COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA. June 14, :00 AM. Fred W. Coyle, Chairman, District 4

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1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 14, :00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO , AS AMENDED 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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) ; 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. Page 1 of 11

2 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 summary agenda.) B. May 10, BCC/Regular Meeting C. May 11, BCC/LDC Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Presentation of the Advisory Committee Outstanding Member Award to Russell A. Budd, Collier County Planning Commission. 4. PROCLAMATIONS A. Proclamation to designate the Week of June 13 through June 17, 2005 as Code Enforcement Officers' Appreciation Week. To be accepted by Michelle Arnold. 5. PRESENTATIONS A. Presentation by 1,000 Friends of Florida to the Board of the Community Steward Award. 6. PUBLIC PETITIONS A. Public Petition request by Donnie McDowell to discuss development, adoption and implementation of a zoning overlay for Copeland. B. Public Petition request by Richard Yovanovich to discuss redesignation of properties - Rural Fringe. C. Public Petition request by Wesley Ceeley to discuss Code Enforcement violation notice for property damage. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for the adoption of a Law Enforcement Impact Fee with a delayed effective date of August 1, Page 2 of 11

3 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SRA-04-AR-6896, Alan D. Reynolds of WilsonMiller, Inc., representing New Town Development, LLLP, requesting a designation of a Stewardship Receiving Area (SRA) Application for 5,027 acres of land pursuant to the regulations of the Rural Lands Stewardship Area (RLSA) Zoning Overlay District to allow for a mix of residential neighborhoods, a mixed-use town center, a Community Facilities District, medical office, wetland preserve areas and parklands, public and private schools and a university. Companion Item: DRI-04-AR-6293 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRI-04-AR-6293, New Town Development, LLP, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, requesting approval of a Development Order for the Town of Ave Maria Development of Regional Impact (DRI) to allow for a mix of residential neighborhoods, a mixed-use town center, a Community Facilities District, medical office, wetland preserve areas and parklands, public and private schools and a university. Companion Item: SRA-04-AR-6896 D. Recommend that this item be continued to the June 28, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2003-AR-4961 Southern Development Company, Inc. represented by Jeff L. Davidson, P.E., of Davidson Engineering, Inc., requesting a rezoning from A Rural Agricultural and C-2ST Commercial Convenience with a Special Treatment overlay zoning districts to C-3 Commercial Intermediate zoning district for property known as Home Center Plaza located East of the US 41 and SR 951 intersection, further described in Section 3, Township 51 South, Range 26 East, Collier County, Florida. This property consists of acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Habitat Conservation Plan Ad Hoc Committee. B. Recommendation to declare a vacancy on the Immokalee Local Redevelopment Advisory Board. C. Appointment of member to the Environmental Advisory Council. D. Appointment of members to the Contractors' Licensing Board. E. Appointment of member to the Immokalee Enterprise Zone Development Agency. F. Commissioner Halas request for discussion to direct County Attorney to proceed toward filing suit to determine legal ownership of easements along Vanderbilt Beach. G. Request to reconsider Bembridge PUD, PUDZ-A (Commissioner Henning.) 10. COUNTY MANAGER S REPORT A. Recommendation to consider a request to authorize the Collier County Engineering Review Department to evaluate the quantity and quality of economically feasible limerock and hard rock aggregate within the limits of Collier County and prepare a report to the Board with recommendations as to where hard rock mining should be allowed by the Comprehensive Plan. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN CEI Services for Collier County Road Projects for Project No Rattlesnake- Hammock Road Six-Laning Project from Polly Avenue to Collier Boulevard in the amount of $2,517, (Norman Feder, Administrator, Transportation Services) Page 3 of 11

4 C. To provide a status report of the special master process approved by the Board of County Commissioners in (Joseph K. Schmitt, Community Development and Environmental Services Administrator) D. Recommendation to approve the Collier Metropolitan Planning Organization s (MPO) Operating Budget for FY 2005/06 ($449,834 in new federal and local funding), including $9,233 County match to the Federal planning grants received by the MPO. (Norman Feder, Administrator, Transportation Services) E. This item continued from the May 24, 2005 BCC Meeting. Recommendation that the Board of County Commissioners waive re-payment of fleet expenses, totaling $121,100.82, which are due from ATC/ Intelitran Inc. and supplement their insurance payments up to $187,000. (Norman Feder, Administrator, Transportation Services) F. Recommend Approval of Tourist Development Category A Grant Applications from the City of Naples, City of Marco Island, Collier County Environmental Services, Collier County Parks and Recreation, Pelican Bay Services District and the Collier County Tourism Department for Beach Renourishment and Maintenance and Beach Park Facilities for Fiscal Year 2006 In The Total Amount of $3,508,775. (Jack Wert, Director, Tourism) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY S REPORT A. This item to be heard at 11:00 a.m. Recommendation that the Board of County Commissioners Give Direction to Outside Counsel (Garvin & Tripp, P.A.) and the Office of the County Attorney Concerning the Settlement Offer Required by Section (4)(c), Fla. Stat., in Response to the Purported Bert Harris Act Claim Asserted by Van-Dev, Inc. and Vanderbilt Beach Associates, Ltd. - the Alleged Owner(s) of the Vanderbilt Beach Inn Property. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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 approve Petition AVESMT2004-AR5649 to disclaim, renounce and vacate the County s and the Public s interest in a portion of the Drainage and Maintenance Easement Agreement conveyed to Collier County by separate instrument and recorded in Official Record Book 2866, Pages 2889 through 2904 and all of the Drainage and Maintenance Easement Agreement conveyed to Collier County by separate instrument and recorded in Official Record Book 3357, Pages 2709 through 2718, Public Records of Collier County, Florida. Located in the Valencia Lakes Subdivision in Section 23, Township 48 South, Range 27 East. Page 4 of 11

5 2. Recommendation to approve the Release and Satisfaction of Lien for the following cases: Frank L. and Laura S. Olszewski ; Fred P. and Norma J. Kowalke ; Helen Stormer Recommendation to authorize the Chairman to sign a ten year cooperative grant agreement with the U.S. Fish and Wildlife Service for funding habitat restoration on Conservation Collier properties to not exceed $250,000 over a ten-year period. 4. Recommendation to authorize the Chairman to sign a resolution appointing and authorizing the Community Development and Environmental Services Division Administrator or the Environmental Services Department Director to execute permit applications and other documents pertaining to Environmental Services Department Projects. 5. Recommendation to approve for recording the final plat of Sussex Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6. Recommendation to approve for recording the final plat of Mediterra Phase Three East, Unit Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation to approve awarding Bid # for Waterways Maintenance to Naples Dock and Marine Services for an annual contract estimated at $30, Recommendation to approve for recording the final plat of Edison Village, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 9. Recommendation to approve an Agreement for Sale and Purchase with Elsy Moreno and Aldemar Solarte for 2 parcels totaling 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $88, Recommendation to approve an Agreement for Sale and Purchase with Asfa Sill and Aleka Sill for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $32, Recommendation to approve an Agreement for Sale and Purchase with Gloria Goddard for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30, Recommendation to approve for recording the final plat of Royal Palm Golf Estates Replat #3, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13. Recommendation to approve for recording the final plat of Fiddler s Creek Phase 5, Aviamar Unit One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 14. Recommendation that the Board of County Commissioners (BCC) approve a budget amendment of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for the services of a consultant to assist with the preparation of a revised Immokalee Area Master Plan (IAMP) and a new rural land development code zoning overlay for the Immokalee Urban Area. THIS IS A COMPANION ITEM TO 16G1 - Recommendation that the Community Redevelopment Agency (CRA) recommend to the Board of County Commissioners (BCC) that the BCC approve a budget amendment of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for the services of a consultant to assist with the preparation of a revised Immokalee Area Master Plan (IAMP) and a new rural land development code zoning overlay for the Immokalee Urban Area. 15. Recommendation to allow County staff to administratively issue Vegetation Removal and Site Filling permits and certain Excavation permits as required for Lely Resort (Lely Resort PUD) located in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East. Page 5 of 11

6 16. Recommendation to approve a Sea Turtle License Plate Grants Program grant agreement from the Caribbean Conservation Corporation for the Environmental Services Department s Sea Turtle Public Awareness Program. 17. Recommendation to approve an application for participation in the Advanced Broadband Infrastructure Investment Program by Naples Diagnostic Imaging Center, Ltd. for two (2) site locations. 18. Recommendation to approve the application by Mobile Internet Technologies, LLC for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. 19. Recommendation to approve a previously approved Budget Amendment that funds the County's portion of the Tomasello Consulting Engineers, Inc. Change Order No Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section Recommendation to authorize the transfer of funds in the amount of $ from General Ledger Revenue Account 113 to Community Development Fund 131. B. TRANSPORTATION SERVICES 1. Recommendation to award Bid # S for preparation and delivery of Title Commitments and Real Estate Closing Services. 2. Recommendation that the Board accept a donation from WCI Communities, Inc. up to the amount of $73, Recommendation to approve in Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in Road Maintenance Activities. 4. Recommend Board's approval of Adopt-A-Road Agreement: Club Cultural Dominicano "Dominican Culture Club". 5. Recommendation that the Board of County Commissioners approve the issuance of a Right-of-Way (ROW) permit creating a designated parking area within the ROW on a specific segment of Capri Boulevard. 6. Recommendation that the Board approve amending Resolution No and the Landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation (FDOT) within the unincorporated area of Collier County, Florida which authorizes the Chairman to expand the boundaries of the existing US 41 North Phase I and II agreement and Resolution No to include US 41 North Phase III from Vanderbilt Beach Road to Immokalee Road. 7. Recommendation to award RFP , in the amount of $134,002, to Tindale-Oliver and Associates, Inc., for consultant services for a Transportation Facilities Impact Fee Update Study. 8. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Goodlette-Frank Road from Pine Ridge Road to Golden Gate Parkway. (Capital Improvement Element No. 88, Project No ). Estimated fiscal impact: $100, Recommendation to approve a Work Order in the amount of $618, to D.N. Higgins, Inc. for the Twin Lakes Interconnect Project (Project #510054), in accordance with the General Underground Utility Contract No Page 6 of 11

7 10. Recommendation to approve expenditure of $148,000 to Florida Power and Light (FPL) for streetlighting improvements on the south side of Immokalee Road from US 41 to I-75, Project No B. 11. Recommendation to award Collier County Bid # Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance to Advanced Lawn & Landscaping Service, Inc. with a base amount of $242, and Irrigation bid alternate of $44, for a total of $286, Recommendation to approve a budget amendment for a total of $73,300 requested by the Forest Lakes Roadway and Drainage MSTU for Road and Drainage Improvement Projects. 13. Recommendation to award Bid # Radio Road Beautification MSTU/MSTD Roadway Grounds Maintenance to Advanced Lawn & Landscaping Service, Inc. with a base amount of $99, and Irrigation bid alternate of $16, for a total of $115, Recommendation to approve Amendment No. 03 to Contract No with HDR Engineering, Inc. - Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District supplementing civil engineering design and surveying services in the amount of $207,795, and to approve a budget amendment in the amount of $40, for the Gateway Triangle Drainage Improvement Project, Project Number Recommendation to approve a Work Order in the amount of $414, to Haskins, Inc. in accordance with Contract No Underground Utility Contracting Services and to approve a budget amendment in the amount of $65, for the Farm Workers Village Project (Project No ). C. PUBLIC UTILITIES 1. Recommendation to approve amendment No. 3 to Work Order No. GH-FT-02-3; Professional Utilities Engineering Services Agreement with Greeley and Hansen LLC for the Wellfield Design and Permitting of the South County Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons Per Day, Project and Contract in the amount of $97, Approve Work Order AWP-FT not to exceed $50, to Above Water PR/Marketing for public information campaign for the Non-Residential Recycling Ordinance No Recommendation to award Contract # for hazardous waste collections to Clean Harbors Environmental Services, Inc. as the primary contractor and EQ Florida, Inc. as the secondary contractor in the amount not to exceed $315,000 per year. 4. Recommendation to approve an amendment to an existing agreement between Collier County and the South Florida Water Management District whereby the County will conduct additional surface and ground water monitoring in the Picayune Strand Restoration area in return for $132,000 to be paid to the County by the South Florida Water Management District. 5. Recommendation to award Contract # for the purchase of two front end loaders to replace two skid loaders for the recycling centers to Kelly Tractor Company in the amount of $164,784 and maintenance contract for on site service not to exceed $1,900 per year. 6. Recommendation that the Board Approve the Cooperative purchase from Sarasota County Contract # to retain services of Angie Brewer Associates (ABA) in the estimated annual amount of $249,000 to provide assistance in the acquisition of low cost State Revolving Fund (SRF) loans. 7. Recommendation to award Contract Fixed Term Disaster Debris Management, Removal and Disposal Services to three (3) firms. Annual cost is dependent on number and severity of disaster events occurring during the fiscal year. 8. Recommendation to award Bid # for the purchase and delivery of emulsion polymer in the estimated annual amount of $180,000 for the Wastewater Department. Page 7 of 11

8 9. Recommendation to approve an alternative water and sewer impact fee calculation and the resulting rate of 26 gallons per day per seat for the proposed Carrabba's Italian Grill in the Freedom Square Shopping Center. D. PUBLIC SERVICES 1. Recommendation to approve a revised Letter of Agreement with the Agency for Health Care Administration for an additional $500,000 to receive an additional $87,500 through use of the Upper Payment Limit program. 2. Recommendation to modify the award of bid # for food for the summer meal program for Parks and Recreation to allow for the addition of non-specified items. 3. Recommendation to approve FY 03 and FY 04 annual reports to the Florida Department of Highway Safety and Motor Vehicles for the Choose Life Specialty License Plate. 4. Recommendation to approve the award of RFP # to Health Force, Accu-Care, Home Instead, Right at Home, Heaven Sent, Care Club of Collier County and Millennium House to provide adult day care and in-home care services for the Human Services Department/Services for Seniors Program. The estimated annual budget is $625, Recommendation to approve an interlocal agreement with the City of Naples to fund construction of the Pulling property boat ramp facility in an amount not to exceed $400,000 E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the award of Bid No. # to TruGreen Landcare, for Grounds Maintenance for Government Complex," in the amount of $76, Recommendation to accept acres from the South Florida Water Management District as partial settlement of commitments made by it and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the Collier County Board of County Commissioners under Agreement dated October 8, Recommendation to authorize the expenditure of $3,851.67, resulting from the Board s October 26, 2004 approval of agenda item 16E(3), to reclassify certain county employment classifications from exempt to non-exempt under the Fair Labor Standards Act. 4. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # for the second quarter of FY Recommendation to award a work order (#VC-02-25) under Contract # for Golden Gate ADA Improvements in the amount of $139,300 to Wm. J. Varian Construction Company. 6. Recommendation to approve a contract change with Vanderbilt Bay Construction to allow for the direct material purchase of pre-cast concrete for the Vanderbilt Beach Parking Garage, project 90295, and avoid $72,000 in taxes. 7. That the Board of County Commissioners approve expenditures for vehicle and equipment towing services in excess of $25,000 annually under RFQ # , 24-Hour Towing Services. 8. Recommendation to award Bid # Retrofit Elevators in Building F (Administration Building) in the amount of $172,176 to KONE Elevators and Escalators for the retrofit of elevators in the Harmon Turner Administration Building. 9. Recommendation to approve change order number one (1), to contract , Annex Parking Garage, Project 52010, with Kraft Construction Company, Inc. for the direct material purchase of the pre-cast concrete panels to save $168,132 in taxes. 10. Report and ratify staff-approved change orders and changes to work orders to Boardapproved contracts. Page 8 of 11

9 11. Recommendation to approve a software services agreement with M/A COM, Inc. for continued software support of the 800 MHz radio system at an annual cost of $71,250 F. COUNTY MANAGER 1. Recommend Approval of Work Order #CPE-FT to Contract # County/City of Naples Beach Renourishment Construction Phase Biological Monitoring Scope of Work and Fee Proposal in the amount of $839, Recommend Approval of Work Order #CPE-FT to Contract # with Coastal Planning and Engineering for Beach Physical Survey for the 2005 County/City of Naples Beach Renourishment Project for the amount of $88, Recommendation to approve the use of the Florida Sheriffs' Statewide Contract for the purchase of two (2) fire engines by the Ochopee Fire Control District and approve a lease/purchase agreement between Collier County and E-One, Inc in the amount of $329, Recommendation to approve the submittal of the Ochopee Fire Control District's application for a matching (50/50)grant offered by the Florida Division of Forestry, accept the grant award and approve the necessary budget amendments to recognize and appropriate revenue in the amount of $15, Recommendation to approve the submittal of the Ochopee Fire District's application for a Volunteer Fire Assistance matching (50/50) grant offered by the Florida Division of Forestry, accept the grant award and approve the necessary budget amendments to recognize and appropriate revenue in the amount of $9, Recommendation to approve a Resolution to update user fees for Collier County ambulance services, which Resolution supersedes and replaces Resolution No G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Community Redevelopment Agency (CRA) recommend to the Board of County Commissioners (BCC) that the BCC approve a budget amendment of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for the services of a consultant to assist with the preparation of a revised Immokalee Area Master Plan (IAMP) and a new rural land development code zoning overlay for the Immokalee Urban Area. THIS IS A COMPANION ITEM TO ITEM 16A14 -Recommendation that the Board of County Commissioners (BCC) approve a budget amendment of up to $300,000 in FY05 Budget tax increment financing (TIF) funds for the services of a consultant to assist with the preparation of a revised Immokalee Area Master Plan (IAMP) and a new rural land development code zoning overlay for the Immokalee Urban Area. 2. Approve a budget amendment for $22,100 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year and to obtain approval for the Chairman to sign the Application. Page 9 of 11

10 K. COUNTY ATTORNEY 1. Recommendation to approve a budget amendment in the amount of $28,000 to transfer funds from Fund 652 Reserves to its operating budget to fulfill the County's annual obligation to Legal Aid. 2. Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 111 in the Lawsuit Styled Collier County v. Norma E. Banas as Trustee, et al. Case No CA (Immokalee Road Project No ). Additional Cost to County is $37, After Credit for Amount Deposited. 3. Recommendation to approve the Offer of Judgment in the amount of $16, as to Parcel 103 in the lawsuit styled Collier County v. Ocean Boulevard Partnership, et al., Case No CA (Immokalee Road Project 66042). (Fiscal Impact $3,196.00) 4. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment in the amount of $78, for Parcel Nos. 142, 742A, 742B, and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No CA (Golden Gate Parkway Project 60027). (Fiscal Impact $32,509.20) 5. Recommendation to approve the Stipulated Final Judgment in the amount of $121, for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No CA (Golden Gate Parkway Project 60027). (Fiscal Impact $31,285.16) 6. Request by the Housing Finance Authority of Collier County for Approval of a Resolution Authorizing the Authority to Issue Multi-Family Housing Revenue Bonds to be Used to Finance the Acquisition and Rehabilitation of the George Washington Carver Apartments in Naples. 7. Request by the Housing Finance Authority of Collier County for Re-Approval of Resolution Authorizing the Authority to Issue Multi-Family Housing Revenue Bonds to be Used to Finance a Qualifying Apartment Project. 8. Request by the Collier County Health Facilities Authority for Approval of a Resolution Authorizing the Authority to Issue Revenue Bonds for Healthcare Facilities at Moorings Park. 9. Recommendation that the Board of County Commissioners approve a Compliance Agreement with respect to eighty-three (83) citations issued to Joseph Deroma, between October 3, 2000, and July 16, 2003, filed in Collier County Court, and direct the County Attorney Office to file a Notice of Dismissal in each case as set forth in the Compliance Agreement. Page 10 of 11

11 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 all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6192: Toll Brothers, Inc., represented by Christopher Hagan, of Johnson Engineering, Inc. and Richard Yovanovich, of Goodlette, Coleman & Johnson, requesting a rezone from the Rural Agriculture (A) and Community Facility (CF) zoning districts to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Cook Property PUD. A total of 160 single- or multi-family units or some combination of both are proposed on acres. The property is located at 7700 and 7792 Davis Boulevard, approximately 1,700 feet east of Santa Barbara Boulevard in Section 9, Township 50 South, Range 26 East, Collier County, Florida. B. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVROW2004-AR6443 to disclaim, renounce and vacate the County s and the Public s interest in a portion of the road right of way for Church Avenue which was dedicated to the County by the plat of Bay Park, as recorded in Plat Book 1, Page 61, Public Records of Collier County, Florida, and to accept a 15 foot wide drainage easement. Located in Section 11, Township 50 South, Range 25 East. C. Recommendation to adopt a resolution designating 9,911.1 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as Stewardship Sending Area 6 ( BCI/BCP SSA 6 ), approving a credit agreement for BCI/BCP SSA 6 and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Baron Collier Partnership. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER S OFFICE AT Page 11 of 11