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Backup Documents 04/09/2013 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority Co i 0 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 09, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Chairman 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. Page 1 April 9,2013 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 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. Dr. Ronald Patterson - Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Approved and/or Adopted w/changes except #16D9 — 5/0; Motion to Approve #16D9 —Approved 4/1 (Commissioner Nance opposed) B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Adopted w/changes— 5/0 Page 2 April 9,2013 C. Approval of today's regular agenda as amended Approved and/or Adopted w/changes— 5/0 D. March 12, 2013 - BCC/Regular Meeting Minutes Approved as presented — 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating April 20-21, 2013 as Conservancy of Southwest Florida Grand Reopening Weekend. To be accepted by Andrew McElwaine, President and CEO, Conservancy of Southwest Florida. Sponsored by Commissioner Hiller. Adopted — 5/0 B. Proclamation designating April 2013 as Child Abuse Prevention Month and recognizing the Children's Advocacy Center for its life-changing work and service to the abused and neglected youth in Collier County. To be accepted by Jackie Stephens, CEO, Children's Advocacy Center. Sponsored by Commissioner Hiller. Adopted — 5/0 C. Proclamation designating April 2013 as Sexual Assault Awareness Month in Collier County. To be accepted by Michelle English, Executive Director, Project Help and Eileen Wesley, Victim Service Coordinator, Project Help. Sponsored by Commissioner Coyle. Adopted — 5/0 D. Proclamation designating April 21-27, 2013 as Crime Victim's Rights Week in Collier County. To be accepted by Angela Larson, Victim's Services Supervisor, Collier County Sheriffs Office and Betty Ardia-McGuire, State Attorney's Office. Sponsored by Commissioner Coyle. Adopted — 5/0 E. Proclamation designating April 2013 as Parkinson's Disease Awareness Month in Collier County. To be accepted by Michael and Gretchen Church, Parkinson's Action Network. Sponsored by Commissioner Fiala. Adopted — 5/0 Page 3 April 9,2013 F. Proclamation recognizing the Special Olympics of Collier County (SOCC) for its work in the community and to raise awareness of its cause. To be accepted by David McKenzie, County Coordinator, SOCC; Sue Palmer, Fundraising Director, SOCC; Fritz Sullivan, Marketing Director, SOCC; Matt Berman, Founder, Stand Up Paddle (SUP); MJ Weibling, SUP Coach; Taylor Masiero, SUP Head Coach; Viviana Pantoja, Athlete and Martin Grasser, Athlete. Sponsored by Commissioner Hiller. Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for April 2013 to Lutgert Insurance. To be accepted by Bud Hornbeck, President; Patty Hornbeck, Associate; Scott Lutgert, Owner; Steve Benza, Vice President; Marc Williams, Vice President; and Howard Gutman, Owner. Presented 6. PUBLIC PETITIONS A. Public Petition request from Randall J. Cohen regarding practices and procedures. Motion directing the County Attorney to take issues presented to the State Attorney's Office and the Florida Bar— Approved 5/0 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Randy Cohen — Blocker Settlement B. John Lundin — Hydraulic fracking Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration of Item #10H from the March 12, 2013 BCC Meeting titled: Recommendation that the Board of County Page 4 April 9, 2013 Commissioners direct staff to prepare solicitations for the post of County Medical Director and Deputy County Medical Director; that the positions of County Medical Director and Deputy County Medical Director be posted to accept applications by April 1, 2013; further, that staff bring back the slate of all applications received for the board's review and consideration by the first board meeting in May, 2013. The solicitation for the position of County Medical Director shall provide that the applicant shall not be affiliated directly, nor indirectly with any local hospital. The County Medical Director approves the county's emergency service protocols and as such all conflicts of interest in appearance and in fact must be avoided for ethical and legal reasons. (Commissioner Coyle) Motion to reconsider— Failed 2/3 (Commissioner Hiller, Commissioner Nance and Commissioner Henning opposed) B. Appointment of member to the Pelican Bay Services Division Board. Resolution 2013-87: Appointing Frank C. Dickson, II — Adopted 5/0 C. Appointment of member to the Affordable Housing Advisory Committee. Resolution 2013-88: Appointing Mark Strain —Adopted 4/1 (Commissioner Coyle opposed) D. Appointment of member to the Collier County Public Safety Authority. Resolution 2013-89: Appointing Dr. Matt Everett—Adopted 5/0 11. COUNTY MANAGER'S REPORT A. Recommendation to Award Bid #13-6040, "Doral Circle Water, Wastewater, and Stormwater System Replacement," in the amount of $2,368,450 to Denco Construction Inc., for rehabilitation of potable water, sanitary sewer, and stormwater management systems serving the Doral Circle Subdivision, Project Nos. 71010, 70046, 70043 and 60125. (George Yilmaz, Public Utilities Administrator) Approved — 5/0 B. Recommendation to direct staff to advertise and bring the Board a proposed ordinance providing for an additional homestead exemption for certain qualifying senior citizens pursuant to passage of Florida Constitutional Amendment 11 on November 6, 2012. (Mark Isackson, Corporate Financial and Management Services Director) Approved — 5/0 Page 5 April 9,2013 C. Recommendation to approve the position description, salary range and employment agreement for the Collier County Hearing Examiner. (Len Price, Administrative Services Administrator) Approved — 4/1 (Commissioner Coyle opposed) D. Recommendation to authorize the conversion of twelve permitting and inspection job bank positions to full time equivalent positions for Fund 113, five plan review and inspection job bank positions to full time equivalent positions for Fund 131, and one new full time equivalent position for Fund 113. (Nick Casalanguida, Growth Management Administrator) Motion to approve and direct staff to provide an analysis of revenue vs. support cost for future fee adjustments — Approved 5/0 E. Recommendation to accept a priority listing, installation schedule and project budget for emergency vehicle pre-emption and confirmation beacons on the Collier County traffic signal system. (Nick Casalanguida, Growth Management Administrator) Approved — 5/0 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K3 (Per Agenda Change Sheet) A. Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release in the lawsuit entitled John E. Chandler v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 13-644-CA) for the sum of$1,474.50. Approved — 4/1 (Commissioner Fiala opposed); Discuss w/legislative delegation to clean up the loophole 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the Circuit Court's Office regarding Audit Report 2013-1 Parks and Recreation Freedom Park Cash Review. Motion to accept presentation and directing staff to review and respond to findings and request the Clerk's Office bring back an audit summary noting corrective actions taken —Approved 4/0 (Commissioner Coyle absent) Page 6 April 9,2013 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, review options, consider planning and business structures, and prepare to provide direction regarding the improvement of management and development of the real estate assets associated with the Collier County Airports, and especially the Immokalee Airport Planned Unit Development. Options to consider should include, but not be limited to, maintaining existing Airport Authority/Executive Director Structure, engaging a professional Real Estate Consultant, contract Real Estate Management, Long-term lease of real estate (Public-Developer Partnership), sale of real estate (Full Privatization) and/or any combination thereof. (Commissioner Nance) Motion requesting the County Manager to advertise an RFP to secure services of a professional real estate management firm to administer management responsibilities including leasing, marketing and development of commercial and industrial real estate at the county's airports — Failed due to no majority 2/2 (Commissioner Fiala and Commissioner Henning opposed) B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Ochs—July 23rd Meeting on summer schedule B. County Manager Ochs — "2013 Sunny Award" received by the County C. Commissioner Fiala — Bayshore CRA Executive Director Search D. Commissioner Fiala — Possible land to use for a remote control park E. Commissioner Nance — Limerock road conversion and a possible MSTU program to help fund road paving projects F. Commissioner Henning— Happy Birthday Commissioner Fiala G. Commissioner Henning— Tallahassee Consortium Meeting H. Commissioner Henning— North Naples Fire Department's interest regarding EMS; Motion for Chairwoman to send a letter to NNFD requesting they discuss consolidation with Golden Gate and East Naples Fire Departments —Approved 4/0 (Commissioner Coyle absent) I. Commissioner Hiller— Collier County's recent job creation award Page 7 April 9,2013 J. Commissioner Hiller—Regarding outsourcing real estate transactions K. Commissioner Henning— Motion to adjourn — Consensus 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/changes except #16D9 — 5/0; Motion to Approve #16D9 —Approved 4/1 (Commissioner Nance opposed) A. GROWTH MANAGEMENT DIVISION 1) Recommendation to adopt a resolution accepting dedications in the plat of Brooks Village as recorded in Plat Book 49, pages 27 and 28. (Collier Boulevard Project No. 68056.) Estimated fiscal impact: $540 per annum. Resolution 2013-82 2) Recommendation to award contracts to Stewart Title Company and American Government Services Corporation under Bid #13-6043, "Real Estate Title & Closing Services." For prospective right-of-way and other real property acquisitions 3) 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. (Ex Parte added per Agenda Change Sheet) Recommendation to approve for recording the final plat of Watercourse at Talis Park, (Application Number PL20120002768). Located in Section 7, Township 48 South, Range 26 East 4) 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. (Ex Parte added per Agenda Change Sheet) Recommendation to approve for recording the final plat of Sabal Bay Commercial Plat - Phase Four, AR-13453, approval of the standard form Construction and Maintenance Page 8 April 9,2013 Agreement and approval of the amount of the performance security. W/Stipulations 5) Recommendation to ratify and approve a Stipulated Final Judgment as to Parcel 124FEE as part of US-41 / Collier Boulevard Intersection Improvement Project No. 60116. Fiscal Impact: $39,000. Folio #25910000502 6) Recommendation to approve an Easement Agreement for the acquisition of a Drainage Easement (Parcel No. 271 DE) which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project (Project No. 51101). Estimated Fiscal Impact: $14,130. Folio #53002400008 7) Recommendation to approve the release of lien in the amount of $10,869.48 for payment of$1,569.48, in Code Enforcement Action entitled Board of County Commissioners vs. Eleanor D. Vander Meiden, Code Enforcement Case Number CEPM20120003507, relating to property at 346 Edgemere Way N, Collier County, Florida. For an unmaintained pool for a non-compliant period of 39 days and brought into compliance on September 18, 2012 8) Recommendation to approve the release of lien in the amount of $454,970.39 for payment of$44,570.39, in Code Enforcement Action entitled Board of County Commissioners vs. Elinord Pierre, Code Enforcement Case Number 2006050703, relating to property at 186 3rd Street, Collier County, Florida. For an illegal conversion of structure for a non-compliant period of 2,258 days and brought into compliance on January 3, 2013 9) Recommendation to approve the release of lien in the amount of $60,803.15 for payment of$6,753.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Primitivo Lara, Code Enforcement Case Number CEPM20090000375, relating to property located at 5020 27th Place SW, Collier County, Florida. For an unsafe building caused by fire for a non-compliant period of 218 days and brought into compliance on April 13, 2010 Page 9 April 9,2013 10) Recommendation to approve final acceptance of the water utility facility for North Collier Regional Park Children's Museum PL 20110000902, and WalMart Store Expansion PL 20110001308 and to authorize the County Manager, or his designee, to release the Utility Performance Security Bond (UPS) in the total amount of$4,441.71 and the Final Obligation Bond in the total amount of$8,000 to the Project Engineer or the Developer's designated agent. The utility infrastructure connected beyond the master meter is owned and maintained by the owner 11) Recommendation to award Bid #13-6034 "Naples Manor Sidewalk Improvements" for construction of sidewalk improvements on Floridan Avenue, Georgia Avenue, Hardee Street, and Jennings Street to Owen-Ames-Kimball Company in the amount of$730,996.08. For 5-foot sidewalks and driveway reconstruction to meet ADA requirements 12) Recommendation to receive and approve the Collier County Floodplain Management Plan 2012 Progress Report. As detailed in the Executive Summary 13) Recommendation to approve and authorize the Chairwoman to sign a Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Boulevard and reduce the permitting fees from $2,000 for a commercial large residential development to $200 for a residential landscaping site. Insuring the community will maintain the planting accordingly 14) Recommendation to accept a traffic signal study report on the intersection of Lake Trafford Road (CR 890) and N 19th Street in the unincorporated town of Immokalee and approve the programming of an intersection improvement and traffic signal installation at this intersection. (Project Nos. 60172 and 60016) The study calls for the installation of traffic signal and crosswalks 15) Recommendation to award Contract No. 13-6052 Coronado Canal and Gator Slough Canal Bridge Repairs to CSJ of SW Florida, Inc. in the amount of$460,261.95, Project No. 66066. For the construction/repair of both bridges Page 10 April 9, 2013 16) This item continued from the March 26, 2013 BCC Meeting. Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of$500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. For constructing 20 new 400 ton state-of-the-art artificial reefs B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Community Redevelopment Agency (CRA) Board approve a budget amendment to the Collier County Community Redevelopment Agency - Immokalee (CRA) Fund (186) budget that reestablishes funding for the CRA's Commercial Facade Improvement Grant Program. C. PUBLIC UTILITIES DIVISION Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet) 1) Recommendation to direct the County Manager or his designee to advertise an ordinance repealing and replacing the Collier County Reclaimed Water System Ordinance, Ordinance No. 98-37, as amended. Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet) 2) Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a substantial amendment for the FY2011-2012 Collier County U.S. Department of Housing and Urban Development (HUD) Action Plan amending Empowerment Alliance of SW Florida Homebuyer Education's project description to remove reference to a funding source not intended to be included. Page 11 April 9,2013 2) Recommendation to approve a substantial amendment to the FY2011- 2012 and FY2012-2013 Action Plan for repayment of U.S. Department of Housing and Urban Development (HUD) HOME Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe (FY2005-2006), and authorize necessary budget amendments. For repayment of federal grant funds that required the project be completed in 2007 3) Recommendation to approve seven (7) mortgage satisfactions for State Housing Initiatives Partnership (SHIP) loan in the amount of $51,610. For properties at: 4339 29th Ave NE, Naples; 3321 Olympic Drive, #611, Naples; 4201 22nd Ave. SW #93, Naples; 2873 Inlet Cove Lane W, Naples; 5-201 Windsor Place, #201, Naples; 653 Squire Circle #201, Naples and 1292 Allegiance Way, Immokalee 4) Recommendation to approve two (2) mortgage satisfactions for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, in the amount of$2,868.60. For properties at 177 Santa Clara Drive #7, Naples and 5116 Quail Roost Road, Immokalee 5) Recommendation to approve a substantial amendment for the FY2012-2013 Collier County U.S. Department of Housing and Urban Development (HUD) Action Plan amending the Youth Haven Safe and Secure Home for Collier Youth Program. For the rehabilitation of two cottages and upgrades including campus security, lighting and fencing 6) Recommendation to approve the electronic submittal of Senior Corps Retired and Senior Volunteer Program (RSVP) application for FY13- 14 grant funds in the amount of$54,522 with a required match of $23,367 to the Corporation for National and Community Service, for the continuation of the Collier County sponsored RSVP program, and authorize the necessary budget amendments. With the grant period July 1, 2013 thru June 30, 2014 7) Recommendation to award RFP #13-6014 Vanderbilt Beach Concession and authorize the Chairwoman to sign a contract with Page 12 April 9, 2013 Day-Star Unlimited, Inc. d/b/a Cabana Dan's. As detailed in the Executive Summary 8) Recommendation to accept the staff report regarding actions taken to enhance Payroll Time Controls within the Parks and Rec Department. As detailed in the Executive Summary 9) Recommendation to approve proposed changes that would repeal and replace the Animal Control Ordinance (Ordinance No. 2008-51, as amended) and direct the County Manager or his designee to advertise ordinance changes to be approved by the Board at a future meeting. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to reject Invitation to Bid (ITB) #13-6027 for Pest Control Services. 2) Recommendation to accept a Federal Emergency Management Agency Assistance to Firefighter's Grant Award in the amount of $82,669 with a local match of$4,351 for a total project cost of $87,020 to purchase new mobile and portable radios for the Ochopee Fire Control District. Replacing the aging mobile and portable radios in Ochopee 3) Recommendation to adopt a resolution authorizing the cancellation of 2013 taxes upon a fee-simple interest Collier County acquired by Personal Representative's Deed for Conservation Collier and without monetary compensation. Resolution 2013-83 4) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. Covering the period of February 20 thru March 20, 2013 F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2013-84 Page 13 April 9,2013 G. AIRPORT AUTHORITY 1) Recommendation to approve a Travel Request in the amount of $1,358 for the Airport Authority Executive to attend Florida Airport Council's Annual Conference and Exposition in Orlando, Florida. Is being held July 28 through July 31, 2013 H. BOARD OF COUNTY COMMISSIONERS 1) Advisory Board vacancies April 1-12, 2013. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on March 21, 2013. $18 to be paid from Commissioner Fiala's travel budget. Held at Hamilton Harbor Yacht Club, 7065 Hamilton Ave. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on March 28, 2013. $23 to be paid from Commissioner Fiala's travel budget. Held at Panera Bread, 13555 Tamiami Trail I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file with action as directed. Document(s) have been routed to Commissioners per their request and are available for review in the BCC Office until approval. 2) Advisory Board Minutes to file with action as directed. Document(s) have been routed to Commissioners per their request and are available for review in the BCC Office until approved. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 14, 2013 through March 20, 2013 and for submission into the official records of the Board. Page 14 April 9,2013 2) To obtain Board approval for disbursements for the period of March 21, 2013 through March 27, 2013 and for submission into the official records of the Board. 3) Recommendation to approve the use of$25,000 from the Confiscated Trust Funds to support the Collier 211 Campaign. Helping to reduce inappropriate 911 calls K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement with the business owner for West Stores, Inc., and L & R Ram, LLC, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding $110,000 which resolves all claims for Parcels 162DE and 162TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled Collier County v. Holistic Health Healing, Inc., et al., Case No. 12- CA-1756-CA and Parcels 157DE and 157TCE in Collier County v. L & R Ram, LLC, et al., Case No. 12-CA-1828-CA (US41 Ditch/Naples Manor Canal/LASIP Project #51101) (Fiscal Impact: $93,970). For taking of a parcel for the Stormwater Improvement Program 2) Recommendation to approve a Stipulated Final Judgment for complete and final settlement as to Parcels 174DE and 176DE, in the combined amount of$67,679.50, in the lawsuit styled Collier County v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples Manor Canal/LASIP Project No. 51101) (Fiscal Impact $33,479.50). For taking of a parcel for Naples Manor Canal/ LASIP Project Moved to Item #12A (Per Agenda Change Sheet) 3) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release in the lawsuit entitled John E. Chandler v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 13-644-CA) for the sum of$1,474.50. 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 Page 15 April 9, 2013 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve a resolution designating the Close-Out of twelve (12) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. Resolution 2013-85 B. Recommendation to approve a resolution designating the Close-Out of three (3) adopted Planned Unit Developments (PUDs) which have fully completed all or portions of their development and have constructed up to the authorized density and/or intensity, and have been found by county staff to have only one relevant transportation commitment remaining. Resolution 2013-86 C. 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. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development (PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 163± acres; and by providing an effective date. [PUDA-PL20120001225] Ordinance 2013-26 Page 16 April 9,2013 D. This item continued from the March 12, 2013 BCC Meeting and is further continued to the April 23, 2013 Meeting. 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. Recommendation to approve Petition VAC-PL20120002564, to disclaim, renounce and vacate the County and the Public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to approve the Grant of Easement to replace the vacated U.R.O.S. easement. E. Recommendation to adopt a single consolidated ordinance establishing the Collier County SHIP Local Housing Assistance Program for consideration by the Board at a future meeting, that repeals the State Housing Initiatives Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended). Ordinance 2013-27 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 17 April 9,2013