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Agenda 04/28/2009 Change Sheet AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 14. 2009 Add Item 5C: Quarterly presentation from Sheriff Kevin Rambosk. (County Manager's Office request.) Item 12A continued to the Mav 12. 2009 BCC meetinll: This item to be heard at 12:00 Noon. Notice is hereby given that pursuant 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, April 14, 2009, at a time certain of 12:00 noon in the Commission conference room, 3'" Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Fiala'S request.) Item 12B continued to the Mav 12. 2009 BCC meetinll: This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Fiala's request.) Continue Item 16A12 to the Mav 12. 2009 BCC meetinll: Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Board's Rules and Regulations. (Staff's request.) Item 16B5: In the executive summary under Considerations, the ath line, the word "too" should be "to". (Commissioner Fiala's request.) Item 1604: In the executive summary, 2nd paragraph under Considerations it states: "Timing of the DRI funding availability could not accommodate the construction schedule for the Transitional Housing Project. The SAWCC has completed this project with other funding for these activities, and the project no longer requires DRI funding". The subrecipient agreement for this project approved by the Board on June 24, 2008, Item 16023, is hereby cancelled. (Staff's request.) Withdraw Item 1608: Recommendation that the Board of County Commissioners award bid #09-5221, Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc. in the amount of $344,259 to provide replacement homes using Disaster Recovery Initiative funds to four (4) citizens whose homes were severely damaged as a result of Hurricane Wilma. (Staff's request.) Move 16K5 to 12C: Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch. 112, Florida Statutes. (Commissioner Coyle's request.) NOTE: At the March 28, 2009 BCC meeting, the Board authorized the Chair to send a letter to the South Florida Water Management District (SFWMD) requesting that a representative make a presentation to the Board at the April 14, 2009 meeting regarding the status of their efforts to secure an ATV site. SFWMD officials have informed staff that they are compiling information to offer a more comprehensive status update, and have asked to make a presentation at the May 12, 2009 Board meeting. Time Certain Items: Item 10C to be heard at 11:30 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., Realty Net Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The Developers) and Collier County to fund construction improvements to the intersection of US-41 and SRlCR-951. Item 100 to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve budget amendments associated with proposed mid-year FY 2009 budget reductions totaling $7,235,800 within the General Fund (001) due to anticipated reductions in actual property tax receipts, state shared revenues and sales tax revenue. 4/14/20098:38 AM AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 28. 2009 Add On Item 5B: Presentation regarding the Swine Flu outbreak, by Dr. Joan Colfer, Collier County Public Health Director. (Staffs request.) Add On Item 10A: Recommendation that the Board of County Commissioners adopts a Resolution in opposition to drilling for natural gas and oil within three miles of the shoreline of Florida. (Jack Wert, Tourism Director.) Move Item 1603 to 10B: Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2009-2010 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs; authorize the BCC chairman to sign the approved resolution, contract templates required HUD Certifications, SF 424 Application for Federal Assistance, and submission to HUD. (Staffs request.) Withdraw Item 16G1: Recommendation to award RFP #09-5154 to RWA, Inc., for the purpose of updating the Bayshore Gateway Triangle CRA Redevelopment Plan and mixed use overlays (Fiscal impact $263,500). (Staffs request due to formal protest.) Continue Item 17C to the Mav 12. 2009 BCC meeting: VA-2008-AR-13977 Tim Chess of McDonalds USA, LLC, represented by Jeffrey Satfield of CPH Engineers, Inc., is requesting a variance from the landscape requirements of Land Development Code Subsection 4.06.02, Buffer Requirements, in the General Commercial (C-4) and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD), to allow a modification of the required 7.5-foot wide buffer on the western side of the property; and to reduce buffer widths on the property's northern side from 15 feet to ten feet, the eastern side from 7.5 feet to five feet, and the southern side from 10 feet to five feet. The 0.86- acre subject property is located at 2886 Tamiami Trail East, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Petitioner's request.) 4/28/20098:57 AM