Recap 05/08/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
May 8, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice-Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TlON 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."
Page 1
May 8, 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 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) 774-8380; 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 Disc]osure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. April ]0,2007 - BCC/Regular Meeting
Approved as presented - 5/0
C. April II, 2007 - BCC/ Annexation Meeting
Approved as presented - 5/0
D. April 12, 2007 - BCC/District 1 Town Hall Meeting
Approved as presented - 5/0
E. Apri] 16, 2007 - BCC/ Airport Authority Workshop
Approved as presented - 5/0
F. April 16, 2007 - BCC/EDC Workshop
Approved as presented - 5/0
Page 2
May 8, 2007
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation designating the week of May 6 - May 12, 2007 as National
Nurses Week 2007 to encourage all residents of this community to join in
honoring the nurses who care for all of us. To be accepted by the Nursing
Excellence Committee of the Florida Nurses Association, on behalf of all
nurses of Collier County: Ms. Judith Nuland, MSN, RN; Ms. Lynn Peiffer,
ARNP; and Ms. Louise Steward, MSN, RN.
Adopted - 5/0
B. Proclamation designating April 28 - May 6, 2007 as National Safe Kids
Week to support the efforts and activities of Lee County Safe Kids Coalition
to prevent childhood injury. To be accepted by Mr. Mark Tesoro, Lee
County Safe Kids Coalition Coordinator, Injury Protection Program, Lee
County Health Department. (Mr. Tesoro will bring a "life ring" and has
requested that it be signed by the Commissioners to support the State of
Florida's drowning prevention initiatives).
Adopted - 5/0
C. Proclamation designating the month of May, 2007 as Supervised Visitation
Awareness Month to promote community involvement, to raise awareness,
and educate parents and caregivers to assist adult and child victims of
domestic violence and to address the need for safe visitation and exchange.
To be accepted by Ms. Gail Tunnock, Child Protection Team of Collier
County and Marcy Krumbine, Director, Collier County Housing and Human
Services.
Adopted - 5/0
D. Proclamation designating May 14-18,2007 as National Bike to Work Week
and the entire month of May, 2007 as National Bike Month to honor
bicyclists and to encourage every citizen of Collier County to ride a bike to
school, work, or shopping, and join fellow residents in sharing this healthy
and pollution-free form of transportation. To be accepted by representatives
from the Naples Pathways Coalition, Inc. and Collier County Department of
Transportation.
Adopted - 5/0
Page 3
May 8, 2007
E. Proclamation proclaiming May 13-19,2007, as National Transportation
Week. To be accepted by: Norman Feder, Jay Ahmad, Bob Tipton, Gene
Calvert, Nick Casalanguida, Diane Flagg and John Vliet.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation by Tammie Nemecek, Economic Development Council,
regarding the Collier County Housing Stimulus Program.
Motion for staff to review program and work with the EDC -
Approved 5/0
B. Presentation by Better Roads, Inc. on 6-1aning of Collier Boulevard from
Immokalee Road to Golden Gate Boulevard and the 4-laning of Tree Farm
Road east of Collier Boulevard (Project No. 65061).
Presented
6. PUBLIC PETITIONS
A. Public petition request by Ann B. Hall to discuss legalization of golf carts as
an alternative mode of transportation for the Isles of Capri Community.
Motion to bring back and place on the June 12, 2007 BCC Agenda-
Approved 4/1 (Commissioner Halas opposed)
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 consolidating Ordinance No. 2005-55 (Collier County Code
Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance
No. 1997-35 (Collier County Code Enforcement Citation Ordinance), and
Ordinance 2004-46 (Collier County Code Enforcement Special Master
Ordinance), in order to simplify the Code Enforcement process, and
establish affirmative defenses to certain alleged code violations.
Ordinance 2007-44 Adopted - 5/0
Page 4
May 8, 2007
B. This Item to be heard at 1 :00 p.m. Board Consideration of Adoption of a
Proposed Ordinance Prohibiting Certain Sexual Offenders and Sexual
Predators from Establishing Temporary or Permanent Residences within
2,500 feet of Specified Locations such as Parks, Schools and Daycare
Centers within the County and Prohibiting Property Owners from Renting
and/or Leasing All or Portions of Real Property to them within the
Proscribed Limits.
Denied _ 2/3 (Commissioner Coletta, Commissioner Henning, and
Commissioner Halas opposed)
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition PUDEX-2006-
AR-9124: IMCollier Joint Venture, represented by Richard Yovanovich of
Goodlette, Coleman and Johnson, P.A., is requesting two 2-year extensions
of the Mirasol Planned Unit Development (PUD) from April 24, 2006 to
April 24, 2010. The subject PUD property, consisting of 1558 acres, is
located on the north side of Immokalee Road immediately west of Collier
Boulevard in Sections 10, 15, and 22, Township 48 South, and Range 26
East, in Collier County, Florida. (This item is a companion to item 10F)
Petitioner requests to withdraw - Approved 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway & Drainage
Advisory Committee.
Resolution 2007-118: Appointing Harold Bergdoll and Re-appointing
William L. Seabury (w/waiver of term provisions) - Adopted 5/0
B. Appointment of members to the Animal Services Advisory Board.
Resolution 2007-119: Re-appointing Sergeant David Estes (Law
Enforcement Group) and Michele Antonia (Animal Activist Group)-
Adopted 5/0
C. Appointment of members to the Collier County Coastal Advisory
Committee.
Resolution 2007-120: Re-appointing Heidemarie Kulpa (representing
Collier County) and E. Glenn Tucker (representing Marco Island) -
Adopted 5/0
D. Appointment of members to the Collier County Utility Authority.
Page 5
May 8,2007
Resolution 2007-121: Re-appointing W.J. "Jack" Markel (technical
field) and Fay R. Biles (lay member) (w/waiver of term provisions)
- Adopted 5/0
E. Appointment of members to the Habitat Conservation Plan Ad Hoc
Committee.
Resolution 2007-122: Appointing Kevin M. McGowan (H.R.
Admininstration & Law Enforcement) and Bonnie Michaels (Natural
Resources) - Adopted 5/0
F. BCC Chairman potential mediation discussions with Mayor Bill Barnett
regarding Naples Bay Boat Speed Zones. (Commissioner Coletta)
No action needed per Chairman Coletta (based on phone call with
Mayor Bill Barnett)
10. COUNTY MANAGER'S REPORT
A. Recommendation to accept a report on the Road Maintenance Limerock
Road Conversion project in Collier County. (Norman Feder, Administrator,
Transportation Services)
Motion to accept report - Approved 5/0
B. Discussion with the Board of County Commissioners regarding the
Transportation Production Readiness (Discussion purposes Only) 5 Year
Capital Work Program and the funding scenarios for the potential $182
Million Shortfall over 5 years. (Norman Feder, Administrator,
Transportation Services)
Motion for staff to bring back recommendations to a future BCC
Meeting - Approved 5/0
Motion to move forward with Transportations recommendations -
Approved 5/0
C. Recommendation to adopt a Resolution authorizing the condemnation 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 four-lane and six-lane expansion of Oil Well
Road from Immokalee Road to Camp Keais Road. (Project No. 60044).
Estimated fiscal impact: $12,780,000.00 (Norman Feder, Administrator,
Transportation Services)
Resolution 2007-123 Adopted 5/0 (Part of Ava Maria Contribution
Page 6
May 8, 2007
Agreement)
D. Recommendation to award Bid #07-4122 to Vanderbilt Bay Construction,
Inc. for the Naples Jail Improvement Project in the amount of
$8,598,238.00. (Len Price, Administrator, Administrative Services)
Approved - 5/0
E. Recommendation to approve an Agreement between the State of Florida,
Division of Emergency Management and Collier County accepting
$1,510,094 towards the construction of a new County Emergency
Operations Center (EO C) within the Emergency Services Center (ESe) and
approve the Budget Amendment necessary to recognize and appropriate
$1,510,094 as revenue.
Approved - 5/0
F. Recommendation to approve a Developers Contribution Agreement with 1M
Collier Joint Venture (Developer) and Collier County (County) to design,
permit and construct roadway and intersection improvements at the
intersection of Collier Blvd. and Immokalee Road. (Project) (Norman Feder,
Administrator, Transportation Services) (This item is a companion to item
8C)
Approved - 5/0
Moved from Item #16B3
G. Recommendation to approve an Easement Agreement for the purchase of a
Drainage, Utility and Pathway Easement, as well as the donation of a
Temporary Construction Easement, required for the six-laning of Collier
Boulevard from US-41 to the Davis Boulevard (Capital Improvement
Element No. 33, Project No. 60001). Estimated fiscal impact: $969,754.
Approved - 5/0
Moved from Item #16B4
H. Recommendation to approve the purchase of improved property (Parcel Nos.
134 and 135) which is required for the construction of the Vanderbilt Beach
Road Extension project. Project No. 60168 (Fiscal Impact: $870,500)
Approved - 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
Page 7
May 8, 2007
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 Manager - Trying to schedule meeting with local legislators at
the next BCC meeting on May 22 @ 10 am w/BCC meeting start time at
8am; Motion to setup as a workshop - Approved 5/0
B. County Attorney - Goodland property owner survey update will be
presented at next meeting; Ordinance amending meeting procedures;
political sign ordinance to be brought for review
C. Commissioner Henning - Charter government workshop; Fire plan
Review; Proposed alternate for Productivity Committee member
Georgia Hiller due to death of family member; Productivity Committee
request/suggestions to put freeze on new hiring and reduce contract
costs, etc.
D. Commissioner Coletta - Letter to Walmart thanking them for the use of
there property in the event of an emergency; RPC: FPL plant in Glades
County; and the effect of fertilization used in urban areas
E. Commissioner Halas - renewal of County Attorney's contract up for
Review
------------------------------------------------------------------------------------------------------------
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 - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for The School District Administrative Center.
W /Release of the Utilities Performance Security
Page 8
May 8, 2007
2) This item re uires that ex arte disclosure be rovided b
Commission Members. Should a hearing 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 Quail West Phase III, Unit Four, the roadway and
drainage improvements will be privately maintained.
Resolution 2007-106
3) This item re uires that ex arte disclosure be rovided b
Commission Members. Should a hearing 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 Quail West Phase III, Unit Six. The roadway and
drainage improvements will be privately maintained.
Resolution 2007-107
Continued to the May 22, 2007 BCC meeting per Change Sheet:
To remain on the consent with the exception of Reference Item #2003-396
Re: Lorraine Patton which is continued until the May 22, 2007 BCC Meeting
4) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payment received.
As detailed in the Executive Summary
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk Town Homes, Phase One.
W /Release of the Utilities Performance Security
6) Recommendation to approve final acceptance of the water facility for
North Collier Hospital Parking Garage.
W /Release of the Utilities Performance Security
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Castlewood at Imperial.
W /Release of the Utilities Performance Security
8) Recommendation to approve final acceptance of the water utility
facility for Naples Walk, Phase 3.
W/Release of the Utilities Performance Security
Page 9
May 8, 2007
9) Recommendation to approve an impact fee reimbursement for
Redlands Christian Migrant Association Immokalee Community
Charter School, totaling $40,187.76, for Building Permit Number
2005-123589 in accordance with Section 1002.33(18) (d), Florida
Statutes, which provides an exemption from the assessment of impact
fees for charter school facilities.
Florida Statutes provide for the exemption of impact fees for
Charter School Facilities, therefore these fees should not have
been assessed
10) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to grant
final approval ofthe roadway (private) and drainage improvements
for the final plat of Independence Phase One. The roadway and
drainage improvements will be privately maintained.
Resolution 2007-108 (Corrected Executive Summary: roads are
platted as public)
B. TRANSPORTATION SERVICES
1) Recommendation to approve the budget amendment for the transfer of
funds to Project 66066. The funds are for the evaluation of the
existing conditions of five bridges in Collier County classified by the
Florida Department of Transportation (FDOT) Bridge Inspection
Program as structurally deficient and to make recommendations for
immediate action such as repair/rehabilitation, or replacement. Fiscal
Impact ($250,000.00)
To evaluate five (5) existing bridges that have been classified
structurally deficient by the FDOT bridge inspection program
2) Recommendation to approve DCA between Calusa Pines and Collier
County for ROWand corner of Tree Farm Road and Woodcrest Road.
As detailed in the Executive Summary
Moved to Item #10G
3) Recommendation to approve an Easement Agreement for the purchase
of a Drainage, Utility and Pathway Easement, as well as the donation
of a Temporary Construction Easement, required for the six-laning of
Collier Boulevard from US-41 to the Davis Boulevard (Capital
Page 10
May 8, 2007
Improvement Element No. 33, Project No. 60001). Estimated fiscal
impact: $969,754.
Moved to Item #10H
4) Recommendation to approve the purchase of improved property
(Parcel Nos. 134 and 135) which is required for the construction of
the Vanderbilt Beach Road Extension project. Project No. 60168
(Fiscal Impact: $870,500)
C. PUBLIC UTILITIES
1) Recommendation to approve an agreement with Florida International
University (FlU) to assess the quality of sediments in Collier County
in the amount of$95,453.60.
To determine the impact of land use on the watersheds; targeting
the confluence of the Gordon River and North Naples Bay
2) Recommendation to request funding for six South Florida Water
Management District Alternative Water Supply Grants in the total
amount of $5,903,296 for the partial funding for the construction of
improvements to the County's public water supply system.
For Projects #70892, #70899, #70908, #74076, #709001 and #74311
D. PUBLIC SERVICES
1) Recommendation to approve and adopt the name "Big Corkscrew
Island Regional Park" for the planned regional park at Northeast
Utility Facility a.k.a. Orangetree Park.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Enrique and Fausta Antunez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 195 Trail Ridge.
Located in the Habitat for Humanity Trail Ridge Subdivision in
Naples
3) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Roger Gutierrez and Sara Llorca (Owners) for deferral of 100% of
Page 11
May 8, 2007
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 91 Trail Ridge.
Located in the Habitat for Humanity Trail Ridge Subdivision in
Naples
4) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Colbert Nicolas (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 152 Trail Ridge in Naples.
Located in the Habitat for Humanity Trail Ridge Subdivision in
Naples
5) The Board of County Commissioners review and accept the corrective
action plan provided by the staff of the Housing and Human Services
Department, following the 2006 audit performed by KPMG.
As detailed in the Executive Summary
6) Recommendation to approve U. S. Department of Housing and Urban
Development (HUD) requested changes to the existing Collier County
and the City of Marco Island Urban County Cooperation Agreement
for the administration of the Community Development Block Grant
(CDBG) program and submit the revised agreement to HUD.
Resolution 2007-109
7) Recommendation to approve U. S. Department of Housing and Urban
Development (HUD) requested changes to the existing Collier County
and the City of Naples Urban County Cooperation Agreement for the
administration of the Community Development Block Grant (CDBG)
program and submit the revised agreement to HUD.
Resolution 2007-110
E. ADMINISTRATIVE SERVICES
1) 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
FY 07.
Page 12
May 8, 2007
2) That the Board of County Commissioners approve a budget
amendment to increase the FY07 Fleet Management Fund (521)
operating budget expenditures and associated revenues by $530,000.
To cover the costs of repair parts and service requirements for the
remaining fiscal year
3) Recommendation to approve Change #12 to Contract # 00-3173,
Design of the Courthouse Annex with Spillis Candela DMJM, to re-
configure the design of the second and third floors of the new
Courthouse Annex (Project No. 52533) to accommodate the current,
planned occupancy.
As detailed in the Executive Summary
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of March 21, 2007 through April 17, 2007
5) Recommendation to approve conveyance of Easements to Florida
Power & Light Company, Comcast and Embarq for providing utility
services to the expansion ofthe Golden Gate Library at 2432 Lucerne
Road, at a cost not to exceed $55.50, Project 54261-1.
To the immediate Northwest of the Golden Gate Library
6) Recommendation to adopt a Resolution supporting H.R. 1023 and S.
777 repealing the imposition of withholding on certain payments
made to vendors by government entities imposed by Section 511 of
the Federal Tax Increase Prevention and Reconciliation Act of 2005.
Resolution 2007-111
F. COUNTY MANAGER
1) Recommendation to approve and execute four License Agreements
for use ofWal-Marts parking lots to be used for disaster relief
supplies to the public.
To provide points of distribution of relief supplies to the public in
the aftermath of a major disaster
2) Approve a Budget Amendment to increase funds to the Medical
Examiners Office in support of increased power demand for
Page 13
May 8, 2007
renovations to odor control and air handling systems in the
examination suites. ($42,000)
Due to an FPL rate increase and an increase in kilowatt-hours
used
3) Recommendation to approve Memorandum of Understanding for
County emergencies between Collier County and Catholic Charities of
Collier County.
To coordinate relief efforts at the time of a disaster
4) Recommendation to approve the renewal of a two-year contract with
HealthStream, Inc. to provide Distance Learning Software for Collier
County Emergency Medical Services at a cost of $36,400 per year for
a total of $72,800.
For the development of customized online educational software
for EMS which allows staff to train during normal work hours
5) Recommendation to amend the Collier County Government Debt
Management Policy.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Cleveland Club "Spring Break" dinner on March 25,2007 at the
Cypress Woods Golf & Country Club; $25.00 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Fifth Annual Tourism Week Awards Celebration on Wednesday, May
16,2007; $30.00 funds to be paid from Commissioner Fiala's travel
budget.
Located at the Ritz-Carlton Golf Resort at 11 :00 a.m.
Page 14
May 8, 2007
3) Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
2007 Paradise Coast Tourism Star Awards and 5th Annual Collier
County Tourism Week Celebration on May 16,2007 at The Ritz-
Carlton Golf Resort, Naples, Florida. $30.00 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 East
Naples Civic Association Monthly Meeting/Luncheon at Carrabba's
Restaurant on April 19, 2007; $21.00 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
Marco Island Kiwanis Annual Crab Claw Dinner on Tuesday, April
17, 2007 at the Isles of Capri Community Center; $20.00 to be paid
from Commissioner Fiala's travel budget.
6) Proclamation to designate May 10, 2007 as World Lupus Day to
increase awareness in communities worldwide ofthe debilitating
impact oflupus. Proclamation will be mailed to Mr. Joshua M. Estrin,
Executive Director ofthe Lupus Foundation of America. He will not
be present to accept.
Adopted
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 April 14,
2007 through April 20, 2007 and for submission into the official
records of the board.
2) To obtain board approval for disbursements for the period of April 21 ,
2007 through April 27, 2007 and for submission into the official
records of the board.
Page 15
May 8, 2007
K. COUNTY ATTORNEY
1) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Rose Somogi, for Parcels 123 and 823 in the Amount of
$39,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et
aI., Case No. 03-2259-CA, Golden Gate Parkway Project #60027
(Fiscal Impact: $34,101.00 if offer is accepted).
2) Recommendation to approve an Offer of Judgment in the amount of
$36,250.00 as to Parcels 806 & 706 in the lawsuit styled Collier
County v. James M. Brown, et aI., Case No. 06-0525-CA (Santa
Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted:
$11,617.55)
3) Recommendation to Approve a Stipulated Final Judgment in the
Amount of $300,000.00 for the Acquisition of Parcel 181 in the
Lawsuit Styled Collier County v. Mary Lou Adsit, et aI., Case No. 04-
0506-CA (Vanderbilt Beach Road Project No. 63051). Fiscal Impact:
$150,550)
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. Request that the Board of County Commissioners adopt the attached
Ordinance, recommended by Sheriff Hunter, to amend Collier County
Ordinance No. 78-56 and Collier County Ordinance No. 87-16, as amended,
as codified in Chapter Six ofthe Collier County Code of Laws and
Ordinances, by amending the current definitions of "alcoholic beverages"
and to specify that opinion testimony is valid and sufficient to prove
Page 16
May 8, 2007
violations; provide for conflict and severability, inclusion into the Code of
Laws and Ordinances, and effective date.
Ordinance 2007-43
B. This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. Petition: SE-2006-AR-
9017, a Scriveners error to correct Resolution Number 2005-353 for V A-
2005-AR-7444, Terry and Charlotte Rhodes, to include the Section number
in the legal description. The subject property is located in Section 20,
Township 48 South, Range 27 East, Collier County, Florida.
Resolution 2007-112
C. This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. Petition: SE-2006-AR-
9016, a Scriveners error to correct approved Resolution Number 2005-401
for CU-2003-AR-3573, Independent Haitian Church of God, to correct the
Section, Township and Range numbers in the title ofthe Resolution. The
subject property is located in Section 13, Township 50 South, Range 25
East, Collier County, Florida.
Resolution 2007-113
D. This item re uires that all artici ants be sworn in and ex arte
disclosure be Drovided bv Commission members. Recommendation to
approve Petition A VPLA T-2006-AR-11255, Lot 39, Aviano at Naples, to
disclaim, renounce and vacate the County's and the Publics interest in a
portion ofa Lake Maintenance Easement in the rear of Lot 39, Aviano at
Naples, a subdivision as recorded in Plat Book 43, Pages 67 through 71 of
the Public Records of Collier County, Florida, situated in Section 18,
Township 49 South, Range 25 East, Collier County, Florida, and being more
particularly described in Exhibit A.
Resolution 2007-114
E. This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. SV-2006-AR-I0351
Unity of Naples Church, represented by Debra Williams, Sr. Minister of
Unity of Naples Church, is requesting a sign variance for Code Enforcement
violations of an off premise sign that is not located on the property. The
subject property is located at 7100 Davis Boulevard, in Section 8, Township
50S, Range 26E, Collier County, Florida.
Page 17
May 8, 2007
Resolution 2007-115
F. Adopt a Resolution amending the Water Restriction Surcharge, Schedule
One of Appendix A of the Collier County Ordinance No. 2006-27, titled
Collier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance.
Resolution 2007-116
G. This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. SE_2007-AR-l1230
(WB), A Resolution ofthe Board of Zoning Appeals of Collier County,
Florida, amending Resolution No. 2000-189 to correct a scrivener's error in
Exhibit B, the legal description for a project known as the Golf Club of the
Everglades.
Resolution 2007-117
18. ADJOURN
INuUlRlES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 18
May 8, 2007