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Backup Documents 11/10/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA November 10, 2009 9:00 AM Donna Fiala, BCC 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, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 November 10, 2009 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. 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 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. October 13,2009 - BCC/Regular Meeting Approved as presented - 5/0 C. October 14,2009 - BCC/Legislative Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards Page 2 November 10, 2009 5 Years 1) 2) 3) 4) 5) 6) 7) 15 Years 1) Richard Heers, lmmokalee Enterprise Zone Development Agency Presented Karen Beatty, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Not present Lee Horn, Contractors' Licensing Board Presented Michael Boyd, Contractors' Licensing Board Not present Donna J. Reed, Collier County Planning Commission Not present Jerry Sanford, Collier County Citizens Corps Not present Elizabeth M. Perdichizzi, Historical/Archaeological Preservation Board Presented Stephen B. Greenberg, Golden Gate Estates Land Trust Committee Not present 2) Dalas D. Disney, Development Services Advisory Committee Presented 4. PROCLAMATIONS (One motion taken to Adopt Items #4C through #4F) A. Proclamation designating November 10, 2009 as Lance Corporal Dennis J. Burrow Day. To be accepted by Staff Sergeant Juan Flores and Mr. Jack Mischung. Adopted - 5/0 Page 3 November 10, 2009 B. Proclamation designating November 11,2009 as Veterans Day. To be accepted by Jim Elson, Captain, US Army (Ret)., President, Collier County Veterans Council. Adopted - 5/0 C. Proclamation designating November 20 - 26, 2009 as Farm-City Week. To be accepted by Cyndee Woolley, 2009 Farm City BBQ Chairperson. Adopted - 5/0 D. Proclamation designating November, 2009 as Diabetes Awareness Month. To be accepted by LaVerne Franklin, Black Affairs Advisory Board member. Adopted - 5/0 E. Proclamation designating November 10, 2009 as Keeping Collier Neighborhoods Clean and Safe Day. To be accepted by Brian Davenport, Sarah Davenport and Matthew Hayes. Adopted - 5/0 F. Proclamation designating November 15, 2009 as America Recycles Day in Collier County. To be accepted by staff from Collier County Utility Billing Customer Service, Solid Waste Management Department, Waste Management, Inc. and Keep Collier Beautiful. Adopted - 5/0 5. PRESENTATIONS Continued to the January 26, 2010 BCC Meeting (Per Agenda Change Sheet) A. Presentation on the Youth Resource Center by Sheriff Kevin Rambosk. B. Clay Cross, Project Manager of Astaldi Construction Corporation, will provide updated information on the Santa Barbara Boulevard Extension Project #60091, a 6-lane highway between Rattlesnake Hammock Road and Davis Boulevard linking Polly Avenue to the existing Santa Barbara Boulevard. Project includes roadwork, utility lines, streetlighting, sidewalks, drainage ponds, and LASlP canal work. Project updated and has a finish date of May 25, 2010 Page 4 November 10,2009 6. PUBLIC PETITIONS A. Public petition request by Lynn Smallwood McMillin to discuss waiver for off-premise signage for the Ted Smallwood's Store, Inc., Chokoloskee, FL. Motion directing staff to obtain a historical designation for the sign and to bring the item back at a future meeting - Approved 5/0; Motion to place hold on code enforcement case and put the sign back up - Approved 4/1 (Commissioner Halas opposed) B. Public petition request by Georges Chami to discuss zoning issue at 7770 Preserve Lane. Motion directing staff to get an official interpretation for uses, zoning and parking w/staff to bring back to future meeting - Approved 5/0 C. Public petition request by Larry Magel to discuss candidacy for Marco Island City Council while serving on County Advisory Committees. Motion for petitioner to resign current advisory positions so the County can declare a vacancy and to delay appointments pending elections - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 V.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item has been continued from the October 27. 2009 BCC meetine. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members: CU-2008-AR-13245 Collier County through its Solid Waste Management Department, represented by David Deans ofPBS & J, is requesting Conditional Uses within the Rural Agricultural Zoning District within the North Belle Meade Overlay and Rural Fringe Mixed Use District (RFMU) Overlay for Sending Areas to allow I) a Collection and Transfer Site for Resource Recovery, pursuant to Collier County Land Development Code (LDC) Section 2.03.01.A.l.c.12; and 2) Public Facilities, including Solid Waste and Resource Recovery Facility and Public Vehicle and Equipment Storage and Repair Facilities pursuant to LDC Section 2.03.08.AA.a.(3)(b) of the RFMU District for a project to be known as the Resource Recovery Park. The subject property, consisting of approximately 344 acres, is located Page 5 November 10, 2009 approximately 1.5 miles east of Collier Boulevard and I mile north of White Lake Boulevard, in Section 25, Township 49 South, Range 26 East, Collier County, Florida.(CTS) Resolution 2009-275 Adopted - 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the October 27. 2009 BCC meetinl! to the November 10. 2009 BCC meetinl! and has been further continued to the December 1, 2009 BCC meetinl!. Recommendation to consider adoption of an ordinance establishing the City Gate Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Moved from Item #17C (Per Agenda Change Sheet) B. This item reQuires that ex parte disclosure be provided bv Commission members. Should a hearinl! be held on this item. all participants are reQuired to be sworn in. PUDA-PL2009-110: DiVosta Homes, LP, represented by Chris Hasty ofPulte Homes, Inc. and Margaret Perry, AICP ofWilsonMiller, Inc., is requesting an amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02- 48, to alter the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum of 10 feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-951 ) and Sabal Palm Road in Sections 26, 34, 35, Tow nship 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. Ordinance 2009-6] Adopted - 4/1 (Commissioner Coyle opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. Resolution 2009-276: Appointing Jeffrey M. Randall (fulfilling the remainder of the vacant term expiring April 4, 2013) - Adopted 5/0 B. Appointment of member to the Parks and Recreation Advisory Board. Resolution 2009-277: Appointing William C. Schafer to fulfill the remainder of vacant term expiring December 31, 2009 and for an Page 6 November 10, 2009 additional4-year term expiring December 31, 2013 - Adopted 3/2 (Commissioner Henning and Commissioner Coletta opposed) C. Appointment of member to the Contractors Licensing Board. Resolution 2009-278: Appointing Patrick White (representing the City of Naples) for the 3-year term expiring October 20, 2012 - Adopted 5/0 D. Appointment of member to the Horizon Study Oversight Committee. Resolution 2009-279: Appointing Mark Teaters - Adopted 5/0 E. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2009-280: Appointing Jeffrey Scott Curl- Adopted 5/0 Added (Per Agenda Change Sheet) F. Consideration to amend the Administrative Manual associated with the Vehicle for Hire Ordinance to provide for issuance of a temporary license to operate in Collier County under specified terms and conditions. (Commissioner Coyle's request) Resolution 2009-281 Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners approves conceptual changes to the Animal Control Ordinance accommodating trap- neuter-return of cats, incorporating anti-cruelty provisions such as anti- chaining of dogs, and revising dangerous dog declaration appeal processes; and directs the County Manager or his designee to prepare and advertise ordinance changes to be approved by the Board at a future meeting. (Amanda Townsend, Domestic Animal Services Director) Approved - 5/0 B. Recommendation that the Board of County Commissioners approves a staff- recommended Domestic Animal Services department mission statement that addresses the public's and Domestic Animal Services Advisory Boards desire to include adoption in the statement. (Amanda Townsend, Domestic Animal Services Director) Approved - 5/0 Page 7 November 10, 2009 C. 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 (Gary Mullee, Manager Operations Support, CDES) Resolution 2009-274 Adopted w/stipulations - 4/1 (Commissioner Henning opposed) Moved from Item 16D8 (Per Agenda Change Sheet) D. Recommend that the Board of County Commissioners approves the Florida Shore and Beach Preservation Association (FSBP A) invoice dated September 28, 2009 for $2,000 to the FSBP A Legal Defense Fund in support of the current beach renourishment legislation scheduled to be heard by the US Supreme Court in December 2009. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item continued to the December 1, 2009 BCC Meetinl!. Recommendation to consider adoption of an ordinance amending the City Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets to be public. Moved from Item #16K2 (Per Agenda Change Sheet) B. Recommendation that the Board approves the proposed Addendum to the Naples Zoo Lease. (Commissioner Halas' request) Approved w/change - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation that the Collier County Community Redevelopment Agency (CRA) approves, and authorizes its Chairman to sign, an amendment to the employment agreement between the CRA and Penny S. Page 8 November 10, 2009 Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years. Approved - 5/0 B. Recommendation that the Collier County Board of County Commissioners approve and authorize the Airport Authority to begin a search for an Executive Director. To be brought back at the December 1, 2009 BCC Meeting with recommendations and direction from Teresa Cook - Consensus ]5. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Ochs - Letter from Laura Donaldson regarding Commission's position on Draft Consolidation Bill B. Commissioner Henning - Salute to Veterans tomorrow C. Commissioner Henning - Correspondence regarding an Interlocal Agreement between the BCC and the Fire Districts D. Commissioner Coletta - Public Petition/Speaker Timer E. Commissioner Halas - Circumventing Code Enforcement Cases F. Commissioner Halas - Correspondence from public missing/lost G. Commissioner Fiala - Cambier Park Veteran's Memorial Celebration H. Commissioner Fiala - Marco Island Museum display cases; will bring this item back at a future BCC Meeting I. 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 ltem(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 117. With a release of any Utilities Performance Security (UPS) Page 9 November 10, 2009 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Treviso Bay Clubhouse. With a release of any Utilities Performance Security (UPS) 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 125 Replat, with the roadway and drainage improvements being privately maintained. Resolution 2009-259; w/release of the Maintenance Security 4) Recommendation to accept an alternate security from the owner of Regal Acres, and to enter into a new Construction, Maintenance and Escrow Agreement for Subdivision Improvements. 5) This item reQuires that all participants be sworn in and ex-parte disclosure be provided bv Commission members. This is a recommendation to approve for recording the final plat of Neighborhood Shoppes at Orangetree. W /stipulations 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 107, with the roadway and drainage improvements being privately maintained. Resolution 2009-260; w/release of the Maintenance Security 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcell 08, with the roadway and drainage improvements being privately maintained. Resolution 2009-261; w/release of the Maintenance Security 8) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcell 09, with the roadway and drainage improvements being privately maintained. Resolution 2009-262; w/release of the Maintenance Security 9) Recommendation to accept a proposed settlement providing for Partial Release of one Lien and one Order in the Code Enforcement Actions Page 10 November 10, 2009 entitled Collier County v. Thomas and Marian Baker, Code Enforcement Board Case Nos. 2003-26 and 2006-62, for payment of $8,458, to release property known as 2759 Lakeview Drive (parcel ID 4817348000 I), located within Collier County, Florida. In order to settle a foreclosure lawsuit 10) Recommendation to impose lien in relation to the Code Enforcement Action entitled Ruben Romero, Code Enforcement Board Case No. CEPM 20080007069, on property located at 2183 41st St. SW, Naples, Florida (County incurred cost to date is $7,678.16). Resolution 2009-263 B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #09-5274 lmmokalee Road (1-75 to CR 951), lmmokalee Road (CR 951 to 43rd) and CR 951 (US 41 East to Davis Blvd) Landscape Maintenance for mowing within the right of way to Commercial Land Maintenance and Caribbean Lawn & Garden in the estimated annual expenditure of$273,360.00 (Fund 111, Various Cost Center). Awarded to Commercial Land Maintenance (1-75 to CR 951), Caribbean Lawn & Garden (CR 951 to 43rdl, and Commercial Land Maintenance (US 41 East to Davis Blvd) 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Memorandum of Agreement with Florida Department of Transportation (FDOT) to include and complete the FDOT resurfacing project of SR951 with the County's US-41 and SRlCR-951 intersection project and to execute a Resolution memorializing the Board's action. Resolution 2009-264 3) Recommendation that the Board approve an Underground Facilities Conversion Agreement (UFCA) and authorize payment to Florida Power & Light Company in the amount of $23,242.00 required under the UFCA for conversion of certain overhead electric distribution facilities located on Channel Drive within the Vanderbilt Beach Municipal Service Taxing Unit for underground distribution. Page 11 November 10, 2009 With the remainder of the overhead utilities converted to underground at a future date 4) Recommendation that the Board approves a Memorandum of Agreement between Florida Department of Agriculture and Consumer Services, Division of Forestry and the County Commissioners for Collier County, Florida pertaining to the coordination and provision of maintenance responsibilities for Sabal Palm Road Extension through the Sabal Palm Road Extension Municipal Services Taxing Unit (the MSTU) and a Resolution authorizing the Chairman to execute the Agreement. Resolution 2009-265 C. PUBLIC UTILITIES 1) Request by staff for authorization to advertise and bring back for the Boards consideration an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the regional water and/or sewer system is anticipated within a ten-year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. As detailed in the Executive Summary D. PUBLIC SERVICES 1) Recommendation to approve Domestic Animal Services support for local entities offering low-cost solutions to animal-related issues in Collier County. To help prevent zoonotic diseases and pet overpopulation 2) Recommendation to adopt a Resolution establishing the Collier County Domestic Animal Services Fee Policy as of December 1,2009 and superseding resolutions 95-107, 95-106, 93-404, 2008-251 and all Page 12 November 10, 2009 other resolutions establishing animal services-related fees. Resolution 2009-266 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, eight (8) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $141,913.28) Impact Deferrals for the following lots: Trail Ridge Lot 80, $22,325.96; Trail Ridge Lot 75, $22,325.96; Trail Ridge Lot 82, $22,325.96; Liberty Landing Lot 62, $14,987.08; Liberty Landing Lot 61, $14,987.08; Liberty Landing Lot 59, $14,987.08; Liberty Landing Lot 128, $14,987.08; Liberty Landing Lot 127, $14,987.08 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign certifications required by the State of Florida, Department of Children and Families (DCF) Challenge Grant in order to be eligible to be awarded 2010 Challenge Grant funding. Providing assistance to homeless Collier Citizens through five non-profit entities: St. Matthew's House, The Shelter for Abused Women and Children, National Alliance on Mental Illness, The Collier County Hunger and Homeless Coalition and Youth Haven, Inc. 5) Recommendation to award Bid #09-5311 to Pepsi Cola Bottling Company of Naples, Florida for Beverage Products, Equipment and Service. For sale to the public at Parks and Recreation concession stands 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the FY 2009-10 Agreement with the David Lawrence Mental Health Center, Inc. in the amount of $1,034,195. For the period October 1, 2009 through September 30, 2010 7) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement with Physicians Page 13 November 10, 2009 Regional Medical Center for participation in the Low Income Pool (UP) program for services provided on behalf of the Housing and Human Services Department, Department of Health and David Lawrence Center Mental Health Center to generate an additional $418,370 in Federal matching funds. For the period October 1, 2009 through September 30, 2010 Moved to Item #10D (Per Agenda Change Sheet) 8) Recommend that the Board of County Commissioners approves the Florida Shore and Beach Preservation Association (FSBP A) invoice dated September 28, 2009 for $2,000 to the FSBP A Legal Defense Fund in support of the current beach re-nourishment legislation scheduled to be heard by the US Supreme Court in December 2009. E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners award Bid #09-5263, Office Supplies County Wide to Staples Contract and Commercial, Inc. in the estimated annual amount of $200,000. 2) Recommendation to authorize the County Manager, or his designee, to submit a $20,000 Florida Fish and Wildlife Conservation Commission (FWC) Gopher Tortoise Habitat Management Assistance Request to fund fire line installation at the Conservation Collier Railhead Scrub Preserve. To ensure long-term safety of the species 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period September 24, 2009 through October 21, 2009 4) Recommendation to award Bid #09-5254 and a contract for Grounds Maintenance of Collier County Government Facilities to Hannula Landscaping & Irrigation, Inc. for an estimated annual amount of $400,000. 5) Recommendation that the Board of County Commissioners reject Bid #09-5297, for the renovation of the Courthouse 1st and 4th floors Page 14 November 10, 2009 (Building L), Project #52004. Project will be separated into three individual smaller projects on an as needed basis depending on availability of funding 6) Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust Committee (Board), approve and execute an Agreement to provide the Collier County Parks and Recreation Department an amount not to exceed $7,200.00 for the purchase of a sound system and associated equipment for use at the Max Hasse Community Park. Located at 3390 Golden Gate Blvd. West, Golden Gate Estates F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve Grant Agreement 2009CKWX0204 in the amount of $350,000 from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program for public safety technology equipment and approve all necessary budget amendments. Including the following equipment: computer systems, telephone devices, scanners, tower equipment and internet/intra net switches for the Emergency Operations Center 2) Recommendation that the Board of County Commissioners approves an Agreement between the State of Florida, Division of Emergency Management and Collier County accepting $7,086 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within Collier County and authorize all necessary budget amendments. 3) Recommendation to recognize and appropriate insurance proceeds in the amount of $20,952.50 and to authorize the necessary Budget Amendment. For a Ford Explorer that sustained heavy damage in a motor vehicle accident Page 15 November 10, 2009 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2009-267 5) Recommendation that the Board of County Commissioners approve the purchase of three replacement ambulances in an amount of $555,000 for Emergency Medical Services using carry-forward from FY09 and authorize the necessary Budget Amendment. Due to age of the fleet, breakdowns are becoming more frequent G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Board of County Commissioners to accept the Tertiary Stormwater System Improvement Plan for Gateway Triangle Residential Area as presented by the Collier County Community Redevelopment Agency; recognizing how the plan complements the County's secondary system project for the Gateway Triangle; authorize the County Manager, or his designee, to provide support to the CRA where needed; and approve CRA staffs approach to execute the plan. (Source of funding - CRA TIF Fund 187) (David Jackson, Executive Director Bayshore Gateway Triangle CRA) As detailed in the Executive Summary 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute the attached Lease with Auto Pride Collision Centers, Inc., a Florida Corporation permitting them to continue the operation of the existing business on CRA owned property located at 1911 E. Tamiami Trail in the Gateway Mini-Triangle for an annual rent of $128,084.00 for the first year and $150,000.00 or five (5%) of the Lessees gross sales for each successive year. The lease is from January 1, 2010 through December 31, 2012 with a provision for a one time two-year lease extension 3) Request that the Collier County Community Redevelopment Agency (CRA) approve the application and recipient agreement for the Immokalee CRA Commercial Facade Improvement Grant Program Page 16 November 10, 2009 forreimbursement of$10,789 for facade improvements to Lozano's Restaurant located at 405 New Market Road in lmmokalee, Florida. For the design & installation of a new lighted sign 4) Recommendation that the Board of County Commissioners approve and authorize the Airport Authority to utilize $83,850 from the lmmokalee Infrastructure Fund 497 to front-fund the reconstruction of the Sheriffs dwelling and Tiki Hut, damaged by Hurricane Wilma at Everglades Airpark, and associated budget amendments. This project is eligible for reimbursement from the Federal Emergency Management Agency (FEMA). 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 Kiwanis Club of Marco Island Officer's Installation Dinner on November 6, 2009 at Bristrol Soleil at the Old Marco Inn on Marco Island, FL. $75.00 to be paid from Commissioner Fiala's travel budget. Located at 100 Palm St., Marco Island 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend Iron Chef Marco Island on November 15,2009 at Bistro Soleil on Marco Island, FL. $85.00 to be paid from Commissioner Fiala's travel budget. Located at 100 Palm St., Marco Island 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Christmas Island Style Jazz Jam Session on November I, 2009 at Erin's Isle in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at 6190 Collier Blvd., Naples 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 17 November 10, 2009 Will attend the State of the Arts in Collier County Luncheon on November 13, 2009 at Hideaway Beach Club on Marco Island, FL. $30.00 to be paid from Commissioner Fiala's travel budget. Located at 250 S. Beach Dr., Marco Island 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Jolly Cricket Grand Opening Benefitting Naples Zoo on November 11,2009 at the Jolly Cricket in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at 720 Fifth Avenue S., Naples 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Gulfshore Playhouse Reception and Silent Auction on November 8, 2009 at Naples Tomato in Naples, FL. $50.00 to be paid from Commissioner Fiala's travel budget. Located at 14700 Tamiami Trail N., Naples 7) Commissioner Jim Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC October Investors Luncheon on October 6,2009 in Naples, FL. $15.00 to be paid from Commissioner Coletta's travel budget. Held in the Naples Daily News Community Room, 1200 Immokalee Road, Naples 8) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the NAACP 27th Annual Freedom Fund Dinner and Centennial Celebration on October 3, 2009 in Naples, FL. $65.00 to be paid from Commissioner Coletta's travel budget. Located at 1901 Gulf Shore Boulevard N., Naples 9) Recommendation that the Board of County Commissioners approve the donation of an enclosed trailer to Samuel A. Cadreau, individual, member of the Freedom Memorial Task Force. For the transport of t-shirts, informational and educational Page 18 November 10,2009 material, the Freedom Memorial Model, banners and a 600 pound piece of steel from the original Twin Towers I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 2010, allowing the Sheriff's Office to receive an equitable share of net proceeds of a Federal Forfeiture resulting from the Sheriff's participation in joint criminal investigations. Funds used to supplement Law Enforcement purposes 2) To obtain board approval for disbursements for the period of October 17,2009 through October 23,2009 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of October 24, 2009 through October 30, 2009 and for submission into the official records of the board. 4) Request that the Board of County Commissioners approves the transfer oftangible personal property, purchased in FY 2009 to benefit the Collier County Sheriff, to the custody of the Sheriff of Collier County. Consisting of purchased and installed fixtures, equipment, and furniture in the newly-constructed fleet & operation facilities 5) Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October I, 2008 through September 30, 2009. 6) Recommendation that the Board of County Commissioners Approve and Authorize the Chairman to sign an Agreement Authorizing the Page 19 November 10, 2009 Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Shores at Berkshire Lakes and the Preserve at the Shores at Berkshire Lakes Subdivisions. K. COUNTY ATTORNEY 1) Report with respect to a recent order denying Defendant, Collier County's Motion for Rehearing and/or Clarification in the lawsuit styled Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA, and the intent of the County Attorney to file an appeal of this order to the Florida Second District Court of Appeal, absent further Board direction. Moved to Item #12B (Per Agenda Change Sheet) 2) Recommendation that the Board approves the proposed Addendum to the Naples Zoo Lease. 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 to approve a resolution of the Board of County Commissioners of Collier County, Florida, designating the adopted Tamiami Professional Center Planned Unit Development (PUD) as Closed-Out Resolution 2009-268 B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 92-60, as amended, the Collier County Page 20 November 10, 2009 Tourist Development Tax Ordinance, in order to: (I) reallocate $500,000 of the annual funds set aside for Catastrophe Reserves for tourism destination marketing for a period of one year; and (2) to reallocate $500,000 of the $2,000,000 per year set aside for Major Beach Renourishment Reserves for tourism destination marketing for a period of one year. Ordinance 2009-58 Moved to Item #8B (Per Agenda Change Sheet) C. PUDA-PL2009-110: DiVosta Homes, LP, represented by Chris Hasty of Pulte Homes, Inc. and Margaret Perry, AICP ofWilsonMiller, Inc., is requesting an amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum of 10 feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-95I ) and Sabal Palm Road in Sections 26, 34, 35, Township 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida. D. SE-PL2009-1026: A resolution to correct a scrivener's error in Resolution Number 07-99 (Development Order 07-02), for the Halstatt/Grey Oaks Development of Regional Impact, to correct Paragraph 4 on page 3 that reads "biannually" (twice a year) instead of "biennially" (once every two years), and to insert the proper dates on the blank spaces left for those dates. The subject property is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. Resolution 2009-269/Development Order 2009-01 E. Recommendation that the Board of County Commissioners adopt an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs (including water heaters) performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002-01 in its entirety. Ordinance 2009-59 Page 21 November 10,2009 F. This item reQuires that ex parte disclosure be provided bv Commission members. Should a hearinl! be held on this item. all participants are reQuired to be sworn in. CU-2008-AR-13786 Unity Faith Missionary Baptist Church, Inc. represented by Gina R. Green, P.E. of Gina R. Green, P.A., is requesting a Conditional Use No.1 expansion in the Estates (E) zoning district pursuant to Collier County Land Development Code Subsection 2.03.01.B.l.c.1. The proposed Conditional Use will expand an existing church by adding a 13,100 square-foot multi-purpose building to be used for a gymnasium, classrooms, youth fellowship and a kitchen for a 5.23 acre property located on the east side of 39th Street S.W. and on the south side of the future Green Boulevard extension, in Section 14 and 23, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2009-270 G. Recommendation that the Board of County Commissioners approve an amendment to Ordinance Number 08-47, as amended (Maximum fees for non-consent towing and storage of vehicles), which addresses requirements for non-consent law enforcement towing of vehicles, private property towing of vehicles, storage of vehicles and maximum chargeable fees by tow truck companies, to include provisions concerning the immobilization of vehicles (booting) on private property and to further clarify language in the ordinance. Ordinance 2009-60 Resolution 2009-271 H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2009-272 I. Recommendation for the Board of County Commissioners (BCC) to approve a Resolution designating approximately 17.665 acres ofland owned by the Community Redevelopment Agency (CRA) as a Brownfield Area; designate the Bayshore Gateway Triangle Redevelopment Agency Local Advisory Board as the Brownfield Advisory Committee; and authorize the County Manager, or his designee, to notify the Department of Environmental Page 22 November 10, 2009 Protection of said designation. Resolution 2009-273 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. Page 23 November 10, 2009