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Recap 01/27/2009 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) Olc",\1111. .~)i. d r ' ( .."..'"...... )1 ,,\ AGENDA January 27, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 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." January 27, 2009 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE 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. Reverend Bob Hinklin, East Naples United Methodist Church 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. December 23,2008 - Value Adjustment Board Hearings with Special Magistrate Scott Watson Approved as presented - 5/0 C. January 6,2009 - Value Adjustment Board Hearings with Special Magistrate Scott Watson Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. ~ 20 Year Attendees January 27, 2009 Page 2 1) Louise Bergeron, Library Presented 2) Danny Dominguez, Road Maintenance Presented 3) Michelle Edwards-Arnold, Alternative Transportation Modes Presented 4) Richard Lockerby, Water Presented 5) Jack Miles III, Wastewater Presented 6) Linda Murphy, CDES Not present 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation on the progress of the Marco Island Historical Museum. Presented by Mr. Bill Perdichizzi, Vice President, Museum Capital Campaign. Presented B. The Waste Reduction Awards Program, the WRAP award, is presented to the Naples Botanical Garden for contributing to the greater good of all of Collier County by promoting green business practices, thereby helping to prolong the life of the Collier County Landfill. Presented C. Recommendation to recognize Joanne Markiewicz, Operations Manager, Purchasing Department, as Supervisor of the Year for 2008. Presented January 27, 2009 Page 3 D. Presentation on progress of widening Collier Boulevard (US 41 to Davis Boulevard) from existing 4 lanes to 6 lanes divided roadway, drainage improvements, lighting, bike lanes, sidewalk and pathway. Presented 6. PUBLIC PETITIONS A. Public petition request by JeffNunner to discuss sign permit for Naples Mazda. Motion to approve a waiver to obtain sign permit 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 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. Resolution 2009-25: Appointing Chris Stephens to the Environmental Advisory Council- Adopted 5/0 B. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2009-26: Appointing Maurice J. Burke to the Coastal Advisory Committee - Adopted 5/0 C. Request that the Board of County Commissioners consider waiving the residency requirement in relation to Gary Eidson, member ofthe Rural Lands Stewardship Area Review Committee. Motion to waive the residency requirement - Approved 5/0 10. COUNTY MANAGER'S REPORT Further continued to the February 24, 2009 BCC Meeting A. This item continued from the January 13, 2009 BCC Meeting and is further continued to the February 10,2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to deny the Alternative Impact Fee Appeal submitted by Tamiami Square of Naples, LLC (Developer) and authorize the January 27, 2009 Page 4 Chairman to execute a notice to the Developer for the collection of the Collier County Water-Sewer District (CCWSD) Alternative Impact Fee calculation of $120,904 for the existing tenants of Building 300, with Developers concurrence, or the original amount of $] 96,873 without Developers concurrence. (Tom Wides, Director Fiscal Operations, Public Utilities) B. Recommendation to approve award of Request for Proposal Number 08- 5038R Automated Meter Reading System to Ferguson Enterprises, Incorporated and Municipal Water Works, Incorporated in the estimated amount of $2,000,000. (Jim DeLony, Public Utilities Administrator) Approved - 5/0 C. Recommendation to approve the purchase of three fixed-route buses and trolley decal wrap for Collier Area Transit, at a total cost of$I,058,460. (Norman Feder, Transportation Services Administrator) Approved - 5/0 D. Briefing to the Board of County Commissioners in regard to the Code Enforcement Departments process to address Code Enforcement violations on Lis Pendens/Foreclosed properties in unincorporated Collier County. (Diane Flagg, Director, Code Enforcement, CDES) Motion to approve staff's direction - Approved 5/0 E. Recommendation for the approval of the sixth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. (Alex Sulecki, Senior Environmental Specialist) Motion to approve acquisition list without the Paganes and Stirns Properties - Approved 3/2 (Commissioner Henning and Commissioner Coletta opposed) Time Certain 10:00 a.m. F. Recommendation that the Board of County Commissioners provide the County Manager or his designee guidance as to how to enforce the approved sign code amendment and regulations as codified in the Collier County Land Development Code for the geographical area ofImmokalee. (Joe Schmitt, Community Development Administrator and Diana Flagg, Code Enforcement Director) January 27, 2009 Page 5 Added I. Motion: New signs must comply with sign ordinance; existing signs that endanger citizen health, safety and welfare must come into compliance and direct staff to work with Bob Mulhere and Immokalee CRA to produce a sign ordinance for the Immokalee area - Approved 3/2 (Commissioner Coyle and Commissioner Halas opposed); Motion to reconsider previous motion - Approved 4/1 (Commissioner Coletta opposed); Motion: New signs must comply with sign ordinance; existing signs that endanger citizen health, safety and welfare must come into compliance or be torn down; direct staff to work with Bob Mulhere and the Immokalee CRA to produce a sign ordinance for the Immokalee area; existing signs without a permit may remain as the County would hold burden of proof; new signs will require a permit and compliance with the current sign ordinance and existing signs that the County cannot provide proof regarding permits may stay until a new sign ordinance is adopted Approved - 4/1 (Commissioner Halas opposed) G. Request that the Board of County Commissioners (BCC) approve the extension of the deadline to complete expanded intersection improvements to April 30, 2009 as part of conditions of approval and status of compliance for the Coconilla Planned Unit Development Ordinance No. 05-15, also known as the Aqua at Pelican Isle Yacht Club Project, that was presented on September 23, 200S as Item #16Kl (moved to Item #12A). The expanded intersection improvements will include full construction ofthe permanent access point at the signalized intersection with related site improvements. (Norman Feder, Transportation Services Administrator) Approved - 5/0 H. Recommendation that the Board of County Commissioners approve the redirection of a portion of FY 09 budgeted tourist tax funds from off-season to in-season advertising and promotion up to $200,000. (Jack Wert, Tourism Director) Approved - 5/0 Request that the Board of County Commissioners provide direction with respect to whether the County should close on the Pepper Ranch transaction, in light of the proposed easement through the Pepper Ranch and whether the January 27, 2009 Page 6 County should reduce the purchase price to reflect the bond carrying costs and the reduction in value to the Pepper Ranch due to the access. Motion to proceed w/stipulations - Approved 4/1 (Commissioner Henning opposed) Moved from Item #16A5 J. Recommendation to have the Board of County Commissioners (Board) approve the expenditure of $1 ,540.00 to pay for the installation of arterial level street lighting at the Casa Del Vida subdivision entrance. A $10,000 cash bond was posted and is in place to pay for completion of the improvements. Approved - 5/0 Moved from Item #16E2 K. Recommendation that the Board of County Commissioners ratify additions to, modifications to and deletions from the 2009 Fiscal Year Pay and Classification Plan made from October 2, 2008 through December 31, 2008. Motion to approve staff's recommendations - Approved 4/1 (Commissioner Coyle opposed) Moved from Item #16C4 L. Recommendation to approve Change Order #2 to Work Order PG-FT- 3792- 08-01, Contract #05-3792, with de la Parte & Gilbert, P.A. for Fixed Term Specialized Legal Services in the amount of$lOO,OOO.OO. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mark Teeters - Muscle Car Show requests waiving a $800.00 user fee B. Rick Hears - IHOPE's challenge with affordable housing and the delay in payment of bills 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY January 27, 2009 Page 7 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - Voluntary separation window; staff to draft an ordinance with additional windows for separation B. Jim Mudd - Met with owner of the Property Appraiser's property and he isn't willing to sell - now looking at Elks Club C. Jim Mudd - Economic Development Zone proposals not to exceed $30,000.00 D. Jim Mudd - BCC Calendar and meeting update; motion to approve recommended dates - Approved 4/1 (Commissioner Coyle opposed) E. Commissioner Coletta - Request report from the Clerk's Office regarding interest income by sending the Clerk a letter specifying a report deadline for a BCC Meeting date and time F. Commissioner Coletta - Waive the zoning & impact fees for incubator type business G. Commissioner Coletta - Bonding out of impact fees H. Commissioner Coletta -Urban impact on the Vanderbilt Beach Corridor vs. Golden Gate Urban Corridor and future MSTU's I. Commissioner Henning - FPL LED lighting versus sodium lighting to possibly reduce our "carbon footprint" J. Commissioner Coletta - Additional right-of-ways and taking more homes K. Motion to adjourn - Approved 5/0 ------------------------------------------------------------------------------------------------------------ 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) To accept final and unconditional conveyance of the water utility facility for Treviso Bay Golf Course Maintenance Facility. With the release of any Utilities Performance Security 2) To accept final and unconditional conveyance of the water utility facility for Promenade at Naples Centre. January 27, 2009 Page 8 With the release of any Utilities Performance Security 3) Recommendation to approve final acceptance of the sewer utility facility for Treviso Bay at Southwest Boulevard. With the release of any Utilities Performance Security 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Preserve Commons. With the release of any Utilities Performance Security Moved to Item #10J 5) Recommendation to have the Board of County Commissioners (Board) approve the expenditure of$I,540.00 to pay for the installation of arterial level street lighting at the Casa Del Vida subdivision entrance. A $10,000 cash bond was posted and is in place to pay for completion of the improvements. 6) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearin!!: be held on this item, aU participants are required to be sworn in. This is a recommendation to approve for recording the final plat ofDiamante Estates Di Napoli, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) Bias Elias and Bert Eisenbud ofEs Country Store requests a Temporary Use Permit in accordance with the provisions of the Land Development Code (LDC) for twenty-eight consecutive weekends (Saturday and Sunday), alternating between the location at the corner of Golden Gate Boulevard and Wilson Boulevard, Section 03, Township 49 South, Range 27 East, and the location at the corner of Oil Well Road and Immokalee Road, Section 23, Township 48 South, Range 27 East, five additional months beyond the sum total twenty- eight day time limit that is allowed by the LDC during the 2009 calendar year to operate a mobile smokehouse cooker, and to allow the applicant to pay the two hundred dollar fee, per location, to encompass the entire requested length of time. To be operated in the parking lot of each location and will be in compliance w/aU State Health & Fire Codes January 27, 2009 Page 9 8) Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Mission Hills Shopping Center with the loop road and associated drainage improvements being maintained by Collier County. The property owners association will maintain the internal paving and drainage improvements within the shopping center. Resolution 2009- 13 W /release of the Maintenance Security 9) Recommendation that the Board of County Commissioners approve an impact fee reimbursement requested by Stock Construction on behalf of Players Cove Development, LLC, totaling $58,262.16, and a reimbursement of the Allowance for Funds Prudently Invested totaling $2,229.32 due to the cancellation of a building permit. Permit #2008051917 paid on August 1, 2008 that was then cancelled on August 21, 2008 10) Recommendation that assessment of lot mowing cost related to property located at 18523 Royal Hammock Blvd., Collier County, Florida be waived. Code Enforcement case number CENA200800 12474. For the county's contractor to cut the grass when the property owner's contractor's equipment wasn't adequate to effectively cut the grass 11) Recommendation to approve the Release and Satisfactions of Code Enforcement Liens for payments received. Recording cost of $10.00 per release totaling $190.00 Continued to the February 10, 2009 BCC Meeting 12) Recommendation that the Board of County Commissioners approve an amendment revising Ordinance Number 05-44 to clarify the requirements for the Special Magistrate's role in the imposition of nuisance abatement liens. B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement for the purchase of a perpetual road right-of-way drainage and utility easement which is required for the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $11,900) January 27, 2009 Page 10 Parcel #1232RDUE (Folio #37445880007) located in Golden Gate Estates 2) Recommendation to approve award of contract #09-5121 to Aztek Communications, Precision Contracting Services, Inc., and OSP Management, Inc. for Fiber Optic Installation, Maintenance and Repair. Annual expenditures are estimated around $750,000. For the installation, maintenance and repair of fiber optic infrastructure that is owned by Collier County Traffic Operations and Collier County Information Technology 3) Recommendation to award Bid #09-5160 Airport Road (Cougar to Vanderbilt Beach Road) Roadway Grounds Maintenance to Hannula Landscaping and Irrigation, Inc. in the estimated annual expenditure of$76,767.65 (Fund Ill, Cost Center 163865). For approximately 2.6 miles of landscaping and irrigation 4) Recommendation to award Bid #09-5153 for the Collier County Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance to Hannula Landscaping & Irrigation, Inc. in the amount of$267,418.64. As detailed in the Executive Summary 5) Recommendation to award Bid #09-5152 Immokalee Road (Tamiami Trail North to Strand Blvd.) Roadway Grounds Maintenance to Hannula Landscaping and Irrigation, Inc. in the estimated annual expenditure of $90,525.48.(Fund Ill, Cost Center 163888). For approximately 3.5 miles of landscaping and irrigation 6) Recommendation to award Bid #09-5040R including alternates I for construction of Old US 41 Stormwater Improvements Phase 2, Project No. 511331, to David Foote Environmental Construction, Inc. in the amount of$645,982.75 plus a ten percent contingency. The work generally consists of clearing, grubbing, relocation/widening of an existing roadside ditch, side drain culvert replacements to increase the flow ways, incidental pavement repairs, and water main defections 7) Recommendation that the Board of Collier County Commissioners approve award of Bid #09-5108, Annual Contract for Concrete January 27, 2009 Page 11 Sidewalk and Curb Maintenance to BQ Concrete, LLC and Design- Build Engineers and Contractors, Inc. Annual expenditures are estimated to be $150,000. To furnish and deliver materials for the maintenance of concrete sidewalks and curbs on Collier County roadways 8) Recommendation to award Bid #09-5150 for construction of St. Andrews Boulevard Phase II Stormwater Improvements, Project No. 51140.1, to Haskins, Inc. in the amount of$138,863.50 plus a ten percent contingency. The work generally consists of clearing, grubbing, relocation/widening of an existing roadside ditch, side drain culvert replacements to increase the flow ways, incidental pavement repairs, and water main defections, and construction detour 9) Recommendation to approve and execute Subcontracted Transportation Provider (STP) Agreement Financial Project Number 41604318201 between Collier County and the Florida Commission for the Transportation Disadvantaged for an award in the amount of $251,519.00 for the provision of transportation for qualified Medicaid recipients. Resolution 2009- 14 C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners accept the withdrawal ofImmokalee Disposal, Inc. 's petition for an extraordinary rate increase associated with fuel costs. Due to fuel cost decrease and Immokalee Disposal, Inc. didn't wish to disclose their financial information in detail as outlined in the Franchise Agreement for District II 2) Recommendation to accept a South Florida Water Management District Alternative Water Supply Grant in the amount of$500,000 for partial funding of the construction of the North County Regional Water Treatment Plant and South County Regional Water Treatment Plant Sand Separators, Project #71052. Resolution 2009-15 January 27, 2009 Page 12 3) Recommendation to approve Certification of Financial Responsibility for the permit renewal of the Department of Environmental Protection Permit for Injection Well Number 2 at the North County Regional Water Treatment Plant in the amount of$461,011. In order to dispose of concentrated waste stream that is created when treating water in the facility Moved to Item #10L 4) Recommendation to approve Change Order #2 to Work Order PG-FT- 3792-08-01, Contract #05-3792, with de la Parte & Gilbert, P.A. for Fixed Term Specialized Legal Services in the amount of$lOO,OOO.OO. 5) Recommendation to award Bid No. 08-5097, Annual Contract for Chlorinator Equipment Maintenance to Water Treatment & Controls, Company in the estimated annual amount of $80,000. The water department requires that the service provider perform both preventative and reactive maintenance on the chlorination equipment at various sites they maintain 6) Recommendation to approve a budget amendment in the amount of $65,000.00 to fund the close-out of the Pelican Bay Fire & Irrigation Water System Improvements Project, Project #74023 To ensure long-term reliability of the fire protection water system by converting the fore protection water supply from the Irrigation Quality (IQ) water system to the County's potable water system D. PUBLIC SERVICES 1) Recommendation for the Board of County Commissioners to approve a Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment at an annual cost of $6,000. For the temporary parking for beach maintenance equipment located at the intersection of Gulfshore Court and Center Street North 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Edgar Dominguez Martin and Barbara Dominguez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable January 27, 2009 Page 13 Withdrawn 7) housing unit located at Lot 36, Block II, Naples Manor Lakes, East Naples. Impact Deferral Fees in the amount of $29,948.82 3) Recommendation that the Board of County Commissioners adopt a Resolution Appointing representatives to the Department of Environmental Protection, Division of Recreation and Parks Advisory Group which has been established for the purpose of updating the Delnor- Wiggins Pass State Park Management Plan. Resolution 2009-16 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Agreement providing for a $250,000 State Housing Initiative Partnership (SHIP) grant to Habitat for Humanity of Collier County, Inc. for the acquisition and/or rehabilitation of at least five (5) residential dwelling units to benefit households earning less than 120% of the Area Median Income. To provide initiatives to expand affordable housing opportunities 5) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 6) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a $275,000 subrecipient agreement with the Collier County Housing Authority (CCHA) to provide Tenant Based Rental Assistance (TBRA) for approximately 38 low income families in Collier County. This Agreement amount will be comprised of $250,000 in HOME Investment Partnership Program (HOME) funds and $25,000 in Marco Island Affordable Housing Trust funds. Funds will used to provide security deposits, direct rental, and utility assistance 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 January 27, 2009 Page 14 deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Liberty Landing, Immokalee. 8) Recommendation for the Board of County Commissioners to approve the submittal of the attached 4-H Foundation Inc. Grant Application requesting $50,881.00 for the 4-H Outreach Coordinators and the enhancement of outreach activities managed by the Collier County University of Florida /IF AS Extension Department. For coordinator salaries, out reach educational activities in school, after school and within Collier County communities 9) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement with Collier Health Services (CHS) for $221,603 and an agreement with the Agency for Health Care Administration (AHCA) to participate in the Low Income Pool Program. Participation in this program will generate an additional $275,265 in Federal matching funds to be paid directly to Collier Health Services for medical services for the most medically needy in Collier County. For the County's low income or medically needed expenses as determined by staff of the Housing and Human Services Dept. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a Delegation of Authority to Act as Certifying Officer form designating the Director of Housing and Human Services as the Certifying Officer for Environmental Reviews required for federally funded grant projects. Reviews contain reports regarding any potential environmental factors that my impact the project site 11) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Big Cypress Housing Corporation Home Investment Partnership Program (HOME) and CHDO Set Aside for (55) Fifty-Five Units Subrecipient Agreement approved on November 13,2007 (ItemI6D28) for $250,000.00 this amendment will allow final payment of $47,488 to be made to Big Cypress as reimbursement for expenses incurred for eligible costs associated with the Agreement even though leasing of the units is not complete. January 27, 2009 Page 15 To develop and construct 55 rental units for migrant farm workers in the Immokalee area 12) Recommend that the Board of County Commissioners approve a Budget Amendment totaling $317,667.32 for the 951 Boat Ramp Parking Lot Expansion Project. The design phase of the project was substantially enhanced in accordance with the regulatory agency requirements for permitting E. ADMINISTRATIVE SERVICES 1) Recommendation for BCC to approve and authorize the Chairman to sign the Public Assistance Sub-grant Agreement for TS Fay so the County can submit to FEMA for reimbursement of$15M. To be eligible to for federal and state financial assistance to reimburse Collier County for a proportionate share of expenses incurred Moved to Item #10K 2) Recommendation that the Board of County Commissioners ratify additions to, modifications to and deletions from the 2009 Fiscal Year Pay and Classification Plan made from October 2, 2008 through December 31, 2008. 3) Recommendation to award RFP #08-5131 Security Services to Wackenhut Corporation for government security services at an estimated annual cost of$995,237. Providing services to the County Courthouse, select government buildings and assorted public functions 4) Recommendation to approve the payment of Group Insurance actuarial consulting fees to Willis, Inc. in the amount of$61,772.50. Establishing final plan design, preparing the overall rate structure, finalizing the modeling of the plan 5) Recommendation to approve and execute a Resolution authorizing the Commission Chairperson to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2009 calendar year. January 27, 2009 Page 16 Resolution 2009-17 6) Recommendation to approve and execute a First Amendment to Lease Agreement with Overseas Development Corporation for the continued use of temporary office space for the Guardian Ad Litem office during construction of the new Courthouse Annex building at an annual cost not to exceed $14,162.63, Project #525331. The County will continue to lease on a month-to-month basis until the Courthouse Annex is completed F. COUNTY MANAGER 1) Approve budget amendments. For Isle of Capri Fire District (BA #09-142) and the General Fund (BA #09-143) 2) Recommendation to approve the sole source purchase of 49 Opticom Emitters for use in County Emergency Medical Services vehicles in the amount of$87,465.00. These devices will provide EMS vehicles the ability to preempt traffic lights to allow safe passage of emergency vehicles, providing effective traffic management for the safety of the drivers approaching those signals 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-18 4) Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. For the ambulance transport of non-emergencies operated by NCH Healthcare Systems 5) Recommendation to award Bid No. 09-5156 to Stryker Sales Corporation for the purchase of30 stair chairs for Emergency Medical Services in the amount of$59,493.00. January 27, 2009 Page 17 To keep down potential for injury when EMS Staff is lowering the heavier patients G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (3180 Caledonia Avenue) Encouraging the private sector to upgrade/rehabilitate properties 2) Recommendation that the Collier County Board of County Commissioners (BCC) approve and authorize its Chairman to execute two grant agreements with the Florida Airports Council (F AC) in the amount $5,000 each, and approve all necessary budget amendments. This grant funding is to provide wages, living assistance and/or transportation expenses for one internship program for the Immokalee Regional Airport and one internship program for the Marco Island Executive Airport during the spring of2009. These grants do not require matching funds. CCAA Resolution 2009-16 and 2009- 17 were adopted on January 12, 2009 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the US Coast Guard Auxiliary Change of Watch Ceremony on January 16,2009 at Marco Island Yacht Club on Marco Island, FL. $55.00 to be paid from Commissioner Fiala's travel budget. Held at Marco Island Yacht Club, 1400 Collier Blvd. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Historical Society Time Capsule and Beerial Ceremony on February 3, 2009 at Marco Island Historical Society Museum Building Site on Marco Island, FL. $25.00 to be paid from Commissioner Fiala's travel budget. January 27, 2009 Page 18 Held at 168 Royal Palm Drive, Marco Island 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Economic Development Council Project Innovation series on January 8, 2009; January 15,2009; February 19, 2009; March 19,2009; April 16, 2009; and May 20,2009 at the Naples Beach Hotel and Golf Club in Naples, FL. $200.00 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. Will attend Broadway in the Stacks on February 8, 2009 at the South Regional Library in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at 8065 Lely Cultural Blvd., Naples 5) This item continued from the January 13, 2009 BCC Meeting. Commissioner Coletta requests Board approval for payment for attendance to a function serving a valid public purpose. Commissioner Coletta attended the 2009 Everglades Coalition Conference, January 9-11,2009. $190.00 for Conference Registration Fee (meals a-Ia- carte); $190 for Conference talks (included meals); $454 for accommodations (includes $56 in parking); and $5.00 in tolls (Alligator Alley); for a total of$839.00 to be paid from Commissioner Coletta's travel budget. Held at the Hilton Miami Downtown, 1601 Biscayne Blvd., Miami I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 03,2009 through January 09, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of January 10,2009 through January 16,2009 and for submission into the official January 27, 2009 Page 19 records of the Board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approves Staffs proposal (I) to deny Mrs. Cynthia Dennis Pray's request that the Board waive the federal loan granted to her by Collier County Housing and Human Services, (2) send a written demand to recover the funds, and (3) not initiate litigation against Mrs. Pray. Request to waive loan in the amount of $19,000.00 2) Recommendation to approve a Stipulated Final Judgment in the amount of $91 0,000 for Parcel 115FEE in the lawsuit styled Collier County v. Robbie L. Rayburn, et. aI., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project #60091, and Lely Area Storm Water Improvement Project #511011) (Fiscal Impact $122,200). For a 3.79 acre parcel needed for construction of a road and drainage canal 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 ex parte disclosure be provided bv Commission Members. Should a hearin!! be held on this item. all participants are required to be sworn in. Recommendation to approve Petition A VESMT- 2008-AR-13809, to disclaim, renounce and vacate the Countys and the Publics interest in two drainage easements which were originally created in Official Record Book 2130, Pages 1078-1081 and shown on the plat of Fiddlers Creek Phase Four, Unit Two, as filed in Plat Book 45, pages 40-47 January 27, 2009 Page 20 of the Public records of Collier County, Florida situated in Section II & 14, Township 51 South, Range 26 East, Collier County, Florida, the vacated easements being more specifically depicted and described in Exhibit A. Resolution 2009-19 B. This item requires 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 VPLA T- 2008-AR-13888, to disclaim, renounce and vacate the Countys and the Publics interest in that portion of a 20 foot wide drainage access easement for drainage maintenance over Lot 9, Block B, as shown on the record map known as Palm River Estates Unit NO.7 and filed in Plat Book 12, pages 28 through 30 of the Public records of Collier County Florida and situated in Section 23, Township 48 South, Range 25 East, Collier County, Florida, and being more specifically depicted and described in Exhibit A. Resolution 2009-20 C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2008-AR-13601, Okeechobee Inn, L TD, represented by Gina Green, P.E. of Green Engineering, Inc., is requesting a Variance from LDC Subsection 4.02.27, Specific Design Standards for the Immokalee-State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width. The 9.04-acre subject property is located on the west side of State Road 29, just north of the Lake Trafford Road intersection, in Section 32, Township 46 South, Range 29 East, Immokalee, Florida. (CTS) Resolution 2009-21 D. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-13639, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter- Day Saints, represented by Alan Brewer of Reynolds, Smith and Hills, is requesting a Conditional Use for a church in the Residential Single-Family (RSF-3) Zoning District, as specified in Section 2.03.02.A.I.c.2 of the Collier County Land Development Code (LDC) The 4.63-acre subject property is located at 4935 23rd Court SW in Section 21, Township 49 South, Range 26 East of Collier County, Florida. (CTS) Resolution 2009-22 January 27, 2009 Page 21 E. This item reauires that aU participants be sworn in and ex parte disclosure be provided bv Commission members. SV-2006-AR-I0482, Seasonal Investments, Inc. d/b/a Fairways Resort, represented by Tim Hancock, AICP of Davidson Engineering, Inc., is requesting five variances for an off-premises sign. The first variance is from Subsection 5.06.04.C.16.b.i. of the LDC which allows a maximum sign area of 12 square feet for a double-sided off-premise directional sign to permit an 80 square-foot off-premise sign. The second variance is from Subsection 5.06.04.C.16.b.ii. of the LDC which allows a maximum sign height of 8 feet in height above the lowest center grade of the arterial roadway for an off- premise directional sign to allow a maximum sign height of 20 feet. The third variance is from Subsection 5.06.04.C.16.b.iii. of the LDC which requires that a sign is located no closer than ten feet to any property line to allow a sign within zero feet of a property line. The fourth variance is from Subsection 5.06.06.Z. of the LDC which prohibits any sign which publicizes an activity not conducted on the premises upon which the sign is maintained to allow an off-premises sign. The fifth variance is from Subsection 5.06.06.AA. of the LDC which requires that no sign shall be placed or permitted as a principal use on any property, in any zoning district. The subject property is located at the southwest corner of Piper Boulevard and Palm River Boulevard, in Section 23, Township 48 South, Range 25 East, Collier County, Florida. (CTS) Resolution 2009-23 F. This item reauires that aU participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-13391, Bishop Frank J. Dewane, Diocese of Venice, represented by Margaret Perry, AICP, of Wilson Miller, Inc., and Bruce Anderson, Esquire, of Roetzel & Andress is requesting a Conditional Use expansion in the Residential Multi- family (RMF-12) zoning district pursuant to Collier County Land Development Code Subsection 2.03.02.C.1.c. The proposed Conditional Use will supplement the existing Resolution Numbers 98-173 and 04-220 by adding four (4) lots to be used for church and school related uses including but not limited to a chapel, church/school related offices, religious goods store (not to exceed two thousand (2000) square feet), priests residences, and parking for church and school uses. The subject property is located at 5280 28th Avenue S.W. and 2780 52nd Terrace SW, in Section 28, Township 49 South, Range 26 East, Collier County, Florida. (CTS) Resolution 2009-24 January 27, 2009 Page 22 18. ADJOURN - Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. January 27, 2009 Page 23