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Recap 01/14/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 14, 2003 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 1 January 14, 2003 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 A. Reverend Vincent Liddle, Church of the Resurrection 2. AGENDA AND MINUTES 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 December 2, 2002 - BCC/Land Development Code Comprehensive Rewrite Workshop Approved as presented - 5/0 December 3, 2002 - Regular Approved as presented - 5/0 December 10, 2002 - BCC/Tourist Development Council Workshop Approved as presented - 5/0 Eo December 11, 2002 - BCC/Land Development Code Approved as presented - 5/0 December 17, 2002- Regular Approved as presented- 5/0 Ge December 20, 2002 - BCC/AUIR Workshop Approved as presented - 5/0 3. SERVICE AWARDS 2 January 14, 2003 4. PROCLAMATIONS Proclamation to recognize January 15-19, 2003 as Purple Martin Week. Adopted - 5/0 Be Proclamation to designate the week of January 12-18, 2003 as "Old Marco Days". To be accepted by Kris Helland, President of the Marco Island Historical Society. Adopted - 5/0 Proclamation to observe January 20, 2003 as Martin Luther King, Jr. Day. To be accepted by LaVerne Franklin and Irene Williams. Adopted - 5/0 De SELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR 2003. Commissioner Henning elected as Chairman - Elected 5/0 Commissioner Fiala elected as Vice-Chairman - Elected 5/0 e PRESENTATIONS Presentation by Waste Management, Inc. of Florida of the Solid Waste Association of North America Award. Presented - Approved - 5/0 PUBLIC PETITIONS A. Public Petition Request by Mr. Jim Kramer to discuss Independent Airport Authority and Independent Fire Districts. Discussed 7. BOARD OF ZONING APPEALS A. This item has been continued from the December 17, 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-02-AR- 2476, Timothy Maloney requesting Conditional Use "7" of the "E" Estates District for Earthmining on property located on 46th Street NE, Golden Gate Estates, Unit 45, Tract 119, Section 4, Township 48 South, Range 28 East, consisting of 6 acres. Resolution 2003-25 - Adopted 4/1 (Commissioner Halas opposed) 3 January 14, 2003 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2446, Anne D'Agostino, representing Mayficld Road Inc., DBA Perkins Restaurant, requesting an after-the-fact 23-foot variance for the height of a flagpole from the required 50 feet to 73 feet for property located at 3585 Gateway Lane, further described as Naples Gateway, Phase I, Lot 3, in - Section 7, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2003-26 - Adopted w/stipulations 3/2 (Commissioners Italas and Coyle opposed) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-3332, Vincent A. Cautero, AICP of Coastal Engineering Consultants, Inc., representing Henry Westforth of Westforth Contracting, Inc., requesting approval of a 1.5-foot variance in the Pelican Bay PUD from the required 10-foot side yard setback to 8.5-feet, in order to construct a second story addition to the existing single-family dwelling on property located at 6962 Greentree Drive, Pelican Bay Unit 13, Lot 14, Section 4, Township 49 South, Range 25 East, Collier County, Florida. Denied- 5/0 8. ADVERTISED PUBLIC HEARINGS This item has been continued from the December 17~ 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-2702, D. Wayne Arnold of Q. Grady Minor, P.A., representing Westbury Properties Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of amending the Lands End Preserve PUD by reducing the total number of dwelling units from 786 units to a maximum of 725 units, adding approximately 6.5 acres of preserve area, adding a 3.3 acre neighborhood village center facility, and increasing the maximum height limit of the multi-family dwelling units to a maximum of 75 feet over one level of parking for property located on the West side of Barefoot Williams Road and North of the Rookery Bay Aquatic Preserve in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. Ordinance 2003-04 - Adopted with stipulations 5/0 4 January14,2003 This item has been continued from the December 17~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- 01-AR-1749, William L. Hoover of Hoover Planning, representing Mark L. Lindner, Trustee, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development to be known as the Mission Hills PUD allowing for commercial uses for property located at the Northwest Quadrant of the intersection of Collier Boulevard (CR 951) and Vanderbilt Beach Road (CR 862) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2003-03 - Adopted with stipulations 5/0 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2965, Kenneth E. Griffith, of Johnson Engineering, Inc., representing Habitat for Humanity of Collier County Inc., as partial owner and contract purchaser, requesting: 1) Rezoning from "A" Agricultural (8+ acres) and from Habitat Place Planned Unit Development (PUD) (20+ acres) zoning districts to Charlee Estates PUD to allow a 124 lot, single-family subdivision that will be designed to accommodate very low income housing units; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 39 units at 1.37 bonus density units per acre) in the development of the single-family residential dwelling units for low- income residents. The subject property is located on the Southwest side of Tamiami Trail East, approximately 3+ miles East of Collier Boulevard (CR 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 28.462+ acres. Ordinance 2003-05 - Adopted 5/0; Affordable Housing Density Bonus Agreement - Approved -5/0 9. BOARD OF COUNTY COMMISSIONERS Ae Appointment of members to the Community Character/Smart Growth Advisory Committee. Resolution 2003-27 appointing Robert Murray, Dwight E. Richardson, Gary A. Davis and Susan W. McCampbell - Adopted 5/0 5 January 14, 2003 Be Ce E® Fe Ge Ke Appointment of members to the Black Affairs Advisory Board. Resolution 2003-28 appointing Jodi Bisogno and Garry Pierrot - Adopted 5/0 Appointment of members to the Citizens Advisory Task Force. Resolution 2003-29 re-appointing Russell Tuff and appointing Fred Thomas, Jr. - Adopted 5/0 Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2003-30 appointing Teresa Marie Nelson - Adopted 5/0 Appointment of member to the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. Resolution 2003-31 appointing Matt Hudson - Adopted - 5/0 Appointment of member to the Collier School Readiness Coalition. Resolution 2003-32 appointing Barbara Mainster - Adopted 5/0 Appointment of member to the Collier County Citizens Corps. Resolution 2003-33 appointing Gerry Sugarman - Adopted 5/0 Appointment of members to the Isle of Capri Fire Control District Advisory Committee. Resolution 2003-34 re-appointing Jerilyn Neuhaus, and appointing Benjamin Pearson and J. Jay Cavanaugh - Adopted - 5/0 Appointment of members to the Parks and Recreation Advisory Committee. Resolution 2003-35 appointing Edward Olesky, Ronald Brown and Frank Donohue - Adopted - 5/0 Discussion regarding several issues relating to Land Development Code. (Commissioner Halas) Workshop to be scheduled (Consensus) Reconsideration of items 8(C) and 8(D) from the December 17, 2002 BCC meeting regarding the Pelican Marsh PUD, Petitions number DOA-2002- AR-2567 and PUDA-2002-AR-2566 also known as "The Plaza at Galleria". (Commissioner Henning.) To be brought back to the Board (Consensus) 6 January14,2003 Le Requesting direction to the Productivity Committee to work with the assistance of the County Manager's Office to do performance audits on County departments. (Commissioner Henning.) Chairman to write a letter to the Productivity Committee requesting that they work with the County Manager's office - (Consensus) Me Discussion regarding Audit Report 2002-3 regarding the financial relationship between Collier County and Kraft Construction. (Commissioner Henning.) County Manager and County Attorney to continue working with the Clerk and his staff (Consensus) No Resolution transmitting comment to U.S. Fish and Wildlife Service on proposed Rule, RIN 10-18-AH86 relating to the Marine Mammal Protection Act and Manatees in the State of Florida; expressing concerns on how the rule may adversely impact Collier County; providing for an effective date. (Commissioner Coyle) Resolution 2003-36 - Adopted 5/0 10. COUNTY MANAGER'S REPORT Ao Adopt a Resolution authorizing the 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 Services) Resolution 2003-37 - Adopted 5/0 Be THIS ITEM TO BE HEARD AT 10:00 A.M. Authorize the use of $164,000 from the Human Services Department to be considered part of a local match requirement to obtain State and Federal funding to operate a primary care clinic in the Golden Gate area. (John Dunnuck, Administrator, Public Services) Approved - 5/0 Ce THIS ITEM TO BE HEARD AT 3:00 P.M. Review the Collier County Airport Authority Ordinance and provide Staff direction. (Jim Mudd, County Manager) Direction given to County Manager to research effort for compliance on ? January 14, 2003 De legal obligations regarding airport authority; to obtain updated 10 year plan, annual report, annual budget; Hiring of Executive Director for Airport Authority on hold until after May 1, 2003. Chairman Henning directed by motion to send letter to Airport Authority regarding direction of today's board. - Approved 4/0 (Commissioner Henning absent) This item has been deleted. Eo Ge ADDED: H. Authorize the County Attorney's Office to prepare and advertise an amendment to the Livingston Road Beautification Phase II MSTU Ordinance to exclude Grey Oaks Properties and to delete Grey Oaks representation on the MSTU Advisory Committee. (Mike Smykowski, OMB Director) Approved - 5/0 Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR-951), (Capital Improvement Element Nos. 24 & 63, Project No. 63051). Estimated Fiscal Impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) Resolution 2003-38 - Adopted 5/0 Petition CARNY-2002-AR-3521, Hans Hamann, Carnival Chairman of the Immokalee Rotary Club, requesting a permit to conduct a carnival on January 16 through January 19, 2003, on County owned property at the Immokalee Regional Airport located at 165 Airport Boulevard, Immokalee, Florida. (Joe Schmitt, CD&ES Administrator) Carnival Permit 2003-02- Approved and waiver of application fee denied - 4/0 (Chairman Coletta abstained) Donation Agreement and accept a perpetual, non-exclusive easement for the construction of a sidewalk along the south side of Pelican Street in Isle of Capri. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 8 January 14, 2003 A. Ken Thompson regarding Sheriff's Department and their cooperation with regards to a neighborhood bar. B. Mrs. Vera Fitzgerald regarding FPL feeding other areas from Naples Park. 12. COUNTY ATTORNEY'S REPORT This item has been continued from the December 17~ 2002 BCC Meetin-. 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). Approved - 4/1 (Commissioner Fiala opposed) Be Recommendation that the Board approve a settlement agreement in the case of Karen Lee v. Domestic Animal Services, Case No. 02-649-CC, and authorize the Chairman to sign all necessary settlement documents. Approved - 5/0 Ce This item to be heard at 12:00 Noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiating Committee hold Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF LOCAL 1826, in the Shade pursuant to Section 447.605(1), Fla. Stat. Closed session 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Discussion regarding Human Relations Ordinance. Discussed Workshop to be held regarding the sign ordinance (Commissioner Halas.) 9 January 14, 2003 Ce Chairman to write letter to EDC regarding their recommendations as to how the County can save money regarding right-of-ways. 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item has been deleted. 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Riverchase Commons". Resolution 2003-1 3) Request to approve for recording the final plat of"Saturnia Lakes Plat Three" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. w/stipulations 4) Request to approve for recording the Final Plat of "Golden Gate Fire Station #72". 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-016 styled Board of County Commissioners Collier County, Florida vs. Victor A. Hansen regarding violation of Ordinance 91-102 as amended of Sections 2.7.6.1,2.7.6.5 and 2.6.11.2.2 of the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-016 styled Board of County Commissioners Collier County, Florida vs. Kathleen Sadlacek regarding violation of Ordinance No. 91-102 as amended of Section 3.9.6.9.4 (1, 2 & 3) of Ordinance No. 91-102 of the Collier County Land Development 10 January 14, 2003 Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-017 styled Board of County Commissioners Collier County, Florida vs. Jeffrey A. Dorini regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 8) Code Enforcement Lien Resolution approvals. Resolutions 2003-2 through 2003-14 9) Approval of a request to the Department of Community Affairs (DCA) to extend the County's Grant Agreement for a Florida Small Cities and Counties Community Development Block Grant that provided for a portion of the construction of the Manufacturing Incubator Facility II at the Immokalee Regional Airport Industrial Park. 10) Approval of the Mortgage and Promissory Note for a one hundred thirty-eight thousand ($138,000) dollar loan from the State Housing Initiatives Partnership (S.H.I.P.) Program to the St. Matthews House of Collier County, Inc. 11) Petition CARNY-2002-AR-3492, Lou Hoegsted, President, Collier County Fair and Exposition, Inc., requesting a permit to conduct a fair from January 31 through February 9, 2003, at the Collier County Fair Grounds on Immokalee Road (CR 846) North Golden Gate Estates. (Joe Schmitt, CD&ES Administrator.) Carnival Permit 2003-1 with occupational license and surety bond waived Continued to January 28, 2003 BCC Meeting 12) Approval of one (1) impact fee refund request totaling $3,970.00, as a rebuild from a house fire. 13) Amendment of the FY-03 budget in the amount of $117,000 to accomplish the planned activities for the Conservation Collier Land Acquisition Program. 11 January 14, 2003 14) Consideration of a resolution supporting a petition to amend the boundaries and name of the Fiddler's Creek Community Development District, pursuant to Section 190.046, Florida Statutes. Resolution 2003-15 15) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1998-213 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc., regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 16) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1998-144 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc. regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 17) Approval of the Satisfaction of Lien for Code Enforcement Board Cast No. 2002-191 styled Board of County Commissioners Collier County, Florida vs. EMC Holdings, Inc, regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 18) Approval of the Satisfaction of Lien for Code Enforcement Board 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. B. TRANSPORTATION SERVICES Continued to January 28, 2003 BCC Meeting 1) Approve Change Order No. 3 with Bonness, Inc., in the amount of $1,390,146.36 for additional construction services to build a bridge at Lakeland Avenue over the Cocohatchee Canal, Project No. 65041. 2) Approve the piggybacking of a Pasco County Bid to purchase a single drum vibratory roller in the amount of $68,553.00 for the Road Maintenance Department. With Nortrax Equipment Company 3) Adopt a Resolution requesting that the Florida Department of Transportation transfer surplus property located on US-41 to Collier ,January '14, 2003 County via Quitclaim Deed. Fiscal Impact: $15.00. Resolution 2003-16 4) Approve a Declaration setting aside County-Owned Lands for Immokalee Road Right-of-Way and for Stormwater Retention and Treatment, West side of the Fairgrounds. Fiscal Impact: $28.50. $) Award Bid #02-3412 for traffic sign materials to Osbum Associates, Inc., and Municipal Supply and Sign Company in the estimated amount of $100,000. 6) Award category grouping sections of Bid No. 02-3394 "Traffic Operations Components" to Control Specialists Company, Traffic Parts, Inc., Temple, Inc., Traffic Products, Inc., and Transportation Control Systems, Inc., in the estimated amount of $147,000. 7) Approve budget amendments to carry forward funds to reopen a purchase order in FY-03 that was closed by mistake in FY-02 in the amount of $41,062.54. 8) Approval of a budget amendment in the amount of $2,317 to add reimbursable expenses to the McGee and Associates contract for US 41 North Phase II and Davis Boulevard landscaping renovation phase II. Withdrawn 9) Request the Board to approve purchase of professional services and a noise barrier system for $97,904 from Noise Control Technologies. The project is located along the west side of the maintenance equipment yard and the onsite generator at 4800 Davis Boulevard. 10) Approval a Change Order and a budget amendment to the Immokalee Triangle Beautification Project #66071 in the amount of $34,514.35 for the removal of existing asphalt and the extension of directional borings. 11) Award of Bid #02-3430 milling of existing asphalt roadways. Awarded to Better Roads, Inc. (primary vendor) and Bonness, Inc. (secondary vendor) danuar¥ 14, 2003 Continued to January 28, 2003 BCC Meeting 12) Approve supplemental agreement No. 1 for $142,337 for the construction engineering and inspections services by HDR Construction Control Corporation to add inspection services for the construction of the Lakeland Avenue Bridge, Project No. 65041. C. PUBLIC UTILITIES 1) 2) Approve surplus declaration for two beach rakes and approve the sale of one of the two beach rakes to the manufacturer's representative in the amount of $4,999. 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 $18.00 to record the Liens. Resolution 2003-17 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 $18.00 to record the Liens. Resolution 2003-18 4) 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 $30.00 to record the Liens. Resolution 2003-19 s) 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 14 January14,2003 is $46.50 to record the Liens. Resolution 2003-20 6) 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 $40.50 to record the Liens. Resolution 2003-21 7) 8) Agreement to reimburse the Property Appraiser and Tax Collector for services rendered for the Price Street-Barefoot Williams Road Water Municipal Service Benefit Unit. Authorization to execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal Impact is $88.50 to record the Satisfactions. 9) Approve a Resolution authorizing the submission of a Loan Application to the Florida Department of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion to 24. !-Million Gallons Per Day (MGD) Maximum Month Average Daily Flow (MMADF) Liquid Stream; authorizing the Loan Agreement; establishing Pledged Revenues; designating authorized representatives; providing assurance; and providing for conflicts, severability, and effective date, Project 73950, at no cost. Resolution 2003-22 10) 11) Approve Construction Change Order 3, Amendment 3 to an Engineering Inspection Services Work Order, and funds to prepare record drawings related to the East US 41 Water Main and Force Main to Boyne South, in the amount of $43,702. Projects 70862 and 73061. Change Order No. 3 to Florida State Underground, Inc. and amendment 3 to Johnson Engineering, Inc. Approve a Budget Amendment to identify the appropriate project number for the Livingston Road Reclaimed Water Main Project and transfer $835,000 from Project 73949 to Project 74048. 15 January14,2003 12) Approve payment in the amount of $28,838 for repair of damage to East US 41 resulting from a break in to a County Water Main on May 16, 2002, Project 70045. To APAC of Florida, Inc. 13) Accept Right-of-Entry documents for the Port-Au-Prince Subdivision Utility Replacement Project at a cost not to exceed $780.00. 14) Approve a budget amendment and contract modification for the emergency dredging of Wiggins Pass, not to exceed a total of $395,000. With Lake Michigan contractors 15) Reaffirm Staff's prior actions with respect to construction-related activities for capacity improvements at the North County Water Reclamation Facility, Project 73077. 16) Provide additional information to the Board related to the award of a construction contract to Encore Construction Company, for the North County Water Reclamation Facility (NCWRF) expansion to 24.1 million gallons per day (MGD) maximum month average daily flow (MMADF) project 73950, in the base bid amount of $24,861,000. The contract is available for viewing in the County Manager and Board of County Commissioners' offices. D. PUBLIC SERVICES 1) Request to authorize the Chairman to sign a State of Florida Emergency Management Preparedness and Assistance Trust Fund Matching Grant Application. 2) Authorize the Chairman to sign State of Florida EMS Matching Grant Applications. E. ADMINISTRATIVE SERVICES 1) Approval to Award Bid #03-3452 "Purchase and Installation of Advanced Imaging Oversized Tunnel Capacity X-Ray Inspection System" to Heimann Systems Corp., in the amount of $39,203. 16 January14,2003 2) Approve Amendment No. 1, Phase 2 for Architectural Services for the design of the Courthouse Annex, RFP #00-3173 in the amount of $435,354.00. With Spillis Candela DMJM s) Approve an Agreement for Sale and Purchase to provide for the purchase of approximately 84 acres of mangroves for mitigation purposes at a cost not to exceed $86,000. (Marco Airport.) With Seago Group, Inc. 4) Approve Change Order No. three, Work Order BSSW-00-07, in the amount of $24,000 with Barany, Schmitt, Summers, Weaver and Parmers, Inc. for design services for construction of North Naples Government Service Center. s) Authorize conveyance of a utility easement to Florida Power & Light Company for the installation of underground electric facilities to serve the Development Services Building expansion and parking garage project, the cost of which should not exceed $15.00 6) Approve selection committee ranking of firms for contract negotiations for RFP 03-3456 "Engineering Analysis and Rate Testimony for Orangetree Utilities" (estimated dollar amount of contract $65,000 to $75,0900. 7) Approve a Change Order in the amount of $78,406.08 for continuation of Contract #00-3109 "Janitorial Services". F. COUNTY MANAGER G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. 17 January 14, 2003 J. OTHER CONSTITUTIONAL OFFICERS 1) Accept a Child Dependency Grant-in-Aid of $31,386.62 from the State of Florida, Justice Administrative Commission and authorize Chairman to sign the Amendment. K. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondents Larry Valenti and Consiglio N. Girurastente, for Parcel No. 183 in the amount of $6,000 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). $1,000 to be paid into the Registry of the Court. 2) Authorize the making of an Offer of Judgment to Respondents, Lazaro Herrera and Elizabeth Herrera, and Berto Herrera and Lucia Herrera, for Parcel No. 184 in the amount of $6,000 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). $1,000 to be paid into the Registry of the Court. 3) Authorize the making of an Offer of Judgment to Respondents, Thomas E. Sams and Patricia A. Sams, for Parcel No. 191 in the amount of $14,160 in the Lawsuit styled Collier County v. G JR of Naples, Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). $2,360 to be paid into the Registry of the Court. 4) Authorize the making of an offer of judgment to respondent, Richard C. Myers, Trustee, for parcel 123 in the amount of $425,000 in the lawsuit styled COLLIER COUNTY V. ANTHONY F. JANCIGAR, AS TRUSTEE, ETAL., Case No. 00-0142-CA. Project No. 60111. $71,200 to be paid into the Registry of the Court. 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 18 January 14, 2003 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 Be THIS ITEM IS CONTINUED TO THE JANUARY 28~ 2003 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2002-AR2704 to disclaim, renounce and vacate the County's and the Public's interest in all of the platted conservation easement located on Lot 73, according to the plat of"Southport on the Bay Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida, and to accept a relocation conservation easement over a portion of said Lot 73, located in Section 6, Township 48 South, Range 25 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-3198, Beau Keene, PE, of Keene Engineering, representing TEC Builders Inc., requesting approval of a 17.9 foot variance in the "E" Estates Zoning District from the required 75-foot front yard setback to 57.1-feet in order to construct a single-family dwelling on property located at 4045 33rd Avenue NE, further described as Tract 31, Golden Gate Estates, Replat 67A Unit 67A, Collier County, Florida. Resolution 2003-23 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2389, Linda B. Berthelsen and Smart S. McDaniel, requesting variances in the RSF-3 Zoning District from the required 30 foot front yard setback pursuant to LDC Sections 2.2.4.4.4. and 2.6.2. to allow: 1) An after-the-fact 5-foot variance, to 25 feet, for the existing house; and 2) A 5-foot variance, to 25 feet, for a proposed pool and screen enclosure, on property located at 571 Piper Boulevard, further described as Lot 65, Palm River Estates, Unit 1, 19 January 14, 2003 Plat Book 3, Page 90 as recorded in Collier County Public Records, Collier County, Florida, in Section 23, Township 48 South, Range 25 East. Resolution 2003-24 De Adopt an amendment to Ordinance 99-85 (codified as s. 126-2, Collier County Code of Laws and Ordinances) implementing the recently enacted provisions of s. 196.075, Fla. Stat. (Additional Homestead Exemption for Person 65 and older.) Ordinance 2003-02 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 20 January 14, 2003