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Recap 12/16/2008 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) \..CI~"'\ I II....... , 1(/, . r ( '''''''~' .,.. ),.......v AGENDA December 16, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 December 16, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE 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 A. Pastor J. R. Pagan, lnternational Worship Center 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. November 5, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Mazur Approved as presented - 5/0 C. November 7,2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Pelletier Approved as presented - 5/0 D. November 13,2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson Approved as presented - 5/0 Page 2 December 16, 2008 E. November 14,2008 - BCC/Pre-Legislative Session Workshop Approved as presented - 5/0 F. November 17,2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier Approved as presented - 5/0 G. November 18, 2008 - BCC/Regular Meeting Approved as presented - 5/0 H. November 21,2008 - Value Adjustment Board Special Meeting with Special Magistrate Mazur Approved as presented - 5/0 I. November 21,2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson Approved as presented - 5/0 J. November 24, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier Approved as presented - 5/0 K. November 25, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier Approved as presented - 5/0 L. November 26,2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS Added A. Proclamation to recognize I Hope, Inc. for its contributions to Collier County and the residents of lrnmokalee and for their continuing efforts in rebuilding homes and lives in lmmokalee. Adopted - 5/0 Page 3 December 16, 2008 Added; Time Certain 3:00 p.m. B. Motion to create a Proclamation and video for staff member, Tracy Edmonson, serving in Iraq Adopted - 5/0 5. PRESENTATIONS A. Presentation to the Board of County Commissioners of a check to purchase a new vehicle for the Veterans Transportation Program. The check will be presented by Jim Elson, President, Collier County Veterans Council; and Ernie Bretzmann, Executive Director, United Way of Collier County. Presented; President of the United Way Reg Buxton also presenting B. Santa Barbara Boulevard - Six-Laning from Davis Boulevard (SR-84) to Copper Leaf Lane and Radio Road Four-Laning from Santa Barbara Boulevard to Davis Boulevard, Contract 06-0442. (Project #62081) Update by Norm Feder; contractor was at the job site and unavailable 6. PUBLIC PETITIONS Withdrawn A. Public petition request by Larry Basik to discuss small scale GMP amendment on US 41 East and Trinity Place. B. Public petition request by Cynthia Dennis to discuss waiver of loan in the arnount of $19,173.98 in order to prevent foreclosure. County Attorney's Office to work with petitioner on this item C. Public petition request by John Martinowich to discuss billing, surcharges and fees for utility billing account. Motion for Utility Department to follow policy and to work with petitioner in terms of a payment plan - Consensus D. Public petition request by Reverend David Mallory to discuss deferral of impact fees. Petitioner to work with County Manager and staff to recalculate impact fees - Approved 5/0 Page 4 December 16, 2008 E. Public petition request by Kathleen Reynolds to discuss funding for the Early Learning Program (Child Care Subsidy Program). Discussed F. Public petition request by Tim Hancock to discuss rezone request by North Naples United Methodist Church. To take through the rezoning process and comp planning Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Continued from the October 28, 2008 BCC Meeting (per Change Sheet) A. This item continued from the November 18, 2008 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members: CU-2008-AR-1320l: VI Ltd, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Land Development Code Section 2.01.03.G.I.e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (CTS) Resolution 2008-375 Adopted w/return to the BCC regarding options on elevation and FEMA - 5/0 Continued from the December 2, 2008 BCC Meeting (per Change Sheet) B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members: V A-2006-AR-l1 064: VI Ltd, Limited Partnership, represented by Richard Y ovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. requesting three variances from the requirements of the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) to allow for a proposed trellis' structure. The requested variances are as follows: 1) A variance of 25 feet 4 inches from the required Building Separation Distance calculated as half the sum of the two buildings (50 feet 4 inches) between the trellis and the principal residential structure to allow a Page 5 December 16, 2008 25-foot separation; 2) A variance of 20 feet from the minimum required 30- foot front yard setback for the trellis to the north property line to allow a 10- foot setback; and 3) A variance of 2.5 feet 4 inches from the required Building Separation Distance calculated as half the sum of the two buildings (12.5 feet 4 inches) between the trellis and the proposed public restroom building along the northern property line (Bluebill Avenue) to allow a 10- foot separation. The subject property, consisting of 4.96 acres, is located at 11125 Gulf Shore Drive, on the Southwest corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion to CU-2006-AR-lI046) (CTS) Resolution 2008-376 Adopted w/change to verbage in resolution - 5/0 Continued from the December 2, 2008 BCC Meeting and further continued indefinitely (per Change Sheet) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: CU-2006-AR-II046: VI Ltd. Limited Partnership, represented by Richard Y ovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a Conditional Use for the Moraya Bay Beach Club to allow a private club in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) of the Collier County Land Development Code (LDC), as specified in Sections 2.03.02.E for the RT Zoning District and 2.03.07.L. for the VBRTO. The proposed private club will be located within the residential building. The subject property, consisting of 4.96 acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion to V A-2006-AR-ll 064)(CTS) 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider adoption of an ordinance to amend Collier County's Noise Ordinance (Ordinance No. 90-17, as amended). Ordinance 2008-68 Adopted - 5/0 Moved from Item #17C B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2008-AR- 13494, Kite Kings Lake, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., is requesting a PUD Amendment to modify the permitted commercial uses within the Kings Lake PUD. Page 6 December 16, 2008 (Ordinance No. 82-52) The subject property is located at 4890 Davis Boulevard, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. CTS Ordinance 2008-67 Adopted as amended - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Ochopee Fire Control District Advisory Committee. Resolution 2008-377: Re-appointing Darcy Anne Kidder and Mitchell Roberts (w/waiver of term limits) - Adopted 5/0 B. Appointment of member to the Habitat Conservation Plan Ad Hoc Committee. Resolution 2008-378: Appointing Tad Bartareau - Adopted 5/0 C. Appointment of member to the Black Affairs Advisory Board. Resolution 2008-379: Appointing Summer Wheeless - Adopted 5/0 D. Appointment of members to the Historical/Archaeological Preservation Board. Resolution 2008-380: Appointing Richard Taylor and Pam Brown - Adopted 5/0 E. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2008-381: Appointing Doug Finlay, representing the City of Naples - Adopted 5/0 F. Appointment of member to the Pelican Bay Services Division Board. Resolution 2008-382: Re-appointing Maurice James Burke- Adopted 5/0 G. Appointment of members to the Golden Gate Community Center Advisory Board. Resolution 2008-383: Re-appointing William E. Arthur (w/waiver of term limits) and Ellen R. Barkin (Shaw) - Adopted 5/0 H. Appointment of members to the Golden Gate Estates Land Trust Committee. Resolution 2008-384: Appointing David H. Farmer (w/waiver of multi- board appointments) and Pat Humphries - Adopted 5/0 (Correction on Page 7 December 16, 2008 expiration of term to October 13, 2011) I. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Resolution 2008-385: Appointing Kevin F. Walsh - Adopted 5/0 J. Recommendation that the Board of County Commissioners formalize its intent and direction regarding the establishment of new and/or reconstituted advisory committees to work with the Office of the Medical Director. Discussion to continue after the lunch recess; Motion to have a 5 member committee consisting of an ER physician, ER Nurse, Pharmacist, EMS rep and Fire rep and sun setting the EMSAC Committee - Approved 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to approve an Agreement for Sale and Purchase with The Islands Marina, LLC and Port of the Islands Properties, LLC for the purchase of certain portions of the Port of the Islands Marina property for a purchase price of$5,488,000 which includes $4,750,000 cash at closing and a $738,000 Seller charitable donation, together with a second charitable donation of fumiture, fixtures and equipment valued at $105,000, with additional costs not to exceed $95,800. (Marla Ramsey, Public Services Administrator) Approved - 5/0 B. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. (John Yonkosky, Office of Management and Budget Director) Resolution 2008-386 Adopted - 5/0 C. Recommendation to adopt a resolution superseding Resolution 2006-142 and authorizing the acquisition by gift or purchase of land and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of Wilson Boulevard. (Project No. 60168.) Estimated fiscal impact: $32,910,600. (Norman Feder, Transportation Services Administrator) Page 8 December 16, 2008 Resolution 2008-387 Adopted w/changes - 5/0 D. Recommendation for the Collier County Board of County Commissioners to approve a fare increase and limited reduction in Sunday service to address the reduced Collier Area Transit Fiscal Year (FY) 2008-09 budget. (Norman Feder, Transportation Services Administrator) Motion to accept option "E" - Approved 4/1 (Commissioner Coletta opposed) E. Recommendation to approve award of Bid #09-5142 to Mitchell and Stark Construction Company, Inc., for the Lely Area Stormwater Improvements Project (LASIP) Phase 18, Project No. 51101 in the amount of $3,530,719.90 plus a ten (10%) contingency, totaling $3,883,791.89. (Norman Feder, Transportation Services Administrator) Approved - 5/0 F. Recommendation to approve an amendment to the Treviso Bay Water Management Agreement allowing for coordination between Treviso Bay Development, LLC and Collier County to complete construction of the Lely Area Stormwater Improvement Project located within and adjacent to the Treviso Bay Development, Project No. 5110 I. (Norman Feder, Transportation Services Administrator) Approved - 5/0 G. Recommendation that the Board of County Commissioners approve the 2008 Incentive Review and Recommendation Report required by Florida Statute 420.9076(4) and direct staff to bring back an amended Impact Fee Deferral ordinance as outlined in the report. (Marla Ramsey, Public Services Administrator) Motion to approve report and incentives (Proximity with reservation of infrastructure and strengthen banking consortium) for staff direction - Approved 5/0 H. Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2009. (Jeff Walker, Risk Management Director) ($1,310,124) Approved - 5/0 I. Recommendation to Award Bid #09-5157, Seating for the Collier County Emergency Services Center to Marco Office Supply in the amount of Page 9 December 16, 2008 $123,411.39. (Steve Camell, Purchasing Director) Approved - 5/0 J. Recommendation to Award Bid #09-5158, Systems Furniture for the Collier County Emergency Services Center to Corporate Express in the amount of $106,153.37. (Steve Carnell, Purchasing Director) Approved - 5/0 K. Recommendation to Award Bid #09-5159, Casegoods for the Collier County Emergency Services Center to The Beaux-Arts Group in the amount of $239,702.77. (Steve Carnell, Purchasing Director) Approved - 4/1 (Commissioner Henning opposed) L. Recommendation to: Develop a Landfill Gas-to-Energy Facility that will beneficially use landfill gas from the Collier County Landfill to generate electricity and, in turn, generate new revenue for the County's Solid Waste Fund by (a) entering into a Landfill Gas Sales Agreement and Ground Lease authorizing Waste Management Inc. of Florida to design, permit, construct operate and maintain a Landfill Gas-to-Energy Facility at the Collier County Landfill; (b) amending the County's Landfill Operation Agreement with Waste Management, Inc. of Florida; (c) approving the Facility through the Site Development Plan process; (d) directing the Division Administrator from Community Development and Environmental Services to expedite the permit and review process, and (e) authorizing the Chairman of the Board to execute the Agreement and the Amendment to the Landfill Operating Agreement. (Dan Rodriguez, Solid Waste Director) Approved - 4/0 (Commissioner Coletta absent) M. Recommendation for the Board of County Commissioners to approve the award of Bid #08-5136 to the lowest qualified and responsive bidder Quality Enterprises USA, Inc., for the construction contract of the 951 Boat Ramp Parking Lot Expansion Project No. 80071. ($1,393,279.65) (Marla Ramsey, Public Services Administrator) Approved - 4/0 (Commissioner Henning absent) Withdrawn N. Recommend approval by the Board of County Commissioners to award Bid #09-5148 to Subaqueous Services, LLC in the total amount of$1 ,755,096 for 2008 Dredging of Doctors and Wiggins Passes. (Marla Ramsey, Public Services Administrator) Page 10 December 16, 2008 Moved from Item #16A16; Time Certain 5:00 p.m. O. Recommendation that Board of County Commissioners approves Option #3 and takes no action on Public Petitioner's request to change allowable uses in the Randall Boulevard Commercial Sub-district within the Golden Gate Area Master Plan and the Mir Mar PUD. Motion to reissue the April 18, 2008 zoning verification letter and property owners to be notified by RW A regarding an appeal hearing - Approved 3/2 (Commissioner Coyle and Commissioner Halas opposed) Moved from Item #16D37 P. Recommend that the Board of County Commissioners approve and authorize the Chairman to sign Change Order #1 to Work Order C3TS-FT-4153-08-02 for design consultant C3TS for the Manatee Park design in the amount of $50,000.00 on a time & material, not-to-exceed basis to provide the Site Development Plan and the required SFWMD permits. The net contractual value of services will total $243,950.00. Motion to bring back with clarification - Approved 4/0 (Commissioner Henning absent) Moved from Item #16A3 Q. Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Arrowhead Reserve at Lake Trafford Phase One with the roadway being maintained by the County and the drainage improvements being privately maintained. Resolution 2008-388 Adopted - 4/1 (Commissioner Henning opposed) Moved from Item #16B11 and direction to remain on Consent R. Recommendation to approve the purchase of improved property Parcel No. 132FEE (Jerry L. Mitchell and Barbara Mitchell) required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168. Moved from Item #16F8 and direction to remain on Consent S. Recommendation to approve contract for RFP #08-5081 with Public Financial Management, Inc., for Financial Advisory Services. 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 11 December 16, 2008 A. Burt Saunders: regarding development of a CVS pharmacy in Orangetree - Motion to direct staff to issue STP w/stipulations- Approved 4/0 (Commissioner Henning absent) B. Dean Sarns: Discussed Non-conforming lots in Golden Gate Estates C. Doug Fee: Discussed establishing a Wiggins Pass NERP A - Advised to discuss at district meeting then take to the EAC 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Time Certain 4:30 p.m. A. For the Collier County Community Redevelopment Agency Board to give direction to the Bayshore Gateway Triangle CRA Executive Director concerning three proposed purchase contracts for multiple real estate parcels within the Bayshore Drive and Gateway Triangle portions of the CRA area. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) BCC meeting closed, CRA meeting opened by CRA Chairman; Motion to bring back contracts for review - Approved 4/0 (Commissioner Henning absent); CRA meeting closed; BCC meeting reopened by BCC Chairman 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: Ad valorem taxes to be cut by estimated 14.%, letter to County departments making 15% cuts; finding long and short term ORV sites; Prepare priority list to federal government in regards to the stimulus initiative B. Commissioner Coyle: Budgeting policy C. Commissioner Coletta: Update from Clerk on investments and to report in January 2009 ------------------------------------------------------------------------------------------------------------ 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. Page 12 December 16,2008 ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/Changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.010, AR 11983, to Barron Collier Partnership, L.L.L.P. for the project called South Grove Lake. The project consists of 158.68 acres, more or less, sitting in Sections 17 and 18 of Township 48, South, Range 29 East, Collier County, Florida, more particularly sitting on the north side of Oil Well Rd. about two miles east of Oil Well Grade and west ofthe entrance road to Ave Maria. For a proposed 42 acre lake excavation (earth mine) and an 89 acre lake excavation (stormwater management) with a 35 ft. maximum depth used primarily to provide fill for the Oil Well Road Widening Project 2) Recommendation that the Board of County Commissioners (Board) adopt a resolution to adjust the regulatory assessment fee from two percent to three percent of gross revenues for non-exempt privately owned water and wastewater utilities subject to local regulation, as well as all other water and wastewater utilities bound by an interlocal agreement, effective March I, 2009, as approved by the Board of County Commissioners in the fiscal year 2009 budget and as approved by the Collier County Water and Wastewater Authority. Resolution 2008-354 Moved to Item #10Q 3) Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Arrowhead Reserve at Lake Trafford Phase One with the roadway being maintained by the County and the drainage improvements being privately maintained. 4) To accept final and unconditional conveyance of the water utility facility for Tall Oaks, Phase 3. W /release of any Utilities Performance Security 5) Recommendation to approve final acceptance of the water utility facility for Veterans Memorial Boulevard, Section 7 - Phase 2. Page 13 December 16, 2008 W /release of any Utilities Performance Security 6) Recommendation to approve final acceptance of the water utility facility for Veterans Memorial Boulevard, Section 7 and 12. W /release of any Utilities Performance Security 7) Recommendation to approve final acceptance of the water utility facility for Edison College. W /release of any Utilities Performance Security 8) To accept final and unconditional conveyance of the water utility facility for North Collier Hospital Expansion. W/release of any Utilities Performance Security 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terranova at Pelican Marsh Unit One with the roadway and drainage improvements being privately maintained. Resolution 2008-355: W/release of maintenance security 10) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terrabella at Pelican Marsh Unit One with the roadway and drainage improvements being privately maintained. Resolution 2008-356: W /release of maintenance security 11) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terrabella at Pelican Marsh Unit Two with the roadway and drainage improvements being privately maintained. Resolution 2008-357: W /release of maintenance security 12) Recommendation that the Board of County Commissioners approve an impact fee reimbursement requested by Cheffy Passidomo Wilson & Johnson, LLP on behalf of the Weakley Family Properties, LLC, totaling $249, I 07.61, due to the cancellation offour building permits. For permits #503780, #503781, #503782 and #503783 for the Village at Trails End mixed-use project cancelled in July, 2007 Page 14 December 16, 2008 13) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item all participants are required to be sworn in. Recommendation to acknowledge those Lots along Ravenna Avenue, as shown on the attached Exhibits, as legal, non-conforming Lots of Record. Resolution 2008-358 14) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Trail Ridge with the roadway and drainage improvements being privately maintained. Resolution 2008-359: W/release of maintenance security 15) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Amerimed Center, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to final approval letter Moved to Item #100 16) Recommendation that Board of County Commissioners approves Option #3 and takes no action on Public Petitioner's request to change allowable uses in the Randall Boulevard Commercial Sub-district within the Golden Gate Area Master Plan and the Mir Mar PUD. B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing an additional $404,634.00 in State Public Transit Block Grant funding for Fiscal Year 2008/2009. Grant FM#410139-1-84-01 funding applied towards operating costs for Collier Area Transit 2) Recommendation to approve the purchase of four (4) paratransit vehicles utilizing the FY08-09 Federal Transit Administration Section No. 5310 Grant award. ($31,080) Page 15 December 16, 2008 Replacing high mileage (200,000 plus miles) vehicles with 90% of the costs being covered by FDOT 3) Recommendation to approve a Resolution to reduce the speed limit on Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road from the current speed limit of forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH). Resolution 2008-360 4) Recommendation to approve a Resolution to reduce the speed limit on Coconut Unit 3 residential roadway network (Burton Road, Esther Street, Bonnie Street, Lorraine Avenue, Kathy Avenue and Gale Boulevard) from the current speed limit of thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH). Resolution 2008-361 5) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5310 grant application, and to accept the grant if awarded. Resolution 2008-362 6) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents. Resolution 2008-363 7) Recommendation to approve and execute Medicaid Contract Amendment Number 8 between Collier County and the Florida Commission for the Transportation Disadvantaged for a funding increase in the amount of$41,920.00 for the provision of transportation for qualified Medicaid recipients. Resolution 2008-364 8) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for the Congestion Management, TIS Review, PUD Monitoring/Traffic Counts PIL, and PUD Monitoring/Fair Share Projects within the Transportation Supported Gas Tax Fund (313) in the amount of $630,271.32. Page 16 December 16, 2008 For funds exceeding the FY08 Revenue Budget 9) Recommendation to approve the purchase of one (1) para-transit vehicle utilizing the FY08-09 Shirley Conroy Rural Area Capital Assistance Support Grant award. ($59,400) Replacing a high mileage (165,000 miles) vehicle; purchased through the FDOT Vehicle Procurement Program 10) Recommendation that the Board of County Commissioners (BCC) approve the Northeast Collier County Trail Feasibility Study Final Report. Due to the size of the Final Report, Volumes 1 and 2, copies are available at the County Managers office. As detailed in the Executive Summary Moved to Item #10R and direction to remain on the Consent Agenda 11) Recommendation to approve the purchase of improved property Parcel No. 132FEE (Jerry L. Mitchell and Barbara Mitchell) required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168. (Fiscal Impact: $729,104) For 6.2 acres located at 755 27th Avenue NW, between Collier and Wilson Boulevards 12) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize carry forward in the amount of $3,583.99 and to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of$23,550.08 for Project No. 690811 and direct staff to proceed with the design and construction phase of the proposed projects. For projects at the Conservancy, Panther Park, Handy Food Stores and Regal Acres including construction of sidewalks, bike- paths and bike-lanes 13) Recommendation to award Contract #08-5107 to Dyer, Riddle, Mills and Precourt, Inc., to prepare the Collier Metropolitan Planning Organizations 2035 Long-Range Transportation Plan Update with an estimated project cost of $505,159.00. (Fund 128, Cost Center No. 138334) As detailed in the Executive Summary Page 17 December 16, 2008 C. PUBLIC UTILITIES 1) Withdrawn 2) Recommendation to approve a budget amendment to appropriate funds in the amount of$61,760.60 to reimburse the Collier County School Board for re-routing the Lely High School Force Main associated with SCWRF Reliability Improvements Project No. 72508. Estimated for construction costs that were advanced as the result of a 2005 interlocal agreement between the County and the School Board Recommendation to Award Bid #08-5123 for purchase of hauling and disposal of lime sludge services to Pro-Lime Corporation in the estimated amount of $150,000 annually. 3) Recommendation to Award Bid #09-5145 for purchase of cartridge filters for the North and South County Regional Water Treatment Plant to George S. Edwards, Company Incorporated in the estimated amount of $500,000. Critical in removing sand and debris in the water treatment process D. PUBLIC SERVICES 1) Recommend approval by the Board of County Commissioners of Use Agreement No. U-0344 between Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Collier County. The agreement is valid for 5-years and needed to access Delnor- Wiggins State Park scheduled for dredging in January, 2009 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rolly St. Jour (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 155, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Natalie Conde (Owner) for deferral of 100% of Collier County impact fees for Page 18 December 16, 2008 an owner-occupied affordable housing unit located at Lot 174, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Serge Mathurin and Michelene Mathurin (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 95, Liberty Landing, Immokalee. Impact fee deferral in the amount of $12,442.46 5) Recommendation that the Board of County Commissioners approve the amount of$75,000 for FY09, FYI0 and FYll to Contract #08- 5082, Sea Oat Planting for Collier County Coastal Zone Management. (Project No. 195-900441) Performed on a yearly basis for beach dune protection and restoration 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Kenold Pierre and Marie Gertrude (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 40, Liberty Landing, Immokalee. Impact fee deferral in the amount of $12,442.46 7) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Consent of Mortgagee thereby allowing Eden Gardens Apartments Limited Partnership (EGALP) to execute a grant of easement to Lee County Electric Cooperative (LCEC) for the Reserve at Eden Gardens. Part of a $442,000 SHIP loan to providing electrical installation for fifty five (55) affordable, multi-family rental units for farm workers in the Immokalee area 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Medelsonne Garraux and Rose G. Garraux Gerome (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 176, Trail Ridge, East Naples. Page 19 December 16,2008 Impact fee deferral in the amount of $19,372.46 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mayra Cardenas (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 48, Liberty Landing, lmmokalee. Impact fee deferral in the amount of $14,987.08 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Christy Marie Fegueroa (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 49, Liberty Landing, Immokalee. Impact fee deferral in the amount of $14,987.08 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rebecca Antoine (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 29, Liberty Landing, lmmokalee. Impact fee deferral in the amount of $12,442.46 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Manus Louis and Juslene Louis (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 170, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Styve Desgrottes and Najah M. Desgrottes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 135, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Suzella Joseph (Owner) for deferral of 100% of Collier County impact fees Page 20 December 16, 2008 for an owner-occupied affordable housing unit located at Lot 172, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Philomise Francois (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 45, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ketty Montoban (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 175, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 17) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mario Diaz Lujan and Jael Avalos Perez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 171, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 18) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Baptiste Sergot Souverain and Marie Edith Souverain (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Liberty Landing, Immokalee. Impact fee deferral in the amount of $12,442.46 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pabiliee Anofils (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 119, Liberty Landing, Immokalee. Impact fee deferral in the amount of $14,987.08 Page 21 December 16, 2008 20) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Frantz Desgrottes and Rolande Desgrottes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 138, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 21) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ignacio Zaragoza and Maria Zaragoza Benitez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 52, Liberty Landing, Immokalee. Impact fee deferral in the amount of $14,987.08 22) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Martha Luz Carrillo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 108, Liberty Landing, lmmokalee. Impact fee deferral in the amount of $12,442.46 23) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Santos Avellaneda and Marisol Mendoza (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 51, Liberty Landing, Immokalee. Impact fee deferral in the amount of $14,987.08 24) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie G. Jorcelin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 50, Liberty Landing, Immokalee. Impact fee deferral in the amount of $14,987.08 25) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Francisco Vera and Maria Juana Vera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Milagro Place, Immokalee. Page 22 December 16, 2008 26) 27) 28) Withdrawn 30) Impact fee deferral in the amount of $19,311.96 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Therese St. Cyr (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Milagro Place, Immokalee. Impact fee deferral in the amount of $19,311.96 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amalia Lubrefand Mentorlis Lubref(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7, Milagro Place, Immokalee. Impact fee deferral in the amount of $19,290.73 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lucienne Larose (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 18, Milagro Place, Immokalee. Impact fee deferral in the amount of $19,290.73 29) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the annual Certification for Implementation of Regulatory Reform Activities by the State Housing Initiatives Partnership (SHIP) Program. As detailed in the Executive Summary Recommendation that the Board of County Commissioners recognize and approve the expenditure of Housing and Urban Development (HUD) funds in the amount of$84,375.00 for the Golden Gate Senior Meals Program which is administered by the Department of Housing and Human Services (HHS). This program is an expansion to an existing HHS program which provides nutritious meals to low-income seniors in Collier County. Providing meals for approximately fifty (50) low income seniors at the Messiah Lutheran Church in the Golden Gate Community Page 23 December 16, 2008 Withdrawn 31) 32) Recommendation to approve and execute a Lease Agreement with Messiah Lutheran Church, Inc. of Golden Gate for space to accommodate the Housing and Human Services Senior Nutrition Program. Located at 5800 Golden Gate Parkway for an initial 6-month lease term beginning January 1,2009 Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement between Collier County and VI Ltd., Limited Partnership regarding professional services for Collier County beach amenities on Bluebill Avenue thereby ratifying and confirming all actions taken by Staff with the Developer in this matter. As detailed in the Executive Summary 33) Present the Board of County Commissioners a summary of Impact Fee Deferral Agreements recommended for approval in FY09, including total number of Agreements approved, total dollar amount deferred and balance remaining for additional deferrals in FY09. As detailed in the Executive Summary 34) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a sub-recipient agreement providing for a Housing and Urban Development (HUD) grant to the Physician Led Access Network (PLAN) in the amount of $40,000 to provide medical referral services and prescription medications for low-income residents in Collier County. HUD Grant #B-08-UC-12-0016 35) Recommend the Board of County Commissioners approve the award of Bid #08-5134 to the lowest qualified and responsive bidder Williamson Brothers Marine Construction, Inc. for construction contract of the Caxambas Boat Dock Project #80057.1. ($132,140.00) Partially funded by the City of Marco Island, the installation of a fire rescue/police vessel boat lift & dock at a predetermined location 36) Recommendation to accept a donation from the Collier County Veterans Council in the amount of$23,360.40 for the purchase ofa Page 24 December 16, 2008 vehicle for the Veterans Transportation Program. Approve Budget Amendments to recognize the donation and transfer the funds to the Veterans Transportation Program. Reference Agenda Item #5A, December 16,2008. Used to transport veterans to V A medical appointments throughout South Florida Moved to Item #10P 37) Recommend that the Board of County Commissioners approve and authorize the Chairman to sign Change Order #1 to Work Order C3TS-FT -4153-08-02 for design consultant C3TS for the Manatee Park design in the amount of$50,000.00 on a time & material, not-to- exceed basis to provide the Site Development Plan and the required SFWMD permits. The net contractual value of services will total $243,950.00. Delay in construction due to recent economic conditions, Project #80122.1 38) Request Board of County Commissioners approval of International City/County Management Association (ICMA) Public Library Innovation Grant, in the amount of $53,770 and authorization for the Chairman to sign the application. For installing new technologies and improving access to educational and recreational library materials 39) Recommendation for the Board of County Commissioners to approve the budget amendment and authorize the Chairman to sign a grant agreement with the United States Department of Housing and Urban Development for Economic Development Initiative (EDI) funds in the amount of $147,000 for improvements to South Park in Immokalee. For design, permitting and construction of a new community center to replace the current center buildings which are aged and in poor condition E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Alan Tucker for 10 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $35,500. Page 25 December 16, 2008 Located in the Camp Keais Strand area south of Oil Well Road 2) Recommendation to approve an Agreement for Sale and Purchase with Norma Depestre-Coba for 4.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $72,800. Golden Gate Estates Unit 53, part of the Red Maple Swamp Preserve Multi-Parcel Project 3) Recommendation to approve an Agreement for Sale and Purchase with Alina Gonzalez for 2.50 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,300. Golden Gate Estates Unit 53, part of the Red Maple Swamp Preserve Multi-Parcel Project 4) Recommendation to approve an Agreement for Sale and Purchase with Harold Mir for 2.50 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,300. Golden Gate Estates Unit 53, part of the Red Maple Swamp Preserve Multi-Parcel Project 5) Recommendation to approve an Agreement for Sale and Purchase with Manuel Palacios and Aida Jauregui for 4.93 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $79,100. Golden Gate Estates Unit 53, part of the Red Maple Swamp Preserve Multi-Parcel Project 6) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman, as to 50%, and Frank J. Celsnak and Marlene J. Celsnak, as Trustees U/D/T (or U/A) dated December 27, 1991, as to 50%, all as tenants in common, for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $19,300. Golden Gate Estates Unit 65, part of the Winchester Head Multi-Parcel Project 7) Recommendation to approve an Agreement for Sale and Purchase with Ronald Jack Bortnick and Sherry K. Bortnick, also known as Sherrie K. Bortnick, for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. Page 26 December 16, 2008 Located in the Camp Keais Strand area south of Oil Well Road 8) Recommendation to approve an Agreement for Sale and Purchase with Charles A. Darby and Charlotte T. Darby, Trustees of the Darby Revocable Trust, U/T/D November 7, 1997, for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13, I 00. Located in the Camp Keais Strand area south of Oil Well Road 9) Recommendation to approve an Agreement for Sale and Purchase with Ola Phillips Griffin, also known as Ola Mae Griffin for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. Located in the Camp Keais Strand area south of Oil Well Road 10) Recommendation to approve an Agreement for Sale and Purchase with Bernard D. Schaab for 2.5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $6,900. Located in the Camp Keais Strand area south of Oil Well Road 11) Recommendation that the Board of County Commissioners approve an Agreement to provide a maximum expenditure of$47,115 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District for the purchase of Fire Shelters and Radio Equipment. Serving residents of Golden Gate Estates 12) The purpose of this Executive Summary is to gain Board approval of a long-standing staff practice of soliciting donations for a seasonal, charitable program, which practice includes the use of the County's e- mail system and soliciting cash donations from fellow County employees. Should the Board not grant its approval, the employees would be left to continue whatever charitable work they wish to engage in outside of County Government. Recognizing the Guardian ad Litem (court administration child advocacy program) Holiday Gift Tree Program that provides and distributes gifts for abused, neglected and abandoned children 13) Recommendation the Board of County Commissioners approve Change Order #1 to Contract #08-5073 with RW A, Inc. for the Immokalee Master Plan and Related Services and approve $165,500 Page 27 December 16, 2008 Budget Amendment as sufficient appropriation to fund a Public Realm Plan in the Scope of Services. Companion to Item # l6G 1. As detailed in the Executive Summary 14) Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Matt Hudson for use of County-owned office space for an initial two year term at a total revenue of$20. Resolution 2008-365: For Suite 212 in Administration Bldg. "F" 15) Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative David Rivera for use of County-owned office space for an initial two year term at a total revenue of$20. Resolution 2008-366: For Suite 305 in Administration Bldg. "F" 16) Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Tom Grady for use of County-owned office space for an initial two year term at a total revenue of$20. Resolution 2008-367: For Suite 304 in Administration Bldg. "F" 17) Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Senator Garrett Richter for use of County-owned office space for an initial four year term at a total revenue of $40. Resolution 2008-368: For Suite 203 in Administration Bldg. "F" 18) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period October 24, 2008 through November 20, 2008 F. COUNTY MANAGER 1) Approve budget amendments. For additional surveying services at the Immokalee Regional Airport for a runway extension Page 28 December 16, 2008 2) Recommendation to approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Dept. 3) Recommendation to accept payment for principal balances for ground and air Emergency Medical Services charges in the amount of $7,054.20 and to waive the interest due for these transports in the amount of$I,607.17. As a result of a 2005 auto accident 4) Recommendation to authorize Budget Amendments for the Conservation Collier Land Maintenance Fund (174) and Debt Service Fund (272) to insure adequate cash balance for the January 1,2009 debt service payment. A self-correcting process that occurs each January 5) Recommendation to approve a Memorandum of Understanding amending and revising the Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters, Inc. As detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners adopt a Resolution in support of the tourism industry position on drilling for natural gas and oil off the shoreline of Florida. Resolution 2008-369 7) Recommendation the Board of County Commissioners approve and authorize the Chairman to sign Change Order #2 for Miles Media Group Contract #06-4037 in the amount of $22,878.00 which includes a Staff authorized expense of $7,964.00 for the 2008 Visitor Guide. Providing tourism information for the Naples, Marco Island, Everglades Convention & Visitor's Bureau Moved to Item #10S and direction to remain on the Consent Agenda 8) Recommendation to approve contract for RFP #08-5081 with Public Financial Management, Inc., for Financial Advisory Services. 9) Obtain approval from the Board of County Commissioners to authorize a second offering of a Voluntary Separation Incentive Program, empower the County Manager to implement program and Page 29 December 16, 2008 authorize the Chairman to sign the enabling Resolution in an effort to assist the County Manager's Agency in meeting financial goals. Resolution 2008-370 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to the Community Redevelopment Agency to approve Change Order #1 to Contract #08-5073 with RW A, Inc. for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment sufficient appropriation to fund a Public Realm Plan in the Scope of Services. This is a companion to Item#16E13. As detailed in the Executive Summary 2) Recommendation that the Collier County Board of County Commissioners accept additional funds from the Florida Department of Transportation in the amount of $3,763 and provide a fifty percent (50%) match in the amount of$3,763 for a total Budget Amendment of$7,526 for design, permitting, bidding and construction oversight for the apron and parking lot expansion at the Marco Island Executive Airport. 3) Recommendation that the Collier County Community Redevelopment Agency Board (CRAB) adopt a Resolution establishing a performance evaluation process for the CRA Executive Directors. Resolution 2008-371 H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation recognizing Irv Berzon for his services to Collier County. Adopted 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on November 20, 2008 at Carrabba's on East 41 in Naples, FL. $21.00 to be paid from Commissioner Fiala's travel budget. Page 30 December 16, 2008 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on September 18, 2008 at Carrabba's on East 41 in Naples, FL. $21.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Friends of the Library Sock Hop Dance on December 12, 2008 at South Regional Library in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget. Located on Lely Cultural Boulevard next to Edison Community College 5) Commissioner Henning requests Board approval for reimbursement to attend an event serving a valid public purpose. Attended the Collier Citizen of the Year 2008 dinner on 11/21/08. $35.00 to be paid out of Commissioner Henning's travel budget. Held at the Naples Elks Lodge, 3950 Radio Road I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff and Sheriff Elect as the Official Applicant(s) and Points-of- Contact, accepters ofthe Grant when awarded, receive and expend Grant funds, and approve and submit applicable budget and program modifications for a United States Department of Homeland Security Fiscal Year 2009 Operations Stone garden Grant. Designating Sheriff Don Hunter and Sheriff Elect Kevin Rambosk 2) Recommendation that the Board of County Commissioners Approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the VeronaWalk Subdivision. Page 31 December 16, 2008 Located off of CR 951 (Collier Boulevard); Barry Gerenstein spoke during discussion on agenda item 3) Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2007 through September 30, 2008. Items that no longer serve a useful function or have any commercial value 4) Recommendation that the Board of County Commissioners accept the report of Interest for the fiscal year ending September 30, 2008 pursuant to Florida Statute 218.78 and Purchasing Policy XIE, for the fiscal year ending September 30, 2008. No interest was paid. 5) To obtain Board approval for disbursements for the period of November 22, 2008 through November 28, 2008 and for submission into the official records of the Board. 6) To obtain Board approval for disbursements for the period of November 29,2008 through December 05, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to authorize an Offer of Judgment for Parcel II5FEE by Collier County to property owner Norma FarmiIo, Individually and as Trustee, in the lawsuit styled CC v. Robbie L. Rayburn, et a!., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact: If accepted, $48,038.00). As detailed in the Executive Summary 2) Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Josefa De La Rosa in County Court in and for Collier County, Florida, to Recover Damages in the Amount of $6,0 19.50. For damage done to a light pole and palm tree at the intersection of West New Market Road and North 15th Street in Immokalee Page 32 December 16, 2008 3) Recommendation to approve a Stipulated Final Judgment in the amount of $26,000.00 for Parcel 164RDUE in the lawsuit styled Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil Well Road Project 60044). (Fiscal Impact $12,870.00) 4) Recommendation to approve a Stipulated Final Judgment in the amount of$39,000.00 for Parcel 184RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger, as Co- Trustees of the Helmut Hittinger Revocable Trust dated April 29, 1991, et aI., Case No. 07-3898-CA (Oil Well Road Project No. 60044). (Fiscal Impact $27,800.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are required to be sworn in. Recommendation to approve Petition A VESMT- 2007-AR-12316, 1999 Gordon River Lane, to disclaim, renounce and vacate the County's and the Publics interest in a that portion of a 25-foot wide drainage easement along the rear of Lot 1, Nature Point, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit A and accept the replacement drainage easement also shown on Exhibit A. Resolution 2008-372 Page 33 December 16, 2008 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2007-AR-12619, K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district. The +/- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 East, Collier County, Florida. CTS Resolution 2008-373 Moved to Item #8B C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2008-AR- 13494, Kite Kings Lake, LLC, represented by D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., is requesting a PUD Amendment to modify the permitted commercial uses within the Kings Lake PUD. (Ordinance No. 82-52) The subject property is located at 4890 Davis Boulevard, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. CTS D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2008-374 E. Recommendation that the Board of County Commissioners enact an Ordinance amending Ordinance No. 87-55, as amended, Imperial Golf Estates, Phase V. Ordinance 2008-66 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 34 December 16,2008