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Backup Documents 07/27-28/2010 RecapCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA July 27 -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 (absent July 28, 2010) 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. 2003-539 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 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." Page 1 July 27 -28, 2010 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 A. Dr. William Lone - Methodist Fellowship Church 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 B. June 8, 2010 - BCC /Regular Meeting Minutes Approved as presented — 510 C. June 8, 2010 - BCC /LDC Meeting Minutes Approved as presented — 5/0 D. June 22, 2010 - BCC /Regular Meeting Minutes Approved as presented — 510 Page 2 July 27 -28, 2010 E. June 24, 2010 - BCC /Budget Workshop Approved as presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Ivette Monroig, GMD- Zoning Services Presented 2) Matthew Vila, EMS Presented 3) Julio Ordonez, GMD- Engineering Presented B. 25 Year Attendees 1) Nancy Frye, GMD - Traffic Operations Presented 2) David Weeks, GMD- Comprehensive Planning Presented 3) Frank Millot, EMS Presented C. 35 Year Attendees 1) Edward Torroni, Parks & Recreation Presented 4. PROCLAMATIONS A. Proclamation designating August 16 - 20, 2010 as Florida Water Professionals Week. Copy to be accepted by Paul Mattausch and staff and copy being mailed to Timothy McVeigh, President, Florida Water and Pollution Control. Adopted — 5/0 Page 3 July 27 -28, 2010 5. PRESENTATIONS A. Presentation regarding the Florida Fish and Wildlife Conservation Commission sponsored Youth Hunt held at Pepper Ranch Preserve. To be presented by volunteer Huntmaster Wayne Jenkins. Presented B. Recommendation to recognize James Foster, Senior Field Inspector, Public Utilities Planning and Project Management Department, as the Employee of the Month for June 2010. Presented C. Recommendation to recognize John Veit, Emergency Management Coordinator, Bureau of Emergency Services, as the Employee of the Month for July 2010. Presented 6. PUBLIC PETITIONS Continued to the September 14, 2010 BCC Meeting (Per Agenda Change Sheet) A. Public Petition request by Mr. Anthony Brown regarding E- Verify. Withdrawn (Per Agenda Change Sheet) B. Public petition request by Phillip J. Smith regarding a tiered system of impact fees. C. Public petition request by Christopher J. Thornton, Esq. representing the Casa Grande on Vanderbilt Beach Condominium Association Inc. regarding pool renovation and related work. Staff to work with petitioner (petitioner will need to get a variance in order to obtain the CO) — Approved 5/0 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 Page 4 July 27 -28, 2010 July 28, 2010 A. Adopt a Resolution amending schedules one, two, and four through six of Appendix A to Section Four of the Collier County Ordinance No. 2006 -27, the Collier County Water -Sewer District Uniform Billing, Operating And Regulatory Standards Ordinance. This amendment includes proposed rates with effective date of October 1, 2010. Resolution 2010 -158 — Adopted 4/0 (Commissioner Henning absent) 9. BOARD OF COUNTY COMMISSIONERS Continued to the September 14, 2010 BCC Meeting (Per Agenda Change Sheet) A. J. Peaceful L.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning) B. This item to be heard at 10:00 a.m. Report from the Productivity Committee regarding their analysis of potential economic impacts and potential funding options for Jackson Labs project. (Commissioner Coyle) Motion that staff expeditiously explore any possible internal funding (or inter -fund transfer) options that could be made available for use before State Legislature has notified the County regarding commitment of any Federal funds — Approved 4/1 (Commissioner Henning opposed) C. This item to be heard at 1:30 p.m. Consider a request by Mayor Sammy Hamilton to discuss the possible acquisition of the Everglades Airpark by the City of Everglades City. (Commissioner Coletta) Motion directing staff to work with the Executive Airport Authority Director and bring back recommendations regarding conveyance of this property with stipulation that it remain an airpark — Approved 5/0 D. Appointment of two Collier County Commissioners and three alternates to the Value Adjustment Board. Resolution 2010 -146: Appointing Commissioner Henning and Commissioner Coletta with remaining Commissioners serving as alternates — Adopted 4/0 (Commissioner Henning absent) E. Appointment of member to the Contractors Licensing Board. Resolution 2010 -147: Re- appointing Michael Boyd — Adopted 4/0 (Commissioner Henning absent) Page 5 July 27 -28, 2010 F. Appointment of member to the Consumer Advisory Board. Resolution 2010 -148: Appointing John Kerns (a term expiring December 1, 2011) — Adopted 4/0 (Commissioner Henning absent) G. Appointment of member to the Environmental Advisory Council. Resolution 2010 -149: Appointing David Bishof (current alternate and for a term expiring July 28, 2013) — Adopted 4/0 (Commissioner Henning absent) H. Appointment of member to the Collier County Planning Commission. Resolution 2010 -150: Appointing Diane K. Ebert (a term expiring October 1, 2013) — Adopted 4/0 (Commissioner Henning absent) I. Appointment of members to the Horizon Study Oversight Committee. Resolution 2010 -151: Appointing Mark Teaters and Patricia Humphries with terms expiring April 28, 2012 — Adopted 4/0 (Commissioner Henning absent) J. Appointment of member to the Black Affairs Advisory Board. Resolution 2010 -152: Re- appointing Keith Upson — Adopted 4/0 (Commissioner Henning absent) K. Appointment of member to the Immokalee Enterprise Zone Development Agency. Resolution 2010 -153: Appointing Carrie Williams (for a term expiring April 4, 2011) — Adopted 4/0 (Commissioner Henning absent) L. Appointment of member to the Housing Finance Authority. Resolution 2010 -154: Re- appointing Michael J. Carr, Sr. — Adopted 4/0 (Commissioner Henning absent) (One Resolution to be prepared for Item #9M and Item #9N — Per County the Attorney's Office) M. Appointment of member to the Collier County Citizens Corps. Resolution 2010 -155: Appointing Margaret M. Lauzon (for a term expiring November 11, 2013) — Adopted 4/0 (Commissioner Henning absent) (One Resolution to be prepared for Item #9M and Item #9N — Per County the Attorney's Office) Page 6 July 27 -28, 2010 N. Appointment of member to the Collier County Citizens Corps. Resolution 2010 -155: Appointing James J. von Rinteln — Adopted 4/0 (Commissioner Henning absent) O. Appointment of members to the Emergency Medical Services Policy Advisory Board. Resolution 2010 -156: Appointing Rosemary LeBailly(ER Nurse — term expiring September 9, 2011), Dr. Todd Bethel (ER Physician — term expiring September 9, 2013) and Jerome J. Pinto (Pharmacist — term expiring September 9, 2011— Adopted 4/0 (Commissioner Henning absent) P. Appointment of member to the Southwest Florida Workforce Development Council, Region 24. Resolution 2010 -157: Appointing Beth Sterchi — Adopted 4/0 (Commissioner Henning absent) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 2:00 p.m. This item continued from the June 22, 2010 BCC Meeting. Recommendation to provide increased recycling services and household hazardous waste collection in North Naples by (1) authorizing staff to design and build a North Naples Recycling Center at a cost of $1,600,000; and, (2) approve the acquisition of 1 acre +/- of land from the Collier County Water -Sewer District by the Solid Waste Management Department at a cost of $414,000 for the construction of the recycling center; and (3) authorize the necessary budget amendment. These actions will save valuable landfill airspace, comply with the County's Growth Management Plan, and the Integrated Solid Waste Management Strategy by diverting recyclable materials from the landfill and protecting our natural resources. (Dan Rodriguez, Solid Waste Director) Motion to approve staffs recommendations — Approved 5/0 B. This item to be heard at 3:00 p.m. This item continued from the June 22, 2010 BCC Meeting. Recommendation to approve the award of RFP #10 -5455, Management Services Contract, for the Collier Area Transit (CAT) Fixed Route and Paratransit Programs to Limousines of South Florida, Inc. /Tectrans, Inc. for an estimated annual amount of $6,092,167. (Norman Feder, Growth Management Division Administrator) Page 7 July 27 -28, 2010 Motion delegating this item to a hearing officer with Board ratification after a rendered decision; McDonald Transit will be responsible for costs associated with the hearing officer — Approved 5/0 July 28, 2010 C. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2010/11 and Reaffirm the Advertised Public Hearing dates in September, 2010 for the Budget approval process. (Mark Isackson, Corporate Financial Planning and Management Services Director) Resolution 2010 -159: Setting the proposed millage rate levied as .7161 and confirming September 9, 2010 for the amended tentative budget public hearing date and September 23, 2010 as the final budget public hearing date — Adopted 4/0 (Commissioner Henning absent) D. Recommendation to consider approving the request by the Economic Development Council of Collier County to provide a waiver of the average wage requirements and Qualified Targeted Industry Tax Refund Program participation requirements in order to allow Haynes Corporation to be accepted into the Fee Payment Assistance Program, the Job Creation Investment Program, the Job Retention Investment Program and the Fast Track Regulatory Process Program for the expansion of their Corporate Headquarters in Collier County. (Fiscal Impact: $161,550)(David Jackson, Business and Economic Development Executive Director) Approved — 4/0 (Commissioner Henning absent); staff to come back with recommended changes to the current programs due to present economic conditions E. This item to be heard at 4:00 p.m. Recommendation to rescind the Administrative Stay of the requirement for Reduced Pressure Backflow Preventers on fire service lines, and require retroactive implementation of the requirement to June 8, 2010. (Jim DeLony, Public Utilities Administrator) Motion to continue until after DSAC recommendations have been heard and by the first BCC Meeting in September, 2010 — Approved 5/0 July 28, 2010 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Marco Espinar — not present Page 8 July 27 -28, 2010 12. COUNTY ATTORNEY'S REPORT Withdrawn (Per Agenda Change Sheet) A. Recommendation to approve a Resolution ordering and calling a Referendum Election to be held on November 2, 2010, within Collier County, to determine if the electors of Collier County, Florida, approve the issuance of Limited Tax General Obligation Bonds in an amount not exceeding $17,000,000.00, payable from an additional ad valorem tax not exceeding .1 mill, which bonds shall mature no later than five years from issuance, to be issued in one or more series, in order to finance the acquisition of approximately 22 acres of land adjacent to the Naples Zoo at Caribbean Gardens, for the purpose of expanding the zoo. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY July 28, 2010 A. This item to be heard on Wednesday, July 28, 2010 at 9:00 a.m., immediately following a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by the Board of County Commissioners acting as the Airport Authority Board of the three finalists for the position of Executive Airport Director. Motion to appoint Chris Curry to the position of Executive Airport Director — Approved 3/1 July 28, 2010 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Ochs — Request to send a thank you letter to Senator Nelson for his help with the I -75 Interchange Project B. County Manager Ochs — Letter from Seminole Tribe request regarding road inventory /possible funding for HW29 and Immokalee Rd.; Chair to send letter to Tribe acknowledging request C. County Manager Ochs — FEMA Maps have been received and public info meetings are scheduled for August 16 -20, 2010 D. County Manager Ochs — BCC will meet Nov. 9 and Dec. 14, 2010 Page 9 July 27 -28, 2010 E. Commissioner Coyle — TDC requests $1 Million for advertising from beach facility funds — staff to review & return with recommendations at a later date — Consensus F. Commissioner Coletta — Property Accessed Clean Energy (PACE) Chair to send letter of support to Feds pending County Attorney review G. Commissioner Coletta — Motion to name the Vanderbilt Greenway after Commissioner Halas to thank him for Board service — Approved 4/0 (Commissioner Henning absent) H. Adjournment — Approved 4/0 (Commissioner Henning absent) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and /or Adopted with changes — 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to adopt a Resolution that updates language and reduces certain fees within the Collier County Administrative Code Fee Schedule for development - related review and processing services as provided for in The Collier County Code of Laws and Ordinances, Section 2 -11. Resolution 2010 -130 Withdrawn (Per Agenda Change Sheet) 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Phase Three with the roadway and drainage improvements being privately maintained. 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. This is a recommendation to approve for recording the final plat of Artesia Naples, Phase 1. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter Page 10 July 27 -28, 2010 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. This is a recommendation to approve for recording the final plat of Lakoya, 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 final approval letter 5) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Kenneth Price and Penny Ann Price, Code Enforcement Special Magistrate Case No. CEAU2009011940, relating to property located at 6111 Cedar Tree Lane, Collier County, Florida. Waiving the $8,000.00 balance on the lien 6) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Israel and Delma Gallegos, Code Enforcement Board Case No. 2007060101, relating to property located at 1318 Pear Street, Collier County, Florida. Waiving the $11,800.00 balance on the lien 7) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jason Bottiglia, Code Enforcement Special Magistrate Case No. 2007100032, relating to property located at 102 Cedar Crest Court, Collier County, Florida. Waiving the $292,500.00 balance on the lien 8) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jeffrey A. Stolz, Code Enforcement Special Magistrate Case No. CEV20080012174, relating to property located at 3311 8th Avenue SE, Collier County, Florida. Waiving the $10,162.78 balance on the lien Page 11 July 27 -28, 2010 9) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Tereso Bautista and Emiliana Lopez Vasquez, Code Enforcement Board Case No. 2006100651 and Code Enforcement Special Magistrate Case No. 2005110328 relating to property located at 3545 23rd Avenue SW, Collier County, Florida. (Revenue received $559.10) Waiving the $106,050.00 balance on the lien 10) Recommendation to approve the partial release of four liens in the Code Enforcement Actions entitled Board of County Commissioners vs. Jill J. Weaver and Henry Tesno, Code Enforcement Special Magistrate Case Nos. 2007 - 110459, 2007 - 020244, 2006 - 081081 and 2007 - 080702, relating to property located at 3069 Lunar Street, Collier County, Florida. (Revenue received $3,368.87) As detailed in the Executive Summary 11) Recommendation for the County Manager or his designee to draft amendments to Ordinance No. 2009 -32, as amended (Environmental Advisory Council Ordinance), for future consideration by the Board of County Commissioners to maintain consistency with the Growth Management Plan and the Land Development Code. 12) Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $315,000 for a feasibility study with conceptual plans for pedestrian or bicycle facilities at the I -75 and Immokalee Road Interchange (FDOT Project #416237-1-38-01). Resolution 2010 -131 13) Recommendation to direct the County Manager, or his designee, to prepare an ordinance re- adopting Finished Floor Elevation criteria which were inadvertently repealed by Ordinance 2009 -59 and allowing for interim standards. As pertaining to the Flood Damage Prevention Ordinance Page 12 July 27 -28, 2010 14) Recommendation to accept from the Federal Transit Administration the Final Report for the FY2010 Triennial Review of the Collier County Board of County Commissioners Collier Area Transit. A review that evaluates grant management practices and program implementation conducted every 3 years 15) Recommendation to approve a Work Order for Shoulder Improvement project to Better Roads, Inc. for Immokalee Road (C.R. 846) west of Camp Keais Rd for approximately two miles in the amount of $212,270.84 Contract No. 09 -5197. 16) Recommendation to approve one (1) Adopt -A -Road Program Agreement with two (2) roadway recognition signs at a total cost of $150. With E & M Transportation Services for Randall Blvd, heading one mile west from Everglades Blvd. 17) Recommendation to approve an extension of a coordination agreement between Collier County, as Community Transportation Coordinator (CTC), and Eden Institute, Inc. for the provision of community transportation services to transportation disadvantaged clients. Extending the termination date of the agreement to May 26, 2012 18) Recommendation to approve the FY 2011 -2020 Collier County Transit Development Plan (TDP) Ten Year Major Update. Required to receive State Block Grant Funds for systems operations 19) Recommendation to approve the 2010 Urban And Community Forestry Grant Program Bid Number: RFP /DF- 09/10 -59 grant agreement in the amount of $24,500 to acquire pen tablet computers, update the existing tree inventory and train staff, recommend that the Chairman enter into a Resolution and Maintenance Agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry. Resolution 2010 -132 Page 13 July 27 -28, 2010 20) Recommendation to approve an amendment to a State Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to expand the limits of reimbursement and provide a resolution memorializing the Boards approval of the Amendment; authorize the Chairman to execute these agreements with Florida Department of Transportation to be used for construction of SR84 (aka. Davis Blvd), Project #60073 and SR/CR 951 (aka Collier Boulevard) Project #60092 to Magnolia Pond Drive. Resolution 2010 -133 21) Recommendation to provide after the fact approval for the submittal of a State of Good Repair (SGR) Bus and Bus Facilities grant application, for the amount of $10.4 million, to the Federal Transit Administration (FTA) for the Collier Area Transit (CAT) Intermodal Transfer Station at the Collier County Government Center. (Michelle Arnold, Alternative Transportation Modes Director) Applications were to be submitted by June 18, 2010 22) Recommendation to accept an All -Way Stop Warrant Study and approve the installation and operation of a 4 -Way Stop control at the intersection of Vineyards Boulevard at Arbor Boulevard, at an installation cost of approximately $13,000 with an annual maintenance cost of approximately $500. The County will be responsible for the operation and maintenance of the signs, pavement markers and warning devices at an annual cost of approximately $500 23) This item requires that ex carte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to accept a permanent drainage easement over a portion of Tract 4, Lely Resort, Phase One. 24) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement (Parcel 489RDUE), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $1,600). Folio #40745840006 Page 14 July 27 -28, 2010 25) Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement (Parcel No. 523RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,640). Containing 4,985 square feet of Folio #40749600103 26) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement (Parcel 402RDUE) containing 5,700 square feet more or less (0.130 acres), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,600.00). Folio #40933720006 27) Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 240RDUE) 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: $5,450. Consisting of 7,095 square feet of an improved 2.58 acre parent tract, Folio #39210320101 28) Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement (Parcel No. 363RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,911.00). Consisting of a 9,690 square feet portion of Folios #40927760001 and #40927840002 29) Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 319RDUE) which is required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal Impact: $2,000. A 2,925 square ft unimproved 1.17 tract (Folio #40920760008) Page 15 July 27 -28, 2010 30) Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 242RDUE) 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: $10,450. Consisting of 14,853 square feet of an improved 2.73 acre parent tract, Folio #39210380002 31) Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement (Parcel No. 238RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,215.00). Consisting of 7,095 square feet of Folio #39210320004 32) Recommendation to approve the purchase of a Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement (Parcel No. 481RDUE) which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $1,590.00). Consisting of 2,199 square feet of Folio #40744280007 33) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement (Parcel 512RDUE), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $866.00). Consisting of 1,500 square feet of Folio #40806480004 34) Recommendation to approve the purchase of a road right -of -way, drainage and utility easement (Parcel No. 354RDUE) and to accept the donation of a temporary driveway restoration easement (Parcel No. 354TDRE) which are required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040) - Fiscal Impact: $12,502 A 7,200 square ft. improved 2.81 acre tract (Folio #40925840004) Page 16 July 27 -28, 2010 35) Recommendation to approve an amendment to an easement agreement for the purchase of a road right -of -way, drainage and utility easement (Parcel No. 167RDUE) required for the expansion of Santa Barbara Boulevard from two lanes to four lanes between Copper Leaf Lane and Green Boulevard. (Phase II of Project No. 62081.) Estimated fiscal impact: None. Extending the closing date to October 29, 2010 36) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement Parcel 204RDUE) containing 4,515 square feet, which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $7,900). Consisting of 4,515 square feet of Folio #39203880001 37) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement (Parcel No. 390RDUE) containing 16,767 square feet, which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $10,800). Consisting of 16,767 square feet of Folio #40680200002 38) Recommendation to approve the purchase of a Perpetual, Non- exclusive, Road Right -of -Way, Drainage and Utility Easement (Parcel 488RDUE), which is required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $1,600). Consisting of 2,175 square feet of Folio #40745760005 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve Local Advisory Board members and CRA staff attendance at the Florida Redevelopment Association 2010 Annual Conference including payment of attendee's registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. Held in Orlando at the Peabody Hotel during October 13 -15, 2010 (five staff members and one advisory Board member will attend) Page 17 July 27 -28, 2010 2) Recommendation to approve budget amendment to cover reimbursement of $200,000 for infrastructure development costs to Florida Non Profit Services, Inc. for the rental housing portion of the affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. Split equally between Empowerment Alliance of Southwest Florida and Florida Non - Profit Services 3) Recommendation for the Community Redevelopment Agency (CRA) to approve a CRA Resolution amending the Bayshore Gateway Triangle Grant Programs for Fiscal Year 2011; approve the Grant Application processes; and approve the form of the individual Grant Agreements. CRA Resolution 2010 -134 4) Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) authorize the Agency Chair and/or the CRA Executive Director to execute all necessary documents to terminate the real estate contract connected with the planned purchase of certain commercial property located within the Davis mini- triangle; authorize a partial principal pre - payment of $1,114,000 from the Bayshore Gateway CRA Trust Fund (187) on the outstanding $13,500,000 Fifth Third Bank loan; direct the County Attorney and Nabors, Giblin & Nickerson, as bond counsel, to prepare any required amending loan documents and authorize all necessary budget amendments. Due to the ongoing environmental clean -up activity for property located at 2069 Davis Blvd C. PUBLIC UTILITIES 1) Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Riverwood community at a recording cost not to exceed $1,500, Project #71010.5. Folio #01010101010 Page 18 July 27 -28, 2010 2) Recommendation to award Contract #10 -5485, Engineering Technical Support and Financial Consulting Services for the Solid Waste Management Department to CH2M Hill, Inc.; URS Corporation South; R.W. Beck Inc., an SAIC Company; Malcolm Pimie, Inc.; SCS Engineers; and Brown and Caldwell. A two year contract with two, one year renewal options 3) Recommendation to award a contract for Request for Proposal No. 10 -5479, Construction Engineering and Inspection Services for the North County Water Reclamation Facility Compliance Assurance Project, to Hole Montes for time and materials not to exceed an amount of $887,200 and approve a budget amendment, as Project #73950.1. 4) Recommendation to award Bid Number #10 -5518, Designated Driveways for Solid Waste, to B.Q. Concrete, L.L.C.; Neubert Construction Services, Inc.; and NR Contractors Inc. for the construction of designated driveways in Collier County. Due to the weight of the solid waste collection trucks, reinforcement is needed 5) Update the Board of County Commissioners on the status and progress of the Landfill Gas -to- Energy Facility that will beneficially use landfill gas from the Collier County Landfill to generate electricity and, in turn, generate new revenue for the County's Solid Waste Fund. As detailed in the Executive Summary 6) Recommendation to approve a License Agreement with Florida Power and Light for the continued use of right -of -way along Davis Boulevard for wastewater and reclaimed water mains at no cost to Collier County. Extending the agreement until September 30, 2037 7) Recommendation to award Bid No. 08- 5011 -20, Repair of Four Sludge Presses at the South County Water Reclamation Facility, to Mitchell & Stark Construction Co., in the base bid amount of $281,550 for Project No. 73969, South County Water Reclamation Facility Technical Support. Page 19 July 27 -28, 2010 8) Recommendation to approve Exhibit A -1 Contract Amendment 2 of the Master Agreement for Demand Side Management and Energy Efficiency Services Agreement with Florida Power & Light Company to add an energy conservation option and increase the contract amount by $219,816.60. Adding Solar Photovoltaic Panels at the SCRWTP D. PUBLIC SERVICES 1) Recommendation to approve Amendment No. 5 to the FDEP Cost Share Contract #05CO1 yearly monitoring cost reimbursement of the City of Naples /Collier County Beach Renourishment and authorize Chairman to sign Amendment No. 5. This contract amendment will result in a loss of $120,000 due to reduction in state cost share revenue. Due to 2010 Legislature reverting funds for this agreement 2) Recommendation to approve the Florida Fish and Wildlife Conservation Commission (FFWCC), Florida Boating Improvement Program (FBIP) Derelict Vessel Removal Grant Resolution and authorize the Chairman to sign the resolution. Resolution 2010 -135 3) Recommendation to approve the Category A Tourist Development Fund 183 Grant Applications for Beach Park Facilities for FY 2010/11 in the amount of $713,300. For the following: Bluebill Restroom, Vanderbilt Beach Restroom expansion, Tigertail Restroom & Walkovers and the Marco Beach Restroom & Access Improvements 4) Recommendation that the Board of County Commissioners provide after - the -fact approval for the attached Outreach Focused Special Congressional Initiative grant application that was submitted to U.S. Department of Health and Human Services, Health Resources and Services Administration, in the amount of $594,000 and, if awarded, to serve as the Fiscal Agent and to authorize the County Manager or his designee to negotiate an agreement with the Physician Led Access Network (PLAN) to implement the program. Grant applications were due by July 9, 2010 Page 20 July 27 -28, 2010 5) Recommendation to approve time and material Change Order No. 3 to Work Order No. 45- 100227 to address additional information requested by FDEP and the USACE for the Clam Pass maintenance dredging permit as outlined in the attached PBS &J proposal dated May 18, 2010; not to exceed $69,050 and authorize the County Manager or his designee to execute the Change Order. Contract #07 -4153, Project #195 - 90028.1 6) Recommendation to approve a time and material Work Order under Contract #09 -5262 for Yearly Physical Beach and Inlet Monitoring as outlined in the attached PBS &J proposal dated June 8, 2010 not to exceed $196,195.13; approve all necessary budget amendments and authorize the County Manager or his designee to execute the Work Order. Project #195 -90536 7) Recommendation to approve lump sum Change Order No. 1 to Work Order #45- 116723 under Contract #06 -3902 for revised scope of work for the Emergency Beach Berm renourishment just south of Doctors Pass as outlined in the attached CP &E proposal dated June 18, 2010 not to exceed $13,985; and authorize the County Manager or his designee to execute the Change Order. Project #195 - 90295.1 8) Recommendation to approve submittal of University of Florida - IFAS - Collier County Extension Family Nutrition Program 2011 plan and budget ($348,288.56) to continue nutrition education of eligible Food Stamp households in Collier County. 48.5% of SNAP recipients are children 9) Recommendation to approve the design engineering, project permitting and construction contract bidding along with the funding of $160,000 for the total engineering of a new Vanderbilt Beach park facility. Also requested is authorization for associated budget amendments. 10) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the amount of $113,123 using 2009 -2010 Department of Housing and Urban Development (HUD) set -aside Page 21 July 27 -28, 2010 grant funds, which have been designated for a Community Housing Development Organization (CHDO). Florida Non - Profit Housing, Inc. (FNPH) is the CHDO which will receive the grant funds, and will use them for the acquisition and rehabilitation of affordable homes within Collier County. For the acquisition and rehabilitation of one home 11) Recommendation that the Board terminate the contract with White General Constructors Inc., Bid #08 -5114, for Naples Station Museum Phase III Restoration. Due to several problems with the contractor 12) Recommendation to approve a time and material Work Order under contract #09 -5262 for engineering to renourish the Marco South Beaches as outlined in the attached Coastal Engineering Consultants proposal dated June 7, 2010; for Tasks 1, 2, and 3 not to exceed $200,000; approve all necessary budget amendments and authorize the County Manager or his designee to execute the Work Order. Project #195 -80123 13) Recommendation to approve the Emergency Beach Berm renourishment project for the beach just south of Doctors Pass. The cost of this Emergency Beach Berm renourishment work is estimated at $136,306.18. Funds are not included to replant the dunes 14) Recommendation that a First Amendment to Lease Agreement with Golden Gate American Little League, Inc. for a 14 -foot by 20 -foot area next to the field at Max Hasse Community Park be approved. For the use of the concession stand and pitching wall E. ADMINISTRATIVE SERVICES 1) Recommendation to authorize the necessary Budget Amendment for the emergency repair of the HVAC system at the Main Chiller Plant (Building K) in the amount of $170,406. To provide additional air conditioning tonnage and capacity during peak periods Page 22 July 27 -28, 2010 2) Recommendation to approve an Agreement with Matrix Absence Management, Inc. for the administration of Short Term Disability Claims in the amount of $55,440 per year. A third party is required to administer claims due to the program being self funded 3) Recommendation to ratify an addition, a deletion and modifications to the 2010 Fiscal Year Pay and Classification Plan made from April 1, 2010 through June 30, 2010. 4) Recommendation to authorize the Chairman to approve all budget amendments associated with Modification No. 5 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401815JO21 to fund habitat restoration within Pepper Ranch Preserve SSA -7 in the amount of $212,600 (of which, $75,000 will be reimbursed by USFWS). For invasive exotic removal within a portion of the preserve that will not be used for County wetland or Panther Mitigation 5) Recommendation to authorize a $39,000.00 budget amendment appropriating TDC matching funds for eligible construction costs expended by the Freedom Memorial Fund (620) throughout FY 2010. 6) Recommendation to recognize and appropriate fingerprinting and FDLE background check revenues in the amount of $12,883.74 and special service revenues in the amount of $101,633.11 and approve all necessary fiscal year 2010 budget amendments. 7) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from James Lee Witt Associates, a part of Global Options Group, Inc., to Witt Group Holdings, LLC, for disaster recovery assistance. Associated with Contract #06 -4056 8) 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 2.73 acres under the Page 23 July 27 -28, 2010 Conservation Collier Land Acquisition Program at a cost not to exceed $23,200. For 2.73 acres located within the Red Maple Swamp Preserve Multi- parcel Project 9) Recommendation to award Bid #10 -5508 Tire Services to Dan Callaghan Enterprises Inc. dba Callaghan Tire and Wagner Tire dba Collier Tire & Auto Repair with annual expenditures estimated at $30,000 for tire services and $360,000 for new tire purchases. 10) Recommendation that the Board review the attached documentation of the work that was done for the County, determine as to both vendors that the payment sought fairly and equitably reflects the fair value of the work performed and materials furnished to the County, for which the County has benefited, and direct the Clerk of Courts to pay the attached invoices totaling $18,556.90. For work performed by PBS &J related to Vanderbilt Drive Pathway project and Coastal Planning and Engineering for physical monitoring services of North County beaches 11) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. For the period of May 19, 2010 through July 2, 2010 12) Recommendation to ratify the Selection Committees ranking of firms and contracts previously awarded in response to RFP #09 -5262; to declare a valid public purpose for payment of all work orders issued in good faith under RFP #09 -5262; and to approve an Administrative Procedure to be amended to the County's Purchasing Policy for the distribution of work under continuing contracts negotiated under the Consultants Competitive Negotiation Act or CCNA. As detailed in the Executive Summary 13) Recommendation to extend for six months Contract #07 -4168, Fixed Term Professional Environmental Consulting Services. To maintain uninterrupted biological consulting services with Johnson Engineering, Inc. until January 27, 2011 F. COUNTY MANAGER OPERATIONS Page 24 July 27 -28, 2010 1) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non -ad valorem Assessment) to be levied against properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including restoration of the mangrove forest, U.S. 41 berm, street signage replacements within median areas and landscaping improvements to U.S. 41 entrances. Resolution 2010 -136 2) Recommendation to approve the award of RFP #10-5478 and contract to Witt Group Holdings, LLC for an amount not to exceed $78,637 from prior approved grant funds to conduct best practice assessments and gap analysis for Emergency Management, Emergency Medical Services and MedFlight operations. 3) Recommendation to approve a Budget Amendment recognizing carry forward of accumulated interest from prior years EMS County Grants in the amount of $18,367.71 and appropriate expenditures in the same amount to upgrade field computers to support new technology. 4) Recommendation that the Board of County Commissioners approves a waiver of provision in CMA 5311 for serving in a decision - making capacity for an entity receiving direct or indirect funding from the Board of County Commissioners for Jack Wert to serve on the United Arts Council of Collier County Advisory Board and the Visit Florida Board of Directors and Florida Commission on Tourism. 5) Recommendation that the Board of County Commissioners approves a Tourist Development Tax Category B Grant Agreement #10 -5551 with the Naples International Film Festival, Inc. in the amount of $20,000 and authorizes the Chairman to sign the agreement. To promote the 2nd Annual Naples Film Festival that will be held November 4-7,2010 Page 25 July 27 -28, 2010 6) Recommendation to approve Agreement #10 -5534 between Collier County and Alan S. Maltz, photographer, to produce a series of original photographs of Collier County for use in tourism promotion and authorize the Chairman to execute the agreement in the amount of up to $90,000 or $30,000 per year for three fiscal years beginning in FY 2010. 7) Recommendation to approve a Resolution replacing and superseding Resolution No. 2005 -115 and directing that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No. 91 -27 are established at an equivalent millage rate amount as determined by the Board of County Commissioners annually in an amount up to .1500 mills. Resolution 2010 -137 8) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009 -10 Adopted Budget. Resolution 2010 -138 9) Recommendation to enter into an Interlocal Agreement with the Clerk of the Circuit Courts that defines the scope of services to be provided, creates a dispute resolution process and establishes the first year cost of $5,009,900. (Len Price, Admin. Services Division Administrator) As detailed in the Executive Summary G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approves and authorizes the Chairman to execute a Hole Montes Work Order under Contract #09- 5262 -AE in the amount of $35,366 for engineering consulting services required for the Runway 18/36 Lighting Rehabilitation Project at the Immokalee Regional Airport. For data collection, design and bidding 2) Recommendation to authorize Budget Amendments to allocate $53,600 in Immokalee Infrastructure Fund 497 for permit application fees for next phase of development at Immokalee Regional Airport. Page 26 July 27 -28, 2010 H. I. J. BOARD OF COUNTY COMMISSIONERS 1) 2) 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Opera Naples Behind the Scenes Tour of the new Opera Naples building on Linwood Avenue on June 25, 2010 in Naples, FL. $75 to be paid from Commissioner Fiala's travel budget. Located at 2048 Linwood Avenue Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended The Jackson Laboratory National Council Awards Dinner on July 16, 2010 in Bar Harbor, ME. $65 to be paid from Commissioner Fiala's travel budget. Proclamation designating June 29, 2010 as Conservancy of Southwest Florida Von Arx Wildlife Clinic Day. Presented at groundbreaking ceremony held June 29, 2010 by Ian Mitchell. Adopted 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended The Jackson Laboratory National Council Community Dinner (for the Bar Harbor community) July 15, 2010 in Bar Harbor, ME. $32.95 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of June 12, 2010 through June 18, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 19, 2010 through June 25, 2010 and for submission into the official records of the Board. Page 27 July 27-28,2010 3) To obtain Board approval for disbursements for the period of June 26, 2010 through July 2, 2010 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of July 3, 2010 through July 9, 2010 and for submission into the official records of the Board. 5) To obtain board approval for disbursements for the period of July 10, 2010 through July 16, 2010 and for submission into the official records of the Board. 6) Recommendation to authorize the Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and that the Board direct its Chairman to sign the Certificate Regarding Matching Funds. (Fiscal Impact: $5,416.47) 7) Recommend that the Board of County Commissioners approve the budget amendment for the Child Abuse /Sexual Predator Grant, #2010- ARRC - COLL - I -W7 -315 on behalf of the Collier County Sheriff s Office. 8) Request that the Board of County Commissioners accepts and approves capital asset disposition records for the time period April 1, 2010 through June 30, 2010. 9) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(x)(1) with the Board of County Commissioners. For the quarterly period ending June, 2010 10) Recommendation to approve a budget amendment recognizing interest earned in Supervisor of Elections Grant Fund 37005. Recognizing $4,582.61 in carry forward 11) Authorize expenditure of budgeted County Wide Capital Project Fund (301) money for the purchase of additional electronic poll books for the Supervisor of Elections Office from VR Systems, Inc., a sole Page 28 July 27 -28, 2010 source vendor, in the amount of $673,875. Money currently budgeted in 301 funds K. COUNTY ATTORNEY 1) 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 $59,900.00 for the acquisition of Parcel 151 in the Lawsuit styled Collier County, Florida v. TECH Foundation, et al., Case No. 03- 2499-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $15,000.00) For damages due to the roadway expansion onto the septic drainfield of the property 2) Recommendation to the Board of County Commissioners to execute a Settlement Agreement with CREATIVE CHOICE HOMES XIV, LTD. (Saddlebrook II) that settles in full the litigation styled as Board of County Commissioners v. Creative Choice Homes XIV, Ltd., et al., 10- 3308 -CA, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, and direct all the documents to be recorded in Official Records of Collier County, FL Payments will be accepted in order to recover impact fees deferred in the amount of $2,170,855.04 that were due on December 7, 2009 3) Recommendation that the Board of County Commissioners increase a purchase order for Carlton Fields, P.A. to exceed the $100,000 cap for the case John Carlo, Inc. v. Collier County, Florida, Case No. 07-311 - CA (Immokalee Road Improvement Project No. 66042) (Fiscal Impact an additional $150,000). 4) Recommendation that the Board of County Commissioners increase a purchase order for Carlton Fields, P.A. to exceed the $100,000.00 cap for the case Collier County v. John Carlo, Inc., Case No. 09- 8724 -CA. (Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal Impact an additional $125,000.00) Page 29 July 27 -28, 2010 5) Recommendation to approve a Stipulated Order and Joint Motion Awarding Expert Fees and Costs in the amount of $13,332.50 for Parcel 825 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et al., Case No. 07- 5038 -CA (Lely Area Stormwater Improvement Project No. 5110 1) (Fiscal Impact $13,332.50) Parcel #825 6) Recommendation that the Board of County Commissioners increase a purchase order for Grant, Fridkin, Pearson, Athan & Crown to a total of $65,000.00 for the case of Ker Enterprises, Inc., d/b /a Armadillo Underground v. APAC- Southeast, Inc. v. Collier County, Case No. 09- 8724 -CA. (Vanderbilt Beach Road Project No. 6305 1) (Fiscal Impact an additional $25,000.00) 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 ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Petition SNR- PL2009 -2385, Imperial Golf Estates Homeowners Association c/o Platinum Property Management, represented by Chris Hagan of Johnson Engineering, requesting to rename Marquis Boulevard to Entrada Avenue. The subject property is located in Section 13, Township 48 South, Range 25 East, in Collier County, Florida. Resolution 2010 -139 Page 30 July 27 -28, 2010 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. Recommendation to approve Petition VAC - PL2010 -524, to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Drainage Easement and Lake Maintenance Easement over Tract C of Caldecott, a subdivision according to the Plat thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public Records of Collier County, Florida, situated in Sections 21 and 28, Township 50 South, Range 26 East, Collier County, Florida, the subject portion of easement to be vacated is more specifically depicted and described in Exhibit A. Resolution 2010 -140 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2008 -AR -13375 North Naples United Methodist Church Inc., represented by Tim Hancock of Davidson Engineering, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum 1,900 seat Church and Church Related Facilities, a maximum 1,900 seat Civic and Cultural Facilities, a maximum 200 student School and a maximum 209 unit Adult Assisted Living Facility to be known as The North Naples United Methodist Church Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 13.0 acres, is located on the east side of Goodlette -Frank Road (CR -951) approximately 1500 feet north of Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. (CTS) Ordinance 2010 -27 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- A- PL2009- 2031: Rock Creek Holdings, LLC, represented by R. Bruce Anderson, Esquire of Roetzel and Andress, LPA and Tim Hancock, AICP of Davidson Engineering, Inc., is requesting a rezone from the Residential Planned Unit Development (RPUD) zoning district for a project that is currently known as the Meridian Village RPUD, to the Mixed Use Planned Unit Development (MPUD) zoning district for a project that will be known as the Meridian Village MPUD to allow for development of community facility uses Page 31 July 27 -28, 2010 including adult care centers, churches and up to 480 beds for assisted living facilities, continuing care retirement community facilities and/or independent living units or to allow for the site to be developed as a 120 -unit multi - family residential project including 15% of the total dwelling units as affordable workforce housing units and 5% of the total dwelling units as affordable gap housing units. The 11.68 acre subject property is located at the northwestern corner of the intersection of Airport- Pulling Road and Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier County, Florida.(CTS) Ordinance 2010 -28 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- PL2010 -277 (NG) Grace Place for Children and Families, Inc., represented by Matthew D. McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a Conditional Use in the Residential Single Family (RSF -3) Zoning District, with an ST /W -4 Special Treatment Overlay pursuant to Land Development Code (LDC) Subsection 2.03.02 A.l.c.3. The proposed Conditional Use will permit expansion of an existing church and school by adding a new 7,200 square -foot school. The 4.01 acre site is located at 4301 21st Street S.W. in Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. (CTS) Resolution 2010 -141 F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- PL2009 -45, Sara Barrera, requesting an after - the -fact variance of 8 feet from the required minimum front yard setback of 25 feet for the Residential Multi - Family (RMF -6) Zoning District as provided for in Section 4.02.0I.A. Table 2. 1, of the LDC. The 0.34 acre site contains a single family dwelling that encroaches 8 feet into the required 25 -foot front yard setback to 17 feet. The subject property is located at 202 Washington Avenue, Section 33, Township 46 South, Range 29 East, Immokalee, Florida. Resolution 2010 -142 G. This item was continued from the June 22, 2010 Board meeting. Recommendation to adopt an Ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance establishing regulations relating to public parks and beach access parking areas, and approve a companion Page 32 July 27 -28, 2010 Resolution designating certain areas owned or leased by Collier County as Public Park Parking or Public Beach Access Parking in accordance with the procedures set forth in said Ordinance. Ordinance 2010 -29 Resolution 2010 -143 H. Request for Board approval of an Amendment to Ordinance No. 08 -47 governing the towing, storage and immobilization of vehicles per Board direction at its June 8, 2010, meeting and to approve a Resolution superseding Resolution No. 2009 -271 to increase the current flat twenty -five dollar maximum vehicle immobilization rate to one hundred dollars. Ordinance 2010 -30 Resolution 2010 -144 I. Recommendation to adopt a resolution approving amendments (Appropriating carry forward, transfers and supplemental revenue) to the fiscal Year 2009 -10 Adopted Budget. Resolution 2010 -145 July 28, 2010 18. ADJOURN — Approved 4/0 (Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 33 July 27 -28, 2010