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Recap 03/11/2008 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 11, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-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 TION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 March 11,2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING 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. Pastor J.R. Pagan, International Worship Center 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 with changes - 5/0 B. February 5, 2008 - BCC/LDC Meeting Approved as Presented - 5/0 C. February 12,2008 - BCC/Regular Meeting Approved as Presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS Page 2 March 11, 2008 A. Proclamation designating Thursday, March 13,2008 as Adria D. Starkey Day, to be accepted by Dr. Jeff Allbritten, President, Collier Campus Edison College. Adopted - 5/0 B. Proclamation recognizing the Collier County Government Facilities Management Department for their efforts and innovative techniques to becoming "green". To be accepted by Ann Simpson and Damon Gonzales of Facilities Management. Adopted - 5/0 C. Proclamation designating March 12,2008 as Platinum Well Workplace Award Day. To be accepted by Marilyn Hamachek, Collier County Wellness Nurse. Adopted - 5/0 D. Proclamation designating the week of March 16-22, 2008 as Florida Surveyors Week. To be accepted by Marcus Berman and David Hyatt. Adopted - 5/0 E. Proclamation designating March 8, 2008 through March 15,2008 as Panther Awareness Week. To be accepted by Lisa Ostberg from the Friends of the Florida Panther Refuge. Adopted - 5/0 F. Proclamation recognizing the partnership between CHS-FSU and the Isabel Collier Read Medical Campus for their contributions to the health care needs of rural, elderly and other under served populations. To be accepted by Steve Weinman, Executive Vice President/COO ofCHS Healthcare. Adopted - 5/0 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member Award for February 2008 to Willis P. Kriz of the Conservation Collier Land Acquisition Advisory Committee. Presented B. Recommendation to recognize Jack Najjar, Emergency Medical Technician, Bureau of Emergency Services, as Employee of the Month for Feb., 2008. Page 3 March 11, 2008 Presented C. The American Heart Association would like to honor citizens who, throughout the year, have made a significant difference in the outcome for victims of sudden cardiac arrest. Presented D. Presentation by Paul Mattausch, Director, Water Department for the results of the Naples Women's Club Water Days Experiment to be followed by Commissioner Coyle reading the names of the students who are winners in the 5th grade elementary school competition random drawing. Presented 6. PUBLIC PETITIONS A. Public petition request by Richard L. Heers, I-HOPE, Inc., to discuss refund of permitting/licensing costs. To be brought back and placed on a future BCC Agenda - Consensus B. Public petition request by William Klohn to discuss adoption of a "Project Specific" Impact Fee Deferral Program for Fountain Lakes Residential Cooperative. (Companion Item to 10D) Discussed C. Public Petition request by Mr. Kris Dane to discuss road impact fees for Calusa Island Marina. Motion to approve w/stipulations that will be outlined on the March 25, 2008 BCC Consent Agenda - Approved 5/0 Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item has been continued to the April 22, 2008 BCC Meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, represented by Matthew Vasilevski of Wedding, Stephenson, and Ibarguen, Architects, Inc. proposing a Conditional Use allowed per LDC Section 2.04.03 of the Commercial Professional and General Office Zoning District Page 4 March 11, 2008 with a SR29 Commercial Subdistrict Overlay (C-I-SR29-COSD) for Church/Place of Worship. The 16.747 acres Commercial Professional and General Office Zoning District with a SR29 Commercial Subdistrict Overlay (C-I-SR29-COSD) zoned site permits religious facilities as a conditional use. The subject property is located at 635 State Road 29, in Section 32, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. Motion to remand this item back to the CCPC for additional review - Approved 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the Februarv 26, 2008 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2006- AR-l 0 171 Eastbourne Bonita, LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc., and Patrick G. White, Atty. of Porter, Wright, Morris & Arthur, LLP., requesting a rezone from the Agricultural (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for project known as Brandon RPUD, for the development of204 single-family and multi-family residential units. The subject property, consisting of 51.1 acres, is located on the southeast corner of the intersection of Livingston Road and Veterans Memorial Boulevard, Section 13, Township 48 South, Range 25 East, Collier County, Florida. Ordinance 2008-13 Adopted w/CCPC stipulations - 4/1 (Commissioner Coyle opposed) B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2007-AR-12248 Sabal Palm Development, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc. and Richard D. Y ovanovich of Goodlette, Coleman, and Johnson, requesting a rezone from the Agricultural (A) to the Commercial Planned Unit Development (CPUD) Zoning District for project to be known as Napoli Village. The +/-8.97- acre site is proposed to permit an adult congregate living facility, comprising two four-story buildings. The subject site is located east of Tamiami Trail North (US 41), west of Sterling Oaks PUD, and north of the Community Congregational Church, at 15450 Tamiami Trail North, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. Ordinance 2008-14 Adopted w/stipulations - 4/1 (Commissioner Coyle Page 5 March 11, 2008 opposed) 9. BOARD OF COUNTY COMMISSIONERS A. B. C. D. Added F. Appointment of member to the Contractors Licensing Board. Resolution 2008-61: Appointing Thomas Lykos - Adopted 5/0 Appointment of member to the Emergency Medical Services Advisory Council. Resolution 2008-62: Appointing Terry Charles Heath - Adopted 5/0 Request for reconsideration for MPP Shoreline Calculations, Item #2B was heard at the February 19,2008 LDC Amendment Meeting. (Commissioner Coyle) Reconsider the MPP Shoreline Calculations - Approved 3/2 and to be brought back to the April 8th BCC Meeting (Commissioner Henning and Commissioner Coletta opposed) Appointment of member to the Habitat Conservation Plan Ad Hoc Committee. Resolution 2008-63: Appointing Antonios H. Kokkinos - Adopted 5/0 E. Discussion regarding County Attorney interview process. Develop a process for the interviews and applicants should be scheduled from 8AM to 5:30PM - Discussed Board discussion regarding the potential re-vote ofthe Presidential primary and the costs associated to the Collier County Budget (Commissioner Henning) Chairman to send a letter from, the Board to the House Speaker and Governor regarding the Boards dissatisfaction of unfunded mandates 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2008 in accordance with Ordinance No. 2001-55. Advisory Boards: Animal Services Advisorv Board. Collier County Code Enforcement Board. Contractors Licensing Board. and Golden Gate Beautification Advisorv Committee. Page 6 March 11, 2008 (Mike Sheffield, Assistant to the County Manager) Motion to approve as the Boards serve a valid service to the public and to accept the reports - Approved 5/0 B. Recommendation to approve the Southwest Florida Consortium 2008 State Legislative Priorities which will be presented by participating County Commissioners in the Consortium to their respective Legislative Delegation members in meetings, April 2, 2008 in Tallahassee. (Debbie Wight, Assistant to the County Manager) Priorities need clarifications from staff and to continue to refine list of priorities - Approved 4/1 (Commissioner Henning opposed) C. Recommendation to approve Work Order #SCD-FT-3850-08-03, Courthouse 5th and 6th floor redesign, retroactive to the Notice to Proceed date of January 18,2008, to Spillis Candela DMJM to provide for architectural design services for the design of the 5th and 6th floors of the Collier County Courthouse located at 3301 Tamiami Trail East in the amount of $715,680. (Damon Gonzales, Facilities Manager) Approved - 5/0 D. Obtain direction from the Board of County Commissioners on waiving the requirements of Ordinance 2007-84 and on authorizing the Chairman to sign, a commitment letter for MDG Capital Corporation (Developer) for deferral of 100% of Collier County impact fees for 147 Community Workforce Housing Innovative Pilot (CWHIP) program, owner-occupied affordable housing units located at The Lords Way, mile east ofthe intersection of Collier Boulevard and the Lords Way, Fountain Lakes Residential Cooperative, Naples. (Frank Ramsey, SHIP Program Coordinator) (Companion to Item #6B) Motion to Deny - Approved 5/0 E. Recommendation to approve a $99,000 budget amendment for Fiscal Year 2008 to make up for a shortfall of funds as a result of the policy decision not to implement a proposed fee collection structure for the Emergency Management Department. (Dan Summers, Director, Emergency Management) Approved - 4/1 (Commissioner Coyle opposed) F. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of the fee simple interests necessary for the construction of Page 7 March 11,2008 stormwater retention and treatment ponds required for the expansion of Randall Boulevard from Immokalee Road to DeSoto Boulevard. (Project No. 60065.) Estimated fiscal impact: $2,400,000.00. (Norman Feder, Transportation Services Administrator) Resolution 2008-64 Adopted - 5/0 G. Recommendation that the Board of County Commissioners (BCC) consider input provided by the Code Enforcement Board during their February 12, 2008 meeting, in response to the BCC's request for guidance concerning a fair settlement amount relating to the release of the code enforcement lien imposed against Robert Lockhart, in Case No. 2004-26, relating to property located 1361 Lake Shore Drive in Collier County, Florida. (Michelle Arnold, Director, Code Enforcement, CDES) Motion to accept 50% of reduction of fines and payment of outstanding impact fees - Approved 4/1 (Commissioner Halas opposed) H. Recommendation to approve Contract #08-5011 to D.N. Higgins, Incorporated; Kyle Construction Corporation; Quality Enterprises, Incorporated; Mitchell and Stark Corporation; and Haskins, Incorporated, in the estimated amount of $2,000,000 for underground contractor services. (Pam Libby, Operations Manager) Approved - 5/0 1. Recommendation to award Annual Contract #08-5020 to Southwest Florida Mitigation LLC, Little Pine Island Mitigation Bank and Southwest Florida Wetlands Joint Venture for Wetland Mitigation Credits and Southwest Florida Wetlands Joint Venture for Panther Habitat Units. Bid No. 08-5020. Projected Annual Expenditures: $1.5 Million. (Kevin Dugan, Project Manager) Approved - 5/0 J. This item continued from the Februarv 26, 2008 BCC meetinl!: and is further continued to the March 25, 2008 BCC meetinl!:. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat ofOlde Cypress Unit One (Olde Cypress PUD). The roadway and drainage improvements will be privately maintained. (Stan Chrzanowski, Sr. Engineer, Engineering & Environmental Services Department, CDES) Page 8 March 11, 2008 Moved from Item #1611 K. MISCELLANEOUS CORRESPONDENCE (Miscellaneous items to file for record with action as directed) Motion to approve item except for Section #IB3 - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. 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. ($40 million) (Don Pickworth) Resolution 2008-65 Adopted - 5/0 Moved from Item #16K2 B. A recommendation that the Board of County Commissioners adopt a Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require Type B landscape buffering for any accessory structure under active construction as of February 26, 2008. Motion to make Amendment to LDC - Approved 3/2 (Commissioner Halas and Commissioner Henning opposed) Resolution 2008-66 Adopted 4/1 (Commissioner Henning opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 10:30 a.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Resolution accepting the Cultural Needs Assessment Report and recommending the BCC create by ordinance a Cultural District Boundary within the Bayshore section of the CRA; authorize the CRA staff to continue to develop an implementation package for the District; and return with recommendations for approval. (David Jackson, Bayshore Gateway Triangle CRA) CRA Resolution 2008-60 Adopted - 5/0 Page 9 March 11,2008 B. This item to be heard immediatelv followinl!: Item #14A. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the creation and funding of a Full Time Employee (FTE) position (Operations Coordinator) for the Bayshore/Gateway Triangle area in FY08; recommend that the BCC approve a Fund 187 FY08 Budget Amendment for the position; and authorize the Executive Director to advertise the position as an internal transfer for applicants from the County Manager agency and hire a qualified applicant. (Fiscal Impact: $31,020 FY08) (David Jackson, Bayshore Gateway Triangle CRA) Approved - 5/0 C. This item to be heard immediatelv followinl!: Item #14B. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the creation and funding of a Full Time Employee (FTE) position (Project Manager) for the Immokalee area in FY08; recommend that the BCC approve an Immokalee Fund (186) FY08 Budget Amendment for the position; and authorize the Executive Director to advertise the position as an internal transfer for applicants from the County Manager agency and hire a qualified applicant (Fiscal Impact: $35,181 FY08). (Penny Phillippi, Immokalee CRA) Approved - 5/0 This Item to be immediately following Item #14C (Jim Mudd's recommendation) D. Collier County Community Redevelopment Agency (CRA) selection of Chairman and Vice Chairman for calendar year 2008. Motion to keep Donna Fiala as Chairman - Approved 5/0 Motion to elect Jim Coletta as Vice-Chairman - Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager - Letter to Florida Housing Finance Commission and have chairman sign letter - consensus B. County Manager - Having one meeting in November (18th) and two meetings in December (2nd & 16th) because of holidays - consensus C. County Attorney - Bayshore Beautification Committee would like to go from 5 members to 7 members D. Commissioner Coyle - Problem with boxcar location at Holocaust Museum and motion made to donate flatbed trailer to the Southwest Florida Holocaust Museum - Approved 5/0 Page 10 March 11, 2008 E. Commissioner Coletta - Letter from Senator Nelson regarding Townhall Meeting on the 3/26/08 to address the County's most pressing issues - include illegal immigration F. Commissioner Henning - David Weigel would continue to work during the interim period with the condition that he will continue to work for the County as an Assistant County Attorney - Commission to wait until Attorney is hired before offering/making this decision and let David Weigel know they need to speak with new county attorney before making that decision. To discuss at workshop on March 18th. G. Commissioner Coletta - regarding memo on dual office holdings on Quasi-Judicial Boards H. Commissioner Henning - Petitioner putting item on regular agenda and also having it under public petitions 1. Motion to Adjourn - Approved 5/0 ------------------------------------------------------------------------------------------------------------ 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 w/Changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water utility facility for Pebblebrook Commercial, Phase 4. W /release of Utilities Performance Security 2) Recommendation to approve final acceptance of the water and sewer utility facilities for City Gate Commerce Center. W /release of Utilities Performance Security 3) Recommendation to approve final acceptance of the water and sewer utility facilities for The Rookery at Marco Clubhouse. W /release of Utilities Performance Security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bradford Lakes (Cypress Page 11 March 11,2008 Woods PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-55 W /release of Maintenance Security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cotton Green (Marco Shores / Fiddlers Creek PUD), the roadway and drainage improvements will be privately maintained by the Fiddlers Creek Community Development District. Resolution 2008-56 W /release of Maintenance Security 6) Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County vs. Ronald Freeman, CEB Case No. 2005-26. Folio #00153360008 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Eleven, the roadway and drainage improvements will be privately maintained. Resolution 2008-57 W /release of Maintenance Security B. TRANSPORTATION SERVICES 1) Recommendation to approve an Agreement and accept a Drainage Access and Maintenance Easement for the donation of property required for the Bayshore Drive & Thomasson Drive Stormwater Improvement Project. Project #511341. For an agreement with Cirrus Pointe Partners, LLC 2) Recommendation to Award Collier County Bid #08-5042 Diesel Powered Lowboy Tractor to Wallace International Trucks. ($101,997) For repair and maintenance on County roadways and right-of- ways within the Road Maintenance Department 3) Recommendation to award Contract(s) #08-5017, Annual Contract for Countywide Exotic Vegetation Removal to the following firms: Resource Restoration, Inc., Environmental Aquatic, Earth Balance and Aquagenix. ($596,000 was spent in FY07) Page 12 March 11, 2008 Used for multiple projects without issuing individual RFP's 4) Recommendation for the Board of County Commissioners to approve a budget amendment to move the remaining balance of $200,000 from the Tropicana Boulevard Bridge Project (#601621) to the Planning Consultant Services Project (#60 I 091) within the Transportation Supported Gas Tax Fund. For consultant services associated with evaluating land and DRI traffic forecasts consistent with the East of 951 Horizon Study 5) Recommendation to approve a change order to Kraft Construction Company, Inc. to move savings in the amount of $590,560.00 as a result of value engineering to allowance line items amending contract #07-4173 Gordon River Water Quality Park (Freedom Park) Project No.51018. For engineering cost savings associated with civil, landscaping, architectural, structural and site development 6) Recommendation to approve a change order in the amount of $31,250.00 to Quality Enterprises USA, Inc. amending the St. Andrews Blvd. Interconnect Stormwater Improvements Project (Project No. 511401) construction contract. For additional unforeseen construction services C. PUBLIC UTILITIES 1) Recommendation to reject the result of Bid No. 08-5044, attained by Professional Service Industries, Inc. to sample, analyze and report data collected for the Golden Gate Groundwater Baseline Monitoring Project. Project will be re-bid to solicit more economical bid responses 2) Recommendation to approve work order #QE-FT-3535-08-03 in the amount of $342,830.00 to Quality Enterprises USA, Inc., for the installation of JWC Fine Screens at South Collier Water Reclamation Facility (SCWRF) under Contract #04-3535, Annual Contract for Underground Utility Contracting Services, Project #73961 and to approve the necessary Budget Amendment, Project #72508. To maintain compliance with Florida DEP permit conditions especially during peak flow conditions; for a budget amendment Page 13 March 11, 2008 in the amount of $109,364 D. PUBLIC SERVICES 1) Recommendation to accept funding from the 4-H Foundation Clubs, Inc. in the amount of$38,000 for the 4-H Outreach Program managed by the Collier County University of Florida/IF AS Extension Department and approve a budget amendment in the amount of $14,000. To help fund a full time 4-H Outreach Coordinator position Withdrawn 2) Recommend Approval of a Coastal Advisory Committee (CAe), Sub Committee to evaluate Wiggins Pass Modeling and make recommendations for consideration by the TDC and BCC. (This committee is to be chaired by Heidi Kulpa from the CAC) At no fiscal impact to the County 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a corrective lien agreement and release of lien with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 130, Trail Ridge, East Naples. Deferring $19,372.46 in impact fees 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Soyla Maria Cruz (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 33, Liberty Landing, Immokalee. Deferring $12,442.46 in impact fees 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Heather Lynn Bugger (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 36, Liberty Landing, Immokalee. Deferring $12,442.46 in impact fees Page 14 March 11, 2008 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Arturo Lara Lara and Beatriz Lara (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 32, Liberty Landing, Immokalee. Deferring $12,442.46 in impact fees 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Doreen Annette Saunier (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 53, Trail Ridge, East Naples. Deferring $19,372.46 in impact fees 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jesus Martinez and Irma Yadira Rodriguez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Liberty Landing, Immokalee. Deferring $12,442.26 in impact fees 9) Recommendation to approve an amended proposal for Disaster Recovery Initiative Supplemental Grant funds to the Florida Department of Community Affairs and to authorize signature authority to the County Manager and designees to submit required reports. Proposed projects include hardening of homes, apartments, homeless shelters, community shelters and for the purchase and installation of generators 10) Recommendation to reject Bid #07-4098 for the Construction of new Soccer Field at East Naples Community Park. Bids are too costly for the project 11) Recommendation to approve a Florida Fish and Wildlife Conservation Commission (FWC) Division of Marine Fisheries Management, Artificial Reef Construction Grant Application in the amount of $60,000. For creating a minimum of three (3) new 320 ton artificial reefs Page 15 March 11, 2008 12) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommendation to authorize the sale of Collier County surplus property on March 29, 2008. For property that is no longer of use to County Departments and to obtain revenue for the County 2) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of January 25, 2008 through February 21, 2008 3) Recommendation to enter into an Agreement with the Sheriffs Office for the use of inmate labor. In an effort to save tax dollars F. COUNTY MANAGER 1) Authorize all necessary budget amendments that memorialize the Board of County Commissioner's decision on February 26,2008 (Agenda Item #lOF) to use General Fund Reserves to offset estimated Emergency Medical Services Fund (490) transport revenue shortfalls for the remainder ofFY08 and for FY09. The estimated FY08 shortfall is $2,237,200; General Fund (001) reserves for unfunded capital requirements will be transferred to Emergency Medical Services Fund (490) for the FY08 shortfall. Turn back of excess fees from the Constitutional Officers from FY07 exceeded budgeted turn back by $7,240,592. These excess fees will be appropriated and $2,538,000 of that appropriation will be transferred to Emergency Medical Services Fund (490) to offset the anticipated FY09 transport fee revenue shortfall. Page 16 March 11,2008 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To have the BCC, acting in the capacity of the CRA, to review and approve the 2007 Annual Report of the CRA required by Florida Statue 163.356(3) (c), by March 31st and to direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filing, as required by the Florida Statutes. As detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for her annual membership to CREW Land & Water Trust serving a valid public purpose; $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. She will be attending the 4th Annual Freedom of the Press Luncheon, Wednesday, March 12,2008 at the Naples Hilton; $30.00 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. The Commissioner attended the Girl Scout Cook-ie-OffFundraiser, Sunday, February 17, 2008 at the Naples Beach Hotel & Golf Club; $10.00 to be paid from Commissioner Fiala's travel budget. Located at 851 Gulf Shore Boulevard North, Naples 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Fiala attended the Friends of Collier Fashion Show, Saturday, February 23,2008 at the Royal Palm Country Club; $55.00 to be paid from Commissioner Fiala's travel budget. Located at 405 Forest Hills Blvd, within the Lely Community Page 17 March 11,2008 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. The Commissioner attended the East Naples Civic Association Luncheon on Thursday, February 21, 200S at Carrabba's; $21.00 to be paid from Commissioner Fiala's travel budget. Located on Tamiami Trail East 6) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. The Commissioner attended the Crystal Lake Resort Luncheon, March 3, 200S; $5 to be paid from Commissioner Coletta's travel budget. Located at 14960 Collier Boulevard 7) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. The Commissioner attended the Hodges University Immokalee Site Open House, on Saturday, March S, 200S; $15.99 to be paid from Commissioner Coletta's travel budget. Located at 1170 Harvest Drive, Immokalee Moved to Item #10K (Commissioner Halas) 1. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Collier County Board of County Commissioners, Naples, Florida, authorize the publishing of one public hearing regarding Sheriff Hunter's recommended Ordinance to establish a policy for the collection of administrative registration fees for the initial registration and re-registration of individuals required by Florida Statute to register with the Sheriff as a career offender, convicted felon, sex offender or sexual predator, and to place this recommended ordinance on the Board's Summary Agenda. As detailed in the Executive Summary 2) To obtain Board approval for disbursements for the period of February 16, 200S to February 22, 200S and for submission into the official records of the Board. Page 18 March 11,2008 3) To obtain Board approval for disbursements for the period of February 23, 200S to February 29, 200S and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to accept an Offer of Judgment in the amount of $16,000 for the taking of Parcel No. 143 in the lawsuit styled Collier County v. Charles R. Wilson, et aI., Case No. 02-5 I 64-CA (Immokalee Road, Project No. 6001S). (Fiscal Impact: $4,521.00) Moved to Item #12B 2) A recommendation that the Board of County Commissioners adopt a Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 200S, as legal nonconforming, and to require Type B landscape buffering for any accessory structure under active construction as of February 26, 200S. 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 bv Commission members. V A-2007-AR-12629, Sara De La Rosa is requesting an after-the-fact Variance of 2.3 feet to permit the encroachment of a single-family dwelling into the required 30-foot front yard setback area of the Residential Single Family (RSF-3) Zoning District. Page 19 March 11, 2008 The 0.36-acre subject property is located at 1201 Camellia Avenue, Lot 24, Block C of the Immokalee Highland Subdivision, in Section 33, Township 46, Range 29, of Collier County, Florida Resolution 2008-58 18. ADJOURN Approved - 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 20 March 11, 2008