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Backup Documents 06/23/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-O"'~\1111' .~ -.:~ , "1 ,. 0' (j/ ","'" AGENDA June 23, 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 ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." June 23, 2009 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. May 26, 2009 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS (One motion was taken to adopt both proclamations) A. Proclamation supporting the initiative of Basik Development to display a retired Space Shuttle Orbiter at the Naples Big Cypress Marketplace. To be accepted by Keith Basik. Adopted - 5/0 June 23, 2009 Page 2 B. Proclamation designating July, 2009 as Collier County Parks and Recreation Month. To be accepted by Barry Williams, Tona Nelson, Kerry Runyon, Sidney Kittila, Tony Ruberto, Ilonka Washburn, Murdo Smith, Shari Ferguson, Annie Alvarez and Jenny Morris. Adopted - 5/0 5. PRESENTATIONS A. Presentation recognizing State Representative Matt Hudson, District 101, who will be receiving the Florida Association of Counties annual "County Champion Award" for sponsoring House Bill 701 Relating to Notices of Proposed Property Taxes, also known as the Truth in Millage (TRIM) notice bill, which was passed and signed by Governor Charlie Crist during the 2009 Legislative Session. Presented B. Distinguished Budget Presentation Award for the current fiscal year (22nd) from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by John Yonkosky, Director, Office of Management and Budget. Presented C. Recommendation to recognize Christal Segura, Environmental Specialist, Facilities Management, as Employee of the Month for June, 2009. Presented D. Presentation to recognize Ed Torroni, Parks and Recreation Athletic Supervisor, for his outstanding support of the United Way's Southwest Florida Softball Challenge conducted at North Collier Regional Park, June 13-14,2009. Presented by Ernie Bretzmann, Executive Director, United Way of Collier County. Presented E. Presentation by Jon R. Ahlschwede of Stanley Consultants, Inc. to Collier County, Florida recognizing receipt of the National Engineering Excellence Award from the American Council of Engineering Companies for the Golden Gate Parkway Overpass project. The award will be accepted by Transportation Services Division Administrator, Norman Feder and Principal Project Manager, Gary Putaansu. It should also be noted that the June 23, 2009 Page 3 Golden Gate Parkway Overpass is to receive the Grand Award from the Florida Institute of Consulting Engineers at an F.I.C.E. Meeting in August. Presented 6. PUBLIC PETITIONS A. Public petition request by Bill Klohn to discuss Arrowhead Project PUD requirements. To be brought back as a regular agenda item at a future BCC Meeting - Consensus B. Public petition request by Gina Downs to discuss delay in letting contract to begin construction on Oil Well Road. Discussed 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 was continued from the June 9. 2009 BCC Meetinl!:. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: SV-2009-AR-14I40 Red RoofInn, represented by Brent Forte of Site Enhancement Services, Inc. is requesting four Sign Variances from LDC Section 5.06.04. The first variance is from Subsection 5.06.04 C.I. which requires a minimum separation of 1,000-foot between signs to allow 262 feet between signs. The second variance is from Subsection 5.06.04 C.I.a. which allows a 15-foot high sign to allow a 23-foot high sign. The third variance is from Subsection 5.06.04 C.l.c. which allows a sign area of 80 square feet to allow a sign area of 96 square feet. The fourth variance is from Subsection 5.06.04 CA which permits one wall sign to allow an additional wall sign. The subject property is located at 1925 Davis Boulevard, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2009-168: Motion to approve with Staff's recommendations- Adopted 4/1 (Commissioner Henning opposed) B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: V A-2009-AR- 14139, (NG) Hussein Wafapoor represented by Joshua Maxwell of Turrell, June 23, 2009 Page 4 Hall and Associates, Inc., is requesting a variance from Section 5.03.06 E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 4.5 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line). The subject property is located at 140 Conner's Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2009-169: Motion to approve with the CCPC's additional stipulations - Adopted 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :30 p.m. Recommendation that the Board of County Commissioners approves an ordinance creating a mandatory code inspection of foreclosed and abandoned homes, which requires owners of abandoned residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report and certificate of inspection relating to the subject property's compliance with current Collier County Ordinances, including building codes and permitting and zoning regulations, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners' previous direction. (Companion to Items #IOA and #IOB.) Motion to rewrite Items #8A, #10A and #10B and bring back to the Board in September - Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of Commissioners and citizen members to serve on the Value Adjustment Board. Resolution 2009-164: Appointing Commissioner Henning and Commissioner Fiala - Adopted 4/1 (Commissioner Fiala opposed); Motion to appoint the remaining three Commissioners as alternate members - Adopted 5/0; Motion to appoint Clyde C. Quinby as the regular citizen member - Fails 2/3 (Commissioner Coyle, Commissioner Coletta and Commissioner Halas opposed); Motion appointing David H. Farmer as the regular citizen member - Adopted 5/0; Motion to appoint Bruce S. Preble as the alternate citizen member - Adopted 5/0 B. Appointment of member to the Collier County Citizens Corps. June 23, 2009 Page 5 Resolution 2009-165: Appointing Lieutenant Mike Jones to fulfill remainder of the vacant term (expires November 5, 2009) - Adopted 5/0 C. Appointment of members to the Public School Concurrency Citizen Advisory Group. Resolution 2009-166: Appointing Timothy Lee Hancock and Edward White - Adopted 5/0 D. Appointment of members to the Industrial Development Authority. Resolution 2009-167: Reappointing John Agnelli and Ross P. Obley with terms expiring June 12, 2013 - Adopted 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. This item to be heard after Item #8A. Recommendation that the Board of County Commissioners approves a resolution establishing the Foreclosed and Abandoned Home Code Inspection Program Administrative Policy Manual providing definitions and applicability, and establishing regulatory guidelines and requirements consistent wi th the Mandatory Code Inspection of Foreclosed and Abandoned Homes Ordinance. (Joseph K. Schmitt, Administrator, CDES) (Companion to Items 8A and lOB.) Heard with Item #8A B. This item to be heard after Item #8A. Recommendation that the Board of County Commissioners of Collier County, Florida, adopts a Resolution amending Resolution No. 2009-101, known as the Collier County Community Development and Environmental Services Fee Schedule, by adding a Paragraph YY, pertaining to fees for the Mandatory Code Inspection of Foreclosed and Abandoned Homes Ordinance, Ordinance 2009- . (Joseph K. Schmitt, Administrator, CDES) (Companion to Items #8A and #lOA.) Heard with Item #8A To be heard at 11 :00 a.m. (Per Agenda Change Sheet) C. Request approval of the Board of County Commissioners to memorialize the schedule for the Immokalee Area Master Plan (IAMP) Growth Management Plan Amendment Cycle (Thomas Greenwood, Principal Planner and David Weeks, Planning Manager, Comprehensive Planning, CDES) June 23, 2009 Page 6 Motion to accept staff's recommendations - Approved 5/0 D. Continued from the Mav 26~ 2009 and June 9~ 2009 BCC Meetinl!. Recommend approval from the Board of County Commissioners to install navigational markers in Outer Clam Bay for USACE permit compliance and recommendation to move forward with permitting and installation. (Gary McAlpin, Coastal Zone Management) Motion to accept staff's recommendations - Approved 4/1 (Commissioner Henning opposed) E. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update on the programs past activities and to obtain direction on solicitation of proposals for the current acquisition cycle. (Alex Sulecki, Conservation Collier) Motion to suspend solicitations until January 2010 - Approved 5/0 F. Report to the Board concerning the results and impacts of the Local Vendor Preference Policy and recommendations regarding the use of location in the evaluation of CCNA contracts. (Steve Carnell, Purchasing Director) Resolution 2009-169A: For option #3 & direct purchasing to not extend fixed term contracts & to add other professionals to fixed term contracts - Adopted 3/2 (Commissioner Coyle and Halas opposed) Moved from Item #16AIO (Per Agenda Change Sheet) G. Recommendation that the Board of County Commissioners approves Change Order No. 1 to Contract #08-5122 with Post, Buckley, Schuh & Jernigan for a Phase 2 cost of $1 ,303,397.38 to develop Watershed Management Plans required by the Growth Management Plan. Motion to continue to the September meeting - Approved 3/2 (Commissioner Henning and Commissioner Halas opposed) Moved from Item #16C3 (Per Agenda Change Sheet) H. Recommendation 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, (2) contingent upon the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract A, from the Collier County Emergency Management Services Department June 23, 2009 Page 7 (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 $500,000 from the Collier County Solid Waste Management Fund (474), Reserve for Capital Contingencies, to a new Project No. 70013, Naples Recycling Center at Santa Barbara. Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed Moved from Item #16D5 (Per Agenda Change Sheet) I. Recommend approval from the Board of County Commissioners to provide peer review from Turrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS&J Clam Bay Water Quality Monitoring, Data Collection, Circulation/Sediment Model and Natural Resource Characterization Study. The cost for this peer review is expected not to exceed $50,000. Motion to not approve - Approved 4/0 (Commissioner Halas absent) Moved from Item #16D6 (Per Agenda Change Sheet) Recommend approval from the Board of County Commissioners of a Work Order for Water Quality Monitoring, Data Collection, Circulation/Sediment Model and Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the PBS&J proposal for a time and materials, not to exceed price of$265,012 and authorize the County Manager or his designee to execute the Work Order after approval by County Attorney. Motion to not approve - Denied 2/3 (Commissioner Coyle, Commissioner Halas and Commissioner Fiala opposed); Motion to spend $125,000 for initial phase of proposal and analyze all data - Approved 4/1 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item continued from the Mav 26~ 2009 BCC Meetine. Status Report to the Board of County Commissioners regarding the 2003 Agreement and promises made by the South Florida Water Management District with respect to the County's vacating approximately 287 miles of roads in the Southern Golden Gate Estates. June 23, 2009 Page 8 Motion to go forward with lawsuit - Approved 4/0 (Commissioner Halas absent) 13. OTHER CONSTITUTIONAL OFFICERS Moved from Item #16J5 (Per Agenda Change Sheet) A. Recommendation to authorize budget amendments totaling $144,000 that will provide funding for various agencies within the Courts System to cover Article V revenue shortfall for the balance of FY09. Approved - 4/0 (Commissioner Halas absent) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation that the Community Redevelopment Agency (CRA) accept a response to RFP #09-5l77R from Fifth Third Bank for a $13,500,000 term loan; authorize the CRA Chairman to sign the proposal and all other documents in connection therewith; direct the Executive Director to prepare all required enabling documents/resolutions to pledge CRA Tax Increment Funds as the loan repayment source and return for Board approval; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) Approved - 4/0 (Commissioner Halas absent) B. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to execute the attached First Amendment to the Collier County Airport Authority's Executive Director's Employment Agreement, extending the agreement three (3) years starting on October 1, 2009 and providing a salary adjustment. Motion to bring back in September with options - Approved 4/0 (Commissioner Halas absent) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Fiala - Motion to reconsider Bembridge PUD decision at September meeting - Consensus B. Leo Ochs - July meeting attendance: Fiala, Henning, Coletta, Halas and Coyle (maybe by phone) June 23, 2009 Page 9 C. Leo Ochs - Proposed Legislative amendment regarding off shore drilling within 125 mile buffer; Chairman to author a letter to keep current restrictions - Consensus D. Commissioner Coyle - Productivity Committee does not want alternate position filed and to not be advertised - Consensus E. Commissioner Coletta - Reverend Mallory would like county assistance; Staff to work with him to set up payment schedule and potentially phase Rev. Mallory's project F. Commissioner Coletta - Using Facebook and Twitter and how that relates to the sunshine law; County Attorney to give him a legal opinion G. Commissioner Henning - Concerned about proposed budget and fees to citizens H. Commissioner Coyle - Motion to Adjourn - Approved 4/0 (Commissioner Halas absent) ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/Changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Classic Plantation, Phase 3. W /release of any Utilities Performance Security 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Mission Hills Shopping Center. W Irelease of any Utilities Performance Security 3) Recommendation to approve final acceptance of the water utility facility for Polaris Center (a.k.a. 1265 Creekside Parkway). W Irelease of any Utilities Performance Security 4) Request that the Board of County Commissioners (BCC) approves a proposed assignment agreement between the County and the Board of June 23, 2009 Page 10 Trustees of the Internal Improvement Trust Fund of the State of Florida for the Florida Department of Environmental Protection (FDEP) relating to thirty-four (34) parcels owned by Estates at Twin Eagles, Ltd., to allow for the issuance of conveyance bonus credits specified by the Rural Fringe Mixed-Use Sub-District of the Future Land Use Element of the Growth Management Plan and Sections 2.03.07.D.4 and 2.03.08 of the Land Development Code. In compliance with an established conveyance process for property in the South Belle Meade Rural Fringe Sending Area regulated under the approved Picayune Strand Management Plan 5) This item continued from the Aprill4~ 2009 BCC Meetine. Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Boards Rules and Regulations. As detailed in the Executive Summary 6) Recommendation to approve final acceptance of the water, sewer and irrigation utility facilities for Treviso Bay Boulevard. W Irelease of any Utilities Performance Security 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Classic Plantation Estates, Phase 4. W /release of any Utilities Performance Security 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Hibiscus Clubhouse. W /release of any Utilities Performance Security 9) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. Recording costs of $10.00 per release totaling $220.00 Moved to Item #10G (Per Agenda Change Sheet) 10) Recommendation that the Board of County Commissioners approves Change Order No. 1 to Contract #08-5122 with Post, Buckley, Schuh & Jernigan for a Phase 2 cost of$1,303,397.38 to develop Watershed Management Plans required by the Growth Management Plan. June 23, 2009 Page 11 11) This item reauires that ex parte disclosure be provided bv Commission Members. Should a hearine be held on this item~ all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 16, Ellington Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 12) Notification of intent to approve a land use as a comparable and compatible use in the C-5 zoning district, pursuant to a pending Land Development Code amendment, allowing Standard Industrial Classification (SIC) Code 3842 or portions thereof in the Heavy Commercial, C-5 Commercial Zoning District. Allowing Structural Medical, Inc. to relocate their specialized light manufacturing facility presently at 2975 S. Horseshoe Dr. to property they currently have under a contract for purchase at 4720 Radio Road 13) Recommendation to approve final acceptance of the water and sewer utility facilities for Runaway Bay at Fiddler's Creek, Parcel 31. W/release of any Utilities Performance Security B. TRANSPORTATION SERVICES 1) Recommendation to approve a Vacation of Easement for a portion of a drainage easement (Parcel 103DE2) acquired for the Davis Boulevard Project. (Project No. 60073.) Estimated Fiscal Impact: $30 A portion of the parcel located off of Market Street no longer required for the project 2) Recommendation to award RFP #09-5197, Annual Contract for Roadway Contractors, to the following contractors: AP AC Southeast, Inc., Better Roads, Inc., Bonness Inc., and Quality Enterprises USA, Inc. (Estimated annual amount $1,750,000). Work to include modifying turn lanes and median openings, improvements at intersections and for construction of sidewalks 3) Recommendation that the Board of County Commissioners approves an alternative road impact fee calculation and resulting rate of$7,4l6 June 23, 2009 Page 12 per bay for the proposed Loves Car Wash to be located at 4712 Golden Gate Parkway and the County Manager or his designee to conduct further review and analysis of the appropriate rate applicable to car wash facilities. Fees calculated by collecting data from three similar sites in the County for a 7-bay facility and assessment totaling $51,912; reflecting negative adjustment of 800/0 due to economic conditions 4) Recommendation that the Board of County Commissioners approves one (1) Adopt-A-Road Program Agreement for Naples Parrot Head Club with two (2) roadway recognition signs at a total cost of $150.00. For a segment of roadway on Vanderbilt Beach Road from 1-75 to Logan Boulevard 5) Recommendation that the Board of County Commissioners directs the County Manager, or his designee, and the County Attorney to prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to provide for the incorporation of a new Road Impact Fee land use category and impact fee rate for mines, consistent with previous direction, for future consideration by the Board of County Commissioners at an advertised public hearing. As detailed in the Executive Summary 6) Recommendation to add installation of native landscape materials for a hedge as part of the Palm River Estates Unit 5 N-S Stormwater Improvement Project, Project No. 51030.1 in the amount of $13,062.50. For the installation of Coco Plum on the rear easterly 5-foot of the easement and with property owners accepting all future maintenance and landscape responsibilities 7) Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for the Progress Payments and Disbursement Schedule of Funds for the provision of transportation services for qualified Medicaid recipients. June 23, 2009 Page 13 Resolution 2009-157 8) Recommendation to approve the Contract Supplemental Agreement to Contract No. 06-3931 in the amount of $573,302 with Stanley Consultants, Inc., for the re-design of Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040. Changing the 6-mile segment of Golden Gate Blvd. from six to four lanes due to budget constraints and long range projections and also reflecting an increase to the hourly rate fee schedule 9) Recommendation to terminate the contract awarded to Amera- Tech, Inc., for Bid #09-5194 Collier County Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract in the amount of $43,000.00. Request for termination by Amera- Tech, Inc. and re-awarding contract to Vila and Son, Corp., for maintenance work performed on Rattlesnake-Hammock Rd. from Polly Ave. to CR951 10) Recommendation to approve a declaration setting aside county-owned property for Collier Boulevard roadway, sidewalk, bike path, drainage and utility facilities. Project No. 60001. Estimated Fiscal Impact: $20 For a 5-foot strip of roadway as part of the LASIP Project needed to relocate of an FPL power pole and overhead wires 11) Award a contract for Bid #09-5164, Collier Area Transit (CAT) Bus Shelters and Related Items, to RCP Shelters Inc., DUO-Gard Industries, Inc., Wausau Tile Inc., Brasco Enterprises, Inc., and Swartz Associates, Inc. in the estimated annual amount of$lOO,OOO. Work performed on an as-need-basis for items including shelter units, bike racks, benches, waste containers and related items 12) Recommendation to approve an Amendment to Agreement allowing former owners of a property purchased by Collier County due to its location on the Vanderbilt Beach Road Extension Project (Parcel 133) the option to further extend their post-closing occupancy of the property for an additional six month period. Project No. 60168 (Fiscal Impact: Revenue in the amount of up to $9,000 which would be credited to the gas tax and/or impact fee accounts). June 23, 2009 Page 14 Extending owner occupancy through January 31, 2010 for property at 780 27th Street NW 13) Recommendation the Board of County Commissioners provide after- the- fact approval for the Eastern Collier County Wetland Management and Restoration Project application submitted to the United States Environmental Protection Agency (EP A) for a Region 04 Wetland Program Development Grant in the amount of $450,000. Transportation providing a 25% match to fund the development of plans to improve the quality of water flowing into freshwater and coastal habitats through innovative roadway design and construction 14) Request for authorization for the County Manager or his designee to bring to the Board a proposed Ordinance to create the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU). As detailed in the Executive Summary c. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $38.00 to record the Satisfactions of Lien. Resolution 2009-158 2) Recommendation that the Board of County Commissioners approves a deductive change order in the amount of $57,622.94 to a work order to Mitchell & Stark Construction Company, Inc. for construction of the water main replacement necessary to accommodate the replacement of the Vanderbilt Drive Bridge over the Cocohatchee River, Project No. 70045. Moved to Item #10H (Per Agenda Change Sheet) 3) Recommendation to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 June 23, 2009 Page 15 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, (2) contingent upon the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract A, from the Collier County Emergency Management 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 $500,000 from the Collier County Solid Waste Management Fund (474), Reserve for Capital Contingencies, to a new Project No. 70013, Naples Recycling Center at Santa Barbara. 4) Recommendation to approve acquisition of a Utility Easement from the Community School of Naples, Inc., for an electrical service lateral, associated electrical conduit, and for access on, over and across the Community School of Naples, Inc. property at an estimated cost not to exceed $1,360, Project No.74033. For providing electrical service for the construction and maintenance of telemetry control for an irrigation quality water interconnect valve site along Livingston Road in North Naples D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, one (1) Owner Occupied lien agreement for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing dwelling unit located in Collier County. Deferring $12,442.46, Lot 44 in the Liberty Landing Subdivision 2) Present the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including total number of Agreements approved, total dollar amount deferred and balance remaining for additional deferrals in FY09. As detailed in the Executive Summary 3) Recommendation for the Board of County Commissioners to approve a contract renewal for the Master Agreement with the Area Agency on Aging for Southwest Florida, Inc., relating to grants awarded to the June 23, 2009 Page 16 Services for Senior's Program, authorize the Chairman to sign the renewal, and authorize the continued payment of grant expenditures. For the grant period retroactive to January 1, 2009 through September 30, 2009 necessary for funding to continue 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement with Florida Department of Transportation and a supporting resolution for the maintenance of the North Fishing Pier constructed in conjunction with the Marco Island Bridge (Jolley Bridge) replacement. Resolution 2009-159 Moved to Item #101 (Per Agenda Change Sheet) 5) Recommend approval from the Board of County Commissioners to provide peer review from Turrell-Hall and Associates, Humiston and Moore, Coastal Planning and Engineering and Dr. Dean from the University of Florida to the PBS&J Clam Bay Water Quality Monitoring, Data Collection, CirculationlSediment Model and Natural Resource Characterization Study. The cost for this peer review is expected not to exceed $50,000. Moved to Item #10J (Per Agenda Change Sheet) 6) Recommend approval from the Board of County Commissioners of a Work Order for Water Quality Monitoring, Data Collection, Circulation/Sediment Model and Natural Resource Characterization Study of the Clam Bay Estuary as outlined in the PBS&J proposal for a time and materials, not to exceed price of$265,012 and authorize the County Manager or his designee to execute the Work Order after approval by County Attorney. 7) Recommendation that the Board of County Commissioners provides after-the-fact approval for the submission of the Community Development Block Grant-Recovery (CDBG-R) substantial amendment to the 2008-2009 Collier County Action Plan which was submitted to the Department of Housing and Urban Development (HUD) for the American Recovery and Reinvestment Act of2009 (ARRA) funding in the amount of $631 ,283.00. Funding for $581,300 will be used for the Greater Immokalee Southside Front Porch Initiative to complete hurricane hardening June 23, 2009 Page 17 and for rehabilitating the Immokalee Apartments with the remaining $49,983 going to the Cities of Naples and Marco Island 8) Recommendation to approve and sign a Memorandum of Agreement between the Collier County Parks and Recreation Department (Sponsor) and the District School Board of Collier County for the purpose of preparing and delivering meals to summer camp children living in disadvantaged neighborhoods. Providing 170,000 meals during summer programs and through the year 2013 for a grant in the amount of $588,400 9) Recommendation that the Board of County Commissioners approves and authorizes the County Manager or his designee to execute Change Order #1 to Contract #08-5134 for the Caxambas Boat Dock Expansion Project #80057.1 in the amount of$28,394.00 for the installation of a boat lift for the City of Marco Island Fire Departments Rescue Vesse!. Also, approve the necessary budget amendment to recognize $42,155.85 in reimbursement revenue from the City of Marco Island to cover a portion of the improvement cost. The net contractual value of services will total $160,534.00. Due to specifications that were left out of bidding documents for the contract with Williamson Brothers Marine Construction, Inc. for the project located at 909 Collier Court, Marco Island 10) Recommendation that the Board of County Commissioners accepts Staffs report on activities related to the relocation of the modular home from Sudgen Regional Park. Moving the modular home no later than August 15,2009 to a yet to be determined location due to the planned construction of the Sugden Park Water Skiing & Sailing Centers Project #80007.1 11) Recommendation that the Board of County Commissioners approves a resolution authorizing the sale of alcoholic beverages (beer) at the Formula 1 Champboat Grand Prix Event on November 7-8, 2009 at Sugden Regional Park. Resolution 2009-160 12) Recommend that the Board of County Commissioners approve and authorize the County Manager or his designee to execute Change June 23, 2009 Page 18 Order #2 Contract #08-5028 for the Golden Gate Community Park Boat Ramp Project (#80031.1) in the amount of $17,080.00 for the installation of mooring pilings. The net contractual value of services will total $206,620.40. For the contract with Quality Enterprises USA, Inc. and scheduled for completion July 31,2009 E. ADMINISTRATIVE SERVICES 1) Recommendation to authorize a Budget Amendment for the Conservation Collier Land Acquisition Fund (172) to adequately appropriate funds for an escrow in the amount of $250,000 as stipulated by the purchase agreement for Pepper Ranch. Held in escrow for expected loss of panther habitat unit credits 2) Recommendation to Award Bid #09-5237, Underground Storage Fuel Tank Removal and Replacement, to Surge Solutions Group, Inc., in the amount of $447,884.00, authorize the Chairman to sign the contract, and to approve the necessary Budget Amendments. For the removal of several tanks located at the Government Center, Immokalee Jail, Port of the Islands Marina and to replace four non-compliant tanks to meet regulations that are effective December 31, 2009 3) Recommendation to approve the ICMA-RC recommended default amendments to Collier County's current agreement with ICMA- Retirement Corporation (ICMA-RC) that provides a deferred compensation plan to County employees. As detailed in the Executive Summary 4) Recommendation to approve award of Bid #09-5211, Parts for Fleet, in two categories as follows: Heavy Trucks/Heavy Equipment/Buses award to Genuine Parts Co. d/bla NAP A Auto Parts as primary vendor and to Naples Truck Parts as secondary vendor; AutomobileslLight Trucks award to Parts Depot, Inc., as primary vendor and to Genuine Parts Co. d/bla NAPA Auto Parts and Merusa Auto, Inc. d/bla CARQUEST of North Naples as secondary vendors. Expenditures on this contract are estimated to be $300,000 annually. For repair parts, supplies and tools to maintain County vehicles June 23, 2009 Page 19 5) Recommendation to award Bid #09-5208, Filters for Fleet Vehic1es and Equipment, to Parts Depot, Inc. as primary vendor and to Genuine Parts Company d/b/a NAP A Auto Parts, Merusa Auto, Inc. d/b/a CARQUEST of North Naples and Glade & Grove Supply Co., Inc. as secondary vendors. Expenditures are estimated at $70,000 annually. Two year contract for filters to maintain county vehicles and equipment 6) Recommendation to award Bid #09-5210, Fasteners and Wheel Weights for Fleet, to Parts Associates, Inc. as primary vendor and Lawson Products, Inc. as secondary vendor. Expenditures on this contract are estimated to be $70,000 annually. Two year contract for fasteners and wheel weights to maintain and repair county vehicles and equipment 7) Recommendation to approve Wallace International Trucks as a sole source vendor with FY 2009 expenditures estimated at $80,000 for fleet parts, repairs and services. Maintenance and repairs for the county's 48 heavy international trucks 8) Recommendation to approve a budget amendment to increase appropriations by $46,800 and recognize revenues from reimbursements of prior year expenditures, insurance company refunds, and from scrap metal and waste oil sales in the amount of $46,800 in Fleet Management Fund (521). Due to unexpected price increases and requirements for additional stock items at the new CAT bus maintenance shop 9) Recommendation to authorize the County Manager, or his designee, to allow the Conservation Collier Starnes property to become a certified Florida Fish and Wildlife Conservation Commission Gopher Tortoise recipient site. Providing long-term protection and securing habitat for tortoises displaced by development 10) Recommendation to award the Invitation to Qualify (ITQ) #09-5227 to vendors for the delivery of various services to seniors in Collier June 23, 2009 Page 20 County and authorize the Chairman to execute the standard contract documents. As detailed in the Executive Summary 11) Recommendation to approve an Agreement for Sale and Purchase with Triangle Licensing Corporation, for 29.33 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $295,000. Within the Mcllvane Marsh Area located south of U.S 41, west of the Collier Seminole State Park 12) Recommendation to waive the competitive process and approve a contract with Penitus Solutions, Inc. for the implementation of extensions to SAP for grants management, authorize the purchase of additional end-user licenses from SAP Public Services, Inc., and authorize the Chairman to sign the contracts. The total project cost will not exceed $160,000. Targeting October 1,2009 for project completion that will help to standardize and streamline grants management 13) Recommendation to approve a budget amendment recognizing carry forward amounts from FY 2008 for the Conservation Collier Land Acquisition Fund (172) in the amount of$1,7l3,300. For land capital purchases and associated operating costs with the remainder held in reserves 14) Recommendation to approve the continued utilization ofNalco Company, which will exceed the fifty thousand dollar competitive bidding threshold per Collier County's Purchasing Policy, to allow for continued water treatment services and associated materials for the chiller plants on the Government Complex. Eliminating any lapses in service resulting from rebidding 15) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a grant application for the Employed Worker Training Program funded by the Workforce Investment Act (WIA) through Workforce Florida, Inc. and administered by the Southwest Florida Workforce Development Board, Inc. in the amount of$57,800. June 23, 2009 Page 21 Funding training programs for current employees in the Water and Wastewater Department within the Public Utilities Division 16) Recommendation to approve Amendment No. 04 to the Agreement with Collier County District School Board for the Driver Education Program. Allocating $355,900 in grant funds for the summer school driver education program F. COUNTY MANAGER 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-161 2) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2009-162 (w/changes Per Agenda Change Sheet) 3) Recommendation that the Board of County Commissioners provides after-the- fact approval for the Assistance to Firefighter's Grant application that was submitted to the Federal Emergency Management Agency for the purchase of a Pumper ALS Transport Vehicle for Emergency Medical ServiceslFire in the amount of $380,000. The vehicle would be located at a rest stop location on 1-75 to help lessen response times in remote areas of the County's fire districts June 23, 2009 Page 22 4) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of$14,000 from the Court Administration Fund (681) to the Teen Court Fund (171). Due to Article V revenue shortages to fund payroll for the remainder of FY09 5) Recommendation that the Board of County Commissioners approves a budget amendment in the amount of$483,773, and approves payment for detention services provided by the Florida Department of Juvenile Justice (DJJ). For costs associated with the housing and feeding juveniles in state-run detention centers before they appear before a judge 6) Approve budget amendments. Amendment #09-367 7) Recommendation to award contract for management services for Pelican Bay Services Division pursuant to RFP #09-5174 to Dorril1 Management Group, LLC in the estimated amount of $56,400.00. As detailed in the Executive Summary G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve Local Advisory Board members and CRA staff attendance at the Florida Redevelopment Association's 2009 Annual Conference; authorize payment of attendee registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. Held at the Hilton in Orlando, Florida, October 28-30, 2009 2) Recommendation that the Board of County Commissioners approve the Immokalee Regional Airport Master Plan Update, approved by the F ederal Aviation Administration on April 15, 2009 in compliance with the Airport Authority's Administrative Code. As detailed in the Executive Summary June 23, 2009 Page 23 3) Recommendation that the Board of County Commissioners approve the Marco Island Executive Airport Master Plan Update, approved by the Federal Aviation Administration on April 15, 2009 in compliance with the Airport Authority's Administrative Code. As detailed in the Executive Summary 4) Recommendation for the Community Redevelopment Agency (CRA) to approve the termination of the real estate contract executed on April 28, 2009 to purchase an assemblage of commercial property located in the center of the Gateway mini-triangle; and authorize the Executive Director to negotiate new contracts to secure and facilitate the purchase of the properties and return to the CRA Board for approval. (Jean Jourdan, CRA Project Manager) For the contract with Corradi Cooper Street, Inc. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend a function serving a Valid Public Purpose. He attended CBIA's Local Impact of Home Building in Collier County on June 11, 2009 at 12:00 p.m. at The Hilton of Naples, Florida. $20.00 to be paid from Commissioner Henning's travel budget. Located at 5111 Tamiami Trail N, Naples 2) Commissioner Coyle requests reimbursement for attending a function serving a valid public purpose. Commissioner is traveling to Bangor, Maine, June 25th through June 27th, to visit with officials of Jackson Labs and tour their facility. Total of$1,047.72 will be paid from Commissioner Coyle's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff as the Official Fiscal Year 2009 Applicant and Program Point- of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Standard Program, accept the Grant when awarded, approve June 23, 2009 Page 24 applicable budget amendments, and approve the Collier County Sheriffs Office (CCSO) to receive and expend payment of the 2009 JAG Standard Grant Funds. Designating Sheriff Kevin Rambosk official applicant and contact 2) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for equipment and staff support to assist in the recovery of missinglabducted children. Appropriating $23,907 for equipment and staff support to assist the National Center for Missing and Exploited Children 3) To obtain Board approval for disbursements for the period of May 30, 2009 through June 5, 2009 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of June 6, 2009 through June 12, 2009 and for submission into the official records of the Board. Moved to Item #13A (Per Agenda Change Sheet) 5) Recommendation to authorize budget amendments totaling $144,000 that will provide funding for various agencies within the Courts System to cover Article V revenue shortfall for the balance of FY09. K. COUNTY ATTORNEY 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- June 23, 2009 Page 25 JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2008- AR-12804, Avow Hospice Inc., represented by Tim Hancock, AICP, of Davidson Engineering Inc., requesting a PUD Rezone from Community Facility (CF) and Agricultural (A) Zoning Districts with a ST/W-4 Well field Risk Management Special Treatment Overlay Zone to a Community Facility Planned Use Development (CFPUD) Zoning District with a ST/W-4 Well field Risk Management Special Treatment Overlay Zone for a project to be known as Avow Hospice CFPUD. The 15.25 acres subject property is for the expansion of the existing Hospice use. The subject property is south of Pine Ridge Road at 1095 Whippoorwill Lane, in Section 18, Township 49 South and Range 26 East, Collier County, Florida. CTS Ordinance 2009-37 B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for an amendment to Ordinance No. 2009-24 to correct a scrivener's error in the Correctional Facilities Impact Fee Rate Schedule. Ordinance 2009-38 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-163 18. ADJOURN Motion to Adjourn - Approved 4/0 (Commissioner Halas absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. June 23, 2009 Page 26