Loading...
Recap 05/25/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì' ">-, , , ~=' AGENDA May 25, 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THA T 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 MEE TIN G 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE Page 1 of 19 .-.- 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 ACCOMMODA TION IN ORDER TO P ARTICIP A TE 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 T AMIAMI 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. COMMISSIONER HALAS ABSENT AS REFLECTED BY 4/0 VOTES 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Jim Bailiff, First Christian Church 2. AGENDA AND MINUTES A. B. C. 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-4/0 April 27, 2004 - BCC Regular Approved as presented-4/0 April 28, 2004 - Marco Island Community Meeting Approved as presented-4/0 3. SERVICE AWARDS Presented A. 20 Year Attendees Page 2 of 19 1. Bill Finch, Parks and Recreation 2. Sharon Newman, Transportation Department 4. PROCLAMATIONS A. B. C. D. E. F. Proclamation designating the month of September as Freedom Month. Adopted-4/0 Proclamation to dedicate the National World War II Memorial on May 29, 2004. To be accepted by Jim Elson, President of the Collier County Veteran's Council and Don Peacock. Adopted-4/0 Proclamation designating May 28, 29, and 30, 2004 as WWII Memorial Dedication Weekend. To be accepted by Mike Viehec, Gary McCue with the American Veterans, and Julias Futo with the American Legion. Adopted-4/0 Proclamation to designate the month of November, 2004, as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director for the United Arts Council. Adopted-4/0 Proclamation to designate June 7, 2004 as Children's Day at EMS. To be accepted by Training Battalion Chief Helen Ortega and Administrative Captain Noemi Diaz. Adopted-4/0 Proclamation to designate June 2-7, 2004 as Code Enforcement Officers' Appreciation Week. To be accepted by Janet Powers, Operations Manager, Code Enforcement Department. Adopted-4/0 5. PRESENT A TI 0 NS A. Presentation by Michael Carr regarding final report on Domestic Animal Services, Investigation Case No. 03-1943-CC. Presented B. Present the PHOENIX A WARD to recognize those EMS Paramedics, Page 3 of 19 C. D. E. F. Firefighters, and Sheriffs Officers who through their skills and knowledge have successfully brought back to life individuals who had died. A ward Presented To Edward S. Perico for his outstanding service to Collier County. Presented To John M. Dunnuck III for his outstanding service to Collier County. Presented Distinguished Budget Presentation A ward for the current fiscal year from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. Award Presented To recognize Brian Bower, Plant Mechanic, Public Utilities Division, as "Employee of the Month" month of May, 2004. Recognized 6. PUBLIC PETITIONS A. B. Public Petition request by Lodge McKee to discuss a partnership to make the Naples Depot the "Gateway" to the Collier County Museum System. Staff to meet with all representatives to work out the parameters regarding this matter and bring back on June 22 if possible. Public Petition Request by Jack Jameson to discuss fishing opportunities at Bay View Park. Staff to present to the Parks & Recreation Advisory Board for their determination. Withdrawn C. Public Petition Request by Ruth and Robert Garee to discuss after-the- fact variance fees for 234 Palmetto Dunes Circle. D. Public Petition Request by Peter Infanti to discuss current code regulations regarding the removal of hazardous trees. Discussed Page 4 of 19 7. BOARD OF ZONING APPEALS Withdrawn A. This item continued from the April27~ 2004 BCC Meetin2. 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. Continued to June 8, 2004 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4003 Apostolic Assembly of the Faith in Christ Jesus, Inc. represented by Terrance Kepple, of Kepple Engineering, Inc., requesting Conditional Use #1 of the "E" zoning district, to allow a "Church or other Place of Worship" for property located at 1235 San Marcos Boulevard, in Section 31, Township 49, Range 26 East, Collier County, Florida, consisting of 4.86 acres. 8. AD VER TISED PUBLIC HEARINGS A. B. Request the Board approve an Ordinance to prohibit fishing of any kind, or cast net fishing only, on certain designated bridges within Collier County, which Ordinance also (1) directs the County Administrator to post appropriate signage; (2) authorizes the County Administrator to determine those other County bridges upon which fishing ought to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consistent with F.S. 316.1305, Fishing from State Road Bridges; (5) repeals and supersedes Resolution No. 2003-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date; at an estimated implementation cost of $1,000. Ordinance 2004-34 - Adopted 4/0 Item to be heard at 1 :00 p.m. Consideration of an ordinance adopting a recodification and revision of the County's Land Development Code, to Page 5 of 19 become effective on August 30,2004. Continued to June 22, 2004 BCC Meeting at 1 PM time certain and will be re-advertised C. Immediately followin2 Items #10C and #10D Adopt a resolution amending the water and sewer impact fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance. Resolution 2004-183 - Adopted 4/0 Moved from Item #17 A D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit Development (CPUD) for a project to be known as the COLONADES AT SANTA BARBARA PUD, to allow development of a maximum of 35,000 square feet of mixed office uses. Property is located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 6.83::1:: acres. Ordinance 2004-35 - Adopted with stipulation that there be no overnight parking of equipment and vehicles - 4/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. . Resolution 2004-181 reappointing Charles Gunther and William Mears and the third appointment be readvertised - Adopted 4/0 Added On B. Discussion regarding dual membership on committees dealing with TDC projects and funding. To be brought back at June 22, 2004 BCC Meeting 10. COUNTY MANAGER'S REPORT Page 6 of 19 A. B. c. D. E. F. To approve the acquisition of right-of-way required for the construction of six-lane improvements on Golden Gate Parkway between Airport-Pulling Road and Livingston Road and intersection improvements at Golden Gate Parkway and Airport-Pulling Road consistent with the Grey Oaks PUD. (Fiscal Impact: $4,907,000.) (Norman Feder, Transportation Services Administrator) Approved 4/0 Approval of the conceptual design plans presented by Rails-to- Trails for the greenway along the Florida Power & Light transmission corridor between Rattlesnake Hammock Road and Radio Road. (Norman Feder, Transportation Services Administrator) Approved 4/0 To be heard at 2:00 p.m. Recommendation that the Board of County Commissioners adopt the 2003 Collier County Wastewater Master Plan Update, Dated May 25, 2004, Project 73066. (Jim DeLony, Public Utilities Administrator) Approved 4/0 To be heard at 2:00 p.m. Recommendation that the Board of County Commissioners adopt the 2003 Collier County Water Master Plan Update, Dated May 25, 2004, Project 70070. (Jim DeLony, Public Utilities Administrator) Approved 4/0 To authorize an agreement to acquire rights-of-way for the expansion of Collier Boulevard between Golden Gate Boulevard and Immokalee Road, and to establish an access road for the Golden Gate Fire & Rescue District at their new facility; Fiscal Impact: $536,000. (Norman Feder, Transportation Services Administrator) Approved w/stipulations - 4/0 Adopt a resolution authorizing condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard (CR-95 1) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $4,753,888.00. (Norman Feder, Transportation Services Administrator) Page 7 of 19 Resolution 2004-182 - Adopted 4/0 G. Designate property known as the "Lely Cultural Center" for the South Regional Library / County Museum and begin the process of planning the facility. (John Dunnuck, Public Services Administrator) Approved 4/0 H. Review options relating to the development of a junior golf program and public golf course. (John Dunnuck, Public Services Administrator) Motion that staff not take any action at this time - Approved 4/0 Added On I. Recommendation that the Board of County Commissioners enter into an Agreement with Life Choice Pregnancy Resource Center to receive funds associated with Adoption Awareness license plate revenues. Approved 4/0 11. 12. 13. 14. 15. PUBLIC COMMENTS ON GENERAL TOPICS Sue Smith concerning museum COUNTY ATTORNEY'S REPORT Straw ballot on Charter Government OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. NCH payment of $183,994.89 B. Funding requests from non-mandated Social Service Agencies C. July meeting items D. No taxes paid at Naples Depot or Lely Center ------------------------------------------------------------------------------------------------------------ 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 w/changes-4/0 Page 8 of 19 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Isla Vista at Grey Oaks" the roadway and drainage improvements will be privately maintained, the sewer improvements will be maintained by Collier County, the potable water improvements will be maintained by the City of Naples. Resolution 2004-174 w/release of the maintenance security Request to approve for recording the final plat of "Veronawalk Townhomes Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations Request to approve for recording the final plat of "Veronawalk Townhomes, Phase Two", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 4) Final Acceptance of Water and Sewer Utility Facilities for AR-5477, Crystal Lake Terraces, Phase II, Eagle Creek M2. Release of Utilities Performance Security 5) Final Acceptance of Water Utility Facilities for Ave Maria Interim Facility University (Greenfield Commons) Release of Utilities Performance Security 6) Final Acceptance Of Water Utility Facilities For Key Royal Villas. Release of Utilities Performance Security 7) Establish the name of the Marco Island 9-mile Artificial Reef as the "Marco Sportfishing Club Reef." 8) Adoption by the Board of County Commissioners of a resolution approving a Target Protection Areas outreach mailing strategy for Conservation Collier's second property selection cycle. Resolution 2004-175 Page 9 of 19 B. 9) 10) 11) 12) 13) 14) 15) Authorize Environmental Services Staff to submit a grant proposal to the Florida Department of Environmental Protection (FDEP) for $40,000 worth of contractual services for the removal of invasive exotic vegetation within the State Highway 29 and Plantation Road rights of way. Collier County Board of County Commissioners' endorsement of staff s approval of the application for the Job Creation Investment Program and the Fee Payment Assistance Program by Sky truck Company, LLC. Request authorization for the County Manager or the Community Development and Environmental Services (CDES) Division Administrator to accept the Fiscal Year 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project # FLI4B30-6002, approving execution of Grant Sub-recipient agreement (s) and providing for an effective date and approve all necessary budget amendments. Authorize the Chairman to sign the Department of Community Affairs Single Audit Act Verification form. Approval From Board of County Commissioners to waive formal competition, and solicit proposals for an impact fee study to update the Correctional Facilities Impact Fee. (estimated amount not to exceed $40,000) Recommendation to approve an Agreement for Sale and Purchase of 1.77 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,360,580. Located in Addison Estates on Marco Island Recommendation to approve an Agreement for Sale and Purchase of 3.64 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $486,950. Located on the east side of the entry road to Veterans Community Park, just south of Immokalee Road TRANSPORTATION SERVICES Page 10 of 19 1) 2) Approve a second amendment to work order number HA-FT-03-02 assigned to Pitman-Hartenstein & Associates Inc. to include additional design services for a second segment of the Immokalee Fifth Street Ditch Project (project number 51704) increasing the amount by $62,240.00. Award bid #04-3655, Livingston Road (Immokalee Road to Collier County Line) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $907,201.90. Continued to June 8, 2004 3) Adopt a Resolution authorizing the acquisition of property by gift or purchase for the purpose of assembling land to facilitate improvements to canals and properties in the East Naples area specifically located within the Lely Area Stormwater Improvement Project. Fiscal Impact: $387,000. 4) Approve the purchase of 5.109 acres of land required for a Perpetual Non-Exclusive, Road Right-of-Way, Drainage and Utility Easement, a Drainage Easement and a 4.5-acre stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $672,105.00.) 5) Request the Board to accept donated palms from Stock Development for landscaping on Livingston Road. 6) Recommendation that the Board award Bid No. 04-3656 "Installation and Maintenance of Traffic Signals" to E.B. Simmonds Electrical, Inc. and to Mid-Continent Electric, Inc. At an estimated annual cost of $890,000 Continued indefinitely 7) Award bid #04-3651,Livingston Road (Radio Road to Pine Ridge Road) median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $989,892.04. 8) Approve Professional Services Agreement No. 04-3587 in the amount of $833,297 for design services to be provided by American Consulting Engineers of Florida, LLC, for capacity improvements to Page 11 of 19 C. D. 9) 10) County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, County Project No. 60101. Approve the purchase of2.96 acres of land required for a stormwater retention and treatment pond for the Santa Barbara Boulevard Expansion Project, No. 62081. (Fiscal impact: $316,700.00.) Recommendation to Approve Selection of Qualified Firm and A ward a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 69068 "13th Street SW" in the amount of $248,408.56. Awarded to HDR Construction Control Corp. PUBLIC UTILITIES 2) 1) Recommendation that the Board of County Commissioners approve the selection and award of the Capacity, Maintenance, Operations, and Management (CMOM) and Staff Optimization Assessment Contract in the amount of$59,618, plus contingency of$12,382, for a project budget total of $72,000, Project 72517. Awarded to RJN Group Approval of Settlement Agreement Between TBE Group, Inc., Sprint Communications, Inc., Collier County, Florida and Florida Department of Transportation, as to FIN Project #195378-1-52-01 & 195380-1-52-01, Contract #20534, US 41, Collier County, Florida. As detailed in the Executive Summary PUBLIC SERVICES 1) Approve an interlocal agreement with the City of Naples for fund sharing in the amount of$300,000 for the Norris Community Center project, located at Cambier Park. 2) Approve a Budget Amendment appropriating $126,469 from Emergency Medical Services Fund 490 Reserves to reimburse First Coast Service Options for overpayment of Florida Medicare claims. 3) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Page 12 of 19 E. 4) 5) Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. To be held at Sugden Regional Park Approve the master agreement relating to Services for Seniors' grant programs and authorize the Chairman to sign the master agreement between Collier County Board Of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. Approve a request to apply for a Florida Clean Vessel Act Grant for pump out stations at Caxambas Park and Cocohatchee River Park. 6) Authorize rental of trucks from Enterprise Rent A Car at an estimated cost of $35,000 for the transportation of food to recreation and school sites under the Summer Food Grant Program. 7) 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. ADMINISTRATIVE SERVICES 1) Authorize conveyance of an Easement to Florida Power & Light Company for electric utility facilities to service the Naples Jail Center expansion at a cost not to exceed $15.00, Project Number 520081. 2) Recommendation to approve Amendment No.4, Phase 3 ofRFP # 00- 3173 for Spillis Candela DMJM to provide construction administration services for the Courthouse Annex in the amount of $179,690.00. 3) 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 May 14, 2004. 4) Recommendation to authorize staff to utilize the Western States Contracting Alliance (WSCA) for acquisition of information technology hardware and software. Page 13 of 19 F. G. H. For a period of three years 5) Recommendation to approve a First Amendment to License Agreement with American Tower, L.P. in order to install additional equipment on a communications tower for an additional annual rental fee of $3,600. Located at 13240 Immokalee Road 6) Recommendation to approve a City of Naples Airport Authority Lease Agreement North Quadrant for the Sheriffs Office Special Operations Facility site at a first year annual rent of$19,477.23. For a lease term of 30 years 7) Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director pursuant to Resolution # 2004-15. For the period of January 1,2004 through March 31, 2004 COUNTY MANAGER 1) Request the Board of County Commissioners approve an Emergency/Disaster Relief Marketing Budget plan for advertising and web site information up to $300,000. Plan to be developed by Paradise Advertising 2) Approval of Budget Amendment Report #04-260. AIRPORT AUTHORITY 1) Approve a budget amendment to return unspent funds in the amount of $61,638.25 from the Airport Authority Capital Fund (496) to the Road Construction - Gas Tax Fund (313). BOARD OF COUNTY COMMISSIONERS 1) Proclamation to designate June 2nd through June 8th, 2004 as Jewish War Veterans' Week. Will mail once presented. 2) Commissioner Jim Coletta requests reimbursement for attending the Graduation Ceremonies of the Leadership Collier Class of Page 14 of 19 Withdrawn 5) I. J. 2004 on May 13,2004 to represent the County as a valid public purpose. To be held at the Naples Beach Hotel and Golf Club on May 13,2004, for a cost of $50.00 to be paid from the Commissioner's travel budget 3) Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend the Southwest Florida Transportation Initiative Post-Session Legislative Forum on June 2, 2004, $35.00 to be paid from Commissioner Halas' travel budget. To be held Wednesday, June 2, 2004 at Shadow Wood Country Club, Bonita Springs 4) Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Gulf Citrus Growers Association Annual Meeting and luncheon, $36.00 to be paid from Commissioner Halas' travel budget To be held June 2, 2004, at the Sanibel Harbour Resort in Ft. Myers Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose. Attend Ed Perico's retirement party; $35.00 to be paid from Commissioner Halas' travel budget. To be held June 5, 2004 at the Italian American Club MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida for continuing the existing E-911 System. Resolution 2004-176 2) Recommend that the Board of County Commissioners endorse the Clerk of the Circuit Court's Office Grant Application for the Page 15 of 19 K. 3) State of Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For the development of a Criminal Information System That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. For the period of May 1, 2004 through May 14,2004 COUNTY ATTORNEY 1) Authorize the Making of Offers of Judgment for Parcels 119, 121, 821, 921, 128 and 728 in the Golden Gate Parkway Project (Livingston Road to Santa Barbara Boulevard #60027) 2) Authorize the making of an Offer of Judgment to Respondent, Nellie Whitehurst, for Parcel No. 153 in the amount of $30,000.00 in the lawsuit styled Collier County v. John Frank Sudal, et al., Case No. 02-5l68-CA (Immokalee Road Project No. 60018). 3) Approve Agreed Order and Authorize Payment of Expert Fees and Costs for Parcels 159 and 160 in the Lawsuit Styled Collier County v. Anthony DiNorcia, Jr., et. al., Case No. 04-0031-CA (Vanderbilt Beach Road Project #63051). Authorize payment of $1935.50 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account 4) Approve Agreed Order and Authorize Payment of Appraisal Fees and Engineering Fees for Parcels 100, 101 and 700 in the Lawsuit Styled Collier County v. Faith Bible Church of Naples, Inc., et. al., Case No. 99-2l65-CA (Immokalee Road Project #69101). Authorize payment of $9600.00 to the Earle & Patchen Trust Account Page 16 of 19 17. 5) Approve Agreed Order and Authorize Payment of Engineering Fees for Parcel 129 in the Lawsuit Styled Collier County v. James R. Colosimo, Trustee, et. al., Case No. 00-0 l38-CA (Pine Ridge Road Project #60111). Authorize payment of $1000.00 to the Ruden McCloskey Smith Schuster & Russell Trust Account 6) Authorize the making of an Offer of Judgment to Respondent H.A. Street for Respondent's undivided one-half interest in Parcel No. 159A in the amount of$12,000.00 in the lawsuit styled Collier County v. H.A. Street, et al., Case No. 03-2873- CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION 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 QUASIJUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN IN. Moved to Item #8D A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4332 Colonades Medical Park, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., and D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., requesting a rezone from "E" Estates to Commercial Planned Unit Development (CPUD) for a project to be known as the COLONADES AT SANTA BARBARA PUD, to allow development of a maximum of 35,000 square feet of mixed office uses. Property is located at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier Page 17 of 19 B. C. D. E. County, Florida, consisting of 6.83::1:: acres. A VROW2004-AR5715 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide alley in Block A, according to the plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida. Located in Section 3, Township 47 South, Range 29 East. Resolution 2004-177 This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members.. PUDZ-2003-AR- 4575, Robert L. Duane, AICP, of Hole Montes, Inc., representing Benderson Development Company, Inc., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as the Bosley PUD for a maximum of 303 multi-family affordable housing dwelling units for property located approximately one-quarter mile south of the intersection of 1- 75 and Immokalee Road, in Section 30, Township 48 South, Range 26 East, consisting of 20.23 acres. Ordinance 2004-32 This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4249, Mark Perry, representing Kenmark Construction, Inc. requests Conditional Use # 9 of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the Conditional Use is located at 1010 39th Street S.W. being located just east of Collier Boulevard approximately 1,300 feet south of the White Boulevard and 39th Street S.W. intersection, which is Unit 27 North, North 180 feet of Tract 153, Golden Gate Estates, in Section 14, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 2.85 acres. Resolution 2004-178 RZ-2003-AR-4937, Terry Kepple, of Kepple Engineering, Inc., representing Community School of Naples, Inc., requesting a rezone from "A" Rural Agricultural to "CF" Community Facility for a 29.2 acre tract of land to allow for the expansion of the existing school facilities located to the south of this property. The property is located on the west side of Livingston Road, approximately Yz mile north of Pine Ridge Road, in Section 12, Township 49 South, Range 25 East. Ordinance 2004-33 Page 18 of 19 F. A Resolution of the Board of County Commissioners of Collier County, Florida, Finding a Blighted Area to Exist, and Expanding the Boundaries of the Immokalee Community Redevelopment Area. Resolution 2004-179 G. A Resolution of the Board of County Commissioners of Collier County, Florida, to Amend the Immokalee Community Redevelopment Plan. Resolution 2004-180 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 19 of 19 ---.--..