Loading...
Recap 04/13/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 13, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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. 2003-53, AS AMENDED 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 RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. Page 1 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 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 March 9, 2004 - BCC Regular Meeting Approved as presented-5/0 March 10, 2004 - BCC Regular Continued from March 9, 2004 Approved as presented-5/0 De March 12, 2004 - CRA Meeting Approved as presented-5/0 te March 15, 2004 - BCC/Stormwater Workshop Approved as presented-5/0 Fe March 16, 2004 - BCC/Boathouse Workshop Approved as presented-5/0 Ge March 17, 2004 - BCC/District 4 Townhall Meeting Approved as presented-5/0 March 23, 2004 - BCC/Regular Approved as presented-5/0 Page 2 e April 1, 2004 - BCC/District 1 Town Hall Meeting Approved as presented-5/0 SERVICE AWARDS e Se PROCLAMATIONS Ae The Greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, Sprint, and Comcast is celebrating "Distinguished Public Services Awards Day". To be accepted by Brenda Borchardt, Vice President for The Greater Naples Chamber of Commerce Programs. Adopted-5/0 Be Proclamation to recognize the month of April as National Fair Housing Month in Collier County. To be accepted by Candace Tapscott, Director, U.S. Department of Housing and Urban Development. Adopted-5/0 PRESENTATIONS Withdrawn A. This item to be heard at 9:30 a.m. Regional Director Amelio Vazquez extending greetings from Senator Bill Nelson. 6. PUBLIC PETITIONS Ao Public Petition Request by Douglas Wilcox to discuss the Public Vehicle Advisory Committee Ordinance. Petitioner advised to work the Public Vehicle Advisory Committee regarding this issue-Consensus Bo Public Petition Request by Kurt Potter to discuss an amendment to Collier County COPCN Ordinance 2004-12. Motion to be bring back and place on the May 11, 2004 BCC Agenda- Approved Public Petition request by Lynda Flynn to discuss providing seating area at public beach access on Vanderbilt Beach. Page 3 Commissioners advised petitioner to discuss this item with the Vanderbilt Beach MSTU Advisory Board and the Transportation Department-Consensus 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae This item to be heard at 1:00 p.m. A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2002-2003 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub- recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. Resolution 2004-111 - Adopted-5/0 Be This item to be heard following Item #8A (1:00 p.m.) A Resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2004-2005 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. Resolution 2004-112 - Adopted-5/0 CJ This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2003-AR- 3973 Amerisite LLC, represented by Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from the "A" Rural Agricultural zoning district to the "C- 3" zoning district, for property located at Collier Boulevard (east side) ~¼ mile north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 east, Collier County, Florida, consisting of 9.24 acres. Ordinance 2004-23 Adopted w/CCPC stipulations-5/0 Page 4 De Recommend this item to be continued to the April 27, 2004 BCC Meeting. Petition for the establishment of the VeronaWalk Community Development District. Continued to April 27, 2004 meeting - Approved-5/0 This item continued from the March 23~ 2004 BCC Agenda. An Ordinance of' the Board of County Commissioners of' Collier County, Florida, Amending Ordinance No. 2003-61 and No. 2003-62 to Clarify the Effective Date Provisions of Those Ordinances; and Amending Chapter 49 of the Code of Laws and Ordinances, As Created by Ordinance Nos. 2003- 61 & 2003-62, By Amending Sections 49- 25 and 49-45, Respectively, Pertaining to Program Eligibility Criteria; Providing for Conflict and Severability; Providing for Inclusion in Code of Laws and Ordinances; and Providing for an Effective Date. An amendment to amend the geographic boundaries of the previously approved Ordinance. Ordinance 2004-24 - Adopted-5/0 This item continued from the March 237 2004 BCC Agenda. Adoption of an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63, the Immokalee Residential Impact Fee Deferral Program, to clarify the effective date provisions. An amendment to amend the geographic boundaries of the previously approved Ordinance. Ordinance 2004-25 - Adopted-5/0 GJ Recommend this item to be continued to the April 27~ 2004 BCC Meeting. A Public Hearing to Consider an Application submitted by Naples Community Hospital to the Board of County Commissioners for the Issuance of a Certificate of Public Convenience and Necessity to Provide Transportation Services for the Inter-facility Transfer of Post Hospital Patients. Continued to April 27, 2004 - Approved-5/0 Moved from Item #17A H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include Page 5 "Public Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG) district of the PUD. Continued to May 11, 2004 - Approved-5/0 9. BOARD OF COUNTY COMMISSIONERS Ao Appointment of members to the Affordable Housing Commission Resolution 2004-103 re-appointing W. Jeffrey Cecil and appointing Robert Guididas and Ordinance requirements to be waived - Adopted- 5/O Be Appointment of member to the County Government Productivity Committee Resolution 2004-104 appointing Matthew Hudson - Adopted-5/0 Ce Appointment of members to the Animal Services Advisory Board Resolution 2004-105 appointing Thomas Kepp, Jr. as Humane Society of Collier County representative; David Estes as Law Enforcement representative; Dr. Randall Eisel as Vet or Vet Tech representative; Susan Weiss as Pet Retail representative; Linda Kramer as Animal Activist Group; and Karen Acquard and Jennifer Hawke as At Large representatives - Adopted-5/0 De Appointment of member to the Collier County Planning Commission Resolution 2004-106 appointing Robert Vigliotti - Adopted-5/0 'E. Appointment of member to the Black Affairs Advisory Board Resolution 2004-107 appointing Peter Herard- Adopted-5/0 Appointment of members to the Environmental Advisory Council Resolution 2004-108 appointing Michael Bauer - Adopted 5/0 and Judith Hushon - Adopted-3/2 (Commissioners Coletta and Fiala opposed) Ge Appointment of members to the Tourist Development Council Resolution 2004-109 Douglas House as Owner/Operator - Adopted-4/1 (Commissioner Henning opposed) and Murray Hendel as Non- Owner/Operator - Adopted 5/0 Staff to provide a report regarding alternate members for Advisory Boards. Page 6 10. COUNTY MANAGER'S REPORT Ae Approve Tourist Development Category "A" 1 O-Year Expense and Revenue Projections Direct staff to come back with revised budget at next BCC Meeting- Consensus Be Approve four Tourist Development Category "A" Grant Applications submitted by the Parks & Recreation Department for Beach Park facilities for Fiscal Year 2005 in the total amount of $307,000. Approved-5/0 Make a determination if Hideaway Beach is an eligible Category A project for the use of TDC funds based on the current approved BCC policy, dated December 16, 2003. Then approve or deny a TDC Category "A" Grant Application requested by the City of Marco Island for the Renourishment and Replacement of Temporary T-Groins on Hideaway Beach, Project 90502, in the Amount of $4,457,000. One time cost of $2.5M to stabilize the beach with T-Groins from TDC Funds and then 50/50 cost sharing with special taxing district for renourishment of Hideaway Beach - Approved-4/1 (Henning opposed) Approve The Denial Of Two Tourist Development Category "A" Grant Applications submitted by the City of Naples for Monitoring Of T-Groins and Turtle Monitoring at Gordon Pass for Fiscal Years 2004 and 2005 In The Amount Of $59,964. Motion to fund monitoring to close-out program - Approved-5/0 Ee This item to be heard after 4:00 p.m. Approve an Interlocal Agreement between Collier County and the City of Naples indicating that Collier County will withdraw its appeal to object to the City's proposed Comprehensive Plan Amendment regarding overpasses and that the City shall not object to its construction; Project No. 60027-C; No Fiscal Impact To be continued to the April 27, 2004 BCC Meeting Fe This item to be heard after 4:00 p.m. Authorize the Purchasing Department to advertise bids for the construction of the grade separated overpass at Airport-Pulling Road and Golden Gate Parkway; Project No. 60027-C; Fiscal Impact $500.00 Page 7 Go He Je Approved-4/1 (Commissioner Coyle opposed) This item to be heard at 3:00 p.m. Conducting the Conservation Collier annual public meeting to provide an update on the program's past activities and to provide direction to staff for implementing a future outreach strategy, for soliciting proposals and applications, and for identifying a finance strategy. Approved-5/0 Recommendation to approve a resolution pursuant to Section 112.061 (14), Florida Statutes, adopting the federal schedule for travel reimbursement rates for subsistence and mileage for County employees who are traveling on County business. Resolution 2004-110 - Adopted-5/0 This item to be heard at 3:30 p.m. (This is a companion to Item #10J) Item required to be on Regular Agenda per previous Board direction. Request to approve for recording the final plat of "Horse Creek Estates", formerly known as "Little Palm Island", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (This is a companion to Item 10J) Approved-5/0 This item to be heard immediately following Item #10I at 3:30 p.m. Petition AVESMT2003-AR5088 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 637, Page 857, and all of the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2248, Pages 1057 through 1058, Public Records of Collier County, Florida. Located in Section 23, Township 48 South, Range 25 East. (This is a companion item to Item 10I) Resolution 2004-113 Adopted-5/0 Added K. Board of County Commissioners to accept the donation of a 32-foot Regal boat reportedly appraised at $60,000 from Robert and Betty Southwick to the Board of County Commissioners as Ex-Officio the Governing Board of the Isles of Capri Fire Rescue District and to authorize the signing of an Page 8 8283 Tax Form by Chief Roddguez in acknowledgement of the donation. (Staff request) Approved-5/0 Moved from Item #16A7 L. Direct staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that non-functioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissioner Henning request.) Approved-5/0 Added M. Adopt Resolution opposing proposed House Bill 1237 and Senate Bill 2322 related to unjustified and unnecessary elimination of all authority of all Florida local governments STO charge application fees, transfer fees, siting fees, renewal fees and claims for reimbursement of the local government's out-of-pocket expenses against dealers of communications services, including cable television companies. (Staff request.) Resolution 2004-114- Adopted-3/0 (Commissioners Coletta and Henning out) 11. PUBLIC COMMENTS ON GENERAL TOPICS Ae William Klohn re Cypress Glen PUD Building Setback Problem Conditional Building Permit to be issued at Petitioners own risk and Petitioner to come back through the variance process. Ken Thompson re various public remarks. Bob Krasowski re an update on zero waste 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS County Manager Mudd indicated that Mr. A.C. Hancock passed away. County Manager Mudd indicate the hours of County Government Days at Coastland Mall on Friday, April 16th and Saturday, April 17th. Page 9 Commissioner Coletta to have a Townhall meeting on April 19th at Corkscrew Middle School and on April 29th the Waterways Association will have a meeting regarding the new high school at Corkscrew Middle School 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 "Bradford Lakes" AR 4091, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w/stipulations 2) Request to approve for recording the final plat of "Mustang Island II", AR-3811, and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w/stipulations 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-96 4) To accept Assignment Agreement for the water and sewer facilities easements for Fiddler's Creek, Lake 88. 5) To have the Board of County Commissioners set a public hearing date on May 11, 2004 for consideration of the abandonment of the Development Order as specified in petition DRIABN-03-AR-4987, the Twelve Lakes Development of Regional Impact (DRI) for Page 10 6) 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, Collier County, Florida. Hearing to be set for May 11, 2004 Proposed Amendment to Resolution 2004-17, establishing a fee schedule of development related review, and processing fees including: as provided for in division 1.10 of the Collier County Land Development Code: superceding Resolution No. 2004-17, and providing for an effective date. (Staff request.) Resolution 2004-97 Moved to Item #10L 7) Direct Staff to revise the Littoral Shelf Standards of the LDC to clearly indicate that nonfunctioning Littoral Shelves shall meet the listed criteria identified in the LDC. (Commissoner Henning request.) 8) To accept Assignment Agreement for water and sewer facilities easements for Fiddler's Creek, Phase 3, Unit 2 aka Sandpiper Drive. 9) Request to approve for recording the final plat of "Independence Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w/stipulations 10) Request to approve for recording the final plat of "Fiddler's Creek Phase Four, Unit One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved with stipulations 11) Final Acceptance Of Water Utility Facilities for First Baptist Church, Phase 1-A & 1-B. TRANSPORTATION SERVICES 1) Approve award of a construction contract with John Carlo, Inc. for intersection improvements in the amount of $507,543.69 on Golden Page 11 2) 3) 4) 5) 6) 7) 8) Gate Parkway at Sunshine Boulevard, Bid No. 04-3619. Award a construction contract in the amount of $1,860,563.00 to Douglas N. Higgins, Inc. and allocate $186,000.00 (10% of the construction cost) for contingency purposes to construct the proposed 13th street SW road project, Golden Gate Boulevard to 16th Avenue SW, Project No. 69068, Bid No. 04-3625. Approve a budget amendment to shift $1,105,000.00 between budgeted projects for a mid-year adjustment to the Stormwater Capital Improvement program. Request the Board to accept donated trees from the Bonita Bay Group for landscaping on Livingston Road. Request the Board approve an agreement which gives donated plants to homeowners for use as road buffering and general beautification along Vanderbilt Beach Road. Award work order no. UC-004 to Kyle Construction Inc., for the Immokalee Fifth Street ditch project (project no. 51725) in the amount of $371,856.59 and accept a temporary construction license. Award bid #04-3622, Rattlesnake Hammock Road (CR 864) landscape construction improvement project (US 41 to East Polly Avenue) landscape improvement project to Hannula Landscaping, Inc. in the amount of $489,897.76. Approve the Chairman to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) within the unincorporated area of Collier County, Florida for SR 93/175 at Golden Gate. Resolution 2004-98 9) That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation(FDOT) for landscape development improvement for a portion of the 1-75/Pine Road Interchange. Page 12 Ce Resolution 2004-99 10) That the Board issue a Resolution approving and authorizing the Chairman to sign a highway landscaping installation and maintenance agreement with the Florida Department of Transportation (FDOT) for landscape development improvements within the unpaved areas within the right-of-way of US41E/SR 45 from Rattlesnake Hammock Road to St. Andrews Boulevard. Resolution 2004-100 11) Award bid #04-3627, Airport Pulling Road north median landscape installation improvement project to Hannula Landscaping, Inc. in the amount of $510,605.66. 12) Award bid #04-3623, Pine Ridge Road (CR896) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $621,509.35. PUBLIC UTILITIES 1) Amend Work Order CAR-FT-04-01 to Carollo Engineers for Engineering Services related to SCADA and Control Network Upgrades at the North County Regional Water Treatment Plant in the amount of $539,113. 2) Approve funding related to upgrading the flow metering system at the South County Regional Water Treatment Plant, in the amount of $300,000, Project 71021. 3) Approve Change Order 8 (Final) to the Design Build Contract with Metcalf & Eddy, Inc., for Additional Reverse Osmosis Raw Water Supply Wells and In-Plant Modifications for the North County Regional Water Treatment Plant, Projects 70075 and 70094, in the deduct amount of $40,983. 4) Approve a Budget Amendment and an Engineering Services Work Order under Contract # 00-3119, Fixed-Term Professional Utility Engineering Services, with Malcolm Pirnie, Inc., to conduct a Feasibility Study for design of a Material Recovery Facility, Project Page 13 5) 6) 7) 59002, in the amount of $163,200. Approve a ~Work Order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management, with Humiston & Moore Engineers, Inc. for The Annual Monitoring of Wiggins Pass, project 90001, in the amount of $26,000. Approve amendment to professional services agreement with Water Resource Solutions related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99-2926, Project 74030. Approve emergency work orders and associated budget amendment for the repair of Injection Well No. 1 at the North Regional Water Treatment Plant in the amount of $1,150,350 for Project Number 71041. 8) 9) 10) 11) Approval to transfer funds in the amount of $48,700 from Water Pollution Control Fund (114) to miscellaneous grants fund (116) and to recognize revenue for the Golden Gate Groundwater Baseline Monitoring Program Contract C-15055 with the South Florida Water Management District Big Cypress Basin for miscellaneous grants fund (116) in the amount of $48,700. Award bid # 04-3577 to Professional Services Industries, Inc. for the Golden Gate Groundwater Baseline Monitoring Program and approve the associated budget amendment in the amount of $60,645. Approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers, Inc. for the annual monitoring of Hideaway Beach and T-Groins 2004, Project 90540, in the amount of up to $87,000; approve a Budget Amendment to move funds which were placed in the wrong project number to this Project 90540, in the amount of $95,000. Authorize Finalization of Negotiations and approval by the Public Utilities Administrator of an engineering services work order under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc. for Annual Monitoring of the County and Naples Page 14 Beaches Major Renourishment (Project 90536) in an amount not to exceed $75,000. D. PUBLIC SERVICES 1) Approval of real estate incentives to aid the purchase of property for beach and boat access. 2) Approve the Summer Food Service Program Grant in the Amount of $462,000 3) Direct staff not to pursue a feasibility study of the Wiggins Pass Marina property. E. ADMINISTRATIVE SERVICES 1) Declaration of public purpose for the expenditure of up to $500 toward co-sponsorship of the Naples Town Hall Meeting on Healthcare Solutions. 2) Approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Document effective January 1, 2004. 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. Period covers February 23, 2004 through February 30, 2004 4) Report to the Board Of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of March 13, 2004, resulting in $315,803.00 in net revenue. Approve a budget amendment in the amount of $400,000, Project 500281 (Installation of GIS Conduit) F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners Award Bid #04-3632 for Horticulture Debris Hauling Disposal in Pelican Bay to Wherry Truck Lines, Inc. Page 15 2) 3) 4) $) Board of County Commissioners authorization for the Clerk of the Circuit court to pay invoice number 16122 in the amount of $3,264.86 to Kelley Swafford & Roy for services received while tourism was under contract with the Tourism Alliance of Collier County and to find that those services served a public purpose by promoting tourism in Collier County Approve Tourist Development Category "A" Grant Applications For Beach Renourishment and Maintenance For Fiscal Year 2005 In The Amount Of $687,400 Approve two Tourist Development Category "A" Grant applications and a budget amendment submitted by the Parks & Recreation Department for Beach Cleaning 2004 in the amount Of $155,600. Approve Three TDC Category "A" Grant applications for the renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches in the amount of $14,450,000 6) Approve two Tourist Development Category "A" Grant Applications from the City of Naples, approve a budget amendment and approve a standard tourism agreement for beach cleaning for Fiscal Years 2004 and 2005 in the amount of $179,804. 7) 8) 9) Recommendation that the Board of County Commissioners Award Bid #04-3613 for Pelican Bay- Gulf Park and Oakmont Irrigation Installation to Collier Irrigation, Inc. and approve the necessary Budget Amendment. In the amount of $197,027.50 Approve Isles of Capri Fire and Rescue District's application for a matching (50/50) grant offered by the Florida Division of Forestry in the amount of $3,157 and approve the necessary budget amendments to recognize and appropriate the revenue if funds are awarded. Approve the Ochopee Fire Control District's application for a matching (50/50) Grant offered by the Florida Division of Forestry in the amount of $2785.00 and approve the necessary Budget Amendments to recognize and appropriate revenue. Page 16 10) Approval of Budget Amendment Report - BA #04-171 in the amount of $20,000 for structural repair of 30% of the boat slips at Cocohatchee Park; and BA #04-173 in the amount of $49,500 to pay for increase to the contract for the Goodlette Road project. 11) Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Pelican Bay Foundation, Inc. and Collier County for a portion of the Water Management Easement located on Parcel B, Pelican Bay Unit Sixteen. Ge AIRPORT AUTHORITY 1) Approve a budget amendment to increase both the purchase of fuel and the sale of fuel at Marco Island Airport in the amount of $169,100. H. BOARD OF COUNTY COMMISSIONERS 1) 2) Commissioner Coletta is requesting approval for payment to attend a function serving a valid public purpose for the Collier County Medical Society's Annual Meeting and Installation of Officers for 2004-2005, as he has been invited to be a speaker at this event. To be held at the Registry on May 8th in the amount of $50.00 A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. Resolution 2004-101 I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous Items to File for Record with 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. Detailed reports of open purchase orders are available for Page 17 review in the County Manager's office. March 1 through March 31, 2004 K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondent, Nancy L. Johnson Perry, Successor- Trustee of the Dorothy L. Johnson Revocable Inter Vivos Trust under Agreement dated June 11, 1998, for Parcels 136, 836 and 936 in the Amount of $29,520.00 in the Lawsuit Styled Collier County v. David J. Frey, et al., Case No. 03- 2353-CA (Golden Gate Parkway Project #60027). 2) Approve the Stipulated Order of Taking and Final Judgment Relative to the Acquisition of Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et al. Vanderbilt Beach Road Project #63051. Direct payment of $100 service fee to Clerk of Courts 3) Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 137, 737, 837 and 937 in the Lawsuit Styled Collier County v. Helen Twitty, et al., Case No. 03-2284-CA (Golden Gate Parkway Project #60027). Direct payment of $100 service fee to Clerk of Courts and staff to deposit the sum of $6300 into the Court Registry 4) Authorize the making of an Offer of Judgment to Respondent Edith G. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of $10,000.00 in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project #60018). 5) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 196 in the lawsuit styled Collier County v. Robert W. Pieplow, et al., Case No. 02-2133-CA (Immokalee Road Project # 60018). 6) Authorize the making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $74,800.00 in the lawsuit styled Collier County v. Jeffrey A. Richardson, et al., Case No. 02-2188-CA (Immokalee Road Page 18 Project #60018). 7) Approve the Mediated Settlement Agreement as to Parcels 151 and 152 in the lawsuit styled Collier County v. John F. Sudal, et al., Case No. 02-5168-CA (Immokalee Road Project 60018). 8) Authorize the making of an Offer of Judgment to Respondent James S. Gran for the acquisition of Parcel No. 167 in the amount of $7,500.00 in the lawsuit styled Collier County v. Thomas F. Salzman, et al., Case No. 03-2550-CA (Golden Gate Parkway Project #60027). 9) Approve the Stipulated Final Judgment Relative to the Easement Acquisition of Parcel 326 in the Lawsuit styled Collier County v. Agnaldo DeLima, et al., (Golden Gate Boulevard Project (Project #63041). Direct payment of $100 service fee to Clerk of Courts and staff to deposit the sum of $1100 into the Court Registry 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. Moved to Item #8H A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3584, Robert Duane of Hole Montes Inc., of Naples, representing Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to the Page 19 Be "Agriculture" (AG) district of the PUD. SE-03-AR-3766, an Ordinance amending Ordinance 02-43, the Balmoral PUD to correct a scrivener's error in Section 1.2 - Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 south, Range 26 east, Collier County, Florida. Ordinance 2004-22 Adopt a Resolution authorizing a change in format to Water and Wastewater Schedule Two of Appendix A, Ordinance 2001-13 in order to provide clarity and consistency in the assessment of residential water and wastewater impact fees; authorizing the inclusion of the Equivalent Residential Connection (ERC) value range for a one and a half inch (1.5") water meter in order to correct a scrivener's error; authorizing the repeal of Resolution No. 2003-93 and Resolution No. 2003-300. Resolution 2004-102 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 20