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Backup Documents 01/13/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA January 13,2009 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 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." Page 1 January 13,2009 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 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 w/changes - 5/0 B. December 2-3,2008 - BCC/Regular Meeting Approved as presented - 5/0 C. December 4,2008 - BCC/Special Joint Meeting with City Council of Marco Island Approved as presented - 5/0 D. December 5, 2008 - Value Adjustment Board Special Magistrate Pelletier Approved as presented - 5/0 E. December 8, 2008 - BCC/ALS Engine Workshop Approved as presented - 5/0 Page 2 January 13, 2009 F. December 8,2008 - BCC/Transportation Workshop Approved as presented - 5/0 G. December 11, 2008 - Value Adjustment Board Special Magistrate Pelletier Approved as presented - 5/0 H. December 15,2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Scott Watson. Approved as presented - 5/0 I. December 16, 2008 - BCC/Regular Meeting Approved as presented - 5/0 J. December 19,2008 - Value Adjustment Board Special Magistrate Pelletier Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Advisory Committee Service Awards A. 5-Year Awards: 1) Andrew H. Reiss - Library Advisory Board Presented 2) Loretta Murray - Library Advisory Board Presented 3) Betty R. Schudel - Radio Road Beautification Advisory Committee Presented B. 10-Year Award: 1) Janet Vasey - County Govemment Productivity Committee Presented 2) Floyd Crews - Immokalee EZDA Not present Page 3 January 13, 2009 4. PROCLAMATIONS A. Proclamation designating January 13, 2009 as Seymour Taffet, M.D. Day. To be received by Dr. Seymour Taffet, M.D. Adopted - 5/0 B. Proclamation designating January 27,2009 as Intemational Holocaust Remembrance Day. To be accepted by Murray Hendel. Adopted - 5/0 C. Proclamation recognizing five Collier County Government employees on active duty in the military: Kevin Anderson, Malinda Busher, Tracy Edmondson, Christian Grieve and Hermes Oliva. To be accepted by Dan Summers and Jim DeLony. Adopted - 5/0 D. Proclamation designating the week of January 18 - 24, 2009 as Hazardous Materials Awareness Week. To be accepted by Dan Summers. Adopted - 5/0 E. Proclamation recognizing citizens for their dedication to the betterment of government and community life. To be accepted by Patricia Brennan, Mary Jane Cary, Paul Granroos, Betty Hughes, Chuck Kabis, Patricia Southorn and Patricia Bates. Adopted - 5/0 F. Proclamation remembering Dr. Martin Luther King's dream and to celebrate the centennial of the NAACP. To be accepted by County employee Rhonda Cummings, Co-Chair of the MLK Day Parade Committee, County employee Dianna Perryman, Co-Chair of the MLK Day Parade, and Harold Weeks, Collier County NAACP. Adopted - 5/0 5. PRESENTATIONS A. Presentation of the Advisory Committee Volunteer ofthe Year Award for 2008 to Willis P. Kriz. Presented Page 4 January 13, 2009 B. Recommendation to recognize Susan Usher, Senior Budget Analyst, Office of Management and Budget, as Employee of the Year for 2008. Presented C. Presentation of Productivity Committee's Impact Fee recommendations by Mr. Larry Baytos. Motion to accept the report from the Productivity Committee - Approved 5/0 D. SELECTION OF CHAIRMAN AND VICE CHAIRMAN Commissioner Fiala nominated as Chairman - Approved 5/0 Commissioner Coyle nominated as Vice Chairman - Approved 5/0 6. PUBLIC PETITIONS Withdrawn A. Public petition request by Demetria Chadbourne to discuss water bill charges for 6432 Autumn Woods Boulevard. Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopts an Ordinance creating the Collier County Emergency Medical Services Policy Advisory Board for the purpose of assisting the Board of County Commissioners with all issues affecting pre-hospital emergency medical services within all of Collier County, and once established, abolishing the current Emergency Medical Services Advisory Council by repealing its establishing Ordinance 1980-80, as amended. Ordinance 2009-01 Adopted w/changes - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Library Advisory Board. Resolution 2009-07: Appointing Doris Lewis (w/waiving term limit) and Rochelle Z. Lieb to the Library Advisory Board - Adopted 5/0 Page 5 January 13, 2009 B. Appointment of members to the Clam Bay Advisory Committee. Resolution 2009-08: Appointing Noah Standridge, Ron Glah, John Arceri to the Clam Bay Advisory Committee - Adopted 5/0 C. Appointment of member to the Collier County Code Enforcement Board. Resolution 2009-09: Appointing James E. Lavinski (for the remainder of the vacant term, expiring on February 14, 2010) to the Code Enforcement Board - Adopted 5/0 D. Appointment of member to the Immokalee Master Plan and Visioning Committee. Resolution 2009-10: Appointing Estil Null to the Immokalee Plan and Visioning Committee - Adopted 5/0 E. Appointment of members to the County Government Productivity Committee. Resolution 2009-11: Appointing Larry Magel, James Hoppensteadt, and re-appointing Gina Downs to the Productivity Committee - Adopted 4/1 (Henning opposed); Staff direction to revise the ordinance making this committee smaller, televising the meetings, and to re-advertise for the other positions 10. COUNTY MANAGER'S REPORT A. Recommendation to review and approve the projects proposed for Collier County's Fiscal Year 2010 Federal Legislative Agenda which will be presented to the Congressional Delegation in Washington, D.C. for federal funding consideration. (Debbie Wight, Assistant to the County Manager) Motion to approve the county's project list - Approved 5/0; Commissioner Halas to represent the BCC - Approved 5/0 Time Certain 3:30 p.m. B. Recommendation to deny the petitioners request for a reduction of the storage for the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, Project #60001 (Norman Feder, Transportation Services Administrator) Motion to continue - Approved 3/2 (Commissioner Halas and Commissioner Coyle opposed) Page 6 January 13, 2009 C. This item to be heard at 11 :00 a.m. Request that the Board of County Commissioners accepts the Collier County Transportation Impact Fee Update Study (Study) dated December 2008 and directs staff to bring back an Ordinance amending Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the Study to either implement the corresponding Road Impact Fee Rate Schedule or consider an option to delay the adoption of the corresponding Road Impact Fee Rate Schedule for a period of one (1) year and consider an economic incentive by adjusting the Road Impact Fee Rate Schedule to reflect the rates in effect as of June 30, 2006 with staff direction to prepare measures to reduce trip lengths. (Nick Casalanguida, Transportation Planning Director) Motion to continue until staff can bring an analysis of the fiscal impact - Approved 5/0 D. This item to be heard at 2:00 p.m. Recommend approval by the Board of County Commissioners to award Bid #09-5148 to Subaqueous Services, LLC in the total amount of$1,555,4l9.29 for 2008 Dredging of Doctors and Wiggins Passes and approve all necessary budget amendments. (Gary McAlpin, Coastal Zone Management Director) Approved - 5/0 Continued to the January 27, 2009 BCC Meeting E. 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 the existing tenants of Building 300, with Developers concurrence, or the original amount of$196,873 without Developers concurrence. (Tom Wides, Director Fiscal Operations, Public Utilities) F. Recommendation for the Board of County Commissioners to correct an apparent scrivener's error within Section XI.(5) of the County's purchasing policy regarding local preference reciprocal agreements with other counties. (Steve Carnell, Director, Purchasing) Approved - 5/0 Page 7 January 13, 2009 G. Added H. Recommendation to defer approval of two invoices totaling $707,317.95 from the Clerk of Courts for "Services per statutory charges" provided to the Board of County Commissioners during the Months of October and November 2008. (John Yonkosky, Director, Office of Management and Budget) Motion to approve staff recommendations - Approved 5/0 Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign Department of Housing and Urban Development (HUD) Form SF424, Application for Federal Assistance and HUD Form 2991, Certificate of Consistency for the Continuum of Care (CoC) projects submitted as part of the 2008 CoC Grant application. HUD SF424 is the cover form for the grant application and outlines the federal funds requested and match funds being provided by the participating sub- recipients. HUD Form 2991 confirms the projects included in the application are consistent with the County's Consolidated Plan. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Tim Hancock - Youth Haven SDP: Approved w/conditions - 5/0 12. COUNTY ATTORNEY'S REPORT A. Request that the Board of County Commissioners provide direction with respect to whether the County should close on the Pepper Ranch transaction, in light of a claim made by an adjacent property owner that they are entitled to access their property through the Pepper Ranch. Motion to accept option #3 and move forward w/stipulations and to bring back the results at the next BCC Meeting - Approved 5/0 Moved from Item #16K2 B. Recommendation to ratify the approved Stipulated Final Judgment in the amount of $33,500.00 for Parcel 151 RDUE in the lawsuit styled Collier County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well Road Project No. 60044). (Fiscal Impact $14,400.00) Approved - 4/0 (Commissioner Henning out); County Attorney to bring back analysis of excessive legal costs in acquisitions - Consensus Moved from Item #16K3 Page 8 January 13, 2009 C. Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel ll3FEE in the lawsuit styled Collier County v. Luz Matlin, et al., Case No. 07-2850-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) Approved - 5/0 (Commissioner Henning entered) Moved from Item #16K4 D. Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel127FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,900.00) Approved - 5/0 Moved from Item #16K5 E. Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel119FEE in the lawsuit styled Collier County v. Carlos Alvarez, et aI., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) Approved - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Mudd - Empire Group had check returned for insufficient funds, to be taken before the CEB Meeting on January 22, 2009 B. Mr. Mudd -Brookside Marina and the Caradee Property C. Mr. Mudd - Potential locations for Property Appraisers Office _ Consensus D. Mr. Mudd - 60 Sign violations in Immokalee; Staff to bring back recommendations - Consensus E. Commissioner Coyle - Encourage community clean-up F. Commissioner Halas - Clerk's report regarding interest earnings on investments G. Commissioner Henning - Constituent called commending Code Enforcement and Diane Flagg for working with public and compliance is up 95% Page 9 January 13, 2009 H. Commissioner Henning - Small Tooth Saw Fish - Motion for staff to bring back a resolution opposing the designation of endangered species - Approved 4/0 (Commissioner Coyle out); Resolution 2009-12 submitted by County Attorney's Office I. Commissioner Fiala - Order of presentations during BCC Meetings and the commissioner buttons during meetings J. Commissioner Fiala - Adjourned - Approved 4/0 (Commissioner Coyle out) ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Chase Preserve First Replat (Lely Resort PUD) and the roadway and drainage improvements will be privately maintained. Resolution 2009-01 W/release of the Maintenance Security 2) Recommendation that the Board of County Commissioners approve a Job Creation Investment Program Agreement with Anchor Health Centers, P.A. and Naples Investment Group, LLC consistent with the provisions of the Job Creation Investment Program and the company's approved incentive application. For the targeted 40 new jobs created at their new medical facility at Edison Village by December 31, 2009 3) Recommendation that the Board of County Commissioners approve an Advanced Broadband Infrastructure Investment Program Agreement with Anchor Health Centers, P.A. and Naples Investment Group, LLC, consistent with the provisions of the Advanced Broadband Infrastructure Investment Program and the entity's approved incentive application. For renovating and upgrading existing non-residential buildings Page 10 January 13, 2009 at Edison Village 4) Recommendation to approve final acceptance of the water and sewer utility facilities for White Lake Corporate Park, Phase 4. W /release of any Utilities Performance Security 5) Recommendation that the Collier County Board of County Commissioners (BCC) review the Collier County Planning Commission's (CCPC) December 9,2008 recommendations on the East of CR951 Horizon Study Infrastructure and Services Phase II report, along with the Horizon Study Master Committee and Staff recommendations; and accept the Horizon Study Committee and Staff recommendations provided for within this executive summary. As detailed in the Executive Summary 6) Recommendation to grant final approval of the roadway and drainage improvements for the final plat of Preserve Commons (Olde Cypress PUD), roadway and drainage improvements will be privately maintained. Resolution 2009-02 W/release of the Maintenance Security 7) This item reauires that ex parte disclosure be provided bv Commission Members. Should a hearin2 be held on this item, all participants are reauired to be sworn in. This is a recommendation to approve for recording the final plat of Esperanza Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORT A nON SERVICES 1) Recommendation that the Board of County Commissioners (BCC) approve the reduction of the study area of the Wilson Boulevard Extension/Benfield Road Corridor Study to allow for the conveyance of land to the Florida Department of Environmental Protection (FDEP) located within the current study area for the purpose of generating bonus conveyance credits. The revised study will allow land owners to continue forward with the mitigation permitting process to convey property to the State Page 11 January 13,2009 2) Recommendation that the Board of County Commissioners (BCC) make a motion finding that the curb-and-gutter urban roadway cross- section constructed on Southwest Boulevard meets the commitment listed under Paragraph P, of Sub-section 7.5 Transportation of the Wentworth Estate's Ordinance No. 2003-51, adopted by the Board on September 23, 2003. This section of roadway has been in operation for more than a year, now known as Treviso Bay 3) Request that the Board direct staff to bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation Road projects within road right of way, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right-of- Way, Collier County, Florida and a new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way Handbook, and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. As detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the State), for the existing roadway bridge (No. 034176) crossing the Cocohatchee River on Vanderbilt Drive (C.R. 901) within the existing right-of-way. To reconstruct the existing bridge and to be maintained by the County 5) Recommendation to approve a change order to a work order in the amount of$65,000.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contract #06-3987 Professional Contract for Construction, Engineering and Inspection services for the Freedom Park (Project No. 51085). Located east of Goodlette-Frank Road and north of Golden Gate Parkway Page 12 January 13, 2009 6) Recommendation to approve award of contract #09-5127 to URS Corporation Southern for Professional Design and Related Services for Dynamic Message Signs. To be used for arterial roadways in unincorporated Collier County C. PUBLIC UTILITIES 1) Recommendation to approve a budget amendment to appropriate $75,000 to fund the commissioning of Master Pump Station 104; Project #73132; Santa Barbara Sewer Force Main. For a six mile long sewer force main interconnect along Santa Barbara Boulevard and Logan Boulevard from Radio Road North to Vanderbilt Beach Road 2) Recommendation that the Board of County Commissioners of Collier County, Florida, as Ex-Officio Board of the Collier County Water- Sewer District, approve a work order to Mitchell & Stark Construction Company, Inc. in the amount of $290,650 for construction of the water main replacement to accommodate the replacement of the Vanderbilt Drive Bridge over the Cocohatchee River, Project #70045. To continue to provide potable water to the northwestern part of the service area by replacing a 12-inch water main 3) Recommendation to award Bid No. 08-5137, Annual Contract for the Purchasing and Repair of Pumps and Motors to various companies in the estimated annual amount of $350,000.00. Awarded to John Mader Enterprises Inc. (Mader Electric Motors), Southern Electric Supply (Rexel), Bob Dean Supply and TAW Orlando Service Center 4) Recommend that the Board of County Commissioners reject RFP #08-5093 to Cliff Berry Inc. (CBI) Staff intends to utilize the Florida Department of Environmental Protection's Contract with Southern Waste Services, Inc., for cleaning up the discharge of hazardous waste Page 13 January 13,2009 5) Recommendation to approve and execute documents necessary for the conveyance of the required utility facilities located within the site of the Emergency Services Center and South Regional Library on Lely Cultural Parkway in Collier County, Florida to the Collier County Water-Sewer District at a cost not to exceed $78.50, Projects #52160 & #54003. To operate and maintain water and wastewater utilities within the easement area 6) Recommendation to A ward Bid Number 08-5123 for purchase of hauling and disposal of lime sludge services to Pro-Lime Corporation in the estimated amount of $150,000 annually. The sludge is a byproduct of the lime softening treatment process D. PUBLIC SERVICES 1) Recommendation to approve a Third Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., for the continued use of vacant County-owned land at an annual income of $1 O. For the use of 30 acres adjacent to the Manatee Elementary and Middle School property 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement with Physician Led Access Network (PLAN) of Collier County to provide a shared information network for PLAN participants in Collier County. Services will be paid on behalf of the PLAN program through a grant awarded by the United States Department of Health and Human Services, Health Resources and Services Administration. For a more effective and efficient method of health care service for the uninsured population 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Khaled Mahgoub (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at the west half of Lot 147 and all of Lot 148, Gulf Harbor, North Naples. Impact Fee Deferral in the amount of $34,573.36 Page 14 January 13, 2009 4) Recommendation to award Bid #08-5109 in the amount of $146,786.16 to Hannula Landscaping and Irrigation, Inc., for the Landscape and Fence work at Palm Springs and Rita Eaton Parks and to approve the necessary budget amendment. For planting new trees and shrubs, mulching, irrigation and the installation of new fence and gates 5) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Habitat for Humanity's (Habitat) Acquisition/Rehabilitation/Resale Subrecipient Agreement approved on September 23,2008 (Item 10K) for $1,104,000. This Amendment will allow reimbursement of Habitat's expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors for goods and services provided in support of this Agreement. For the purchase, rehabilitation and resale of foreclosed home sites in the Naples Manor Area 6) 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. 7) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Housing Opportunities Made for Everyone (H.O.M.E.) Acquisition/ Rehabilitation/Resale Subrecipient Agreement approved on September 23,2008 (Item l6D6) for $427,472.42. This Amendment will allow reimbursement ofH.O.M.E.'s expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors in support of this Agreement. For the purchase, rehabilitation and resale of foreclosed home sites 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Agreement providing for a $150,000 State Housing Initiative Partnership (SHIP) grant to Housing Opportunities Made for Everyone, Inc. (HOME) for the acquisition and/or rehabilitation of at least three (3) residential Page 15 January 13,2009 dwelling units to benefit households earning less than 120% of the Area Median Income. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of November 21, 2008 through December 12, 2008 2) Recommendation to approve chiller maintenance services to the respective manufacturers: Trane, Mcquay Services, and Carrier Commercial Services, as the sole source providers for the maintenance, repair, and installation of associated parts, proprietary software, and other auxiliary components of such County-owned and maintained chillers. For an estimated annual amount of $100,000 3) Recommendation that the BCC recognize the receipt of a check for $501.25 from Nationwide Retirement Solutions and authorize HR to include the $501.25 in its budget for FY 2009. For the settlement of an administrative proceeding by the Securities and Exchange Commission 4) Recommendation to award Bid No. 09-5143, "Electrical Parts and Supplies" to Graybar Electric, Mayer Electrical Supplies and World Electric Supply for the purchase of electrical parts and supplies for an estimated annual amount of$llO,OOO. For the repair and maintenance of the County's many electrical and lighting systems 5) Recommendation to approve a Release and to accept payment in the amount of $155.55 resulting from the voluntary settlement between Willis Group Holdings, Inc. and the Office of the Attorney General. For the matter of undisclosed insurance carrier compensation 6) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. For property located within the Red Maple Swamp Preserve Multi Parcel Project in Golden Gate Estates, Unit 53 Page 16 January 13, 2009 7) Recommendation to approve an Agreement for Sale and Purchase with Charles David Hinz for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. For property located within the Red Maple Swamp Preserve Multi Parcel Project in Golden Gate Estates, Unit 53 8) Recommendation to approve an Agreement for Sale and Purchase with Nelson Canales and Yanelys Canales 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 9) Recommendation to approve an Agreement for Sale and Purchase with Krystyna Balinski for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,750. For property located within the Winchester Head Multi Parcel Project in Golden Gate Estates, Unit 65 10) Recommendation to approve an Agreement for Sale and Purchase with Joseph L. Perrone as Trustee of the Yvonne A. Perrone and Joseph L. Perrone Revocable Trust Dated July 6,2000 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 11) Recommendation to approve an Agreement for Sale and Purchase with Michael Zell for 5.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $82,800. For property located within the Winchester Head Multi Parcel Project in Golden Gate Estates, Unit 62 12) Recommendation to approve an Agreement for Sale and Purchase with Judith Walsh f/k/a Judith Sorensen and Jane Dinda f/k/a Jane Sorensen for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. For property located within the Camp Keais Strand, south of Oil Well Road Page 17 January 13,2009 13) Recommendation to authorize the conveyance of an Easement to Florida Power and Light Company (FPL) for the installation of electric facilities to provide electric service for the Collier County Fleet Facility which is located at 2897 County Barn Road, at a cost not to exceed $27.00, Project #52009. With recording cost not to exceed $27.00 Withdrawn 14) Recommendation to approve a resolution supporting full funding of the Florida Forever Successor Program within the 2009-20 I 0 State budget. F. COUNTY MANAGER 1) Approve budget amendments. BA #09-122: To pay health reinsurance for FY09 2) Request that the Board of County Commissioners (BCC) direct the County Manager or his designee and the County Attorney to proceed with the preparation of an ordinance( s); all related enabling documents and the prerequisite statutory notice requirements necessary to dissolve up to twenty three (23) inactive Taxing Authorities which are currently found on the Property Appraisers Ad Valorem Property Tax Roll. Allowing the reduction of paperwork volume and reporting requirements as part of the TRIM compliance process 3) Recommendation to approve the after-the-fact submittal of a grant application for the U. S. Smokeless Tobacco Polaris Ranger Donation Program for Emergency Medical Services. This national program provides off-road utility vehicles to assist in emergency response 4) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign Grant Agreement #08DS-5l-09- 21-01 between Collier County and the Florida Division of Emergency Management accepting $103,500.00 for Emergency Management Program Enhancements and approve a budget amendment to recognize and appropriate the grant funds. Page 18 January 13,2009 To enhance our post disaster redevelopment, county-wide exercise program and augment our Federal and State mandated Comprehensive Emergency Management Plan 5) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting the Citizen Corps Grant award totaling $7,000 and approve a budget amendment to recognize and appropriate the grant funds. To involve community members in all-hazards emergency preparedness, planning, mitigation, response and recovery 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions and insurance proceeds) to the fiscal Year 2008-09 Adopted Budget. Resolution 2009-03 7) Authorization of a budget amendment transferring appropriations from Reserves in the General Fund (00 I) to the Other General and Administrative Services budget. The appropriation will be used to pay for attorney fees and court reporting charges for an employee appeal. ($20,368.80) Due to the termination of a Board office staff employee in September 2008 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) For the CRA Board to correct a scriveners error on the July 25,2006, Agenda Item #14B executive summary from $10,147 to $10,197 and to approve the return of a pro-rata share of collected private donations to those who contributed to the Hallendale Subdivision road paving project based on the corrected amount of $10, 197.00. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the EDC Pre-Legislative Luncheon at the Naples Sailing and Yacht Club on December 10,2008. $40 to be paid from Page 19 January 13, 2009 Commissioner Coletta's travel budget. Located at 896 River Point Drive 2) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Farm City BBQ in Immokalee on November 26,2008. $20 to be paid from Commissioner Coletta's travel budget. Held at the Nobles Collier Packing House, 212 Jerome Drive, Immokalee, FL 3) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the lmmokalee Foundation and Future Builders of America (FBOA) Luncheon on August 9, 2008. $20 to be paid from Commissioner Coletta's travel budget. Held at the Pace Center, 160 North 1st Street in Immokalee, FL 4) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Big Cypress Sportsmen's Alliance Addition Lands Meeting on September 3, 2008. $56.20 to be paid from Commissioner Coletta's travel budget. Held in Fort Lauderdale 5) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Greater Naples Leadership Luncheon on October 29, 2008. $25 to be paid from Commissioner Coletta's travel budget. Held at the Collier Athletic Club 6) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Senior Provider Workshop and Breakfast on September 19,2008. $4 to be paid from Commissioner Coletta's travel budget. Held at Naples Community Hospital's Telford Auditorium 7) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta advertised contact information and meeting notifications to constituents in the Everglades City Directory and Mullet Rapper. $25 Page 20 January 13,2009 8) 9) Withdrawn 10) Withdrawn 11) Withdrawn 12) 13) to be paid from Commissioner Coletta's travel budget. Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Collier Citizen of the Year Banquet on November 21, 2008. $35 to be paid from Commissioner Coletta's travel budget. Held at the Naples Elks Lodge Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the NMSS Holiday Party on December 11, 2008. $17.45 to be paid from Commissioner Coletta's travel budget. Held at the Glades Country Club, 174 Teryl Road Commissioner Coletta requests Board approval for payment to an organization that serves a valid public purpose as it relates to Collier County business. Commissioner Coletta Immokalee Chamber of Commerce Dues for 2009. $150.00 to be paid from Commissioner Coletta's travel budget. Commissioner Coletta requests Board approval for payment to an organization that serves a valid public purpose as it relates to Collier County business. Commissioner Coletta Leadership Collier Dues for 2009. $100.00 to be paid from Commissioner Coletta's travel budget. Commissioner Coletta requests Board approval for payment to an organization that serves a valid public purpose as it relates to Collier County business. Commissioner Coletta East Naples Civic Association Dues for 2009. $60.00 to be paid from Commissioner Coletta's travel budget. Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Immokalee Chamber of Commerce Silent Auction on November I, 2008. $50.00 to be paid from Commissioner Coletta's travel budget. Held at the Goodwill/Roberts Senior Center Page 21 January 13,2009 14) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Leadership Collier Retreat on January 23,2009. $100.00 to be paid from Commissioner Coletta's travel budget. Held at the Naples Beach Hotel and Golf Club 15) Commissioner Henning requests Board approval to attend a function serving a valid public purpose to attend the EDC Project Innovation Events on 1-15-09,2-19-09,3-19-09,4-16-09 and 5-20-09 in the amount of $200 to be paid from Commissioner Henning's travel budget. Held at the Naples Beach Hotel and Golf Club 16) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta to attend the EDC Project Innovation Series - January 8, 2009; January 15,2009; February 19,2009; March 19,2009; April 16,2009; and May 20,2009. $200.00 to be paid from Commissioner Coletta's travel budget. Held at the Naples Beach Hotel and Golf Club Continued to the January 27, 2009 BCC Meeting 17) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta is attending the 2009 Everglades Coalition Conference, January 8-11, 2009. $290.00 for Registration Fee and $597.00 for Accommodations for a total of$887.00 to be paid from Commissioner Coletta's travel budget. 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 December 6, 2008 through December 12, 2008 and for submission into the official records of the Board. Page 22 January 13,2009 2) To obtain Board approval for disbursements for the period of December 13,2008 through December 19,2008 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of December 20, 2008 through December 26, 2008 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of December 27,2008 through January 2,2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to authorize the Chairman to sign a release oflien as part of Board-approved settlement in the matter of Collier County v. Donald E. Gray, CEB Case No. 2004-005. Related to a 2004 CEB case involving an unpermitted boathouse roof that has since been demolished Moved to Item #12B 2) Recommendation to ratify the approved Stipulated Final Judgment in the amount of$33,500.00 for Parcel15lRDUE in the lawsuit styled Collier County v. Luz Matlin, et al., Case No. 07-2850-CA (Oil Well Road Project No. 60044). (Fiscal Impact $14,400.00) Moved to Item #12C 3) Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcelll3FEE in the lawsuit styled Collier County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) Moved to Item #12D 4) Recommendation to approve a Stipulated Final Judgment in the amount of $31 ,000.00 for Parcell27FEE in the lawsuit styled Collier County v. Carlos Alvarez, et aI., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,900.00) Moved to Item #12E Page 23 January 13, 2009 5) Recommendation to approve a Stipulated Final Judgment in the amount of $31 ,000.00 for Parcel ll9FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2008-AR-13568: Robert Oster, Trustee, represented by Clay Brooker, Esquire, is requesting a l4-foot 1.25 inch variance from the required rear yard setback of fifteen feet as specified in the Naples Bath and Tennis Club PUD (Ordinance No. 81-61) to allow a rear yard accessory structure setback of 10.75 inches to allow construction of a screen enclosure over an existing pool and patio. The subject 0.32-acre parcel is located on the west side of Airport-Pulling Road (CR 31) and approximately mile south of Pine Ridge Road (CR 896). More specifically the property is located at 540 Bald Eagle Drive, in Section 14, Township 49 South, Range 25 East, Collier County, Florida. (CTS) Resolution 2009-04 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-13060 Naples Baptist Church, Inc. represented by Laura DeJohn, AICP, of Johnson Engineering, Inc., requests a Conditional Use in the Mobile Home Overlay within the Agricultural zoning district (A-MHO) pursuant to 2.03.0I.A.l.c.7 of the Land Development Code (LDC). The 4.96 acre A-MHO zoned site is proposed to permit a Church with a maximum of 12,000 square feet of floor area. The subject property is located at 2140 Moulder Drive, Section 30, Page 24 January 13,2009 Township 48 South, Range 27 East, Collier County, Florida. (CTS) Resolution 2009-05 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-06 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 25 January 13, 2009