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Recap 12/02-03/2008 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA December 2-3, 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 (Absent 12-3-08) 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." December 2-3, 2008 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING 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 J. R. Pagan, International Worship Center Absent - Invocation given by County Manager Jim Mudd 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 w/changes - 5/0 B. October 22, 2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Scott Watson Approved as presented - 5/0 C. October 24,2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Mark Pelletier Approved as presented - 5/0 D. October 28, 2008 - BCC/Regular Meeting Approved as presented - 5/0 December 2-3, 2008 Page 2 E. October 30, 2008 - BCC/LDC Meeting Approved as presented - 5/0 F. November 3, 2008 - BCC/AUIR Meeting Approved as presented - 5/0 G. November 5,2008 - Value Adjustment Board Special Meeting with Special Magistrate Mark Pelletier Approved as presented - 5/0 H. November 7, 2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Davia Mazur Approved as presented - 5/0 I. November 10,2008 - Value Adjustment Board Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Added - Direction given in Agenda Item #15A A. Floyd Crews - 10 years on the Immokalee Enterprise Zone Development Agency Continued to later in meeting 4. PROCLAMATIONS A. Proclamation endorsing and supporting the activities of the Economic Development Council's Project Innovation. To be accepted by Tammie Nemecek, Bill O'Neill, Chris Doyle, Dolph Von Arx and Representative Tom Grady. Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public petition request by David Schimmel to discuss donation of County Property at 425 1st Street North, Immokalee, FL. To be brought back to a future BCC Meeting in January, 2009 with options - Consensus December 2-3, 2008 Page 3 B. Public petition request by Jim Dishinger to discuss main gate access at Forest Glen. Motion for staff to bring back w/alternatives for consideration Approved - 5/0 C. Public petition request by Juan Barrera to discuss After The Fact Fee on Permit #2008060365. Motion to reduce fee to 1 Y, times the fee - Approved 4/1 (Commissioner Halas opposed) D. This item continued from the November 18, 2008 BCC Meetin2. Public petition request by Jamesdon Stevens to discuss bid process for Solicitation Number 08-5123. Discussed E. Public petition request by Aisling Swift to discuss vegetation buffer between New Hope Ministries, Briar Landings, Lake Pointe Condominiums and The Enclave. Gave direction for homeowners to meet with developer and discuss options regarding a wall versus a vegetation buffer and come to an agreement for both parties F. Public petition request by Antonia Soto to discuss migrant worker transport bus parking. Petitioner not present Item 7 and 8 to be heard no sooner than 1:00 p.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. SV-2008-AR-13374 Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven variances. The first six Variances are from the Land Development Code (LDC) Section 5.06.04 C.!., which requires a minimum separation of 1,000 lineal feet between signs, to allow a sign separation of 66 feet, 40 feet, 156 feet, 66 feet,7l feet, and 96 feet. The seventh Variance is from LDC Section 5.06.04 C.l., which permits a maximum of two pole signs per street frontage, to permit a maximum of four signs along a street frontage. The subject property is located at 475 Seagate Drive, in Section 9, Township 49 December 2-3, 2008 Page 4 South, Range 25 East, Collier County, Florida. CTS Resolution 2008-350: Approving signs A, B & C - Adopted 5/0 Continued indefinitely B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. SV-2008-AR-13395 Immokalee-Wood, LLC, represented by Michael R. Fernandez of Planning Development, Inc., is requesting a variance from the Land Development Code (LDC) Section 5.06.04 C.l. to reduce the minimum separation of 1,000 lineal feet between signs to allow a sign separation of276 feet. The subject property is located at 2600 Immokalee Road, Section 25, Township 48 South, Range 25 East, Collier County, Florida. (CTS) C. This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin2 be held on this item, all participants are reQuired to be sworn in. ADA-2008-AR-13731 (AC) Monte Carlo Club Condominium Association, Inc., represented by Quin L. Kurth of Turrell, Hall and Associates, Inc., requesting an appeal to the Board of Zoning Appeals ofa decision of the Collier County Planning Commission in Resolution No. 08-03 denying Petition BD-2006-AR-9061 that requested a 15-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 35- foot boat dock facility accommodating 20 additional boat slips for property described as Lots I and 2, Block B of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48 South, Range 25 East, Collier County, Florida (part of the Monte Carlo Club Condominium). Motion to uphold the Planning Commission's findings - Failed 1/4 (Commissioner Henning, Commissioner Coyle, Commissioner Coletta and Commissioner Fiala opposed); Motion to remand this item back to the Planning Commission with a request for formal interpretation and reasons for initial denial in accordance with the LDC - Approved 5/0 8. ADVERTISED PUBLIC HEARINGS Moved from Item #17B A. Recommendation that Board of County Commissioners repeals and replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping in the unincorporated areas of Collier County. Ordinance 2008-65 - Adopted 5/0 December 2-3, 2008 Page 5 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Services Advisory Committee. Resolution 2008-351: Re-appointing Robert Mulhere (w/waiver of term limits), George H. Hermanson, Dalas D. Disney (w/waiver ofterm limits), William J. Varian and David Dunnavant - Adopted 5/0 B. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. Resolution 2008-352: Re-appointing Thomas Decker and Joseph Langkawel - Adopted 5/0 C. This item to be heard at 11:30 a.m. To reconsider the Board of County Commissioners direction for the EAC and the CCPC to hold a joint workshop to hear the RLSA Phase II report. Motion to have each advisory group review separately and instruct staff to move forward without delay - Approved 5/0 10. COUNTY MANAGER'S REPORT A. This item continued from the November 18,2008 BCC Meetin2. Presentation to the Board of County Commissioners to provide an annual update and comparison of the local area housing market and the status of current affordable housing programs, funding amounts and assistance strategies. (Marcy Krumbine, Housing and Human Services Director) Motion to accept presentation - Approved 5/0 B. Recommendation to adopt a resolution authorizing the condemnation ofland and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road (Project No. 68056). Estimated fiscal impact: $13,052,361. (Norman Feder, Transportation Services Administrator) Resolution 2008-353 - Adopted 4/0 (Commissioner Fiala absent) C. Recommendation that the Board of County Commissioners approve the proposal regarding the Executive Manager to the BCC. (Jim Mudd, County Manager) December 2-3, 2008 Page 6 Motion to have Mike Sheffield to work with the Board Office while continuing to carry out his duties in the County Manager's Office; Executive Manager Sue Filson will relocate to the Budget Office but will retain Board specified duties, including advisory board appointments and as BCC Meeting secretary - Approved 4/1 (Commissioner Coyle opposed); On 12-3-08: See County Manager Mudd's comment on Agenda Item #15C D. This item to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners determine the Fiscal Year 2009 capital projects to be programmed based on the $1,803,392 turn-back revenue allocated to the Landscape Beautification Master Plan and the three projects scheduled for landscaping. (Norman Feder, Transportation Services Administrator.) Motion to combine Options #2 & #3 and obtain bids for all 3 projects and wavier of local preference - Approved 4/1 (Commissioner Coletta opposed) E. Recommendation that the Board of County Commissioners provide the County Manager or his designee with guidance on whether reimbursement to the Conservation Collier Program from other County Departments for Panther Habitat Unit Mitigation Credits at the Starnes property is appropriate, and if appropriate, guidance on the amount of the reimbursement. (Melissa Hennig, Principal Environmental Specialist) Motion to approve Option #2 - Approved 4/1 (Commissioner Coletta opposed) F. This item to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners provide direction to stafffor the disposal of Delasol Neighborhood Park. Motion to approve Option #2 - Approved 3/2 (Commissioner Halas and Commissioner Coyle opposed) December 3. 2008 G. Recommendation to review and approve the proposed addition of Economic Development to the list of Collier County 2009 State Legislative Priorities as proposed by the Economic Development Council at the joint Board of County Commissioners and Collier County Legislative Delegation Pre 2009 Legislative Session Workshop held on November 14,2008. (Debbie Wight, Assistant to the County Manager.) December 2-3, 2008 Page 7 Motion to approve as modified - Approved 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16AI0 H. Recommendation to obtain direction from the Board of County Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and other similar overgrowth in excess of 18 inches in height to include a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around any permitted structure on the lot mowed to a length of less than 6 inches in height. Approved - 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16A8 I. To request that the Board of County Commissioners (BCC) approve a single Land Development Code (LDC) Amendment Cycle for the 2009 calendar year to consider a limited scope of amendments to the LDC as follows: to remove the administrative provisions from the LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal Report (EAR) based Environmental amendments that were continued by the BCC from the 2008 Cycle I; to consider amendments to the School Board review process as required by adoption of the 2008 GMP Amendments; to consider an amendment to the nonconformities section of the LDC continued from the 2008 Cycle I; to consider the proposed architectural design deviation process for Immokalee as acknowledged by the BCC; to consider the amendments to the Well field protection regulations as directed by the BCC; to consider amendments to specify how to calculate shorelines subject to conservation easements or the like when calculating the number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any amendments to the Stewardship Receiving Area (SRA) ifthere are any at that time. Motion to approve to add amendments to the Vanderbilt Beach Overlay to the LDC Cycle - Approved 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16B2 December 2-3, 2008 Page 8 J. Request that the Board direct staffto bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation projects, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right-of- Way, Collier County, Florida and a new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way Handbook, and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. Motion to Continue - Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, DECEMBER 2,2008, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Session B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1 056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. December 2-3, 2008 Page 9 Direct County Attorney to consult with the State Attorney's Office on a number of violations of law by the Clerk of Courts - Approved 4/1 (Commissioner Henning opposed) December 3, 2008 Moved from Item #16K4 C. Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against Paul R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages in the Amount of$54,316.72. Approved - 3/0 (Commissioner Coyle and Commissioner Halas absent) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY December 3, 2008 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Motion to continue Item #3A to the December 16,2008 BCC Meeting- Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) B. Jim Mudd: Regarding voluntary employee separation incentive; further discussion at December 16, 2008 BCC Meeting C. Jim Mudd: Regarding Item #10C, Mike Sheffield is not interested in assuming Board Office position; internal search to be done; Mike Sheffield will help by temporarily filling in at this time D. Commissioner Fiala: Impact fees on vacant existing structures - to be brought back for further discussion E. Commissioner Fiala: Water/sewer impact fee policy on unimproved property F. Commissioner Coletta: Concern re: water/sewer district boundaries and future charges in District #5 G. Commissioner Coletta: Discussion on events at the Florida Association of Counties Meeting he attended with Commissioner Halas H. Commissioner Henning: To write letter in support of the Boys and Girls Club for a grant request - Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) I. Commissioner Henning: Questioning his authority to sign an indemnity agreement relating to a prior resolution - Consensus for chairman to sign December 2-3, 2008 Page 10 J. Commissioner Henning: Motion to adjourn - Approved 3/0 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 each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for WalMart at Artesa Point. W/release of any Utilities Performance Security 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Grand Lely Drive Extension. W/release of any Utilities Performance Security 3) To accept final and unconditional conveyance of the water utility facility for Ole. W/release of any Utilities Performance Security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2A (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-342 and release of the Maintenance Security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2B (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-343 and release of the Maintenance Security 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2C (Winding Cypress PUD) with the roadway and drainage December 2-3, 2008 Page 11 improvements being privately maintained. Resolution 2008-344 and release of the Maintenance Security 7) Request to increase the time frame associated with the contract to allow for the Van Buskirk, Ryffel & Associates to provide the land use modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation Division to update to the Long Range Transportation Plan (LRTP). Extending the contract by 150 days or 2/27/2009 Moved to Item #101 8) To request that the Board of County Commissioners (BCC) approve a single Land Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited scope of amendments to the LDC as follows: to remove the administrative provisions from the LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal Report (EAR) based Environmental amendments that were continued by the BCC from the 2008 Cycle I; to consider amendments to the School Board review process as required by adoption of the 2008 GMP amendments; to consider an amendment to the Nonconformities section of the LDC continued from the 2008 cycle I; to consider the proposed architectural design deviation process for Immoka1ee as acknowledged by the BCC; to consider the amendments to the Well field protection regulations as directed by the BCC; to consider amendments to specify how to calculate shorelines subject to conservation easements or the like when calculating the number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any amendments to the Stewardship Receiving Area (SRA) ifthere are any at that time. 9) Request that the Board of County Commissioners, acting in the capacity of the Enterprise Zone Development Agency (EZDA) Governing Board approve a resolution to designate Penny Phillippi, the Immokalee CRA executive director, as the official contact person for the Immoka1ee Enterprise Zone Development Agency. The current official contact person for the Immokalee EZDA is the Director of Comprehensive Planning, Randy Cohen. Resolution 2008-345 December 2-3, 2008 Page 12 Moved to Item #10H 10) Recommendation to obtain direction from the Board of County Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and other similar overgrowth in excess of 18 inches in height to include a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around any permitted structure on the lot mowed to a length of less than 6 inches in height. 11) Recommendation to award Bid # 08-5103 -- Demolition of Commercial and Residential Structures to Cross Environmental Services, Inc., Honc Marine Contracting, Inc. d/b/a Honc Destruction, and Gruelle Construction, Inc. 10 structural demolitions with an average cost of $3,725 per structure. Code Enforcement anticipates thirty demolitions in the current fiscal year B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve the sponsor, Florida Department of Corrections/Hendry Correctional Institution one (1) Adopt-A-Road Program Agreement with two (2) recognition signs at a total cost of $150.00 for Oil Well Road alk/a/ CR 858 from SR 29 to County Line Road. To provide litter removal in accordance with instructions in the agreement Moved to Item #10J 2) Request that the Board direct staff to bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation projects, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right-of-Way, Collier County and new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right -of- W ay Handbook, and authorize future revisions to December 2-3, 2008 Page 13 each Handbook made separately by resolution approved by the BCC 3) Recommendation that the Board of County Commissioners approve two sponsors, MavCor Distributors and Ad Expressions (2) Adopt-A- Road Program Agreements with four (4) roadway recognition signs at a total cost of $300.00, for CR 92 a/k/aI San Marco Road and Pine Ridge Road west of 1-75, respectively. To provide litter removal in accordance with instructions in the agreement 4) Recommendation that the Board of County Commissioners approve the sponsor, Rods Performance Marine, one (I) Adopt-A-Road Program Agreement with two (2) recognition signs at a total cost of $150.00 for Commercial Dr., Linwood Ave., and Linwood Way roadways. To provide litter removal in accordance with instructions in the agreement 5) Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non-Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate City area. Project No. 600831 (Fiscal Impact: $800.00) Located just east of 50th Street SW 6) Recommendation to award Bid #08-5095, The Purchase and Delivery of Fungicides, Herbicides and Insecticides, to the Agro Distributions LLC (dba Pro Source One), UAP Distribution, Inc., Helena Chemical, Red River Specialties, Inc., LESCO, Univar USA, Inc., and DeAngelo Brothers Inc. A1enza, at an estimated annual expenditure of $300,000.00 7) Recommendation that the Board of County Commissioners approve Change Order #4 to the contract with Astaldi Construction, Inc. in the amount of $965,869.67 for additional work on the Immokalee Road Design Build Project from Collier Boulevard to 1-75, Project #66045, Contract #05-3770 and approve the necessary budget amendment. Allowing for the direct purchase of the pre-cast Conspan Bridge at Northbrooke Drive and the truncated domes and crosswalks December 2-3, 2008 Page 14 8) Recommendation to award a construction contract to American Earth Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road), in the amount of $720,000.00 to the contractor. For the repair and resurfacing of the bridges that received critical scores from FDOT 9) Recommendation to award Bid #09-5111 R "Radio Road Beautification MSTD/MSTU Roadway Grounds Maintenance" to Hannula Landscaping, Inc. in the estimated annual amount of $104,741.50 For basic, site specific, general maintenance services, and emergency landscaping services 10) Recommendation that the Board of County Commissioners approve a Maintenance Agreement to accompany the Locally Funded Agreement between FDOT and Collier County for construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt Drive), previously approved on October 28,2008 and authorizing the Chairman to execute both agreements. Resolution 2008-346 11) Recommendation to award RFP #08-5067 for Real Estate Appraisal Services to the following firms: American Acquisition Group; Anderson & Carr; Appraisal Group of Central Florida; Boyd, Schmidt & Brannum; Callaway & Price; Kenneth C. Evans; Kenneth R. Devos; Integra Realty Resources; Real Estate Appraisal & Litigation; Retech; Wilcox Appraisal Services. Used to estimate the compensation due to property owners as a result of the necessary acquisition of their properties for the construction of public improvement projects such as roads, canals, parks, utility facilities and Conservation Collier purchases 12) Recommendation to award Bid #09-5141 Golden Gate Parkway & 1- 75 Interchange Landscape Maintenance to Hannula Landscaping and Irrigation, Inc. in the estimated annual expenditure of$55,000.00 (Fund Ill, Cost Center 163889). 13) Recommendation to award Bid #09-51401-75 at Golden Gate Parkway Landscape Improvements to Hannula Landscaping Inc. in the amount December 2-3, 2008 Page IS of$97,995.75 with 10% contingency of$9,799.58 for a total of $107,795.33(Project #60043). 14) Recommendation to approve the Assumption Agreement under Contract No. 07-4176 Purchase of Lime Rock and Fill Material, Fixed Term Contract from Florida Rock Industries, Inc. by Vulcan Materials Company. The county was notified of the purchase on October 23, 2008 15) Recommendation to secure a State Transit Grant for the addition of Transit Service into Lee County and authorize staff to work with Florida Department of Transportation and LeeTran staff on the development of a Public Transit Service Development Program Joint Participation Agreement. Providing a Lee/Collier Transit Connection that would provide regional transit service between Lee County and Collier County at Bonita Beach Road on Tamiami Trail and all other Collier Area Transit routes at North Collier Hospital 16) Recommendation to obtain Board approval to pursue an agreement between Collier County and Naples Lakes Country Club Homeowners Association, Inc., a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area. Located off Collier Blvd. C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners execute inter-local agreements between Collier County and the District School Board of Collier County, Everglades City, the City of Marco Island, and the City of Naples for debris removal operations in the aftermath of a severe weather event or natural disaster. From June 1,2008 through May 31, 2009 and automatically renew each year 2) Recommendation to approve an Indemnification, Hold Harmless and Test Monitoring Well License Agreement on an off-island vacant parcel owned by the City of Marco Island, at no cost to the County, to be used to provide data for future well field alignment hydrogeological testing, for the Southeast Regional Water Treatment Plant Wellfield December 2-3, 2008 Page 16 Project #70900. To provide hydrogeological data required for the study 3) Recommendation that the Board approve, and authorize the Chairman to execute, an Agreement with American Electronics Recycling to provide electronic collection at the Collier County Landfills. Quoted $O.OO/per pound for all electronics, including hauling, fuel and labor 4) Recommendation to increase Work Order PG-FT-3972-07-02 to de 1a Parte & Gilbert, P.A in the Amount of$6I,000 for Legal Services under Contract 05-3792 Fixed Term Professional Legal Services, Orange Tree, Project 75010. Orange Tree Utility Company has the authority to continue their operation of their water and sewer utilities until at least 2012 D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Gutierrez and Magnolia Pimentel (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 169, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Tomas E. Payero Madera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 168, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Joseph Wilson Dorcelus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 173, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 December 2-3, 2008 Page 17 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Osie1 Quintana and Magdalys Camejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Block 9, Naples Manor Addition, East Naples. Impact fee deferral in the amount of $26,204.83 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Damian Luizaga and Maria Luizaga (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 57, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 6) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 7) Recommendation that the Board of County Commissioners approve budget amendments totaling $566,377 to ensure continuous funding of the Older Americans Act grant in the Services for Seniors Program for FY 09. Awarded for Title III-B Lead Agency Operations, Title C-l Congregate Meals, Title C-2 Home Delivered Meals, and Title III- E Caregiver Support Program from January 1, 2009 through December 31, 2009 8) Recommendation for the Board of County Commissioners to approve and authorize staff submittal of a Project A WARE Grant Application for artificial reef cleanups and producing an artificial reef educational video for the Coastal Zone Management Department in collaboration with University Extension, Sea Grant Agent, that, if awarded, will provide grant funds in the amount of$IO,OOO. To promote awareness and stewardship of its artificial reef environments 9) Recommendation that the Board of County Commissioners approve the submittal of the Aquatic Pond Renovation and Education December 2-3, 2008 Page 18 Development Project to the Big Cypress Basin South Florida Water Management District for a grant to continue and expand water conservation education through the Florida Yards & Neighborhoods Program in the amount of $56,000.00. The grant will also be used to renovate the existing retention pond E. ADMINISTRATIVE SERVICES 1) Recommendation for the Board of County Commissioners to adopt a Resolution acknowledging that the County's Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which limited County business is conducted. Resolution 2008-347 2) Recommendation that the Board of County Commissioners approves amendment A-I to Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" with Resource Restoration, Inc., Earth Balance Corporation, Environmental Aquatic Control, Inc., and DeAngelo Brothers, Inc. d/b/a Aquagenix to correct Compensation Terms and Conditions language in the contracts to match language in the Executive Summary that awarded the contracts. F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve an amendment to the Emergency Medical Services Advisory Council Bylaws that changes the frequency of Emergency Medical Services Advisory Council meetings from monthly to quarterly. 2) Recommendation to approve a State Emergency Response Team Sub grant Agreement for the Department of Homeland Security (DHS) and the State of Florida Division of Emergency Management to establish a Community Emergency Response Team (CERT) Program for the Town of Ave Maria in the amount of $9,000.00. Due to the locale of Ave Maria, CERT members contribute in the day to day operations such as searching for a lost child, providing training within the community, hurricane preparedness, fire safety and extinguishment, medical triage, etc. December 2-3, 2008 Page 19 3) Recommendation that the Board of County Commissioners approve a series of budget amendments to restructure the Court IT Fee Fund (178) moving budget from General Fund (00l) and Court Administration Fund (681) into the Court IT Fee Fund (178). 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2008-348 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) That the Collier County Community Redevelopment Agency recommends that the Board of County Commissioners includes amendments to the LDC amendment cycle for the 2009 calendar year as submitted by the Bayshore Gateway Triangle CRA and consider any amendment to the Bayshore Gateway Triangle Mixed Use Overlay in the proposed 2009 LDC amendment cycle. To update the 10-year old CRA Redevelopment Plan 2) Recommendation that at the request of the Collier County CRA Board, the Board of County Commissioners include amendments to the LDC amendment cycle for the 2009 calendar year as submitted by the Bayshore Gateway Triangle CRA and consider any amendment to the Bayshore Gateway Triangle Mixed Use Overlay in the proposed 2009 LDC amendment cycle, and that the CRA meet the LDC cycle schedule requirements. 3) Request that the Collier County Redevelopment Agency amend the Commercial Faade Grant Program to incorporate an Application, Recipient Agreement, Lessee Agreement, Applicant Commitment of Resources, Project Summary and Evaluation Form, and Payment Request Form into the program documents packet for the Immokalee Community Redevelopment area. CRA Resolution 2008-349 H. BOARD OF COUNTY COMMISSIONERS December 2-3, 2008 Page 20 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Kiwanis Governor's Dinner on November 6th, 2008 at the Collier Athletic Club in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 710 Goodlette Rd N, Naples, FL 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Rotary Club Luncheon on November 6th, 2008 at the Marco Island Yacht Club on Marco Island, FL. $20.00 to be paid from Commissioner Fiala's travel budget. Located at 1400 N Collier Blvd., Marco Island, FL 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend A Salute to Ben Bova on January 25th, 2009 at the Naples Philharmonic in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 5833 Pelican Bay Blvd., Naples, FL 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Foundation for the Arts Quarterly Luncheon on November 7th, 2008 at the Marco Island Yacht Club on Marco Island, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at1400 N. Collier Blvd., Marco Island, FL 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a cocktail party and silent auction on behalf of Gulfshore Playhouse on November 9th, 2008 at Angelina's Ristorante in Bonita Springs, FL. $50.00 to be paid from Commissioner Fiala's travel budget. Located at 24041 S. Tamiami Trail, Bonita Springs, FL 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Equestrian Challenge Bootstrap Boogie Barn December 2-3, 2008 Page 21 Dance on November 15th, 2008 at the Naples Equestrian Challenge in Naples, FL. $150.00 to be paid from Commissioner Fiala's travel budget. Located at 206 Ridge Dr., Naples, FL 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier Citizen of the Year Banquet on November 21 st, 2008 at the Naples Elks Lodge in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 3950 Radio Rd., Naples, FL 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the Holiday Fashion Extravaganza for Youth Haven on December 12th, 2008 at the Naples Sailing and Yacht Club in Naples, FL. $100.00 to be paid from Commissioner Fiala's travel budget. Located at 896 River Point Dr., Naples, FL 9) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Lakes Country Club Golf Course Grand Opening Dinner on November 1 st, 2008 at the Naples Lakes Country Club in Naples, FL. $55.00 to be paid from Commissioner Fiala's travel budget. Located at 4784 Inverness Club Dr., Naples, FL 10) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Windstar Club Cocktail Reception Benefiting the Boys and Girls Club on November 22nd, 2008 at Windstar on Naples Bay in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel budget. Located at 4650 Yacht Harbor Drive, Naples, FL 11) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the Marco Chamber of Commerce Christmas Gala on December 7, 2008 at the Island Country Club on Marco Island, FL. December 2-3, 2008 Page 22 $75.00 to be paid from Commissioner Fiala's travel budget. Located at 500 Nassau Rd, Marco Island, FL I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of November 08,2008 through November 14,2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of November 15,2008 through November 21,2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$57,000.00 for Parcel I 45RDUE in the lawsuit styled Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil Well Road Project 60044). (Fiscal Impact $41,470.00) For a .454 acre parcel to be used for road right-of-way, drainage and utilities easements 2) Recommendation to approve a Stipulated Final Judgment in the amount of $51 ,900.00 for Parcels I 85RDUE and I 85TDRE in the lawsuit styled Collier County v. Rupert Terry Dupree, alk/a R. Terry Dupree, et aI., Case No. 07-3328-CA (Oil Well Road Project 60044). (Fiscal Impact $9,970.00) For a .124 acre parcel to be used for a perpetual non-exclusive road right-of-way, drainage, and utility easements, and as a temporary driveway restoration easement 3) Recommendation to approve settlement in the lawsuit entitled Collier County v. Naples Sunrise, Inc., Case No. 08-2803-SC, filed in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of$I,102.03. December 2-3, 2008 Page 23 Moved to Item #12C 4) Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Paul R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to Recover Damages in the Amount of $54,316.72. 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 to the Board of County Commissioners to adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to the Collier County Code of Laws and Ordinances pursuant to Board Direction. Ordinance 2008-64 Moved to Item #8A B. Recommendation that Board of County Commissioners repeals and replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping in the unincorporated areas of Collier County. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. December 2-3, 2008 Page 24