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Recap 01/09/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ti"" .~ " --",~~, ',' . \ ~-, "'" c. ,,,...,....,.<< AGENDA January 9, 2007 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 (Newlv appointed BCC Chairman 2007) Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 (N ewlv appointed Vice-Chairman 2007) Fred W. Coyle, 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. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 January 9, 2007 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 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 A. Captain Alejandro Castillo, The Salvation Army 2. AGENDA AND MINUTES A. Approval of today'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. November 28,2006 - BCC Regular Meeting Approved as presented - 5/0 C. December 5,2006 - BCC/PUD IOU Workshop #7 Approved as presented - 5/0 D. December 5, 2006 - BCC/Solid Waste Workshop Approved as presented - 5/0 E. December 12 and December 13,2006 - BCC/Regular Meeting Approved as presented - 5/0 Page 2 January 9, 2007 F. December 14,2006 - BCC/LDC Meeting Approved as presented - 5/0 G. December 15,2006 - Value Adjustment Board Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5- Year Recipients 1) Ms. Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee Absent 2) Mr. Alvin Martin, Vanderbilt Beautification MSTU Advisory Committee Absent 10- Year Recipients 3) Mr. Kent Orner, Ochopee Fire Control District Advisory Committee Absent 4. PROCLAMATIONS A. Proclamation recognizing January 14,2007 through January 20,2007 as Purple Martin Week. To be accepted by Mr. Jerry Glasson, President, Purple Martin Society of Collier County. Adopted - 5/0 B. Proclamation designating January 31, 2007 as Raymond L. Lutgert and Scott F. Lutgert Day. To be accepted by Dr. Jeffrey Allbritten, President, Edison College, Collier Campus. Adopted - 5/0 C. Proclamation designating January 15, 2007 as "See the Dream and Live the Vision Day" to honor Dr. Martin Luther King, Jr. To be accepted by Ms. Page 3 January 9, 2007 Rhonda Cummings and Ms. Dianna Perryman. Adopted - 5/0 D. Proclamation to recognize January 9,2007 as "International Holocaust Remembrance Day". To be accepted by Mr. Murray Hendel. Adopted - 5/0 5. PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN Appointment of Commissioner Coletta as Chairman - Approved 5/0 and Appointment of Commissioner Henning to Vice-Chairman - Approved 5/0 B. Presentation by MCM, Inc. on status of Golden Gate Parkway 6-1aning and Airport Road Overpass. 1-75 interchange expected to open February 2007; Airport Road overpass expected/estimated completion date August 2007 C. Presentation by APAC on status of6-1aning of Immokalee Road from Collier Boulevard to 43rd Street. Estimated earliest date of completion December 2007 6. PUBLIC PETITIONS A. Public Petition request by Lori Young to discuss a new ordinance regarding offender residency boundaries. Motion to have legal department review recommended ordinance and to have item brought back as a regular agenda item on a future meeting date - Approved 5/0 B. Public Petition request by Bobbie Dusek to discuss "Fighting Against Insurance Rates". A motion was made to direct staff to return with information and a contract regarding the hiring of an insurance actuary and attorney after the Special Legislation Session begins (Jan. 16,2007) in Tallahassee; to bring back as an agenda item at a future BCC Meeting - Approved 5/0 Page 4 January 9, 2007 Withdrawn C. Public Petition request by Thomas Selck to discuss drainage, septic location and erosion matters associated with Permit No. 2005080737. D. Public Petition request by Mayor Sammy Hamilton to discuss waiver of EMS fees for the annual Everglades City Seafood Festival. Motion to waive fees - Approved 4/1 (Commissioner Halas opposed) E. Public Petition request by Chuck Mohlke to discuss County Commission District Boundaries. Discussed F. Public Petition request by Connie Stegall-Fullmer to discuss Goodland Zoning Overlay. Motion to bring back to a future BCC Meeting w/stipulations and clarification - Approved 4/1 (Commissioner Halas opposed) G. Public Petition request by John Sullivan to discuss a berm or sound wall adjacent to proposed Northeast Water and Wastewater Treatment Facility. Motion to bring back to a future BCC Meeting for further discussion - Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed) Item 7 and 8 to be heard no sooner than 1 :00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider adopting an Ordinance Amending Collier County Ordinance No. 75-16, as amended, which establishes the time, place and conduct of the meetings of the Board of County Commissioners, to clarify and provide for super-majority voting as permitted by general law, special law, ordinance or resolution, and to consider adopting a resolution to settle certain types ofland use disputes and land use litigation by super- majority vote. Ordinance 2007-02 Adopted - 3/2 (Commissioner Henning and Commissioner Coletta opposed); Resolution 2007-09 Adopted - 3/2 (Commissioner Henning and Commissioner Coletta opposed) Page 5 January 9, 2007 Moved from Item #17B B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. RZ-2006-AR-IOI50 Buckstone Estates, LLC, represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A., request a rezone from the Rural Agricultural (A) zoning district to the Residential Multi-Family-6 zoning district (RMF-6[with a limit of 4 homes/per acre]) for a 4.61 acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately mile west of Collier Boulevard (County Road 951 )in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2007-03 Adopted w/stipulations - 4/1 (Commissioner Coyle opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Division Board. Resolution 2007-10: Appointing Annette M. Alvarez - Adopted 5/0 B. Appointment of members to the Library Advisory Board. Resolution 2007-11: Re-appointing Loretta Murray and appointing Constance L. Bettinger Hennink - Adopted 5/0 C. Appointment of members to the County Government Productivity Committee. Resolution 2007-12: Re-Appointing Lawrence Baytos, John Barlow, Robert Bennett, Sydney Blum (w/waiver of term provisions) and James Van Fleet - Adopted 5/0 D. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. Resolution 2007-13: Appointing Kathleen K. Dammert - Adopted 5/0 E. Appointment of member to the Environmental Advisory Council. Resolution 2007-14: Appointing Roger Jacobson - Adopted 5/0 F. Appointment of member to the Habitat Conservation Plan Ad Hoc Committee. Resolution 2007-15: Appointing Jeffrey Carter - Adopted 5/0 Page 6 January 9, 2007 G. H. I. J. Added K. Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2007-16: Appointing Maria C. Mitchell- Adopted 5/0 Appointment of member to the Contractors' Licensing Board. Resolution 2007-17: Appointing Glenn Herriman - Adopted 5/0 Discussion on details of Goodland Overlay. (Commissioner Fiala) To continue to a future meeting - Consensus Request to reconsider Petition A VROW-2006-AR-99 I 8. (Commissioner Fiala) Motion to reconsider - Denied 2/3 (Commissioner Coyle, Commissioner Halas and Commissioner Coletta opposed) Name change of Collier Regional Medical Center to Physicians Regional Medical Center-Collier Boulevard, and name change of Physicians Regional Medical Center to Physicians Regional Medical Center-Pine Ridge. Approved - 5/0 10. COUNTY MANAGER'S REPORT A. To request direction from the Board regarding the purchase of a 1.14 acre parcel, currently under contract within Golden Gate Estates, Unit 53 under the Conservation Collier Land Acquisition Program, possibly at an additional cost of $50,000. (Alex Sulecki, Senior Environmental Specialist, Community Development) Motion to approve Option #1 - Approved 5/0 B. This item to be heard at 11 :00 a.m. To provide information on the status of the Southwest Florida Expressway Authority's activities and the ongoing Toll Feasibility Studies for I-75 and to discuss future options with the Board. (Norman Feder, Administrator, Transportation Services) Presented C. Recommendation to approve the Memorandum of Agreement to participate in the Catalyst Project for Economic Development - Florida's Rural Areas of Critical Concern (RACEC's). (Tammie Nemecek, Economic Development Page 7 January 9, 2007 Council. ) Approved - 5/0 D. Recommendation to approve award of Bid #07-4077, Asphalt and Related Items to Better Roads, Bonness, Quality Enterprises and FT A Holdings, LLC. For an estimated annual expenditure of $2,650,000.00. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 E. Recommendation to provide direction to staff regarding an applicants request for after-the-fact approval of an alternative road impact fee calculation for dry storage units at the Calusa Island Yacht Club and Marina, and to provide direction to staff regarding an applicants request for after-the- fact approval of a previous individual calculation of road impact fees for wet slips at the same marina. (Norman Feder, Administrator, Transportation Services) Motion to charge back impact on closest fees to that time period and on slips to be developed get a new study (with a closed study date of June 2007) or use existing (recent) study to determine impact fees- Approved 5/0 F. This item to be heard at 4:00 p.m. This item was continued from the November 28, 2006 BCC Meetinf!. Recommendation to deny petition to convert fields at Veterans Community Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted baseball field. (Barry Williams, Director, Parks and Recreation) Motion to bring back for discussion during the Capital Improvement Element Session, a little league field/park w/ancillary activities; also at the Joint Meeting between the BCC and the School Board on March 20, 2007 for staff to draft a MOU on what needs to be done to accomplish this project - Approved 4/0 (Commissioner Coyle out) G. To receive approval to purchase the group insurance coverage and vendor services necessary to manage the group insurance program. ($4,137,435) (Len Price, Administrator, Administrative Services) Approved - 4/0 (Commissioner Coyle out) H. Recommendation that the Board of County Commissioners authorize the County Manager or his designee to create an additional thirteen (13) permanent Full Time Equivalent (FTE) positions within the Community Page 8 January 9, 2007 Development and Environmental Services Division to address critical immediate land use approval, permitting, and inspection needs, and to give approval for any subsequent Budget Amendments required to fund such positions. (Joseph K. Schmitt, Administrator, Community Development) Approved - 3/1 (Commissioner Henning opposed and Commissioner Coyle out) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bruce Anderson representing Lennar Communities, requesting a 4- week extension on a temporary use permit due to expire on January 16, 2007 to operate a golf pro-shop for Heritage Bay Golf Course - Approved 4/0 (Commissioner Coyle out) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to authorize the Hispanic Affairs advisory board to present a proposed amendment to the HAAB Ordinance No. 91-37, as amended, and codified as Chapter 2, Article VIII, Division 7, in the Code of Laws and Ordinances, amending Section 7, Functions Powers and Duties, to clarify the HAAB goals and objectives, and providing an effective date. Approved - 4/0 (Commissioner Coyle out) B. Recommendation that the Board of County Commissioners review the Collier County Ethics Ordinance No. 04-05, as amended, discuss the status of the ordinance and possible revisions, and direct the County Attorney's Office to return with a proposed amendment if desired. Motion to amend Ordinance regarding the full-disclosure of representation when coming before and/or speaking with any county governing body - Motion fails 2/2 (Commissioner Halas and Commissioner Fiala opposed and Commissioner Coyle out); Motion for amendment to Ord. 04-05 to reflect that any lobbyist is to report (written) representation of any client that they are being paid to lobby for and to make that list available to the public and updated quarterly with the Clerk's office, and to also disclose who they represent when speaking before any county governing body or staff - 3/1 (Commissioner Henning opposed and Commissioner Coyle out); County Attorney's office to work on preparing the draft ordinance and prepare for legal notice. Page 9 January 9, 2007 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. David Weigel thanks Commissioner Halas for his service as Chairman B. Mr. Mudd regarding his trip with Commissioner Halas to see the Florida Dept. of Environmental Protection to discuss public beach parking and the loss of cost-share dollars (1.7 million dollars) for beach re-nourishment; discussion of the selling of visitor passes - to be brought back at the January 23, 2007 BCC Meeting C. Mr. Mudd: Letter of confirmation from the Chief of the East Naples Fire Department requesting a joint meeting with the BCC - Consensus on scheduling a meeting D. Mr. Mudd: Letter from Bill Moss regarding the possible consolidation of chosen fire districts and EMS Dept. - Discussions to continue E. Commissioner Halas' letter concerning environmentally friendly fertilizers - follow-up by Jim DeLony F. Chairman Coletta - Mario Diaz being sworn in on January 13,2007 at courthouse G. Chairman Coletta - Would like to continue his work with the Productivity Committee as Chairman, specifically his work on a charter-government, traditionally the Vice-Chair is in this position - Consensus to let him continue for two months H. Chairman Coletta discussion on Agenda Item #10E and a possible audit I. Commissioner Fiala: No decisions on the reorganization of code- enforcement J. Commissioner Henning: School Board staff letter to vacate CAT facility transfer station. Motion for the to Chairman to draft a letter to School Board Chairman requesting an extension on vacating this facility - Approved 4/0 K. Commissioner Henning: School Board and BCC to better communicate directly versus through staff ------------------------------------------------------------------------------------------------------------ 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. Page 10 January 9,2007 ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Delasol Phase Three. The roadway and drainage improvements will be privately maintained. Resolution 2007-01 2) Recommendation to approve final approval of the water utility facility for Forest Glen, Parcel 5. W /release of the Utilities Performance Security 3) Recommendation to approve final acceptance of the water utility facility for Forest Glen, Parcel 6. W/release of the Utilities Performance Security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Glen of Naples. The roadway and drainage improvements will be privately maintained. Resolution 2007-02 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Florida Club of Naples. W /release of the Utilities Performance Security 6) Recommendation to approve Second Amendment to the Marco Island Cable Franchise Agreement that extends the cable operators franchised area to all of unincorporated Collier County and whereby the cable operator commits to install fiber cable for the use and benefit of Collier County. For an interconnection at U.S. 41 and Collier Blvd. 7) Recommendation to award contract No. 07-4039 for $49,716 to Fraser and Mohlke and Associates, Inc., a consultant firm, to take the primary lead within the public participation phase of the East of CR951 Infrastructure and Services Horizon Study and collect and Page 11 January 9, 2007 tabulate the results of the public polling. For the area East of CR951 8) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinf! be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Carolina Village, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORTATION SERVICES 1) Recommendation to award a construction contract to Better Roads, Inc. for Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road, Bid No. 07-4090, Project No. 66065, in the amount of $826,725.20. 2) Recommendation that the Board of Collier County Commissioners approve award of Bid #07-3986R, Annual Contract for Concrete Sidewalk and Curb Maintenance to N. R. Contractors, Inc. for an estimated annual expenditure of $250,000. 3) Recommendation that the Board of Collier County Commissioners approve award of Bid #07-4043, Milling of Existing Asphalt Roadways to FT A Holdings, LLC, Better Roads, Inc. and Bonness for an estimated annual expenditure of $100,000. To remove and/or replace existing traffic calming devices 4) Recommendation that the Board of Collier County Commissioners approve award of Bid #07-4057, Purchase and Delivery of Metal and Polyethylene Pipe to Contech Construction Products, Inc., Ferguson Waterworks and HD Supply Waterworks L TD for an estimated annual expenditure of $50,000. 5) Recommendation to approve a Resolution establishing a No Parking zone on the south shoulder of Radio Lane beginning at the point of tangent for the eastern driveway leading to the Circle K store and extending 600 feet eastward at a cost of $1900. Resolution 2007-03 Page 12 January 9, 2007 6) Recommendation to Direct the County Manager or his Designee to Draft a County Ordinance Governing the Threshold Amount of Land or Easement Purchases Requiring One or Two Real Estate Appraisals (Estimated fiscal impact: $0.00 ) 7) Recommendation to approve an Inter-local Agreement between the School District of Collier County, collectively referred to as "District, and Collier County, herein referred to as County, for possible future operational improvements as it pertains to Elementary School 'M' traffic impacts. To move forward with construction of School M 8) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $200,000 for sidewalk construction on Floridan Avenue from Broward Street to Confederate Drive (Project #601201). Resolution 2007-04 9) Recommendation to award Contract #06-3975 Annual Fixed Term Professional Transportation Planning Consultant Services to one (1) additional firm (Estimated Annual Amount $300,000). To URS Corporation Southern, Inc. 10) Recommendation to approve a Resolution authorizing the County Manager or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded. ($317,000) Resolution 2007-05 11) Recommendation to approve a Resolution authorizing the County Manager or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded. ($837,244.80) Resolution 2007-06 C. PUBLIC UTILITIES Page 13 January 9, 2007 1) Recommendation to convey a Utility Easement to the Water-Sewer District for five public water supply well sites, associated pipelines, and access on the Collier County Fairgrounds property at an estimated cost not to exceed $61.00, for the North East Regional Water Treatment Plant Well field, Project Number 70899. To supply raw water to the North East Regional Water Treatment Plant 2) Recommendation to approve Work Order # CT-FT-3971-07-05 under Contract # 06-3971, Annual Contract for General Contractors Service, to Chris-Tel Company ofS.W. Florida. in the amount of$168,878.00 for interior renovations at the North County Regional Water Treatment Plant (NCRWTP), Project Number 700953. For general renovations to acoustical tile ceilings, tile/carpet floors, walls, replacement of a laboratory countertop, and plumbing upgrades 3) Recommendation to approve a deduct Change Order to Contract 04- 3535, Work Order UC-235, with Kyle Construction, Inc. for $50,597.00 for the South County Water Reclamation Facility Reliability Improvements Lely High School Force Main, Project 72508. For the exclusion of the installation of a 4" wastewater force main 4) Recommendation to award Contract(s) #06-4015 Solid Waste Professional Engineering, Technical and Financial Consulting Services to the following firms: Malcolm Pirnie, Inc.; CH2M Hill, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; Brown and Caldwell; and R.W. Beck, Inc. not to exceed $750,000 per contract per year. To ensure airspace preservation to extend the useful life of the Collier County Landfill 5) Approval to transfer funds and the associated budget amendments for Agreement ML070554 and ML040284 with the South Florida Water Management District (SFWMD) from Miscellaneous Grant Fund (116) to Water Pollution Control Fund (114) in the amount of $244,414. Funds needed for operating expenses, 2 Lab Tech positions and other contractual services Page 14 January 9, 2007 6) Approval of agreement with the South Florida Water Management District to monitor ground water in Collier County in the amount of $337,601 and the associated budget amendment. 7) Recommendation to executive agreement with WCI Communities, Incorporated for cost sharing for the replacement of the 6" watermain on Tower Road for a fiscal impact not to exceed amount of $11 0,600. D. PUBLIC SERVICES 1) Recommendation to approve a Second Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., for the continued use of vacant County-owned land at an annual income of $10. Located adjacent to the Manatee Elementary and Middle School Property 2) Recommendation to appropriate reserves in the amount of $32,930 to replace the Fire Suppression Hood at Golden Gate Community Center. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to Fund 516, Property and Casualty Insurance in the amount of $533,500 to efficiently manage the payment of Builders Risk Insurance premiums on various capital construction projects. FY 2007 2) Recommendation to repeal Collier County Resolution No. 95-474 and discontinue the collection of fees for the provision of a Vendor Subscription Service. Resolution 2007-07 3) Recommendation to approve the addition of the classification Deputy Administrator - CDES to the 2007 Fiscal Year Pay and Classification Plan. 4) Recommendation to approve a Sign Easement with Wal-Mart Stores Inc., allowing Collier County to install a permanent sign on vacant Page 15 January 9, 2007 land to advertise the County's Museum with no annual rent. 5) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. Between November 17 and December 18, 2006 6) Recommendation to ratify additions to and a modification to the 2007 Fiscal Year Pay and Classification Plan made from October I, 2006 through December 15,2006. 7) Recommendation to award Bid 07-4083 "On-Call Electrician Repairs and New Installation - County Wide" to multiple vendors. ($164,000 annually) Hart's Electrical, Inc., Mizpah Electrical, Inc., American Electric of Miami, Inc., Southwest Electric, Inc., E.B. Simmonds Electrical, Inc., and Paragon Electric Systems, Inc. 8) Recommendation to award Bid 07-4097 "On Call Plumbing Contractor Services" to Shamrock Plumbing & Mechanical, Inc. as primary, First Class Plumbing as secondary and Eddie Bock's Plumbing as the third vendor for Plumbing Services. ($190,000 annually) F. COUNTY MANAGER 1) Recommendation to approve a resolution providing for the establishment of a Use Agreement between Collier County Board of County Commissioners and the Florida Bureau of Public Lands and authorized Chairperson to sign the Public Use Agreement after approval by the County Attorneys Office. (Wiggins Pass dredging - State Park Beach Renourishment) Resolution 2007-08 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Page 16 January 9, 2007 Gateway Triangle Community Redevelopment area. Located at 2732 W eeks Avenue 2) Recommendation to approve a Budget Amendment in the amount of $112,000 to Fund the Planned Unit Development at the Immokalee Regional Airport/Florida Tradeport. 3) Recommendation that the Community Redevelopment Agency approves a one-time monetary sponsorship of$5,000.00 to Bayshore Cultural Arts, Inc. for Hearts In The Garden event from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY07 Marketing & Promotions budget for event set-up costs, rentals, security, printing and advertising expenses only, and declare the sponsorship serves a valid public purpose. February 2nd and 9t\ 2007 at Naples Botanical Gardens H. BOARD OF COUNTY COMMISSIONERS 1) 2) Withdrawn 3) Withdrawn Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Leadership Marco Government Luncheon on November 29th, 2006 at the Marco Island Yacht Club; $20.00 to be paid from Commissioner Fiala's travel budget. Commissioner Fiala request board approval for reimbursement for attending a function serving a valid public purpose. Attended the 22nd Annual Scholarship Fashion Show on Wednesday, December 6th 2006; $60.00 to be paid from Commissioner Fiala's travel budget. Commissioner Halas requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19,2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. Page 17 January 9,2007 4) Commissioner Fiala requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19,2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $10.00 to be paid from Commissioner Fiala travel budget. 5) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the 50th Year Anniversary of Friends of the Library on Friday, January 12, 2007, at the Collier County Library Headquarters in Naples, Florida. $20.00 to be paid from Commissioner Halas' 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 December 2, 2006 through December 8, 2006 and for Submission into the Official Records of the Board. 2) To close out Grey Oaks Fire Station Number 20 capital project fund and remit unspent excess to North Naples and East Naples Fire Districts. The unspent amount will be split equally between the North Naples Fire District and East Naples Fire District in the amount of $31,083.15 3) Authorize the Supervisor of Elections to accept voter poll worker recruitment and training fund with a 150/0 matching contribution. 4) Authorize the Supervisor of Elections to accept voter education funds with a 15010 matching contribution. 5) To obtain Board Approval for Disbursements for the Period of November 25,2006 through December 2,2006 and for Submission Page 18 January 9, 2007 into the Official Records of the Board. 6) To obtain Board Approval for Disbursements for the Period of December 9, 2006 through December 15, 2006 and for Submission into the Official Records of the Board. 7) To obtain Board Approval for Disbursements for the Period of December 16, 2006 through December 22, 2006 and for Submission into the Official Records of the Board. K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment as to Parcels 140 and 141 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et aI., Case No. 04-3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $13,150) As detailed in the Executive Summary 2) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$125,000.00 for the Acquisition of Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et aI., Case No. 03-2352-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact: $74,897.80) The county is responsible for attorney and expert fees 3) Recommendation to approve a Stipulated Final Judgment in the amount of $39,000.00 for the acquisition of Parcels 136,836 and 936 in the lawsuit styled Collier County v. David J. Frey, et aI., Case No. 03-2353-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $29,157.00) Additional cost is for appraisal and engineering fees and statutory attorney fees 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 139 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road Project No. 60018). (Fiscal Impact $77,732) Page 19 January 9, 2007 The mediated settlement provides for payment of attorney's fees and all expert fees 5) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Attorneys Fees and Costs in Connection with Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et aI., Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). Fiscal Impact: $1,946.80. An additional hearing was held to determine appraisal fees 6) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Supplemental Attorney Fees in Connection with Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et aI., Case No. 03-2227-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $1,245.00. An additional hearing was held to determine appraisal fees 7) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment as to Respondent, Exxon Mobil Oil Corporation, for Parcel No. 133 in the Lawsuit Styled Collier County v. First National Bank of Naples, et aI., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact: $2,300.00. As detailed in the Executive Summary 8) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment as to Respondent, Exxon Mobil Oil Corporation, for Parcels 131A and 131B in the Lawsuit Styled Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA (Immokalee Road Project No. 66042). Fiscal Impact: $3,750.00. Additional costs for expert and attorney fees 9) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 805 in the lawsuit styled CC v. James M. Brown, et aI., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $130,580) As detailed in the Executive Summary 10) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment in the Amount of $158,675.00 for Parcel Page 20 January 9, 2007 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et aI., Case No. 04-3452-CA (Immokalee Road Project No. 66042). Fiscal Impact: $36,347.75. Additional expenditures for expert fees, attorney fees and clerk service fees 11) Recommendation to approve a Stipulated Final Judgment for Parcels 718A & 718B in the lawsuit styled CC v. Berean Baptist Church of Naples, Inc., et aI., Case No. 06-1254-CA (County Barn Road Project No. 60101). (Fiscal Impact $1,396.50) The county to pay additional compensation in the amount of $1,396.50 12) Recommendation that the Board of County Commissioners and the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District approve a Settlement Agreement and Release with Schenkel & Shultz, Inc., relating to the project known as the Design and Expansion of the South County Regional Water Reclamation Facility Second Floor Process Control Building, Contract No. 01-3235 and Work Order/Project #725091, as amended, and authorize the Chairman to execute any necessary settlement documents following final review by the County Attorney. As detailed in the Executive Summary 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. Request the Board of Page 21 January 9, 2007 County Commissioners to set a public hearing date of April 24, 2007 for consideration of a Development of Regional Impact Development Order amendment for petition DOA-2005-AR-7136, Grey Oaks DR! located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Companion to PUDA-2005-AR-IOI57). Moved to Item #8B B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2006-AR-l 0 150 Buckstone Estates, LLC, represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A., request a rezone from the Rural Agricultural (A) zoning district to the Residential Multi-Family-6 zoning district (RMF-6[with a limit of 4 homes/ per acre]) for a 4.61 acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately mile west of Collier Boulevard (County Road 951 )in Section 34, Township 48 South, Range 26 East, Collier County, Florida. C. This item was continued from the December 12, 2006 BCC, the January 9,2007 BCC meetinf! and is further continued to the January 23, 2007 BCC meetinf!. 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-9775, Hanson to disclaim, renounce and vacate the County's and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. D. This item was continued from the December 12.2006 BCC meetinf!. the January 9. 2007 BCC meetinf! and has been continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VROW-2006-AR-9477, GOLDEN GATE ESTATES UNIT 95 to disclaim, renounce and vacate the County's and the Publics interest in a 60 foot wide right of way easement known as 7TH Avenue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A, and to accept a 20 foot wide alternate drainage easement and Page 22 January 9, 2007 two 10 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. E. Recommendation that the Board of County Commissioners adopt an ordinance amending Collier County Ordinance No. 99-85, as amended, the Seniors Homestead Exemption Ordinance, to increase the additional homestead exemption for qualifying persons age 65 and older from $25,000 to $50,000 pursuant to the Florida Constitutional Amendment approved by referendum on November 7,2006. Ordinance 2007-01 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 January 9, 2007