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Agenda 04/23/2013 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 23, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice - Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Chairman NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to 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. 2003 -53 as amended by ordinance 2004 -05 and 2007 -24, 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." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, 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. 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, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252 -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 RM 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Pastor Bob Scudieri - Faith Lutheran Church 2. AGENDA AND MINUTES 2.A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) 2.13. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) 2.C. Approval of today's regular agenda as amended. 2.D. March 26, 2013 - BCC /Regular Meeting 3. SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 20 Year Attendees 3.A.l.a. Pedro Montero, Pelican Bay Services 4. PROCLAMATIONS Pg. 1- 1 Pg. 2 -2 4.A. Proclamation designating May 2013 as Lupus Awareness Month in Collier County. To Pg. 3 - 4 be accepted by Jill Giles, Christina Kuseck and Jessica Kirschenbaum, Lupus Foundation of America, Florida Chapter. Sponsored by Commissioner Hiller. 4.B. Proclamation designating May 2013 as Trauma Awareness Month in Collier County. Pg. 5 - 6 To be accepted by Kathy Wecher, Trauma Outreach Coordinator, Lee Memorial Trauma Center. Sponsored by the Board of County Commissioners. 4.C. Proclamation designating the week of April 22, 2013 as the 33rd Anniversary of Pg. 7 - 8 Know Your County Government Week in Collier County. To be accepted by Autumn Armego- Finger, Naples High School; Janna Donofrio, Barron Collier High School; Astria Mendieta, Corkscrew Baptist; and Jose Rocha, Golden Gate High School. Sponsored by Commissioner Nance. 4.D. Proclamation recognizing the 90th Anniversary of the creation of Collier County on Pg. 9 - 10 May 8, 1923. To be accepted by Ron Jamro, Museum Director, Collier County; and Marilyn Mathes, Library Director, Collier County. Sponsored by the Board of County Commissioners. 4.E. Proclamation designating May 4-12,2013 as Tourism Week in Collier County. To be Pg. 11- 12 accepted by Jack Wert, Director, Collier County Tourism Department. Sponsored by Commissioner Henning. 4.17. Proclamation recognizing April 27, 2013 as Dottie Weiner Day. To be accepted by Pg. 13 - 14 Dottie Weiner; Cindy Love, CEO, Marco YMCA; Tiffany Homuth, YMCA Board President; Steve Reynolds, Marketing Director, Marco YMCA; and Leslie Drake, Community Development Coordinator, Marco YMCA. Sponsored by Commissioner Fiala. 4.G. Proclamation designating April 23, 2013 as Lazaro Arbos Day in Collier County. To be Pg.15 - 16 accepted by Lazaro Arbos. Sponsored by the Board of County Commissioners. S. PRESENTATIONS S.A. Recommendation to recognize Brenda Reaves, Contracts Technician, Purchasing Pg. 17 -19 Department, as the Employee of the Month for March 2013. S.B. Presentation to acknowledge Collier County's #1 ranking in the State of Florida for Pg. 20 - 20 job growth. On April 3, 2013, Florida Governor Rick Scott recognized Collier County for having the fastest annual job growth rate in Florida for 2012. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS B. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. B.A. This item requires that ex parte disclosure be provided by Commission members. Pg. 21- 181 Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider Fred and Marci Wahl's appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in denying Petition BDE- PL20120001428 that requested a 21.5 -foot boat dock extension over the maximum 20 -foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a total protrusion of 41.5 feet for a boat lift on the east side of a boat dock facility in an RSF -4 zone on property described as Lot 11, Isles of Capri Number 1 Subdivision, In Section 5, Township 52 South, Range 26 East, in Collier County, Florida. [Petition ADA- PL20130000004] 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9.A. This item continued from the March 12, 2013 BCC meeting then further continued from Pg. 182 - 216 the April 9, 2013 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120002564, to disclaim, renounce and vacate the County and the Public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to approve the Grant of Easement to replace the vacated U.R.O.S. easement. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 10.13. Reappointment of members to the Conservation Collier Land Acquisition Advisory Committee. Pg. 217 -226 Pg. 227 -238 10.C. Reappointment of member to the Immokalee Enterprise Zone Development Agency. Pg. 239 - 250 10.D. Recommendation to direct staff to bring back proposed locations within Collier Pg. 251- 253 County to develop a facility to be used for radio - controlled airplanes, boats and cars. (Commissioner Fiala) 10.E. Discussion of the Clerk of Court's audit of the Blocker's legal fees in reference to the Pg. 254 - 255 settlement agreement. (Commissioner Coyle) 10.17. Recommendation that the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inc. ( "Fletcher ") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the Board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) that the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities /land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the Board of Commissioners, as was permitted until most recently and as is typical for similarly situated rural airports; (i) that any complaint intended to be filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the Board of Commissioners. That the proposed lease be drafted by the County Attorney to include the provisions, as listed and executed by the County by April 26, 2013. (Commissioner Hiller) 10.G. Recommendation that Board of County Commissioners request that staff prepare and release an RFP for professional real estate services so the county shall have standing contracts with both commercial and residential brokerage and property management firms, to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. The contracts shall be Pg. 256 -336 Pg. 337 -340 for a two year term. It is recommended that 2 commercial and 2 residential brokerage /property management firms shall be selected by the Board from among the applicants. The list of all applicants, to include staffs recommendation of the top ten firms, shall be presented to the Board for final selection and approval at the second public board meeting in June, 2013. Establishing such contracts for the county's benefit is in line with the county's existing practice of standing contracts with professionals such as engineers and appraisers, providing assistance and supplementing staff initiatives without the need to hire additional full time personnel. Nothing shall preclude the county from contracting with other real estate brokerage /management firms should the need arise, i.e., the need for specialized knowledge as to a specific project. (Commissioner Hiller) 10.H. Recommendation that the Board of County Commissioners develop a protocol for Pg. 341 - 343 the presentation of the Clerk's audits to the board, which is both acceptable to the Clerk of Courts and to the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the Board unable to determine if the concerns raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring that the public is fully informed as to both the audit findings and the implemented solutions. That the Board direct the Chair to work with the Clerk and the County Manager to develop such a protocol and bring the protocol back to the Board for final approval. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to authorize the advertisement of an ordinance for future Pg. 344 - 349 consideration which would amend Ordinance No. 76 -48, as amended, to permit dogs on leashes within designated county parks. (Barry Williams, Parks and Recreation Director) 11.13. Recommendation to authorize the advertisement of an ordinance for future Pg. 350 - 385 consideration which would repeal and replace Ordinance No. 93 -72, as amended, in order to establish a new "Collier County Administrator's Ordinance." (Leo Ochs, County Manager) 12. COUNTY ATTORNEY'S REPORT 12.A. Request for authorization to advertise an ordinance for future consideration which Pg. 386 - 509 would amend Ordinance No. 2003 -53, as amended, the "Collier County Ethics Ordinance." 13. OTHER CONSTITUTIONAL OFFICERS 13.A. This item to be heard at 11.00 a.m. Presentation by the Clerk of the Circuit Court's Pg. 510 - 512 Office regarding Audit Report 2011 -3 Freedom Memorial. 13.13. This item to be heard immediately following Item 13A. Presentation by the Clerk of Pg. 513 - 514 the Circuit Court of audit report 2012 -6 Housing, Human, and Veteran Services -- Disaster Recovery Initiative Grant. 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.13. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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. 16.A. GROWTH MANAGEMENT DIVISION 16.A.1. Recommendation to approve final acceptance of the sewer utility facility for Pg. 515 - 528 Lowes of South Naples PL- 20100001862 and to authorize the County Manager, or his designee, to release the Utilities Performance Security Bond (UPS) in the amount of $11,221 to the Project Engineer or the Developer's designated agent. 16.A.2. Recommendation to approve final acceptance of the water utility facilities Pg. 529 - 559 for Lowes of South Naples, Phase 1 PL- 20100000653, Phase 2 PL- 20100001826, Phase 3 PL- 201000001843 and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000 to the Project Engineer or the Developers Designated Agent. 16.A.3. Recommendation to approve the use of State of Florida contracts ITB -DOT- Pg. 560 - 587 09/10 -9027 and 10/11- 9024 -LG and waive formal competition for standardized traffic operations equipment replacement, repairs and service for multiple vendors. 16.A.4. This item requires that ex parte disclosure be provided by Commission Pg. 588 - 592 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Parcel 'A' at Gateway Shoppes, Application Number FP- PL20130000159. 16.A.5. This item requires that ex parte disclosure be provided by Commission Pg. 593 - 601 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with the Reflection Lakes at Naples Phase 3G subdivision (AR -7776) pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 16.A.6. Recommendation to authorize the use of State of Florida contract 490 -000- Pg. 602 632 12 -ACS Fisher Scientific for the continued purchase of laboratory supplies to continue to provide analytical services for the Natural Resource Pollution Control Laboratory. 16.A.7. Recommendation to reject all bids for Invitation to Bid (ITB) #12 -5886 for Pg. 633 - 635 Right -of Way and Median Mowing; and authorize staff to issue a modified ITB. 16.A.8. Recommendation to approve a Wall Construction Agreement between Eagle Pg. 636 - 660 Creek of Naples Condominium Association, Inc., and Collier County as an integral part of the US -41 / Collier Boulevard Intersection Improvement project. (County Project No. 60116). Fiscal Impact: $211,620 16.A.9. This item requires that ex parte disclosure be provided by Commission Pg. 661- 688 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Bent Creek Preserve, (PL201200001267) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.10. Recommendation to grant final approval of the private roadway and Pg. 689 - 701 drainage improvements for the final plat of Cabreo at Mediterra (AR -8780) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 16.A.11. Recommendation to accept the specific past staff clarifications of the Land Pg. 702 - 712 Development Code (LDC) attached to this Executive Summary. 16.A.12. Recommendation to approve and authorize the Chairwoman to sign a Joint Pg. 713 - 741 Participation Agreement with Florida Department of Transportation (FDOT) to receive reimbursement for Construction to install landscape development improvements of unpaved areas within the right -of -way of I- 75 at the Immokalee Interchange; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. (F.M. No. 433809- 1- 58 -01, Project #33257). 16.A.13. Recommendation to approve and authorize the Chairwoman to sign a joint Pg. 742 - 797 Participation Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement in the amount of $12,051,849 for Construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90 (US41), along with the County's US -41 and SR /CR -951 intersection project; to execute a Resolution memorializing the Board's action and authorize all necessary budget amendments. 16.A.14. Recommendation to increase the awarded amount for Bid #11 -5760, Traffic Pg. 798 - 835 Signs and Related Material, awarded to multiple vendors, from an estimated $75,000 in FY11 -12 to $150,000 for FY 12 -13 and the subsequent years remaining on the contract. 16.A.15. Recommendation to approve the release of lien in the amount of $79,581.15 Pg. 836 - 839 for payment of $531.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Steven T. Hovland & Melanie Ann Hovland, Code Enforcement Case Number CESD20100019758, relating to property located at 7850 Friendship Lane, Collier County, Florida. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.13.1. Recommendation for the Community Redevelopment Agency (CRA) to Pg. 840 - 863 amend an existing Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant by clarifying the completion date of the construction of the commercial building improvements to be October 25, 2012. (4097 Bayshore Drive, fiscal impact $0). 16.B.2. Recommendation that the Board of County Commissioners (BCC) acting in its Pg. 864 - 897 capacity as the Collier County Community Redevelopment Agency (CRA) ratify the former Executive Director of the Immokalee CRA's unauthorized termination of an agreement with Collier County granting $140,000 of Community Development Block Grant (CDBG) funds to the CRA for the project known as Immokalee Crosswalk Improvements, Project #CD11 -05. 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to award Bid No. 12 -5956, "Electrical Component Testing," Pg. 898 - 936 to Industrial Electric Testing, Inc., and Electric Power Systems, Inc., as primary and secondary vendors, respectively. 16.C.2. Recommendation to award a contract to AECOM USA, Inc., in the not -to- Pg. 937 - exceed amount of $649,960 under Request for Proposal No. 13 -6010, "Public 1066 Utilities Master Plan," Project Number 70031, and authorize the necessary budget amendments. 16.C.3. Recommendation to approve two work orders to Kyle Construction, Inc., in Pg. 1067 - the combined amount of $381,582.22 under Project Number 70019, "Cross 1082 Connection Control Program." 16.C.4. Recommendation to approve a work order to Haskins, Inc., and a work order Pg. 1083 - to Quality Enterprises USA, Inc., in the combined amount of $139,449.60 1097 under Project Number 70023, Fire Hydrant Replacement. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve a Resolution rescinding and replacing Pg. 1098 - Resolution No. 2013 -31 adopting the Disadvantaged Business Enterprise 1155 (DBE) Program and goal setting process to ensure that DBE's have an equal opportunity to receive and participate in Federal Transit Administration assisted contracts by ensuring nondiscrimination in their award and administration. 16.D.2. Recommendation to approve an amendment to the FY2008 Federal Transit Pg. 1156 - Administration (FTA) Section 5309 grant award. 1163 16.D.3. Recommendation to approve modification #7 to Disaster Recovery Initiative Pg. 1164 Grant Agreement #10DB- D4- 09- 21- 01 -K09 between the Florida Department 1262 of Economic Opportunity (DEO) and Collier County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. 16.D.4. Recommendation to authorize execution of the Congestion Management Pg. 1263 - System /Intelligent Transportation Stakeholders (CMS /ITS) grant award in 1274 the amount of $336,872 for the construction of additional bus shelters. 16.D.5. Recommendation to adopt by Resolution, the State Housing Initiatives Pg. 1275 - Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 1313 2013/2014, 2014/2015 and 2015/2016, sign associated documents, and authorize submission to the Florida Housing Finance Corporation and approve the associated interlocal agreement with the City of Naples. 16.D.6. Recommendation to authorize payment of a $1,753.71 Invoice for the Pg. 1314 - public's use of Sovereignty Submerged Lands at Caxambas Boat Park and 1320 approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to the Florida Department of Environmental Protection. 16.D.7. Recommendation to authorize improvements sought by the Naples Zoo to Pg. 1321 - refurbish the Coyote Cage and for the addition of the South African Lion 1328 Addition in accordance with the current lease agreement between the Board of County Commissioners and the Zoo. 16.D.8. Recommendation to approve two (2) standard Collier County Parks and Pg. 1329 - Recreation facility rental agreements to be used as form agreements and 1335 authorize the County Manager or his designee to enter into these agreements. 16.D.9. Recommendation to grant a Deed of Conservation Easement to the South Pg. 1336 - Florida Water Management District for the Gordon River Greenway Park, 1359 Project 80065.1. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.E.1. Recommendation to approve the establishment of a budget for the Public Pg. 1360 - Safety Authority (PSA) in the amount of $14,000. 1382 16.E.2. Recommendation to approve the electronic submission of a grant application Pg. 1383 - on behalf of the Emergency Medical Services' Search and Rescue Team to the 1390 Walmart Community Grants Program for a maximum of $2,000 for the Hug - A -Tree Program (no match required). 16.E.3. Recommendation to recognize and appropriate the revenues for Special Services to the Facilities Management Department and approve the necessary Fiscal Year 2012 -2013 Budget Amendment. Pg. 1391- 1393 16.E.4. Recommendation to reject responses received for Invitation to Bid (ITB) 13- Pg. 1394 - 6070 Purchase and Delivery of Turf. 1429 16.E.5. Recommendation to approve and ratify the additions, deletions, and Pg. 1430 - reclassifications to the 2013 Fiscal Year Pay and Classification Plan made 1436 from January 1, 2013 through March 31, 2013. 16.E.6. Recommendation to accept the report concerning the sale, donation of items, Pg. 1437 - and disbursement of funds associated with the County surplus auction held 1456 on March 23, 2013, and to approve a resolution authorizing the - County Manager, or his designee, to perform the ministerial function of executing certificates of title for County -Owned vehicles sold or set for sale at future auctions. 16.E.7. Recommendation to approve the assumption of Contract 08 -5009 from SIRE Pg. 1457 - Technologies, Inc., a division of A1phaCorp ( "AlphaCorp ") to Hyland Software, 1509 Inc. ( "Hyland ") for Enterprise Content Management Software Solution. 16.17. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to approve a budget amendment transferring $100,000 Pg. 1510 - from the Pelican Bay MSTBU Fund 109 Reserve for Contingencies to the Clam 1512 Bay Fund 320 Ecosystem Enhancements. 16.17.2. Recommendation to award Bid #13 -6061 for Horticulture Debris Hauling Pg. 1513 - and Disposal to Greenco Vegetation Recycling, LLC. 1547 16.F.3. Recommendation to approve Change Order #4 to Contract # 10 -5541 with Pg. 1548 - Paradise Advertising and Marketing, Inc. in the amount of $100,000 in 1565 additional media and production billing at gross in accordance with their agreement with Collier County and authorize the Chairwoman to execute the Change Order. 16.17.4. Recommendation to approve a report covering a budget amendment impacting reserves in an amount up to and including $25,000 and budget amendment moving funds. 16.F.5. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012 -13 Adopted Budget. 16.17.6. Recommendation to accept the Florida Association of Counties April 4, 2013 Legislative Day Summary Report. 16.G. AIRPORT AUTHORITY Pg. 1566 - 1567 Pg. 1568 - 1572 Pg. 1573 - 1578 16.G.1. Recommendation to approve the attached Travel Request in the amount of Pg. 1577 - $42 for the Airport Authority Executive to meet with the Federal Aviation 1584 Administration and Florida Department of Transportation in Orlando, Florida. 16.G.2. Recommendation to approve attached Concessionaire Agreement between Pg. 1585 - the Collier County Airport Authority and Robert Gretzke, D /B /A Wings for 1606 Specialized Aviation Service Operations at Everglades Airpark. 16.G.3. Recommendation that the Board of County Commissioners, acting as the Pg. 1607 - Airport Authority, approve and authorize the Authority's Executive Director 1630 to execute the attached standard Catering License Agreement for the Marco Island Executive Airport. 16.H. BOARD OF COUNTY COMMISSIONERS 16.14.1. Commissioners request for Board approval to attend the Florida Association Pg. 1631 - of Counties (FAC) annual conference and educational exhibition June 25 -28, 1633 2013. 16.H.2. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1634 - attendance at a function serving a Valid Public Purpose. To attend the 1636 ArtsNaples World Festival - Una Sera Latina event on May 10, 2013. The sum of $100 to be paid from Commissioner Fiala's travel budget. 16.H.3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1637 - attendance at a function serving a Valid Public Purpose. To attend the 11th 1639 Annual Tourism Star Awards Luncheon on May 8, 2013. The sum of $30 to be paid from Commissioner Fiala's travel budget. 16.1. MISCELLANEOUS CORRESPONDENCE 16.1.1. Miscellaneous correspondence to file with action as directed. Document(s) Pg. 1640 - have been routed to Commissioners per their request and are available for 1641 review in the BCC Office until approval. 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. To obtain Board approval for disbursements for the period of March 28, 2013 Pg. 1642 - through April 3, 2013 and for submission into the official records of the 1655 Board. 16.J.2. To obtain Board approval for disbursements for the period of April 4, 2013 Pg. 1656 - through April 10, 2013 and for submission into the official records of the 1670 Board. 16.J.3. Recommendation to approve a budget amendment recognizing interest Pg. 1671 - earned in Supervisor of Elections' 2 012/20 13 Federal Election Activities 1672 Grant. 16.K. COUNTY ATTORNEY 16.x.1. Recommendation to approve an Assumption Agreement substituting the law Pg. 1673 - firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the law firm of 1677 Bricklemyer Smolker & Bolves, P.A., in the Retention Agreement dated April 24, 2007 which was amended twice. 16.x.2. Recommendation to approve and authorize the Chairwoman to execute a Pg. 1678 - mediated Settlement Agreement and Mutual Release prior to trial in the 1688 lawsuit entitled White General Constructors, Inc., v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 12- 2692-CA) for the sum of $40,000. 16.K.3. Request for authorization to advertise for future consideration an ordinance Pg. 1688 - to be known as the "Collier County Attorney's Ordinance." 1738 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. 17.A. Recommendation to approve and adopt an amendment to the County's Flood Pg. 1739 - Damage Prevention Ordinance (FDPO) to adopt Letters of Map Change and Physical 1775 Map Revisions that have been approved by the Federal Emergency Management Agency (FEMA) and establish revisions to the effective Digital Flood Insurance Rate Map (DFIRM). 17.B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06 -42, the Brooks Village Commercial Planned Unit Development (CPUD), by adding a right -in only access point on Pine Ridge Road; by changing the hours of operation of the outparcels fronting on Pine Ridge Road to 24 hours; by changing the access on 11th Avenue SW from ingress only to ingress and egress; by amending the Master Plan; and by revising and deleting developer commitments. The property is located on the southwest quadrant of the intersection of Collier Boulevard (CR 951) and Pine Ridge Road (CR 896), in Section 15, Township 49 South, Range 26 East, Collier County Florida consisting of 22.7 acres; and by providing an effective date. [PUDA- PL20120002136] 17.C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget. Pg. 1776- 1945 Pg. 1946- 1949 17.D. Recommendation to approve and adopt the proposed amendments to the Tourist Pg. 1950 - Development Tax (TDT) Ordinance to increase destination marketing efforts and 1962 the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments; and approve all necessary budget amendments. Approval of this Amendment requires a super - majority vote. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.