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Agenda 12/01/2009 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) tJ\.~\ II, /,.. 1/1 ,.. ( ..' """'" )/ ,,\ AGENDA Decem ber 1, 2009 9:00 AM Donna Fiala, BCe Chairman Commissioner, District 1; CRAB Vice Chairman Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGiSTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE 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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME 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 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.) B. October 27, 2009 - BCCIRegular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees 1. Irving Baez, Parks & Recreation 2. Dale Bergenback, Road Maintenance 3. James Foster, Public Utilities 4. Janet Go, Solid Waste 5. Claire Oss, Library B. 30 Year Attendees 1. John D'Amico, Facilities Management c. Advisory Committee Service Awards 1. Kenneth R. Rech, Board of Building Adjustments and Appeals 2. Mimi Wolok, Land Acquisition Advisory Committee 3. Edward Olesky, Immokalee Master Plan and Visioning Committee 4. Clarence S. Tears, Immokalee Master Plan and Visioning Committee 5. Manual Gonzalez, Hispanic Affairs Advisory Board 4. PROCLAMATIONS A. Proclamation designating December 7 -11, 2009 as Employee Learning Week. To be accepted by Lorna Kibbey, President of Southwest Florida American Society of Training and Development. B. Proclamation congratulating Intech Printing and Direct Mail, Inc. as the recipient of the Waste Reduction Awards Program (WRAP) for their enhanced and innovative recycling program. To be accepted by Patricia and David Walker. C. Proclamation designating December 1, 2009 as Project Innovation Day. To be accepted by Tammie Nemecek, Economic Development Council President. 5. PRESENTATIONS A. Energy Audit and Greenhouse Gas Inventory Report presented by Cloe Waterfield. B. Recommendation to recognize Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering & Construction Management Department as Employee of the Month for November 2009. 6. PUBLIC PETITIONS A. Public petition request by Anthony Pires to discuss one-year extension of enforcement abatement at 5510 Shirley Street. B. Public Petition request by Lesley Marr, on behalf of North Naples Methodist Church, to discuss additional four Temporary Use Permit days for 2009. Item 7 and 8 to be heard no sooner than 1 :00 n.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item continued from the September 15, 2009 BCC Meeting. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. PUDZ- 2008-AR-14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Yovanovich, Esq., of Coleman, Yovanovich and Koester, is requesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a 764,478 square-foot continuing care retirement community (CCRC) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located on the north side of Orange Blossom Drive, approximately 1,000 feet east of Airport Road (CR-31) and west of Livingston Road (CR-881) in Section 1, Township 49 South, Range 25 East of Collier County, Florida (Companion item to Item 8B PUDA-2008-AR-14090 and Item 8C PUDA-2008-AR-14092). CTS B. This item continued from the September 15, 2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 (This is a companion item to Item 8A PUDZ-2008-AR-14091 and Item 8C PUDA- 2008-AR-14092). CTS C. This item continued from the September 15, 2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA- 2008-AR-14092 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 (Companion item to Item 8A PUDZ-2008-AR-14091 and Item 8B PUDA-2008-AR-14090). CTS D. This item has been continued from the October 27, 2009 and the November 10, 2009 BCC meeting. Recommendation to consider adoption of an ordinance establishing the City Gate Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. (This is a companion item to 10E.) E. This item continued from the November 10, 2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an ordinance amending the City Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets to be public. (This is a companion to Item 10E.) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Consumer Advisory Board (CAB). B. Appointment of members to the Golden Gate Beautification Advisory Committee. C. Appointment of members to the Development Services Advisory Committee. D. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. E. Appointment of member to the Parks and Recreation Advisory Board. 10. COUNTY MANAGER'S REPORT A. Recommendation to authorize a review of the current Affordable Housing Impact Fee Deferral Program and to direct staff on future actions. (Marcy Krumbine, Housing and Human Services Director) B. Recommendation to approve and authorize the Chairman to sign, thirty-six (36) lien agreements with Habitat for Humanity of Collier County, Inc. for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $531,498.23) (Marla Ramsey, Public Services Administrator) C. Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the Lely Main Canal East-West phase of the Lely Area Stormwater Improvement Project (LASIP). (Capital Improvement Element No. 291, Project No. 51101). Estimated fiscal impact: $585,000. (Norman Feder, Transportation Services Administrator) D. Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the RoyalwoodiWhitaker Road phase of the Lely Area Stormwater Improvement Project (LASIP). (Capital Improvement Element No. 291, Project No. 51101). Estimated fiscal impact: $380,000. (Norman Feder, Transportation Services Administrator) E. Recommendation for the Board of County Commissioners (BCC) to approve a Developers Contribution Agreement (DCA) between City Gate Development, LLC, and CG II, LLC (Developer) and Collier County (County) to define transportation commitments, enhance access and preserve the future WilsonlBenfield transportation corridor. Due to the size of the exhibits, they will not be printed, but can be viewed at the Community Development Division. (This is a companion to Items 8D and 8E.) (Norman Feder, Transportation Services Administrator) F. Recommendation to consider the options to respond to a Public Petition request by Ms. Lynn Smallwood-McMillin where she requests a waiver of enforcement of the Land Development Code related to size and location of an existing off-premise directional sign for the Smallwood Store, Chokoloskee, Florida, and in doing so consider the option of designating the existing sign as an historical sign or as a county approved historic marker. (Joseph K. Schmitt, Administrator, CDES) G. To obtain direction regarding the roles, responsibilities and reporting relationships for the position of Executive Director of the Collier County Airport Authority; approve the formal position description for recruitment purposes and authorize the appointment of an interim Director. (Winona Stone, Assistant to the County Manager.) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS -----------------.......----..--------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. -------------------------------------------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to direct the County Manager or his designee to provide a refund in the amount of $1,052.28 for a portion of the petition fee received for a recently withdrawn 2007- 2008 Cycle Growth Management Plan Amendment petition. 2. Recommendation to waive fines and Release of Lien in the Code Enforcement Action entitled Felipe and Isabel Ramirez, Case No. CENA-2008-0008113 relating to property located at 3503 Westclox Street, Immokalee, Florida. 3. Recommendation to approve the Release and Satisfaction of Lien for payment in full received for the Code Enforcement Action entitled Board of County Commissioners vs. Satrice Metelus, Special Magistrate Case No. 2007030478, relating to property located at 3169 Areca Avenue, Naples, Florida. 4. Recommendation to accept a Proposed Settlement providing for waiver of fines and Release of Lien in the Code Enforcement Action entitled Occeus Saintilien, Malveilleas Estervene & Jean Thermidor, Case No. 2006-22, relating to property located at 513 Stokes Avenue, Immokalee, Florida. 5. Recommendation to approve the Release and Satisfaction of Lien for payment of operational costs only for the Code Enforcement Action entitled Board of County Commissioners vs. Chris Posada, CEB Case No. 2004-016 relating to property located at 5238 Holland Street, Naples, Florida. 6. Recommendation to approve a Release of an Order of the Code Enforcement Special Magistrate against properties owned by Tarpon Cove Community Association, Inc., in code enforcement case entitled Board of County Commissioners vs. Tarpon Cove Community Assn. Inc., Special Magistrate case no. PU-4457. 7. Recommendation to approve a Release of an Order of the Code Enforcement Special Magistrate against properties owned by Phyllis J. Plaster, Trustee, in code enforcement case entitled Board of County Commissioners vs. Phyllis J. Plaster, Trustee, Special Magistrate case no. PU- 3805. 8. Recommendation to accept a Proposed Settlement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Kerry Hyppolite, Case No. 2007090300 relating to property located at 2640 Santa Barbara Boulevard, Naples, Florida. B. TRANSPORTATION SERVICES 1. Recommendation to approve Funding Agreement No. 4600001684, Amendment No. 01 in the amount of $1,200,000.00 with the South Florida Water Management District to provide assistance with the construction of three (3) Lely Area Stormwater Improvement Projects (LASIP): (1) Lely Main Canal EastlWest, (2) Lely Manor Canal South, and (3) Lely Manor Canal North and extend the construction time schedule for the Gateway Triangle Stormwater Improvement Project. 2. Recommendation to award Bid #10-5367--lmmokalee Road Landscape Maintenance Phase 2 & 3 (1-75 to Collier) to Hannula Landscaping & Irrigation Inc. with an annual estimated base service of $64,597.08 (Fund 111, Various Cost Centers). 3. Recommendation to award Bid 10-5357-- Vanderbilt Beach Road Landscape Maintenance Phase 1 & 2 to Hannula Landscaping & Irrigation Inc. with an annual estimated base service of $89,767.16 (Fund 111, Various Cost Centers). . 4. Recommendation to approve a Change Order and authorize the County Manager, or his designee, to sign Change Order #2 for Kelly Brothers, Inc. for the County Bridge Repair and Restoration Program, Project #66066, Contract #08-5135 in the amount of $44,302.00 for additional repairs needed to both the Chokoloskee and Oil Well Road Bridges. 5. Request for authorization to advertise and bring back an Ordinance amending Collier County Ordinance 2001-43, as amended (The Vanderbilt Beach Beautification Municipal Service Taxing Unit), to incorporate provisions to facilitate the ongoing conversion of overhead utility distribution facilities to underground service within the MSTU boundaries. C. PUBLIC UTILITIES D. PUBLIC SERVICES 1. Recommendation to approve and authorize the Chairman to sign an agreement with the Agency for Health Care Administration in the amount of $2,221,077 to participate in the Medicaid Low Income Pool Program for services provided on behalf of the Housing and Human Services Department in order to generate an additional $567,347 in Federal matching funds. 2. Recommendation to approve and authorize the Chairman to sign amendment #3 between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve a budget amendment to reflect an increase of $25,000 in the Older Americans Act program. 3. Recommendation to approve budget amendments totaling $545,000 to ensure continuous funding of the Older Americans Act grant in the Services for Seniors Program for FY 2010 and authorize the continued payment of grant expenditures. 4. Recommendation to accept additional funding from the 4.H Foundation Clubs, Inc., in the amount of $13,694.00; recognize $6,230 in private contributions; and authorize a budget amendment in the amount of $19,924.00. 5. Recommendation to approve amendment No.4 to the FDEP Cost Share Contract 05C01 for the construction and monitoring of the City of Naples/Collier County Beach Renourishment Project providing additional state funding in the amount of $85,231; and authorize the Chairman to execute the amendment. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve First Amendment to Lease Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program. 2. Recommendation to approve a Letter of Agreement with Quest Diagnostics, Inc. effective January 1, 2010 to provide onsite biometric and laboratory testing services in support of the Wellness Based Incentives Program. (Fiscal Impact $142,450) 3. Recommendation to award RFP # 09-5252 Indoor Air Quality to Pure Air Control Services, Inc., for Indoor Air Quality (IAQ) testing, cleaning and remediation services at an estimated annual cost of $100,000. 4. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled andlor closed by the Risk Management Director pursuant to Resolution # 2004-15 for FY 09. 5. Recommendation to re-appropriate $50,370 previously approved in fiscal year 2009 from the GAC Land Trust to the Big Corkscrew Island Fire Control and Rescue District for the purchase of six mobile data terminals. 6. Recommendation t<;> re-appropriate $54,000 previously approved in fiscal year 2009 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District. for the purchase of sixteen mobile data terminals. F. COUNTY MANAGER 1. Recommendation that the Board of County Commissioners approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for the funding of Training and Medical/Rescue Equipment and Supplies in the amount of $119,847.00 and to approve a Budget Amendment. 2. Recommendation to approve the placement of the remaining 5.11 acre Bembridge property located on Santa Barbara Boulevard for sale at a price at or near market value, but not less than $450,000. 3. Recommendation to approve the purchase of three WeatherBug stations to enhance the capabilities of first responders, recognize WeatherBug as a sole source vendor, authorize the Chairman to sign the agreement, and authorize the associated budget amendment. (Fiscal Impact $61,470.) 4. Recommendation that the Board of County Commissioners approves a Budget Amendment in the amount of $1,000,000 pursuant to Ordinance 2009-58 increasing the adopted budget for tourism promotion, advertising and marketing as appropriated within Fund (184), as previously directed by the BCC. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to designate, by Resolution, the entire geographical territory of Collier County as a Recovery Zone, in accordance with the American Recovery and Reinvestment Act of 2009, which allows for the issuance of Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds on or prior to December 31, 2010; and providing authority to the BCC to approve eligible projects to be financed by such Bonds. (Fiscal Impact None) 2. Recommendation that the Collier County Community Redevelopment Agency (CRA) award RFP #09-5333 to RWA, Inc., for the purpose of updating the Bayshore Gateway Triangle CRA Overlays as they relate to the Collier County Land Development Code and authorize the Chairman to execute the Countys standard agreement. (Fiscal Impact $105,000) 3. Recommendation that the CRA enter a Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection to rehabilitate a brownfield site within a designated brownfield area; approve the Chairman to sign all enabling documents; and authorize the Bayshore Gateway Triangle Executive Director to comply with all provisions of the Agreement and apply for the Voluntary Cleanup Tax Credit for remediation activities performed in calendar year 2009. (CRA Fiscal Impact - $250) 4. To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2669 Davis Boulevard I Fiscal Impact--$1,500) 5. Recommendation that the County Attorney be authorized to file a lawsuit to evict Southern Motor Sports, Inc. a Florida Corporation and its principles, affiliate entities or persons, or any combination thereof, from CRA owned premises identified in Lease Agreement, dated November 14, 2008, including but not limited to, eviction, the pursuit past due rent, damages, and costs due and owing to Collier County CRA under the Lease Agreement and as otherwise provided by law. (Fiscallmpact-$325) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the Collier County Board of Commissioners approve and that the Chairman execute the Interlocal Agreement for Election Services for the City of Naples February 2, 2010 municipal election. 2. To obtain board acceptance of the Report of Interest for the fiscal year ending September 30, 2009. 3. To obtain board approval for disbursements for the period of October 31, 2009 through November 6, 2009 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of November 7,2009 through November 13, 2009 and for submission into the offical records of the board. 5. To obtain board approval for disbursements for the period of November 14, 2009 through November 20, 2009 and for submission into the official records of the board. K. COUNTY ATTORNEY 1. Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to two (2) code enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2005-35 and 2005-39, entitled Board of County Commissioners, Collier County, Florida vs. Curtis D. and Brenda Blocker. 2. Authorize the making of an Offer of Judgment to Respondents, Michael and Marie Thompson, for Parcel No. 125FEE in the amount of $241,401 in the lawsuit styled Collier County v. Pascal J. Murray, et al., Case No. 07-4784 (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $34,101). 3. Recommendation to approve the filing of a foreclosure action with the Circuit Court of the Twentieth Judicial Circuit to recover an outstanding Code Enforcement Lien presently totaling $240,630.04, regarding the James C. Marshall and Sherry Marshall property located at 820 20th Avenue N.W., Naples, Florida, Folio #37590120007. 4. Recommendation to authorize the County Attorney to settle a lawsuit filed against the Collier County Board of County Commissioners by Cornelia Surr and Thomas Surr in the Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida for the sum of $15,000.00 and authorize the Chairman to execute the Settlement Agreement. 5. Recommendation to authorize the County Attorney to settle a lawsuit filed against the Board Of County Commissioners by Brian Anderman, an East Naples firefighter, in Collier County Circuit Court, for the sum of $20,000.00 and authorize the Chairman to execute the Settlement Agreement. 6. Recommendation to approve a Retention Agreement for legal services on an as needed basis with the law firm of Grant Fridkin Pearson Athan & Crown, P.A. 7. Recommendation to authorize a Stipulated Final Judgment in the amount of $9,750 for Parcel 152RDUE in the lawsuit styled Collier County, Florida v. Patricia K. Carlyle, et ai, Case No. 07- 2829-CA (Oil Well Road Project 60044). (Fiscal Impact $14,468) 8. Recommendation to authorize a Stipulated Final Judgment in the amount of $795,000 for Parcel 124FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $180,700). 9. Recommendation to authorize the County Attorney to draft an ordinance creating the Marco Island Museum Advisory Board to report to the Board Of County Commissioners and to specifically review management and policy issues pertaining to the Marco Island Museum. 10. Recommendation to authorize a Stipulated Final Judgment in the amount of $108,000 for Parcels 153 and 853 in the lawsuit styled Collier County v. Tech Foundation,lnc., et aI., Case No. 03-2499-CA (Golden Gate Parkway Project No. 60027) and to authorize a budget amendment. (Fiscal Impact $73,037.40) 11. Recommendation to review and approve a policy relating to proclamations awarded by the Board of County Commissioners. 12. Recommendation to authorize the County Attorney to reject a settlement offer tendered by the Plaintiff in the lawsuit captioned Mark Holmes v. Collier County Board of Commissioners pending in the United States District Court for the Middle District of Florida, Ft. Myers. 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. Recommendation to approve an amendment to Ordinance No. 82-3, to remove the present prohibition on possession, sale, importation, or release (into County waters) of Tilapia, pursuant to the Boards October 27,2009 direction. B. Recommendation to adopt and authorize the Chairman to sign an ordinance establishing policies, procedures and a standard form to be used by the Board of County Commissioners when selling and conveying real property acquired under the Neighborhood Stabilization Program. C. Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the regional water andlor sewer system is anticipated within a ten-year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.