Recap 04/10/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
April 10, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala" District 1; CRAB Chairman (arrived at 1:30 P.M.)
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 PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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April 10, 2007
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 VERBA TIM 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) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Captain Alejandro Castillo, The Salvation Army
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 - 4/0 (w/ the exception to Item
#16F3 - Commissioner Halas opposed) (Commissioner Fiala absent)
B. January 12,2007 - BCC/Annexation Meeting
Approved as presented - 4/0 (Commissioner Fiala absent)
C. March 13, 2007 - BCC/Regular Meeting
Approved as presented - 4/0 (Commissioner Fiala absent)
D. March 19,2007 - BCC/East Naples Fire Control District Workshop
Approved as presented - 4/0 (Commissioner Fiala absent)
E. March 20,2007 - BCC/School Board Joint Workshop
Approved as presented - 4/0 (Commissioner Fiala absent)
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April 1 0, 2007
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-vear Recipients
1) Ms. Susan Becker - Tourist Development Council
Presented
4. PROCLAMATIONS
A. Proclamation designating April as Water Conservation Month. The State of
Florida, Water Management Districts and Collier County are working
together to increase awareness about the importance of water conservation.
To be accepted by Mr. Paul Mattausch, Director, Water Administration
Department and Mr. Clarence Tears, Director, Big Cypress Basin, South
Florida Water Management District.
Adopted - 4/0 (Commissioner Fiala absent)
B. Proclamation designating April 22, 2007 as EARTH DAY IN COLLIER
COUNTY. Collier County wishes to join millions of people across the globe
in maximizing awareness and celebration of this day. To be accepted by Mr.
Raymond Smith, Director, Pollution Control and Prevention; Mr. Dan
Rodriguez, Director, Solid Waste; and Mr. John Yonkosky, Director, Utility
Billing and Customer Service.
Adopted - 4/0 (Commissioner Fiala absent)
C. Proclamation designating April 10, 2007 as Guadalupe Center oflmmokalee
Day and to recognize that the lives of the families and residents of
Immokalee are forever changed because of the partnership between the
Guadalupe Center and the community of Immokalee and residents of Collier
County. To be accepted by Mr. Desmond Barrett, Director of Early
Childhood Education, Guadalupe Center of Immokalee.
Adopted - 4/0 (Commissioner Fiala absent)
D. Proclamation to designate April 9-13, 2007 as THE 28TH ANNIVERSARY
OF KNOW YOUR COUNTY GOVERNMENT WEEK to recognize that
increasing one's knowledge of how various aspects of county government
works can enhance an individual's quality oflife in Collier County. To be
accepted by two Naples-area high school students: Anthony Esparza from
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April 10, 2007
Naples High School and Stephanie Alvarez from Barron Collier High
School.
Adopted - 4/0 (Commissioner Fiala absent)
E. Proclamation designating the month of April as Child Abuse Prevention
Month to bring attention to the community to increase their participation in
our efforts to support families, thereby preventing child abuse and
strengthening the communities in which we live. To be accepted by Mr. Ron
McSwiney, Executive Director, Youth Haven Inc.
Adopted - 4/0 (Commissioner Fiala absent)
F. Proclamation designating May 13-19,2007 as Tourism Week in Collier
County to recognize the importance of travel and tourism in our community.
To be accepted by Mr. Jack Wert, Director, Department of Tourism.
Adopted - 4/0 (Commissioner Fiala absent)
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 Y.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the September 12, 2006 BCC meetinl!: and
the December 12,2007 BCC meetinl!: and is further requested by the
petitioner to be continued indefinitely. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples,
LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson &
Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a
Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) by amending the approved Windstar PUD to add the
subject 20.52 acres and its additional residential units thereby allowing a
maximum of 584 residential units on 341.1 acres. The subject property is
generally located on the west side of Bay shore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East)
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April 1 0, 2007
intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East,
Collier County, Florida.
Motion to continue item to no earlier than December 1, 2007-
Approved 4/0 (Commissioner Fiala absent)
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SNR-2007-AR-11244
(AB) The Philharmonic Center for the Arts, represented by Joseph Crowley,
Jr, is requesting a street name change. The application proposes to change to
Myra Janco Daniels Boulevard that portion of West Boulevard on the north
side of Seagate Drive to its intersection with Pelican Bay Boulevard. The
street is located in the southernmost section of Pelican Bay, just north of
Seagate Drive and west of the Tamiami Trail North (US Rt. 41), Section 9,
Township 49 South, Range 25 East, Collier County, Florida.
Resolution 2007-90 Adopted 5/0
Moved from Item #17D
C. Request to Approve an Amendment to Collier County Ordinance No. 79-8,
as Amended, the Collier County Vessel Control Ordinance; by Amending
Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in
Naples Bay and to Direct Staff to Prepare a Waterway Permit Application
Ordinance 2007-38 Adopted 4/1 (Commissioner Halas opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Immokalee EZDA.
Resolution 2007-82 Appointing Richard Heers, Julio Estremera, Ana
Salazar, Bob Soter, and waiving term limits for Richard Rice, Ira J.
Malamut and Floyd Crews and confirmation of Carol Sykora as the
Code Enforcement Officer - Adopted 4/0 (Commissioner Fiala absent)
B. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2007-83 Appointing Rosalina M. Martinez and Valaree D.
Maxwell- Adopted 4/0 (Commissioner Fiala absent)
C. Appointment of member to the Industrial Development Authority.
Resolution 2007-84 Appointing Thad D. Kirkpatrick - Adopted 4/0
(Commissioner Fiala absent)
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April 10, 2007
D. Appointment of member to the Educational Facilities Authority.
Resolution 2007-85 Appointing Clay W. Cone - Adopted 4/0
(Commissioner Fiala absent)
E. Appointment of member to the Tourist Development Council.
Resolution 2007-86 Appointing Clark Wakefield Hill- Adopted 4/0
(Commissioner Fiala absent)
F. Appointment of member to the Collier County Airport Authority.
Motion to re-advertise - Approved 4/0 (Commissioner Fiala absent)
G. Recommendation to adopt a Resolution of the Board of County
Commissioners to support additional funding for Florida Forever and the
creation of a successor program. (Commissioner Coletta)
Resolution 2007-87 Adopted - 4/0 with a letter to be sent with the
recommendation that State government reduces their spending on
non-essential programs (Commissioner Fiala absent)
H. This item to be heard at 6:00 p.m. Telephone conference with Collier
County's Legislative Delegation in Tallahassee to discuss on-going
legislative proposals for Property Tax Reform. (Commissioner Coletta)
Discussed
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners of Collier
County, Florida, adopt a Resolution approving an application for a
Charitable Organization Impact Fee Waiver, in accordance with Section 74-
203(i) of the Collier County Code of Laws and Ordinances (The Collier
County Consolidated Impact Fee Ordinance), in the amount of$lOO,OOO, for
Collier Health Services, Incorporated and approve a reimbursement of
impact fees, in the amount of $100,000 paid on Building Permit No.
2006091 892.(Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
Resolution 2007-88 w/clarification of impact fee deferrals due to
changes of ownership of said property - Adopted w/ changes 4/0
(Commissioner Fiala absent);
Motion to bring forth an amendment to the Consolidated Impact Fee
Ordinance in regards to businesses - Approved 4/0 (Commissioner
Fiala absent)
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April 1 0, 2007
B. To receive Board approval to enter into two agreements with the South
Florida Water Management District, Agreement No. 4600000625 and
Agreement No. 4600000627, providing funding assistance for construction
of Phase lA of the Lely Area Stormwater Improvement Project in the
amount of$1,190,000 and $800,000 of funding assistance for construction
of the Gateway Triangle Stormwater Improvement Project. (Norman Feder,
Administrator, Transportation Services)
Approved - 4/0 (Commissioner Fiala absent)
C. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple, Temporary Construction Easements and
Perpetual, Non-Exclusive Access, Drainage and Maintenance Easement
interests necessary for the construction of Phase 1 B South of the Lely Area
Stormwater Improvement Project (LASIP). (Capital Improvement Element
No. 291, Project No. 511012). Estimated fiscal impact: $960,000.00.
(Norman Feder, Administrator, Transportation Services)
Resolution 2007-89 Adopted - 4/0 (Commissioner Fiala absent)
Moved from Item #16Dl
D. Recommend approval of budget amendment moving $25,000 from Fund 183
reserves to establish funding for a Site Selection Study to identify primary
and alternate locations for a proposed Keewaydin Island Ferry Shuttle and
Park Facility. It is recommended that this contract be performed by Johnson
Engineering for time and material costs not to exceed $25,000
Denied 2/3 (Commissioner Halas, Commissioner Coyle, and
Commissioner Fiala opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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April 10, 2007
A. Summers: Presented the Wildfire Situation Report and updated the
Commissioners on the County's drought conditions.
B. Mudd: Presented Fred Thomas' letter asking the board to cease zoning
code violations regarding zoning until the Immokalee Master Plan and
Overlay Maps are adopted by the Board - to be brought back to a
future meeting for further discussion
C. Mudd: Winchester Head update - to be brought back to a future
meeting for further discussion
D. Weigel: Annual Cinco de Mayo Festival
E. Henning: Consolidation Meeting with the fire districts - discussing the
ALS program countywide
F. Henning: Meeting procedures that were sent by County Attorney;
Motion for staff to draft an amending ordinance regarding county
board meeting procedures
G. Henning: Beach access for Delenor Wiggins Pass/State Park
H. Coyle: Letter from a concerned citizen regarding an on-line company
that checks a person's legal status for employment
I. Halas: Asked Commissioner Coyle for an advance for travel to
Tallahassee with the EDC - Coyle to transfer $1000 from his travel
budget to Halas's travel budget
J. Halas: District 2 Open House will be presented on Collier TV
K. Fiala: District 1 Town Hall Meeting will be on Thursday April 12, 2007
L. Henning: A constituent expressed concern that an employee (County
Manager) was bashing a legislator.
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.
Approved and/or Adopted with changes - 4/0 (With the exception to Item #16F3-
Commissioner Halas opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
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April 1 0, 2007
for the final plat of Cardinal Cove at Fiddlers Creek. The roadway and
drainage improvements will be privately maintained
Resolution 2007-77
2) Recommendation to approve final acceptance of the water and sewer
facilities for Summit Place in Naples, Phase
W /Release of the Utilities Performance Security
3) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Verona walk Townhomes Phase One. The roadway
and drainage improvements will be privately maintained.
Resolution 2007-78
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase lA.
W/Release of the Utilities Performance Security
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Forest Glen, Phase lB.
W!Release ofthe Utilities Performance Security
6) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of "Manchester Square Unit 1"
W /stipulations
7) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Lipari-Ponziane Tract GC-5
Replat.
W /stipulations
8) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions: Kite
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April 1 0, 2007
Kings Lake, LLC and Cricket Lake Apartment, LLC.
Acknowledging compliance and recovery of fines/fees
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
two (2) Adopt-A-Road Program Agreements with four (4) recognition
signs at a total cost of$300.00
Recognizing The Black Bear Road Group and Gabe the Granite
Guy
2) Recommendation to award bid #07-4119 Livingston Road Phase 1,2,
3, and 5 Grounds Maintenance to Commercial Land Maintenance at a
base amount of$359,596.10. (Project # 600714, 620715, and 650414)
Located at Radio Road to Vanderbilt Beach Road and Immokalee
Road to the Collier/Lee County line
3) Recommendation to authorize the Chairman of the Board of County
Commissioners or his designee to execute the attached Shirley Conroy
Rural Area Capital Equipment Support Grant and the applicable
documents, and to accept the grant if awarded.
Resolution 2007-79
4) Recommendation to approve a budget amendment in the amount of
$6,697 from Livingston Road (Radio Road to Pine Ridge Road),
project #600714 to recognize unanticipated revenue for FY 2007.
Funds to replace materials damaged and/or removed during the
construction of the new driveway for the Marquesa Plaza
5) Recommendation that the Board approve a funding change and budget
amendment to move the Goodlette Frank Road Landscape Project
from Gas Tax Fund (313) in the amount of$896,896 that was
approved by the BCC on January 23, 2007 to be funded from the
General Fund (001).
6) Recommendation to endorse a project approach for replacement of
failing stormwater pipes of the Egret and Mockingbird Lake pipe
system in the Pine Ridge Subdivision (Project 510252) including
acceptance of two (2) donated drainage easements and reimbursement
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April 1 0, 2007
to Thomas and Sandra Moran for construction and material cost
associated with one pipe installation estimated to be $52,800.
C. PUBLIC UTILITIES
1) Recommendation to award Work Order BE-FT-3785-07-02 with
Boyle Engineering Corporation, for professional services for the West
Winds Potable Water System Rehabilitation in the amount of
$298,960 - Project Number 710102.
Home to over 700 customers
2) Award Bid #07-4087 to Creel Tractor of Fort Myers for the purchase
of two (2) Skid Steer Loaders in the amount of$73,540.
Used to pick up material collected in large quantities
3) Recommendation to award Work Order # MS-FT-3535-07-01 under
the Annual Contract for Underground Utility Contracting Services #
04-3535 to Mitchell & Stark Construction Co., Inc., in the amount of
$429,900 for the replacement of a Caustic Tank and the addition of a
Bleach Tank at the North County Regional Water Treatment Plant
(NCRWTP), and to authorize a budget amendment in the amount of
$104,895, Project Number 700953.
Used in the odor control process and for corrosion control
D. PUBLIC SERVICES
Moved to Item #10D
1) Recommend approval of budget amendment moving $25,000 from
Fund 183 reserves to establish funding for a Site Selection Study to
identify primary and altemate locations for a proposed Keewaydin
Island Ferry Shuttle and Park Facility. It is recommended that this
contract be performed by Johnson Engineering for time and material
costs not to exceed $25,000
2) Recommendation to approve the grant award from National Fish and
Wildlife Foundation in the amount of $132, 196 for the Collier County
Sea Turtle Disorientation Prevention Plan and proceed with
development of an Inter-local Agreement with the City of Naples and
approve any necessary budget amendments.
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April 1 0, 2007
By replacing current lighting and by planting light screening
vegetation at beach access points
3) Recommendation to approve the Summer Food Service Program
Grant in the Amount of $761 ,000 for FY 2007
Providing free meals to children in qualifying neighborhoods
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of February 21, 2007 through March 9, 2007
2) Recommendation to approve the award of Contract No. 07 - 4103
County Mail Center Operations and Delivery Services to
Mailbarcoding Investments of Southwest Florida, LLC d/b/a
Mailbarcoding Services of SWFL estimated at $81,000 annually.
Used by the county for meter mail and presorted mail products
F. COUNTY MANAGER
1) Recommendation to approve a FY 06 Assistance to Firefighters grant
agreement from the U. S. Department of Homeland Security Office
for Domestic Preparedness for replacement of obsolete old self-
contained breathing apparatus, approve the purchase of airpacks and
related equipment for a total cost of$68,180.66, and approve the
necessary budget amendments.
For the Isles of Capri Fire and Rescue
2) Recommendation to approve a Modification to the Fiscal Year 2007
Emergency Management Preparedness and Assistance Grant
accepting $42,031 and approve a Budget Amendment to recognize
and appropriate the revenue.
3) Recommend approval of a resolution supporting passage of Florida
Senate Joint Resolution 436 to prohibit offshore oil drilling within 250
miles of the Florida coastline.
Resolution 2007-80
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April 10, 2007
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area.
Owned by Jeffery and Darlene Lowe, located at 1701 Bay Street
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Medicare Health Support Open House at North Collier Regional Park,
15000 Livingston Road, on March 30, 2007. $3.00 to be paid from
Commissioner Halas' travel budget.
2) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Mickey Biondo Speaker Series Luncheon at The Club Pelican Bay on
April 20, 2007. $16.00 to be paid from Commissioner Halas' travel
budget.
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Philharmonic 25th Anniversary Gala Dinner at the Ritz
Carlton in Naples, Florida on March 31, 2007. $243.00 to be paid
from Commissioner Halas' travel budget.
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Annual Isles of Capri Picnic on Saturday, March 24, 2007; $15.00 to
be paid from Commissioner Fiala's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the Key
Private Bank Reception featuring Colin Powell on March 23, 2007, at
the Alico Arena; $25.00 to be paid from Commissioner Fiala's travel
budget.
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April 10, 2007
6)
Withdrawn
7)
8)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Marco Island Kiwanis Club Blue Grass Festival on March 24, 2007;
$10.00 to be paid from Commissioner Fiala's travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Edison & Ford Estate "An Incandescent Evening" on April 19,2007;
$5.00 funds to be paid from Commissioners travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Physicians Regional "The Flight to Fashion" Style Show Fundraiser
on March 31,2007 at the MI Marriott Hotel; $35.00 to be paid from
Commissioner Fiala's travel budget.
9)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Marco Island Marriott Rededication event on April 17 , 2007; $40.00
to be paid from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of March
17,2007 through March 23, 2007 and for the submission into the
official records of the board.
2) To obtain board approval for disbursements for the period of March
24, 2007 through March 30, 2007 and for submission into the official
records of the board.
3) Request that the Board of County Commissioners authorize staff to
amend Collier County Ordinance No. 78-56 and Collier County
Ordinance No. 87-16, as amended, to amend the Ordinances definition
of "Alcoholic beverages," and to specify that witness testimony is
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April 1 0, 2007
valid to prove alcoholic beverage violations.
K. COUNTY ATTORNEY
1) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Ali R. Ghahramani MD Investment Limited Partnership,
for Parcels 815 and 915 in the amount of$2l,287.00 in the lawsuit
styled Collier County v. Colonnade on Collier Blvd. LLC, et al., Case
No. 05-109l-CA (South County Regional Water Treatment Well field
Project #70892). (Fiscal Impact: $15,537.00).
A utility easement for a water line located on the east side of 951,
south of Lord's Way
2) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcels 708 and 808 in the lawsuit
styled CC v. Napoli Luxury Condominiums P.O.A., Inc., et al., Case
No. 06-l299-CA(County Barn Road Project No. 60101) Fiscal Impact
$64,465).
3) Recommendation to ratify authorization for the County Attorney to
file a lawsuit, on behalf of the BCC, against the Estate of Omar
Fernandez, deceased, & Patricia Gomez, individually & as Personal
Representative, to recover $7,465 in EMS transport fees.
4) Recommendation to approve the Stipulated Final Judgment for Parcel
840 in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually
and as Successor Trustee, et al., Case No. 03-2373-CA (Golden Gate
Parkway Project No. 60027) (Fiscal Impact $4,330)
5) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Mitchell Fairchild vs. Collier County
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 06-270-CA, for $10,500.
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
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April 1 0, 2007
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. Recommendation to
approve Petition A VESMT -2006-AR-l 0504, Palazzo Village, disclaiming,
renouncing and vacating the Countys and the Publics interest in a portion of
a fifteen foot wide drainage easement recorded in Official Records Book
1498, page 1042 ofthe Public Records of Collier County, Florida, and more
specifically described in Exhibit A.
Resolution 2007-81
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-6921,
Dwight Nadeau Of RWA, INC., representing Habitat for Humanity of
Collier County, Inc., requesting a rezone from Residential Single-Family
District (RSF-4) to Residential Planned Unit Development (RPUD) to be
known as Faith Landing RPUD subject to the approval of an Affordable
Housing Density Bonus Agreement for property located approximately 1/8
mile north of Lake Trafford Road, approximately 1/4 mile south ofWestclox
Street extension, in Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
Ordinance 2007-35
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2006-AR-97 1 6:
3301 Westview Drive LLC and 3375 Westview Drive LLC, represented by
D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A.,
requesting approval of a rezone from the Industrial (1) zoning district to the
Commercial Planned Unit Development (CPUD) zoning district for a project
to be known as Liebig CPUD. The subject property, consisting of 4.3+ acres,
is located on the northeast corner of Airport Road (C.R. 31) and Westview
Drive, in Section 1, Township 50 South, Range 25 East, Collier County
Florida.
Ordinance 2007-36
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April 1 0, 2007
Moved to Item #8C
D. Request to Approve an Amendment to Collier County Ordinance No. 79-8,
as Amended, the Collier County Vessel Control Ordinance; by Amending
Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in
Naples Bay and to Direct Staffto Prepare a Waterway Permit Application
E. Request that the Board of County Commissioners enact the attached
Ordinance, recommended by Sheriff Hunter, to establish policy regarding
physical separation at emergency shelters between potential sex crime
victims and sexual predators and sexual offenders; providing for conflict and
severability, inclusion into the Code of Laws and Ordinances, and the
effective date.
Ordinance 2007-37
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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April 1 0, 2007