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Recap 01/23-24/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tt'.,,' "::--. ...."'~ , \ . ~- -'.W'"""'m.' AGENDA January 23-24, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice-Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 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 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE Page 1 January 23-24, 2007 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 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 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. December 7, 2006 - BCC/Land Development Code Meeting Approved as presented - 5/0 C. January 10,2007 - BCC Special Meeting with South Florida Water Management District (Minutes & Records request) Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Steven Epright, EMS Not Present 2) Tracey Payne, IT Page 2 January 23-24, 2007 Presented B. 25 Year Attendees 1) Sue Filson, BCC Office Presented 4. PROCLAMATIONS A. Proclamation designating January 21,2007 - January 27, 2007 as Hazardous Materials Awareness Week. Proclamation will be accepted by Richard A. Zyvoloski, Jr., Emergency Management Coordinator, Bureau of Emergency Services. Adopted - 5/0 B. Proclamation designating January 1, 2007 through December 31, 2007 as the Golden Anniversary Year for the Friends of the Library of Collier County, Inc. and Collier County Public Library. To be accepted by Mr. Nick Linn, President, Friends of the Library of Collier County and Ms. Marilyn Matthes, Director, Collier County Public Library. Adopted - 5/0 5. PRESENTATIONS A. Widening the existing two lane rural roadway of Vanderbilt Beach Road to a six lane urban roadway between Airport-Pulling and Collier Boulevard. Project has six foot sidewalk and four foot bike lanes on both sides. This project of 5.39 miles has over 25 miles of underground utility work. Discussed 6. PUBLIC PETITIONS A. Public Petition request by Joseph Harrington to discuss addition of a patio enclosure to buffer noise from sewer system. Motion to not take action on this item - Approved 4/1 (Commissioner Fiala opposed) B. Public Petition request by Larry Baytos to discuss the merits of an exploratory study of Home Rule Charter Government. Discussed Page 3 January 23-24, 2007 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. This item to be heard before Companion Item 8B PUDZ-A-2006-AR- 9021 LASIConservation CFPUD. This item was continued from the November 28, 2006 BCC meetillf! and the December 12,2006 BCC meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDA- 2006-AR-9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately I mile north of Rattlesnake-Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item #8B: PUDZ-A-2006-AR-9021 LASIP Conservation CFPUD) Ordinance 2007-04 Adopted w/changes - 5/0 B. This item to be heard followin2 Companion Item #8A: PUDA-2006-AR- 9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 BCC Meetin2 and the December 12, 2006 BCC Meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2006- AR-9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP Conservation Area). The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation Page 4 January 23-24, 2007 of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Item #8A: PUDA-2006-AR-9576 Homes of Islandia) Ordinance 2007-05 Adopted wla change - 5/0 C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. DOA-2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DR!) Development Order to allow an increase in the maximum development area of957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the build-out date from October 15,2005 to October 15,2010. The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section II, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition PUDZ-A-AR-8550) Motion to continue to March 13, 2007 - Approved 5/0 D. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2005-AR- 8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Y ovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of I ,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the build-out date from October 15,2005 to October 15,2010. The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section II, Township 49 South, Page 5 January 23-24, 2007 Range 25 East, Collier County, Florida. (Companion to Petition DRI- DOA-2005-AR-8543) Motion to Continue to March 13, 2007 - Approved 5/0 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2005- AR-7818, Freeland and Schuh, Inc., represented by Tim Hancock, of Davidson Engineering, is requesting an amendment to the Pine View PUD to permit automotive sales within the PUD and increase the allowable building height from 35 feet to 45 feet. The subject property, consisting of 15.58 acres, is located on the southwest comer of Pine Ridge Road and Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2007-06 Adopted wlchange (without item # 1) - 5/0 F. This item is a companion to Items 10E and 10F which will be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- A-2004-AR-64 1 7 Ronald Benderson et aI, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the I-75/Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C-l through C4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR- 951) and I-75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion to Item #10E: Developers Contribution Agreement) Motion to table Items 10E, 10F and 8F - Approved 5/0 Motion to continue all Items to the next BCC Meeting February 13, 2007 - Approved 5/0 Page 6 January 23-24, 2007 G. This item was continued from the November 14,2006 BCC meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2006-AR- 9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9,2007. The subject property consists of 636.8 acres and is located 1 mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2007-31: Motion to recognize petitioner's request that their project be tolled until land owner obtains permits - Adopted 3/2 (Commissioner Fiala and Commissioner Halas opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. Resolution 2007-23 Appointing Kenneth Kelly and Jerry Morgan as regular members and Lionel L 'Esperance as an alternate member - Adopted 5/0 B. Appointment of member to the Educational Facilities Authority. Resolution 2007-24 Re-appointing Alice Carlson - Adopted 5/0 C. Appointment of member to the Industrial Development Authority. Resolution 2007-25 Re-appointing Alice Carlson - Adopted 5/0 D. Appointment of member to the Public Vehic1e Advisory Committee. Resolution 2007-26 Appointing Steven Quinn - Adopted 5/0 (Commissioner Fiala absent) E. Appointment of member to the Ochopee Fire Control District Advisory Committee. Resolution 2007-27 Appointing Mitchell Roberts - Adopted 4/0 (Commissioner Fiala absent) F. Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Resolution 2007-28 Appointing Bruce Prelble - Adopted 5/0 Page 7 January 23-24, 2007 G. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Resolution 2007-29 Appointing Thomas Decker - Adopted 5/0 H. Appointment of members to the Land Acquisition Advisory Committee. Resolution 2007-30 Re-appointing Marco Espinar, Michael Delate and Mimi W olok - Adopted 5/0 Continued Indefinitely I. Appointment of member to the Pelican Bay Services Division Board. J. K. L. Added M. Request Board to set the balloting date for the recommendation of members to the Pelican Bay Services Division board by Record Title Owners of property within Pelican Bay. Date of March 2, 2007 - Approved 5/0 Recommendation to assign to the County Government Productivity Committee the task of studying the potential benefits of a charter government compared to our present form of government, and to direct The Productivity Committee to report their findings and recommendations to the Board of County Commissioners. (Commissioner Coletta) Motion to meet in committee to discuss charter government - Approved 5/0 Discussion regarding Collier County's position on property insurance legislation. (Commissioner Coyle) Motion to add to legislative initiatives and to have staff draft a resolution - Approved 4/0 (Commissioner Henning out) Board of County Commissioners to consider staff direction to place CP- 2006-06 in the 2005 Growth Management Plan Amendment Cycle, or to create a special cycle for GMP amendments that provide affordable housing. Motion to add to 2005 GMP cycle w/limitations - Denied 3/2 (Commissioner Coyle and Commissioner Halas opposed) (January 24,2007) 10. COUNTY MANAGER'S REPORT Page 8 January 23-24, 2007 A. This item to be heard at 11 :00 a.m. Recommendation to approve the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-category. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion to approve A-list negotiations as modified w/exception of Winchester Head ( to be brought back) and Fleischmann property to be moved to a-list; Motion to approve B-list and C-list - Approved 5/0 B. This is a Companion Item to Item 14B and to be heard after Items 14A and 14B are discussed by the CRA at 4:30 p.m. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners to establish an office in Immokalee. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Approved - 5/0 C. This item to be heard at 4:45 p.m. Quarterly Report of the Immokalee Enterprise Zone Development Agency to the Collier County Board of County Commissioners of Progress Ending on December 31, 2006 (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Accepted - 4/0 (Commissioner Coyle out) D. Recommendation to approve the FY 07 agreement between Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. in the amount of$I,035,600. (Marla Ramsey, Administrator, Public Services) Approved - 5/0 (January 24,2007) E. This item to be heard at 1 :00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) Motion to table Items 10E, 10F and 8F - Approved 5/0 Motion to continue all Items to the next BCC Meeting February 13, 2007 - Approved 5/0 Page 9 January 23-24, 2007 F. This item to be heard at 1 :00 p.m. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right-of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) Motion to table Items 10E, 10F and 8F - Approved 5/0 Motion to continue all Items to the next BCC Meeting February 13, 2007 - Approved 5/0 G. Recommendation to award Contract 07-4075 - "Lely Area Stormwater Improvement Project (LASIP) Phase lA" to Mitchell & Stark Construction Company, Inc in the amount of $2,459,003. (Stormwater Management Department Project #51101) (Norman Feder, Administrator, Transportation Services) Approved - 5/0 (January 24, 2007) H. Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of$7,000,000. (Jim Mudd, County Manager) Motion to accept staff direction for staff and clerk to bringforth anything over $1 million- Approved 5/0 (January 24, 2007) I. This item to be heard at 5:00 p.m. Recommendation that the Board Of County Commissioners (BCC) give direction to the County Manager or his designee on whether or not to revoke the building permit issued for the Inglis-Spence single family dwelling to be constructed on property located at 502 Coconut Avenue in Goodland, Florida if it is deemed that the permit was issued inconsistent with the Village Residential (VR) Zoning District regulations. The BCC also directed the County Manager or his designee to evaluate the VR regulations to determine what measures should be taken to ensure that future development will be consistent with the purpose and intent statement of the VR Zoning District and with the Goodland Zoning Overlay (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Discussed; Motion made to put together an amendment to the Overlay, get a 50otlo +1 majority of Goodland residents in approval and bring forward an advertised petition to the BCC Motion to take no action on the permit - approved Page 10 January 23-24, 2007 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bill K10hn - Seawith Application regarding Affordable Housing that went to Tallahassee 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommend the Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) appoint a new Chair and Vice-Chair for the CRA, direct the County Manager or his designee to prepare the annual report required by Florida Statute 163.356(3)(c) by March 31 of each calendar year, and to direct the County Manager or his designee to modify Resolution 2001-98, which requires the CRA to hold an annual meeting in January of each year, to make the annual meeting requirement transpire in March of each year, when the annual report is required. Motion to keep Donna Fiala as Chairman - Approved 5/0, Vice Chairman is Jim Coletta - Approved 5/0 Motion to move annual meeting to March - Approved 5/0 B. This item to be heard at 4:30 p.m. and is to be heard before Companion Item lOB. Recommendation of the Immokalee Redevelopment Advisory Board and Immokalee Enterprise Zone Development Agency to the Collier County Community Redevelopment Agency to establish an office in Immokalee. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. David Weigel- Reminder of the Closed Session on February 13,2007 at noon regarding lawsuit with the Clerk B. Jim Mudd - Time certain Linkage Fee to be moved to the afternoon of 2/14/07 @ 1pm Page 11 January 23-24,2007 C. Commissioner Henning - Sons of the American Revolution - Liberty Tree on public grounds; Direction to staff for County Manager to help find a location - Approved 5/0 D. Commissioner Henning - Motion to kill Mitigation Fee Ordinance - Approved 3/2 (Commissioners Halas and Commissioner Coletta opposed) E. Commissioner Fiala - Specific cost for the burying of the FLP lines F. Commissioner Coyle - Property Insurance Issues - Meet with staff for minor changes to a resolution and bring to Board - consensus G. Commissioner Coyle - Mr. Schmitt has a spreadsheet for Affordable Housing donations, contributions, and extraction for disbursement - bring forward an ordinance relating to any kind of contributions of fees to legitimize their collection and dispersement H. Commissioner Halas - Vote for an unadvertised item that was voted on in staff communication I. Commissioner Halas - Workshops in State of Florida regarding Property Taxes J. Commissioner Coletta - Public comment input during Staff Communications - allowed a Public Speaker K. Janet Vasey - Mitigation Fee Ordinance: to allow the process to continue and work with staff to work on the Ordinance; and to continue the item through to the agenda 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 and sewer utility facilities for Falling Waters Beach Resort. 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 13, Page 12 January 23-24, 2007 Middlebrooke Townhomes, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearin2 be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake Trafford Block C, 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 approve a budget amendment to recognize revenue from a Developer Contribution for the SCOOT Split Cycle Offset Optimization Project 601724 Fund (313) in the amount of $90,000 and appropriate within the project. (Project No. 60172) 2) Recommendation to award Bid #07-4074 U.S. 41 (SR 90) Tamiami Trail East (Phase C-Rattlesnake Hammock to St. Andrews) Irrigation and Landscape Installation to Vila & Son in the amount of $549,015.37 with 100/0 contingency of$54,901.54 for a total of $603,916.91 (Project #600261). 3) Recommendation to award Bid #07-4079U.S. 41 (SR 90) Tamiami Trail East (Phase E-Barefoot Williams Road to 951) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $569,627.72 with 10% contingency of$56,962.77 for a total of $626,590.49 (Proj ect #600451). 4) Recommendation to award Bid #07-4080U.S. 41 (SR 90) Tamiami Trail East (Phase D-St. Andrews to Barefoot Williams Road) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of$925,396.63 with 10% contingency of$92,539.66 for a total of $1,017,936.29 (Project #600231). Page 13 January 23-24, 2007 5) Recommendation to award Bid #07-4091 Golden Gate Boulevard Phase III Collier County Landscape Beautification Master Plan to Hannula Landscaping Inc. in the amount of$478,939.64 with 10% contingency of$47,893.96 for a total of$526,833.60 (Project #60070 I). 6) Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from various Developers for the PUD Monitoring Program in the amount of $79,929 and appropriate within Fund (101). For the current fiscal year 2007 $25,000 was budgeted by Transportation. The PUD Monitoring funds actually received as of December 28,2006 were $104,929. In order to appropriate funds a budget amendment is needed to recognize the additional revenue and purchase needed equipment for the monitoring program. 7) Approve a Budget Amendment recognizing an additional $36,568.00 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007. 8) Approve the purchase of 2.41 (Parcel # 137) acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 9) Approve the purchase of2.41 acres (Parcel #139) of unimproved property which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $267,580) 10) Recommendation to award Bid #07-4093 - Goodlette Frank Road Landscape Project (Golden Gate Parkway to Pine Ridge Road) to Hannula Landscaping Inc. in the amount of$856,950.03.(Fund 313, Project #600054). 11) Recommendation to award Bid #07-4073 US 41 Tamiami Trail North (SR 45) Phase V (Wiggins Pass to County Line) Irrigation and Landscape Installation to Hannula Landscaping Inc. in the amount of $683.891.35 with 10% contingency of$68,389.13 for a total of $752,280.48 (Project #600211). Page 14 January 23-24, 2007 12) Recommendation for the Board of County Commissioners to approve budget amendments to re-align the Surveying, Underground Locates, and ROW Permitting Sections from Traffic Operations and Stormwater Management Departments to the Road and Bridge Department in the amount of$207,129. 13) Recommendation to approve the Collier Area Transit Substance Abuse Policy. This policy is required in order for Collier County to receive Federal Transit Authority Grants. 14) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of$150.00. American Home Mortgage is the sponsor for this agreement. 15) Recommendation to approve the purchase of one fixed route bus to be operated by Collier Area Transit. This bus will replace a bus that was damaged in an accident in December 2006. The total cost of the bus is $324,326.00 and will include installation of a radio for communication. C. PUBLIC UTILITIES 1) Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the Henderson Creek Park water distribution system at a cost not to exceed $3,250, Project 710101. 2) Recommendation to award Contract 07 -4071 Financial Consulting Services to Public Resources Management Group, Inc. (PRMG), in an estimated annual amount of approximately $300,000. 3) Recommendation to convey a Utility and Access Easement to the Water-Sewer District for the construction and maintenance of raw water pipelines, and access, on property owned by Collier County within the CR-95 1 Canal Corridor at an estimated cost not to exceed $18.50, Project Number 700661. 4) Recommendation to approve the acquisition of a 50-foot by 60-foot Utility Easement near the northwest corner of 481 Weber Boulevard Page 15 January 23-24, 2007 5) 6) 7) Withdrawn 8) North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Number 700661. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2007-18 A ward annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. Category A - American Infrastructure Corporation, Miller Pipeline Corporation as the secondary contractor, Reynolds Inliner as an alternate, Category Bl - Reynolds Inliner, Category B2 - Miller Pipeline Corporation, and in Category C - HERC Products, Inc. D. PUBLIC SERVICES 1) Approve Agreement for funding in the amount of $600,000 towards costs of repairs of Everglades City Hall as approved by the Board on November 21,2006. 2) Recommendation to Approve a Resolution Designating February 2007 as Domestic Animal Services Senior Appreciation Month and Providing Senior Citizens a $10.00 Discount for the Adoption of Dogs and Cats During that Month. Resolution 2007-19 Page 16 January 23-24, 2007 3) Recommendation to accept Grant Agreement #06174 from the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program (FBIP) Grant to fund the Collier County Boater Education Project in the amount of $14,000. Approve Budget Amendments to recognize grant funds and transfer previously recognized match/seed money in the amount of $8,000 from Cedar Bay Marina. For the Sun N Fun Lagoon at North Collier Regional Park. 4) Recommendation to approve a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional food concession equipment. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Change Order No. 8 to Work Order #BSSW-00-07, Design of the North Collier Government Services Center, under Contract 99-2930, Fixed Term Professional Architectural Services with BSSW Architects, Inc. in the amount of $45,375 F. COUNTY MANAGER 1) Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. 2) Recommend Approval of Revised Collier County Beach Parking Policy and authorize staff to amend Ordinance 89-17 and or Resolution 2002-430 as necessary. 3) Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMP A) Competitive Grant Application to the Florida Department of Community Affairs in the amount of $24,200. 4) Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMP A) Competitive Page 17 January 23-24, 2007 Grant Application to the Florida Department of Community Affairs in the amount of$175,000. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10,2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a South Florida Water Management District (SFWMD) reception, welcoming Philip G. Flood, Director, Lower West Coast, on Wednesday, January 10,2007, at the Hilton Naples, 5111 Tamiami Trail North, Naples, Florida. $35.00 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Prepaid to attend the EDC Industry and Opportunity Tour on February 2, 2007. $20.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Naples Children & Education Foundation's reception on Tuesday, January 16, 2007 at The Pavilion Cinemas in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Right Angle Club's Luncheon Meeting on Thursday, January 11,2007 at The Vanderbilt Golf and Country Club in Naples, Page 18 January 23-24, 2007 Withdrawn Florida. A total of$15.00 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Spoke at the Heritage Bay Affordable Housing Groundbreaking and attended their Luncheon on Friday, January 19,2007 at The Heritage Bay in Naples, Florida. A total of $16.00 to be paid from Commissioner Coletta's travel budget to cover the cost of the luncheon. 7) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended on January 12th, 2007; $20.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. To Attend the Bayshore Cultural Arts HeArts in the Garden Series on February 2nd and February 9th, 2007; $50.00 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association 207 Annual Dinner at the Naples Lakes Country Club on Monday, January 22nd, 2007; $35.00 to be paid from Commissioner Fiala's travel budget. 10) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended on Monday, January 15th, 2007; $15.00 to be paid from Commissioner Fiala's travel budget. 11) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the CREW Land and Water Trust Annual Meeting on Friday, January 26th, 2007 at The Club at Barefoot Beach; $20.00 to be paid from Commissioner Fiala's travel budget. Page 19 January 23-24, 2007 12) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended on Sunday, January 14th, 2007; $65.00 to be paid from Commissioner Fiala's travel budget. 13) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attendedon Friday, January 12th, 2007; $16.00 to be paid from Commissioner Fiala's travel budget. 14) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend on January 13, 2007 and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain board approval for disbursements for the period of December 23,2006 through December 29,2006 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of December 30, 2006 through January 05, 2007 and for submission into the official records of the board. 3) Recommendation that the Board of County Commissioners approve the attached Resolution which supports the Collier County Sheriffs Office efforts to research and implement a work-release program as authorized and defined in 951.24, Florida Statutes. Resolution 2007-20 K. COUNTY ATTORNEY 1) Recommendation to approve settlement in the lawsuit entitled Gundeck v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-490-CA, for $55,000.00. As detailed in the Executive Summary Page 20 January 23-24, 2007 2) Recommendation to accept Respondents Offer of Judgment in the amount of$19,000.00 for Parcel 149 and approve the Stipulated Final Judgment in the lawsuit styled Collier County v. Ziad Shahla, et al., Case No. 04-600-CA (Vanderbilt Beach Road Project No. 63051) (Fiscal Impact $6,078.00). As detailed in the Executive Summary 3) Recommendation to Approve an Agreed Order for Payment of Engineering Fees in the amount of $1 ,600.00 in Connection with Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04-3452-CA (Immokalee Road Project No. 66042). Fiscal Impact: $1,600.00. 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 was continued from the December 12, 2006 BCC and January 9, 2007 BCC meetin2. 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 Countys 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. Resolution 2007-21 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SV-2006-AR- Page 21 January 23-24, 2007 9400, for an After-The-Fact Sign Variance for the Swamp Buggy Races/Florida Sports Park. The Sign Variance requested is to allow the existing non-conforming (Location, Size And Height) Off-Premises Directional Sign to remain at its existing location for a period of not more than three-years. The subject property is Collier County Public Right-Of- Way (Row) Collier Boulevard (CR 951) and south Florida Water Management District (SFWMD) Big Cypress Basin Easement along Collier Boulevard (CR 951) is located on the Southeast corner of Collier Boulevard and Rattlesnake - Hammock Road (CR 864) on property hereinafter described in Collier County, Florida. Resolution 2007-22 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 22 January 23-24, 2007