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Recap 10/23-24/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~o~~\ I 1,-:, . 17~ 1 ~ 'I. ~ ()l ,,\.... AGENDA October 23-24, 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 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, Page 1 October 23-24, 2007 AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM 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 P ARTICIP ATE 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 IMP AIRED 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 to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes - 5/0 B. September 20, 2007 - BCC/Budget Hearings Approved as Presented - 5/0 C. September 25, 2007 - BCC/Regular Meeting Approved as Presented - 5/0 D. October 1,2007 - V AB Special Magistrate - Good Cause Hearings Approved as Presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Jane McDonald, Veterans Services Presented Page 2 October 23-24, 2007 2) Keith Magero, Water Department Presented B. 30 Year Attendees 1) Bonnie Fauls, Housing and Human Services Presented 4. PROCLAMATIONS A. Proclamation designating October 26,2007 as The Day ofthe Red Walk in Collier County. To be accepted by Ms. Nina Ribinski, Safe and Drug Free Schools Coordinator, Collier County Schools. Adopted - 5/0 B. Proclamation designating October 23 - 31,2007 as Red Ribbon Week in Collier County. To be accepted by Undersheriff Kevin Rambosk, Collier County Sheriffs Office and Judge Lauren Brodie, 20th Judicial Circuit Court, Collier County. Adopted - 5/0 C. Proclamation for United Way of Collier County Agency to be accepted by Ernie Bretzmann, Executive Director of the United Way, Rose Branda and Craig Bamberg. Adopted - 5/0 5. PRESENTATIONS A. Sustainable Florida Promising Practice Award to be presented to the Board of County Commissioners by Steve Preston, Project Manager, Stormwater. Presented B. Presentation for the Design/Build ofImmokalee Road (1-75 to CR 951), converting a 4 lane road to 6 lanes. Presented C. Recommendation to recognize Fred Sexton, Field Engineering Inspector, Public Utilities Engineering Department, as Employee of the Month for October 2007. Presented Page 3 October 23-24, 2007 6. PUBLIC PETITIONS A. Public petition request by Kenneth Thompson to address lack of communication between Code Enforcement and the public. Discussed issues regarding violations in his neighborhood B. Public petition request by Jennifer Rogers to discuss the Marine Resource Conservation Partnership (MRCP). Discussed and recommended meeting with Advisory Board/Committees C. Public petition request by Steve Olivera to discuss purchase agreement of property located along the Vanderbilt Beach Road Extension Corridor. Would like the Board's help with expediting the purchase of his property; Board recommends this issue to be brought back as a regular agenda item at a future meeting - Consensus Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. This item continued from the October 9, 2007 meetine:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-200S-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code (LDC). The subject property, consisting of approximately IS.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. Resolution of Denial 2007-298: Motion to deny - Approved 3/2 (Commissioner Coletta and Commissioner Henning opposed) B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: HD-2007-AR- 11828, The Collier County Historical and Archaeological Preservation Board, requests a Historical Designation for the Dr. Nehrling Tropical Pagc 4 October 23-24, 2007 Garden located on Collier County property and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and "A" Rural Agricultural, consist of 13.35 acre and is located at 1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County, Florida Motion to return to the Board at a future meeting w/recommendations with a revised resolution - Approved 5/0 C. This item to be continued to the November 13, 2007 BCC Meetinl!: due to meetinl!: the advertisinl!: deadline. Recommendation that the Board of County Commissioners adopt an Ordinance repealing Ordinance No. 2004- 58 relating to Establishing A Property Maintenance Code For The Unincorporated Area Of Collier County, Florida; Providing A Title; Providing For Purpose And Scope; Providing For General Provisions; Providing Definitions; Providing For Rules Of Construction; Providing For Compliance With Housing Standards; Providing For Rental Registration Requirements And Procedures; Designating The Housing Official Powers And Duties; Providing For Inspection Of Structures And Premises; Providing For Notice Of Violation Procedures; Providing A Method For Designating Hazardous Buildings; Providing For Standards For The Repair Or Demolition Of Hazardous Buildings By The County; Providing For The Assessment Of Costs Of Repair Or Demolition To Be Assessed To The Owner When Abatement Executed By The County; Providing For The Vacation Of Hazardous Buildings; Providing The Responsibility For Property Maintenance; Providing The Responsibilities Of Owners Of Nonresidential Structures, Vacant Buildings, Vacant Structures, And Vacant Or Unimproved Lots; Requiring A Certificate For A Boarded Building; Providing For Nuisances; Providing Standards For Securing Building; Providing For Exceptions To Boarding Requirements; Providing For Costs Incurred By The County And Assessment Of A Lien; Providing For A Notice Of Hearing For Revocation Of Boarding Renewal Certificate; Providing For Penalties; Providing For Liberal Construction; Providing For Inclusion In The Code Of Laws And Ordinances; Providing For Conflict And Severability; And Effective Date. D. Approve an Ordinance amending the provisions of the Collier County Code of Laws and Ordinances, Chapter 98, Parks and Recreation, also known as Ordinance No. 76-48, as amended, pertaining to park use; providing for additional definitions in Article III, Section 98-57; and adding an exception to Section 98-58, Prohibited Acts. (Fiscal Impact: None) (Companion to Page 5 October 23-24, 2007 Item ION.) Ordinance 2007-66: Adopted - 4/1 (Commissioner Henning opposed) 9. BOARD OF COUNTY COMMISSIONERS October 24, 2007 A. Recommendation to award contract 07-4170 for County Attorney Recruitment Services to Waters Consulting Group, Inc. for $28,000. Approved - 4/0 (Commissioner Fiala absent); Motion to accept extraordinary circumstances to allow Commissioner Fiala to participate via phone - Approved 4/0 October 24, 2007 B. Appointment of members to the Rural Lands Stewardship Area Review Committee. Resolution 2007-305: Appointing the following to the Committee: Bradley Cornell; Zach Floyd Crews (w/waiver of term limit); Gary Eidson; David Farmer; Ron Hamel; Jim Howard; Thomas Jones; William McDaniel Jr.; Timothy Nance; Tammie Nemecek; Neno Spagna; Fred N. Thomas Jr. (w/waiver of term limit); and Dave Wolfley Resolution 2007-305A: County Attorney Office to prepare revised resolution (originating) to allow for a regional member. October 24, 2007 C. Appointment of member to the Collier County Citizens Corps. Resolution 2007-301: Appointing Lt. George Welch - Adopted 4/0 (Commissioner Fiala absent) October 24, 2007 D. Appointment of member to the Affordable Housing Commission. Resolution 2007-302: Appointing Christine Jones and Re-appointing Kenneth Kelly - Adopted 4/0 (Commissioner Fiala absent) October 24, 2007 E. Appointment of members to the Emergency Medical Services Advisory Council. Resolution 2007-303: Re-appointing Nancy L. Lascheid and appointing Victoria DiNardo - Adopted 4/0 (Commissioner Fiala absent) October 24, 2007 Page 6 October 23-24, 2007 F. Appointment of member to the Historical/Archaeological Preservation Board. Resolution 2007-304: Re-appointing Elizabeth M. Perdichizzi - Adopted 4/0 (Commissioner Fiala absent) 10. COUNTY MANAGER'S REPORT October 24, 2007 A. Recommendation to approve and adopt the Collier County Water-Sewer Districts Irrigation Quality (lQ) Water Policy and on the basis of that policy to authorize staff to develop an IQ Water Master Plan and perform an IQ Water Rate Study. (Beth Johnssen, Wastewater Irrigation Quality Manager.) Approved - 4/0 (Commissioner Fiala absent) B. Recommendation to approve for discussion at the upcoming joint Board of County Commissioners and Collier County Legislative Delegation Pre 2008 Legislative Session Workshop the attached list of proposed issues. (Debbie Wight, Assistant to the County Manager.) Approved w/changes - 5/0 October 24, 2007 C. A report to the Board of County Commissioners concerning a possible change in the County's Ordinance to reflect an amendment to Florida Statutes regarding the use of All Terrain Vehicles (ATVs) on certain unpaved roads in the County. (Bob Tipton, Traffic Operations Manager.) Bring forward as a future Agenda Item, and a future board meeting with recommendations - Approved 3/2 (Commissioner Coyle and Commissioner Halas opposed) October 24, 2007 D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of right-of-way and related easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase One project limits), and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto Boulevard.) Project No. 60040. Estimated fiscal impact: $18,411,297.00. (Norman Feder, Transportation Services Administrator. ) Page 7 Octobcr 23-24, 2007 Resolution 2007- 306: Adopted - 5/0 Motion to repeal Resolution 2007-292 - Approved 4/0 (Commissioner Fiala absent) October 24, 2007 E. Recommendation to approve Contract Amendment No.7, Exhibit E, for a Guaranteed Maximum Price (GMP) of$7,012,302 under Contract No. 04- 3576, Construction Manager at Risk Services for the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the interior finishing (Build-Out) of the Courthouse Annex, floors 4 through 7, Project Number 52533. (Hank Jones, Sr. Project Manager.) Resolution 2007-307: Approved 5/0 October 24, 2007 F. 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 extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $3,750,000.00. (Jay Ahmad, Director, Transportation ECM.) Resolution 2007-308:Approved 5/0 October 24, 2007 G. Recommendation to accept Fiscal Year 2007 Grant Report providing an annual update of grant activity. (Marlene Foord, Grants Coordinator.) To accept report - Approved 5/0 H. This item to be heard at 10:00 a.m. Recommendation to: (a) award the contract for RFP #07-4138 (Reclamation of Collier County Landfill Cells I and 2) to Waste Management Inc. of Florida (WMIF) for a contract amount of$7,597,900.82; Base proposal of$5,9l0,460.82 and allowances of $1,687,440; (b) approve a necessary budget amendment for the project in the amount of $6,232,067.06 from the Capital Improvement Fund and Reserves for Closure Fund; and (c) authorize the Chairman to execute the contract with WMIF. (Dan Rodriguez, Solid Waste Director.) Approved - 5/0 October 24, 2007 Page 8 October 23-24, 2007 I. Recommendation to award Contract 07-4183 - Gateway Triangle Stormwater Improvements Project Phase I Construction to D.N. Higgins, Inc. in the amount of$1 ,048,565.50. (Stormwater Management Department Project #51803) (Gene Calvert, Director, Stormwater Management.) Approved - 5/0 Continued Indefinitely J. Obtain direction from the Board of County Commissioners as to the viability of using TDC funds to engineer, permit and install additional erosion control structures on Hideaway Beach. (Companion Item to 10K) (Gary McAlpin, Coastal Zone Management Director.) Continued Indefinitely K. Authorize the expenditure of $25,000 to perform preliminary engineering and permit investigation to determine; the number and extent of additional erosion control structures on Hideaway Beach; specific permitting requirements; related schedule implications and; projects cost. (Companion item to 10J) L. A Resolution superseding Resolution 2003-195 and establishing the Collier County Board of County Commissioners' Purchasing Policy for the acquisition of lands by the Conservation Collier Land Acquisition Program. (Alex Sulecki, Senior Environmental Specialist.) Resolution 2007-300: Adopted - 4/0 (Commissioner Coyle absent) October 24, 2007 M. To Amend Collier County Community Development & Environmental Services Fee Schedule pertaining to Rental Registration pending approval of the Rental Registration Ordinance. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Resolution 2007-309: Approved w/stipulations 5/0 N. Recommendation to approve lease agreement with LeHill Partners LLC (d/b/a Naples Grande) to provide food, beverage, beach equipment rentals, and water recreational rentals at Clam Pass Beach Park and approve all necessary budget amendments. (Companion to Item 8D.) (Marla Ramsey, Public Services Administrator.) Resolution 2007-299: Adopted - 4/1 (Commissioner Henning opposed) Page 9 October 23-24, 2007 O. This item to be heard at 10:30 a.m. To initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from a platting omission for the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit Development (PUD) and to discuss the potential means to resolve the resulting encroachments into the setback requirement for preserve areas for 18 existing single family residential structures in Units Two and Three. (Susan Istenes, AICP, Director, Zoning & Land Development Review) Staff will contact the homeowner's w/set-backs of under the 25% discrepancy to apply for an "administrative variance" with a reduced group application fee: Approved - 3/2 (Commissioner Coyle and Commissioner Halas opposed); Second motion was made to include an independent investigation by outside council (contracted through the County Attorney's Office) of the review/approval process at CDES and any staff involvement; remaining homeowners in violation will be issued a "NOV" notice of violation and will need to apply for a proper variance - Approved - 5/0 P. Recommendation to approve the FY 08 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,481,000. Approved - 5/0 October 24, 2007 Q. Recommendation that Collier County Board of County Commissioners authorize the preparation of an ordinance amending Section Six of Ordinance No. 2004-62 by providing for a two-year extension of the term of the Immokalee Master Plan and Visioning Committee from December 31, 2007 to December 31, 2009. (Thomas Greenwood, Principal Planner, Comprehensive Planning.) Approved 3/0: (Commissioner Fiala and Commissioner Coyle absent); Committee to supply a timeline for a completion time of less than two years October 24, 2007 Moved from Item #16A9 R. Recommendation to authorize staff use ofa Developer's Version of the Fiscal Impact Analysis Model (FlAM) as a supplemental planning tool for internal use only to review proposed Developments of Regional Impact (DRIs), projects within the Rural Land Stewardship Area (RLSA), projects Page 10 October 23-24, 2007 within the Rural Land Mixed Use Overlay, and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. Approved 4/1 (Commissioner Coyle opposed) October 24, 2007 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mike Johnson for Stan Cummings and Tamiami Ford - Item to be brought back to the November 13,2007 Board Meeting October 24, 2007 12. COUNTY ATTORNEY'S REPORT A. Discussion and direction regarding Collier County Public Records Policy. Motion that public information requests for items on the agenda of an advisory board are to be free of charge through the county manger. The Advisory Board Members are to have the County Managers cell number and e-mail to assist in getting the information. Staff to bring back a resolution that addresses records access to a future BCC Meeting - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or after 3:00 p.m. Recommendation that the Community Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and Penny Phillippi. (Thomas Greenwood, Principal Planner, Comprehensive Planning.) Motion for Commissioner Coletta to share his office space in Immokalee with the New CRA Director - Approved 5/0; Motion to allow the Budget of $12,000 for the office in Immokalee to be outfitted - Approved 5/0; Motion to Approve employment of Penny Phillipi as the Immokalee CRA Director - Approved 5/0 October 24, 2007 Page 11 October 23-24, 2007 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Mudd - Bills going before the House and Senate are far apart, for property tax amendment B. Commissioner Henning - Sunshine Law regarding e-mails C. Commissioner Henning - Adopt a procedure regarding public records access D. Commissioner Halas - Pleased with staff E. Commissioner Coyle - Differences between information and projects F. Commissioner Coyle - Staff shouldn't be advocates for petitioners G. Commissioner Fiala - Impact fees for older buildings ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. Cost for recording is $10.00 per release, totaling $110.00 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Reflection Lakes, Phase IA. W/release of any Utilities Performance Security (UPS) 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Lely High School/Lely Resort 7 & 8. W/release of any Utilities Performance Security (UPS) 4) To accept final and unconditional conveyance of the water utility facility for Tollgate Business Park II. W/release of any Utilities Performance Security (UPS) Page 12 October 23-24, 2007 5) To accept final and unconditional conveyance of the water utility facility for Tollgate Business Park III. W/release of any Utilities Performance Security (UPS) 6) Recommendation to approve final acceptance of the water and sewer utility facilities for The Majors, Phase II. W/release of any Utilities Performance Security (UPS) 7) Recommendation to approve final acceptance of the water and sewer utility facility for The Majors, Phase III. W/release of any Utilities Performance Security (UPS) 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Mustang Island. W /release of any Utilities Performance Security (UPS) Moved to Item #10R 9) Recommendation to authorize staff use ofa Developer's Version of the Fiscal Impact Analysis Model (FlAM) as a supplemental planning tool for internal use only to review proposed Developments of Regional Impact (DRls), projects within the Rural Land Stewardship Area (RLSA), projects within the Rural Land Mixed Use Overlay, and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. 10) Recommendation to approve a Budget Amendment to transfer funds from Fund (13 I ) Reserves to Community Development Administrative Fund (131) totaling $ I 47,972 for the update and rewrite of portions of the Collier County Land Development Code. 11) Approve a budget amendment to provide funding for the County's CRS Program activities by utilizing available Fund III reserves. ($51,400) B. TRANSPORTATION SERVICES I) Recommendation for the Board of County Commissioners to approve a budget amendment to transfer project funds in the amount of $395,493.67 to the Golden Gate Parkway Grade Separated Overpass Page 13 October 23-24, 2007 Landscape Installation. (Fund 112, Project #600067) 2) Recommendation to approve submittal of a Total Maximum Daily Load (TMDL) Water Quality Restoration Grant proposal to the Florida Department of Environmental Protection for Freedom Park (f.k.a. Gordon River Water Quality Park) in the amount of $1,000,000.00 and approve that the project manager will electronically submit the grant application. 3) Recommendation to approve the Roadway Maintenance Agreement with Lodge/Abbott Associates LLC for the golf cart overpass on Vanderbilt Drive. As detailed in the Executive Summary 4) This item continued from the September 25, 2007 BCC Meetinl!:. Recommendation to approve a Developer's Contribution Agreement with MAC Builders, Inc. (Developer) and Collier County (County) to design, permit and construct the intersection improvements on US41 and Barefoot Williams Road. (Project # 600451 and #600231) For the landscaping and irrigation modification at the intersection 5) Recommendation to approve a declaration setting aside county-owned lands for a public access easement. (Fiscal Impact: $10.00) For project #60171, located at the intersection of Davis Blvd. and Santa Barbara Blvd. 6) Recommendation to award Bid No. 08-5001, Queens Park Neighborhood Fencing Installation to Commercial Fence Contractors, Inc. in the amount of $60,073 .52; Project #51101 I. Total length of the fence installation is 2,444 linear feet 7) Recommendation to award Bid #07-4185 "US 41 (Tamiami Trail) East (Rattlesnake-Hammock to Collier Blvd.) Annual Maintenance" to Vila & Son Landscaping in the amount of$339,542.80. Through cost centers #163851 and #163887 C. PUBLIC UTILITIES 1) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal Impact is Page 14 October 23-24, 2007 $18.50 to record the Satisfaction of Lien. For Folio #68343760007 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, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $108.50 to record the Satisfactions of Lien. Resolution 2007-293 (For account #'s: 631,686,712,806,3858, 29019,30148,30384 and 33213) 3) Recommendation to approve an Interlocal Agreement for reconstruction ofthe existing interconnect between the Collier County Water-Sewer District and Bonita Springs Utilities, Inc., to provide for reverse potable water flows at Bonita Springs Utilities expense, to provide for the design and construction of a second interconnect, at a location to be determined, at the expense of the Collier County Water- Sewer District, and to establish rates for usage of potable water. (Fiscal Impact: $300,000) D. PUBLIC SERVICES Continued to the November 13,2007 BCC meeting 1) 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 $116,079.00 to the City of Naples to fund improvements to the George Washington Carver and River Park communities and the Fun Time Early Childhood Academy. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rosa Mendez Olivero (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 122, Trail Ridge, Naples. Impact Fee deferral in the amount of $19,372.52 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elixer Page 15 October 23-24, 2007 Dossous and Veolene Dossous (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 203, Trail Ridge, Naples. Impact Fee deferral in the amount of $13,616.20 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marise Vilsaint (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.52 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sheila Destine (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 3, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.52 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Zoub1ette Bien Aime (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 27, Block 6, Naples Manor Lakes, Naples. Impact Fee deferral in the amount of $26,204.83 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amancio Rubio and Ana Rubio (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 28, Block 6, Naples Manor Lakes, Naples. Impact Fee deferral in the amount of $26,204.83 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raul Frias Almanza and Rosa Perez Frias (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 154, Independence Phase II, Immokalee. Impact Fee deferral in the amount of $8,155.40 Page 16 October 23-24, 2007 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ertha Fabien (Owner) for deferral of] 00% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 9, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.52 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elias Bustamante Vera and Maria Bustamante (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot], Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.52 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Evelyne Belance (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot] 20, Trail Ridge, Naples. Impact Fee deferral in the amount of $19,372.52 12) Recommendation to approve the submittal of an Aquatic Habitat Restoration Project Proposal grant application for water quality, seagrass monitoring and implement an educational program for Clam Bay in the amount of$55,000 to the Southeast Aquatic Resources Partnership. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Claude Exceus and Antida Exceus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 6, Liberty Landing, Immokalee. Impact Fee deferral in the amount of $12,442.52 14) Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve a budget amendment to reflect the transfer of funds from Title III-Cl to Title III-B in the amount of$35,000 in the 2007 Older Americans Act Page 17 October 23-24, 2007 grant program. To continue the Senior Nutrition Program 15) Recommendation to approve budget amendments totaling $6,746.08 to recognize additional revenue received in the Services for Seniors program from the Area Agency on Aging for the State of Florida General Revenue programs. To continue Community Care for the Elderly, Home Care for the Elderly and the Med Waiver Programs 16) Recommendation to approve a budget amendment in the amount of $21,510.94 to recognize revenue received from the collection of co- payments and anticipated revenue from the Collier County Services for Seniors Program. Funds received from programs that are assessed a monthly co- payment for services 17) Recommendation to approve the after-the-fact submittal of a 2005 Round Two Disaster Recovery Initiative (DRI) grant to the Department of Community Affairs (DCA) to fund disaster relief and the restoration of housing and infrastructure related to the effects of the 2005 hurricane season. 18) To 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. 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and James Obrochta (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75 of the West 180 of Tract 115, Unit 79, Golden Gate Estates. Impact Fee deferral in the amount of $19,273.98 20) Recommendation to award Contract(s) #07-4153 Professional Engineering for Coastal Zone Management Projects to the following firms: Coastal Engineering Consultants, Inc.; Johnson Engineering, Page 18 October 23-24, 2007 Inc.; Corzo Castella Carballo Thompson Salman, P.A. (C3TS); Q. Grady Minor and Associates, P.A.; Post Buckley, Schuh & Jernigan, Inc, (PBS&J). 21) Recommendation to reject all bids received under Bid 07-4162, Veterinary Medicines and Drugs and Expendable Supplies and Equipment for Domestic Animal Services Department. Due to lack of bids received 22) Recommendation that the Board of County Commissioners accept a donation of $1 ,500.00 for Marine Science Program development from the State of Florida Department of Environmental Protection- MFMP as part of sponsorship of the Marine Resource Conservation Partnership of Collier County into the Collier County University Extension Trust fund. Continued to the November 13,2007 BCC meeting 23) 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 $250,000 to Fun Time Early Childhood Academy, Inc., for site development in preparation for construction of a new Fun Time Early Childhood Academy within the George Washington Carver and River Park communities in the City of Naples. Continued to the November 13,2007 BCC meeting 24) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI) funding in the amount of $124,923.00 to the Collier County Housing Development Corporation for purchase and installation of two back-up generators for the sewer lift station and the water treatment plant in Copeland. Continued to the November 13,2007 BCC meeting 25) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $293,934.00 to St. Matthews House, Inc. for hurricane hardening of its shelter. Page 19 October 23-24, 2007 Continued to the November 13,2007 BCC meeting 26) 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 $1,000,000 to Habitat for Humanity of Collier County, Inc., for installation of infrastructure to support 204 home sites for Kaicasa Phase I in Immokalee. Continued to the November 13,2007 BCC meeting 27) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI) funding in the amount of $374,545.00 to The Empowerment Alliance of Southwest Florida, Inc., for infrastructure to support construction of 15 single-family homes in Immokalee, to be known as Hatcher's Preserve, intended for low income, first time homebuyers and families displaced by Hurricane Wilma. Continued to the November 13,2007 BCC meeting 28) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $415,000.00 to One by One Leadership Foundation for infill in order to support the construction of housing units. Continued to the November 13,2007 BCC meeting 29) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Home Investment Partnership Program (HOME) Subrecipient Agreement with Big Cypress Housing Corporation providing for a grant in the total amount of$250,000.00 for the construction and/or installation of fire sprinklers for a 55-unit, multi-family rental housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal farm workers in Immokalee. Continued to the November 13,2007 BCC meeting 30) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for a $442,000 State Housing Initiative Program (SHIP) loan to Eden Gardens Apartments, Limited Partnership, A Florida Limited Partnership to assist in funding the construction of a 55 unit, Page 20 October 23-24, 2007 multi-family rental housing complex for legal migrant and seasonal farm workers in Immokalee. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as Trustee under an unrecorded Trust Agreement and known as the Richard F. Berman Revocable Trust of 1998 dated July 27, 1998 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33,170. Located in Golden Gate Estates (Unit 65) and part of the Winchester Head Multi-parcel Project 2) Recommendation to approve an Agreement for Sale and Purchase with William C. Armes for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. Located in Golden Gate Estates (Unit 65) and part of the Winchester Head Multi-parcel Project 3) Recommendation to approve an Agreement for Sale and Purchase with Alfredo Medina for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. Located in Golden Gate Estates (Unit 65) and part of the Winchester Head Multi-parcel Project 4) Recommendation that the Board of County Commissioners award Bid 07-4188 Long Distance Services to TQC Communications at an estimated annual cost of $51,000. The only respondent to the posted bid 5) Recommendation to approve an Agreement for Sale and Purchase with Wanda E. Rickard as Trustee of the Wanda E. Rickard Trust dated 4/12/90 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. Located in Golden Gate Estates (Unit 65) and part of the Winchester Head Multi-parcel Project 6) Recommendation to approve an Agreement for Sale and Purchase with Peggy S. Cisko, and John Cisko, who is the Personal Representative of the Estate of Frederick Anthony Cisko, deceased, Page 21 October 23-24, 2007 for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $38,170. Located in Golden Gate Estates (Unit 65) and part of the Winchester Head Multi-parcel Project 7) Recommendation to award Bid #07-4194 for the purchase of Paint & Related Items to Sunshine Ace Hardware, Inc. and Scott Paint Company. (W/approximate annual cost of $65,000) 8) Recommendation to award Bid #07-4140 File Retrieval/Retention Service, to Robert Flinn Records Center. Annual average cost is $67,000 9) Recommendation to adopt the budget amendment appropriating $581,660,415. I 8 carry forward and expenditure budgets for open purchase orders for non-project funds and for unexpended budget for project funds at the end of Fiscal Year 2007. As detailed in the Executive Summary 10) Recommendation to approve a budget amendment in the amount of $250,000, to transfer funds from the Design Study for Inland Data Center Capital Project No. 500521 to the Data Center Expansion Capital Project No. 500511. The current data center is at capacity for weight, power, cooling and space 11) Recommendation that the Board of County Commissioners approves an inter-local agreement with the City of Naples for mutual sales and purchases of motor fuels between the City and County, and authorizes the Chairman to execute the same. 12) Recommendation to authorize and consent to the re-assignment of Contract No. 06-3983, "Third Party Administrator for Group Insurance Benefits". From CBSA, Inc. to Meritain Health, Inc. F. COUNTY MANAGER Page 22 October 23-24, 2007 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget. BAR Resolution 2007-03 2) Recommendation to adopt a resolution approving a Disaster Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of a disaster such as a hurricane. Resolution 2007-294 3) Approve budget amendments. For contractual services - GovMax Software (BA #08-016) 4) Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or the Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg ., Naples, FL. 5) Recommendation to approve a budget amendment and payment of an invoice from Criminal Justice Information Services (CJIS) in the amount of$342,093, which is the Collier County portion of the cost sharing project for the Twentieth Judicial Circuit for FY06/07. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to Adopt a Resolution amending CRA Resolution 2001-98 as it relates to the Bylaws of the Bayshore/Gateway Triangle Redevelopment Advisory Board. CRA Resolution 2007-295 2) Recommendation for the Community Redevelopment Agency (CRA) to approve demolition ofCRA-owned residential property (mobile homes); approve a Request for Proposals (RFP) scope of work to Page 23 October 23-24, 2007 build single-family homes on CRA owned land; approve the Executive Director to advertise the RFP through the Purchasing Department and return with recommendations. 3) Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching fund requirement for recipients and declare the grant program as serving a valid public purpose. CRA Resolution 2007-296 4) Recommendation to Ratify Collier County Airport Authority Resolution No. 07-33, Adopted on October 8, 2007, Approving an 8.0 percent ($8,363.79) Merit increase for Fiscal Year 2007-2008 for the Authority's Executive Director, Theresa M. Cook. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Southwest Florida Federated Republican Women's Luncheon on October 8, 2007 at Arbor Trace. $15.00 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Everglades Coalition Annual Conference on January 10-13,2008 at South Seas Island Resort. $598.77 to be paid for accommodations from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Immokalee Chamber of Commerce Banquet - Chamber Silent Auction & Steak Dinner on October 27,2007 at the PACE Center for Girls. $100.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending luncheon honoring former Sheriff Aubrey Rogers on Pagc 24 October 23-24, 2007 October 26, 2007 at the Naples Elks Lodge. $20.00 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Blue Chip Recognition Breakfast on November 8, 2007 at the Hilton Naples and Towers. $10.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $119,500 for the acquisition of Parcel 134 in the lawsuit styled Collier County v. First National Bank of Naples, Inc., et aI., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact: $73,033 (Companion to Item l7A, Wendy's Variance Petition V A- 2007-AR-11577) 2) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel181RDUE in the lawsuit styled Collier County v. Armando Yzaguirre, etal., Case No. 07-2746-CA (Oil Well Road Project No. 60044). (Fiscal Impact $234,635) 3) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Tri-Party Developer Contribution Agreement which will implement Resolution 05-235 (Development Order 05-01) by providing for the Developer's (Ave Maria Development, LLLP) dedication of 46 acres within Ave Maria for Collier County public school sites in exchange for credits against educational impact fees. Page 25 October 23-24, 2007 4) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 177RDUE in the lawsuit styled Collier County v. Jorge A. Romero, etal., Case No. 07-2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact $240,630.65) 5) Recommendation to authorize an Offer of Judgment for Parcels 838A and 838B by Collier County to property owner, Nancy L. Johnson Perry, and reject the Offer of Judgment/Proposal for Settlement by Nancy L. Johnson Perry to the County in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et aI., Case No. 03-2373-CA (Golden Gate Parkway Project No. 60027) (Fiscal Impact: If accepted, $2,000) 6) Approve and have Chairman sign a Consent to Assignment Agreement for solid waste, recyclable materials, and yard trash collection services in Solid Waste District II with Choice Environmental Services of Collier, Inc. 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 re uires that all artici ants be sworn in and ex arte disclosure be provided bv Commission members. V A-2007-AR-11577 (WB) B F Ft. Myers, Inc., represented by Robert J. Mulhere, AICP, RWA, Inc. and working in conjunction with the Collier County Attorney's office, requests a variance for an outparcel (presently improved with a Wendy's Restaurant), in order to reduce severance damages resulting from the "taking" of a +/_ 15.0 foot road easement for the expansion of Immokalee Road. The variance will allow for parking within 11 feet of the property line Page 26 Octobcr 23-24, 2007 along Immokalee Road frontage. The site does comply with the PUD requirement for a 15 foot bui lding setback for this front yard. In addition, a variance of9 feet is requested from the required 20 foot wide landscape buffer width per LDC section 4.06.02CA, to allow for an 11 foot wide landscape buffer. The subject property is located at 10941 Airport Road North, which is at the northwest corner of Immokalee Road and Airport Road, within the Green Tree PUD (Ordinance 81-58), Green Tree Center Tract "C", Section 26, Township 48 South, Range 25 East, Collier County, Florida. (Companion to Item 16Kl) Resolution 2007-297 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2005-AR-7883, Habitat for Humanity of Collier County, Inc., represented by Dwight Nadeau, ofRW A, Inc., is requesting a rezone to the Habitat-Woodcrest RPUD on 11.2 acres of land from the Agricultural (A) Zoning District, to allow for a maximum 66 residential units. The subject property is located on the west side of W oodcrest Drive, south of Immokalee, just north of Acremaker Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2007-63 C. Recommendation that the Board of County Commissioners authorize the Human Resources Department to amend the Collier County Fingerprinting Ordinance No. 04-52 to require fingerprinting for all Collier County employees and certain County contract employees as defined by 125.580 I, Florida Statutes. Ordinance 2007-64 D. An ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program, by revising section six: Creation ofthe conservation Collier Acquisition Fund; Section eight: Land Acquisition Advisory Committee; Section ten: Criteria for evaluating Lands for Acquisition and Management; Section eleven: Acquisition List: Section twelve: Nomination of acquisition Proposals and Candidate Sites; Section thirteen: Procedures for Selection of Acquisition Proposals for Placement of the Active Acquisition List and Subsequent Purchase Procedures; Section fourteen: Management Plans and Use of Environmentally Sensitive Lands; Section fifteen: Responsibilities of the County Manager; Providing for Conflict and Severability; Providing for inclusion in Code of laws and Page 27 October 23-24, 2007 Ordinances; and Providing for an effective date. Ordinance 2007-65 E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2006-07 Adopted Budget. BAR Resolution 2007-04 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 28 October 23-24, 2007