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Recap 09/09-10/2008 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) \..o~"'\ 1/'1' '" . . "~ ,. , ('," ..... )1 " \ AGENDA September 9-10, 2008 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 September 9-10, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with Changes - 5/0 B. July 22, 2008 - BCC/Regular Meeting Approved as Presented - 5/0 C. August 4, 2008 - BCCN AB Meeting Approved as Presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards B. 20 Year Attendees Page 2 September 9-10, 2008 1) John Conti, TECM Presented 2) Samuel Poole II., EMS Presented 3) Kevin Potter, EMS Presented 4. PROCLAMATIONS A. Proclamation designating September 26,2008 as Veterans Recognition Day. To be accepted by John Skiles, President of The Vietnam Veterans of America, Chapter 706, Naples, Florida. Adopted - 5/0 B. Proclamation designating that the week of September l5 - 20, 2008, as Industry Appreciation Week. To be accepted by Tammie Nemecek, President & CEO of the EDC. Adopted - 5/0 C. Proclamation to recognize September 9,2008 as Leukemia, Lymphoma & Myeloma Awareness Month. To be accepted by Melissa Peacock, Patient Services Manager of the Leukemia & Lymphoma Society. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Thomas Keegan, Investigator, Code Enforcement Department, as Employee of the Month for July 2008. Presented 6. PUBLIC PETITIONS A. Public petition request by Milton 1. Thomas to discuss proposed draft noise control ordinance. Discussed B. Public petition request by Phil Woodhouse to discuss refund for overpayment of impact fees. Page 3 September 9-10, 2008 Motion for staff to review assessment with possible refund - Approved 4/1 (Commissioner Halas opposed) C. Public petition request by Gayla Brittain to discuss a notice of code violation referencing chickens. Motion to aUow petitioner 60 days to abate code violation - Approved 4/1 (Commissioner Henning opposed) D. Public petition request by Janet den Hartog to discuss the Traveling Dignity Memorial Vietnam Veteran Wall. Request for the Board to waive CAT fees, provide variable signage and the EMT Mobile Unit - Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted 7. BOARD OF ZONING APPEALS September 10, 2008 A. This item to be heard at 9:00 a.m. on Wednesdav. September 10.2008. This item reauires that aU participants be sworn in and ex parte disclosure be provided bv Commission members. ADA-2008-AR-l32l2 Craig and Amber Grider, represented by Margaret Cooper of Jones, Foster, Johnston and Stubbs, P.A. is requesting an Appeal of Official Interpretation, INTP-2008-AR-l2880, initiated by the Collier County Board of County Commissioners for the Olde Cypress PUD. Appellants' property is located in the Olde Cypress PUD, Tract 5, Lot 28, Olde Cypress Unit 3, in Section 2l, Township 48S, Range 26E, Collier County, Florida. Motion to accept aU documents submitted and placed as part of Official Record - Approved 5/0; Motion to uphold Official Interpretation - Approved 4/1 (Commissioner Coletta opposed) 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. foUowinl!: Item #12B. Recommendation that the Board of County Commissioners approve an ordinance repealing Ordinance Number 99-38, as amended ("Maximum fees for non-consent towing and storage of vehicles"), to establish new requirements for non-consent law enforcement towing of vehicles, to address requirements for private property tows, to provide for updated Page 4 September 9-10, 2008 maximum fees for non-consent law enforcement towing, private property towing, and the storage of towed vehicles, and to facilitate the future adjustment of fees as necessary, by approving a Resolution establishing maximum fees as required by the proposed ordinance. (Michelle Arnold, Scott Teach, Diane Flagg) Ordinance 2008-47 Adopted w/changes - 5/0 Resolution 2008-272 Adopted w/changes - 5/0 B. Recommend approval by the Board of County Commissioners of Ordinance for the creation of Clam Bay Advisory Committee. (Gary McAlpin) Ordinance 2008-48 Adopted w/changes - 5/0 C. This item continued from the Julv 22. 2008 BCC Meetinl!:. Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal Control Ordinance, to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define penalties, leash law, and the affidavit of complaint process. (Amanda Townsend) Ordinance 2008-51 Adopted w/change - 5/0 D. At the petitioner's reQuest. this item is continued from the Julv 22. 2008 BCC Meetinl!: and is further continued to the September 9. 2008 BCC Meetinl!:. This item must be heard BEFORE item PUDZ-2006-AR-I0875 and reQuires that aU participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2007-AR-ll734 KRG 95l and 4l, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting an amendment to the Artesa Pointe PUD to remove a +/- 0.88 acre parcel ofland and add it to the proposed Tamiami Crossing CPUD abutting its northern boundary. The subject property is located approximately 1/4 of a mile south of the intersection of Collier Boulevard and US 4l, in Section 3, Township 5l South, Range 26 East of Collier County, Florida. (Companion item to PUDZ-2006-AR-l0875) Ordinance 2008-49 Adopted - 5/0 E. At the petitioner's reQuest. this item is continued from the Julv 22. 2008 BCC Meetinl!: and is further continued to the September 9. 2008 BCC Page 5 September 9-10, 2008 Meetinl!:. This item must be heard AFTER PUDA-2007-AR-11734 and reQuires that aU participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-l0875, Q Grady Minor, representing KRG 95l and 4l, LLC, has submitted a PUD rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit Development (CPUD) zoning district. This is to allow development of commercial land uses with a maximum of 235,000 square feet. The property consists of +/- 25.45 acres and is located in Section 3, Township 5l South, Range 26 East, Collier County, Florida. (Companion item to PUDA-2007- AR-ll734) Ordinance 2008-50 Adopted - 4/1 (Commissioner Coyle opposed) Added F. Recommendation that the Board of County Commissioners approves an amendment to Collier County's False Alarm Ordinance No. 97-8, as amended, and proposed by the Collier County Sheriffs Office, to change whether a deputy "shall" write a violation to "may", to change "attendance" in a program to "participation", to clarify fines and violations and to change Special "Master" to "Magistrate". Ordinance 2008-52 Adopted as amended - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Planning Commission. Resolution 2008-261: Re-appointing Donna Reed, Bradley Schiffer and Mark Strain (w/waiver of term limits) - Adopted 5/0 B. Appointment of member to the Environmental Advisory Council. Resolution 2008-262: Appointing Noah Standridge - Adopted 5/0 C. Recommendation to declare a vacancy on the Immokalee Master Plan and Visioning Committee. Resolution 2008-263 Adopted - 5/0 D. Appointment of members to the Emergency Medical Services Advisory Council. Resolution 2008-264: Appointing Michael Y. Wu and re-appointing Victoria DiNardo and Confirming Appointments of Kathleen Marr, Page 6 September 9-10, 2008 Deputy Chief Chris Byrne, Gail Dolan, Chief James McEvoy and Commander Bill Rule - Adopted 5/0 E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2008-265: Appointing Thomas D. Oakley and Victoria Nicklos - Adopted 5/0 F. Appointment of members to the Board of Building Adjustments and Appeals. Resolution 2008- 266: Appointing William Sylvester and John Melton - Adopted 5/0 G. Recommendation to declare vacancy on the Development Services Advisory Committee. Resolution 2008-267 Adopted - 5/0 H. Appointment of members to the Public Vehicle Advisory Committee. Resolution 2008-268: Appointing Tony Marino, RusseU Berghuis, Steven Quinn and Ronald Doino - Adopted 5/0 I. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. Resolution 2008-269: Appointing Jon C. Staiger - Adopted 5/0 J. Appointment of members to the Pelican Bay Services Division Board. Resolution 2008- 270: Appointing Gerald A. Moffatt and Geoffrey Scott Gibson - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners approve the acquisition ofIndependent Certified Public Accountant services, in an amount not to exceed $25,000, to determine if the Clerk is following the Board's direction (Resolution 2007-257) regarding Board interest income. (John Yonkosky) Approved - 4/1 (Commissioner Henning opposed) B. To report to the Collier County Board of County Commissioners concerning the potential scale of a proposed Rental Registration refund of late fees in Page 7 September 9-10, 2008 excess of eighty dollars ($80) for the period of Fiscal Years 2005 through 2007, and a recommendation for a potential refund methodology. (Joe Schmitt, Gary Mullee) Approved - 5/0 C. Requesting Board decision on local preference for Bid No. 08-5l 06 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)", Project No. 6009l. (Steve Carnell, Jay Ahmad) Motion to accept Astaldi Construction as a local business - Approved 5/0 D. Recommendation to approve plan for immediate and long term purchases of systems furniture for various County facilities. (Steve Carnell) Approved - 5/0 E. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to how to proceed regarding the potential adverse impacts of the escalating foreclosures within the unincorporated area of the county. (Joe Schmitt) Motion to accept proposed rehabilitation plan by CDES Administrator - Approved 5/0 F. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner d/b/a District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2009 at a cost of$l,085,000. (Dan Summers) Approved - 5/0 G. Recommendation to adopt a resolution authorizing removal of ll,54l ambulance service accounts and their respective account receivable balances which total $7,986,828.72, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount was recognized and recorded as Bad Debt Expense during Fiscal Years 2004 and 2005, it cannot be removed without Board adoption of an authorizing resolution. (John Yonkosky, Jeff Page) Resolution 2008-271 Adopted - 5/0 H. Recommendation to award Bid #08-506l "Golden Gate Parkway (Livingston Road to 66th Street) and (60th Street to Santa Barbara Blvd.) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. Page 8 September 9-10, 2008 in the amount of$4l,651.39. (Fund lll, Cost Center l6383l) (Steve Carnell) Approved - 3/2 (Commissioner Coyle and Commissioner Halas opposed) Moved from Item #16Al; to be heard no sooner than 3:00 p.m. I. Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal to the USFWS via the Florida Fish and Wildlife Conservation Commission to support the development of an HCP for the Immokalee Urban Area, excluding the RLSA and authorize the Chairman to sign any additional application forms or documents that may be required by the Florida Fish and Wildlife Conservation Commission or the US Fish and Wildlife Service. Motion to put on hold until next year's grant cycle - Approved 4/1 (Commissioner Halas opposed) Moved from Item #16A5 J. Recommendation to execute a Quit Claim Deed as satisfaction for subdivision improvements for various projects developed by Lely Estates and Lely Development Corporation. Remained on Consent Agenda as Item #16A5 Moved from Item #16F2 (K) K. Request approval by the Board of County Commissioners to exceed the $750,000 threshold of the annual Contract No. 06-3902 by $99,8l8. (Project No. 195-905363. Approved - 5/0 Moved from Item #16A16 L. Recommendation to review and approve the recommendation of the Public Vehicle Advisory Committee (PV AC) to adopt a fuel surcharge relating to taxi rates. Resolution 2008-273 Adopted w/stipulations - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby l!:iven that pursuant to Section 286.011(8). Fla. Stat.. the County Attorney desires Page 9 September 9-10, 2008 advice from the Board of County Commissioners in Closed Attornev- Client Session on TUESDAY. SEPTEMBER. 2008. at a time certain of 12:00 noon in the Commission Conference Room. 3rd Floor. W. Harmon Turner Buildinl!:. Collier County Government Center. 3301 East Tamiami Trail. Naples. Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klaztkow 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 case of Bonita Media Enterprises, LLC v. Collier County, Case No. 2:07-CV-4ll-FTM-29DNF, now pending in the US Middle District Court of Florida, Fort Myers Division, and Bonita Media Enterprises, LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of County Commissioners, Collier County, Florida, Appeal Case No.: 07-2035-CA, Lower Tribunal Case CEB No. 2007-35, now pending in the Administrative Appeal Division of the Circuit Court. Closed Session B. This item to be heard at 1 :00 p.m. F or the Board of County Commissioners to consider approving a Settlement Agreement in Bonita Media Enterprises, LLC., v. Collier County Code Enforcement Board, Collier County Board of County Commissioners, Case No: 2:07-cv-4ll- FTM-29DNF, now pending in the United States District Court, Middle District of Florida, Fort Myers Division and Bonita Media Enterprises, LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of County Commissioners, Collier County, Florida, Appeal Case No. 07-2035-CA, Lower Tribunal CEB No. 2007-35, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, in the Administrative Appeal Division of the Circuit Court and authorize the Chairman to execute the Settlement Agreement and authorize the appropriate budget amendment. Motion to Approve Settlement Agreement for a period of 2 years - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 10 September 9-10, 2008 A. County Manager - Letter from City Manager of Marco Island requesting a joint meeting with BCC B. Commissioner Coletta - Discussion regarding variance for a permanent EMS/Fire Station at Port of the Isles to place on next agenda; Concerns regarding Planning Commission and other Advisory Boards concerns regarding reimbursement for time and travel cost C. Commissioner Halas - Review ordinance relating to the amount of time a Boat/RV/Camper can be parked in yard. Suggested homeowner can apply for a short variance without being in violation - Consensus D. Commissioner Henning - Expressed enthusiasm for the selection of Governor Sarah Palin as VP candidate 16. CONSENT AGENDA - AU 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 - 5/0 (Item #16A5 to remain on Consent) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Moved to Item #101 1) Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal to the USFWS via the Florida Fish and Wildlife Conservation Commission to support the development of an HCP for the Immokalee Urban Area, excluding the RLSA and authorize the Chairman to sign any additional application forms or documents that may be required by the Florida Fish and Wildlife Conservation Commission or the US Fish and Wildlife Service. 2) Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received. Cost for recording is $10.00 per release, totaling $150.00 3) Recommendation that the Board of County Commissioners of Collier County, Florida approve an agreement between Collier County and the Economic Development Council of Collier County for continuation of the Economic Diversification Program by providing a Page 11 September 9-10, 2008 contribution to the EDC of up to $400;000 for Fiscal Year 2009, and authorizing the Chairman of the Board of County Commissioners to sign the agreement on behalf of Collier County. Promoting economic development initiatives to provide economic stability and diversity throughout Collier County 4) Recommendation to approve final acceptance of the water and sewer utility facilities for TIB Bank. W /release of any Utilities Performance Security (UPS) Moved to Item #10J - Remained on Consent Agenda 5) Recommendation to execute a Quit Claim Deed as satisfaction for subdivision improvements for various projects developed by Lely Estates and Lely Development Corporation. 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 2A, Unit One. The roadway and drainage improvements will be privately maintained by the Fiddler's Creek Community Development District. Resolution 2008-241 and w/release of the maintenance security 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mustang Island II (Lely Resort PUD) and the roadway and drainage improvements will be privately maintained. Resolution 2008-242 and w/release of the maintenance security 8) To accept final and unconditional conveyance of the water utility facility for Avellino Isles. W /release of any Utilities Performance Security (UPS) 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 2A, Unit Three. The roadway and drainage improvements will be privately maintained. Resolution 2008-243 and w/release of the maintenance security 10) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Quarry Phase lA Page 12 September 9-10, 2008 (Heritage Bay PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-244 and w/release of the maintenance security 11) Recommendation to approve final acceptance of the water and sewer utility facilities for DaVinci Estates. W/release of any Utilities Performance Security (UPS) 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 3, Unit Two. The roadway and drainage improvements will be privately maintained by the Fiddler's Creek Community Development District. Resolution 2008-245 and w/release of the maintenance security 13) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock - Unit 3 with the roadway and drainage improvements being privately maintained. Resolution 2008-246 and w/release of the maintenance security 14) Recommendation to approve final acceptance of the water and sewer utility facilities for Bellagio at Fiddler's Creek. W /release of any Utilities Performance Security (UPS) 15) Recommendation to approve final acceptance of the water and sewer utility facilities for Majorca at Fiddler's Creek. W /release of any Utilities Performance Security (UPS) Moved to Item #10L 16) Recommendation to review and approve the recommendation of the Public Vehicle Advisory Committee (PV AC) to adopt a fuel surcharge relating to taxi rates. 17) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-ll. Resolution 2008-247 Page 13 September 9-10, 2008 18) Recommendation to accept a proposed settlement agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Joseph Hamilton, CEB No. 2004-76, relating to property located at 206l 0 Tamiami Trail E., Collier County, Florida. For a settlement amount of $5,683.40 B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement for the purchase of a perpetual road right-of-way, drainage, and utility easement which is required for the Vanderbilt Beach Road Extension Project. Project No. 60l68, Phase II (Fiscal Impact: Purchase price of $64,680 plus recording and title insurance fees not to exceed $500). For a 1.54 acre of property located at 107116th St. NE, Tract 125 2) Recommendation that the Board of County Commissioners approves a Resolution authorizing its Chairman to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in which Collier County will be reimbursed up to $448, 1 00 for landscaping and irrigation improvements on State Road 95l, between the Jolly Bridge and McIlvane Bay. (FM#4l4534-l) Resolution 2008-248 3) Recommendation to approve the sole source purchase of eight (8) additional Wavetronix SS l25 HF count stations, as well as upgrading nine (9) existing Wavetronix SSl05 count stations to Wavetronix SSl25 HF count stations from Wavetronix in the amount of $l54,864.00. To measure real time and historic traffic demand on the County's arterial and coUector roadways 4) Recommendation that the Board of County Commissioners approves a Landscape Maintenance Agreement between Collier County, Florida, and The Mercato LLP, for landscaping within rights-of-way on US 4l North and Vanderbilt Beach Road. The Mercato, LLP will be responsible for aU expenses associated with the improvements and ongoing maintenance Page 14 September 9-10, 2008 5) Recommendation to adopt a resolution requesting that the Florida Department of Transportation Quitclaim to Collier County all that portion of State Road S-953 (Bald Eagle Drive), former State Road 95l, Collier County, Florida, lying between former State Road 92 (San Marco Drive) on the south, and Marco Pass on the north, per State of Florida Road Department Right of Way Map Section No. (0303) 035l-250 for Road No. S-95l, and to approve an Interlocal Agreement between Collier County and the City of Marco Island transferring jurisdiction of said public road to the City of Marco Island. Estimated fiscal impact: Approximately $35.50. Resolution 2008-249 6) Recommendation to recognize and accept revenue for Collier Area Transit bus shelters in the amount of $5,000 and to approve needed budget amendments. From Hoover Planning & Development Corporation 7) Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Intermodal Development Program Application for FY20 l2/20 13 and 20 l3J20 l4. 8) Recommendation for the Board of County Commissioners to approve budget amendments to reallocate and correct funding issues with Pathways Project. 9) Recommendation that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Board of Trustees of the Internal Trust Fund of the State of Florida (hereafter, the State), for the existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive within the existing right-of-way. 10) Recommendation that the Board of County Commissioners approves a Resolution authorizing a First Amendment to the Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT), relating to the Interstate 75/Golden Gate Parkway Interchange. Resolution 2008-250 Page 15 September 9-10, 2008 C. PUBLIC UTILITIES 1) Recommendation to authorize submission of Amendment One (l) to the State Revolving Fund Loan Agreement (DWllll040) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP 20 MGD RO Wellfield Expansion, Project No. 708921. 2) Recommendation to authorize submission of the Drinking Water State Revolving Fund Low-interest Construction Loan Agreement DWllll OlO to the Florida Department of Environmental Protection for the construction of Wells #34 and #37 and Pipeline Replacement Project No. 70l582. 3) Recommendation to award Bid 08-5099 to Aerex Industries, Inc. for the purchase of Reverse Osmosis Hardware Components in the amount of$l62,065.00 for use at the North County Regional Water Treatment Plant, Project Numbers 70094 and 70095. 4) Recommendation to authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DWllll 030) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP l2 MGD RO Plant Expansion, Project No. 700971. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Berjean Augustin and Marie Claire Augustin (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 6, Block 9, Naples Manor Addition, East Naples. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Hyppolite Joseph and Mertha Joseph (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 32, Trail Ridge, East Naples. 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roseline Page 16 September 9-10, 2008 Nicolas (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l30, Trail Ridge, East Naples. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Remy Chery and Ginette Gabriel (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l37, Trail Ridge, East Naples. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Luis G. Payero Madera (Owner) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l67, Trail Ridge, East Naples. 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Fernando Cruz Leon and Marina Aguilar Sanchez (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 22, Block 6, Naples Manor Unit l, East Naples. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Agustin D. Chavez Cruz and Maria G. Ramirez De Chavez (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7, Block 9, Naples Manor Addition, East Naples. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose M. Pantoja and Yusleidys Pena (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 134, Trail Ridge, East Naples. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Norberto Chavarria Lezama and Beatris Adriana Ibarra (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable Page 17 September 9-10, 2008 housing unit located at Lot 46, Liberty Landing, Immokalee. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pascual Mateo Simon and Juana Vasquez Lopez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 44, Liberty Landing, Immokalee. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ruben Mandujano and Camila Martinez De Mandujano (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 43, Liberty Landing, Immokalee. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cuauhtemoc Garcia Laurel and Jennifer Elizondo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 45, Liberty Landing, Immokalee. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lucce S. Exinor and Kettly Jean Charles (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l3l, Trail Ridge, East Naples. 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lurdes A. Barajaz (Owner) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 42, Trail Ridge, East Naples. 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Irette Augustin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l04, Liberty Landing, Immokalee. Page 18 September 9-10, 2008 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nielida Jaimes (Owner) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 1 0 l, Liberty Landing, Immokalee. 17) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marc Raymond Calvaire and Orgette Odette Calvaire (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 28, Liberty Landing, Immokalee. 18) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rigoberto Martinez and Maria Cristina Martinez (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 98, Liberty Landing, Immokalee. 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Edgar M. Galvan and Jaqueline Ramirez Mendoza (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot ll5, Liberty Landing, Immokalee. 20) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Leunique Exantus (Owner) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l66, Trail Ridge, East Naples. 21) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amable Mas Ponce De Leon and Elaine R. Alvarez Tauler (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l32, Trail Ridge, East Naples. 22) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Djenie Regis (Owner) for deferral of 100% of Collier County impact fees for Page 19 September 9-10, 2008 an owner-occupied affordable housing unit located at Lot l03, Liberty Landing, Immokalee. 23) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Aleon D'Haiti and Amalise Aurice (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l56, Trail Ridge, East Naples. 24) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pedro Rivera and Liset Cisnero (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 6, Block lO, Naples Manor Addition, East Naples. 25) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Lazaro Diaz and Marile Pajon (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot l33, Trail Ridge, East Naples. 26) Recommendation to approve a budget amendment in the amount of $7,260.00 to recognize additional revenue from the collection of co- payments from the Collier County Social Services Program. 27) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $75,336 to the City of Marco Island, for the construction of sidewalks on Marco Island. 28) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Initiative Grant Agreement #08DB-D3-09-2l-0 l-A03 between the Florida Department of Community Affairs (DCA) and Collier County. 29) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a grant agreement amendment from the U.S. Department of Housing and Urban Development Page 20 September 9-10, 2008 (HUD) to extend the contract period for a 2006 Supportive Housing Agreement (FLl4B50-6002, ID #FLl4066) for St. Matthew's House. 30) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DR!) funding in the amount of $300,000.00 to Immokalee Helping Our People in Emergencies, Inc. (I HOPE), to fund the construction of two owner- occupied, single-family homes to replace homes severely damaged by Hurricane Wilma. 31) Recommendation that the Board of County Commissioners approves and authorizes its chairman to sign a Florida Recreation Development Assistance Program (FRDAP) Grant Agreement No. A09048 in the amount of $l35,6ll for improvements to the Immokalee Sports Complex and to approve all necessary Budget Amendments. 32) Recommendation for the Board of County Commissioners to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants. 33) Recommendation that the Board of County Commissioners approve a request to apply for a Florida Recreation Development Assistance Program Grant in the amount of $200,000 for improvements to Vineyards Community Park. 34) Recommendation for the Board of County Commissioners to amend previous years' Action Plans; authorize the reprogramming of Department of the Housing and Urban Development (HUD) funds; and authorize the Chairman to sign the notification to HUD of the use of reprogrammed federal funds for the purchase, rehabilitation and resale of foreclosed homes to income qualified individuals/families as affordable housing. 35) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Collier County Hunger and Homeless Coalition (CCHHC) for $l 02, l54 in Continuum of Care funding to support their Homeless computer system known as Homeless Management Information Page 21 September 9-10, 2008 36) 37) Withdrawn 38) 39) 40) 41) System (HMIS). Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with David Cruz and Claudia V. Corrales (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Vistas III at Heritage Bay, Unit l306, North Naples. Recommendation that the Board of County Commissioners enter into an Agreement with Heart of Adoptions Alliance, Inc. to authorize the distribution offunds received from the sale of Choose Life license plates and authorize the Chairman to execute said Agreement. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign an Agreement between Collier County and VI Ltd., Limited Partnership, regarding professional services that VI Ltd. will provide to Collier County for Collier County beach amenities on Bluebill Avenue. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #07DB-3V-09-2l-0l-Z0l between the Florida Department of Community Affairs (DCA) and Collier County. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADm) and Emergency Shelter Grant (ESG) funds for FY 2008- 2009. This item continued from the July 22. 2008 BCC Meetinl!:. Recommendation to adopt a Resolution establishing the Collier County Domestic Animal Services Fee Policy as of October l, 2008 and superseding resolutions 95-l 07, 95-l06, 93-404, and all other resolutions establishing animal services-related fees. Page 22 September 9-10, 2008 Resolution 2008-251 42) Recommendation to award Bid #08-5058 in the amount of$66,350 to Marine Contracting Group, to replace the deck and pilings at Cocohatchee River Park Marina. 43) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Napoleon and Clairgimene Napoleon (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 37, Trail Ridge, East Naples. 44) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pedro Ulloa and Mercedes Ulloa (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 40, Trail Ridge, East Naples. 45) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Robert Luna Jr. and Ana Laura Galvan-Frias (Owners) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot ll6, Liberty Landing, Immokalee. 46) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Velma Vasquez (Owner) for deferral of lOO% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot lOO, Liberty Landing, Immokalee. 47) Recommendation to approve a Sovereignty Submerged Lands Lease Renewal and Modification Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at an increased first year's rent of$l,l68.l1. 48) 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 Page 23 September 9-10, 2008 FY08. E. ADMINISTRATIVE SERVICES 1) Recommendation for the Board of County Commissioners to approve Amendment #1 to Contract No. 07-4l51, "Annual Contract for Sale of Baled Corrugated and White Goods" with Mike Anderson Hauling Inc., to increase the tonnage price that the County receives for the hauling of white goods from $67.00 per ton to $200.00 per ton and to add a price adjustment clause. 2) Recommendation to approve a First Amendment to Lease Agreement with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc., for the continued use of office space by EMS Administration at a first year's renewal rent of$l42,605.70. 3) Recommendation to authorize a budget amendment to increase the FY08 Fleet Management Fund (52l) and recognize revenues from scrap metal sales in the amount of$45,000. 4) Report and ratify Property, Casualty, Worker's Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-l5 for the third quarter of FY 08. 5) Recommendation to approve a Budget Amendment to recognize and appropriate Building Maintenance Special Service revenues totaling $20 1 ,267 for reimbursement of personnel and operating expenses in Fiscal Year 2008. 6) Recommendation to reject Bid #08-5002 "Pressure Cleaning". 7) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign the Collier County Government Equal Employment Opportunity Plan. 8) Recommendation to authorize the Chairman to sign Modification No. 3 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 40l8l5J02l to fund habitat restoration at the Railhead Scrub Page 24 September 9-10, 2008 Preserve in the amount of $l5,000. 9) Recommendation to adopt a resolution approving the 2009 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment effective on October 1,2008 (the first day in Fiscal Year 2009) and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2009 Fiscal Year Pay and Classification Plan, using the existing "Archer" point-factor job evaluation system, subject to quarterly ratification by the Board of County Commissioners. Resolution 2008-252 10) Recommendation to approve change order #3 to work order #PBS- FT-397l-07-l6 with Professional Building Systems (PBS) for the Primary Data Center project in the amount of $28,762. 11) Approve August Changes to Contracts and Changes to Work Orders Report. 12) Recommendation to approve a budget amendment to increase FY08 appropriations for motor fuel and associated revenues in Fleet Management Fund (521) in the amount of$150,000. 13) Recommendation that the Board of County Commissioners authorize the participation of two former Pelican Bay Services Division employees in the Voluntary Separation Incentive Program, authorize the Chairman to sign the enabling Resolution, and authorize the County Manager to implement the program. Resolution 2008-253 F. COUNTY MANAGER 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meetinl!: dated AUl!:ust 12. 2008) a) Approve a budget amendment for $l24,000 to increase budgeted revenues and expenses for the sale and purchase of Page 25 September 9-10, 2008 aviation fuel at Immokalee Regional Airport. b) Request the Board of County Commissioners approve the final payment in the amount of$l2,l63.75 to Sunshine Pharmacy for prescription medication to medically needy clients in the Social Services Program. c) Recommendation for the Board of County Commissioners of Collier County, Florida, to authorize the Supervisor of Elections to accept federal election activities funds subject to a l5% matching contribution from the County. d) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007-08 Adopted Budget. (Resolution 2008-229; Approved by County Manager on 8/12/08 - ratified by BCC on 9/9/08) e) Recommendation that the BCC approve a resolution to establish a "No Parking" zone along the right-of-way on both sides of Spanish Oaks Lane between Oakes Boulevard and Tarpon Bay Boulevard. (Resolution 2008-230; Approved by County Manager on 8/12/08 - ratified by BCC on 9/9/08) f) Recommendation to award Bid No. 08-5l 05 to Howard Technology Solutions for the installation of powered computer mounting systems, including docking stations to provide Mobile Data Terminal capability in Emergency Medical Services' ambulances and command vehicles in the amount of $50,692.00. g) Recommendation to recognize fare-box revenues collected from Aprilll, 2008 through August 4,2008 for Collier Area Transit and to approve budget amendments. h) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an amended funding agreement with the South Florida Water Management District for an additional funding amount of $l 08,700 providing Page 26 September 9-10, 2008 assistance with construction of the Freedom Park (a!k/a Gordon River Water Quality Park). i) Recommendation to recognize and appropriate $865,l21.00 of the Federal Transit Administration (FTA) FY08 5307 grant funds for preventative maintenance and ADA Paratransi t/Planning. j) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. k) Proclamation designating the week of August 25th through August 3l st, 2008 as Collier County Firefighter Appreciation Week. To be accepted by Alison Morse of the MDA in BCC Office; presentation by Chairman Henning. 2) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meetinl!: dated AUl!:ust 26. 2008) a) Recommendation to award RFP No. 08-5022 "Annual Contract for Right-of-Way Acquisition and Real Estate Related Services" to HDR Engineering, Inc. Fiscal Impact: None. b) Recommendation to approve an Agreement for a temporary construction easement and other site modifications necessitated for closure of one driveway and the modification to another driveway at Mavrick House related to the expansion of Santa Barbara Boulevard from Davis Boulevard to north of Golden Gate Parkway. Project No. 6208l. Estimated fiscal impact: $27,957.00. c) Recommend approval of Change Order #l for Agreement with Dia Monde to increase international tourism marketing expenditures by $l6,000 for the balance of FY08 and authorize the Chairman to execute Change Order #1. d) Recommendation that the Collier County Board of County Commissioners (BCC) ratify the Collier County Airport Authority's approval of the attached Airport Authority Page 27 September 9-10, 2008 Resolution No. 08-34 on August ll, 2008 required by the United States Department of Agriculture (USDA) to apply for and receive a Rural Business Enterprise Grant (RBEG). e) Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $38, ll5 to fund engineering, surveying and ecological consulting services for the extension of Runway 9J27 at the Immokalee Regional Airport. f) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign a Sub-recipient Agreement with Shelter for Abused Women and Children, Inc., for $l13,OOO in Continuum of Care funding to support the shelter operations and supportive services. g) Approve a budget amendment transferring $66,000 of General Fund reserves to the Other General Administration cost center. h) Recommendation that the Board of County Commissioners accept and authorize its Chairman to sign an awarded Hazard Mitigation Grant Agreement No. 09HM-6G-09-2l-0l-0l9 (75/25) for $58,750 from the Florida Division of Emergency Management for the purpose of shoreline preservation at the Isles of Capri Fire Station and to approve the associated budget amendment. i) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, grant agreements accepting two Continuum of Care Homeless Assistance grant awards from the U.S. Department of Housing and Urban Development (HUD) totaling $2l7,645; and approve the associated budget amendments of $ll3,000 and $104,645 recognizing the funding associated with the two grant awards. Duplicate: see Item #16Fl (E) j) Recommendation to approve the proposed "No Parking" signs on Spanish Oakes Lane at Oakes Neighborhood Park. Moved to Item #10K Page 28 September 9-10, 2008 k) Request approval by the Board of County Commissioners to exceed the $750,000 threshold of the annual Contract No. 06- 3902 by $99,8l8. (Project No. 195-905363) 3) Recommendation to approve a Joint Project Agreement between the State of Florida Department of Transportation and Collier County to fund the purchase of OptiC om Receivers/Transmitters for use in County Emergency Medical Services vehicles in the amount of $75,000, together with a Resolution memorializing such approval. Resolution 2008-254 4) Recommendation to authorize the County Attorney's Office to amend Ordinance No. 98-ll4 in order to accurately reflect changes to the Goodland/Horr's Island Fire Control District. 5) Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $l,lOO,OOO.OO. 6) Recommendation that the Board approves Commercial Paper Loan prepayments in the amount of$4,l2l,000.00. 7) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007-08 Adopted Budget. Resolution 2008-255 8) Recommendation that the Board of County Commissioners Award Bid #08-5085 in the amount of $79,660 for Pelican Bay Streetscape Oakmont Parkway Irrigation to Stahlman-England Irrigation, Inc. 9) Recommendation to approve an Assistance to Firefighters Grant Agreement from the Federal Emergency Management Agency for the purchase of 30 Stair Chairs for Emergency Medical Services for a total project cost of$62,850.00 and to approve a Budget Amendment to recognize and appropriate the funds from FEMA. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 29 September 9-10, 2008 1) Recommendation to approve a Statutory Deed between the Collier County Solid Waste Department and the Collier County Airport Authority for l.O 1 acres for the Marco Island Executive Airport, at a cost not to exceed $25.00. 2) Creation and adoption of an Employee Personnel Policy for Collier County Community Redevelopment Agency (CRA) employees working under the supervision of the CRA Executive Directors. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending a Retirement celebration for Sheriff Don Hunter on Saturday, October 4, 2008, at the Naples Hilton. $45.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on July l7, 2008 at Carrabba's in Naples, FL. $l6.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Grand Opening of the City Furniture and Ashley Furniture HomeStore Showrooms on July l8, 2008. $34.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Approve the cash payment option for a special assessment relating to County owned property in the West Winterberry Assessment Area. 2) Recommend that the Board of County Commissioners Authorize the Extension of the Tax Roll Before Completion of the Value Page 30 September 9-10, 2008 Adjustment Board Hearings Pursuant to Section 197.323, F.S., and the Tax Collector's Request. 3) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2009 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriffs Office Staff as Grant Financial and Program Managers, ratify the approval of the Certificate of Participation for 20th Year Funding and the 2009 JAG Grant Application as "After-the-Fact", and authorize acceptance of awards and associated budget amendments. 4) To obtain Board approval for disbursements for the period of July l2, 2008 through July l8, 2008 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of July 19, 2008 through July 25,2008 and for submission into the official records of the Board. 6) To obtain Board approval for disbursements for the period of July 26, 2008 through August 0 l, 2008 and for submission into the official records of the Board. 7) To obtain Board approval for disbursements for the period of August 2, 2008 through August 8, 2008 and for submission into the official records of the Board. 8) To obtain Board approval for disbursements for the period of August 9,2008 through August l5, 2008 and for submission into the official records of the Board. 9) To obtain Board approval for disbursements for the period of August l6, 2008 through August 22, 2008 and for submission into the official records of the Board. 10) To obtain Board approval for disbursements for the period of August 23, 2008 through August 29, 2008 and for submission into the official Page 31 September 9-10, 2008 records ofthe Board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approves an exception to the current hiring freeze policy for general fund positions and authorizes the County Attorney to advertise for and replace a newly-vacated essential Assistant County Attorney (Litigation) position. 2) Recommendation to adopt a Resolution approving the County Attorney's Office Fiscal Year 2009 Pay and Classification Plan, which is identical to the current approved plan, and to provide for a general wage adjustment (Cost-of-Living), effective on October l, 2008, the first day of the Fiscal Year 2009. Resolution 2008-256 3) Recommendation that the Board of County Commissioners approve a Retention Agreement for legal services on an "as needed" basis with the law firm of Nabors, Giblin & Nickerson, P.A., to meet County Purchasing Policy contract update requirements. 4) Recommendation to approve a Stipulated Final Judgment in the total amount of $l ,900.00 for Parcel No. 149 in the lawsuit styled Collier County v. Virginia Fetch Titus, et at., Case No. 95-2863-CA. (Radio Road Phase II Stormwater Outfall Swale Project No. 65033) (Fiscal Impact $l ,000.00) 5) Recommendation to approve an Offer of Judgment and Stipulated Final Judgment in the total amount of $ 32,420.50 for Parcel l50 in the lawsuit styled Collier County v. TECH. Foundation, Inc., Case No. 03-2499-CA. (Golden Gate Parkway Road Project #60027) (Fiscal Impact $8,820.50) 6) Recommendation to approve the Stipulated Final Judgment in the total amount of$85,520.00 for Parcell98RDUE in the lawsuit styled Collier County v. Jose Munoz, et aI., Case No. 07-2823-CA. (Oil Well Road Project No. 60044) (Fiscal Impact $29,220.00) Page 32 September 9-10, 2008 7) Recommendation to approve the payment of costs of $5,000 to be included in a Stipulated Final Judgment for Parcel2l4FEE in the lawsuit styled Collier County v. Jose Munoz, et aI., Case No. 07-2823- CA. (Oil Well Road Project No. 60044) (Fiscal Impact $5,000.00) 8) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for Agreed Order Taxing Attorney's Fees and Costs relating to the dismissal of Parcels 1 02FEE and l02SE in the condemnation action styled Collier County v. Meridian Broadcasting, Inc., et aI., Case No. 08-1253-CA, Tree Farm Road Project #60l71. (Fiscal Impact: $6,l31.50) 9) Recommendation to approve a Stipulated Final Judgment in the total amount of $44,000.00 for Parcel 1 88RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre. et aI., Case No. 07-2746- CA. (Oil Well Road Project #60044) (Fiscal Impact $l7,200.00) 10) Recommendation that the Board of County Commissioners authorize the release oflien in relation to the Code Enforcement Action entitled Collier County vs. Jaime Gutierrez, Special Master Case No. 2005- 010437, relating to property located at l369 Hilltop Drive, Collier County, Florida. 11) Recommendation to approve an Assumption Agreement substituting the law firm of Hahn Loeser & Parks, LLP for the law firm of Garvin & Tripp, P.A., in the Retention Agreement dated October 27,2004, as amended and to authorize the Chairman to sign Consent to Substitution of Counsel in the cases where Theodore L. Tripp, Jr., is counsel of record. 12) Recommendation for the Board of County Commissioners to Authorize the Filing of a Declaratory Relief Action with the Circuit Court of the Twentieth Judicial Circuit relating to the matters involved in the Bert Harris Act Claim served on the County by the owners of the Hussey Property. 13) Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, against Jessie C. Cervantez, Jr. and Hizarith Torres in County Court Small Claims in and for Collier County, Florida, to Recover Damages Page 33 September 9-10, 2008 in the Amount of$3,407.l6. 14) Recommendation to approve a Stipulated Final Judgment in the amount of $67,500.00 for Parcel No. 190RDUE in the lawsuit styled Collier County v. Pablo Sardinas, et at., Case No. 07-2824-CA. (Oil Well Road Project No. 60044) (Fiscal Impact $l9,000.00) 15) Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against John Swasey in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of$2,908.60. 16) Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against Alina M. Diaz in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of $3,522.45. 17) Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against the Entity Known as Naples Sunrise, Inc. in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of$l,102.03. 18) Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against Paul Vescio in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of$8,625.60. 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 Page 34 September 9-10, 2008 OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $l7,787, 1 00. Resolution 2008-257 (District 1) and Resolution 2008-258 (District 2) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the November 13.2007 BCC Meetinl!:. PUDA-2007-AR-ll283 Wing South, Inc., represented by Heidi Williams, AlCP ofQ. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from II units to a maximum of l6 units by deleting all of lO.3 acres from Commercial (Tract D) and adding it to Private Air Park District (Tract C). l.98 acres from the Private Air Park District (Tract C) shall be added to Single-family Residential (Tract B). The additional 5 units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2008-43 C. This item reQuires that aU participants be sworn in and ex parte disclosure be provided by Commission members. Petition: RZ-2008-AR- 13209, Michael Corderrepresented by Michael Fernandez of Planning Development Inc., is requesting a rezone from the Estates (E) Zoning District to the Commercial Intermediate (C-3) Zoning District. The subject property is located in Section 04, Township 49 South, Range 27 East, Collier County, Florida. Page 35 September 9-10, 2008 Ordinance 2008-44 D. This item reQuires that aU participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2008-AR- l286l, Kevin Ratterree ofG.L. Homes of Naples II Corporation, represented by Robert Duane, AICP of Hole Montes, Inc., requesting a PUD Amendment to the Terafina PUD to make a minor change to Section 6.5, Development Standards, of the PUD Ordinance to change the side yard setbacks. The subject property is located in the Terafina PUD, Section l6, Township 48, Range 26, Collier County, Florida. Ordinance 2008-45 E. This item reQuires that aU participants be sworn in and ex parte disclosure be provided by Commission members. AR-2008-CU-l2996, Bob Annibale of Avis Budget Group requests a Conditional Use to permit truck rentals within the C-4 Zoning District. The +0.98-acre subject property is located at 1965 Tamiami Trail, in Section ll, Township 50, Range 25, Collier County, Florida. Resolution 2008-259 F. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Chapter 49 of the Collier County Code of Laws and Ordinances in order to extend the sunset date ofthe Fee Payment Assistance Program, the Property Tax Stimulus Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October l, 2008 to October I, 20 l3 in accordance with the request by the Economic Development Council of Collier County and prior direction of the Board of County Commissioners. Ordinance 2008-46 G. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2007-08 Adopted Budget. Resolution 2008-260 18. ADJOURN Motion to Adjourn - 4/0 (Commissioner Coyle absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 36 September 9-10, 2008