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Backup Documents 02/24/2009 RecapCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O AGENDA February 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." February 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 A. Father Tim Navin, San Marco Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and /or Adopted with changes — 4/1 (Commissioner Henning opposed) B. January 27, 2009 - BCC /Regular Meeting Approved as Presented — 5/0 C. January 30, 2009 Value Adjustment Board Nearing with Special Magistrate Mark Pelletier Approved as Presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS February 24, 2009 Page 2 A. Proclamation designating March 1, 2009 as World Friendship Day. To be accepted by Liz Lloyd and Darrell Anderson, FFSWFL Club Members. Adopted — 5/0 5. PRESENTATIONS A. Presentation of a Donation in the amount of $1,000.00 from the Disabled Veterans Foundation to the Collier County Veterans Council (to be presented by Bobby Brooks, Operations Manager for Disabled Veterans Foundation; to be accepted by Jim Elson, President of the Collier County Veterans Council). Continued per County Manager Mudd B. Presentation by Wright Construction Group on the construction status of the new Sheriffs Fleet Maintenance Facility. Presented C. This item to be heard at 1:00 p.m. Presentation by Lamp] Herbert Consultants, Inc. on behalf of Miami -Dade Aviation and Parks and Recreation on the Training and Transition (TNT) Airport Lands for potential Off - Highway Vehicle (OHV) use. Motion directing staff to open cycle for new application (by end of April) with the stipulation to meet with SFWMD for discussion, with the option of including the land in Hendry County in a joint effort with Hendry and Lee County and it not to cost the County any money - Approved 5/0 6. PUBLIC PETITIONS A. Public petition request by Jennifer Bermudez to discuss a fence variation matter. Petitioner to submit additional information to support her request to the Zoning Director B. Public petition request by William Poteet to discuss sound invasion on east side of 1 -75 between Golden Gate Parkway and Pine Ridge Road. Motion to have Chairman contact FDOT to resolve problem — Approved 3/2 (Commissioner Henning and Commissioner Coletta opposed); Motion authorizing Commissioner Henning to work with staff and residents — Approved 4/1 (Commissioner Halas opposed) February 24, 2009 Page 3 C. Public petition request by Michael Conway to discuss cost of unwarranted calls to Sheriff Department, Code Enforcement, Animal Control and Waste Management. County Attorney to work with Sheriff's Office to prepare a False Report Ordinance — Consensus D. Public petition request by Joanie Griffin to discuss a permitting issue at Joanie's Blue Crab Cafe. Petitioner to work with staff to bring into compliance E. Public petition request by Francia Stevens to discuss The Gabriel Project. Staff to work with petitioner regarding options Item 7 and 8 to be heard no sooner than I:00 p.m., unless otherwise noted. BOARD OF ZONING APPEAL 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-A- 2006 -AR- 10325: Wynn Properties, Inc. and Carbone Properties of Naples, Ltd Liability Co., represented by Robert J. Mulhere, AICP of RWA, Inc., and R. Bruce Anderson, of Roetzel and Andress LPA, and Carbone Properties of Naples, LLC, represented by R. Bruce Anderson, Esq., are requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for the Sungate Center CPUD. The project proposes a maximum of 83,000 square feet of commercial leasable floor area. The subject 10.0 acres are located on the northwest corner of the intersection of Green Boulevard and Collier Boulevard (CR 95 1) in Section 15, Township 49 South, Range 26 East, Collier County, Florida (CTS). Ordinance 2009 -06 Adopted CCPC recommendations & transportation improvements - 5/0 B. CPSP- 2008 -6: Petition Requesting that the Board of County Commissioners adopts an Ordinance amending the Capital Improvement Element of the Collier County Growth Management Plan, Ordinance 89 -05, as amended, to approve their submittal to the Florida Department of Community Affairs, to direct staff to initiate certain GMP amendments which ensue from these February 24, 2009 Page 4 amendments to the Capital Improvement Element, and to consider Collier County Planning Commission policy recommendations. Ordinance 2009 -07 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Clam Bay Advisory Committee. Resolution 2009 -42: Appointing David H. Farmer (w /waiving simultaneous service on more than two County boards) — Adopted 5/0 B. Appointment of member to the Affordable Housing Advisory Committee. Resolution 2009 -43: Appointing Patrick Peck (fulfilling the remainder of the vacant term expiring on October 1, 2011) — Adopted 5/0 C. Appointment of member to the Golden Gate Community Center Advisory Committee. Resolution 2009 -44: Appointing Darrin S. Brooks (fulfilling the remainder of the vacant term expiring on December 11, 2011) Adopted — 5/0 D. This item to be heard at 11:30 a.m. Presentation by the Clerk of Courts to update the Board of County Commissioners on the County Investment Portfolio. Motion to bring back a staff report regarding hiring an Investment Advisor and to look at revising the Investment Policy — Approved 5/0 10. COUNTY MANAGER'S REPORT A. This item was continued from the January 13, 2009 BCC Meeting and the February 10 2008 BCC Meeting and was further continued to the February 24 2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to deny the Alternative Impact Fee Appeal submitted by Tamiami Square of Naples, LLC (Developer) and authorize the Chairman to execute a notice to the Developer for the collection of the Collier County Water -Sewer District (CCWSD) Alternative Impact Fee calculation of $120,904 for Building 300. (Tom Wides, Director Fiscal Operations, Public Utilities) Resolution 2009 -45: Motion to approve staffs recommendation to deny appeal - Adopted 4/1 (Commissioner Henning opposed); Motion to February 24, 2009 Page 5 approve payment plan option #4 as amended — Approved 5/0 B. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners provide direction to the County Attorney and the County Manager, or his designee, related to the option to change the requirements for the assessment of impact fees for changes of use in existing buildings. (Amy Patterson, Impact Fee and Economic Development Manager, Business Management and Budget Office, CDES) Approved w /follow -up report in one year — 4/1 (Commissioner Coletta opposed) C. This item continued from the February 10, 2009 BCC Meeting. Recommendation that the Board of County Commissioners approves the Wetland Mitigation and Panther Habitat Unit Option Agreement with Barron Collier Companies and authorize the Chairman to sign the document. Project #60044. (Norman Feder, Transportation Services Administrator) Approved - 5/0 D. Recommendation to adopt the FY 10 Budget Policy and to approve a resolution directing the Sheriff, the Supervisor of Elections and the Clerk to provide their FYI budget submittals by May 1, 2009. (John Yonkosky, Office of Management and Budget Director) Motion to approve Budget Guidance - Approved 510; Resolution 2009- 47 Added (Per Agenda Change Sheet) E. Recommendation to approve a Memorandum of Agreement between the Florida Department of Environmental Protection through its Office of Coastal and Aquatic Managed Areas (CAMA), and Collier County, for hydrologic restoration improvements on Shell Island Road. Approved 5/0 Moved from Item #16D1 F. Recommendation for the Board of County Commissioners to adopt a Resolution to declare a public purpose and to allow Collier County Parks and Recreation to create a Donation Fund for the solicitation, receipt and expenditure of donations to Collier County Parks and Recreation to benefit youths, adults and senior citizens. Resolution 2009 -48: Setting up a trust fund so that interest earned will stay within that account - Adopted 510 February 24, 2009 Page 6 Moved from Item #16E8 (Per Agenda Change Sheet) G. Recommendation to approve a Budget Amendment to the Freedom Memorial Fund (620) in the amount of $70,000 in order to begin construction on the Collier County Freedom Memorial. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mr. Thomas — Seminole Tribe petition for exclusivity B. Mrs. Payton — Regulations on sending lands; Motion to bring back staff recommendations regarding regulations on sending lands — Approved 5/0 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K3 (Per Agenda Change Sheet) Time Certain 3:00 p.m. (Per Commissioner Coletta's request) A. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition CU -2005- AR -8748, to allow a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, pursuant to Land Development Code subsection 2.03.01 .A.l.a.2. The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. Motion to approve the 12 conditions in the original conditional use petition — Vote Count 3/2 — No Supermajority (Commissioner Coyle and Commissioner Halas opposed); Motion to reconsider the motion — Approved 510; Resolution 2009 -46: Motion to approve the petition requiring all funds from the sale of the fill be held escrow and including the 12 conditions in the original conditional use petition — Adopted 4/1 (Commissioner Halas opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY February 24, 2009 Page 7 A. Recommendation to the Community Redevelopment Agency (CRA) to approve the 2008 annual performance evaluation for the Immokalee CRA Executive Director and authorize a 4.2 percent cost of living adjustment. Approved - 5/0 Moved from Item #16G1 (Per Agenda Change Sheet) B. Recommendation for the CRA Board to reject the sole response received for Request for Proposal (RFP) #08-5112 from Kaye Homes to construct, market and sell moderately priced houses on CRA -owned land; and to approve the CRA staff to release a new RFP at a later date through the Collier Purchasing Department. Motion to accept staff direction and deny proposal — Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Mudd — Appropriations Committee has 4 projects recommended for funding, should be mid -March B. Commissioner Coletta — Disbanding the EAC, staff to bring back C. Commissioner Henning — Sun setting provisions for SDP's & Plats D. Commissioner Coletta — Limitation of terms on a Board E. Commissioner Coletta — Developmental Services and the loss of personnel and knowledge F. Commissioner Fiala — When will are we going to get Indian money G. Commissioner Halas — Governor Crist tight with President Obama: getting money for the state, hopes he's getting money for counties as well H. Motion to adjourn — Approved 510 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and /or Adopted with changes — 4/1 (Commissioner Henning opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve a resolution establishing the Horizon Study Oversight Committee as provided for during the January 13, February 24, 2009 Page 8 2009 BCC public hearing. Resolution 2009 -38 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Chase Preserve of Lely Resort. W /release of any Utilities Performance Security 3) Request to increase the time frame associated with the contract to allow for the Van Buskirk, Ryffel & Associates to provide the updating of the baseline parcel data reflecting the land use changes approved from January 2007 through March 2009. 4) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Amador at Fiddlers Creek. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Falls of Portofino. W /release of any Utilities Performance Security 6) To accept final and unconditional conveyance of the water utility facility for La Playa Beach Resort. W /release of any Utilities Performance Security 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Cottesmore. W /release of any Utilities Performance Security B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #09 -5180 for construction of Bayshore Drive and Thomasson Drive Stormwater Improvements, Project No. 51134. 1, to Kyle Construction, Inc. in the amount of $59,153.20 plus a ten percent contingency, and to approve the necessary budget amendment. For clearing and grubbing, ditch realignment and construction of an access maintenance pathway February 24, 2009 Page 9 2) Recommendation to approve the Program Management Plan (PMP) outlining the projects that will be eligible for Federal Transit Administration #5316 & #5317 Program Grants. For the following projects: Extended service hours, increased routes, geographical service connections, increased frequency in transit service and additional bus shelters /benches 3) Recommendation to approve Change Order No. I to Professional Service Agreement No. 07 -4133 in the amount of $120,460.20 with PB America, Inc., for the design of Northbrooke Drive improvements from northern terminus of the Bridge to Mill Creek Road and Valewood Drive Extension from Immokalee Road to Autumn Oaks Lane, Project No. 60106. Changes will add sidewalk continuity within the existing residential and commercial community as well as increasing turn lane capacity 4) Recommendation that the Board of County Commissioners review and approve an amendment to the 2008 Transportation Disadvantage Service Plan (TDSP) to allow for joint meetings between Collier and Lee County Local Coordinating Boards (LCB). For developing inter and intra County policies 5) Resolution authorizing the Chairman of the Board of County Commissioners to execute a Transportation Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT), for the maintenance of a pedestrian bridge and guardrail Safe to School project on 20th Place SW between 50th Street SW and 50th Terrace SW. Resolution 2009 -39 C. PUBLIC UTILITIES 1) Recommendation to approve award of Request for Proposal Number 09 -5151 Fixed Term Instrumentation and Controls Engineering Services. Terms will be for one year with the option of three additional one year periods. The four firms recommended are Camp Dresser & February 24, 2009 Page 10 McKee, Inc., Hazen and Sawyer, P.C., RKS Consulting Engineers, Inc., and EMA, Inc. 2) Recommendation to approve Amendment #A01 to the existing Agreement No. ML070554 between the County and the South Florida Water Management District that will reduce the fiscal year 2009 funding by $43,227, and to approve the associated budget amendment. Agreements new reference #3600001301 D. PUBLIC SERVICES Moved to Item #IOF (Per Agenda Change Sheet) 1) Recommendation for the Board of County Commissioners to adopt a Resolution to declare a public purpose and to allow Collier County Parks and Recreation to create a Donation Fund for the solicitation, receipt and expenditure of donations to Collier County Parks and Recreation to benefit youths, adults and senior citizens. 2) Recommendation to award Bid No. 09 -5166, East Naples Community Park Soccer Field, at a cost of $529,364.63 to Professional Building Systems. Located at 3500 Thomason Drive 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, ten (10) lien agreements for deferral of 100% of Collier County impact fees for owner - occupied affordable housing dwelling units located in Collier County. Totaling $196,767.84 in impact fees, all agreements are with Habitat for Humanity for property located in the Liberty Landing Subdivision in lmmokalee and Trail Ridge Subdivision in Naples 4) 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. As detailed in the Executive Summary February 24, 2009 Page I1 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, seven (7) Developer lien agreements for deferral of 100% of Collier County impact fees for owner- occupied affordable housing units located in Collier County. Deferring $192,834.88 in impact fees, all agreements are with Habitat of Humanity Subdivisions; Naples Manor Lakes and Liberty Landing 6) Recommendation that the Board of County Commissioners recognize and approve the expenditure of Housing and Urban Development (HUD) funds in the amount of $84,375.00 for the Golden Gate Senior Meals Program which is administered by the Department of Housing and Human Services (HHS). This program is an expansion to an existing HHS program which provides nutritious meals to low - income seniors in Collier County. Including $27,130 for one Program Assistant to be hired for 32 hours per week with no health benefits for remainder of FY09 7) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between Collier County Board of County Commissioners and the Physician Led Access Network (PLAN) in the amount of $50,000 to provide medical referral services for low - income residents in Collier County. To be funded from the Low Income Pool Program (LIP) from January 1, 2009 through December 31, 2009 8) Recommendation for the Board of County Commissioners to Award Request for Quotation #09- PR- GGCP -WS Golden Gate Community Park Water Slide under Contract 406 -3971 Annual Contract for General Contractor Services, in the Amount of $296,971 to Professional Building Systems for replacement of existing structure at Golden Gate Community Park Aquatic Center. 9) Recommendation that the Board of County Commissioners approve past expenses for non - ethanol gasoline for County Parks and Marinas. For outstanding invoices totaling $62,826.60 that need to be paid before the addition of non - ethanol 10) Recommendation for the Board of County Commissioners to waive the formal competitive process and approve and authorize the February 24, 2009 Page 12 Chairman to sign an agreement for $160,000 with the Health Planning Council of Southwest Florida as a sole source provider for a health information technology project in conjunction with the Physician Led Access Network (PLAN). To procure the necessary contractors to implement the technical scope of the information network for a one year contract period ending February 23, 2010 E. ADMINISTRATIVE SERVICES l) Recommendation for the Board of County Commissioners to authorize the Chairman to sign a Safe Harbor Agreement with the U.S. Fish and Wildlife Service for specialized management of the Conservation Collier Nancy Payton Preserve. To implement specific management activities that would provide a net conservation benefit to the endangered Red Cockaded Woodpecker — located north of Brantley Blvd and east of Blue Sage Drive 2) Recommendation to approve an Agreement for Sale and Purchase with Edward J. Tauber and Mary P. Tauber for 5.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $80,300. For property located within the Red Maple Swamp Preserve Multi Parcel Project in Golden Gate Estates, Unit 53 3) Recommendation to approve an Agreement for Sale and Purchase with Juan Rey for 5.66 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $91,100. For property located within the Red Maple Swamp Preserve Multi Parcel Project in Golden Gate Estates, Unit 53 4) Recommendation to approve an Agreement for Sale and Purchase with Julio C. Ponce for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $19,300. For property located within the Winchester Head Multi Parcel Project in Golden Gate Estates, Unit 65 5) Recommendation to approve an Agreement for Sale and Purchase with Orlando Pacheco for 2.27 acres under the Conservation Collier February 24, 2009 Page 13 Land Acquisition Program, at a cost not to exceed $37,900. For property located within the Winchester Head Multi Parcel Project in Golden Gate Estates, Unit 65 6) Recommendation that the Board of County Commissioners approves an Agreement to provide a maximum expenditure of $28,746 from the GAC Land Trust Fund to the Big Corkscrew Island Fire Control and Rescue District for the purchase of Fire Shelters and Equipment. For safety vests, radio equipment, wildland chainsaws, shovels and rakes 7) Recommendation to approve a change in wastewater treatment service for the Collier County Government Complex from the City of Naples to the Collier County Water -Sewer District and to approve the Interlocal Service Agreement and Accord and Satisfaction with the City of Naples to supersede an existing 1977 Interlocal Agreement, as amended. Moved to Item #10G (Per Agenda Change Sheet) 8) Recommendation to approve a Budget Amendment to the Freedom Memorial Fund (620) in the amount of $70,000 in order to begin construction on the Collier County Freedom Memorial. F. COUNTY MANAGER 1) Approve budget amendments. BA #09 -178: To refund impact fees paid in a prior fiscal year for cancelled building permits 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008 -09 Adopted Budget. Resolution 2009 -40 3) Recommendation that the Board of County Commissioners Award Bid #09 -5175 for Horticulture Debris Hauling and Disposal to County Waste, Inc. 4) Recommendation to approve the Southwest Florida Consortium 2009 Legislative Priorities which will be presented by participating County February 24, 2009 Page 14 Commissioners to Legislative Delegation members in Tallahassee throughout the 2009 Legislative Session. To be presented on March 25, 2009 G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY Moved to Item #14B (Per Agenda Change Sheet) 1) Recommendation for the CRA Board to reject the sole response received for Request for Proposal (RFP) #08 -5112 from Kaye Homes to construct, market and sell moderately priced houses on CRA - owned land; and to approve the CRA staff to release a new RFP at a later date through the Collier Purchasing Department. 2) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $1,495,000.00 to recognize USDA grant revenue in the amount of $495,000.00 and transfer $1,000,000.00 from Airport Authority Reserves to the project for the construction of a 20,000 square foot manufacturing facility at the Immokalee Regional Airport. To house a small and emerging business in the Immokalee Industrial Park 3) To approve and execute a Site 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 (2255 Davis Boulevard). Property owned by the Salvation Army 4) To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2772 Riverview Drive) For the installation of a conventional seawall to prevent further erosion on property owned by William C. King 5) To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2736 Riverview Drive) February 24, 2009 Page 15 For the installation of a conventional seawall to prevent further erosion on property owned by William C. King 6) 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 $20,000 for B &B Cash Grocery Stores, Inc. for improvement to the Handy Food Store #92 located at 401 South First Street in Immokalee, Florida. For installation of a new mansard roof covering, new glass storefront and new sign face, located at 120 West Delaware Ave. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Fourth Annual Fashion Show and Silent Auction on March 20, 2009 at The Club at the Strand in Naples, FL. $80.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Italian American Society of South West Florida Reverse Raffle and College Scholarship Fundraiser on February 22, 2009 at the Country Club of Naples. $100 Donation benefits local students for college scholarships and admits two. $50 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Boy Scouts of America Southwest Florida Council Executive Board (Member) Retreat in Fort Myers on January 24, 2009. $5 luncheon to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS February 24, 2009 Page 16 1) To obtain Board approval for disbursements for the period of January 30, 2009 through February 06, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 7, 2009 through February 13, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY l) Recommendation that the Board of County Commissioners ratify a purchase order increase exceeding $50,000 for the Santa Barbara Boulevard Extension project (Project No. 60091) in accordance with the Collier County Purchasing Policy (Fiscal Impact $50,000). To continue litigation support and expert witness services in preparation for trial on 12 parcels still in dispute 2) Recommendation that the Board of County Commissioners authorizes application for tax deeds for thirty -two (32) County -held tax certificates and the forwarding of a written notice to proceed with tax deed applications to the Tax Collector. To enforce the payment of outstanding property taxes Moved to Item #12A (Per Agenda Change Sheet) 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition CU- 2005 -AR -8748, to allow a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, pursuant to Land Development Code subsection 2.03.0 LA.La.2. The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. 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 February 24, 2009 Page 17 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. VA- 2008 -AR -13756 Lee Wyatt, represented by Lauren Barber of Turrell and Associates, is requesting a front yard setback Variance for principal structures in the Mobile Home (MH) Zoning District from 25 feet to 16 feet, as required by Land Development Code (LDC) Section 4.02.01, Setbacks for Base Zoning Districts, to permit a nine -foot setback; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9.04.02.B.1. The approximately 0.14 -acre subject property is located on Lot 77, Otter Avenue, in Plantation Island, of Section 24, Township 53 South, Range 29 East, Collier County, Florida. CTS Resolution 2009 -41 B. CPSP- 2007 -6: Petition requesting an amendment to the Potable Water Sub - Element of the Public Facilities Element of the Growth Management Plan (GMP), to add reference in Policy 1.7 to the proposed Ten -Year Water Supply Facilities Work Plan; approve the 10 -Year Water Supply Facilities Work Plan as proposed; and direct staff to implement the CCPC's recommendations. (Adoption hearing) Ordinance 2009 -04 C. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2002 -27, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit, by providing for waiver of mail ballot requirements in the event the number of nominees for appointment to the Pelican Bay Services Division Board in a particular category does not exceed the number of open positions for that category. Ordinance 2009 -05 18. ADJOURN— Motion to Adjourn —Approved 5/0 February 24, 2009 Page 18 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. February 24, 2009 Page 19