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Backup Documents 06/09/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 9, 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 (Absent) 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 9, 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 IMP AIRED ARE A V AILABLE 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 - 4/0 B. May 12,2009 - BCC/Regular Meeting Approved as presented - 4/0 C. May 13,2009 - BCC/Strategic Planning Workshop Approved as presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 Years: June 9, 2009 Page 2 -'^"".'- 1) Victor L. Brittain, Bayshore Beautification MSTU Advisory Committee Presented 2) Rayburn Cadwallader, Housing Finance Authority Presented 3) Byron J. Meade, Airport Authority Presented 4) Judith M. Hushon, Environmental Advisory Council Presented B. 10 Years: 1) Robert H. Jones, Forest Lakes Roadway & Drainage Advisory Committee Presented 4. PROCLAMA TIONS (One Motion was taken to Adopt All Proclamations) A. Proclamation designating July 20,2009 as Colombian Flag Day to recognize the efforts of the Colombian community in promoting cross-cultural understanding throughout Southwest Florida by way of concerts, seminars, public forums, and events related to Colombian and American History. To be accepted by Ernesto Velasquez. Adopted - 4/0 B. Proclamation for the Waste Reduction Awards Program recipient "The Club & Spa at Fiddlers Creek" for their outstanding green business practices and continued efforts to promote waste reduction and recycling. To be accepted by Mr. Ron Albeit, General Manager and Mr. Phil Brougham, Chairman, Fiddler's Creek CDD 1. Adopted - 4/0 C. Proclamation recognizing June 20, 2009 as World Refugee Day. As we see exponential growth in the number of refugees and displaced people around the world with over eighty percent being women and children their tenacity and strength is honored with this day of recognition of their plight and we June 9, 2009 Page 3 welcome the many who have been assimilated into our society. To be accepted by Sharon Kirkpatrick and Bob Saunders, District 3 Director, Catholic Charities of Collier County. Adopted - 4/0 5. PRESENTATIONS Withdrawn (Per Agenda Change Sheet) A. This item continued from the Mav 26, 2009 BCC Meetinl!. Presentation by Michael Sole, Secretary, Florida Department of Environmental Protection regarding Comprehensive Everglades Restoration Plan. B. Recommendation to recognize Heidi Fahnestock, Nutrition Program Leader, Housing and Human Services, as Employee of the Month for May 2009. Presented C. Contractor Presentation: Santa Barbara Boulevard 6 Lane from Davis Boulevard (SR-84) to Copper Leaf Lane and Radio Road 4 Lane from Santa Barbara Boulevard to Davis Boulevard. Presented 6. PUBLIC PETITIONS A. Public petition request by Adam Oosterbaan to discuss median cut at entrance to Camden Cove/Brittany Bay Communities. Staff to work with petitioner B. Public petition request by Naomi McFarland to discuss back sewer charges for residents of Tall Oaks. Staff to work with the residents and the land owner until a resolution is met, extending the deadline - Approved 4/0 C. Public petition request by Brian Ohlis to discuss beer sales in Sugden Park for the F 1 Champ Boat Grand Prix Event. Staff to work with petitioner and staff to bring back a report on the safety aspect of the event at the June 23 BCC Meeting - Approved 4/0 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. June 9, 2009 Page 4 _.~^h"',~"",","_,+___,"_~,___~,,~_ --_.. ~-"~~._~-,, ..... 7. BOARD OF ZONING APPEALS A. This item continued to the June 23, 2009 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: SV-2009-AR-14140 Red Roof Inn, 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.1. 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.1.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. 8. ADVERTISED PUBLIC HEARINGS Moved from Item #17F (Per Commissioner Fiala during Agenda Changes) A. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-32, the Environmental Advisory Council Ordinance, by (1) reducing the membership from 9 to 5 regular members, and the alternate members from 2 to 1; (2) reducing the technical membership guideline from 6 to 3 for the regular members, (3) reducing the non-technical membership guideline from 3 to 2 for the regular members; and (4) reducing the quorum and voting requirement from 5 to 3 members. Ordinance 2009-36 Adopted - 3/1 (Commissioner Fiala opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Coastal Advisory Committee. Resolution 2009-153: Appointing Victor N. Rios (term expiring on May 22,2013) and Robert Raymond (term expiring on May 22, 2011)- Adopted 4/0 June 9, 2009 Page 5 B. Appointment of members to the Contractor's Licensing Board. Resolution 2009-154: Re-appointing Richard E. Joslin, Jr., Terry Jerulle and Thomas X. Lykos - Adopted 4/0 C. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2009-155: Re-appointing Valaree D. Maxwell (term expiring on June 25, 2013) and F. William Forbes (term expiring on June 25, 2011) - Adopted 4/0 10. COUNTY MANAGER'S REPORT A. Discussion on Fence Height Waivers per request of the Board of County Commissioners. (Susan Istenes, AICP, Director, Zoning & Land Development Review, CDES) Motion to be place on future LDC - Approved 4/0 B. This item was continued from the May 26, 2009 BCC meetin2:, and at the request of Commissioner Halas and the stakeholders, is further continued to the June 23, 2009 BCC meetin2:. 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 Director) Moved from Item #16C16 (Per Agenda Change Sheet) C. Recommendation for Board approval for County Staff to Attend the June 19, 2009 Florida Public Service Commission Meeting to Challenge the Florida Power and Light Company (FPL) Rate Review and Proposed Rate of Return on Investment (ROI) of l2.5 percent, and to Support the Proposed Electric Service Prepayment Concept. Approved - 4/0 Moved from Item #16B2 (Per Agenda Change Sheet) D. This item to be heard at 11 :30 a.m. Recommendation that the Board of County Commissioners approves the transfer of administrative duties and services for the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) from Alternative Transportation Modes to Bayshore Gateway Triangle Community Redevelopment Agency (CRA) staff; directs the Budget Office to discontinue the annual transfer of funds from the Road June 9, 2009 Page 6 and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) as ofFY10. Motion for the transfer of administration duties from A TM to the Bayshore CRA - Failed 2/2 (Commissioner Henning and Commissioner Coletta opposed); Motion to accept Staff's recommendations and to bring back for discussion at Budget Hearings - Approved 4/0 Moved from Item #16E6 (Per Agenda Change Sheet) E. Recommendation that the Board of County Commissioners approves the submittal of United States Department of Energy (DOE) Energy Efficiency and Conservation Block Grant application for American Recovery and Reinvestment Act of 2009 (ARRA) funding in the amount of$3,036,000. Approved - 4/0 Added (Per Agenda Change Sheet) F. Recommendation to approve a resolution of a dispute between the Collier County Water-Sewer District and the South Florida Water Management District concerning the Picayune Strand Reservation Rule and Water Use Permit Application 060908-9, where the Collier County Board of County Commissioners, as Ex -Officio the Governing Board of the Collier County Water-Sewer District, agrees to withdraw its Petition for Administrative Hearing Challenging the Picayune Strand Water Reservation Rule contingent on approval by the South Florida Water Management District Governing Board of the attached District Staff Report authorizing an increase in the County's permitted allocation under Water Use Permit 11- 00249- W from the Lower Tamiami Aquifer from 6,868 Million Gallons per Year to 9,673 Million Gallons per Year and the attached letter confirming this increased allocation shall be considered an existing legal use of water as of June 11, 2009. (Staffs request.) Resolution 2009-156 Adopted - 4/0 It. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY A'I'TORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS June 9, 2009 Page 7 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Leo Ochs - Need for a Post Legislative Workshop B. Commissioner Coyle - Location of Sugden Park Ski and Sailing Club Building - Staff to work with Parks and Rec and bring back at next meeting - Consensus; Attracting Jackson Labs from Maine to re-Iocate in Collier County C. Commissioner Coletta - Staff and IT issues; conflicts between commercial property and residential property in the Estates - possible LDC Amendment D. Commissioner Henning - Legislators extending permits until 2012; staff to bring back policy change focusing on local business - Consensus E. Commissioner Coyle - Motion to Adjourn - Approved 4/0 ------------------------------------------------------------------------------------------------------------ 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 - 4/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Runaway Bay at Fiddlers Creek with the roadway and drainage improvements being privately maintained. Resolution 2009-141; w/release of the Maintenance Security 2) Recommendation to approve final acceptance of the water utility facility for Grevillius Building. With release of any Utilities Performance Security (UPS) 3) Recommendation to award Bid #09-5075, Collection Agency Services for Collier County to MINTEX, Inc. June 9, 2009 Page 8 ".~--~,...~-,~-~---"_...,,...."~_.""_..._,.._._~,,_..._-~~~--,,---~-_.._-_._-----_._-- .~"--~-~~..._._.~"_...",,.~....~_.__...."' '" For collections on past due accounts at a cost saving rate for a 2 year period with an renewal clause for an addition 2 year period B. TRANSPORTATION SERVICES 1) Recommendation to approve a Budget Amendment in the amount of $108,719.05 for Traffic Accident Reimbursements, Fund 112 Project #60076.1, and to recognize revenues for future repairs. Recognizing these revenues will allow for broken irrigation components to be repaired and damaged plant material to be replaced Moved to Item #10D (Per Agenda Change Sheet) 2) Recommendation that the Board of County Commissioners approves the transfer of administrative duties and services for the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) from Alternative Transportation Modes to Bayshore Gateway Triangle Community Redevelopment Agency (CRA) staff; directs the Budget Office to discontinue the annual transfer of funds from the Road and Bridge Maintenance (Fund 101) to the Bayshore Beautification MSTU (Fund 163) as ofFY10. 3) Recommendation to accept the FY09-10 Federal Transit Administration Section 5310 Grant award in the amount of $75,080 and to approve the purchase of one (1) paratransit vehicle utilizing those funds. 4) Recommendation to approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation, which Agreement implements up to $280,000 for the construction of a SCOOT (Split Cycle Offset Optimization Technique) System on Airport Road by Collier County, with reimbursement by the Florida Department of Transportation. Resolution 2009-142 5) Recommendation to accept the FY08-09 grant award under the Federal Transit Administration (FT A) Section 5311 American Recovery and Reinvestment Act (ARRA) Program in the amount of June 9, 2009 Page 9 ",.""^-,---",~~,,"^"~~"""'-,,",,,-'-"'~--"';'-~~'---""-'---.~--~.._~_."...._---,,"---,,- -Irl!l:t_" WI...... n 1>1' __~;>,"'''-'''-.''',.",,","~ $495,090.00 and to execute the Joint Participation Agreement (JP A) between Florida Department of Transportation (FDOT) and Collier County. (Paratransit vehicle, bus shelters, electronic fare boxes and related equipment) Resolution 2009-143 6) Recommendation to award Bid #09-5241 for construction of Lely Area Stormwater Improvement Project (LASIP) Mitigation Park Restoration Project No. 60084.1, to EarthBalance in the amount of $60,053.00 plus a ten percent contingency. The grant requires the restoration of disturbed wetland area and replanting Florida native species 7) Recommendation to accept the lmmokalee Stormwater Master Plan as commissioned by the Big Cypress Basin of the South Florida Water Management District and approve staffs approach to update the plan. Addressing flooding and water quality concerns C. PUBLIC UTILITIES 1) Recommendation to authorize a Budget Amendment of$633,362.96 from Reserves for Capital to Project Number 73969, South County Water Reclamation Facility Technical Support. (Odor Control System improvements) Keeping consistent with the operational and reliability needs, meeting the demand for reclaimed water while meeting compliance with regulatory requirements which were previously deferred due to revenue constraints 2) Recommendation to authorize a Budget Amendment of $270,396.00 from Reserves for Capital to Project Number 71066, North County Regional Water Treatment Plant Technical Support. (Power distribution upgrades, chemical tank upgrades, degasifier upgrades) Keeping consistent with the operational and reliability needs, meeting the demand for potable water while meeting compliance with regulatory requirements which were previously deferred due to revenue constraints June 9, 2009 Page 10 ".__ .__._...M'._.______..__"...__.__,_____,___._.___,.~~_,_~____~_._.___..."_"_~~"_.~_"~~____.._._~.>___~"'".."_.,,_~.v~."<..."',,.__,,~_ 3) Recommendation to authorize a Budget Amendment of $599,280.00 from Reserves for Capital to Project Number 73968, North County Water Reclamation Facility Technical Support. (Chemical piping spill containment, bleach system pump improvement, aeration blower controller replacements, flow meter replacements) Keeping consistent with the operational and reliability needs, meeting the demand for irrigation-quality water while meeting compliance with regulatory requirements which were previously deferred due to revenue constraints 4) Recommendation to authorize a Budget Amendment to reallocate funds in the amount of $85,000 from Reserves to the Irrigation Quality Water Source Integration Project #74405. (System distribution and inter-connection upgrades) To interconnect the line associated with the Livingston Rd Supplemental wells to the Collier County IQ Water Transmission System 5) Recommendation to approve a Budget Amendment in the amount of $100,000.00 for the Collier County Inflow & Infiltration Implementation Program for the continuance of the Flow Meter Assessment phase of the Project #72500. Evaluating the existing particular 70 pump stations allowing the purchase and installation of flow meters to collect flow data 6) Recommendation to approve a Budget Amendment of$82,227.00 from Reserves for Capital to Project Number 73964, Wastewater Supervisory Control and Data Acquisition System Improvements. (NCWRF SCADA system upgrades) Keeping consistent with the operational and reliability needs, meeting the demand for irrigation-quality water while meeting compliance with regulatory requirements which were previously deferred due to revenue constraints 7) Recommendation to approve a Budget Amendment in the amount of $215,000.00 from Reserves for Capital to Project Number 73974.2, South County Water Reclamation Facility Deep Injection Well Surge and Pressure Relief System Rehabilitation. June 9, 2009 Page 11 __'_'_ ______.. .~__ _.. _ _ ____...~..___..._..___~_..___.m___...___..,.___.__.._____._ ~.,~__~"_.~"_."w~.~.,...,,,,_."" ."'_'~' .__,_"_,,,_._ m "',_'" ,. Keeping consistent with the operational and reliability needs, meeting the demand for wastewater and irrigation quality water service while meeting compliance with regulatory requirements which were previously deferred due to revenue constraints 8) Recommendation to approve a Budget Amendment in the amount of $100,000 to complete the design and permitting of the IQ Water Booster Station and to provide engineering services during its construction, Project #74076. To improve the reliability of irrigation quality water system optimizing the use of limited resources on Livingston Road 9) Recommendation to authorize a Budget Amendment of$93,388.00 from Reserves for Capital to Project Number 73922 Wastewater Collections SCADA (Supervisory Control & Data Acquisition System) Improvements. (Acquisition/installation of power restoration monitoring devices) For monitoring over 750 lift stations (wastewater pumping stations) that will detect the restoration of power and when it's fully restored 10) Recommendation to approve a Work Order under Contract #08-5011 Underground Utilities Contracting Services in the amount of $573,362.70 to Quality Enterprises USA, Inc.; Projects #73307 and #73972. (Modifications to wastewater pumping stations in Wyndemere and Kings Lake) Consisting of structural, piping and electrical modifications to 8 pump stations with 2 in Kings Lake and 6 in Wyndemere Development 11) Recommendation to authorize a Budget Amendment of $500,000.00 from Reserves for Capital to Project Number 70009, Cross Connection Program. (Acquisition/installation of back flow prevention devices) To help prevent backflow of contaminants into the water system 12) Recommendation to authorize a Budget Amendment of$489,853.00 from Reserves for Capital to Project Number 71010, Distribution June 9, 2009 Page 12 System Renewal and Replacement. (Replacement of obsolete water mains and meters) Allowing for the replacement of water mains and 3/4 -inch to 2- inch meters in several areas of the distribution system that have reached the end of their useful life 13) Recommendation to authorize a Budget Amendment of$124,435.00 from Reserves for Capital to Project Number 71050, Primary Transmission System Rehabilitation. (Water main interconnection proj ects) That will improve the water quality, fire protection, and water pressure in several sectors of the County Water Distribution 14) Recommendation to approve a Purchase Agreement with Russell Willis Holaway and Nancy Holaway for 2.5 acres for the Solid Waste Management Departments proposed Resource Recovery Park, at a total cost not to exceed $72,000; PROJECT #59007. Located in Section 25, Township 49 South, Range 26 East, adjacent to the existing county landfill 15) Recommendation to authorize a Budget Amendment of $400,000.00 from Reserves for Capital to Project Number 70010, Meter Renewal and Replacement; approve the sole source purchase of 3 and above water meters from Sunstate Meter & Supply, Inc. Replacing large meters that have decreased accuracy in readings and have also reached the end of their useful life Moved to Item #10C (Per Agenda Change Sheet) 16) Recommendation for Board approval for County Staff to Attend the June 19, 2009 Florida Public Service Commission Meeting to Challenge the Florida Power and Light Company (FPL) Rate Review and Proposed Rate of Return on Investment (ROI) of 12.5 percent, and to Support the Proposed Electric Service Prepayment Concept. 17) Recommendation to approve a Budget Amendment of approximately $2,400,000 to transfer a Master Pump Station Mechanical Improvement project from the wastewater capital projects fund to the 2006 Revenue Bond Proceeds Fund to segregate the project funded by the 2006 Revenue Bond. June 9, 2009 Page 13 __ ,__ _,,_____'c._.._'_ .. 'C_ ~__"'.,,,,"""_ ~n"~ '''"'~'., ,..."...~,,__.__=.. ........--- ......_h__=-___,.,..."_,,,.__~.~.,.'"',,.,,_._w_....<~....~~........,.,'~~".~__.'..H""~_. .",." ._e" _ -0 _ ._.._,_ __ _..,."._ _ '_ ,,,.__._,~,,._ As detailed in the Executive Summary 18) Recommendation to approve an early payoff of a State Revolving Fund (SRF) Preconstruction Loan in the amount of$I,162,787.08 and approve necessary Budget Amendments. Early payoff will save a year in debt service payment D. PUBLIC SERVICES 1) Recommendation to approve a resolution to support the concept of a 1 ,600-acre recreation area within the Dade-Collier Training and Transition Airport which would support a variety of recreational activities inclusive of Off Highway Vehicles (OHV) use and trails with Miami Dade County. Resolution 2009-144 2) Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age summer recreation program participants at an estimated cost of $50,000. For eighteen hundred summer campers enrolled in Parks Department summer camps that will go on one field trip each week 3) Recommendation to approve a Budget Amendment in the amount of $100,615 to ensure continuous funding of the Alzheimer's Disease Initiative grant in the Services for Seniors program from the Area Agency on Aging and authorize eligible expenditures prior to the execution of the agreement. Allowing for uninterrupted support services for frail and elderly clients for the period of July 1, 2009 through June 30, 2010 4) Recommendation to approve a Budget Amendment in the amount of $672,993 to ensure continuous funding of the Community Care for the Elderly grant for the Services for Seniors program from the Area Agency on Aging and authorize eligible expenditures prior to the execution of the agreement. Allowing for uninterrupted support services for frail and elderly clients for the period of July 1, 2009 through June 30,2010 June 9, 2009 Page 14 ---~-,.,-~_..,'~.__._~.'--~~ - - -,....,-""...'-"_."._.,...--'...^..,.--,..'.._~~",.-.-,.,,><~.._.....-. '_""_""".._~_ft_ 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, six (6) Owner Occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. Deferring impact fees for the following lots and amounts located at Liberty Landing in Immokalee for Lot 60, $14, 987.08 and at Trail Ridge in Naples Lot 190, $22,325.96; Lot 192, $22,325.96; Lot 73, $22,325.96; Lot 70, $22,325.96; Lot 69, $22,325.96 6) Recommend approval from the Board of County Commissioners to contract for the engineering, design and permitting for Wiggins Pass Improvements as outlined in the April 6, 2009 Coastal Planning and Engineering Proposal for $160,717 on a time and materials, not to exceed price basis. Strengthening the interior and exterior channels, building sand dikes to train the interior channel in to the proposed channel bed re-nourishing Barefoot Beach where significant erosion occurred 7) Recommendation to approve and sign a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county- owned property for conducting a July 4th Fireworks Festival. A family-oriented event with musical entertainment, food vendors, and fireworks at dusk held at Sugden Regional Park 8) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Interlocal Agreement with Everglades City for improvements to McLeod Community Park in the amount of$60,000. To include new fencing for the tennis courts, around the park, improvements to the playground and skate park 9) Recommendation that the Board of County Commissioners approves a Florida Fish and Wildlife (FWCC) grant funding in the amount of $80,000, together with a $10,000 match by the County to the University of Florida for a boater characterization study. June 9, 2009 Page 15 -^"'-'~"'."--'--"'--'.'~-_._'"------'~'~'.'---'_._' ._-- ...._,_..__'..,,'..~"m"~...'''''~_~.~~,.,,"___"'~,."_'''',~.._.~.~_""._~.,_".._~.,.,. ~_ "...... ."._"-"._---~- To address boating access, congestion hot spots, potential user conflicts, resource protection and education needs in the county 10) Recommendation for the Board of County Commissioners to approve the Award of Bid #09-5167 to the lowest qualified responsive bidder BCBE Construction Co., Inc., for the construction contract for Sugden Park Water Ski & Sailing Centers Project #80007.1 in the amount of $612,539.00. The project will include installation of two free standing buildings for the ski center. Each building includes exterior covered decking, classrooms, separate restrooms and an office 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an agreement with the Area Agency on Aging for Southwest Florida, Inc. in the amount of $68,901.84. These federal funds are provided by the United States Department of Health and Human Services under the American Recovery and Reinvestment Act of 2009 and will be used to increase congregate and home delivered meals for seniors in Collier County. 12) Recommend that the Board of County Commissioners approve and authorize the Chairman to sign Change Order # 1 to Work Order C3TS-FT-4153-08-02 for design consultant C3TS for the Manatee Park Project (#80122.1) design in the amount of $50,000.00 on a time & material, not-to-exceed basis to provide the Site Development Plan and the required SFWMD permits. The net contractual value of services will total $243,950.00. 13) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 14) Recommendation to award Contract #09-5242, Naples Station Museum Phase IV to Wall Systems Inc. ofSWFL, d/b/a Professional Building Systems, in the amount of$98,238 to complete installation of a fire suppression sprinkler system in the Naples Depot Museum. June 9, 2009 Page 16 _____.._'4'__.~~.__...____"""'_.,'___w.",,',.__,_ Y"'- r- .", ...___"'_.__......"."....'O_"'_-..."",,____..__.._,___.~.. 15) Recommendation to approve a Budget Amendment in the amount of $6,191 to ensure continuous funding of the Home Care for the Elderly grant for the Services for Seniors program from the Area Agency on Aging and authorize eligible expenditures prior to the execution of the agreement. Allowing for uninterrupted support services for frail and elderly clients for the period of July 1,2009 through June 30,2010 E. ADMINISTRATIVE SERVICES 1) Affirm the applicability of the current Purchasing Policy to all County contracts. Including adjustments to various dollar authorization thresholds 2) Recommendation to award Bid #09-5187 On-Call Mechanical Contractor to Piping Unlimited and Retro, Inc.; Conditioned Air Corporation; Hill York Corporation; and Page Mechanical Group, Inc., for mechanical contractor services. For maintenance, repair and replacement of all air-conditioning equipment used throughout the county in various County facilities 3) Recommendation to approve a Budget Amendment to recognize and appropriate Building Maintenance Special Service and other Building Maintenance revenues totaling $185,866.40 for reimbursement of personnel and operating expenses in Fiscal Year 2009. For services not exclusively for repair and maintenance (locksmith, cabinet making, special event setups, etc.) 4) Recommendation to A ward Bid #09-5250, Furniture Relocation Services for the New Collier County Courthouse Annex, to Office Furniture and Design Concepts, Inc. in the amount of $64,100.00. For disassembling, relocating, and re-assembling all non-system furniture for the Clerk of Courts 5) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. Reports cover the period of April 22, 2009 through May 19, 2009 Moved to Item #10E (Per Agenda Change Sheet) June 9, 2009 Page 17 -----"---~"_..._.~~-~_...,"'----'._-,_.,.,"'_.~"._".~-"..-~.-.~-~"'.~""-----.~.._-",,.~=-". .-.-" "...__...."'~-"~,~..~"_."'"...~,,.,"".","".."'"...'~~......,~""""'""-"."'~,~.,'"~,~--...",.,._..-.."..""-~",..,""'.~.""'...",_.,".-"~.~-,.,---".,,,_...,-- 6) Recommendation that the Board of County Commissioners approves the submittal of United States Department of Energy (DOE) Energy Efficiency and Conservation Block Grant application for American Recovery and Reinvestment Act of2009 (ARRA) funding in the amount of $3,036,000. 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 2009-145 2) Recommendation that the Board of County Commissioners approves using tourist tax dollars to fund the Tourism Department summer marketing campaign up to $414,836 from Emergency Advertising Fund 196. For the period of July 1, 2009 through September 30, 2009 3) Recommendation to award Bid #09-5217 for the purchase of emergency medications to Henry Schein Matrix Medical, Kentron Health Care, Inc., Midwest Medical Supply Company, Bound Tree Medical, LLC and Alliance Medical DBA Allmed for the Emergency Medical Services Department for an estimated cost for FY 09 of $100,000. 4) A resolution of the Board of County Commissioners of Collier County, Florida amending Resolution No. 91-185; appointing representatives to the Florida Local Government Finance Commission; and providing an effective date. Resolution 2009-146 5) Recommendation to approve expenses not to exceed $600 for Collier County to provide bus service for conference participants from other counties to two locations scheduled June 25, 2009, during the Florida Association of Counties 2009 Annual Conference in Collier County at the Marriott Marco Island Resort. June 9, 2009 Page 18 ___ ~ ._.._....______"___.._._..__._..__._...",_,.,_____,,~.___..______.___-'--.M.~__~~_~~,.."___'"__..~,__...__,~_~.__,,.~,_..___,. __.._.~.,.._.."."w__"'._"N'_.__.__.~___._..__. Staff has secured a 37 passenger bus that will operate from 7 p.m. to 11 p.m. for the transporting of conference participants 6) Recommendation that the Board of County Commissioners authorizes an offering of the Voluntary Separation Incentive Program pursuant to Collier County Ordinance No. 09-13, empowers the County Manager to implement the program, and authorizes the Chairman to sign the enabling Resolution. Resolution 2009-147 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to adopt a Resolution amending CRA Resolution 2001-98 as it relates to the Bylaws of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CRA Resolution 2009-148 2) Recommendation for the Community Redevelopment Agency to adopt a Resolution amending the terms of office of three members of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CRA Resolution 2009-149 3) Recommend approval of the award of RFP #09-5184 and Professional Services Agreement between Collier County Community Redevelopment Agency and Pizzuti Solutions, LLC for Phase I Planning/Professional Pre-Development Services for a Mixed Use Development on CRA-owned land in an estimated annual amount of $527,252. 4) Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $18,457 for B&B Cash Grocery Stores, Inc. for improvements to the Handy Food Store #50 located at 417 New Market Road in Immokalee, Florida. June 9, 2009 Page 19 _,_____._".....'""-""..~~.;.,~O ~...~~.._~..,.,.....,~,__.,~_"".,__~~."__,_"..",,.'_,_.._.... - --..... .. -~......"'''''-"'---"''~"._-,._-_.---'"-'"',-,..''.~._.~,.,, .~._.." ", . "-......~--..,.,.._- 5) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of$20,000 for B&B Cash Grocery Stores, Inc. for improvements to the Handy Food Store #65 located at 501 North 15th Street in Immokalee, Florida. 6) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $12,222 for B&B Cash Grocery Stores, Inc. for improvements to the Handy Food Store #77 located at 1812 Lake Trafford Road in Immokalee, Florida. 7) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $20,000 for B&B Cash Grocery Stores, Inc. for improvements to the Handy Food Store #91 located at 820 West Main Street in Immokalee, Florida. 8) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of$6,838 for B&B Cash Grocery Stores, Inc. for improvements to their property located at 415 New Market Road in Immokalee, Florida which is currently being leased by Hayden's Coin Laundry. 9) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $17,420 for B&B Cash Grocery Stores, Inc. for improvements to their property located at 507 North 15th Street in Immokalee, Florida which is currently being leased by Zach's Clothing Store. 10) Request that the Collier County Redevelopment Agency approves the application and recipient agreement for the Immokalee Community June 9, 2009 Page 20 Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $12,866 for TriQuest, Inc. for improvements to their commercial property located at 212 & 214 South First Street in Immokalee, Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Glory of the Grape Wine Tasting Event on June 7, 2009 at the Marco Island Yacht Club on Marco Island, FL. $40.00 to be paid from Commissioner Fiala's travel budget. Located at 1400 N. Collier Blvd., Marco Island 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Boater's Night Dinner on June 3, 2009 at the Marco Island Yacht Club on Marco Island, FL. $15.00 to be paid from Commissioner Fiala's travel budget. Located at 1400 N. Collier Blvd., Marco Island 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Event Divas on May 13,2009 at Trilogy in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at 720 5th A venue S., Naples 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Project Innovation Neighborhood America presentation on June 4,2009 and is requesting reimbursement in the amount of $1 0.00 to be paid from his travel budget. Located at 2210 Vanderbilt Beach Road, Naples I. MISCELLANEOUS CORRESPONDENCE June 9, 2009 Page 21 __'_"'_-'-_'__~_"_"__'~'_'_'__'__m.__._'.'_'_' __.____.m__~._.,.__..__._.____..__~__~....______"..___.__~..__.._." _,____~____.__.._.._<....>>~...._____,,_...__~.__._.~.._._.__________w. - ----..,,-.----_.._- 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 16, 2009 through May 22, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of May 23, 2009 through May 29,2009 and for submission into the official records of the Board. 3) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2009-2010 and to obtain approval for the Chairman to sign the application. For funds distributed under the State Revenue Sharing Act 4) To obtain Board approval of year three of Contract #07-4152, Auditing Services for Collier County, with Ernst and Young LLP, in the amount of $639,400 and authorize execution of an official engagement letter and Budget Amendment for audit services. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$13,600 for Parce1156RDUE in the lawsuit styled Collier County v. Michael J. Crouch, et al., Case No. 07-3691-CA (Oil Well Road Project 60044). (Fiscal Impact None.) For a .052 acre parcel needed for a non-exclusive road right-of- way, drainage and utility easement 2) Recommendation to approve a Stipulated Final Judgment in the amount of $600,000 for Parcel 133 in the lawsuit styled Collier County v. West Coast Development Corporation of Naples, Inc., et al., Case No. 06-0708-CA (Santa Barbara Boulevard Project 62081). (Fiscal Impact $397,700.) Needed for a road right-of-way, drainage and utility easement June 9, 2009 Page 22 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROV AL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION 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. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: CU-2003-AR-3725: Close Up Creatures, Inc., in reference to NGALA, represented by Robert J. Mulhere, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting Conditional Uses pursuant to the Land Development Code Section 2.03.0 1.A.1.C. The Conditional Uses being requested are as follows: Number 5, to allow aquaculture for non-native or exotic species subject to Florida Fish and Wildlife Conservation Commission permits; Number 23, to allow a Cultural, Ecological or Recreational Facility; and Number 25, commercial production, raising or breeding of exotic animals. The subject property which has a Rural Agriculture zoning district designation and consists of 21 acres, is located on Inez Road S. W., at the northwestern corner of the intersection of Inez Road and Kearney A venue, approximately mile south of Keene Avenue, in Section 30, Township 49 South, Range 27 East, Collier County, Florida. (CTS) Resolution 2009-150 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDA-2008-AR- 13801: William L. Hoover, President of Catalina Land Group, Inc. the Manager of Wolf Creek Estates LLC and Buckstone Estates LLC; and Larry Mayer Abbo, Vice President of Prime Homes at Portofino Falls, Ltd., all of which are represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman et al June 9, 2009 Page 23 , "_ ~... ^,_ _~_~,__"",,'__'^'___'__._m__'m._.._.__,.______"__" w_~_.,.~_,__"._"___.~_~___~~..~_..~,_.~~"'_~."""__"_._,,"_."_".~__',"~'_"'_'_'_._.~,.',.,.,,~_..,,"__,,_~_,._.,,~,__,_,,_"""_.'~"'"_'____ .__ and Josh Fruth of Davidson Engineering, Inc. are requesting a PUD Amendment for Wolf Creek RPUD to revise traffic stipulations. The applicant is proposing to change Section 5.7, Paragraph N and Paragraph 0 of the RPUD Document. Subject property is located on 167.96 acres in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (CTS) Ordinance 2009-34 C. SE-2009-AR-14297 A resolution amending Resolution 08-373 (the KOVAC Conditional Use) to correct a scrivener's error resulting from the inclusion of an incorrect legal description in Exhibit B. The subject property is located at 1995 Elsa Street, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2009-151 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2008-AR-14071 Sandbanks LLC, represented by Michael R. Fernandez, AICP of Planning Development Incorporated is requesting a Parking exemption pursuant to Land Development Code Subsection 4.05.02.K, to allow 63 parking spaces of a proposed 195-space parking lot to be placed off-site on property with a Residential Single-Family (RSF-4) zoning designation. The proposed off- site parking lot would serve the Midtown Point commercial development located on the east side of US-41 North and the north side of Rosemary Lane, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2009-152 E. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-29, the Collier County Planning Commission Ordinance, by requiring that candidates for the Planning Commission be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and eliminating term limits. Ordinance 2009-35 Moved to Item #8A (Per Commissioner Fiala during Agenda Changes) F. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-32, the Environmental Advisory June 9, 2009 Page 24 ___....~__,____--....~_~_.".,___....~..~,.'^_.'_,__."._'..~....h___.... _ _,_........J -~---""""."""'-"'.~----,--,~_..".._......".-.-....'<<..,,'~-......_,~,,......--~,~.'~~..,..'.~.".~.._,"'-'" Council Ordinance, by (1) reducing the membership from 9 to 5 regular members, and the alternate members from 2 to 1; (2) reducing the technical membership guideline from 6 to 3 for the regular members, (3) reducing the non-technical membership guideline from 3 to 2 for the regular members; and (4) reducing the quorum and voting requirement from 5 to 3 members. 18. ADJOURN Approved - 4/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. June 9, 2009 Page 25 -_._->-~-_..._.'.,---, _--..-~.,.",_---._--",~_._<>~>~".~""",~.."","",-"---~,~."~~~,_..~",,,,."'"~~..._~-