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Backup Documents 03/11/2014 Recap COLLIER 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 March 11, 2014 9:00 AM Tom Henning - BCC Chairman; BCC Commissioner, District 3 Tim Nance - BCC Vice-Chairman, District 5 Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Fred W. Coyle - BCC Commissioner, District 4; 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 2007-24, 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. Page 1 March 11, 2014 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 FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples Invocation Given 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Motion to approve the regular and consent agenda with the continuation of Item #9A and Item #9B to the April 8, 2014 BCC Meeting — Approved and/or Adopted w/changes — 3/2 (Commissioner Fiala and Commissioner Coyle opposed due to the continuation of Item #9A and #9B); Motion to approve the Summary Agenda - Adopted w/changes — 5/0 Page 2 March 11, 2014 B. February 11, 2014 - BCC/Regular Meeting Approved as presented — 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation recognizing March 13, 2014 as the Three Millionth Diaper Celebration for Baby Basics of Collier County. To be accepted by Jean Ann Lynch, Founder and Board President and Esther Daniel Gonzalez, Volunteer. Sponsored by the Board of County Commissioners. Adopted — 5/0 B. Proclamation designating March 15, 2014 as Save the Florida Panther Day in Collier County. To be accepted by Tom Trotta, President and Amber Crooks, Secretary, Friends of the Florida Panther Refuge; and Kevin Godsea, Project Leader, Florida Panther National Wildlife Refuge. Sponsored by Commissioner Nance. Adopted — 5/0 C. Proclamation to honor and celebrate Marco Island for being named the #1 island in the USA and the #4 island in the world by TripAdvisor - TRAVELERS' CHOICE Best Islands 2014. To be accepted by Larry Sacher Councilman, City of Marco Island; Sandi Reidman, Marco Island Chamber of Commerce; Rick Medwedeff, General Manager, Marco Island Marriott; and Jack Wert, Executive Director of the Naples, Marco Island, Everglades Convention and Visitors Bureau. Sponsored by Commissioner Fiala. Adopted — 5/0 D. Proclamation designating March 4-18, 2014 as Comcast Public-Private Partnership Weeks in Collier County in recognition of its technology program and donation assisting Collier County students. To be accepted by Justin Damiano, Government & Regulatory Affairs Comcast Cable and Joe Landon, Executive Director/Communications & Community Engagement, Collier County Public Schools. Sponsored by Commissioner Nance. Adopted — 5/0 E. Proclamation designating March 13-23, 2014 as the 38th Annual Collier County Fair and 4-H Show and Auction Days. To be accepted by Shannon Page 3 March 11, 2014 Hubbell and Charles Brown of the Collier County Fair Board; Tish Roland, Trisha Aldridge and Marie Morris of the 4-H Association of Collier County; and 4-H youth participants. Sponsored by Commissioner Nance. Adopted — 5/0 F. Proclamation designating March 2014 as Florida Bicycle Month in Collier County. To be accepted by Patrick Ruff, Jane Cheffy, Karen Walters, Joe Bonness and Alan Ryker, Naples Pathways Coalition; Andy Robinson, Naples Velo Cycling Club; and Stacy Revay, Collier Transportation Planning Project Manager. Sponsored by Commissioner Hiller. Adopted — 5/0 G. Proclamation designating March 16-22, 2014 as Sunshine Week in Collier County. To be accepted by Bob St. Cyr, Director of Community Outreach, Clerk of the Circuit Court, Collier County. Sponsored by Commissioner Henning. Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for March 2014 to Purely You Spa. To be accepted by Jennifer Alvarez, Owner and CEO. Presented B. Presentation of check from the Farm City Barbeque proceeds to the following youth program recipients: Collier County 4H Association, Youth Leadership CollierTM, Collier County Junior Deputy League and Collier County Key Clubs. To be presented by Sheriff Kevin Rambosk. Presented 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Fred Thomas — Asking for a waiver of$5000 for a Youth Center — Motion for staff to work with Mr. Thomas to get this item on a regular agenda — Approved — 4/1 (Commissioner Henning opposed) Page 4 March 11, 2014 Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the February 11, 2014 BCC meeting. Recommendation to consider approving the Bayshore/Thomasson Drive Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20120002382/CPSS-2013-1) [Companion to Petition PUDZA- PL20120002357, Agenda Item #9B] Continued to the April 8, 2014 BCC Meeting during Agenda Changes — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) B. This item has been continued from the February 11, 2014 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92+/- acres; and by providing an effective date. (PUDZA-PL20120002357) [Companion to Petition PL20120002382/CPSS- 2013-1, Agenda Item #9A1 Continued to the April 8, 2014 BCC Meeting during Agenda Changes — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) 10. BOARD OF COUNTY COMMISSIONERS Page 5 March 11, 2014 A. Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to rescind Ordinance 85-02 and to return with a new Ordinance establishing a funding source to fund seawall repair and/or replacements community wide. (Commissioner Henning) Motion to deny — Approved 5/0 11. COUNTY MANAGER'S REPORT Time Certain 10:45 a.m. (Per Agenda Change Sheet) A. Recommendation to accept the Conservation Collier ten year financial plan and recommendations for the Conservation Collier Program and to provide direction regarding sunset of the Conservation Collier Land Acquisition Advisory Committee (CCLAAC). (Steve Carvell, Public Services Administrator) Motion to continue the advisory committee for the purpose of managing preserve lands with meetings held as needed, county manager to research and evaluate the Gordon River Greenway parcel with recommendations brought back to the Board and county attorney to advertise an amendment to the ordinance — Approved 5/0; Motion requesting staff to cleanup and reconcile the PHU, get a clear baseline assumption, have a clear management plan and maintenance costs for the properties, with a clearer 10 year financial outlook— Approved 5/0 B. Recommendation to approve Change Order #5 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. for up to an additional $1.5 million in media and production billing at a negotiated gross rate of 10% agency commission and authorize the Chairman to execute the Change Order and make a finding that this expenditure promotes tourism. (Jack Wert, Tourism Director) Motion to approve — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) C. Recommendation to approve a contract with TKW Consulting Engineers, Inc., in an amount not to exceed $1,429,676 under Request for Proposal No. 13-6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project #73950. (Torn Chmelik, Planning and Project Management Director) Motion to approve — Approved 5/0 Page 6 March 11, 2014 Moved from Item #16D9 (Per Commissioner Nance during Agenda Changes) D. Recommendation to approve an after-the-fact submission of a Letter of Intent to the Florida Department of Veterans' Affairs, indicating Collier County's intention to submit a Site Selection Criteria application to be considered for the location for the State's planned seventh State Veterans' Home. Motion to approve — Approved 5/0 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K3 (Per Agenda Change Sheet) A. Recommendation that the Board of County Commissioners rescinds its direction that the County Attorney work with the Clerk to obtain an Attorney General Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following: (1) That the La Peninsula Condominium Association pays the County in advance for the estimated costs to be incurred; (2) That these funds be held in Trust for La Peninsula Condominium Association in a separate fund and not be considered public moneys; (3) That until there is a judicial decision on the bond validation proceeding, all expenditures in connection with this MSBU be made out of these private funds; (4) That if additional moneys are needed, they come from the same source and be deposited in the same account; and (5) That if, and only if, there is a judicial decision arising out of a bond validation proceeding which upholds the legality of the ordinance and the financing, then at that point the moneys previously paid could be reimbursed to the Condominium Association as part of the financing. Motion to continue to a future meeting — Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2013 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. Motion to accept the report as presented and staff to work with the Clerk's Office to develop a summary statement explaining debt service — Approved 5/0 14. AIRPORT AUTI-IORITY AND/OR COMMUNITY REDEVELOPMENT Page 7 March 11, 2014 AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule. B. Commissioner Hiller— Dogs in County Parks C. Commissioner Hiller— Staff to research and bring information to the April 22, 2014 BCC Meeting regarding possible dog park sites D. Commissioner Hiller— March 17, 2014 is St. Patrick's Day E. Commissioner Henning — Remarks regarding dog parks F. Commissioner Henning — Letter/e-mail to the County from HUD regarding H.O.M.E., John Barlow and that the county may have to payback the funds that wasn't given to the Clerk G. Commissioner Henning — Grant study regarding Climate Change H. Commissioner Henning — Study from Harvard regarding fluoride causing ADD (Attention Deficit Disorder) I. Commissioner Henning — Motion to Adjourn — Approved 4/0 (Commissioner Coyle absent) 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 — 3/2 (Commissioner Fiala and Commissioner Coyle opposed due to the continuation of Item #9A and # 9B) A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Cabreo at Mediterra, AR-11356, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Page 8 March 11, 2014 Developer's designated agent. A final inspection found the facilities to be satisfactory and acceptable 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$89,000 which was posted as a development guaranty for work associated with Maple Ridge at Ave Maria Phase 1 (PL20130000058). Construction Plans have been approved and the lots have all been cleared and stabilized 3) 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 for recording the final plat of Carrara at Talis Park, (Application Number PL20140000139) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter 4) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Heritage Bay Vistas Subdivision according to the plat thereof recorded in Plat Book 50, Pages 33 through 42, and authorizing the release of the maintenance security. Resolution 2014-48 5) Recommendation to recognize carryforward in the amount of $6,878.73 to the MPO Operating Fund (128) earned from the FY2012/13 Transportation Disadvantaged Planning Grant awarded by the Commission of the Transportation Disadvantaged (CTD) and received by the Collier Metropolitan Planning Organization (MPO) and authorize all necessary budget amendments. Contract #AQP39 Continued to the March 25, 2014 BCC Meeting (Per Agenda Change Sheet) 6) Recommendation to adopt a Resolution granting a design variance that authorizes a speed limit increase from forty-five miles per hour Page 9 March 11, 2014 (45 mph) to fifty miles per hour (50 mph) on Collier Boulevard from Davis Boulevard to US41. Continued to the April 8, 2014 BCC Meeting (Per Agenda Change Sheet) 7) Recommendation to approve the prioritization of five limerock roads for the purpose of limerock road conversion, from the Road Maintenance Limerock Road Conversion Program (LRCP), Project #60128, in FY2014. 8) Recommendation to approve a proposal from Atkins North America, Inc. dated February 24, 2014 to provide analysis of the effect of storm events and beach renourishment projects to the Collier County coastline from 2005 to present day under Contract #13-6164, authorize budget amendment, authorize the County Manager or his designee to execute the work order for a not to exceed amount of $14,103 (Task 1 only), and make a finding that this expenditure promotes tourism. Funding is available in Tourist Development Fund (195) reserves 9) Recommendation to award a construction contract to Quality Enterprises USA, Inc., for Request for Bid #08-5011 Northern Golden Gate Estates Culvert Installation Project, Project No. 60127 in the amount of$538,724.75. For installation of 42 equalizing culverts along the Everglades Blvd. corridor north and south of Oil Well Road (CR-858) within existing road right-of—way 10) Recommendation to approve a permit to conduct the annual Harvest Fest Carnival, on Friday, Saturday & Sunday March 28, 29 & 30, 2014 located at the Immokalee Airport, and to recommend waiver of the Surety Bond in the amount of$2,500 for the Harvest Fest Carnival. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners (BCC), as the Community Redevelopment Agency (CRA), approve the submittal of the attached Disaster Recovery Initiative (DRI) grant application to the Collier County Department of Housing, Human & Veterans Services (HIIVS), seeking grant funding Page 10 March 11, 2014 in the amount of$450,000 to support further implementation of the Immokalee Stormwater Master Plan. Plan consists of 6 distinct geographic regions or plans throughout the Immokalee Urban Designated Area: Downtown Immokalee, Immokalee Drive, Madison Creek Ditch, Fish Creek Re-shaping, Slough Cross Drain Additions and Lake Trafford Ditch Culvert upgrades C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve, execute and record Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Property located at 5238 Mitchell Street, Folio #62256560002 D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to execute the Agreement to Furnish Food Service between Collier County and the District School Board to sponsor and operate the 2014 Summer Food Service Program (SFSP) at designated recreation camps with unitized meals provided by the School Board and authorize all necessary budget amendments. (Fiscal Impact $1 17,917) 17,215 breakfast and 18,085 lunch meals anticipated being served 2) Recommendation to approve a Substantial Amendment to the Community Development Block Grant FY2013-2014 Action Plan and a Subrecipient Agreement in the amount of$321,138 with Community Assisted and Supportive Living, Inc. (CASL) to acquire multi-family housing for persons with disabilities. Amendment is required for the removal of the Salvation Army project and the re-allocation of funds to CASL 3) Recommendation to approve Amendment No. 2 to a memorandum of understanding between Housing, I-Iuman and Veteran Services and the Parks and Recreation Department; providing a time extension from March 1, 2014 to May 1, 2014 and incorporate program income requirements for the construction of the Immokalee South Park Community Center. Page 11 N9arch 11, 2014 4) Recommendation to approve Amendment No. 2 to the Subrecipient Agreement with Catholic Charities of Collier County, Diocese of Venice, Inc., providing a time extension from March 11, 2014 to August 31, 2014 for the FY 12 Emergency Solutions Grant. 5) Recommendation to approve the sale of North Collier Regional Park concessions inventory to the Board approved concessionaire NASA Holdings of Miami, Inc. and donate any remaining unpurchased inventory to a not for profit. Per the 13CC January 24, 2014 approval of RFP #13-6173 for outsourcing concessions 6) Recommendation to approve a Victims Advocacy Organization grant application for the FY 14 Adult Drug Court Discretionary Grant Program in the amount of$199,018.01 over two years from the U.S. Department of Justice, Bureau of Justice Assistance, and additional County grant management and fiscal agent support for the program and authorize staff to submit the application electronically. As detailed in the Executive Summary 7) Recommendation to approve Amendment #4 to the Developer Agreement with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 (NSP3), to reflect HUD NSP closeout guidelines. Allowing the on-going close-out activities to be performed past the March 11, 2014 expenditure deadline 8) Recommendation to approve an agreement in the amount of$250,000 with the Agency for Health Care Administration (AI and an agreement with Naples Community Hospital, Inc. (NCH) to participate in the Medicaid Low Income Pool Program, generating $21,250 in Federal matching funds that will provide additional health services for the citizens of Collier County. Moved to Item MD (Per Commissioner Nance during Agenda Changes) 9) Recommendation to approve an after-the-fact submission of a Letter of Intent to the Florida Department of Veterans' Affairs, indicating Collier County's intention to submit a Site Selection Criteria application to be considered for the location for the State's planned Page 12 March 11, 2014 seventh State Veterans' Home. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to extend Contract #09-5260 for janitorial services to ABM Janitorial Services — Southwest, LLC (ABM), through August 31, 2014 or until the Board awards a new contract (whichever is sooner); and, approve the necessary budget amendments for processing payments which support the protest. Allowing the Hearing Officer time to consider the appeal and make a final recommendation 2) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period of January 16, 2014 through February 13, 2014 3) Recommendation to approve the practice of providing an estimated project budget range in the construction project solicitation posting; and, whenever possible, to provide the average historical spend information on goods and services. Updating the Board on practices of other public agencies in Florida and to provide a standardization for construction solicitations 4) Recommendation to award Bid #13-6059R "Parts for Fleet Vehicles" to Uni-Select as the primary vendor with Sunbelt Automotive and The Parts House as secondary. For County equipment that ranges from landscape equipment to large fire apparatus 5) Recommendation to authorize the Chairman to sign a "Recommendation for Reappointment" of Dr. Marta U. Coburn as the District 20 Medical Examiner. The gubernatorial appointment term will expire on July 1, 2014 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Amendment #1 to Contract #13-6080 with Jack Rabbit Systems, Inc. to provide enhanced Book Direct consumer services by adding five new booking options, authorize the Page 13 March 11, 2014 Chairman to execute the Amendment, and make a finding that this expenditure promotes tourism. For five new enhancements: Special Offers & Packages Search Engine, Attractions & Events Search Engine, Restaurant Search Engine, Airline Search Engine and TrustYou Review Services 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. Resolution 2014-49 3) Recommendation to approve Tourist Development Council (TDC) Grant Application Forms for Category B and C-2 Grant Funding for FY 15 (October 1, 2014 - September 30, 2015), authorize the Tourism Director to work with a selection committee to review the grant applications prior to presentation to the TDC and make a finding that this item promotes tourism. Grant cycle began March 2014 4) Recommendation to approve a report covering a budget amendment impacting reserves and moving funds in an amount up to and including $20,000. Budget Amendment #14-279 for Domestic Animal Services Donations G. AIRPORT AUTHORITY 1) Recommendation to authorize the Chairman to execute the attached Resolution authorizing signature of Joint Participation Agreement (JPA) No. AR865 with the Florida Department of Transportation to accept an airport planning JPA offer in the amount of$44,000 to amend the Marco Shores Planned Unit Development (PUD) Project #33316, and to authorize associated budget amendments. Resolution 2014-50 H. BOARD OF COUNTY COMMISSIONERS 1) Appointment of member to the Ochopee Fire Control District Advisory Committee. Resolution 2014-51: Re-appointing McBeth Collins Page 14 March 11, 2014 2) Appointment of member to the Historical/Archaeological Preservation Board. Resolution 2014-52: Re-Appointing Elizabeth Perdichizzi 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on February 27, 2014. The sum of$25 to be paid from Commissioner Fiala's travel budget. Honoring Phil Lewis for his contribution to journalism in the community MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of February 20, 2014 through February 26, 2014 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of February 27, 2014 through March 5, 2014 and for submission into the official records of the Board. 3) Recommendation to provide acceptance of the Sheriffs Office awarded FY2013 COPS Hiring Program grant. To add four entry-level school resource officers K. COUNTY ATTORNEY 1) Recommendation to waive competition pursuant to Section Eleven B 5 of the Purchasing Ordinance and approve an expenditure of $7,000.00 for mediation services for the firm Gaylord, Merlin, Ludovici and Diaz to settle pending eminent domain litigation. (Project Nos. 60171 and 51 101) For the Tree Farm Road Project and Lely Area Stormwater Improvement Project 2) Recommendation to approve a Final Judgment for Parcel Nos. 135RDUE and 135SE in the amount of$71,100 in the lawsuit styled Page 15 March 11, 2014 Collier County v. Kaye Homes, Inc., et al., Case No. 10-2680-CA for the Collier Boulevard road improvement project. (Project No. 68056) (Fiscal Impact $27,670) 37,659 square feet condemned for a perpetual, non-exclusive, road right-of-way, drainage and utilities easement and 2,387 square feet for a slope easement owned by Pine Ridge Holdings, LLC Moved to Item #12A (Per Agenda Change Sheet) 3) Recommendation that the Board of County Commissioners rescinds its direction that the County Attorney work with the Clerk to obtain an Attorney General Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following: (1) That the La Peninsula Condominium Association pays the County in advance for the estimated costs to be incurred; (2) That these funds be held in Trust for La Peninsula Condominium Association in a separate fund and not be considered public moneys; (3) That until there is a judicial decision on the bond validation proceeding, all expenditures in connection with this MSBU be made out of these private funds; (4) That if additional moneys are needed, they come from the same source and be deposited in the same account; and (5) That if, and only if, there is a judicial decision arising out of a bond validation proceeding which upholds the legality of the ordinance and the financing, then at that point the moneys previously paid could be reimbursed to the Condominium Association as part of the financing. 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 13CC 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. Page 16 March 11, 2014 Adopted w/changes — 5/0 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project known as Temple Citrus Grove RPUD to allow development of up to 512 single family dwelling units and/or two-family and duplex dwelling units on property located between Airport-Pulling Road and Livingston Road in Sections 1 and 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 132.68+/- acres; and by providing an effective date. [PUDZ-PL20120002779] Ordinance 2014-10 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. The subject property is located on The Lord's Way on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County, Florida consisting of 30± acres; and by providing an effective date. (PUDZ-PL20130000827) Ordinance 2014-11 C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are Page 17 March 11, 2014 required to be sworn in. Recommendation to approve Petition VAC- PL20130002229, to disclaim, renounce and vacate the County and the public interest in a portion of the 40-foot drainage easement located in Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to replace the vacated drainage easement. Resolution 2014-53 Continued to the April 8, 2014 BCC Meeting (Per Agenda Change Sheet) D. Recommendation to adopt an Ordinance to be known as the Natural Gas Franchise Ordinance. E. Recommendation to adopt an amendment to Ordinance No. 1975-16, as amended, relating to the placement and presentation of matters on the official agenda. Ordinance 2014-12 18. ADJOURN — Motion to Adjourn — Approved 4/0 (Commissioner Coyle absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 March 11, 2014