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Agenda 09/23/2008 Agenda IndexCOLLIER COUNTY BOARD OF COUNTY and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA September 23, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC 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 14 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Kirt Anderson, Naples Community Church 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. August 18, 2008 - BCC /Emergency Meeting Tropical Storm Fay C. August 26, 2008 - BCC /Emergency Meeting Tropical Storm Fay 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating October 8, 2008 as International Walk to School Day. To be accepted by: David Buchheit, Chairman, Community Traffic Safety Team and Project Planner for Transportation Planning Dept. Russ Muller, Site Plan Reviewer Collier County Engineering Services Department &CTST Member Nancy Frye, Community Traffic Safety Team Secretary/Coordinator &Collier County Traffic Operations Dept. Engineering Technician. Sybil John, Health Educator for Nutrition and Fitness Collier County Dept. of Health Jeff Stauring, Collier County Schools Transportation Director Charles Benson, Collier County Schools Safety Manager Joe Bonness, Collier Metropolitan Planning Organization's Pathways Advisory Committee Chairman &Community Traffic Safety Team Member. B. Proclamation recognizing Senator Burt L. Saunders dedicated and accomplished public service career. To be accepted by Senator Burt L. Saunders. (Commissioner Jim Coletta) C. Proclamation designating September 23, 2008 as Team Unity Dance Team Day. To be accepted by Judy Lora, Dancer, Choreographer and Dance Instructor. D. Proclamation designating October, 2008 as Domestic Violence Awareness Month. To be accepted by Linda Oberhaus, Executive Assistant, Shelter For Abused Women 2 of 14 E. Proclamation designating October 10, 2008 as Put The Brakes On Fatalities Day. To be accepted by: Norman Feder, Transportation Services Division Administrator David Buchheit, Community Traffic Safety Team Chairman (Also Transportation Planning Department Project Manager) Charles Benson, Collier County Schools Safety Manager (Also Community Traffic Safety Team member) Sgt. Chris Gonzalez, Collier County Sheriffs Office Sgt Dave Contessa, Florida Highway Patrol Lt. Greg Gaffney, Naples Police &Emergency Services Department 5. PRESENTATIONS A. Kraft Construction Company, Inc. will present the progress of the construction of the Gordon River Water Quality Park/Freedom Park. The 50 acre park will improve water quality through a series of created wetlands, construct boardwalks and pavilions for visitors to observe native habitat and wildlife and construct a 2,500 sq. ft. education building to promote environmental education. B. Waste Management, Inc. of Florida will give a contractor presentation on contract 07 -4138 Reclamation of Collier County Landfill Cells 1 and 2. C. Recommendation to recognize Susan Usher, Senior Budget Analyst, Office of Management and Budget, as Employee of the Month for August 2008. 6. PUBLIC PETITIONS A. Public petition request by Clay C. Brooker to discuss delayed improvements at Pine Ridge Road/Whippoorwill Lane intersection and associated fines. B. Public petition request by Trent Seguin to discuss the new median installed on Whippoorwill. C. Public petition request by W. Scott Culp to discuss deferral of impact fees for Brittany Bay Apartments. 3 of 14 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 requires that all participants be sworn in and ex parts disclosure be provided by Commission members. CU- 2007 -AR- 12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of Q Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C -3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square - footage of personal services, video rental, or retail uses (excluding drug stores, 5912) from 5,000 square-feet of gross floor area to 12,000 square -feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79+ acres of land, is located in the northeastern quadrant of the CR961 and US41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Planning Commission. B. Discussion regarding Medical Director and EMS. (Commissioner Coyle) C. Executive Manager to BCC Annual Evaluation 10. COUNTY MANAGER'S REPORT A. The annual performance appraisal for the County Manager. (Jim Mudd, County Manager) B. Review and approve the FY 2009 annual work plan for the County Manager. (Jim Mudd, County Manager) C. A report to the Board regarding the integration of behavior based wellness incentives into the Collier County Group Health Plan. (Jeff Walker, Risk Management Director) D. To gain approval from the Board of County Commissioners of a budget amendment in the amount of $2,002,600 to Fund 517, Group Health and Life Insurance, to recognize the receipt of reinsurance proceeds and to pay anticipated claims expenses for the remainder of FY 2008. (Jeff Walker, Risk Management Director) E. To gain approval from the Board of Commissioners to purchase Liability, Automobile, Workers' Compensation, Flood, Aircraft, and other insurance and related services for FY 2009 in the amount of $1,867,006, a reduction of $391,644. (Jeff Walker, Risk Management Director) 4 of 14 F. Recommendation to adopt a superseding resolution authorizing the acquisition by condemnation, if necessary, of fee simple and easement interests in certain tracts of land in Golden Gate Estates necessary for the construction of boat ramps and stormwater retention and treatment ponds required for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard. (Project No. 60040) Estimated fiscal impact: $2,941,632.00. (Norman Feder, Transportation Services Administrator) G. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple and /or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street, and Woodcrest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00. (Norman Feder, Transportation Services Administrator) H. Recommendation to approve an Agreement for Sale and Purchase with Matthew Van Cleave for 38.72 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,971,600. (Alex Sulecki, Senior Environmental Specialist) I. Recommendation to award a construction contract in the amount of $16,512,979.12 to Astaldi Construction Corporation and reserve $2,435,000.00 on the purchase order for funding allowances, for Bid No. 08 -5106 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard ", Project No. 60091, Fiscal Impact $18,947,979.12. (Norman Feder, Transportation Services Administrator) J. To provide an opportunity for Immokalee Disposal to explain why it believes the County should increase the rates paid to Immokalee Disposal for solid waste collection services; (b) to authorize staff to request additional information from Immokalee Disposal and take all necessary steps to determine whether Immokalee Disposal's petition should be granted (in whole or in part) or denied; and, (c) ensure that any potential rate increase will be reviewed and approved by the Board before the rate increase takes effect. (Jim Delony, Public Utilities Administrator) K. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $1,104,000 Housing and Urban Development (HUD) grant to Habitat for Humanity of Collier County, Inc. for land purchase and /or foreclosed home acquisition and rehabilitation. (Marcy Krumbine, Housing and Human Services Director) L. Report to the Board regarding the application of the local vendor preference policy for purchases between $3,000 - $50,000. (Steve Carrell, Purchasing Director) M. To obtain approval by the Board of Collier County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multi - family and commercial waste collection fees for FY09. This resolution adopts the rates that fund the FY09 budget for solid waste collection and disposal. (Jim DeLony, Public Utilities Administrator) N. Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI /Kensington, Ltd., for the Saddlebrook/Pelican Pointe Phase I Apartments, to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary. (Amy Patterson, Impact Fee Manager) 5 of 14 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. Request for direction to prepare and submit, independent from the current or next scheduled land development code (LDC) cycle, LDC amendments applicable to all properties located within State Road 29 Commercial Overlay Subdistrict, the Jefferson Avenue Commercial Overlay Subdistrict, the Agribusiness Overlay Subdistrict, the Farm Market Overlay Subdistrict, the Main Street Overlay Subdistrict and potentially other areas within the Urban Designated Area as depicted on the Immokalee Area Master Plan, to establish a process allowing for deviations from various provisions of the following LDC Sections and Subsections: 4.05.00, off - street parking and loading, 4.06.00 landscaping, buffering, and vegetation removal; 5.03.00 accessory uses and structures, Subsection 5.03.02, fences and wall, Section 5.05.00 supplemental standards for specific uses, Subsection 5.05.05 automobile service stations, and Subsection 5.05.08, architectural and site design standards, Section 5.06.00 signs. (Penny Phillippi, Immokalee CRA Director) 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 8 ENVIRONMENTAL SERVICES 1. Recommendation to approve a PUD amendment zoning fee reduction request for the Orangetree PUD petition, PUDZ- 2003 -AR -3608: Orangetree Associates, petitioner, represented by Davidson Engineering, Inc. 2. This item requires that ex parte disclosure be provided by Commission members. Should shearing be held on this item, all participants are required to be swomin. Recommendation to approve for recording the final plat of First Assembly / Fountain Lakes. 3. 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- 2006 -AR- 10571, Big Cypress Flea Market, to disclaim, renounce and vacate the County' s and the Public' s interest in that portion of a roadway easement as described by the submitted Exhibit which was originally created in Official Record Book 244, Page 683 of the Public Records of Collier County, Florida, situated in Section 17 818, Township 51 South, Range 27 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A "; 6 of 14 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of White Lake Corporate Park, Phase Four with the roadway and drainage improvements being privately maintained. S. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Briarwood Unit Eleven. The roadway and drainage improvements will be privately maintained. 6. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development - related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2 -11. 7. To accept final and unconditional conveyance of the water utility facility for Mobil Service Station located at the intersection of Immokalee Road and Creekside Trail. B. TRANSPORTATION SERVICES 1. Recommendation to endorse the appointment of Floyd Chapin to the Collier Metropolitan Planning Organization's (MPO) Citizen Advisory Committee (CAC) as the District 3 representative. 2. Recommendation to approve an Amendment to Agreement related to the six - laning of Davis Boulevard.(Project No. 60073) Fiscal Impact: None. 3. Recommendation to authorize a budget amendment transferring appropriations of $ 177,000.00 from the MSTD General Fund (Fund 111) Reserve for Contingencies to a Fund Center in the same Fund for Tropical Storm Fay related expenditures. 4. Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the 98.4 acre and 10.5 acre mitigation parcels for the Lely Area Stormwater Improvement Project (LASIP) located in Collier County, Florida. 5. Recommendation for the Board of County Commissioners to approve a First Amendment to the September 27, 2005, Agreement entered into between McDonald Transit Associates, Inc. and Collier County, which provides for consolidated management for the Collier Area Transit and Paratransit Systems, to allow an opportunity to mediate the rate of compensation for the final two years of the Agreement. 6. Recommendation to approve Work Order #AAI -FT- 3588 -08 -03 to Ardaman &Associates, Inc. for the quality assurance and materials testing services for Santa Barbara Boulevard Extension construction project from Rattlesnake Hammock Road to Davis Boulevard (Project #60091), using the Annual Contract for Materials Testing Services, Contract No. 04 -3588, in the amount of $312,000. 7. Recommendation to reject Bid No. 08 -5111 "Radio Road Beautification MSTDIMSTU Roadway Grounds Maintenance" and authorize Staff to reissue a modified solicitation. 7 of 14 8. Recommendation to approve and execute Medicaid Contract Amendment Number 7 between Collier County and the Florida Commission for the Transportation Disadvantaged for a funding increase in the amount of $125,760.00 for the provision of transportation for qualified Medicaid recipients. 9. Recommendation to approve a budget amendment to correct the revenue budget for the Florida Department of Transportation Service Development Grant in the amount of $95,000. 10. Recommendation to award Contract(s) #08 -5060, "Fixed Term Landscape Architectural Services" to the following firms:McGee &Associates Landscape Architecture; Urban Green Studio; Goetz + Stropes Landscape Architects, Inc.; JRL Design; and Windham Studio, Inc. (Estimated annual amount $350,000). 11. Recommendation to reject bid #08 -5071, "U.S. 41 North Tamiami Trail Effluent Water Conversion." C. PUBLIC UTILITIES 1. Recommendation to approve budget amendments of approximately $1,800,000 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. 2. Recommendation to award Bid 08 -5096 to Perkin Elmer in the amount of $101,747.30 for the purchase and installation of a simultaneous, dual viewing Inductively Coupled Plasma Optical Emission Spectrometer. 3. Recommendation to approve the Collier County Water -Sewer District's participation in a photographic documentary of the Water Department and its facilities with independent professional photographers Dennis Guyitt and Terry Alcorn. 4. Recommendation to approve the communication of concerns from the Collier County Water - Sewer District, by letter, under the signature of the Chair of the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, to the South Florida Water Management District relative to the proposed revisions to Florida Administrative Code Chapter 40E -24 ( "Year -Round Irrigation Rule "). 5. Recommendation to authorize a budget amendment transferring appropriations of $500,000.00 from the Collier County Water -Sewer District Operations Fund (Fund 408), Reserve for Contingencies to a Fund Center in the same Fund for Tropical Storm Fay related expenditures. D. PUBLIC SERVICES 1. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida to reflect a decrease of $504.27 in grant funding for nutrition services. 8 of 14 2. Recommendation for the Board of County Commissioners to approve Collier County' s Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2007 -2008 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman to certify the CAPER for submission to HUD, and approve and authorize the Chairman to sign the attached Resolution. 3. Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2008 -2009 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. 4. Recommendation for the Board of County Commissioners to approve two contract renewals for two Master Agreements with the Area Agency on Aging for Southwest Florida, Inc., relating to grants awarded to the Services for Seniors programs, authorize the Chairman to sign the two renewals, and authorize the continued payment of grant expenditures. 5. Report to the Board on policy for scheduling Library Meeting Room use by the Public. 6. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $426,750 Housing and Urban Development (HUD) grant to Housing Opportunities Made for Everyone (H.O.M.E.) for land purchase and /or foreclosed home acquisition and rehabilitation. 7. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $157,250 Housing and Urban Development (HUD) grant to the Empowerment Alliance of SW Florida (EASF) for land acquisition. 8. Recommendation to award bid #08 -5051 in the following order to Cheney Brothers, Sysco, and US Foods for concession food resale and paper products at North Collier Regional Park at an estimated cost of $220,000. 9. Recommendation to approve Naples Wholesale Bait as a sole source supplier of live bait for resale at Caxambas Park and Cocohatchee River Park Marina with an estimated Fiscal Year 2009 expenditure of approximately $140,000 and approve a seven day payment schedule 10. Recommendation that the Board of County Commissioners adopt a Resolution re- establishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy superseding Resolution 2007 -32. 11. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Frikson Attilus and Smide L. Attilus (Owners) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 39, Trail Ridge, East Naples. 12. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Collier County Housing Development Corporation (Developer) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 36, Block 11, Naples Manor Lakes, East Naples. 9 of 14 13. Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. E. ADMINISTRATIVE SERVICES 1. Recommend to confine and consent to the re- assignment of the Municipal Lease and Option Contract with E -One, Inc. to Banc of America Public Capital Corp. 2. Recommendation to approve an Interim Management Plan for the Starnes property under the Conservation Collier Land Acquisition Program. 3. Recommendation to Approve Agreement #08 -5102, Independent Legal Counsel for the Collier County Value Adjustment Board with the firm of Bond, Schoeneck &King, P.A. 4. Recommendation to approve an Agreement for Sale and Purchase with Timothy P. Maloney, as Successor Trustee of the Timothy J. Maloney Credit Shelter Trust created under the Last Will and Testament of Timothy J. Maloney, dated September 28, 2000for 10 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $741,000. 5. Recommendation to Approve Agreements #08.5076 and 08 -5077 for the Attorney and Appraiser Special Magistrates for the Collier County Value Adjustment Board 6. Recommendation to authorize the Chairman to sign U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401818,1610 to fund habitat restoration at the Otter Mound Preserve in the amount of $8,400. 7. Recommendation to extend Contract #99 -2961 "Energy Management/Building Controls" to Johnson Controls, Inc., as intended by the original request for proposal (RFP). 8. Recommendation to approve a Final Management Plan for the Nancy Payton Preserve under the Conservation Collier Land Acquisition Program. 9. Recommendation to award Bid No. 08 -5101, "Alarm Monitoring Services" to Dehart Alarms Systems for fire and burglar alarm services for an estimated annual amount of $25,000. 10. Recommendation to approve an Agreement for Sale and Purchase with An Trinhfor 80 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $775,500. 11. Recommendation to approve an Agreement for Sale and Purchase with Salvatore Cangialosi and Patricia Cangialosifor 4.56 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $348,250. 12. Recommendation that the Board of County Commissioners approves amendment A -1 to Contract # 08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to Paints &Coatings, Inc., to add additional clauses to the contract for clarification of vendors' responsibilities and authorize the Chairman to sign said amendment. 10 of 14 13. Recommendation that the Board of County Commissioners approves amendment A -1 to Contract # 08 -5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to Chaz Equipment Company, Inc., to add additional clauses to the contract for clarification of vendors' responsibilities and authorize the Chairman to sign said amendment. 14. Recommendation to approve an Agreement for Sale and Purchase with Louis H. Stuns and Mary H. Stims for 9.70 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $714,300. F. COUNTY MANAGER 1. Recommendation that the Board of County Commissioners approve grant agreement 2008CKWX0170 in the amount of $350,738 from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program for public safety technology equipment and approve all necessary budget amendments. 2. Recommendation that the Board of County Commissioners approve Agreement 09CP- 04- 09 -21- 01 -000 between the Florida Department of Community Affairs and Collier County accepting $8,302 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within Collier County and approve the Budget Amendment necessary to recognize and appropriate $8,302 as revenue. 3. Recommend the Board of County Commissioners approve a payment to the Clerk of the Circuit Court for reimbursement of costs incurred by the Clerk for services rendered to the Collier County Value Adjustment Board for 2007 (total cost is $102,204.18). 4. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007 -08 Adopted Budget. 5. Recommend that the Board of County Commissioners approves an amendment for the extension time of Tourism Agreement with Marco Island Historical Society for building a museum on Marco Island. 6. Review of Quarterly report on the tourism industry in Collier County. 7. Recommendation for the Board of County Commissioners to approve agreement between Collier County and DiaMonde e.K. in FY 09 for International marketing representation services in the amount of $190,000 and authorize the Chairman to sign said Agreement. 8. Recommendation to approve Amended Contract #1904 between the Board of Collier County Commissioners and Florida Department of Agriculture and Consumer Services, Division of Forestry, for fire protection of forest and wild lands within Collier County. ($28,126.98) 9. Recommendation for the Board of County Commissioners to approve six (6) Tourism Agreements for FY 09 Tourist Tax Category "C -2" Grant Requests totaling $567,500 and authorize the Chairman to sign said Agreements. 11 of 14 10. Recommendation for the Board of County Commissioners to approve three (3) Tourism Agreements for FY 09 Tourist Tax Category "B" Grants requests totaling $62,265 and authorize the Chairman to sign said Agreements. 11. Recommendation that the Board of County Commissioners waive formal competition as authorized in the Purchasing Policy, and follow the three (3) quote process in lieu of the Request for Proposal process, and accept the bid proposal (lowest bid) from Collier Seawall &Dock for $57,900 in order to construct the retention wall at the Isles of Capri Fire Station. 12. Recommendation to approve the annual five percent (5 %) increase in Consultant Fees for the Medical Director of Emergency Medical Services as described in the Emergency Medical Services Medical Consultant Contract for a total of $105,500 for FY 09 and to designate Dr. Doug Lee as the Medical Director's Appointee. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to the Community Redevelopment Agency (CRA) to approve three CRA staff and one Advisory Board member attendance at the Florida Redevelopment Association 2008 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. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning request for Board approval for payment to attend function serving a valid public purpose. Commissioner Henning attending the Economic Development Council Industry Awards Ceremony on September 13, 2008. $50.00 to be paid from Commissioner Henning's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 9.11 -01 Remembrance Luncheon on September 10, 2008 at Marco Island Marriott Beach Resort in Marco Island, FL. $30.00 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 EDC Excellence in Industry Awards on September 13, 2008 at Sugden Community Theatre in Naples, FL. $50.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the United Way of Collier County 2008 Campaign recognition Breakfast on Wednesday, October 1, 2008, at the Hilton Naples. $20.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Items to file for record with action as directed. 12 of 14 J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of September 6, 2008 through September 12, 2008 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of August 30, 2008 through September 06, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. That the Board of County Commissioners make a finding that: (1) pursuant to Section 10.02.13.F.5 of the Land Development Code (LDC), that the timing of the developer commitment of providing a point of egress and intersection improvements prior to the issuance of the first certificate of occupancy as required by the Coconilla Planned Unit Development Ordinance No. 06 -15 is no longer necessary; and (2) that the appropriate County staff issue certificates of occupancy for the first tower building and dwelling units therein prior to the completion of the referenced access improvements. 2. Recommendation to approve settlement after mediation prior to trial in the lawsuit entitled Gerald Pecar vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06- 1738 -CA, for $9,000.00. 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. Recommendation that the Board of County Commissioners as Ex- officio Governing Board of the Collier County Water -Sewer District, Adopt a Resolution Amending the Collier County Water -Sewer District's Utilities Standards Manual. B. Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel &Andress, requesting a Conditional Use Re- review (CUR) of the property commonly referred to as Jones Mine. The Conditional Use (CU- 2004 -AR -6904) was approved on September 25, 2007 and in accordance with condition No. 3, the Conditional Use approval shall be reviewed by staff and brought back to the BZA on the first anniversary of approval. The subject property, consisting of 2,576 acres, is located at 16000 Immokalee Road (CR -846), approximately 2 miles north of Oil Well Road (CR -858) in Sections 35 &36, Township 47 South, Range 27 East; and all of Sections 1 &2, Township 48 South, Range 27 East, Less Road Right -of -Way for County Road 846, Collier County, Florida. 13 of 14 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2007 -08 Adopted Budget. D. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members: RZ- 2007 -AR- 12044: Immokalee LLC, represented by Shaun Mularkey, AICP, of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) Zoning District to the Residential Multi- family -16 (RMF -16) Zoning District to permit a multi- family development on 9.33 ± acres with a maximum of 15 dwelling units per acre for property located at the southwest comer of the intersection of Immokalee Road (CR -846) and School Road, in Section 9, Township 47 South, Range 29 East, in the unincorporated Immokalee area of Collier County, Florida. E. Adopt a Resolution amending Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2006 -27, the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amendment corrects scrivener's error and includes a proposed rate for the late payment charge and the vehicle over meter charge; and provides for an effective date of October 1, 2008 for Schedule Six of Appendix A of the Ordinance. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. 14 of 14