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Recap 03/26/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 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 March 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 David Richter, Gulf Shore Community Church 2e AGENDA AND MINUTES Adopted and/or approved with changes - 5/0 with the exception of Item #17A which is 4/1 (Commissioner Carter opposed) Ae C. D. E. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) February 26, 2002 - Regular Meeting February 27, 2002 - Special Meeting March 4, 2002 - Special Meeting March 6, 2002 - Workshop 3. PROCLAMATIONS Ae Proclamation for Conservancy Volunteer Month. Prosser, President and CEO of the Conservancy. Adopted - 5/0 To be accepted by Kathy Be Proclamation for Friends of the Parks. Adopted - 5/0 Proclamation for Collier County Community Development Week. accepted by Mr. Denny Baker, Interim HUI Director. Adopted - 5/0 To be Do Proclamation for the Anniversary of Know Your County Government Week. To be accepted by Sherrie Achors and Heather Woodward. 2 March 26, 2002 e e Adopted - 5/0 E. Proclamation for acceptance of the Christopher Columbus Statue by the Knights of Columbus. Adopted - 5/0 SERVICE AWARDS Presented Five-Year Attendees: 1) Christopher Sottilaro, Water Treatment 2) Aurelio Perez, Parks and Recreation 3) James Hendrixson, Code Enforcement Fifteen-Year Attendees: 4) John Poczynski, Emergency Medical Services Twenty-Year Attendees: 5) Ervin Collins, Transportation PRESENTATIONS Presented A. A presentation from the most recent "Ideas Team" following their recent visit to Sarasota County. Presented PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 1) 2) 3) Be Ty Agoston re Immokalee Road construction Bob Krasowski re Zero Waste in Collier County Jan Krasowski re Zero Waste in Collier County Public Petition request regarding traffic signal at the Orchards and Vanderbilt Beach Road. 3 March 26, 2002 Discussed by David Strueble; Commissioner Carter to contact Piper's Grove re interconnect 7. BOARD OF ZONING APPEALS Se Ae Be This item is being continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1456, Dwight Nadeau of RWA, Inc., representing Maloncy and Sons Equipment Inc., requesting Conditional Use "20" of the Industrial district for a waste recycling and transfer facility for property located at 3600 Prospect Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 4.78+ acres. This item was continued from the February 26~ 2002 Board of County Commissioner 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 center on property located at the northeast comer of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. Res. 2002-161 Adopted w/changes - 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1414, Kathy Morgan, of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional Use "2" of the RSF-3 zoning district for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5+ acres. Res. 2002-162 Adopted- 5/0 ADVERTISED PUBLIC HEARINGS Moved to Item #17D A. Acceptance of Settlement in the Case of B.J. Boyer-Savard, et al, vs. Collier County, et al, Case No. 01-1082-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat 4 March 26, 2002 dock. Be e This item continued from the March 12~ 2002 Board of County Commissioner Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2002-AR-1978, requesting a rezone from "RSF-3" Residential Single Family to "PUD" Planned Unit Development to be known as the Henderson Creek PUD, allowing 500 residential dwelling units; and requesting an affordable housing density bonus agreement, requested by Gateway Shoppes, LLC, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, and Wayne Arnold of Q. Grady Minor and Associates, all for property located on the Southside of the Tamiami Trail (U.S. 41) and approximately one-half mile East of Collier Boulevard (CR 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Ord. 2002-15 Adopted w/changes - 4/1 (Commissioner Fiala opposed) Affordable Housing Density Bonus Agreement Approved as amended - 4/1 (Commissioner Fiala opposed) BOARD OF COUNTY COMMISSIONERS Ae Be De Added: E. Appointment of member to the Hispanic Affairs Advisory Board. Res. 2002-158 appointing Alina Prior Protuondo - Adopted 5/0 Appointment of members to the Tourist Development Council. Res. 2002-159 appointing Susan Becket, Kevin Durkin and Gary Galleberg - Adopted - 5/0 Discussion regarding Longshoremen's and Harbor Workers' Compensation Act (L&HWCA) and its applicability to Collier County's Contractors' Ordinance. (Commissioner Henning) Approved - 5/0 Resolution of the Board of County Commissioners of Collier County, Florida supporting increased funding for Regional Planning Councils. (Commissioner Carter) Res. 2002-160 Adopted - 5/0 Discussion regarding passive parks. (Commissioner Henning) 5 March 26, 2002 Discussed 10. COUNTY MANAGER'S REPORT Ae This item to be heard at 9:30 a.m. Recommendation to confirm the appointment of James DeLony to the position of Public Utilities Administrator. (Thomas W. Olliff, County Manager) Confirmed - 5/0 Be Recommendation that the Community Redevelopment Agency (CRA) set a meeting for April 30, 2002, from 9:00 a.m. to 12:00 noon; estimated cost to the CRA is $900.00. (Joseph K. Schmitt, Administrator, Community Development) Approved - 4/0 (Commissioner Carter absent) Ce 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 CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact: $5,732,106. (Norman Feder, Administrator, Transportation Services) Res. 2002-163 -Adopted 3/0 (Commissioners Carter and Coyle out) De Present adopted Residential Parking Standards for the Board of County Commissioners reconsideration. (Joseph K. Schmitt, Administrator, Community Development) Staff to bring back clarification during the next LDC cycle (consensus) Ee This item to be heard at 11:30 a.m. Review the written and oral reports of the Advisory Boards scheduled for review in 2002 in accordance with Ordinance 2001-55. Presented Moved from Item#16B1 F. Approve the use of contracted mitigation banks for road construction projects. Approved - 5/0 6 March 26, 2002 Moved from Item#16B5 G. Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. Approved - 4/1 (Commissioner Coyle opposed) Moved from Item#16A9 H. Approve the Settlement Agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony d. Varano, Case Nos. 99-4226-CA and 00-3430- CA. Staff directed to go back to negotiation table with conditions and current offer rejected - 3/2 (Commissioners Coletta and Fiala opposed) Moved from Item#16A18 I. Amend the Budget to reallocate reserve funds in the amount of $100,000.00, previously approved by the Board of County Commissioners in July 2001, for the Immokalee Housing Initiative. Approved in the amount of $40,000- 5/0 11. AIRPORT AUTHORITY 12. 13. 14. 15. COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS Ae Report on the Pelican Bay MSTBU Ordinance and Public Opinion Poll. Report accepted; Ordinance to be reviewed by Clerk's Office and County Attorney's Office and come back to the Board - 5/0 FUTURE AGENDAS STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Update regarding the sign for Mr. Chami at the Town Market Project in Olde Cypress B Chair to forward a letter to Porter Goss regarding Community Development Block Grants - 5/0 B. Staff directed to recommend an organizational structure that could pursue an 7 March 26, 2002 Annual art fair. 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 with the exception of Item #17A which is 4/1 (Commissioner Carter opposed) COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Final acceptance of Water Utility Facilities for Shalom 2000 Building Addition. Performance Security Released 2) Amend a Grant Agreement from the Florida Fish and Wildlife Conservation Commission for derelict vessel removal to increase the amount awarded by $35,000 to a total of $46,000. 3) Final acceptance of Water Utility Facilities for Medical Offices at Napa Ridge. Performance Security Released 4) Petition CARNY-2001-AR- 1713, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting permit to conduct a carnival April 12 and 13, 2002, on county owned property at the Vineyards Community Park located at 6231 Arbor Boulevard. Carnival Permit 2002-07 s) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"L'Ermitage at Grey Oaks". Res. 2002-146 8 March 26, 2002 6) 7) Request to approve for recording the final plat of"Strada Bella" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulation Request to approve for recording the final plat of "Indigo Lakes Unit Five". Deleted 8) Adopt Resolutions enforcing liens on properties for Code Violations. Moved to Item#10H 9) Approve the Settlement Agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony d. Varano, Case Nos. 99-4226-CA and 00-3430-CA. lO) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Island Walk Phase Two". Res. 2002-147 11) Request to approve for recording the final plat of "Pine Air Lakes Unit Three". 12) Final acceptance of water utility facilities for Temple Shalom. Performance Security Released 13) Recommendation that the Community Redevelopment Agency approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 14) Recommendation that the Board of County Commissioners approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 9 March 26, 2002 i5) 16) 17) Approval of the Mortgage and Promissory Note for a Two Hundred Thirty-Seven Thousand ($237,000) Dollar Loan to Big Cypress Housing Corporation to assist in the construction of the Main Street Village Affordable Housing Development in Immokalee. Fund source is the Affordable Housing Trust Fund. Reappropriate $30,000 of funds from Tourist Development Reserves to Cover FY02 Brochure expenditures of the County Sheriff and Emergency Management Departments. Approval of an Inteflocal Agreement with the Collier County District School Board to authorize plan review and inspection services for construction and maintenance projects of the school districts under the Florida Building Code (FBC); and adopting a schedule of fees for such services. Moved to Item#10I 18) Amend the Budget to reallocate reserve funds in the amount of $100,000.00, previously approved by the Board of County Commissioners in July 2001, for the Immokalee Housing Initiative. B. TRANSPORTATION SERVICES Moved to Item 1) 2) 3) 4) #10F Approve the use of contracted mitigation banks for road construction projects. Recommendation that the Board of County Commissioners award Bid #02-3347 for the Pelican Bay U.S. 41 berm irrigation system to Collier Irrigation in the amount of $98,914.00 and approve the Chairman to execute the contract documents upon attorney review. Approve an Easement Agreement and accept a Drainage Easement for the Lely Stormwater Improvement Project, not to exceed $2,600.00. Approve a Budget Amendment for Work Order Number WMI-02-04 with Wilson Miller Inc., in the amount of $78,100.00 for the preparation of design documents for improvements of 13th Street SW, 10 March 26, 2002 from 16th Avenue SW to Golden Gate Boulevard, Project Number 69068. Moved to Item#10G 5) Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. 6) Approve Work Order No. APC-FT-02-01 with Apac, Inc., for turn lane improvements in the amount of $79,814.45 on Golden Gate Parkway at 53rd Street SW, Project No. 60016. 7) Approve a Budget Amendment for a mid-year budget adjustment to the Transportation Capital Project Budget to bring it in line with the FY02 Transportation 5 year work program as presented during the Transportation segment of the 2001 AUIR. The proposed budget change equals $41,595,221. C. PUBLIC UTILITIES 1) Award Work Order SC-02-45 to Surety Construction Company for general contracting services related to noise issues at the North County Regional Water Treatment Plant, Project 70063, in the amount of $61,000. 2) 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 $18.00 to record the liens. 3) Approve Change Order 1 to Gulf States Inc. for the Vineyards reuse water automation project, Contract 01-3211, in the amount of $71,210. 4) Approve Work Order GH-FT-02-3 with Greeley and Hansen LLC, for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, Project 70892, in the amount of $391,365. 5) Approval to enter an agreement with the Florida Department of Community Affairs for the reimbursement of approximately $75,000 11 March 26, 2002 6) 7) 8) 9) 10) 11) for emergency protective measure expenditures resulting from Tropical Storm Gabrielle. 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 $22.50 to record the liens. Res. 2002-148 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 $42.00 to record the liens. Res. 2002-149 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 $52.50 to record the liens. Res. 2002-150 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $64.50 to record the liens. Res. 2002-151 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 $88.50 to record the liens. Res. 2002-152 Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received 12 March 26, 2002 12) 13) 14) payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.50 to record the liens. Res. 2002-153 Approve annual service contract with U.S. Filter for maintenance and repair of odor control units at the South County Water Reclamation Facility, in the amount of $39,600.00. Approve Work Order GH-FT-02-4 with Greeley and Hansen LLC, for the Growth Management Plan - Sanitary Sewer and Portable Water Sub-Elements Update and Reclaimed Water Sub-Element, Projects 70070 and 73066, in the amount of$ ! 12,500. This effort reflects FY2001 Master Plan Updates. Waive formal competition and approve the purchase of 100 remote transmitting units from Data Flow Systems, Inc., for monitoring wastewater lift stations for the cost of $730,000. PUBLIC SERVICES 1) Approve a License Agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. 2) Approval of an Agreement with Dreambound Enterprises, Inc., for the performance of Jo Dee Messina for the Fourth Annual Country Jam Concert in the amount of $60,000. Ee ADMINISTRATIVE SERVICES 1) Award Bid #02-3329 for the annual contract for ready mix concrete to Schwab Ready Mix Inc., and Krehling Industries for an estimated annual expenditure of $25,000. 2) Approve a Resolution revising the Employee of the Month Program as established in Ordinance 87-5. Res. 2002-154 13 March 26, 2002 3) 4) 5) 6) 7) 8) 9) Request Board approval of an Inteflocal Agreement with the City of Naples for 800 MHz Radio Maintenance. Request Board approval to purchase communications equipment to upgrade the VHF Paging System utilized by Public Safety Agencies in the amount of $52,176.80. Amendments to lease w/Alpine Broadcasting (WAVV), adding 2 VHF antennas and line at the 700 foot level on and existing radio tower at an annual cost of $37,800 Award Contracts #01-3291 "Fixed Term Professional Construction Engineering and Inspection (CEI) Services" to the following firms: TBE Group, HDR Construction Control Corp., Law Engineering and Environmental Services, CH2M Hill, Johnson Engineering, Hole Montes, Barraco and Associates (estimated annual amount $350,000). Award Contract #01-3292 "Fixed Term Professional Structural Engineering Services" to the following firms: Jenkins and Charland, CH2M Hill, American Consulting Engineers, TKW Consulting Engineering, Anchor Engineering Consultants, Pyper Engineering (estimated annual amount $175,000). Award RFP 02-3327 - Annual Contract for roadway contractors to Better Roads, Inc., Bonness, Inc., APAC-Florida, Inc., and Florida State Underground for an estimated annual amount of $700,000 to $800,000. Recommendation to declare twelve hundred and fifteen (1,215) County-owned voting machines and other miscellaneous voting equipment as surplus and authorize a sale of the surplus property to County employees and the public pursuant to Florida State Statute 274.06 (estimated revenue $12,150). Authorize Work Order #BSSW-02-01 issued to Barany Schmitt Summers Weaver and Partners Incorporated, in the amount of $89,630.00, for the design and construction management of EMS Station #19 to be located on Santa Barbara Boulevard. 10) Request Board approval for Multiyear Telephone Switch Maintenance Agreement with Avaya Inc. using State of Florida Contract Pricing 14 March 26, 2002 11) and Master Agreement at an annual cost of $104,000. Amend the Resolution (02-120) establishing an Employee Health and Wellness Prevention, Incentive and Reimbursement Program to reward employees who participate in County sponsored or endorsed Health and Wellness Programs in an amount not to exceed $35,000 annually. Res. 2002-155 12) Request Board approval of a lease agreement between M/A Com Private Radio Systems Inc., and Collier County generating annual revenue of $72,900 and a Resolution regarding same. Res. 2002-156 Fe EMERGENCY SERVICES 1) Board of County Commissioners approval to advertise an amendment to an Ordinance of Collier County, Florida to increase the millage rate for the Isles of Capri Municipal Fire Service Taxing District; and to provide for an effective date. 2) Approve and authorize the Chairman to sign Certifications of Inability to comply with Rule 29 Code of Federal Regulations (C.F.R.) Section 1910.134 (G) (4) for the Ochopee Fire Control District and the Isles of Capri Fire Control District. G. COUNTY MANAGER Continued to April 9, 2002 BCC Meeting 1) Approval of Budget Amendment Report - Budget Amendment #02- 250 (General Fund 001, IT Administration). He AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an Ordinance whereby the Board of County Commissioners, pursuant to Subsection 332.08 (2) (A), Florida Statutes, will adopt the "Collier County Airport Authority Rules and Regulations for General Aviation Airports" and will specify the penalties that can be applied against the violator; also to specify various enforcement alternatives that may be used to enforce those 15 March 26, 2002 ge penalties in the same manner in which penalties prescribed by other Collier County Rules, Regulations, and Ordinances can be enforced; also that the Airport Authority shall advertise the proposed Ordinance in the Naples Daily News and bring that Ordinance to the Board at a public hearing to consider adoption of this requested ordinance. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve carryforward funding for the Sheriff's Office. 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2001. Copy of Report is available for viewing in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Complex. 3) Recommendation that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula Grant Program. L. COUNTY ATTORNEY Continued to April 9, 2002 BCC Meeting 1) Recommendation that the Board of County Commissioners approve the Settlement in Bettencourt v. Collier County, Case No. 00-0283- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during a mediation of the matter. 2) Approve the agreed order awarding expert fees as to Parcels 246 and 246T in the Lawsuit entitled Collier County v. dose Alvarado, et al, 16 March 26, 2002 17. (Golden Gate Boulevard, Project No. 63041), in the amount of $4,512.44. 3) Approve the Agreed Order awarding expert fees to Parcels 244 and 244T in the Lawsuit entitled Collier County v. Jose Alvarado, et al, (Golden Gate Boulevard, Project No. 63041). In the amount of $3,045.33 4) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 357 in the Lawsuit entitled Collier County v. Shane Robertson, et al, (Golden Gate Boulevard, Project No. 63041). Staff to deposit $200 into the Registry of the Court 5) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 172 and 772 in the Lawsuit styled Collier County v. Dominique C. Rihs, as Trustee of the Land Trust Number 5146-1, et al, Case No. 01-0819-CA. Project No. 60071. Staff to deposit $9,175.15 into the Registry of the Court 6) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 170 and 770 in the Lawsuit styled Collier County v. Fred R. Sutherland, et al, Case No. 01-0756-CA. Project No. 60071. Staff to deposit $9,143.13 into the Registry of the Court 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. 17 March 26, 2002 Be An Ordinance repealing in its entirety Collier County Ordinance No. 01-49, which created the Community of Character Council. Ord. 2002-13 (4/1 Commissioner Carter opposed) An Ordinance amending Collier County Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to allow property owners and appointed representatives of property owners to serve on the Advisory Committee; providing for inclusion in the Code of Laws and Ordinance; providing for conflict and severability; and providing for an effective date. Ord. 2002-14 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1584, Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5-foot variance from the required 30-foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. Res. 2002-157 Moved from Item #8A D. Acceptance of Settlement in the Case of B.J. Boyer-Savard, et al, vs. Collier County, et al, Case No. 01-1082-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat dock. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 March 26, 2002