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Agenda 09/09-10/2008 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O~~\III/, .~~.~ , . ~\ ,.' r ( .,' ~ )1 ,,\ AGENDA September 9, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice. Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice.Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER ~ 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." 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. lab 18' 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. July 22, 2008 . BCC/Regular Meeting C. August 4, 2008 . BCCN AB Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards B. 20 Year Attendees John Conti, ECM Samuel Poole Jr., EMS Kevin Potter, EMS 4. PROCLAMATIONS A. Proclamation designating September 26, 2008 as Veterans Recognition Day. To be accepted by John Skiles, President of The Vietnam Veterans of America, Chapter 706, Naples, Florida B. Proclamation designating that the week of September 15 - 20,2008, as Industry Appreciation Week. To be accepted by Tammie Nemecek, President & CEO of EDC. C. Proclamation to recognize September 9, 2008 as Leukemia, Lymphoma & Myeloma Awareness Month. To be accepted by Melissa Peacock, Patient Services Manager of the Leukemia & Lymphoma Society. 5. PRESENTATIONS A. Recommendation to recognize Thomas Keegan, Investigator, Code Enforcement Department, as Employee of the Month for July 2008. 6. PUBLIC PETITIONS A. Public petition request by Milton J. Thomas to discuss proposed draft noise control ordinance. B. Public petition request by Phil Woodhouse to discuss refund for overpayment of impact fees. C. Public petition request by Gayla Brittain to discuss a notice of code violation referencing chickens. D. Public petition request by Janet den Hartog to discuss the Traveling Dignity Memorial Vietnam Veteran Wall. Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item to be heard at 9:00 a.m. on Wednesday, September 10, 2008. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2008. AR.13212 Craig and Amber Grider, represented by Margaret Cooper of Jones, Foster, Johnston and Stubbs, P.A. is requesting an Appeal of Official Interpretation, INTP.2008.AR.12880, 2~/g initiated by the Collier County Board of County Commissioners for the Olde Cypress PUD. Appellants' property is located in the Olde Cypress PUD, Tract 5, Lot 28, Olde Cypress Unit 3, in Section 21, Township 48S, Range 26E, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. following Item 12B. Recommendation that the Board of County Commissioners approve an ordinance repealing Ordinance Number 99-38, as amended ("Maximum fees for non-consent towing and storage of vehicles"), to establish new requirements for non-consent law enforcement towing of vehicles, to address requirements for private property tows, to provide for updated maximum fees for non-consent law enforcement towing, private property towing, and the storage of towed vehicles, and to facilitate the future adjustment offees as necessary, by approving a Resolution establishing maximum fees as required by the proposed ordinance. (Michelle Arnold, Scott Teach, Diane Flagg) B. Recommend approval by the Board of County Commissioners of Ordinance for the creation of Clam Bay Advisory Committee. (Gary McAlpin) C_ This item continued from the July 22, 2008 BCC Meeting. Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal Control Ordinance, to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spaylneuter of animals upon return to owner after impoundment, and to more clearly define penalties, leash law, and the affidavit of complaint process. (Amanda Townsend) D. At the petitioner's request, this item is continued from the July 22, 2008 BCC meeting and is further continued to the September 9, 2008 BCC meeting. This item must be heard BEFORE item PUDZ-2006-AR-10875 and requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11734 KRG 951 and 41, LLC, represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting an amendment to the Artesa Pointe PUD to remove a +i- 0.88 acre parcel of land and add it to the proposed Tamiami Crossing CPUD abutting its northern boundary. The subject property is located approximately 1/4 of a mile south of the intersection of Collier Boulevard and US 41, in Section 3, Township 51 South, Range 26 East of Collier County, Florida (Companion item to PUDZ-2006- AR-10875). E. At the petitioner's request, this item is continued from the July 22, 2008 BCC meeting and is further continued to the September 9, 2008 BCC meeting. This item must be heard AFTER PUDA-2007-AR-11734 and requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-10875, Q Grady Minor, representing KRG 951 and 41, LLC, has submitted a PUD rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit Development (CPUD) zoning district. This is to allow development of commercial land uses with a maximum of 235,000 square feet. The property consists of +1- 25.45 acres and is located in Section 3, Township 51 South, Range 26 East, Collier County, Florida (Companion item to PUDA-2007 -AR-11734). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Planning Commission. B. Appointment of member to the Environmental Advisory Council. C. Recommendation to declare a vacancy on the Immokalee Master Plan and Visioning Committee. 3of,g D. Appointment of members to the Emergency Medical Services Advisory Council. E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. F. Appointment of members to the Board of Building Adjustments and Appeals. G. Recommendation to declare vacancy on the Development Services Advisory Committee. H. Appointment of members to the Public Vehicle Advisory Committee. Appointment of member to the Habitat Conservation Plan Ad.Hoc Advisory Committee. I. J. Appointment of members to the Pelican Bay Services Division Board. 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners approve the acquisition of Independent Certified Public Accountant services, in an amount not to exceed $25,000, to determine if the Clerk is following the Board's direction (Resolution 2007.257) regarding Board interest income. (John Yonkosky) B. To report to the Collier County Board of County Commissioners concerning the potential scale of a proposed Rental Registration refund of late fees in excess of eighty dollars ($80) for the periOd of Fiscal Years 2005 through 2007, and a recommendation for a potential refund methodology (Joe Schmitt, Gary Mullee) C. Requesting Board decision on local preference for Bid No. 08.5106 - "Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis Boulevard)", Project No. 60091. (Steve Carnell, Jay Ahmad) D. Recommendation to approve plan for immediate and long term purchases of systems furniture for various County facilities. (Steve Carnell) E. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to how to proceed regarding the potential adverse impacts of the escalating foreclosures within the unincorporated area of the county. (Joe Schmitt) F. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2009 at a cost of $1,085,000. (Dan Summers) G. Recommendation to adopt a resolution authorizing removal of 11,541 ambulance service accounts and their respective account receivable balances which total $7,986,828.72, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Although the amount was recognized and recorded as Bad Debt Expense during Fiscal Years 2004 and 2005, it cannot be removed without Board adoption of an authorizing resolution. (John Yonkosky, Jeff Page) H. Recommendation to award Bid #08.5061 "Golden Gate Parkway (Livingston Road to 66th Street) and (60th Street to Santa Barbara Blvd.) Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc. in the amount of$41,651.39 (Fund 111, Cost Center 163831). (Steve Carnell) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuantto 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 9,2008, at a time certain of 12:00 noon 4 tfJ I~ 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, County Attorney Jeffrey A. Klaztkow, and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Bonita Media Enterprises, LLC v. Collier County, Case No. 2:07-CV. 411.FTM.29DNF, now pending in the US Middle District Court of Florida, Fort Myers Division, and Bonita Media Enterprises, LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of County Commissioners, Collier County, Florida, Appeal Case No.: 07-2035.CA, Lower Tribunal Case CEB No.: 2007-35, now pending in the Administrative Appeal Division of the Circuit Court. B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to consider approving a Settlement Agreement in Bonita Media Enterprises, LLC., v. Collier County Code Enforcement Board, Collier County Board of County Commissioners, Case No: 2:07.cv-411. FTM.29DNF, now pending in the United States District Court, Middle District of Florida, Fort Myers Division and Bonita Media Enterprises, LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of County Commissioners, Collier County, Florida, Appeal Case No.: 07.2035-CA, Lower Tribunal CEB No.: 2007.35, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, in the Administrative Appeal Division of the Circuit Court and authorize the Chairman to execute the Settlement Agreement and authorize the appropriate budget amendment. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------._.___________._____________w___.____________________________________________________________________________________ 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. Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal to the USFWS via the Florida Fish and Wildlife Conservation Commission to support the development of an HCP for the Immokalee Urban Area, excluding the RLSA and authorize the Chairman to sign any additional application forms or documents that may be required by the Florida Fish and Wildlife Conservation Commission or the US Fish and Wildlife Service. 2. Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for payments received. 3. Recommendation that the Board of County Commissioners of Collier County, Florida approve an agreement between Collier County and the Economic Development Council of Collier County for continuation of the Economic Diversification Program by providing a contribution to the EDC of up to $400,000 for Fiscal Year 2009, and authorizing the Chairman of the Board of County Commissioners to sign the agreement on behalf of Collier County 4. Recommendation to approve final acceptance of the water and sewer utility facilities for TIB 5 of ('6 Bank 5. Recommendation to execute a Quit Claim Deed as satisfaction for subdivision improvements for various projects developed by Lely Estates and Lely Development Corporation 6. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 2A, Unit One. The roadway and drainage improvements will be privately maintained by the Fiddler's Creek Community Development District 7. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mustang Island II (Lely Resort PUD) and the roadway and drainage improvements will be privately maintained. 8. To accept final and unconditional conveyance of the water utility facility for Avellino Isles 9. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 2A, Unit Three. The roadway and drainage improvements will be privately maintained. 10. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Quarry Phase 1A (Heritage Bay PUD) with the roadway and drainage improvements being privately maintained. 11. Recommendation to approve final acceptance of the water and sewer utility facilities for DaVinci Estates 12. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddler's Creek Phase 3, Unit Two. The roadway and drainage improvements will be privately maintained by the Fiddler's Creek Community Development District 13. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock - Unit 3 with the roadway and drainage improvements being privately maintained. 14. Recommendation to approve final acceptance of the water and sewer utility facilities for Bellagio at Fiddler's Creek 15. Recommendation to approve final acceptance of the water and sewer utility facilities for Majorca at Fiddler's Creek 16. Recommendation to review and approve the recommendation of the Public Vehicle Advisory Committee (PVAC) to adopt a fuel surcharge relating to taxi rates. 17. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2.11 18. Recommendation to accept a proposed settlement agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Joseph Hamilton, CEB No. 2004-76, relating to property located at 20610 Tamiami Trail E., Collier County, Florida B. TRANSPORTATION SERVICES 1. Recommendation to approve an Easement Agreement for the purchase of a perpetual road right-of.way, drainage, and utility easement which is required for the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal Impact: Purchase price of $64,680 plus recording and title insurance fees not to exceed $500) 2. Recommendation that the Board of County Commissioners approves a Resolution authorizing its Chairman to execute a Local Agency Program Agreement with the Florida Department of to ~ J<l Transportation (FDOT) in which Collier County will be reimbursed up to $448,100 for landscaping and irrigation improvements on State Road 951, between the Jolly Bridge and Mcllvane Bay. (FM#414534.1) 3. Recommendation to approve the sole source purchase of eight (8) additional Wavetronix SS125 HF count stations, as well as upgrading nine (9) existing Wavetronix SS105 count stations to Wavetronix SS125 HF count stations from Wavetronix in the amount of $154,864.00 4. Recommendation that the Board of County Commissioners approves a Landscape Maintenance Agreement between Collier County, Florida, and The Mercato LLP, for landscaping within rights-of.way on US 41 North and Vanderbilt Beach Road. 5. Recommendation to adopt a resolution requesting that the Florida Department of Transportation Quitclaim to Collier County all that portion of State Road S-953 (Bald Eagle Drive), former State Road 951, Collier County, Florida, lying between former State Road 92 (San Marco Drive) on the south, and Marco Pass on the north, per State of Florida Road Department Right of Way Map Section No. (0303) 0351-250 for Road No. S.951, and to approve an Interlocal Agreement between Collier County and the City of Marco Island transferring jurisdiction of said public road to the City of Marco Island. Estimated fiscal impact: Approximately $35.50 6. Recommendation to recognize and accept revenue for Collier Area Transit bus shelters in the amount of $5,000 and to approve needed budget amendments. 7. Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Intermodal Development Program Application for FY2012/2013 and 2013/2014. 8. Recommendation for the Board of County Commissioners to approve budget amendments to reallocate and correct funding issues with Pathways Project. 9. Recommendation that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign an easement instrument with the Board of Trustees of the Internal Trust Fund of the State of Florida (hereafter, the State), for the existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive within the existing right.of-way. 10. Recommendation that the Board of County Commissioners approves a Resolution authorizing a First Amendment to the Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT), relating to the Interstate 75/Golden Gate Parkway Interchange. C. PUBLIC UTILITIES 1. Recommendation to authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DW1111 040) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP 20 MGD RO Wellfield Expansion, Project 708921 2. Recommendation to authorize submission of the Drinking Water State Revolving Fund Low- interest Construction Loan Agreement DW1111 010 to the Florida Department of Environmental Protection for the construction of Wells #34 and #37 and Pipeline Replacement Project 701582 3. Recommendation to award Bid 08.5099 to Aerex Industries, Inc. for the purchase of Reverse Osmosis Hardware Components in the amount 01 $162,065.00 for use at the North County Regional Water Treatment Plant, Project Numbers 70094 and 70095. 4. Recommendation to authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (DW1111 030) through the Florida Department of Environmental Protection (FDEP) for the SCRWTP 12 MGD RO Plant Expansion, Project 700971. D. PUBLIC SERVICES 1061~ 1. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Berjean Augustin and Marie Claire Augustin (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 6, Block 9, Naples Manor Addition, East Naples. 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Hyppolite Joseph and Mertha Joseph (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 32, Trail Ridge, East Naples. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roseline Nicolas (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 130, Trail Ridge, East Naples. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Remy Chery and Ginette Gabriel (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 137, Trail Ridge, East Naples. 5. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Luis G. payero Madera (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 167, Trail Ridge, East Naples. 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Fernando Cruz Leon and Marina Aguilar Sanchez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 22, Block 6, Naples Manor Unit 1, East Naples. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Agustin D. Chavez Cruz and Maria G. Ramirez De Chavez (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 7, Block 9, Naples Manor Addition, East Naples. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose M. Pantoja and Yusleidys Pena (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 134, Trail Ridge, East Naples. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Norberto Chavarria Lezama and Beatris Adriana Ibarra (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 46, Liberty Landing, Immokalee. 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pascual Mateo Simon and Juana Vasquez Lopez (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 44, Liberty Landing, Immokalee. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ruben Mandujano and Camila Martinez De Mandujano (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 43, Liberty Landing, Immokalee. 12. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cuauhtemoc Garcia Laurel and Jennifer Elizondo (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 45, Liberty Landing, Immokalee. 13. Recommendation that the Board of County Commissioners approves, and authorizes the ~ 06 I~ Chairman to sign, a lien agreement with Lucce S. Exinor and Kettly Jean Charles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 131, Trail Ridge, East Naples. 14. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lurdes A. Barajaz (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 42, Trail Ridge, East Naples. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Irette Augustin (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 104, Liberty Landing, Immokalee. 16. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nielida Jaimes (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 101, Liberty Landing, Immokalee. 17. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marc Raymond Calvaire and Orgette Odette Calvaire (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 28, Liberty Landing, Immokalee. 18. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rigoberto Martinez and Maria Cristina Martinez (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 98, Liberty Landing, Immokalee. 19. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Edgar M. Galvan and Jaqueline Ramirez Mendoza (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 115, Liberty Landing, Immokalee. 20. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Leunique Exantus (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 166, Trail Ridge, East Naples. 21. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amable Mas Ponce De Leon and Elaine R. Alvarez Tauler (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 132, Trail Ridge, East Naples. 22. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Djenie Regis (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 103, Liberty Landing, Immokalee. 23. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Aleon D'Haiti and Amalise Aurice (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 156, Trail Ridge, East Naples. 24. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pedro Rivera and Liset Cisnero (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 6, Block 10, Naples Manor Addition, East Naples. 25. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Lazaro Diaz and Marile Pajon (Owners) for q ~ I'd deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 133, Trail Ridge, East Naples. 26. Recommendation to approve a budget amendment in the amount of $7,260.00 to recognize additional revenue from the collection of co.payments from the Collier County Social Services Program. 27. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $75,336 to the City of Marco Island, for the construction of sidewalks on Marco Island. 28. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Initiative Grant Agreement #08DB.D3.09. 21.01.A03 between the Florida Department of Community Affairs (DCA) and Collier County. 29. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a grant agreement amendment from the U.S. Department of Housing and Urban Development (HUD) to extend the contract period for a 2006 Supportive Housing Agreement (FL 14B50-6002, ID # FL 14066) for St. Matthew's House. 30. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $300,000.00 to Immokalee Helping Our People in Emergencies, Inc. (I HOPE), to fund the construction of two owner.occupied, single.family homes to replace homes severely damaged by Hurricane Wilma. 31. Recommendation that the Board of County Commissioners approves and authorizes its chairman to sign a Florida Recreation Development Assistance Program (FRDAP) Grant Agreement No. A09048 in the amount of $135,611 for improvements to the Immokalee Sports Complex and to approve all necessary Budget Amendments. 32. Recommendation for the Board of County Commissioners to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants 33. Recommendation that the Board of County Commissioners approve a request to apply for a Florida Recreation Development Assistance Program Grant in the amount of $200,000 for improvements to Vineyards Community Park 34. Recommendation for the Board of County Commissioners to amend previous years' Action Plans; authorize the reprogramming of Department of the Housing and Urban Development (HUD) funds; and authorize the Chairman to sign the notification to HUD of the use of reprogrammed federal funds for the purchase, rehabilitation and resale of foreclosed homes to income qualified individuals/families as affordable housing. 35. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Collier County Hunger and Homeless Coalition (CCHHC) for $102,154 in Continuum of Care funding to support their Homeless computer system known as Homeless Management Information System (HMIS). 36. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with David Cruz and Claudia V. Corrales (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Vistas III at Heritage Bay, Unit 1306, North Naples. 37. Recommendation that the Board of County Commissioners enter into an Agreement with Heart of Adoptions Alliance, Inc. to authorize the distribution of funds received from the sale of Choose Life license plates and authorize the Chairman to execute said Agreement. 38. Recommendation that the Board of County Commissioners approves and authorizes its 10 66 I~ Chairman to sign an Agreement between Collier County and VI Ltd., Limited Partnership, regarding professional services that VI Ltd. will provide to Collier County for Collier County beach amenities on Bluebill Avenue. 39. Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #07DB.3V.09. 21.01-Z01 between the Florida Department of Community Affairs (DCA) and Collier County. 40. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) funds for FY 2008-2009. 41. This item continued from the July 22, 2008 BCC Meeting. Recommendation to adopt a Resolution establishing the Collier County Domestic Animal Services Fee Policy as of October 1,2008 and superseding resolutions 95.107, 95.106, 93.404, and all other resolutions establishing animal services.related fees. 42. Recommendation to award Bid #08.5058 in the amount of $66,350 to Marine Contracting Group, to replace the deck and pilings at Cocohatchee River Park Marina. 43. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Napoleon and Clairgimene Napoleon (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 37, Trail Ridge, East Naples. 44. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pedro Ulloa and Mercedes Ulloa (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 40, Trail Ridge, East Naples. 45. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Robert Luna Jr. and Ana Laura Galvan.Frias (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 116, Liberty Landing, Immokalee. 46. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Velma Vasquez (Owner) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 100, Liberty Landing, Immokalee. 47. Recommendation to approve a Sovereignty Submerged Lands Lease Renewal and Modification Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at an increased first year's rent of $1,168.11 48. Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. E. ADMINISTRATIVE SERVICES 1. Recommendation for the Board of County Commissioners to approve Amendment #1 to Contract No. 07-4151, "Annual Contract for Sale of Baled Corrugated and White Goods" with Mike Anderson Hauling Inc., to increase the tonnage price that the County receives for the hauling of white goods from $67.00 per ton to $200.00 per ton and to add a price adjustment clause. 2. Recommendation to approve a First Amendment To Lease Agreement with Horseshoe Square II ~ If Development, L.C., clo Pelconcepts, Inc., for the continued use of office space by EMS Administration at a first year's renewal rent of $142,605.70. 3. Recommendation to authorize a budget amendment to increase the FY08 Fleet Management Fund (521) and recognize revenues from scrap metal sales in the amount of $45,000. 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 the third quarter of FY 08. 5. Recommendation to approve a Budget Amendment to recognize and appropriate Building Maintenance Special Service revenues totaling $201,267 for reimbursement of personnel and operating expenses in Fiscal Year 2008 6. Recommendation to reject Bid #08.5002 "Pressure Cleaning" 7. Recommendation thatthe Board of County Commissioners approves and authorizes its Chairman to sign the Collier County Government Equal Employment Opportunity Plan. 8. Recommendation to authorize the Chairman to sign Modification No.3 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401815J021 to fund habitat restoration at the Railhead Scrub Preserve in the amount of $15,000. 9. Recommendation to adopt a resolution approving the 2009 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment effective on October 1, 2008 (the first day in Fiscal Year 2009) and also to continue authorizing the creation of new classifications, modification andlor deletion of classifications and assignment of pay ranges from the proposed 2009 Fiscal Year Pay and Classification Plan, using the existing "Archer" point.factor job evaluation system, subject to quarterly ratification by the Board of County Commissioners. 10. Recommendation to approve change order #3 to work order PBS.FT-3971.07-16 with Professional Building Systems (PBS) for the Primary Data Center project in the amount of $28,762 11. Approve August Changes to Contracts and Changes to Work Orders Report 12. Recommendation to approve a budget amendment to increase FY08 appropriations for motor fuel and associated revenues in Fleet Management Fund (521) in the amount of $150,000. 13. Recommendation that the Board of County Commissioners authorize the participation of two former Pelican Bay Services Division employees in the Voluntary Separation Incentive Program, authorize the Chairman to sign the enabling Resolution, and authorize the County Manager to implement the program. F. COUNTY MANAGER 1. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meetings dated August 12. A. Approve a budget amendmentfor $124,000 to increase budgeted revenues and expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. B. Request the Board of County Commissioners approve the final payment in the amount of $12,163.75 to Sunshine Pharmacy for prescription medication to medically needy clients in the Social Services Program. C. Recommendation for the Board of County Commissioners of Collier County, Florida, to authorize the Supervisor of Elections to accept federal election activities funds subject to a 15% matching contribution from the County. D. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007-08 Adopted 12~1~ Budget. E. Recommendation that the BCC approve a resolution to establish a "No Parking" zone along the right.of.way on both sides of Spanish Oaks Lane between Oakes Boulevard and Tarpon Bay Boulevard. F. Recommendation to award Bid No. 08.5105 to Howard Technology Solutions for the installation of powered computer mounting systems, including docking stations to provide Mobile Data Terminal capability in Emergency Medical Services' ambulances and command vehicles in the amount of $50,692.00. G. Recommendation to recognize farebox revenues collected from April 11, 2008 through August 4, 2008 for Collier Area Transit and to approve budget amendments. H. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an amended funding agreement with the South Florida Water Management District for an additional funding amount of $108,700 providing assistance with construction of the Freedom Park (aka Gordon River Water Quality Park). I. Recommendation to recognize and appropriate $865,121.00 of the Federal Transit Administration (FTA) FY08 5307 grant funds for preventative maintenance and ADA ParatransitlPlanning. J. Report and Ratify Staff.Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. K. Proclamation designating the week of August 25th through August 31st, 2008 as Collier County Firefighter Appreciation Week. To be accepted by Alison Morse of the MDA in BCC Office; presentation by Chairman Henning. 2. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meetings dated August 26, 2008) A. Recommendation to award RFP No. 08.5022 "Annual Contract for Right.of.Way Acquisition and Real Estate Related Services" to HDR Engineering, Inc. Fiscal Impact: None. B. Recommendation to approve an Agreement for a temporary construction easement and other site modifications necessitated for closure of one driveway and the modification to another driveway at Mavrick House related to the expansion of Santa Barbara Boulevard from Davis Boulevard to north of Golden Gate Parkway. Project No. 62081. Estimated fiscal impact: $27,957.00 C. Recommend approval of Change Order #1 for Agreement with Dia Monde to increase international tourism marketing expenditures by $16,000 for the balance of FY08 and authorize the Chairman to execute Change Order #1. D. Recommendation that the Collier County Board of County Commissioners (BCC) ratify the Collier County Airport Authority's approval of the attached Airport Authority Resolution No. 08.34 on August 11,2008 required by the United States Department of Agriculture (USDA) to apply for and receive a Rural Business Enterprise Grant (RBEG). E. Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $38,115 to fund engineering, surveying and ecological consulting services for the extension of Runway 9/27 at the Immokalee Regional Airport. F. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign a Subrecipient Agreement with Shelter for Abused Women and Children, Inc., for $113,000 in Continuum of Care funding to support the shelter operations and supportive services. G. Approve a budget amendment transferring $66,000 of General Fund reserves to the Other General Administration cost center. 1306 If H. Recommendation that the Board of County Commissioners accept and authorize its Chairman to sign an awarded Hazard Mitigation Grant Agreement 09HM.6G.09.21-01.019 (75/25) for $58,750 from the Florida Division of Emergency Management for the purpose of shoreline preservation at the Isles of Capri Fire Station and to approve the associated budget amendment. r. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, grant agreements accepting two Continuum of Care Homeless Assistance grant awards from the U.S. Department of Housing and Urban Development (HUD) totaling $217,645; and approve the associated budget amendments of $113,000 and $104,645 recognizing the funding associated with the two grant awards. J. Recommendation to approve the proposed "No Parking" signs on Spanish Oakes Lane at Oakes Neighborhood Park. K. Request approval by the Board of County Commissioners to exceed the $750,000 threshold ofthe annual Contract No. 06.3902 by $99,818 (Project 195.905363) 3. Recommendation to approve a Joint Project Agreement between the State of Florida Department of Transportation and Collier County to fund the purchase of OptiCom ReceiverslTransmitters for use in County Emergency Medical Services vehicles in the amount of $75,000, together with a Resolution memorializing such approval. 4. Recommendation to authorize the County Attorney's Office to amend Ordinance 98.114 in order to accurately reflect changes to the GoodlandlHorr's Island Fire Control District. 5. Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,100,000.00. 6. Recommendation that the Board approves Commercial Paper Loan prepayments in the amount of $4,121,000.00. 7. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007.08 Adopted Budget. 8. Recommendation that the Board of County Commissioners Award Bid #08-5085 in the amount of $79,660 for Pelican Bay Streetscape Oakmont Parkway Irrigation to Stahlman-England Irrigation, Inc. 9. Recommendation to approve an Assistance to Firefighters Grant Agreement from the Federal Emergency Management Agency for the purchase of 30 Stair Chairs for Emergency Medical Services for a total project cost of $62,850.00 and to approve a Budget Amendment to recognize and appropriate the funds from FEMA. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve a Statutory Deed between the Collier County Solid Waste Department and the Collier County Airport Authority for 1.01 acres for the Marco Island Executive Airport, at a cost not to exceed $25. 2. Creation and adoption of an Employee Personnel Policy for Collier County Community Redevelopment Agency (CRA) employees working under the supervision of the CRA executive directors. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending a Retirement celebration for Sheriff Don Hunter on Saturday, October 4, 2008, at the Naples Hilton. $45.00 to be paid from Commissioner Halas' travel budget Itf {It 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on July 17, 2008 at Carrabba's in Naples, FL. $37.00 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Grand Opening of the City Furniture and Ashley Furniture HomeStore Showrooms on July 18,2008. $34.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Approve the cash payment option for a special assessment relating to County owned property in the West Winterberry Assessment Area. 2. Recommend that the Board of County Commissioners Authorize the Extension of the Tax Roll Before Completion of the Value Adjustment Board Hearings Pursuant to Section 197.323, F.S., and Tax Collector's Request. 3. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2009 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriffs Office Staff as Grant Financial and Program Managers, ratify the approval of the Certificate of Participation for 20th Year Funding and the 2009 JAG Grant Application as "After.the-Fact", and authorize acceptance of awards and associated budget amendments. 4. To obtain Board approval for disbursements for the period of July 12, 2008 through July 18, 2008 and for submission into the official records of the Board. 5. To obtain Board approval for disbursements for the period of July 19, 2008 through July 25, 2008 and for submission into the official records of the Board. 6. To obtain Board approval lor disbursements for the periOd of July 26, 2008 through August 01, 2008 and for submission into the official records of the Board. 7. To obtain Board approval for disbursements for the period 01 August 2,2008 through August 8,2008 and for submission into the official records of the Board. 8. To obtain Board approval for disbursements for the period of August 9,2008 through August 15, 2008 and for submission into the official records of the Board. 9. To obtain Board approval for disbursements for the period of August 16,2008 through August 22, 2008 and lor submission into the official records of the Board. 10. To obtain Board approval lor disbursements for the periOd 01 August 23,2008 through August 29, 2008 and lor submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners approve an exception to the current hiring freeze policy for general fund positions and authorize the County Attorney to advertise for and replace a newly.vacated essential Assistant County Attorney (Litigation) position. 2. Recommendation to adopt a Resolution approving the County Attorney's Office Fiscal Year 2009 Pay and Classification Plan, which is identical to the current approved plan, and to provide for a general wage adjustment (Cost-of-Living), effective on October 1, 2008, the first day of the Fiscal Year 2009. 15 ri:J \? 3. Recommendation that the Board of County Commissioners approve a Retention Agreement for legal services on an "as needed" basis with the law firm of Nabors, Giblin & Nickerson, P.A., to meet County Purchasing Policy contract update requirements. 4. Recommendation to approve a Stipulated Final Judgment in the total amount of $1,900.00 for Parcel No. 149 in the lawsuit styled Collier County v.Virginia Fetch Titus, et ai., Case No. 95. 2863.CA(Radio Road Phase II Stormwater Outfall Swale Project No. 65033). (Fiscal Impact $1,000.00.) 5. Recommendation to approve an Offer of Judgment and Stipulated Final Judgment in the total amount of $ 32,420.50 for Parcel 150 in the lawsuit styled Collier County v. T.E.C.H. Foundation, Inc., Case No. 03-2499.CA (Golden Gate Parkway Road Project #60027). (Fiscal Impact $8,820.50) 6. Recommendation to approve the Stipulated Final Judgment in the total amount of $85,520.00 for Parcel 198RDUE in the lawsuit styled Collier County v. Jose Munoz, etal., Case No. 07.2823- CA (Oil Well Road Project No. 60044). (Fiscal Impact $29,220.00) 7. Recommendation to approve the payment of costs of $5,000 to be included in a Stipulated Final Judgment for Parcel 214FEE in the lawsuit styled Collier County v. Jose Munoz, etal., Case No. 07.2823.CA (Oil Well Road Project No. 60044). (Fiscal Impact $5,000.00) 8. Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for Agreed Order Taxing Attorney's Fees and Costs relating to the dismissal of Parcels 102FEE and 102SE in the condemnation action styled Collier County v. Meridian Broadcasting, Inc., et ai., Case No. 08.1253.CA, Tree Farm Road Project #60171. (Fiscal Impact: $6,131.50). 9. Recommendation to approve a Stipulated Final Judgment in the total amount of $44,000.00 for Parcel 188RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et al., Case No. 07-2746-CA(Oil Well Road Project #60044). (Fiscal Impact $17,200.00) 10. Recommendation that the Board of County Commissioners authorize the release of lien in relation to the Code Enforcement Action entitled Collier County vs. Jaime Gutierrez, Special Master Case No. 2005.010437, relating to property located at 1369 Hilltop Drive, Collier County, Florida 11. Recommendation to approve an Assumption Agreement substituting the law firm of Hahn Loeser & Parks, LLP for the law firm of Garvin & Tripp, P.A., in the Retention Agreement dated October 27,2004, as amended and to authorize the Chairman to sign Consent to Substitution of Counsel in the cases where Theodore L. Tripp, Jr., is counsel of record 12. Recommendation for the Board of County Commissioners to Authorize the Filing of a Declaratory Relief Action with the Circuit Court of the Twentieth Judicial Circuit relating to the matters involved in the Bert Harris Act Claim served on the County by the owners of the Hussey Property. 13. Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Jessie C. Cervantez, Jr. and Hizarith Torres in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of $3,407.16. 14. Recommendation to approve a Stipulated Final Judgment in the amount of $67,500.00 for Parcel No. 190RDUE in the lawsuit styled Collier County v. Pablo Sardinas, et al., Case No. 07- 2824-CA (Oil Well Road Project No. 60044). (Fiscal Impact $19,000.00) 15. Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, Against John Swasey in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of $2,908.60. 16. Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Alina M. Diaz in County Court Small Claims I ~ of )<6 in and for Collier County, Florida, to Recover Damages in the Amount of $3,522.45. 17. Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against the Entity Known as Naples Sunrise, Inc. in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of $1,102.03. 18. Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Paul Vescio in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount of $8,625.60. 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 adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non.ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $17,787,100. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the November 13, 2007 BCC Meeting. PUDA-2007-AR.11283 Wing South, Inc., represented by Heidi Williams, AICP of Q. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16 units by deleting all of 10.3 acres from Commercial (Tract D) and adding it to Private Air Park District (Tract C). 1.98 acres from the Private Air Park District (Tract C) shall be added to Single.family Residential (Tract B). The additional 5 units would increase the overall maximum number of dwelling units in the PUD from 569 to 574 units. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake- Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: RZ.2008-AR.13209, Michael Corder represented by Michael Fernandez of Planning Development Inc., is requesting a rezone from the Estates (E) Zoning District to the Commercial Intermediate (C.3) Zoning District. The subject property is located in Section 04, Township 49 South, Range 27 East, Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA.2008.AR.12861, Kevin Ratterree of G.L. Homes of Naples II Corporation, represented by Robert Duane, AICP of Hole Montes, Inc., requesting a PUD Amendment to the Terafina PUD to make a minor change to Section 6.5, Development Standards, ofthe PUD Ordinance to change the side yard setbacks. The subject property is located in the Terafina PUD, Section 16, Township 48, Range 26, Collier County, Florida. 11 ~I~ E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. AR.2008.CU.12996, Bob Annibale of Avis Budget Group requests a Conditional Use to permit truck rentals within the C-4 Zoning District. The +0.98-acre subject property is located at 1965 Tamiami Trail, in Section 11, Township 50, Range 25, Collier County, Florida. F. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Chapter 49 of the Collier County Code of Laws and Ordinances in order to extend the sunset date of the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October 1, 2008 to October 1, 2013 in accordance with the request by the Economic Development Council of Collier County and prior direction of the Board of County Commissioners G. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2007.08 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252.8383. I~ d:J I~