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Recap 02/13/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ti' ~~. ":::~ ~"~ AGENDA February 13, 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 Page 1 February 13, 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. Senior Minister Debra C. Williams, Unity of Naples Church 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 21,2006 - Value Adjustment Board Special Magistrate Approved as presented - 5/0 C. January 9,2007 - BCC/Regular Meeting Approved as presented - 5/0 D. January 16,2007 - BCC/Tourist Development Council Workshop Approved as presented - 5/0 E. January 18,2007 - District 3 Town Hall Meeting Approved as presented - 5/0 Page 2 February 13, 2007 F. January 23,2007 - BCC/Regular Meeting Approved as presented - 5/0 G. January 24,2007 - BCC/Regular Meeting-Continuation of January 23,2007 BCC Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5-vear recipient 1) Carol Wright - Vanderbilt Beach Beautification MSTU Advisory Committee Presented 10-vear recipient 2) Kent Orner - Ochopee Fire Control District Advisory Committee Presented 20-vear recipient 3) George Ponte - Collier County Code Enforcement Board Presented 4. PROCLAMATIONS A. Proclamation designating the month of February as Scouting Anniversary Month, to encourage citizens of Collier County to express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to Americas youth. Proclamation to be accepted by Mel Moore, Senior District Executive, Boy Scouts of America; Barbara Coen, District Vice Chairman, Boy Scouts of America; and William H. Poteet, Jr., Alligator District Chairman, Boy Scouts of America. Adopted - 5/0 B. Proclamation designating March 10,2007 through March 17,2007 as Save the Florida Panther Week to encourage citizens of Collier County to join in Page 3 February 13, 2007 the celebration of the Florida Panther. To be accepted by Tom Murray, President, Friends of the Florida Panther Refuge. Adopted - 5/0 C. Proclamation designating January, February and March 2007 as Naples Patriotic Moment Months. Proclamation will be accepted by Sharon Kurgis, Merrill Lynch and Phil Lewis, Naples Daily News. Adopted - 5/0 5. PRESENTATIONS A. The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills and knowledge, have successfully brought back to life individuals who have died. The Phoenix is a mythological bird that died and rose renewed from its ashes. Presented B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January, 2007. Presented C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. Presented D. Presentation to the Board of County Commissioners for the Waste Reduction A wards Program (WRAP) to recognize businesses and institutions for enhanced and innovative recycling programs. Presented E. This item to be heard at 10:00 a.m. Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. Presented; Recommendation for U. S. Fish & Wildlife to send agreement and note where underpasses that are needed to the BCC and to be proactive; USF&W Rep. Stated that panther mitigation is to be Page 4 February 13, 2007 reviewed on a case-by-case situation in regards to fees; Return in 4 months for presentation - Consensus F. Project presentation: Immokalee Road Expansion from U.S. 41 to 1-75 Ramps. A 3.5 mile project. Presented by John Carlo, Inc. Road issues/contracts to be brought back at a BCC Workshop Meeting; w/Transportation and Purchasing Staff to be included. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV -2006-AR-9962: Wal-Mart Stores East L.P., represented by Boice-Raidl-Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal-Mart Super-center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2007-37 Adopted - 4/1 (Commissioner Henning opposed) 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6810: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2007-27 Adopted - 4/1 (Commissioner Halas opposed) B. This item was continued from the J anuary 23~ 2007 BCC meetin2. This item is a companion to Items lOA and lOB which will be heard at 1:05 p.m. This item reQuires that all participants be sworn in and ex parte Page 5 February 13, 2007 disclosure be provided by Commission members. Petition PUDZ-A-2004- AR-6417 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 C-4 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 1-75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion item to #10A and #10B) Chairman suggested that items #8B, #10A and #10B be voted on all at once: Ordinance 2007-26 Adopted - 5/0 (Approved w/Item #10A and Item #10B) C. Repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, titled: an Ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58-26, pertaining to adopted standards and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58-27 pertaining to amendments to adopted fire codes, specifically NFP A I, 2002 Edition replacing Section 58-28, pertaining to amendments to the adopted Life Safety Code, specifically NFP A 101, 2002 Edition. Motion to discuss at workshop in March and follow up at next BCC meeting after that workshop - Approved 5/0 Page 6 February 13, 2007 Moved from Item #17B D. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) Ordinance 2007-28 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. Resolution 2007-38 Re-appointing James A. Pusateri and John Barlow - Adopted 5/0 B. Appointment of member to the Radio Road Beautification Advisory Committee. Resolution 2007-39 Appointing David R. Clemens - Adopted 5/0 C. Appointment of member to the Lake Trafford Restoration Task Force. Resolution 2007-40 Appointing David Bishof - Adopted 5/0 D. A Resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the State Legislators' efforts regarding state insurance reform. (Commissioner Coyle) Resolution 2007-41 Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1 :05 p.m. This item was continued from the January 23~ 2007 BCC Meetin2. 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) (Companion item to 8B and lOB) Chairman suggested that items #8B, #10A and #10B be voted on all at once: Approved with Item #8B and Item #10B - 5/0 B. This item to be heard at 1 :05 p.m. This item was continued from the January 23~ 2007 BCC Meetin2. Recommendation to approve a Page 7 February 13, 2007 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) (Companion item to 8B and lOA) Chairman suggested that items #8B, #10A and #10B be voted on all at once: Approved with Item #8B and Item #10A - 5/0 C. Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. (Len Price, Administrator, Administrative Services) Approved - 5/0 D. Report to the Board of County Commissioners from the Collier County Health and Code Enforcement Departments regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee Community.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion to approve staff's recommendations and to draft a letter to growers concerning housing needs for their workers - Approved 5/0 E. This item to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) Approved w/changes - 5/0 (Naples Bay Authorization, Bike Paths & Immokalee South Park discussed) F. Staff Report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration of an alternative buffer consideration, Project No 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) Discussed; No action taken G. Recommendation to approve budget amendments for $38,198,334.09 to transfer projects from various Water and Wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Page 8 February 13, 2007 H. This item to be heard at 11 :45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre-contract expenses, to authorize a non- binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached Budget Amendment. (Marla Ramsey, Administrator, Public Services) Approved - 5/0 Moved from Item #16D2 I. Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. Approved w/stipulations - 5/0 Moved from Item #16Cl - Remained on Consent with changes to verbage J. Recommendation to approve an agreement with FEBCO Inc. a Division of Watts Water Technologies Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Frank Donohue - Speed limits on Naples Bay Motion to have staff prepare request/application for a marker in Naples Bay (30mph for Collier County) - Approved 5/0 12. COUNTY ATTORNEY'S REPORT Withdrawn A. TIME CERTAIN: 12:00 Noon. The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K/ A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-941-CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number Page 9 February 13, 2007 05-953-CA consolidated with Case No. 05-1506-CA. B. This item to be heard at 1 :00 p.m. Board direction to the County Attorney relating to litigation in in Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K/ A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA, consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-l506-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Motion to petition the courts to proceed as quickly as possible (Notice of Priority) with a Bench trial- Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Weigel - Request by Congressman Connie Mack to have a Workshop meeting with the board on February 22, 2007 B. Pettit - Letter from John Vega representing the Hussey's Bert Harris Act lawsuit to resolve that claim (Mudd says "no deal" on purchase) C. Mudd - Letter to Representative Reichter regarding his House Bill 389 "truth in millage tax bill" - Motion to send letter requesting that form needed to be revised to include Constitutional Officers - Concensus; D. Mudd - Letter regarding an article in newspaper where Senator Bennett calls Commissioners "aristocrats" and one in particular an "idiot" - Motion to send letter to Governor Crist - Approved 4/1 (Commissioner Henning opposed) E. Commissioner Halas - Affordable housing: received letter announcing lower prices on previous high priced property (decrease in markup) F. Commissioner Coletta - Misquoted in Naples Daily News regarding linkage fee G. Commissioner Henning - Productivity Committee is doing their 2007 work plan, any suggestions? Page 10 February 13, 2007 H. Commissioner Henning - Getting legal consideration on the executive summary should be done by county attorney or a disclaimer made by staff stating their opinion. County attorney and staff to work together with development of executive summary/agenda items - Consensus; I. Commissioner Henning - Met with the Soil and Water District regarding environmental restoration and stormwater storage and they would like to meet with the board; Have them to meet with Golden Gate Civic Association and then schedule workshop in May or June. J. Commissioner Henning - Investigation on affordable housing funds, what is the update? Mudd said KPMG are finishing up that report; Commissioner Coyle had wanted "every last penny accounted for". 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 an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program. Ten acres east of Sanctuary Lane; adjacent to Immokalee Road on the south and Limpkin Road on the north Continued to the February 27, 2007 BCC Meeting 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase lB. The roadway and drainage improvements will be privately maintained. 3) Recommendation to approve an application by Naples Urgent Care, P. L. for participation in the Advanced Broadband Infrastructure Investment Program. Page 11 February 13, 2007 For installation at their newly constructed offices at 8350 Sierra Meadows Blvd., Edison Village, Naples 4) 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 Chatham Woods, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 5) 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 Caldecott Replat. 6) To seek approval from the Board of County Commissioners of the Building Directors issuance of building permits for the replacement of previously existing pool screen enclosures damaged by Hurricane Wilma, with the understanding the respective applicants recognize and agree to filing the required requests for dimensional variances associated with the respective side yard and/or rear yard encroachments. Located at 248 Edgemere and 2207 Royal Lane, Naples 7) Recommendation to approve a budget amendment to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 -Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000. 8) Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 ((Joseph K. Schmitt, Administrator, Community Development and Environmental Services). Companion item to item 16Gl) Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice as Vice-Chair Page 12 February 13, 2007 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase IB. W /release of the Utilities Performance Security B. TRANSPORTATION SERVICES 1) Approve the purchase of 2.52 acres of unimproved property (Parcel No. 216) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening proj ect. Project No. 60044 (Fiscal Impact: $278,910.00) Between Immokalee Road and Camp Keais Road 2) Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road, Bid No. 07-4096, Project No. 60016, in the amount of $420,587.37. To reconstruct the northbound dual right turn lanes at the Pine Ridge Road intersection 3) Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. To enhances flood control and stormwater management 4) Recommendation to award Bid #07-4086 Supply & Install Traffic Signs and Markings to Trutwin Industries, Inc. for the approximate amount of $90,500. For all canal road endings in Golden Gate Estates 5) Recommendation to approve Change Order #5 to add $298,485.00 for continuing Inspection Services for KCCS, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 60006 Grade Separated Overpass Road Project on Golden Gate Parkway and over Airport-Pulling Road. Scheduled for completion in June, 2007 6) Recommendation to approve the use of the rate of$3,850 per 1,000 square feet based on an alternative road impact fee calculation for a proposed American Signature Furniture store to be located at the Page 13 February 13, 2007 Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 As detailed in the Executive Summary C. PUBLIC UTILITIES Moved to Item #10J - To remain on Consent with changes to verb age 1) Recommendation to approve an agreement with FEBCO Inc. a Division of Watts Water Technologies Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. Due to pending certification 2) Recommendation to award Contract #06-4056 Disaster Recovery Services to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County and authorize the Chairman to execute the contract. Due to hurricane Wilma in October, 2005 3) Recommendation to execute an agreement between the Collier County Water-Sewer District, the Florida Governmental Utility Authority, and the Sembler Family Partnership Ltd., allowing the Florida Governmental Utility Authority to provide temporary wastewater service to the proposed Brooks Village commercial development. Located on the southwest corner of Pine Ridge Road and County Road 951 (Collier Blvd) 4) Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the County's public water supply system. As detailed in the Executive Summary 5) Recommendation to authorize sole source purchase and certified installation of replacement parts for the Oxidation Ditched and Clarifiers to Siemens Water Technologies, in the estimated annual Page 14 February 13, 2007 amount of $500,000. With Siemens Water Technology 6) Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non-Residential Recycling Ordinance No. 2004-50 or similar Ordinance. Critical in preserving valuable landfill airspace in Collier County 7) Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $ 425,847.00 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. To protect the public water supply by increasing the amount of reclaimed water used for irrigation D. PUBLIC SERVICES 1) Recommendation to rescind approval of the Interlocal Agreement for Fund Sharing of the Pulling Property Project as approved by the Board of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in an amount not to exceed $700,000. To fund the construction of a public boat ramp facility Moved to Item #101 2) Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. To assist families severely effected by Hurricane Wilma 3) Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting for Eagle Lakes Community Park in the amount of $261 ,543 and approve necessary budget amendments. To provide high quality lighting with minimal disturbance to surrounding communities Page 15 February 13, 2007 4) Withdrawn 5) 6) 7) Recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, reestablishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006-296 and all other Resolutions establishing license and fee policy Resolution 2007-32 Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. To replace an uninhabitable mobile home Recommendation to name the skate park at East Naples Community Park Velocity Skate Park. To support overall marketing strategies for the facility Recommend approval of resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection; repealing Resolution No. 2002-430. Resolution 2007-33 8) Recommendation to approve a budget amendment appropriating $40,000 from Reserves to fund the Remedial Action Plan Assessment in response to the fuel spill at Caxambas Park. Done by Mactec 9) Recommendation that the Board of County Commissioners authorize the use of $144,305 from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. To provide health care services for those on Medicaid, the uninsured and the underinsured population of Collier County 10) Recommendation to Award bid number 07-4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be Page 16 February 13, 2007 used in County Park and Recreation Department aquatic facilities. With Allied Universal Corporation, Commercial Energy Specialists, Inc., Recreonics, Inc. and NUCO(2) 11) Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $200,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a sub-recipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) Detailed in the Executive Summary 12) Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect an overall decrease of $21 ,000 in the Older Americans Act programs. For the contract period January 1st through December 31st, 2006 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2007 calendar year. Resolution 2007-34 2) Recommendation to approve the addition of the classification Director Operations Support PUD to the 2007 Fiscal Year Pay Plan & the removal of the classification Director Utilities Finance Operations from the 2007 Fiscal Year Pay Plan. This is a change in title with no change in compensation 3) Recommendation to approve amendments to the County's current agreement with ICMA-Retirement Corporation (ICMA-RC) that provides a deferred compensation plan to County employees. Providing more flexibility to employees regarding their retirement assets Page 17 February 13, 2007 4) Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage/warehouse space by the Sheriffs Office at a total cost of $29,192.40. Located at 1100 Commercial Boulevard for the period beginning March 1, 2007 and ending February 28, 2008 5) Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse/ office space to be used by the Sheriffs Office at a first years cost of $84,000. For 7,000 square feet located at 4373 Mercantile Avenue 6) Recommendation to approve Boyd Brothers Service, Inc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. To be integrated into existing systems 7) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of December 18, 2006 through January 23, 2007 F. COUNTY MANAGER 1) Approve Budget Amendments Budget Amendments #07-162 and #07-185 2) Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMP A) Trust Fund Project Application to the Florida Department of Community Affairs in the amount of $68,440. For a Radio Tower Trailer System which will support the deployable multi-agency communications and coordination system used for emergency preparedness 3) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $69,850.24. For the purchase of 32 stair-chairs which are used to move patients/victims under difficult circumstances Page 18 February 13, 2007 4) Approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. For the purchase of a sandbagging machine and supplies G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners sitting as the Collier County Redevelopment Agency to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (Companion item to 16A8) Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice to serve as Vice-Chair 2) To approve and execute Site Improvement Grant Agreement between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle Community Redevelopment area. Located at 3095 Linwood Avenue 3) Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. As detailed in the Executive Summary 4) Approve a budget amendment for $91,400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at lmmokalee Regional Airport. Due to an increase in the sale of aviation fuel H. BOARD OF COUNTY COMMISSIONERS Page 19 February 13, 2007 Withdrawn 1) 2) 3) Withdrawn 5) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas' travel budget. Located at 481 State Road 80, behind the LaBelle City Hall Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council VIP Breakfast Meeting on Thursday, February 8, 2007, at the Doubletree Guest Suites, 12200 Tamiami Trail in Naples, Florida. $16.00 to be paid from Commissioner Halas' travel budget. To support local business Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Naples Press Club Annual Special Author Luncheon on Saturday, February 24,2007 at the Cypress Woods Golf and Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. To meet crime novelist Alafair Burke 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the 2007 Women of Style 10th Annual Awards on Thursday, March 1, 2007 at the Naples Grand Resort; $100.00 to be paid from Commissioner Fiala's travel budget. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. Located at 1370 Borghese Lane, Marco Island 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Page 20 February 13, 2007 Physicians Regional Medical Center Good News Gala on Saturday, January 27,2007 at the Physicians Regional Medical Center, Naples; $35.00 to be paid from Commissioner Fiala's travel budget. Located at 8300 Collier Boulevard, Naples 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Marine Corps League Honor the Free Press Luncheon on Wednesday, March 14,2007 at the Hilton Hotel, Naples; $25.00 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North, Naples 8) Commissioner Coletta requests approval for reimbursement for prepaying for a function serving a valid public purpose. Commissioner paid in advance to register to attend the Urban Land Institute (ULI) Southwest Florida District Council Meeting -Winter Institute on February 22,2007 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Held at the Naples Hilton, 5111 Tamiami Trail North, Naples 9) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Everglades City Hall Restoration Celebration as a Keynote Speaker on January 27,2007 and is requesting reimbursement in the amount of$20.00, to be paid from his travel budget. Held at the Seafood Depot Restaurant, Everglades City 10) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend Southwest Florida Transportation Initiative Pre-Session Legislation Event on January 29,2007 and is requesting reimbursement in the amount of$35.00, to be paid from his travel budget. Held at the Colony Bay Club, 3480 Pelican Colony Boulevard, Bonita Springs 11) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Chamber of Page 21 February 13,2007 Commerce Board Meeting on January 25,2007 and is requesting reimbursement in the amount of $3.00, to be paid from his travel budget. At the Naples Hilton, 5111 Tamiami Trail North, Naples 12) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Heritage Bay Affordable Housing Ground Breaking Ceremony and Luncheon on January 19,2007 and is requesting reimbursement in the amount of $16.00, to be paid from his travel budget. Attended as a keynote speaker 13) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Breakfast meeting of the Boy Scouts of America - Alligator (Collier County) District Committee and is requesting reimbursement in the amount of$7.95, to be paid from his travel budget. Held at the Collier Athletic Club 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 January 06,2007 through January 12, 2007 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of January 13, 2007 through January 19, 2007 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of January 20, 2007 through January 26, 2007 and for submission into the official records of the board. Page 22 February 13, 2007 4) To obtain board approval for disbursements for the period of January 27,2007 through February 02,2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consul tan ts ). For assistance with the Affordable Housing Ordinance and the Collier County vs. Brock Case 2) Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled John S. Segro, James W. Antoniou and James A. Antoniou, Jr., a minor v. P&K Pole Products, et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02-2096-CA, for a total amount of$125,000.00. As detailed in the Executive Summary 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-l033-CA (CR 951, Project No. 65061) Fiscal Impact: $56,000.00. 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. Page 23 February 13, 2007 A. Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93-56, as amended, the Animal Control Ordinance; Amending Section One, Definitions; Amending Section Four to Provide a Fee for Micro-Chipping; Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro-Chipping; Amending Section Six, Prohibitions; Adding a New Section Nineteen Entitled Dangerous Dogs; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing for an Effective Date. Ordinance 2007-23 Moved to Item #8D B. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) c. Recommendation to approve Petition A VESMT -2006-AR-l 0036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the County's and the Publics interest in a certain irregular width Utility Easement located in the southeast of the southeast of the northeast in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit A. Resolution 2007-35 D. Recommendation to adopt a Resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as (BCI/BCP SSA 9), approving a credit agreement for BCI/BCP SSA 9, approving an easement agreement for BCI/BCP SSA 9, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. Resolution 2007-36 E. Recommendation that the Board of County Commissioners approve an amendment to Collier County Ordinance No. 03-53, as amended (also known as the Collier County Ethics Ordinance), amending Section Seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of Page 24 February 13, 2007 the name or identity of those employing a lobbyist whenever a lobbyist engages in lobbying activities. Ordinance 2007-24 F. Recommendation to approve the Hispanic Affairs Advisory Board's 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's goals and objectives, and providing an effective date. Ordinance 2007-25 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 25 February 13, 2007