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Agenda 01/12/2010 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~).1' W 11 ,,\ AGENDA January 12, 2010 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Frank Halas, BCC Commissioner, District 2 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 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." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A 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 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 AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. December 1, 2009 - BCC/Regular Meeting C. December 15, 2009 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Advisory Committee Service Awards 5 Years: David Dunnavant, Development Services Advisory Committee George Hermanson, Development Services 2. Advisory Committee 10 Years: Marco A. Espinar, Development Services Advisory Committee Blair A. Foley, Development Services Advisory Committee John L. Pennell, Ochopee Fire Control District Advisory Committee 4. PROCLAMATIONS A. Proclamation recognizing Retrofit Southwest Florida. To be accepted by Jeff Johnson, Executive Director, Retrofit Southwest Florida. B. Proclamation designating January 18 - 24, 2010 as Purple Martin Week. To be accepted by Tom Burgess. C. Proclamation congratulating Hodges University for their 20th anniversary. To be accepted by Dr. Terry McMahan, President and Joe Turner, Public Relations Coordinator. 5. PRESENTATIONS A. Recommendation to recognize Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering & Construction Management Department as Employee of the Year for 2009. B. Selection of Chairman and Vice-Chairman. 6. PUBLIC PETITIONS A. Public petition request by Robert Pritt to discuss amending GMP, Urban Mixed-Use District, Davis Boulevard-County Barn Road Mixed-Use Subdistrict. B. Public petition request by Nick Lichter on behalf of Queens Park Community Services Association, Inc., to discuss removal of exotic plants from Hawaii Lake located in Queens Park. Item 7 and 8 to be heard no sooner than 1 :00 D.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 by Commission members. VA-PL2009-1162, Elke Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998 Irrevocable Trust, represented by Karen Bishop of PMS, Inc. of Naples, is requesting two after-the-fact variances for an existing screened pool enclosure that is an accessory structure to a single family dwelling. The first request is for a variance of 2.5 feet from the required rear yard setback of 15 feet as provided for in Section 8.16 of the Kings Lake Planned Unit Development (Ordinance Number: 82-52) to allow the existing accessory structure to remain at 12.5 feet from the rear property line. The second request Is for a variance of 2.41 feet from the required side yard setback of 7.5 feet as provided for in Section 8.16 of the Kings Lake Planned Unit Development (Ordinance Number: 82-52) to allow the existing accessory structure to remain at 5.09 feet from the side property line. The subject .26 acre property is located at 2454 Kings Lake Boulevard, In the Kings Lake Unit 3, in Plat Book 13, Pages 33 and 34 of the Public Records of Collier County, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This matter, which was originally advertised for January 12,2010, has been readvertised for January 26, 2010, and will be heard on such date. This item requires that all partIcipants be sworn in and ex parte disclosure be provided by Commission members: PUDA-PL2009-781: Craig T. Bouchard of Tennis Realty, LLC represented by Michael R. Fernandez, AICP of Planning Development Inc., is requesting an amendment to the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ord. No. 81-61) to revise the site development plan approval process for the transient lodging facilities accessory use and adding development standards for transient lodging facilities, by amending the development plan cover page; by amending Section II, Project Development, Subsection 2.3.B.; by amending Section IV, Tract B: Recreational Club Development, Subsection 4.3.B.3); by amending Section IX. Development Standards, adding Section 9.12, Transportation Improvements and any other stipulations or regulations that may result from the amendment process pertaining to transient lodging facility units within the 20 acre Tract B of the 153.7 acre project. The subject property is located on the west side of Airport-Pulling Road, between Pine Ridge Road and Golden Gate Parkway in Section 14, Township 49S, Range 25E, Collier County, Florida. (CTS) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Affordable Housing Advisory Committee. B. Appointment of members to the Golden Gate Community Center Advisory Committee. C. Appointment of members to the Collier County Code Enforcement Board. D. Appointment of members to the County Government Productivity Committee. E. Appointment of members to the Collier County Citizens Corps. 10. COUNTY MANAGER'S REPORT A. Recommendation to review and approve the projects proposed for the Collier County Fiscal Year 2011 Federal Legislative Agenda which will be presented to the Congressional Delegation in Washington, D.C. for federal funding consideration. (Debbie Wight, Assistant to the County Manager) B. Report to the Board identifying key financial elements impacting the FY 2011 budget policy including taxable values, millage rates, agency debt structure and other potential economic or legislative influences. (Mark Isackson, Corporate Financial Planning and Management Services, County Manager's Office) C. Status report and request for further direction on proceeding with a comprehensive efficiency study. (Kim Grant, Corporate Planning and Performance Improvement, County Manager's Office) D. To provide an update on the Conservation Collier Programs feral hog management activities at Pepper Ranch Preserve and recommend that the Board direct the County Manager, or his designee, to continue with feral hog management as outlined in the Pepper Ranch Preserve Interim Management Plan. (Melissa Hennig, Principal Environmental Specialist, Facilities Management) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item continued from the December 15, 2009 BCC Meeting. Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an Ordinance establishing the Habitat Conservation Plan Advisory Committee to assist the Board of County Commissioners in determining the feasibility of developing and implementing a Habitat Conservation Plan to protect red-cockaded woodpeckers in the North Belle Meade Overlay area. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water utility facility for The Galleria of Trade Center. 2. Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Grisel Diaz, Case No. 2007040121 relating to property located at 1119 Madison Avenue West, Immokalee, Florida. (Revenue Received $23,378.14) 3. Recommendation to approve, and authorize the Chairman to sign, two Satisfactions of Lien, related to impact fees, for two multi-family buildings at Heritage Bay, due to the deferred impact fees being repaid in full or replaced by individual deferrals related to specified units and qualified program participants, in accordance with the Affordable Housing Impact Fee Deferral Program, as set forth by Section 74-401 of the Collier County Code of Laws and Ordinances. 4. Recommendation to award Bid #10-5361, Demolition of Commercial Residential and Commercial Structures to Southwest Builders, Inc. and Gruelle Construction, Inc. 5. Recommendation to approve final acceptance of the water and sewer utility facilities for Tamiami Square. 6. Recommendation to direct the County Manager or his designee to amend the Consolidated Code Enforcement Ordinance (Number 2007-44), as reflected on the attached proposed amended ordinance, in order to clarify provisions relating to hearing and processing of citations before the Special Magistrate, and to advertise and bring back an amended ordinance. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of a Perpetual, Non-exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel 337RDUE) containing 3,600 square feet, which is required for the four-Ianing of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,330.00). 2. Recommendation to approve the purchase of 5 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for Phase I of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase I (Fiscal Impact: $181,400.00). 3. Recommendation to approve the purchase of two temporary construction and access easements (Parcel Nos. 138TCAEl and 138TCAE2) and a drainage, access and maintenance easement (Parcel No. 138DAME) required for the construction of stormwater improvements known as the Lely Main Canal East.West phase of the Lely Area Stormwater Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $190,356.50. 4. Recommendation to approve the purchase of two temporary construction easements (Parcel Nos. 139TCEl and 139TCE2) and two drainage, access and maintenance easements (Parcel Nos. 139DAME and 142DAME) required for the construction of stormwater improvements known as the Lely Main Canal East-West phase of the Lely Area Stormwater Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $102,788.50. 5. Recommendation to approve the purchase of 1.64 acres of unimproved property which is required for the construction of the right-of-way corridor for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: $41,780.00). 6. To obtain the Board of County Commissioners approval to purchase unimproved property which Is required for the construction of a stormwater retention and treatment pond associated with Phase II of the Vanderbilt Beach Road Extension project. (Project 60168) (Fiscal Impact $21,740) 7. Recommendation to approve a Resolution authorizing an Amendment to the Traffic Signal Maintenance and Compensation Agreement between the Florida Department of Transportation and Collier County producing additional annual compensation to the County of $2,239 with 3% annual escalations. 8. Recommendation to approve Change Order #1 Earthtech Enterprises, Inc. for #09-5189 Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration in the amount of $37,924.43. 9. Recommendation to approve transfer fee waiver for Public Transportation service provided along Immokalee Road between Creekside and North Collier Hospital and to report on minor route changes in preparation to the arrival of larger new 35 buses for Collier Area Transit in March of 2010. C. PUBLIC UTILITIES 1. Recommendation to approve Agreement No. 4600001937 with the South Florida Water Management District for the Supplemental Collection of Surface Water Quality Samples in Collier County. (Estimated Revenue $60,000 annually). 2. Recommendation to accept a Release of Conservation Easement by the State of Florida Department of Environmental Protection (FDEP) at a site located on Livingston Road at Carlton Lakes Boulevard in Collier County, Florida, at a cost not to exceed $44.00, Project No. 74030. 3. Recommendation to reject Bid No. 09-5258 for the South County Water Reclamation Facility Odor Control Facilities Upgrades, Project No. 73969. 4. Recommendation to authorize submission of Amendment Two (2) to the State Revolving Fund Loan Agreement (DWllll 030) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP 12 MGD RO Plant Expansion, Project 700971 and authorize necessary budget amendments. (Fiscal Impact $5,839,056) D. PUBLIC SERVICES 1. Recommendation to approve and authorize the Chairman to sign, six (6) 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 $141,271.10. 2. This item continued from the December 15, 2009 BCC meeting. Recommendation to approve the FY05 and FY06 Annual Reports to the Florida Department of Highway Safety Motor Vehicles for the Choose Life Specialty License plate. 3. Recommendation to approve the submittal of the attached 4-H Foundation Inc. Grant Application requesting $70,080.00 for the 4-H Outreach Coordinators and the enhancement of outreach activities managed by the Collier County University of Florida /IFAS Extension Department. 4. Recommendation to approve and authorize the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve a budget amendment to recognize the grant revenue in the amount of $43,504.00 for the Nutrition Services Incentive Program (NSIP). 5. Public notice of intent to consider final disposition of Neighborhood Stabilization Program residential properties, consistent with the requirements of Collier County Ordinance No. 2009. 63 and 125.35(3), Florida Statutes. 6. Recommendation to approve the merging of two part time positions into one full time position, reclassify and place into a different grant fund for the Housing and Human Services Department. The fiscal impact is $70,137.50 from grant funds. No general funds will be used. 7. Recommendation to award RFP 09-5247 and authorize the Chairman to sign agreement between Collier County and Recreational Facilities of America, Inc., for food & beach concessions at Tigertall Beach. 8. Recommendation to authorize the County Manager, or his designee, to approve Change Order #3 in the amount of $95,820.00 to Quality Enterprises USA, Inc. contractor for the 951 Boat Ramp Parking Lot Expansion Project #80071.1 under Contract #08-5136 to provide additional scope of work in compliance with the FDOT (Right Of Way) permitting requirements and to approve a necessary budget amendment for $95,820. 9. Recommendation to approve a First Amendment to License Agreement with Kmart Corporation for the continued use of space for the Hl Nl vaccination campaign and to approve a Budget Amendment for one months rent of $25,000 to be reimbursed by the States Health Department. 10. Recommendation to direct the County Manager or designee to amend the Animal Control Ordinance, as reflected in the attached proposed amended ordinance, in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs, and to advertise and bring back an amended ordinance. E. ADMINISTRATIVE SERVICES 1. This item continued from the December 1, 2009 meeting and has been continued indefinitely. Recommendation to approve First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program. 2. Recommendation to approve payments in the amount of $85,954.26 to United Mechanical, Inc. for services rendered during the transition between two contract periods. 3. Recommendation to approve an Interim Management Plan for the Mcllvane Marsh Project under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 4. Recommendation to ratify additions and a modification to the 2010 Fiscal Year Pay and Classification Plan made from September 1, 2009 through December 31, 2009. 5. Recommendation to award RFP 09-5305, Architectural Services for Collier County to six firms: Schenkel & Shultz, Inc, CH2M Hill, Inc, Victor J. Latavish, Architect, PA, BSSW Architects, Inc., Disney & Associates, PA, and Harvard Jolly, Inc. 6. Recommendation to accept the Fiscal Year 2009 Grant Report providing an annual update of grant funding activity. 7. Recommendation to award ITB 09.5325, On-Call Electrical Repairs and New Installation to five firms. 8. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from Solid Resources, Inc., to OBriens Response Management, Inc., for FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance. 9. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 10. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from Naples Printing, Inc., to The PK Group, Inc., dlbla Allegra, for an annual contract for all Collier County printing and copying services. 11. Thatthe Board of County Commissioners awards RFQ No. 09-5350 Temporary Clerical Service to Kelly Services and terminates Mancan Inc. from RFQ No. 09-5350 Temporary Clerical Services. F. COUNTY MANAGER 1. Recommendation to approve a Memorandum of Understanding between Collier County Board of County Commissioners and the Collier County School District regarding disaster recovery in the Immokalee area utilizing the Immokalee Technical Center. 2. Approve Budget Amendments. 3. Approve and Adopt by Resolution a Local Mitigation Strategy (formerly the Hazard Mitigation Plan) for Collier County also applicable to its Municipalities. Copies of the Hazard Mitigation Plan are available for review at the County Managers Office, 2nd Floor, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and all Collier County Public Libraries. An on-line copy of the proposed Local Mitigation Strategy may also be found through the following link: http://www.colliergov.netll ndex.aspx?page=281 0 4. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the CRA Board to approve an after-the-fact submission of the Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) grant application in the amount of $2,877,945.00 to the Collier County Department of Housing and Human Services to fund the Implementation of the Tertiary Stormwater System Improvement Project for the Gateway Triangle Residential Area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Foundation For the Developmentally Disabled Holiday Party on December 6, 2009 In Naples, Florida. $20.00 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Leadership Foundation Holiday Party December 10, 2009 in Naples, Florida. $25.00 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Big Cypress Basin Holiday Luncheon on December 11, 2009 at the Big Cypress Basin offices In Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. 4. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Corkscrew Swamp Sanctuary Dinner & Roast for Ed Carlson on January 20,2010 at the Naples Hilton In Naples, FL. $125.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the League of Women Voters Monthly Meeting Luncheon on November 9, 2009 at Collier Athletic Club In Naples, FL. $20.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Marco Island Historical Society Grand Opening Celebration on February 4, 2010 at the Marco Museum on Marco Island, FL. $95.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Flotilla 95 Change of Watch Ceremony on January 7,2010 at the Marco Island Yacht Club on Marco ISiand, FL. $50.00 to be paid from Commissioner Fiala's travel budget. 8. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC Monthly Investor Meeting on January 6, 2010 in Naples, Florida. $25.00 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 December 5, 2009 through December 11, 2009 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of December 12, 2009 through December 18, 2009 and for submission Into the official records of the board. 3. To obtain board approval for disbursements for the period of December 19,2009 through December 25, 2009 and for submission Into the official records of the board. 4. To obtain board approval for disbursements for the period of December 26, 2009 through January 1, 2010 and for submission Into the official records of the board. K. COUNTY ATTORNEY 1. Authorize the making of an Offer of Judgment to Respondents, John and Angela Rippons, for Parcels No. 121 and 721 In the amount of $55,800 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-0752-CA (Collier Boulevard (951) Project 65061) (Fiscal Impact -0-). 2. Report with alternative recommendations to the Board of County Commissioners with respect to Section 8 of the Collier County Ethics Ordinance. 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. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PL-2009-0000170 First Haitian Baptist Mission, Inc., represented by Frederick E. Hood, AICP, of Davidson Engineering, Inc., is requesting a Conditional Use Number 7 of the Rural Agricultural (A) zoning district pursuant to Land Development Code (LDC) Subsection 2.03.01.A.l.c.7. The proposed Conditional Use will supplement the existing Resolution Number 93.190 by adding 1,550 square feet to an existing church building and a separate 19,281 square-foot general purpose building. The 4.59 acre site is located at 14600 Tamiaml Trail East in Section 12, Township 51 South, Range 26 East, Collier County, Florida. (CTS) B. This Item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by Timothy Hancock, AICP, of Davidson Engineering, Inc. is requesting a rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a 25,000 square-foot commercial retail and office development to be known as Fakahatchee Plaza CPUD. The 5.46.acre subject property Is located at the northwest corner of the Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6, Township 49 South, Range 28 East, Collier County, Florida. CTS C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009.10 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252.8383.