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Recap 05/12/2009 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-0......\ I /11, ~ ,.. ('1"1' ~ )/...,,\. AGENDA May 12, 2009 9:00 AM Donna Fiala, BCC 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 ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION 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." May 12, 2009 Page 1 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 IMP AIRED 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 to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. April 14, 2009 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - 5 Years 1) Sergeant David Estes, Animal Services Advisory Board Not present 2) William Thomas Kepp, If., Animal Services Advisory Board Not present May 12, 2009 Page 2 3) Robert Vigliotti, Collier County Planning Commission Presented 4) Murray H. Hendel, Tourist Development Council and Coastal Advisory Committee Presented 4. PROCLAMATIONS (One motion was taken to adopt all proclamations) A. Proclamation designating May 25, 2009 as National Missing Children's Day. To be accepted by Amelia Vasquez, Program Manager, National Center for Missing & Exploited Children/Collier County. Adopted - 5/0 B. Proclamation designating May 17 through May 23, 2009 as Emergency Medical Services Week. To be accepted by Jeff Page, EMS Chief. Adopted - 5/0 Accepted by Angela Fischer, Director of Client Services of the Area Agency on Aging for SW Florida (Per Agenda Change Sheet) C. Proclamation designating May, 2009 as Older American's Month. To be accepted by Leigh Shield, Executive Director of the Area Agency on Aging for SW Florida. Adopted - 5/0 D. Proclamation designating May, 2009 as Mental Health Awareness Month in Collier County. To be accepted by Petra Jones, Executive Director, The Mental Health Association of Southwest Florida and Brian Follweiler. Adopted - 5/0 E. Proclamation designating May 16 through May 22, 2009 as Safe Boating Week. To be accepted by Andy Evva, U.S. Coast Guard Auxiliary. Adopted - 5/0 F. Proclamation designating May 15, 2009 as National Bike to Work Day and the month of May, 2009 as National Bike Month. To be accepted by Joe Bonness, Collier MPO Pathway Advisory Committee Chairman; David Buchheit, Collier County Community Traffic Safety Team Chairman; and Nancy Frye, Collier County Community Traffic Safety Team Secretary/Coordinator . May 12, 2009 Page 3 Adopted - 5/0 5. PRESENTATIONS A. Presentation by John Dunnuck, SFWMD, Everglades Restoration Staff Department Director, on the Proposed A TV Park. Motion for County Attorney to bring back with alternatives and cost analysis - Approved 5/0 B. Recommendation to recognize Sam Frye, Administrative Assistant, Information Technology, as Employee of the Month for April, 2009. Presented 6. PUBLIC PETITIONS Continued Indefinitely (Per Agenda Change Sheet) A. Public petition request by Randy Johns to discuss off premise sign variance at the Florida Sports Park. B. Public petition request by Dominick Amico, on behalf of St. John Neumann High School, to discuss deviation from LDC requirements involving perimeter walls, landscaping and sidewalks. Discussed Item 7 and 8 to be heard no sooner than 1 :00 f).m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Correctional Facilities Impact Fee Update Study, dated April 21, 2009; amending Schedule Four to reflect the revised rates set forth in the impact fee study and providing for a delayed effective date of August 11, 2009, in accordance with the 90-day notice period required by Section 163.31801 (3)(d), Florida Statutes. May 12, 2009 Page 4 Tabled until later in meeting; Ordinance 2009-24 Adopted w/changes - 4/1 (Commissioner Halas opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2009-123: Appointing Zetty Yetny Rivera - Adopted 5/0 B. Appointment of members to the Environmental Advisory Council. Motion to continue item and application process; County Attorney to return with information regarding reducing the number of council members and for the current council to continue serving until application process is completed - Approved 5/0 10. COUNTY MANAGER'S REPORT A. Request that the Board of County Commissioners consider a request by the Bureau of Emergency Services, Division of Forestry, Collier County Fire Chiefs Association, and the Collier County Sheriffs Office to enact a burning ban ordinance and direct staff to publish a Public Notice regarding the burning ban ordinance to be heard at the May 26, 2009 Meeting. (Dan Summers, Emergency Services Bureau) Resolution 2009-124: Emergency Ordinance Declaring a State of Local Emergency - Adopted 5/0 Emergency Ordinance 2009-23 - Adopted 5/0 B. Recommendation that the Board of County Commissioners provide staff direction on whether to defer impact fees for a proposed 140 unit affordable rental apartment development located in Immokalee, Florida. (Marcy Krumbine, Housing & Human Services Director) Motion supporting Option #2 - Approved 5/0 C. Recommendation that the Board approve a policy for future landscape expansion projects initiated by Developers, Municipal Service Taxing Unit (MSTU), or Homeowner Association (BOA) for inclusion into the Collier County Landscape Beautification Master Plan. (Michelle Arnold, A TM Director) Approved - 5/0 May 12, 2009 Page 5 Moved from Item #16E5 (Per Agenda Change Sheet) D. Recommendation to award Bid No. 09-5213, for the construction of the Administration Building (Bldg. F) Security Lobby Addition, Project No. 52525.1, in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Inc. (BCBE) Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mike Conway - Wanted update on non-essential calls to emergency agencies issue brought up earlier B. David Mallory - w/First Assembly Ministry requesting an early work permit for construction of shell for their future house of worship - Motion to allow to go vertical - Consensus 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Attorney - Public comments that require extensive discussion should be brought back as a public petition B. Commissioner Coyle - Concerns regarding amount of proclamations presented C. Commissioner Halas - Motion to Adjourn - Approved 5/0 (vote taken at end of meeting) D. Commissioner Henning - Has addition to family and praised DAS' process and experience; Extending Radio Road MSTU boundaries - request to work with staff to bring back - consensus; Professional contracts and attracting local business to be discussed at future meeting E. Commissioner Fiala - Ribbon cutting for the new library @ 10 a.m. on Friday ------------------------------------------------------------------------------------------------------------ 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. May 12, 2009 Page 6 ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners (Board) approve an Easement Use Agreement for the existing drainage easement at 158 San Rafael Lane. Homeowner wishing to renovate an existing pool screen enclosure discovered this existing encroachment during the building permit process 2) To accept final and unconditional conveyance of the water utility facility for Waterside Shops. With the release of any Utilities Performance Security (UPS) 3) Recommendation that the Board of County Commissioners rescind the award of Contract ITB #08-5075, Collection Agency Service for Collier County to United Adjustment Corporation for failure to comply with bid requirements. For failing to provide a fidelity bond in the amount proposed in the bid invitation; staff to re-solicit and will advise the Board as to whether additional action should be taken against the corporation 4) Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023, relating to property located at 2891 Bayview Drive, Collier County, Florida. For violations at the Haldeman Creek Boat House Grill & Marina in the negotiated amount of $8,287.00 and waiving any claim to the remaining $64,750.85 (No settlement agreement provided in meeting agenda) B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement for a ten foot (10) slope easement which is required for the Collier Boulevard Project. Project No. 68056, Parcel No. 172 (Fiscal Impact: $2,335.00). May 12, 2009 Page 7 For property owned by Fredis and Mayra Trujillo in Golden Gate Estates, in the west side of Weber Boulevard South 2) Recommendation to adopt a resolution authorizing the purchase of fee simple interests necessary for the construction of the interchange improvements and additional traffic lanes on Immokalee Road to support the interchange at 1-75. (Capital Improvement Element Nos. 42.2 and 43.1, Project No. 60171). Estimated fiscal impact for right of way acquisition: $250,000. Resolution 2009-118 3) Recommendation to approve a Conveyance and Maintenance Agreement providing for the conveyance of county land (Parcels 132FEE and I 32FEE2) and the maintenance of a noise attenuation wall for the Santa Barbara Boulevard Extension Project. (Project No. 60091.) Estimated Fiscal Impact: $100.00. Conveyance and agreement with the Falling Waters Master Association, Inc., who will assume maintenance of the inside wall 4) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for the Countywide Pathways Program, TIS Review, PUD Monitoring/Traffic Counts PIL, and PUD Monitoring/Fair Share Projects within the Transportation Supported Gas Tax Fund (313) in the amount of $234,959.77. Funds collected as payment-in-lieu, project review fees and Fair Share payments from the application and monitoring process 5) Recommendation to award RFP #08-5130 for Design and Related Services to be provided by CME Associates, Inc., for Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction (White Boulevard Bridge and 23rd Street Southwest), in the amount of$395,012, Project No. 66066. Utilizing prefabricated bridge elements and systems reducing onsite construction time, traffic and environmental impact, possibly lower first and life cycle costs, improve worker and vehicle safety, enhance quality of the bridge and minimize repairs 6) Recommendation for the Board of County Commissioners to recognize FY 2008/2009 Federal Transit Administration Section No. May 12, 2009 Page 8 5311 additional revenue in the amount of $242,405.00 to Collier Area Transit Fund (426) and approve the necessary budget amendments. Used to offset operation costs of the Immokalee Circulator Route 7) Recommendation to execute a Joint Participation Agreement between the Florida Department of Transportation (FDOT) and Collier County for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center, in an estimated amount of$I,300,000, allocated over three fiscal cycles. Resolution 2009-119 8) Recommendation to approve submitting a Section No. 319 Nonpoint Source Management Program grant application to the Florida Department of Environmental Protection (FDEP) in the amount of $721,737 to construct the Griffin Road Stormwater Improvement Project. Project will be constructed on the Rookery Bay Property off US 41 (Tamiami Trail) and Barefoot Williams Road and will help improve water quality and help reduce area flooding 9) Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the submission of the Transportation Disadvantaged Trust Fund Trip/Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged, in the amount of$571 ,781 $635,069 (Per Agenda Change Sheet (CTD) Resolution 2009-120 C. PUBLIC UTILITIES 1) Recommendation to approve Amendment A02 to the existing Agreement No. ML070554 between Collier County and the South Florida Water Management District for water quality monitoring work that will modify the scope of work to include newly approved Florida Department of Environmental Protection quality control criteria. As detailed in the Executive Summary 2) Recommendation to approve AshBritt Environmental, Inc. (Contract #05-3661) and Solid Resources, Inc. (Contract #05-3831) as the initial May 12, 2009 Page 9 debris removal and monitoring contractors in operational readiness for the upcoming 2009 Hurricane Season. For an initial four year contract period for right-of-way cleanup ensuring maximum reimbursement from FEMA 3) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Manatee Road 6 Million Gallon (MG) above ground water storage tank at a site located at 1300 Manatee Road in Collier County, Florida and at a cost not to exceed $61.00, Project No. 70157. 5.67 acre preservation area for construction beginning in FY2011 4) Recommendation to approve acquisition of a Utility Easement and a Right of Entry required for the replacement and rehabilitation of the water distribution system serving the West Wind Estates Condominium at an estimated cost not to exceed $37.00, Project Number 71010. Southeast Collier County on Tamiamj Trail East (US 41 South) D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Interlocal Agreement for the Collier County Sheriffs Office (CCSO) to take Coastal Zone Management (CZM) staff out to artificial reef sites to conduct monitoring of artificial reef sites in exchange for one (I) permanent vessel slip at Goodland Park. Saving approximately $7,000 this one year agreement will allow CZM to conduct up to twenty-four (24) dives and monitor reef sites within nine nautical miles of Collier's coastline 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, four (4) Owner Occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. Deferring $57,403.70 for properties located on Justice Circle in the Liberty Landing Subdivision, Immokalee May 12, 2009 Page 10 3) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of agreements approved, total dollar amount deferred and the balance remaining for additional deferrals in FY09. As detailed in the Executive Summary 4) Recommendation for the Board of County Commissioners to approve the Homeless Prevention and Rapid Re-Housing Program (HPRP) amendment to the 2008-09 HUD One Year Action Plan and authorize the Chairman to sign the necessary certifications and documents for submission to Housing and Urban Development (HUD) by May 18, 2009. As detailed in the Executive Summary 5) Recommendation that the Board of County Commissioners approve the conceptual plan for the replacement of the Vanderbilt Beach restrooms and authorize staff to proceed with design and permitting. Currently budgeted in the amount of $1,070,800 6) Recommendation that the Board of County Commissioners approve the after-the-fact submittal of a Coastal and Marine Habitat Restoration, through the American Recovery and Reinvestment Act (ARRA) grant application to the US Department of Commerce National Oceanic Atmospheric Administration (NOAA) for marine debris removal on natural and artificial reefs, bridges and passes throughout the County in the amount of$623,355. As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners give after- the-fact approval for a South Florida Coastal Ecosystem Program grant application that was submitted to the U.S. Fish and Wildlife Service (USFWS) for $534,900 (of which $258,700 will be reimbursable) to fund invasive, exotic plant removal within the Pepper Ranch Preserve SSA-7. The three year project will cover 493.4 acres within the 2,512 acre preserve located along the northern shoreline of Lake Trafford, May 12, 2009 Page 11 west of Immokalee 2) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the second quarter of FY09. As detailed in the Executive Summary 3) Recommendation to terminate the existing Contract #08-5017 for the Annual Contract for County Wide Exotic Vegetation Removal and award ITB #09-5225 for the Annual Contract for County Wide Exotic Vegetation Removal to the lowest responsive bidders by category, in an annual estimated amount of$350,000. Awarded to Aquagenix/Deangelo Brothers and Johnson's Tree Service for chemical removal and Environmental Restoration Consultants, LLC and Johnson's Tree Service for mechanical removal 4) Recommendation that the Board of County Commissioners provides after-the-fact approval for a Water Savings Incentive Program (SIP) grant applications that were submitted to the South Florida Water Management District for water conservation projects in the amount of $450,342. Grant applications for seven projects that will save tax dollars by cutting water consumption at selected government facilities Moved to Item #10D (Per Agenda Change Sheet) 5) Recommendation to award Bid No. 09-5213, for the construction of the Administration Building (Bldg. F) Security Lobby Addition, Project No. 52525.1, in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Inc. (BCBE) 6) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period March 25,2009 through April 21, 2009 7) Recommendation that the Board of County Commissioners awards RFP #09-5126, Annual Contract for Purchasing, Leasing, Renting and/or Cleaning All Collier County Uniforms, to various vendors in the estimated annual amount of $350,000. May 12, 2009 Page 12 Awarded to Cintas, UniFirst, and Screen Printing Unlimited F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve the submittal ofa Federal Emergency Management Agency Assistance to Firefighter's Grant in the amount of$223,000 for the purchase of a Pumper Tanker for the Ochopee Fire Control District and authorize on-line submittal of the application. To replace an old failing vehicle this new 3000 gallon pumper will provide water for structure, vehicle and brush fires and hazardous material incidents 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2009-121 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to accept the Volunteer Fire Assistance Grant awarded to Ochopee Fire Control District in the amount of $11,716 for the purpose of refurbishing two 6X6 five ton vehicles. Items submitted for purchase include a water tank, fire pump, fiberglass roofs for truck cabs and foam systems 4) Approve budget amendments. BA #09-282: Continued construction ofthe Freedom Memorial BA #09-284: Rock core testing within the Haldeman Creek MSTU 5) Review the first quarter calendar year 2009 report on tourism activities on behalf of Collier County by the Tourism Department and the Naples, Marco Island, Everglades Convention & Visitor's Bureau. As detailed in the Executive Summary G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS May 12, 2009 Page 13 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the dedication of the Kokomis Historic Keewaydin boat on Friday, April 17, 2009, at the Collier County Museum in Naples, Florida. $15.00 to be paid from Commissioner Halas' travel budget. Located at the Government Center Complex 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a Fiddler's Creek Luncheon on April 17, 2009 at the Club & Spa at Fiddler's Creek in Naples, FL. $17.98 to be paid from Commissioner Fiala's travel budget. Located at 8152 Fiddler's Creek Parkway, East Naples 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the 7th Annual Paradise Coast Tourism Star Awards Luncheon on May 13,2009 at Fleming's Prime Steakhouse & Wine Bar in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 8985 Tamiami Trail North 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier County Arts Forum Luncheon on Apri124, 2009 at Hamilton Harbor in Naples, FL. $14.00 to be paid from Commissioner Fiala's travel budget. Located at 7065 Hamilton Ave 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council (EDe) Project Innovation luncheon meeting on Wednesday, April 15, 2009, at the EDC Offices in Naples, Florida. $7.50 to be paid from Commissioner Coletta's travel budget. Located at 3050 Horseshoe Drive N. I. MISCELLANEOUS CORRESPONDENCE May 12, 2009 Page 14 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of April 18, 2009 through April 24, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of April 25, 2009 through May 01, 2009 and for submission into the official records of the Board. 3) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of2009) and designate the Sheriff as the official applicant, the Sheriff's office staff as Grant Program and Financial Managers of Sheriff's Office Applications, and execute the Certificate of Participation. Designating Sheriff Kevin Rambosk as the applicant for grant funds that will be used to support expenses for the child abuse/sexual offender/sexual predator program K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$157,000 for Parcell 09 in the lawsuit styled Collier County v. Regions Bank, et aI., Case No. 07-364I-CA (Collier Boulevard Project #60001). (Fiscal Impact $9,800.) Remaining compensation for a road right-of-way and temporary construction easement located off of Lely Cultural and Collier Boulevards 2) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Gabriel Leyva, individually and as agent for Compass Auto Transport, Inc. and Compass Auto Transport, Inc., in County Court, Small Claims Division in and for Collier County, Florida to recover damages in the amount of$3,058.84, plus costs of the action. May 12, 2009 Page 15 The result of a 2007 traffic accident on SR29 with damages to a guardrail 3) Request that the Board of County Commissioners directs the County Attorney to advertise five ordinances for the sole purpose of relocating the advisory board ordinances relating to the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board, from the Collier County Land Development Code to the Collier County Code of Laws and Ordinances, and to waive the requirement, if any, to implement this relocation through a Special LDC Cycle. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure he provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Petition: SNR-2008-AR-14115, (AC) GBP Development L TD, represented by Michael Herrera, P.E. of Q. Grady Minor & Associates, P.A., is requesting a street name change from Chiasso Bend Court to Vadala Bend Court. Subject property is located in Fiddler's Creek Phase 4, Unit 2, Sections II and 14, Township 51 South, Range 26 East, Collier County, Florida. Resolution 2009-122 B. Recommendation that the Board of County Commissioners adopt an ordinance declaring a state of local economic emergency; tolling to May 12, 2011 the Planned Unit Development (PUD) time limits and time limit May 12, 2009 Page 16 extension requirements as found in Section 1 0.02.13.D of the Collier County Land Development Code (LDC). Ordinance 2009-22 C. This item continued to the June 23, 2009 BCC Meetine:. An Ordinance amending the Code of Laws and Ordinances of Collier County, Florida, as adopted by Ordinance Number 02-49, as amended, The Collier County Fire Prevention and Protection Code, by amending Chapter 58, "Fire Prevention and Protection," Article II, "Fire Safety Standards", by amending Section 58- 26, pertaining to adopted standards and codes of the National Fire Codes published by the National Fire Protection Association (NFPA); Amending Section 58-27, pertaining to amendments to adopted fire codes, specifically NFPA 1, 2006 edition; Amending Section 58-28, pertaining to amendments to the adopted life safety code, specifically NFP A 101, 2006 edition; Providing for the inclusion in the Code of Laws and Ordinances; Providing for conflict and severability; and providing for an effective date. 18. ADJOURN Motion to adjourn - Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. May 12, 2009 Page 17