Loading...
Recap 04/24/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA April 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice-Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman 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 24, 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 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of 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 - 4/1 (Commissioner Henning opposed) B. March 27, 2007 - BCC/Regular Meeting Approved as presented - 5/0 Added C. March 28, 2007 - BCC/ District 2 Townhall Meeting Approved as presented - 5/0 3. SERVICE AWARDS A. 20 YEAR ATTENDEES 1) Mama Kraus - Parks & Recreation Environmental Specialist Presented Page 2 April 24, 2007 2) Robert Thurston - CDES Presented 3) Cheryl Soter - CDES Presented 4) Joseph Collins - Utilities Billing Presented 5) Steven Ritter - Transportation Engineering Presented 6) Ramiro Ponce - Transportation Maintenance Road & Bridge Presented 7) Richard Noonan - Building Review & Permitting Not present 8) Barbara Pitts - Library - Immokalee Branch Not present B. 25 YEAR ATTENDEES 1) Marilyn Matthes - Library Administration Presented C. 30 YEAR ATTENDEES 1) Gail Wilver - Parks & Recreation Administration Presented 2) Pablo Salinas - Parks and Recreation - Immokalee Aquatic Not present D. 35 YEAR ATTENDEES 1) Cecilia Martin - CDES Presented 4. PROCLAMATIONS Page 3 April 24, 2007 A. Proclamation to recognize May 6,2007 through May 12,2007 as Drinking Water Week. Water is one of our most basic and vital needs and our health, safety, comfort and standard ofliving depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director, Water Administration; Ms. Pamela Libby, Operations Manager, Water Administration; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor, Water Lab Adopted - 5/0 B. Proclamation to recognize Mr. Michael Malloy for his volunteer work as Master Gardener. Mr. Malloy has donated his time and efforts to the Master Gardener program, sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitats. To be accepted by Mr. Michael Malloy Adopted - 5/0 C. Proclamation to designate the month of April 2007, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq and Mr. James French from the Community Development and Environmental Services Division Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007 Presented B. Contractor's presentation regarding the C.R. 951 Water Main project by Akerman Construction Company, Inc Presented C. Distinguished Budget Presentation Award for the current fiscal year (20th) from the Government Finance Officers Association (GFOA) presented to the Page 4 April 24, 2007 Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget Presented D. Presentation by Dr. George Yilmaz, recognizing Jon Pratt, NWRF Manager, as the recipient of the Water Environment Federation's William D. Hatfield A ward Presented 6. PUBLIC PETITIONS A. Public petition request by Tom Killen to discuss Radio Square PUD and outstanding commitments Presented - Petitioner would like the PUD amended B. Public petition request by John Shepard to discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way To be brought back to the May 22, 2007 BCC Meeting @4:30 p.m. time certain C. Public petition request by Richard Viscusi to discuss tree removal along boundary ofWal-Mart and Sunrise Condominium Complex Presented - Petitioner to speak with his HOA regarding hedge height Withdrawn D. Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements 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 Continued to the May 8, 2007 BCC Meeting A. Sheriffs Office and County Staff recommend that this item be continued to the Mav 8, 2007 BCC Meetinl!: to finalize staff coordination. Board Consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations Page 5 April 24, 2007 such as parks, schools, daycare centers and playground within the County and prohibiting property owners from renting and/or leasing all or portions of real property to them within the proscribed limits Moved from Item #17F B. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Down-payment Initiative (ADm) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Sub-recipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD) Resolution 2007-101: Adopted w/changes - 4/1 (Commissioner Fiala opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council Resolution 2007-102: Appointing Llewellyn Williams and David Bishof; Re-appointing of Mike Sorrell and William Hughes - Adopted 5/0 B. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board Resolution 2007-103: Appointing Maurice Gutierrez and Jill Barry; Re- appointing Lindsey Thomas, Ronald Fowle (w/waiver of 2 term limit) and Steven Main - Adopted 5/0 C. Recommendation to declare a vacancy on the Affordable Housing Commission Resolution 2007-104: Declaring the Vacancy - Adopted 5/0 10. COUNTY MANAGERS REPORT A. This item to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft Construction Company, Inc. for the building construction portion ofthe Emergency Services Complex, Project 52160 Page 6 April 24, 2007 Res91Hti982007 100 .A.d9pted wie98diti98s 5/0: Resolution not adopted for Commercial Paper - To return w/request at a future date if needed; Motion to approve initial phase of contract as designed and to send item to the Productivity Committee to work on costs and value engineering for the finishing details for the total project - Approved 5/0 B. Recommendation to approve the intent of the Collier County Water-Sewer District to implement Water Restriction measures, per the South Water Management District (SFWMD) Water Shortage Plan. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 C. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion for this item to be brought back for possible inclusion in the Collier County Land Development Code - Approved 5/0 D. This item to be heard at 3:00 p.m. Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Resolution 2007-105 Adopted 5/0 (To set up Ad-Hoc Committee) E. Presentation of a proposed Collier County Pre-purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners to consider and provide direction on whether or not to make available this Pre- Page 7 April 24, 2007 purchase Inspection Service to prospective real estate buyers in Collier County. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion was made to take no action on this item - Approved 5/0 F. This item is to be heard at 4:30 p.m. A report on solid waste collection options for white goods, tires, batteries and electronics in specific areas of the County. (Jim DeLony, Administrator, Public Utilities) Staff direction to continue current program - Approved 5/0 G. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to l4B to be heard after l4B is discussed by the CRA)(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Withdrawn due to the denial of Item #14B H. Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Direct staff to return with a fee schedule to continue providing service - Approved 5/0; May need to create a better policy if problems arise w/contracts and agreements so that the BCC is informed I. This item to be heard at 2:00 p.m. Report of the findings on Utility Issues related to Transportation Projects Motion for the County Manager to accept the Productivity Committee's recommendations and implementation and to bring back at a future BCC Meeting - Approved 5/0 J. Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for ajoint workshop scheduled for May 1,2007. (Debbie Wight, Assistant to the County Manager) Page 8 April 24, 2007 Topics to include: Future annexation, Florida Legislature and property taxes, cooperative efforts referencing Naples Bay and Clam Bay, Charter Government, the City's request for County funds and a recycling program that mirrors Collier County's program - Consensus K. Recommendation that the Board of County Commissioners reject the $16.5 million counter-offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). Approved - 5/0 Moved from Item #16Al L. Recommendation to adopt a Resolution supporting a feasibility study for the proposed Heartland Parkway Motion to deny - 4/1 (Commissioner Coletta opposed) Moved from Item #16B6 M. Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#924l Approved - 5/0 Moved from Item #16C6 N. Recommendation that the Board of County Commissioners Award Contract # 06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed) Moved from Item #16E7 O. Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated Approved - 5/0 Moved from Item #16Bl P. Recommendation to approve a Resolution to terminate an "Interlocal Agreement between the City of Naples and Collier County regarding Page 9 April 24, 2007 maintenance assistance for the Traffic Signal System on Goodlette-Frank Road between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City. Motion was made to amend agreement and bring back at a future BCC Meeting - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice of Closed Attorney-Client Session B. This item to be heard at 1 :00 p.m. Board of County Commissioners to Provide Direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Motion to re-direct staff to reject offer and have staff negotiate a settlement offer, no malicious acts and for all issues to come to an end - Approved 4/0 (Commissioner Coyle abstained) C. Recommendation to approve a Pre-Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1 ,283,988.00 which is required for the construction of V anderbilt Beach Road Extension Project #60168. (Fiscal Impact: $1,298,488.00) Approved - 5/0 D. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et a!., Case No. 06-0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) Approved - 5/0 13. OTHER CONSTITUTIONAL OFFICERS Page 10 April 24, 2007 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or about 11 :00 a.m. Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007-2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Approved - 5/0 B. This item to be heard on or about 11 :00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to lOG to be heard before lOG is discussed) Motion for denial- Approved 4/1 (Commissioner Coletta opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Coyle's report on what illegal aliens cost Collier County each year B. Commissioner Halas: Update on Tax reform in Tallahassee C. Commissioner Coletta: Letter from Bill Barton requesting a joint workshop between the BCC and the SW Florida Expressway Authority on a date to be determined (possibly May 18, 2007) D. Commissioner Fiala regarding illegal aliens and their qualifying for impact fee deferrals E. Commissioner Fiala request's a HUD Plan be delivered to the Clerk's Office in the future F. Commissioner Fiala: Discussion on density bonuses on projects G. Commissioner Henning: Fire-Steering Committee and fire-fighter pay H. Commissioner Henning: 2007 Legislation Property Tax Reform I. Commissioner Coyle: Affordable Housing density discussed Page 11 April 24, 2007 --------------------------------------------------------------------------------------------------------- 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 - 4/1 (Commissioner Henning opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Moved to Item #10L 1) Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway 2) 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 "Via Veneto Lots 30 and 33 Replat" W /stipulations 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 "Castlewood at Imperial". The roadway and drainage improvements will be privately maintained. Resolution 2007-91 4) 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 "Silver Lakes Phase Two-G" W /stipulations Continued Indefinitely 5) Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics Located in Immokalee Page 12 April 24, 2007 6) Recommendation to reject Bid No. 06-4050 for demolition of Commercial/Residential Structures W /stipulations 7) Recommendation to accept the Special Magistrate's decision on the Mediation Proceedings for Case 06-CEB-00055: Jerry and Kimberlea Blocker v. BCC B. TRANSPORTATION SERVICES Moved to Item #10P 1) Recommendation to approve a Resolution to terminate an "Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette- Frank Road between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City 2) Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 51101 County will be responsible for course restoration in the LASIP impacted construction areas and for fair share costs of a bridge replacement 3) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. For rehabilitation and the construction of bus-related transfer facilities 4) Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impact $300.00. ) Located on the northwest corner of Santa Barbara Boulevard and Painted Leaf Lane (5605 Painted Leaf Lane) Page 13 April 24, 2007 5) Recommendation to Award Bid #07-4113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services As detailed in the Executive Summary Moved to Item #10M 6) Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#9241 7) Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes Memorandum of Understanding with Grants Pro of Fort Myers C. PUBLIC UTILITIES 1) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien As detailed in the Executive Summary 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien Resolution 2007-92 3) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-93 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Page 14 April 24, 2007 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien Resolution 2007-94 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien Resolution 2007-95 Moved to Item #10N 6) Recommendation that the Board of County Commissioners Award Contract # 06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 7) Recommendation to utilize short-term inter-fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion Project #700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion-Easement Project #708921, Water Impact Fee capital projects D. PUBLIC SERVICES 1) Recommendation to affirm the approval ofa United State Fish and Wildlife Cooperative Agreement 40l8l6J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30,000 2) Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the County's Major Beach Renourishment Project (905271) 3) Recommendation to authorize a payment of $75,000 to Betty Briggs to purchase the Rob Storter Collection and to authorize the Chairman Page 15 April 24, 2007 of the Board of County Commissioners to execute the attached three- party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County 4) Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department Participation should generate $6000 in credit reporting fees 5) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 86, Independence, Phase II Located just off the intersection of Lake Trafford Road and Little League Road in Immokalee 6) Recommendation to recognize anticipated revenue in the amount of $11,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget 7) Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007-2008,2008-2009 and 2009-2010 as required by state law and submit to the Florida Housing Finance Corporation Resolution 2007-96 8) Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission Resolution 2007-97 E. ADMINISTRATIVE SERVICES 1) Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December 16,2006 through March 30, 2007 Page 16 April 24, 2007 2) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24, 2007, resulting in gross revenues of $518,875.25 3) Recommendation to approve an Agreement for Sale and Purchase with Harvey N. Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $898,000 Parcel location is adjacent to the existing Conservation Collier Otter Mound Preserve (City of Marco Island, Caxambas Block 9 Parcel G) 4) Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $1,045,700 5) Recommendation to approve Phase III "Enterprise Implementation Strategy" of the "Enterprise Content Management Strategy", Project No. 500421, in the amount of$25,000.00 W /stipulations 6) Recommendation to approve the "Grant of Storm Water Drainage Easement" agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, Project Numbers 54003 and 52160 W /stipulations Moved to Item #100 7) Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated F. COUNTY MANAGER Page 17 April 24, 2007 1) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland fire fighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $3,340.98 The Isles of Capri Fire and Rescue District G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a guest speaker at Naples Sailing & Yacht Club Men's Speaker Luncheon on March 15,2007. $9.95 to be paid from Commissioner Coyle's travel budget 2) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2,2007. $21.53 to be paid from Commissioner Halas' travel budget Located at the Hilton Naples, 5111 Tamiani Trail North, Naples, FL 34103 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Leadership Collier Class of 2007 Graduation on May 11, 2007 and is requesting reimbursement in the amount of$50.00, to be paid from his travel budget Located at the Naples Beach Hotel and Golf Club, 851 Gulf Shore Blvd. North (Watkins Lawn), Naples 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and is requesting reimbursement in the amount of$40.00, to be paid from his travel budget Page 18 April 24, 2007 5) Withdrawn 6) Located at the Hilton Naples, 5111 Tamiami Trail North Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Attended the 4-H Foundation Luncheon on Tuesday, April 10, 2007 at the First United Methodist Church; $9.00 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. Attended the Collier Republican Club Meeting on Monday, April 9, 2007 at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Leadership Collier Class of2007 Graduation on Friday, May II, 2007, at the Naples Beach and Golf Hotel; $50.00 to be paid from Commissioner Fiala's travel budget Located at the Naples Beach Hotel and Golf Club, 851 Gulf Shore Blvd. North (Watkins Lawn), Naples 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 31, 2007 through April 06, 2007 and for submission into the official records of the board 2) To obtain board approval for disbursements for the period of April 07, 2007 through April 13, 2007 and for submission into the official records of the board K. COUNTY ATTORNEY Page 19 April 24, 2007 1) Recommendation that the Board of County Commissioners ("Board") approve the Committee's selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney 2) Recommendation to approve the Second Offer of Judgment in the amount of $20,000 as to Parcels 114 & 914 in the lawsuit styled CC v. Elias Valencia, et a!., Case No. 03-2274-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) 3) Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans "Paradise Coast Blueway" and "Paradise Coast Blueway - The Collier County Paddling Trail" 4) Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et a!., Case No. 04-056l-CA (Vanderbilt Beach Road (CR862) Project No. 63051). (Fiscal Impact $22,000.00) 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 20 April 24, 2007 A. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003-39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind-the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act" Ordinance 2007-39 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VESMT-2007-AR-ll203, Lot 61, Black Bear Ridge- Phase 1, disclaiming, renouncing and vacating the County's and the Public's interest in a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase I, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A" Resolution 2007-98 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA-2005-AR-7l36: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4:1: acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DRl is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA-2005-AR- 10 157) Resolution 2007-99/Development Order 2007-02 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2006-AR- 10157: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of Page 21 April 24, 2007 WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4:1: acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport-Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA-2005- AR-7l36) Ordinance 2007-40 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006- AR-9l50 Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned "A" Rural Agriculture with a Conditional Use (CU) overlay to "MPUD" Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square feet of retail or office space and ten multi-family units; the project is to be known as Bradford Square MPUD. The subject property is 9.18:1: acres located at 14258 Livingston Road, north east corner of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Collier County, Florida Ordinance 2007-41 Adopted w/changes entered into the PUD - 5/0 Moved to Item #8B F. Recommendation to approve a Resolution adopting the Collier County HUD One Year Action Plan for FY 2007 - 2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Down-payment Initiative (ADm) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Sub-recipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A representing Elias Page 22 April 24, 2007 Brothers Communities Two, Inc., requesting to rezone a 55- acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 951) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida Ordinance 2007-42 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 April 24, 2007