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Recap 03/23/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 23, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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. 2003-53, AS AMENDED 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 RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 March 23, 2004 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. INVOCATION AND PLEDGE OF ALLEGIANCE A. Co-Senior Minister Debra Williams, Unity of Naples Church AGENDA AND MINUTES Be 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 February 24, 2004 - Regular Meeting Approved as presented - 5/0 SERVICE AWARDS Presented Twenty Year Attendees: 1) Phillip Cramer, Water Department 2) Warren Keyes, Transportation 3) Susan Lemay, Emergency Medical Services Twenty-Five Year Attendee: 4) Mary Esch, Emergency Medical Services 2 March 23, 2004 4. PROCLAMATIONS Proclamation to designate March 28th through April 30th, 2004 as Call Before You Dig Month. To be accepted by Lynn Daffron, Robert Martzlof of Risk Management for the City of Naples, Sandy Lloyd and Mike Nelson, Collier County Deputies. Adopted - 5/0 Bo Proclamation to designate the month of April as National Sexual Assault Awareness Month and to include April 2, 2004 as National Sexual Assault Awareness Day. To be accepted by Jamie Willis, Victim Advocate/Counselor. Adopted - 5/0 Added C. Proclamation proclaiming April 3, 2004 to be recognized as Tag Day - Adopted - 5/0 5. PRESENTATIONS e Recommendation to recognize Heriberto (Eddie) Harmack, County Veteran Services Officer, Public Services Division, as Employee of the Month for March 2004. Recognized PUBLIC PETITIONS Ae Be Public Petition request by Mr. Fred N. Thomas, Jr., to discuss rural lands efforts in the Immokalee Planning Zone. To be brought back on a regular agenda in 2-3 meetings - 5/0 Public Petition request by Mr. William B. Eline to discuss a new County Water Park at the former Wiggins Pass Marina property. Staff to look into the matter and bring back as a regular agenda item - 5/O 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2003-AR-4652, 3 March 23, 2004 Richard Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., representing the Greater Naples Chamber of Commerce, Inc., requesting a variance from Subsection 2.2.5.2.5.2. of the Land Development Code that permits one wall sign for each single-occupancy parcel with single roadway frontage to allow two existing wall signs to remain after a copy change on a .43 acre lot located at 3620 Tamiami Trail North, and further described as Gulf Acres Subdivision, Lot 4, Block B and the north 75.5 feet of the west 50 feet of Lots 75 and 76 of Naples Improvement Company's Little Farms in Section 22, Township 49 south, Range 25 east, Collier County, Florida. Resolution 2004-84 Adopted-5/0 8. ADVERTISED PUBLIC HEARINGS Ae This item to be heard at 3:30 p.m. Companion to Item 8F. Recommendation that the Board adopt four (4) resolutions designating Stewardship Sending Areas 1, 2, 3 and 4 (SSA) within the Rural Lands Stewardship Overlay District (RLSA) including SSA Credit Agreements and Perpetual Stewardship Easements for each SSA in response to a joint application by Barron Collier Investments, Ltd., and Barron Collier Partnership. Resolution 2004-90 Adopted-5/0 Resolution 2004-91 Adopted-5/0 Resolution 2004-92 Adopted-5/0 Resolution 2004-93 Adopted-5/0 Continued to April 13, 2004 B. Board of County Commissioners acting as the Community Redevelopment Agency. Companion to Item 8E. Approve an ordinance amending Ordinances No. 2003-61 (Impact Fee Payment Assistance Program) and No. 2003-62 (Property Tax Stimulus Program) to clarify the effective date provisions of those ordinances; provide for conflict and severability; and provide for an effective date. (Immokalee Enterprise Zone Map Clarification) Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR- 3831, Robert Duane of Hole Montes Inc., representing Robert Reed of Reed Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as the Calusa Island Village PUD. The purpose is to increase the number of dwelling units from 47 units to 52 units, 4 March 23, 2004 reduce the commercial area from 0.45-acres to 0.12-acres, limiting the commercial floor area to a maximum of 1,300 square feet while permitting with 6 multi-family residential units, and eliminating the permitted commercial uses that are not compatible with residential uses for property located on the south side of Goodland Drive (CR 892) and west of Sunset Drive in Sections 18 and 19, Township 52S, Range 27E and consisting of 6.2 acres. Ordinance 2004-20 Adopted w/stipulations 5/0 Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for an update to the Library Impact Fee Rate Schedule to reflect a new rate of $148.28 per one-thousand (1,000) square feet of living area for all residential land uses, incorporating, by reference, the impact free study entitled "Collier County Library Facilities and Items Impact Fee Update", establishing indexing methodology, and providing for a delayed effective date of May 1, 2004. Ordinance 2004-21 w/cap of 4,000 feet Adopted 5/0 Continued to April 13, 2004 E. Companion to Item 8B. Adoption of an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003- 63 to clarify the effective date provisions. Map clarification for Immokalee Residential Deferral Program. Companion to Item 8A. Petition SRA-2003-AR-4578 Ave Maria University a resolution of the Collier County Board of County Commissioners designating 960 acres within the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Receiving Area, approving the preliminary Stewardship Receiving Area Credit Agreement for Ave Maria, and establishing the number of Stewardship Credits being utilized by the designation of the Ave Maria Stewardship Receiving Area. Resolution 2004-89 Adopted-5/0 W/Changes 9. BOARD OF COUNTY COMMISSIONERS Ae Recommendation to declare a vacancy on the Public Vehicle Advisory Committee. Approved-5/0 5 March 23, 2004 Be Appointment of members to the Public Vehicle Advisory Committee. Resolution 2004-85 Appointing Alan Walburn, Tony Marino, Randall Smith, Michael Mendel as regular members and Russell Berghuis as an alternate member-Adopted-5/0 Ce Requesting Board approval and authorization for Commissioner Coletta to sign Memorandum of Agreement, creating a health information infrastructure for the low income and uninsured in Collier County. Approved-5/0 Withdrawn D. Discussion regarding the adoption of a resolution requesting that the Governor, Senate and House not support taking dollars allocated for affordable housing and place them in the general revenue stream. me This item to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Body, created to explore alternative revenue sources for meeting the County's numerous and varied needs. Presented Fe Ge Appointment of member to the Tourist Development Council. Resolution 2004-86 Appointing E. Glenn Tucker- Adopted-5/0 Reconsideration of Item 1 OF from the February 24, 2004 Board of County Commissioners Agenda "Award of Bid #04-3616 Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Commissioner Coletta request) Reconsideration-Failed due to lack of a motion 10. COUNTY MANAGER'S REPORT Ae Adoption of FY05 Budget Policy. Management and Budget) Approved W/Changes-5/0 (Mike Smykowski, Director, Office of Adopt a resolution authorizing the condemnation of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and 6 March 23, 2004 utility easements, temporary driveway restoration easements, and temporary construction easements, as may be required for the construction of roadway, drainage, and utility improvements to Rattlesnake Hammock Road (CR 864) from Polly Avenue to Collier Boulevard (CR 951). (Capital Improvement Element No. 77, Project No. 60169). Estimated fiscal impact: $2,495,000. (Norman Feder, Administrator, Transportation Services) Resolution 2004-87 Adopted-5/0 Ce Adopt a Condemnation Resolution to acquire 0.49 acres of land located within the area known as the Gateway Triangle for the purpose of stormwater retention. (Norman Feder, Administrator, Transportation Services) Resolution 2004-88 Adopted-5/0 Approve an agreement for sale and purchase in the amount of $205,000 and accept a warranty deed for 0.49 acres of property located within the area known as the Gateway Triangle for the purpose of stormwater retention. (Norman Feder, Administrator, Transportation Services) Approved-5/0 te This item to be heard at 10:00 a.m. Provide direction to staff for amending the Growth Management Plan Policy that addresses listed species protection. (Joseph K. Schmitt, Administrator, Community Development) Motion to accept Option #2 (Final plan by November 2004) - Adopted-3/2 (Commissioners Henning and Coletta opposed) Added F. Adopt Resolution opposing proposed House Bill 1495 and Senate Bill 2774 related to unwarranted and unjustified elimination of local government regulation of wireless communications facilities Resolution 2004-94 Adopted-5/0 Moved from Item #16C8 G Amend Professional Services Agreement 98-2891 with Metcalfand Eddy, Inc., for professional engineering services associated with the design and construction services for SCRWTP Reverse Osmosis Expansion Project, in the amount of $536,200,00 Project 70054. Approved- 5/0 7 March 23, 2004 Moved from Item #16All H. Adopt resolution supporting Florida Power and Light's Preferred Corridor Siting Certification for a new transmission line from the Orange River Substation in Lee County to the new substation in eastern Collier County. Resolution 2004-95 Adopted-4/1 (Commissioner Coletta Opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 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 negotiation issues in Health Care Reit, Inc., v. Collier County Case No. 02-5002-CA and Collier County v. Certain Lands Upon Which Impact Fees are Delinquent Case No. 03-231-CA, now pending in the Circuit Court, Naples, Florida. Be This item to be heard at 1:00 p.m. Request for the Board of County Commissioners to provide direction in a closed session to the Office of the County Attorney regarding settlement negotiations in Health Care Reit, Inc., v. Collier County Case No. 02-5002-CA and Collier County v. Certain Lands Upon Which Impact Fees are Delinquent Case No. 03-231-CA, now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. Motion to continue litigation Approved-5/0 Ce This item to be heard immediately following Item 12A. Closed Attorney- Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations related to strategy/litigation expenses of the pending litigation case ofAquaport v. Collier County, Case No. 03-1609-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida and Aquaport v. Collier County, et al, Case No. 2:01-CV-341-FTM-29DNF, now pending in the U.S. District Court for the Middle District of Florida, Fort Myers Division and also pending in the U.S. Court of Appeal for the Eleventh Circuit, Case Nos. 03-11291 -B, 03-13298, and 03-13133. This item to be heard immediately following Item 12B. Request for the Board of County Commissioners to provide direction in a closed session to the Office of the County Attorney regarding settlement negotiations in Aquaport v. Collier County, Case No. 03-1609-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida and/tquaport v. 8 March 23, 2004 13. Collier County, et al, Case No. 2:01-CV-341-FTM-29DNF, now pending in the U.S. District Court for the Middle District of Florida, Fort Myers Division and also pending in the U.S. Court of Appeal for the Eleventh Circuit, Case Nos. 03-11291-B, 03-13298, and 03-13133. Motion to offer settlement of all outstanding claims not to exceed $500,000.00 Approved-5/0 OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae B. C. D. E. E. Mr. Mudd's Comments on DRI Legislation Staff Meeting Schedules BCC Summer Budget/Meeting Schedule Mr. Mudd's mention of the Cap D'Antibes deadline for reconsideration Letter from Gary Davis w/The Conservancy Commissioner Halas's concern re: Emergency Facilities 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) Board of County Commissioners acting as the Community Redevelopment A~ency. Recommendation that the Community Redevelopment Agency (CRA) approve a budget amendment of $154,782 from Fund 186 Reserves to Fund 186 Expenses for utility and road projects in the Immokalee Redevelopment District. Approval of a resolution urging the Florida Legislature to reauthorize and fully fund the State and Local Housing Trust Funds for Fiscal Year 2004-2005. Resolution 2004-71 9 March 23, 2004 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Eden, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-72 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Eden, Phase Two". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-73 5) Petition AVESMT2003-AR5200 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a utility easement conveyed to Collier County by separate instrument and recorded in the Official Record Book 2429, Pages 3363 through 3368, Public Records of Collier County, Florida, located in Section 11, Township 49 south, Range 25 east. Resolution 2004-74 6) Approval of an increase of $40,000 from the previously approved emergency contract with Tomasello Consulting Inc., for work to perform studies in support of Collier County's Restudy of the flood insurance rate maps recently rescinded by the Federal Emergency Management Agency (FEMA). 7) Approval of a state funded subgrant agreement to receive a $50,000 grant through the Department of Community Affairs Residential Construction Mitigation Program. 8) Request for forgiveness of administrative fees and interest and final release of lien imposed against Mark T. and Midori M. Carroll. 9) Approve an amended intergovernmental agreement with the Department of Environmental Protection to provide an increased level of customer service relating to environmental permitting. 10 March 23, 2004 10) Approval of the Satisfaction of Liens for Code Enforcement Board Case Nos. 2001-042, 2001-020, 2001-007 and 2001-077. Move to Item #10H 11) Adopt resolution supporting Florida Power and Light's Preferred Corridor Siting Certification for a new transmission line from the Orange River Substation in Lee County to the new substation in eastern Collier County. Execution of a Mortgage Subordination Agreement for a loan granted to Creative Choice Homes XIV, Ltd., through the Affordable Housing Rental Development Assistance Program. 13) Collier County Board of County Commissioners approve an application for Job Creation Investment Program Participation by March Performance, Incorporated, as a high impact targeted industry and authorizing the County Manager to enter into a Job Creation Investment Program Agreement on behalf of Collier County which will be recorded in the Official Records of Collier County. ($40,000) Moved from Item #17G 14) Request the Board of County Commissioners adopt a resolution supporting Satire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. Resolution 2004-75 B. TRANSPORTATION SERVICES 1) 2) Accept grant funds for the stormsewer inlet-marking program in the amount of $18,000. Award a construction contract in the amount of $515,931.50 to Douglas N. Higgins, Inc., to enclose the Immokalee Florida Specialties Ditch, Project Number 51015, Bid No. 04-3612. 11 March 23, 2004 3) 4) 5) Recommendation to approve selection of qualified firm and award the second project under ITQ 04-3583 "CEI Services for Collier County Road Projects" for the Vanderbilt Beach Road Project, No. 60351. Staff to negotiate with Aim Engineering & Surveying, Inc. Recommendation to approve selection of qualified firm and award the first project under ITQ 04-3583 "CEI Services for Collier County Road Projects" for the 13th Street SW Project, No. 69068. Staff to negotiate with HDR, Inc. Request the Board of County Commissioners to authorize certain designated County Transportation Officials to certify disbursements to the Florida Department of Transportation; repealing and superseding Resolution No. 2002-477. Resolution 2004-76 6) Board approval of Adopt-A-Road Program agreements. With Anchor Health Centers; Glades Realty and Captain Brock; Stan's Idle Hour Seafood Restaurant; and Island Walk Home Owners Association 7) 8) Approve Settlement Agreement and release to remedy driveway access issues to Alligator Alley Mobil Gas Station resulting from the Davis Boulevard (CR 84) intersection improvements at Collier Boulevard (CR 951), County Project No. 60170, Bid No. 03-3501. Fiscal impact: Not to exceed $63,972.42 ($31,835.90 to be reimbursed by property owner). This item continued from the March 9~ 2004 BCC Meeting. Approve a resolution supporting the preservation of the State Transportation Trust Fund. Resolution 2004-77 9) Approve a resolution of the Collier County Board of County Commissioners opposing proposed Florida Transportation Commission and Florida Department of Transportation Legislation which could reorganize the Metropolitan Planning Program in Florida and undermine the independence of Metropolitan Planning Organizations. Resolution 2004-78 12 March 23, 2004 PUBLIC UTILITIES 1) Adopt a resolution approving the Satisfactions of Lien 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 $18.00 to record the liens. Resolution 2004-79 2) Adopt a resolution approving the Satisfactions of Lien 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 2004-80 3) Approval and execution for satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $6.00 to record the satisfaction. 4) Authorization to execute and record satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $34.50 to record the satisfactions. 5) Approve the satisfaction of lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $42.00 to record the liens. 6) 7) Approve a change order to Work Order UC-059 for the City/County Wastewater Inter-Connect in the amount of $30,098, Project 73162. With Quality Enterprises USA, Inc. Approve Amendment No. 2 to Professional Engineering Services Agreement with Water Resource Solutions, Inc., for the North County Water Reclamation Facility Deep Injection Well System, Contract 00- 3122, in the amount of $284,628, Project 73948. 13 March 23, 2004 Move to Item #10G 8) Amend Professional Services Agreement 98-2891 with Metcalfand Eddy, Inc., for professional engineering services associated with the design and construction services for SCRWTP Reverse Osmosis Expansion Project, in the amount of $536,200, Project 70054. 9) Accept an amendment to a grant agreement ($50,000) with the South Florida Water Management District, Project Number 73164, an inflow infiltration study. 10) Authorize approval by Public Utilities Administrator of two Engineering Services Work Orders under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering, Inc., to conduct bottom investigation for pipeline area, and to prepare final plans and specifications, for Collier County/City of Naples Major Beach Renourishment, Project 90527, in an amount not to exceed $271,000. Work Orders CPE-FT-04-02 and CPE-FT-04-03 il) Approve sending a letter to Congressman Goss' office requesting a Congressional Budget Addition of $100,000 to fund the initial study in support of initiating a Collier County Shore Protection Project. 12) Recommendation to award Bid No. 04-3608 - "Purchase and Delivery of Sulfuric Acid" to Sulfuric Acid Trading Company Incorporated, in the approximate annual amount of $200,000. D. PUBLIC SERVICES 1) 2) Authorization to enter into an agreement between the Collier County University Extension and Wachovia Mortgage Corporation to provide Homebuyer's Education and Counseling for their clients. Approval of attached application by the Board of County Commissioners, and signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant to enlarge the Golden Gate Branch Library. 14 March 23, 2004 3) Approve budget amendment in the amount of $30,000 appropriating funds from General Fund Reserves for Engineering Services for repair of the Clam Pass Drawbridge. 4) Recommendation that the Board of County Commissioners authorize the Chair to sign the attached grant agreement awarding Collier County Public Library $7,500 for a Summer Reading Partnership Pilot Project. 5) Recommendation that the Board of County Commissioners approve submittal of the annual application for funding from the United Way, through the 4H Foundation and, if awarded, approve the acceptance of the $24,000 to support a part-time 4H Customer Service position. E. ADMINISTRATIVE SERVICES 1) Award of Contract #03-3549 to Johnson Engineering Inc., for consultant services to develop a Public Land Survey Section (PLSS) base layer for use within the County's Enterprises GIS Database ($262,400). 2) Approve Amendment No. 3, Contract #00-3173, to Spillis Candela DMJM, for design of the new courthouse annex facility in the amount of $129,518. 3) Approval of a resolution authorizing the Board of Commissioners to delegate limited administrative authority to the appointed Privacy Officer and Security Officer for the purposes of compliance with the Health Insurance Portability and Accountability Act of 1996. Resolution 2004-81 4) Approval of a budget amendment to Fund 517, Group Health and Life Insurance, to properly budget for premiums paid to Cigna Dental Plan and to reflect a corresponding decrease in the Group Health Claims Budget. $) Recommendation to extend Contract Number 01-3253 Installation and Maintenance of Traffic Signals until May 30, 2004. With E.B. Simmonds Electric and Mid-Continent Electric 15 March 23, 2004 6) Approve contract for Construction Manager at Risk for the proposed Emergency Services Center, RFP #04-3609, to Kraft Construction Inc. Targeted Construction Budget-$14,000,000. 7) Award a contract for architectural services in the amount of $420,010 to Walker Parking Consultants for the design of the Vanderbilt Beach Parking Garage, RFP #04-3582. F. COUNTY MANAGER 1) Approve a modification to the FY04 Emergency Preparedness and Assistance Grant accepting $41,897 and approve a budget amendment to recognize and appropriate additional revenue. 2) Request that the Board of County Commissioners approve the submittal of an application to FEMA for the assistance to Firefighters Grant Program for the Isles of Capri Fire Rescue District. ($290,000) To replace fire apparatus that is no longer serviceable 3) Approval of a Tourism Agreement with the Marco Island Historical Society, Inc., in the amount of $7,500 to complete the acquisition and development of plans to build a museum on Marco Island. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta is requesting approval for reimbursement for attending a function serving a valid public purpose for the Spring Volunteer Recognition Luncheon. 2004 Spring Volunteer Recognition Luncheon to be held March 24, 2004, at 12:00 p.m. at Hilton Naples & Towers I. MISCELLANEOUS CORRESPONDENCE a) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 16 March 23, 2004 K. COUNTY ATTORNEY 1) Approve the amendment to stipulated final judgment relative to the fee simple acquisition of Parcel 174 in the Lawsuit styled Collier County v. Michael S. Combs, et al, Case No. 02-2135-CA (Immokalee Road Project #60018). 2) Approve the stipulated final judgment relative to the easement acquisition of Parcels 100, 101 and 700 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, et al, (Immokalee Road Project No. 69101). 3) Approve the Mediated Settlement Agreement as to Parcels 113, 713A and 713B in the lawsuit entitled Collier County v. North Naples United Methodist Church, Inc., et al, (Goodlette-Frank Road, Project 60134). Total cost of $96,938.50. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item has been deleted. Be Request that the Board of County Commissioners adopt a resolution to make findings and to designate a Brownfield Area that is within a portion of a Collier Enterprise Zone and does not include any area outside the geographic boundaries of the Immokalee Regional Airport, all of which is in Collier County and is owned by Collier county, for purposes of environmental 17 March 23, 2004 remediation, if needed, and for economic development of the designated Brownfield Area; providing an effective date. Resolution 2004-82 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-04-AR-5313, an ordinance amending Ordinance 03-46, the Artesa Point "PUD" Planned Unit Development to correct a Scrivener's Error resulting from the unintentional omission of the official zoning map number 1603N in the transmittal copy of the adopted ordinance to the Department of State for the property located on the east side of Collier Boulevard (CR 951) and the south side of U.S. 41 (Tamiami Trail) in Section 03, Township 51 south, Range 26 east, Collier County, Florida. Ordinance 2004-17 De This item requires that all Participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3764, Michael R. Fernandez, AICP, of Planning Development, Inc., representing John J. Nevins, for the St. John the Evangelist Catholic Church, requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development CFPUD, for a Project 14.89+ acre project known as St. John the Evangelist PUD. The applicant is amending the schedule of uses by deleting the adult assisted living facility use and changing the status of several other uses from principal uses to accessory uses. The property is located at 625 111 th Avenue North, in Section 21, Township 48 south, Range 25 east, Collier County, Florida. Ordinance 2004-18 Ee This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Companion Item: VA-2003-AR-4708. RZ-2003-AR-3703, Immokalee Church of the Nazarene represented by William L. Hoover, AICP, requesting a rezone from the "P" Public Use Zoning District to the "CF" Community Facility Zoning District for property located at the southwest comer of the intersection of Colorado Avenue and 4th Street South in Immokalee, Florida, in Section 4, Township 47, Range 29, Collier County, Florida. This property consists of 1.55+ acres. Ordinance 2004-19 18 March 23, 2004 Fe This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Companion Item: RZ-2003-AR-3703. VA-2003-AR-4708, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Immokalee Church of the Nazarene, requesting variances from LDC Section 2.2.19.4.3.1., in the Community Facilities "CF" Zoning District, from the 25-foot minimum front yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building located at the southwest comer of the intersection between Colorado Avenue and 4th Street South in Immokalee, Florida, in Section 4, Township 47 south, Range 29 east, Collier County, Florida. Consisting of 1.55+ acres. Resolution 2004-83 Moved to Item #16A14 G. Request the Board of County Commissioners adopt a resolution supporting Satire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 19 March 23, 2004