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Agenda 06/24/2008 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0",11/11'" I" .. "r "~"' '.Jt ,\ AGENDA June 24, 2008 9:00 AM Tom Henning, BCe 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." 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 of 14 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Randal Holdman, Parkway Community 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.) B. May 27, 2008 - BCCIRegular Meeting C. May 30, 2008 - Value Adjustment Board 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. David Becker, EMS 2. Franklin Chain, Road and Bridge 3. Harry Chancy, Building Review and Permitting 4. Chartchai Isaroskul, Road and Bridge 4. PROCLAMATIONS A. Proclamation to recognize the men and women who participated in the Brotherhood Ride to raise donations for those who lost family members in Charleston, SC. To be accepted by Fire Inspector Jeff Morse, North Naples Fire Control Rescue District, Fire Chief Mike Brown, North Naples Fire Control and Rescue Dist., Captain Jamie Cunningham, NFD, Pres. of North Naples Professional Firefighter's Union Firefighter Christopher Spencer, NNFD, V.P. of North Naples Professional Firefighter's Union, Sheriff Don Hunter, Collier County Sheriff's Office, Robert Metzger, Fire Chief of Golden Gate Fire District, Deputy Dan McDonald, C.C.S.O. (Brotherhood Rider) Fire Chief Rita Greenberg, representing Big Corkscrew Island F.D., and Fire Chief Robert Null, representing East Naples Fire Department, Jim Squittieri, Golden Gate Fire District. (Companion to Item SA) B. Proclamation to recognize the residents and emergency responders of the 800 acre fire May 29th & 30th. To be accepted by Golden Gate Estates Community Emergency Response Team, Florida Alert Response Team, Collier County Domestic Animal Services Department, American Red Cross, Collier Area Transit Bus, Collier County District Schools, Collier County Sheriffs Office, Collier County Emergency Management Department, Collier County Emergency Medical Services, The Salvation Army, FL Division of Forestry, Collier County Purchasing Department, Collier County Department of Health Florida Division of Emergency Management, Florida Highway Patrol Florida Power & Light, Sprint, Walmart, JW Kraft, Immokalee FD, East Naples Fire Department, Big Corkscrew Fire Department, Golden Gate Fire Department, Ochopee FD, North Naples FD, Isles of Capri Fire Department, City of Naples Fire Department, Marco Island Fire Department, Bonita Springs Fire Department, San Carlos Park Fire Department, lona Macgregor Fire Department, Estero Fire Department, South Trail Fire Department, Fort Myers Beach Fire Department, Lehigh Acres Fire Department, and Lee County Port Authority Aircraft Rescue and Firefighting. C. Proclamation recognizing and congratulating Stan Chrzanowski for being honored by the Florida Engineer Society Calusa Chapter as Government Engineer of the Year. D. Proclamation recognizing Recreation and Parks Month. To be accepted by Barry Williams, Director of Parks and Recreation. 2 of 14 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public petition request by Michael Sorrell to discuss "Do Not Respond" order. 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. This item to be heard at or about 1 :00 p.m., following Item 12B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA- 2007-AR-12322 Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting an amendment to the Hiwassee PUD to revise existing development standards, transportation requirements and property ownership information. The +1-12.52-acre subject property is located 1400 feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida. B. This item to be heard at 4:30 p.m. Adopt a resolution amending the Collier County Water-Sewer District Impact Fee Rates established by Ordinance No. 2007-57. (This item to be heard following Item 10G) C. This item to be heard at 4:30 p.m. Adopt a resolution amending Schedules One and Four through Seven of Appendix A to Section Four of the Collier County Ordinance No. 2006-27, titled The Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; This amendment included proposed rates for water and wastewater services with effective dates of October 1, 2008 and October 1, 2009 for Schedule 1 of Appendix A of the Ordinance; and provides for an effective date of October 1, 2008 for Schedules Four through Seven of Appendix A of the ordinance. (This item to be heard following Items 10G and 8B) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. B. Appointment of Citizen Members to the Value Adjustment Board. C. Commissioner Henning item for discussion. 3 of 14 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Essie Serratta, the Executive Director of the Collier County Housing Authority requests approval of deviations from the Collier County Land Development Code (LDC) through the Site Development Plan (SDP) approval process in order to rehabilitate dwelling units structures within the Farm Workers Village pursuant to a 9.2 million dollar Federal Grant on property located in Immokalee and for the BCC to review and determine if the requested deviations are warranted while ensuring that the communitys interests are maintained and health, safety and welfare standards are upheld.(Susan M. Istenes, AICP, Director, Zoning and Land Development Review, CDES) B. This item to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners determine whether Tourist Development Funds may be used to fund additional erosion control structures at Hideaway Beach by making a finding as to whether funding these erosion control structures is in the publics interest as required by the Tourist Development Tax Funding Policy. (Gary McAlpin, Coastal Zone Management Director) C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of six. laning and associated improvements to both Collier Boulevard (from south of Davis Boulevard to Golden Gate Main Canal. Project No. 60001) and Davis Boulevard (from Radio Road to Collier Boulevard - Project No. 60073). Estimated fiscal impact: $1,776,200.00. (Nick Casalanguida, TransportationlPlanning Director) D. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners provide the County Manager, or his designee, with guidance relating to the relocation of water and wastewater utility lines, and associated impacts to Orange Tree Utility customers, resulting from the widening of Oil Well Road. (James C. French, Operations Manager, CDES Office of Operations and Regulatory Management and Executive Director, Collier County Water and Wastewater Authority, CDES) E. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update on the Programs past activities, and to solicit proposals and applications for the current acquisition cycle. (Alex Sulecki, Senior Environmental Specialist) F. Recommendation that the Board of County Commissioners provide staff direction related to the Countys ability to process conveyance bonus credit applications specified by the Rural Fringe Mixed Use Sub-District to the Florida Department of Environmental Protection (FDEP), while retaining the Countys ability to address transportation improvements designated within the Countys Long Range Transportation Plan (LRTP). (Mike Bosi, Planning Manager, Comprehensive Planning, CDES) G. This item to be heard at 4:30 p.m. Recommendation that the Board of County Commissioners adopt the 2008 Collier County Water and Wastewater Master Plan Updates, dated June 24, 2008, Projects 700703, 730663, 750071, and 750072. (This item to be heard before Item 8B and 8C) (Jim DeLony, Public Utilities Administrator) H. Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements know as Phase 1 B North of the Lely Area Stormwater Improvement Project (LASIP). (Capital Improvement Element No. 291, Project No. 51101). Estimated fiscal impact: $1,266,250.00. (Norman Feder, Administrator, Transportation Services) I. Request that the Board of County Commissioners approve a Resolution to oppose the leasing of the Alligator Alley toll facility. (Norman Feder, Transportation Services Administrator) J. Recommendation to award Bid #08-5065 for the Installation of "Immokalee Beautification Phase IV Street Lighting Renovation Project - JPA FM #407977 to Bentley Electric in the amount of $1,176,060.87. (Diane Flagg, Alt. Trans. Modes Director) 4 of 14 K. Request for the Board of County Commissioners to authorize the acquisition of auditing services to determine if the Clerk of Courts has adhered to the Boards direction, concerning interest income, as defined in Resolution 2007-257, adopted in September 2007. (Jim Mudd, County Manager) L. This item to be heard at 1 :30 p.m. Review Clam Bay Restoration and Long Term Management Plan Permit Compliance issues and obtain direction from the Board of County Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director) M. This item has been continued to the July 22, 2008 BCC Meeting. Review the Port of the Isles boat launch facility purchase proposal and obtain direction from the Board of County Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director and Barry Williams, Parks and Recreation Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, June 24, 2008, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation cases of Lucky, M.K., Inc. v. Collier County, et aI., Case No. 07-0958-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney's Office as to settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Lucky, M.K., Inc. v. Collier County, et al., Case No. 07-0958-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. C. This item to be heard at 3:15 p.m. Request that the Board of County Commissioners provide direction to Staff and to the County Attorney, whether to commence a civil lawsuit, or in the alternative, a code enforcement proceeding, against Milano Recreation Association, Inc., for violating PUD Ordinance No. 03-54 (The Royal Palm Academy PUD), relating to failure and refusal to allow residents of Imperial Golf Estates to construct a road (Marquis Boulevard) over portions of the Milano subdivision to access Livingston Road, contrary to commitments made during the PUD rezoning process. 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the comprehensive annual financial report for the fiscal year ended September 30, 2007. 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 5 of 14 ------------------------------------------------------------------------------------------------------------------------------------------- 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. ------------------------------------------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation that the Board of County Commissioners approve a Satisfaction of Lien, related to impact fees, due to the cancellation of the building permit for the proposed home. 2. Recommendation that the Board of County Commissioners approve a Satisfaction of Lien due to a change in qualified applicant and the subsequent recording of a new impact fee deferral agreement and lien in accordance with the Immokalee Residential Impact Fee Deferral Program and the County-wide Impact Fee Deferral Program, as set forth by Section 74-201 (g) and 74-401 of the Collier County Code of Laws and Ordinances. 3. Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 3 Unit 1. 4. Recommendation to approve final acceptance of the water utility facility for Southwest Boulevard at Treviso Bay. 5. To accept final and unconditional conveyance of the water utility facility for The Rookery Golf Course Maintenance and Golf School. 6. Recommendation to grant final approval of the roadway and drainage improvements for the final plat of Tract 9 at Olde Cypress (Olde Cypress PUD), roadway and drainage improvements will be privately maintained. 7. This item continued from the April 22, 2008 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Reflection Lakes at Naples Phase 1A (Walnut Lakes PUD) with the roadway and drainage improvements being privately maintained. 8. This item continued from the April 22, 2008 BCC Meeting. Recommendation to grant final approval of the landscape and irrigation improvements for the final plat of Reflection Lakes at Naples Phase 1C (Walnut Lakes PUD) with the landscape and irrigation improvements being privately maintained. 9. 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. This is a recommendation to approve for recording the final plat of Mockingbird Crossing, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. 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 Ave Maria Unit 18, Hampton Village Townhomes. 11. 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 Cobblestone Cove, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 2 with the roadway and drainage improvements being privately maintained. 6 of 14 13. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 4 with the roadway and drainage improvements being privately maintained. 14. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 6 with the roadway and drainage improvements being privately maintained. 15. Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of revenue generated from the sale of CDES Fund 113 surplus goods, and provide direction to staff that all revenue generated from the surplus sale of such capital goods originally purchased within Fund 113 be returned to Fund 113 capital reserves. 16. Request approval by the Board of County Commissioners for a Land Development Code (LDC), Special Amendment 2008 Cycle 2a, to address an urgent amendment to the Land Development Code in response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County Sign Code unconstitutional. (Companion item to 16A17) 17. Request approval by the Board of County Commissioners for a Budget Amendment, to obtain professional services for the revision of the sign code section of the Land Development Code in response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County Sign Code unconstitutional and to obtain expert testimony and litigation support pertaining to the Plaintiffs damages claim. (Companion item to 16A16) 18. Request that the BCC consider the requests of the Public Vehicle Advisory Committee (PVAC) to (1) initiate review of taxi rates; and (2) amend the Public Vehicle for Hire (VFH) Ordinance (No. 2001-75), by changing the time frame for expiration of Driver Identification (ID) cards to every two years rather than annually; changing the expiration date of Certificates to Operate (CTO) to November 30th annually; and adding a section to the VFH Ordinance relating to Specialty Vehicle for Hire services. B. TRANSPORTATION SERVICES 1. Recommendation to Award Collier County Bid #08-5074 Single Engine Street Sweeper Truck to Environmental Products of Florida, Corp. ($371,980.00) 2. Recommendation to approve Change Order #5 to add $357,971.20 for continuing Inspection Services for Aim Engineering & Surveying, Inc. under ITN 04-3583 CEI Services for Collier County Road Projects for Project No. 63051 Vanderbilt Beach Road from Airport Road to Collier Boulevard. 3. Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funds from the Traffic Calming Project within the Transportation Supported Gas Tax Fund (313) Project No. 601631 to the PUD MonitoringlTraffic Counts Project in the amount of $100,000.00 for Project No. 691242. 4. Recommendation to approve Change Order #1 to add $434,779.47 for continuing Inspection Services for Johnson Engineering, Inc. under ITN 05-3583 CEI Services for Collier County Road Projects for Project No. 65061 Collier Boulevard Six (6) Laning Project from Golden Gate Blvd. to Immokalee Rd. 5. To address a neighborhood association generated request that the Collier County Board of County Commissioners (BCC approve the establishment of a Neighborhood Traffic Management program (NTMP) traffic calming project, for Cardinal Street from North Rd to Flamingo Drive approximately 1,400 feet. 7 of 14 6. To recognize the remaining dollars awarded to AM356 Section 5303 Transit Planning in the amount of $95,754 and closeout project 35083 in Fund 126 and move residual budget to Fund 128 project 35084 in the amount of $34,347. C. PUBLIC UTILITIES 1. Recommendation that the Board approve a budget amendment in the amount of $255,000.00 to fund the continuing litigation and professional support services related to the case known as Collier County and Collier County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and Surety Company of America., Project 700751. 2. Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2008 tax year. 3. Recommendation to approve an amendment of Contract No. 05-3831 FEMA Acceptable Monitoring Disaster Debris Management with R.W. Beck Inc, Post, Buckley, Schuh, Jernigan Inc. and Solid Resources, Inc to delete language under Section 19. Offer Extended to Other Governmental Entities, to comply with FEMA 325 Debris Management Guide (July 2007). 4. Recommendation to award Contract #08-5080 to BQ Concrete, LLC and Design Build Engineers & Contractors for the construction of hammerheads on dead-end streets in Collier County. ($215,358.66) 5. Recommendation to reject the petition from Waste Management Inc. of Florida for reimbursement of unusual and unanticipated increase in cost for soil used for odor control measures at the Collier County Landfill. D. PUBLIC SERVICES 1. Recommendation to approve a grant application for the United States Department of Housing and Human Development with Economic Development Initiative (EDI) funds in the amount of $147,000 for improvements to South Park in Immokalee. 2. Recommendation to approve a budget amendment in the amount of $20,913 to recognize revenue received from the collection of co-payments from the Collier County Social Services Program. 3. Recommend approval of Category A Tourist Development Fund 183 Grant Applications for Beach Park Facilities in the amount of $803,100. 4. Recommend approval of Category A Tourist Development Fund 195 Grant Applications for the City of Naples, The City of Marco Island and Collier County in the amount of $3,623,160 for FY- 08/09. 5. Recommend approval of Category D Tourist Development Grant Application for the Naples Pier Annualized Repair and Maintenance with the City of Naples in the amount of $18,000.00 for FY- 08/09. 6. Recommendation to approve budget amendments in the amount of $115,586 to ensure continuous funding of the Alzheimers Disease Initiative grant. 7. Recommendation to approve budget amendments in the amount of $706,644 to ensure continuous funding of the Community Care for the Elderly grant. 8. Recommendation to approve a budget amendment in the amount of $7,813 to ensure continuous funding of the Home Care for the Elderly grant. 8 of 14 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Armandina Campos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Liberty Landing, Immokalee. 10. Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Loudney Cenozier and Marie C. Cenozier (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 34, Trail Ridge, East Naples. 12. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Laurette Archange (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 199, Trail Ridge, East Naples. 13. Recommend approval of Work Order CPE-FT-3902-08-02 under Contract 06-3902 with Coastal Planning and Engineering in the amount of $295,185 and a Budget Amendment totaling $295,185 from 195 Reserves. (Cape Romano sand search) 14. Recommendation to approve budget amendments recognizing the Fiscal Year 2008-09 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Peter Hartman Jr. (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1504, North Naples. 16. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $60,000.00 to St. Matthews House, Inc. for hurricane hardening of its shelter. 17. Recommendation to approve the submission of the 2008 State of Florida Challenge Grant application to the Department of Community Affairs Office On Homelessness. 18. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $500,000.00 to Greater Immokalee Souths ide Front Porch Community, Inc. 19. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Odelin Betancourt (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vistas III at Heritage Bay, Unit 1405, North Naples. 20. Recommendation to award Contract(s) #08-5068: Physical and Biological Monitoring for Collier County Coastal Zone Management Projects for Coastal Zone Management to Coastal Planning and Engineering, Inc.; Coastal Engineering Consultants, Inc.; and Humiston & Moore Engineers. 21. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Amended and Restated Affordable Housing Bonus Density Agreement (AHDBA) to increase the number of affordable units from thirty-two dwelling units to forty-four dwelling units for the Workforce product types for owner-occupied affordable housing located in the Cirrus Pointe PUD development. 9 of 14 22. This item has been continued to the July 22, 2008 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $300,000 to I HOPE for infill in order to support the construction of housing units. 23. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $57,000 to the Shelter for Abused Women and Children for the purchase and installations of hurricane proof windows, exterior doors and roofing materials for four homes. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve Amendment No. 03 to the Agreement with Collier County District School Board for the Driver Education Grant Program. 2. Recommendation to approve an amendment to the Collier County Driver Education Grant Program. 3. Recommendation to approve an Agreement for Sale and Purchase with Stiffler Specialties, Inc., for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 4. Recommend approval of award of Contract #07-4160 to EMC Corporation for Information Technology Service Management software and related professional services. ($164,593.00) 5. Recommendation to approve Addenda A to the contract with Coastal Training Technologies, Corporation in the amount of $21,500 for additional courses to Collier Countys existing online safety training program. 6. Recommendation to approve a Statutory Deed for the conveyance of a GAC Land Trust Reserved List Parcel to the Conservation Collier Program that will provide revenue in the amount of $116,914.00 for the GAC Land Trust Fund. 7. That the Board of County Commissioners approves the First Amendment to Contract No. 08- 5012, Cellular Communications Services and Equipment, and authorizes the PurchasinglGeneral Services Director to sign the Amendment. 8. Recommendation to approve a Final Management Plan for the Logan Woods Preserve under the Conservation Collier Land Acquisition Program. 9. Recommendation to approve a Lease Agreement with Larus Properties, LLC, in order for the Sherriffs Office to consolidate two existing leases at a first years rent of $42,837.36. 10. Recommendation to approve a budget amendment transferring funds from the FY08 Information Technology budget to the Emergency Services Complex construction budget to equip office space for the Information Technology Department. F. COUNTY MANAGER 1. Approve budget amendments. 2. Recommendation to approve a grant application for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program in the amount of $350,738. 3. Recommendation to adopt the Comprehensive Emergency Management Plan for Collier County and its Municipalities. 4. Recommendation to approve the negotiated annual contract with The Ferguson Group for federal lobbying services. 10 of 14 5. Recommendation that the Board of County Commissioners approve and forward a letter and resolution to the Department of Agriculture and Consumer Services in support of repairs to the Immokalee Farmers Market. 6. Approval of a resolution to supersede Resolution 06-200, which directed the County Manager to establish a Floodplain Management Planning Committee, to add two additional positions for practicing civil engineers. 7. Recommendation that the Board of County Commissioners approve the award of contract for the Immokalee CRA Master Plan Update & Related Services in the amount of $386,175 and approve all necessary budget amendments. (Companion to Item 16G10). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency to approve the relocation of the Bayshore Gateway Triangle CRA office, approve new office lease with Palmyra Club Investors, LLC (landlord) and authorize the Chairman to sign the lease agreement. (4069 Bayshore Drive) (FY08 Fiscal Impact $3,696) 2. Recommendation that the Collier County Board of County Commissioners approve a budget amendment increase in the amount of $46,000 for general consulting services up to September 30, 2008 required to support on-going projects at the Immokalee Regional, Marco Island Executive and Everglades Airports. 3. Recommendation that the Collier County Board of County Commissioners approve a budget amendment increase to the Airport Authoritys Capital Fund in the amount of $192,000 for the construction of an aircraft apron expansion at the Immokalee Regional Airport. 4. Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $15,000 for engineering services required for the completion of a United States Department of Agriculture Rural Business Enterprise Grant application for the Immokalee Regional Airport. 5. Recommendation that the Collier County Board of County Commissions approve and authorize its Chairman to execute a letter of commitment for funds in the amount of $1,000,000 to leverage a Rural Business Enterprise Grant (RBEG) from the United States Department of Agriculture (USDA) in the amount of $495,000 and a Resolution authorizing the Collier County Airport Authority to apply for the $495,000 United States Department of Agriculture (USDA) Rural Business Enterprise Grant (RBEG) and authorizing the Authoritys Executive Director to sign all related documents to consummate the RBEG for an eligible RBEG project at the Immokalee Regional. 6. Recommendation that the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) direct staff to draft a resolution to designate the property located at 4315 Bayshore Drive and the three adjacent parcels owned by the CRA as a Brownfields Area, and to direct staff to ensure public hearings are conducted in accordance with Florida Statutes in order to achieve Brownfields Area designation. (4315 Bayshore Drive and three adjacent parcels.) 7. Recommendation that the Board of County Commissioners approves an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) grant offer for $201,875 for the design, permitting and bidding of a taxiway and aircraft apron south expansion at the Marco Island Executive Airport, and associated budget amendments. 8. Recommendation that the Collier County Board of County Commissioners approve the acquisition of 2.73 acres of land, known as Tract Q, adjacent to the Marco Island Executive Airport for $250,000, plus associated real estate transactions fees not to exceed $10,000, and associated budget amendments 11 of 14 9. Recommendation for the Community Redevelopment Agency (CRA) to approve the purchase of a commercial property located in the Bayshore Gateway Triangle Redevelopment Area; authorize the CRA Chairman to execute the real estate contract; approve payment from and authorize the Executive Director to make a payment from Fund (187) in the amount of $750,000 plus cost and expenses to complete the sale of subject property. Site address: 4315 Bayshore Drive ($750,000) 10. Recommendation that the Community Redevelopment Agency (CRA) approve the award of contract for the Immokalee CRA Master Plan Update & Related Services in the amount of $386,175 and recommend the Board of County Commissioners (BCC) approve all necessary budget amendments. (Companion Item 16F7) H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Southwest Florida Transportation Initiative Legislative Luncheon (SWFTI) on June 6, 2008. $35 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Participated as fellow speaker at the Urban Land Institute of Southwest Florida Fellow Tour on 6/11/08. $15 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the EDC Post Legislative Reception on May 21, 2008. $20 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Southeast Regional Director's Institute Conference on 5/19/08. $25 to be paid from Commissioner Coletta's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Marco Business After Five on June 18, 2008 at Marriott Vacation Club, Crystal Shores on Marco Island, FL. $5.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Coletta requests Board approval for reimbursement serving a valid publiC purpose. Will participate as a guest speaker at the Kiwanis of Naples on September 16, 2008. $14 to be paid from Commissioner Coletta's travel budget. 7. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Participated in the National Day of Prayer Proclamation Reading and Luncheon on May 1, 2008. $10 to be paid from Commissioner Coletta's travel budget. 8. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the EDC VIP Benefactor Foundations and Premier Member Breakfast at Naples Grande on May 1, 2008. $28 to be paid from Commissioner Coletta's travel budget. 9. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Ave Maria University Commencement Ceremony and Luncheon 5/10/08. $20 to be paid from Commissioner Coletta's travel budget. 10. Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Seminole Casino Immokalee Vegas Style Slots Pull Luncheon on 6/12/08. $20 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Items to file for record with action as directed. 12 of 14 J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of May 31, 2008 through June 06, 2008 and for submission into the official records of the Board. 2. Recommend that the Board of County Commissioners designate the Sheriff as the official Fiscal Year 2008 Applicant and Program Point-of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the grant when awarded, approve applicable budget amendments, and approve the Collier County Sheriff's Office (CCSO) to receive and expend the payment of 2008 JAG Grant Funds. 3. To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2008-2009 and to obtain approval for the Chairman to sign the application. 4. Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2007 through March 31, 2008. 5. To obtain Board approval for disbursements for the period of June 07, 2008 through June 13, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to authorize an Offer of Judgment for Parcel 124 by Collier County to property owners, Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et al., Case No. 07-4784-CA (Santa Barbara Extension Project No. 60091)(Fiscallmpact: If accepted, $168,803). 2. Request by the Collier County Educational Facilities Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Ave Maria University. ($17,000,000) 3. Recommendation to approve settlement at mediation prior to trial in the lawsuit entitled Leticia Rocha as the Personal Representative of the Estate of Diana Lopez, Deceased, et. ai, vs. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07- 359-CA, for $110,000.00. 4. Recommendation to approve a Stipulated Final Judgment in the amount of $57,850.00 for Parcel 128FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $13,950) 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. A resolution approving with conditions petition CCSL-2008-02/AR-12877 requesting a variance from the Coastal Construction Setback Line (CCSL) to allow widening of the existing boardwalk and add a roof structure over the boardwalk, all of which are located on the property known as Ritz Carlton Hotel with a street address of 282 Vanderbilt Beach Road and more particularly described as Parcel 2.1, located in Section 32, Township 48 South, Range 25 East, Collier County Florida. 13 of 14 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2008-AR-12854, by Christian Spilker of Hamilton Harbor Marina, Inc, requesting a street name change from Fern Street to Hamilton Avenue, located within Section 23, Township 50 South, Range 25 East. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-2006-AR-9143 Standing Oaks, L.L.C., represented by Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a rezone from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to be known as Standing Oaks PUD. The 41.1 acre Rural Agricultural zoned site is proposed to permit 164 single and multifamily residential dwelling units at a density of 4 units per acre. The subject site is located at 6473 Standing Oaks Lane, 6400 Standing Oaks Lane, and 656514th Avenue N.W., in Section 31, Township 48 South, Range 26 East, Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: SV-2008-AR-12943 Woolbright Development, Inc., represented by Glen Weldon of Glen Weldon & Associates, LLC, of Anderson, South Carolina, requesting six variances. The first three variances are from the Land Development Code (LDC) Section 5.06.04 C.1. which requires a minimum separation of 1,000 lineal feet between signs to allow a sign separation of 70 feet, 705 feet and 775 feet. The fourth variance is from LDC Section 5.06.04 C.1. which permits a maximum of two pole signs per street frontage to permit a maximum of three signs along a street frontage. The fifth variance is from LDC Section 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 76 square foot off-premise sign. The sixth variance is from LDC Section 5.06.04 C.16.b.ii. which allows a maximum sign height of 8 feet for an off-premise directional sign to allow a maximum sign height of 9-foot 4-inches. The subject property (Collection at Vanderbilt) is located at the northwest corner of the intersection of Airport Road (CR 31) and Vanderbilt Beach Road (CR 862), in Section 35, Township 48 South, Range 25 East, Collier County, Florida. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE-2008-AR-13066: Dieudonne Brutus, of the Tabernacle of Bethlehem, represented by David Sneed, Kuhlman Engineering, Inc., is requesting a one-year extension of a Conditional Use approval for a church granted in Resolution No. 05-134 in the Village Residential (VR) Zoning District, pursuant to Subsection 10.08.E.3 of the Land Development Code. The 0.69 acre subject property is located at 305 3rd Street South (Immokalee), in Section 4, Township 47 South, Range 29 East, Collier County, Florida. F. Recommendation that the Board of County Commissioners adopt an amendment to the Collier County Consolidated Impact Fee Ordinance to remove an obsolete reference to the Capital Improvement Element in the Use of Funds provisions in order to maintain the internal consistency of the ordinance, as recommended by the County Attorney and consistent with the prior direction of the Board of County Commissioners. G. Recommendation to adopt an amendment to Ordinance No. 97-33 Collier County Cross Connection Control Ordinance. H. Recommendation to adopt an Ordinance amending Ordinance No. 2006-60, which created the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit, to increase the boundaries of the unit to add 5 parcels and canal section adjacent. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. 14 of 14