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Recap 11/19/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 19, 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 THE TIME IS ADJUSTED 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 November 19, 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.. SWEARING IN OF COMMISSIONERS COYLE AND HALAS BY JUDGE LAWRENCE MARTIN. B. Pastor G. Dale Benson, Naples First Church of the Nazarene 2. AGENDA AND MINUTES A. 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 B. October 22, 2002 - Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize November 24-30 as National Farm City Week. To be accepted by Mr. David Santee. Adopted - 5/0 B. Proclamation to observe December 1, 2002 as National World AIDS Day. To be accepted by Andrea Taylor, Betty Ford and Betty Aubut. Adopted - 5/0 5. PRESENTATIONS A. Presentation by the United Arts Council of Collier County to present the Collier County Cultural Assessment and Plan. 2 November 19, 2002 Presented- e e PUBLIC PETITIONS Ae Public Petition Request by Mr. Jim Kramer as received via facsimile. County Attorney to look at current policy and Sunshine Law re: orientation of new commissioners; County Attorney to provide memo concerning duplication costs. BOARD OF ZONING APPEALS Ae 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, as recorded in Plat Book 3, Page 9, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2002-478A re Variance request - denied 4/1 (Commissioner Halas opposed); Additional density to be utilized for a one time only situation; staff to ensure that utilization of right-of-way will not be permitted in future action; all action to be in compliance with the LDC and not limited to impact fees or tourist tax; s taft to move forward with SDP revisions from a commercial facility to a residential facility and impact fees to be assessed - 5/0 Se ADVERTISED PUBLIC HEARINGS AJ This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01- AR-431, James G. O'Gara representing Park East Development Ltd., requesting a rezone from "PUD" Planned Unit Development to PUD for the 3 November 19, 2002 scale retail land uses only on those parcels that exceed 150 feet in depth for property located on the North and South sides of Golden Gate Parkway (CR 886) and at the Santa Barbara Canal Crossing in Section 28, Township 49 South, Range 26 East, Collier County, Florida. Continued to December 17, 2002 Meeting - 5/0 Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners adopt amendments to the Capital Improvement Element; Transportation Element; and Future Land Use Element of the Collier County Growth Management Plan, Ordinance No. 89-05, as amended, the "Concurrency" Amendments, DCA No. 02-2. Ordinance 2002-60 Adopted with changes - 5/0 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Public Hearing to consider adoption of an Ordinance establishing the Fiddler's Creek Community Development District #2 (CDD2) pursuant to Section 190.005, Florida Statutes. Ordinance 2002-61 Adopted 5/0 Moved from Item #17A D. Petition PUDA-2002-AR-2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leaseable floor area of 295,800 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to DOA-2002-AR-2567. Continued to December 17, 2002 meeting - 5/0 Moved from Item #17B E. Petition DOA-2002-AR-2567, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Development of Regional Impact (DRI) for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the 4 November 19, 2002 approved overall general office leaseable floor area of 295,800 square feet and to correct a Scrivener's Error contained within the Development Order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to PUDA-2002-AR-2566 Continued to December 17, 2002 meeting - 5/0 Moved from #17C F. Request that the Board of County Commissioners adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date Ordinance 2002-62 adopted w/changes - 5/0 9. BOARD OF COUNTY COMMISSIONERS 10. Ae Be Discussion regarding the revision of the sign ordinance to allow for neon open signs at establishments. (Commissioner Fiala) No action Discussion regarding evening Board of County Commissioner Meetings. (Commissioner Henning) No action COUNTY MANAGER'S REPORT Ae Be Approve a Revised Right-of-Way Permit and Inspection Fee Schedule for the Transportation Operations Department. (Norman Feder, Administrator, Transportation Division) Res. 2002-479 - Adopted 5/0 Consider request for funding from Tourism Alliance of Collier County in approximate amount of $10,000 to terminate its corporate affairs. (Joseph K. Schmitt, Administrator, Community Development) 5 November 19, 2002 Ce Deleted D. me Fe Ge Approved as a valid public purpose-3/O (Commissioners Henning and Halas out) Approval of a Memorandum of Understanding to establish an area of mutual concern within which both the City of Marco Island and Collier County will be provided a courtesy review of proposed Land Development Projects involving Incorporated and Unincorporated Areas along the SR 951 and CR 92 corridors within five miles of the Marco Island City Limits. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 Review Tourist Development related advertising and promotion invoices, determine expenditures serve a public purpose, approve appropriate invoices for payment in the amount of $14,850.47 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857.00, as recommended by the Tourist Development Council. (Joseph K. Schmitt, Administrator, Community Development) Request approval and funding of two (2) full time positions to establish a Tourist Development Department, as recommended by the Tourist Development Council. (Joseph K. Schmitt, Administrator, Community Development) Approved (not to exceed $200,000) - 5/0 Transfer $35,000 of funds from Utility Regulation Reserves to fund outside legal services in support of Resolution 2002-428 opposing the Acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 Award a Construction Contract under the Fixed Term Annual Contracts for the North County Water Reclamation Facility Oxidation Ditches Improvements, Project 73251. (Jim DeLony, Administrator, Public Utilities) Copies of complete back-up information will be available November 18, 2002 in the Communications and Customer Relations Department, First Floor, W. Harmon Turner Building, 3301 E. Tamiami Trail, Naples, FL. 6 November 19, 2002 Awarded to D.N. Higgins Inc. in the amount of $483,955 and to HoleMontes in the amount of $130,000. -5/0 Added H. Approve budget amendment and dredging contract for Wiggins Pass Emergency Maintenance Dredging, in the total amount of $340,000. (Staff request.) Approved - 5/0 Moved from 16K1 I. Recommendation that the Board of County Commissioners adopt and ratify the termination of a Lawsuit against a Collier County Employee, which sought reimbursement of a debt owed to the County by the Employee in the sum of Eleven Hundred Three Dollars and Sixty-Two Cents ($1,103.62), plus costs, on the basis that the County Employee has filed a Chapter 7 Bankruptcy. Approved - 5/0 Moved from 16K2 J. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 101 in the Lawsuit styled Collier County v. Roberto Bollt, Successor Trustee, under Land Trust Agreement Dated 1/2 7/86, et al, Case No. 00-2433-CA (Randall Boulevard/Immokalee Road Intersection) Project #60171 .)Award Work Order #PBS-02-06 in the amount of $190,161 to Professional Building Systems for the renovation of Immokalee Airport Park. Approved - 4/1(Commissioner Halas opposed) Moved from 16D4 K. Award Work Order #PBS-02-06 in the amount of $190,161 to Professional Building Systems for the renovation of Immokalee Airport Park. Approved - 4/0 (Commissioner Coyle out) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 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 Negotiations/Litigation Expenses in Aquaport v. Collier County, Case No. November 19, 2002 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. 13. 14. Be For the Board of County Commissioners to provide direction to outside Counsel, Ted Tripp, Esq., and the Office of the County Attorney as to Settlement Negotiations/Litigation Expenses in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court of the Middle District of Florida. $500,000 settlement from Insurance Proceeds and up to $100,000 of additional monies from General Fund - Approved 4/1 (Commissioner Coyle opposed) Ce Recommendation that the Board of County Commissioners ratify and authorize the retention of Ted Tripp, Esq., and the Law Firm of Garvin and Tripp to represent Collier County in the Bert Harris Act Claim filed by Aquaport Plaintiffs. Approved - 5/0 OTHER CONSTITUTIONAL OFFICERS A. Dwight Brock, Collier County Clerk of Courts, RE: Ordinance 99-22, requiring lobbyists to register - Discussed AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Be Status report regarding potential expense on mosquito control boundaries. (John Dunnuck, Administrator, Public Services) Recommendation that the mosquito control district poll the residents re expansion and costs-4/1 (Coyle opposed) Commissioner Halas nominated as representative to the Economic Development Committee Staff to work on past ordinances regarding how to conduct meetings in the future Domestic Animal Services named as top agency in Florida by the Florida Animal Control Agency 8 November 19, 2002 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Naples Gateway, Phase I". Resolution 2002-466 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Catamaran Court at Tarpon Cove". Resolution 2002-467 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tarpon Cove". Resolution 2002-468 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Twenty- Two". Resolution 2002-469 6) Request to approve for recording the final plat of"Hemingway Place" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pine Air Lakes Unit One". Resolution 2002-470 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Stonebridge Unit Three". 9 November 19, 2002 Resolution 2002-471 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Two". Resolution 2002-472 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Three". Resolution 2002-473 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Four". Resolution 2002-474 11) Petition CARNY-2002-AR-3335, Pastor Ettore Rubin, C.S., Our Lady of Guadalupe Church, requesting permit to conduct a carnival from November 27 through December 1, 2002, on Church property located at 207 South 9th Street, Immokalee. Carnival Permit-2002-10 12) 13) 14) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-003 styled Board of County Commissioners Collier County, Florida vs. Lloyd L. Bowein regarding violation of Sections 2.7.6.5, as amended of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-065 styled Board of County Commissioners Collier County, Florida vs. Leonardo Portal regarding violation of Ordinance No. 91-102 as amended, Sections 2.7.6.1 and 1.5.6 of the Collier County Land Development Code. Recommendation to approve Commercial Excavation Permit No. 59.835/AR-3135 "Livingston Lakes Commercial Excavation", located. in Section 30, Township 48 South, Range 26 East; bounded on the North by vacant agriculture zoning and stiles PUD, on the West by Livingston Road right-of-way, on the East by Donovan Center PUD, 10 November 19, 2002 and on the South vacant agriculture zoning. With stipulations TRANSPORTATION SERVICES 1) 2) 3) 4) Approve a Budget Amendment to combine funds in the Radio Road Beautification MSTU into one Project Number 60081 in the amount of $155,800. Approve a Budget Amendment to transfer funds from the Golden Gate Parkway Landscape Maintenance Account into the CR951 Phase A and B Landscape Maintenance Account. Request that the Board of County Commissioners approve a donation agreement and accept a drainage easement from the Sabal Lake Subdivision Homeowners Association, Inc., for a parcel of land containing 0.07 acres for the purpose of providing additional drainage within the community which will allow the County legal access as required for all common drainage facilities within the common area of this development. Approve a Budget Amendment to recognize unanticipated revenue in the amount of $1,400,000 for the proposed Immokalee Road/I-75 Interchange Project for the improvements related to the Tarpon Bay Boulevard/Northbrooke Drive Intersection Improvements, Project No. 66042A. 5) Approve Resolutions to establish "No Parking" Zones along the County road rights-of-way of Industrial Boulevard and Corporate Square Boulevard at a cost of approximately $2600. Resolutions 2002-475 re Industrial Blvd. and 2002-476 re Corporate Blvd. 6) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. 11 November 19, 2002 7) Request the Board to adopt a Resolution authorizing Transportation Division Administrator and Transportation Maintenance Director to sign the Certification of Disbursements for the FDOT Asset Management Maintenance Agreement, Contract Number BD-418, Financial Project Number 412918-72-01. Resolution 2002-477 8) Approve Work Order No. BRC-FT-02-04 with Better Roads Inc., for median improvements in the amount of $128,317.75 on Pine Ridge Road, Project No. 60016, and adopt a Resolution reducing the speed limit on Pine Ridge Road from forty-five miles per hour (45 MPH) to forty miles per hour (40 MPH) in the vicinity of Naples Boulevard Intersection. Resolution 2002-478 Ce 9) Approve Budget Amendments to carry forward funds in several projects to re-open purchase orders in FY03 that were closed by mistake in FY02 in the amount of $100,996.70. PUBLIC UTILITIES 0 1) Approve Budget Amendment to cancel the Marco Island Breakwater Modifications Project and return to the Tourist Tax Reserves $699,500. PUBLIC SERVICES 1) Approve a Budget Amendment for the increase in Medicaid Waiver Revenue and Program Costs in the amount of $16,930. 2) Approve a Lease Agreement with the Florida Department of Transportation for Collier Boulevard Boating Park. 3) Approve a Florida Recreation Development Assistance Program Grant Agreement for up to $120,000 for improvements at Bayview Park. Moved to Item 10K 4) Award Work Order #PBS-02-06 in the amount of $190,161 to Professional Building Systems for the renovation of Immokalee November 19, 2002 Ee Airport Park. 5) Authorize temporary closure of 11th Street in Immokalee for safe access into the Farm City Barbeque to be held November 27, 2002. ADMINISTRATIVE SERVICES 1) Award Contracts #02-3371 "Fixed Term Professional Transportation Planning Consulting Services" (Estimated Annual Amount $275,000). Awarded to five firms as contained in the executive summary 2) Approve Change Order No. One, Work Order BSSW-02-01, in the amount of $10,275.00, with Barany, Schmitt, Summers, Weaver and Parmers, Inc. for design services for construction of EMS #19. 3) Recommendation that the Board of County Commissioners approve and ratify a Settlement Agreement resolving the Lawsuit styled Collier County vs. Chesley McDonald, Case No. 02-1520-CC, County Court, Twentieth Judicial Circuit in and for Collier County, Florida. 4) Approval of a Contract between Collier County and Community Health Parmers Inc., for managed care services for the County's Group Health and Workers' Compensation Program. s) Approve an Amendment to Agreement for the conveyance of GAC Trust Reserved Lands to the District School Board of Collier County, Florida, for future construction of an elementary school in Golden Gate Estates, not to exceed ten dollars ($10.00). Withdrawn 6) Approval of elimination of the Sick Leave Bank Program and an increase in the Short Term Disability Benefit Program. F. COUNTY MANAGER 1) Award hurricane shelter upgrade and retrofit Contract #02-3429 to Storm Smart Building Systems, Inc., for the roof retrofit and shutter upgrade of the Laurel Oak and Vineyards Elementary Schools in the amount of $48,750. This project is 100% reimbursed from the State. 13 November 19, 2002 Ge 2) Selection of Underwhters (RFP 02-3435) in anticipation of financing future infrastructure improvements in Collier County. As detailed in the executive summary AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the Budget Amendment appropriating Carry Forward and Expenditure Budgets for open purchase orders at the end of Fiscal Year 2002. 2) Recommendation that the Board of County Commissioners approve Carry Forward Funding for the Sheriff's Office. 3) 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 Goods and Services Document is on display in the County Manager's Office, 3301 E. Tamiami Trail, W. Harmon Turner Building, Naples, FL. K. COUNTY ATTORNEY Moved to Item ]) 10I Recommendation that the Board of County Commissioners adopt and ratify the termination of a Lawsuit against a Collier County Employee, which sought reimbursement of a debt owed to the County by the Employee in the sum of Eleven Hundred Three Dollars and Sixty-Two Cents ($1,103.62), plus costs, on the basis that the County Employee has filed a Chapter 7 Bankruptcy. Moved to Item 10J 14 November 19, 2002 2) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 101 in the Lawsuit styled Collier County v. Roberto Bollt, Successor Trustee, under Land Trust Agreement Dated 1/2 7/86, et al, Case No. 00-2433-CA (Randall Boulevard/Immokalee Road Intersection) Project #60171. 3) Acceptance of payment of previously unpaid Education, Community and Regional Parks and Library Impact Fees for Bentley Village and Education Impact Fees for Encore Senior Living and approval of refunds due to facilities. 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 132 in the Lawsuit styled Collier County v. James R. Colosimo, Trustee under Unrecorded Land Trust Agreement dated 12/10/92, et al, Case No. 00-0138-CA (Pine Ridge Road Project #60111). Staff to deposit the sum of $37,344.46 into the Registry of the court. 5) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 171 in the Lawsuit Styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018) Staff to deposit the sum of $1,400.00 into the Registry of the court. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING 15 November 19, 2002 ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #8D A. Petition PUDA-2002-AR-2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leascable floor area of 295,800 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to DOA-2002-AR-2567 Moved to Item #8E B. Petition DOA-2002-AR-2567, Robert Mulherc of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Development of Regional Impact (DRI) for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leaseable floor area of 295,800 square feet and to correct a Scrivener's Error contained within the Development Order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to PUDA-2002-AR-2566. Moved to Item #8F C. Request that the Board of County Commissioners adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date 16 November 19, 2002 0 Request the Board adopt an Ordinance amending Collier County Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing Unit; providing for amendment to Section Three to expand the purpose to include the cost for curbing, watering facilities, plantings and maintenance of the median areas of any public roadway adjoining Radio Road within the boundaries of the unit; providing for inclusion in the Code of Laws. Ordinance 2002-59 E® This item to be continued to the December 3, 2002 BCC Meeting. VA- 2002-AR-2908, Craig J. Pajer, P.E., of AEC National, requesting a 40-foot height variance from the required 35 feet to 75 feet in the Public Use District for the addition to the Naples Jail Center located at 3301 East Tamiami Trail, Building "W", Collier County Government Center, in Section 12, Township 50 South, Range 25 East. Companion petition to CU-02-AR- 2759 and VA-02-AR-2909. Fe Ge This item to be continued to the December 3, 2002 BCC Meeting. VA- 2002-AR-2909, Craig J. Pajer, P.E., of AEC National, representing Collier County Board of County Commissioners, requesting a variance from the maximum height of 35 feet to 110 feet for a parking garage at the Naples Jail Center. This variance is required for the 5-story construction and future expansion to eight stories of a parking garage. This request of 110 feet is 75 feet greater than that allowed in the Public Use District at this location. Companion petition to CU-2002-AR-2759 and VA-2002-AR-2908. This item to be continued to the December 3, 2002 BCC Meeting. CU- 2002-AR-2759, Craig J. Pajer, P.E., of AEC National, Inc., representing Collier County Board of County Commissioners, requesting Conditional Use 3 of the "P" Public Use zoning district to allow for the expansion of an existing jail facility for property located at 3301 East Tamiami Trail, in Section 12, Township 50 South, Range 25 East, Collier County, Florida. Companion petition to VA-02-AR-2908 and VA-02-AR-2909. 18. ADJOURN. INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 November 19, 2002