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Recap 06/06-07/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS II '~::--! , ''"-,,>.-.. \ . ..~-C ...-.........,"'-, AGENDA June 6 and 7, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, 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, Page 1 June 6 and 7, 2006 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. 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 w/changes - 5/0 B. May 9,2006 - BCC/Regular Meeting Approved as presented - 5/0 C. May 15, 2006 - BCC/Bayshore CRA Budget Annual Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards Five Year Awards 1) Christopher Sutphin, Pelican Bay Services Division Board Not Present Page 2 June 6 and 7, 2006 2) Ronald Pennington, Collier County Coastal Advisory Committee Presented 3) Anthony Pires, Collier County Coastal Advisory Committee Presented 4) Bill Neal, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Presented 4. PROCLAMATIONS A. Proclamation recognizing June 9,2006 as Sons of the American Revolution Day to be accepted by Don Cahill, Naples Chapter President, and Sam Cahill, Naples Chapter Second Vice President, National Society of the Sons of American Revolution. Adopted - 5/0 5. PRESENTATIONS Added A. Presentation to recognize and thank those responsible for the clean up of certain areas in East Naples, specifically around Home Depot, St. Matthews House, Palm Drive and Town Center. Presented 6. PUBLIC PETITIONS A. Public Petition request by Francis Hoy to discuss bridge at Cypress Way East between Immokalee Road and Piper Boulevard. To be brought back to the June 20, 2006 BCC Meeting - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Moved to Item #8G A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDEX- Page 3 June 6 and 7, 2006 2005-AR-8649 Hammock Park PUD, Joseph A. Filippelli, for Sembler Florida, represented by Dwight Nadeau, of R W A, requesting a 2-year PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD document pursuant to LDC Section 10.02.13.D.5.a. The subject property, consisting of 18.15 acres, is located on the northeast comer of Collier Boulevard and Rattlesnake-Hammock Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26 East, Collier County, Florida. Moved to Item #8H B. This petition was continued from February 14.. 2006 and is further reQuested to be continued to June 20. 2006. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P. A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item will immediately follow Item lOB. which is 10:00 a.m. time certain. Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance No. 2001-13, as amended, (The Collier County Consolidated Impact Fee Ordinance); Providing for incorporation by reference of the Water and Wastewater Impact Fee Study, dated June 6, 2006; Also to insert a reference to the County's most recently updated Water Master Plan and its most recently up-dated Wastewater Master Plan; Also to insert amendments required by Florida HB/SB 1194; Also to append the revised Water and Sewer Impact Fee Rate Schedule to thereby incorporate into the Ordinance, by reference, these new water and wastewater impact fees; Providing for conflict and severability; Providing for inclusion into the Code of Laws and Ordinances; Providing that the Ordinance shall become effective upon receipt by Florida's Secretary of State, but that the revised impact fees shall not become effective until 8:00 A.M. on Friday, September 8,2006. (Companion to Item lOB) Ordinance 2006-26 Adopted - 5/0 Page 4 June 6 and 7,2006 B. This item will immediately follow Item 8A and Item lOB. which have a 10:00 a.m. time certain. Recommend adoption of an Ordinance that modifies Ordinance 2001-73, titled Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; this modification includes proposed rates for water and wastewater services based on a rate study dated June 6, 2006 titled Water and Wastewater Rate Review for Collier County Water-Sewer District; And provides for a new fee titled Allowance for Funds Prudently Invested (AFPI) as Schedule Seven of Appendix A of the Ordinance; and provides for an effective date of October 1, 2006 for Schedules 2 through 7 of Appendix A of the Ordinance; And provides for effective dates of October 1, 2006 and October 1, 2007 for Schedule 1 of Appendix A of the Ordinance. (To be heard after Item 8A) Ordinance 2006-27 Adopted - 5/0; New fees accepted - Approved 5/0 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8126: Rock Creek Holdings, LLC, represented by R. Bruce Anderson, of Roetzel & Andress, LPA and Bruce Tyson, of Wilson Miller, Inc., requesting a rezone from the C-4 (Commercial) and RMF-6 (Residential) zoning districts to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 120 multi-family residential dwelling units, to include a maximum of 24 or 20 percent of the total dwelling units as workforce housing units for a project known as Meridian Village RPUD. The subject property, consisting of 11.68 acres, is located on the northwest corner of the intersection of Airport-Pulling Road and Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. Ordinance 2006-28 Adopted w/stipulations - 5/0 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8901: Habitat for Humanity of Collier County, Inc., represented by Laura Spurgeon, of Johnson Engineering, requesting a PUD Rezone of approximately 26.85 acres from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district with an Affordable Housing Density Bonus. The project is to be known as Liberty Landing and is intended to provide 162 affordable housing units in Immokalee. The subject property is located in the north half of Section 31, Township 46 South, Range 29 East, Collier County, Florida. Ordinance 2006-29 Adopted w/stipulations - 5/0 Page 5 June 6 and 7,2006 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2005-AR- 8918, Palermo Cove PUD, Elias Brothers Communities at Raffia Preserve, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., requesting an amendment to Palermo Cove RPUD, by adding multiple family residential dwelling units as a permitted use for property located north of Wolfe Road, west of Collier Boulevard (C.R. 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2006-30 Adopted w/stipulations - 5/0 F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4991, Robert Mulhere, ofRW A, Inc., representing Woodfield Builders, LLC, requesting a rezone from "A" Rural Agricultural to "RPUD" Residential Planned Unit Development to be known as Rockedge RPUD, subject to the approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of III units at 7.5 bonus density units per acre) in the development of this project for low-income residents. The 76.46 acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6 tenths of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23, Township 50, Range 26 East, Collier County, Florida. Ordinance 2006-31 Adopted w/stipulations - 5/0; Affordable Housing Density Agreement with phasing - Approved 5/0 Moved from Item #7 A G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDEX- 2005-AR-8649 Hammock Park PUD, Joseph A. Filippelli, for Sembler Florida, represented by Dwight Nadeau, of RWA, requesting a 2-year PUD Extension to the Hammock Park Commerce Centre PUD Master Plan and PUD document pursuant to LDC Section 10.02.13.D.5.a. The subject property, consisting of 18.15 acres, is located on the northeast comer of Collier Boulevard and Rattlesnake-Hammock Road, Section 14, Township 50 South, Range 26 East; and Section 23, Township 50 South, Range 26 East, Collier County, Florida. Resolution of Denial 2006-143 Adopted - 5/0 (This item was heard on June 7. 2006) Page 6 June 6 and 7, 2006 Moved from Item #7B H. This petition was continued from February 14.. 2006 and is further reQuested to be continued to June 20. 2006. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P. A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. Continued to June 20, 2006 - Approved 4/0 (Commissioner Henning out) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the County Government Productivity Committee. Resolution 2006-141 Appointing Joe Swaja - Adopted 5/0 B. Board Consideration of the Implementation and Administration of the Special Master Ordinance, Ordinance No. 200446, by the Special Master, including the Workshop of January 20,2006 and to take all Appropriate Measures to Assure Impartiality and a Positive Public Perception in the Special Master and the Special Master Program. Discussed wino action 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a Resolution authorizing the acquisition by gift or purchase of fee simple interests in the proposed right-of-way, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Vanderbilt Beach Road Extension from C.R. 951 to Wilson Boulevard (Project No. 60168) (Norman Feder, Administrator, Transportation Services) Resolution 2006-142 Adopted 4/1 (Commissioner Coletta opposed) Page 7 June 6 and 7, 2006 B. This item to be heard at 10:00 a.m. followed by Companion Item 8A.. then Item 8B. Recommendation that the Board of County Commissioners adopt the 2005 Collier County Water and Wastewater Master Plan Updates, Dated June 6, 2006, Projects 70070, 73066 and 75007. (Jim DeLony, Administrator, Public Utilities) Presented and Approved - 5/0 Moved from Item # 16Bl C. Recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma Clean Up. Approved - 5/0 (This item was heard on June 7.. 2006) Moved from Item #16B2 D. Recommendation to waive formal competition and approve purchase of Panther Habitat Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081 Approved w/letters to be sent to Legislative Representatives - 5/0 (This item was heard on June 7. 2006) Moved from Item #16B3 E. Recommendation to approve the purchase of2.674 acres of improved property of which 0.372 acres are required for road right of way for the Santa Barbara Boulevard expansion project. Project No. 62081 (Estimated fiscal impact: $621,925.00) Approved - 5/0 (This item was heard on June 7. 2006) Moved from Item #16B4 F. Recommendation to approve expenditure of$25,000 to repair a failing culvert located under 10th Street SE over the C-1 Canal (Project No. 51022). Approved - 5/0 (This item was heard on June 7.. 2006) Moved from Item #16D2 G. Recommendation to waive the formal competitive bid process and authorize purchase of outdoor pool deck furniture from Contract Furnishings International, Inc. in the amount of $85,616. Approved - 5/0 (This item was heard on June 7. 2006) Moved from Item #16Fl H. Recommendation to approve expenses not to exceed $4,000 for Collier Page 8 June 6 and 7, 2006 County to provide bus services for elected officials from other counties to two events scheduled June 27 during the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco Island Marriott. Approved - 5/0 (This item was heard on June 7.. 2006) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson - registered to speak, but not present on June 7, 2006 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 11 :00 a.m. This item was continued from the April 25, 2006 BCC Meeting. Presentation of the FY2005 Comprehensive Annual Financial Report by KPMG (County Auditors) Presented and Approved - 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Moved from Item # 16Gl A. Recommendation that the Community Redevelopment Agency (CRA) approve application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving a valid public purpose. Motion to Deny - Approved 4/0 (Commissioner Fiala abstained from voting due to conflict) (This item was heard on June 7. 2006) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS (6/7/06) A. Coletta - Happy about the affordable housing units being established at this meeting B. Fiala - Happy Birthday To Jim Mudd and his Wedding Anniversary C. Fiala - Suggested buying Rivera Golf Course - No consensus D. Fiala - Would like the board to have discussions in regards to affordable housing components of PUDS at a September Workshop E. Coyle - Land Development Code - rezones are subject to concurrency evaluations Page 9 June 6 and 7, 2006 F. Fiala - Ordinance addressing impact fee deferrals to be brought back for formal discussion G. Henning - Change orders (Item #16E3) notice of after-the-fact approvals H. Mudd - North Collier Government Center Open for business I. Mudd - Notice on June 2, 2006 from NCH that they are not going to participate as partners in the upper payment limit program - (Low Income Pool Program) - What was the cause of them doing this? J. Mudd - CBIA lawsuit regarding impact fees K. Mudd - Straw Ballot language for November election on adequate Road Capacity to be discussed at the Legislative Workshop L. Halas - Commissioners need to work together and things need to be brought to the attention of all before anything is done at a meeting M. Coyle - Any letters from the public in regards to an item that they want to be discussed at a meeting should be sent to all Commissioners N. Coletta - Commissioners should have the right to express their own opinion at the meetings 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 - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of Marsala at Tiburon, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 2) Recommendation to approve for recording the final plat of Hampton Village at Ave Maria Phase 1, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations Page 10 June 6 and 7, 2006 3) Recommendation to accept a donated Publix gift card in the amount of$75.00 to be used to purchase volunteer lunches at the Otter Mound Planting Days. To be used during planting events on June 17, 2006 and July 15, 2006 B. TRANSPORTATION SERVICES Moved to Item #10C 1) Recommendation to approve a budget amendment to recognize revenue received from the John Eastern Insurance Company in the amount of $4,068.85 due to Hurricane Wilma Clean Up. Moved to Item #10D 2) Recommendation to waive formal competition and approve purchase of Panther Habitat Units, in the amount of $276,945, as mitigation for road construction impacts. Project 62081 Moved to Item #10E 3) Recommendation to approve the purchase of2.674 acres of improved property of which 0.372 acres are required for road right of way for the Santa Barbara Boulevard expansion project. Project No. 62081 (Estimated fiscal impact: $621,925.00) Moved to Item #10F 4) Recommendation to approve expenditure of $25,000 to repair a failing culvert located under 10th Street SE over the C-l Canal (Project No. 51022). 5) Recommendation to reject all bids submitted for Bid #06-3909, Traffic Operations Electrical Components. 6) Recommendation to reject bids submitted for Bid #06-3917, Roadway Lighting Components. 7) Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). Resolution 2006-136 Page 11 June 6 and 7, 2006 8) Recommendation to authorize the disposal of certain County-owned property that is without commercial value. For the disposal of a Toshiba Fax Machine and HP Laser jet 5M Printer, both are non-operational C. PUBLIC UTILITIES 1) Recommendation to Approve Change Orders to Greeley and Hansen LLC Work Orders GH-FT-05-07 in the amount of$47,250 and GH- FT-05-08 in the amount of$4l,304 under Fixed Term Contract #00- 3119, Fixed Term Professional Utility Engineering Services, for the 2005 Utilities Water Master Plan Update and the 2005 Utilities Wastewater Master Plan Update and Appropriate Budget Amendments, Projects Numbers 70070, 73066, and 75007. To help the Public Utilities meet water and wastewater demands for the next 20 years 2) Recommendation to approve the purchase of an Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner from Pat's Pump and Blower on State Contract 070-700-322 in the amount of $196,572.80. To replace one II-year old vehicle used for maintenance of the County's sewer lines 3) Recommendation to award Contract 06-3901 Loan/Grant Acquisition and Compliance Services to Angie Brewer & Associates, LC, as primary, and to Public Utilities Management & Planning, LC, as secondary, in an estimated annual amount of approximately $1,000,000. To provide staff with a reliable, consistent, and timely source of funding for capital projects 4) Recommendation to award Contract 06-3977 to Vaccaro Consulting, Inc. for "Consulting Services and Planning Assistance". To provide qualified utility software consulting services for the Public Utilities Division D. PUBLIC SERVICES Page 12 June 6 and 7, 2006 1) Recommendation to approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county- owned property for conducting a July 4th Fireworks Festival. To provide a free Fourth of July event for the community at Sugden Park Moved to Item #10G 2) Recommendation to waive the formal competitive bid process and authorize purchase of outdoor pool deck furniture from Contract Furnishings International, Inc. in the amount of $85,616. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Phase I and Phase II of Work Order #SCD-FT-3850-06-01, issued to Spillis Candela DMJM (Architects), in the amount of$368,730.00, for the design and construction management of the Naples Jail Improvement Plan project. 2) Recommendation to approve funding for emergency generator upgrades and associated work in the amount of$408,538. 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the Period of April 15, 2006 through May 17, 2006 F. COUNTY MANAGER Moved to Item #10H 1) Recommendation to approve expenses not to exceed $4,000 for Collier County to provide bus services for elected officials from other counties to two events scheduled June 27 during the Florida Association of Counties 2006 Annual Conference in Collier County at the Marco Island Marriott. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 13 June 6 and 7, 2006 Moved to Item # 14A 1) Recommendation that the Community Redevelopment Agency (CRA) approve application for corporate membership of $200 to Bayshore Arts, and approve a donation of $300 to Bayshore Arts, a 501 C3 organization, from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY06 budget and declare the donation serving a valid public purpose. 2) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of$5,701.50 of Bayshore Gateway Triangle Trust Funds from FY06 Fund 187 budget, to pave Catherine Avenue, a lime rock residential street within the Bayshore Gateway Triangle CRA boundary, as part of Florida Highway Products sole source contract approved May 9,2006, and approve all necessary budget amendments. A cold-mix asphalt product demonstration project to be used and considered for future paving projects H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval to attend a function serving a valid public purpose. Attending the Gulf of Mexico Alliance on June 21, 2006 at the Rookery Bay National Estuarine Research Reserve Environmental Learning Center; $30.00 to be paid from Commissioner Halas' travel budget. To meet with federal and local agencies working together to restore the Gulf of Mexico I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) This item continued from the April 11. 2006 BCC Meetine:. Recommendation that the Board of County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. Page 14 June 6 and 7, 2006 K. COUNTY ATTORNEY 1) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$80,400.00 for the Acquisition of Parcels 119, 121,821 and 921 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No. 03-2196-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact: $47,286.75). 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 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 QUASI- JUDICIAL 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. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9467, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Minor & Associates, P.A., requesting a street name change from Clear Marsh Circle to Aviamar Circle for property in Fiddlers Creek Phase 5 Unit 1 - A viamar, located within Section 13, Township 51 South, Range 26 East. Resolution 2006-137 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9468, by DY Land Associates, LTD., represented by Mark W. Minor ofQ. Grady Minor & Associates, P.A., requesting a street name change from Laughing Gull Court to Marengo Court for property in Fiddlers Creek Phase 5 Unit 1 - A viamar, located within Section 13, Township 51 South, Range 26 East. Page 15 June 6 and 7, 2006 Resolution 2006-138 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9469, by DY Land Associates, LTD., represented by Mark W. Minor of Q. Grady Minor & Associates, P.A., requesting a street name change from Wading Bird Court to Serena Lane for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section 13, Township 51 South, Range 26 East. Resolution 2006-139 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-9470, by DY Land Associates, LTD., represented by Mark W. Minor ofQ. Grady Minor & Associates, P.A., requesting a street name change from Skylark Court to Serenity Court for property in Fiddlers Creek Phase 5 Unit 1 - Aviamar, located within Section 13, Township 51 South, Range 26 East. Resolution 2006-140 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 16 June 6 and 7, 2006