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Backup Documents 07/28/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA July 28, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice- Chairman Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4 (Telephonically) Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 (Telephonically) 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 Page 1 July 28, 2009 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 IMP AIRED 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. Reverend William J. Oakley, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 4/1 (Commissioner Henning opposed) B. June 9, 2009 - BCC/Regular Meeting Approved as presented - 5/0 C. June 23, 2009 - BCC/Regular Meeting Page 2 July 28, 2009 Approved as presented - 5/0 D. June 29, 2009 - BCC/Budget Workshop Approved as presented - 5/0 E. June 30, 2009 - BCC/Budget Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Cindy Erb, Facilities Management. Presented 2) Russell Greer, Water Department Presented 3) Heather Sweet, Utility Billing & Customer Service. Presented 4. PROCLAMA TIONS (One Motion taken to Adopt all Proclamations) A. Proclamation acknowledging the Naples Rockets Girls Softball Team Ages 9 to 10 for their participation in the District 27 Championship Games. To be accepted by Chuck Bender, Manager, and Tim Cartwright, Assistant Coach. Adopted - 5/0 B. Proclamation recognizing the Golden Gate All-Stars for winning the District 27 Girls Ages 9 to 10 Softball Championship. To be accepted by Brian Creel, Coach. Adopted - 5/0 c. Proclamation designating August 2 to August 8, 2009 as Stop on Red Week. To be accepted by Bob Tipton, Traffic Operations Department Director, and staff; Kevin Rambosk, Collier County Sheriff, and staff; Diane Flagg, Code Enforcement Department Director, and staff. Page 3 July 28, 2009 Adopted - 5/0 D. Proclamation designating the month of August, 2009 as Breastfeeding Awareness Month. To be accepted by Laurie Owens. Adopted - 5/0 Add on Item (Per Agenda Change Sheet) E. Proclamation recognizing the week of August 17, 2009 through August 21,2009, as Florida Water Professionals Week. To be accepted by Paul Mattausch, Collier County Water Director. Adopted - 5/0 5. PRESENTATIONS A. 1-75 Everglades Interchange Update by Nick Casalanguida, Director, Transportation Planning. Presented B. Contractor's Presentation of Contract #08-5136, 951 Boat Ramp Parking Lot Expansion Project, Project #80071.1, Contractor Quality Enterprise, USA, Inc. Update Presented C. Recommendation to recognize Gilbert Moncivaiz, Operations Analyst, Public Utilities Operations, as Employee of the Month for July 2009. Presented D. This item to be heard at 10:00 a.m. Clerk of Courts FY-2010 budget presentation. Presented; Motion to set Clerk's budget at 3.5 Million - Failed 2/3 (Commissioner Fiala, Commissioner Coletta and Commissioner Henning opposed): Motion to set Clerk's budget at 4.7 Million - Failed 2/3 (Commissioner Henning, Commissioner Halas and Commissioner Coyle opposed): Motion to fund clerk not to exceed 5 million (3.5 from ad valorem and 1.5 from interest) - Failed 2/3 (Commissioner Coyle, Commissioner Henning and Commissioner Halas opposed); Motion to approve the Clerk's budget at 3.5 Million, with the remaining budget needs to remain pending Page 4 July 28, 2009 interest income returned by the Clerk; and a request at that time for the remainder and the County Manager and Staff to work with the Clerk - Approved 3/2 (Commissioner Coyle and Commissioner Henning opposed) 6. PUBLIC PETITIONS A. Public petition by Rick Lussy to discuss Loyalty Oath for existing and prospective employees. Presented Withdrawn (Petitioner's request) B. Public petition request by John Brugger to discuss pre-abatement agreement for property at 5513 26th Avenue SW, Naples, FL. C. Public petition request by Jose Colina to discuss construction and warranty issues with Designers Home Group, Inc. Presented 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 reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2009-AR- 14137 St. Monica's Episcopal Church, Inc., represented by Heidi K. Williams, AICP, ofQ. Grady Minor, Inc., is requesting two new Conditional Uses pursuant to the Land Development Code Section 2.03.01.B.1.C., in the Estates Zoning District. The conditional uses being requested are as follows: LDC 2.03.0 I.B.I.C.3, to allow a child care center; and 2.03.01.B.1.CA, to allow a private school related to the existing religious facility. The subject property is located at 7070 Immokalee Road, on the south side of Immokalee Road, west of the Logan Boulevard Extension, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. (CTS) Resolution 2009-189 Adopted w/stipulations - 5/0 8. ADVERTISED PUBLIC HEARINGS Page 5 July 28, 2009 .""..'._<...<..._-.-"'...._-"""""",.'-..,_."-.-..."~~-'.."'._-..-.-.-q~-"...""',~~._,_~'""__,..."..__.'...._~_.~.~ ,'."_,_,,,, _,", _',",.M,"_.. Moved from Item #17J (Per Agenda Change Sheet) A. This item reauires that ex parte disclosure be provided bv Commission Members. Should a hearinf! be held on this item, all participants are reauired to be sworn in. SNR-2009-AR-14206 Marbella Lakes Associates, LLC is requesting to rename a street from Green Boulevard to Marbella Lakes Drive. The subject property is located in Tracts A-2 and A-3A of the Marbella Lakes Subdivision, according to the plat thereof, recorded in Plat Book 46, Pages 77 through 83, of the Official Records of Collier County, Florida, which is in Section 19, Township 49, Range 26, Collier County, Florida. Resolution 2009-190 Adopted - 4/1 (Commissioner Halas opposed) Moved from Item #17 A (Per Agenda Change Sheet) B. Recommendation that the Board approve an Ordinance Creating the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit. Ordinance 2009-44 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. Resolution 2009-191: Re-appointing John Barlow and Michael Y. Wu - Adopted 5/0 B. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. Resolution 2009-192: Appointing Ninon L. Rynerson - Adopted 5/0 C. Appointment of member to the Collier County Health Facilities Authority. Resolution 2009-193: Appointing Timothy J. Reidy - Adopted 5/0 D. Appointment of members to the Environmental Advisory Council. Resolution 2009-194: Appointments are as follows: Andrew Dickman, and Noah Standridge to serve for 4 years; Judith Page 6 July 28, 2009 -'-'--""~-'- Hushon to serve for 3 years; Michael Sorell and Chris Stephens to serve for 2 years and Patrick Peck to serve for lyear on the Environmental Advisory Council- Adopted 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners (BCC) approves a project charter directing staff to proceed with the development of a county wide Master Mobility Plan (MMP). (Nick Casalanguida, Director, Transportation Planning) Approved - 3/2 (Commissioner Coyle and Commissioner Henning opposed) B. Recommendation that the Board of County Commissioners (Board) consider the options to respond to a Public Petition request by Mr. Bill Klohn, MGD Capital, where he requests a three year extension to the developer commitments as codified in Arrowhead PUD, Ordinance No. 05-13, further amended by Ordinance No. 08-36. (Joseph K. Schmitt, Administrator, CDES) Petitioner to work with staff in considering option #3 with a two year extension to comply with SB360 - Approved 5/0 C. Recommendation to consider a 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. (Diane B. Flagg, Director, Code Enforcement, CDES) Motion to disapprove the proposed settlement - Approved 5/0 D. To receive Board approval of staffs recommendation to resolve sewer back charges within the Tall Oaks community with property owner, Hill Crest Estates, Inc., in the amount of $180,000. (Joe Bellone, Manager, Utility Billing and Customer Service) Approve staff's recommendations - 3/2 (Commissioner Coyle and Commissioner Henning opposed) E. This item to be heard immediately after 14A. Recommendation that the Collier County Board of Commissioners (BCC) approves a Page 7 July 28, 2009 .""--''''''-''"-'~ .- .....-.....--,.,-..-... '-"-<--'---'--'-~~'-" '~-'--'"~"-~"'''.'--'-' '$,'---""~-,-,_-----,--,' .. , . _.......'......-__'"_,_'",~_.__~"".~""'_."__,,,........."_~N"'_."_~__,."......_~~,.__~"_,_"."'..,~.,' "''''------'''.'',- Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $13,500,000 Term Loan Agreement with Fifth Third Bank; approving the actions taken by the CRA with respect to its approval of the Loan Agreement; and authorize all necessary budget amendments. (David Jackson, Executive Director Bayshore Gateway Triangle CRA) Resolution 2009-196 Adopted - 5/0 F. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2009/1 0 and reaffirm the Advertised Public Hearing dates in September, 2009 for the Budget approval process. (Jim Mudd, County Manager and Mark Isackson, Senior Management and Budget Analyst) Resolution 2009-188 Adopted w/changes - 3/2 (Commissioner Coyle and Commissioner Henning opposed) Moved from Item #16F12 (Per Agenda Change Sheet) G. Recommendation that the Board of County Commissioners approves a Tourist Development Tax Category B Grant Application for a Mexican Independence Day Celebration Event in the amount of $14,112 and authorizes the Chairman to sign said agreement. Motion to be an advertising expense for a multi-cultural event - Approved 5/0 Moved from Item #16A18 (Per Agenda Change Sheet) H. Recommendation to approve budget amendments to loan Fund 131 (Developer Services) a total of $1 ,400,000 from Fund 306 (Parks & Recreation Capital Improvement). Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed) Moved from Item #16A21 (Per Agenda Change Sheet) I. Recommendation that the Board of County Commissioners approve Change Order #5 in the amount of$190,437.50 to Contract #06-3962 New Divisional Software System For Community Development and Environmental Services. Page 8 July 28, 2009 --........~,----"_._._----,.~~_..._-~~_..._,_._-'.".<....."""-'~-"'~"--"--""""-'---'--- _"'_""'"'__'''''~>-<''"....,.y"~,,,,~,''''~'''C~~^~V''''_'''''''~~~""""'~V_~_'_"'_'.._, _..._-....._,._..__~_"~'.'"_.~M"....._..__._____ Approved - 5/0 Moved from Item #16Dl (Per Commissioner Henning during Agenda Changes) J. Recommendation that the Board of County Commissioners approves a Budget Amendment in the amount of$104,220.57 consolidating current funding for Fixed Term Physical Monitoring of designated beach, inlet and interior channel locations under Contract #08-5124 to Project No. 90536. Approved - 4/1 (Commissioner Henning opposed) Moved from Item #16F8 (Per Commissioner Henning during Agenda Changes) K. Recommendation to approve replacement agreement for contract #09- 5268 "Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith Arnold and Associates) in the amount of $80,000 annually. Approved - 4/1 (Commissioner Henning opposed) Moved from Item #16C6 (Per Commissioner Coletta during Agenda Changes) L. Recommendation to exempt from formal competition and approve a Legal Services Contract with de la Parte & Gilbert, P.A., for Litigation Related to Orangetree Utilities Case No. 07-2333, Legal Services for Litigation Related to Orangetree Utilities vs. Collier County for a proposed cost not to exceed $550,000, Project No. 75010, and approve necessary budget amendments. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Marcia Cravens - New information on Navigational Markers in Clam Bay 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 9 July 28, 2009 '____.__~",'"c___~..,..,.c."_.____..~."v_..._~""_~,~___..._._""~"'___'_'''_'''''_'''"~'''_"~_'''_''__~'___''___'--'''''' - _'''''''''~_;__I_>'k,,",,"''^~~f~'''''''''-'_'''''''''''''~''''''_~'W""~'''V~_",_,_~~~,__,,,__,,,^ ~ "__<"_"'>'_'~_"_~'_"~"""_"__~""_'~__'-"-- A. Recommendation that the Community Redevelopment Agency (CRA) approves a Resolution approving the form of a Loan Agreement with Fifth Third Bank for a $13,500,000 term loan; authorize the CRA Chairman to sign and make payments as needed to purchase real property and finance various capital improvement projects within the Bayshore Gateway Triangle CRA; pledge Bayshore Gateway Triangle CRA Tax Increment Funds (TIF) and other legally available monies as the loan repayment source; and authorize all necessary budget amendments. To be heard before Item 10E. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) CRA Resolution 2009-195 Adopted - 5/0 B. Recommendation for the Community Redevelopment Agency (CRA) to approve the purchase of an assemblage of six (6) commercial properties located in the Gateway Triangle Redevelopment Area; authorize the CRA Chairman to execute the real estate contract and Addendum; approve payment from Fund (187) and authorize the Executive Director to make payment in the amount of $6,386,000 plus cost and expenses to complete the sale of subject property; and approve all necessary budget amendments. Site address: 5.358 acres within the Gateway mini-triangle (Fiscal Impact $6,386,000). (Jean Jourdan, Proj ect Manager CRA) Approved - 5/0 C. Recommendation for the Community Redevelopment Agency (CRA) to approve the purchase of a commercial property as part of an assemblage of commercial properties located in the Gateway Triangle Redevelopment Area; authorize the CRA Chairman to execute the real estate contract and Addendum; approve payment from Fund (187) and authorize the Executive Director to make payment in the amount of $1,114,000 plus cost and expenses to complete the sale of subject property; and approve all necessary budget amendments. Site address: 0.935 acres within the Gateway mini-triangle (Fiscal Impact $1,114,000). (Jean Jourdan, Project Manager CRA) Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 10 July 28, 2009 ",~"<,~,_~,~,<"_,,,~,,~_~,,~__,,'''''__.~__,~,~__. .__..........."'..,._'"_.~"~_'~..__N__._"~"~".___,...._~_,_.___",,.. . ..____~,__,~___~~~~..,.,_...._,,,..._..,..____'.o',~...,',.""'~"'~'''_''~~_'~'"'_'''''''_''''''''''''''''''''_~__ A. Leo Ochs - Letter from Sheriff's office asking to work with County Attorney to revise the Towing Ordinance - 4 nods B. County Attorney - Requesting a Closed Session on September 15, 2009 at noon regarding Grider Property C. Commissioner Henning - Why spend money extra money on Clam Bay issue if permit is in compliance D. Commissioner Coletta - 13th Street SW and bridge at end of road and discussing traffic/speeding issues E. Commissioner Fiala - Emergency Medical Advisory Committee and issues they have; Motion to have BCC Chair be advisory committee liason and setup regular meeting schedule and have an orientation session - Approved 5/0 F. Commissioner Halas - Motion to Adjourn - Approved 5/0 ---------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ---------------------------------------------------------------------------------------------------- Approved and/or Adopted w/changes - 4/1 (Commissioner Henning opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 118. W/Release of any Utilities Performance Security 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Valencia Golf and Country Club Phase 1 with the roadway and drainage improvements being privately maintained. Resolution 2009-170: W /Release of the Maintenance Security 3) Recommendation to grant final approval of the roadway Page 11 July 28, 2009 ~ ~"_'n~___.._,~______._^._."~_.,~."._,_<._.___~.A~_"_...."___,~=,.~__~...~,.__..._~._.~.,__,_..,_,.,,~~-__.._""",.,'_._". ., _,.__,.O.......,~,><'.__._4~_.___.__,~_~__~,~.__~.M,.~__.__..A__~_~"'~_".,."'_.'".____._.__ (private) and drainage improvements for the final plat of Valencia Golf and Country Club Phase lA with the roadway and drainage improvements being privately maintained. Resolution 2009-171: W!Release of the Maintenance Security 4) This item reauires that ex parte disclosure be provided by Commission Members. Should a hearinf! be held on this item, all participants are reauired to be sworn in. This is a recommendation to approve for recording the final plat of City Gate Commerce Center, Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 5) Recommendation to approve final acceptance of the water utility facility for Arielle at Pelican Marsh. W /Release of any Utilities Performance Security 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek Phase 5 Unit 2. W /Release of any Utilities Performance Security 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 105. W /Release of any Utilities Performance Security 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcell 07. W /Release of any Utilities Performance Security 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 108. W /Release of any Utilities Performance Security 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcell 09. Page 12 July 28, 2009 '''__.<''''____~,......'~._~_.____"..._~~~~~_...___.,h.~'.___.__e.""_"_"',___"~___"",._."_"..___.....~_.__,.",,___,,,,,, """",-_,_'_'-"<~~-"'__.,......_."_....,--,~""..~.-.,~-.,,~---_..-",._--_..._.,~ .,..-., "'--"-"-""~--"'-- W /Release of any Utilities Performance Security 11) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 110. W /Release of any Utilities Performance Security 12) Recommendation to approve final acceptance of the water utility facility for Rubell Dialysis Center. W/Release of any Utilities Performance Security 13) Recommendation to approve final acceptance of the water utility facility for Hawthorne at Lely Resort, Phase 1. W /Release of any Utilities Performance Security 14) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Indigo Preserve. The roadway and drainage improvements will be privately maintained. Resolution 2009-172: W/release of the Maintenance Security 15) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. Recording cost $10.00 per release, totaling $90.00 16) Recommendation that the Board of County Commissioners (Board) receive and approve the Progress Report for the Year 2008, Collier County Floodplain Management Plan, Section 7 of the Collier County Hazard Mitigation Plan. Developed as a requirement for participation in the Community Rating System (CRS) of the National Flood Insurance Program to provide an annual update on policy, accomplishments, objectives and to promote awareness 17) Recommendation to approve a budget amendment to increase appropriations and recognize revenue increase to the General Fund for payment by Lender Fifth Third Bank for costs incurred for Nuisance Abatement associated with the Vita Page 13 July 28, 2009 "-';',",~"--~~-.""'~"'.~'.'~-=-"-'--"~"-'---"-"-~-""".,~._"....".".--".".",'~~'-~-~,----",_,,,.",, -_....""""_..._.....,-_.._~.,..._,,"..;.''''-"',.;"''.~,_....,'-...,,~.''''--"--'''_..-'"._._.~<,., ",""'-'-'''''.~-'''~'''''-''-''''~''<'-'-~----- Tuscana Project. Recognizing private sector funds for the reimbursement of approximately $89,000 initially paid by Code Enforcement to bring the project into code compliance Moved to Item #10H (Per Agenda Change Sheet) 18) Recommendation to approve budget amendments to loan Fund 131 (Developer Services) a total of $1,400,000 from Fund 306 (Parks & Recreation Capital Improvement). 19) Recommendation to approve expenditures exceeding $50,000 for Bid #06-4013--Background Check Annual Contract to Sterling Info Systems, Inc. and Ad-Vance Screening Solutions, Inc. as a secondary vendor for an estimated additional expenditure of $8,000 for the balance of the 09 fiscal year relating to the Vehicle for Hire Program, and extending through the balance of the contract. For screening company owners and driver ID's 20) Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Empire Developer's Group, LLC, relating to property parcel ID 186000005 located within, Collier County, Florida. In the amount of $89,318.00 for four code violation cases and releasing any claim to $48,088.43 for CEB Case No. CESD20080007919 (Vita Tuscana) Moved to Item #101 (Per Agenda Change Sheet) 21) Recommendation that the Board of County Commissioners approve Change Order #5 in the amount of $190,437.50 to Contract #06-3962 New Divisional Software System For Community Development and Environmental Services. 22) Recommendation to approve final acceptance of the water utility facility for Colonial Bank. W /Release of any Utilities Performance Security 23) To provide the Board of County Commissioners with a preview Page 14 July 28, 2009 "_'_m.~".>""..._._,,_.."__%...,_.___"~;___,,".~~__.. _"~"'_~'__'_~"""'___~~"_"._"""'"';"'_~""''''''''''''_'''____'__'"_ II. .." .. '-""""..,"'_____"..~,~____,~_.~__~o____ of the upcoming 2009 cycle of Land Development Code (LDC Amendments by distributing a copy of the master list of proposed LDC Amendment requests for LDC Amendment 2009 Cycle 1. As detailed in the Executive Summary B. TRANSPORTATION SERVICES 1) Recommendation to approve and execute the 2009/2010 Transportation Disadvantaged Trip & Equipment Grant Agreement FM #20724618401/20724638401 and a Resolution Authorizing its Chairman to execute the agreement for a total project cost of $635,312.00. Resolution 2009-173 2) Recommendation to reimburse The Villages at Emerald Lakes Four and Five Condominium Associations, Inc., the total amount of$9,800 for the demolition and removal of the sound barrier wall and to approve any necessary budget amendments. For costs surrounding a Code Enforcement case on an easement that had been conveyed to the County in 1998 3) Recommendation to approve the sole source purchase of Wavetronix Data Collector Appliance, as well as the Data Translator Plug-in from Transportation Control Systems, Inc., in the amount of $78,690.00 from the PUD Monitoring/Traffic Counts Project No. 69124. To measure real time and historic traffic demand on the County's arterial and collector roadways 4) Recommendation to approve a Right of Entry to allow Speedway SuperAmerica, LLC to complete an environmental site assessment. Resulting from a 1987 fuel discharge on property at 3280 Tamiami Trail that is now owned by Collier County 5) Recommendation to approve the purchase of 2.27 acres of unimproved property which is required for the construction of a Page 15 July 28,2009 -_..;....~__~.,_~.~~._...,."..~...._._".~_.,__.___~_'...__e_~"_,,.__, ~._~"'.~"MC...."...."""""..~"'_,,,...""_,_.~___,__.~_.,, -* ___"'_..,.."'_..,.~_.,_.,"""~~,.,~..'w_'"_,_~,,___._~,.,"_._.__~'_'__"""~'__'_"""_~"_M.....,....h'___",_ stormwater detention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $62,837.50). On lih Ave N.E. in Golden Gate Estates, Tract 75, Unit #17 6) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a Resolution and a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT), under FM #425477-1-58-01, that provides $6 Million in State funding for improvements to Oil Well Road from Immokalee Road to Everglades Boulevard. Project #60044. Resolution 2009-174 7) Recommendation that the Board of County Commissioners authorizes a transfer of $250,000 from Fund 313 (Reserve for Contingencies) to Project #60166 (Logan Boulevard) for legal fees associated with Case No. 09-245l-CA, G.L. Homes of Naples Associates II, Ltd. vs. Collier County. As detailed in the Executive Summary 8) Recommendation that the Board of County Commissioners approves the Landscape Maintenance Agreement between Collier County, Florida and Hole in the Wall Golf Club for landscaping within the right-of-way on Goodlette Frank Road. For the installation of enhanced Bermuda sod, irrigation and ongoing mowing and maintenance in County ROW's 9) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $360,939.50. For the following projects: Countywide Pathways, TIS Review, PUD Monitoring/Traffic Counts and Santa Barbara ROW 10) Recommendation to approve a change order to a work order in for $43,950.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contract #06-3969 Fixed Term Professional Page 16 July 28,2009 -"--,-"._---,----,._-~.........-- ..,.."..,,__~___~._.,._,~<_~,,~"'_.,,_~..._.~.."_'~__._m~.."_."~_._~^'.,_.~,..."_~...._.__ Engineering Services for the Lely Area Stormwater Improvement Project (LASIP), Whitaker Road Improvements (Project No. 51101) to relocate utility pipelines in conflict with stormwater improvements due to unforeseen conditions. Whitaker Road from County Barn Road to the Santa Barbara Corridor scheduled for completion June 4,2010 11) Recommendation to approve a Resolution certifying the statutory dedication and acceptance ofa portion of Weber Boulevard by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of a Right of Way map. Proj ect No. 68056 (Fiscal Impact: $45.00) Resolution 2009-175 12) Recommendation that the Board of County Commissioners approve the use of the new Bank Drive-in rate, effective June 8, 2009 for the purpose of re-calculating the applicable Road Impact Fees for the American Momentum Bank. Reimbursing $154,408 in fees paid for the proposed bank site at 8771 Tamiami Trail N. 13) This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between Pulte Home Corporation and The Bryan W. Paul Family Limited Partnership (The Developers) and Collier County to grant temporary drainage and construction easements for the programmed expansion of Oil Well Road. As detailed in the Executive Summary 14) Recommendation to adopt a resolution requesting that the Florida Department of Transportation quitclaim to Collier County certain right-of-way, being the North fifty feet of the South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County, Florida, required for construction of the Wilson Boulevard Extension. Estimated Page 17 July 28, 2009 ~'~'---'-----'"'---"--~"-'-'-.-'-"'-"~~"'-"'''''''"--'''~__'.^'-___'''-'''''-J"_ -" -~--- "~'"'-"-"'~-"-"~~~.'-"''''------- fiscal impact: None. Resolution 2009-176 15) Recommendation to authorize the Chairman to execute an easement instrument to convey a utility easement and sign related conveyance documents to the City of Naples at the Freedom Park (aka Gordon River Water Quality Park). To provide water to the building and park facilities 16) Recommendation to approve a contract between the Florida Department of Environmental Protection through its Office of Coastal and Aquatic Managed Areas (CAMA), and Collier County, for the paving of Shell Island Road. An approximately three-mile long road within the Rookery Bay National Estuarine Research Reserve and funded by FDEP 17) Recommendation that the Board of County Commissioners approve an Interlocal agreement with the City of Marco Island for the landscaping and irrigation maintenance on SR 951 and north of the Marco Island Bridge. (Estimated annual fiscal impact: $92,500) Approximately 3.26 acres beginning north of the Jolley Bridge and extending to the south end of MacIlvane Bay 18) Recommendation that the Board of County Commissioners issues a resolution approving and authorizing the Chairman to sign a Landscape Maintenance Agreement between Collier County and the Florida Department of Transportation (FDOT), for landscaping being installed in the medians on SR 951 at Bridge No. 030148 Marco Island Bridge North. (Estimated annual fiscal impact $10,000) Resolution 2009-177 19) Recommendation for the Board of County Commissioners to approve a budget amendment to reallocate funding from Transportation Engineering's operating funds into their personal services budget. In the amount of $79,000 Page 18 July 28, 2009 "_"_'~"___'_~""__""""A'__'___"""_",^,_,'..,,___,.__._~,~,",""~"_......"__~._~","_".,_.~""",,,<O&...____ ...._~~.,~_."._.'__~""~.,"~""'__."_,_"',.,_",<,~"'"."_~_._,."_""~""~__""'"~""'''_''~'''''_''',''_'~'.n_'_'''_,..,,_._~>u,_.w..__<_~_ 20) Recommendation to award RFP #09-5239 Annual Contract for Landscape Maintenance Vendors under Category I: Landscape Maintenance and Irrigation to the following firms: Hannula Landscaping Inc., Florida Land Maintenance, Vila & Son Landscaping, Corp., Busk and Associates and Caribbean Lawn Service; Category II: Mowing and Right-of-Way Maintenance to the following firms: Hannula Landscaping Inc., Florida Land Maintenance, Vila & Son and Caribbean Lawn; Category III: Tree Service to the following firms: Davey Tree Service and Signature Tree Care; and Category IV: Pest Control Services not to be awarded. C. PUBLIC UTILITIES 1) Recommendation to approve a budget amendment to transfer an amount not to exceed $342,000 from Project No. 71058, Initial Water Legal to a new Project No. 70015, titled General Legal Services. Ensuring that expenses are not capitalized by reclassifying this project into an operating category 2) 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 1992, 1993, 1994, 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $78.50 to record the Satisfactions of Liens. Resolution 200-178 3) 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 #68341320009 4) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2009 tax year. Resolution 2009-179/CWS Resolution 2009-01 Page 19 July 28, 2009 '->".___'"~hW.~'_V'.M"'~__~_=-""_,<___,__",_~"""_;",,,,"",,, -" A --'-----;'-"*,,",,,,"'''''' _'__'__~_~~~*_"'"'4,"~_,."_,_.__"~____ 5) Recommendation to award purchase orders to the two lowest bidders for each chemical category under Bid #09-5170, titled Purchase and Delivery of Chemicals for Utilities, which are required for potable water, wastewater, and irrigation quality water treatment by the Water and Wastewater Departments. Moved to Item #10L (Per Commissioner Coletta during Agenda Changes) 6) Recommendation to exempt from formal competition and approve a Legal Services Contract with de la Parte & Gilbert, P.A., for Litigation Related to Orangetree Utilities Case No. 07- 2333, Legal Services for Litigation Related to Orangetree Utilities vs. Collier County for a proposed cost not to exceed $550,000, Project No. 750 I 0, and approve necessary budget amendments. 7) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Pre-Award Cost Request Form requesting pre-award credit of $5,796.00 in staff time and expenditures as an addition to the grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program for up to $50,000 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. 8) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Pre-Award Cost Request Form requesting a pre-award credit of $54, 164.80 in staff time and expenditures as an addition to the grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program for up to $320,000 to construct a six-inch High Density Pol ethylene leachate pipe at the Collier County Landfill. In order to handle additional leachate created by a severe storm or other catastrophic event 9) Recommendation to approve a Certification of Financial Page 20 July 28, 2009 ~--"--,*",-"-"--~-,,<-,,-,,,-,~-'''''_.'',.,~~-~,_.._,~~.,,--.,----.---.." '117 , "'. ... ""-''''-'''''''''''''''''''''~--~'-~-''''-~'''''.~"_.._....~ .'.'... .."...-..".-....--....,'.- Responsibility in the amount of $1 , 112,400 required by the Department of Environmental Protection for the renewal of the operating permits for the Deep Injection Well Systems at the North and South County Water Reclamation Facilities. To maintain adequate financial reserves on-hand if an injection well would no longer be required and would have to be plugged and abandoned 10) Adopt a Resolution to set the date, time and place for an Advertised Public Hearing where the Board of County Commissioners will adopt Fees (Special Assessments) to be collected on the Property Tax Bills for Curbside Trash Collection Services for the 2010 Budget Year, approve the notification to customers, and approve a budget amendment for $50,700. Resolution 2009-180 (District I) and Resolution 2009-181 (District II) 11) Recommendation to approve Amendment One (l) to the Franchise Agreement between Collier County and Waste Management Inc., of Florida, for Solid Waste, Recyclable Materials, and Yard Trash Collection Services, to provide debris removal services after a natural or man-made disaster. 12) Recommendation to approve and authorize the Chairman to sign a Florida Department of Environmental Protection Innovati ve Recycling and Waste Reduction Grant application in the amount of$343,070.00 to fund the "Implementing Recycling at Temporary Events Ordinance" program. To encourage recycling at temporary events by funding recycling supplies, incentives, education and outreach 13) Recommendation to award Bid Number 09-5267 Rehab Reactor #1 - SCRWTP in the amount of $97,400 to Douglas N Higgins, Inc. to complete the rehabilitation of the Reactor # I at South County Regional Water Treatment Plant. Project No. 71065.5. For repairs due to raw water penetrating through the tank Page 21 July 28, 2009 "-,._-_.-.~- .-...---....--"'. -..... -.." .... ... .._....'...__".""".__"._"',..,'"_.,__.~,,~.",._._.._'.N~.___ wall and moisture and calcification having formed on the outside of the tank D. PUBLIC SERVICES Moved to Item #10J (Per Commissioner Henning during Agenda Changes) 1) Recommendation that the Board of County Commissioners approves a Budget Amendment in the amount of $104,220.57 consolidating current funding for Fixed Term Physical Monitoring of designated beach, inlet and interior channel locations under Contract #08-5124 to Project No. 90536. 2) Recommendation that the Board of County Commissioners provides after-the- fact approval for the submission of the 2010 State Challenge Grant Application, which was submitted to Department of Children & Family Services Office on Homelessness in the amount of $144,000.00. To be used for facilitating their intake process, maintaining transportation vehicles, expanding their information management reporting systems and increasing programs and services for transitioning clients 3) Recommendation to authorize a budget amendment totaling $264,905 that will provide additional funding for 2009 Summer Food Grant Program. The number of children qualifying for the program increased by 550/0 4) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Continuum of Care (CoC) Supportive Housing Program (SHP) Grant Agreement FL14B50-600l, between the U.S. Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners. Extending the term agreement until January 31, 2011 5) Recommendation to approve an Agreement regarding the conveyance of a portion or all of the access easement acquired Page 22 July 28, 2009 -"_'__'___'___"~'_',_"_1.,_~_"_........_"_.-.~~.",_-..._,"___.,,,___.,_ .... ----,--~"-.."...,.~-"',.... ..__.._-_....""-~-_."---~-- for the Delasol Neighborhood Park at a cost not to exceed $42. Project #800605. 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to project number FL14B50-600l Continuum of Care (CoC) Supportive Housing Program (SHP) Subrecipient Agreement with the Shelter for Abused Women & Children (SA WCC) for the Construction and Services for the Transitional Housing Program. Funds will be applied towards the building of a playground for the participants of the transitional housing program 7) Recommendation to approve a budget amendment recognizing $20,023.80 in revenue from an insurance reimbursement for netting at two softball fields at Max Hasse Community Park. Damaged due to Tropical Storm Fay 8) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,763 and approve the associated budget amendment of $330,763 recognizing the funding associated with this award. 9) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve a budget amendment to reflect a decrease of$5,125 in the Alzheimer's Disease Initiative (ADI) grant program. For the period of July 1,2009 through June 30, 2010 10) Recommendation that the Board of County Commissioners provides after-the-fact approval for submission of the Neighborhood Stabilization Program 2 application to the U.S. Department of Housing and Urban Development for funding Page 23 July 28, 2009 ._._.,......~.__.~_.~..,"-~.~----~_._--,..._-~._"----~-"..'--_.,--- "."<1 -'fIJ'<I~ "'........,._"'-_.~_...-"'.__..._-"--.._~..._~-."".,..,~_.~,-- under the American Recovery and Reinvestment Act of 2009 in the amount of $1 0,000,000. Due to the deadline for applications of July 17, 2009 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a modification to Disaster Recovery Initiative Agreement #08DB-D3-09-2l- o l-A03 between the Florida Department of Community Affairs and Collier County. This modification will add new activities to utilize grant funds previously awarded to the Housing Development Corporation of Southwest Florida, Inc. (f.k.a. Collier County Housing Development Corporation) and Immokalee Helping Our People in Emergencies, Inc. 12) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve a budget amendment to reflect a decrease of $1 7,514 in the Community Care for the Elderly (CCE) grant program. 13) Recommendation to authorize acceptance of the conveyance of a Sovereignty Submerged Lands Lease Renewal and Modification to Reflect Change in Ownership, Reflect Change in Description of Use, reflect Change in Term, Increase and Reflect Correct Square Footage from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at a total cost not to exceed $146.00 for recording fees, Project No. 80611.1. Due to FDEP requirements for permit application #11- 0138665-005 14) Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for installation of overhead electric distribution lines to provide electric service to the Margood Park located at 321 Pear Tree A venue, Goodland at a cost not to exceed $27.00. Easement measuring 10 feet in width and comprises of .10 Page 24 July 28, 2009 '''-'''~._.>-''-'''''''~''~''='-'''-''~''''--''''''--'--'.~--~"''~"~-'''~---';'----'''-''''-'''' "'W T ___"'.__.._'._.....'m'''..''''''~~._,.''''''''____._."._'''_____.,,''~_.__...,_~~.'""'_"...._........._,.._'__"."._~_-..'_ acres 15) Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for installation of underground electric distribution lines to provide electric service to the Margood Park located at 321 Pear Tree Avenue, Goodland at a cost not to exceed $27.00. Easement measuring 5 feet in width and comprises of .03 acres 16) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve a budget amendment to reflect an increase of $382 in the Home Care for the Elderly (HCE) program. Reflecting an increase in the case management allocation 17) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a proposed land lease agreement with the Collier County Senior Resource Center, Inc. to use the old (existing) Golden Gate Branch Library site for a Senior Resource Center. Resolution 2009-182 18) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a grant agreement and certification statement from the U.S. Department of Housing and Urban Development (HUD) accepting a Homelessness Prevention and Rapid Re-Housing Program (HPRP) grant award in the amount of $888,850 and approve the associated budget amendment recognizing the funding and appropriating the expenditures associated with this award. 19) Recommendation to approve a temporary Right of Entry for Lee County Electric Cooperative, Inc. (LCEC) to stage, off- load and load electric transmission poles, associated materials, and for access on, over and across County property at 9800 Page 25 July 28, 2009 ","_~_"__<_,_,~_o_,"~,____"~_,,,, ....~-~'-,._._._---.-.-___"~_.""""""- 1 -,- _"''''''_~-;<=___'___.'_~~''>~_'~_"''^_''_-''_~_'_'_''_'O_''__'_",,_,_.._"___ Isles of Capri Boulevard at no cost to the County. Needed for improvements to existing electrical utility services to Marco Island, Folio #01049600004 E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners ratify modifications to and deletions from the 2009 Fiscal Year Pay and Classification Plan made from April 1, 2009 through June 30, 2009. 2) Recommendation to name six acquired Conservation Collier preserves. Oetting/Freitas Property to be named Panther Walk Preserve, Malt to be Shell Island Preserve, Milano Property to be Alligator Flag Preserve, Brochu Property to be Limpkin Marsh Preserve, Rivers Road Property to be Rivers Road Preserve and Starnes Property to be Caracara Prairie Preserve 3) Recommendation to approve budget amendments to move operating funds within the IT Departments adopted FY09 budget to cover staff salary and benefits expenses. Due to a budgeted attrition that did not occur 4) Recommendation to approve a budget amendment that will allow a transfer of $48,600 from Conservation Collier Land Management Fund Reserves to Conservation Collier Land Management Fund Operating. Funding for the Pepper Ranch Management 5) Recommendation to approve and authorize the Chairman to sign a contract for the sale of internally developed software to Sarasota County and to approve a budget amendment recognizing revenue of $25,000. For vendor evaluation software 6) Recommendation to approve a First Amendment to Lease Page 26 July 28, 2009 ,_.>-~.._---~_.,-.....- 0_______- ni7 ~---~--,._----"'...__-.-........_.~"'~,~..~_.__..~~,~_.-._.,.--- Agreement with Gerald T. and Catherine L. Berry for the continued use of office space used by the Clerk's Office at a cost of $39,323. Lease to be terminated December 2009 for office space located at 2671 Airport Road 7) Recommendation to enter into an interlocal agreement with the City of Bonita Springs to mutually extend local preference to vendors within both entities. 8) Recommendation to approve the Brochu Preserve Final Management Plan under the Conservation Collier Land Acquisition Program. First year land management activities are estimated to be $26,500 for initial invasive, exotic plant removal 9) Recommendation to award RFP #09-5255, SAP Document Management System Consulting and Implementation Services to LeverX, Inc. and authorize the Chairman to execute the standard contract documents. Total project costs for hardware and services are not to exceed $360,000. To standardize and streamline the County's document storage and retrieval process 10) Recommendation to approve a Budget Amendment appropriating additional funds received in the Freedom Memorial Fund (Fund 620). For further construction costs 11) Recommendation to approve Budget Amendments to recognize and appropriate miscellaneous revenues totaling $103,668.75 for computer hardware and IT services. To pay IT infrastructure operating costs 12) Recommendation to award Bid #09-5240 Locksmith Hardware to multiple vendors listed; Interline Brands, Inc. D/B/A Sexauer, Independent Hardware, Inc., Accredited Lock Supply, Southern Lock & Supply Co., and Clark Security Products, Inc. (Estimated annual fiscal impact $60,000) Page 27 July 28, 2009 <._--~.~ ..~._--_.",---- .- ."~""~,--,..".--.,-""..._., ""-~-'<<-"..,~.~~-~,,~_....,-~---_....- 13) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of May 20, 2009 through July 7, 2009 14) Recommendation to authorize the Chairman to sign Modification No.4 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 40l815J02l to fund habitat restoration at the McIlvane Marsh Preserve in the amount of $21,500. 15) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from Corporate Express Business Interiors (CEBI) to Staples Contract & Commercial, Inc., d/b/a Staples Advantage (Staples) for Janitorial Supplies for Emergency Medical Services (EMS) Department, Office Supplies for multiple departments, and Systems Furniture for the New Emergency Services Center (ESC). Staples purchased CEBI outstanding capital stock in July 2008 16) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from M/ A-Com, Inc., to Harris Corporation for equipment purchases, maintenance, software licensing and services for the operation of Collier County's 800 MHz trunked radio system. Harris Corp purchased M/A-COM on April 16, 2009 17) Recommendation to approve and authorize the Chairman to sign a second addendum to the County Manager Employment Agreement for the purpose of correcting conflicting provisions in Sections 12(B) and l2(C) of the agreement. To clarify benefit provisions and eliminate potential liability to the employer F. COUNTY MANAGER Page 28 July 28, 2009 -"""""_-'-~_'''''''--~-_..._.,~,...,-_.~---""...._-..,,,,~_. .....-..,-- ~.... "" ..... ,.-,.----..,-=-..-- _.,-..._.._.,-,_._,_...~,~- 1) Recommendation to approve the submittal of a Volunteer Fire Assistance Grant Application to the Florida Division of Forestry for the purchase ofVHF radios and authorize the Chairman to sign the application. (Fiscal impact 50% County match: $2,721.25) To be used by Isles of Capri Fire Rescue District 2) Recommendation that the Board of County Commissioners award Bid #09-5235 for Lake Bank Geotextile Tube Installations for the Pelican Bay Services Division, in the amount of $100,000 to Erosion Restoration, LLC. Funds are budgeted within the Pelican Bay Services Capital Projects Fund 322 3) Recommendation to approve a Budget Amendment to recognize and appropriate Grant administrative revenues totaling $54,716.97 for reimbursement of personnel and operating expenses. Due to Tropical Storm Fay 4) Recommendation to approve an amendment to Contract # 1904 between the Board of Collier County Commissioners and Florida Department of Agriculture and Consumer Services, Division of Forestry, for fire protection of forest and wild lands within Collier County. Reducing the number of acres that Collier County is required to pay the Department for its fire protection services 5) Recommendation to approve the application sponsored by the Collier County Bar Association to officially recognize the name, "The Honorable Hugh D. Hayes Courthouse Annex" for the new courthouse annex at the Collier County Government Center. 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance Page 29 July 28, 2009 .....--...-.- ~""-----'...... ...... ...... , ~ ---"'--'"""'--""---~--'~'"""""",,,,,_.,,,~,,~_....,_.__.,...,~.,.,,~,"<-.,-.."..-..,"''-.-..-.....--.-,-..- proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-183 7) Recommendation to approve and authorize the Chairman to sign a Modification to the Fiscal Year 2009 Emergency Management Preparedness and Assistance Grant accepting $77,198 in grant funds and approve a Budget Amendment to recognize and appropriate the revenue. Agreement #09-BG-03-09-21-01 Moved to Item #10K (Per Commissioner Henning during Agenda Changes) 8) Recommendation to approve replacement agreement for contract #09-5268 "Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith Arnold and Associates) in the amount of $80,000 annually. 9) Approve budget amendments. BA#09-407 and BA#09-387 10) Recommendation that the Board of County Commissioners provides the after-the-fact approval for the attached American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Fire Station Construction Grant Application that was submitted by the Ochopee Fire Control District for the renovations to Fire Station 61 at Port of the Islands in the amount of$452,474 funded by the American Recovery and Reinvestment Act (ARRA) of 2009 and accept responsibility for the additional transparency, accountability and reporting compliance requirements of these funds. 11) Recommendation that the Board of County Commissioners approves Change Order #3 on Contract #06-4007 with Paradise Advertising and Marketing, Inc. for up to $918,000 in additional billing at gross in accordance with their agreement with Collier County and authorizes the Chairman to execute the Change Order. For media and production used by the Tourism Department Moved to Item #10G (Per Agenda Change Sheet) Page 30 July 28,2009 ----------,.. _.,_...._..___,_.__,_.._""'''..... "'tf> 1M"," . ....-,..-. ""..............,"'----..._-_.__.-"',"'.....,--~--"""'"'"'-~_._-,- 12) Recommendation that the Board of County Commissioners approves a Tourist Development Tax Category B Grant Application for a Mexican Independence Day Celebration Event in the amount of $14, 112 and authorizes the Chairman to sign said agreement. 13) Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,735,000. Final loan payment to be made on August 3, 2009 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners approves an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) grant offer for $247,000 for the acquisition of 2.73 acres of land (Tract Q) purchased from WCI Communities, Inc. on November 18,2008 required for Phase I of the Taxiway Project at the Marco Island Executive Airport, and associated budget amendments. The County's match of $13,000 is available in Fund 496 2) Recommendation for the Board of Collier County Commissioners acting as the governing body of the Bayshore Beautification Municipal Services Taxing Unit (MSTU) to approve an Agreement with Florida Power and Light (FP&L) for the installation and service of lights on sixty eight (68) existing power poles located on side roads lying east and west of the Bayshore Drive corridor; authorize the BCC chairman to execute the Agreement on behalf of the Board; approve and authorize the CRA Executive Director (Administrator of activities of the MSTU) to make payment from MSTU Fund 163 for the costs of associated monthly fees. (Fiscal Impact $89,760.00 over 10 years). Estimated cost to provide service equated to $748.00 per month Page 31 July 28, 2009 '...---....'-.""'----,,-"--,...-""----...- . --------''''',...._.~ -'"'--"--'-'-~--'----- 3) Recommendation that the Board of County Commissioners accepts and authorizes its Chairman to execute a Grant Agreement with the Federal Aviation Administration in the amount of $49,158, and approve all necessary budget amendments, for the installation of storm water management structures required by the South Florida Water Management District for the expansion of the aircraft apron at the Immokalee Regional Airport. Total project cost is $51,745, County's local match of $2,587 is available in Fund 497 4) Recommendation that the Community Redevelopment Agency (CRA) approves the Bayshore Gateway Triangle Local CRA Advisory Board hosting a Bayshore Cultural Festival of the Arts event, approve up to $25,000 from the Bayshore Gateway Triangle Trust Fund (Fund 187) FYlO Marketing & Promotions budget to financially support event costs, and declare that the event serves a valid public purpose. (Advisory Board, Bayshore Gateway Triangle CRA) To be held in January 2010 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend a function serving a Valid Public Purpose. He attended EDC's 2009 Post-Legislative Luncheon at Hilton Naples, 5111 Tamiami Trail North on 18th June, at 11 :30 a.m. $20.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC Post-Legislative Luncheon on June 18,2009 at the Hilton Naples in Naples, FL. $20.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Page 32 July 28, 2009 .~"-~'---- -'" ... 'l1"<r - -..-----.--.---- Valid Public Purpose. Attended the F AC Sunset Dinner Cruise on June 23, 2009 on board the Marco Island Princess at Marco Island, FL. $50.00 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 Immokalee Rotary Club with staff on June 3, 2009 at Immokalee, FL $40.00 to be paid from Commissioner's Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce meeting with staff on June 3, 3009 at Immokalee, FL. $45.00 to be paid from Commissioner Coletta's travel budget. Located at 1300 N 15th Street, Suite 2 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as desired. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of June 13,2009 through June 19, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 20, 2009 through June 26, 2009 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of June 27, 2009 through July 3, 2009 and for submission into the official records of the Board. 4) Request that the Board of County Commissioners accepts and Page 33 July 28, 2009 "---------------, .....--. ..~--'"'_. -_"_'_'_""--_._",,-_..~-~_.,.."..__....-,.,,,,~-,~,-"-"~~~",,-,_-"_..-~~- approves capital asset disposition records for time period April 1, 2009 through June 30, 2009. 5) Recommend that the Board of County Commissioners serve as the local coordinating unit of government for the Federal Year 2009 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) funds, execute the Certificate of Participation, designate the Sheriff as the official applicant, approve the CCSO Finance Director as the grant chief financial manager and the CCSO Grant Coordinator as the grant contact person; approve the grant application when completed, authorize acceptance of the award, and approve associated budget amendments. Funds allocated in the amount of $184,777 by FDLE 6) Approve a budget amendment recognizing $1,770,000 in revenues for miscellaneous services provided and expenditures in the Sheriffs FY2009 General Fund budget. For services including special detail contracts, dispatch services, driver's license facility security, sexual predator collections, inmate medical and subsistence needs and inmate housing 7) To obtain Board approval for disbursements for the period of July 04, 2009 through July 10, 2009 and for submission into the official records of the Board. 8) Recommendation that the Board approves a partial prepayment of the Naples Park Area Stormwater Improvement Assessment Bond, Series 1997 in the amount of $185,000 and the requisite budget amendment. Prepayment will take place on September 1, 2009 9) To obtain Board approval for disbursements for the period of July 11, 2009 through July 17, 2009 and for submission into the official records of the Board. Withdrawn (Per Agenda Change Sheet) Page 34 July 28, 2009 ------- J ,I>.. ";0.,"," ......-----~--,-,..-'-_._,,---~--------- 10) Recommendation to approve an Integrated Criminal Justice Information System Cost-Sharing Agreement with the Collier County Clerk of Circuit Courts, the Public Defender for the Twentieth Judicial Circuit, the State Attorney of the Twentieth Judicial Circuit, and the Chief Judge for the Twentieth Judicial Circuit and approve necessary budget amendment in the amount of $600,000. K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to send to the National Park Service affidavits of 5 employees which will end a dispute with the National Park Service over the ownership of a portion of Burns Road. 2) Authorize the making of an Offer of Judgment to Property owner, 524 Broadway Company, L.P., for Parcel Nos. 122 and 123 in the amount of$40,320 in the lawsuit styled Collier County v. William Pilger, et aI., Case No. 06-ll25-CA (County Barn Road Project No. 60101) (Fiscal Impact $6,720). For a .20 acre parcel to be used for a road right-of-way 3) Authorize the making of an Offer of Judgment to Respondent, Waterways Joint Venture, IV, for Parcel No. 178RDUE in the amount of $5,040 in the lawsuit styled Collier County v. Jorge A. Romero, et aI., Case No. 07-268l-CA (Oil Well Road Project No. 60044) (Fiscal Impact $840). For a .121 acre parcel to be used for a perpetual, non- exclusive road right-of-way, drainage and utility easement 4) Authorize the making of an Offer of Judgment to Respondent, Cornelia Jones, for Parcel No. 811 in the amount of$24,015 in the lawsuit styled Collier County v. Myrtle Preserve, LLC, et aI., Case No. 07-463-CA (Lely Area Stormwater Improvement Project No. 51101) (Fiscal Impact $4,415). For a .41 acre parcel needed for stormwater improvements 5) Authorize the making of an Offer of Judgment to Respondent, Page 35 July 28, 2009 ._,- ~_".W ,....__,_."_,_,,___.-''''''4_'_'..~,__.._.___.___._ Janet R. Messineo, for Parcel No. l61RDUE in the amount of $4,000 in the lawsuit styled Collier County v. Patricia K. Carlyle, et aI., Case No. 07-2829-CA (Oil Well Road Project No. 60044) (Fiscal Impact $2,200). For a .52 acre parcel needed for a perpetual, non-exclusive road right-of-way, drainage and utility easement 6) Authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in the amount of $26,280 in the lawsuit styled Collier County v. Charles R. Wilson, et aI., Case No. 02-5 1 64-CA (Immokalee Road Project No. 60018) (Fiscal Impact $4,380). For a .364 acre parcel to be used for a road right-of-way 7) Authorize the making of an Offer of Judgment to Respondent, Naples Bridge Center, Inc., for Parcel No. 151 in the amount of $49,900 in the lawsuit styled Collier County v. Tech Foundation, Inc., et aI., Case No. 03-2499-CA (Golden Gate Parkway Project No. 60027) (Fiscal Impact $5,000). For a .127 acre parcel to be used for a perpetual, non- exclusive road right-of-way, drainage and utility easement 8) Authorize the making of an Offer of Judgment to Respondent, Eden Institute Foundation, Inc., for Parcel No. 128 in the amount of $88,200 in the lawsuit styled Collier County v. Charles R. Keller, et aI., Case No. 06-876-CA (County Barn Road Project 60 10 I) (Fiscal Impact $14,700). For a .387 acre parcel to be used for a road right-of-way 9) Authorize the making of an Offer of Judgment to Respondent, Seacrest School, Inc., for Parcel Nos. 829A and 829B in the amount of $69,600 in the lawsuit styled Collier County v. Charles R. Keller, et aI., Case No. 06-876-CA (County Barn Road Project 60101) (Fiscal Impact $11,600). For a .464 acre parcel to be used for a road right-of-way 10) Authorize the making of an Offer of Judgment to Respondent, Jorge T. Torres, for Parcel No. 209FEE in the amount of $48,700 in the lawsuit styled Collier County v. Pablo M. Page 36 July 28, 2009 ~"--~"--..._-,-_..._"_._-"..._~,-".._-,....,, ~ -'"--..~ ~.....v r ~'_""'~'_""'~_'m;~'~~~~"_~_". ~,'"~.,~~~_ Sardinas, et aI., Case No. 07-2824-CA (Oil Well Road Project No. 60044) (Fiscal Impact $22,200). For a .758 acre parcel needed for a road right-of-way 11) Recommendation to approve a Mediated Settlement Agreement and authorize a Stipulated Final Judgment incorporating the same dollar amounts in the amount of$2,265,900 for Parcels 113FEE, l14FEE, l14TCE, l16FEE, l16TCE, l16DE, and l18FEE, plus $180,000 in attorney's fees, expert fees and costs in the lawsuit styled CC v. Andy Morgan, et aI., Case No. 07- 4400-CA (Santa Barbara Boulevard Extension Project Number 60091) (Fiscal Impact: $914,270.00). Property located between Davis Boulevard and Rattlesnake Hammock Road 12) Recommendation to approve Releases relating to seven (7) Orders of the Special Magistrate against properties owned by Centex Homes. Recording costs are $10 per release, totaling $70.00 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM ST AFF; 2) UNANIMOUS RECOMMENDATION FOR APPROV AL 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. Moved to Item #8B (Per Agenda Change Sheet) A. Recommendation that the Board approve an Ordinance Creating the Page 37 July 28, 2009 .--.----.--- ... .. lIf"V1"'l"-" _ 1'~ . ....-....._""'_....-""_______,~_."._,_.,."_~.,.._~._~'"_._~_.._"""'_ Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit. B. This item reauires that ex parte disclosure be provided by Commission Members. Should a hearinf! be held on this item, all participants are reauired to be sworn in. SNR-2009-AR-14205 Marbella Lakes Associates, LLC, is requesting to rename a street from Marbella Boulevard to Hermosa Way. Subject property is located in Tract A-I of the Marbella Lakes Subdivision, according to the plat thereof recorded in Plat Book 46, Pages 77 through 93, of the Official Records of Collier County, Florida, which is in Section 19, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2009-184 (W/c1arification) C. This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2008-AR- 13671, The Collier County Parks and Recreation Department, represented by Heidi Williams, AICP, of Q. Grady Minor and Associates, is requesting eleven variances from LDC subsection 4.06.02 regarding buffer requirements and one variance from LDC subsection 4.02.03 regarding standards for location of accessory buildings and structures, with all 12 variances being for a community park to be known as the Mar Good Harbor Park in the Residential Single-Family (RSF-4) and Village Residential (VR) zoning districts with a Goodland Zoning Overlay (GZO). The 2.62-acre subject property is located in Goodland, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. CTS Resolution 2009-185 D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, tranfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-186 E. Recommendation to adopt an Ordinance amending Ordinance No. 92- 40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, to expand its boundaries to match the urban boundary within the current Immokalee Community Page 38 July 28, 2009 "- . '_',' IIl'w - . _____...............~__......"--'''_".M~_.'_.~___._~___ Redevelopment Agency (ICRA) boundaries. Ordinance 2009-39 F. This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR- 13967, the Collier County Department of Parks and Recreation, represented by Heidi Williams, AICP, ofQ. Grady Minor & Associates, is requesting a Rezone from the Residential Single-Family (RSF -4), Village Residential (VR) and Goodland Zoning Overlay (GZO) zoning districts to the Public Use (P) Zoning District for a community park. The approximately 2.62-acre waterfront property is located on the north side of Pear Tree A venue in Goodland, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. CTS Ordinance 2009-40 G. This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2008-AR- 13679, Edward Larson of Messiah Lutheran Church Inc., represented by Dwight Nadeau of RW A, Inc., is requesting a Conditional Use in the Estates (E) Zoning District to expand an existing church pursuant to Subsection 2.03.01.B.1.c.1 of the Land Development Code. The 5. 1 5-acre subject property is located at 5800 Golden Gate Parkway in Section 29, Township 49 South, Range 26 East, Collier County, Florida. CTS Resolution 2009-187 H. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2004-43, by increasing the surcharge imposed for non-criminal traffic infractions set forth in Chapter 318, Florida Statutes, and those offenses enumerated in Section 318.17, Florida Statutes, from $15.00 to $30.00, in order to implement recent legislation amending Section 318.18(13), Florida Statutes. Ordinance 2009-41 I. Recommendation that the Board approves an ordinance imposing civil fines and penalties for the patently false reporting of violations of County and State laws to public officers and law enforcement officers, Page 39 July 28, 2009 ............ --- "" ~.._--"'"'""~'.",<~,~."-~"".~---,-~._- which require the unnecessary exhaustion of public resources. Ordinance 2009-42 Moved to Item #8A (Per Agenda Change Sheet) J. This item reauires that ex parte disclosure be provided by Commission Members. Should a hearinf! be held on this item, all participants are reauired to be sworn in. SNR-2009-AR-14206 Marbella Lakes Associates, LLC is requesting to rename a street from Green Boulevard to Marbella Lakes Drive. The subject property is located in Tracts A-2 and A-3A of the Marbella Lakes Subdivision, according to the plat thereof, recorded in Plat Book 46, Pages 77 through 83, of the Official Records of Collier County, Florida, which is in Section 19, Township 49, Range 26, Collier County, Florida. K. To conduct a public hearing to review and adopt revisions to the sign regulations of the Collier County Land Development Code (Ordinance No. 04-41) as a result of the legal challenge asserted in Bonita Media Enterprises, LLC versus the Collier County Code Enforcement Board. Ordinance 2009-43 18. ADJOURN Motion to 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 40 July 28, 2009 '.~''''------ - .... . . - ~ .. ....... --- '"--~---------~-