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Recap 05/13/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 13, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 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. 1 May 13, 2003 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. INVOCATION AND PLEDGE OF ALLEGIANCE A. Eric Richardson, Grace Bible Church AGENDA AND MINUTES Ae Be Ce De ge Fe Ge 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 April 8, 2003 - Regular Meeting Approved as presented 5/0 April 15, 2003 - Workshop Approved as presented 5/0 April 16, 2003 - Workshop Approved as presented 5/0 April 17, 2003 - Town Hall Meeting Approved as presented 5/0 April 22, 2003 - Regular Meeting Approved as presented 5/0 April 30, 2003 - Town Hall Meeting Approved as presented 5/0 2 May 13, 2003 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Be Ce De Fe Proclamation to designate the week of May 19 through May 23, 2003 as Collier County Safe Boating Week. To be accepted by William J. Reid, Past Commander of Naples Sail Power Squadron. Adopted 5/0 To designate the week of May 12 through May 16, 2003 as Tourism Week in Collier County. To be accepted by Clark Hill, General Manager of Hilton Naples and Towers on behalf of the Collier County Lodging Association. Adopted 5/0 Proclamation to designate May 15, 2003 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter. Adopted 5/0 Proclamation to dedicate the Sheriff's Office Golden Gate Substation in memory and honor of Major Pat Mullen. To be accepted by Sheriff, Don Hunter. Adopted 5/0 Proclamation to designate the Month of May as Teen Pregnancy Prevention Awareness Month. To be accepted by Dr. Pete Tougas, Naples Area Teenage Parenting Program and Ramona McNicholas, American Association of University for Women. Adopted 5/0 Proclamation to designate May 12 through 18 as Immokalee Friendship House Week. To be accepted by Ed Laudise, Executive Director of the Immokalee Friendship House. Adopted 5/0 Proclamation to designate May 18 through 24 as Emergency Medical Services Week. To be accepted by Christine Crato, EMS Paramedic of the Year. Adopted 5/0 3 May 13, 2003 5. PRESENTATIONS Item continued from April 22~ 2003 BCC Meeting Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. Staff to work with EMS, Fire Dept., and Sheriff's Dept. regarding this issue. Bo Presentation of the Phoenix Awards by John Dunnuck, Public Services Administrator. Recognized PUBLIC PETITIONS Ao Public petition request by Mr. Bob Krasowski to discuss Zero Waste Strategy/Plan Outline for the Handling of Collier County's Solid Waste Stream. Slide Presentation and waste elimination analysis Be Public petition request by Mr. Georges Chami to discuss Town Market request for Independent Investigation. Copies of the citizens' petition supporting Mr. Chami's public petition are available for public inspection in the County Manager's Office, 2nd Floor, 3301 East Tamiami Trail, Naples. No Independent Investigation granted BOARD OF ZONING APPEALS Ae Item continued from April 8~ 2003 BCC Meeting This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-3379, Aquatic Architects, Inc., representing Kris and Jodi Anderson, requesting an after-the-fact variance of 1.8 feet from the minimum rear yard accessory structure setback of 10 feet to 8.2 feet for a screened enclosure addition to a single family dwelling for property located at 349 Wimbledon Lane, further described as Berkshire Lakes, Unit 1, Block B, Lot 39, in Section 32, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2003-176 Adopted 3/2 (Commissioners Coyle and Halas opposed) 4 May 13, 2003 8. ADVERTISED PUBLIC HEARINGS e AJ This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition PUDZ-02-AR- 3095, Mr. Richard D. Yovanovich of Goodlette, Coleman and Johnson, representing Marian Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to PUD, Planned Unit Development to be known as the Livingston Village PUD allowing for a maximum 590 residential dwelling units for property located on the east side of Livingston Road (CR 881) and west side of the 1-75 right-of-way in Section 19, Township 49 south, Range 26 east, Collier County, Florida. Ordinance 2003-23 Adopted 5/0 - with stipulations BOARD OF COUNTY COMMISSIONERS Ae Be Ce De Appointment of member to the Airport Authority. Resolution 2003-177 Adopted - 5/0 Re: Appointment of James A. Peterka (term to expire on August 10, 2005) Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2003- 178 Adopted - 5/0 Re: Re-appointment of John P. Strapponi (4-year term) and confirmation of Ronald M. Pennington as the City of Naples appointment Appointment of member to the County Government Productivity Committee. Resolution 2003-179 Adopted - 5/0 Re: Appointment of Michael S. McCampbell (term to expire on February 4, 2004) Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2003-180 Adopted - 5/0 Re: Appointment of William J. Varian (term to expire on August 9, 2004) Discussion regarding amending the ordinance to change the membership on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Commissioner Henning) Ordinance to be advertised and brought back amending the membership so that two members do not have to work or own property in the redevelopment area - 5/0 5 May 13, 2003 10. COUNTY MANAGER'S REPORT Ae This item to be heard at 10:00 a.m. Recommendation to confirm the appointment of Ms. Len Golden Price to the position of Administrative Services Administrator. (Jim Mudd, County Manager) Approved- 5/0 Adopt a resolution authorizing the condemnation of fee simple interest in property required for the construction of a storm water treatment pond along Golden Gate Boulevard made necessary by the construction of roadway improvements along 13th Street Southwest from Golden Gate Boulevard South to 16th Avenue SW (Project No. 69068). (Fiscal Impact: $200,000.00) (Norman Feder, Administrator, Transportation) Resolution 2003-181 Adopted - 5/0 Co Approve two agreements for sale and purchase with the Paul Family for the purchase of property to house the Northeast Regional Water Treatment Plant and Water Reclamation Facility at a cost not to exceed $6,007,000. Project Numbers 70154 and 73155. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Moved from Item #16C4 D. Approve Work Order #MP-FT-03-02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under Contract #00-3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. Approved 4/1 (Commissioner Coletta opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski on Consent Item #16C5 12. COUNTY ATTORNEY'S REPORT Withdrawn A. This item to be heard at 12:00 noon, Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiation issues in Terracina, LLC v. Collier County, Case No. 02-4440-CA-HAYES, now pending in the Circuit Court, Naples, Florida. 6 May 13, 2003 13. Be Reject a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430- CA. Approved 5/0 w/no offer to be accepted for less than $50,000 Ce Approve the Stipulated Final Judgment as to Parcel 909 for $51,000 in Collier County v. Jessie M. Durden, et al, and purchase of remainder property (Santa Barbara Sewer Force Main Interconnect-Projects 73132, 73150, and 73151). For additional $214,000. (Total cost of $265,000) Approved 5/0 OTHER CONSTITUTIONAL OFFICERS 14. Ae Be Ce Do Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS Universal Hiring Program 2003 Grant. Approved 4/1 (Commissioner Halas opposed) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Homeland Security Overtime Program 2003 Grant. Approved 5/0 Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS in Schools 2003 Grant. Approved 4/1 (Commissioner Halas opposed) Consensus of Board to direct staff to contact Collier County School Board to help w/funding of police patrol in county schools Request that the Board of County Commissioners authorize the expenditure of available funds for the purchase of 800 MHz portable radios for the Sheriff's Office. Approved 5/0 AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ao Chairman to sign letter to Governor about Everglades Restoration - 7 May 13, 2003 Consensus Be Ce De Closed Session scheduled for BCC Meeting of May 27 RE: Aquaport Advisory Board Committee Applicants -to be brought back 6/9/03 LDC meeting -June 18, 2003 to be changed to June 16 or 17 (availability) Ee Fe Airport Authority Interim Director -Gene Schmitt New Government Channel in Immokalee, FL - opening ceremony on Wednesday, at Rib City at noon 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 approve for recording the final plat of "Treasure Point", and approval of the Standard Form and Construction and Maintenance Agreement and approval of the amount of the Performance Security. w/stipulations 2) Consider approval of a contract amendment in the amount of $12,500 for professional consultant services from the Gail Easley Company for services related to the revision of the Collier County Land Development Code (LDC). 3) Request to grant final acceptance of the water and sewer improvements for the final plat of"Island Walk Phase Five-A". Resolution 2003-168 w/release of maintenance security 8 May 13, 2003 4) 5) Request to grant final acceptance of the water and sewer improvements for the final plat of "Island Walk Town Center". Resolution 2003-169 w/release of maintenance security Final acceptance of water utility facilities for Galleria at Vanderbilt. w/UPS release 6) Final acceptance of water and sewer utility facilities for Countryside Commons, Phase One. w/UPS release Be 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2001-076; 2001-082; 2002-012 and IM2001-001. 8) Approval of Contract//02-3317, in the amount of $38,324, with Henderson, Young and Company for consultant services for a Fire Protection Impact Fee Update Study. 9) Approval of one (1) impact fee reimbursement of $49,381.56 due to overpayment. to Courtelis Construction (Building Permit//2002071484) lO) Approval of one (1) impact fee reimbursement of $6,016.82 due to building permit cancellation. to Nicanor and Kimberly Sanchez (Building Permit//2002022779) 11) Approval of one (1) impact fee reimbursement of $43,611.84 due to twelve (12) building permit cancellations. to John F. Soave, Inc. TRANSPORTATION SERVICES 1) Item continued from April 22~ 2003 BCC Meeting and is further continued indefinitely. Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement. All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by 9 May 13, 2003 2) the County for construction by private parties of Whippoorwill Lane. Approval of the design and purchase of bus stop shelters and accessories and the proposed locations for the Orange and Green Routes of the Collier Area Transit (CAT). Bid awarded to Contract Connection Inc. 3) Approve a revised right-of-way permit and inspection fee schedule for the Transportation Operations Department. Resolution 2003-170 4) 6) 7) Approve selection committee ranking of firms for contract negotiations for RFP 03-3465 "Annual Contract for Traffic Engineering Consultant Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). Firms: TEI Engineers and Planners, Carter & Burgess, Inc., T.Y. Lin International, WilsonMiller, Inc., and TBE Group, Inc. Recommendation to award Bid #03-3440 - Annual Contract for Television Inspection and Desilting of Storm Sewer Collection Systems for the approximate annual amount of $50,000. to Shenandoah Construction (primary vendor) and American Power Rodding Corp. (secondary vendor) Recommendation to award Bid #03-3491 - Annual Contract for Retention Pond Mowing and Litter Removal for the approximate annual amount of $19,000. to Hines Landscape Services (primary vendor) and Southern Services (secondary vendor). Award a construction contract in the amount of $1,592,715.30 to Thomas Marine Construction Inc., and allocate $150,000.00 (10% of the construction cost) for contingency purposes to construct the proposed Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66042, Bid No. 03-3492. C. PUBLIC UTILITIES 10 May 13, 2003 1) Ratify the emergency purchase of parts and service from original equipment installation contractor for Degasifier Tower # 1 at the North County Regional Water Treatment Plant. from Technical Treatment Services, Inc. (Emergency Purchase Order//4500008891) 2) Approve Florida Department of Environmental Protection Certification of Financial Responsibility Form, for the South County Water Reclamation Facility Injection Well, Project 73154. 3) Approval of one (1) impact fee refund request for Penny S. DiRocco totaling $2,690. Moved to Item//10D 4) Approve Work Order #MP-FT-03-02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under Contract//00-3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. 5) Declare the Naples Landfill fan based odor control system surplus and recommend the most equitable method of disposal. sale of system through County Auction or Surplus Bid as recommended by Professional Services, Inc. (PSI) 6) Approval to piggyback on request for Letters of Interest Number 090297RB from Broward County for annual security services from Wackenhut Corporation at the South County Regional Water Treatment Plant in the estimated amount of $75,000. 7) Approval of a budget amendment for costs related to the restructuring of the administrative function of the Public Utilities Engineering Department and equipment required to support expanding capital improvement programs in the amount of $43,900. 8) Approval of a budget amendment for costs related to the hiring of a Solid Waste Project Manager, and reimbursement of those expenses from Solid Waste Disposal Fund 470 to County Water/Sewer Operating Fund 408 in the amount of $35,000. 11 May 13, 2003 D. PUBLIC SERVICES 1) Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003- 2004. Resolution 2003-171 Re: appointing Raymond Holland- President, Don Jolly - Vice President, Jennifer Ward - Secretary, John Yonkosky - Treasurer, Dan Rapacz - Education, Jim Mansberger - Security, Duane Wheeler - Civic, Holly Chernoff- Attorney, Mark Creel - Agriculture 2) Approve a limited use license agreement between the Board of County Commissioners and Southern Extreme Water Ski Team, using a specified County-owned property for conducting a water ski tournament June 20-22, 2003 at Sugden Regional Park. and the Sarasota Ski-Rees Water Ski Show Team, Inc. 3) Approve a request to apply for two Florida Communities Trust Florida Forever Grants, one in the amount of $1,909,200 reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000 reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project. Continued Indefinitely 4) Approve the donation agreement from David W. Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,300. 5) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida Inc., D/B/A Senior Solutions of Southwest Florida. As the Contract associated with this executive summary is well over 50 pages, a copy is available at the Human Services Department and will be provided upon request. 6) Obtain Board approval to reject Bid No. 02-3414 and to award Bid No. 03-3478 "Tee Shirts" to T-Shirt Express in an amount not to exceed $45,000. -to assist the Parks and Recreation Department program needs 12 May 13, 2003 me 7) Approve a license agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. -a five-year commitment to set aside the property for a museum (w/an additional two-year renewal clause) 8) Approve an agreement with the Tradewinds Foundation to fund an accessible boating program at County parks. -at Sugden Regional Park (w/anticipated excess revenue in the amount of $14,000) w/services offered to disabled and disadvantaged persons ADMINISTRATIVE SERVICES 1) Approval of a building naming policy which would allow for the special naming and dedication of county-owned buildings, structures and/or other facilities. 2) 3) 4) 5) Obtain Board approval to award Bid No. 03-3408 "Herbicides/Pesticides/Fungicides" to multiple vendors. -to various firms and costs as detailed in the Executive Summary Recommendation to award Bid No. 03 -3495, Concrete/Pavement Contractor (estimated value $50,000). -awarded to BQ Concrete, Cougar Contracting Specialties, Timo Brothers, Inc., and Neubert Construction Service Approval of a lease agreement with Congressman Mario Diaz-Balart for use of County-owned office space for two years at a total revenue of $20.00. Resolution 2003-172 -within the Golden Gate City Government Satellite Office Building located at 4715 Golden Gate Parkway (Term: November 5, 2002 to November 4, 2004, w/renewal option pending re-election) Approval of a lease agreement with State Representative Dudley Goodlette for the continued use of his office space for two years at a total revenue of $20.00. Resolution 2003-173 -located on the second floor of the W. Harmon Turner Building on the grounds of the Collier County 13 May 13, 2003 6) Government Complex at: 3301 E. Tamiami Trail, Naples, Florida 34112; (Term: Lease to expire November 2, 2004, w/renewal option pending re-election) Recommendation to award Bid No. 03-3475R, Temporary Labor Contract (estimated value $350,000.00). -awarded to Able Body Labor, Manpower Temporary Services, and Personnel Services 7) 8) 9) 10) Approve selection committees recommended short list of architects for RFP 03-3489, the addition, design and renovations to the Golden Gate Library at 4898 Coronado Parkway. -firms: Barany Schmitt Summers Weaver and Partners, Inc., Schenkel Shultz Architecture, and Erickson Herscoe De Stefano; begin contract negotiations w/Barany Schmitt summers Weaver and Partners, Incorporated Item continued from April 22~ 2003 BCC Meeting. Recommendation to award Bid No. 03-3468, Pump and Motor Repair for County-wide equipment maintenance to Naples Armature as primary awardee and Horvath Electric as secondary awardee in the estimated annual amount of $300,000. Approve budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (521) in the amount of $197,000 for repair pans and outside vendors, and $349,400 for fuel; and approve a $32,000 increase in appropriations for personnel overtime, with a matching decrease in appropriated capital expenditures. Approve selection committee ranking of firms for contract negotiations for RFP 03-3497 "Auditing Services for Collier County" (estimated dollar amount of contract $215,500). -awarded to KPMG 11) Approve purchase of six (6) medium-duty replacement advanced life support "Medicmaster" ambulances from American LaFrance Corporation using Palm Beach County Bid #02-195/CB, and purchase of radios and data recorders for the ambulances under separate bids. 14 May 13, 2003 12) 13) ($815,460.00) Approve amendments to Contracts #01-3289, #01-3290, #01-3292, #00-3119 and #00-3184 to adjust contract time provisions and fee schedules respectively. -as detailed in the Executive Summary Recommendation to clarify current purchasing policy regarding the accumulation and subsequent release of contractor retainage. Resolution 2003-174 Withdrawn 14) Request approval of a First Amendment to Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's Offices. F. COUNTY MANAGER Go 1) Recognize and appropriate $3,799 in additional revenue from a Florida Department of Community Affairs State and Local Assistance (SLA) Grant and approve the necessary budget amendment. -to increase FY 03 Emergency Management General Fund (001) AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Jo 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Authorize the County Attorney's office to make a business damage offer to settle a claim for business damages by Fogg's Nursery and Mulch Supply Inc., associated with the acquisition of Parcel 112 in the Lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 15 May 13, 2003 2) 3) 4) 02-513 7-CA (Immokalee Road Project #60018). -$135,400 to be deposited into the Court Registry Authorize the County Attorney's office to accept an Offer of Judgment from Respondent, John A. Pulling Jr., Trustee, to settle a claim for business damages in connection with the acquisition of Parcel 104 in the Lawsuit styled Collier County v. John A. Pulling, Jr., et al, Case No. 02-1908-CA (Livingston Road Project #62071). -in the amount of $73,000.00 Approve the stipulated final judgment relative to the acquisition of Parcels 102 and 702 in the lawsuit styled Collier County v. Marian H. Gerace, as Successor Trustee, et al, Pine Ridge Road Project No. 60111. -$3724.00 to be deposited into the Court Registry That the Board of County Commissioners execute a cancellation of mortgage to release a third mortgage recorded at O.R. Book 2577, Page 3248 of the Official Records of Collier County, Florida. -for property located at Lot 12, Block 12, Naples Manor, Unit No. 1 5) 6) 7) Approval of settlement agreement and mutual release involving litigation in Aston Gardens at Pelican Marsh v. Collier County, Case No. 03-595-CA in the Circuit Court of the Twentieth Judicial Court. -in the amount of $39,696.00 Approval of settlement agreement and mutual release for previously unpaid educational, road, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. -in the amount of $45,000.00 Request for the Board of County Commissioners to provide direction to the Office of the County Attorney regarding settlement negotiations in Terracina, LLC v. Collier County, Case No. 02-4440-CA, now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. 16 May 13, 2003 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae Bo Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD-02-AR-2240, Mr. Donald Pickworth, representing Centex Homes, requesting a rezone from "PUD" Planned Unit Development to a new Planned Unit Development (PUD) for the purpose of amending the Twelve Lakes PUD in order to revise the PUD document references and to update the master plan for property located on the north side of Davis Boulevard (SR 84) and the south side of Radio Road (CR-856) in Section 4, Township 50 South, Range 26 East. Ordinance 2003-20 w/stipulations This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-02-AR-3486, Vincent Cautero of Coastal Engineering Consultants Inc., representing Collier County Government requesting Conditional Use "26" in the "A" Agricultural Zoning District per Section 2.2.2.3.26 of the Collier County Land Development Code allowing for a Government office building for property located on the northwest comer of Orange Blossom Drive and Airport-Pulling Road (CR 31) in Section 2, Township 49 south, Range 25 east, Collier County, Florida. Resolution 2003-175 This item requires that all participants be'sworn in and ex parte disclosure be provided by Commission members. RZ-2002-AR-3160, Robert L. Duane, of Hole Montes Inc., representing Benderson Development 17 May 13, 2003 De Co., requesting a rezone from "A" Rural Agricultural to "C-3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee Road in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 0.44+ acres. Ordinance 2003-21 w/stipulations To approve the recommended amendments to the Collier County Community Automated External Defibrillator Ordinance 98-36. Ordinance 2003-22 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 May 13, 2003