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Agenda 04/28/2009 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0...,,\11,....,.. ,,...,.,. , '~ ';:"1 ,. ()/'.~ )-. AGENDA April 14, 2009 9:00 AM Donna Fiala, BCe Chairman Commissioner, District 1; CRAB Vice Chairman Fred W, Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Frank Halas, BCe 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," ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M, 1 of 12 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 10, 2009 - BCCIRegular Meeting C. March 11, 2009 - District 1 Town Hall Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. 5 Years Public Vehicle Advisory Committee Russell Berghuis Tony Marino 2. 10 Years- Educational Facilities Authority Ross P. Obley John Agnelli Barbara Minch-Rosenberg Alice J. Carlson 4. PROCLAMATIONS A. Proclamation designating April 22, 2009 as Earth Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Director, Joe Bellone, Revenue Services Manager, Utility Billing and Customer Service and Ray Smith, Pollution Control Director. B. Proclamation designating April 22, 2009 as Conservancy of Southwest Florida Green Campus Day. To be accepted by Keith Callaghan, Development Director, Conservancy of Southwest Florida. C. Proclamation encouraging each and every Collier County parent and adult to be called upon to BE THE WALL between their teen and alcohol; to be clear, be firm, and be consistent when talking about alcohol. To be accepted by Marla Ramsey, Helen Athan and Maribel De Armas on behalf of Drug Free Collier. D. Proclamation designating April, 2009 as Sexual Assault Awareness Month. To be accepted by Dana MacMillan, Director of Advocacy, Gissa Infante, AdvocatelPrevention Educator and Shaina Hicks, Legal Advocate/Counselor. E. Proclamation designating April 12, 2009 through April 18, 2009 as Collier County Animal Control Officer's Week. To be accepted by Amanda Townsend, DAS Director, and Collier County Animal Control Officers. F. Proclamation designating April 19, 2009 through April 25, 2009 as National Volunteer Week In Collier County. To be accepted by Brian Kelly, RSVP Project Director, the volunteer coordinators of the Public Services Division and their volunteers. G, Proclamation designating the week of April 12, 2009 through April 18, 2009 as National Telecommunicator's Week In Collier County. To be accepted by Chief Greg Smith and Commander Bill Rule from the Collier County Sheriffs Office. 2 of 12 5. PRESENTATIONS A. Recommendation to recognize Claudine Auclair, Principal Planner, Transportation Planning, as Employee of the Month for March 2009. B. Presentation of Platinum Safety Award to Collier County MedFlight Division. 6. PUBLIC PETITIONS A. Public petition request by Michael Schuman to discuss SCORE's services to support small business facing economic difficulties. B. Public petition request by Todd Strausbaugh to discuss stormwater management system requirements at 20 Pelican Street East C. Public petition request by Barry Goldmeier to discuss impact fee deferral for affordable apartment development in Immokalee. D. Public petition request by Edward Bakay to discuss unsafe vehicular traffic on Frangipani Avenue and Dove Tree. E. Public petition request by William McDonough, Esq. to discuss the Palm River Estates Unit No. 5 NorthlSouth Stormwater Improvements. (This item to be heard in conjunction with Item 10B.) Item 7 and 8 to be heard no sooner than 1:00 D.m" unless otherwise noted. 7, BOARD OF ZONING APPEALS A. This item requires that anyone who wishes to participate shall be sworn in. ZL TRA-2009-AR- 14174 Mario Castenada represented by Dwight Nadeau of RWA, Inc., is requesting an appeal of ZLTR-2008-AR-13025. The applicant proposed to open a retail clothing store in the Mir Mar PUD (Ordinance No. 98-72) but the Directors found the use was not allowable per the Golden Gate Area Master Plan and the Mir Mar PUD. The subject property is located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. 8, ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. B. Appointment of member to the Parks and Recreation Advisory Board, C. Appointment of members to the Contractors Licensing Board. D. Discussion regarding the recommendation of the Productivity Committee that the Board of County Commissioners explore Charter Government to achieve significant cost-savings through the consolidation of major functions (Commissioner Coyle), 3 of 12 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners (BCC) direct staff on the preferred process to be used to administratively extend the sunsetting date for all PUDs that have sunsetted or that are approaching its established sunsetting date. (Joseph K, Schmitt, Administrator, CDES) B. Recommendation to award Bid #09-5199 including Alternate No.1 for construction of Palm River Estates Unit 5 N-S Stormwater Improvements, Project No. 510301, to Stahlman - England Irrigation, Inc. in the amount of $348,269.11 plus a ten percent contingency and approve necessary budget amendment. (Jerry Kurtz, Principal Project Manager) C. This item to be heard at 11 :30 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., RealtyNet Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The Developers) and Collier County to fund construction improvements to the intersection of US-41 and SR/CR-951. (Nick Casalanguida, Transportation Planning Manager) D. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve budget amendments associated with proposed midyear FY 2009 budget reductions totaling $7,235,800 within the General Fund (001) due to anticipated reductions in actual property tax receipts, state shared revenues and sales tax revenue. E. Recommendation to approve the Report and Recommendations of the Productivity Committee relating to their study and evaluation of the methodology, reasonableness, and competitiveness of the invoices received from the Clerk. (Len Price, Administrative Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, APRIL 14, 2009, ata time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation case of Board of County Commissioners v, Dwight E. Brock, Clerk of Courts, Case No. 07-1056- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 4 of 12 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Players Cove. 2. To accept final and unconditional conveyance of the water and utility facility for Alden Woods. 3. Recommendation to approve final acceptance of the water and sewer utility facility for Moorgate Point. 4. To accept final and unconditional conveyance of the water utility facility for Omni II. 5. To accept final and unconditional conveyance of the water utility facility for Millers Alehouse at The Promenade at Naples Centre. 6. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bristol Pines, Phase I with the roadway and drainage improvements being privately maintained. 7. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bel/agio at Fiddlers Creek with the roadway and drainage improvements being privately maintained. 8. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn. Recommendation to approve for recording the final plat of Alligator Alley Commerce Center Phase Two. 9. Recommendation that the Board of County Commissioners (Board) approve a Stormwater Management Release statement to fulfill a requirement of the Youth Haven SDP approval. 10. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in, Recommendation to approve for recording the final plat of Cortile at Mediterra Parcel 118 Replat. 11, This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in, Recommendation to approve for recording the final plat of Heritage Bay, Lions Bay Court Replat. 12. Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Boards Rules and Regulations. 13. Recommendation to accept a proposed settlement offer providing for Compromise and Release of Lien in the Code Enforcement Action relating to property located at 2946 45th Avenue NE, Collier County, Florida. 50t 12 B. TRANSPORTATION SERVICES 1. Recommendation to approve an Easement Agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 1626RDUE) required for the Vanderbilt Beach Road Extension Project. (Project No. 60168 - Phase II.) Estimated Fiscal Impact: $8,600.00. 2. Recommendation that the Board of Collier County Commissioners approve award of Bid #09- 5161, Purchase and Delivery of Metal and Polyethylene Pipe to Ferguson Waterworks, Coast Pump and Supply Co., Contech Construction Products, Inc., HD Supply Waterworks Inc. and Metal Culverts, Inc, for an estimated annual expenditure of $50,000. 3. Recommendation to recognize and accept revenue for Collier Area Transit in the amount of $23,900.00 and to approve needed budget amendments, 4. Recommendation to approve a budget amendment in the amount of $57,349.72 for Traffic Accident Reimbursements, project #60076.1, and to recognize revenues for future repairs. 5. Recommendation that the Board of County Commissioners reject Bid #09-5218 Golden Gate Overpass (Bears Paw Trail to Livingston Road) Landscape Maintenance. 6. Recommendation to award Bid #09-5089 "Lely Golf Estates MSTU Roadway Grounds Maintenance" to Florida land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. in the estimated annual amount of $75,233.00, 7. Recommendation to award Bid #09-5189 Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration to Earth Tech Enterprises, Inc. in the amount of $122,450.00 8. Recommendation to approve the purchase of 5 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. ($150,950) 9. Recommendation to Award Bid #09-5185 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. 10. Recommendation that the Board of Collier County Commisioners approve award of Bid #09- 5173, Landcare Services for Road and Bridge to Caribbean Lawn & Garden of SW Naples FL, Inc. and M&B Lawn Maintenance Services, Inc, for an estimated annual expenditure of $300,000, 11. Request for authorization for staff to bring to the Board a proposed amendment to Ordinance No. 92-40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, to expand the boundaries to match the urban boundary within current Immokalee Community Redevelopment Agency (ICRA) boundaries. 12. Recommendation for the Board of County Commissioners to approve expenditures for capital improvements within the Naples Production Park and Pine Ridge Industrial Park Municipal Service Taxing Units (MSTUs), 13. Recommendation to approve Amendment to February 24, 2009, Memorandum of Agreement between Florida Department of Environmental Protection (FDEP), through its Office of Coastal and Aquatic Managed Areas (CAMA), and Collier County; and to approve an initial work order for $299,012.00 on a project to not exceed $500,000.00 in available grant funds to be reimbursed to the County by FDEP to make hydrologic restoration improvements on Shell Island Road. 6 of 12 C. PUBLIC UTILITIES 1. Recommendation to approve a Work Order under Contract 07-4088 Trenchless Sewer System Rehabilitation Contracting Services in the amount of $692,225.00 to Miller Pipeline Corporation to complete the rehabilitation of the sewer lines in North Naples (Area 1-4); Project 73050. 2. Recommendation that the Board of County Commissioners approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant, School Beverage Container Recycling Challenge Program grant agreement IG8-07, from the Florida Department of Environmental Protection (Grant Agreement) to recognize the signature of the current Chairrnan of the Collier County Board of County Commissioners (BCC). 3. Recommendation that the Board of County Commissioners approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant, Collier County Seasonal and Year Round Business How to Recycle Videos grant agreement IG8-09, from the Florida Department of Environmental Protection to recognize the signature of the current Chairman of the Collier County Board of County Commissioners (BCC). 4. Recommendation to approve a Resolution of the Board of County Commissioners, expressing opposition to proposed Florida House Bill 5121, which would impose a new solid waste disposal "tipping fee" of $1.25 per ton on any owner of a permitted solid waste facility for solid waste disposed at the disposal site. D. PUBLIC SERVICES 1. Recommendation for the Board of County Commissioners to accept funding from South Florida Water Management District (SFWMD) in the amount of $20,000.00 for the Florida Yards & Neighborhood Program managed by the Collier County University of FloridallFAS Extension Department, and approve a budget amendment in the amount of $20,000.00. 2. Recommendation that the Board of County Commissioners approves and authorizes the Chairrnan to sign, five (5) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. 3. Recommendation to authorize acceptance of the conveyance of a Sovereignty Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Collier Boulevard Boating Park at a total cost not to exceed $129.00, Project 800711. 4. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #08DB-D3-09- 21-01-A03 between the Florida Department of Community Affairs (DCA) and Collier County for hurricane hardening projects. 5. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, eight (8) owner-occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. 6. 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. 7. Recommend that the Board of County Commissioners approve and authorize the Chairman to sign an Interlocal Agreement for Beach Maintenance between Collier County, the City of Marco Island, and Hideaway Beach District. 7 of 12 8. Recommendation that the Board of County Commissioners award bid # 09-5221, Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc. in the amount of $344,259.00 to provide replacement homes using Disaster Recovery Initiative funds to four (4) citizens whose homes were severely damaged as a result of Hurricane Wilma. 9. Recommendation for the Board of County Commissioners to award RFP No. 08-5128 for the provision of Pharmacy Services for the Social Services Program to Sunshine Pharmacy, Inc. and Collier Health Services. 10. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #07DB-3V-09- 21-01-Z01 between the Florida Department of Community Affairs (DCA) and Collier County for hurricane hardening projects delayed due to permitting issues. This modification will update work schedules on file with the DCA for each project with this grant. 11. Recommendation for the Board of County Commissioners to approve the award of Bid #09- 5163 to the lowest qualified and responsive bidder Professional Building Systems, for the construction contract of the Conner Park parking lot Expansion Project #90039.1 for $180,419.00. E. ADMINISTRATIVE SERVICES 1. Recommendation that the BCC recognize the receipt of $11.89 from Nationwide Retirement Solutions and authorize the Human Resources Department to accept future similar settlement checks. 2. Recommendation that the Board of County Commissioners adopt a resolution supporting the creation of a specialty license plate that would recognize the contributions of West Point graduates and enlighten others with an awareness of the educational and career opportunities that West Point offers. 3. Recommendation to approve the Milano Preserve Final Management Plan under the Conservation Collier Land Acquisition Program 4. Recommendation to approve a Resolution authorizing the Chairman of the Board of Collier County Commissioners (BCC) to execute a Statutory Deed for the conveyance of County- owned property (mobile home sites) within the BayshorelGateway Community Redevelopment area to the Collier County Community Redevelopment Agency (CRA); and waive any code enforcement penalties levied against the property that are not associated with costs incurred by the County Code Enforcement Department to abate the violations: Site Address 3155 & 3175 Karen Drive. (Companion to Item 16G5) 5. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 6. Correct Scrivener's Error in Purchasing Policy regarding the hiring of legal experts and consultants pertaining to on-going litigation. F. COUNTY MANAGER 1. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 2, Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of a Seminole Indian Gaming Compact which includes a revenue sharing agreement with affected local governments that would provide five (5) percent of casino revenues directly to affected local governments to offset impacts to infrastructure. 8 of 12 3, For the Board of County Commissioners to approve the submittal of a Grant Application to Visit Florida in the amount of $5,000 to offset some of the cost of a Cultural Arts brochure for Collier County and authorize the Tourism Director to sign the grant application. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommend the Collier County Community Redevelopment Agency Board review and approve the Bayshore Gateway Triangle CRA Goals and Objectives for 2009, 2. Recommendation that the Board of Collier County Commissioners acting as the governing body of the Bayshore Beautification Municipal Services Taxing Unit (MSTU) approve a Resolution accepting the donation of plant materials from American Farms for the beautification of public right-of-ways within the Bayshore Beautification Municipal Service Taxing Unit Area. 3. Request that the Collier County Redevelopment Agency Board approve the attached Commitment of Funds Agreement for the reimbursement of $300,000.00 for infrastructure development costs to Florida Non Profit Services, Inc, for the rental housing portion (176 rental units) ofthe affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. 4. Request that the Collier County Redevelopment Agency Board approve the attached Commitment of Funds Agreement for the reimbursement of $300,000,00 for infrastructure development costs to Empowerment Alliance of Southwest Florida Community Development Corporation for the homeownership portion (62 owner occupied units) of the affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. 5. Recommendation that the Community Redevelopment Agency (CRA) accept the conveyance of County-owned property (mobile home sites) within the boundaries of the Bayshore/Gateway Triangle Redevelopment area to enact the residential infill provision of the CRAs Master Redevelopment Plan; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site address 3155 & 3175 Karen Drive. (Companion to Item 16E4) H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended an Event Honoring Jonathan Green on March 23, 2009 at the Naples Bay Resort Yacht Club in Naples, FL. $50.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Know Your County Government Luncheon on March 24, 2009 at the East Naples United Methodist Church in Naples, FL. $10,00 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Junior Deputies Barbeque on April 18, 2009 at the East Naples United Methodist Church in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Project Innovation Initiatives luncheon meeting on Wednesday, March 18, 2009 at the Economic Development Council(EDC)office in Naples, Florida $6.00 to be paid from Commissioner Coletta's travel budget. 9 of 12 5. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Annual Meeting of the Everglades Society for Historic Preservation on Tuesday, March 3, 2009, at the Seafood Depot in Everglades City, Florida, $12,49 to be paid from Commissioner Coletta's travel budget 6. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the celebration of The Gordon River Greenway on Wednesday, April 8, 2009, at The Plaza on Third Street South in Naples, Florida. $50.00 to be paid from Commissioner Halas' travel budget 7. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose, Attended the 2009 Gala & Auction for the Foundation for the Developmentally Disabled on Saturday, February 21, 2009, at the Naples Beach Hotel & Golf Club in Naples, Florida. $125,00 to be paid from Commissioner Coletta's travel budget I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of March 14, 2009 through March 20, 2009 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of March 21, 2009 through March 27, 2009 and for submission into the official records of the Board. 3. Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. 4. Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for the United States Department of Justice (DOJ), Office of Justice Programs', Bureau of Justice Assistance (BJA), American Recovery and Reinvestment Act of 2009 (The "Recovery Act") Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the grant when awarded, approve applicable budget amendments, and approve the Collier County Sheriffs Office to receive and expend the $547,316 payment of Recovery Act JAG Grant Funds, 5. Recommendation that the Board of County Commissioners of Collier County approve a Budget Amendment for Election Services pertaining to services and voting equipment used by the Golden Gate Fire Control and Rescue District in connection with a special election to be held on May 12, 2009. 6, To obtain Board approval for disbursements for the period of March 28, 2009 through April 3, 2009 and for submission into the official records of the Board. K, COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment in the amount of $154,900 for Parcels 110 & 710 in the lawsuit styled Collier County v. Regions Bank, et al., Case No. 07-3641-CA (Collier Boulevard Project #60001). (Fiscal Impact $ .00.) 2. Recommendation to approve a Stipulated Final Judgment in the amount of $75,000 for Parcels 123 and 823 in the lawsuit styled Collier County v. John J. Yaklich, et. aI., Case No. 03-2259-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $115,825.) 10 of 12 3. The Office of the County Attorney submits for the Boards review Jerry Blocker and Kimberlea Blockers Offer of Judgment in Case No, 08-9355-CA, pending in the Twentieth Judicial Circuit in and for Collier County. The County Attorney recommends that the Board take no action on this Offer. 4. Recommendation that the Board of County Commissioners accepts a Settlement Offer in the sum of $840,125.04, and authorize the Chairman to execute a Settlement Agreement, Release and Satisfaction, a Release of Lis Pendens, and a Conveyance of Contract Rights with and to LEHMAN HOUSING TAX CREDIT FUND VII, L.P., that settles in full the litigation styled as Board of County Commissioners v, CEIIKensington, et al. 08-07625-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, direct all the documents to be recorded in the Official Records of Collier County, Florida, and direct the County Attorney to take whatever additional action is necessary to implement this Settlement. 5. Request that the Board of County Commissioners review and approve the County Attorneys recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch, 112, Florida Statutes. 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 by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition AVESMT-2008-AR-14016, Fiddlers Creek Phase 4, Unit 2, to disclaim, renounce and vacate the Countys and the Publics interest in two 15-foot wide drainage easements along the lot lines of Lots 7 & 8 and Lots 13 & 14 in Block A, of Fiddlers Creek Phase Four, Unit Two as filed in Plat Book 45, Pages 40-47 of the Public Records of Collier County, Florida, being more specifically depicted and described in Exhibit A and to accept three replacement drainage easement areas over Lots 6 & 7 and 14 & 15 and Lot 22, Block A as shown on Exhibit B, all being situated in Section 11 and 14, Township 51 South, Range 26 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2008-AR-13664 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc" is requesting three (3) sign variances. The first sign variance is from Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 32 +/1 square foot off-premise sign. The second variance is from LDC Subsection 5,06,04 C.16.b.v. which requires a sign to be located within 1,000 lineal feet of the intersection of the road serving the use to allow greater distances of up to 6,000 lineal feetfor up to 10 uses. The third sign variance is from LDC Subsection 5.06.04 C,16.c which requires a sign to be located to no closer than 50 feet from a residentially zoned district to allow a lesser distance of 23 feet. The subject property is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. 11 of 12 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, SV-2008-AR-13665 Port ofthe Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from LDC Subsection 5.06.04 C,16.b.i. which allows a maximum sign area of 12 square feet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject property is located in the Port ofthe Islands atthe intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (CTS) D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: SV-2008-AR-13960 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Subsection 5.06.04 C,16.b.i., which allows a maximum sign area of 12 square feet, to allow an 18-square foot off-premise sign at the Port of the Islands in the median of Cays Drive (south of U. S, 41) 18 S.F. in area with sign copy and logo designation the Port of the Islands Cays Drive. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U, S. 41) and Cays Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (CTS) E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. F, Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), by eliminating term limits and the restrictions on simultaneous service on more than two County Boards, and in addition, deleting the provision entitled "Review of Boards" in its entirety. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. 12 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA April 28, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman Fred W. Coyle, BeC Vice- Chairman Commissioner, District 4 Jim Colella, BCC Commissioner, District 5; CRAB 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." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Dennis Harten, St. Elizabeth Seton Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 10, 2009 - BCCIRegular Meeting e. Amendment to the previously approved March 10, 2009 minutes to correct the transcript to comments made by Laurie Mitchell during public comment that read on two occasions: "My neighbor seems unstable" that should read "My neighbor seems unstoppable." D. March 24, 2009 - BCCIRegular Meeting E. March 27, 2009 - BeCIAirport Authority Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation congratulating Mario Lanciani, CEO; Jack Morgan, Project Manager; Clay Cross, Project Engineer; Carla Morgan, and all the staff of Astaldi Construction Corporation for their outstanding green business practices and continued efforts to promote waste reduction and recycling. Their green team promotes environmental awareness and sets a positive example for others. Their initiatives will have a significant effect on sustaining the usable life of the Collier County Landfill and protecting the environment. B. Proclamation designating May, 2009 as Motorcycie Safety Awareness Month. To be accepted by Russ Ueeck, President. Gator Alley ehapter, Darrin Brooks, Secretary and Legislative Trustee, Gator Alley Chapter, Tina Loy, State Delegate, Gator Alley Chapter, Rick Loy, State Delegate, Gator Alley Chapter and Dave Rich, PR Trustee, Gator Alley Chapter. C. Proclamation designating April 28, 2009 as Norman Nadel Day, in celebration of Older Americans Month. To be accepted by Norman Nadel. D. Proclamation congratulating Collier County Health Department and Collier County CDES Departments for their exemplary efforts in striving to make the Immokalee Housing Initiative the success it has been. To be accepted by Dr. Joan Colfer, Nancy Frees, Kitchell Snow and the team from Immokalee Code Enforcement, Alamar Finnegan, and Wanda Warren. E. Proclamation designating May 8, 2009 as the 85th anniversary of the date Collier County was created. To be accepted by Browns and Roberts Family members from Immokalee, Storters from Everglades, John Morgan, Marco Island, Collier family representatives from Mile's side and Judy's side, Sam Colding for HWY 29, Lavern Norris Gaynor, and Mary Watkins, NBYH Ambassador honoring these pioneering families. F. Proclamation designating May 3rd through May 9th, 2009 as Collier County Firefighter Appreciation Week. To be accepted by Jim Squilleri, MDA Coordinator, Golden Gate Fire Department. G. Proclamation designating May 6 through May 12, 2009 as National Nurses Week 2009. To be accepted by Karleen Hanna, Carolyn Kloosterhouse, Pat Market, Denise McNulty, Judy Nuland, Jackie Perrine and Elaine Wade. N. Prociamation designating May i7 through May 23, 2009 as Nationai Association of Insurance Women Week. To be accepted by Belinda Zivich. I. Proclamation designating May, 2009 as Jill and Dan Burzynski Month in recognition of their unique scholarship program linking Naples High School students with area assisted living facility residents. To be accepted by Jill and Dan Burzynski. J. Proclamation designating Tourism Week in Collier County. To be accepted by Jack Wert. K. Proclamation designating April 26, 2009 through May 2, 2009 as Collier County Crime Victims' Rights Week. To be accepted by Lorie Eash, Collier County Sheriff's Office, Shaina Hicks, Project Help and Belly Ardaya, State Allorney's Office. 5. PRESENTATIONS A. Project Manager, Jack Morgan of Astaidi Construction Corporation will provide updated information on the construction of a new 6-lane highway between Rattlesnake Hammock Road and Davis Blvd. linking Polly Avenue to the existing Santa Barbara Boulevard. Project includes roadwork, utility lines, streetlighting, sidewalks, drainage ponds, and LASIP canal work. 6. PUBLIC PETITIONS A. Public petition request by Jane Billings of the Leadership Council on Aging, and Kathleen Passidomo of the Senior Friendship Center, to discuss lease of the Golden Gate Library. B. This item to be heard in conjunction with Item 8e. Public petition request by Linda Griffin to discuss permilling requirements for as-buills of underground facilities. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007 -AR-11546 Longshore Lake Foundation, Inc., represented by Robert L. Duane, AICP of Hole Montes, Inc., requesting a Planned Unit Development (PUD) Amendment to Longshore Lake PUD Ordinance No. 93-3, Section 3.2 B. to allow an off premise sign for Saturnia Falls (aka Terafina PUD) in Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-site premise sign to become an on-site premise sign for Longshore Lake; to reinsert partially omilled Traffic Requirements: Section 5.2, Stipulations subsection 2; to reinsert omilled Traffic Requirements: Section 5.2, Stipulations subsections 3 and 4; and to add Section 8: Deviations. The subject sign is located on a .5 acre property located on the southeast corner of the Longshore Lake PUD, at the northwest corner of the intersection of Immokalee Road (eR 846) and Logan Boulevard in Section 20, Township 48 South, Range 26 East, Collier County, Florida. (CTS) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-A-2007-AR-12046: 1M Collier Joint Venture, represented by Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., and Wayne Arnold, of Q. Grady Minor and Associates, is requesting a rezone of the Mirasol PUD from the Planned Unit Development (PUD) zoning district to the Residential Planned Unit Development zoning district (RPUD) to remedy the sunselled status of the project in compliance with LDC Section 10.02.13.D.6. The number of dwelling units originally approved, 799 dwelling units, is not proposed to change. Ordinance No. 01-20 will be repealed and a five acre tract will revert to Agricultural zoning. The subject 1,543 acre tract is located on the north side of Immokalee Road, bordered on the east by Broken Back Road and future Collier Boulevard in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida. (CTS) C. This item to be heard in conjunction with Item 6B. Recommendation that the Board of County Commissioners approve amending Ordinance No. 2003-37 (Construction in the Public Rights- of-Way), as amended. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Health Facilities Authority. B. Appointment of members to the Collier County Coastal Advisory Commillee. C. Appointment of member to the Collier County Code Enforcement Board. D. Appointment of member to the Haldeman Creek Maintenance Dredging Advisory Commillee. E. Appointment of members to the Horizon Study Oversight Commillee. F. Appointment of members to the Land Acquisition Advisory Commillee. G. Appointment of member to the Water and Wastewater Authority. H. Appointment of member to the Library Advisory Board. 10. COUNTY MANAGER'S REPORT 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Community Redevelopment Agency (CRA) to approve the purchase of an assemblage of commercial property located in the Gateway Triangle Redevelopment Area; authorize the eRA Chairman to execute the ieal estate contract; authorize the Executive Director to coordinate with appropriate entities to secure and structure financing to complete the sale of subject property. Site address: 6.29 acres within the Gateway mini-triangle.(Fiscal Impact $7,500,000)(Jean Jourdan,Project Manager,Bayshore Gateway Triangle). 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ----------------------------------------------------------.-----------------------.--------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Bristol Pines, Phase 1. 2. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11. 3. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Unit Two, Park of Commerce with the roadway and drainage improvements being privately maintained. 4. Recommendation to award Bid # 09-5193, Nuisance Abatement Services, to Neals Lawn and Landscaping, Inc. and Environmental Mowing, Inc., in the estimated combined annual amount of $100,000. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of 2.5 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $69,544.00). 2. Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. 3. Recommendation to award a construction contract to Engineer eontrols System Corp., for Bid No. 09-5176 Goodland Bridge (030184) Repairs and Scour Remediation Project (CR 92 over Marco Channel), in the amount of $542,998.20. Project 66066. 4. Recommendation that the Board of County Commissioners give after-the-fact approval for the attached Water Savings Incentive Program grant application that was submilled to the South Florida Water Management District (SFWMD) Agency for a Water Source Conversion Project from Potable to Irrigation Quality Water in the amount of $158,733.75. 5. Request for authorization for the County Manager or his designee to bring to the Board a proposed amendment to Ordinance 91-107, as amended, which created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (MSTU), to amend the MSTUs Ordinance to include providing for the installation of sidewalks and to address beautification within its boundaries. 6. Recommendation to approve a local governmental agreement with the South Florida Water Management District (SFWMD) involving a contribution of funds by the SFWMD totaling an amount not to exceed $50,000.00 to provide assistance with construction of the Conservancy of Southwest Florida, Inc.s (Conservancy) filter marsh project, which is adjacent to the Gordon River Greenway Park, and to approve an agreement with the Conservancy whereby the County will act as an agent between the SFWMD and the Conservancy for disbursement of funds on the project and approve the necessary budget amendment. C. PUBLle UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for the Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $28.50 to record the Satisfaction of Lien. 2. Recommendation to approve the Identity Theft Prevention Program for the Collier County Water- Sewer District utility pursuant to a ruling by the Federal Trade Commission requiring water utilities among financial entities that must have a wrillen plan in place by May 1, 2009. 3. Recommendation to approve the purchase and installation of two clarifier mechanisms from Mitchell and Stark Company, Inc. in the amount of $419,355.00 for the North County Water Reclamation Facility (NCWRF) Technical Support Project, Number 73968. 4. Recommendation to approve Schedule B of the Master Agreement for Demand Side Management and Energy Efficiency Services Agreement with Florida Power & Light Company for the implementation of specific energy conservation options/measures, and to authorize the needed financing in the amount of $351 ,812. Authorization is also requested for Public Utilities Division expanded partnering with Florida Power & Light Company; and the added participation in this program by other county divisions. D. PUBLIC SERVICES 1. Recommendation to Award Bid 09-5168 Expendable Veterinary Supplies and Equipment to three vendors including Fort Dodge Animal Health Services, MWI Veterinary Supply and TW Medical Veterinary on a line-by-Iine basis with an estimated annual expenditure of $151,400. 2. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #07DB-3V-09- 21-01-Z01 between the Florida Department of Community Affairs (DCA) and Collier County. This modification will add new activities to utiiize grant funds previously awarded St. Matthews house. 3. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2009 - 2010 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpaymentlnitiative (ADDI) and Emergency Shelter Grant (ESG) Programs; authorize the BCC chairman to sign the approved resolution, contract templates required HUD Certifications, SF 424 Application for Federal Assistance, and submission to HUD. 4. Recommendation that the Board of County Commissioners approve the after-the-fact submillal of a grant application for the East Naples Community Center to the Hazard Mitigation Grant Program. 5. Recommendation that the Board of County Commissioners award bid #09-5221, Modular Homes for Housing and Human Services, to Idyll Construction, Inc. in the amount of $344,259.00 to provide replacement homes using Disaster Recovery Initiative funds to four (4) households whose homes were severely damaged as a result of Hurricane Wilma. 6. Recommendation for the Board of County Commissioners to approve budget amendments totaling $77,999 to recognize additional funding awarded from the Area Agency on Aging under the Older Americans Act grant and authorize eligible expenditures prior to the execution of the amendment. 7. Recommendation to approve budget amendments totaling $18,465 to recognize additional revenue awarded in the Services for Seniors program from the Area Agency on Aging for the Stat.e of Florida General Revenue programs and authorize eligible expenditures prior to the execution of the amendment. E. ADMINISTRATIVE SERVICES 1. Recommendation to rejectlTB 09-5191 for Court Reporting Services, and extend current Bid 04- 3685 for 180 days or until a new bid is awarded. 2. Recommendation that the Board of County Commissioners ratify a deletion from the 2009 Fiscal Year Pay and Classification Plan made from January 2,2009 through March 31,2009. 3. Recommendation to award Request for Quote (RFQ) # 07-0358 for the installation and repair of fencing in various locations in Collier County. 4. Recommendation to approve a leller authorizing Emergent Development Group, Inc. and Emergent Development Group II, LLC, to include a County-owned property in their application to amend the Countys Growth Management Plan to add property to the existing Randall Boulevard Commercial Subdistrict, Petition No. CP-2008-2. 5. Recommendation that the Board of County Commissioners approves an Agreement to provide an expenditure not to exceed Fifty-Four Thousand and noll00 dollars ($54,000.00) from the GAC Land Trust Fund to the Golden Gate Fire Control and Rescue District for the purchase of sixteen Mobile Data Terminals. 6. Recommendation that the Board of County Commissioners approves an Agreement to provide an expenditure not to exceed Fifty thousand three hundred seventy and no/l00 dollars ($50,370.00) from the GAC Land Trust Fund to the Big Corkscrew Island Fire Control and Rescue District for the purchase of six Mobile Data Terminals. 7. Report to the Board of County Commissioners concerning the sale and donation of items associated with the County surplus auction held on March 28, 2009, resulting in gross revenues of $537,062.00. F. COUNTY MANAGER 1. Recommendation to approve and authorize the Chairman to sign a Modification to the Fiscal Year 2009 Emergency Management Preparedness and Assistance Grant accepting $18,834 and approve a Budget Amendment to recognize and appropriate the revenue. 2. Recommendation to adopt a resolution approving budget amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 3. Recommendation that the Board of County Commissioners give after-the-fact approval for Collier County Governments Participation in a Partner Agreement to be included with the Grant Proposal that was Submitted by the eollier County School District for a Readiness and Emergency Management for Schools Grant offered by the United States Department of Educations Office of Safe and Drug Free Schools. 4. Approve budget amendments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to award RFP #09-5154 to RWA, Inc. for the purpose of updating the Bayshore Gateway Triangle CRA Redevelopment Plan and mixed use overlays (Fiscal Impact $263,500) 2. To approve and execute a Commercia! Building Improvement Grant Agreement(s) bePNeen the Collier County eommunity Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle eommunity Redevelopment area (3185 Van Buren Avenue). 3. Recommendation that the Collier County Board of County Commissioners approve and authorize its Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into Master Joint Participation Agreement2009-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport, and approve associated budget amendments. 4. Recommendation that the Board of County Commissioners approve and authorize the Airport Authority to utilize $140,700.99 from the Immokalee Infrastructure Fund 497 for the reconstruction of the T-hangar building at the Everglades Airpark damaged by Hurricane Wilma, and associated budget amendments. Federal Aviation Administration entitlement funds for Everglades Airpark will be transferred to the Immokalee Regional Airport for infrastructure projects to replace the funds used for hanger reconstruction at the Everglades Airpark. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Allended the Boy Scouts toast for Leadership _ Wine and Food Festival Fundraiser on Saturday, March 21, 2009, at the Bayfront in Naples, Florida. $50.00 to be paid from Commissioner Colella's travel budget. 2. eommissioner Colella requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Allended the Eastern Collier Chamber of Commerce Breakfast on Wednesday, April 1 , 2009, at the Seminole Casino in Immokalee, Florida. $20.00 to be paid from Commissioner Colella's travel budget. 3. eommissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Allending and speaking at the Leadership Collier "Campaign for Leadership" on April 24-25, 2009 at The Greater Naples Chamber of Commerce Building in Naples, Florida. $35.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Colella requests Board approval for reimbursement regarding allendance at a function serving a valid public purpose. Allended the Migrant Matrix X meeting on Friday, October 3, 2008, in Immokalee, Florida. $25.00 to be paid from Commissioner Coletta's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement regarding allendance at a function serving a Valid Public Purpose. Allended the Italian American Club Neapolitan Night on February 22, 2009 at the Italian American Club in Naples, FL. $45.00 to be paid from eommissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement regarding allendance at a function serving a Valid Public Purpose. Allended the Rotary Club of Marco Island Spirit of Marco Island Awards on April 17, 2009 at the San Marco Catholic Church Parish Hall on Marco Island, FL. $45.00 to be paid from Commissioner Fiala's travel budge!. 7. Commissioner Halas requests Board approval for reimbursement regarding allendance at a function serving a valid public purpose. Allended a luncheon with members of the Pelican Bay Club Board of Directors on Tuesday, March 3, 2009, at the Pelican Bay Club in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. 8. Commissioner eoletta requests Board approval for reimbursement regarding attendance at a function serving a vaiid public purpose. Allending the Annual Dinner Meeting and Installation of Collier County Medical Staff Officers on Saturday, May 9, 2009 at Grey Oaks Country Club in Naples, Florida. $50.00 to be paid from Commissioner Colella's travel budget. 9. Proclamation designating May 7, 2009 as National Day of Prayer. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners approve a document for the Thirteenth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2. Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2008 through March 31, 2009. 3. To obtain Board approval for disbursements for the period of April 4, 2009 through April 10, 2009 and for submission into the official records of the Board. 4. To obtain Board approval for disbursements for the period of April 11, 2009 through April 17, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Report on status of Board direction to initiate code enforcement proceedings against Milano Recreation Association, Inc., in relation to their refusal to allow residents of Imperial Golf Estates to access Livingston Road, as agreed to in the PUD rezoning for Royal Palm Academy PUD. 2. Recommendation that the Board of County Commissioners waive the potential appearance of conflict in the retention of Gregory H. Woods, Esq., as lead counsel for Collier County in the case styled G.L. Homes of Naples Associates II, Ltd. vs. Collier County, Case No. 09-2451-CA, in the Twentieth Judicial Circuit in and for Collier County. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION. OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Indexing Methodology Study, dated March 11, 2009, which is an amendment to the adopted Collier County Impact Fee Indexing Study; amending Schedules Five through Ten of Appendix A by applying the indexing percentages and thereby establishing the new impact fee rates and re-organizing the layout of the schedules to a user- friendly format; providing for re-organization of Schedules One, Three and Four in order to provide more user-friendly format; and providing for a delayed effective date of July 27, 2009, in accordance with the 90~day notice period required by Section 163.3i801 (3)(d), Florida Statutes and the direction provided by the Board on March 24, 2009 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2008-AR-14017 Merit Petroleum Company, represented by Bert Thomas, is requesting five Variances from the minimum 50-foot front yard setback requirement of Land Development eode (LDC) Subsection 5.05.05, Automobile Service Stations, for two gasoline pump dispenser islands and a canopy in the General Commercial (C-4) and Main Street Overlay Subdistrict (MSOSD) to allow a reduced setback along West Main Street to 48 feet and 31 feet for the dispenser islands and 38 feet for the canopy; and along 7th Street South to 33 feet for the westernmost dispenser island and 41 feet for the canopy. The 0.45-acre subject property is located at 617 West Main Street, in Section 4, Township 47 South, Range 29 East, Immokalee, Collier eounty, Florida. CTS C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2008-AR-13977 Tim Chess of McDonalds USA, LLC, represented by Jeffrey Satfield of CPH Engineers, Inc., is requesting a Variance from the landscape requirements of Land Development Code Subsection 4.06.02, Buffer Requirements, in the General Commercial (C-4) and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD), to allow a modification of the required 7.5-foot wide buffer on the western side of the property; and to reduced buffer widths on the propertys northern side from 15 feet to ten feet, the eastern side from 7.5 feet to five feet, and the southern side from 10 feet to five feel. The 0.86-acre subject property is located at 2886 Tamiami Trail East, in Section 11, Township 50 South, Range 25 East, eollier County, Florida.. CTS D. Recommendation to adopt an Ordinance amending Ordinance No. 2001-43 as amended, which created the Vanderbilt Beach Municipal Service Taxing Unit (MSTU), to include providing underground trenching and burial of utility lines from the street or transformer to private residences and, as needed, arranging to locate the burial of such power lines alongside any existing utility easements but excluding the expenditure of MSTU funds for any additional wiring or installation of improvements or upgrades to connect service to residences required by current code or resulting from any other hardware nonconformity. E. Recommendation to adopt a resolution approving budget amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.