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Backup Documents 03/24/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 24, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Vice-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." March 24, 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. February 24,2009 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Diane Deoss, Solid Waste Presented 2) Gregory Harrison, Road Maintenance Presented March 24, 2009 Page 2 3) Robert Kohl, Water Department Presented 4) Rudy Luna, Water Department Presented B. 25 Year Attendees 1) Phillip Cramer, Water Department Presented C. 30 Year Attendees 1) Mary Esch, EMS Presented D. 35 Year Attendees 1) Val Prince, Stormwater Management Presented E. Advisory Committee Service Awards 1) 5 Year Recipient: Councilman John F. Sorey, III; Tourist Development Council and Collier County Coastal Advisory Committee Presented later in the meeting 4. PROCLAMATIONS (One Motion taken adopting all Proclamations) A. Proclamation designating March 24, 2009 as Community School of Naples State Championship Day. To be accepted by Cassie Barone, Girls Head Cross Country Coach and Mitch Woods, Girls Head Basketball Coach. Adopted - 5/0 B. Proclamation designating March 14, 2009 through March 2 I, 2009 as Panther Awareness Week. To be accepted by Lisa Ostberg, President, Friends of the Florida Panther Refuge. Adopted - 5/0 (Ms. Ostberg was not present) March 24, 2009 Page 3 C. Proclamation designating April, 2009 as Water Conservation Month. To be accepted by Paul Mattausch and Clarence Tears. Adopted - 5/0 D. Proclamation designating March 24, 2009 as Sweetbay Supermarket Day. To be accepted by David Williams. Adopted - 5/0 E. Proclamation designating April 2, 2009 as World Autism Day. To be accepted by Robbie Powell. Adopted - 5/0 F. Proclamation designating the week of March 23,2009 through March 27, 2009 as the 29th Anniversary of Know Your County Government Week. To be accepted by Robert Dorsey, Alex Bethune and Bobby Mladenov. Adopted - 5/0 To be heard first (Request per Deputy County Manager Ochs during Agenda Changes) G. Proclamation designating April 4, 2009 as Naples Toastmaster's Club Day. To be accepted by Edward Larsen, President of Naples Toastmaster's Club, Jennifer Edwards, Supervisor of Elections of Collier County and longtime member of Naples Toastmaster's Club and Marcia Herrera, Area 12 Governor of Toastmaster's International. Adopted - 5/0 H. Proclamation designating March 25, 2009 as Edison State College GreenFest Day. To be accepted by Dr. Kirk Otto, Science Lab Manager, Edison State College; David Buchheit, Chairman, Collier County Community Traffic Safety Team; Nancy Frye, Secretary, Collier County Community Traffic Safety Team. Adopted - 5/0 I. Proclamation designating April 6 - 10,2009 as National Work Zone Awareness Week 2009. To be accepted by Jay Ahmad, Collier County Transportation Engineering and Construction Management Director, and Sgt. Chris Gonzalez from the Collier County Sheriffs Office. Adopted - 5/0 March 24, 2009 Page 4 5. PRESENTATIONS A. Presentation by Marcela Rice regarding the United States Census 2010. Presented B. Kraft Construction Company contractor presentation on the current project status of Freedom Park. Presented by Sr. Project Manager Henry F. McKevitt 6. PUBLIC PETITIONS A. Public petition request by Evelyn Delaney to discuss set back code violation. Motion to deny - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating directed changes to the requirements for the assessment of impact fees for changes of use in existing buildings through the implementation of the Impact Fee Program for Existing Commercial Redevelopment Ordinance 2009-14 Adopted - 4/1 (Commissioner Coletta opposed) This Item to be heard at 3:30 p.m. (Per Agenda Change Sheet) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2007-AR- 12097, The Covenant Presbyterian Church of Naples, Inc. and Florida Community Bank, NA, represented by Richard Y ovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone from the Residential Single-family (RSF-I) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with the Master Plan to allow a maximum of 80,000 square feet for a house of March 24, 2009 Page 5 worship, including day care facilities, a Pre-K through third grade school, and various accessory uses for Tract A; an additional 20,000 square feet of house of worship including children and adult day cares, Pre-K through third grade school and accessory uses for Tract B. The I 5.93-acre subject property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. CTS Ordinance 2009-15 Adopted w/stipulations - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Haldeman Creek Maintenance Dredging Advisory Committee. Resolution 2009-77: Re-appointing Tom Briscoe - Adopted 5/0 B. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. Resolution 2009-78: Appointing Carrie E. Williams to fulfill the remainder of the term expiring September 23, 2012 - Adopted 5/0 C. Appointment of members to the Radio Road Beautification Advisory Committee. Resolution 2009-79: Re-appointing Wilfred Jaeger (w/waiving term limit) and John T. Weber - Adopted 5/0 D. Appointment of member to the Educational Facilities Authority. Resolution 2009-80: Re-appointing Clay W. Cone - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2009 in accordance with Ordinance No. 2001-55. Committees include: Ochopee Fire Control District Committee; Collier County Planning Commission; Golden Gate Estates Land Trust Advisory Committee and Collier County Coastal Advisory Committee. (Mike Sheffield, Assistant to the County Manager) Motion to approve all reports in mass, amending the ordinance to abolish the oral reports by committees - Approved 3/2 (Commissioner Fiala and Commissioner Halas opposed) March 24, 2009 Page 6 B. Recommendation that the Board of County Commissioners consider the recommendation by the Collier County Productivity Committee to utilize a two-year average to calculate the annual impact fee indexing, the requirements for which are set forth in Article III, Special Requirements for Specific Types ofImpact Fees, of Chapter 74 of the Collier County Code of Laws and Ordinances such that this calculation method will update the adopted methodology in the approved Collier County Impact Fee Indexing Study in order to provide an approach for indexing that is more responsive to cost fluctuations; also based on the review, that the Board of County Commissioners provide direction to the County Attorney and the County Manager, or his designee, on proceeding with the preparation of the required ordinance amendment to implement the change to the indexing methodology and corresponding rate schedules, for Government Buildings, Law Enforcement, Dependent Fire, Emergency Medical Services and Educational Facilities Impact Fees, for consideration at a future regular meeting of the Board of County Commissioners, as an advertised public hearing. (Amy Patterson, Impact Fee and EDC Manager, CDES) Motion to support Productivity Committee's recommendations utilizing a two-year average calculation and fee schedule - Approved 4/1 (Commissioner Coletta opposed); Motion to forward to DSAC, delay full update and staff to bring back recommendations in December, 2009 for further guidance - Approved 5/0 C. Recommendation that the Board of County Commissioners consider the following information regarding the Board's discussion of the Environmental Advisory Council (EAC). (William D. Lorenz Jr., P.E., Director, Engineering & Environmental Services Department, CDES) Motion to terminate all EAC Members, have them re-apply and re- advertise for the membership and allow current EAC members to remain on the Board until the new (re)appointments to the EAC can be accomplished - Approved 5/0 D. Recommendation to approve the purchase of property insurance for the period April 1,2009 through March 31, 2010 in the amount of$4, I 53,980, a reduction of$127,424. (Jeff Walker, Risk Management Director) Approved - 5/0 E. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the attached U.S. Department of Housing and Urban Development entitlement funding agreement for the March 24, 2009 Page 7 Neighborhood Stabilization Program for FY 2008-2009 providing $7,306,755 in funding for Collier County. (Marcy Krumbine, Housing and Human Services Director) Approved - 5/0 F. Recommendation that the Board of County Commissioners approves the implementation of the Neighborhood Stabilization Program Grant and Administrative Plan, and approves, and authorizes the Chairman to sign, the attached Neighborhood Stabilization Program Resolution. (Marcy Krumbine, Housing and Human Services Director) Resolution 2009-81 Adopted w/stipulations - 5/0 G. Recommendation that the Board of County Commissioners (BCC) reviews various alternatives regarding the US4l Consortium Developers Contribution Agreement (DCA) proposal and provides direction to staff. Staff to review and bring back at April 12, 2009 BCC Meeting - Consensus Moved from Item #16B13 (Per Agenda Change Sheet) H. Recommendation to approve a Resolution authorizing the posting of No Trespassing Signs pertaining to a dry retention pond that is located just South of the Intersection of Michigan Avenue and 12th Street North to promote and protect the well-being ofthe general public. Motion to work with neighbors to come up with plan - Denied 2/3 (Commissioner Coyle, Commissioner Halas and Commissioner Fiala opposed); Resolution needed a motion to be adopted and there wasn't a motion taken to adopt the resolution 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Request that the Board of County Commissioners provides direction to the County Attorney as to whether (1 ) the Board wishes to continue to trial, or (2) authorizes the County Attorney to contact the Clerk's attorneys to see whether the Clerk is willing to enter into a Joint Stipulation of Dismissal of the remaining claims of both parties, in the litigation styled Collier County v. Dwight E. Brock, Clerk of Courts, Case No. 07-1 056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, and announce a Notice of Closed Attorney-Client Session (Shade Session) for April 14, March 24, 2009 Page 8 2009. Motion to continue litigation - Approved 3/2 (Commissioner Henning and Commissioner Coyle opposed); Motion for Shade Session at the April 14, 2009 BCC Meeting - Approved 4/1 (Commissioner Henning opposed) 13. OTHER CONSTITUTIONAL OFFICERS A. Recommendation to appoint the Chairman of the Collier County Board of County Commissioners to serve on the Collier County Canvassing Board for the Golden Gate Fire and Rescue Control District Special Election to be held on May 12,2009, and an alternate. Motion to appoint Commissioner Fiala as Chairman and Commissioner Coletta as Alternate - Approved 5/0 B. Recommendation that the Collier County Board of Commissioners approve a resolution, pursuant to Section 101.001 (1), Florida Statutes, to alter precinct boundaries in Precincts 554 and 591 and in Precincts 50 I and 550 changing the boundary between those precincts to follow the boundary line of the Golden Gate Fire Control and Rescue District. Resolution 2009-82 Adopted - 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Election or reelection of the Collier County Community Redevelopment Agency (CRA) Chair and Vice-Chair for 2009. Motion to appoint Commissioner Coletta as Chairman and Commissioner Fiala as Vice-Chairman - Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Coletta - Still waiting for commitment from Water Management for land donation for A TV Park - Chairman to send letter B. Commissioner Fiala - Collier Citizen not sent to East Naples anymore C. Commissioner Fiala - Motion to Adjourn - Approved 4/0 (Commissioner Henning 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 March 24, 2009 Page 9 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 grant final approval of the roadway (private) and drainage improvements for the final plat of North Naples Research and Technology Park with the roadway and drainage improvements being privately maintained. Resolution 2009-66 w/release of the maintenance security 2) Recommendation that the Board of County Commissioners adopts a Resolution to formally dissolve the East of County Road 951 Infrastructure and Services Horizon Study Public Participation Master Committee as established by Resolution No. 2006-181. Resolution 2009-67 3) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Via Veneto Replat. Developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Professional Village at Northbrooke with the roadway and drainage improvements being privately maintained. Resolution 2009-68 w/release of the maintenance security B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Memorandum of Agreement for Interim Median Opening located at Davis Boulevard and Joy Rose Place. March 24, 2009 Page 10 Developer will pay all costs associated for the continued access to the Alligator Alley PUD that would have been closed by the FDOT for the Davis Boulevard Widening Project 2) Recommendation to reject all submittals and re-solicit Bid #09-5165, Supply and Install Traffic Signs and Markings. In order to obtain more competitive bids 3) Recommendation to award Bid #09-5186, Intelligent Transportation Systems (ITS) Components to multiple vendors (category basis). Annual expenditure estimated $ I 50,000. To Cohu, Inc., Temple, Inc., and Precision Contracting Services, Inc., on a category and primary/secondary basis 4) Recommendation to recognize and accept revenue for Collier Area Transit in the amount of $1 ,200.00 and to approve needed budget amendments. For damages to a CAT bench on Rattlesnake-Hammock Road by a road construction company 5) Recommendation to terminate the contract awarded to American Earth Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) in the amount of $720,000.00 and to award a contract to Kelly Brothers, Inc. in the amount of$77l,546.00 for Bid No. 08-5135, Project No. 66066. Allowable per the agreement and resulting from three change orders submitted before work began increasing the bid by 14.6% 6) Recommendation to award Bid #09-5194 Collier County Right-of- Way (ROW) and Median Mowing and Maintenance Annual Contract to Big Tree, Inc, Amera- Tech, Inc. and Vila & Son, Corp. in the estimated annual expenditure of$253,864.00. (Fund 111, Various Cost Centers) For twenty-four services per year and covering 32.3 miles of roads, including Immokalee Rd., Vanderbilt Beach Rd., Collier Blvd., Santa Barbara Blvd., and Rattlesnake-Hammock Road 7) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration USC 5311 Grant application proposal March 24, 2009 Page 11 for the American Recovery and Reinvestments Act (ARRA) funds and applicable document, and to accept the grant if awarded. Resolution 2009-69 8) Recommendation that the Board of County Commissioners approve submittal of a grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program (HMGP) for $515,247 to fund stormwater improvements to the Haldeman Creek System and reconstruct the Loche Louise Weir in Crown Pointe, a portion of the Lely Area Stormwater Improvement Proj ect. Requires a 25% match (staff time and/or cash match) the project is scheduled to start in 2013 to help alleviate flooding and limit loss during storms & disasters 9) Recommendation to approve a Resolution to establish a speed limit of thirty-five miles per hour (35 mph) on White Lake Boulevard from City Drive to Collier Landfill roadway segment. Resolution 2009-70 10) Recommendation to approve the Consent Agreement between the South Florida Water Management District and Collier County Transportation as resolution of a dewatering permit issue with Astaldi Construction and the Northbrooke Bridge component of the Immokalee Road Design Build Project #66045 and authorize the chair to sign the agreement. Astaldi has paid the fine levied by SFWMD, which was levied as the result of a 2008 water quality violation caused by heavy summer flooding Grant is for $200,000 (Per Agenda Change Sheet) 11) Recommendation to approve submittal ofa Hazard Mitigation Grant to the Federal Emergency Management Agency, Department of Homeland Security for $150,000 to install electric roll down steel shutters and supporting equipment and winds screen for the protection of Collier Area Transit Operations Center Buildings from damage during high wind events. Funded 75% by FEMA (local match of 25% will be $50,000) this project is designed to help protect buildings at the new CAT March 24, 2009 Page 12 Facility, located at 8300 Radio Road 12) Recommendation to submit an application for Shirley Conroy Rural Area Capital Equipment Support Grant for the purchase of a paratransit vehicle and to authorize the Chairman of the Board to execute the application and applicable documents. Resolution 2009-71 Moved to Item #10H (Per Agenda Change Sheet) 13) Recommendation to approve a Resolution authorizing the posting of No Trespassing Signs pertaining to a dry retention pond that is located just South of the Intersection of Michigan Avenue and 12th Street North to promote and protect the well-being of the general public. C. PUBLIC UTILITIES 1) Recommend to accept and sign Amendment No.1 to the Department of Environmental Protection Contract No. GC690 authorizing the Florida Department of Environmental Protection to extend the date from 45 days of the payment of the 12th invoice to within 60 days of the end of the State fiscal year (June 30) of the existing assessment, a 5 percent penalty on the contract in the event that Collier County does not provide a Statement of Revenue, Expenses and Fund Balance. As detailed in the Executive Summary 2) Recommendation to reimburse WCI in the amount of$9l,565.16, the remaining amount of the County's portion of costs for rehabilitation of the potable water distribution system to service Tower Road. The result of unforeseen expenses incurred during 2006 construction improvements 3) Recommendation that the Board of Commissioners approve and authorize the Chairman to sign a grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program (HMGP) for up to $50,000 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. Funded 75% by FEMA (the grant requires a 25% in-kind staff time and/or cash match); this project is designed to help protect March 24, 2009 Page 13 facilities located on White Lake Boulevard 4) Recommendation that the Board of Commissioners approves and authorizes the Chairman to sign a grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program (HMGP) for up to $320,000 to construct a six-inch High Density Polyethylene (HDPE) landfill leachate pipe at the Collier County Landfill. A FEMA Project for a facility on White Lake Blvd., providing additional capacity to handle waste exposed to water (leachate) resulting from a severe storm or catastrophic event; the grant requires a 25% in-kind staff time and/or cash match D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, one (1) lien agreement for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing dwelling unit located in Collier County. Deferring $14,987.08 for property at Liberty Landing (Lot 120) 2) Present to 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 budget amendment in the amount of $ I 2,500 to recognize revenue received from a grant from the Community Foundation of Collier County to serve the needs of seniors in Immokalee. Used to purchase emergency alert systems and essential supplies for those seniors with the greatest needs who wish to remain in their homes 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign Change Order No.1 in the amount of $21 ,035 to Marine Contracting Group, for additional materials to replace the deck and pilings and to add sixty (60) calendar days to Contract No. 08-5058. March 24, 2009 Page 14 For work performed at the Cocohatchee Park River Marina 5) Recommendation that the Board of County Commissioners award three Contracts under #08-5124, Fixed Term Physical and Biological Monitoring Services for the Collier County Coastal Zone Management Projects to Coastal Planning and Engineering, Inc., Coastal Engineering Consultants, Inc., and Humiston & Moore Engineers, P.A. For multiple projects with work distributed and based on qualifications, price, and cost-related considerations 6) Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management Grant Agreement #08258, for Artificial Reef Deployment to the Coastal Zone Management Department that will provide grant funds in the amount of$60,000. The three artificial reefs will be located at Gordon, Doctor's and Wiggin's Pass and must be completed by August 31, 2009 7) Recommend that the Board of County Commissioners approve a resolution authorizing the submittal of a grant application in the amount of $102,000 to the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program. Resolution 2009-72 8) Recommendation to award Contract #09-5114, Naples Station Museum Phase III to White General Construction, Inc., in the amount of $440,000 to complete historical restoration and renovation of the Naples Depot Museum and authorize the Chairman to execute a standard Contract following County Attorney Approval. Located on the corner of Fifth Avenue South and 10th Street 9) Recommend that the Board of County Commissioners recognize an error in the January 13,2009 approved Contract #09-5148 value with Subaqueous Services, LLC for the Dredging of Doctors and Wiggins Passes in the amount of$1O,999.97 and approve revised contract amount totaling $ I ,566,4 I 9.26. 10) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the 2007 March 24, 2009 Page 15 .. ------.-.--....---.--.-....-" .,...._,._.__._~---,-- .~,,~----~--~..,._-----, Continuum of Care (CoC) Subrecipient Agreement with the Collier County Hunger and Homeless Coalition (CCHHC) for the maintenance of the Homeless Management Information System (HMIS) in the amount of $104,645 which was approved on September 9,2008 (Item #16D35). This amendment will clarify start date, define sources of matching funds, and further specify the projects purpose as stated in the original agreement. Amending Agreement (#FLl4B706002) for the program that helps track our community's homeless population 11) Recommendation to award an $832, I 70 construction contract to Boran Craig Barber Engle Construction Company Inc. (BCBE) for the construction of the Marco Island Library Rose Hall Addition, Project #54004, and approve the necessary Budget Amendments. For a 4,000 square foot meeting room addition primarily funded by donations, including $500,000 from the W.R. Rose Foundation E. ADMINISTRATIVE SERVICES 1) Recommendation to A ward Bid #09-5 I 82, General Furniture for the New Collier County South Regional Library to Your Office, Inc. in the amount of$79,568.48. For general public area furniture 2) Recommendation to approve an Agreement for Sale and Purchase with Mark Bain, Esquire/Personal Representative on behalf of the Estate of Tessie Colluccio for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,750. Located in Golden Gate Estates Unit 65 and part of the 158 Acre Winchester Head Muti-Parcel Project (Folio #39955800009) 3) Recommendation to approve an Agreement for Sale and Purchase with Joseph R. and Mayda V. Muela for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $19,300. Located in Golden Gate Estates Unit 65 and part of the 158 Acre Winchester Head Muti-Parcel Project (Folio #39956160007) 4) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from March 24, 2009 Page 16 Paymetric, Inc. to Business Applications Associates, Inc. (BizAps) for XiBuy software license and services. Due to the December, 2008 purchase of Pay metric, Inc. by BizAps, Inc. F. COUNTY MANAGER 1) Recommendation that the Board approves Commercial Paper Loan prepayments in the amount of$8,278,000. Scheduled for April 6, 2009, this will save approximately $8,550 in monthly interest 2) Recommendation that the Board approves prepayment ofthe Caribbean Gardens Commercial Paper Loan in the amount of $9,500,000. Scheduled for April 6, 2009, this is the seventh prepayment on this loan and will save approximately $9,812 in monthly interest 3) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a grant application for the Emergency Medical Services Special Operations Response Team through the Wal-Mart Community Grants Program for a maximum of $1,000 in equipment and/or supplies and if awarded to authorize acceptance of the equipment and supplies. Used to help meet operational challenges and enhance services 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-73 5) Approve budget amendments. #09-199: Impact Fee Refunds 6) F or the Board of County Commissioners to declare a public purpose, adopt and authorize the Chairman to approve a Resolution allowing the Tourism Department on behalf of the TDC and the Naples, Marco Island, Everglades CVB to solicit and receive donations to use as prizes and awards for tourism promotions, familiarization tours and auctions. March 24, 2009 Page 17 Resolution 2009-74 7) Recommendation to adopt a resolution authorizing cash amounts to be allocated on March 31, 2009 for the parity Debt Service Reserve Account associated with the County's Capital Improvement Revenue Bonds (Series No. 20021200312005) in an amount not exceeding $8,026,972. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommend the Collier County Community Redevelopment Agency review and approve the 2008 CRA Annual Report, forward the report to the Board of County Commissioners and Clerk of Courts and publish public notice of the filing. As detailed in the Executive Summary 2) To approve and execute a Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2832 Arbutus Street) in the amount of $4,450. For property owned by David M. Corban 3) To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (3161 Van Buren Avenue) in the amount of$1,450. For improvements at Eagle Packaging Products owned by Mark J. & Natalie D. Anguilano H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Know Your County Government Teen Citizenship Program Luncheon March 24, 2009 at East Naples United Methodist Church. $10.00 to be paid from Commissioner Halas' travel budget. March 24, 2009 Page 18 2701 Airport Road South 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Fifth Annual Honor the Free Press Day luncheon on Wednesday, March 18,2009, at the Hilton Hotel in Naples, Florida. $30.00 to be paid from Commissioner Halas' travel budget. 5111 Tamiami Trail North 3) Commissioner Coyle requests Board approval for payment for attending a function serving a valid public purpose. Commissioner Coyle attended The Women's Health Research Luncheon on March 19,2009 at The Naples Grande; $50.00 to be paid from Commissioner Coyle's travel budget. 475 Seagate Drive, Naples 4) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Chabad of Naples Fifth Anniversary and Awards Program, 6 p.m., March 22, 2009 at the Naples Beach Hotel. $150.00 to be paid from Commissioner Coletta's travel budget. 851 Gulf Shore Boulevard North 5) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Greater Naples Better Government Committee's Reception honoring Retiring President of GNBGC, Lou Vlasho, April 1,2009,5 p.m. at Vergina's on Fifth Avenue. $5.00 to be paid from Commissioner Coletta's travel budget. 700 Fifth Avenue South 6) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Collier County Junior Deputies League BBQ and Fundraiser Event for the Development of Camp Discovery, April 18, 2009, 1 I a.m. at Camp Discovery. $35.00 to be paid from Commissioner Coletta's travel budget. Held next to the Swamp Buggy Grounds off Collier Boulevard March 24, 2009 Page 19 7) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Fifth Annual Honor the Free Press Day luncheon on Wednesday, March 18,2009, at the Hilton Hotel in Naples, Florida. $30.00 to be paid from Commissioner Henning's travel budget. 5111 Tamiami Trail North I. MISCELLANEOUS CORRESPONDENCE 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 February 28, 2009 through March 6, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 7,2009 through March 13, 2009 and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners approve the State of Florida Annual Local Government Financial Report for the fiscal year 2007 -2008 as required by Florida Statute 218.32. Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners directs Staff to work with the County Attorney to amend the Land Development Code (LDC) and relocate to the Collier County Code of Laws and Ordinances LDC Sections 8.03.00 (the Planning Commission Ordinance); 8.04.00 (the Board of Zoning Appeals Ordinance); 8.05.00 (the Building Board of Adjustments and Appeals Ordinance); 8.06.00 (the Environmental Advisory Council Ordinance); 8.07.00 (the Historic/ Archaeologic Preservation Board Ordinance); and Section 8.08.00 (the Code Enforcement Board Ordinance), and to amend the Planning Commission Ordinance to require nomination by the Commissioner of the District which the March 24, 2009 Page 20 appointee would represent. 2) Recommendation that the Board of County Commissioners authorizes staff to proceed with advertising a proposed Ordinance amending Ordinance No. 2001-55, as amended, (the Advisory Board Ordinance) to eliminate both term limits and the restrictions on simultaneous service on more than two County Boards. 3) County Attorney report on sidewalk requirement for the World Tennis Center Planned Unit Development. There were no requirements found or obligations by the County 4) County Attorney report on fair share payments required to be paid towards the installation, operation and maintenance of the traffic signal at the intersection of Pine Ridge Road and Whippoorwill Lane. Recommending to cease action to collect fair share contribution due to Statute of Limitations 5) Recommendation pursuant to Collier County Resolution 95-632, that the Board of County Commissioners authorizes the Office of the County Attorney to select retain outside counsel to represent Commissioner Tom Henning as well as County employees Stan Chrzanowski and Rudy Moss, who are all being sued by former employee Barbara Burgeson in the case styled Barbara Burgeson v. Collier County, Tom Henning, Stan Chrzanowski, and Rudy Moss, Case No. 09-20l0-CA, Twentieth Judicial Circuit in and for Collier County, and in addition to waive the Purchasing Policy to the extent it applies to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VILG. of the Purchasing Policy. As detailed in the Executive Summary 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 March 24, 2009 Page 21 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. Petition: SV-2008-AR- 13618 (NG) CHM Naples Hotel Partners, LLC, is requesting three sign variances to allow two wall signs for Spring Hill Suites, and one directional monument sign to serve as both an on-premises sign for Spring Hill Suites and an off-premises sign for Fairfield Inn. The first variance is from Section 5.06.04.C.4. of the Land Development Code (LDC), which requires one wall sign shall be permitted for each single-occupancy parcel, to allow two wall signs. The second variance is from Section 5.06.04.C.16.b.i. of the LDC, which allows a maximum sign area of 12 square feet for an off-premise directional sign, to allow a 35.5 square foot off-premise sign. The third variance is from Section 5.06.04.C.16.b.ii. of the LDC, which allows a maximum sign height of 8 feet above the lowest center grade of the arterial roadway for an off-premise directional sign, to allow a maximum sign height of 12 feet. The subject property is located at 3798 White Lake Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2009-75 B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance, in order to include the provisions of Florida Administrative Rule 2A-5.005, Minimum Safety Standards for Convenience Businesses. Ordinance 2009-12 C. Recommendation to adopt a resolution approving budget amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-76 Continued from the March 10, 2009 BCC Meeting (Per Agenda Change Sheet) D. Recommendation that the Board of County Commissioners approves the attached Ordinance establishing a Voluntary Separation Incentive Program which would authorize the County Manager to extend a Voluntary March 24, 2009 Page 22 Separation Incentive Program to eligible employees with an enabling Resolution. Ordinance 2009-13 18. ADJOURN Motion to Adjourn - Approved 4/0 (Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. March 24, 2009 Page 23