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Recap 05/27/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 27, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 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. 1 May 27, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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 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. Pastor Mitchell Cotrone, Hope Wesleyan Church 2. AGENDA AND MINUTES Ae 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 Bo April 15, 2003 - Special Approved as presented - 5/0 April 29, 2003 - Workshop Approved as presented - 5/0 De May 6, 2003 - Workshop Approved as presented - 5/0 ge May 8, 2003 - Town Hall Meeting Approved as presented - 5/0 FJ May 8, 2003 - Joint Workshop Approved as presented - 5/0 2 May 27, 2003 3. SERVICE AWARDS 4. PROCLAMATIONS e Ao Proclamation to show the appreciation for the donation of the Master Gardeners for their time and talent. To be accepted by Charles Ray. Adopted- 5/0 Be Proclamation to show great appreciation to Sharon Downey, RSVP Director and the RSVP Volunteers for all their hard work and receiving the Acts of Caring Award. To be accepted by Sharon Downey and some of her volunteers. Adopted- 5/0 Ce Proclamation to designate the week of June 2-7, 2003 as Code Enforcement Officers Appreciation Week. To be accepted by Michelle Arnold, Director of Code Enforcement and her team. Adopted- 5/0 De Proclamation to designate the week of June 1 through June 7 as Collier County Homeowner Expansion Week. To be accepted by David Ellis, Executive Vice President of Collier Building Industry Association. Adopted- 5/0 Ee Proclamation to proclaim June 1 through June 8, 2003 as National Fishing and Boating Week. To be accepted by a Representative of the Recreational Boating Industry. Adopted- 5/0 PRESENTATIONS Ae Presentation of Collier County's History by Ms. Smith's 4th Grade Class from Lake Park Elementary School. Presented Be Recommendation to recognize Edward D. Chesser, Equipment Operator, Parks and Recreation Department, as Employee of the Month for May 2003. Recognized -5/0 3 May 27, 2003 Co Emergency Management update to the Board of County Commissioners regarding the 2003 Hurricane Season. Presented e e PUBLIC PETITIONS Ae Public Petition request by Mr. Nicholas Giannone to discuss sign ordinance "Spinning the Barber Pole". Direct staff to decide what is a sign and what is considered a symbol and bring back to Commissioners -5/0 Be Public Petition request by Mr. William Reid to discuss beach sand migrating onto Surfsedge property. To be brought back at a future meeting -Consensus BOARD OF ZONING APPEALS Moved from Item #17D A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber and Brundage Inc., representing Collier County Board of County Commissioners, requesting a Conditional Use for a Regional Park in the "A" Rural Agricultural Zoning District per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 212.77+ acres. Resolution 2003-187 Adopted 5/0; w/Parks and Recreation Advisory Board to work on fencing requirements/specifications 8. ADVERTISED PUBLIC HEARINGS Ao An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public tight-of-way; providing purpose and definitions; adoption of construction standards handbook; requiring permits; requiting removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this Ordinance, providing for conflict and severability, providing for penalties; providing an effective 4 May 27, 2003 date. Continued to the June 10 BCC Meeting -5/0 Be Adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, incorporating changes to the affordable housing provisions. Ordinance 2003-25 Adopted 5/0 Moved from Item #17B C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and low environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located on the west side of Old U.S. 41 !mmediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. Ordinance 2003-26 Adopted w/changes 5/0 9. BOARD OF COUNTY COMMISSIONERS Appointment of member to the Library Advisory Board. Resolution 2003-188 Re: Appointment of Dianne Wetjen -Adopted 5/0 Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. Resolution 2003-189 Re-appointment of William L. Seabury and Roger Somerville -Adopted 5/0 Appointment of member to the Contractors' Licensing Board. Resolution 2003-190 Re-appointment of Richard E. Joslin, Jr. -Adopted 5/0 5 May 27, 2003 De A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. Continued to the June 24, 2003 BCC Meeting -5/0 me Appointment of members to the Community Character/Smart Growth Advisory Committee. Resolution 2003- 191 Re Appointment of: Dwight Oakley and Bradley Cornell (effective immediately); Thomas "Chad" Lund and Gavin Jones (effective June 1, 2003)- Adopted 5/0 Fe LDC language to reflect fire stations as permitted use in agricultural zoning. (Commissioner Henning) Affirmed -5/0 Gm Recommendation that the Board of County Commissioners indicate intent to renegotiate and approve a County Attorney Employment Agreement with County Attorney David C. Weigel. Staff to continue negotiations, clarify language and bring back on June 10, 2003 agenda-5/0 10. COUNTY MANAGER'S REPORT Ae Board direction relative to a request from Kensington Property Owners to be removed from the Livingston Road Phase II Beautification MSTU. (Mike Smykowski, Director, Office of Management and Budget) Approved to be withdrawn from MSTU effective upon payment of debt - 5/0 Be Request that the Board approve a resolution providing for the establishment of an advisory committee to provide input and assist staff with the restudy of the Immokalee Area Master Plan. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-192 -Adopted 4/0 (Commissioner Coyle out) Ce Approve the Settlement Offer to compromise lien imposed in Code Enforcement Case entitled Collier County v. Richard L. Knibes, CEB Case No. 99-073. (Joseph K. Schmitt, Administrator, Community Development) 6 May 27, 2003 Do me Approved as contained in the Executive Summary - 4/0 (Commissioner Coyle out) Approve a budget amendment for $51,030 and a Tourism Agreement Amendment with the City of Naples for a TDC Category "A" Grant for Gordon Pass Jetty Sand Tightening, Project 90278, in the amount of $131,113. (Joseph K. Schmitt, Administrator, Community Development) Approved subject to TDC approval - 5/0 Companion to Item 10 F: Adopt a Resolution implementing the 2003 Boat Launch and Beach Access Master Plan and direct staff regarding potential funding sources. (John Dunnuck, Administrator, Public Services) Resolution 2003- 193 -Adopted 5/0 Companion to Item 10 E: Adopt a policy establishing a rational funding Nexus between public beach use and renourishment for Tourist Development funds. (John Dunnuck, Administrator, Public Services) Item to go back to CAC and TDC to be discussed; parking and boating access needs to be provided to residents and future residents - Approved 5/O Added G. Recommendation that the Board of County Commissioners, conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement. All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by the county for construction by private parties of Whippoorwill Lane. (Staff Request) Approved - 5/0 subject to County Attorney review 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. Ae Bo Ken Thompson regarding public nuisance of neighborhood bar on Bayshore Drive. Frank Benninger re access to the Picayune area Bob Krasowski regarding zero waste COUNTY ATTORNEY'S REPORT 7 May 27, 2003 Ae This item to be heard at 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-1129 l-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609- CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. Closed Session Be For the Board to provide direction to outside counsel, Ted Tripp, Esquire, and the Office of the County Attorney as to settlement negotiations and litigation expenses in the pending litigation case ofAquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. Insurance Company to address a settlement consistent w/insurance policy and not to exceed $5.00 -Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS To present to the Board of County Commissioners the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2002. Presented Be To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners for the Fiscal Year ended September 30, 2001. Presented 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS gJ Letter regarding road interest donation in South Golden Gate Estates and road network system from SFWMD. Discussion regarding Airport System Assessment Discussion regarding CCPC recommendation on neon open inside signs 8 May 27, 2003 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes -5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) 4) 5) 6) Approve a Change Order to Work Order No. WMI-FT-01-08 amendment under Contract No. 99-2981, "Agreement for Fixed Term Land Surveying and Photogrammetric Services", with Wilson Miller, Inc., for converting AutoCAD data directly to GIS, in the amount of $25,000. Request that the Board of County Commissioners execute a Satisfaction of Mortgage in recognition of completion of excavation work. Property Owners: James Fink, John F. Martin and Lynne Hyatt Bello F/K/A Lynn Louise Hyatt Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2002-026; 2002-023; 2001-080; 2002-020 and 2002-036. Approve a budget amendment recognizing the Fiscal Year 2004 State Housing Initiatives Partnership (SHIP) Program allocation and budget. Approval of the Satisfaction of Lien for Case No. 2003-02 styled Board of County Commissioners Collier County, Florida vs. All Brothers Painting, Inc., a Florida Corporation violation of Ordinances No. 99-51, as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. Approval by the Board of County Commissioners of the agreement between Collier County and the Collier County Hunger and Homeless Coalition designating Collier County as the lead agency for the Annual Department of Housing and Urban Development (HUD) Continuum of Care Grant Application, authorizing consolidated May 27, 2003 application submission to the United States Department of Housing and Urban Development, authorizing the Chairman of the BCC to sign agreement on behalf of the County, and providing for an effective date. 7) Authorize Assistant County Attorney to bid on behalf of County at Foreclosure (Code Enforcement Lien) Sale scheduled by the Clerk in Board of County Commissioners v. Lorraine Burgess, Case No. 02- 0848-CA, for June 3, 2003. 8) Approval of one (1) impact fee reimbursement of $103,946.65 due to overpayment. To D. Garrett Construction, Inc. 9) Approve a budget amendment returning excess funds to the reserves and approve a Tourism Agreement with the City of Naples for sand web system monitoring, in the amount of $197,965.25. 10) Board consideration for approval of previously disapproved tourism related invoices in the amount of $1,631.99, submitted by Prutos Public Relations, Inc., as recommended for approval by the Tourist Development Council; Staff and Clerk recommend approval in the amount of $1,223.88. 11) Recommendation that the Board of County Commissioners approve the final Interlocal Agreement with the Collier County School Board for coordinating land use and school planning as required by Chapter 2002-296 Laws of Florida. 12) Recommendation that the Board of County Commissioners approve a Third Amendment to the Interlocal Government Agreement with the City of Naples for the development of Hamilton Harbor Marina Project. Board of County Commissioners as the Community Redevelopment Agency. Approve Selection Committee ranking of firms for contract negotiations for RFP 03-3473 for creation of a land development overlay plan for the Bayshore/Gateway Triangle CRA District. Contract negotiations to begin with HDR Engineering, Inc. l0 May 21, 2003 14) Board of County Commissioners as the Community Redevelopment Agency. Recommendation that the Community Redevelopment Agency (CRA) approve the utility and road project proposed by Freeman and Freeman, Inc., in response to the allocation of $200,000 from Fund 186 towards utility and road projects in the Immokalee Redevelopment District. B. TRANSPORTATION SERVICES 1) Approve Contract Amendment No. 97-2715-A06 with Agnoli, Barber and Brundage, Inc., for the Lely Area Stormwater Improvement Project (Project No. 51101) in the amount of $70,000. 2) Approve selection committee's recommended short list of consultants for RFP #03-3509, "Consulting and Design Services for Capacity Improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road", County Project No. 60005. Contract negotiations to begin with American Consulting Engineers of Florida, LLC 3) Recommendation to award Bid #03-3494-Annual Contract for Reworking of Shoulders, Slopes and Roadside Ditches, for the approximate annual amount of $50,000. Awarded to Florida State Underground, Inc. as primary vendor and Better Roads as secondary vendor. 4) A resolution authorizing a speed limit increase from twenty-five miles per hour (25 MPH) to thirty-five miles per hour (35 MPH) on Coronado Parkway at a cost of approximately $200. Resolution 2003-182 5) Reject bids received on Bid #03-3515 for purchase and delivery of replacement bus seats. 6) Approve two separate Memorandum of Understanding documents with the South Florida Water Management District. Lely Area Stormwater Improvement Project and Royal Wood development water permit modification application 11 May 27, 2003 7) Approve the $90,000 purchase of Lot 44, Palm River Estates Unit 7, Block "A" (Project Number 51017) providing for access to the County owned and operated Palm River Water Control Structure. Property owner: Charles B. Shields, Jr. 8) Approve the fee simple purchase of Lely Area Stormwater Improvement Project (LASIP) Parcels 1-102 and 1-104 for construction of a stormwater retention pond. (Fiscal impact $22,450, Fund 325, Project 51101) Property owners: Roy Shettlewood and Lena Ray 9) Authorization to submit a Service Development Grant to the Florida Department of Transportation for a Marco Island Collier Area Transit Route. io) A resolution authorizing implementation of twenty miles per hour (20 MPH) school zones as previously installed at twenty-nine (29) existing locations throughout Collier County at no additional costs to the County. Resolution 2003-183 C. PUBLIC UTILITIES 1) Approve a Budget Amendment to create a new Public Utilities project to prepare a 1 O-year water supply facilities work plan in the amount of $54,652.60. Public Utilities Administration to execute work order 2) Approval of Letter of Intent addressed to the U.S. Army Corps of Engineers in an effort to participate in an Ecosystem Restoration Project at Vanderbilt Lagoon, Naples. 3) Approval of a contract amendment with the South Florida Water Management District to continue participating in surface water quality monitoring of Big Cypress Basin for a reimbursed amount of $100,000. Contract # C-12250-A01 12 May 27, 2003 Withdrawn De 4) Approval of one (1) impact fee refund request for Boys and Girls Club totaling $44,210. 5) Approve a budget amendment in the amount of $475,000 to fund unanticipated expenses in the North County Regional Water Treatment Plant Cost Center by transferring funds from the South County Regional Water Treatment Plant Cost Center Operating Budget. 6) Approve amendment to Work Order JEI-FT-02-01 for engineering inspection services related to the Port-Au-Prince Utility Replacement Project 73060 and 70074, in the amount of $20,237.50. With Johnson Engineering, Inc. 7) Approve the standardization and the purchase of an Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner in the amount of $173,652. Awarded to Pat's Pump and Blower, Inc., Orlando, Florida 8) Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. PUBLIC SERVICES 1) Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program. 2) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County-owned property for conducting a July 4th Fireworks Festival. At Sugden Regional Park ADMINISTRATIVE SERVICES 13 May 27, 2003 1) Report and ratify staff-approved change orders to Board-approved contracts. 2) Approval of a lease agreement with the Economic Development Council of Collier County for use of County-owned office space in Immokalee for an annual revenue of $1,000. Resolution 2003-184 3) Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover increase costs associated with the new contract. Award to One Source Facilities Services Inc. 4) Approve contract amendment involving Contract #00-3131, "Professional Landscape Architectural Services". (CPI hourly rate increases) A. Gail Boorman and Associates; IBIS; J. Roland Lieber, PLLC, Landscape Architects; McGee & Associates; Outside Productions, Inc. 5) Approve contract amendment involving Contract #02-3324, "Fixed Term Surveying and Photogrametic Services". (CPI hourly rate increases) With Johnson Engineering, Inc.; Q Grady Minor & Associates, PA; Agnoli, Barber & Brundage, Inc. and Wilson Miller, Inc. 6) Recommendation to award Bid No. 03-3503, File Retrieval and Retention Services, to Robert Flynn Moving and Storage (estimated value $33,000). 7) Request approval of a First Amendment to a Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's Office. F. COUNTY MANAGER 1) Approval of an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $24,000 to fund equipment and training materials for the Community Emergency 14 May 27, 2003 Response (CERT) Program and approve a budget amendment to recognize and appropriate the revenue. 2) Approve Emergency Management Department Application for a $20,000 matching grant (75/25) offered by the Florida Department of Community Affairs. The purpose of the grant is to revise and update the local mitigation strategy to comply with the Disaster Mitigation Act of 2000. 3) Approve an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $17,802 to fund the Citizens Corps Program and approve a budget amendment to recognize and appropriate the revenue. # 03CC-96-09-21-01-429 4) Approve a budget amendment in the amount of $5,400 to install new fire hydrants in the Isles of Capri Fire District. $) Approval of Budget Amendment Report-Budget Amendment #03-305 for 2% charged back from the Collier County Tax Collector for Ad Valorem collections in the amount of $300, and for secretarial services for minute taking at MSTU committee meetings in the amount of $2,500. Budget Amendment #03-309 in the amount of $3,309 for the replacement of Multilayer SW Image Power Cord for the operation of computers at remote sites. 6) Recommendation that the Board of County Commissioners award Bid #03-3508 in the amount of $30,000 for horticulture debris hauling and disposal to Wherry Truck Lines, Inc. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 15 May 27, 2003 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. 2) Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida for the Sheriff's 911 System. Resolution 2003-185 K. COUNTY ATTORNEY 1) Recommendation that the Board approve an agreement for Collier County partial funding of the Collier County Legal Aid Society, Inc. 2) Approve the stipulated final judgment relative to the fee taking of Parcel No. 203 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Direct Staff to deposit $933.00 into the Registry of the Court 3) Recommendation that the Board of County Commissioners waive the purchasing policy, to the extent that it is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services to assist in potential claims in connection with the North County Water Reclamation Facility 5-MGD Expansion Project. 4) Board approval to utilize up to $45,000 of the settlement funds received from the Arden Courts and Manor Care at Lely Palms Assisted Living Facilities to pay County Attorney's fees and other costs incurred in the collection and litigation of unpaid impact fees; these funds to be used to reimburse the County for the pro rata share of costs associated with collecting educational facilities impact fees only; approval of appropriate budget amendment(s). 5) Authorize the County Attorney's Office to reject a Business Damage Claim and make counter-offer of $45,000 to settle a claim by Tree Source Inc., associated with the acquisition of Parcel 132 in Collier 16 May 27, 2003 17. County v. Treesource, Inc., et al, Case No. 02-5167-CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ao A resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2001-2002 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. Resolution 2003-186 Moved to Item #8C B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and low environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone May 27, 2003 is located on the west side of Old U.S. 41 immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002- AR-3245, Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing the Bay Forest Homeowner's Association, requesting an amendment to "The Bay Forest" Planned Unit Development (PUD), to permit a real estate sales office as a permanent use and limited to the resale of residential units within the Bay Forest PUD for property located on the west side of Vanderbilt Drive (CR-901) and south of Audubon Boulevard in Section 8, Township 48 south, Range 25 east, Collier County, Florida. Ordinance 2003-24 Moved to Item #7A D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber and Brundage Inc., representing Collier County Board of County Commissioners, requesting a Conditional Use for a Regional Park in the "A" Rural Agricultural Zoning District per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 212.77+ acres. Em Recommendation that the Board of County Commissioners approve an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes and substantive criteria including the consideration of future amendments to the County's Growth Management Plan and implementing land development regulations. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 May 27, 2003