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Agenda 09/15/2009 Change Sheet Agenda Changes Board of County Commissioners Meeting September 15, 2009 Item 4A: The last sentence in the title of this Proclamation should read, "Big Corkscrew" Fire Department, rather than "Big Cypress" Fire Department. (Staff's request.) Add On Item 50: Presentation by John Smarge, Rotary Club International. (Commissioner Fiala's request.) Item aA to be continued to the October 13. 2009 BCC meetine:: PUDZ-2008-AR-14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUG, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a 764,524 square-foot continuing care retirement community (CCRe) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located in Section 1, Township 49S, Range 25 E, Collier County, Florida. (Petitioner's request.) Item aB to be continued to the October 13. 2009 BCC meetine:: PUDA-2008-AR-14090 LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes, Inc, and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (Petitioner's request.) Item ac to be continued to the October 13. 2009 BCC meetine:: PUDA-2008-AR-14092 (JDM) LCS Development LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (Petitioner's request.) Item 9B: Backup material was omitted from the agenda packet. Copies have been distributed and made available for review. (Staff's request.) Add On Item 12C to be heard at 12:00 Noon (followine: Item 12A): 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, SEPTEMBER 15, 2009, at a time certain of 12:00 noon (following Item 12A), in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James V. Mudd (or in his absence, Deputy County Manager Leo Ochs), County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures and settlement negotiations in the pending case of Board of County Commissioners v. Owie:ht E. Brock. Clerk of Courts. Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Add On Item 120 to be heard at 1:00 D.m. (followine: Item 12B): For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to litigation expenditures and settlement negotiations in the pending case of Board of County Commissioners v. Owili!:ht E. Brock. Clerk of Courts. Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 9/15/20098:39 AM Move Item 16A5 to lOB. This item to be heard at 2:00 D.m. To provide to the Board of County Commissioners (Board) information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building permit when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building Commission on this matter. (Commissioner Fiala's and Commissioner Henning's request.) Move 16B16 to 10C: Recommendation to approve an extension of time for staff to review and assess alternative administration for the Collier County Airport Authority. (Commissioner Fiala's and Commissioner Coletta's request.) Move Item 1609 to 100: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign twelve (12) Subrecipient Agreements for CDBG, ESG, and HOME projects previously approved for HUD funding in the 2009-2010 Action Plan. (Commissioner Henning's request.) Move Item 16Kl to 12E: Recommendation to authorize an amendment to Ordinance No. 91-65, as amended, relating to the Affordable Housing Advisory Committee, which will limit the rezoning petitions requiring Committee review to all affordable housing projects and any projects which request existing or new affordable housing incentives. (Commissioner Henning's request.) Item 16016: Title should read, "Recommendation to award bid #09-5265 . . ." (rather than #09-526). (Staff's req uest.) Item 1611: 4) should read: "Collier County Code Enforcement Board: Minutes of May 28,2009". May 21,2009 and June 2, 2009 included in error. (Staff's request.) Item 16K16 continued to the September 29. 2009 BCC meetine:: Request by staff for authorization to advertise and bring back for the Board's consideration a proposed amendment to Ordinance No. 08-47, which addresses requirements for non -consent law enforcement towing of vehicles, private property towing of vehicles, storage of vehicles and maximum chargeable fees by tow truck companies, to include provisions concerning the immobilization of vehicles (booting) on private property and to further clarify language in the ordinance based upon feedback and experience since its enactment in September 2008. (Commissioner Fiala's request.) Item 17G: The 3rd recital in proposed Ordinance should read: "WHEREAS, the District operations currently are funded solely by assessments; and". The ih recital in the proposed Ordinance should read: "WHEREAS, the District's Board of Supervisors request that the County adopt this non-emergency ordinance providing for the dissolution of all community development services of the District and to provide for the dissolution of the District in accordance with Section 190.046(9), Florida Statutes (2007); and". (Staffs request.) Time Certain Items: Item 6C to be heard at 2:30 D.m. Public petition request by Commissioner Thomas Cannon to discuss a workshop between the East Naples Fire Control and Rescue District Commissioners and the Board of County Commissioners to renegotiate the "Interlocal Agreement Advanced Life Support Partnership." Item 60 to be heard immediatelv followine: Item 6C at 2:30 D.m. Public petition request by Chief Doug Dyer to discuss allegations made against East Naples Fire Control and Rescue District by Dr. Robert Tober. Item lOB (moved from 16AS) to be heard at 2:00 D.m. To provide to the Board of County Commissioners (Board) information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building permit when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building Commission on this matter. (Commissioner Fiala's and Commissioner Henning's request.) 9/15/2009 8:39 AM Item 12A 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, September 15, 2009, at a time certain of 12:00 noon in the Commission conference room. 3rd floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd or Leo Ochs, Deputy County Manager, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Steven T. Williams will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1:00 D.m.: For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12e to be heard at 12:00 Noon immediatelv followim!: 12A: (See Add On Item above.) Item 120 to be heard at 1:00 D.m. immediatelv followinR: 12B: (See Add On Item above.) Item 14A to be heard immediatelv followine: 120 at 1:00 D.m. Recommendation that the Collier County Board of County Commissioners approves and authorizes its Chairman to execute the attached twenty-five (25) year sub- lease agreement with the Department of Military Affairs Armory Board Florida Army National Guard (National Guard) for 26.41 acres at the Immokalee Regional Airport for the construction of the Collier County Readiness Center. The rent for this sub-lease agreement will be deducted from the debt the Airport Authority owes the County. 9/15/2009 8:39 AM