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Recap 09/28/2010 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY AGENDA September 28, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE I UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE I 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." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A Page 1 September 28, 2010 MAXIMUM TIME OF TEN MINUTES. 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 VERBA TIM 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 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 A. Reverend Michael Bannon - Crossroads Church of Naples 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 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMA TIONS (One Motion Taken to Adopt Proclamations) A. Proclamation congratulating Goodwill Industries of Southwest Florida, Inc. for their contributions in recycling. Accepted by Jennifer 1. Nelson, Sr. Director of Retail Operations and E-Commerce, Tom Feurig, President and CEO and Jody Jacoby, Salvage and Recycling Supervisor. Sponsored by Commissioner Fiala. Page 2 September 28, 2010 Adopted - 5/0 B. Proclamation designating October 10, 20 I 0 as the 10th Annual Put The Brakes on Fatalities Day. To be accepted by Nancy Frye, Community Traffic Safety Team, David Buchheit, Community Traffic Safety Team Chairman, Sheriff Kevin Rambosk and Sgt. Robert L. Crouch, FHP. Sponsored by Commissioner Coletta. Adopted - 5/0 5. PRESENT A TIONS A. Presentation to recognize the Freedom Park project team for receiving the Team Project of the Year A ward for 2009 from the Florida Association of County Engineers and Road Superintendents (FACERS). Presented to team leader Senior Project Manager Margaret Bishop by Alan Holbach, FACERS Board member. Presented B. Update the Board of County Commissioners on the status of the Property Assessed Clean Energy (PACE) Program. Presented and discussed C. A presentation to Collier County Parks & Recreation for winning the 20 I 0 Florida Recreation and Parks Association Agency Excellence Award- Category I. This prestigious award will be presented by Mr. Don Decker, President, Florida Recreation and Parks Association. To be accepted by Barry Williams, Director, Parks and Recreation. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. Tim Hancock regarding an agreement with the State of Florida Department of Community Affairs. Motion for petitioner to work with staff to formulate an agreement and bring back to the BCC - Approved 5/0 Continued to the October 12, 2010 BCC Meeting (Per Agenda Change Sheet) B. This item continued from the September 14~ 2010 BCC Meetin2. Public Petition request by E's Country Store at Oil Well Road and Immokalee Page 3 September 28, 2010 ~ Road. C. Public Petition request by Ms. Kathleen H. Reynolds of the Early Learning Coalition of Southwest Florida regarding request for funding. Presented; Direct staff to work with coalition to come up with alternatives to funding - Consensus Continued to the October 12,2010 BCC Meeting (Per Agenda Change Sheet) D. Public Petition request by Mr. Harrison Hubschman regarding water detention area south of Michigan Avenue at 12th Street. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS ~ A. Recommendation to approve a Compliance Agreement between the Florida Department of Community Affairs and Collier County, including Petitioners-in-Intervention, setting forth proposed Remedial Amendments to the Growth Management Plan, Ordinance 89-05, as amended, pertaining to Section 24 in North Belle Meade. Approved - 5/0 ~ B. Recommendation to 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 Cost and Credit Update Study, dated March 11, 2009, an amendment to the adopted Collier County Transportation Impact Fee Update Study; amending the Road Impact Fee rate schedule as set forth in the Cost and Credit Update, which provides for a reduction in rates; amending the Parks and Recreation Impact Fee schedule in accordance with the adopted indexing methodology, utilizing a two-year average, which provides for a reduction in rates; accepting the calculation of the indexing percentage for the Correctional Facilities Impact Fee in accordance with the adopted indexing methodology, utilizing a two-year average, but providing that the current Correctional Facilities Impact Fee rates remain in effect rather than increasing the fees as calculated; and providing for a delayed effective date of October 8, 2010, in Page 4 September 28, 2010 I i I order to provide time for filing with the Florida Department of State and notification to local municipalities of the new rates. Ordinance 2010-38: Approving staff recommendations #1-6 of staff recommendations - Adopted 4/1 (Commissioner Fiala opposed); Direct staff to look for incentives packages and to bring back to the BCC - Consensus 9. BOARD OF COUNTY COMMISSIONERS A. This item continued from the Julv 27~ 2010 BCC Meetin2. J. Peaceful L.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning) Motion (as the Board of Zoning Appeals) to recognize the use of Uhaul I Rentals as an allowable use and spaces allowed per the LDC - Approved 4/1 (Commissioner Halas opposed); Motion (as the BCC) to I give petitioner 6 months to resolve code case and then BCC could consider waiving fees - Approved 4/1 (Commissioner Halas opposed) B. A Resolution of the Board of County Commissioners in support of Congressional action regarding Property Assessed Clean Energy (PACE) programs. (Commissioner Coletta's request) Resolution 2010-196 Adopted - 5/0 C. Appointment of members to the Black Affairs Advisory Board. Resolution 2010-197: Appointing Paul L. Getter and Lisa F. Cannon- Adopted 5/0 D. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. Resolution 2010-198: Appointing Robert F. Messmer - Adopted 5/0 E. Appointment of members to the Historical and Archaeological Preservation Board. Resolution 2010-199: Re-appointing Elizabeth Perdichizzi and Craig Woodward - Adopted 5/0 F. Appointment of members to the Affordable Housing Advisory Committee. Resolution 2010-200: Re-appointing Stephen J. Hruby, Sally A. Masters and Kenneth Kelly and Appointing Stuart Warshauer - Adopted 5/0 Page 5 September 28, 2010 10. COUNTY MANAGER'S REPORT A. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) Approved - 5/0 B. Recommendation to review and approve the FY20 11 Annual Work Plan for the County Manager. (Leo E. Ochs, Jr., County Manager) Approved - 5/0 C. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2011 at a cost of$1,041,300; a reduction of $52,200. (Dan Summers, Bureau of Emergency Services Director) Approved - 5/0 D. Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Flood, Aircraft, and other insurance and related services for FYll in the amount of$I,718,637; a reduction of$100,125. (Jeff Walker, Risk Management Director) Approved - 5/0 E. Recommendation to adopt a Resolution replacing and superseding Resolution 2010-25, the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, in order to increase Boat Launch Facilities fees from $5 to $8 at all Collier County Parks and Recreation Department Parks and Marinas. (Barry Williams, Parks and Recreation Director) Resolution 2010-201 w/public notification and setting the effective date as November 1,2010 - Adopted 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney. Approved - 5/0 Page 6 Septem ber 28, 2010 B. Recommendation that the Board of County Commissioners review and approve the proposed FY 2010 - 2011 Action Plan for Jeffrey A. Klatzkow, County Attorney. Approved - 5/0 i I C. Recommendation that the Board of County Commissioners indicate its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, and fix the end date of the first extension term as September 30, 2013. Approved - 5/0 Moved from Item #16K5 (Per Commissioner Henning during Agenda Changes) D. Recommendation to adopt a Resolution designating the proposed Vanderbilt Drive Greenway, from Illth Avenue North to Bonita Beach Road, as The Frank Halas Greenway. Resolution 2010-202 Adopted - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. ST AFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Halas - Productivity Committee's suggestion for a surrounding county economic incentive comparative study - will be brought back as an agenda item after the County Manager meets with staff and fellow community economic partners - Consensus B. Commissioner Coyle - Policy regarding conflicts handled by the Board C. Commissioner Coletta - Requesting the Chair write letters inviting public participation at upcoming informational meetings on the GGAMP & Everglades Interchange Plan D. Commissioner Coletta - A staff report on new Fire District Building E. Commissioner Henning - Cable provider expansion in Collier County F. Commissioner Henning - Public comment policy G. 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 each item. If discussion is desired by a member of the Board, that item(s) will Page 7 September 28, 2010 . be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Ridgeport Plaza (Bluefish Japanese Steakhouse). W /release of any Utilities Performance Security (UPS) 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Veronawalk Phase 4C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Madison Park Phase Two Tract M and N Replat. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 4) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of City Gate Commerce Center, Phase Two Replat of Lots 5 and 6. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 5) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Quarry Beach Club Addition. Page 8 September 28, 2010 Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 6) Recommendation to approve final acceptance of the water and sewer utility facilities for ABC Fine Wine and Spirits. W/release of any Utilities Performance Security (UPS) 7) 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. This is a recommendation to approve for recording the final plat of Heritage Bay Vistas Subdivision, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 8) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Verona walk Phase 4D, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 9) Recommendation to accept and approve the completed alternative road impact fee calculation, the review conducted by Tindale-Oliver and Associates, Inc., serving as the impact fee consultant for Collier County, and the resulting Road Impact Fee rate of$10,937 per 1,000 square feet for the Naples Daily News building located at 1100 Immokalee Road. Also authorize a reimbursement of Road Impact Fees in the amount of$384,010 as a result of the revised impact fee calculation. As detailed in the Executive Summary 10) Recommendation to approve the second amendment to the agreement between Collier County and the Economic Development Council of Collier County for continuation of the Economic Diversification Page 9 September 28, 2010 Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2011, and authorizing the Chairman of the Board of County Commissioners to sign the amendment on behalf of Collier County. For a one-year extension, to continue from October 1, 2010 through September 30, 2011 11) Recommendation to authorize a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $43,244.35. Funds received from the following projects: Countywide Pathways, TIS Review and PUD Monitoring/Traffic Counts 12) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $950,000 for the design, construction, engineering and inspection of an experimental wildlife crossing on CR 846/Immokalee Road, approximately 2.5 miles east of Oil Well Grade Road. Resolution 2010-179 13) Recommendation to approve a work order in the amount of $234,046 to Camp Dresser & McKee, Inc. (CDM) for Contract #09-5262 County-wide Engineering Civil Transportation Stormwater for the Lely Area Stormwater Improvement Project (LASIP), Davis Boulevard and Weir Improvements (Project No. 51101). 14) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 256RDUE) required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: $9,450. Located on the south side of Golden Gate Boulevard, Unit 51 15) Recommendation to increase RFQ # 1 0-5414 - Sabal Palm Road Extension Project Delivery of Lime Rock Materials in the amount of $4,359.01 for a total bid of$52,799.01 to Better Roads. Additional lime rock needed to repair the road due to heavy rains Page 10 September 28, 2010 16) Recommendation to approve an Amendment to the FY 2011-2020 I Collier County Transit Development Plan (TDP) Ten Year Major Update. I Recommendations to the Alternative Transportation Department 17) Recommendation to recognize FY 2010-2011 State Public Transit Block Grant additional revenue in the amount of $720,259 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. Contract #AOW93/Project #410139-1-84-01 18) Recommendation to recognize FY 2010/2011 Federal Transit Administration Section 5311 additional revenue in the amount of $254,584 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. I I Contract #AOW89/Project #410120-1-84-29 i 19) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $358,800 for sidewalks on Boston A venue from 1 st Street South to 9th Street South. (Project #33122) Resolution 2010-180 20) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $750,000 for Intersection Improvements on SR 29 at Lake Trafford Road (Project #33124). Resolution 2010-181 21) Recommendation to award ITB # 1 0-5482R - Lely MSTU Irrigation Reuse Water Source Renovation to Hannula Landscape & Irrigation, Inc. in the amount of$54,480.95. B. COMMUNITY REDEVELOPMENT AGENCY Page 11 September 28, 2010 1) Recommendation to approve the submittal ofa 2011-2012 Florida Recreation Development Assistance Program Application, sponsored by the Florida Department of Environmental Protection, for a total amount of $200,000. (Companion to Item # 16B2). For the Bayshore Gateway Triangle CRA- Triangle Pond Neighborhood Pathway Project 2) Recommendation that the Community Redevelopment Agency (CRA) approves a Resolution authorizing an amendment to the Bayshore Gateway Triangle CRA Redevelopment Plan Capital Improvement Program schedule to include the proposed Gateway Triangle Stormwater Pond Pathway project to comply with Florida Recreation Development Assistance Program grant application requirements. (Companion to Item # 16B 1). CRA Resolution 2010-182 C. PUBLIC UTILITIES 1) Recommendation to approve an Agreement with SMS Hezekiah, LLC, and accept a Right of Entry for a groundwater monitor well and environmental monitoring purposes in an amount not to exceed $6,550. Located at 220 2nd Street NE in Golden Gate Estates 2) Recommendation to approve the Satisfactions of Lien for the 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $38.50 to record the Satisfactions of Lien. Resolution 2010-183 3) Recommendation to approve a Policy Statement to collect monies owed to Collier County for the repair of utility and other assets damaged by vendors and contractors that are doing business with Collier County. 4) Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance Services, pursuant to RFP #10-5409 to Page 12 September 28, 2010 Diversified Drilling Corporation, All Webbs, Well Masters, Labelle Well Drilling, Southeast Drilling, and Youngquist Brothers, Incorporated in the estimated annual amount of $250,000. 5) Recommendation to extend Contract #06-3972 and add funds in the amount of $300,000 (estimated $60,000 annually) with Tele- Works, Inc., for ongoing system maintenance and enhancements to the Utility Billing and Customer Service Departments Interactive V oice Response Software System over a five year period. D. PUBLIC SERVICES 1) Recommendation to approve a request to apply and accept a Home Depot Grant in the amount of$12,000 for improvements to East Naples and Eagle Lakes Community Parks. For 12 shade structures and four player's benches 2) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SA WCC) providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (CoC) homeless assistance grant to aid with the cost of daily operations and supportive services provided by SA WCC. No general funds are being utilized for this CoC project. Award held until the expiration of the previous CoC grant award on July 23, 2010 3) Recommendation to approve a Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina at a first year's annual cost of $6,646.16. To construct and operate 16 boat slips, boat ramp and launch area Continued to the October 12,2010 BCC Meeting (Per Agenda Change Sheet) 4) Recommendation to approve the conveyance of a piece of land located at 425 1 st Street North, Immokalee, from Collier County to the David Lawrence Mental Health Center, Inc.; at no cost to the County. Page 13 September 28,2010 5) Recommendation to approve Annual Reports for years 2005 through 2009 to the Florida Department of Highway Safety and Motor Vehicles for the Choose Life Specialty License Plate and authorize the Chairman to sign the reports. Current distribution from the State will be $79,561.45 6) Recommendation to approve the submission of an application for a Criminal Justice, Mental Health & Substance Abuse Reinvestment Implementation Grant in an amount up to $750,000 from the Florida Department of Children & Families, authorize the Chairman to sign the application and attached assurances. Distributed over three years at $250,000 a year 7) Recommendation that the Board provides after-the- fact approval for the submission of the 2011 State of Florida Challenge Grant application, which was submitted to the Department of Children & Family Services Office on Homelessness (DCF) in the amount of $100,000. This grant application has no effect on ad valorem or general fund dollars. Deadline was September 1,2010 8) Recommendation to approve and execute documents necessary for the conveyance of water utilities, and the conveyance of an easement for telephone and related services located at Goodland Boat Park, 750 Palm Point Drive, Goodland Florida, at a cost not to exceed $98. Project #80611.11 9) To approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (CCHHC) Subrecipient Agreement for the State of Florida Challenge Grant approved by the Collier County Board of County Commissioners (BCC) on December 15,2009 Item 16-D5. This amendment will allow for a revision of the Agreements budget in Exhibit A by moving funds between line items to allow CCHHC to fully expend Challenge grant funds. Total Challenge grant amount is unchanged. 10) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with St. Matthew's House for the Emergency Page 14 September 28,2010 Shelter Grant (ESG) project previously approved for United States Department of Housing and Urban Development (HUD) funding in the 2010-2011 Action Plan. The total amount of the federally funded grant is $95,097. There is no effect on ad valorem or general fund dollars. Grant #S-10-UC-12-0024 11) Recommendation to approve a final status report from the Lake Trafford Restoration Task Force; sunsetting this committee on September 28,2010. Restoration is almost complete and no additional funding is required 12) Recommendation to approve and authorize the Chairman to sign five (5) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $73,611.30. Deferring $14,591.26 (Lot 2, Regal Acres), $15,246.26 (Lot 69, Liberty Landing), $14,591.26 (Lot 11, Regal Acres), $14,591.26 (Lot 3, Regal Acres) and $14,591.26 (Lot 5, Regal Acres) 13) Recommendation to approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address of a previously recorded Agreement. For 13593 Koinonia Drive, Lot 79, Trail Ridge E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Lease Agreement with M.T. Club, Inc. for the installation and operation of County-owned communications equipment at a first year's rent of $1 00. Located at 60 West Pelican Street, Naples 2) Recommendation to authorize the submittal of a $15,000 Florida Fish and Wildlife Conservation Commission (FWC) Gopher Tortoise Page 15 September 28, 2010 Habitat Management Assistance Request to fund exotic plant removal at the Conservation Collier Railhead Scrub Preserve. To improve the habitat 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Assumption Agreement from Professional Staffing-ABTS, Inc. d/b/a Able Body Labor, to MDT Personnel, LLC, for temporary labor services. Due to the purchase of Able Body assets on September 2, 2010 4) Recommendation to award Bid # 1 0-5513 - Sublet/Parts Bid for Collier County to multiple vendors for Fleet Management services, repair parts, accessories, and end items with total expenditures estimated at $750,000 annually. 5) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as to 1/3 interest and Raymond and Terry Bennett also known as Terri Bennett, husband and wife, as to 1/3 interest and Frank J. Celsnak and Marlene J. Celsnak Trustees U/D/T dated 27th December 1991 as to 1/3 interest for 1.59 acres under the Conservation Collier Land Acquisition Program; at a cost not to exceed $16,500. Property located within the Winchester Head Multi-parcel Project 6) Recommendation to approve an Agreement for Sale and Purchase with Israel Oliva and Josefa Oliva, husband and wife for 1.14 acres under the Conservation Collier Land Acquisition Program; at a cost not to exceed $9,100. Located within the Red Maples Swamp Preserve Multi-parcel Project 7) Recommendation to approve an Agreement for Sale and Purchase with Remedios Kuntzevich for 2.73 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,000. Located within the Red Maples Swamp Preserve Multi-parcel Project 8) Recommendation to approve an Agreement for Sale and Purchase Page 16 September 28, 2010 with Jacob Vincent for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12,000. Located within the Winchester Head Multi-parcel Project 9) Recommendation to approve an Agreement for Sale and Purchase with Ocean Investment Management Corp., a Florida corporation, for 1.14 acres under the Conservation Collier Land Acquisition Program I at a cost not to exceed $12,000. Located within the Winchester Head Multi-parcel Project 10) Recommendation to adopt a resolution approving the 2011 Fiscal Year Pay and Classification Plan inclusive of additions, deletions or modifications from July 1, 2010 forward, and to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2011 Fiscal Year Pay and Classification Plan, using the existing Archer point-factor job evaluation system, subject to a quarterly report to the Board of County Commissioners. Resolution 2010-184 11) Recommendation to use contract RFP #07-4148 (Collier County Security Services) on a temporary basis for Energy Management (Building Automation) Services for an estimated amount of $50,000. 12) Recommendation to award Request for Proposal # 1 0-551 0, Annual Contract for General Contractor Services, to the following firms: ! Wright Construction Group, Inc.; Surety Construction Company; Vanderbilt Bay Construction, Inc.; Bradanna, Inc.; and PBS Construction, Inc. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting a Grant award for $79,355 for Emergency Management Program Enhancement and approve the associated budget amendment. Contract #11-BG-05-09-21-0l/CFSA #52.008 Page 17 September 28, 2010 2) Recommendation to approve a Memorandum of Understanding between Collier County and Marco Presbyterian Church to coordinate relief efforts at the time of a disaster. 3) Recommendation to adopt a resolution authorizing removal of 15,376 ambulance service accounts and their respective account receivable balances which total $11,549,642.92, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount was recognized and recorded as Bad Debt Expense during Fiscal Years 2006 and 2007, it cannot be removed without Board adoption of an authorizing resolution. Resolution 2010-185 4) Recommendation to authorize budget amendments appropriating approximately $306,198,545.35 of unspent FY 2010 grant and project budgets into fiscal year 2011. (Required Pursuant to Section 129.06 Florida Statutes) 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2010-186 G. AIRPORT AUTHORITY i I I 1) Recommendation that the Board of County Commissioners (BCC), i acting as the Airport Authority, approve and authorize the Chairman to execute the First Amendment to Contract #06-3903 Car Rental Service at the Marco Island Airport with Enterprise Leasing Company of Florida, LLC. Changing the concession fee to equal 150/0 of gross receipts of every customer rental agreement 2) Approve a request to write off uncollectible Accounts Receivable incurred by the Airport Authority in the amount of $830.98. 3) Recommendation to approve an after-the-fact acceptance of the attached Federal Aviation Administration (FAA) grant offer for $6,068,990 for construction of a taxiway and aircraft apron (south) at Page 18 September 28, 2010 the Marco Island Executive Airport, and associated budget amendments. Project #3-12-0142-008-2010 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement of meal expenditures at functions serving a Valid Public Purpose. Attended fact finding trip to The Jackson Laboratory from July 14, 2010 through July 18,2010 in Bar Harbor, ME. $72.60 to be paid from Commissioner Fiala's travel budget. ! For meal reimbursements 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended 2010 Excellence in Industry awards luncheon at the Naples Hilton on September 21, 2010 in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended The Public Relations, Marketing, and Advertising Professionals of Collier County (PRACC) Luncheon on September 16,2010 in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. Held at McCormick & Schmick's, 9114 Strada Place in the Mercato 4) Proclamation presented to the Marco Island YMCA acknowledging the new name as 'Y' across the world, and celebrating a "Brand New Day" on September 20,2010. Provided to Keith Dameron. Sponsored by Commissioner Fiala. Adopted I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 19 September 28, 2010 1) To obtain Board approval for disbursements for the period of I September 4, 2010 through September 10, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of September 11, 2010 through September 17, 2010 and for submission into the official records of the Board. 3) Recommendation to Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's Request. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of $69,900 for Parcels 121 & 721 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Boulevard (951) Project No. 65061) (Fiscal Impact $31,521.80) For an improved 0.0861 acre parcel needed for a temporary construction easement 2) Recommendation to approve a Stipulated Final Judgment in the amount of $67,250 for Parcel 809 in the lawsuit styled Collier County v. Myrtle Preserve, LLC., et aI., Case No. 07-0463-CA (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $91,717.50) To construct a portion of Lely Manor canal as well as a maintenance road alongside the canal 3) Recommendation to adopt a Resolution designating the Driver License Building at 725 Airport Road South as the Guy L. Carlton Driver License Building. Resolution 2010-187 4) Recommendation to adopt a Resolution designating the proposed Florida Power & Light greenway from north of Rattlesnake Hammock Road to Radio Road as the "The Rich King Memorial Greenway". Resolution 2010-188 Page 20 September 28, 2010 Moved to Item #12D (Per Commissioner Henning during Agenda Changes) 5) Recommendation to adopt a Resolution designating the proposed Vanderbilt Drive Greenway, from 111th Avenue North to Bonita Beach Road, as The Frank Halas Greenway. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION 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. This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item~ all participants are required to be sworn in. Recommendation to approve Petition V AC- PL2010-817, Hodges University, to disclaim, renounce and vacate the County's and the Public's interest in a 40-foot wide drainage easement over Tract-B on the plat of Northbrooke Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically depicted on Exhibit A, and accept the replacement drainage easement depicted and described on Exhibit B. Resolution 2010-189 B. Recommendation to adopt an Ordinance amending Ordinance No. 86-28, as amended, the Flood Damage Prevention Ordinance, to re-adopt Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009-59 and allowing for interim standards. Ordinance 2010-36 Page 21 September 28, 2010 C. Recommendation for approval to amend Ordinance No. 2009-32, as amended, (Environmental Advisory Council Ordinance), to maintain consistency with the Growth Management Plan (GMP) Conservation and Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8, and Land Development Code (LDC) amendment to subsection 10.02.02.A. Ordinance 2010-37 D. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members: DRICLO-PL2009-95: CDC Land Investments, Inc., represented by R. Bruce Anderson, Esquire of Roetzel & Andress, LP A, is requesting an essentially built-out agreement in order to close out the Collier Tract 22 Development of Regional Impact and be relieved of any obligations for the DR!. The property is located at the northeast corner of US 41 and Immokalee Road, in Section 22, Township 48 South, Range 25 East, Collier County, Florida.(CTS) Resolution 2010-190 E. 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. Recommendation to approve Petition V AC- PL201 0-965, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 20-foot wide Lake Maintenance Easement over Lot 36, of Park Place West, a subdivision according to the Plat thereof as recorded in Plat Book 17, Pages 32 and 33, of the Public Records of Collier County, Florida, situated in Section 15, Township 48 South, Range 25 East, Collier County, Florida, the subject portion of easement to be vacated is more specifically depicted and described in Exhibit A. Resolution 2010-191 F. Recommendation to approve the annual rate resolution to establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling center fees, residential multi-family and commercial waste collection fees for FY 11. This resolution adopts the rates that fund the FY11 budget for solid waste collection and disposal. Resolution 2010-192 G. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-PL2009-58 Largay Properties, LLC, represented by Richard D. Y ovanovich, Esquire of Page 22 September 28, 2010 Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., is requesting approval of a Conditional Use for a Collection and Transfer Site for Resource Recovery in the Agricultural (A) Zoning District pursuant to Collier County Land Development Code Subsection 2.03.01 A.l.c.12, The subject 5 acre tract is located on the east side of Pheasant Roost Trail, south of Frangipani Avenue in Section 15, Township 49 South, Range 27 East, Collier County, Florida. Resolution 2010-193 H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2010-194 I. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010-11 Adopted Budget. Resolution 2010-195 18. ADJOURN - Motion to 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 23 September 28, 2010