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Recap 07/27/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 27, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 (Absent) 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 1 July 27, 2004 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. Pastor Craig Canfield, Eagle's Nest Worship Center (Absent) 2. AGENDA AND MINUTES A. Approval of to day'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 B. June 8, 2004 - BCC/Regular Meeting Approved as presented - 4/0 C. June 22, 2004 - BCC/Regular Meeting Approved as presented - 4/0 D. June 29, 2004 - BCC/Special Meeting Approved as presented - 4/0 E. June 29, 2004 - BCC/Budget Hearing Approved as presented - 4/0 2 July 27,2004 -_..- F. June 30, 2004 - BCC/Budget Hearing Approved as presented - 4/0 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize August 3rd, 2004 as National Night Out In Collier County. To be accepted by Corporal Ray Erickson, Crime Prevention Unit of Collier County. Adopted - 4/0 5. PRESENTATIONS A. Presentation by the United States Coast Guard Auxiliary to the Collier County Emergency Department and Collier County Citizen Corps for the tremendous assistance in helping volunteer organizations promote the goals and missions of the United States Coast Guard Auxiliary throughout Collier County. To be accepted by Jim V onRinteln, Collier County Emergency Management. Presented B. Award to Sharon Downey, RSVP Project Director, for the Helen K. Fallert A ward for Exemplary services to the elderly in Southwest Florida. Presented by Leigh Wade, Executive Director, Senior Solutions, Inc. Presented 6. PUBLIC PETITIONS Withdrawn A. Public Petition Request by Patrick J. Lee to discuss air show to be held at the Immokalee Airport in 2005. B. Public Petition Request by Del Ackerman to discuss painting standards relating to Del's 24-Hour Store on Bayshore Road. Petitioner to go before the Code Enforcement Board C. Public Petition Request by Herman Haeger to discuss operational costs imposed by Collier County Code Enforcement Board. 3 July 27, 2004 Petitioner Absent D. Public Petition Request by David E. Bryant to discuss Lely Community Development District/Security Resolution. To bring back as a regular agenda item on September 28, 2004 7. BOARD OF ZONING APPEALS A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V A-2004-AR-5798, Richard Rundle, representing Jim and Connie Adams, requesting two variances from PUD Ordinance 82-80, Imperial West PUD for a proposed single-family residential structure: a 1.8 foot variance from the required 20 feet separation between principle structures or one half (112) the sum of the heights of the adjacent structures, which ever is greater, to 18.2 feet on the east side of Lot 46 Park Place West and a four foot variance from the required 20 foot separation to 16 feet on the west side of Lot 46. The property to be considered for the Variance is located at 1155 Imperial Drive, further described as the Lot 46, Park Place West, in Section 15, Township 48 South, Range 25 East, Collier County, Florida Resolution 2004-239 Adopted w/stipulation 3/1 (Halas opposed) 8. ADVERTISED PUBLIC HEARINGS A. This is a companion item to 10J. This item is continued from June 22, 2004. Public Hearing to consider adoption of an Ordinance establishing The Quarry Community Development District (CDD) pursuant to section 190.005, Florida Statutes (F.S.). Ordinance 2004-53 Adopted 3/1 (Fiala opposed) B. This item to be heard at 3:00 p.m. *This item requires that all partieipants be sworn in and ex parte diselosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BCC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. 4 July 27, 2004 (*Swearing in not necessary) Resolution 2004-243 Adopted 3/1 (Coletta opposed) C. Petitioner has requested that this item be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2003-AR-4250: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, ofPMS, Inc. of Naples, and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135-foot high communication tower and a 75-foot high training facility, and sixteen (16) single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of9.38± acres. Motion to continue indefinitely- Approved 4/0 D. Recommendation for the adoption of a Resolution applying the Annual Mid-Cycle Indexing adjustments to amend the Parks and Recreational Facilities Impact Fee rate schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for an effective date of August 2, 2004 Resolution 2004-240 Adopted 3/0 (Halas out) E. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's recently recodified Land Development Code (LDC aka UDC) to correct scrivener's errors prior to final publication and to amend existing and still effective LDC provisions pertaining to political signs and charitable solicitations in road rights-of-way. Ordinance 2004-54 Adopted 4/0 F. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's Code of Laws and Ordinances (Code or Code of Laws) to relocate existing Land Development Code (LDC) 5 July 27,2004 provisions into the Code of Laws, to amend existing Code of Laws Provisions pertaining to the SHIP Program, and to delete duplicative code provisions no longer required. Ordinance 2004-55 Adopted 4/0 G. Petitioner has requested that this item be continued indefinitely. Petition SNR-2003-AR-4982, Bill L. Neal, representing Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change from Bayshore Drive to Botanical Garden Parkway, located in Sections 11, 14, 23 & 26, Township 50 South, Range 25 East. Motion to continue - Approved 4/0 9. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding Status Report from the Collier County Citizens Corps. (Commissioner Coletta's request) To be brought back and placed on a Future BCC Agenda B. Appointment of members to the Community Character/Smart Growth Advisory Committee. Resolution 2004-241 Appointing Joseph Boggs, Kathleen Garren, and Celia M. Fellows - Adopted 4/0 C. Discussion regarding land development restrictions on Plantation Island. (Commissioner Coletta's request.) Motion to accept Staff's Recommendations - Approved 3/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board adopt the proposed FY 2005 Millage Rates Resolution 2004-242- Adopted 4/0 B. It is recommended this item be continued to the September 14, 2004 BCC Meeting. Recommendation to review a proposal from Southwest Heritage Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. (Marla Ramsey, Interim Administrator, Public Services) C. That the BCC approve the MPO's FY 2004/05 operating budget in the amount of$701,230 and all associated future budget amendments to a 6 July 27,2004 maximum amount of $1 ,324,934. (Norman Feder, Administrator, Transportation Services) Approved -4/0 D. Recommendation to consider a request from the developer of Ave Maria University to expand the limits of the County's FEMA-related Base Flood Elevation study, being done by Tomasello Consulting Engineers, to include the Fakahatchee Strand Drainage Basin, which is where the A VE MARIA Stewardship Community District is situated. (Joe Schmitt, Administrator, Community Development) Approved w /Stipulations-4/0 E. Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company. (Norman Feder, Transportation Administrator) Approved-4/0 F. This is a companion item to Item lOG. This item to be heard at 1:00 p.m. Recommendation to award a construction contract in the amount of $32,999,885 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. (Norman Feder, Administrator, Transportation Services) Approved -4/0 G. This item to be heard immediately following Item 10F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811.00 (Norman Feder, Transportation Division, Administrator) Approved -4/0 H. This is a companion item to Item 101. Recommendation to award a construction contract in the amount of$35,379,910.53 to APAC-Southeast, Inc. and reserve $2,225,000 in funding allowances to construct road and utility improvements on Vanderbilt Beach Road, from Airport-Pulling Road 7 July 27, 2004 to just east of Collier Boulevard; Project No. 63051; Bid No. 04-3675; Fiscal Impact $37,604,910.53 (Norman Feder, Administrator, Transportation Services) Approved - 4/0 I. This item to be heard immediately following Item 10H. 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. 63051 "Vanderbilt Beach Road Six-Laning Project from Airport Road to Collier Boulevard" in the amount of $2,074,542.00. Approved - 4/0 J. This is a companion item to 8A. Recommendation to obtain Board approval of a Developer Contribution Agreement between Bayvest, LLC, and Centex Homes (collectively the "Developer"), and the County, with respect to the Heritage Bay Development. THE Agreement: (1) implements certain impact fee credits set forth in a PUD Document and DRI Development Order, which were respectively approved by the County on July 29, 2003, INCLUDING REQUIRING the Developer to pay to the County within 45 days of the date of the Agreement the first $5,000,000.00 of the Heritage Bay road impact fees; (2) supplements the PUD, in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 MILES OF the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3.2.8.3.17 of the LDC, Developer shall construct a ten-foot asphalt greenway type path, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (4) further memorializes a number of Developer commitments previously made in the PUD. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Checks presented) K. Recommendation to approve Professional Services Agreement No.04- 3553 in the amount of $2,264,000 with CH2MHILL, Inc., for the design of Collier Boulevard improvements from US41 to Davis Boulevard, Project No. 60001. Approved - 4/0 L. Recommendation to award "Annual Contract for Manhole and Lift 8 July 27, 2004 Station Rehabilitation Contracting Services" to selected firms, Bid 04- 3660, Project 73051 for $2,588,397.00. Approved - 4/0 M. Recommendation to award to Diversified Drilling Corporation, Bid No. 04-3663, North County Regional Water Treatment Plant Water Supply Wells - Well Drilling Services up to an amount not to exceed $3,207,613; Projects 710061 and 710111. Approved - 4/0 N. Recommendation to approve the award of Bid #04-3670 in the amount of $3,275,650 for a Construction Contract with DeAngelis Diamond Construction, Inc. for the construction of the North Naples Government Services Center and to approve a Budget Amendment for $746,274. Approved - 4/0 o. Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). (Item 12B to be heard immediately following this item. ) Approved -4/0 P. Recommendation to Waive Formal Competition and Award a Contract to Wharton-Smith Inc. Construction Group to Complete the Construction of the 8 MGD RO Expansion at the South County Regional Water Treatment Plant for an Interim Amount not to exceed $3,000,000. Approved - 4/0 Continued Indefinitely Q. Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Joe Schmitt, Administrator, Community Development) Moved from Item #16F2 R. Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05 and Approve the County Owned Museum Funding Request of $1,276,900, and Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally- 9 July 27, 2004 Owned Museums for C-2 Grants Motion to approve Museum Funding - Approved 3/1 (Fiala opposed) - Other items to come back to another BCC Meeting 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski B. John Austin 12. COUNTY ATTORNEY'S REPORT A. Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. Motion made to foreclose w/Mr. Varano, and to move forward with settlement agreement with Ms. Capolino - Approved 4/0 B. Recommendation for the Board of County Commissioners as the Ex- Officio Governing Body of the Collier County Water-Sewer District to Authorize and Ratify a Lawsuit Against United Engineering Corporation and United Engineering Corporation's Surety, National Union Fire Insurance Co., for Liquidated Damages and Consequential Damages Arising from Material Breaches by United Engineering Corporation in Performing the Contract for the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract/Bid No. 01- 3194). (Item lOP to be heard immediately following this item.) Approved - 4/0 13. OTHER CONSTITUTIONAL OFFICERS Added A. Recommendation that the BCC serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff s office grant application, authorize acceptance of the grand award and approve associated budget amendments. (Sheriff Hunter's request) Approved - 4/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AREA 10 July 27,2004 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - updates B. Tom Henning - mitigation and rural fringe; English language for County Staff C. Donna Fiala - Idea for raising funds for Social Services on tax bill (V oluntary Assessment) and Jim Mudd to check with Guy Carlton to see if this is legally feasible. ------------------------------------------------------------------------------------------------------------------------------ 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) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11 ,600(A vatar Properties, Inc). 2) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Stewart). 3) Recommendation to approve an Agreement for Sale and Purchase of 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $31,100 (Zak). 4) Recommendation to approve an Agreement for Sale and Purchase of 3.79 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,200 (Beardsley). 5) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Beardsley, Trustee). 6) Recommendation to approve an Agreement for Sale and Purchase of 11 July 27,2004 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Cassidy). 7) Recommendation to approve an Agreement for Sale and Purchase of 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $16,000 (Hamilton). 8) Recommendation to approve an Agreement for Sale and Purchase of 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,100 (Hanson). 9) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11 ,600 (McBride). 10) Recommendation to approve for recording the final plat of "Milano", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/ stipulations 11) Recommendation to approve payment to attend function serving a valid public purpose. On 6/28/2004, (7) staff members of Financial Administration & Housing Dept. attended the Copeland Civic Assoc. Anniversary Dinner @ a cost of $16.00 per person ($112.00) 12) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Camelot Park". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County Resolution 2004-224 w/ release of maintenance security 13) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Lalique". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-225 w/ release of maintenance security 12 July 27, 2004 14) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Villa Fiorenza". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County, Resolution 2004-226 w/ release of maintenance security 15) Recommendation to approve for recording the final plat of "Cayo Costa, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security w/ stipulations 16) Recommendation to approve a mortgage and promissory note for a two hundred twenty-eight thousand ($228,000) dollar loan to the Collier County Housing Authority. As detailed in the Executive Summary 17) Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County and the related budget amendment that transfers the previously approved funds. Fiscal impact: Not to exceed $62,000.00 18) Recommendation to approve for recording the final plat of "Milagro Place" 19) Recommendation to approve the request to have the Collier County Board of County Commissioners authorize an amendment to resolution 2004-97 which established a fee schedule of development related review and processing fees as provided for in division 1.10 of the Collier County Land Development Code. Resolution 2004-227 20) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Lake Estates". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County Resolution 2004-228 w/ release of maintenance security 13 July 27, 2004 21) Recommendation to approve the Satisfaction of Liens for Code Enforcement Board Case No. 2000031, 2001-005, 2000-049, 2003- 028, 2000-024 and 2001-083. As detailed in Executive Summary 22) Recommendation to approve one (1) impact fee reimbursement requested by Goodlette Road Limited Partnership, totaling $415,326.10, due to building permit cancellation 23) Recommendation to approve one (1) impact fee reimbursement, requested by Vineyards Development Corporation, totaling $1,264,080, due to an overpayment of Water and Sewer Impact Fees on Building Permit No. 2004-050308 24) Recommendation to approve Satisfaction of Lien for Code Enforcement Board Case No: 2003-041 (Wooten Family Partnership, Ltd.) 25) Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security w/ stipulations 26) Recommendation to approve Contract 04-3682, in the amount of $69,330, with Tindale-Oliver and Associates, Incorporated for consultant services for a Law Enforcement Impact Fee Study B. TRANSPORTATION SERVICES 1) Recommendation to award Bid No. 04-3603R - "Purchase of Lime- Rock and Fill Material" to Aggrisource, Youngquist, Florida Rock, Southern Sand and Stone, Inc. for the estimated annual amount of $500,000 (for use in grading and rebuilding lime-rock roadways on all County and State roadways) 2) Recommendation to approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to 14 July 27, 2004 7) Withdrawn 8) 9) address a Lely Civic Association, Inc. generated request via the adoption of Traffic Management Petition Number NTMP-04-0 1, for installation of traffic calming devices on Forest Hills Boulevard and Pebble Beach Boulevard. 3) Recommendation to approve fiscal year 2004 reserve funds to be used to advance fiscal year 2005 landscaping funds into fiscal year 2004 with reinstatement of the reserve funds in fiscal year 2005 from the landscaping budget in the amount of$274,059. As detailed in the Executive Summary 4) Recommendation to approve a Developer Contribution Agreement between FFT Santa Barbara I, LLC, a Florida limited liability company, and Gertrude Abele, Trustee, hereinafter collectively referred to as "Developer," and the County. (Santa Barbara Extension project #60091) 5) Recommendation to endorse proposed roadway functional classification designations for Immokalee and Marco Island "Urban Cluster" Areas of Collier County As detailed in Executive Summary 6) Recommendation to Award Bid #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" at a yearly cost of $123,875.00 (Commercial Land Maintenance, Inc.) Recommendation to approve a landscape installation and maintenance agreement between Longshore Lake Foundation, Inc and Collier County for landscaping and wall installation within the right-of-way on Logan Boulevard at no cost to the County. Recommendation to approve exemptions and variances to the Land Development Code (sidewalks). As detailed in the Executive Summary Recommendation to the Board to approve, sign and execute an Agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of $428,549.20 15 July 27,2004 for the provision of transportation for qualified Medicaid recipients 10) Recommendation to approve a donation from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in the amount of$7395.12 for 50% of the refurbishment cost of the MSTU's entrance monuments 11) Recommendation to approve the Transportation Division to provide a one time grading and lime rock for South 8th Street & Doak Avenue in Immokalee thereby making the roads passable for emergency vehicles such as police, fire and EMS. 12) Recommend Board's approval of Adopt-A-Road Agreements (6) for the following: Buzz Hill State Farm, Dance Universe-Miss S.W. Florida USA, Lori Young-South Bay Realty and Swiss Team Enterprises, Inc. (At a cost of $75.00 per sign) 13) Recommendation to approve Change Order No.1 to Douglas N. Higgins, Inc. for the Palm Street Outfall Project (Project No. 51804) in the amount of$71,402.50. As detailed in the Executive Summary 14) Recommendation for Board to accept grant funds from South Florida Water Management District for the Haldeman Creek Dredging Project in the amount of $500,000, Project Number 51011. 15) Recommendation that the Board approve a Budget Amendment recognizing revenue received from the Florida Department of Transportation under an annual maintenance agreement for traffic signals and streetlights. 16) Recommendation to award a contract in the amount of $297,250 to Aquagenix for the 2004 Australian Pine Removal Project (Project No. 51501), and approve a budget amendment to transfer funds in the amount of$148,250. As detailed in the Executive Summary 17) Recommendation that the Board authorize a speed limit change from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 16 July 27, 2004 MPH) on Oil Well Road from Corkscrew Middle School to 2600 feet east of Everglades Boulevard, for a distance of approximately three (3) miles, at an approximate cost of$600.00. Resolution 2004-229 18) Recommendation to approve a landscape installation and maintenance agreement between Naples Botanical Garden, Inc. and Collier County for landscaping and irrigation installation within the right-of-way on Thomasson Road at no cost to the County. 19) Recommendation to Approve Contract for RFP #04-3571, "Green Boulevard Extension Corridor Study," (Project Number 62024) in the Total Amount of $277,058 (To evaluate the transportation impacts of extending Green Boulevard through Santa Barbara Blvd. To Livingston, negotiations concluded with firm PBS&J) 20) Recommendation that the Board approve a contract between ConsulTech, Inc. and Collier County for System Manager Engineering Services related to Construction Inspection and Implementation Oversight for the construction and implementation of the Advanced Traffic Management System (A TMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 21) Recommendation to the Board to approve a rate increase for the Transportation Disadvantaged Program As detailed in Executive Summary 22) Recommendation that the Board approve a contract with Young's Communications Co., Inc., and Kent Technologies, Inc. for Conduit and Pull Box installation related to communications cable for the Advanced Traffic Management System (A TMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. (Bid # 04-3644 and Project # 601722) 23) Recommendation to Approve Contracts for RFP 04-3645 "Real Estate Appraisal Services" As detailed in Executive Summary 17 July 27,2004 _.'_...,~ 24) Recommendation to authorize repairs to a surface water pumping station in the East Naples area not to exceed $20,000.00 and to accept an agreement between Collier County and Lely Civic Association, Inc. & Lely Country Club P.O.A. for perpetual operation and maintenance responsibilities of said pump to Lely Civic Association, Inc. & Lely Country Club P.O.A. C. PUBLIC UTILITIES 1) Recommendation to award Bid Number 04-3624 to AAA Generator & Pump Inc. for the purchase of generators by the Water Department in the estimated amount of$110,682.00. 2) Recommendation to award Bid Number 04-3626 to E.A. Waetjen, Incorporated for the purchase of a lock and access system for use by the Water Department in the estimated amount of$125,000. 3) Recommendation to approve Budget Amendment in the amount of $720,000 to fund operating expenses for electricity and chemicals at the North County Regional Water Treatment Plant. 4) Recommendation to approve and authorize execution of two Utility Easements and various other transaction documents relative to the Golden Gate Well field Reliability Improvements Project at a cost not to exceed $164,286.00. As detailed in the Executive Summary 5) Recommendation to Award Surplus Bid No. S04-3594 for one 250 KW Generator to E.B. Simmonds Electrical Inc. for the amount of $4,250.00 6) Recommendation to approve the well relocation agreement between Centex Homes and Collier County Water-Sewer District, and approve the necessary budget amendment. 7) Recommendation to approve Work Order # MP-FT-04-04 under Contract #00-3119 with Malcolm Pimie, Inc. in an amount not to exceed $350,000.00 to provide Project Management Support Services for the Northeast Regional Water Treatment Plant and Water 18 July 27,2004 Reclamation Facility, Project Numbers 70902 and 73156. As detailed in the Executive Summary 8) Recommendation to award Contract #04-3672 to Encore Construction Company to construct the Goodland Water Booster Pumping Station upgrades, in the amount of $690,000, recognize additional carry forward, and approve the necessary budget amendment. As detailed in Executive Summary 9) Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $18,067.50, for the evaluation of a Utility Agreement between Collier County and the City of Marco Island. 10) Recommendation to adopt a Resolution authorizing the acquisition of Temporary Beach Restoration Easements required for the Collier County Beach Restoration Project and Management Plan at a cost not to exceed $2,000; Project 905271. Resolution 2004-230 11) Recommendation to approve a change to a work order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc., for Work Order CPE-FT-03-08, Permit Comment and Response, Project 90527, for an additional $30,000. (Beach Renourishment Project) 12) Recommendation to approve Amendment 2 to Work Order CDM-FT- 03-02 under Contract #00-3119 for engineering services related to adding one new public water supply well (Well 33) to the Tamiami Wellfield at a cost amount not to exceed $52,286; Project 70158. 13) Recommendation to award Bid No. 04-3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service" to the three (3) bidders with the lowest collection rate at an estimated annual cost of approximately $50,000. As detailed in the Executive Summary 14) Recommendation to approve Work Order ICTSCADA-REV-04-001 under Contract 04-3536 to Revere Control Systems for 19 July 27, 2004 Instrumentation, Controls and Electrical Installation Services related to Manatee Road SCADA Upgrade in the amount of$105,330, Project 70124. 15) Recommendation to amend Work Order MAC-FT-04-01 under Contract 03-3484 to McKim & Creed Engineers for Implementation and Integration Engineering Services related to Control and Telemetry Upgrades for Carica, Vanderbilt and Barefoot Water Distribution Pump Stations and for Water SCADA System Broadband Wide Area Network in the amount of $188,650, Project 70124. As detailed in Executive Summary 16) Recommendation to approve the Settlement Agreement with Ricky and Christina McAleer (North Hawthorn Wellfield Water Supply Transmission Mains Project No. 700751). As detailed in Executive Summary 17) Recommendation to award to Golden Gate Well Drilling, Inc., Bid No. 04-3683, Golden Gate Wellfield Reliability Improvements- Tamiami Wellfield Drilling Services up to an amount not to exceed $90,950 per well; Project 70158 (To add one new well to meet demand during 2005 peak season) 18) Recommendation to approve a Work Order, under Contract # 01- 3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Taylor Engineering for the 2004 Monitoring of Marco Island, Project 90542, in an amount not to exceed $78,916 (Beach surveys for Marco Island) 19) Recommendation to approve conveyance of an Easement to Florida Power & Light Company required in conjunction with the construction of an improved Solid Waste Operations Center at a cost not to exceed $18.50, Project Number 59005. 20) Recommendation to approve a Budget Amendment for $250,000, and authorize Public Utilities Administrator to execute Work Order # PSI- FT -04-02, to PSI, Inc under Contract NO. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete Phase I of The Cells 1 and 2 Restoration project 20 July 27,2004 at the Naples Landfill in an amount not to exceed $250,000. As detailed in Executive Summary D. PUBLIC SERVICES 1) Recommendation to Award Bid No. 04-3668, "Refurbishment of a 25 ft. Boat" (dollar amount $67,441.21) (to Naples Boat Mart) 2) Recommendation to approve amending Resolution 03-244 for Collier County EMS User Fees. Resolution 2004-231 3) Recommendation to approve an Agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5). (to meet the obligations that require the County to bear the initial cost of examinations of allegedly abused, neglected or abandoned child who is a resident of Collier County) 4) Recommendation to award RFP No. 04-3618 "Tigertail Beach Water and Beach Concession" with an anticipated revenue of $12,000 to Recreational Facilities of America, Inc. for FY 05 5) Recommendation to approve a purchase in the amount of$31,896.12 for bleachers from Seating Constructors USA (for seating at athletic facilities throughout the park system) 6) Recommendation to approve a residential license agreement for the law enforcement officer residence at Sugden Regional Park (to maintain a safe park environment through cooperation with the Collier County Sheriff's Office and Mr. Havlik) 7) Recommendation to approve a purchase in the amount of $67,398 for replacement of turf maintenance equipment from Wesco Turf, Inc. As detailed in the Executive Summary 8) Recommendation to approve the Home Care for the Elderly budget amendment and continuation grant in the amount of$97,359 and authorize the Chairman to sign the agreement between Collier County 21 July 27,2004 Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. (uninterrupted support services to Services for Seniors' ) 9) Recommendation to approve the Alzheimer's Disease Initiative continuation grant in the amount of $1 05,706 and authorize the Chairman to sign the 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. (uninterrupted support services to Services for Seniors') 10) Recommendation to approve the Community Care for the Elderly continuation grant in the amount of$614,132 and authorize the Chairman to sign the 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. (uninterrupted support services to Services for Seniors) 11) Recommendation to purchase a rubberized natural grass field process for a soccer field at Vineyards Community Park from Turf Solutions Southeast at a cost of$30,000, to be funded by the Waste Tire Grant Program (to promote recycling awareness) E. ADMINISTRATIVE SERVICES 1) That the Board of County Commissioners award Bid No. 04-3621 Alarm Monitoring Services to Dehart Alarms for monitoring of fire and burglar alarms. Estimated annual monitoring cost is $25,000. (In the Collier County Government Facilities) 2) Recommendation to award Quote # 04-0333 under contract # 02-3349 in the amount of$107,229.90, "Main Lobby Renovations of the Collier County Courthouse" to Surety Construction Co. 3) Recommendation to approve an agreement between the American Red Cross and the Board of County Commissioners to provide training to Collier County employees to become "American Red Cross Health and Safety" certified instructors and authorized providers of first aid, CPR, and other health and safety education programs. 22 July 27,2004 -""-"- 4) Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification Plan made from May 15,2004 through July 9, 2004. (To add: Director of Traffic Operations & Supervisor of Building Automation Center) 5) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. (Report covers the period of May 24, 2004 through June 30, 2004) 6) Recommendation to award a quote under Contract # 02-3349 in the amount of $74,818.00, "Toilet Renovations for Building F" to Surety Construction Co. 7) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of July 1 0, 2004, resulting in $9,526.60 in net revenues. 8) To approve a Budget Amendment for $66,382.00 for General Capital Improvement Maintenance Project (Fire Alarm upgrades for Government Center campus). (52525) 9) Recommendation to approve budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget As detailed in the Executive Summary 10) Recommendation to approve a Lease Agreement with Nextel South Corporation granting use of rooftop space atop Building 'L' for annual revenue of $30,000 and a first year, one-time contribution of $10,000. As detailed in the Executive Summary 11) Recommendation to ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services. 23 July 27, 2004 12) Recommendation to declare certain county-owned modular furniture pieces as surplus and authorize staff to properly dispose of these items. As detailed in the Executive Summary Continued Indefinitely 13) Recommendation to Approve the Advisory Committees Outstanding Members Service Award Program F. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." As detailed in the Executive Summary Moved to Item #10R 2) Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05 and Approve the County Owned Museum Funding Request of$I,276,900, and Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally-Owned Museums for C-2 Grants. As detailed in the Executive Summary 3) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 24 July 27,2004 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit Resolution 2004-232 4) Recommendation to approve a Tourist Development Category "A" FY 05 Grant Application and a Tourism Agreement Submitted by the City of Naples for Monitoring of Doctors Pass in the Amount Of $10,580. 5) Recommendation to approve special assessments as requested by the Florida Association of Counties (F AC) for legal proceedings on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of$19,188. As detailed in the Executive Summary 6) Summary of 17 Fund 195 Tourist Development Category "A" Grant Applications and Corresponding Tourism Agreements and other Tourist Tax Funded Expenditures Totaling $24,724,568 for FY 04/05 As detailed in the Executive Summary 7) Recommendation to Approve an Interlocal Agreement between Collier County and the City of Naples Establishing Office Space for our Collier County Film Commissioner Within the Norris Community Center at $350.00 Per Month for use of the Premises. 8) Recommendation to Direct Staff to Prepare an Amendment to Ordinance Number 92-18 Eliminating the Non-Voting Position from The Tourist Development Council 9) Approve a Budget Amendment to Recognize and Appropriate $14,400 of Isles of Capri Fire District Impact Fee Revenue (to purchase thermal imaging equipment) 10) Approve a Budget Amendment to Recognize and Appropriate $30,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees. 11) Approval of Budget Amendment Report. Budget Amendment #s: #04-359, #04-375 & #04-376 25 July 27, 2004 12) Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $6,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Arthrex Building for the County Transportation Division; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Resolution 2004-233 13) Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $21,400,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of certain real property within the County, collectively known as America's Business Park, including the reimbursement of certain expenses incurred by the County in connection therewith, if necessary; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Resolution 2004-234 14) Recommendation to approve contract for RFP 04-3607 with Public Financial Management, Inc., (PFM) for Financial Advisory Services As detailed in the Executive Summary G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AREA 1) Authorize the Airport Authority to accept a grant from the Federal Aviation Administration in the amount of $245,889 for the 26 July 27,2004 construction of a parallel taxiway at the Everglades Airpark H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas request for Board approval for payment to attend a function serving a valid public purpose. Attend the Greater Naples Chamber of Commerce 2004 Annual Trade Show, August 25, 2004 at the Naples Beach Hotel; $15.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Request authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2002-2003 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1) Recommendation to authorize staff to prepare and submit an application for the lease of submerged land (aquaculture) from the State of Florida for one or two acre plots for marine research in aquacul ture. (Fiscal Impact: not to exceed $2,000.00) 2) Recommendation to approve a Partial Release of Lien imposed in Resolution No. 2000-373, Resolution No. 2003-279 and Resolution No. 2003-407, relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. As detailed in the Executive Summary 3) Recommendation to have the Board Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 179 and 179T in the Lawsuit Styled Collier County v. Dr. Francisco O. Cortina, et aI., Case NO. 00-0936-CA (Golden Gate Boulevard Project #63041). 4) Recommendation to approve the Mediated Settlement Agreement as 27 July 27, 2004 to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). As detailed in the Executive Summary 5) Recommendation to approve the Stipulated Final Judgment as to Parcel 138 in the lawsuit styled Collier County v. John Aurigemma, et aI., Case No. 04-344-CA (Vanderbilt Beach Road Project 63051). 6) Recommendation to approve the Agreed Order A warding Guardian Ad Litem Fees as to Parcel 326 in the lawsuit styled Collier County v. Agnaldo DeLima, et aI., Case No. 00-1967 -CA, Golden Gate Blvd. II Project 63041 (total cost of $489.00). 7) Recommendation to approve the Stipulated Final Judgment as to Parcel 146 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et aI., Case No. 03-2403-CA (Golden Gate Parkway Project 60027). 8) Recommendation to Approve Stipulated Final Judgment Relative to the Acquisition of Parcel 114 in the Lawsuit Styled Collier County v. Marian H. Gerace, as Successor Trustee, et aI., Pine Ridge Road Project #60111. 9) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc. and to refund currently outstanding indebtedness for eligible expenditures. Resolution 2004-235 10) Request by the Collier County Industrial Development Authority for updated approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. Resolution 2004-236 11) Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. 28 July 27, 2004 As detailed in the Executive Summary 12) Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. As detailed in the Executive Summary 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 REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. An Ordinance of the Board Of County Commissioners amending Ordinance No. 91-102, as amended, the Collier County Land Development Code, or its successor, by providing for an amendment to correct Ordinance No. 03-28, for the Tuscany Reserve Planned Unit Development (PUD) and by providing for an effective date. Ordinance 2004-47 B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Recommendation to approve A VPLA T2004- AR5547 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide Drainage Easement located on Lots 27 and 28, according to the plat of "North Collier Industrial Center," as recorded in Plat Book 31, Pages 50 through 51, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation Drainage Easement on a portion of Lots 28 and 29 of said "North Collier Industrial Center." Located in Section 29 July 27, 2004 10, Township 48 South, Range 25 East. Resolution 2004-237 C. This item has been continued from the June 29, 2004 BCC/Special Meeting. An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 97-8, As Amended, The False Alarm Ordinance; Authorizing Violators To Appeal Citations To The Code Enforcement Special Master; Authorizing The Sheriff's Office To Refer Unpaid Citations To The Special Master; Providing That The Special Master Can Assess A Civil Fine Up To $500 And Can File Liens Against Violator's Property; Increasing Civil Fines For Five Or More False Alarm Violations; Providing That Class Certificates For Credit Against A Future Violation Expire After 365 Days Of Issuance Date Ordinance 2004-48 D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. The applicant is seeking an after-the-fact variance to allow the separation between Building 6 and Building 7 of the Cypress Glen PUD to remain at 13.75 feet rather than the 15-foot separation required between buildings in the Cypress Glen PUD. The two buildings are currently under construction. A spot survey disclosed Buildings 6 and 7 were 13.75 feet apart rather than the 15 feet required. This is the result of a drawing error. The applicant is therefore requesting a 1.25-foot building separation variance to allow the buildings to remain where they are currently located. Resolution 2004-238 w/ stipulations E. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-2003-AR-4046, Dwight Nadeau, of RW A Consulting, Inc., representing Waterways Joint Venture IV, requesting a rezone from Rural Agricultural (A) and Planned Unit Development (PUD, known as Hibiscus Village PUD) to PUD to be known as Summit Place in Naples PUD for a residential development consisting of 98.4 + acres and 394 dwelling units for property located at 14625 Collier Boulevard which is on the west side of Collier Boulevard (C.R. 951) and approximately 700 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2004-49 30 July 27, 2004 F. Recommendation to approve a Mandatory Non-Residential Recycling Ordinance Ordinance 2004-50 G. This item continued indefinitely. Recommendation to adopt Resolution increasing the Regulatory Assessment Fee from the current 2.0% up to 3.75% of the gross revenues for nonexempt, investor-owned water and/or wastewater systems subject to local regulation and the Florida Governmental Utility Authority, pursuant to Interlocal Agreement, effective October 1, 2004. H. Ordinance to Amend Collier County Ordinance No. 87-60 to Authorize the County's Transportation Department to Issue Permits that Authorize In-the- traveled-road Solicitations of Charitable Contributions Ordinance 2004-51 I. Recommendation to approve and enact an Ordinance allowing the obtainment of State of Florida and Federal Bureau of Investigation record checks through mandatory fingerprinting of current and new employees, vendors and contractors in certain positions related to Security and/or Public Safety. Ordinance 2004-52 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 31 July 27,2004