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Recap 04/10/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ti. , ~. ~,~-, ~ AGENDA April 10, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala" District 1; CRAB Chairman (arrived at 1:30 P.M.) Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE 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 EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 April 10, 2007 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 VERBA TIM 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. Captain Alejandro Castillo, The Salvation Army 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 4/0 (w/ the exception to Item #16F3 - Commissioner Halas opposed) (Commissioner Fiala absent) B. January 12,2007 - BCC/Annexation Meeting Approved as presented - 4/0 (Commissioner Fiala absent) C. March 13, 2007 - BCC/Regular Meeting Approved as presented - 4/0 (Commissioner Fiala absent) D. March 19,2007 - BCC/East Naples Fire Control District Workshop Approved as presented - 4/0 (Commissioner Fiala absent) E. March 20,2007 - BCC/School Board Joint Workshop Approved as presented - 4/0 (Commissioner Fiala absent) Page 2 April 1 0, 2007 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5-vear Recipients 1) Ms. Susan Becker - Tourist Development Council Presented 4. PROCLAMATIONS A. Proclamation designating April as Water Conservation Month. The State of Florida, Water Management Districts and Collier County are working together to increase awareness about the importance of water conservation. To be accepted by Mr. Paul Mattausch, Director, Water Administration Department and Mr. Clarence Tears, Director, Big Cypress Basin, South Florida Water Management District. Adopted - 4/0 (Commissioner Fiala absent) B. Proclamation designating April 22, 2007 as EARTH DAY IN COLLIER COUNTY. Collier County wishes to join millions of people across the globe in maximizing awareness and celebration of this day. To be accepted by Mr. Raymond Smith, Director, Pollution Control and Prevention; Mr. Dan Rodriguez, Director, Solid Waste; and Mr. John Yonkosky, Director, Utility Billing and Customer Service. Adopted - 4/0 (Commissioner Fiala absent) C. Proclamation designating April 10, 2007 as Guadalupe Center oflmmokalee Day and to recognize that the lives of the families and residents of Immokalee are forever changed because of the partnership between the Guadalupe Center and the community of Immokalee and residents of Collier County. To be accepted by Mr. Desmond Barrett, Director of Early Childhood Education, Guadalupe Center of Immokalee. Adopted - 4/0 (Commissioner Fiala absent) D. Proclamation to designate April 9-13, 2007 as THE 28TH ANNIVERSARY OF KNOW YOUR COUNTY GOVERNMENT WEEK to recognize that increasing one's knowledge of how various aspects of county government works can enhance an individual's quality oflife in Collier County. To be accepted by two Naples-area high school students: Anthony Esparza from Page 3 April 10, 2007 Naples High School and Stephanie Alvarez from Barron Collier High School. Adopted - 4/0 (Commissioner Fiala absent) E. Proclamation designating the month of April as Child Abuse Prevention Month to bring attention to the community to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. To be accepted by Mr. Ron McSwiney, Executive Director, Youth Haven Inc. Adopted - 4/0 (Commissioner Fiala absent) F. Proclamation designating May 13-19,2007 as Tourism Week in Collier County to recognize the importance of travel and tourism in our community. To be accepted by Mr. Jack Wert, Director, Department of Tourism. Adopted - 4/0 (Commissioner Fiala absent) 5. PRESENTATIONS 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 Y.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the September 12, 2006 BCC meetinl!: and the December 12,2007 BCC meetinl!: and is further requested by the petitioner to be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The subject property is generally located on the west side of Bay shore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) Page 4 April 1 0, 2007 intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida. Motion to continue item to no earlier than December 1, 2007- Approved 4/0 (Commissioner Fiala absent) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2007-AR-11244 (AB) The Philharmonic Center for the Arts, represented by Joseph Crowley, Jr, is requesting a street name change. The application proposes to change to Myra Janco Daniels Boulevard that portion of West Boulevard on the north side of Seagate Drive to its intersection with Pelican Bay Boulevard. The street is located in the southernmost section of Pelican Bay, just north of Seagate Drive and west of the Tamiami Trail North (US Rt. 41), Section 9, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2007-90 Adopted 5/0 Moved from Item #17D C. Request to Approve an Amendment 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 Ordinance 2007-38 Adopted 4/1 (Commissioner Halas opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Immokalee EZDA. Resolution 2007-82 Appointing Richard Heers, Julio Estremera, Ana Salazar, Bob Soter, and waiving term limits for Richard Rice, Ira J. Malamut and Floyd Crews and confirmation of Carol Sykora as the Code Enforcement Officer - Adopted 4/0 (Commissioner Fiala absent) B. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2007-83 Appointing Rosalina M. Martinez and Valaree D. Maxwell- Adopted 4/0 (Commissioner Fiala absent) C. Appointment of member to the Industrial Development Authority. Resolution 2007-84 Appointing Thad D. Kirkpatrick - Adopted 4/0 (Commissioner Fiala absent) Page 5 April 10, 2007 D. Appointment of member to the Educational Facilities Authority. Resolution 2007-85 Appointing Clay W. Cone - Adopted 4/0 (Commissioner Fiala absent) E. Appointment of member to the Tourist Development Council. Resolution 2007-86 Appointing Clark Wakefield Hill- Adopted 4/0 (Commissioner Fiala absent) F. Appointment of member to the Collier County Airport Authority. Motion to re-advertise - Approved 4/0 (Commissioner Fiala absent) G. Recommendation to adopt a Resolution of the Board of County Commissioners to support additional funding for Florida Forever and the creation of a successor program. (Commissioner Coletta) Resolution 2007-87 Adopted - 4/0 with a letter to be sent with the recommendation that State government reduces their spending on non-essential programs (Commissioner Fiala absent) H. This item to be heard at 6:00 p.m. Telephone conference with Collier County's Legislative Delegation in Tallahassee to discuss on-going legislative proposals for Property Tax Reform. (Commissioner Coletta) Discussed 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74- 203(i) of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), in the amount of$lOO,OOO, for Collier Health Services, Incorporated and approve a reimbursement of impact fees, in the amount of $100,000 paid on Building Permit No. 2006091 892.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Resolution 2007-88 w/clarification of impact fee deferrals due to changes of ownership of said property - Adopted w/ changes 4/0 (Commissioner Fiala absent); Motion to bring forth an amendment to the Consolidated Impact Fee Ordinance in regards to businesses - Approved 4/0 (Commissioner Fiala absent) Page 6 April 1 0, 2007 B. To receive Board approval to enter into two agreements with the South Florida Water Management District, Agreement No. 4600000625 and Agreement No. 4600000627, providing funding assistance for construction of Phase lA of the Lely Area Stormwater Improvement Project in the amount of$1,190,000 and $800,000 of funding assistance for construction of the Gateway Triangle Stormwater Improvement Project. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Fiala absent) C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple, Temporary Construction Easements and Perpetual, Non-Exclusive Access, Drainage and Maintenance Easement interests necessary for the construction of Phase 1 B South of the Lely Area Stormwater Improvement Project (LASIP). (Capital Improvement Element No. 291, Project No. 511012). Estimated fiscal impact: $960,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2007-89 Adopted - 4/0 (Commissioner Fiala absent) Moved from Item #16Dl D. Recommend approval of budget amendment moving $25,000 from Fund 183 reserves to establish funding for a Site Selection Study to identify primary and alternate locations for a proposed Keewaydin Island Ferry Shuttle and Park Facility. It is recommended that this contract be performed by Johnson Engineering for time and material costs not to exceed $25,000 Denied 2/3 (Commissioner Halas, Commissioner Coyle, and Commissioner Fiala opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 7 April 10, 2007 A. Summers: Presented the Wildfire Situation Report and updated the Commissioners on the County's drought conditions. B. Mudd: Presented Fred Thomas' letter asking the board to cease zoning code violations regarding zoning until the Immokalee Master Plan and Overlay Maps are adopted by the Board - to be brought back to a future meeting for further discussion C. Mudd: Winchester Head update - to be brought back to a future meeting for further discussion D. Weigel: Annual Cinco de Mayo Festival E. Henning: Consolidation Meeting with the fire districts - discussing the ALS program countywide F. Henning: Meeting procedures that were sent by County Attorney; Motion for staff to draft an amending ordinance regarding county board meeting procedures G. Henning: Beach access for Delenor Wiggins Pass/State Park H. Coyle: Letter from a concerned citizen regarding an on-line company that checks a person's legal status for employment I. Halas: Asked Commissioner Coyle for an advance for travel to Tallahassee with the EDC - Coyle to transfer $1000 from his travel budget to Halas's travel budget J. Halas: District 2 Open House will be presented on Collier TV K. Fiala: District 1 Town Hall Meeting will be on Thursday April 12, 2007 L. Henning: A constituent expressed concern that an employee (County Manager) was bashing a legislator. 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 with changes - 4/0 (With the exception to Item #16F3- Commissioner Halas opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: 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 Page 8 April 1 0, 2007 for the final plat of Cardinal Cove at Fiddlers Creek. The roadway and drainage improvements will be privately maintained Resolution 2007-77 2) Recommendation to approve final acceptance of the water and sewer facilities for Summit Place in Naples, Phase W /Release of the Utilities Performance Security 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: 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 Townhomes Phase One. The roadway and drainage improvements will be privately maintained. Resolution 2007-78 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Glen, Phase lA. W/Release of the Utilities Performance Security 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Glen, Phase lB. W!Release ofthe Utilities Performance Security 6) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of "Manchester Square Unit 1" W /stipulations 7) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item. all participants are required to be sworn in. Recommendation to approve for recording the final plat of Lipari-Ponziane Tract GC-5 Replat. W /stipulations 8) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Kite Page 9 April 1 0, 2007 Kings Lake, LLC and Cricket Lake Apartment, LLC. Acknowledging compliance and recovery of fines/fees B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve two (2) Adopt-A-Road Program Agreements with four (4) recognition signs at a total cost of$300.00 Recognizing The Black Bear Road Group and Gabe the Granite Guy 2) Recommendation to award bid #07-4119 Livingston Road Phase 1,2, 3, and 5 Grounds Maintenance to Commercial Land Maintenance at a base amount of$359,596.10. (Project # 600714, 620715, and 650414) Located at Radio Road to Vanderbilt Beach Road and Immokalee Road to the Collier/Lee County line 3) Recommendation to authorize the Chairman of the Board of County Commissioners or his designee to execute the attached Shirley Conroy Rural Area Capital Equipment Support Grant and the applicable documents, and to accept the grant if awarded. Resolution 2007-79 4) Recommendation to approve a budget amendment in the amount of $6,697 from Livingston Road (Radio Road to Pine Ridge Road), project #600714 to recognize unanticipated revenue for FY 2007. Funds to replace materials damaged and/or removed during the construction of the new driveway for the Marquesa Plaza 5) Recommendation that the Board approve a funding change and budget amendment to move the Goodlette Frank Road Landscape Project from Gas Tax Fund (313) in the amount of$896,896 that was approved by the BCC on January 23, 2007 to be funded from the General Fund (001). 6) Recommendation to endorse a project approach for replacement of failing stormwater pipes of the Egret and Mockingbird Lake pipe system in the Pine Ridge Subdivision (Project 510252) including acceptance of two (2) donated drainage easements and reimbursement Page 10 April 1 0, 2007 to Thomas and Sandra Moran for construction and material cost associated with one pipe installation estimated to be $52,800. C. PUBLIC UTILITIES 1) Recommendation to award Work Order BE-FT-3785-07-02 with Boyle Engineering Corporation, for professional services for the West Winds Potable Water System Rehabilitation in the amount of $298,960 - Project Number 710102. Home to over 700 customers 2) Award Bid #07-4087 to Creel Tractor of Fort Myers for the purchase of two (2) Skid Steer Loaders in the amount of$73,540. Used to pick up material collected in large quantities 3) Recommendation to award Work Order # MS-FT-3535-07-01 under the Annual Contract for Underground Utility Contracting Services # 04-3535 to Mitchell & Stark Construction Co., Inc., in the amount of $429,900 for the replacement of a Caustic Tank and the addition of a Bleach Tank at the North County Regional Water Treatment Plant (NCRWTP), and to authorize a budget amendment in the amount of $104,895, Project Number 700953. Used in the odor control process and for corrosion control D. PUBLIC SERVICES Moved to Item #10D 1) Recommend approval of budget amendment moving $25,000 from Fund 183 reserves to establish funding for a Site Selection Study to identify primary and altemate locations for a proposed Keewaydin Island Ferry Shuttle and Park Facility. It is recommended that this contract be performed by Johnson Engineering for time and material costs not to exceed $25,000 2) Recommendation to approve the grant award from National Fish and Wildlife Foundation in the amount of $132, 196 for the Collier County Sea Turtle Disorientation Prevention Plan and proceed with development of an Inter-local Agreement with the City of Naples and approve any necessary budget amendments. Page 11 April 1 0, 2007 By replacing current lighting and by planting light screening vegetation at beach access points 3) Recommendation to approve the Summer Food Service Program Grant in the Amount of $761 ,000 for FY 2007 Providing free meals to children in qualifying neighborhoods E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of February 21, 2007 through March 9, 2007 2) Recommendation to approve the award of Contract No. 07 - 4103 County Mail Center Operations and Delivery Services to Mailbarcoding Investments of Southwest Florida, LLC d/b/a Mailbarcoding Services of SWFL estimated at $81,000 annually. Used by the county for meter mail and presorted mail products F. COUNTY MANAGER 1) Recommendation to approve a FY 06 Assistance to Firefighters grant agreement from the U. S. Department of Homeland Security Office for Domestic Preparedness for replacement of obsolete old self- contained breathing apparatus, approve the purchase of airpacks and related equipment for a total cost of$68,180.66, and approve the necessary budget amendments. For the Isles of Capri Fire and Rescue 2) Recommendation to approve a Modification to the Fiscal Year 2007 Emergency Management Preparedness and Assistance Grant accepting $42,031 and approve a Budget Amendment to recognize and appropriate the revenue. 3) Recommend approval of a resolution supporting passage of Florida Senate Joint Resolution 436 to prohibit offshore oil drilling within 250 miles of the Florida coastline. Resolution 2007-80 Page 12 April 10, 2007 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. Owned by Jeffery and Darlene Lowe, located at 1701 Bay Street H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the Medicare Health Support Open House at North Collier Regional Park, 15000 Livingston Road, on March 30, 2007. $3.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Mickey Biondo Speaker Series Luncheon at The Club Pelican Bay on April 20, 2007. $16.00 to be paid from Commissioner Halas' travel budget. 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Philharmonic 25th Anniversary Gala Dinner at the Ritz Carlton in Naples, Florida on March 31, 2007. $243.00 to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Annual Isles of Capri Picnic on Saturday, March 24, 2007; $15.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Key Private Bank Reception featuring Colin Powell on March 23, 2007, at the Alico Arena; $25.00 to be paid from Commissioner Fiala's travel budget. Page 13 April 10, 2007 6) Withdrawn 7) 8) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Kiwanis Club Blue Grass Festival on March 24, 2007; $10.00 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. Will attend the Edison & Ford Estate "An Incandescent Evening" on April 19,2007; $5.00 funds to be paid from Commissioners travel budget. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Physicians Regional "The Flight to Fashion" Style Show Fundraiser on March 31,2007 at the MI Marriott Hotel; $35.00 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Marriott Rededication event on April 17 , 2007; $40.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain board approval for disbursements for the period of March 17,2007 through March 23, 2007 and for the submission into the official records of the board. 2) To obtain board approval for disbursements for the period of March 24, 2007 through March 30, 2007 and for submission into the official records of the board. 3) Request that the Board of County Commissioners authorize staff to amend Collier County Ordinance No. 78-56 and Collier County Ordinance No. 87-16, as amended, to amend the Ordinances definition of "Alcoholic beverages," and to specify that witness testimony is Page 14 April 1 0, 2007 valid to prove alcoholic beverage violations. K. COUNTY ATTORNEY 1) Recommendation to authorize the making of an Offer of Judgment to Respondent, Ali R. Ghahramani MD Investment Limited Partnership, for Parcels 815 and 915 in the amount of$2l,287.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, et al., Case No. 05-109l-CA (South County Regional Water Treatment Well field Project #70892). (Fiscal Impact: $15,537.00). A utility easement for a water line located on the east side of 951, south of Lord's Way 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 708 and 808 in the lawsuit styled CC v. Napoli Luxury Condominiums P.O.A., Inc., et al., Case No. 06-l299-CA(County Barn Road Project No. 60101) Fiscal Impact $64,465). 3) Recommendation to ratify authorization for the County Attorney to file a lawsuit, on behalf of the BCC, against the Estate of Omar Fernandez, deceased, & Patricia Gomez, individually & as Personal Representative, to recover $7,465 in EMS transport fees. 4) Recommendation to approve the Stipulated Final Judgment for Parcel 840 in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al., Case No. 03-2373-CA (Golden Gate Parkway Project No. 60027) (Fiscal Impact $4,330) 5) Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Mitchell Fairchild vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-270-CA, for $10,500. 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 Page 15 April 1 0, 2007 OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT -2006-AR-l 0504, Palazzo Village, disclaiming, renouncing and vacating the Countys and the Publics interest in a portion of a fifteen foot wide drainage easement recorded in Official Records Book 1498, page 1042 ofthe Public Records of Collier County, Florida, and more specifically described in Exhibit A. Resolution 2007-81 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6921, Dwight Nadeau Of RWA, INC., representing Habitat for Humanity of Collier County, Inc., requesting a rezone from Residential Single-Family District (RSF-4) to Residential Planned Unit Development (RPUD) to be known as Faith Landing RPUD subject to the approval of an Affordable Housing Density Bonus Agreement for property located approximately 1/8 mile north of Lake Trafford Road, approximately 1/4 mile south ofWestclox Street extension, in Section 32, Township 46 South, Range 29 East, Collier County, Florida. Ordinance 2007-35 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-97 1 6: 3301 Westview Drive LLC and 3375 Westview Drive LLC, represented by D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., requesting approval of a rezone from the Industrial (1) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Liebig CPUD. The subject property, consisting of 4.3+ acres, is located on the northeast corner of Airport Road (C.R. 31) and Westview Drive, in Section 1, Township 50 South, Range 25 East, Collier County Florida. Ordinance 2007-36 Page 16 April 1 0, 2007 Moved to Item #8C D. Request to Approve an Amendment 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 Staffto Prepare a Waterway Permit Application E. Request that the Board of County Commissioners enact the attached Ordinance, recommended by Sheriff Hunter, to establish policy regarding physical separation at emergency shelters between potential sex crime victims and sexual predators and sexual offenders; providing for conflict and severability, inclusion into the Code of Laws and Ordinances, and the effective date. Ordinance 2007-37 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 17 April 1 0, 2007