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Recap 02/26/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 26, 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 1 February 26, 2002 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 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. Reverend Susan Diamond, First Christian Church o AGENDA AND MINUTES Approved and/or adopted with changes - 5/0 A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 29, 2002 - Workshop C. January 29, 2002 - Arnold and Blair Contract Approval D. February 5, 2002 - Sheriff Workshop E. February 5, 2002 - District 1 Town Hall Meeting F. February 6, 2002 - Special LDC Meeting PROCLAMATIONS A. Proclamation to recognize the Friends of the Library. To be accepted by Mr. Jay Wolff, President, Friends of the Library. Adopted - 5/0 Proclamation to acknowledge the work of the National Multiple Sclerosis Society. To be accepted by Dr. Lunney, Karen Dresbach and Krista Fitzsimmons. Adopted - 5/0 2 February 26, 2002 De mo Added F. Proclamation to recognize Peter Bolton for his Outstanding Safety Record. To be accepted by Peter Bolton, Helicopter Operations. Adopted - 5/0 Proclamation to recognize Dale Huguley for Volunteer of the Year for Collier County Emergency Management. To be accepted by Dale Huguley. Adopted - 5/0 Proclamation for Aviation Day. Soliday. Adopted - 5/0 To be accepted by Peter Manion and Ted Plaque presented to Commissioner James Carter for Outstanding Leadership in Collier County Adopted - 5/0 Added G. Proclamation recognizing Brian Shimer for his outstanding achievement and claiming March 1, 2002 as Brian Shimer Day. Adopted - 5/0 e SERVICE AWARDS Presented Five-Year Attendees: 1) 2) 3) Jason Toreky, Code Enforcement Joseph Thomas, Water Treatment Marla Ramsey, Parks and Recreation Ten-Year Attendees: 4) Steven Preston, Stormwater Management Twenty-Year Attendees: 5) Ephrim McMullen, Ochopee Fire Department A 5. PRESENTATIONS 3 February 26, 2002 PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 1) Ken Thompson regarding neighborhood bar. 2) Colin Kelly regarding sand on the beach BOARD OF ZONING APPEALS e ADVERTISED PUBLIC HEARINGS This item was continued from the February 12, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD-2000-22, William L. Hoover, AICP, of Hoover Planning and Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Pine Ridge Redevelopment Group, requesting a rezone from "RSF-4" Residential Single Family and "C-I" Professional Commercial District to "PUD" Planned Unit Development to be known as Goodlette Comers PUD for the purpose of permitting commercial, office and service land uses for property located on the southwest comer of Pine Ridge Road, (CR 896) and Goodlette-Frank Road (CR 851) in Section 15, Township 49 South, Range 25 East, Collier County, Florida. Ordinance 2002-08 - Adopted with changes 5/0 This item was continued from the February 12~ 2002 BCC Meeting. 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 Flow Way Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Ordinance 2002-09 Adopted - 5/0 BOARD OF COUNTY COMMISSIONERS Discussion regarding increasing fines for red-light running. (Commissioner Carter) Staff to work with the Sheriff's Office, prepare ordinance with a $500 fine and come back to the Board - 5/0 Report to Board of County Commissioners regarding Florida Association of Counties Legislative Day Activities. (Commissioner Carter) 4 February 26, 2002 Report Accepted - 5/0 Added C. 10. Discussion by the Board to reconvene at 6:00 p.m., March 4, 2002, the Rural Fringe Final Hearing to allow attendance of the public that are not able to attend meeting during the day. (Commissioner Henning) Meeting to begin at 9:00 a.m., recess and then reconvene at 6:00 P.M. (Consensus) COUNTY MANAGER'S REPORT Reconsideration of 2002 Tourism Agreement between Collier County and Prutos Public Relations, Inc. (Joseph K. Schmitt, Administrator, Community Development) 30-day notice to be given to Prutos to terminate contract and Staff to advertise for Tourism Director - 5/0 Be Request by Adrienne Cozette, representing Friends of Art at the Naples Museum of Art and Galleries, for a Waiver of Right-of-Way permit fees for temporary parking in the Right-of-Way. (Joseph K. Schmitt, Administrator, Community Development) Denied - 4/1 (Commissioner Carter opposed) C. This item has been deleted. Authorize an agreement in the amount of $53,217 to fulfill a commitment of the Olde Cypress Planned Unit Development. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 te Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and 43rd Avenue N.E., Capital Improvement Element No. 71 (Project No. 60018). (Norman E. Feder, AICP, Administrator, Transportation Services) Res. 2002-125 - Adopted 4/0 (Commissioner Carter out) Fe This item to be heard as last item to Board Meetine: Strategic Planning Follow Up. (Thomas W. Olliff, County Manager) 5 February 26, 2002 Three different headings detailed in the executive summary as recommended by Staff- Approved 4/0 (Commissioner Carter out) Added G. A resolution opposing legislation to rescind the eminent domain authority of Collier Counaty or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. (Staff request) Res. 2002-126 - Adopted 4/0 (Commissioner Coyle out) Moved from Item #16B5 H. Authorization for staff to amend the current agreement with McDonald Transit Associates Inc., to implement operational and management modifications to the Collier Area Transit (CAT) system in the amount of $234,307.00. (Commissioner Coyle request) Approved with exception of salary related issues which will be brought back on March 12, 2002 - 3/1 (Commissioner Carter out and Coyle opposed) Moved from Item #16E5 I. Authorize the Chairman to sign five applications submitted by Collier County Government to the National Association of Counties (NACo) Awards Program. Approved - 4/0 (Commissioner Carter out) Moved from Item #16C10 J. Approve a design build contract with Metcalf and Eddy, Inc., for new reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant, Project 70075, in the amount of $3,973,196. (Staff request) Approved with stipulations - 4/0 (Commissioner Carter out) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT Ao This item to be heard at 2:00 p.m. or at the conclusion of the regular meeting agenda, whichever occurs first. Closed Attorney-Client Session requested by County Attorney at February 12, 2002 Board Meeting pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Thomas Wajerski, v. Collier 6 February 26, 2002 Be County, Case Nos. 95-3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case No. 99-303 in the United States District Court for the Middle District of Florida. CLOSED SESSION This item to be heard immediately following Item 12 A. This item was continued from the February 12~ 2002 BCC Meeting. Recommendation that the Board approve the settlement of all pending litigation and claims involving Thomas Wajerski, including, without limitation, Case Nos. 95- 3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case no. 99-303 in the United States District Court for the Middle District of Florida, and authorize the Chairman to sign all necessary settlement documents. Approved with stipulations - 3/1 (Commissioner Coletta opposed and Commissioner Carter out) 13. OTHER CONSTITUTIONAL OFFICERS 14. 15. FUTURE AGENDAS STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Chairman to send letter to legislative delegation opposing diverting ship funds to the Everglades restoration Staff directed to advertise on Channel 11 regarding Florida Div. Of Forestry meeting in Golden Gate Estates regarding providing wildfire information Ce Letter regarding ethics ordinance sent to Dr. Ferenz indicating that all documents would be provided to him. Dr Ferenz to provide his scope of work to the BCC for approval. 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. 7 February 26, 2002 Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Island Walk Phase One-B". 2) 3) Request to approve for recording the final plat of "Island Walk Phase Seven" 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 "Grey Oaks Unit Ten". Res. 2002-99 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Grey Oaks Unit Twelve". Res. 2002-100 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Grey Oaks Unit Thirteen". Res. 2002-101 6) Request to approve for recording the final plat of "Runaway Bay at Fiddler's Creek" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations 7) Approve committee selection of Henderson, Young and Company for contract negotiations for RFP 02-3317 "Consultant Services for Impact Fee Update Studies-Educational Facilities". 8) Adopt Resolutions enforcing liens on properties for Code Violations. Res. 2002-102 through 2002-110 9) Adoption of a Resolution approving two (2) applications for Impact Fee Waivers for eligible charitable organizations. 8 February 26, 2002 Res. 2002-111 lO) Approval of a lease between C.P.O.C. Realty and Collier County for office space to be utilized by the Natural Resources Department and a Budget Amendment to fund the relocation of the Natural Resources Department. B. TRANSPORTATION SERVICES 1) Adopt a Resolution authorizing the conveyance of Collier County owned real estate to the State of Florida Department of Transportation for the construction of roadway interchange improvements to State Road 93 (1-75) at the overpass of County Road 886 (Golden Gate Parkway). Res 2002-112 2) Approve a Donation Agreement and accept a drainage easement for the benefit of the Wiggins Pass Drainage Basin. 3) Approve an Easement Agreement and accept a drainage easement for the Lely Stormwater Improvement Project. 4) Approve Amendment No. 1 to the contract for professional engineering services by CH2M Hill for Immokalee Road (CR 951 to 43rd Avenue NE) four-lane design, Project No. 60018 in the amount of $230,444.00. Moved to Item #10H 5) Authorization for staff to amend the current agreement with McDonald Transit Associates Inc., to implement operational and management modifications to the Collier Area Transit (CAT) system in the amount of $234,307.00. 6) Approve award of a construction contract to the lowest bidder, APAC, Inc., for right turn lane from Immokalee Road to 47th Avenue NE in the amount of $53,613.90, Bid No. 02-3340. 7) Approve the piggybacking of a Village of Wellington (Palm Beach County) contract to purchase a front-end loader for the Road and 9 February 26, 2002 8) 9) Bridge section, approximate cost $70,000. Approve an agreement for construction of access improvements for Pebblebrooke Plaza located at Immokalee Road and Collier Boulevard (CR 951). Recommendation that the Board of County Commissioners extend the present Services Agreement for the Pelican Bay Services Division until December 31, 2002. Added lO) Approval to enter into an Agreement with the Florida Department of Community Affairs for the reimbursement of emergency protective measure expenditures. (Staff request) PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $34.50 to record the liens. Res. 2002-113 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $70.50 to record the liens. Res. 2002-114 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $58.50 to record the liens. Res. 2002-115 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received 10 February 26, 2002 5) 6) 7) 8) 9) payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $82.50 to record the liens. Res. 2002-116 Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $184.50 to record the liens. Res. 2002-117 Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $226.50 to record the liens. Res 2002-118 Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $78.00 to record the liens. Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and/or sewer system impact fees. Fiscal Impact is $91.50 to record the liens. Approve a contract for engineering services to Agnoli, Barber and Brundage for the relocation of utilities in advance of widening US 41 from Old 41 to the County line. The project number is 70045 and the contract amount is $41,900. Work Order ABB-FT-02-01 Changed and Moved to Item #10J 10) Approve a design build contract with Metcalf and Eddy, Inc., for new reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant, Project 70075, in the amount of $3,973,196. (Staff request) 11 February 26, 2002 11) Approve Work Order GH-FT-02-1 with Greeley and Hansen LLC, to perform field excavation and investigation on the existing 30-inch sewer force main, Project 73943 in the amount of $108,120. 12) Approve new escrow account for County utility relocations in conjunction with US 41 road widening from Myrtle Road to Old US 41, Projects 70047, 70048 and 73048. Chairman to sign Memorandum of Agreement in the amount of $275,960.62 with FDOT 13) Waive purchasing competitive bid policy and approve the use of the Parkson Corporation to assist with the rebuilding of the North County Water Reclamation Facility Mechanical Bar Screens for the amount of $58,052.00. 14) Approve Waiver of Single Job Cap of $200,000-Contract 99-2915 with Lightner Contracting, Inc. for up to $700,000. For Beach sand sifting/rock removal 15) Approve a Resolution authorizing declarations of official intent under U.S. Treasury Regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to issuance, and other related matters, for the North County Water Reclamation Facility, Project 73077. Res. 2002-119 16) Approval to enter an agreement with the Florida Department of Community Affairs for the reimbursement of Emergency Protective Measure Expenditures. PUBLIC SERVICES 1) Approve a Transportation Agreement with the Collier County School Board for camp participants in the amount of $47,000. Utilization of school buses to transport camp participants 2) Approve a Budget Amendment to recognize revenue from insurance proceeds to replace two stolen mowers in the amount of $9,678 12 February 26, 2002 Ee 3) 4) 5) 6) Approve application from National Recreation and Parks Association for accreditation of Park and Recreation Agencies. 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., DBA/Senior Solutions of Southwest Florida, and authorize increase of one permanent part time position to permanent full time status in' the amount of $658,100. Approve the Master Agreement relating to Services for Seniors' Grant Programs and authorize the Chairman to sign the Master Agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DBA/Senior Solutions of Southwest Florida. Award Bid #02-3323 boardwalk deck and handrail replacement at Barefoot Beach Access, Barefoot Beach Preserve park, and South Marco Beach Access in the amount of $194,427. Awarded to Quality Enterprises, U.S.A., Inc. for boardwalk deck and handrail replacements ADMINISTRATIVE SERVICES 1) Approve Committee Selection of six firms for contract negotiations for RFP 02-3324 "Fixed Term Surveying and Photogrametric Services". As contained in the Executive Summary 2) Approve staff' s short list for architectural services for the design of the Grey Oaks Public Safety Facility, RFP #02-3326. Staff to negotiate with Barany, Schmitt, Summers, Weaver & Partners, Inc. 3) Approve the Budget Amendments to transfer reserves from Fund 517, Group Health and Life, to the new Fund 519, Short-Term and Long- Term Disability in the amount of $250,000. 4) Approval of a Resolution establishing an Employee Health and Wellness Prevention, Incentive and Reimbursement Program to Fobruary 25, 2002 reward employees who participate in County sponsored or endorsed health and wellness programs. Estimated annual cost $35,000. Res. 2002-120 Moved to Item #10I 5) Authorize the Chairman to sign five applications submitted by Collier County Government to the National Association of Counties (NACo) Awards Program. 6) Recommendation to declare certain county-owned property as surplus and authorize a sale of the surplus property on March 16, 2002. 7) Reject Bid received on Bid #02-3341 "Laboratory Chemicals and Supplies" Bid rejected from KSE Scientific 8) Approve and execute an agreement with the Big Corkscrew Island Fire Control and Rescue District providing for a maximum expenditure of $35,850.00 from the GAC Land Trust to purchase personal protective equipment. 9) Approve and execute an agreement with the Big Corkscrew Island Fire Control and Rescue District providing for the trade-in value of $40,500 for an older pumper truck to be applied towards the purchase of a new pumper truck. lO) Approve Master Purchase Agreement for RFP 01-3282 Wireless Application Systems. Awarded to Dua computer Resources, Inc. Fo EMERGENCY SERVICES 1) Approval of a Disaster Relief Funding Agreement between the Florida Department of Community Affairs and the Ochopee Fire and Rescue Control District for the reimbursement of disaster related expenses in the amount of $36,280, approval of the associated resolution, and approval of the necessary budget amendment to recognize and appropriate additional revenue and appropriate funds from reserves Res. 2002-121 14 February 26, 2002 G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment//02- 189. H. AIRPORT AUTHORITY Deleted BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Coletta) All Commissioners approved to attend 2) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Fiala) 3) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Coletta) All Commissioners approved to attend MISCELLANEOUS CORRESPONDENCE Ke Le 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services for the Public Defender for Case No's: C1K020130-12. RECOMMENDED APPROVAL. 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Approve agreement with The City of Naples for Election Services. COUNTY ATTORNEY 1) Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses/consultants/outside counsel for the County in Aquaport, LC v. Collier Cou'nty, Case No. 2:01-CV- 341-FTM-29DNF in the United States District Court for the Middle District of Florida, exempt the County Attorney from the purchasing 15 February 26, 2002 2) 3) 4) 5) 6) 7) policy if and to the extent the purchasing policy is applicable and authorize the Chairman to sign any necessary retention documents. Recommendation that the Board of County Commissioners approve the Resolution of a potential lien by the Social Services Department of Collier County against Wanda Hensley by way of acceptance of the sum of fifteen hundred dollars ($1,500) from Wanda Hensley and in return Collier County would release all claims against Wanda Hensley for payment of medical services provided on behalf of Wanda Hensley up to and including July 1999 but not subsequent thereto. Recommendation that the Board approve Amendment Number 4 to the Legal Services Agreement with the Law Firm of Carlton, Fields, Ward Emmanuel, Smith and Cutler, P.A. Recommendation that the Board of County Commissioners approve the Supplemental and Amended Stipulated Final Judgment relative to the easement acquisition on Parcels 106A, 106B, 706 and 806 in the Lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Road to Vanderbilt Beach Road). Approve the Agreed Order awarding expert fees relative to the fee simple and easement acquisition of Parcels 155 and 855 in the Lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th Day of May, 1991, et al, Case No. 99-1394-CA (Livingston Road, Project No. 60061). Approve attorney's fees associated with the acquisition of Parcel 163 in the Lawsuit entitled Collier County v. Russell Baisley, et al, Case No. 01-0758-CA (Livingston Road six-laning project from Golden Gate Parkway to Pine Ridge Road, Project No. 60071). Approve two mediated settlement agreement and two stipulated final judgments incorporating the same terms and conditions as the mediated settlement agreements relative to the acquisition of Parcels 2.4T and 53T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 6/5/86, et al, Case 16 February 26, 2002 No. 99-3040-CA, Project No. 65041. 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 ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ¥A-2001-AR-1442, Kirk Sanders, requesting a 2.3 foot after-the-fact variance from the required 1 O-foot rear yard setback establishing for accessory structures to 7.7 feet for property located at 1139 Sperling Avenue, further described as Lot 14, Block B, Sperlings Subdivision, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. Res. 2002-122 Continued to March 26, 2002 BCC Meeting B. This item was continued from the January 22~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1420, William L. Hoover, AICP, Hoover Planning and Development, Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A-MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care on property located at the northwest comer of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR- 1526, Kraft Construction Company, Inc., representing Diocese of Venice Catholic 17 Februar~ 26, 2002 Church, requesting a 6.5 foot variance from the required 30-foot front yard setback to 23.5 feet for property located at 5225 Golden Gate Parkway, in Section 28, Township 49 South, Range 26 East, Collier County, Florida. Res. 2002-123 De This item requires that all participants be swom in and ex parte disclosure be provided by Commission members. Petition AVPLAT-2001-AR1835 to disclaim, renounce and vacate the County's and the public's interest in the 15' wide drainage easement located along the lot line common to Lots 7 and 8, according to the plat of"Mediterra Parcel 111" as recorded in Plat Book 37, Pages 8 through 9, Public Records of Collier County, Florida, located in Section 11, Township 48 South, Range 25 East. Res. 2002-124 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 February 26, 2002