Agenda 04/22-23/2008 Change Sheet
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 22. 2008
Withdraw Item 6B: Public petition request by Carl Kuehner to discuss PUD rezone for Esperanza Place,
Immokalee, Florida. (Petitioner's request.)
Withdraw Item 6C: Public petition request by Markus Weatherwax to discuss sign permits for Athletic Club
of Naples. (Petitioner's request.)
Item 7A: Under "Considerations" of the executive summary, the last part of the first sentence should read,
". . , . . that the provisions of the previously adopted LDC shall apply in the event (rather than "even") of
such a conflict." Also, page 65 of 69, the August 31, 2008 date on Brad Schiffer's letter is incorrect. The
letter would have been written sometime between March 26 and April 8, 2008. (Commissioner Fiala's
request.)
Item 7B: The Resolution for this item was omitted from the printed agenda packet. Copies have been
distributed and made available for review. (Staff's request.)
Item 8A: Section Five (b) of the Ordinance should read as follows: "plus an additional ene l'IllRdred and
fifty dollars ($150.00lJifty dollar fiftv dollar ($50.00) appeal fee. .." "The $150.00 $50.00 fee may be
amended by Resolution of the Board of County Commissioners." Section Seven (e) of the Ordinance
should read as follows: "plus an additional one lumdred and fifty dollars ($150.00) fifty dollar ($50.00)
appeal fee. .." (Staff's request.)
Item 9C: The first sentence under Considerations, should read, "The citizens of Collier County and the
general public desire to use the Addition Lands as such lands... ," (Commissioner Fiala's request.)
Add On Item 9E: Recommendation for the Board of County Commissioners to approve filling a vacant
position in the Board's Office as an exception to the current County policy to not fill open or vacated
General Fund positions. (Sue Filson's request.)
Add On Item 10G: Recommendation to approve presenting to the U.S. Congress for consideration in the
2008 Water Resources Development Act (WRDA) two proposed Collier County water quality projects,
including Clam Bay Estuary improvements, and a Naples Bay conservation initiative entailing a system of
10 Aquifer Storage and Recovery (ASR) wells along Golden Gate Canal, and a City of Marco Island project
request for Hideaway Beach erosion control and beach renourishment. (Staff's request.)
Add On Item 10H: Letter to Florida Transportation Secretary regarding April 24, 2008 Alligator Alley
Industry Forum. (Staff's request.)
Move Item 16C2 to 101: Recommendation to approve as ex-officio the governing Board of the Collier
County Water-Sewer District, to enter into a Memorandum of Understanding/Charter, establishing the
Lower West Coast Utility Council. (Commissioner Coyle's request.)
Withdraw Item 16H1: Commissioner Coletta requests Board approval for reimbursement serving a valid
public purpose. Will attend the Coalition of Immokalee Workers "Human Rights Heroes in our Backyard"
on April 11 ,2008. $50 to be paid from Commissioner Coletta's travel budget. (Commissioner Coletta's
request.)
Move Item 16H7 to 41 and will be read on Wednesday. April 23. 2008: Proclamation thanking The Honorable
Mario Diaz-Balart for his extraordinary service to Collier County. (Commissioner Coletta's request.)
Item 170: Exhibit 0, Development Conditions CU-2007-AR-11394 that appears in the agenda packet is
incorrect. A correct Exhibit 0 has been distributed and made available for review. (Staff's request.)
Item 17E: The Resolution for this item was omitted from the printed agenda packet. Copies have been
distributed and made available for review. (Staff's request.)
Move Item 171 to 8C: Recommendation that the Board of County Commissioners consider adopting an
Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the
Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable
Organization Impact Fee Deferral Program. (Commissioner Coletta's request.)
Time Certain Items:
Item 3 Service Awards: Item 4 Proclamations: and Item 5 Presentations will be heard on Wednesday. April
23. 2008 beQinninQ at 9:00 a.m,
Item 7C to be heard at 2:00 p.m. This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. CUR-2008-AR-12955 SR-846 Land Trust Earth Mine, Mining Venture,
LLC., represented by R. Bruce Anderson of Roetzel & Andress, is requesting a review of the approved
Conditional Use Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district. The
subject property, consisting of 2,576 acres, is located east of Immokalee Road (CR-846), approximately 2
miles north of Oil Well Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of
Sections 1 & 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier
County, Florida.
Item 8B to be heard at 4:30 p.m. This item was continued from the April 8, 2008 BCC meeting,
Recommendation that the Board of County Commissioners reconsider the Land Development Code
Amendment addressing the calculation of the maximum number of wetslips when a shoreline is in a
Conservation Easement.
Item 10B to be heard at 10:30 a.m.: Recommendation from the Pelican Bay Services Division that the Board
of County Commissioners authorize the Pelican Bay Services Division to prepare, sign and submit the
Clam Bay Management Plan to the Federal and State Agencies.
Item 10E to be heard at 10:00 a.m.: Recommendation that the Board of County Commissioners approve
changes to a current interlocal agreement with the City of Naples for funds earmarked for Pulling Boat
Ramp; give direction considering a funding policy for capital improvements and operations/maintenance at
municipalities for Parks and Recreation programs.
Item 12A to be heard at 11 :15 a.m.: Recommendation that the Board of County Commissioners sitting as
the Board of Zoning Appeals reject the recommendations of the Special Magistrate pursuant to the
alternate dispute resolution process resulting from the denial of the conditional use for the expansion of a
church, (Petition CU-2004-AR-6384 - Golden Gate Congregation of Jehovah's Witnesses, Inc.)
Item 12B to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011 (8) Fla. Stat.,
the County Attorney desires advice from the Board of County Commissioners in closed attorney-client
session on TUESDAY, APRIL 22, 2008, at a time certain of 12:00 noon in the Commission conference room,
The Board in executive session will discuss: Settlement negotiations and strategy related to litigation
expenditures in the pending litigation cases of 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.