Recap 03/13/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
March 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. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANA TION 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,
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March 13, 2007
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dr. Craig Nelson, East Naples United Methodist 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. February 8, 2007 - District 5 Town Hall Meeting
Approved as presented - 5/0
C. February 13,2007 - BCC/Regular Meeting
Approved as presented - 5/0
D. February 22, 2007 - BCC/Congressman Mack Roundtable Discussion
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1) Presentation of the Advisory Committee Outstanding Member
Award to William H. Poteet, Jr., Chairman, Conservation
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March 13,2007
Collier Land Acquisition Advisory Committee.
Presented
4. PROCLAMATIONS
A.
Added
B.
Proclamation designating Florida Surveyors Week as March 13 through
March 19,2007. Florida Surveyors Week recognizes the many contributions
and the continual dedication of surveyors to the citizens of Florida and the
United States. To be accepted by Mr. David J. Hyatt, PSM, State Board of
Directors, Florida Surveying and Mapping Society, District 5.
Adopted - 5/0
Proclamation to recognize Collier County;s Habitat for Humanity and their
milstone achievement of building 1,000 homes in Collier County. To be
accepted by Sam Durso, President and CEO, Habitat for Humanity of Collier
County, and Mrs. Mary Ann Durso, Executive Director, Habitat for
Humanity of Collier County. (Commissioner Coletta's request)
Adopted - 5/0
5. PRESENTATIONS
A. Project 66045 - lmmokalee Rd. Design/Build Contractor Presentation.
Presented - Eddie Martin with Transportation recognized by the BCC
6. PUBLIC PETITIONS
Continued to March 27, 2007 BCC Meeting
A. Public Petition request by Connie Stegall-Fullmer to discuss County
Development Standards and Zoning Variance Procedures.
B. Public Petition request by Ronald Bender to discuss side yard set back
vanance.
Staff to bring back to future agenda w/recommendations for staff to
work with Mr. Bender
C. Public Petition request by Ovidio Pozo to discuss fence to be built behind
home.
Bank of America was supposed to build the wall; Staff to meet with
Commission within 1 months time
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March 13, 2007
Moved from Item #9J
D. Presentation by Dr. Lenoard Ferenz, head of Ethics Department Intemation
College and Vice President of the Character Council of Collier County,
regarding the Council's achievements over the past year and future goals of
Collier County (Commissioner's Coyle's request)
Presented
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 was continued from the January 23. 2007 BCC meetine. This
item reQuires that all participants be sworn in and ex parte disclosure
be provided by Commission members. DOA-2005-AR-8543: Airport
Road Limited Partnership, represented by Karen Bishop, ofPMS, Inc., and
Richard Y ovanovich, of Goodlette, Coleman and Johnson, requesting an
amendment to the Pine Air Lakes Development of Regional Impact (DRI)
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 11,
Township 49 South, Range 25 East, Collier County, Florida (Companion to
Petition PUDZ-A-AR-8550).
Resolution 2007-63 /Development Order Number 2007-1
Adopted w/stipulations - 4/1 (Commissioner Halas opposed)
B. This item was continued from the January 23. 2007 BCC meetine. 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 of957,000 square footage (further limited to
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March 13, 2007
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 (CR 31), parallel to
and approximately 1,600 feet north of Pine Ridge Road (CR 896); and along
both sides of Naples Boulevard, in Section 11, Township 49 South, Range
25 East, Collier County, Florida. (Companion to Petition DRIDOA-2005-
AR-8543).
Ordinance 2007-32 Adopted w/stipulations - 4/1 (Commissioner Halas
opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Haldeman Creek Maintenance Dredging
Advisory Committee.
Resolution 2007-56: Appointing Victoria Tracy, Larry Joe Patton, Roy
A. Wilson, Karen L. Beatty and Tom Briscoe - Adopted 5/0
B. Appointment of member to the County Government Productivity
Committee.
Resolution 2007-57: Appointing Georgia Hiller - Adopted 5/0
C. Appointment of member to the Golden Gate Beautification Advisory
Committee.
Resolution 2007-58: Appointing Michael V. McElroy - Adopted 5/0
D. Appointment of members to the Collier County Airport Authority.
Resolution 2007-59: Appointing Michael Klein and David Gardner-
Adopted 5/0
E. Appointment of member to the Environmental Advisory Council.
Resolution 2007-60: Appointing Richard Miller - Adopted 5/0
F. Appointment of members to the Health Planning Council of Southwest
Florida, Inc.
Resolution 2007-61: Appointing Marcy Krumbine and William Crone -
Adopted 5/0
G. A Resolution of the Board of County Commissioners to urge our Federal
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March 13, 2007
Government to take immediate action to overhaul our immigration laws and
to protect our borders. (Commissioner Coyle)
Resolution 2007-62 Adopted w/changes - 5/0
H. A Resolution of the Board of County Commissioners of Collier County,
Florida to urge the 2007 Florida Legislature to renew their commitment to
traffic safety and do all they can to stop red light running. (BCC directive)
Resolution 2007-64 Adopted - 5/0
I. This item to be heard immediately followine companion item 10E. A
resolution of the Board of County Commissioners to request that the Clerk
perform an audit of all funding in the Affordable Housing Program.
(Companion Item to be heard with KPMG audit report and management
responses related to the October 18, 2006 engagement letter between Collier
County and KPMG.) This item to be heard immediately after Item lOB.
(Commissioner Henning)
Denied 2/3 - (Commissioner Halas, Commissioner Coyle and
Commissioner Coletta opposed)
Added (not at Commissioner Coyle's request)- Moved to Item #6D: Approved - 3/2
(Commissioner Halas and Commissioner Coletta opposed)
J. Presentation by Dr. Lenoard Ferenz, head of Ethics Department International
College and Vice President of the Character Council of Collier County,
regarding the Council's achievements over the past year and future goals of
Collier County (Commissioner's Coyle's request)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2007 in
accordance with Ordinance No. 2001-55. (Mike Sheffield, Assistant to the
County Manager)
Reports From:
· Board of Adjustment and Appeals
· County Government Productivity Committee
. Development Services Advisory Council
· Emergency Medical Services Advisory Board
. Environmental Advisory Council
· Golden Gate Community Center Advisory Committee
Presented and discussed; Motion to accept reports - Approved 5/0
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March 13, 2007
B. This item to be heard at 3:00 p.m. To seek Board approval of a Fiscal Year
2007 Budget Amendment in the amount of $625,000, increasing the loan
amount from Collier County to the Southwest Florida Expressway Authority
from $150,000 to $775,000. (Don Scott, Director, Transportation Planning
and Bill Barton)
Motion to continue until March 27, 2007 BCC Meeting - Approved 3/1
(Commissioner Coyle opposed and Commissioner Henning absent)
C. Recommendation to adopt a superseding resolution authorizing the
condemnation of fee simple interests and/or those perpetual or temporary
easement interests necessary for the construction of roadway, drainage and
utility improvements required for the six-lane expansion of Collier
Boulevard from U.S. 41 to Davis Boulevard. (Capital Improvement Element
No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000. (Gene
Calvert, Director, Transportation/Stormwater Management)
Resolution 2007-65 Adopted - 5/0
D. This item to be heard at 3:30 p.m. Recommendation to endorse the design
and construction schedule of the Lely Area Stormwater Improvement Project
(LASIP) Phase lA; Project No. 511011. (Norman Feder, Administrator,
Transportation Services)
Approved - 4/1 (Commissioner Fiala opposed)
E. This item to be heard at 10:30 a.m. Recommendation that the BCC accept
the KPMG audit report and management responses related to the October
18, 2006 engagement letter between Collier County and KPMG.
Motion to accept w/stipulations - Approved 3/1 (Commissioner Henning
opposed and Commissioner Fiala absent)
F. Presentation to the Board of County Commissioners (BCC) by Mr. Greg
Bello, a member of the Goodland Preservation Coalition (GPC), pertaining
to the Coalitions recommended amendments to the Goodland Zoning
Overlay (GZO) along with other associated community data. (Joseph K.
Schmitt, Administrator, Community Development and Environmental
Services Division)
Motion to continue - Approved 5/0
G. Recommendation to approve the Southwest Florida Consortium 2007
Legislative Priorities which will be presented by participating
Commissioners in the six-county Consortium to their respective Legislative
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March 13,2007
Delegation in meetings in Tallahassee on March 22, 2007. (Debbie Wight,
Assistant to the County Manager)
Approved w/stipulations - 5/0; County Manager to draft a letter to
legislatures requesting a future meeting with BCC
Moved from Item #16B3
H. Recommendation to approve Change Order No.2 to Professional Service
Agreement No. 03-3553 in the amount of$995,500.00 with CH2MHILL,
Inc., for the design of Collier Boulevard Road Improvements from Davis
Boulevard to Golden Gate Main Canal, combining this project with FDOT
Davis Boulevard Improvements and Post Design Services, Project No.
60001.
Approved - 5/0 (determining that this is an emergency situation)
Moved from Item #16Cl
I. Recommendation to approve a Resolution authorizing the submission of a
State Revolving Fund low interest Construction Loan Application and
authorizing the Loan Agreement with the Florida Department of
Environmental Protection for Collier County's South County Regional
Water Treatment Plant (SCRWTP) 12 Million Gallons per Day (MGD)
Reverse Osmosis (RO) Expansion, (Project No. 700971, 710221)
Resolution 2007-66/CWS Resolution 2007-01: Adopted w/changes - 5/0
Moved from Item #16C2
J. Recommendation to approve a Resolution authorizing the submission of a
State Revolving Fund low interest Construction Loan Application and
authorizing the Loan Agreement with the Florida Department of
Environmental Protection for Collier Countys South County Regional Water
Treatment Plant (SCRWTP) 20 Million Gallons Per Day (MGD) Wellfield
Expansion (Project No. 708921)
Resolution 2007-67/CWS Resolution 2007-02: Adopted w/changes - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners instruct staff to
present a proposed Ordinance for the Boards consideration at a future date
consolidating Ordinance No. 2005-55 (Collier County Code Enforcement
Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997-35
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March 13, 2007
(Collier County Code Enforcement Citation Ordinance), and Ordinance
2004-46 (Collier County Code Enforcement Special Master Ordinance), in
order to simplify the Code Enforcement process, and establishing
affirmative defenses to certain alleged code violations.
Approved - 5/0; Direct staff to bring back w/advertised Ordinance
B. Board Consideration of Amendment Provisions to Collier County Ordinance
No. 79-8, as Amended, the Collier County Vessel Control Ordinance; by
Amending Section Five, Speed Limit in Certain Areas, to Establish the
Speed Zones in Naples Bay and to Direct Staff to Prepare a Waterway
Permit Application.
Motion to direct Staff to advertise Ordinance and bring back
w/application from FWC - Approved 4/1 (Commissioner Halas
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Henning regarding report from Air Conditioning
Industry on safety caps: Direct County Manager/County Attorney's
Office to bring back a Resolution - Consensus
B. Commissioner Coyle's discussion on newspapers being thrown on
public property - direct staff to return with proposal for solutions
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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.
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Approved and/or adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
As detailed in the Executive Summary
Page 9
March 13, 2007
2) Recommendation that the Board of County Commissioners determine
compliance with the requirement for open space/natural habitat
preserve area as it relates to Ordinance No. 97-36, the Cypress Wood
Golf and Country Club Planned Unit Development Ordinance.
Resolution 2007-52 W/Stipulations
3) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine 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 Fiddlers Creek Phase 2A, Unit Two. The roadway
and drainage improvements will be privately maintained.
Resolution 2007-53 W/Stipulations
4) Recommendation to approve Commercial Excavation Permit No.
59.835 "Livingston Lakes Commercial Excavation, located in Section
30, Township 48 South, Range 26 East to allow for the removal of an
additional 30,000 cubic yards of excavated material from the site.
As detailed in the Executive Summary
5) Recommendation to approve the termination of the Cable Franchise
Agreement between Strategic Technologies, Inc., and Collier County.
As detailed in the Executive Summary
B. TRANSPORTATION SERVICES
1) Recommendation to award Bid No. 07-4094 - Lely Stormwater
Improvement Project Mitigation Area: Invasive Vegetation Removal
to All Florida Tree and Landscaping, in an amount not to exceed
$668,764.
North of Naples Lakes County Club and west of Collier Blvd
Continued to March 27, BCC Meeting
2) Recommendation to approve the purchase of improved property
(Parcel No. 130) which is required for the construction of the
Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal
Impact: $563,500)
Between Collier Boulevard and Wilson Boulevard
Moved to Item #10H
Page 10
March 13,2007
3) Recommendation to approve Change Order No.2 to Professional
Service Agreement No. 03-3553 in the amount of$995,500.00 with
CH2MHILL, Inc., for the design of Collier Boulevard Road
Improvements from Davis Boulevard to Golden Gate Main Canal,
combining this project with FDOT Davis Boulevard Improvements
and Post Design Services, Project No. 60001.
C. PUBLIC UTILITIES
Moved to Item #101
1) Recommendation to approve a Resolution authorizing the submission
of a State Revolving Fund low interest Construction Loan Application
and authorizing the Loan Agreement with the Florida Department of
Environmental Protection for Collier County's South County
Regional Water Treatment Plant (SCR WTP) 12 Million Gallons per
Day (MGD) Reverse Osmosis (RO) Expansion, (Project No. 700971,
710221 )
Moved to Item #10J
2) Recommendation to approve a Resolution authorizing the submission
of a State Revolving Fund low interest Construction Loan Application
and authorizing the Loan Agreement with the Florida Department of
Environmental Protection for Collier Countys South County Regional
Water Treatment Plant (SCRWTP) 20 Million Gallons Per Day
(MGD) Well field Expansion (Project No. 708921)
3) Recommendation to authorize a budget amendment in the amount of
$459,250 and award Bid No. 06-3946R to D. N. Higgins, Inc. for the
North County Regional Water Treatment Plant (NCRWTP) Water
Chemistry Laboratory Ventilation Improvements in the amount of
$683,000 (Project 700952)
4) Recommendation to accept the South Florida Water Management
District Big Cypress Basin Local Government Agreement No.
4600000654 in the amount of $900,000 as partial funding for the
construction of the South County Regional Water Treatment Plant 20-
MGD Wellfield Expansion, Project 70892, and approve the necessary
budget amendment.
D. PUBLIC SERVICES
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March 13, 2007
1) Recommendation to rescind previous award to Weller Pools and
award the installation of a 32" diameter Aquatube Slide at North
Collier Regional Park to Varian Construction at a cost of $76,059.
2) Recommendation to adopt a Resolution to declare a public purpose
and for the solicitation, receipt, and subsequent distribution of
property donations to Collier County Domestic Animal Services.
Resolution 2007-54
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve submittal of an award application for the
General Knowledge Database Emergency Phone Bank Response
System to the Mitretek Innovations Award in Homeland Security
Program.
2) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
From January 24, 2007 through February 20, 2007
F. COUNTY MANAGER
1) Recommendation to approve the submittal ofa Volunteer Fire
Assistance grant application to the Florida Division of Forestry for the
purchase of wild land fire fighting equipment and approve the
necessary budget amendments to recognize and appropriate revenue.
Isle of Capri Fire Rescue District
2) Recommendation to approve the submittal of a Volunteer Fire
Assistance Matching (50/50) Grant offered by the Florida Division of
Forestry, and approve the necessary budget amendments to recognize
and appropriate revenue in the amount of $3350.50
Ochopee Fire Control District
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2006-07 Adopted Budget.
BAR Resolution 2007-01
4) Recommendation that the Board of County Commissioners award Bid
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March 13, 2007
#07-4114 in the amount of$176,425.00 for Pelican Bay Streetscape
Irrigation System Phase VI to Stahlman-England Irrigation, Inc.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Collier County CRA Board to approve a
CRA Resolution amending the Bayshore Gateway Triangle Site
Improvement Grant Program to allow for new Shoreline Stabilization
Improvement Grant and Sweat Equity Grant Programs for Fiscal
Years 2008 and 2009; approve the Grant Application process; approve
the form of the Grant Agreement letters; and declare the grants as
serving a valid public purpose.
(CRA) Resolution 2007-55
2) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill proj ect;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $90,000 plus cost and expenses to complete
the sale of subj ect properties; and approve any and all necessary
budget amendments. Site address: Folio # 52700840000
Van Buren Ave - Kelly Plaza Lot 23
H. BOARD OF COUNTY COMMISSIONERS
1)
Commissioner Henning requests reimbursement for attending a
function serving a valid public purpose; Commissioner Henning
attended and spoke at the Marine Industry Member Meeting on
February 20,2007. $25.00 to be paid from Commissioner Henning's
travel fund.
Withdrawn
2)
Commissioner Halas requests approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Third Annual Honor the Free Press Day on Wednesday, March 14,
2007, at The Hilton Naples; $25.00 to be paid from Commissioner
Halas' travel budget.
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March 13, 2007
3) Commissioner Henning requests Board approval for reimbursement
payment for attending a function serving a valid public purpose.
Commissioner attended the Veteran Services Department luncheon
honoring volunteer drivers on March 7, 2007 at the Elks Lodge on
Radio Road. $16.00 to be paid from Commissioner Henning's travel
fund.
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Breakfast Roundtable Discussion at
Moorings Park on March 5, 2007 and is requesting reimbursement in
the amount of$10.97, to be paid from his travel budget.
5) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid for beverage at the 3rd Annual Marjory Stoneman Douglas
Festival on February 20,2007 which he spoke at and is requesting
reimbursement in the amount of $5.00, to be paid from his travel
budget.
6) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend and speak at the Right Angle Club at Quail
Creek Luncheon on March 9, 2007 and is requesting reimbursement
in the amount of $11.00, to be paid from his travel budget.
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Treviso Bay "Next Best Thing" celebration on March 2,2007, at
Treviso Bay; $10.00 to be paid from Commissioner Fiala's travel
budget.
8) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Marco Island Alumni Club Monthly Luncheon on Wednesday,
February 28, 2007 at the Old Marco Inn; $22.00 to be paid from
Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
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March 13, 2007
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of February
17,2007 through February 23,2007 and for submission into the
official records of the board.
2) To obtain board approval for disbursements for the period of February
24, 2007 through March 02, 2007 and for submission into the official
records of the board.
3) The Finance and Accounting Department requires authorization from
the Board of County Commissioners to file an amended Internal
Revenue Service 8038-G form for Commercial Paper Loan A-25-1.
4) The Finance and Accounting Department requires authorization from
the Board of County Commissioners to file a Notice of Material
Events pursuant to SEC Rule 15c2-12.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners Approve
an Agreed Order for Expert Fees in Connection with 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: $2,500.00.
2) Recommendation to approve the Offer of Judgment in the amount of
$37,950 as to Parcel 134 in the lawsuit styled Collier County v.
TreeSource, Inc., et aI., Case No. 02-5 1 67-CA (Immokalee Road
Project No. 60018). (Fiscal Impact $5,857.50)
3) Recommendation to approve an Offer of Judgment in the amount of
$8,500.00 as to Parcel 803 in the lawsuit styled Collier County v.
James M. Brown, et aI., Case No. 06-0525-CA (Santa Barbara Blvd.
Project No. 62081). (Fiscal Impact if accepted: $3,066.91)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
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March 13, 2007
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 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-2005-AR-7801,
12TH Street North disclaiming, renouncing and vacating the County's and
the Publics interest in a 60 foot wide right of way easement, known as 12th
Street North (previously known by record plat as Second Avenue) as
recorded in Plat Book 3, Page 12, of the Public Records of Collier County,
Florida, and more specifically described in Exhibit A and to accept a
drainage easement over the entire vacated area comprised of three separate
and segmented drainage easements, as depicted and described in Exhibit B,
Exhibit C and Exhibit D and a 20 foot wide access easement along the west
20 feet of the east 30 feet of the proposed vacation area, as depicted and
described in Exhibit E.
B. This is the second hearine for this item as reQuired by Subsection
10.03.05 EA. of the LDC which reQuires two public hearines by the
BCC for rezone applications submitted by the County. The first of the
two reQuired public hearines for this rezonine petition was held on
February 27. 2007. This item reQuires that all participants be sworn in
and ex parte disclosure be provided by Commission members. RZ-2005-
AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A.
requesting a rezone from the Conservation Zoning District with an Area of
Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST)
and the Village Residential Zoning District with an Area of Critical State
Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District
to the Village Residential Zoning District with an Area Of Critical State
Concern and a Special Treatment Overlay (VR-ACSC/ST-4) Zoning District
for Property Located in Sections 12 and 13, Township 52 South, Range 29
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March 13, 2007
East, Collier County, Florida. (Copeland)
Ordinance 2007-31
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 17
March 13, 2007