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Backup Documents 10/27/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) "O"'~\ 111/, O'!'''r~ I : ~... ,. ( ,,,,..1..... )/ ,,\ AGENDA October 27, 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 October 27,2009 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 with changes - 5/0 B. September 24, 2009 - BCClBudget Hearing Approved as Presented - 5/0 C. September 29, 2009 - BCClRegular Meeting Approved as presented - 5/0 D. October 9,2009 - Value Adjustment Board Meeting Approved as presented - 5/0 Page 2 October 27, 2009 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS (One motion taken to adopt all proclamations) A. Proclamation designating November 9,2009 as World Orphans Day 2009. To be accepted by Tom Scott, President/COO, Sky Angel U.S. LLC, and Karole Davis, Director - Public Relations, Sky Angel U.S. LLC. Adopted - 5/0 B. Proclamation congratulating Collier County Solid Waste Management Department for the receipt of the 2009 Special Waste Gold Excellence Award. To be accepted by Dan Rodriguez, Solid Waste Management Director and Danette Huff, Recycling Coordinator. Adopted - 5/0 C. Proclamation designating November 9 - 13, 2009 as Accounts Payable Week. To be accepted by Connie Murray, General Operations Manager, Clerks Finance Department. Adopted - 5/0 D. Proclamation designating November 9, 2009 as Collier County Foreclosure Task Force Workshop Day. To be accepted by Jeff Ahren and Kathleen Passidomo. Adopted - 5/0 5. PRESENT A TlONS A. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Larry Ray, Collier County Tax Collector. Presented 6. PUBLIC PETITIONS A. Public petition request by Marcia Breithaupt to discuss Domestic Animal Services Mission Statement. Not present Page 3 October 27, 2009 B. Public petition request by Maggie McGall to discuss establishment of a canine beach in Naples. Discussed C. Public petition request by James Guerrero to discuss outstanding invoices for SHIP 09-025R and DRI-05-113, Bowersox Project. Discussed D. Public petition request by Randy Johns to discuss a request by Swamp Buggy, Inc., for exemption from the current Noise Ordinance. To be brought back as regular agenda item - Consensus Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item is beinl!: re-scheduled to the November 10.2009 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided by 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.I.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.A.4.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 approximately 1.5 miles east of Collier Boulevard and 1 mile north of White Lake Boulevard, in Section 25, Township 49 South, Range 26 East, Collier County, Florida.(CTS) 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Page 4 October 27, 2009 Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation by reference of the impact fee study entitled, Collier County Parks and Recreation Impact Fee Update Study, dated June 26, 2009; amending Schedule Three of Appendix A to reflect the revised rates set forth in the impact fee study and providing for an effective date of November 1,2009 for the Regional Parks Impact Fee rates and a delayed effective date of February 1,2010 for the Community Parks Impact Fee rates in accordance with the notice period requirements of Section 163.31801 (3)( d) Florida Statutes; the cumulative results of the rate changes being an overall decrease in Parks Impact Fees. Ordinance 2009-57: Motion to adopt reduction of Community Parks impact fees by 12% and approve all other recommendations by the Productivity Committee - Failed 2/3 (Commissioner Fiala, Commissioner Coletta, & Commissioner Halas opposed) Adopted - 3/2 (Commissioner Coyle and Commissioner Henning opposed) Further Continued to the December 1, 2009 Meeting (Per Agenda Change Sheet) B. This item is beinl!: re-scheduled to the November 10,2009 BCC meetinl!:. 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 consider adoption of an ordinance establishing the City Gate Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee. Resolution 2009-257: Appointing Renato F. Fernandez (4 year term), Thomas Frank DePouw and Suzanne J. Chapin (3 year terms), Dale M. Johnson and Paige Simpson (2 year terms) - Adopted 5/0 B. Appointment of members to the Historical/Archaeological Preservation Board. Resolution 2009-258: Re-appointing Sharon Kenny, William J. Dempsey and Patricia A. Huff - Adopted 5/0 Page 5 October 27, 2009 C. Recommendation that the Board of County Commissioners approve the County Manager Employment Agreement with Leo E. Ochs, Jr., and authorize the Chairman to execute same. Approved - 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners reviews the TDC Subcommittee recommendations as approved by the Tourist Development Council and provides direction to the County Manager or his designee for further action including the authorization to process all necessary budget amendments covering direction that involves the movement or use ofTDC funds. (Jack Wert, Tourism Director) 1) Motion to deny TDC recommendation in regard to museums- Approved 5/0 2) Motion to approve w/TDC review of tourist tax revenue interest fund allocation and bring recommendations back at a future BCC Meeting - Approved 5/0 3) Approved w/changes - 5/0; Staff to provide marketing results report; County Attorney's Office to advertise ordinance amendment 4) Staff to continue to work with Tax Collector in the collection of taxes and the Tax Collector to enforce the collection - Approved 5/0 5) Motion to table until County Attorney reviews the ordinance- Consensus 6) Motion to postpone #6 & #7 until Board receives further information - Approved 5/0 7) Postponed along with #6 8) Motion to wait for reimbursement from FEMA Funds - Denied 2/3(Commissioner Coletta, Commissioner Fiala, and Commissioner Henning opposed); Motion to Approve for one (1) year- Approved 4/1 (Commissioner Halas opposed) 9) Motion to Approve - Approved 4/1 (Commissioner Halas opposed) 10) Motion to approve TDC recommendations - Approved 5/0 Page 6 October 27, 2009 B. This item to be heard immediatelv followinl!: Item #10A. Recommendation that the Board of County Commissioners reviews and approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) and approve all necessary budget amendments. (Jack Wert, Tourism Director) Motion to Approve - Withdrawn; Motion to Approved after the review of the 2010 Tourism Budget w/today's revisions - Approved 5/0 C. Recommendation that the Board of County Commissioners approves the Wilson Boulevard ExtensionlBenfield Road Corridor Study (Study). Due to the size of the draft Final Report and the appendices, a copy is available at the County Managers office for review. (Claudine Auclair, Transportation Planning) Motion to approve the plan or study and not the expenditure of money - Approved 5/0 D. This item to be heard at 3:00 p.m. Recommendation and consideration to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis; and, (2) contingent upon the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract "A", from the Collier County Emergency Medical Services Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost not to exceed $450,000; and, (3) approve a budget amendment to transfer funds in the amount of$419,734 from the Collier County Solid Waste Management Fund (474), Solid Waste Capital Projects, Project #70013, Santa Barbara Recycling Center to the EMS Fund 350. (Dan Rodriguez, Solid Waste Director) Motion to deny - Approved 4/1 (Commissioner Halas opposed) Moved from Item #16A5 (Per Commissioner Henning during Agenda Changes) E. Request approval by the Board of County Commissioners of the change in the scheduled meetings for the 2007-2008 Growth Management Plan Amendment Cycle. Page 7 October 27, 2009 GMP Cycle dates: January 19th 9 a.m. - 3 p.m. and reconvene at 5:05 p.m. for the Golden Gate CP's; July 28th GMP Adoption Hearing Date - Consensus 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 2:00 p.m. Recommendation that the Board adopts the attached standard form Lease and Ground Lease for all future leases with Not-For-Profit Entities, and to direct staff to review each of the County's Not-For-Profit Leases and, where appropriate, offer the Lessees the opportunity to convert their current lease to the standard form, subject to Board approval. Approved - 5/0 B. This item to be heard immediatelv followinl!: Item #12A. Report to the Board with respect to the Naples Zoo Lease, with a discussion on whether the Board wishes to reduce or eliminate the rent. Motion to Approve the New Lease format for the Zoo and have the County Attorney to contact the Naples Zoo regarding the New Lease- Approved 3/2 (Commissioner Coletta and Commissioner Halas opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager - Potential interest in a Foreclosure Workshop- Consensus B. Commissioner Henning - Update on Mr. Mudd C. Commissioner Henning - Collier Citizen Article regarding public speaker on Agenda Items D. Commissioner Coletta - Chairman to allow for late coming public speakers during the GMP Hearing on the evening of the 19th of January E. Commissioner Coyle - Winter Visitor's and red light running violations Page 8 October 27, 2009 F. Commissioner Halas - Private Group getting the County involved in the planning for the proposed project involving the Cubs G. Commissioner Coyle - Sunshine Law violations & Advisory Board Members H. Commissioner Fiala - Tourists & Winter Residents making them feel welcome I. Commissioner Fiala - Direction for Ian Mitchell and the County Attorney to create guidelines and procedures for Proclamations J. Motion to Adjourn - Approved 5/0 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance ofthe water utility facility for Turner Water Main. With release of any Utilities Performance Security (UPS) 2) Recommendation to grant final approval ofthe roadway (private) and drainage improvements for the final plat of Mediterra Parcel 105 with the roadway and drainage improvements being privately maintained. Resolution 2009-249 w/release of the maintenance security 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat ofMediterra Parcell 06 with the roadway and drainage improvements being privately maintained. Resolution 2009-250 w/release of the maintenance security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat ofMediterra Parcel 118, with the roadway and drainage improvements being privately maintained. Resolution 2009-251 w/release of the maintenance security Page 9 October 27, 2009 Moved to Item #10E (Per Commissioner Henning during Agenda Changes) 5) Request approval by the Board of County Commissioners of the change in the scheduled meetings for the 2007-2008 Growth Management Plan Amendment Cycle. 6) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. With a recording cost of $10.00 per release, totaling $130.00 7) Recommendation to approve Proposed Settlement providing for Compromise and Release of Liens in the Code Enforcement Action entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located at 2414 58th Avenue NE, Naples, Florida. The remaining $47,319.19 in fines is to be waived under this agreement 8) Recommendation that the Board of County Commissioners approves the proposal by staff to develop and advertise for Board consideration 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 performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002- 01 in its entirety. 9) Recommendation that the Board of County Commissioners approves the proposal by staff to develop and advertise for Board consideration an amendment to Ordinance No. 82-3, as codified in Section 14-2 of the Collier County Code of Laws and Ordinances, to remove the prohibition against the possession, sale, importation or release (into County waters) of Tilapia. Due to Tilapia currently existing in bodies of water throughout the County 10) Request that the Board of County Commissioners (Board) approve the waiver of the applicable time constraints and fees for a Temporary Page 10 October 27, 2009 Use (TU) permit for the placement oftemporary banners and on- site/off-site directional signs to announce the location of immunization centers in response to the federally declared pandemic (HINl Virus) as a national public health emergency. Displayed from November 1 through December 31 of this year at the North Collier Regional Park and the soon to be vacated K- Mart in the Freedom Square Plaza B. TRANSPORTATION SERVICES 1) Recommendation to approve an Agreement for the conveyance of right-of-way and other easement parcels necessary for the construction of Oil Well Road (Fiscal Impact: $2,146). Required for construction ofsegment 4, from Oil Well Grade Road to Camp Keais Road 2) Recommendation to terminate the contract awarded to Big Tree, Inc., for Bid #09-5194 Collier County Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract in the amount of $124,240.00. Due to a request by Big Tree Inc. to terminate the contract, resulting in a 3 month suspension from Collier County bids 3) Recommendation to approve the purchase of a fee simple road right- of-way parcel and a temporary construction easement which are required for construction of the Collier Boulevard widening project. Project No. 68056 (Fiscal Impact: $32,250.00) Located at the northwest corner of Collier Blvd. and 7th Ave SW in Golden Gate Estates 4) Recommendation to approve a Third Amendment to the October 14, 2003, Companion Agreement to the October 22,2002, Sabal Bay Development Contribution Agreement for Road Impact Fee Credits providing for a change in land conveyance means for portions of the Lely Area Stormwater Improvement Project (Project No. 51101). Resulting in a $33,000 savings for the County Page 11 October 27,2009 5) Recommendation to approve the payment of attorney fees and expert witness fees incurred by Dr. Gerald and Mrs. Rosemary Brown in defense of the taking of a portion of their property for the Collier Boulevard six-laning project (from Green Boulevard to Golden Gate Boulevard). Project No. 68058, Parcel Nos. 170FEE and 170TCE (Fiscal Impact: $22,879.25.) To construct a linear stormwater detention and treatment swale along the west side of Collier Blvd 6) Recommendation to approve a Temporary Right of Entry to construct a connecting sidewalk for a bus shelter on a .004 acre portion ofland along the existing right of way on U.S. 41 at the Waterside Shops on Pine Ridge Road. Project No. 60083 (Fiscal Impact: $0) To be paid for with FT A grant funds and in accordance with ADA requirements 7) Recommendation to approve a work order in the amount of $269,010.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) under contract #06-3969 Fixed Term Professional Engineering Services utilizing the Best Value Offer (BVO #06-3969-9) for design and permitting of the Lely Area Stormwater Improvement Project (LASIP) Naples Manor Ditch and US 41 Ditch Design (Project No. 51101). The scope of work is based on the following: surveying, field Crew work, utility coordination/structures and bidding assistance with all work completed within 3 years 8) Recommendation to approve amendments to the Staff Services Agreement by and between the Collier Metropolitan Planning Organization (MPO) Board and the Collier County Board of County Commissioners and to authorize the chairman to sign the amended agreement. 9) Recommendation to approve the payment of attorney fees and expert witness fees incurred by Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the Collier Boulevard six-laning project (from Green Boulevard to Golden Gate Boulevard). Page 12 October 27, 2009 Project No. 68056, Parcel Nos. 161FEE and 16ITCE (Fiscal Impact: $4,980) These fees were not mentioned in the original proposed agreement C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Liens for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993, 1994, 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $68.50 to record the Satisfactions of Liens. Resolution 2009-252 2) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. Folio #63000160000 3) Recommendation to approve Agreement No. 4600001904 with the South Florida Water Management District for the Continued Collection of Surface Water Quality Samples in Collier County in the Amount of$210,000. Allowing the monitoring program to continue for 3 more years within the Big Cypress Basin 4) Recommendation to approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant Agreement IG8-09, the Collier County Seasonal and Year Round Business "How to Recycle" Videos Grant, from the Florida Department of Environmental Protection to provide portable recycling containers. The total project cost does not change D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $111,802.00 Housing and Urban Development (HUD) Page 13 October 27, 2009 grant to the City of Naples for improvements to the River Park Community Center. Located at 30111th Street North 2) Recommendation to approve an Access Easement Agreement with Caribbean Venture of Naples, LLC extending an existing easement over county property to construct a dual purpose public access road extending from an existing easement to the proposed county park and private development for a total revenue of $1 ,480.00. CVN to maintain the roadway at no cost to the County 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, twelve (12) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Deferring $248,073.99 in impact fees for property located within Liberty Landing, Naples Manor Lakes and Trail Ridge developments 4) Recommendation to approve the FY 10 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of$l,nO,lOO. Effective October 1, 2009 through September 30, 2010 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement with St. Matthews House, Inc. providing for a $110,424 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to support Wolfe Apartments. For the operation of a 46-unit transitional housing facility located at 4630 16th Place SW 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SA WCC) providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to aid with their day to day operations and supportive services of SA WCC. Page 14 October 27, 2009 To support day to day operations and supportive services 7) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FYI0, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FYI0. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the amended Neighborhood Stabilization Program Administrative Plan. The amended plan modifies certain policies and procedures to improve grant performance and incorporates changes enacted by the U.S. Department of Housing and Urban Development. As detailed in the Executive Summary 9) Recommendation to approve and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $100,416 in the Older Americans Act program. Contract OAA 203.09 - Amendment #002 10) Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of$350,000 between Collier County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women and approve the necessary budget amendment to recognize the revenue. For the period of September 1, 2009 through August 30, 2012 11) Recommendation that the Board of County Commissioners approves a Real Estate Conveyance Agreement between Collier County and the David Lawrence Mental Health Center, Inc., to convey a portion of County owned land located at 425 1st Street North, Immokalee, at no cost to the David Lawrence Center. A total cost of $27.00 for recording the Statutory Deed Page 15 October 27, 2009 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a contract amendment for a Disaster Recovery Initiative (DRI) Subrecipient Agreement between the Housing Development Corporation of Southwest Florida Inc. (f.k.a. Collier County Housing Development Corporation) and Collier County. This contract amendment will update the current project work schedule and add a previously approved item to the project's budget. With no change to the funding amount 13) Recommendation to approve Change Order #3 to Contract #09-5114, Naples Station Museum Phase III to White General Constructors, Inc., in the amount of$129,820 to complete historical restoration and renovation of the Naples Depot Museum. Due to the age of the building, several unanticipated problems were discovered with the original foundation, exterior walls and collapsing structural supports Withdrawn (Per Agenda Change Sheet) 14) Recommend approval ofthe award ofRFP #09-5247 and agreement between Collier County and Recreation Facilities of America, Inc., for Food & Beach Concessions at Tigertail Beach. 15) Present to the Board of County Commissioners changes to grant funded, owner-occupied affordable housing programs administered by the Housing and Human Services Department. These changes will modify program documents, expand eligibility criteria and amend program procedures. Providing a consumer credit report at a cost of $10.00 per applicant as detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a contract with the Southwest Florida Workforce Development Board, Inc. to allow the reimbursement of training expenses through the Employed Worker Training Program in an amount not to exceed $54,550 and approves the necessary Budget Amendment for the Public Utilities Division. Page 16 October 27, 2009 For training costs in the areas of operator certification, proper treatment processes, repair and proper maintenance of equipment and techniques for public safety 2) Recommendation that the Board of County Commissioners approve and execute an Agreement to provide the All Kids Play Foundation of Corkscrew Community Inc., a Florida non-profit organization, a maximum expenditure of $5,000.00 from the GAC Land Trust for the reimbursement of Site Development expenses that arose during the construction of the Boundless Playground located at Big Corkscrew Elementary School and approve necessary Budget Amendment. Waiving the requirement that the facilities be located in Golden Gate Estates 3) Recommendation to approve budget amendments to appropriate funds carried forward from FY 2009 for the completion of Information Technology purchases in the amount of$82,741.50. To complete open purchase orders 4) Recommendation to approve a Resolution revising the Board of County Commissioners Policy for Operation of Lake Trafford Memorial Gardens, by adding a Cremation Policy for unclaimed and indigent deceased in Collier County. Resolution 2009-253 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a Subrecipient Agreement with the Children's Museum of Naples providing American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable energy projects. The 4 projects selected are: Green Roof System, Rainwater Harvesting System, Solar Hot Water Panels and PV Panels and Wind Turbines at North Collier Regional Park 6) Recommendation to rescind the award of Bid #09-5170 "Purchase and Deliver Chemicals for Public Utilities" to Key Chemical Inc. and Page 17 October 27, 2009 King Lee Chemicals Inc. due to the companies' inability to fulfill required contractual Pollution Liability Insurance requirements. F. COUNTY MANAGER 1) Approve budget amendments. BA #10-012 for Isles of Capri Fire and BA #10-018 for the Confiscated Trust Fund 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting a Grant award for $105,806 for Emergency Management Program Enhancement and approve the associated budget amendment. Agreement #10-BG-25-09-21-01 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-2010 Adopted Budget. Resolution 2009-254 (BA #10-023 and BA #10-021) 4) Recommendation to approve a Memorandum of Agreement between Collier County and the Collier County Health Department to coordinate their collective efforts in providing adult and childhood HINl immunizations, medical direction and enhancement of community emergency response capabilities. To establish immunization protocols and all rules to govern paramedic practices related to the administration of immunizations G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (3248 Bayshore Drive). Page 18 October 27, 2009 Repaving the parking lot and installing hurricane windows in order to upgrade the building 2) To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (1695 Commercial Drive). For the installation of an exterior sign for Adrenaline Motorsports of Naples 3) To approve and execute a Landscape Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2957 Orange Street). To upgrade the front yard and back yard along the canal on a privately owned residential property 4) Recommendation that the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) approve the submittal of the attached Pre-Disaster Mitigation grant application to the Federal Emergency Management Agency for a project to improve stormwater drainage along Shadowlawn Drive and Francis Avenue; to authorize the CRA Executive Director, or his designee, to electronically submit the grant application requesting an amount of$305,906.25 to the Federal Emergency Management Agency. Due to the area lacking a suitable drainage system and restricted outfalls that prevent flooding 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 Council for Hispanic Business Professionals Gala Hispanos Unidos on October 24, 2009 at the Naples Beach Club in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel budget. Page 19 October 27, 2009 Located at 851 Gulf Shore Blvd 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Military Officers Association Dinner on October 17, 2009 at the Royal Palm Country Club in Naples, FL. $28.00 to be paid from Commissioner Fiala's travel budget. Located at 8060 Grand Lely Blvd 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the National Society Daughters of the American Revolution Fundraiser on November 20, 2009 at the Country Club of Naples in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at 185 Burning Tree Drive 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Seacrest Key Club Induction of Charter Members on October 14,2009 at Seacrest Country Day School in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget. Held in the school's Art Center 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Shells Club of Naples Business Meeting on November 5,2009 at the Players Club and Spa in Naples, FL. $21.00 to be paid from Commissioner Fiala's travel budget. Located at 8060 Grand Lely Drive I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 20 October 27, 2009 1) To obtain board approval for disbursements for the period of October 5,2009 through October 9,2009 and for submission into the official records of the board. 2) Recommendation that the Collier County Board of County Commissioners approves a budget amendment for $1,520.89 and recognizes interest earned in Supervisor of Elections Voter Education grant. From federal HA V A funds for voter education and outreach activities 3) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(I) with the Board of County Commissioners. Total revenue collected: $187,332.30 4) To obtain board approval for disbursements for the period of October 12,2009 through October 19,2009 and for submission into the official records of the board. 5) Recommendation that the Board of County Commissioners adopts and supports the attached position paper as part ofCoUier County's 2010 State Legislative Priorities as requested by the Supervisor of Elections. Extending the required purchase of new ADA voting units for the 2012 election cycle until 2016 K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Expert Fees for Parcel 125 in the condemnation action styled Collier County v. Robert J. Derr, et a!., Case No. 03-2196-CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50). To cover appraisal, planning and landscape architect fees Page 21 October 27, 2009 2) Recommendation to approve a Stipulated Final Judgment in the amount of$10,700 for Parcel 168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project #60027). (Fiscal Impact $9,507.80) Costs associated with condemnation of a .071 acre parcel for a perpetual non-exclusive road right-of-way, drainage and utility easement 3) Recommendation to approve a Stipulated Final Judgment in the amount of$9,545 for Parcel 172 in the lawsuit styled Collier County v. Beverly J. Gatti, et a!., Case No. 03-2551-CA (Golden Gate Parkway Project #60027). (Fiscal Impact $6,781.25) Costs associated with condemnation of a .080 acre parcel for a road right-of-way, drainage and utility easement 4) Recommendation to approve a Stipulated Final Judgment in the amount of $98,865.00 for Parcels 11 OFEE/TCE 1 /TCE2/DE in the lawsuit styled Collier County v. Robbie L. Rayburn, et. aI., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project #60091) (Fiscal Impact $48,810.45). Costs associated with condemnation of a .466 acre parcel for the construction of a road and drainage canal 5) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for Agreed Order Taxing Attorneys Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R, and 946R in the condemnation action styled Collier County v. Chris A. Stoneburner and Joseph D. Bonness III, as Trustees of the Willow Run Land Trust, et a!., Case No. 05-1036-CA, South County Regional Water Treatment Plant (SCRWTP) 20 MGD Wellfield Expansion Project #70892 (Fiscal Impact: $45,000). For attorney fees and costs associated with the project 6) Request by staff for authorization to advertise and bring back for the Boards consideration a proposed amendment to Ordinance No. 08-47, 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 Page 22 October 27, 2009 include provisions concerning the immobilization of vehicles (booting) on private property and to further clarify language in the ordinance. To amend Ordinance 2008-47 (the "Towing Ordinance") 7) Report to the Collier County Board of County Commissioners regarding the legal effect and application of Florida Statute 212.055(8) (Senate Bill No. 1000, the Emergency Fire Rescue Services and Facilities Surtax). If implemented it would allow a surtax to be levied in place of ad valorem millage to fund emergency fire rescue services 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 was continued from the October 13, 2009 BCC meetinl!:. This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve Petition V AC- PL2009-65I, to disclaim, renounce and vacate the County's and the Public's interest in a drainage easement over Tract C02, as designated, and according to the Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier County, Florida, situated in Section 10 & 15, Township 51 South, Range 26 East, Collier County, Florida, and being more specifically described in Exhibit A. Resolution 2009-255 Page 23 October 27, 2009 Continued to November 10,2009 Meeting (Per Agenda Change Sheet) B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Chapter 74 ofthe Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the impact fee study entitled Collier County Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine land use category and impact fee rate and providing for a delayed effective date of February 1, 2010 in accordance with the notice period requirements of Section 163.31801 (3)( d) Florida Statutes; this action is in follow-up to the direction provided by the Board of County Commissioners on June 23, 2009. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members: PE-PL2009-260: Collier County Airport Authority represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons ofthe Marco Island Executive Airport. Subject property is located on a 1 acre tract within Section 26, Township 51 South, Range 26 East, Collier County, Florida. (CTS) Resolution 2009-256 D. This item was continued from the September 29, 2009 BCC meetinl!:. To adopt revisions to the Land Development Code (Ordinance No. 04-41) to correct a scriveners error relating to temporary signs, to complete the recent revisions to the Collier County Sign Code (Ordinance No. 09-43) adopted by the Board of County Commissioners at a public hearing on July 28, 2009. Ordinance 2009-55 E. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 2004-50, the Collier County Non- Residential Recycling Ordinance. Ordinance 2009-56 18. ADJOURN - Motion to adjourn - Approved 5/0 Page 24 October 27, 2009 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 25 October 27, 2009