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Recap 10/22/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 22, 2002 9:00 a.m. 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. COLLIER COUNTY ORDINANCE NO. 99-22 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, 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 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 1 October 22, 2002 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Andrew Malarz, St. Peter the Apostle Catholic Church 2. AGENDA AND MINUTES Ao Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 Be C. D. E. F. G. H. I. September 18, 2002 - Budget Hearing September 24, 2002 - Regular Meeting September 27, 2002 - Concurrency and LDC Workshop September 27, 2002 - Emergency Mosquito Control Meeting September 30, 2002 - CRA Meeting October 2, 2002 - Value Adjustment Board October 3, 2002 - Value Adjustment Board October 4, 2002 - LDC Workshop Approved as presented - 5/0 SERVICE AWARDS Presented e Twenty-Five Year Attendees: 1) Bonnie Fauls, University Extension 2) Thomas Mitchell, Ochopee Fire Department PROCLAMATIONS A. Proclamation for National Epilepsy Awareness Month. To be mailed to recipient 2 Octobor 22, 2002 Adopted - 5/0. Be Proclamation to designate October 19-27, 2002 Red Ribbon Week. accepted by Paula Arrubla, Bob Hignite and Betty Whitmore. Adopted - 5/0 To be Ce Proclamation to designate the month of November as Collier County Adoption Month. To be accepted by Debbie Allen and Terry Iamurri. Adopted - 5/0 De Proclamation to recognize all the individuals and agencies that participated with the Alligator Alley incident on September 13, 2002. To be accepted by Sheriff Don Hunter. Adopted- 5/0 5. PRESENTATIONS Added: A. Presentation by Guy Carlton, Tax Collector Check in the amount of $1,258,866.50 Presented 6. PUBLIC PETITIONS Ae Public Petition Request by Jim Kramer to discuss items outlined in his fax request. Discussion re Consolidation of Independent Fire Districts; Discussion re County Cable TV sponsoring debate between District 2 candidates; Discussion re towing overcharge (Ord. 99-38); Chaos in Copeland created by alleged hepatitis outbreak Be Public Petition Request by Ms. Ruby Hampton to discuss auto claim/damage to vehicle. Discussion re damage to vehicle as a result of large pothole - Staff to work with Ms. Hampton and come back to the Board with a recommendation 7. BOARD OF ZONING APPEALS Ae ADA-2002-AR-3030 Richard D. Yovanovich of Goodlette, Coleman and Johnson, representing William T. Higgs, requesting an Administrative 3 October 22, 2002 Appeal to Official Interpretation INTP-2002-AR-2421 concerning landscape buffer requirements for the White Lake PUD per Land Development Code Division 1.6. Staff's Interpretation upheld - 3/2 (Commissioners Coyle and Henning opposed) Continued to November 19, 2002: B. This item has been continued from the September 10, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR- 2015 Austin White, of Becket and Poliakoff, P.A., representing Unit Owners of the Manatee Resort Condominium Association, requesting relief in the RT Zoning District from the 500 Square Foot Maximum Size for a Hotel Unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the North 50 feet of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, Collier County, Florida. Ce Do This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2392 Gerald A. McHale, Jr., Trustee, Naples Gateway Land Trust, requesting a variance from PUD Ordinance 2000-14, Section IV., 4.13, Landscaping and Buffering, Item (2), which requires a 1 O-foot wide type A Buffer along the Eastern Project Perimeter Boundary, to allow a 2.0-foot wide buffer area along the Western edge of the sidewalk adjacent to the North-South portion of the access way connecting to the Raggae PUD. Res. 2002-437 with staff recommendations included - Adopted 5/0 This item has been continued indefinitely. VA-2001-AR-1205, Vince Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Shane Alan McIntosh, requesting a 7-foot variance from the maximum height requirement of 35 feet in the C-2 zoning district to 42 feet and a 41-foot variance from the Corridor Management Overlay District (CMO) setback from Goodlette-Frank Road of 100 feet (50 feet plus 25 feet for each additional floor) for a proposed 3-story commercial building located on the Northwest corner of Goodlette-Frank Road and 13th Avenue North, further described as Section 34, Township 49 South, Range 25 East, Collier County, October 22, 2002 Se Florida. (Companion to Item 8C: RZ-01-AR-1204) ADVERTISED PUBLIC HEARINGS Ao This item has been continued from the September 10t 2002 BCC Meeting and is further continued indefinitely. RZ-2001-AR-1595, James G. O'Gara o£ Marquette, Development Company, representing Golden Gate Capital Ltd., requesting a rezone from RSF-3 to RSF-5 £or a seventeen-lot single-family home subdivision on 4.26+/- acres on 2951 44th Terrace SW, further described as Golden Gate Unit 3, Block 103, as recorded in Plat Book 5, Pages 97-105, Collier County Records in Section 27 Township 49 South, Range 26 East, Collier County, Florida. Be This item has been continued from the September 10t 2002 BCC Meeting and is further continued indefinitely. RZ-2001-AR-1596, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital, Ltd., requesting a rezone from RSF-3 to RSF-5 for a thirteen-lot single-family subdivision on 3.15+ acres located at 4501 30th Avenue SW in Golden Gate Unit #3, Block 4, Parcel 1, as recorded in Plat Book 5, Pages 97-105, Collier County Records, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-01-AR- 1204, Vincent A. Cautero of Coastal Engineering Consultants, Inc., representing Shane Alan McIntosh, requesting a rezone from "C-1" and "RSF-4" Residential Single Family Zoning District to the "C-2" Commercial Convenience Zoning District for prope ~1~ located at the Northeast Comer of Goodlette-Frank Road (CR-851) and 13th Avenue North in Section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting o£ 1.15 acres more or less. (Companion to Item 7D: VA-2001-AR-1205) Ordinance 2002-53 with conditions as outlined by staff and with companion item (#7D) being removed from agenda - Adopted 5/0 De This item has a Time Certain of 1:40 p.m.: Collier County Growth Management Plan (GMP) Amendments as a result of the Rural and Agricultural Assessment for the Eastern (Rural) Lands Portion of the Assessment Area, including some Amendments applicable to the Entire Unincorporated Area of Collier County, Except the Rural Fringe Portion of the Assessment Area (Adoption Hearing). 5 October 22, 2002 e 10. Ordinance 2002-54 - Adopted 5/0 BOARD OF COUNTY COMMISSIONERS Appointment of Commissioner to the Southwest Florida Regional Planning Council. Res. 2002-438 appointing Commissioner I-Ienning - Adopted 5/0 Appointment of member to the Immokalee Enterprise Zone Development Agency. Res. 2002-439 appointing Ann Olesky - Adopted 5/0 C® Appointment of member to the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. Res. 2002-440 appointing Ed Carlson - Adopted 5/0 De Discussion regarding alternatives to condemnation to lower right-of-way costs. (Commissioner Coyle.) Staff directed to create a sub-committee with Commissioner Coyle as Chair me This item has a Time Certain of 1:30 p.m.: Discussion regarding Tim Nance's 1000 tree donation offer for the Golden Gate Boulevard median. (Commissioner Coletta) Donation accepted with Tim Nance directed to work with staff and come back with proposal for upkeep charges - Approved 5/0 Appointment of members to the Parks and Recreation Advisory Board. Res. 2002-441 appointing John MacDougall and readvertising for 2nd member - Adopted 5/0 Ge The Annual Performance Appraisal for the County Attorney. (Commissioner Coletta) Tabled, to be brought back later in the meeting; Issue of Senior Management position to be added to Delegation Agenda (Consensus). 2.1% COLA Approved - 5/0 the Legislative COUNTY MANAGER'S REPORT 6 October 22, 2002 Ao Be Ce De This item continued from the October 8, 2002 BCC Meeting. Approve amended Median Landscaping Agreement between Collier County and the Vineyards Development Corporation in the amount of $80,000. (Norman Feder, Administrator, Transportation Services) Approved 4/0 (Commissioner Carter out) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Right-of-Way and Stormwater Retention and Treatment pond sites in Fee Simple Title, as well as Perpetual, Non-Exclusive Road Right-of-Way, Drainage and/or Utility Easements, and Temporary Driveway Restoration Easements, and Temporary Construction Easements, which will be required for the construction of Roadway, Drainage, and Utility Improvements for the Santa Barbara/Logan Boulevard Road Improvement Project from Davis Boulevard to North of Pine Ridge Road (Project No. 62081), Fiscal Impact: $11,914,000. (Norman Feder, Administrator, Transportation Services) Res. 2002-442 - Adopted w/changes - 5/0 Award a Bid 02-3424 in the amount of $12,495,051.66 to Ajax Paving Industries Inc., and allocate $600,000.00 for contingency purposes to construct the proposed Goodlette-Frank Road project from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. (Norman Feder, Administrator, Transportation Services) Awarded - 5/0 Award a Construction Contract in the amount of $28,986,526.90 to APAC- Florida, Inc., and allocate $1,000,000.00 for Contingency Purposes to construct the proposed Immokalee Road Four Lane Widening, from CR 951 to 43ra Avenue NE, Project No. 60018. (Norman Feder, Administrator, Transportation Services) Awarded - 5/0 Presentation of Collier County's 2002-2003 Legislative Agenda for the Board of County Commissioner's Approval. Issue #1 - Approved - 3/2 (Commissioners Henning and Coyle opposed); Issue #2 - Approved - 5/0 Issue #3 - Approved - 4/1 (Commissioner Carter opposed) Issue #4 - Denied - 5/0 Issue #5 through Issue #7 - Approved 5/0 Issue #8 - Denied - 4/0 (Commissioner Henning out) 7 October 22, 2002 Fo Issue #9 through Issue #12 - Approved 5/0 Approve Developer Contribution Agreement with Collier Land Development, Inc., for Road Impact Credits and Future Cash Reimbursement subject to Developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Moved from Item #16Bl: G. No. 60027 Approve an Agreement with the Florida Department of Transportation to receive $7,450,000.00 in Transportation Outreach Program (TOP) Funds for costs directly related to the widening of Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santa Barbara Boulevard and the construct/on of a Grade Separated Overpass at Airport Pulling Road and Golden Gate Parkway, Project. Approved - 5/0 Moved from Item #16E3: H. Approve a Lease Agreement with Naples Town Center Association, Ltd., for space to be used by the Sheriff's Office for a remote closed circuit visitation center, at a first year cost of $22,245.60. Continued for a couple more weeks to look at alternate sites - 5/0 Moved from Item #16B8: I. Recommendation to approve a mutually beneficial agreement between Outdoor Resorts of America, Inc., and Collier County to manage stormwater for property along Immokalee Road in the amount of $105,920.00 (Project No. 60018). Approved - 5/0 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY,S REPORT Ae This item has a Time Certain of 12:00 Noon: Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss Settlement Proposal/Litigation Expense Issues in .4quaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States Dist/ict Court 8 October 22, 2002 13. Added: A. 14. 15. for the Middle District of Florida. (David Weigel, County Attorney) For the Board of County Commissioners to provide direction to Outside Counsel, Ted Tripp, Esquire, and the Office of the County Attorney as to any settlement proposal/litigation expense issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida, following the Mediation of October 19, 2002. (David Weigel, County Attorney) Staff directed to continue to negotiate to resolve both lawsuits - Approved 4/0 (Commissioner Fiala out) OTHER CONSTITUTIONAL OFFICERS New precinct lines to correct mapping errors and improve access to polling place. (Supervisor of Elections) Res. 2002-443 - Adopted 5/0 AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. SAP Update by Steve Carnell, Director, Purchasing Department. Presented Be Ce Discussion by Joe Schmidt re appeal of Flood Elevation Maps. To be brought back to the Board at the November 19, 2002 meeting. Discussion re Mr. Kramer's complaint against Mr. Hammond 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 9 October 22, 2002 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Be 1) Petition CARNY-2002-AR-3192, Joseph C. Delfino, Second Vice- President of the Naples Italian American Club, requesting a Permit to conduct a carnival from October 31, 2002 through November 3, 2002 on the Naples Italian American Club Property located at 7035 Airport Road North. Carnival Permit 2002-08 2) Approve the compromise of a Code Enforcement Lien imposed in CEB Case entitled Collier County v. Roland Surin and Zelta Robinson, CEB Case No. 99-067 (amount $5,803). 3) To receive an exception to CMA Instruction 5341 Section 17 (b), for the hours applicable for shift differential pay. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-053 styled Board of County Commissioners Collier County, Florida vs. Chad Dutton regarding violation to Ordinance No. 91-102, Section 3.9.3 as amended of the Collier County Land Development Code. 5) Approval of three (3) impact fee refund requests totaling $10,355.46 due to cancellation of building permits. Kenmark Construction, Inc. ($3,070.82), Bay Builders of Bonita Springs, Inc. ($4,238.82) and James E. Hirst ($3,045.82) 6) Request to approve for recording the Final Plat of "White Lake Corporate Park, Phase Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations 7) Recommendation that the Board of County Commissioners approve an Amendment to Contract 99-2976 (Community Character Master Plan) with Dover, Kohl, and Parmers for the development of a Naples Park Community Plan in the amount of $211,370 which has already been budgeted. TRANSPORTATION SERVICES l0 Octobor 22, 2002 Moved to Item//10G: 1) No. 60027 Approve an Agreement with the Florida Department of Transportation to receive $7,450,000.00 in Transportation Outreach Program (TOP) Funds for costs directly related to the widening of Golden Gate Parkway from four to six lanes from Airport Pulling Road to Santa Barbara Boulevard and the construction of a Grade Separated Overpass at Airport Pulling Road and Golden Gate Parkway, Project. 2) Approval of an Equipment Loan Agreement with 3M Traffic Control Materials Division for the use of an HSRA-48C Squeeze Roller Applicator used for sign sheeting applications at no cost to the County. 3) Request that the Board direct staff to form a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving a portion of South Eighth Street and Doak Avenue Extension in Immokalee. 4) Request that the Board direct staff to form a Municipal Service Taxing and Benefit Unit (MST/BU) for the purpose of improving Little League Road in Immokalee. 5) This item continued from the October 8~ 2002 BCC Meeting. Approve Change Order with APAC, Inc. for roadway improvements on the North 11 th Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. 6) A Resolution to prohibit the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of one (1) ton from through-movements on certain streets in the Northern High Pointe Neighborhood. Res. 2002-432 7) Removal of a non-warranted traffic signal from the Intersection of Goodlette-Frank Road at the driveway to the Royal Poinciana Golf Club. Removal of the traffic signal poles and equipment will cost approximately $5000. Res. 2002-433 October 22, 2002 Moved to Item #10I: 8) Recommendation to approve a mutually beneficial agreement between Outdoor Resorts of America, Inc., and Collier County to manage stormwater for property along Immokalee Road in the amount o£ $105,920.00 (Project No. 60018). 9) This item continued from the October 8, 2002 BCC Meeting. Approval to utilize insurance proceeds to purchase two reconditioned Transit Buses and other support equipment in the amount o£ $91,853.34 From CoachCrafters, Inc. 10) Approve Developer Contribution Agreement with First Baptist Church of Naples Inc., for road impact credits and cash subject to Developer complying with all conditions of the agreement (estimated at $668,056.81). 1i) Approve a Budget Amendment request to transfer $250,000.00 from Transportation Gas Tax Reserves for Marco Island Projects from Fiscal Year 2002. Ce PUBLIC UTILITIES 1) Award Contract for annual maintenance of Chlorinator Equipment to Water Treatment and Controls Company in the estimated amount of $100,000. Bid Number 02-3417 2) Approval of Budget Amendment to transfer funds from Reserves in the amount of $381,400 to correctly fund the payment of County Water and Sewer District in lieu of taxes (PILT) in the FY 03 Budget. 3) Approve funding in the amount of $132,600 to upsize the Wastewater Force Main to the North Naples Regional Park. 4) Award Annual Bid #02-3402 for Underground Utility Supplies to various vendors in the estimated amount of $1,000,000. 12 October 22, 2002 De te PUBLIC SERVICES ADMINISTRATIVE SERVICES 1) To Award Bid #02-3405 (Addition to the Immokalee Library) in the amount of $490,000 to M.J. Simpson Corporation. 2) Authorize Staff to utilize State Contract Pricing to purchase equipment and services for the County Telephone Switch Network. Moved to Item #10H: 3) Approve a Lease Agreement with Naples Town Center Association, Ltd., for space to be used by the SherifFs Office for a remote closed circuit visitation center, at a first year cost of $22,245.60. 4) Approve a First Amendment to Lease Agreement with Arnold Properties, Inc., for one additional year's use by the Sheriff's Office of Garage/Warehouse Space at a total cost of $20,703. To be paid in monthly installments of $1,725.25 F. COUNTY MANAGER 1) Approve the Reimbursement of $40,000 to the Bay Colony Community Association and to approve a Budget Amendment in the amount of $40,000 to transfer funds from Pelican Bay Fund 109 Reserves to the Operating Budget. 2) Appropriate unanticipated revenue of $12,178 in the Isles of Capri Fire Department Budget. 3) To adopt a Resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2001-02 Adopted Budget. BAR. 2002-03 4) Approval of Budget Amendment Report - Budget Amendment #03- 035 for $600.00. Ge AIRPORT AUTHORITY ~3 Octobar 22, 2002 H. BOARD OF COUNTY COMMISSIONERS Jo Ke MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Action as Directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said Purchases. (A copy of the Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building.) For the period of September 16, 2002 through September 30, 2002 COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 205 in the Lawsuit entitled Collier County v. Armando A. Lambert, et al, (Immokalee Phase 1 Project). Staff to deposit the sum of $2,300.00 into the Registry of the Court 2) Approve the Agreed Order awarding supplemental attorney's fees relative to the Easement Acquisitions of Parcels 172 and 772 in the Lawsuit entitled Collier County v. Dominique Rihs, as Trustee of the Land Trust Number $146-A, et al, Case No. 01-0819-CA (Livingston Road Project No. 60071) in the amount of $525.00. 3) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcels 105 and 105OB in the Lawsuit entitled Collier County v. First Baptist Church of Naples, Inc., et al., Livingston Road Phase III (Pine Ridge Road to Immokalee Road) Project. (Payment of $51,175.00) Staff to deposit the sum of $51,175.00 into the Registry of the Court and to construct road improvements in accordance with the Stipulated Final Judgment 14 October 22, 2002 17. 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 118A, 821B and 821C in the Lawsuit entitled Collier County v. Tiburon Golf Ventures Limited Partnership, et al, (Livingston Road Project #62071) for $1,800.00. Staff to deposit the sum of $1,800.00 into the Registry of the Court 5) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 187 in the Lawsuit styled Collier County v. Manuel Alverez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). Staff to deposit the sum of $4,000.00 into the Registry of the Court 6) Board approval of Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee pursuant to Collier County Ordinance No. 2002-27. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. CU-2002-AR-2366 Ron Beaver, requesting a Conditional Use in the "E" Estates Zoning District per LDC Section 2.2.3.3.7, to allow a lake excavation on 6.6 acres located at 4640 31 st Avenue NE, further described as Tract 144, Golden Gate Estates Unit 67, in Section 21, Township 48 South, Range 28 East, Collier County, Florida. Res. 2002-434 15 October 22, 2002 Be Ce De Ee CU-2002-AR-1943 Golden Gate Seventh Day Adventist Church, requesting a Conditional Use in the A-MHO Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship on 4.56+ acres located on the East Side of River Road, 500+ South of Immokalee Road in Section 30, Township 48 South, Range 27 East, Collier County, Florida. Res. 2002-435 Request that the Board adopt an Ordinance creating the Immokalee Beautification Advisory Committee; providing for appointment and composition; setting forth the terms of office, providing for removal from offiCe, failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; setting forth the duties of the County Manager or his designee; providing for review process; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. Ord. 2002-52 To adopt a Resolution approving amendments to the Fiscal Year 2001-02 Adopted Budget. BAR 2002-04 A Resolution to approve presentation to the County's Legislative Delegation a Special Act Codifying into the Proposed Special Act Five Special Acts related to the Collier County Water-Sewer District and Five Special Acts related to the Pelican Bay Improvement District. Res. 2002-436 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 October 22, 2002