Loading...
Recap 07/24-25/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~. W )1 ,,\ AGENDA July 24 - 25, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman (Telephonically 7/25/07 PM) Tom Henning, BCC Vice-Chairman, District 3 (Telephonically) Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 (Acting Chair - 7/25/07) 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 PUBLIC 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 July 24-25, 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 2. AGENDA AND MINUTES A. Request that the BCC declare extraordinary circumstances regarding Commissioner Henning's Out of State absence due to a Memorial Service for his mother and allowing him to phone in to participate in portions of today's BCC meeting. 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 with the exception of Item #9H and Item #12A - 4/1 (Commissioner Henning opposed) B. June 12,2007 - BCClRegular Meeting Approved as presented - 5/0 C. June 19,2007 - BCCIPUD Audit Workshop Approved as presented - 5/0 D. June 22, 2007 - BCC/GMP Amendment Meeting Approved as presented - 5/0 E. June 26 - 27,2007 - BCC/Regular Meeting Page 2 July 24-25, 2007 Approved as presented - 5/0 F. June 28, 2007 - BCClBudget Workshop Approved as presented - 5/0 G. June 29, 2007 - BCC/Budget Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards to-Year Recipient 1) Edward Olesky - Lake Trafford Restoration Task Force Presented 5-Year Recipients 1) Helen Carella - Radio Road Beautification Advisory Committee Presented 2) Michael Carr - Housing Finance Authority Presented 3) Frank Donohue - Parks and Recreation Advisory Board Presented 4) Ed Staros - Pelican Bay Services Division Presented B. 25 Year Attendees - Employee Service Award (should be 20 Year) 1) Patrick Webb, Facilities Management Presented C. 30 Year Attendees - Employee Service Award (should be 25 Year) 1) Joseph Chirico, Transportation Presented Page 3 July 24-25, 2007 D. 35 Year Attendees - Employee Service Award (should be 30 Year) 1) James Thomas, Parks and Recreation Presented 4. PROCLAMATIONS 5. PRESENTATIONS A. Recommendation to recognize David Verrot, Senior Field Crew Leader, Wastewater Collections, as Supervisor of the Year for 2006 Presented B. Recommendation to recognize Barbara Olko, Administrative Assistant, Public Utilities Operations, as Employee of the Month for July 2007 Presented C. Vanderbilt Bay Construction will present the status of their construction efforts for the new Collier County Sheriffs Special Operations Building, Project #52002 Presented D. Presentation by Mr. Bill Barton regarding continued support for the Southwest Florida Expressway Authority Presented E. This item to be heard at 3:00 p.m. Recommendation that the Board of County Commissioners accept presentation of status report on (1) potential inclusionary zoning ordinance, (2) potential mitigation fee ordinance, (3) affordable workforce-housing supply study and (4) economic impact analysis of potential affordable workforce-housing mitigation fee, and give further direction to staff and the County Attorney on potential ordinances. Staff to provide guidance Staff to come back with commercial mixed use w/mandatory affordable housing as a mixed-use concept and also return with a discussion on the sustainability of the housing inventory; staff to provide guidance regarding the Exclusionary Zoning Ordinance and Mitigation Fee Ordinance for discussion - Consensus Page 4 July 24-25, 2007 6. PUBLIC PETITIONS A. Public petition request by Marion Gregory to discuss administrative fence height waiver fee Discussed B. Public petition request by Jim Kramer to discuss waiver of inspection fees resulting from repairs to Hurricane Wilma damage Discussed C. Public petition request by Don Smith to discuss weed problem in the Port Au Prince canals Direct staff to work with property owners regarding a possible solution D. Public petition request by Blake Gable to discuss the Impact Fee Deferral Program to the Ave Maria project To be brought back at the September 11,2007 BCC Meeting- Consensus E. Public petition request by Guillermo and Carmen Pena to discuss easement access to reach property Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Withdrawn A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2007-AR-11459 James and Lavonne Williamson, represented by Sonrise Properties of Naples, DBA Sonrise Building Company, is requesting a variance within the Wyndemere Lodgings Planned Unit Development (PUD) reducing the existing front set back from 40' to approximately 36' to extend the front of their garage, for purposes of accommodating a second vehicle, for a project to be known as the Williamson Garage Addition. The subject property consisting of 0.34 acres is located at 186 Edgemere Way South, in Section 1 of the Wyndemere Lodgings Subdivision, on Lot 46, of Section 19, Township 49 South, Range 26 East, in Collier County, Florida. This item Page 5 July 24-25, 2007 requires that all participants be sworn in and ex parte disclosure be provided by Commission members Continued to the September 11,2007 BCC Meeting B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PE-2006-AR-10551, DeVoe Family Limited Partnership II, represented by Sandra Bottcher ofQ. Grady Minor & Associates, P.A., is requesting a parking exemption for the DeVoe Suzuki dealership. The exemption seeks approval of an off-site employee parking area on a residentially-zoned lot to serve the DeVoe Suzuki dealership in the adjacent commercially-zoned district. The subject property, consisting of 0.23 acres, is located at 1397 Trail Terrace Drive, on the northwest corner of 14th Street North and Trail Terrace Drive, approximately 500 feet south of Solana Road, in Section 22, Township 49 South, Range 25 East Collier County, Florida C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: V A-2007-AR- 11500, The District School Board of Collier County, represented by Donald Murray, TKW Consulting Engineers, Inc., requests a dimensional variance often-feet from the maximum height 35 feet for the Residential Multi- family - 6 units per acre (RMF-6) Zoning District as provided for in Section 4.02.01 A Table 2 of the LDC. The 25.60+ acre tract ofland contains several buildings for the Lorenzo Walker Institute of Technology campus. A new 3- story high school is proposed to be constructed to a zoned height not greater than 50-feet. The project is located at 3710 Estey Ave, in Section 1 and 12, Township 50 South, Range 25 East, Collier County, Florida Resolution 2007-204 Adopted - 5/0 July 25, 2007 D. This item was continued from the July 25. 2006 BCC meetinl!: and the September 12. 2006 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-8046 Jaime and Demarys Oliva, represented by Robert N. Pelier of Blanco & Pelier, P.A., is requesting a conditional use, Pursuant to Land Development Code Sections 2.04.03 and 2.03.08.A.3, in the Rural Agriculture-Mobile Home Overlay (A-MHO) zoning district, for "facilities for the collection, transfer, processing, and reduction of solid waste." The applicant proposes to use the site for a horticultural mulching and recycling facility. The subject property, Page 6 July 24-25, 2007 consisting of 10.04 acres, is located at 1340 Wild Turkey Drive, east of Immokalee Road, in Section 26, Township 47 South, Range 27 East, Collier County, Florida Resolution of Denial 2007-210 Adopted - 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-II081: Dr. Terry P. McMahan, president for International College, Inc., represented by Michael J. Volpe, Esquire of Robins, Kaplan, Miller and Ciresi, LLP, is requesting an amendment to the Harvest for Humanity PUD to change the permitted uses to replace the current resident's activity center and blueberry farm with its ancillary sales facility with limited Educational Services on certain tracts. The subject property, consisting of38.4 acres, is located in the northeastern quadrant of the intersection of Lake Trafford Road and Carson Road in lmmokalee, Florida, in Section 32, Township 46 South, Range 29 East, Collier County, Florida Ordinance 2007-59 Adopted w/stipulations - 5/0 B. This item to be heard at 11:00 a.m. Recommendation that the Board of County Commissioners considers adoption of a Temporary Planning Moratorium Ordinance Motion to approve staff's recommendation to not go forward with a planning moratorium - Approved 5/0 July 25, 2007 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Continuation of the June 4. 2007. later continued to June 5 and 22.2007, Public Hearing for the 2005 Cycle of Growth Management Plan Amendments (Transmittal Hearing), ONLY to consider Petition CP-2005-12, and that portion of Petition CPSP-2005-14 Pertaining to Properties Located Within Sections 29 and 32, Township 49 South, Range 27 East, Consisting of918::1:: Acres and Known as Map Parcel Numbers 25-31. (Transmittal Hearing) CP 2005-12 - Motion to transmit to DCA w/stipulations - Denied 2/3 (Commissioner Coyle, Commissioner Halas and Commissioner Fiala opposed); CPSP-2005-14 - Motion to not transmit - Approved 3/2 (Commissioner Coletta and Commissioner Henning opposed) Page 7 July 24-25, 2007 Resolution 2007-211 Adopted to transmit 2005 GMP Amendments to DCA July 25, 2007 - Moved from Item #17 A D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to reject approval of Petition A VPLAT-2007-AR-11341, Lot 24, Villa Floresta at Wyndemere, Phase 2, to vacate the County's and the Public's interest in a portion of a platted drainage easement running along the easterly side of Lot 24, Villa Floresta at Wyndemere, Phase 2, a subdivision located in Section 19, Township 49 South, Range 26 East, as recorded in Plat Book 15, Pages 102-103 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A". Resolution 2007-211A Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Affordable Housing Commission Resolution 2007-205 Adopted 5/0 B. Consideration to appoint an alternate member to the County Government Productivity Committee Resolution 2007-206: Appointing Michele Harrison - Adopted 4/1 (Commissioner Halas opposed) C. Appointment of member to the Housing Finance Authority Resolution 2007-207: Re-appointing Gary D. Lind - Adopted 5/0 D. Update on the progress of the RFP for the County Attorney Recruitment Search. Staff to schedule meeting with candidates on September 12,2007- Approved 5/0 E. This item to be heard after Item #5D. This matter is before the Board of County Commissioners to consider a Resolution approving a financial commitment of$775,000.00 to the Southwest Florida Expressway Authority, less all amounts previously provided by the Board, as long as the Expressway Authority agrees by Resolution that it will not toll future lanes Page 8 July 24-25, 2007 five and six on Interstate 75 within Lee and Collier Counties. (Commissioner Henning) Motion to table this item until Lee County makes its decision or the Southwest Florida Expressway brings back a counter offer; to be brought back to a future BCC Meeting - Approved 4/1 (Commissioner Henning opposed) F. Appointment of members to the Black Affairs Advisory Board Resolution 2007-208: Re-appointing LaVerne C. Franklin and Irene Williams (Waiving section 2005-155 Section 7B) - Adopted 5/0 G. Appointment of members to the Hispanic Affairs Advisory Board Resolution 2007-209: Re-appointing Manual Gonzalez and Renato Fernandez - Adopted 5/0 H. For the Board of County Commissioners to discuss dropping the lawsuit BCC vs. Clerk of Courts as Fee Officer/Budget Officer; also discuss County Auditor. (Commissioner Henning) Motion to discuss during Closed Session at the September 11, 2007 BCC meeting - Approved 4/1 (Commissioner Henning opposed) 10. COUNTY MANAGER'S REPORT July 25, 2007 A. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and Woodcrest Drive from lmmokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00 Resolution 2007-212 Adopted 5/0 July 25, 2007 B. This item continued from the June 26. 2007 BCC Meetinl!:. Recommend consideration of cost comparison of alternative fence material, review justification for fence installation, receive direction on how to proceed with private fence issue for properties in the Queens Park subdivision as part of Phase lA of the Lely Area Stormwater Improvement Project (LASIP), Project No. 511011 Page 9 July 24-25, 2007 Motion to approve vinyl fence w/stipulations - Approved 4/1 (Commissioner Henning opposed) July 25, 2007 C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, and for the construction of Stormwater Improvements as a component ofthe Lely Area Stormwater Improvement Project. (Capital Improvement Element No. 32 and 291, Project Nos. 60091 and 51101 respectively). Estimated fiscal impact: $7,428,942.00. Resolution 2007-213 Adopted - 5/0 July 25, 2007 D. Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of the fee simple interest in certain tracts ofland in Golden Gate Estates necessary for the construction of storm water retention and treatment ponds required for the expansion of Golden Gate Boulevard from West of Wilson Boulevard to DeSoto Boulevard. (Project No. 60040) Estimated fiscal impact: $3,627,000.00 Resolution 2007-214 Adopted - 5/0 July 25, 2007 E. Recommendation to approve a budget amendment to Fund 517, Group Health and Life Insurance to pay anticipated claims expenses for the remainder of Fiscal Year 2007 in the amount of$I,306,100 Approved - 5/0 July 24, 2007 and July 25, 2007 (Under Item #15) F. Item to be heard followinl!: Item #5E Recommendation that the Board of County Commissioners adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable- Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund Resolution 2007-203 Adopted w/changes - 4/1 (Commissioner Henning opposed); Additional changes made on 7/25/07 - Adopted 4/0 (Commissioner Coletta absent) Page 10 July 24-25, 2007 July 25, 2007 G. To seek Board approval of a State Joint Participation Agreement (JP A) with the Florida Department of Transportation and to authorize the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the SR84 (aka. Davis Blvd) Project Resolution 2007-215 Adopted - 4/1 (Commissioner Coyle opposed) H. This item to be heard at 10:30 a.m. Recommendation to approve an Agreement for Sale and Purchase by and between the Board of County Commissioners and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated as Purchasers with Marilyn H. Adkins, as Trustee of the Marilyn H. Adkins Revocable Trust UIDIT dated July 8, 1997, Joan H. Bickel, Trustee of the Joan H. Bickel Living Trust dated March 29,2000, Hugh E. Starnes and Judy A. Starnes, a/k/a Judy Ann Starnes as Sellers for 367.70 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $5,370,000, and to approve a Lease Agreement with Hugh E. Starnes for cattle grazing for an annual revenue of$368. Approved w/stipulations - 5/0 July 25, 2007 I. Recommendation to award contract 07-4164 for the North County Water Reclamation Facility (NCWRF) Sodium Hypochlorite (Bleach) System Phase 2 Instrumentation and Electrical reliability upgrades to Technical Management Associates in the amount of$880,199.00; award contract 07- 4163 for the NCWRF Bleach System Phase 2 Mechanical reliability upgrades to Douglas N. Higgins, Inc. in the amount of $343,000.00; award construction Engineering and Inspection (CEI) services to Hole Montes not to exceed (NTE) $107,490.00 under "Fixed Term Utility Engineering Services" contract number 05-3785; and the necessary Budget Amendment, Project 739661 Approved - 5/0 July 25, 2007 J. Recommendation that the Board of Count Commissioners Adopts the Proposed Millage Rates as the Maximum Property Tax Rates to be Levied in FY 2008. Resolution 2007-216 (Millage rate set at 3.1469) Adopted - 5/0 July 25, 2007 - Moved from Item #16E6 Page 11 July 24-25, 2007 K. That the Board of County Commissioners approves the award Bid 07-4127 for Office Supplies to Corporate Express County Manager to conduct an audit via an independent auditor; to bring back results to the Board and to extend the existing contract through December - Approved 5/0 July 25, 2007 - Moved from Item #16D23 L. Request to the Board of County Commissioners for direction on amending Chapter 98 Article 3 Code of Laws and Ordinances (also known as Collier County Ordinance #90-9, Section 3) to provide for alcoholic use/sales at Clam Pass Park Approved - 3/2 (Commissioner Henning and Commissioner Coyle opposed) July 25, 2007 - Moved from Item #16D25 M. Recommendation to approve resolution that supports Alternative A of the Everglades National Park's General Management Plan (GMP) Resolution 2007-217 Adopted - 5/0 July 25, 2007 - Moved from Item #16A9 N. Recommendation that the Board of County Commissioners approve a resolution delegating authority to the County Manager or his designee for the purpose of signing, on behalf of Collier County, a Limitation of Development Rights Agreement with the expressed objective of executing Transfer of Development Rights (TDR) program severances. Resolution 2007-218 Adopted - 3/1 (Commissioner Henning opposed and Commissioner Coletta absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mr. Bridgett regarding Silver Lakes Phase 2G B. Wayne Henuset regarding Silver Lakes plat approval 12. COUNTY ATTORNEY'S REPORT Continued to the September 11, 2007 Meeting A. Recommendation that the Board of County Commissioners consider approving a settlement agreement with Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development) to settle alleged claims, including an alleged Bert Harris Act claim purportedly arising from denial of an amendment to the Cocohatchee Bay PUD to modify the Bald Page 12 July 24-25, 2007 Eagle Management Plan, and Lodge Abbott Associates, LLC v. Collier County, Case No. 05-962-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida 13. OTHER CONSTITUTIONAL OFFICERS A. That the Board of County Commissioners discuss whether staff should draft and bring back to the Board a "Red Light Traffic Signal Camera Enforcement System Ordinance" to authorize use of unmanned cameras at road intersections to enforce Ordinance violations of vehicles running red traffic lights Staff to work with County Attorney's Office to bring back an ordinance Approved - 5/0 B. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006 Approved - 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Weigel regarding Item #10F Resolution language involving affordable workforce housing trust fund - Motion to reconsider - Approved 4/0 (Commissioner Coletta absent); Motion to add an affidavit as an attachment to the resolution - Adopted 4/0 (Commissioner Coletta absent) B. Mr. Weigel regarding Southwest Florida Expressway C. Commissioner Coyle regarding presentation given on Item #5E D. Commissioner Halas regarding EAC Meeting on July 11 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board. that item(s) will be removed from the Consent Agenda and considered separately ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 4/1 (Commissioner Henning opposed) Page 13 July 24-25, 2007 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 approve for recording the final plat of "Chanel Subdivision". Located in Section 2, Township 50 South, Range 25 East 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 grant final approval of the roadway (private) and drainage improvements for the final plat of "Milano". The roadway and drainage improvements will be privately maintained Resolution 2007-175 3) To accept final and unconditional conveyance ofthe water facility for Bridgewater Bay, Phase Two W /release of Utilities Performance Security 4) To accept final and unconditional conveyance ofthe water utility facility for Wal-Mart Store East W /release of Utilities Performance Security 5) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Van Elway Enterprises, Inc, E. J. Properties, LLC and Daniel Robbins 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Bridgewater Bay, Unit Two W/release of Utilities Performance Security Continued to September 11,2007 7) Recommendation that the Board of County Commissioners award contract # 06-3962 to White & Smith, LLC Planning and Law Group for the update and re-write of portions of the Collier County Land Development Code (LDC) 8) Recommendation that the Board of County Commissioners authorizes (as the said beneficiary) the release and ultimate closure of irrevocable Page 14 July 24-25, 2007 standby letter of credit number SM222312W in the amount of $40,000.00 on behalf of the Florida Audubon Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements, the Collier County Land Development Code requires financial surety in relation to all privately implemented environmental restoration and maintenance plans until one of two regulatory criteria are confirmed and documented Moved to Item #10N 9) Recommendation that the Board of County Commissioners approve a resolution delegating authority to the County Manager or his designee for the purpose of signing, on behalf of Collier County, a Limitation of Development Rights Agreement with the expressed objective of executing Transfer of Development Rights (TDR) program severances. 10) 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 "Vita Tuscana", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 11) Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to prepare amendments to Article 10 of Chapter 22 of the Collier County Code of Laws and Ordinances, pertaining to the numbering of structures, to incorporate changes that provide for clarification of administrative processes and procedures, eliminating potential for the duplication of addresses, street names, developments and subdivisions and providing improvements to the public notification process, for consideration by the Board of County Commissioners at a future meeting 12) 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 Fiddler's Creek Phase Six, Unit Page 15 July 24-25, 2007 One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations Continued to the September 11, 2007 Meeting 13) 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 14) Recommendation to accept a Proposed Settlement Agreement providing for Voluntary Dismissal of the Circuit Court Action for Injunctive Relief entitled Collier County v. Colin S. Flinn, et aI., Case No. 06-83-CA, in consideration of payment of a $5,000 civil penalty 15) Recommendation that the Board of County Commissioners approve a Satisfaction of Lien, related to impact fees, due to the deferred impact fees being repaid in full, in accordance with the lmmokalee Residential Impact Fee Deferral Program, as set forth by Section 74- 201 (g) of the Collier County Code of Laws and Ordinances Located at 4704 Little League Road 16) Recommendation to approve two budget amendments to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 - Immokalee) to Fund 339 Reimbursements (prior year) in the amount of$100,000 and from Fund 355 Reserves (Library Impact Fees) to Fund 355 Reimbursements (prior year) in the amount of$5,000 17) 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 "Sandalwood", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 18) A Resolution superseding and replacing Resolution Number 2005-48, amending the procedures for expediting the development review process for qualified Affordable-Workforce Housing Expedited Page 16 July 24-25, 2007 Review Program projects and to establish a regulatory process program; and providing for codification of this policy and procedures Resolution 2007-176 19) Recommend the Board of County Commissioners approve the authorization of expenditure of funds beyond the $50,000 dollar limit contained in the Purchasing Policy for the required legal advertisement of the Growth Management Plan (GMP) Amendments, the Annual Update and Inventory Report (AUIR), the Horizon Study Master Committee, the Rural Lands Stewardship Area 5- Year Review Committee and various other items managed by the Comprehensive Planning Department which requires legal advertising 20) Recommendation to approve Supplemental Amendment No.3 to the Inter-local Agreement with the City of Naples and Change Order No. 4 to the "One Hundred (100) Year Flood Elevations for Five (5) Basins in Collier County" Agreement with Tomasello Consulting Engineers, Inc. for additional costs and time incurred and anticipated to occur in the development of new Flood Insurance Rate Maps As detailed in the Executive Summary 21) Recommendation to approve the Release and Satisfactions of Lien for Payments (11) received for the following Code Enforcement actions: Wilkinson-Meffert Construction Company, Inc. At a cost of $110.00 for recording ($10.00 per release) B. TRANSPORTATION SERVICES 1) To present to the Collier County Board of County Commissioners for approval, the paratransit operators selected by McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b/a! Collier Area Transit to perform paratransit services in Collier County Resolution 2007-177 2) Recommendation for the Board of County Commissioners to approve renaming the Gordon River Water Quality Park, located at the corner of Goodlette-Frank Road and Golden Gate Parkway, to Freedom Park Resolution 2007-178 Page 17 July 24-25, 2007 3) Recommendation to approve and execute a contract extension between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $264,20 1 for the provision of transportation for qualified Medicaid recipients 4) Recommendation to approve selection of Dyer, Riddle, Mills and Precourt, Inc., a qualified firm and award a Contract Under RFP #07- 4106, "North-South Corridor Study East of CR951", for Project Number 601041 in the total amount of $748,731.36, and approve all necessary budget amendments To evaluate the feasibility and potential transportation impact of a new corridor east of c.R. 951 from Wilson Boulevard/Golden Gate Boulevard to U.S. 41 5) Recommendation to approve a Resolution authorizing implementation of school zone speed limit reductions to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons at two locations at a cost of $26,000 Resolution 2007-179 Continued to the September 11,2007 Meeting 6) Recommendation that the Board of County Commissioners approve the attached Budget Amendment and Reimbursement to Bayvest, LLC., and to authorize the Chairman of the Board of County Commissioners to execute said reimbursement to Bayvest, LLC. in which Collier County would be responsible for a total estimated cost of $99,125.21 for design and construction of the pole relocation Located in the Heritage Bay access point to Immokalee Rd. 7) Recommendation for the Board of County Commissioners to authorize certain designated County Transportation officials to certify disbursements to the Florida Department of Transportation; superseding Resolution No. 2004-76 Resolution 2007-180 8) To Advise the Board of County Commissioners of Staffs Release of Certificates of Occupancy on Stipulated Motion to Issue Letter of Credit and to Proceed with Mediation or Other Alternatives in the County's PUD dispute with Lucky M.K., INC. a Florida Corporation Within the Next 24 Months Page 18 July 24-25, 2007 9) Recommendation to award bid #07-4149 "Floridan Avenue" for construction of sidewalk improvements on Floridan A venue from Confederate Drive to Broward Street to Neubert Construction Services, Inc. in the amount of$367,190.00 and approve a budget amendment in the amount of $24,391.53 (Project #601201) 10) Recommendation to accept the highest bid and approve and execute the attached Real Estate Sales Agreement for the sale of a single family residence on 2.27 acres in Golden Gate Estates to the First Baptist Church of Golden Gate. (Fiscal Impact $0) Located at 5605 Painted Leaf Lane 11) Recommendation to award Bid No. 07-4161 to Haskins Inc. for the Cypress Way East and Ibis Way Crossing Stormwater Improvements, Number 510141 with the base amount being $696,250.00 and a Contingency for Unforeseen Conditions in the amount of $50,000 for a total amount of$746,250.00 12) Recommendation to award Bid No. 07-4154 to Posen Construction, Inc. for the Fish Branch Basin Culvert Extension, Project Number 510211 and 510212 with the base amount being $431,01 0.50,plus Bid Alternatives being a total of $21 ,800.00 and a Contingency for Unforeseen Conditions in the amount $50,000 for a total amount of $502,810.50 C. PUBLIC UTILITIES 1) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for Solid Waste residential accounts wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-181 Page 19 July 24-25, 2007 3) 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 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien Resolution 2007-182 4) 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 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-183 5) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2007 tax year. The fiscal impact is $18.50 to record the Resolution Resolution 2007-184/CWS Resolution 2007-3 6) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.00 to record the Satisfactions of Lien 7) 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 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien Resolution 2007-185 8) 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 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-186 9) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has Page 20 July 24-25, 2007 received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-187 10) 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 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-188 11) 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 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien Resolution 2007-189 12) Recommendation to award Work Order CDM-FT-3593-07-04 to Camp Dresser & McKee, Inc., (CDM) for continuing professional engineering and program management services for the Well Field Reliability Improvements and Expansion Program in the time and materials not-to-exceed amount of$748,000 , Project Number 75005 13) Recommendation to waive competitive bid process and approve a sole source purchase of valves to Fluid Control Specialties, Incorporated in the estimated amount of $500,000 14) Recommendation to approve the acquisition of a Utility Easement for the operation and maintenance of a potable water pipeline, and access, on property owned by Rose M. Briggs and David A. Salinas in the Henderson Creek Park Subdivision at an estimated cost not to exceed $4,500, Project Number 710101 15) Recommendation to award bid #06-4061R "Collection and Recycling Latex Paint" to Scott Paint Company, Inc. for the purchase of recycling latex paint To aid in preserving landfill space and protecting the environment Page 21 July 24-25, 2007 16) Recommendation to approve the conveyance of the fire suppression facilities installed by the Collier County Water-Sewer District ("District") to convert fire protection within Pelican Bay from irrigation water to potable water for an estimated cost not to exceed $4,664, Project #740231 17) Recommended to award bid #07-4151 "Annual Contract for Sale of Baled Corrugated and White Goods" to Garden Street Paper Products for Baled Corrugated (cardboard) and Mike Anderson's Hauling for White Goods (appliances) 18) Recommendation to approve the acquisition ofa Utility Easement for the operation and maintenance of a potable water pipeline, and access, on property owned by Borah Partners, LLC near the Henderson Creek Park Subdivision at an estimated cost not to exceed $12,000, Project Number 710101 19) Notice of cancellation of two grant contracts issued by the South Florida Water Management District to Collier County Public Utilities for FY 2007 The Reclaimed Water Booster Pump Station (North-South) Interconnect Pipes under Livingston Road, Project #74076 cancelled due to project design changes from micro-tunneling to open trenching The Northeast Water Treatment Plant (Phase IB) Test Well Program, Project #70899 cancelled due to the quotations came in at over twice the budget 20) Recommendation to approve Work Order #UC-QE-FT-3535-07-07 in the amount of $407,625.75 to Quality Enterprises USA Inc. for Pump Station 312.12 improvements under contract 04-3535 Annual Contract for Underground Utility Contracting Services, Project 72546 Located in Kings Lake 21) Recommendation to approve Work Order #UC-QE-FT-3535-07-07 in the amount of$403,006.25 to Quality Enterprise USA, Inc., for Pump Station 107.02 Improvement under contract 04-3535 Annual Contract for Underground Utility Contracting Services, Project 72546 Located in Quail Creek Page 22 July 24-25, 2007 22) Recommendation to award contract 07-4081 to Creative Information System - SMS Turbo for the purchase of a Solid Waste Material and Financial Management software system; approval to purchase the required hardware; and authorize budget amendments for $40,000. Total cost is $231,956 (Project number 59010). D. PUBLIC SERVICES 1) Recommend approval of Proposal dated May 4, 2007 under Contract 05-3657 and necessary Work Order subsequent to approval with Johnson Engineering to provide planning, environmental and engineering support for Connor Park Expansion Study Proposal for time and material not to exceed $15,000 and all necessary budget amendments For a possible addition of a boat dock along Turkey Bay or the adjoining channel 2) Recommend approval of Work Order CPE-FT-07-06 under Contract 06-3902 with Coastal Engineering (CP&E) for the 1st annual biological monitoring of the Near Shore Hard Bottom and the post construction biological survey of the Artificial Reeffor time and material not to exceed $349,837.55 and authorize the County Manager or his designee to sign Work Order No. CPE-FT-07-06 (Project No. 900331 ). 3) Recommend approval ofTDC Category "A" Grant Applications from Fund 183 and 195 for The City of Naples, The City of Marco Island and Collier County for FY-07/08 for a total amount of$9,694,133 and approve all necessary grant agreements per County Attorney approval. As detailed in the Executive Summary 4) Recommend approval ofa Budget Amendment for Work Order CPE- FT-3902-07-08 in the amount of$122,624 for a Time & Material Not- To-Exceed proposal from Coastal Planning and Engineering (CP&E) under Professional Services Contract 06-3902 to conduct off-shore sand source investigation (Project 902981). To re-nourish the beach in an emergency situation Page 23 July 24-25, 2007 5) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a $150,000 loan of State Housing Initiative Partnership (SHIP) funds for the construction of a new affordable housing unit Located in Copeland 6) Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the 2008 State of Florida Challenge grant application to the Department of Community Affairs Office on Homelessness 7) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a $77 ,000 loan of State Housing Initiative Partnership (SHIP) funds for the construction of a new affordable housing unit. To the One By One Leadership Foundation located in Immokalee 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mario Sylvain and Viergelie Thomas Sylvain (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7, Milagro Place Total amount being deferred $19,290.73 9) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amendment to extend the timeline for an existing Subrecipient Agreement with Shelter for Abused Women & Children, Inc. using Community Development Block Grant (CDBG) funds for housing infrastructure for transitional housing units to be used for income eligible clients leaving the Shelter's facility 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Elva Moreta (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at West 75' of the East 150' of Tract 83, Unit 62, Golden Gate Estates Total amount being deferred $19,273.98 Page 24 July 24-25, 2007 11) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an amended HOME Subrecipient Agreement with Big Cypress Housing Corporation, Inc. to adjust the construction timeline and budget for a 55 unit, multi-family rental housing complex for legal migrant and seasonal farmworkers in Immokalee. 12) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Big Cypress Housing Corporation, Inc. for $192,000 in Community Development Block Grant (CDBG) funds to be used for the development and construction of 55 multi-family rental housing units for legal migrant and seasonal farm workers in lmmokalee. 13) Recommendation to repeal Resolution No. 2006-101 and Adopt the Attached Revised Resolution that lists new fines and fees for Collier County Public Library Resolution 2007-190 14) Recommendation to approve budget amendments transferring $137,900 in summer camp expenses, $15,500 in reserves and $153,400 in summer camp revenue from fund 130 to fund 111 To help provide summer camp at 13 sites through Collier County 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Gary Hildebrandt (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75' of the West 150' of Tract 12, Unit 79, Golden Gate Estates Total amount being deferred $19,273.98 16) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign a grant agreement accepting one Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $35,816; and approve an associated budget amendment of$35,816 recognizing the funding associated with the grant award Page 25 July 24-25, 2007 17) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Shelter for Abused Women & Children, Inc. for $35,816 in Continuum of Care funding to support the shelter operations 18) Recommend approval of 10- Year Capital Plans prepared for Beach RenourishmentlPass Maintenance Fund (195) and Beach Park Facilities Fund (183). 19) Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $575,500, Project 80060 For the expansion of beach and boat ramp access opportunities for the community at 1812 Danford Street 20) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing the Collier County Housing Development Corporation (CCHDC) with a Community Housing Development Organization (CHDO) operating grant, in the amount of$35,894 from the Home Investment Partnership (HOME) program Providing housing services in low income areas of the community 21) Recommendation to approve an award ofIntroductory-Level Geographic Information System (GIS) software, valued at $100,000, for Collier County 4-H clubs To help clubs to develop projects using GIS in area of improved emergency preparedness, environmental conservation, public safety, and enhanced community resource education 22) Recommendation to approve Grant Agreement number 06163 in the amount of $20,000 from the Florida Boating Improvement Program Grant Program for the removal of derelict vessels Moved to Item #10L 23) Request to the Board of County Commissioners for direction on amending Chapter 98 Article 3 Code of Laws and Ordinances (also known as Collier County Ordinance #90-9, Section 3) to provide for alcoholic use/sales at Clam Pass Park Page 26 July 24-25, 2007 24) Recommendation to approve resolution that supports assessment of a pass-through user fee associated with the use of Parks and Recreation Internet registration service Resolution 2007-191 Moved to Item #10M 25) Recommendation to approve resolution that supports Alternative A of the Everglades National Park's General Management Plan (GMP) 26) Recommendation to approve a temporary use permit for an All Terrain Vehicle (A TV) park on leased land associated with Supplemental Agreement between the Board of County Commissioners and South Florida Water Management District (SFWMD) until May 31, 2008 with eligibility for a 6 month extension. 27) Recommendation to approve a Consent to Use Agreement with the Collier County Airport Authority (CCAA) for an undeveloped portion of the Immokalee Regional Airport for recreational purposes Including passive recreational uses and temporary short-term activities such as festivals, charitable events and concerts E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a continuation of the Conservation Collier Interim Management Plan for Otter Mound Preserve to December, 2007 2) Recommendation to approve Change #20 to Contract #02-3422, "Professional Architectural Services for New County Fleet Facility", with Disney & Associates, P.A., to provide construction phase services for the Fleet Facility, project 52009, Phase II in the amount of $136,150 Located on County Barn Road 3) Recommendation to approve a First Amendment to Lease Agreement with Islands and Highlands, LLC for the continued use of an office and garage/warehouse space used by the Sheriffs Office, at a first year's cost of$67,468.56 Page 27 July 24-25, 2007 4) Recommendation to approve the conveyance of an Easement to Florida Power & Light Company (FPL) for providing electric service to the Board of County Commissioner's Fleet Facility and Sheriffs Fleet Facility at 2901 County Barn Road, at a cost not to exceed $27.00, Project number 52009 5) Recommendation to approve an Assignment of Lease with Alan and Patricia Boole to A & P Boole, LLC, concerning a Lease Agreement naming Collier County as Lessee, with no annual cost Located on Arnold Avenue Moved to Item # 10K 6) That the Board of County Commissioners approves the award Bid 07- 4127 for Office Supplies to Corporate Express F. COUNTY MANAGER 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. a) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jeanne Jean and Grandoit Jean (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 12, Milagro Place. (Public Services) Total amount being deferred $19,311.96 b) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Adolfo Tinoco and Margarita Tinoco (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 116, Trail Ridge Naples. (Public Services) Page 28 July 24-25, 2007 ~-._-_.._-_..."-~----' Total amount being deferred $13,616.20 c) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Naomi Valdez (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 147, Independence Phase II. (Public Services) Total amount being deferred $10,177.64 d) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ronda Lofton (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 148, Independence Phase II. (Public Services) Total amount being deferred $10,177.64 e) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Midouin and Jn Robert Jn Baptiste (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 149, Trail Ridge, Naples. (Public Services) Total amount being deferred $12,143.84 f) Recommendation to Reject Bid No. 07-4115 for "US 41 (Tamiami Trail) & SR 84 Davis Boulevard Roadway Lighting Maintenance Contract". (Transportation) g) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Regina Rhodes (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located Lot 200, Trail Ridge, Naples. (Public Services) Total amount being deferred $19,372.52 h) Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Page 29 July 24-25, 2007 Plan made from April 1, 2007 through June 15,2007. (Administrative Services) i) Recommendation to recognize additional revenue in the amount of$913 and approve a budget amendment to increase the Retired Senior Volunteer Program (RSVP) budget. j) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. Report cover the period May 22, 2007 through June 20, 2007 k) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2007-174 Adopted on July 10,2007; Ratified on July 24, 2007 2) Approve Budget Amendments BA #07-418, BA #07-420, and BA #07-461 3) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and The Shepherd of the Glades Lutheran Church To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities 4) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and First Church of Christ Scientist To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities 5) Recommendation to approve Memorandum of Understanding for Page 30 July 24-25, 2007 emergency situations between Collier County and United Way of Collier County To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities 6) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and I HOPE (IMMOKALEE HELPING OUR PEOPLE IN EMERGENCIES) To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities 7) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Marco Island YMCA To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution offood, water, supplies and/or other items for temporary relief activities 8) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Naples United Church of Christ To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities 9) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and American Red Cross of Collier County To provide both public and private relief/disaster services under the direction or guidance of Collier County authorities for the distribution of food, water, supplies and/or other items for temporary relief activities Page 31 July 24-25, 2007 10) Recommendation to approve a Resolution providing for user fees for Collier County ambulance services, up-dated billing and collection procedure, up-dated hospital transport billing and fees, adjustments of EMS user fees pursuant to Collier County Ordinance No. 96-36, waiver of EMS user fees for special events, and a procedure for approving hardship cases and payment plans; superseding Resolution No. 06-222; and providing for an effective date Resolution 2007-192 11) Recommendation to award RFP# 07-4152, Auditing Services for Collier County to Ernst & Young LLP subject to successful negotiations (Estimated First Year Cost $ 560,000). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) 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: 3024 Van Buren Avenue ($90,000). 2) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) for 2675 Bayview Drive Naples, Florida 34112 within the Bayshore Gateway Triangle Community Redevelopment area Located at 2675 Bayview Drive 3) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot 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$99,000 plus cost and expenses to complete Page 32 July 24-25, 2007 the sale of subject property; and approve any and all necessary budget amendments. Site address: 4032 Full Moon Court ($99,000). 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: 3016 Van Buren Avenue ($90,000) 5) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) Samuel and Kasthia Aleman d/b/a S & K Realty, LLC. for 2727/2737 Bayshore Drive Naples FL 34112 within the Bayshore Gateway Triangle Community Redevelopment area. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request's Board approval for reimbursement for attending a function serving a valid public purpose. Attended the PRACC (Public Relations & Advertising Professionals of Collier County) Luncheon on June 21, 2007, at the Collier Athletic Club; $20.00 to be paid from Commissioner Fiala's travel budget 2) Commissioner Fiala requests Board approval for attending a function serving a valid public purpose. Will attend the Youth Haven Night at Villa Venezia on Sunday, July 29, 2007, at the Van Hoesen Estate Home in Marco Island; $75.00 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 Page 33 July 24-25, 2007 1) To obtain board approval for disbursements for the period of June 16, 2007 through June 22, 2007 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of June 23, 2007 through June 29, 2007 and for submission into the official records of the Board. 3) To obtain board approval for disbursements for the period of June 30, 2007 through July 06, 2007 and for submission into the official records of the Board. 4) Request that the Board of County Commissioners accepts and approves asset disposition records for the time period April 1, 2007 through June 30, 2007. As detailed in the Executive Summary 5) Recommendation that the Board of County Commissioners approve and sign the State of Florida Annual Local Government Financial Report for the Fiscal Year 2005-2006 as required by Florida Statute 218.32. 6) Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,000,000. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment for Parcel 129 in the lawsuit styled Collier County v. West Coast Development Corporation of Naples, Inc., et aI., Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $0) 2) Recommendation to approve the Offer of Judgment in the amount of $9,000 as to Parcel 168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $2,246.80) 3) Recommendation to approve settlement in the lawsuit entitled Collier County, Florida vs. The Estate ofOmar Fernandez, et aI., filed in the Page 34 July 24-25, 2007 Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0705-CC for $7,465.00. 4) 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 a!., Case No. 02-5167-CA (Immokalee Road Project #60018) (Fiscal Impact: $6,400.00). 5) Recommendation that the Board of County Commissioners Approve an Interlocal Agreement Between the City of Naples and Collier County for Contractor Licensing by Collier County. 6) Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 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 $10,100.00) 7) 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 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2007-193 8) 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 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2007-194 9) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2007-195 10) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has Page 35 July 24-25, 2007 received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien Resolution 2007-196 11) Recommendation that the Board of County Commissioners and the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District approve a Settlement Agreement and Release with Professional Service Industries, Inc., relating to the project known as the Collier County Landfill Scale House, Contract No. 03-3427 and Project #59005, and authorize the Chairman to execute the attached Settlement Agreement and Release. 12) Recommendation to approve settlement in the lawsuit entitled Doris McDonald, individually and as Personal Representative of the Estate of David McDonald, deceased vs. Collier County, et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 05-486-CA, for $1,000.00. 13) Recommendation to approve settlement in response to the United States Environmental Protection Agency Notice of Violation of the Federal Clean Water Act for the September 22,2005, unleaded gasoline overspill/discharge at Collier County's Caxambas Park. ($9,601.00) 14) Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor security recommended alterations of the office space allocated to the Office of the County Attorney at the Community Development and Environmental Services building. ($7,000) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPRO V AL 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 Page 36 July 24-25, 2007 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. Moved to Item # 8D A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to reject approval of Petition A VPLA T-2007-AR-11341, Lot 24, Villa Floresta at Wyndemere, Phase 2, to vacate the County's and the Public's interest in a portion of a platted drainage easement running along the easterly side of Lot 24, Villa Floresta at Wyndemere, Phase 2, a subdivision located in Section 19, Township 49 South, Range 26 East, as recorded in Plat Book 15, Pages 102-103 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit "A" 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-l1083, to disclaim, renounce and vacate the County's and the Public's interest in a 15 foot wide drainage easement along the common boundary line between Lot 46 and Lot 47, Turner Oak Hill Estates, Inc. - First Addition, a subdivision as recorded in Plat Book 9, Page 115 ofthe Public Records of Collier County, Florida, situated in Section 23, Township 50 South, Range 25 East, Collier County, Florida, and being more specifically described in Exhibit "A" and to accept a replacement drainage easement, as described in Exhibit "B" in place of the vacated easement. Resolution 2007-197 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2005-AR- 8479 (NG) Southeastern Association of Seventh Day Adventists, Inc., represented by Fred Learned, LA of Community Engineering Services, Inc. requesting a Conditional Use in the Village Residential (VR) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The l.OU: acre VR zoned site is proposed to permit a Church with a maximum of 4,250 square feet of floor area. The subject property is located at 745 5th Street South, Immokalee, in Section 9, Township 47, Range 29, in Collier County, Florida. Resolution 2007-198 Page 37 July 24-25, 2007 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2007-AR-11653, to disclaim, renounce and vacate the County's and the Public's interest in the following easements; 15 foot wide drainage easements being 7.5 feet each side of and along the common lines of Lots 26 & 27, 30 & 31 and 37 & 38, also a 15 foot wide drainage easement along the north line of Tract "G", all part of Block 106 according to the plat thereof known as Twineagles Phase Two B, a subdivision as recorded in Plat Book 47, Pages 23 thru 39 of the Public Records of Collier County, Florida and being more specifically described in Exhibit "A" and accepting replacement drainage easements at alternate locations, as more specifically described in Exhibit "B", in place of the vacated easements. Resolution 2007-199 E. This item requires that all participants sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VPLAT-2007-AR-l1097, Heritage Bay Commons, to disclaim, renounce and vacate the County's and the Public's interest in all of Tract "L- 1" and the underlying lake, drainage easement and lake maintenance easement, and also the temporary access easement over Tract "E", Heritage Bay Commons, a subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida, situated in Section 14 & 23, Township 48 South, Range 26 East, Collier County, Florida, as specifically described in Exhibit "A"; and accept a replacement drainage easement and additional drainage and access easements, being more specifically depicted and described in Exhibit "B" Resolution 2007-200 F. Recommendation That The Board of County Commissioners Approve a Final Resolution In Accordance With Resolution 2005-385A, Approving The Final Roll And Assessment Concerning The Project To Restore The Lake Between 107th Avenue North And 108th Avenue North Within The Naples Park Lake Municipal Services Benefit Unit. Resolution 2007-201 G. Request to Approve an Amendment to Subsection Five E of Collier County Ordinance No. 2001-55, as amended, to Allow Candidates who are seeking Page 38 July 24-25, 2007 Re-Election and Are Already Serving on County Advisory Boards to Remain Serving during their Candidacy for Re-election. Ordinance 2007-58 18. ADJOURN INOUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 39 July 24-25, 2007