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Recap 04/27/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì' " --~ "--._,~ AGENDA April 27, 2004 9:00 AM 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 PRESENT A TION 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 EXPLANA TION 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 1 April 27, 2004 _m____--- --- 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. 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. Dr. Bob Petterson, Senior Pastor, Convenant Presbyterian 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 Bm April 5, 2004 - BCC/PUD Monitoring Workshop Approved and/or adopted with changes - 5/0 Co April 6, 2004 - BCC/City of Naples Joint Workshop Approved and/or adopted with changes - 5/0 e SERVICE AWARDS Presented 20 Year Attendees 1) Patricia Lehnhard, Office of Budget and Management 2 April 27, 2004 e Bo 2) Steven Donovan, EMS 25 Year Attendees 1) 2) David Gigee, Transportation Gail Watson, Library PROCLAMATIONS Ae Proclamation to proclaim the week of May 2-8, 2004 as Drinking Water Week. To be accepted by Steve Lang, Plant Manager SCRWTP; Steve Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and Howard Brogdon, Laboratory Supervisor. Adopted - 5/0 Be Proclamation to designate the month of May, 2004, as Civility Month. Will mail upon presenting the proclamation. To be accepted by David Weigel, Attorney for Collier County Government. Adopted - 5/0 Ce Proclamation to County. To be Department. Adopted - 5/0 recognize May 9-15, 2004 as Tourism Week in Collier accepted by Jack Wert, Executive Director of Tourism De Proclamation to designate the week of April 26 through May 2, 2004 as Florida American Association of University Women Week. To be accepted by Cindy Anderson. Adopted - 5/0 te Proclamation to designate the first week in May every year as National Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the Golden Gate Fire Department. Adopted - 5/0 Proclamation to designate the week of May 2 through May 8, 2004 as Be Kind to Animals Week. To be accepted by Beth Walsh, Collier County Interim Director for Domestic Animal Services. Adopted - 5/0 3 April 27, 2004 Added G. Proclamation designating May 6 as National Day of Prayer. by Rev. Michael Harper. Adopted - 5/0 To be accepted 5. PRESENTATIONS Ao Recommendation to recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of the Month" for April 2004. Recognized 6. PUBLIC PETITIONS Public Petition Request by David Tetzlaff to discuss potential for the County to purchase Caribbean Gardens property. Direct staff to hold a workshop to discuss possibilities - 5/0 Be Public Petition request by Larry J. Gantzer to discuss a Collier Junior/Public Golf Course. Direct staff to evaluate opportunities available and provide a report to BCC within 30 days - 4/1 (Commissioner Henning opposed) Continued to the May 25, 2004 BCC meeting C. Public Petition Request to discuss appeal of LDC Interpretation of PUD located on Pine Ridge Road. 7. BOARD OF ZONING APPEALS Continued to the May 25, 2004 BCC meeting A. ADA-2004-AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 4 April 27, 2004 A. B. This item was continued from the April 13. 2004 BCC Hearin2. Public Hearing to consider adoption of an Ordinance establishing the VeronaWalk Community Development District (CDD) pursuant to section 190.055, F.S. Ordinance 2004-27 Adopted 4/1 (Commissioner Fiala opposed) A Public Hearing to consider an application submitted by Naples Community Hospital to the Board of County Commissioners for the issuance of a Certificate of Public Convenience and necessity to provide transportation services for the inter-facility transfer of post hospital patients. Approved w/stipulations- 5/0 9. BOARD OF COUNTY COMMISSIONERS A. 10. Appointment of member to the Forest Lakes Roadway & Drainage Advisory Committee. Resolution 2004 -161 Re-appointing Robert Cunningham- Adopted 5/0 B. Appointment of member to the Collier County Code Enforcement Board. Resolution 2004 -162 Appointing Raymond J. Bowie-Adopted 5/0 C. Appointment of members to the Bayshore Beautification MSTU Advisory Commi ttee Resolution 2004 -163 Appointing Sharon King and Victor L. Brittain Adopted- 5/0 D. Appointment of members to the Housing Finance Authority Resolution 2004 -164 Appointing George C. Mohlke, Jr. and Rayburn Cadwallader -Adopted 4/1 (Commissioner Henning opposed) COUNTY MANAGER'S REPORT A. Approve Tourist Development Category "A" 10- Year Expense and Revenue Proj ecti ons. Approved 4/1 (Commissioner Henning opposed) Withdrawn B. To receive Board approval of an lnterlocal Agreement between Collier County and the City of Naples regarding construction of the Golden Gate 5 April 27,2004 Parkway at Airport Road Overpass. Moved from Item #16A13 C. Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of$4,162.76. Approved 5/0 Moved from Item #16B3 D. Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080. Approved 5/0 Moved from Item #16E4 E. Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). With Kelley Swofford Roy, Inc., Kidd Tucker Group, Abovewater Public Relations & Marketing and Gilbert & Manjura Marketing, Inc. Approved w/stipulations - 5/0 11. 12. 13. 14. 15. PUBLIC COMMENTS ON GENERAL TOPICS A. Karen Bishop regarding the possible leasing of a property in front of Baywest Nursery COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Halas will not be at the May 25, 2004 meeting. B. John Torre background check C. FEMA letter: Flood insurance study and Flood Insurance Rate Map by 12/01/04; Chairman to send letter to FEMA - Approved 5/0 Golden Gate Parkway - Airport Road overpass - Discussed Staff provide a report regarding signs that advocate violence Commissioner Fiala's Island meeting to be held Wednesday, April2Sth D. E. F. 6 April 27, 2004 ...--., 16. ----------------------------------------------------------------------------------------------------------- at Mackie Park at 7:00 p.m. 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 w/changes 5/0 A. 3) 4) 5) COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "Timber Ridge, Unit Two" the drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Immokalee Water and Sewer District, the roadway improvements will be maintained by Collier County. Resolution 2004-115 2) Request to approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w/stipulations Approval of the Satisfaction of Liens for Resolution No. 2002-395, 2003-435, 2003-442 and 2002-440. As detailed in the Executive Summary LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003051145/ H S Partnership, 200311 0551/Stonestreet, William M., 200309l073/Wilkinson-Meffert Const. Co. Inc., 2003090701/ Wilkinson-Meffert Const. Co. Inc., 200309 1 072/Wilkinson-Meffert Const. Co. Inc., 2003091071/ Wilkinson-Meffert Const. Co. Inc., 200310 lI40/Wilkinson-Meffert Const. Co. Inc. Resolution 2004-116 through Resolution 2004-122 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003100068/Avila, Filomeno & Maria J., 2003l00358/Baton Rouge,LLC, 2003100882/Bray, Steven F., 2003lI0796/Condori, 7 April 27, 2004 6) Franklin & Haydee, 2003110797 /Condori, Franklin & Haydee, 2003110798/Condori, Franklin & Haydee, 2003100 199/Hamilton Bay Dev., LLC, 2003100811/Perseco Corp., 2003110488/Baron, Mimon Resolution 2004-123 through Resolution 2004-131 LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003120857/Delarosa, Sandy L., 2003120487/Eichaker, William H. & Ayako, 2003091 1 83/Mobil Oil Corp. 2003081551/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081505/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081546/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081540/ Horse Creek Partners, Ltd.,Alan Schiffman - (Reg. Agent), 2003081538/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081554/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent) Resolution 2004-132 through 2004-142 7) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003-050, 2003-049,2003-007, 2003-025, 2003-046, 2003- 029 and 2002-033. As detailed in the Executive Summary 8) Request to approve for recording the final plat of "Mission Hills Shopping Center", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved w/stipulations 9) That the Board of County Commissioners of Collier County, Florida, accept $1,500.00 as satisfaction for a second mortgage, and execute a satisfaction of mortgage. 10) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003110863/Benjamson, Martin 1. & Lillian E., 2003100815/Dion, Cheryl L., 200308 1 437/Endres, John D., 2003l10659/Glover, Lizzie H., 2003101236/ Glover, Lizzie H., 2004010316/Gomez, Jesus, 2003090838/Gray Est., Charlie Mae & Willie J. Underwoood Est., 2003120081/La Rue, Claude E., 200310 1195/Melendez, Miranda, 8 April 27, 2004 11) 12) 2003100052/Springs, Matthew J. & Paula A. Resolution 2004-143 through Resolution 2004-152 Request to grant final approval of the roadway (Public), drainage, water and sewer improvements for the final plat of "Habitat Village" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-153 Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Calumet Reserve" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-154 Moved to Item #10C 13) Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of$4,162.76. 14) 15) 16) Requesting the Board of County Commissioners to authorize Engineering Review staff and the County Attorney's office to amend Ordinance 2002-01, the Collier County Administrative Construction Code (ACC), which amends CHAPTER 1 of the Florida Building Code (FBC), Administration, codified as chapter 22 of the Collier County Laws and Ordinances, as it pertains to fill materials and finished floor elevations. To Approve a budget amendment transferring $250,000 from Community Development and Environmental Services fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) building. Recommendation that the Board of County Commissioners approve a Budget Amendment of $27,485.00 from Fund 186 Operating Expenses to Fund 111-1383 18 Operating Expenses to reimburse Fund 9 April 27, 2004 17) 111-138318 for payments made for utility and road proj ects in the Immokalee Redevelopment District. Approve the local Housing Assistance Plan (HAP) and Interlocal Agreement for fiscal years 2004-2005, 2005-2006, and 2006-2007 as required by the State Housing Initiatives Partnership (SHIP) Program. Resolution 2004-155 B. TRANSPORTATION SERVICES 1) 2) Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon Bay Boulevard, which is required for the purpose of maintaining Tarpon Bay Boulevard as a public road. Estimated fiscal impact: $10.50. Request the Board approve and authorize the Chairman to sign, an easement use agreement, allowing homeowners to continue using a permitted cabana which was constructed within a public utility & drainage easement held by Collier County. With H. Albert and Maria C. Forero for property located at Lot 1, Block E, Westlake, Unit No.2. Moved to Item #10D 3) Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. 4) Request the Board approve the installation of a traffic signal at the intersection of Collier Boulevard and Business Circle Drive South at an annual maintenance cost of approximately $3,500. All cost associated with the design and construction of the traffic signal installation will be borne by the developer of the Wal-Mart Market Center PUD. 5) Board approval of Adopt-a-Road Program Agreements at the Board of County Commissioners meeting April 27, 2004. With Your Child Care, First Assembly of God, Harrison-Barry and Scott Gundeck, General Contractor. 6) Request the Board to approve a landscape installation and maintenance agreement between Brynwood Preserve Residents 10 April 27, 2004 .-"-"'-"".' ."," 7) Association and Collier County for landscaping within the right-of- way on Livingston Road. All expenses associated with the improvements and ongoing maintenance shall be the responsibility of the developer and the property owners association. Approve a budget amendment in the amount of $1,654,309 for the Final Judgment for Parcel 110, Collier County Vs. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111. 8) Award of contract # 03-3505 - "Consultant Services for Developing a Roadway Asset Inventory Database" in the estimated initial contract amount of $502,259.50. With Space Imaging, LLC. C. PUBLIC UTILITIES 1) 2) Approve Amendment 1 to Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $72,710. Project 60001. Adopt a Resolution and approve a Declaration of Easement for a deep injection well and monitoring well facilities at the North County Water Reclamation Facility, at an estimated cost not to exceed $10.50, Project Number 73948. Resolution 2004-156 3) 4) Convey a Utility Easement from Collier County, a political subdivision of the State of Florida to the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District to reflect the as-built location of a raw water line at a cost not to exceed $10.50, PUED Project 70054. Accept a Utility & Access Easement from the District School Board of Collier County, Florida, for two water wells, pipeline and access easements on school property, the cost not to exceed $37.50, Project Number 710061. Located on the north side of the extension of Vanderbilt Beach 11 April 27, 2004 5) 6) 7) 8) 9) lO) 11) Road. Adopt a Resolution and approve a Declaration of Easement for a water well, pipeline and access within property acquired for a future park at an estimated cost not to exceed $19,723, Project Number 710061. Resolution 2004-157 Authorize conveyance of an easement to Florida Power & Light Company for electric utility facilities to service a proposed potable water well at a cost not to exceed $33.00, Project Number 710061. Located on a 128.9 acre park site (park property) on the north side of the future extension of Vanderbilt Beach Road at the north terminus of 9th, 11th, and 13th Streets N.W. Approve Work Order # SC-02-74 with Surety Construction Company in the amount of $125,840.00 to perform selective demolition for the Public Utilities Operations Center, Project Numbers 70059 and 73072. Approve necessary budget amendments to record revenues and related expenditures for payment received from property owners of the Price Street - Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU) Project No.# 70077 and payments to various vendors. As detailed in the Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Manatee Road Four New Potable Water ASR Wells Project 70157 As detailed in the Executive Summary Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Carica Road Potable Water ASR Exploratory Well Program, Project 70897 As detailed in the Executive Summary Recommendation that the Board of County Commissioners approve 12 April 27, 2004 the a~r-the-fact submittal of the Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Reclaimed Water ASR Project 74030 For the Pelican Bay Wellfield. As detailed in the Executive Summary 12) Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077 As detailed in the Executive Summary 13) Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034 As detailed in the Executive Summary D. PUBLIC SERVICES 1) Board of County Commissioners approval of a Medical Director Consulting Contract between Collier County and Naples Community Hospital. (Companion item relating to COPCN application) 2) Approve a Budget Amendment Appropriating $29,532.05 from General Fund Reserves for Reimbursement to the State of Florida for Overpayment on a FEMA Claim Submitted After Tropical Storm Gabrielle 3) Approve an Authorized Provider Agreement with the American Red Cross To provide training in water safety, first aid, CPR, AED, and life guarding to employees and clients of Collier County Parks and Recreation. 4) Approve a Request to Apply for a Florida Communities Trust Florida Forever Grant in an Amount No Less Than $1,260,000 for Purchase of the Mar-Good Resort in Goodland 13 April 27, 2004 To provide residents of Goodland and Collier County with a passive recreation area that protects and enhances natural and historic resources. 5) 6) 7) Approve a South Florida Water Management District Grant Agreement for $26,300 for a Central Irrigation Control System in the South District of the Parks System Expand the state of emergency declaration boundaries to be county wide per county ordinance 2004-11 regarding inoculation and removal of palm trees to suppress lethal yellowing disease. Resolution 2004-158 (Declaration of Emergency 2004-01) Consideration of request by Youth Haven, Inc. for the Board of County Commissioners to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004. E. ADMINISTRATIVE SERVICES 1) 2) 3) Approve and execute an Agreement to provide the Golden Gate Fire Control & Rescue District $88,227 from the GAC Land Trust Fund for the purchase of a Fire Safety House and Tow Vehicle. Authorize the conveyance of an easement to Lee County Electric Cooperative, Inc. for electric utility facilities to service the Immokalee Library Addition at a cost not to exceed $15.00. That the Board of County Commissioners award Bid No. 04-3606 for On-Call Roofing Repairs and Inspection Services to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal, Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as tertiary vendor. Estimated dollar amount of $600,00.00 Moved to Item #1 4) 0E Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). With Kelley Swofford Roy, Inc., Kidd Tucker Group, Abovewater 14 April 27, 2004 5) 6) 7) Public Relations & Marketing and Gilbert & Manjura Marketing, Inc. That the Board of County Commissioners award Bid No. 04-3610R for Vending Machine Services to Naples Vending. To be used within County Facilities. Recommendation to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1, 2004 through April 6, 2004. As detailed in the Executive Summary Approve Resolution Stating a Valid Public Purpose for a Departmental Employee Recognition Program, as Established in Ordinance 87-5. Resolution 2004-159 8) Approve and ratify the Settlement in Professional Firefighters of the Everglades, IAFF, Local 3670 v. Collier County Board of County Commissioners, Case No. CA-2003-040, State of Florida Public Employees Relations Commission and approve related budget amendment. F. COUNTY MANAGER 1) Recognize and Appropriate $22,497 of Revenue from a Communications Tower Lease and Approve the Required Budget Amendment. 2) Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of $333,400 3) Approval of Budget Amendment Report - BA #04-218 in the amount of $3,688 G. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 15 April 27, 2004 1) Commissioner Henning requesting approval for payment to attend a function serving a valid public purpose for the Collier County Tourism Awards Luncheon. Cost to be paid is $15.00. To be held on May 7, 2004 at Olde Marco Island Inn & Suites, Marco Island, to honor award winners and visit with the tourism industry personnel. 2) Commissioner Coletta is requesting approval to attend a function serving a valid public purpose: The Greater Naples, Marco Island, Everglades Convention & Visitors Bureau's 2004 Collier County Tourism Awards Luncheon. To be held on May 7, 2004 at Olde Marco Island Inn & Suites, Marco Island, to represent the county in honoring those that have worked towards increasing the amount of tourism brought to Collier County in the amount of $15.00. 3) Commissioner Coletta requests Board approval for payment to attend a function serving a Valid Public Purpose: The Florida Citrus Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14, 2004 in the amount of $9.68. Representing Collier County at Florida Citrus growers 2004 meeting. 4) Commissioner Fiala request for Board approval for payment to attend function serving a valid public purpose - 2004 Collier County Tourism Awards Luncheon Celebration. In the amount of $15.00 - funds to be paid from Commissioner's travel budget. To be held on May 7, 2004 at Olde Marco Island Inn & Suites, Marco Island, to honor award winners and visit with the tourism industry personnel. 5) Commissioner Fiala requests Board approval for payment to attend function serving a valid public purpose - Luncheon to honor former Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid from Commissioner's travel fund. To be held on May 10, 2004 at Naples Beach Club Hotel to honor former Mayor Bonnie Mackenzie for her outstanding service to the City of Naples. 16 April 27, 2004 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Approve Agreed Order and Authorize Payment of Planning Fees, Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier County v. Carole Construction of Naples, Inc., et. al., Case No. 02- 5139-CA (Immokalee Road Project #60018). Payment of $5,976.00 to the Roetzel & Andress Trust Account on behalf of the property owner for planning, appraisal and environmental fees. 2) Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC, et al. Immokalee Road Project No. 60018. As detailed in the Executive Summary 3) Approve Agreed Order and Authorize Payment of Appraisal Fees in the Lawsuit Styled Collier County v. Kathryn Hankins, et. al., Case No. 00-1296-CA (Golden Gate Boulevard Project #63041). Payment of $4,812.50 to the Stewart & Keyes Trust Account on behalf of the property owners for appraisal fees. 4) Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02-5138-CA (Immokalee Road Project #60018). Payment of $3,387.50 to the Roetzel & Andress Trust Account on behalf of the property owners for planning and appraisal fees. 5) Authorize the Making of Five Offers of Judgment Relative to the Fee Taking of Parcel Nos. 808, 908, 112, 114 and 914 in the Lawsuit Styled Collier County v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project #60027). As detailed in the Executive Summary. 17 April 27, 2004 17. 6) Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v. G. Herbst, et. al., Case No. 02-5138-CA (Immokalee Road Project #60018). Payment of $1,710.00 to the Roetzel & Andress Trust Account on behalf of the property owner for planning and appraisal fees. 7) Approve the Mediated Settlement Agreement as to Parcel 167A in the lawsuit styled Collier County v. Andy R. Morgan, et al., Immokalee Road Project 60018 (total cost of $27,408.00). As detailed in the Executive Summary 8) Recommendation that the Board approve and authorize the Chairman to execute a Retention Agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet county purchasing policy contract update requirements. 9) Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor reconfiguration of the office space allocated to the Office of the County Attorney 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 QUASI JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. (This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members) SE-2004-AR-5345, A Resolution amending Resolution 03-354, the Maretee earthmining conditional use to correct a scrivener's error resulting from the unintentional 18 April 27, 2004 inclusion of an incorrect legal description attached as EXHIBIT "B" to the original resolution for the property located at the eastern terminus of Maretee road in section 7, township 51 south, range 27 east, Collier County, Florida. Resolution 2004-160 An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-08, which amended Ordinance No. 91- 102, as amended, the Collier County Land Development Code, to correct scrivener's errors relating to the incorrect insertion of maps pertaining to Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30, Natural Resource Protection Area Overlay District; and to correct scrivener's errors relating to Division 3.15, Adequate Public Facilities; providing for Conflict and Severability; providing for inclusion in the Collier County Land Development Code; and by providing for an effective date. Ordinance 2004-26 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383 19 April 27, 2004