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Recap 03/10/2009 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) "0'-'\ 1'1 /., ~ I , . r- ( ',.. ..'.... )1 ,,\ AGENDA March 10,2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 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." March 10,2009 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 IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. February 10, 2009 - BCC/Regular Meeting Approved as presented - 5/0 C. February 13,2009 - Value Adjustment Board Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - 5 Years 1) Councilman John F. Sorey, III, Tourist Development Council and Collier County Coastal Advisory Committee Not Present March 10, 2009 Page 2 B. 10 Years 1) Thomas Masters, Development Services Advisory Committee Presented 4. PROCLAMATIONS A. Proclamation designating March 15 - 21, 2009 as Florida Surveyors Week. To be accepted by Marcus L. Berman, P.S.M. Project Manager/Senior Associate, WilsonMiller, Inc. Adopted - 5/0 B. Proclamation recognizing Spay Day USA 2009. To be accepted by Dr. Ruth Eisele, DAS Advisory Committee Member. Adopted - 5/0 C. Proclamation recognizing March 10, 2009 as A Day of Heightened Awareness of Wildfire Danger in Collier County. To be accepted by Dan Summers, Peter Gaddy, Jim Flanagan, Peggy Whitbeck, Michael Ramsey, Tim Nance, Michael Weston, Chief Rita Greenberg, Chief Bob Metzger, Hank Graham and Keith Watchey. Adopted - 5/0 5. PRESENTATIONS A. The Phoenix is a mythological bird that died and rose renewed from its ashes. The Collier County Emergency Medical Services Department has adopted the PHOENIX A WARD to recognize those EMS Paramedics, EMTs, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. Presented B. Presentation ofa Donation in the amount of$I,OOO.OO from the Disabled Veterans Foundation to the Collier County Veterans Council (to be presented by Bobby Brooks, Operations Manager for Disabled Veterans Foundation; to be accepted by Jim Elson, President of the Collier County Veterans Council). Presented March 10, 2009 Page 3 C. Presentation of the advisory committee outstanding member award for February 2009 to Marco A. Espinar. Presented D. Recommendation to recognize Cristina Perez, Senior Investigator, Code Enforcement, as Employee of the Month for February 2009. Presented 6. PUBLIC PETITIONS A. Public petition request by Rick Johnson to discuss left hand turn onto Dudley from Whippoorwill Lane. County Attorney to look over PUD to determine who is responsible for developer improvements - Consensus B. Public petition request by Dr. James Odom to discuss closure of Dudley Road and resulting hardship to Seagate Baptist Church and school. Motion to open median - Approved 5/0 C. Public petition request by Doug Smylie to discuss extension of sidewalk from Timberwood to World Tennis Center (Airport Road). Staff to review PUD document and bring back conclusions - Consensus D. Public petition request by Gregory Boron to discuss sponsorship of West Point License Plates. Resolution 2009-59: Supporting the sponsorship - Adopted 5/0; Request Chairman write letters of endorsement given to the appropriate legislative bodies E. Public petition request by John Barlow to discuss process to rehab foreclosures for affordable housing. Staff to meet with petitioner regarding rehab ideas and possible grants using received federal stimulus funds - Consensus 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. ADA-2007-AR-123 12, March 10, 2009 Page 4 S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal regarding the decision of the Lot Line Adjustment for property located on Lot 28 in the Olde Cypress PUD, application number LLA-2007-AR-12140. The applicant is appealing the decision pursuant to Section No. 250-58 of the Collier County Codes of Laws and Ordinances. Resolution 2009-60: Approving appeal citing inconsistencies with the Land Development Code - Adopted 4/1 (Commissioner Coletta opposed) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. ADA-2007-AR-123 13, S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal pursuant to the issuance of the staff clarification number SC-07 -02 pursuant to Section No. 250-58 of the Collier County Code of Laws and Ordinances. The applicant is requesting an Administrative Appeal regarding the staff clarification regarding the measurement of a front yard setback requirement on a cul-de- sac Lot for property located on Lot 28 in the Olde Cypress PUD. Resolution 2009-61: Approving appeal- Adopted 5/0 8. ADVERTISED PUBLIC HEARINGS Moved from Agenda Item #17 A and to be heard following #12A (During Agenda Changes #2A - Commissioner Coyle's request) A. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-01, which created the Collier County Emergency Medical Services Policy Advisory Board, in order to clarify certain qualifications for appointment and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best-qualified candidate(s). Ordinance 2009-11 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay Services Division Board. Resolution 2009-62: Appointing Tom Cravens and Keith J. Dallas, Re- appointing Mary Anne Womble and Geoffrey Gibson - Adopted 5/0; Directed staff to re-advertise for the vacant commercial position March 10,2009 Page 5 B. Appointment of members to the County Government Productivity Committee. Pursuant to Board direction on February 24, 2009, this item is continued pending amendment of Ordinance 2001-55. Motion to continue - Approved 5/0 C. Appointment of member to the Black Affairs Advisory Board. Resolution 2009-63: Appointing Mary Linda Sanders - Adopted 5/0 D. Appointment of member to the Contractors Licensing Board. Resolution 2009-64: Re-appointing Eric D. Guite representing the City of Naples - Adopted 5/0 E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2009-65: Reappointing Victor L. Brittain and William Conrad Willkomm - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2008 in accordance with Ordinance No. 2001-55. Committees include: Bayshore Beautification MSTU Advisory Committee; Lely Golf Estates Beautification Advisory Committee; Radio Road Beautification Advisory Committee; Vanderbilt Beach Beautification MSTU Advisory Committee; and Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Mike Sheffield, Assistant to the County Manager) Motion to consolidate the Bayshore Beautification MSTU under the CRA - Approved 5/0 & serves a valid public purpose; Motion finding the Lely Golf Estates Beautification MSTU serves a valid public purpose - Approved 5/0; Motion finding the Radio Road Beautification MSTU serves a valid public purpose - Approved 5/0; Motion finding the Vanderbilt Beach Beautification MSTU serves a valid public purpose - Approved 5/0 B. Recommendation to approve the financing and expenditure for the purchase and renovation of the Naples Lodge 2010 Benevolent and Protective Order of the Elks of the USA, Inc., at a cost not to exceed $4,618,891. (Jim Mudd, County Manager and Skip Camp, Facilities Management Director) March 10,2009 Page 6 Approved - 5/0; An Agreement for Sale and Purchase will brought back at the April 28, 2009 BCC Meeting C. Recommendation that the Board of County Commissioners direct the County Manager or his designee to advertise and return for the Board of County Commissioners' consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle for hire operator license, establishing penalties for non-compliance, removing industry protectionism, and thereby condensing the Public Vehicle For Hire Ordinance provisions, consistent with the Board of County Commissioners' direction. (James French, Operations Manager, CDES Operations) Motion for staff to bring back an ordinance with amending language - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Laurie Mitchell- Safety concerns regarding neighbor's animal business 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners provides direction whether to amend Ordinance No. 01-55 (the Advisory Board Ordinance) with respect to term limits. The Ordinance presently limits an advisory board member to two terms, absent unanimous Board approval for an additional term. Motion to advertise as amended - Approved 4/1 (Commissioner Halas opposed) 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2008. Approved - 4/1 (Commissioner Halas opposed) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS March 10, 2009 Page 7 A. County Manager Jim Mudd: Update on the shortfall of ad-valorum tax dollars for FYI0 Budget; instructed staff to cut budgets by 25% B. Commissioner Halas: Concerns with downtown business employees parking at the Vanderbilt Beach Parking Garage; County Attorney to come back with an Ordinance C. Commissioner Coletta: Swamp Buggy Weekend was a success and included a visit from Miami Commissioner Diaz D. Commissioner Fiala: District #1 Townhall Meeting March 11, 2009 at the new South Regional Library on Lely Cultural Parkway @ 7pm E. Motion to Adjourn - 4/0 (Commissioner Henning absent) 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 Trail Ridge. Release of any Utilities Performance Security Moved to Item #17G (Per Agenda Change Sheet) 2) A Resolution of the Collier County Board of County Commissioners designating 5,868.7 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCIIBCP SSA 10 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCIIBCP SSA 10, and Stewardship Easement Agreement for BCIIBCP SSA 10; approving a Stewardship Sending Area Credit Agreement for BCIIBCP SSA 10; approving a Stewardship Easement Agreement for BCIIBCP SSA 10; approving an Escrow Agreement for BCIIBCP SSA 10; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. March 10,2009 Page 8 3) Approval of Award of Contract #08-5090 to Rhodes, Tucker & Garretson for Special Magistrate Services for Collier County Code Enforcement Department in the approximate amount of $80,000 per year. Current contract services will expire on March 29, 2009 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Phase Three East, Unit One with the roadway and drainage improvements being privately maintained. Resolution 2009-49: w/release of the Maintenance Security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Phase Three East, Unit Two with the roadway and drainage improvements being privately maintained. Resolution 2009-50: w/release of the Maintenance Security 6) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay Apartments Phase II due to the impact fees being paid in full in accordance with the Multi-family Rental Impact Fee Deferral Program, as set forth by Section 74-401 (e) and 74-401(g) (5) of the Collier County Code of Laws and Ordinances. Impact Deferral Fees were due February 3, 2009 and were paid in full as of February 5, 2009 7) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multi-Family (Rental) Affordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I, consistent with the Boards direction pertaining to remedies for past due and expiring impact fee deferrals. The original due date for payment on September 5, 2007 was extended with 60% of the Deferred Tax received by the County on December 12, 2008, with the remaining 40% plus 5% interest per year due on September 5, 2011 Added language (Per Agenda Change Sheet) March 10, 2009 Page 9 8) 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 direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.030, AR 12838, to Rinker Materials of Florida, Inc. and Barron Collier Companies for the project known as Hogan Island Quarry C.D. The project consists of 967.65 acres, more or less, sitting in Sections 9,10,15,16,21,22 of Township 47, South, Range 28 East, Collier County, Florida, more particularly sitting about 0.75 miles north of where Oil Well Grade intersects Immokalee Road. The aggregate processing plant will limit blasting to one time per day with mining activities implemented twenty-four hours a day Added language (Per Agenda Change Sheet) 9) 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. Kenny Mateja of Tropiclean Gas and Auto Spa requests a Temporary Use Permit in accordance with the provisions of the Land Development Code (LDC) for seven consecutive weekends (Friday and Saturday) at 9995 East Tamiami Trail, Section 20, Township 50 South, Range 26, for a sum total fourteen day time limit that is allowed by the LDC during the 2009 calendar year to display a carwash promotional banner for his business, and to allow the applicant to pay a one time two hundred dollar fee to encompass the entire requested length of time. 10) Recommendation that the Board of County Commissioners (Board) approve Contract #08-5122 with Post, Buckley, Schuh & Jernigan for a Phase I cost of$575,736.95 to update the Big Cypress Basin regional hydrologic model and begin the development of Watershed Management Plans required by the Growth Management Plan. For evaluating the water quality and conditions and recommendations for water quality models for Lake Trafford and Gordon River Extension with completion of the BCB model by September 30, 2009, allowing time to run alternatives and complete plans by 2010 Moved from Item #17E (Per Agenda Change Sheet) Added language (Per Agenda Change Sheet) March 10, 2009 Page 10 11) 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. Petition ST -2008-AR- 13958, WilsonMiller, Inc., representing North Naples Fire Control District, requesting a Special Treatment development permit to construct a two-story 12,952 square-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2009-51 B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Cancellation of Agreement due to road segment already being adopted. McDonald's will no longer be recognized as the sponsor for this segment 2) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. Volunteer group Liz Appling, Florida Home Realty to perform litter removal in accordance with instructions contained in the agreement on Livingston Road 3) Recommendation to approve a Work Order for a construction project to AP AC-Southeast, Inc. for the Goodlette-Frank Road (C.R. 851) Intersection Improvements at Creekside Boulevard in the amount of $219,414.35, Contract No. 08-5045, Project No. 66065. Improvements include milling and resurfacing of the entire roadway and over building the road surface with asphalt to establish a proper cross slope 4) Recommendation to accept the partial apportionment of the Federal Transit Administration (FT A) FY 2009 Section 5307 grant in the amount of $901,448.00. The grant funds will be utilized to improve security at the CAT Operations Facility, purchase benches, shelters and related March 10,2009 Page 11 amenities, provide ADA Para-transit services and preventative maintenance of rolling stock 5) Recommendation that the Board of County Commissioners award the Fiscal Year 2009 Landscape Beautification Master Plan capital projects (Bid #09-5190): Immokalee Road Phase II & III (1-75 to 951), Rattlesnake Hammock (Polly to C.R. 951) and Vanderbilt Beach Road Phase I & [I (Airport to C.R. 951) to Hannula Landscaping and Irrigation, Inc. in the amount of $1,786,039.23 with $13,960.77 contingency for a total of $1 ,800,000. As detailed in the Executive Summary 6) Authorization to apply for Federal Transit Administration funds under Title 49 U.S.C. 5307 pertaining to the American Recovery and Reinvestments Act (ARRA) and to accept the grant if awarded. Providing for capital projects such as Electronic fare boxes, building modifications, Automatic Vehicle Location and Mobile Data Systems including GIS - route planning systems, purchase of 2 Hybrid buses replacing two buses due for replacement in 2008 & 2009, security cameras for fixed route and para-transit buses and upgrade of three fixed route buses w/hybrid technology 7) Recommendation to terminate the amended and restated US41 Developers Consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4408, Page 2880. (CTS). Due to failure of Consortium Members to provide the appropriate cash & security as required (Consortium DCA, paragraph 5); As of February 19, 2009, only Habitat for Humanity of Collier County, Inc. had posted their letter of credit C. PUBLIC UTILITIES 1) Recommendation to award Agreement #08-5125 to Southwest Direct, to outsource the printing and mailing of Collier County Water-Sewer District utility bills, at an estimated annual amount not to exceed $100,000. As detailed in the Executive Summary 2) Recommendation that the Board of County Commissioners (Board) approve Resolution, Payment Plan Agreement and Lien Agreement March 10,2009 Page 12 between Tamiami Square of Naples, LLC (Developer) and Collier County Water-Sewer District consistent with the Boards February 24, 2009 adjudication that Developer owes $120,904 as alternative water and wastewater impact fees for Building 300. Resolution 2009-52 D. PUBLIC SERVICES 1) Recommendation for the Board of County Commissioners to accept funding from the 4-H Foundation Clubs, Inc. in the amount of $50,881.00 for the 4-H Outreach Program managed by the Collier County University of Florida/IF AS Extension Department and approve a budget amendment in the amount of $26,481.00. To partially fund a full time 4-H Outreach Coordinator position, and a temporary Outreach Coordinator and to fund enhancements to outreach activities at the Collier County University of FloridalIF AS Extension Department 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign and forward to the State of Florida Legislature, a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions. Resolution 2009-53: Helping to solve the pet overpopulation problem and also reducing the risk of cancer, aggression, their drive to roam, and male tendency to mark their territory 3) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC) Division of Marine Fisheries Management, Artificial Reef Construction Grant Application for the Coastal Zone Management Department in the amount of $60,000. Reef sites are: Gordon Pass, Doctors Pass, and Wiggins Pass providing for easy public access via the Gulf 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Amendment to the David Lawrence Mental Health Center Agreement approved on November 18,2008, Item #16D9. This Amendment will increase the dollar amount awarded to the David Lawrence Center as approved by the March 10,2009 Page 13 Board of County Commissioners on November 18, 2008 Agenda Item # 101. The award comes from turn back dollars from the Constitutional Officers, the Board voted to award the Center an additional one- time award of $450,000 due to severe budget cuts by the State 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the attached letter of support for Esperanza Place Phase One, a forty eight (48) unit multi-family affordable housing project being developed by Florida Non-Profit Services, Inc. Benefiting farm workers in Immokalee earning between 50% and 60% local area median income E. ADMINISTRATIVE SERVICES 1) Recommendation to adopt resolution of support to amend the Consultants' Competitive Negotiation Act (CCNA). Resolution 2009-54 2) Recommendation that the Board waive competition and approves an amendment to the current contract with Vocatus Medical Management Services to open a North MedCenter location, and establish fees for V ocatus for the renewal period. Located at 4513 Executive Drive, Naples 3) To sell or donate County surplus property that is no longer of use to County departments and obtain revenue for the County. To be held on March 28, 2009 with the use of a full service auctioneer, Atkinson Realty & Auction, Inc. 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the time period of January 19, 2009 through February 17, 2009 5) Recommendation to authorize the conveyance of a Revocable Temporary License to the Lee County Electric Cooperative, Inc. for the installation of electric facilities to provide electric service for the March 10,2009 Page 14 Marco Island Historical Museum which is located at 1264 Mistletoe Court, Marco Island, Florida, at a cost not to exceed $60.00. Costs are for recording the License and the Permanent Easement F. COUNTY MANAGER Withdrawn (Per Agenda Change Sheet) 1) Approve the necessary budget amendment from the Ochopee Fire Control District reserves in the amount of $120,000 for the purpose of renovating Port of the Islands Marina to be used as a Fire Station. 2) Recommendation that the Board of County Commissioners approve a budget amendment for the Ochopee Fire Control District in the amount of $28,860 for Architectural Services regarding the renovation of the Port of the Islands Marina into a Fire Station. Used to house personnel and apparatus 3) Recommendation that the Board of County Commissioners, approves and authorizes the Chairman to sign the submittal ofa Volunteer Fire Assistance grant application in the amount of $1 0,500 to the Florida Division of Forestry for the purpose of refurbishing two 1994 6X6 five ton vehicles. The vehicles will need a water tank and pump installed prior to their use in brush fires 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-55 5) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of House Bill 691 Relating to State Oversight of Utility Services Provided by Intergovernmental Authorities filed by State Representative Matt Hudson and the companion Senate Bill 1192 Relating to Utility Services/Oversight/Intergovernmental Authorities by State Senator Garrett Richter. Resolution 2009-56 March 10,2009 Page 15 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Moved to Item #17F (Per Agenda Change Sheet) 1) Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Facade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended reference by deleting the reference to the Executive Directors ability to approve or deny facade grants in the amount of $1 0,000 or less; and by providing for an effective date. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on February 19,2009 at Carrabba's in Naples, FL. $16.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Florida Association of Counties 2009 Legislative Day on March 25,2009 in Tallahassee, FL. $110.00 to be paid from Commissioner Fiala's travel budget. Located at the Residence Inn - Universities at the Capitol, 600 West Gaines Street, Tallahassee 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Fifth Annual Honor the Free Press Day on March 18, 2009 at the Hilton in Naples, FL. $30.00 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail N, Naples 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended An Evening with Clyde Butcher on March 5,2009 at the March 10, 2009 Page 16 Rookery Bay Auditorium in Naples, FL. $20.00 to be paid from Commissioner Fiala's travel budget. Located at 300 Tower Road off CR951 (between Naples and Marco Island) 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Chabad of Naples 5th Anniversary Celebration on March 22, 2009 at the Naples Beach Hotel and Country Club in Naples, FL. $150.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Henning requests Board approval for reimbursement to attend a function serving a Valid Public Purpose. He will be attending the Chabad of Naples 5th Anniversary Celebration on March 22, 2009 at 6:00 p.rn. at the Naples Beach Hotel and Country Club in Naples, Florida. $150.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of February 14,2009 through February 20, 2009 and for submission into the official records of the Board. 2) Recommendation that the Board of County Commissioners of Collier County approve a Interlocal Agreement for Election Services pertaining to services and voting equipment used by the Golden Gate Fire Control and Rescue District in connection with a special election to be held on May 12,2009. 3) To obtain Board approval for disbursements for the period of February 21,2009 through February 27,2009 and for submission into the official records of the Board. March 10, 2009 Page 17 K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners authorizes staff to proceed with advertising a proposed Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance. To require specified security measures and training of convenience store businesses and convenience store retail employees 2) Recommendation to approve settlement in the lawsuit entitled Collier County, Florida vs. Botner Land Design, Inc., et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02-1923-CA for $99,500.00. Recovering for claims of breach of contract and negligence relating to the landscape architect's design and contract administration on the following three projects: Davis Boulevard (Phase II), Bayshore Boulevard Streetscape Project, and US-41 North Median Project 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. Moved to Agenda Item #8A and to be heard following Item #12A (During Agenda Changes Item #2A - Commissioner Coyle's request) A. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-01, which created the Collier County Emergency Medical Services Policy Advisory Board, in order to clarify certain qualifications for appointment and provide for waiver or March 10,2009 Page 18 modification of the stated qualifications when deemed necessary to appoint the best-qualified candidate(s). B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2008-AR-13661, Center Point Community Church, represented by Matthew McLean, P.E., of Agnoli, Barber and Brundage and Doug Lewis, Esq., of Roetzel and Andress, is requesting a Conditional Use in the Estates (E) Zoning District for a youth ministry sanctuary with supporting offices and youth member social activities relating to the existing religious facility, as specified in Section 2.03.01.B.l.c.l of the Collier County Land Development Code (LDC). The 4.58-acre subject property is located in Tract 85, Golden Gate Estates, Unit 29, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. CTS Resolution 2009-57 C. Recommendation that the Board of County Commissioners approve to revise the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for the Special Magistrates role in the imposition of nuisance abatement liens and to incorporate the Boards prior direction as reflected on the attached proposed amended ordinance. Ordinance 2009-08 D. The approval of this item needs to be done with a Super Maiority vote. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Transportation Impact Fee Update Study dated February 19, 2009; amending the road impact fee rate schedule that is Schedule One of Appendix A by incorporating the findings of the study and thereby establishing the new impact fee rates; deleting obsolete provisions referring to Director of Financial Administration and Housing and the Educational Impact Fee Trust Fund; providing clarification to the four year time frame to request an impact fee reimbursement by removing obsolete language; amending the special requirements for road impact fees to reflect the new provisions, allowing for payment over five years, to obtain or extend a Certificate of Adequate Public Facilities; directing the County Manager, or his designee, and the County Attorney to amend the Collier County Land Development Code for consistency with the provisions related to the March 10, 2009 Page 19 Certificate of Adequate Public Facilities and to update the Collier County Administration Procedures Manual for the Collier County Consolidated Impact Fee Ordinance to reflect the new and amended provisions related to impact fees; and providing for a delayed effective date of June 8, 2009 in accordance with the 90- day notice period required by Section 163.31801 (3)(d), Florida Statutes. Ordinance 2009-09 Moved to Item #16A11 (Per Agenda Change Sheet) E. Petition ST -2008-AR-13958, WilsonMiller, Inc., representing North Naples Fire Control District, requesting a Special Treatment development permit to construct a two-story 12,952 square-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Moved from Item #16Gl (Per Agenda Change Sheet) F. Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Facade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended reference by deleting the reference to the Executive Directors ability to approve or deny facade grants in the amount of$IO,OOO or less; and by providing for an effective date. Ordinance 2009-10 Moved from Item #16A2 (Per Agenda Change Sheet) G. A Resolution of the Collier County Board of County Commissioners designating 5,868.7 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCIIBCP SSA 10 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10, and Stewardship Easement Agreement for BCI/BCP SSA 10; approving a Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10; approving a Stewardship Easement Agreement for BCI/BCP SSA 10; approving an Escrow Agreement for BCI/BCP SSA 10; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. Resolution 2009-58 March 10, 2009 Page 20 Added (Per Agenda Change Sheet) Continued to the March 24, 2009 BCC Meeting (Per Agenda Change Sheet) H. An Ordinance establishing authorization and procedures for the Collier County Voluntary Separation Incentive Program ("VSIP"); providing for a title; providing for a statement of intent and purpose; providing for incentive pay and implementing resolution; providing for payments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing an effective date. (Staffsrequest) 18. ADJOURN Approved 4/0 (Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. March 10, 2009 Page 21