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Recap 10/10/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 10, 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, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 October 10,2006 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 THREE (3) 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 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. September 12, 2006 - BCC/Regular Meeting Approved as presented - 5/0 C. September 13, 2006 - BCC/Regular Meeting Carryover from September 12, 2006 Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Presented Advisory Committee Service Awards A. 5- Year Recipients 1) Lindy Adelstein, Collier County Planning Commission 2) Paul Midney, Collier County Planning Commission (absent) Page 2 October 10, 2006 3) Mark Strain, Collier County Planning Commission B. 25 Year Attendees 1) Harold Huber, PUED 4. PROCLAMATIONS A. Proclamation to wish Edison College great success in the upcoming Heart and MS Walks. To be accepted by a representative of Edison College. Adopted - 5/0 B. Proclamation designating October 28, 2006 as NAACP Freedom Fund Day. To be accepted by Laverne Franklin and Harold Weeks. Adopted - 5/0 C. Proclamation recognizing October 10, 2006 as Put The Brakes On Fatalities Day. To be received by members of the Collier County Transportation Dept., Collier County Sheriffs Office, Naples Police Dept. and Florida Highway Patrol. Adopted - 5/0 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member Award to Lawrence M. Baytos, County Government Productivity Committee. Presented B. Report and thank you by Jeannette Showalter to the Board of County Commissioners regarding the MSBU for Naples Park Lake. (Commissioner Halas) Presented c. Presentation from the Substance Abuse Coalition of Collier County to Parks and Recreation Director Barry Williams. To be presented by Collier County Court Judge Lauren Brodie and Undersheriff Kevin Rambosk. Presented D. To recognize Allen Madsen for his exceptional performance as the on-site representative of Collier County and ambassador to the public for the Collier County/City of Naples 2006 Beach Renourishment Project. Page 3 October 10, 2006 Recognized Al Madsen E. To recognize Gary McAlpin for his exceptional leadership and management of the Collier County/City of Naples 2006 Beach Renourishment Project. Recognized Gary McAlpin 6. PUBLIC PETITIONS A. Public Petition request by Richard Gazzerro and Thomas Ramsey to discuss code violations for the Shirley Street Antique Mall. Petitioner's violation and citation is placed on hold by the Code Enforcement Board until the BCC reviews the policy and a decision is made on the policy for Naples Industrial Park and to be brought back to the November 28th BCC Meeting - Approved 5/0 B. Public petition request by Nancy Payton to discuss lobby registration and disclosure of lobbyist's clients. Review Ordinance and Minutes and bring back to the November 14th BCC Meeting - Approved 5/0 C. Public Petition request by Mr. John Swasey regarding impact fees. Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation that the Board of County Commissioners deny Petition A VESMT -2006-AR- 9918, which seeks to vacate the County's and the Publics interest in Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A. Petitioner requests to continue indefinitely - Approved 5/0 Page 4 October 10, 2006 B. This item was continued from the September 12~ 2006 BCC meetin2 and has been requested by the petitioner to be further continued. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum of584 residential units on 341.1 acres. The subject property is generally located on the west side of Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida. Petitioner requests to continue to the December 12,2006 BCC meeting- Approved 5/0 Continued to the October 25, 2006 BCC Meeting C. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. Staff requests continuance to October 24, 2006 - Approved 5/0 Moved from Item #17C D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7834 Black Bear Properties ofFL, LLC, represented by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-l zoning district (E-ST/WS 1) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. Ordinance 2006-47 - Adopted 5/0 Page 5 October 10, 2006 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Black Affairs Advisory Board. Resolution 2006-265 Appointing: Charles Martin - Adopted 4/0 (Commissioner Fiala out) B. Appointment of member to the Tourist Development Council. Resolution 2006-266 Appointing: Robert Miller - Adopted 4/0 (Commissioner Fiala out) C. Appointment of members to the Historical/Archaeological Preservation Board. Resolution 2006-267 Re-appointing: Sharon Kenny, William Dempsey (w/waiver) and Patricia Huff - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. This item continued from the September 26, 2006 BCC Meeting. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) Discussed B. Recommendation to Modernize and Update the County's Purchasing Policy. (Steve Carnell, Director, Purchasing) First Motion failed - 2/3(Commissioner Fiala, Commissioner Coyle and Commissioner Henning opposed); Second motion to accept staff recommendations w/o purchasing card Resolution 2006-268 Adopted w/changes - 5/0 Time Certain at 2:00 p.m. C. Recommendation to approve and execute an Agreement for Sale and Purchase with Morande Enterprises, Inc. for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to exceed $8,570,000. (Norman Feder, Administrator, Transportation Services) Approved w/changes - 5/0 Page 6 October 10, 2006 D. Recommendation to approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of$285,375 to provide operational funding for improved frequency of service on Collier Area Transits existing Red Route and to consider approval of early start-up service. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Time Certain at 3:00 p.m. E. Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies, an increase in the maximum allowable home sales price, and other changes as required by new state law and approve all necessary budget amendments. (Cormac Giblin, Housing & Grants Manager, Community Development) Resolution 2006-269 Adopted w/changes - 5/0 F. Recommendation that the Board of County Commissioners accept the recommendations of the Special Master Review Board (SMRB) to renew the contract with Brenda C. Garretson under RFP #04-3677 - Special Master Services for Collier County. (Michelle Arnold, Director, Code Enforcement) Approved w/change (will not hold meetings in the courthouse) - 5/0 G. Recommend approval of the award ofRFP # 06-4007 and corresponding Agreement between Collier County and Paradise Advertising and Marketing, Inc. for Tourism Marketing Services. (Jack Wert, Director, Tourism Department) Approved - 4/0 (Commissioner Henning out) H. This item was continued from the September 26~ 2006 BCC meetin2. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey, Administrator, Public Services) To continue and come back w/changes for review - Consensus Moved from Item #16B2 Page 7 October 10, 2006 I. Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount $120,000 Approved - 5/0 Moved from Item #16D3 J. Recommendation to waive formal competition to approve contracting with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of$183,304.25. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: Regarding updates on previously discussed items B. Jim Mudd: December BCC Meeting will be a two-day meeting C. David Weigel: Update on Affordable Housing issue D. Commissioner Henning: Concern regarding Whippoorwill Interconnection w/Green Boulevard ------------------------------------------------------------------------------------------------------------ 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 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Five. The roadway and drainage improvements will be privately maintained. Resolution 2006-260 Page 8 October 10,2006 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Six. The roadway and drainage improvements will be privately maintained. Resolution 2006-261 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Seven. The roadway and drainage improvements will be privately maintained. Resolution 2006-262 4) Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit Three 5) Recommendation to approve for recording the final plat of Ave Maria Unit 9, Del Webb Parcels 101, 103, 104 & 105, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation that the Board of County Commissioners approve a reimbursement of a portion of the impact fees paid for Handsome Harrys Third Street Bistro, in the amount of$28,305.12, due to a change in the calculation of the impact fees applicable to the project and the resulting over-payment of impact fees and authorizing a change in policy for the assessment of impact fees for mixed use commercial buildings, consistent with the recommendations of the County's impact fee consultants and legal counsel. 7) Recommendation to approve for recording the final plat of Ave Maria Unit Two, Park of Commerce, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to affirm the approval of a United States Fish and Wildlife Cooperative Agreement 4018l6J091 for a Derelict Vessel Removal Grant and approval of the necessary budget amendments to recognize and appropriate grant revenue in the amount of$31,000. B. TRANSPORTATION SERVICES Page 9 October 10, 2006 1) Recommendation to award Bid # 06-4030 to Motorola Central Control Irrigation Supplies and Services to Contemporary Controls & Communications, Inc. and Ag- Tronix. The annual expenditures are estimated to be $250,000. Moved to Item #101 2) Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount $120,000 3) Recommendation to award Bid #06-4031 Installation and Maintenance of Traffic Signals, to Kent Technologies, Inc. and Southern Signal & Lighting. 4) Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The other signs already exist. 5) Recommendation to approve a Developer Contribution Agreement between Tousa Homes INC., collectively referred to as "Tousa, and Collier County, herein referred to as County, for the construction of a public road from Whippoorwill Lane to Livingston Road. Continued to October 24, 2006 BCC Meeting 6) Recommendation that the Board accept a donation from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of$10l,821.89. C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water-Sewer District, declare the Rating Agency Presentations a valid and proper public purpose and approve the expenditure for an on-site luncheon presentation meeting in a sum not to exceed $700.00. 2) Recommendation to approve Work Order ICTSCADA-3916-MAC- 06-04 in the amount of $98,513 to McKim & Creed, P. A. under Page 10 October 10, 2006 Annual Contract 06-3916 for the South County Water Reclamation Facility SCADA Improvements, Project 73964. 3) Recommendation to approve Work Order ICTSCADA-39l6-MAC- 06-05 in the amount of $90,493 to McKim & Creed, P. A. under Annual Contract 06-3916 for SCADA System Upgrades at the South County Regional Water Treatment Plant, Proj ect 70124. 4) Recommendation to approve a Developer Contribution Agreement with DiV osta Homes, LP in the amount of $40, 148.64 for installation of upsized wastewater facilities along Collier Boulevard (CR-951) from Rattlesnake Hammock Road to Sabal Palm Road, Proj ect Number 73946. 5) Recommendation to approve Work Order QGM-FT-3290-07-01 to Q Grady Minor for the engineering services in the amount of $221,150 for the design, preparation of construction plans, and construction inspection for upgrade of four master pump stations, and two lift stations, Project 72546, and Project 73970. 6) Recommendation to approve Budget Amendment to transfer funds in the amount of$120,000 from Project 739491, South County Water Reclamation Facility (SCWRF), Expansion 2001 to Project 725321, North County Water Reclamation Facility (NCWRF) Rehabilitation. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners sign an agreement with Collier Health Services, Inc. for $235,180 ofFY 07 funds to participate as a local match for the Low Income Pool Program for services provided on behalf of the Human Services Department in order to generate an additional $324,773 in Federal matching funds to be paid directly to CHSI for services for the most medically needy in Collier County. 2) Recommendation to approve the submittal of the attached University of Florida Integrated Pest Management Program grant application to the University of Florida Institute for Food and Agricultural Science for an Urban IPM at the farmers market project totaling $3,650 and any necessary budget amendments. Page 11 October 10, 2006 Moved to Item #10J 3) Recommendation to waive formal competition to approve contracting with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of $183,304.25. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 2) Recommendation to approve the award of Bid # 06-4045 "On-Call Overhead Door and Automatic Gate Contractor for Annual Service and Repairs" to Action Automatic Door, Inc., and Garage Doors of Naples, Inc. F. COUNTY MANAGER 1) Recommend approval of Work Order No. HM-FT-3902-06-04 for Wiggins Pass Modeling Proposal and regulatory permitting as proposed by Humiston & Moore on April 11, 2006 on a Time and Material basis not to exceed $120,935 and authorize the County Manager or his designee to sign Work Order No. HM-FT-3902-06-04. 2) Recommendation to approve the Annual Technical Support and Maintenance Renewal Contract for EMS Solutions 2000 through Healthware Solutions in the amount of$29,OlO for FY07. 3) Recommendation to approve a Memorandum of Agreement between the State of Florida Department of Health and Emergency Medical Services as the CHEMP ACK Cache Location for the purpose of responding to acts of chemical emergencies posing a public health CrISIS. 4) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildfire protective clothing and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $5,558. Page 12 October 10, 2006 5) Recommendation to approve Grant Agreement #07-DS-5N-09-2l-0l between the Florida Department of Community Affairs and Collier County accepting $50,591 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds 6) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $l05,806 for Emergency Management Program Enhancement. 7) Approve Budget Amendments 8) Recommend Approval of three (3) Tourist Development C-2 Grant Applications and corresponding revised Tourism Agreements with the Childrens Museum of Naples ($175,000), Naples Art Association ($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of $325,550. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the 6th Annual Golden Key Gala - Black & White Ball on Saturday, October 2lst, 2006, Naples, FL; $115.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the United Way of Collier County 2006 Campaign Recognition Breakfast at the Hilton Naples on October 11, 2006. 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Foundation For Developmentally Disabled, Inc. 's Dinner and Auction on October 28, 2006 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. Page 13 October 10, 2006 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physicians Led Access Network (PLAN) of Collier County on October 14, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 5) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the United Way of Collier County 2006 Campaign Recognition Breakfast on October ll, 2006 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 6) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the 2007 Leadership Collier Class Round table Discussion Luncheon and is requesting reimbursement in the amount of$15.00, to be paid from his travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the League of Women Voters Luncheon on Friday, October 4th at l2:00 noon at the Collier Athletic Club; $16.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board Approval for reimbursement for attending a function serving a valid public purpose. Attend the Collier Citizen of the Year 2006 Banquet on Friday, November 10th, 2006, at The Club at The Strand; $35 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29, 2006. 10) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner Page 14 October 10, 2006 Coletta paid in advance to attend the Immokalee Chamber of Commerce Silent Auction and Dinner on September 30, 2006 and is requesting reimbursement in the amount of$50.00, to be paid from his travel budget. 11) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29,2006. As the Vice Chair of the Growth, Environmental Planning & Agriculture Committee, I chaired the meeting in the absence of the Chair. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Crime Prevention. 2) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. K. COUNTY ATTORNEY 1) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to six (6) Collier County Code Enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2001-55, CEB 200l-58, CEB 2003-01, CEB 2003-02, and CEB 2004-14, all of which cases are entitled Board of County Commissioners, Collier County, Florida vs. Claude (or Jean Claude) Martel. 2) Recommendation to Approve a Stipulated Final Judgment in the Amount of$75,000.00 for the Acquisition of Parcels 110 and 710 in the Lawsuit Styled Collier County v. NB Holdings Corporation, et al., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal Impact: $32,636. Page 15 October 10, 2006 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05-1033-CA (CR 95l, Project No. 65061) Fiscal Impact: $l5,300.00. 4) Recommendation that the Board of County Commissioners Approve a Settlement Agreement and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146 and 746 in the Lawsuit Styled Collier County v. April Circle, Ltd., et al., Case No. 04-3679- CA, Immokalee Road Project #66042. (Fiscal Impact: $ll6,078.50) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE 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 bv Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2006-AR-9993, by Blackstone Estates, represented by Wilson Garcia, P. E. ofQ. Grady Minor & Associates, requesting a street name change from Bears Way to Acorn Way for property in Black Bear Ridge Phase l, located within Section 34, Township 48 South, Range 26 East. Resolution 2006-263 B. This item continued from the September 26~ 2006 BCC Meetin2. Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for Page 16 October 10, 2006 requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. Ordinance 2006-43 Moved to Item #8D C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-l zoning district (E-ST/WSl) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. D. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Residential Rehabilitation Program through Chapter 114 of the County's Code of Laws to reflect improved administrative procedures and organizational changes. Ordinance 2006-44 E. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down Payment Assistance Program through Chapter 114 of the County's Code of Laws to reflect improved practices and organizational changes. Ordinance 2006-45 F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-2006-AR-I0283 Scrivener's Error to amend Resolution 2006-157 to reflect the correct legal description and correct zoning for the subject property located in all of Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846 (Immokalee Road), Collier County, Florida. (A conditional use for earthmining activities) Resolution 2006-264 Page 17 October 10, 2006 G. 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 adopt an Ordinance amending Collier County Ordinance 90-105, as amended, the Collier County Contractors' Licensing Board Ordinance. Ordinance 2006-46 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 18 October 10, 2006