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Agenda 02/26/2013 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority "11,1711 LJ 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 -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 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Reverend Jonathan Evans - First Presbyterian Church of Naples Pg. 1- 1 2. AGENDA AND MINUTES 2.A. Approval of today's regular agenda as amended. 2.B. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) 2.C. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) 2.D. January 22, 2013 - BCC /Regular Meeting 2.E. February 5, 2013 - BCC /Airport Authority Workshop 2.17. February 5, 2013 - BCC /Workshop on Meeting Schedules and Board Office Restructuring 3. SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 20 Year Attendees 3.A.1.a. Jim Riley, Road Maintenance Department Pg. 2 - 2 3.A.2. 25 Year Attendees 3.A.2.a. Judy Puig, Growth Management Pg. 3 - 3 Kevin Hendricks, Transportation Engineering Department William Craig, Water Department Valerie Thorsen, EMS 3.A.3. 30 Year Attendees 3.A.3.a. Gary Hamm, Road Maintenance Department Pg. 4 - 4 Gregorio Flores, Water Department 3.A.4. 35 Year Attendees 3.A.4.a. Jodi Walters, Solid Waste Department Pg. 5 - 5 4. PROCLAMATIONS 4.A. Proclamation designating March 10, 2013 as the Duane Billington Day of Pg. 6 - 7 Remembrance in Collier County in recognition of his contributions to the community. S. PRESENTATIONS S.A. Recommendation to recognize Melissa Hennig, Senior Environmental Specialist, Pg. 8 - 9 Parks and Recreation Department, as the Employee of the Month for February 2013. 6. PUBLIC PETITIONS 6.A. Public petition request from Richard Van Deelen requesting that the Board give Pg. 10 - 13 direction for an analysis of a Municipal Services Benefit Unit (MSBU) for the La Peninsula Condominium residents to replace the Sea Wall. 6.B. Public Petition request from Randall J. Cohen regarding practices and procedures. Pg. 14 - 16 6.C. Public Petition request from Pedro Jesus Romero - Menendez regarding matters Pg. 17 - 19 concerning Immokalee. 7. PUBLIC COMMENTS ON GENERAL TOPICS 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Appointment of member to the Collier County Planning Commission. Pg. 20 - 30 10.B. Appointment of member to the Airport Authority Advisory Board. Pg. 31- 40 10.C. Re- appointment of a member to the Conservation Collier Land Acquisition Advisory Pg. 41- 53 Committee. 10.D. Recommendation to re- advertise the vacancy on the Vanderbilt Beach Beautification Pg. 54 - 62 MSTU Advisory Committee. 10.E. This item to be heard at 10:30 a.m. Recommendation to adopt a Resolution in Pg. 63 - 75 support of the Second Amendment to the Constitution of the United States. (Commissioner Henning) 10.17. Recommendation that the Board of County Commissioners approves a Resolution Pg. 76 - 79 formally declaring its intent to not increase the Tourist Development Tax. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT 11.A. This item to be heard at 11:15 a.m. Recommendation to award Invitation to Bid (ITB) Pg. 80 - 208 13 -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 attached contract. (Barry Williams, Parks and Recreation Director) 11.B. This item to be heard at 3:00 p.m. Recommendation to approve the proposed Pg. 209 - 213 reallocation of current Tourist Development Tax funding to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment, to solicit recommendations from stakeholder groups prior to the Board's consideration of ordinance and /or policy changes, and to authorize Staff to draft documents for Board approval to implement said changes. (Jack Wert, Tourism Director) 11.C. Recommendation to approve recognition of additional, uncommitted FY 12 Carry Pg. 214 - 223 Forward up to $450,000 and all necessary budget amendments for additional destination marketing efforts and Tourism Department staff. (Jack Wert, Tourism Director) 11.D. Recommendation to award Bid No. 13 -6039 to Orion Marine Construction, Inc. in the Pg. 224 - 372 amount of $1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve neccessary budget amendment (Gary McAlpin, Coastal Zone Management) 11.E. Recommendation to approve the Atkins North America peer review of the Coastal Pg. 373 - 463 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) 11.17. Recommendation to accept staffs progress report for locating a potential All Terrain Pg. 464 - 474 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) 11.G. Recommendation to adopt the Fiscal Year 2014 Proposed Budget Policy. (Mark Pg. 475 - 504 Isackson, Corporate Finance and Management Services Director) 11.H. Recommendation to award bid number 13 -6026, "NCRWTP Membrane Replacement Pg. 505 - 673 and Inter -stage Booster Project," to Poole and Kent Company of Florida in the amount of $1,564,000, and to authorize a budget amendment in the amount of $300,000 for Project Number 71057. (Tom Chmelik, Planning & Project Management Director) 11.I. This item has been continued from the February 12, 2013 BCC meeting: Pg. 674 - 733 Recommendation to adopt a resolution authorizing the 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) 12. COUNTY ATTORNEY'S REPORT 12.A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant Pg. 734 - 735 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 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. 12.13. 1 :00 P.M. Time Certain Return from Closed Session. For the Board of County Pg. 736 - 747 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. 13. OTHER CONSTITUTIONAL OFFICERS 13.A. This item to be heard at 2 :00 p.m. Presentation by the Clerk of the Circuit Court Pg. 748 - 749 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. 13.13. This item to be heard immediately following Item 13A. Presentation by the Clerk of Pg. 750 - 751 the Circuit Court regarding audit report 2012 -7 Parks and Recreation Immokalee Payroll. 13.C. This item to be heard immediately following Item 13B. Presentation by the Clerk of Pg. 752 - 753 the Circuit Court regarding audit report 2012 -8 Parks and Recreation Immokalee Sport Complex: Cash Counts: 2011 Fiscal Year End and 2012 Follow -Up. 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.13. COMMUNITY REDEVELOPMENT AGENCY 14.13.1. Recommendation to approve a Resolution to extend the Immokalee Interim Pg. 754 - 765 LDC Deviation provisions to a specific date. 14.B.2. Recommendation that the Collier County Board of County Commissioners Pg. 766 - 784 (BCC) acting as the Collier County Community Redevelopment Agency (CRA) approve the attached Local Governmental Agreement between The South Florida Water Management District and the CRA and approve all necessary budget amendments to recognize the revenue. 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 waive competition in the best interest of the County and Pg. 785 - 817 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.) 16.A.2. Recommendation to approve a purchase agreement for the acquisition of Pg. 818 - 838 right -of -way required from the Collier County Water -Sewer District for the construction of capital improvements at the intersection of US 41 and Collier Boulevard. (Project No. 60116.) Estimated Fiscal Impact: $180,200. 16.A.3. Recommendation to grant final approval of the private roadway and Pg. 839 - 846 drainage improvements for the final plat of Heritage Bay Unit Three, Application Number AR -PPL -9903 with the roadway and drainage improvements being privately maintained; authorizing the release of the maintenance security and acceptance of the plat dedications. 16.A.4. Recommendation to grant final approval of the private roadway and Pg. 847 - 862 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. 16.A.5. Recommendation to award Bid No. 13 -6011 to Florida Marine Construction, Pg. 863 - 964 Inc, in the amount of $728,578 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211. 16.A.6. Recommendation to award Bid No. 13 -6009 to Cavache, Inc, in the amount of Pg. 965 - $630,185 for the South Marco Beach Sand Renourishment Project No. 80211. 1113 16.A.7. Recommendation to approve a Work Order to Atkins North America, Inc. to Pg. 1114 - conduct Post - Tropical Storm Isaac physical beach monitoring of Collier 1118 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. 16.A.8. Recommendation to approve a Work Order for the 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. 16.A.9. Recommendation to approve and authorize the Chairman to sign (1) a Landscaping Installation and Highway Maintenance Agreement ( "Agreement ") with the Florida Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.; (2) a Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement; and (3) Collier County Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and Country Club. 16.A.10. Recommendation to approve Change Order No. 5 to Contract # 09 -5278 in the amount of $350,000 and for 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 (311) roadway improvements to SR 951; project # 60116. 16.A.11. 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 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. Pg. 1119 - 1126 Pg. 1127- 1157 Pg. 1158 - 1186 Pg. 1187- 1201 16.A.12. Recommendation to accept a Speed Limit Study Report and adopt a Pg. 1202 - Resolution authorizing raising the speed limit on County Line Road (CR 1224 858) from Oil Well Road to Immokalee Road (CR 846) from 45 (forty-five) mph to 55 (fifty -five) mph at a cost of approximately $400. 16.A.13. This item requires that ex parte disclosure be provided by Commission Pg. 1225 - members. Should a hearing be held on this item, all participants are 1235 required to be sworn in. Recommendation to adopt a Resolution to hold a public 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. 16.A.14. This item has been continued from the February 12, 2013 BCC meeting. Pg. 1236 - Recommendation to approve after the fact disposal of surplus property 1258 associated with the Gateway Triangle Stormwater Improvements Phase II, Contract #10 -5366, Project #51803. 16.A.15. This item continued from the February 12, 2013 BCCMeeting. Pg. 1259 - Recommendation to approve $350,000 in eligible costs for the FY13 1277 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. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.13.1. Recommendation that the Board of County Commissioners approve a budget Pg. 1278 - amendment to the Collier County Community Redevelopment Agency - 1280 Bayshore Gateway Triangle Fund (187) budget that reestablishes funding for post design engineering services for the Gateway Triangle Residential Area Tertiary Stormwater Project. 16.13.2. Recommendation to award Invitation to Bid (ITB) #12 -5966 -Carson Road Pg. 1281 - Sidewalk Improvements to Quality Enterprises USA, Inc. in the amount of 1397 $134,395.77 and authorize the Chairwoman to execute the attached agreement. 16.13.3. Recommendation that the Collier County Board of County Commissioners Pg. 1398 - (BCC) acting in its capacity as the Community Redevelopment Agency (CRA) 1470 approve the after - the -fact submittal of the attached 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 16.B.4. Recommendation to provide approval of the submission of the attached Pg. 1471 - Community Development Block Grant (CDBG) Application to Collier County 1517 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. 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to award Agreement Number 12 -5972, Lime Sludge Pg. 1518 - Hauling and Disposal, to Prolime Corporation. 1576 16.C.2. Recommendation to approve selection committee rankings and enter into Pg. 1577 - negotiations with AECOM USA, Inc., for a contract for Request for Proposal 1617 No. 13 -6010, "Public Utilities Master Plan," Project Number 70031. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve one (1) satisfaction of mortgage for State Pg. 1618 - Housing Initiatives Partnership Program (SHIP) in accordance with the 1627 Board's Short Sale Policy. 16.D.2. Recommendation to adopt the incentive strategies as recommended by the Pg. 1628 - Affordable Housing Advisory Committee to be incorporated in the 2013- 1659 2016 Local Housing Assistance Plan (LHAP) under the State Housing Initiatives Partnership (SHIP) Program to be approved by the Board at a future date. 16.D.3. Recommendation to approve two (2) satisfactions of mortgage for the Pg. 1660 - repayment of loans awarded through the State Housing Initiatives 1673 Partnership "SHIP" Purchase Assistance program in the amount of $5,500. 16.D.4. Recommendation to approve one (1) release of lien for deferral of 100 Pg. 1674 - percent of Collier County impact fees for owner occupied affordable housing 1684 dwelling unit that has been repaid in full. 16.D.5. Recommendation to award Bid #13 -5991 for Comcast Underground Pg. 1685 - Conversion Gulfshore Drive to Cable Wiring Specialists Inc., in the amount of 1810 $347,535.46. 16.D.6. Recommendation to approve budget amendment recognizing recovery of Pg. 1811 - County funds in connection with a claim involving a Collier Area Transit 1813 (CAT) bus shelter. 16.D.7. Recommendation to approve a Donation Agreement with Liebig Pg. 1814 - Management, Inc. and to accept a Warranty Deed conveying 112 square feet, 1822 more or less (Miscellaneous Parcel # 99999- 264FEE) for the purpose of constructing public transportation improvements. 16.D.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. 16.D.9. Recommendation to authorize the Chairman to sign modified Memorandums of Understanding (MOUs) with The Southwest Florida Workforce Development Board, Inc. for the delivery of the 21st Century Community Learning Centers swimming skills and drowning prevention programs "Miracle Plus 1 and Miracle Plus 2 program." 16.D.10. Recommendation to reject Invitation to Bid (ITB) #12 -5962 Forest Lakes MSTU Sidewalk, Lighting & Landscape Beautification Project Pg. 1823 - 1832 Pg. 1833 - 1849 Pg. 1850 - 1852 16.D.11. Recommendation to approve Change Order No. 2 to contract 11 -5725 Public Pg. 1853 - Relations Assistance with Lou Hammond & Associates, Inc. for professional 1898 public relations and marketing services for the Collier County Museums for an annual amount of $30,000. 16.D.12. Recommendation to approve a Resolution consenting to the transfer of an Pg. 1899 - Affordable Housing Multifamily Development known as Saddlebrook 1976 Village Apartments located on Davis Boulevard and approving an Assignment and Assumption of the Affordable Housing Density Bonus Agreement. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.E.1. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 1977 - Subrogation Claims settled and /or closed by the Risk Management Director 2007 pursuant to Resolution # 2004 -15 for the first quarter of FY13. 16.E.2. Recommendation to allow Emergency Medical Services (EMS) to purchase Pg. 2008 - medications off contract #09 -5217 due to drug shortages and volatile pricing 2013 in the market and conduct a modified quote process. 16.E.3. Recommendation to approve settlement of the negligence claim of Liz Pg. 2014 - Pfunder in the amount of $19,000 (Claim #22- 02151201177). 2017 16.E.4. Recommendation to request proposals for purposes of analysis from East Pg. 2018 - Naples Fire District and Marco Island Fire District for operational 2020 management of the Isles of Capri Fire District. 16.F. COUNTY MANAGER OPERATIONS 16.17.1. Recommendation to authorize amendment #2 for contract 09 -5174 Pg. 2021 - Management of Pelican Bay Services to Dorrill Management Group to 2044 increase the 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. 16.F.2. Recommendation to authorize staff to prepare and submit Declarations of Pg. 2045 - Continued Use to maintain service mark registrations with the United States 2052 Patent & Trademark Office to preserve the County's tourism related advertising, logos, phrases and slogans. 16.F.3. Recommendation to adopt a resolution approving amendments Pg. 2053 - (appropriating grants, donations, contributions or insurance proceeds) to 2055 the Fiscal Year 2012 -13 Adopted Budget. 16.17.4. Recommendation to approve a report covering a budget amendment Pg. 2056 - impacting reserves in an amount up to and including $25,000 and budget 2058 amendment moving funds. 16.F.5. Recommendation to approve Collier County Guiding Principles that apply to Pg. 2059 - RESTORE Act funding and direct staff to coordinate a Selection Committee to 2095 review proposed projects. 16.G. AIRPORT AUTHORITY 16.G.1. Recommendation to approve and authorize the Airport Authority's Executive Pg. 2096 - Director to execute the attached Amendment to the 2104 Common /Cargo /Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriffs Department to correct a scrivener's error. 16.G.2. Recommendation to direct the Airport Director to bring back in March a plan Pg. 2104 - to reduce or eliminate the Annual Fund transfer and to pay back the County 2107 loan. (Commissioner Henning) 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. This item continued from the February 12, 2013 BCCMeeting. Commissioner Pg. 2108 - Hiller requests for board approval for payment to attend a function serving a 2110 Valid Public Purpose. The Commissioner attended The Beach Ball Gala - Children's Advocacy Center on February 23, 2013. $100 to be paid from the Commissioner's travel budget. 16.H.2. Commissioner Hiller requests Board approval for reimbursement regarding Pg. 2111 - attendance at a function serving a Valid Public Purpose. The Commissioner 2113 will attend the event Laws of Life on February 27, 2013 at the Hilton of Naples, Florida. $45 to be paid from the Commissioner's travel budget. 16.1-1.3. Commissioner Hiller requests Board approval for reimbursement regarding Pg. 2114 - attendance at a function serving a Valid Public Purpose. Attended the 2nd 2116 Annual Ave Maria University Scholarship Dinner on February 21, 2013. $107 to be paid from Commissioner Hiller's travel budget. 16.H.4. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2117 - attendance at a function serving a Valid Public Purpose. Attended the Twin 2119 Thoughts One Message Luncheon on February 15, 2013. The sum of $60 to be paid from Commissioner Fiala's travel budget. 16.H.5. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2120 - attendance at a function serving a Valid Public Purpose. Attended the 2122 Creating Timeless Travel Memories Event on February 18, 2013. The sum of $25 to be paid from Commissioner Fiala's travel budget. 16.H.6. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2123 - attendance at a function serving a Valid Public Purpose. Attended the 12th 2125 Annual Men of Distinction Awards Celebration on February 7, 2013. The sum of $125 to be paid from Commissioner Fiala's travel budget. 16.H.7. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2126 - attendance at a function serving a Valid Public Purpose. Attended the 2013 2128 Foundation for the Developmentally Disabled Gala & Auction on February 23, 2013. The sum of $50 to be paid from Commissioner Fiala's travel budget. 16.H.8. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2129 - attendance at a function serving a Valid Public Purpose. Will attend the 2131 Naples Players 60th Anniversary Celebration on March 18, 2013. The sum of $100 to be paid from Commissioner Fiala's travel budget. 16.I. MISCELLANEOUS CORRESPONDENCE 16.1. OTHER CONSTITUTIONAL OFFICERS 16.J.1. To obtain Board approval for disbursements for the period of January 26, Pg. 2132 - 2013 through February 1, 2013 and for submission into the official records of 2146 the Board. 16.J.2. To obtain Board approval for disbursements for the period of February 2, Pg. 2147 - 2013 through February 8, 2013 and for submission into the official records of 2160 the Board. 16.J.3. To obtain Board approval for disbursements for the period of February 9, Pg. 2161- 2013 through February 13, 2013 and for submission into the official records 2174 of the Board. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement 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). 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. 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 Pg. 2175- 2179 Pg. 2180- 2190 18. more specifically shown in Exhibit "A ". 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 approve Petition AVPLAT- PL20120002420, to disclaim, renounce and vacate the County and the 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. 17.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. 17.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. Pg. 2191- 2204 Pg. 2205- 2215 Pg. 2216- 2228 17.E. Recommendation to approve an Ordinance establishing a Public Transit Advisory Pg. 2229 - Committee. 2235 17.17. Recommendation to adopt an amendment to Ordinance No. 2009 -23, "Regulation of Pg. 2236 - Outdoor Burning and Incendiary Devices during Drought Conditions Ordinance," in 2253 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. 17.G. Recommendation to adopt a resolution approving amendments (appropriating Pg. 2254 - carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 2257 Adopted Budget. 17.H. Recommendation to adopt a resolution approving amendments (appropriating Pg. 2258 - carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 2260 Adopted Budget in connection with the Clerk's Pay Plan Adjustments. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.