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Agenda 09/25/2012 Agenda Index COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority A r .�, AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 September 25,2012 9:00 AM Fred W.Coyle -BCC Chairman; Commissioner, District 4 Jim Coletta- BCC Vice-Chairman; Commissioner,District 5; CRAB Vice-Chairman Donna Fiala- BCC Commissioner,District 1; CRAB Chairman Georgia Hiller-BCC Commissioner,District 2 Tom Henning-BCC Commissioner,District 3 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 A. Father Philemon Patitsas-St.Katherine Greek Orthodox Church 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.) B. August 24,2012-BCC/Emergency Meeting(Tropical Storm Isaac) C. September 6,2012 -BCC/Budget Hearing 3. SERVICE AWARDS A. EMPLOYEE 1. 20 Year Attendees a. Timothy Stick,Building Review&Permitting Pg.1- 1 2. 25 Year Attendees a. David Streit,Water Pg.2-2 Assk 4. PROCLAMATIONS A. Proclamation congratulating Collier County Emergency Medical Services for Pg.3-4 receiving accreditation from the Commission on Accreditation of Ambulance Services (CAAS)for its compliance with national standards of excellence.To be accepted by Robert Tober,M.D.Sponsored by Commissioner Coyle. B. Proclamation designating October 2,2012 as Livestrong Day in Collier County.To be Pg.5-6 accepted by Jennifer Sam,Southwest Florida Livestrong Leader.Sponsored by Commissioner Coletta. C. Proclamation recognizing and congratulating Arthrex,Inc,on receiving the WRAP Pg.7-8 award for its continued efforts to promote waste reduction,reuse,recycling and environmental awareness.To be accepted by Michael Dock,CSP,EHS Manager and Rick Novak,Machine Operator and Green Team Leader.Sponsored by the Board of County Commissioners. 5. PRESENTATIONS A. Recommendation to recognize Nancy Frye,Technician,Traffic Engineering Pg.9-11 Department,as the Employee of the Month for August 2012. 6. PUBLIC PETITIONS 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. A. This item has been continued from the June 18,2012 BCC Meeting,then again from the Pg.12-468 September 11,2012 BCC Meeting. Recommendation of Reconsideration of CP-2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map,to make revisions to the entire Master Plan to include:increases to commercial acreage,industrial acreage,and allowable residential density;elimination of some existing designations;creation of a new designation for the Immokalee Regional Airport site;and,re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map.Additionally,the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention,and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. B. Recommendation to consider the following Land Development Code Amendments: Pg.469-691 (Bayshore Triangle CRA Amendments and Wellfield and related Amendments will be heard at 5:05 p.m.time certain)An Ordinance of the Board of County Commissioners of Collier County,Florida,amending Ordinance number 04-41,as amended,the Collier County Land Development Code,which includes the comprehensive land regulations for the unincorporated area of Collier County,Florida,by providing for: Section One,Recitals;Section Two,Findings of Fact;Section Three,Adoption of Amendments to the Land Development Code,more specifically amending the following:Chapter 1-General Provisions,including Section 1.08.02 Definitions; Chapter 2-Zoning Districts and Uses,including Section 2.03.01 Agricultural Zoning Districts,Section 2.03.08 Rural Fringe Zoning Districts;Chapter Three-Resource Protection,including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation,Section 3.05.05 Criteria for Removal of Protected Vegetation,Section 3.05.07 Preservation Standards,Section 3.06.06 Regulated Wellfields,Section 3.06.07 Unregulated Wellfields,Section 3.06.12 Regulated Development;Chapter Four-Site Design and Development Standards,including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design,Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts,Section 4.05.02 Design Standards,Section 4.05.04 Parking Space Requirements,Section 4.06.02 Buffer Requirements,Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way,Section 4.06.04 Trees and Vegetation Protection,Section 4.07.02 Design Requirements;Chapter Five-Supplemental Standards,including Section 5.03.02 Fences and Walls,Section 5.06.02 Development Standards for Signs within Residential Districts,Section 5.06.03 Development Standards for Signs for Institutional Uses,Section 5.06.04 Development Standards for Signs in Nonresidential Districts,Section 5.06.05 Exemptions from these Regulations;Chapter Six-Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally,Section 6.02.03 Transportation Level of Service Requirements,Section 6.06.01 Street System Requirements,Section 6.06.02 Sidewalks,Bike Lane and Pathway Requirements;Chapter Nine-Variations from Code Requirements,including Section 9.03.02 Requirements of Continuation of Nonconformities,Section 9.04.02 Types of Variances Authorized;Chapter Ten- Application,Review,and Decision-making Procedures,including Section 10.01.02 Development Orders Required,Section 10.02.03 Submittal Requirements for Site Development Plans,Section 10.02.05 Submittal Requirements for Improvements Plans,Section 10.02.06 Submittal Requirements for Permits,Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy,Section 10.02.13 Planned Unit Development(PUD) Procedures,Section 10.03.05 Notice Requirements for Public Hearings Before the BCC,The Planning Commission,the Board of Zoning Appeals,the EAC,and the Historic Preservation Board,Section 10.08.00 Conditional Uses Procedures;Appendix A-Standard Performance Security Documents for Required Improvements;Section Four,Conflict and Severability;Section Five, Inclusion in the Collier County Land Development Code;and Section Six,Effective Date.And An Ordinance of the Board of County Commissioners of Collier County, Florida,amending Ordinance number 04-41,as amended,the Collier County Land Development Code,which includes the comprehensive land regulations for the unincorporated area of Collier County,Florida,by providing for:Section One, Recitals;Section Two,Findings of Fact;Section Three,Adoption of Amendments to the Land Development Code,more specifically amending the following:Chapter 1- General Provisions,including Section 1.08.02 Definitions;Chapter 2-Zoning Districts and Uses,including Section 2.03.07 Overlay Zoning Districts;Chapter Four- Site Design and Development Standards,including Section 4.02.16 Design Standards for Development in the BMUD-Neighborhood Commercial Subdistrict,Section 4.02.17 Design Standards for Development in the BMUD-Waterfront Subdistrict,Section 4.02.18 Design Standards for Development in the BMUD-Residential Subdistrict(R1), Section 4.02.19 Design Standards for Development in the BMUD-Residential Subdistrict(R2),Section 4.02.20 Design Standards for Development in the BMUD- Residential Subdistrict(R3),Section 4.02.21 Design Standards for Development in the BMUD-Residential Subdistrict(R4),Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict(MXD),Section 4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict(R);Chapter Ten- Application,Review,and Decision-making Procedures,including,Adding Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area;Section Four,Conflict and Severability;Section Five,Inclusion in the Collier County Land Development Code;and Section Six,Effective Date. 10. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration by Commissioner Hiller of Item 14A1 from the Pg.692-695 September 11,2012 BCC Meeting titled: Recommendation to approve an after-the fact acceptance of a Federal Aviation Administration(FAA)grant offer of$713,565 for design,permitting and bidding of Runway#9-27 pavement restoration at the Immokalee Regional Airport,and associated budget amendments. B. Request for reconsideration by Commissioner Henning of Item 9A from the Pg.696-698 September 11,2012 BCC Meeting titled:Recommendation of Reconsideration of CP- 2008-5,Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map,to make revisions to the entire Master Plan to include:increases to commercial acreage,industrial acreage,and allowable residential density;elimination of some existing designations;creation of a new designation for the Immokalee Regional Airport site;and,re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map.Additionally,the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention,and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. (This item was continued from the September 11,2012 BCC Meeting and appears on this agenda as Item 9A) C. Appointment of members to the Immokalee Beautification MSTU Advisory Pg.699-710 Committee. D. Appointment of members to the Affordable Housing Advisory Committee. Pg.711-728 E. Appointment of member to the Collier County Planning Commission. Pg.729-743 F. Appointment of member to the Environmental Advisory Council. Pg.744-756 G. Appointment of two Board of County Commissioners to the Value Adjustment Board, Pg.757-757 with one Commissioner to act as Chairman.The remaining Commissioners to serve as alternates. H. Recommendation to appoint a County Commissioner to serve on the Southwest Pg.758-760 Florida Regional Planning Council. I. To give the Board of County Commissioners an update on the RESTORE Act meeting Pg.761-767 held on September 19,2012-Commissioner Fiala. J. The annual performance appraisal of the Executive Manager to the Board of County Pg.768-833 Commissioners. 11. COUNTY MANAGER'S REPORT A. Recommendation to award Agreement No.12-5901 for Construction Engineering and Pg.834-895 Inspection(CEI)and Related Services for US 41&SR/CR 951 Intersection Improvements and SR951 (Collier Boulevard) 3R Improvements";to Atkins,North America,Inc.:Project No.60116,Fiscal Impact$1,748,086.25. (Marlene Messam, Growth Management Sr.Project Manager) B. Recommendation to award a construction contract in the amount of$1,381,990.36 to Pg.896-1509 Bonness,Inc and reserve 10%($138,199.04) on the purchase order for contingency, for a total of $1,520,189.40 for ITB No.12-5946-"LASIP-Outfalls 3 and 4 Canals Stormwater Improvements;Project No.51101.(Jay Ahmad,Transportation Engineering Director) C. This item to be heard at 10:00 a.m. Recommendation to approve an Emergency Truck Pg.1510- Haul beach renourishment for a portion of the Vanderbilt and Naples beaches; 1518 approve a six year design and permitting plan for the FY2013/14 Vanderbilt,Park Shore and Naples beach renourishment;and direct the County Manager or designee to review the scope of the Marco Island beach re-nourishment and discuss options with the Coastal Advisory Committee(CAC),Tourist Development Council(TDC)and Marco Island with respect to a commensurate level of renourishment consistent with county wide funding reductions.(Bill Lorenz,Growth Management Comprehensive Planning Director) D. This is a quasi judicial hearing.This item requires that ex parte disclosure be Pg.1519- provided by Commission members and all participants are required to be sworn in. 1598 Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County.(Dan Summers,Bureau of Emergency Services) E. Recommendation to approve the Site Improvement Plan and authorize the Chair to Pg.1599- sign the Compliance Agreement for Star Mobile Home Park located at 1507 1606 Immokalee Drive,Immokalee,Florida. (Diane Flagg,Code Enforcement Director) F. Recommendation to approve the purchase of Group Dental Insurance through Cigna Pg.1607- Dental Plan,Inc.for a two year period effective January 1,2013 in an estimated 1612 annual premium of$1,626,697,a reduction of$103,824.(Jeff Walker,Risk Management Director) G. Recommendation to approve the purchase of Liability,Automobile,Workers' Pg.1613- Compensation,Flood,Aircraft,Airport and other insurance coverage and services for 1622 FY 2013 in the annual amount of$1,325,228,a reduction of$37,923.(Jeff Walker, Risk Management Director) H. Recommendation to complete the Annual Performance Appraisal for the County Pg.1623- Manager. (Leo E.Ochs,Jr.,County Manager) 1684 Recommendation that the Board of County Commissioners indicates its intent to Pg.1685- extend the County Manager Employment Agreement with Leo E.Ochs,Jr.,fixing the 1697 end date of the first extension term as September 30,2015,and amending the Agreement to comport with Ch.2011-143,Florida Statutes. (Leo E.Ochs,Jr.,County Manager) 12. COUNTY ATTORNEY'S REPORT A. 11:30 a.m. Time Certain. This item to be heard immediately preceding the Closed Pg.1698- Attorney-Client Session.That the Board consider a Settlement Agreement in the 1735 lawsuits entitled,Francis D.Hussey,Jr.,et al.v.Collier County,et al.,Second District Court of Appeal Case No.2D11-1224;and Sean Hussey,et al.v.Collier County,et al., Second District Court of Appeal Case No.2D11-1223.,and authorize the Chairman to execute the Settlement Agreement. B. 12:00 Noon, Time Certain Notice of Closed Session.Notice is hereby given that, Pg.1736- pursuant to Section 286.011(8),Fla.Stat.,the County Attorney desires advice from 1737 the Board of County Commissioners in closed attorney-client session on TUESDAY, SEPTEMBER 25,2012.The session will be held at a time certain of 12:00 noon,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.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:Francis D.Hussey,Jr.,et al.v.Collier County,et al.,Second District Court of Appeal Case No.2D11-1224;Sean Hussey,et al.v.Collier County,et al.,Second District Court of Appeal Case No.2D11-1223. C. 1:00 P.M. Time Certain Return from Closed Session.For the Board of County Pg.1738- Commissioners to provide direction to the County Attorney regarding settlement 1738 negotiations and litigation expenditures in the pending cases of:Francis D.Hussey, Jr.,et al.v.Collier County,et al.,Second District Court of Appeal Case No.2D11-1224; Sean Hussey,et al.v.Collier County,et al.,Second District Court of Appeal Case No. 2D11-1223. D. The Annual Performance Appraisal for the County Attorney. Pg.1739- 1795 E. Recommendation that the Board of County Commissioners reviews and approves the Pg.1796- proposed FY2012-2013 Action Plan for Jeffrey A.Klatzkow,County Attorney. 1800 F. Recommendation that the Board of County Commissioners indicates its intent to Pg.1801- extend the County Attorney Employment Agreement with Jeffrey A.Klatzkow,fixing 1816 the end date of the second extension term as September 30,2015,and amending the Agreement to comport with Ch.2011-143,Florida Statutes. 13. OTHER CONSTITUTIONAL OFFICERS A. This item continued from the July 24,2012 BCC Meeting. Recommendation to approve Pg.1817- and authorize the Chairman to sign an Agreement Authorizing the Collier County 1839 Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Valencia Lakes Subdivision. B. Recommendation to discuss Item 11E from the Board's September 11,2012 agenda Pg.1840- regarding"Wastewater Basin Program"contracts. 1841 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1. Recommendation to approve the Selection Committee rankings for RFP 12- Pg.1842- 5885 for Engineering Consulting Services for the Design,Permitting and Bid of 2103 Immokalee Regional Airport and Marco Island Executive Airport Runway Rehabilitation and direct staff to bring a negotiated contract to the Board for subsequent approval. B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item.If discussion is desired by a member of the Board,that item(s)will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve Change Order No.4 to Contract#09-5278 for an Pg.2104- &' additional 942 days with Stanley Consultants,Inc.,for Design&Related 2110 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;Fiscal Impact$0.00. 2. Recommendation to approve an Adopt-A-Road Program Agreement for Pg.2111- Devonshire Boulevard from Santa Barbara Boulevard to Radio Road for the 2118 volunteer group,The Peppe Fox Partners. 3. Recommendation to approve the release of lien in the amount of$3,612.29 for Pg.2119- payment of$562.29,in the Code Enforcement Action entitled Board of County 2122 Commissioners vs.Palmira Munoz,Code Enforcement Case Number CESD20100018348,relating to property located at 2051 44th Terrace SW, Collier County,Florida. 4. Recommendation to authorize a budget amendment to recognize revenue for Pg.2123- projects within the Transportation Supported Gas Tax Fund(313)in the 2125 amount of$74,159.20 and to authorize a refund of$11,272.35 from the Countywide Pathways fund. 5. Recommendation to grant final approval of the private roadway and drainage Pg.2126- improvements for the final plat of Valencia Lakes-Phase 4-A,PPL-AR3124 2137 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 6. This item requires that ex parte disclosure be provided by Commission Pg.2138- members.Should a hearing be held on this item,all participants are required to 2144 be sworn in.Recommendation to approve for recording the final plat of Piacere -Pavia,Tract FD2 Replat,Application Number PL20120001564. 7. Recommendation to accept a schedule to review past staff clarifications of the Pg.2145- Land Development Code(LDC)and to accept specific Staff Clarifications 2157 attached to this Executive Summary. 8. Recommendation to declare Fisher Scientific a sole source vendor and request Pg.2158- for authorization to purchase a Dionex Ion Chromatogram Capillary System in 2169 the amount of$58,270.53 for the Natural Resources Department. 9. Recommendation to ratify the County Manager's determination of the existence Pg.2170- of a local shoreline emergency at the Pelican Bay southern beach facility in the 2175 vicinity of FDEP monument R-41 and to allow temporary emergency mitigation and repair activities without requiring a Florida Department of Environmental Protection permit. B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve Contract No.12-5863 between the Collier County Pg.2176- Community Redevelopment Agency(CRA)and URS to perform Construction 2220 Engineering Inspection(CEI)Services for the Immokalee Downtown Stormwater Improvements Project(Fiscal Impact$67,950). 2. Recommendation for the Community Redevelopment Agency(CRA)to approve Pg.2221- and execute a Lease Agreement with Smith Plastering,Inc,permitting them to 2243 operate a local,owner operated business on CRA owned property located at 1991 Tamiami Trail East,in the Gateway Mini-Triangle. 3. Recommendation for the Community Redevelopment Agency(CRA)to approve Pg.2244- and execute a Site Improvement Grant Agreement that is financially assisted by 2258 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.($2,443.41) 4. Recommendation for the Community Redevelopment Agency(CRA)to approve Pg.2259- and execute a Site Improvement Grant Agreement that is financially assisted by 2276 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.($853.37) C. PUBLIC UTILITIES DIVISION 1. Recommendation to approve a time and materials contract with Agnoli Barber Pg.2277- &Brundage in the not-to-exceed amount of$243,631 for Request for Proposal 2356 No.12-5883,"Master Pumping Station 312 Professional Services During Construction,"Project Number 72549. 2. Recommendation to approve the annual rate resolution to establish the fees, Pg.2357- rates,and charges for the use of Collier County Solid Waste Facilities,including 2378 landfill tipping fees,recycling drop-off center fees,and residential multi-family and commercial waste collection fees for FY13.This resolution adopts the rates that fund the FY13 Budget for solid waste collection and disposal. 3. Recommendation to approve a contract with Johnson Engineering,Inc.,in the Pg.2379- not-to-exceed amount of$234,470 for Request for Proposal No.12-5919, 2456 "Utility Design Engineering Services-U.S.41 from C.R.951 to Greenway Road," Project Numbers 70045 and 73045. D. PUBLIC SERVICES DIVISION 1. Recommendation to recognize the transfer of responsibilities as Lead Agency Pg.2457- from Collier County Housing,Human and Veteran Services(HHVS)to Collier 2463 County Hunger and Homeless Coalition(HHC)as they are designated the Collaborative Applicant/Lead Agency for the purposes of submitting Continuum of Care grant applications to the U.S.Department of Housing and Urban Development. 2. Recommendation to authorize the Chairman to sign Agreement No.12-5944, Pg.2464- Child Advocacy Agreement for Mandated Services with the Collier County Child 2478 Advocacy Council,Inc.,to provide for mandated services identified under Florida Statute 39.304(5).The agreement will have a fiscal impact of$70,000. 3. Recommendation to accept Library Services and Technology Act(LSTA)Grant Pg.2479- "Collier Connects"funds in the amount of$27,154;a partial match contribution 2517 from Friends of the Library in the amount of$3,800;approve balance of local match from the Libraries General Fund(001)in the amount of$11,373, approve E-Government Policy and Library partnership with Access Florida. 4. Recommendation to approve and execute the attached five-year Joint Pg.2518- Participation Agreement(JPA)with Florida Department of Transportation in 2544 the amount of$1,776,556 under State Transit Block Grant Program Contract Number AQQ16 providing for State funding for eligible Collier County public fixed-route transit administrative,management and operational expenses in the amount of$888,278 as well as a FY2012/2013 local match in the amount of $888,278. 5. Recommendation to accept the Conservation Collier Annual Report. Pg.2545- 2579 6. Recommendation to approve and authorize the Chairman to execute a Pg.2580- Resolution repealing Resolution No.2009-296 and a Resolution establishing a 2586 revised Collier County Public Library Fees and Fines Schedule. 7. Recommendation to award Bid No.12-5900 to Quality Enterprises USA,Inc.,in Pg.2587- the amount of$594,692.86 for the construction contract of the Bayview Park 2692 Phase II&III Project No.80060 authorize budget amendments totaling $369,355.83 and authorize the Chairman to sign the County Attorney approved Contract. 8. Recommendation to approve the award of Contract#12-5868 in the amount of Pg.2693- $359,745 and authorize the Chairman to execute an agreement with Q.Grady 2742 Minor and Associates,P.A.,for"On-Call Construction Engineering and Inspections(CEI)and Related Services"for the Gordon River Greenway Park, Goodlette-Frank and Golden Gate Parkway,Project Number 80065. 9. Recommendation to comply with a Housing and Urban Development(HUD) Pg.2743- payback disbursement directive of federal funds in the amount of$500,000 for 2770 a Community Development Block Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget amendments. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve an Amendment to Antenna Site Agreement with Pg.2771- SBA Towers II,LLC,related to the communications tower Agreement for the 2786 County's SafePoint Location System,a component of the County's 800 MHz public safety radio network,at a first year's estimated utility cost of$540. 2. Recommendation to approve a budget amendment in the amount of$2,890,000 Pg.2787- from Fund 517,Group Health and Life Insurance Reserves,to pay anticipated 2789 claims expenses for the remainder of FY 2012. 3. Recommendation to approve and authorize the Chairman to sign the Pg.2790- Assumption Agreement from Road Safe Traffic Systems,Inc.to McShea 2794 Contracting,LLC as it relates to Contract#10-5410"Roadway Paint, Thermoplastic Markings and Raised Markers". 4. Recommendation to approve an amendment to the Agreement for Medical Pg.2795- Examiner Services which will extend the term of the Agreement to September 2810 30,2013,and amends the operating cost as well as costs relating to Information Technology and General,Property,and Liability insurances for FY2013. F. COUNTY MANAGER OPERATIONS 1. Recommendation to acknowledge receipt of the Workforce Services Plan,as Pg.2811- submitted by the Southwest Florida Workforce Development Board,Inc. 3052 2. Recommendation to adopt a resolution approving amendments(appropriating Pg.3053- grants,donations,contributions or insurance proceeds)to the Fiscal Year 3056 2011-12 Adopted Budget. 3. Recommendation to approve,and authorize the Chairman to sign,a one-year Pg.3057- extension to the Memorandum of Understanding between the Collier County 3064 Board of County Commissioners and the Early Learning Coalition of Southwest Florida,Inc.,to provide funding in the amount of$75,000 in Fiscal Year 2013. Ask G. AIRPORT AUTHORITY 1. Recommendation to approve a License Agreement with United Circus Pg.3065- Operating Co.,Inc.d/b/a The Kings Bros Circus at the Immokalee Airport for a 3071 one(1)day circus event. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding Pg.3072- attendance at a function serving a Valid Public Purpose.Attended the East 3074 Naples Merchants'Association cocktail party on September 15,2012.The sum of$20 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous correspondence to file with action as directed.Document(s) Pg.3075- have been routed to all Commissioners and are available for review in the BCC 3076 office until approval. 2. Advisory Board minutes and agendas to file with action as directed. Pg.3077- Document(s)have been routed to all Commissioners and are available for 3078 review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of September 1, Pg.3079- 2012 through September 7,2012 and for submission into the official records of 3088 the Board. K. COUNTY ATTORNEY 1. Recommendation to approve and authorize the Chairman to execute a Pg.3089- Settlement and Judgment Agreement Order prior to trial in the lawsuit entitled 3093 Board of County Commissioners Collier County v.Jeffrey Lillard,filed in the Twentieth Judicial Circuit in and for Collier County,Florida(Case No. 11-03359 -CC)for the sum of$2,844.75. 2. Recommendation to approve and authorize the Chairman to execute a Pg.3094- mediated Settlement Agreement prior to trial in the lawsuit entitled Simina 3100 Moldovan v.Collier County,and Collier County,filed in the Twentieth Judicial Circuit in and for Collier County,Florida(Case No.09-4781-CA)for the sum of $1,200. 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria:1)A recommendation for approval from staff;2)Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting;3)No written or oral objections to the item received by staff,the Collier County Planning Commission,other authorizing agencies or the Board,prior to the commencement of the BCC meeting on which the items are scheduled to be heard;and 4)No individuals are registered to speak in opposition to the item.For those items which are quasi-judicial in nature,all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Pg.3101- Should a hearing be held on this item,all participants are required to be sworn in. 3338 PUDZ-PL20110000406: Brynwood Center--An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 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 an Agricultural(A) zoning district with an"ST"overlay to a Commercial Planned Unit Development (CPUD)zoning district for a project to be known as the Brynwood Center CPUD to allow construction of a maximum of 145,000 square feet of retail and office uses which include a maximum of 25,000 square feet of retail and a maximum of 60,000 square feet of medical office uses. Also permitted are hotel and motel uses at 20 units per acre and group housing(assisted living facility and independent living units)at a floor area ratio of 0.6. For each acre of group housing or hotel or motel use,12,083 square feet of retail or office use shall be subtracted from the total amount of allowable commercial square footage. The project is located on the south side of Pine Ridge Road,approximately 980 feet east of the intersection of Livingston Road and Pine Ridge Road in Section 18,Township 48 South,Range 26 East,Collier County, Florida consisting of 13.65±acres;and by providing an effective date. B. This item requires that ex parte disclosure be provided by Commission members. Pg.3339- Should a hearing be held on this item,all participants are required to be sworn in. 3377 VA-PL20110002627:Donald Gray Variance-A Resolution of the Board of Zoning Appeals of Collier County,Florida,relating to Petition Number VA-PL2011-2627,for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced riparian side yard setback from 7.5 feet to 0 feet on the west side of the subject property and a reduced riparian side yard setback from 7.5 feet to 1.55 feet on the east side of the subject property located on Lot 6,Block G of the Little Hickory Shores Subdivision in Section 5,Township 48 South,Range 25 East in Collier County, Florida. C. Recommendation to adopt proposed changes to Ordinance No.91-65,of the Pg.3378- Affordable Housing Advisory Committee Ordinance to incorporate statuory 3385 requirements and otherwise clarify terms. D. Recommendation to adopt a resolution approving amendments(appropriating carry- Pg.3386- forward,transfers and supplemental revenue)to the Fiscal Year 2011-12 Adopted 3388 Budget. E. Recommendation to adopt a resolution approving amendments(appropriating carry- Pg.3389- forward,transfers and supplemental revenue)to the Fiscal Year 2012-13 Adopted 3393 Budget. ow 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Agok-