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Recap 12/17/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 17, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 December 17, 2002 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. J J 5 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES A. Be Approval oft.day'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 with the exception of Item #16Al0 which was 4/0 (Commissioner Henning abstained) November 19, 2002 - Regular Meeting Approved as presented - 5/0 SERVICE AWARDS Presented A. Twenty-Year Attendee: Bo 1) Helen Ortega, Emergency Medical Services Twenty-Five Year Attendee: 1) Larry Henry, Transportation Operations PROCLAMATIONS Proclamation to recognize Saturday, December 21, 2002, as National Homeless Persons' Awareness Day. To be accepted by Mr. George Drobinski, District Director of Catholic Charities of Collier County and Mary Soucek, Chairwomen of the Hunter and Homeless Coalition. Adopted - 5/0 PRESENTATIONS 2 December 17, 2002 Added A. Presentation of a check to the BCC from the Florida Local Government Finance Commission to be presented by John Yonkosky. Presented 6. PUBLIC PETITIONS Public Petition request from Mr. Tor Kolflat to discuss Grey Oaks Exclusion from Livingston Road Beautification Phase I1 MSTU. Staff to bring back as Regular Agenda item at their next meeting - 5/0 BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2705, Steven Jacobs, of Tristar Development of Naples, LLC, requesting a 10-foot variance from the required 20-foot front yard setback to 10 feet for property located at 4800 Yacht Harbor Drive, further described as Lot 1.1, Tract M, Windstar Subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2002-506 - Adopted 5/0 ADVERTISED PUBLIC HEARINGS Continued to 2/11/2003 A. This item has been continued from the November 5~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East Side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner Request) B. This item has been deleted. This item has been continued from the November 19~ 2002 BCC Meetin£. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DOA-2002-AR- 2567, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest 3 December 17, 2002 Ee Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Development of Regional Impact (DRI), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet and to correct a Scrivener's Error contained within the development order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2002-507, Development Order 2002-04 - Adopted with Stipulations 5/0 This item has been continued from the November 19~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002-AR- 2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2002-71 -Adopted 5/0 This item has a Time Certain of 10:00 a.m. This item has been Fe continued from the December 3~ 2002 BCC Meeting. An Ordinance creating the South 8th Street/Doak Avenue Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses, taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Rate; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ordinance 2002-69 - Adopted with a 10 mil cap and additional stipulations and flexibility - 5/0 This item has a Time Certain and will be heard immediately following Item 8E. This item has been continued from the December 3~ 2002 BCC 4 December 17, 2002 Meeting. An Ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit; providing the authority, providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses; taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Road; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ordinance 2002-70 - Adopted with a 10 mil cap and additional stipulations and flexbility - 5/0 G. This item has been continued from the November 19, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR- 431, James G. O'Gara, representing Park East Development Ltd., requesting a rezone from "PUD" Planned Unit Development to PUD for the purpose of amending the Founders Plaza PUD to allow additional small-scale retail land uses only on those parcels that exceed 150 feet in depth for property located on the North and South sides of Golden Gate Parkway (CR 886) and at the Santa Barbara Canal Crossing in Section 28, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2002-68 - Adopted with additional stipulations - 5/0 This item has a Time Certain of 1:00 p.m. Consideration of an Ordinance that establishes a Collier County Human Relations Commission. Denied - 5/0. Staff directed to bring back an ordinace with zero tolerance. Moved from Item #17C I. An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the Immokalee Area; providing for repeal of Ordinance No. 91-97, as amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Emergency Declared- 5/0 ;Ordinance 2002-72 -Adopted 5/0 5 December 17, 2002 9. BOARD OF COUNTY COMMISSIONERS Ae Appointment of member to the Ochopee Fire Control District Advisory Committee. Section Seven (B) of Ordinance 2001-55 Waived 5/0 Res. 2002-508 reappointing Kent L. Orner, Sr. to the Ochopee Fire Control District Advisory Committee - Adopted 5/0 Be Appointment of member to the Library Advisory Board. Section Seven (B) of Ordinance 2001-55 Waived 5/0 Res. 2002-509 reappointing Sabina Musci to the Library Advisory Board - Adopted 5/O Ce Added D. Appointment of members to the Golden Gate Beautification Advisory Committee. Res. 2002-510 appointing Barbara Segura and Norma Lees-Davis to the Golden Gate Beautification Advisory Committee - Adopted 5/0 Discussion of an invitation by the Collier county Airport Authority to designate a member of the BCC to become a member of the Selection Committee to participate in the selection and salary process for the Airport Authority's Executive Director's postion. (Commissioner Coletta Request) Staff to write a letter asking the Authority to delay action and BCC to bring matter back on January 14, 2003 - 5/0 10. COUNTY MANAGER'S REPORT Continued to 1/14/2003 A. Adopt a Resolution authorizing Condemnation of Fee Simple Title Interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Norman Feder, Administrator, Transportation) (Staff request) Be 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 6 December 17, 2002 $5,434,100. (Norman Feder, Administrator, Transportation) Resolution 2002-511- Adopted 5/0 Ce Approve the Award and Subsequent Construction Contract for the North County Water Reclamation Facility Expansion to 24.1-Million Gallons Per Day Maximum Month Average Daily Flow, to Low Bidder, Encore Construction Company, Project 73950, Bid 02-3418, in the base bid amount of $24,861,000. (Jim DeLony, Administrator, Public Utilities) Approved; staff to come back with the final award - 5/0 Moved from Item #16B5 D. Approve Professional Services Agreement No. 02-3398 in the amount of $1,404,387.00 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, Project No. 65061. (Commissioners Fiala and Henning request) Approved w/modified scope - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K6 A. Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples Inc., et al v. Board of County Commissioners for Collier County, Florida, et al, Case No. 2:01- CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. Staff to move forward with litigation - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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 7 December 17, 2002 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 #16Al0 which was 4/0 (Commissioner Henning abstained) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit No. 59.838/AR-3388 "Ron Beaver Commercial Excavation", located in Section 21, Township 48 South, Range 28, East; bounded on the North by 3 1st Avenue NE Right-of-Way, on the West by DeSoto Boulevard Right-of-Way, on the East by Vacant Agriculture Zoning, and on the South by Vacant Estates Zoning. w/stipulations 2) Approval of the Satisfaction of Lien for Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr., regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 3) Code Enforcement Lien Resolution approvals. Resolutions 2002-490 through 2002-498 4) Petition AVESMT2002-AR2788 to vacate, renounce and disclaim a portion of the easement recorded by separate instrument in the Public Records of Collier County, Florida. Located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2002-499 s) Request to approve for recording the final plat of"Tract M of Windstar Replat". 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Eleven". Resolution 2002-500 8 December 17, 2002 7) Request to approve for recording the final plat of"Montreux Unit Two at Fiddler's Creek". 8) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-078 styled Board of County Commissioners Collier County, Florida vs. Ricky L. Bell regarding violation of Section(s) 2.7.6 par. (1 & 5) of ordinance No. 91-102, the Collier County Land Development Code and Section(s) 104.1.1, 105.5, 106.3.1 of ordinance No. 98-76, the Collier County Building Construction Administrative Code. 9) 10) 11) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-062 styled Board of County Commissioners Collier County, Florida vs. B.F. Ft. Myers Inc., regarding violation of Sections 2.4.3.6,2.4.3.7 and 3.9.3 of Ordinance No. 91 - 102, as amended of the Collier County Land Development Code. Approve $21,200 in Capital and $7,200 in Operating Costs to fund the Broadcast of Channel 16, the Collier County Government Access Channels, to the AOL/Time Warner Cable System in Immokalee. (Commissioner Henning abstained) Adopt Resolution designating the new Tourism Marketing Office of Collier County Government as the Greater Naples, Marco Island, and the Everglades Convention and Visitors Bureau. Resolution 2002-501 12) 13) Approve two Lease Agreements with C.P.O.C. Realty for office space to be occupied by Community Development and Environmental Services Division Staff and County Attorney Legal Staff at an annual rent and common maintenance fee of $60,370. The Board of County Commissioners acting as the Community Redevelopment Agency: *eNote: The Lee County Electric Cooperative (LCEC) is still reviewing the proposed CDBG contract between LCEC and the Collier County Community Redevelopment Agency (CRA). Attached is the contract as forwarded to LCEC for review. The original signed copy from LCEC should be present for Commission Fiala's signature at the December 17, 2002 hearing.** Recommendation that the Collier County Community Redevelopment 9 December 17, 2002 Added Be Agency (CRA) approve and authorize CRA Chairperson to sign an Agreement with Lee County Electric Cooperative (LCEC) for the installation and/or upgrade of approximately 45 streetlights in Immokalee using $60,000 of Collier County's Community Development Block Grant (CDBG) Funding. 14) Approval of First Amendment to Tourism Agreement with Kelley Swofford Roy, Inc., to include FY02/03 Marketing and Advertising Budget in the amount of $602,000.00, as recommended by the Tourist Development Council 15) Request to approve for recording the final plat of "Carlton Lakes Unit 3C" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. (Staff Request). TRANSPORTATION SERVICES 1) 2) 3) 4) Request Board approval for the Landscape Maintenance Agreement with FP&L for the future landscaping and maintenance along the West side of Livingston Road and North side of Golden Gate Parkway adjacent to the Florida Power and Light Substation. Request the Board approve the donation of four decorative light poles by the Bayshore Beautification MSTU to the Naples Botanical Garden. Total value of donation is $11,609.33 Approve Selection Committee ranking of consulting firms and subsequent contract negotiations for professional design and engineering services for 4-lane road improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard, Project No. 60169, RFP 03-3446. Staff to begin contract negotiations with Agnoli, Barber & Brundage; American Engineering; and Stanley Consultants Approve Developer Contribution Agreement with G.L. Hardy, Ltd. As developer for road impact credits and vesting rights in exchange for the design and construction of the Northward Extension of Logan Boulevard. All rights to developer under the Developer Contribution 10 December 17, 2002 Agreement are subject to developer complying with all conditions of the agreement imposed by the County. Move to Item #10D 5) Approve Professional Services Agreement No. 02-3398 in the amount of $1,404,387.00 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, Project No. 65061. 6) 7) Approve Third Developer Contribution Agreement with Long Bay Partners, LLC to amend the area in the original agreement. Approve an Easement Agreement and accept an Access Easement with Keith and Deborah Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13th Street SW. Fiscal Impact $5,100.00. Project No. 69068. 8) 9) 10) Approve an Easement Agreement and accept an Access Easement with Joan M. Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13th Street SW. Fiscal Impact $5,100.00. Project No. 69068. Approve a Supplemental Agreement for the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to add multiple-year funding verbiage as requested by the FDOT and to modify the Agreement to provide a combination of sidewalks and paved shoulders at no additional expense to the County. Recommendation to approve the purchase of eight (8) diesel powered riding mowers for the Road Maintenance Department from State Contract 3515-630-00-1 in the amount of $107,875.44. Awarded to Capri Lawn Equipment Center Board approval to utilize insurance proceeds, transit enhancement funds and federal transit administration funding to purchase three new transit buses and reject award of Bid//02-3428. Stan Mitts/Trolley Illusions as sole source for the trolley decal 11 December 17, 2002 wraps; Two used buses to be returned to Coach Crafters, Inc. with payment of $5,000 in shipping costs from Fund 126 I2) A Resolution of the Collier County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5311 (Operating Assistance) Funds. Resolution 2002-502 C. PUBLIC UTILITIES 1) Approve Relocation Agreement with Florida Power and Light Company related to South County Water Reclamation Facility Expansion, in the amount of $6,116, Project 73949. 2) Adopt a Resolution and grant a Conservation Easement to the Florida Department of Environmental Protection required for the South County Water Reclamation Facility Expansion at a cost not to exceed $50.00, Project No. 73949. Resolution 2002-503 3) Amend Work Order CDM-FT-01-02 for Utility Engineering Services related to improving wellfield reliability in the amount of $83,000, Project 70066. Work Order to Camp Dresser & McKee, Inc. 4) Award Contract to construct the North County Water Reclamation Facility Deep Injection Well Pump Station, Bid #03-3442, Project 73948, in the amount of $4,740,000. Awarded to Wright Construction Corporation 5) Approve a Construction Work Order for the relocation of water and sewer mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to East of SR 951 in the amount of $308,533.00. Work Order to Mitchell and Stark Construction Company, Inc. 6) Approve a Budget Amendment for Engineering Services related to the design and permitting of County Beach Renourishment, Project 12 December 17, 2002 90527, in the amount of $635,000. D. PUBLIC SERVICES 1) Award of Bid #03-3437 for rental of portable toilets to Waste Management of Collier County, Inc. 2) Award Bid #03-3461 in the amount of $62,850 to Finishing by Baker, Inc. for resurfacing of the main pool at Golden Gate Aquatic Complex. 3) Award Work Order PBS-02-09 in the amount of $97,053 to Professional Building Systems, Inc., for the renovation of Caxambas Boat Ramp and the removal and restoration of the Collier Boulevard Boat Ramp. 4) Approve a Budget Amendment to ensure continuous funding of the Older Americans Act Grant. 5) Approve an Emergency Medical Services (EMS) County Grant, County Grant Distribution Form, and a Resolution for Training Data Collection Equipment, Computer Software, and Medical/Rescue Equipment. Resolution 2002-504 6) Approve the Budget Amendment to the Older Americans Act Grant Contract. E. ADMINISTRATIVE SERVICES 1) To Award Bid #03-3443 for purchase and delivery of bottled drinking water at an annual cost of $35,000. Awarded to Zephyrhills Natural Spring Water 2) Award Contract for Management Services for Pelican Bay Services Division pursuant to RFP #02-3411, in the annual amount of $48,000. Awarded to Severn Trent Services 13 December 17, 2002 Fe 3) Award Bid #03-3426 for Quick Copy Services, estimated annual cost of $30,000. Awarded to Cecil's Copy Express 4) Approve Budget Amendment to complete the implementation of the new integrated Financial Management System. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS Jo MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with action as Directed. OTHER CONSTITUTIONAL OFFICERS Ke 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. A copy of the Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail. COUNTY ATTORNEY 1) 2) Approve of the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcels 120A and 120B in the Lawsuit entitled Collier County v. Collier Development Corporation, et al, (Goodlette-Frank Road, Pine Ridge Road to Vanderbilt Beach Road Project) in the amount of $2,500. Staff to deposit $2,500 into the Registry of the Court Authorize the making of an Offer of Judgment to Respondents Lorenzo Diaz and Cecilia Diaz, both individually and as trustees, for Parcel No. 169 in the amount of $14,400 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee 14 December 17, 2002 Road Project #60018). $2,400 to be paid into the Registry of the Court 3) Authorize the making of an Offer of Judgment to Respondents Earl E. Lightcap, Jr., and Barbara C. Lightcap, for Parcel No. 170 in the amount of $12,600 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). $2,100 to be paid into the Registry of the Court 4) Authorize the making of an Offer of Judgment to Respondents Ronald Combs and Phyllis J. Combs, for Parcel No. 172 in the amount of $79,560 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). $13,260 to be paid into the Registry of the Court Continued to 1/14/2003 5) Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership, et al, Case No. 02- 1602-CA (Goodlette-Frank Road Project #60134). (Petitioner's Request) Move to Item #12A 6) Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples Inc., et al v. Board of County Commissioners for Collier County, Florida, et al, Case No. 2:01-CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (Commissioners' Request) 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 15 December 17, 2002 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. Petition CU-02-AR- 3278, Richard G. Lewis of Anchor Engineering Inc., representing Collier County Government, John Jones, Library Director, requesting a Conditional Use for an Essential Service within the "RSF-3" Residential Single Family Zoning District for property located at the Southwest Corner of Immokalee Drive and First Street in Section 4, Township 47 South, Range 29 East, Collier County, Florida. Resolution 2002-505 Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002- AR-2736, D. Wayne Arnold ofQ. Grady Minor, P.A., representing Gary A. Link of Tadpole Holdings LLC, requesting an amendment to the "The Falls of Naples" Planned Unit Development (PUD), for the purpose of reducing thc minimum accessory structure setback from 50 feet to 25 feet from Airport-Pulling Road for property located on the Southwest Corner of Pine Ridge Road (CR 896) and Airport-Pulling Road (CR 31) in Section 14, Township 49 South, Range 25 East, Collier County, Florida. Ordinance 2002-67 Moved to Item #8I C. An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the Immokalee Area; providing for repeal of Ordinance No. 91-97, as amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. 16 December 17, 2002 (County Attorney request) De This item is being continued to the January 14~ 2003 BCC Meeting. PUDZ-2001-AR- 1749, William L. Hoover, of Hoover Planning and Development Inc., representing Mark L. Linder, Trustee, requesting a rezone from "A" Rural Aghcultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development known as The Mission Hills PUD, for a commercial shopping center for property located at the northeast comer of Vanderbilt Beach Road and Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 33.45+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 December 17, 2002