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Recap 09/25/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA September 25, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 (absent after 3 p.m.) 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." Page 1 September 25, 2007 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) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or adopted with changes - 4/1 (Commissioner Henning opposed); Speakers on Item #9: Kenneth Thompson and Esmerelda Serrata 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees Moved from Item #3B 1) David Streit, Utility Billing Presented B. 25 Year Attendees Moved to Item #3A 1) David Streit, Utility Billing Page 2 September 25, 2007 C. 30 Year Attendees D. 35 Year Attendees E. Advisory Committee Service Awards 4. PROCLAMATIONS A. Proclamation for the Summer Food Service Program to be accepted by Jim Thomas, Parks and Recreation Department. Adopted - 5/0 B. Proclamation for International Walk to School Day 10-3-07 to be received by: David Buchheit, President, Community Traffic Safety Team and Project Planner for Transportation Planning Dept. Russ Muller, Engineer, Engineering Services Department and Community Traffic Safety Team (CTST) Member Nancy Frye, CTST Secretary/Coordinator & Traffic Operations Engineering Technician Sybil John, Health Educator for Nutrition and Fitness Jeff Stauring, Collier County Schools Transportation Director Charles Benson, Collier County Schools Safety Manager Silvia Monzo, Collier County Schools Safety Manager Joe Bonness, Collier Metropolitan Planning Organization's Pathways Advisory Committee Chairman & Community Traffic Safety Team Member Adopted - 5/0 5. PRESENTATIONS A. AP AC Road Contractor to present status on the lmmokalee Road expansion and improvements from Collier Boulevard to Shady Hollow. Construct 6 miles of six lanes, divided highway and 2 miles of four lanes. Presented 6. PUBLIC PETITIONS Withdrawn A. Public petition request by Kenneth Pekel to discuss private improved property within the Big Cypress National Preserves. Page 3 September 25, 2007 B. Public petition request by Jeff Moscardelli to discuss The Picayune Strand South Belle Meade Water Management District. Presented C. Public petition request by Jim Kramer to discuss adding language to contracts with County-hired companies. Presented and discussed current policies 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 to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-2004-AR-6904 Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, is requesting a conditional use allowed per LDC Section 2.04.03, Table 2 of the A-MHO Agricultural zoning district for Earthmining. The subject property, consisting of 2,576 acres, is located east of lmmokalee Road, approximately 2 miles north of Oil Well Road. The subject property is located within Sections 35 & 36, Township 47 South, Range 27 East; and all of Section 1 and 2, Township 48 South, Range 27 East, Less Road Right-of- Way for County Road 846 (Immokalee Road), Collier County, Florida. Resolution 2007-274 Adopted w/stipulations and changes; To bring back for further review at a BCC Meeting in six (6) months - 4/0 (Commissioner Halas absent) 8. ADVERTISED PUBLIC HEARINGS A. CPSP-2007-6, Petition requesting an amendment to the Potable Water Sub- Element of the Public Facilities Element, to add reference in Policy 1.7 to the proposed" Ten-year Water Supply Facilities Work Plan." Resolution 2007- 275 Adopted - 4/0 (Commissioner Halas absent) Moved from Item #17E B. 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 FY08. This resolution adopts the rates that fund the FY08 budget for solid waste di spo sal. Page 4 September 25, 2007 Resolution 2007- 276 Adopted - 4/0 (Commissioner Halas absent) 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to accept a proposed Settlement Agreement between the Coconut River Estates Civic Association and Collier County providing for resolution of the pending Code Enforcement Case No. 2007020584. Approval of Exhibit E without lA - 4/1 (Commissioner Henning opposed) B. Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. Resolution 2007-272: Appointing David H. Farmer and Michael R. Ramsey - Adopted 5/0 C. Appointment of members to the Collier County Planning Commission. Resolution 2007-273: Re-appointing Robert Murray, Tor Kolflat and Robert Vigliotti - Adopted 5/0 D. The Annual Performance Appraisal for the Executive Manager to the BCC. Approved w/Lump sum merit pay of $6,663.60 - 5/0 Item removed in Agenda Changes (Requested by Commissioner Henning) E. Discussion regarding Collier County to take over the direction of the Collier County Housing Authority and become involved in the primary functions of the Authority. (Commissioner Henning) F. The Annual Performance Appraisal for the County Manager. Approved w/Lump sum merit pay of $14,865.78 - 5/0 10. COUNTY MANAGER'S REPORT A. Review and approve the FY2008 Annual Work Plan for the County Manager. Approved w/changes to include customer service report by divisions and how issues are resolved - 5/0 B. Advisement of the Board of County Commissioners concerning a change in Florida Statutes regarding the use of All Terrain Vehicles (ATVs) on unpaved county roads. (Bob Tipton, Traffic Operations Director) Page 5 September 25, 2007 Presented and discussed C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane and six-lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Project No. 60044). Estimated fiscal impact: $12,780,000.00 (Jay Ahmad, TransportationlECM Director) Resolution 2007-277 Adopted - 4/0 (Commissioner Halas absent) D. This item to be heard at 11 a.m. Consideration of an amplified music permit for a commercial establishment known as Stevie Tomato's Sportspage Restaurant and Sports Grill located at the southwest corner of County Road 951 and Immokalee Road and consideration for a Land Development Code requirement for annual Temporary Use Permits for outdoor serving areas (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Motion to Deny - Approved 5/0; Staff directed to bring forth LDC changes to regulate and have control over sound issues, outdoor seating and amplified sound E. Recommendation to approve Work Order URS-FT-3657-07-ll with URS Corporation Southern (URS) for a total cost not to exceed $825,250 with a first phase cost of $198,840 to provide Project Management and Oversight services for the development of Watershed Management Plans required by the Growth Management Plan. (Bill Lorenz, Natural Resources Director) Approved - 4/0 (Commissioner Halas absent) F. Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $2,855,126 to participate in the Medicaid Low Income Pool Program for services provided on behalf of the Housing and Human Services Department in order to generate an additional $571,025 in Federal matching funds. (Marcy Krumbine, Housing and Human Services Director) Approved - 4/0 (Commissioner Halas absent) G. Recommendation that the Board of County Commissioners of Collier County, Florida approve a Charitable Organization Impact Fee Deferral in the amount of $79,303.77 for Fun Time Early Childhood Academy, Page 6 September 25, 2007 Incorporated. (Amy Patterson, Impact Fee Manager and Jeff Klatzkow, Assistant County Attorney) Approved - 4/0 (Commissioner Halas absent) H. Staff Request for Direction to Add to the 2005 Cycle of Growth Management Plan Amendments, at Adoption Public Hearings, a Proposed Amendment to the Wellhead Protection Areas and Proposed Well fields and ASRs Map. (David Weeks, Comprehensive Planning Manager) Approved - 4/0 (Commissioner Halas absent) I. Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Flood, Aircraft, and other insurance and related services for FY 2008 in the amount of$2, 127,861. (Jeff Walker, Risk Management Director) Approved - 4/0 (Commissioner Halas absent) J. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner d/b/a District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2008 at a cost of $1 ,072, I 00. (Dan Summers, Bureau of Emergency Management Director) Approved - 4/0 (Commissioner Halas absent) Moved from Item #16A16 K. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase One at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Motion to continue indefinitely - Approved 4/0 (Commissioner Halas absent) Moved from Item #16A17 L. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Two at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Motion to continue indefinitely - Approved 4/0 (Commissioner Halas absent) Moved from Item #16A18 Page 7 September 25, 2007 M. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Three at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Motion to continue indefinitely - Approved 4/0 (Commissioner Halas absent) Moved from Item #16D14 N. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a grant for Home Investment Partnership Program (HOME) funding in the amount of $330,000 to the Collier County Housing Authority for Tenant Based Rental Assistance (TBRA); funding will provide forty-six families with rental and utility assistance. Approved - 4/0 (Commissioner Halas absent) Moved from Item #16F7 O. Recommend Approval of a Resolution authorizing the Tourism Department to utilize Emergency Advertising Funds in the event of a disaster. Resolution 2007-278 Adopted w/changes - 4/0 (Commissioner Halas absent) Moved from Item #16D7 P. Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2006-2007 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. Resolution 2007-279 Adopted - 3/1 (Commissioner Henning opposed and Commissioner Halas absent) Moved from Item #16D9 Q. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$22,200 to The Empowerment Alliance ofSW Florida (EASF) for Homebuyer Counseling to low and moderate income households in Eastern Collier County. This Page 8 September 25, 2007 program will consist of homebuyer education and one-to-one counseling for potential new homebuyers. Motion to continue Item - Approved 4/0 (Commissioner Halas absent) Moved from Item #16D18 R. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$35,000 to The Collier County Housing Development Corporation (CCHDC) for Homebuyer Counseling to low and moderate income households in Collier County. This program will consist of home buyer education and one-to-one counseling for potential new homebuyers. Motion to continue Item - Approved 4/0 (Commissioner Halas absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to Approve Interlocal Service Boundary Agreement with the City of Naples and East Naples Fire Control and Rescue District for purposes of providing services to the Collier Park of Commerce following annexation of that area by the City of Naples. Approved - 4/0 (Commissioner Halas absent) 13. OTHER CONSTITUTIONAL OFFICERS Added A. Recommendation that the Board of County Commissioners to serve on the Collier County Canvassing Board for the Special Primary Election and, if needed, the Special General Election to fill the vacancy in State House District 101. Motion for Commissioner Halas to serve on Canvassing Board and Commissioner Henning to serve as the alternate - Approved 4/0 (Commissioner Halas absent) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard after 3:00 p.m. Community Redevelopment Agency FY2007 annual performance appraisal review for the Bayshore Gateway Page 9 September 25, 2007 Triangle Executive Director and determine the FY2007 Merit Pay Award for lump sum payment from the FY2008 budget. Motion to approve lump sum merit of $9443.94 - Approved 4/0 (Commissioner Halas absent) B. This item to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. Motion to withdraw - Approved 4/0 (Commissioner Halas absent) C. This item to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Request for Proposals (RFP) scope of work to sell CRA owned land; approve the Executive Director to advertise the RFP through the County Purchasing Department and return with recommendations. Approved - 4/0 (Commissioner Halas absent) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - Confirming Commissioner Coyle will be absent for the BCC Meeting of October 9, 2007 B. Jim Mudd - The BCC will meet on January 15 and January 29, 2008 - Consensus A. Commissioner Coyle - Discussion regarding extending David Weigel's contract for 120 days after the expiration of November 22, 2007; Motion made to bring back this extension contract for approval- 4/0 (Commissioner Halas absent) B. Commissioner Fiala - Affordable housing guideline analysis w/amending the GMP/LDC; Consensus for workshop on January 31, 2008 C. Commissioner Henning - "We can do better" 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 4/1 (Commissioner Henning opposed) Page 10 September 25, 2007 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water utility facility for Big Cypress Elementary School. 2) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. 3) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. 4) Recommendation to approve an Intergovernmental Agreement for enhanced environmental resources permitting with the State of Florida Department of Environmental Protection, South District Office 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Jasmine Lake Replat 6) To accept final and unconditional conveyance of the water utility facility for Cypress Woods Basin 6-Plex 7) To accept final and unconditional conveyance of the water utility facility for Cypress Trace 8) To accept final and unconditional conveyance of the water utility facility for Artisan Guild Annex 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Calusa Park Elementary School 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Charlee Estates, Phase 1 11) Recommendation to approve final acceptance of the water and sewer utility facilities for Charlee Estates, Phase 2 12) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all Page 11 September 25, 2007 participants are required to be sworn in. Recommendation to approve for recording the final plat of Hibiscus Golf Course 13) Recommendation to approve final acceptance of the water and sewer utility facilities for Bradford Lakes 14) Recommendation to approve final acceptance of the water and sewer utility facilities for Eckerd's East Naples 15) Recommendation to approve final acceptance of the water and utility facilities for Golden Gate High School/Access Road Moved to Item #10K 16) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase One at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Moved to Item #10L 17) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Two at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Moved to Item #10M 18) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Three at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. 19) Recommendation that the Board of County Commissioners (BCC) approve the offsite removal of up to 75,000 cubic yards of excess fill stockpiled in three locations throughout Lely Resort. The three stockpile areas total 75,000 cubic yards of materials per the contractor. The stockpiles are located in Moorgate Point (folio number 60590000084),01 (folio 55440009001) and Prestwick place stockpile area (folio 00432200009 and 00438800005). The excess fill is a result of previously approved development and lake excavation within Lely Resort and the material is not tied to any current excavations Page 12 September 25, 2007 The fill will be hauled on CT 951 to a development near Davis Blvd. on CR 951 20) Recommendation to award Bid #07-4050R -- Demolition of Commercial/Residential Structures to Cross Environmental Services, Inc. as the primary contract. In addition, to award Gruelle Construction, Inc. as the secondary contract with estimated annual expenditure of$80,000.00. 21) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Park Phase III, the roadway and drainage improvements will be privately maintained. Resolution 2007-261 B. TRANSPORTATION SERVICES 1) Recommendation to award Contract(s) #07-4112, Annual Contract for Subsurface Utility Designating and Locating Services to the following firms: George F. Young, Inc., TBE Group, Inc. and RWA, Inc. Estimated annual contract amount is $500,000. 2) Recommendation to approve a resolution indicating the Collier County Board of County Commissioners desire to be re-designated as the Community Transportation Coordinator (CTC) for Collier County and requesting the Collier Metropolitan Planning Organization (Collier MPO) recommend it be so re-designated to the Florida Commission for the Transportation Disadvantaged. Resolution 2007-262 3) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for Various Projects within the Transportation Supported Gas Tax Fund (313) in the amount of$292,890.88 for Project No(s). 60085, 69124, and 60066. Continued to October 9, 2007 BCC Meeting 4) Recommendation to approve a Developers Contribution Agreement with MAC Builders, Inc. (Developer) and Collier County (County) to design, permit and construct the intersection improvements on US4l and Barefoot Williams Road (Project). Page 13 September 25, 2007 5) Recommendation to approve a Resolution authorizing implementation of school zone speed limit reductions to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons and signs on Texas Avenue at a cost of$13,000. Resolution 2007-263 6) Presentation of an additional paratransit operator selected by McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b/a! Collier Area Transit (CAT) for approval by the Collier County Board of Commissioners. Resolution 2007-264 7) Recommedation to award Bid #07-4184 "Goodlette-Frank Road (GGPkwy. to PRR) Annual Maintenance" to Green Heron Landscapes, Inc. in the amount of$58,000.00. 8) Recommendation to approve Change Order #1, to Professional Services Agreement No. 05-3835 in the amount of $224,261.00 for additional engineering services to be provided by Agnoli, Barber & Brundage, Inc., for design and permitting services for the six-laning of Santa Barbara Boulevard Extension from Rattlesnake Hammock Road to Davis Boulevard, Project No. 60091. 9) Recommendation to award Bid No. 07-4178 - St. Andrews Boulevard Stormwater Improvements to Quality Enterprises USA, Inc. in the amount of$175,468.75; Project 511401 10) Recommendation to approve Request for Proposal RFP #07-4199, to be posted to solicit bids for Construction Manager at Risk services for capacity improvements to Oil Well Road. Project 60044. W /stipulations 11) Approve the purchase of improved property (Parcel No. 153) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $625,662.00) For the extension of Vanderbilt Beach Road from Collier Boulevard to DeSoto Boulevard Page 14 September 25, 2007 12) 13) 14) 15) Withdrawn 16) Recommendation to approve Professional Service Agreement No. 07- 4133 for engineering design and permitting services to be provided by P.B. Americas Inc. for the Immokalee Road Multi-intersection Improvements. The amount to be compensated is five hundred and four thousand, three hundred and ninety seven dollars ($504,397.00) Recommendation to award Bid No. 07-4ll5R US 41 (Tamiami Trail) & SR 84 (Davis Blvd.) Roadway Lighting Maintenance Contract to Southern Signal & Lighting Inc. Recommendation to award Bid No. 07-4137 Installation and Maintenance of Roadway Lighting, Fixed Term Contract to Southern Signal & Lighting Inc. Recommendation for approval of a Resolution authorizing a six percent (6%) rate increase for the subcontractors providing paratransit services for McDonald Transit Management, Inc. d/b/a Collier Area Transit ("CAT") Resolution 2007-265 Recommedation to award Bid #07-4185 "US 41 (Tamiami Trial) East (Rattlesnake Hammock Rd. to Collier Blvd.) Annual Maintenance" to Vila & Son Landscaping in the amount of $339,542.80. C. PUBLIC UTILITIES 1) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. 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 1991, 1992, 1993, ] 994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $288.50 to record the Satisfactions of Lien. Resolution 2007-266 Page 15 September 25, 2007 3) Recommendation to convey a Utility Easement to the Water-Sewer District for five public water supply well sites, associated pipelines, and access on property owned by Collier County on Shady Hollow Boulevard at an estimated cost not to exceed $7,127, Project Number 70908. 4) Recommendation to approve a Fourth Amendment to Lease Agreement with the City of Naples Airport Authority to extend the lease term for the Naples Transfer Station property at a first year annual rent of$42,261. 5) Recommendation to approve Change Order 3 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie Inc., in the amount of $473,678, for services related to the Northeast Facility Program Project 75012. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for Community Development Block Grant (CDBG) funding in the amount of$lOO,OOO to Youth Haven, Inc., to provide crisis intervention and prevention services for at-risk families with young children in Collier County. 2) Recommendation to approve and authorize Chairman to sign an Interlocal Agreement with The School District of Collier County whereby the County will make improvements through a temporary construction easement and reimburse the School District $12,000 for design of the project. 3) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a grant for Emergency Shelter Grant (ESG) in the amount of $98,0 12 to The Immokalee Friendship House for essential services and operational and administrative costs. 4) Recommendation to approve Naples Wholesale Bait as a sole source supplier oflive bait for resale at Caxambas Park and Cocohatchee Page 16 September 25, 2007 River Park Marina with an estimated Fiscal Year 2008 expenditure of approximately $125,000, and approve a seven day payment schedule 5) Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration in the amount of $151 ,095 to be used as the local government match for State and Federal funding to operate the Horizons Primary Care Clinic. The clinic currently provides adult, pediatric, and family health care services. 6) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $608,575.00 to lmmokalee Non-Profit Housing, Inc., for renovations to the Sanders Pines and Timber Ridge rental apartment complexes in Immokalee. Moved to Item #10P 7) Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2006- 2007 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. 8) Recommendation to approve a Residential License Agreement for Sugden Regional Park with no annual income. To provide Security for the property during non-business hours Moved to Item #10Q 9) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$22,200 to The Empowerment Alliance ofSW Florida (EASF) for Homebuyer Counseling to low and moderate income households in Eastern Collier County. This program will consist of homebuyer education and one-to-one counseling for potential new homebuyers. Page 17 September 25, 2007 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Eagle Ridge Subdivision, LLC (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Milagro Place. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Eagle Ridge Subdivision, LLC (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Milagro Place. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (Builder) and Rachid M. Alaoui (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at West 75 of the West 150 of Tract 94, Golden Gate Estates, Unit 70. 13) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for Community Development Block Grant (CDBG) funding in the amount of$357,750 to the Collier County Housing Authority for public improvements and exterior rehabilitation to housing units at Farm Worker Village and Horizon Village, consisting of installation of approximately 42 street lights and replacement of approximately 47 roofs. Moved to Item #10N 14) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a grant for Home Investment Partnership Program (HOME) funding in the amount of $330,000 to the Collier County Housing Authority for Tenant Based Rental Assistance (TBRA); Funding will provide forty six families with rental and utility assistance. 15) Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2007-2008 State Aid to Libraries Grant Application Page 18 September 25, 2007 permitting the Collier County Public Library to apply for State Aid to Libraries. 16) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an amended CDBG Subrecipient Agreement with Immokalee Non-Profit Housing Corporation, Inc. to adjust the construction time line and budget for a community center, to be located in Immokalee. To renovate the Edenfield Hose located at 2443 Sanders Pines Circle in Immokalee 17) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for Community Development Block Grant (CDBG) funding in the amount of$59,001 to The Empowerment Alliance ofSW Florida (EASF) for installation of infrastructure consisting of paving, street lighting and landscaping for a project known as Hatchers Preserve. EASF will construct fifteen (15) single-family affordable housing units to benefit low and moderate income households in Immokalee. For a project known as Hatcher's Preserve Moved to Item #10R 18) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$35,000 to The Collier County Housing Development Corporation (CCHDC) for Homebuyer Counseling to low and moderate income households in Collier County. This program will consist of home buyer education and one-to-one counseling for potential new homebuyers. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to Fund 517, Group Health and Life Insurance to pay anticipated claims expenses for the remainder of Fiscal Year 2007 in the amount of$955,400. Page 19 September 25, 2007 2) Recommendation to approve a First Amendment to Lease Agreement with Congressman Mario Diaz-Balart for the continued use of County-owned office space for an annual income of $1 O. The Congressman has requested to continue this Lease Agreement for another two years 3) Recommendation to approve an Agreement for Sale and Purchase with RJS, L.L.C. for 30.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $208,800. Located in Section 30, Township 51 South, Range 27 East, within the McIlvane Marsh area 4) Recommendation to approve a Budget Amendment to recognize and appropriate Building Maintenance Special Service revenues totaling $23,971 for reimbursement of personal and operating expenses in Fiscal Year 2007 5) Recommendation to approve an Interim Management Plan for the RR Land Trust property under the Conservation Collier Land Acquisition Program; first year cost $100,250; annual costs $10,000. 6) Recommendation that the Board of County Commissioners approves award of Bid #07-4180 Gasoline & Diesel Fuel to Evans Oil Company, in an estimated annual amount of $3,000,000, and authorize the Chairman to sign the Standard County Attorney approved contract. 7) Approve Deductive Change Order No.6 in the amount of ($689,000.00) for direct purchase of materials for the Construction Manager at Risk for the Emergency Services Complex, Contract No. 04-3609. Resolution 2007-267 8) Recommendation to approve and execute an Amendment to Agreement to provide the Big Corkscrew Island Fire Control and Rescue District $32,023 from the GAC Land Trust Fund for the purchase of a new cab and chassis for the lightweight brush patrol/rescue vehicle, which is the balance after the trade-in value of $5,500 is applied to the purchase price. Page 20 September 25, 2007 9) Recommendation to approve an Interim Management Plan for the Oetting property under the Conservation Collier Land Acquisition Program; first year cost $9,600; annual cost $1,000. F. COUNTY MANAGER 1) Approve Budget Amendments 2) Recommend Approval of three (3) Tourist Development Category B Sponsorship Marketing Grant Applications and corresponding Tourism Agreements with the Friends of Rookery Bay, Inc. ($25,000), United Arts Council of Collier County, Inc. ($21,500) and the Conservancy of Southwest Florida, Inc. ($32,000) for a total of $78,500. 3) Recommend Approval of five (5) Tourist Development C-2 Grant Applications and corresponding Tourism Agreements with the Marco Island Historical Society, Inc. ($125,000), Naples Art Association ($50,000), Naples Botanical Garden, Inc. ($110,000), Naples Zoo, Inc. ($121,000), and Southwest Florida Holocaust Museum, Inc. ($100,000) for a total of $506,000. 4) Recommendation to award Bid # 07-41 08R to multiple vendors for EMS Uniforms for an annual cost of approximately $60,000 for FY 08. Awarded to Pride Enterprises and RSVP LTD., Inc. 5) Recommend approval of the award ofRFP #07-4165 and corresponding agreement between Collier County and Phase V of Southwest Florida, Inc. for Tourism Fulfillment Services. 6) Recommend approval of the award of RFP #07-4169 and corresponding agreement between Collier County and Research Data Services, Inc. for Tourism Research Services. Moved to Item #100 7) Recommend Approval of a Resolution authorizing the Tourism Department to utilize Emergency Advertising Funds in the event of a di saster. Page 21 September 25, 2007 8) Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,565,000. 9) Recommendation that the Board approves prepayment of the Vanderbilt Beach Parking Garage Commercial Paper Loan in the amount of $6,400,000. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve Local Advisory Board members and three CRA staff attendance at Florida Redevelopment Association 2007 Annual Conference; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose 2) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2613 Lakeview Drive). H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Southwest Florida Economic Development Luncheon Forum, entitled, "Gauging the Global, National and Regional Economy", on Thursday, October 18,2007, at the Harborside Event Center in Ft. Myers, Florida. $75.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Blue Chip Recognition Breakfast on Thursday, November 8, 2007 at the Hilton Naples & Towers. $10.00 to be paid from Commissioner Halas' travel budget. Page 22 September 25, 2007 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending United Way's 50th Anniversary Celebration on Saturday, October 13, 2007 at The Hilton Naples. $103.90 to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Collier County Bar Association Second District Court of Appeal Dinner on Thursday, October 4, 2007 at The Port Royal Club, Naples; $60.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the NAACP 25th Annual Freedom Fund Dinner on Saturday, September 29,2007, at the Naples Hilton & Towers; $75.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the United Way's 50 Years Serving Collier County Dinner on Saturday, October 13,2007, at the Naples Hilton & Towers; $103.90 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Blue Chip Recognition Breakfast on Thursday, November 8, 2007, at the Naples Hilton & Towers; $10.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for a Florida Public Safety Interoperable Communications (PSIC)Grant Page 23 September 25, 2007 Application, accept the grant when awarded, and approve applicable budget amendments. 2) To obtain Board approval for disbursements for the period of August 25,2007 through August 31,2007 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of September I, 2007 through September 7, 2007 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of September 8, 2007 through September 14,2007 and for submission into the official records of the Board. 5) Recommendation to have the Board of County Commissioners approve the refund of$12,296.94 to five (5) vendors providing food and drink concessionaire services at seven (7) Parks and Library locations. K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment in the Amount of$40,400.00 for the Acquisition of Parcel 120 in the Lawsuit Styled Collier County v. Naples Estates Limited Partnership, an Oregon Limited Partnership, et aI., Case No. 06-l2l3-CA (County Barn Road Project No. 60101). Fiscal Impact: $3500.00 2) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Francisco J. Guerrero, Jr., in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of $3,900.00. 3) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Geraldine Francois., in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of $19,500.00. Page 24 September 25, 2007 4) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Jimmy Oakley and/or Anthony Rhon Pierce. in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of $4,400.00. 5) Recommendation to approve a Stipulated Final Judgment for Parcel 803 in the lawsuit styled Collier County v. James M. Brown, et aI., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $8,396.91) 6) Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled Trugreen Landcare, L.L.c. vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0239-CA, for $67,500.00. 7) Recommendation to approve settlement prior to commencement of discovery in the lawsuit entitled Collier County v. Ocean Gate General Contractors, Inc. and Florida Department of Environmental Protection filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0704-CC, in the amount of $7,470.40. 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 all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VROW -2005-AR-780 1, disclaiming, renouncing and vacating the County's and the Publics interest in a 60 foot wide right-of-way Page 25 September 25, 2007 easement, known as 12th Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3, Page 12, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A and to accept a drainage easement over the entire vacated area comprised of three separate and segmented drainage easements, as depicted and described in Exhibit B, Exhibit C and Exhibit D and a 20 foot wide access easement along the west 20 feet of the east 30 feet of the proposed vacation area, as depicted and described in Exhibit E. Resolution 2007-268 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VESMT-2007-AR-11923, to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a platted drainage easement over Tract 1, Carolina Commons, a subdivision as recorded in Plat Book 48, Pages 78 and 79 of the Public Records of Collier County, Florida, situated in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically described in Exhibit A. Resolution 2007-269 C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEXT-2007-AR- 11781: The subject property is approximately 6.83 acres located on the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. It was approved as a Commercial Planned Unit Development known as the Colonnades at Santa Barbara on May 25, 2004. The PUD is within the Commercial Infill Subdistrict on the Golden Gate Estates Future Land Use Map. In accordance with Land Development Code (LDC) policies, the PUD sun-setted on May 25, 2007. The petition seeks one two-year extension of the existing PUD. The PUD meets the criteria within Section 10.02.13D.6b of the LDC. Resolution 2007-270 D. Adopt a Resolution amending the Effluent Irrigation (Reuse) Customer Rates, which is Schedule Three of Appendix A to Section Four of Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2007-271 Moved to Item #8B Page 26 September 25, 2007 E. 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 FY08. This resolution adopts the rates that fund the FY08 budget for solid waste disposal. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 27 September 25, 2007