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Recap 09/23/2008 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA September 23, 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 23, 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 A. Pastor Kirt Anderson, Naples 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.) Approved and/or Adopted with Changes - 5/0 B. August 18, 2008 - BCC/Emergency Meeting Tropical Storm Fay Approved as Presented - 5/0 C. August 26, 2008 - BCC/Emergency Meeting Tropical Storm Fay Approved as Presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating October 8, 2008 as International Walk to School Day. To be accepted by: David Buchheit, Chairman, Community Traffic Page 2 September 23, 2008 -----'----' - "-~-'--'----"--- -""_._--".- Safety Team and Project Planner for Transportation Planning Dept., Russ Muller, Site Plan Reviewer Collier County Engineering Services Department &CTST Member, Nancy Frye, Community Traffic Safety Team Secretary/Coordinator &Collier County Traffic Operations Dept. Engineering Technician, Sybil John, Health Educator for Nutrition and Fitness Collier County Dept. of Health, Jeff Stauring, Collier County Schools Transportation Director, Charles Benson, Collier County Schools Safety Manager, Joe Bonness, Collier Metropolitan Planning Organization's Pathways Advisory Committee Chairman &Community Traffic Safety Team Member. Adopted - 5/0 B. Proclamation recognizing Senator Burt L. Saunders dedicated and accomplished public service career. To be accepted by Senator Burt L. Saunders. (Commissioner Jim Coletta) Adopted - 5/0 C. Proclamation designating September 23, 2008 as Team Unity Dance Team Day. To be accepted by Judy Lora, Dancer, Choreographer and Dance Instructor. Adopted - 5/0 D. Proclamation designating October, 2008 as Domestic Violence Awareness Month. To be accepted by Linda Oberhaus, Executive Assistant, Shelter For Abused Women Adopted - 5/0 E. Proclamation designating October 10,2008 as Put The Brakes On Fatalities Day. To be accepted by: Norman Feder, Transportation Services Division Administrator, David Buchheit, Community Traffic Safety Team Chairman (Also Transportation Planning Department Project Manager), Charles Benson, Collier County Schools Safety Manager (Also Community Traffic Safety Team member), Sgt. Chris Gonzalez, Collier County Sheriffs Office Sgt. Dave Contessa, Florida Highway Patrol, Lt. Greg Gaffney, Naples Police & Emergency Services Department Adopted - 5/0 Added Page 3 September 23, 2008 -,--"-.- ."..--- .--'.-... F. Proclamation recognizin~ the Order of the Knights of Columbus in Recognition of their 125t Anniversary and October 11, 2008 Parade. To be accepted by Tony Bove. Adopted - 5/0 Added G. Proclamation that September 23, 2008 be designated as Connie Mack Day. To be accepted by Kara Wright, District Director for Connie Mack. Adopted - 5/0 5. PRESENTA TIONS A. Kraft Construction Company, Inc. will present the progress of the construction of the Gordon River Water Quality Park/Freedom Park. The 50 acre park will improve water quality through a series of created wetlands, construct boardwalks and pavilions for visitors to observe native habitat and wildlife and construct a 2,500 sq. ft. education building to promote environmental education. Presented B. Waste Management, Inc. of Florida will give a contractor presentation on contract 07-4138 Reclamation of Collier County Landfill Cells 1 and 2. Presented C. Recommendation to recognize Susan Usher, Senior Budget Analyst, Office of Management and Budget, as Employee of the Month for August 2008. Presented 6. PUBLIC PETITIONS Continued to October 14, 2008 BCC Meeting A. Public petition request by Clay C. Brooker to discuss delayed improvements at Pine Ridge Road/Whippoorwill Lane intersection and associated fines. B. Public petition request by Trent Seguin to discuss the new median installed on Whippoorwill. Motion to bring back as agenda item and have staff work with business' to come up with alternative solutions - Approved 5/0 Page 4 September 23, 2008 .----.. C. Public petition request by W. Scott Culp to discuss deferral of impact fees for Brittany Bay Apartments. Motion to bring back as agenda item with options - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 V.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2007-AR-12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of Q. Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C-3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square-footage of personal services, video rental, or retail uses (excluding drug stores, 5912) from 5,000 square-feet of gross floor area to 12,000 square-feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79+ acres of land, is located in the northeastern quadrant of the CR95 1 and US41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Resolution 2008-291 Adopted w/stipulations - 5/0 Moved from Item #17B B. Mining Venture, LLC, represented by R. Bruce Anderson of Roetzel & Andress, requesting a Conditional Use Re-review (CUR) of the property commonly referred to as Jones Mine. The Conditional Use (CU-2004-AR- 6904) was approved on September 25,2007 and in accordance with condition No.3, the Conditional Use approval shall be reviewed by staffand brought back to the BZA on the first anniversary of approval. The subject property, consisting of 2,576 acres, is located at 16000 Immokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 &36, Township 47 South, Range 27 East; and all of Sections I &2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier County, Florida. Resolution 2008-290 Adopted with stipulations and changes - 5/0 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS Page 5 September 23, 2008 v_,__, --- --..._--- A. Appointment of member to the Collier County Planning Commission. Resolution 2008-289: Appointing Karen Joyce Homiak - Adopted 5/0 To be heard at tt :30 a.m. B. Discussion regarding Medical Director and EMS. (Commissioner Coyle) Motion for the Collier County Medical Director's contract be revised so that he reports directly to the BCC - Approved 5/0 C. Executive Manager to BCC Annual Evaluation Motion by Chairman to direct County Attorney's Office to prepare a resolution terminating the Executive Manager's Contract - Fails 2/3(Commissioner Coyle, Commissioner Fiala, and Commissioner Coletta opposed); Motion for human resources to provide the BCC copies of the files of all terminated and past employees going back to November, 2000 for review and for this item to be brought back at a future BCC Meeting - Approved 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. The annual performance appraisal for the County Manager. (Jim Mudd, County Manager) Approved - 5/0 B. Review and approve the FY 2009 annual work plan for the County Manager. (Jim Mudd, County Manager) Discussed; Approved w/changes - 5/0 C. A report to the Board regarding the integration of behavior based wellness incentives into the Collier County Group Health Plan. (Jeff Walker, Risk Management Director) Presentation given; Discussed D. To gain approval from the Board of County Commissioners of a budget amendment in the amount of $2,002,600 to Fund 517, Group Health and Life Insurance, to recognize the receipt of reinsurance proceeds and to pay anticipated claims expenses for the remainder of FY 2008. (Jeff Walker, Risk Management Director) Approved - 5/0 Page 6 September 23, 2008 ----_... ..~._-"-'-- "'- E. To gain approval from the Board of Commissioners to purchase Liability, Automobile, Workers' Compensation, Flood, Aircraft, and other insurance and related services for FY 2009 in the amount of$I,867,006, a reduction of $391,644. (Jeff Walker, Risk Management Director) Approved - 5/0 F. Recommendation to adopt a superseding resolution authorizing the acquisition by condemnation, if necessary, of fee simple and easement interests in certain tracts of land in Golden Gate Estates necessary for the construction of boat ramps and stormwater retention and treatment ponds required for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard. (Project No. 60040) Estimated fiscal impact: $2,941,632.00. (Norman Feder, Transportation Services Administrator) Resolution 2008-292 Adopted - 4/1 (Commissioner Halas opposed) G. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street, and Woodcrest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00. (Norman Feder, Transportation Services Administrator) Resolution 2008-293 Adopted - 5/0 H. Recommendation to approve an Agreement for Sale and Purchase with Matthew Van Cleave for 38.72 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,971,600. (Alex Sulecki, Senior Environmental Specialist) Approved - 4/0 (Commissioner Coyle out) I. Recommendation to award a construction contract in the amount of $16,512,979.12 to Astaldi Construction Corporation and reserve $2,435,000.00 on the purchase order for funding allowances, for Bid No. 08- 5106 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard", Project No. 60091, Fiscal Impact $18,947,979.12. (Norman Feder, Transportation Services Administrator) Approved - 4/0 (Commissioner Coyle out) Page 7 September 23, 2008 '-----.' --'-'---" ""__K._ J. To provide an opportunity for Immokalee Disposal to explain why it believes the County should increase the rates paid to Immokalee Disposal for solid waste collection services; (b) to authorize staff to request additional information from Immokalee Disposal and take all necessary steps to determine whether Immokalee Disposal's petition should be granted (in whole or in part) or denied; and, (c) ensure that any potential rate increase will be reviewed and approved by the Board before the rate increase takes effect. (Jim Delony, Public Utilities Administrator) Approved - 5/0 K. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $1, I 04,000 Housing and Urban Development (HUD) grant to Habitat for Humanity of Collier County, Inc. for land purchase and/or foreclosed home acquisition and rehabilitation. (Marcy Krumbine, Housing and Human Services Director) Approved - 4/0 (Commissioner Halas out) L. Report to the Board regarding the application of the local vendor preference policy for purchases between $3,000-$50,000. (Steve Carnell, Purchasing Director) Approved - 5/0 M. To obtain approval by the Board of Collier County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multi-family and commercial waste collection fees for FY09. This resolution adopts the rates that fund the FY09 budget for solid waste collection and disposal. (Jim DeLony, Public Utilities Administrator) Resolution 2008-294 Adopted - 5/0 N. Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI/Kensington, Ltd., for the Saddlebrook/Pelican Pointe Phase I Apartments, to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary. (Amy Patterson, Impact Fee Manager) Approved - 5/0 Moved from Item #16BI0 Page 8 September 23, 2008 ~____.w ---"..__._-- ._'.--,-, --.._--'. O. Recommendation to award Contract(s) #08-5060, "Fixed Term Landscape Architectural Services" to the following firms: McGee & Associates Landscape Architecture; Urban Green Studio; Goetz + Stropes Landscape Architects, Inc.; JRL Design; and Windham Studio, Inc. (Estimated annual amount $350,000). Approved - 5/0 Moved from Item #16A6 P. 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 2-11. Resolution 2008-295 Adopted - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Gina Downs - Discussing Alligator Alley and EDC involvement B. Janet Basey - Discussing EDC's Agenda and funding 12. COUNTY ATTORNEY'S REPORT Moved from Item #16Kl A. That the Board of County Commissioners make a finding that: (1) pursuant to Section 1O.02.l3.F.5 of the Land Development Code (LDC), that the timing of the developer commitment of providing a point of egress and intersection improvements prior to the issuance of the first certificate of occupancy as required by the Coconilla Planned Unit Development Ordinance No. 05-15 is no longer necessary; and (2) that the appropriate County staff issue certificates of occupancy for the first tower building and dwelling units therein prior to the completion of the referenced access improvements. Motion to have money put in escrow in the amount of $250,000 to be placed in trust account and to adjust as work is completed (released in increments), and project to be completed by l/3l/09 - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 9 September 23, 2008 -,~---". "----.. ._-_. A. Request for direction to prepare and submit, independent from the current or next scheduled land development code (LDC) cycle, LDC amendments applicable to all properties located within State Road 29 Commercial Overlay Subdistrict, the Jefferson A venue Commercial Overlay Subdistrict, the Agribusiness Overlay Subdistrict, the Farm Market Overlay Subdistrict, the Main Street Overlay Subdistrict and potentially other areas within the Urban Designated Area as depicted on the lmmokalee Area Master Plan, to establish a process allowing for deviations from various provisions of the following LDC Sections and Subsections: 4.05.00, off-street parking and loading, 4.06.00 landscaping, buffering, and vegetation removal; 5.03.00 accessory uses and structures, Subsection 5.03.02, fences and wall, Section 5.05.00 supplemental standards for specific uses, Subsection 5.05.05 automobile service stations, and Subsection 5.05.08, architectural and site design standards, Section 5.06.00 signs. (Penny Phillippi, Immokalee CRA Director) Develop applicable LDC amendments and bring back to BCC - Approved 4/1 (Commissioner Halas opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd - Regarding audit of the Clerk; Chairman to write letter to Clerk to let him know that the audit will begin on Monday at 11 am - Consensus B. Mudd - $10 million and how MPO is to disburse the funds C. Mudd - City of Ft. Myers Beach Mayor would like to partner with Collier County Building Department until they've established their own building department; staff to investigate and get back to BCC D. Mudd - SHIP funds; County Manager to prepare memo w/specifics E. KIatzkow - Closed Session Litigation meeting on Tue., 10/14/08 at noon regarding Frances D. Hussey F. Coletta - Advisory Board reimbursements; staff to bring back a report to BCC in 30 days G. Coyle - $60,000 annually spent for the Clerk's representative to sit on the dais; Motion to modify budget to eliminate the Clerk's representative at BCC meetings and staff to bring back a budget amendment - Approved 5/0 H. Motion to adjourn - Approved 5/0 ------------------------------------------------------------------------------------------------------------ 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 Page 10 September 23, 2008 ._--~- ------ 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 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve a PUD amendment zoning fee reduction request for the Orangetree PUD petition, PUDZ-2003-AR-3608: Orangetree Associates, petitioner, represented by Davidson Engineering, Inc. Due to Transportation and DRI issues staff and the petitioner have agreed on a resubmittal fee to address LDC changes since 2003, as long as the petitioner continues to work at resolving the outstanding issues 2) This item requires that ex parte disclosure be provided by Commission members. Should ahearinl! be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of First Assembly / Fountain Lakes. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter Moved to Item #17F 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl! be held on this item, all participants are required to be sworn in. Recommendation to approve Petition A VESMT-2006-AR-10571, Big Cypress Flea Market, to disclaim, renounce and vacate the County's and the Public's interest in that portion of a roadway easement as described by the submitted Exhibit which was originally created in Official Record Book 244, Page 683 of the Public Records of Collier County, Florida, situated in Section 17 & 18, Township 51 South, Range 27 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A"; 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of White Lake Corporate Park, Phase Four with the roadway and drainage improvements being Page 11 September 23, 2008 -_. _.~'- --'-'- privately maintained. Resolution 2008-278 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Briarwood Unit Eleven. The roadway and drainage improvements will be privately maintained. Resolution 2008-279 Moved to Item #10P 6) 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 2-11. 7) To accept final and unconditional conveyance of the water utility facility for Mobil Service Station located at the intersection of Immokalee Road and Creekside Trail. W/release of any Utilities Performance Security (UPS) B. TRANSPORT A TION SERVICES 1) Recommendation to endorse the appointment of Floyd Chapin to the Collier Metropolitan Planning Organization's (MPO) Citizen Advisory Committee (CAC) as the District 3 representative. Referred by Commissioner Henning 2) Recommendation to approve an Amendment to Agreement related to the six-laning of Davis Boulevard. (Project No. 60073) Fiscal Impact: None. For the purchase of property deeded to the Cedar Hammock Community 3) Recommendation to authorize a budget amendment transferring appropriations of $ 177,000.00 from the MSTD General Fund (Fund III) Reserve for Contingencies to a Fund Center in the same Fund for Tropical Storm Fay related expenditures. For expenses related to replacing damaged landscape treatments Page 12 September 23, 2008 -"~.~ --"."- -.--.-.-- 4) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the 98.4 acre and 10.5 acre mitigation parcels for the Lely Area Stormwater Improvement Project (LASIP) located in Collier County, Florida. Needed before an environmental resource permit is granted and construction commences 5) Recommendation for the Board of County Commissioners to approve a First Amendment to the September 27, 2005, Agreement entered into between McDonald Transit Associates, Inc. and Collier County, which provides for consolidated management for the Collier Area Transit and Paratransit Systems, to allow an opportunity to mediate the rate of compensation for the final two years of the Agreement. To delay the commencement of the default compensation provisions to allow for mediation on October 7, 2008 6) Recommendation to approve Work Order #AAI-FT-3588-08-03 to Ardaman & Associates, Inc. for the quality assurance and materials testing services for Santa Barbara Boulevard Extension construction project from Rattlesnake Hammock Road to Davis Boulevard (Project #60091), using the Annual Contract for Materials Testing Services, Contract No. 04-3588, in the amount of $312,000. For nuclear density testing, concrete cylinder testing, asphalt batch plant inspection and laboratory testing of concrete/soils 7) Recommendation to reject Bid No. 08-5111 "Radio Road Beautification MSTD/MSTU Roadway Grounds Maintenance" and authorize Staff to reissue a modified solicitation. All bids submitted are non-responsive 8) Recommendation to approve and execute Medicaid Contract Amendment Number 7 between Collier County and the Florida Commission for the Transportation Disadvantaged for a funding increase in the amount of $125,760.00 for the provision of transportation for qualified Medicaid recipients. Resolution 2008-280 9) Recommendation to approve a budget amendment to correct the revenue budget for the Florida Department of Transportation Service Development Grant in the amount of$95,000. Page 13 September 23, 2008 _w._,._ ,--~"... - Incorrectly budgeted during the annual budget process in Fund 426, Project #6tOltt Moved to Item #100 10) Recommendation to award Contract(s) #08-5060, "Fixed Term Landscape Architectural Services" to the following firms: McGee & Associates Landscape Architecture; Urban Green Studio; Goetz + Stropes Landscape Architects, Inc.; JRL Design; and Windham Studio, Inc. (Estimated annual amount $350,000). tt) Recommendation to reject bid #08-5071, "U.S. 41 North Tamiami Trail Effluent Water Conversion." Due to the lack of availability of reuse water for six months of the year (December to May) C. PUBLIC UTILITIES 1) Recommendation to approve budget amendments of approximately $1,800,000 to transfer projects from various water and wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund to segregate the projects funded by the 2006 Revenue Bond. Due to projects not considered when the FY 2009 budget was prepared 2) Recommendation to award Bid #08-5096 to Perkin Elmer in the amount of $101,747.30 for the purchase and installation of a simultaneous, dual viewing Inductively Coupled Plasma Optical Emission Spectrometer. Used to analysis trace metals in water samples 3) Recommendation to approve the Collier County Water-Sewer District's participation in a photographic documentary of the Water Department and its facilities with independent professional photographers Dennis Guyitt and Terry Alcorn. At no cost to the county 4) Recommendation to approve the communication of concerns from the Collier County Water-Sewer District, by letter, under the signature of the Chair of the Board of County Commissioners, Ex -Officio, the Governing Board of the Collier County Water-Sewer District, to the Page 14 September 23, 2008 ...-- --.-.-.---. .......-- South Florida Water Management District relative to the proposed revisions to Florida Administrative Code Chapter 40E-24 ("Year- Round Irrigation Rule"). Concerns of the letter are: Impact of water quality in the distribution system and the necessity to irrigate at a greater frequency at certain times of the year to sustain certain landscaping 5) Recommendation to authorize a budget amendment transferring appropriations of$500,000.00 from the Collier County Water-Sewer District Operations Fund (Fund 408), Reserve for Contingencies to a Fund Center in the same Fund for Tropical Storm Fay related expenditures. To cover rental equipment (pumper trucks) and contract work (repair damage, storm preparation and recovery) D. PUBLIC SERVICES 1) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida to reflect a decrease of $504.27 in grant funding for nutrition services. Resolution 2008-281 2) Recommendation for the Board of County Commissioners to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2007-2008 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman to certify the CAPER for submission to HUD, and approve and authorize the Chairman to sign the attached Resolution. Resolution 2008-282 3) Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2008-2009 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Page 15 September 23, 2008 -~-,.- ,~_._~- .,.',----.- - Libraries. As detailed in the Executive Summary 4) Recommendation for the Board of County Commissioners to approve two contract renewals for two Master Agreements with the Area Agency on Aging for Southwest Florida, Inc., relating to grants awarded to the Services for Seniors programs, authorize the Chairman to sign the two renewals, and authorize the continued payment of grant expenditures. The renewals are retroactive to January 1, 2008 and continue through December 31, 2008 5) Report to the Board on policy for scheduling Library Meeting Room use by the Public. As detailed in the Executive Summary 6) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $426,750 Housing and Urban Development (HUD) grant to Housing Opportunities Made for Everyone (H.O.M.E.) for land purchase and/or foreclosed home acquisition and rehabilitation. To provide housing that will benefit low and moderate income residents 7) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a subrecipient agreement providing for a $157,250 Housing and Urban Development (HUD) grant to the Empowerment Alliance ofSW Florida (EASF) for land acquisition. For residents in Eastern Collier County 8) Recommendation to award bid #08-5051 in the following order to Cheney Brothers, Sysco, and US Foods for concession food resale and paper products at North Collier Regional Park at an estimated cost of $220,000. 9) Recommendation to approve Naples Wholesale Bait as a sole source supplier of live bait for resale at Caxambas Park and Cocohatchee River Park Marina with an estimated Fiscal Year 2009 expenditure of approximately $140,000 and approve a seven day payment schedule Page 16 September 23, 2008 ..-'"'..- '-~-"- ... .."..- The cost is $55.00 per 500 shrimp (approximately $1.32 per dozen) 10) Recommendation that the Board of County Commissioners adopt a Resolution re-establishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy superseding Resolution 2007-32. Resolution 2008-283 11) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Frikson Attilus and Smide L. Attilus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 39, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 12) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Collier County Housing Development Corporation (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 36, Block 11, Naples Manor Lakes, East Naples. Impact fee deferral in the amount of $22,609.94 13) 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. As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommend to confirm and consent to the re-assignment of the Municipal Lease and Option Contract with E-One, Inc. to Banc of America Public Capital Corp. Due to the sale ofE-One, Inc. on July31, 2008 2) Recommendation to approve an Interim Management Plan for the Starnes property under the Conservation Collier Land Acquisition Page 17 September 23, 2008 .,. ..--. _w_ Program. First year costs estimated to be $47,500, with a recurring annual cost of $37,000 3) Recommendation to Approve Agreement #08-5102, Independent Legal Counsel for the Collier County Value Adjustment Board with the firm of Bond, Schoeneck & King, P.A. Due to new legislation, local County Attorney offices are no longer allowed to act as council 4) Recommendation to approve an Agreement for Sale and Purchase with Timothy P. Maloney, as Successor Trustee of the Timothy J. Maloney Credit Shelter Trust created under the Last Will and Testament of Timothy J. Maloney, dated September 28, 2000for 10 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $741,000. For 10 acres located south ofImmokalee Road, known as Rivers Road Properties 5) Recommendation to Approve Agreements #08-5076 and 08-5077 for the Attorney and Appraiser Special Magistrates for the Collier County Value Adjustment Board For the 2008 V AB session 6) Recommendation to authorize the Chairman to sign U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401818J610 to fund habitat restoration at the Otter Mound Preserve in the amount of $8,400. Funds will be used to plant native plants 7) Recommendation to extend Contract #99-2961 "Energy Management/Building Controls" to Johnson Controls, Inc., as intended by the original request for proposal (RFP). Due to language inadvertently left out 8) Recommendation to approve a Final Management Plan for the Nancy Payton Preserve under the Conservation Collier Land Acquisition Program. Estimated first year costs are $43,405.00, to cover plant and wildlife surveys and vegetation mapping and exotic removal Page 18 September 23, 2008 ,~'---'..__.- .-.- Program. First year costs estimated to be $47,500, with a recurring annual cost of $37,000 3) Recommendation to Approve Agreement #08-5102, Independent Legal Counsel for the Collier County Value Adjustment Board with the firm of Bond, Schoeneck & King, P.A. Due to new legislation, local County Attorney offices are no longer allowed to act as council 4) Recommendation to approve an Agreement for Sale and Purchase with Timothy P. Maloney, as Successor Trustee of the Timothy 1. Maloney Credit Shelter Trust created under the Last Will and Testament of Timothy 1. Maloney, dated September 28, 2000for 10 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $741,000. For 10 acres located south of Immokalee Road, known as Rivers Road Properties 5) Recommendation to Approve Agreements #08-5076 and 08-5077 for the Attorney and Appraiser Special Magistrates for the Collier County Value Adjustment Board For the 20.- V AB session 6) Recommendation to authorize the Chairman to sign U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401818J61O to fund habitat restoration at the Otter Mound Preserve in the amount of $8,400. Funds will be used to plant native plants 7) Recommendation to extend Contract #99-2961 "Energy Management/Building Controls" to Johnson Controls, Inc., as intended by the original request for proposal (RFP). Due to language inadvertently left out 8) Recommendation to approve a Final Management Plan for the Nancy Payton Preserve under the Conservation Collier Land Acquisition Program. Estimated first year costs are $43,405.00, to cover plant and wildlife surveys and vegetation mapping and exotic removal Page 18 September 23, 2008 --.- -.--, _.-.~_._--- "-- 9) Recommendation to award Bid No. 08-5101, "Alarm Monitoring Services" to Dehart Alarms Systems for fire and burglar alarm services for an estimated annual amount of $25,000. Many fire alarm systems require monitoring by a licensed, UL listed monitoring company 10) Recommendation to approve an Agreement for Sale and Purchase with An Trinhfor for 80 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $775,500. Located within the McIlvane Marsh Area 11) Recommendation to approve an Agreement for Sale and Purchase with Salvatore Cangialosi and Patricia Cangialosifor 4.56 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $348,250. Located south of Immokalee Road, known as Rivers Road Properties 12) Recommendation that the Board of County Commissioners approves amendment A-I to Contract # 08-5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to Paints & Coatings, Inc., to add additional clauses to the contract for clarification of vendors' responsibilities and authorize the Chairman to sign said amendment. 13) Recommendation that the Board of County Commissioners approves amendment A-I to Contract # 08-5064 "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to Chaz Equipment Company, Inc., to add additional clauses to the contract for clarification of vendors' responsibilities and authorize the Chairman to sign said amendment. 14) Recommendation to approve an Agreement for Sale and Purchase with Louis H. Stirns and Mary H. Stirns for 9.70 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $714,300. Located south ofImmokalee Road, known as Rivers Road Properties Page 19 September 23, 2008 ~-_._- ---,-,-_.-"-- -....-.-- ----~.--- F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve grant agreement 2008CKWXOl70 in the amount of $350,738 from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program for public safety technology equipment and approve all necessary budget amendments. For computer systems, wireless transmitting devices, radio desk sets and internet/intranet switches for the EOC 2) Recommendation that the Board of County Commissioners approve Agreement 09CP-04-09-2l-0 1-000 between the Florida Department of Community Affairs and Collier County accepting $8,302 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within Collier County and approve the Budget Amendment necessary to recognize and appropriate $8,302 as revenue. For thirty-three (33) Extremely Hazardous Substances (EHS) sites 3) Recommend the Board of County Commissioners approve a payment to the Clerk of the Circuit Court for reimbursement of costs incurred by the Clerk for services rendered to the Collier County Value Adjustment Board for 2007 (total cost is $102,204.18). For Clerk staff time, Clerk incidental costs, transcription services and Special Magistrate Services 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007-08 Adopted Budget. Resolution 2008-284 5) Recommend that the Board of County Commissioners approves an amendment for the extension time of Tourism Agreement with Marco Island Historical Society for building a museum on Marco Island. For an extension of two months to make revisions to the plan 6) Review of Quarterly report on the tourism industry in Collier County. Encompasses results for January through July 2008 Page 20 September 23, 2008 -' -~-_._."._. ._---~.-- --....,-- 7) Recommendation for the Board of County Commissioners to approve agreement between Collier County and DiaMonde e.K. in FY 09 for International marketing representation services in the amount of $190,000 and authorize the Chairman to sign said Agreement. For travel trade training, sales missions, trade shows and public relations assistance 8) Recommendation to approve Amended Contract #1904 between the Board of Collier County Commissioners and Florida Department of Agriculture and Consumer Services, Division of Forestry, for fire protection offorest and wild lands within Collier County. ($28,126.98) To raise the per acre assessment from three cents to seven cents per acre 9) Recommendation for the Board of County Commissioners to approve six (6) Tourism Agreements for FY 09 Tourist Tax Category "C-2" Grant Requests totaling $567,500 and authorize the Chairman to sign said Agreements. For the Children's Museum, Conservancy of SW Florida, Holocaust Museum, Marco Island Historical Society, Naples Art Association (Liebig Art Center) and Freedom Memorial task Force 10) Recommendation for the Board of County Commissioners to approve three (3) Tourism Agreements for FY 09 Tourist Tax Category "B" Grants requests totaling $62,265 and authorize the Chairman to sign said Agreements. For the Naples Players, Unites Arts Council and the Naples Historical Society 11) Recommendation that the Board of County Commissioners waive formal competition as authorized in the Purchasing Policy, and follow the three (3) quote process in lieu of the Request for Proposal process, and accept the bid proposal (lowest bid) from Collier Seawall & Dock for $57,900 in order to construct the retention wall at the Isles of Capri Fire Station. 12) Recommendation to approve the annual five percent (5%) increase in Consultant Fees for the Medical Director of Emergency Medical Page 21 September 23, 2008 .~_.~.-. ~-' -.... ......-.--.". ...-.-..,- Services as described in the Emergency Medical Services Medical Consultant Contract for a total of$105,500 for FY 09 and to designate Dr. Doug Lee as the Medical Director's Appointee. To continue providing continuous 24-hour-per-day, 7-day-per- week medical direction G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to the Community Redevelopment Agency (CRA) to approve three CRA staff and one Advisory Board member attendance at the Florida Redevelopment Association 2008 Annual Conference; authorize payment of attendees' registration, lodging, travel and per diem from the Immokalee CRA Trust Fund (Fund 186) travel budget; and declare the training received as serving a valid public purpose. To be held in Tampa on October 22-24, 2008 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning request for Board approval for payment to attend function serving a valid public purpose. Commissioner Henning attending the Economic Development Council Industry Awards Ceremony on September 13,2008. $50.00 to be paid from Commissioner Henning's travel budget. Held at Sugden Community Theatre in Naples 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 9-11-01 Remembrance Luncheon on September 10, 2008 at Marco Island Marriott Beach Resort in Marco Island, FL. $30.00 to be paid from Commissioner Fiala's travel budget. Located at 400 S. Collier Blvd 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC Excellence in Industry Awards on September 13, 2008 at Sugden Community Theatre in Naples, FL. $50.00 to be paid from Commissioner Fiala's travel budget. Located at 701 5th Ave S Page 22 September 23, 2008 ----.- "~~_.- -.--.- 4) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the United Way of Collier County 2008 Campaign recognition Breakfast on Wednesday, October 1,2008, at the Hilton Naples. $20.00 to be paid from Commissioner Halas' travel budget. Located at 5111 Tamiami Trail North Added 5) Proclamation designating September 22, 2008 as Family Day ~ A Day To Eat Dinner With Your Children. (Proclamation will be mailed to recipient). Adopted I. MISCELLANEOUS CORRESPONDENCE 1) Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 6, 2008 through September 12, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of August 30, 2008 through September 05, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY Moved to Item #12A 1) That the Board of County Commissioners make a finding that: (1) pursuant to Section 1O.02.13.F.5 of the Land Development Code (LDC), that the timing of the developer commitment of providing a point of egress and intersection improvements prior to the issuance of the first certificate of occupancy as required by the Coconilla Planned Unit Development Ordinance No. 05-15 is no longer necessary; and (2) that the appropriate County staff issue certificates of occupancy for the first tower building and dwelling units therein prior to the Page 23 September 23, 2008 -<.-----<- .----".- -'-- completion of the referenced access improvements. 2) Recommendation to approve settlement after mediation prior to trial in the lawsuit entitled Gerald Pecar vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-1 738-CA, for $9,000.00. Due to an injury that occurred in May of 2004 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. Recommendation that the Board of County Commissioners as Ex-officio Governing Board of the Collier County Water-Sewer District, Adopt a Resolution Amending the Collier County Water-Sewer District's Utilities Standards Manual. Resolution 2008-285 Moved to Item #7B B. Mining Venture, LLC, represented by R. Bruce Anderson of Roetzel & Andress, requesting a Conditional Use Re-review (CUR) of the property commonly referred to as Jones Mine. The Conditional Use (CU-2004-AR- 6904) was approved on September 25, 2007 and in accordance with condition No.3, the Conditional Use approval shall be reviewed by staff and brought back to the BZA on the first anniversary of approval. The subject property, consisting of2,576 acres, is located at 16000 Immokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 &36, Township 47 South, Range 27 East; and all of Sections I &2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier County, Florida. Page 24 September 23, 2008 '--,-^ -_.-.-.-_.~_...." -'-'-'~""- --.,-.---- C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2007-08 Adopted Budget. Resolution 2008-286 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: RZ-2007-AR-12044: Immokalee LLC, represented by Shaun Mularkey, AICP, of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) Zoning District to the Residential Multi-family-I 6 (RMF-16) Zoning District to permit a multi-family development on 9.33 :l: acres with a maximum of 15 dwelling units per acre for property located at the southwest corner of the intersection ofImmokalee Road (CR-846) and School Road, in Section 9, Township 47 South, Range 29 East, in the unincorporated lmmokalee area of Collier County, Florida. Ordinance 2008-53 E. Adopt a Resolution amending Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2006-27, the Collier County Water- Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amendment corrects scrivener's error and includes a proposed rate for the late payment charge and the vehicle over meter charge; and provides for an effective date of October I, 2008 for Schedule Six of Appendix A of the Ordinance. Resolution 2008-287 Moved from Item #16A3 F. This item requires that ex parte disclosure be provided by Commission Members. Should a hearine: be held on this item, all participants are required to be sworn in. Recommendation to approve Petition A VESMT- 2006-AR-I 0571, Big Cypress Flea Market, to disclaim, renounce and vacate the County's and the Public's interest in that portion ofa roadway easement as described by the submitted Exhibit which was originally created in Official Record Book 244, Page 683 of the Public Records of Collier County, Florida, situated in Section 17 & 18, Township 51 South, Range 27 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit "A"; Resolution 2008-288 Page 25 September 23, 2008 -~'"--"... __m....."__._. ....., "_'_'__.,,__".~ -,---- 18. ADJOURN - Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 26 September 23, 2008 --,._....- --"""'--""'--"--""- ,..,.---..-.-"