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Recap 02/26/2013 RCOLLIER 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 February 26, 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 Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Vice - 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 -249 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. Page 1 February 26, 2013 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 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Jonathan Evans - First Presbyterian Church of Naples Invocation given 2. AGENDA AND MINUTES A. Approval of today's regular agenda as amended. Approved and /or Adopted with changes — 5/0 B. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Approved and /or Adopted with changes — 510 Page 2 February 26, 2013 C. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Adopted with changes — 510 D. January 22, 2013 - BCC/Regular Meeting Approved as presented — 510 E. February 5, 2013 - BCC /Airport Authority Workshop Approved as presented — 510 F. February 5, 2013 - BCC /Workshop on Meeting Schedules and Board Office Restructuring Approved as presented — 510 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Jim Riley, Road Maintenance Department Presented 2) 25 Year Attendees a) Judy Puig, Growth Management Presented b) Kevin Hendricks, Transportation Engineering Dept. Presented c) William Craig, Water Department Presented d) Valerie Thorsen, EMS Presented 3) 30 Year Attendees Page 3 February 26, 2013 a) Gary Hamm, Road Maintenance Department Presented b) Gregorio Flores, Water Department Presented 4) 35 Year Attendees a) Jodi Walters, Solid Waste Department Presented 4. PROCLAMATIONS A. Proclamation designating March 10, 2013 as the Duane Billington Day of Remembrance in Collier County in recognition of his contributions to the community. Proclamation read into the record — Adopted 510 5. PRESENTATIONS A. Recommendation to recognize Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Department, as the Employee of the Month for February 2013. Presented 6. PUBLIC PETITIONS Withdrawn (Per Agenda Change Sheet) A. Public petition request from Richard Van Deelen requesting that the Board give direction for an analysis of a Municipal Services Benefit Unit (MSBU) for the La Peninsula Condominium residents to replace the Sea Wall. Continued to the March 12, 2013 BCC Meeting (Per Agenda Change Sheet) B. Public Petition request from Randall J. Cohen regarding practices and procedures. C. Public Petition request from Pedro Jesus Romero - Menendez regarding matters concerning Immokalee. Arrived and presented at 9:55 a.m. Page 4 February 26, 2013 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Charles Minard — EMS response time Item 8 to be heard no sooner than 1:00 Pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:00 Pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS Withdrawn (Per Agenda Change Sheet) A. Appointment of a member to the Collier County Planning Commission. B. Appointment of member to the Airport Authority Advisory Board. Resolution 2013 -53: Appointing James P. Kelly — Adopted 510 C. Re- appointment of a member to the Conservation Collier Land Acquisition Advisory Committee. Resolution 2013 -54: Reappointing Lauren Gibson — Adopted 510 D. Recommendation to re- advertise the vacancy on the Vanderbilt Beach Beautification MSTU Advisory Committee. Approved — 510 E. This item to be heard at 10:30 a.m. Recommendation to adopt a Resolution in support of the Second Amendment to the Constitution of the United States. (Commissioner Henning) Resolution 2013 -56 — Adopted 510 F. Recommendation that the Board of County Commissioners approves a Resolution formally declaring its intent to not increase the Tourist Development Tax. (Commissioner Hiller) Resolution 2013 -55 — Adopted 510 11. COUNTY MANAGER'S REPORT Page 5 February 26, 2013 A. This item to be heard at 11:15 a.m. Recommendation to award Invitation to Bid (ITB) #I 3-5986R to Manhattan Construction, Inc., in the amount of $8,939,010 for the construction of the Gordon River Greenway Park Project #80065 and authorize the Chairwoman to execute the contract. (Barry Williams, Parks and Recreation Director) Approved — 4/0 (Commissioner Henning absent) B. This item to be heard at 3:00 p.m. Recommendation to approve the proposed reallocation of current Tourist Development Tax funding to increase destination marketing efforts and annual accumulation of reserves for major beach renourishment, solicit recommendations from stakeholder groups prior to the Board's consideration of an ordinance and /or policy changes, and to authorize Staff to draft documents for Board approval to implement said changes. (Jack Wert, Tourism Director) Approved staff recommendations — 510 C. Recommendation to approve recognition of additional, uncommitted FY12 carry- forward of up to $450,000 and all necessary budget amendments for additional destination marketing efforts and Tourism Department staff. (Jack Wert, Tourism Director) Motion to recognize the FY11 /12 carry forward, allocate $200,000 for increased marketing and to bring back staffing needs with TDT policy changes at the March 12, 2013 BCC Meeting — Approved 4/0 (Commissioner Coyle absent) D. Recommendation to award Bid #13 -6039 to Orion Marine Construction, Inc. in the amount of $1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve necessary budget amendment. (Gary McAlpin, Coastal Zone Management) BCC makes a finding that this item promotes tourism and item is approved as stipulated — 510 E. Recommendation to approve the Atkins North America peer review of the Coastal Planning and Engineering volume design for the 2013/14 beach renourishment project and approve the proposed project bid form and bidding approach. (Gary McAlpin, Coastal Zone Management) Motion to bring back with incremental bids and modify the scope of the project for good value — Approved 510 Page 6 February 26, 2013 F. This item to be heard at 4:00 p.m. Recommendation to accept staffs progress report for locating a potential All Terrain Vehicle (ATV) Park site and that the Board of County Commissioners approve two alternate members to the seven member All Terrain Vehicle (ATV) Park Site Ad Hoc Committee. (Nick Casalanguida, Growth Management Administrator) Motion to extend existence of the ATV Park Site Ad Hoc Committee 12 months, allow the committee to seek letters of interest that may include property beyond the Collier County border, accept staff's progress report, contact Dade County to explore possibly using the jetport property again and appointing Greg Westgate & Ed Lukosavich as the two alternatives to the ATV Park Site Ad Hoc Committee — Approved 4/0 (Commissioner Coyle absent) G. Recommendation to adopt the Fiscal Year 2014 Proposed Budget Policy. (Mark Isackson, Corporate Finance and Management Services Director) Resolution 2013 -59 — Adopted 4/0 (Commissioner Coyle absent) H. Recommendation to award Bid Number 13 -6026, "NCRWTP Membrane Replacement and Inter -stage Booster Project," to Poole and Kent Company of Florida in the amount of $1,564,000, and authorize a budget amendment in the amount of $300,000 for Project Number 71057. (Tom Chmelik, Planning & Project Management Director) Approved — 510 I. This item was continued from the February 12, 2013 BCC Meeting: Recommendation to adopt a resolution authorizing condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements known as the "Haldeman Creek and Crown Pointe Weirs" segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $117,000. (Margaret Bishop, Transportation Engineering Sr. Project Manager) Resolution 2013 -57 — Adopted 510 Moved from Item #16C2 (During Agenda Changes by Commissioner Henning) J. Recommendation to approve selection committee rankings and enter into negotiations with AECOM USA, Inc., for a contract for Request for Proposal No. 13 -6010, "Public Utilities Master Plan," Project Number 70031. Approved — 510 Page 7 February 26, 2013 12. COUNTY ATTORNEY'S REPORT A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney- client session on TUESDAY, FEBRUARY 26, 2013. The session will be held at a time certain of 12:00 p.m., in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, 34112. In addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in closed executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in pending cases of. Jerry Blocker, et al. v. Collier County, Case No. 08- 9355 -CA, and Collier County v. Jerry Blocker, et al., Case No. 09- 1281 -CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. Closed Session B. 1 :00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of. Jerry Blocker, et al. v. Collier County, Case No. 08- 9355 -CA, and Collier County v. Jerry Blocker, et al., Case No. 09- 1281 -CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. Motion to approve and County Attorney to execute the settlement — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit Court regarding Audit Report 2012 -2, Collier County Airport Authority: Marco Island Executive Airport — Limited Scope: Marco Island Parallel Taxiway Expansion — FAA and FDOT Grant Funding. Presented B. This item to be heard immediately following Item #13A. Presentation by the Clerk of the Circuit Court regarding Audit Report 2012 -7, Parks and Recreation Immokalee Payroll. Presented Page S February 26, 2013 C. This item to be heard immediately following Item #1313. Presentation by the Clerk of the Circuit Court regarding Audit Report 2012 -8, Parks and Recreation Immokalee Sport Complex: Cash Counts: 2011 Fiscal Year End and 2012 Follow -Up. Presented 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Moved from Item #16G2 (Per Agenda Change Sheet) 1) Recommendation to direct the Airport Director to bring back in March a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner Henning) Approved — 3/2 (Commissioner Coyle and Commissioner Fiala opposed) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve a Resolution to extend the Immokalee Interim LDC Deviation provisions to a specific date. Resolution 2013 -58 — Adopted 5/0 2) Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Collier County Community Redevelopment Agency (CRA) approve the Local Governmental Agreement between The South Florida Water Management District and the CRA and approve all necessary budget amendments to recognize the revenue. Approved — 510 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Ochs — BCC Workshop March 5th at 1:00 pm B. Commissioner Fiala — LDC amendments and building design criteria C. Commissioner Fiala — Landscaping topic will need to be discussed D. Commissioner Nance — Regarding Item #16D11— Museum funding should include marketing heritage and culture in Collier County Page 9 February 26, 2013 E. Commissioner Nance — Costs associated with operations, maintenance and landscaping of the Gordon River Greenway need to be evaluated F. Commissioner Henning — Enjoyed his Immokalee visit G. Commissioner Henning — Procedure regarding Code Enforcement's anonymous complaints and phone calls H. Commissioner Hiller — Good relationships: surrender, trust and transparency I. Commissioner Hiller — The permit for dredging Clam Pass may be in place by the end of the week J. Commissioner Henning — Motion to adjourn — Consensus ------------------------------------------------------------------------------------------------------------ 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 — 510 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to waive competition in the best interest of the County and approve the hiring of Wilcox Appraisal Services for the appraisal of improved residential parcels required for the acquisition of right -of -way necessary for the four - laning of Golden Gate Boulevard east of Wilson Boulevard. (Project No. 60040) For 25 single family homes between Wilson Boulevard and Desoto Boulevard on Golden Gate Boulevard 2) Recommendation to approve a purchase agreement for acquisition of right -of -way required from Collier County Water -Sewer District for construction of capital improvements at the intersection of US41 and Collier Boulevard (Project No. 60116) Estimated Fiscal Impact: $180,200. For property at 6670 Collier Boulevard (SR951) 3) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Heritage Bay Unit Three, Application Number AR -PPL -9903 with the roadway and drainage Page 10 February 26, 2013 improvements being privately maintained; authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2013 -38 4) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Heritage Bay Phase 2A Application Number AR -PPL -8346 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2013 -39 5) Recommendation to award Bid No. 13 -6011 to Florida Marine Construction, Inc., in the amount of $728,578 for construction of the South Marco Beach Erosion Control Structures Project No. 80211. Includes rebuilding the five existing on -shore rock structures 6) Recommendation to award Bid No. 13 -6009 to Cavache, Inc., in the amount of $630,185 for the South Marco Beach Sand Renourishment Project No. 80211. For placement of 77,000 cubic yards of beach compatible sediment along Marco's southern shoreline with an additional 15,000 cubic yards possible relating to Tropical Storm Debbie 7) Recommendation to approve a Work Order to Atkins North America, Inc. to conduct Post - Tropical Storm Isaac physical beach monitoring of Collier County main beaches under Contract No. 09- 5262 -CZ for a lump sum amount of $59,800 and authorize the County Manager or his designee to execute the Work Order. For the Shoreline and volume change rates, beach profile evolution and identifying and quantifying areas of acute erosion 8) Recommendation to approve a Work Order for physical monitoring of Doctors Pass by Atkins North American, Inc. under Contract No. 09- 5262 -CZ for a lump sum amount of $22,012 and authorize the County Manager or his designee to execute the Work Order. For a bathymetric survey of Doctors Pass from the Gulf of Mexico to the interior channel of Moorings Bay Page 11 February 26, 2013 9) Recommendation to approve and authorize the Chairman to sign (1) a Landscaping Installation and Highway Maintenance Agreement ( "Agreement ") with Florida Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.; (2) a Resolution evidencing the Board approved and authorized the Chairman to sign the Agreement; and (3) Collier County Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and Country Club. Resolution 2013 -40 Continued to the March 12, 2013 BCC Meeting (Per Agenda Change Sheet) 10) Recommendation to approve Change Order 5 to Contract #09 -5278 in the amount of $350,000 and an additional 413 days (Phase I) with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to the US 41 and SR/CR 951 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway improvements to SR 951; Project #60116. 11) This item reguires that ex par-te diselosur-e be pro Commission membeFs. Should a hearing 16p 16,AA on this ite par - ^;.,ants are ed to he (Per Agenda Change Sheet) Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 30 -foot easements for public road right -of -way as recorded in Official Record Book 3537, Page 1017, Official Record Book 764, Page 1667 and Official Record Book 166, Page 752, of the Public Records of Collier County, Florida. Application No. AVESMT- PL20120002638. Resolution 2013 -41 12) Recommendation to accept a Speed Limit Study Report and adopt a Resolution authorizing raising the speed limit on County Line Road (CR 858) from Oil Well Road to Immokalee Road (CR 846) from 45 (forty -five) mph to 55 (fifty -five) mph at costs of approximately $400. Resolution 2013 -42 13) This item reguires that ex parte diselosure be pr-oy4ded-by Commission embers. Should a hearing be4k4d-on this item, -All, partieivants are reg- a -:rea- to -be sworn inr (Per Agenda Change Sheet) Recommendation to adopt a Resolution to hold a public Page 12 February 26, 2013 hearing to consider vacating a portion of a 15 -foot wide Drainage Easement, being a part of Lots 77 and 78, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102 of the Public Records of Collier County, Florida. Application No. VAC- PL20120002668. Resolution 2013 -43 14) This item has been continued from the February 12, 2013 BCC meeting. Recommendation to approve after the fact disposal of surplus property associated with the Gateway Triangle Stormwater Improvements Phase II, Contract #10 -5366, Project #51803. A $4,238.16 credit was given for unused pipe and spacer material 15) This item continued from the February 12, 2013 BCC Meeting. Recommendation to approve $350,000 in eligible costs for the FYI Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes tourism and approve necessary budget amendments. As detailed in the Executive Summary B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners approve a budget amendment to the Collier County Community Redevelopment Agency - Bayshore Gateway Triangle Fund (187) budget that reestablishes funding for post design engineering services for the Gateway Triangle Residential Area Tertiary Stormwater Project. The project remains underway and the amendment will allow for reestablishing the unexpended portion for the post- design services 2) Recommendation to award Invitation to Bid (ITB) #12-5966 — Carson Road Sidewalk Improvements to Quality Enterprises USA, Inc. in the amount of $134,395.77 and authorize the Chairwoman to execute the agreement. For a sidewalk on the west side of Carson Road from Lake Trafford Road to Westclox Street in Immokalee Page 13 February 26, 2013 3) Recommendation that the Collier County Board of County Commissioners (BCC) acting in its capacity as the Community Redevelopment Agency (CRA) approve the after - the -fact submittal of a Disaster Recovery Inititative (DRI) grant application to the Collier County Department of Housing, Human and Veteran Services (HHVS) seeking grant funding in the amount of $503,900 for the installation of sidewalks and drainage system improvements in the Immokalee Central Business District. For improvements including sidewalks on both sides of Colorado Avenue and drainage improvements along Colorado Avenue and South Fifth Streets to reduce flooding 4) Recommendation to provide approval of the submission of the a Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking additional grant funding in the amount of $83,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC) and authorize the Chairman of the CRA Board to execute a Subrecipient Agreement accepting the grant. For educational support that includes enhancing the entrepreneur school, providing technical assistance, workshops and training C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Agreement Number 12 -5972, Lime Sludge Hauling and Disposal, to Prolime Corporation. For proper disposal of a sludge byproduct from the water cleansing process Moved to Item #11J (During Agenda Changes) 2) Recommendation to approve selection committee rankings and enter into negotiations with AECOM USA, Inc., for a contract for Request for Proposal No. 13 -6010, "Public Utilities Master Plan," Project Number 70031. D. PUBLIC SERVICES DIVISION Page 14 February 26, 2013 1) Recommendation to approve one (1) satisfaction of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy. Located at 1961 Rookery Bay Drive 2) Recommendation to adopt the incentive strategies as recommended by the Affordable Housing Advisory Committee to be incorporated in the 2013 -2016 Local Housing Assistance Plan (LHAP) under the State Housing Initiatives Partnership (SHIP) Program to be approved by the Board at a future date. As detailed in the Executive Summary 3) Recommendation to approve two (2) satisfactions of mortgage for the repayment of loans awarded through the State Housing Initiatives Partnership "SHIP" Purchase Assistance program in the amount of $5,500. Located at 3311 Europa Drive and 284147 th Terrace SW 4) Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. Located at 4420 Botanical Place Circle 5) Recommendation to award Bid #13-5991 for Comcast Underground Conversion Gulfshore Drive to Cable Wiring Specialists Inc., in the amount of $347,535.46. 6) Recommendation to approve budget amendment recognizing recovery of County funds in connection with a claim involving a Collier Area Transit (CAT) bus shelter. For the replacement and reconstruction of the bus shelter damaged in an automobile accident 7) Recommendation to approve a Donation Agreement with Liebig Management, Inc. and to accept a Warranty Deed conveying 112 square feet, more or less (Miscellaneous Parcel # 99999- 264FEE) for the purpose of constructing public transportation improvements. Folio #70720400101 Page 15 February 26, 2013 8) Recommendation to approve an exhibition agreement with the Mennello Museum of American Art in Orlando, Florida, and approve a budget amendment recognizing and appropriating the resulting revenue. For 30 select works from the Rob Storter Art Collection that will be on exhibit May 1, 2013 thru January 6, 2014 in Orlando 9) Recommendation to authorize the Chairman to sign modified Memorandums of Understanding (MOUs) with The Southwest Florida Workforce Development Board, Inc. for delivery of the 21 st Century Community Learning Centers swimming skills and drowning prevention programs "Miracle Plus 1 and Miracle Plus 2 program." For elementary age children 10) Recommendation to reject Invitation to Bid (ITB) #12 -5962 Forest Lakes MSTU Sidewalk, Lighting & Landscape Beautification Project. 11) Recommendation to approve Change Order No. 2 to Contract #11 - 5725 Public Relations Assistance with Lou Hammond & Associates, Inc. for professional public relations and marketing services for the Collier County Museums for an annual amount of $30,000. 12) Recommendation to approve a Resolution consenting to the transfer of an Affordable Housing Multifamily Development known as Saddlebrook Village Apartments located on Davis Boulevard and approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement. Resolution 2013 -44 Adopted w /changes (Per Agenda Change Sheet) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004 -15 for the first quarter of FYI 3 . For a total of 84 closed claims and 45 closed subrogation claims Page 16 February 26, 2013 2) Recommendation to allow Emergency Medical Services (EMS) to purchase medications off contract #09 -5217 due to drug shortages and volatile pricing in the market and conduct a modified quote process. Due to the current contract expiring in June 2013 3) Recommendation to approve settlement of the negligence claim of Liz Pfunder in the amount of $19,000 (Claim #22- 02151201177). From a sewer backup claim that occurred on February 14, 2012 4) Recommendation to request proposals for purposes of analysis from East Naples Fire District and Marco Island Fire District for operational management of the Isles of Capri Fire District. F. COUNTY MANAGER OPERATIONS Continued to the March 12, 2013 BCC Meeting (Per Agenda Change Sheet) 1) Recommendation to authorize Amendment #2 for Contract #09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for additional two (2) year term; and authorize the Chairwoman to approve the amendment. 2) Recommendation to authorize staff to prepare and submit Declarations of Continued Use to maintain service mark registrations with the United States Patent & Trademark Office to preserve the County's tourism related advertising, logos, phrases and slogans. For the logos "Naples Marco Island Everglades Paradise Coast ", "Paradise Coast Blueway" and "Paradise Coast Blueway- the Collier County Paddling Trail" 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2013 -45 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. For critical computer equipment for the State Attorney's Office Page 17 February 26, 2013 5) Recommendation to approve Collier County Guiding Principles that apply to RESTORE Act funding and direct staff to coordinate a Selection Committee to review proposed projects. As detailed in the Executive Summary G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the Airport Authority's Executive Director to execute an amendment to the Common/Cargo/Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriff s Department to correct a scrivener's error. The correct fee is $1,497.03 per month Moved to Item #14A1 (Per Agenda Change Sheet) 2) Recommendation to direct the Airport Director to bring back in March a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner Henning) H. BOARD OF COUNTY COMMISSIONERS 1) This item continued from the February 12, 2013 BCC Meeting. Commissioner Hiller requests for board approval for payment to attend a function serving a Valid Public Purpose. The Commissioner attended The Beach Ball Gala - Children's Advocacy Center February 23, 2013. $100 to be paid from the Commissioner's travel budget. Located at 851 Gulf Shore Boulevard North, Naples 2) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Commissioner will attend the Laws of Life event February 27, 2013 at the Naples Hilton, Naples, Florida. $45 to be paid from the Commissioner's travel budget. Located at 5111 Tamiami Trail North, Naples 3) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended 2nd Annual Ave Maria University Scholarship Dinner Page 18 February 26, 2013 February 21, 2013. $107 to be paid from Commissioner Hiller's travel budget. Located at 2600 Tiburon Drive, Naples 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Twin Thoughts One Message Lunch February 15, 2013. The sum of $60 to be paid from Commissioner Fiala's travel budget. Located at 475 Seagate Drive, Naples 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Creating Timeless Travel Memories Event February 18, 2013. The sum of $25 to be paid from Commissioner Fiala's travel budget. Located at 707 Gulf Park Drive, Naples 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 12th Annual Men of Distinction Awards Celebration on February 7, 2013. The sum of $125 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North, Naples 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2013 Foundation for the Developmentally Disabled Gala & Auction on February 23, 2013. The sum of $50 to be paid from Commissioner Fiala's travel budget. Held at 625 111th Avenue North, Naples 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend Naples Players 60th Anniversary Celebration March 18, 2013. $100 to be paid from Commissioner Fiala's travel budget. Held at 7015 th Avenue South, Naples I. MISCELLANEOUS CORRESPONDENCE Page 19 February 26, 2013 J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 26, 2013 through February 1, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 2, 2013 through February 8, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of February 9, 2013 through February 13, 2013 and for submission into the official records of the Board. Added (Per Agenda Change Sheet) 4) To obtain Board approval for disbursements for the period of February 14, 2013 through February 20, 2013 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating same terms and conditions as the Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees and costs in the amount of $101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749 (US 41 Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact: $68,656.30). For a segment of the Lely Stormwater Improvement Project 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 Page 20 February 26, 2013 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 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 - PL20120002180, to disclaim, renounce and vacate the County and the Public interest in a portion of the unimproved Davila Street right -of -way, recorded in Official Record Book 144, pages 634 -635, Official Record Book 183, page 359, and that part of Davila Street as shown on the plat of Green Heron Acres, recorded in Plat Book 22, page 70 of the Public Records of Collier County, Florida, being a part of Section 35, Township 48 South, Range 26 East, Collier County, Florida, all being a part of the Buttonwood Preserve RPUD, being more specifically shown in Exhibit "A ". Resolution 2013 -46 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 approve Petition AVPLAT- PL20120002420, to disclaim, renounce and vacate County and public interest in a portion of the southerly 10 feet of an existing 20 -foot drainage easement located in Tracts D and E, Northbrooke Plaza, as recorded in Plat Book 31, Pages 65 through 66, of the Public Records of Collier County, Florida, located in Section 19, Township 48 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. Resolution 2013 -47 C. 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 adopt a Resolution to hold a public hearing to consider vacating a portion of a 12 -foot wide Drainage & Utility Easement, being a part of Lots 30 and 31, Block 217 of Golden Gate Unit 6, Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida. Application No. VAC- PL20120002673. Resolution 2013 -48 Page 21 February 26, 2013 D. 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- PL20120002591, to remove the County's interest in an existing Drainage Easement, being a part of Tract "A" of 3500 Corporate Plaza, Plat Book 44, pages 23 through 24 of the Public Records of Collier County, Florida, being a part of Section 18, Township 49 South, Range 26 East, Collier County Florida, more specifically shown in Exhibit A. Resolution 2013 -49 E. Recommendation to approve an r'fdina ee (Per Agenda Change Sheet) a Resolution establishing a Public Transit Advisory Committee. Resolution 2013 -50 F. Recommendation to adopt an amendment to Ordinance No. 2009 -23, "Regulation of Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in order to allow the Chairman of the Board of County Commissioners to declare a burning ban on behalf of the Board in absentia and also clarify certain provisions of the Ordinance. Ordinance 2013 -22 G. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2013 -51 H. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget in connection with the Clerk's Pay Plan Adjustments. Resolution 2013 -52 18. ADJOURN — Consensus INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 22 February 26, 2013