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Recap 06/12/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 12,2007 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." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 June 12, 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 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 - 5/0 B. May 8, 2007 - BCC/Regular Meeting Approved as presented - 5/0 C. May 15,2007 - BCC/Charter Government Workshop with Productivity Committee Approved as presented - 5/0 D. May 22,2007 - BCC/Post-Legislative Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 10 Year Recipient John Agnelli, Industrial Development Authority Presented Page 2 June 12, 2007 B. 5 Year Recipients 1) Frank Donohue, Parks and Recreation Advisory Board Not present 2) Virginia Donovan, Forest Lakes Roadway & Drainage Advisory Committee Not present 3) Charles Gunther, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Presented 4) Gerald Lefebvre, Collier County Code Enforcement Board Presented 5) William Mears, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Not present 6) Michael Sorrell, Environmental Advisory Council Presented 4. PROCLAMATIONS A. Proclamation designating May 21,2007 to May 25,2007 as Immokalee Foundation Week. To be read and accepted by Mr. Ed Laudise, Executive Director, the Immokalee Foundation. This item was already voted on at the May 22, 2007 BCC meeting. Was adopted at the May 22, 2007 BCC Meeting and accepted today B. Proclamation designating the month of June as Home Ownership Month. To be accepted by Ms. Marcy Krumbine, Director of Housing and Human Services, Collier County. Adopted - 5/0 5. PRESENTATIONS A. Introduction of Congressman Mario Diaz-Balart's new aide. Introductions made Page 3 June 12, 2007 B. Recommendation to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for being recognized by the Public Technology Institute and awarded a first place technology solutions award for the use of innovative Geographical Information Systems Technology in the County's Hurricane Impact Assessment Mobile Application. Recognized C. Contractor Presentation for South County Regional Water Treatment Plant 20-mgd Wellfield Expansion. Presented 6. PUBLIC PETITIONS A. Public petition request by Tim Nance to discuss walkway connecting Palm Crest Villas and Willoughby Park. Discussed - Parks and Rec to bring back an update and solutions in Sept/Oct 2007 Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to the June 26, 2007 BCC Meeting A. This item will be heard at 1:00 p.m. Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. Continued to the October 23, 2007 BCC Meeting B. This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LP A and Margaret Perry, AICP, of Wilson Miller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, Page 4 June 12, 2007 consisting of 17.7 acres, is located on the south side ofImmokalee Road (CR 846), approximately one quarter mile west of the 1-75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Moved from Item #17H - Continued to June 26, 2007 BCC Meeting C. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Motion to continue to the June 26, 2007 BCC Meeting - Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. Resolution 2007-151: Appointing Stephen Hruby, Brian Goguen and Cormack Giblin, appointed by the City of Naples - Adopted 5/0 B. Recommendation to declare a vacancy on the Parks and Recreation Advisory Board. Resolution 2007-152: Adopted 5/0 C. Appointment of members to the Parks and Recreation Advisory Board. Resolution 2007-153: Appointing Barbara Buehler - Adopted 5/0 D. Appointment of member to the Environmental Advisory Council. Resolution 2007-154: Appointing Mark Fenton - Adopted 5/0 E. Discussion and possible direction from Board of County Commissioners regarding amending Advisory Board Ordinance 2001-55, as amended. (Commissioner Fred Coyle) Motion to clarify application of the ordinance and to bring back with amendments - Approved 4/1 (Commissioner Halas opposed) Page 5 June 12, 2007 F. Appointment of Commissioners to serve on the Value Adjustment Board and set the date for the organizational meeting. Appointing Commissioner Henning, Commissioner Coletta and Commissioner Coyle as regular members - Approved 4/1 (Commissioner Coyle opposed); Commissioner Fiala and Commissioner Halas will serve as alternates; and setting the Date as July 23, 2007 for the V AB Organizational Meeting G. This item to be heard at 11:45 a.m. Resolution supporting the efforts of the Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala) Resolution 2007-156: Adopted - 5/0 Withdrawn reconsideration but needs clarification of Funding Policy H. Request for reconsideration of Item 16B8 from the May 22, 2007 BCC Meeting which read: Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swale/canallditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) (Commissioner Henning) Motion for staff to establish a set policy for constructing and the maintenance of stormwater projects - Approved 5/0 I. Appointment of members to the Fire Review Task Force. Resolution 2007-155: Appointing Gary Beaumont, William Lawrence Schreck, Dalas Disney, William J. Varian, Bradley William Schiffer, James E. Boughton, J. Christopher Lombardo and Pamela Nickell with one (1) vacancy - Adopted 4/1 (Commissioner Henning opposed); Motion to waive 2 - board limit for Bradley William Schiffer - Approved 5/0 J. Discussion regarding additional funding for possible travel to Tallahassee and Washington regarding tax reform and federal appropriations. (Commissioner Frank Halas) Discussed - no action taken K. Recommendation that the Board establish the process for the selection of a County Attorney. (Commissioner James Coletta) Page 6 June 12, 2007 To be brought back for further discussion; BCC Executive Manager to advertise and to work with Purchasing, HR and the County Manager if further assistance is needed - Approved 5/0 L. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2007-157: Appointing David Buser - Adopted 5/0 10. COUNTY MANAGER'S REPORT To be heard after 1 :00 p.m. A. To update the annual economic incentive report presented to the BCC in the Fall of 2006 (Joseph K. Schmitt, Administrator, Community Development & Environmental Services, Division) Motion to accept report - Approved 4/0 (Commissioner Halas absent) B. Recommendation to disapprove institution of an Ordinance to allow use of golf carts on the County roadways of the Isles of Capri community. (Bob Tipton, Traffic Operations Director) Motion to approve an Ordinance - Denied 2/3 (Commissioner Coletta, Commissioner Coyle and Commissioner Halas opposed) C. Recommend the Board of County Commissioners consider a Course of Action in Response to the Florida Department of Community Affairs Statement of Intent to Find a Portion of the EAR Based Growth Management Plan Amendments Not in Compliance. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Motion to direct the County Manager to enter into a compliance agreement with DCA and to have the County Attorney draft a Planning Moratorium Ordinance to be presented at the July 24th BCC meeting- Approved 3/2 (Commissioner Coletta and Commissioner Henning opposed) D. This item continued from the Mav 22. 2007 BCC Meetinl!. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building a trail and bridge on City-owned land as part ofthe Gordon River Greenway. (Alex Sulecki, Principal Environmental Specialist) Commissioner Coyle to send a letter to City Council and express the County's desire to work with them regarding future projects and Page 7 June 12,2007 explain where the County is in the process, explain what is needed, and request a reply to participate further - Approved 4/0 (Commissioner Halas absent) E. Request to Continue Growth Management Plan Amendment Petitions CP- 2005-3 and -4 from the 2005 Cycle of Plan Amendments to the 2007 Cycle. (Joseph K. Schmitt, Administrator, Community Development) Motion to accept staff's recommendations to not continue petitions- Approved 4/0 (Commissioner Halas absent) Moved from Item #16A7 F. This item was continued from the May 22. 2007 BCC Meetinl!. 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. Motion to continue - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a proposed settlement relating to Parcel 132 in the condemnation lawsuit styled Collier County v. Panther Key, LLC, et aI., Case No. 06-1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $746,050.00) Approved - 5/0 B. This item is a companion to Item #12A. Panther Key Proposed Settlement. to be Considered if Settlement is Reiected. Recommendation to approve the Offer of Judgment in the amount of $1 ,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et aI., Case No. 06-1456- CA (County Barn Road Project No. 60101). (Fiscal Impact $505,300.00) Withdrawn 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 8 June 12, 2007 A. This item to be heard at 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA) Motion to accept extension for a September 25, 2007 closing date; Chairmen's signature will be contingent upon County Attorney's Office review and due diligence has been proven - Approved 4/0 (Commissioner Halas absent) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd regarding Resolution 2000-149 which gives the County Manager certain powers while the Board is in recess and is ratified upon their return B. Commissioner Fiala's discussion on impact fee deferral and participants' legal residence status; mentioned lowered gas prices ------------------------------------------------------------------------------------------------------------ 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 - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West, Phase 3, Unit 6 W/release of the Utility Performance Security 2) To accept final and unconditional conveyance of the water facility for Royal Cove Plaza. W frelease of the Utility Performance Security 3) Recommendation to approve final acceptance of the sewer utility facility for Royal Cove Plaza. W /stipulations Page 9 June 12, 2007 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Stratford Place Carriage Homes. W /stipulations 5) Recommendation to approve final acceptance of the water and sewer utility facility for Stratford Place Townhomes. W /stipulations 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 Marquesa Royale. Located at Section 36, Township 48 South, Range 25 East Moved to Item #10F 7) This item was continued from the May 22. 2007 BCC Meetinl!. 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. Located at Section 10, Township 51 South, Range 26 East 8) Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Community Redevelopment Agency (CRA) approval of expenditure under 16G I) B. TRANSPORTATION SERVICES 1) Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from the current speed limit of fifty-five miles per hour (55 MPH) to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake Hammock Road to 750 ft south ofLely Cultural Boulevard. Resolution 2007-145 2) To receive Board approval to accept an amendment to a funding agreement with the South Florida Water Management District to share Page 10 June 12, 2007 in a portion of the construction cost of the Lely Area Stormwater Improvement Project and to approve a budget amendment to recognizing $395,000 of revenue appropriating same amount as an expense into the project, Project # 5110 II. 3) To authorize the expenditure of $64,090 for a para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271; to accept the Rural Capital Grant money and insurance reimbursements and approve any necessary budget amendments; and to use the FY07 Florida Vehicle Procurement Program and waive the competitive purchase process. 4) Recommendation to approve the purchase of three (3) para-transit vehicles through the 5310 grant that only requires a 10% match through the County. ($26,185.70) 5) Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (Project No. 510185) Engineering Design contract. Located East of Goodlette-Frank Road and North of Golden Gate Parkway within the City of Naples C. PUBLIC UTILITIES 1) Recommendation to approve a Change Order in the amount of $217,000 for the electrical work at Pelican Bay Wastewater Decommissioning plant and the associated Budget Amendment, Project # 72501 To help provide additional storage for irrigation quality water during off season 2) Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie, Inc., in the amount of$169,342 related to the Northeast Facility Project # 75012. Page 11 June 12, 2007 To replace existing Orangetree facilities, and serve new customers in the northeast area of the district D. PUBLIC SERVICES 1) Withdrawn 2) 3) Approve a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. ($25,000) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. Recommendation to approve budget amendments in the amount of $113,428 to ensure continuous funding of the Alzheimer's Disease Initiative grant. Allows for the delivery of respite care and case management services 4) Recommendation to approve a budget amendment in the amount of $7,099 to ensure continuous funding of the Home Care for the Elderly grant. Will provide in-home support services for private homes 5) Recommendation to approve budget amendments in the amount of $697,291 to ensure continuous funding of the Community Care for the Elderly grant. Funding allows for uninterrupted support services for Seniors that are frail and elderly 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madeleine Joseph (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 132, Independence, Phase II. Deferring $10,177.64 in Impact Fees Page 12 June 12, 2007 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dieuseul & Marthe Mareus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 87, Independence, Phase II. Deferring $8,166.25 in Impact Fees 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lemoine Moinius and Marie Moinius (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gaston Duperrier and Marie Duperrier (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Manasse Fradeus and Martine Fradeus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 141, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees E. ADMINISTRATIVE SERVICES 1) Approval ofa budget amendment to Fund 516, Property and Casualty Insurance to finalize the payment of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance recoveries in the amount of $ 1,449,063. 2) Recommendation to approve a budget amendment to Fund 518, Workers Compensation, in the amount of $24,400 to provide online safety training to Collier County Staff. Page 13 June 12,2007 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. To cover periods from April 17, 2007 through May 21, 2007 4) Recommendation that the Board of County Commissioners recognize a Memorandum of Understanding between the County, the Social Security Administration and the Department of Homeland Security instituting participation in their Employment Eligibility Verification Program (EVV), Basic Pilot to verify information on newly hired employees and to maintain compliance with Immigration law. 5) Recommendation to approve the addition of the classification Director Coastal Management Programs to the 2007 Fiscal Year Pay and Classification Plan. F. COUNTY MANAGER 1) Recommend approval of Change Order #3 in the amount of$20,000 on Contract 05-3772 with Miles Media Group for Tourism Department Web Site Modifications. 2) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Habitat for Humanity of Collier County For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 3) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Veterans of Foreign Wars Post 7721. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 4) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Guadalupe Social Services. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief Page 14 June 12, 2007 5) . Recommendation to accept an awarded Community Foundation Grant to help fund attendance of staff at the 2007 National Conference on Community Preparedness and the approval of necessary budget amendments to recognize and appropriate revenue in the amount of $1,762.00 Diversity specific training for specific population segments, liability issues, and innovative approaches to funding 6) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Mayflower Congregational Church. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 7) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Immokalee Friendship House. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 8) Recommendation to approve an Inter-local Agreement between Collier County Board of County Commissioners and the Collier County School District regarding disaster preparedness responsibilities contained in Florida Statute 252 Outlining the participation and cooperation with the County with the use of facilities, equipment, and personnel during emergencies G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Board of County Commissioners budget amendment approval under 16A8) 2) 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 Page 15 June 12, 2007 Community Redevelopment area. ($8,000) Located at 2754 Shoreview Drive 3) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; 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 subject property; and approve any and all necessary budget amendments. Site address: 3991 New Moon Court ($90,000). 4) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; 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 subject property; and approve any and all necessary budget amendments. Site address: 3962 Harvest Court ($90,000). 5) Recommendation from the Collier County Airport Authority that the Board of Commissions of Collier County accept a grant offer from the Florida Airports Council (F AC) and authorize its Chairman to execute the grant agreement in the amount of $5,000, and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of2007 at the Marco Island Executive Airport. This grant does not require matching funds. 6) Recommendation to accept a grant offer from the Florida Airports Council (F AC) and authorize the Boards Chairman to execute the grant agreement in the amount of $5,000 and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of 2007 at the Immokalee Regional Airport. This grant does not require matching funds. Page 16 June 12, 2007 7) Recommendation from the Collier County Airport Authority that pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners approve and authorize its Chairman to execute the attached Resolution and authorize the Authority's Executive Director to negotiate, and bring back to the Board for its approval, an agreed- upon twenty-five (25) year sub-lease agreement with the Florida Army National Guard to sub-lease a twenty-five (25) acre parcel of land at the Immokalee Regional Airport on which the National Guard will construct its Readiness Center (National Guard Armory). Resolution 2007-146 8) Approve a budget amendment for $208,000 to increase revenues and expenses for the sale and purchase of aviation fuel at the Marco Island Executive Airport and the Immokalee Regional Airport. Due to the price increase of fuel H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended the 2007 Paradise Coast Tourism Star Awards and 5th Annual Collier County Tourism Week Celebration on May 16, 2007 at The Ritz Carlton Golf Resort, Naples, FL. $30.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended The French Legion of Honor/Collier County Veterans Council award ceremony and luncheon on June 6, 2007 at The Hilton Naples, Naples, FL. $29.00 to be paid from Commissioner Henning's travel budget. 3) Proclamation designating June 29 - July 5,2007 as National Clean Beaches Week. To be mailed to Mr. Walter McLeod, Board of Directors and Advisors, Clean Beaches Council, Washington, D.C. Adopted 4) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council luncheon at Florida Page 17 June 12, 2007 Gulf Coast University on May 24, 2007. $31.00 to be paid from Commissioner Halas' travel budget. 5) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council Eastern Collier County Industry and Opportunity Tour on May 30, 2007. $20.00 to be paid from Commissioner Halas' travel budget. 6) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physician Led Access Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is requesting reimbursement in the amount of$25.00, to be paid from his travel budget. Held at the Physicians Regional Medical Center, located at the 8300 Collier Blvd., Naples I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Grant Program. W /stipulations 2) To obtain board approval for disbursements for the period of May 12, 2007 through May 18, 2007 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of May 19, 2007 through May 25, 2007 and for submission into the official records of the board. 4) To obtain board approval for disbursements for the period of May 26, 2007 through June 0 I, 2007 and for submission into the official Page 18 June 12, 2007 records of the board. 5) To Present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 20072008 and to Obtain Board Approval for the Chairman to Sign the Application. 6) Recommend that the Board of County Commissioners approve a document for Eleventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. Designating Sheriff Don Hunter as the official grant applicant and contact person K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of $165,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master Homeowners Association, Inc., et aI, Case No. 06-0828-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $17,200.00) 2) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in the Case Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00). 3) Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the Amount of$19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier County v. Grand Cypress Communities, et aI., Case No. 05-1053-CA, South County Regional Water Treatment Well field Project #70892. (Fiscal Impact: $650.00). 4) Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the Amount of$31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et a!., Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $16,350.00 if offer is accepted) Page 19 June 12, 2007 5) Recommendation to approve a Stipulated Final Judgment as to Parcels 716,816,916,814 and 914 in the amount of$93,340 in the lawsuit styled Collier County v. Centrex Corp., Ltd., et a!., Case No. 05-1129- CA (South County Regional Water Treatment Well field Project #70892). (Fiscal Impact: $38,990) 6) Recommendation to approve a Stipulated Final Judgment as to Parcels 815 and 915 in the amount of $33,890 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et aI., Case No. 05-1091- CA (South County Regional Water Treatment Well field Project #70892). (Fiscal Impact: $37,871.70) 7) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 134 in the Case Styled Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA (Immokalee Road Project #60018) (Fiscal Impact: $1,800.00) 8) Recommendation to approve a Stipulated Final Judgment for Parcel No. 130 in the lawsuit styled Collier County v. Berean Baptist Church of Naples, Inc., et aI., Case No. 06-1254-CA (County Barn Road Project No. 60101). (Fiscal Impact $58,337.25) 9) Request Authorization to Amend Collier County Ordinance No. 87- 60, as Amended, to Exempt from the County's Local Requirements, but not from State of Florida Newly Enacted Statutory Requirements, regarding Solicitation Activities Conducted in or Along Streets and Roads by Organizations that are Exempt from Federal Income Taxes under Section 50 I (c)(3) of the Internal Revenue Code and are Either Registered as a Charitable Organization (or Sponsor) with Florida's Department of Agriculture and Consumer Services, or are Statutorily Exempt from such State Registration. 10) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to reissue revenue bonds issued in 2004 to finance educational facilities for Community School of Naples, Inc. Resolution 2007-147 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A Page 20 June 12,2007 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2006-AR- 10916, PINE RIDGE MIXED-USE CENTER MPUD, Michael R. Fernandez representing the Grand Inn of Naples, Inc., requesting to have the Collier County Planning Commission (CCPC) consider an application to rezone the subject site from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as Pine Ridge Mixed Use Center MPUD. The amendment to the approved MPUD Document proposes to add 24,000 square feet of commercial use, add General Office as a permitted use, eliminate Restaurant as a permitted use, and include revisions to the development standards. Ordinance 2007-47 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VPLAT-2007-AR-11576, Lipari-Ponziane, to disclaim, renounce and vacate the Countys and the Publics interest in a County Utility Easement encumbering Tract FD-I, Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. Resolution 2007-148 C. This item has been continued from the May 22. 2007 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2006-AR-9458, Page 21 June 12, 2007 Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. Resolution 2007-149 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2005- AR-7588, Richard Evans, represented by Tim Hancock, of Davidson Engineering Inc., requesting a rezone from Rural Agriculture A zoning district to Commercial Planned Unit Development CPUD, to be known as Evans CPUD, by creating a PUD Document and Master Plan, proposing medical and professional offices and non-commercial indoor storage by occupants of the building(s), with a maximum of 52,000 square feet. The subject property, consisting of 6.0 acres, is located west of Livingston Road and south of Pine Ridge Road at 12745 Livingston Road in Section 13, Township 49, Range 25 East, Collier County, Florida. Ordinance 2007-48 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. HD-2006-AR-I0449 Marie Barnett, of M. Barnett Design, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically significant structure for property located on the south 100 feet of north 500 feet oflots I and 2, South Naples Shores, sections 23 and 24, Township 51 South, Range 25 East, Collier County, Florida Resolution 2007-150 F. Approve an Amendment to Ordinance No. 84-37, as amended, also known as the Collier County Code of Laws and Ordinances, Chapter 38, Article III pertaining to Post Disaster Recovery and Reconstruction Management. Ordinance 2007-49 G. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Collier County Ordinance No. 75-16, as amended, for the purpose of revising and clarifying the time, place, and conduct of Page 22 June 12, 2007 meetings of the Board of County Commissioners, the procedure for scheduling and the consideration of items of business of the Board of County Commissioners on the agenda, the procedure for addressing the Board of County Commissioners at the meeting, and the procedures for the reconsideration of matters by the Board of County Commissioners. Ordinance 2007-50 Moved to Item #8C H. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 June 12, 2007