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Agenda 06/28/2011 Agenda Index COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority '-0'"'\ Ill",.. " r ( ",,^' ~.... ;,,\ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3'0 Floor Naples FL 34112 June 28, 2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman Georgia Hiller - 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 Executive Manager to the BCC prior to 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 often minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding 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, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112-5356, (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 A. Reverend Charles McCracken - Naples Alliance Church 2. AGENDA AND MINUTES A. Approval oftoday's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 8, 2011 - BCCjClosed Session Minutes C. May 24,2011 - BCCjRegular Meeting 3. SERVICE AWARDS A. EMPLOYEE 1. 25 Year Attendees a. Vickie Wilson, Parks and Recreation Pg.1-1 2. 30 Year Attendees a. Millie Kelley, Wastewater Pg. 2 - 2 b. Joseph Corbo, Road Maintenance Pg. 3 - 3 4. PROCLAMATIONS A. Proclamation designatiug Juue 28, 2011 as Dean R. Lind Day. To be accepted by Dean Pg. 4 - 4 R. Lind. Sponsored by Commissioner Coletta. B. Proclamation designating June 28, 2011 as The Home Depot and the Project Pg. 5 - 6 Volunteers Appreciation Day for their selfless contributions to the Eagle Lakes Community Park. To be accepted by Daniel Zurbrigg and Heather Figard. Spousored by Commissioner Fiala. C. Proclamation designating June 28, 2011 as Sgt Linda Pierre Day. To be accepted by Pg. 7 - 9 family members of Sgt. Pierre. Sponsored by Commissioner Coletta. 5. PRESENTATIONS A. Presentation by the National Weather Service declaring Collier County Storm Ready. Pg. 10 - 10 B. Presentation by SCORE on the "Business Impact 2011" Program. To be presented by Chick Heithaus and George Ahearn. (Commissioner Coletta) Pg.11-23 6. PUBLIC PETITIONS A. Public Petition request from Lyle McCandless regarding the requirement of building Pg. 24 - 26 permits for work at private hunting camps located in preserves. 7. BOARD OF ZONING APPEALS Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. ADVERTISED PUBLIC HEARINGS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. A. Thi" item has been continued to the lu(v 26.2011 Bee meeting. This item requires that ex parte disclosure be provided by Commission members. Should a heariug be held on this item, all participants are required to be sworn in. RZ-PL2009-25: The Gordon River Greenway Park - an Ordinauce of the Board of Couuty Commissioners of Collier County, Florida amendiug Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amendiug the appropriate zoning atlas map or maps by changing the zouing classification of the herein described real property from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C-3), Residential Multi-Family District 6 [RMF-6(3)] and Residential Multi-Family District 6 [RMF-6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by providing an effective date. The 123.6+/- acre subject property is located on the east side of Goodlette-Frank Road (CR-851) and south of Golden Gate Parkway (CR-B86), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Citizens Corps. Pg. 27 - 36 B. Appointment of member to the Contractors Licensing Board. Pg. 37 - 49 C. Recommendation to approve a Resolution of the Board of County Commissioners of Pg. 50 - 53 Collier County, Florida, encouraging the Departmeut of Defense, Congress and the President to intervene to ensure fair reimbursement rates to medical providers through the TRICARE system aud quality health care to our deserving active aud retired military personnel. (Commissioner Coyle) D. This item to he heard at 1:05 p.m. Discussion regarding a request to amend Pg. 54 - 113 Stewardship Easement Agreement; Tract: HCLRP SSA 8 as provided for in a paragraph ofthe Agreement Ameudmeut requested is to provide Grantor the ability to withdraw the Stewardship Sending Area (SSA) designation provided an application for such withdrawal is implemented within 6 months of approval of the amendment (Commissioner Coletta) E. Advisory Board Vacancies as advertised in the Press Release of June 22, 2011 Pg. 114 -117 10. COUNTY MANAGER'S REPORT A. This item to he heard at 11 :00 a.m. Recommendation to approve the application by Pg. 118 - 1B4 Arthrex, Inc. aud Arthrex Manufacturing, Inc. to participate in the Fee Payment Assistauce Program, the Job Creation Investment Program, the Advance Broadband Infrastructure Investment Program, and the Fast Track Regulatory Process Program. (Fiscal Impact Estimate: $2,282,969) (David Jackson, Executive Director, Business & Economic Development) B. Recommendation to award Agreement No. 11-5690 for Construction Engineering and Pg. 185 - 249 Inspectiou (CEI) and Related Services for SRB4 (Davis Boulevard) Radio Road to Collier Boulevard;SR84jSR951 Intersection Improvements; Collier Boulevard (SRjCR 951) north to Magnolia Pond Drive; and CR951 (Collier Boulevard) uorth to the Main Golden Gate Canal to Atkius North America, Inc; Project No. 60073 & No. 60092, Fiscal Impact $2,964,487.50. (Steve Ritter, Road Construction Mauager, Growth Management Division) C. Recommendation that the Board adopt criteria for review of couceptual plans and Pg. 250 - 257 designs for major capital projects. (Len Price, Administrative Services Administrator) D. Provide the Board of County Commissiouers (BCC) with an update of the draft Pg. 258 - 265 Administrative Code. (Fred Reischl, Senior Planuer, Growth Management Division) E. Recommendation that the Board of County Commissioners (BCC) approves a Land Pg. 266 - 270 Development Code Amendment Cycle. (Fred Reischl, Senior Planner, Growth Management Division) F. Recommendation to approve a Resolution establishing an outdoor burning ban in the Pg. 271 - 292 unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, the Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance. (Dan Summers, Director, Bureau of Emergency Services) 11. COUNTY ATTORNEY'S REPORT A. 12:00 P.M. Time Certain Notice qJClosed Session. Notice is hereby given that, pursuant Pg. 293 - 294 to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, JUNE 28, 2011. The session will be held for a time certain of 12:00 noon, in the Commission Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of (1) Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA; and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-1281-CA; now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. B. 1 :00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of (1) Jerry Blocker, et al. v. Collier County, Case No. OB-9355-CA; and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-1281-CA; now pending in the Circuit Court ofthe Twentieth Judicial Circuit in and for Collier County, Florida. Pg. 295 - 295 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY ANDjOR COMMUNITY REDEVELOPMENT AGENCY 14. PUBLIC COMMENTS ON GENERAL TOPICS 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. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve for recording the final plat of Vita Tuscana, Pg. 296 - 315 approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommendation to approve the purchase of five (5) acres of unimproved Pg. 316 - 334 property which will be required for the construction of a stormwater detention and treatment pond for Phase" of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase" (Fiscal Impact: $50,450) 3. Recommendation to approve and ratify Stafrs extension of Contract #06-3969 Pg. 335 - 361 with Stanley Consultants Inc and approval of Change Order #2 to Work Order #4500110440, requesting an additional 30 days to process the Consultant's final invoice for work completed on Gateway Triangle Stormwater Improvements, Project 51803. 4. Recommendation to approve an amendment to an easement agreement for the Pg. 362 - 372 purchase ofa 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: None. 5. Recommendation to provide after-the-fact approval for the submittal of a Pg. 373 - 394 Transportation Community and System Preservation Program (TCSP) Discretionary Grant Application for the construction of five new bridges in Golden Gate Estates in a total amount of$17,000,OOO. 6. Recommendation to execute the Non Emergency Transportation Medicaid Pg. 395 - 529 Contract for the State 2011/2012 fiscal year; authorize a budget amendment in the amount of $486,958 to recognize the Medicaid grant funds; authorize a budget amendmentin the amount of $137,270 in order to fund the Paratransit Transportation Disadvantaged program through the remainder of fiscal year 2011; and, to direct staff to work with the Local Coordinating Board to evaluate funding and service options for paratransit through Fiscal Year 2012. 7. Recommendation to approve the submittal ofa grant application in the Federal Pg. 530 - 555 Transit Administration (FTA) Financial and Grant Management System (TEAM Web) and authorize a budget amendment in the amount of $220,000 to recognize the 2008/2009 Congestion Management System/Intelligent Transportation Stakeholders (CMS/lTS) grant funds awarded to Collier Area Transit (CAT) for the purchase ofa vehicle to be used to provide service on a east-west corridor on the Fixed Route system. 8. Recommendation to approve and execute the FY2011/12 Transportation Pg. 556.591 Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged (CTD) in the amount of $625,170 with a local match of $69,450 and authorize the Chairman to sign the Agreement, a Resolution in support of the Agreement, and required budget amendments. Grant funds will be used to cover a portion ofthe operating expenses of the Transportation Disadvantaged Program. 9. Recommendation to authorize the use ofthe newly adopted "Warehouse" Road Pg. 592 - 609 Impact Fee rate for the United Materials, Inc. expansion project, if the Building Permit for the proposed construction is applied for prior to the effective date of September 1, 2011 forthe new/revised land use rates. 10. Recommendation to approve and ratify staffs extension of Contract No. 09- Pg. 610 - 616 5229 "Consultant Services for Collier County Signal Retiming Project" and a time extension Change Order to Work Order No. 4500113122 in order to process the Consultant's invoices for work completed. 11. Recommendation to approve a Resolution authorizing the Chairman of the Pg. 617 - 640 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 $550,963 for the installation of wireless detection equipment for the expansion of the adaptive traffic control system on Airport Road, from Club House Drive to Golden Gate Parkway. 12. Recommendation to approve an impact fee reimbursement requested by Two Pg. 641 - 645 Lakes Development, LLC, totaling $869,132.69, due to the cancellation of a building permit. B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Board of County Commissioners (BCC), actiug as the Community Redevelopment Agency (CRA), to approve the relocation of Immokalee eRA Office, approve the master lease with Barron Collier Pg. 646 - 661 Partnership, LLLP, and authorize the Chairman to sign the master lease agreement (3120 15th Street North, Unit 2,lmmokalee). 2. Recommendation for the Community Redevelopment Agency (CRA) to Pg. 662 - 673 authorize a budget amendment to recognize a reimbursement of$100,OOO from a Seller's escrow account to reimburse CRA Fund 187 for the work required to mitigate an environmentally contaminated site (4315 Bayshore Drive). 3. Recommendation for the Community Redevelopment Agency (CRA) to modify Pg. 674 - 695 an existing Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant by approving a time extension and increase the grant award in the amount of $20,000. (4097 Bayshore Drive, fiscal impact $50,000). 4. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 696 - 713 and execute a Landscape Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2705 Storter Avenue - $550) C. PUBLIC UTILITIES DIVISION 1. Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2011 tax year. 2. Recommendation to approve the Satisfaction of Lien for the 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the lien. Fiscal impact is $20 to record the Satisfaction of Lien. 3. Recommendation to approve, execute and record Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20 to record the Satisfactions of Lien. 4. Recommendation to approve the Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to record the Satisfactions of Lien. 5. Recommendation to waive competition and authorize a sole source contract renewal of $55,832 with GE Intelligent Platforms for utility facilities control system software support. This software is used in all Public Utilities Division treatment plants and distribution systems to control, monitor, and manage critical processes. Funding is available in Projects 72541 and 71056. D. PUBLIC SERVICES DIVISION Pg. 714 - 720 Pg. 721- 725 Pg. 726 - 731 Pg. 732 - 739 Pg. 740 -774 1. Recommendation to approve a waiver pursuantto CMA #5311(M), to authorize Pg. 775 - 779 the Parks and Recreation Director's participation and service as a member of the Early Learning Coalition of Southwest Florida, Inc. Board of Directors. 2. Recommendation to approve and authorize the Chairman to sign seven (7) 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 Habitat for Humanity to owner occupants with a continuing fiscal impact of $100,355.46. 3. Recommendation to approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that have been repaid in full. 4. Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 Commuuity Development Block Grant-Recovery (CDBG-R) Subrecipient Agreement with the City of Naples to be used towards landscaping improvements. 5. Recommendation to approve and authorize the Chairman to sign an amendment to the 2010-2011 Community Development Block Grant (CDBG) Sub recipient Agreement with the City of Naples in the amount of $120,434 in order to incorporate revisions to the original Subrecipient Agreement and complete improvements to Anthony Park. 6. Recommendation to approve the Memoraudum of Understanding between the Retired and Senior Volunteer Program (RSVP) aud its Participating Agencies (Volunteer Stations), endorse the standard form agreement and authorize the Housing, Hnman and Veteran Services Department Director to be the designated signatory to execute said document. 7. Recommendation that the Board of County Commissioners provide after-the- fact approval ofthe amendments between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., which reflects additional grant funding in the amounts of$60,OOO for the Community Care for the Elderly (CCE) program and $8,668 for the Alzheimer's Disease Initiative (ADI) program for FY10-11. 8. Recommendation to approve and authorize the Chairman to sign Amendment #1 for three (3) subrecipient agreements to the State of Florida, Department of Children and Families (DCF) 2011 Challenge Grant approved by the Board on March 8, 2011 (Item 16D4). Amendment #1 will allow for a full description of the DCF grantterms and conditions. 9. Recommendation to approve and authorize the Chairman to sign an amended Administrative Plan and Resolution for operating the Neighborhood Stabilization Program to conform with revised and newly issued rules, regulations, and guidance from the U.S. Department of Housing and Urban Development resulting from the enactment of the Wall Street Reform and Consumer Protection Act of 20 1 O. 10. Recommendation to approve budget amendments for the Museum totaling Pg. 780 - 839 Pg. 840 - 848 Pg. B49 - B57 Pg. 858 - 863 Pg. 864 - 870 Pg. 871 - 884 Pg. 8B5 - 1040 Pg.l041- 1068 Pg. 1069- $83,725.04 to recognize tourist development tax revenue received as a result of 1072 a class action lawsuit brought against on-line travel agencies for $62,441.04 and other miscellaneous revenues for $21,284 and appropriate funds for museum capital improvements. 11. Recommendation to approve the extension ofthe U.s. Department of Housing and Urban Development (HUD) entitlement FY 2010-2011 grant periods for the Community Development Block Grant (CDBG), HOME Investment Partuerships (HOME), and Emergency Shelter Grant (ESG) by ninety days thereby changing the FY10-11 fiscal period from July 1, 2010 through June 30, 2011 to July 1, 2010 through September 30, 2011, authorize the continued payment of grant expenditures, and change future fiscal periods for these grants to begin on October 1st and end on September 30th. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve Amendment No. 06 to the Agreement with Collier Couuty District School Board for the Driver Education Program to provide $196,200 in funding. 2. Recommendation to adopt a Resolution and approve a Lease Agreement with United States Senator Marco Rubio for use of County-owned office space during his initial term for annual revenue of $4,200. 3. Recommendation to authorize the Chairman to execute a letter to the South Florida Water Management District (SFWMD) giving Century Oil Inc., LLC permission to apply for a water use permit within the Caracara Prairie Preserve. 4. Recommendation to couduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update ou the Program's past activities. 5. Recommendation to approve a modification to the budget of the Energy Efficiency and Conservation Block Grant (EECBG) funded by the American Recovery and Reinvestment Act (ARRA), authorize the County Manager, or his designee, to reallocate the funding within the Board approved grant budget as necessary, and authorize the necessary budget amendments. The proposed modification reallocates budgeted funds from a traffic signalization activity and administrative costs to complete lighting retrofits in several county buildings. 6. Recommendation to approve the Pepper Ranch Preserve Final Management Plan under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 7. Recommendation to approve a Final Management Plan for the Gordon River Greeuway Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the plan. 8. Recommendation to approve a Final Management Plan for the Shell Island Pg. 1073 - 1079 Pg. 1080- 1098 Pg. 1099- 1106 Pg. 1107 - 1124 Pg. 1125 - 1159 Pg. 1160 - 1172 Pg.1173 - 1316 Pg.1317 - 1387 Pg. 1388 - Preserve under the Conservation Collier Land Acquisition Program and direct 1399 the County Manager, or his desiguee, to implement the plan. 9. Recommendation to approve a Right-of-Way Consent Agreement and Memorandum of Right-of-Way Consent Agreement from Florida Power & Light Company for access on, over and across a portion of Calusa Bay South property located off Goodlette Frank Road in Naples, Florida at an estimated cost not to exceed $50, Project Number 70062. 10. Correct Scrivener's error in bid tabulation for ITB No. 10-5573 "Traffic Sign Materials and Related Items". F. COUNTY MANAGER OPERATIONS 1. Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of $175,200. 2. Recommendation to approve a Memorandum of Understanding between Collier County and the Florida Division of Emergency Management in support of the placement and use ofa Resource Logistics Support Trailer. The trailer will be for shared use in the County and for other emergency situations in the region. 3. Recommendation to approve and authorize the Chairmau to sign au Agreement accepting the annual Emergency Management Preparedness and Assistauce Grant, in the amount of$91,805, to update the Strategic Housing Plan and to authorize the uecessary budget amendment 4. Recommendation thatthe Board of County Commissioners award Bid #11-5704 for the amount of$685,605 for Pelican Bay Commuuity Crosswalks to Bateman Contracting, LLP and to approve a budget amendment in the amount of $116,400. Source offunds is assessment revenue paid by District property owners within the MSTBU. 5. Report to the Board of County Commissioners covering budget amendments impacting reserves in an amount totaling $25,000 or less. 6. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010-11 Adopted Budget. G. AIRPORT AUTHORITY 1. Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute the attached tie-down standard agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport 2. Recommendation to approve attached Concessionaire Agreement between the Pg. 1400 - 1420 Pg. 1421 - 1428 Pg. 1429- 1442 Pg. 1443 - 1450 Pg.1451- 1482 Pg. 1483 - 1583 Pg. 1584- 1586 Pg. 1587 - 1590 Pg. 1591 - 1598 Pg. 1599 - Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation Service Operations at the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation designating July 25, 2011 as The Edgerrin James Foundation Football Day in Immokalee. Sponsored by Commissioner Coletta. 2. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended EDC 2011 Post-Legislative Delegation Luncheon at The Grill Room, Moorings Park, Naples, FL on May 25, 2011. $15 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier Building Industry Association's Membership Meeting on June 16, 2011 at OIde Cypress on Immokalee Road, Naples, FL. $16 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Advisory board minutes to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of May 28,2011 through June 3, 2011 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of June 4, 2011 through June 10, 2011 and for submission iuto the official records of the Board. 3. Recommendation that the Board of County Commissioners desiguate the Sheriff as the official applicant and point of contact for the U.S. Department ofJustice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FYll Local Standard grant, authorize the electronic submission of the application, accept the grant in the amount of $91,097 when awarded, approve associated budget ameudments and approve the Collier County Sheriffs Office to receive and expend 2011 JAG Standard grant funds. 4. Recommendation that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participatiou, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application in the amount of $13B,940 when completed, and authorize acceptance of awards and associated budget amendments. 1622 Pg. 1623 - 1624 Pg. 1625 - 1629 Pg. 1630 - 1633 Pg. 1634- 1637 Pg. 1638 - 1650 Pg. 1651 - 1666 Pg. 1667- 16B2 Pg. 1683 - 1691 5. Recommendation that the Board concur with the Clerk's intent to issue a request for proposal for the implementation of an accounts payable improvement solution for SAP and authorize use of existing funds in FY2011 and tentatively budgeted FY 2012. 6. To obtain Board approval for year two (2) of Contract #09-5270, "Auditing Services for Collier County", with Ernst and Young LLP, in order to provide for Fiscal Year 2011 external audit and authorize corresponding payment of $592,250 for services. K. COUNTY ATTORNEY 1. Recommendation to Approve Agreed Order Awarding Expert Fees and Costs in the Amount of $73,268.63 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier County v. NB Holdings Corporation, et a/., Case No. 06-065B-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $73,268.63) 2. Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $80,400 for acquisition of Parcels 838A and 838B and for all counter-claims of Respondent in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aI., Case No. 03- 2373-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $16,400). 3. Recommendation to approve a Settlement Agreement among all parties in the case styled Burgeson v. Collier County, et a/., Case No. 2:09-CV-220-FTM-99- DNF, now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. 4. Recommendation to authorize the County Attorney to file a lawsuit, including injunctive relief, on behalf of the Collier County Board of County Commissioners, against Flamingo Bend Nursery, Inc., regarding Code Enforcement Violations for illegal dumping, digging for irrigation permits without obtaining County permits and for illegal dumping upon a separate parcel of property. 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 ofthe 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 hearing be held on this item, all participants are required to be sworn in. SV- PL2010-1995, Walmart, a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a variance from Section 5.06.04.F.4 ofthe Land Pg. 1692 - 1693 Pg. 1694- 1721 Pg.1722- 1726 Pg.1727 - 1737 Pg.1738 - 1745 Pg.1746 - 1751 Pg.1752 - 17B3 Development Code concerning the number of permissible wall signs and granting a variance from Section 5.06.04.F.4.a concerning the maximum sign display area, which signs are located at 9885 Collier Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL2009-2496: Emmanuel Evangelical Lutheran Church - An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates (E) zoning district to a Community Facilities Planned Unit Development (CFPUD) zoning district for the project known as Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, to allow 90,000 square feet of uses to include worship/church and related social services, a 300 person child and adult day care facility, job training and vocational rehabilitation, a 450 person private school; or, in the alternative, development of single family residential dwelling units, located on the south side of Oil Well Road, in Section 19, Township 48 South, Range 28 East, Collier County, Florida, consisting of21.72+/- acres subjectto conditions; and by providing an effective date. c. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010-11 Adopted Budget 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Pg.1784- 1941 Pg.1942- 1944