Loading...
Backup Documents 03/26/2013 RecapCOLLIER 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 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 Vice - Chairman Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Chairman NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 March 26, 2013 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS.", PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Bob Scudieri - Faith Lutheran Church * Formal acceptance of a book from the Army Corps of Engineers — Approved 510 2. AGENDA AND MINUTES A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Approved and/or Adopted w /changes — 510 Page 2 March 26, 2013 B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Adopted — 510 C. Approval of today's regular agenda as amended. Approved and/or Adopted w /changes — 510 D. February 26, 2013 - BCC/Regular Meeting. Approved as presented — 510 E. March 5, 2013 - BCC /Animal Control Ordinance /Traffic Signal Timing /GMP Electronic Plan Workshop. Approved as presented — 510 3. SERVICE AWARDS 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating April 2013 as "National Fair Housing Month" in Collier County. To be accepted by Miguel Villarreal, Vice President/Area Sales Manager- Residential Mortgage, Fifth Third Bank and staff from Housing, Human and Veterans Services. Sponsored by Commissioner Coyle. Adopted — 510 B. Proclamation designating April 2013 as "Water Conservation Month" in Collier County. To be accepted by Paul Mattausch, Water Department Director; Steve Messner, Interim Wastewater Department Director; and Lisa Koehler, Big Cypress Basin Administrator, South Florida Water Management District. Sponsored by Commissioner Coyle. Adopted — 510 C. Proclamation supporting the mission of the Collier County Community Garden Initiative in an effort to encourage additional community gardens and to inspire a love of gardening in children and adults alike. To be accepted by Annie Alvarez and Vickie Wilson from the Collier County Parks and Recreation Department, and Brooke Hollander, Katie Vance, Alyssa Costa, Jim Zimmerman, Luwana Milner and Elsa Martinez representing the Collier County Community Garden Initiative. Sponsored Page 3 March 26, 2013 by Commissioner Henning. Adopted — 510 D. Proclamation designating April 7 to April 13, 2013 as "Everglades Week" in Collier County. To be accepted by Captain Franklin Adams, Master Naturalist; Brad Cornell, Collier County Audubon Society; Nancy Payton, Florida Wildlife Federation; Nicole Johnson, Conservancy of Southwest Florida; Lyle McCandless, Big Cypress Sportsmen's Alliance, Inc.; and Wayne Jenkins, Collier Sportsman and Conservation Club. Sponsored by Commissioner Nance. Adopted — 510 5. PRESENTATIONS A. Presentation of the "Above and Beyond" Award to Collier County Government by the Department of Defense Committee on Employer Support of the Guard and Reserve (ESGR), to publicly recognize Collier County for providing extraordinary support to Florida National Guard and Reserve service member employees. Presented B. Presentation recognizing the winners and finalists of the Laws of Life Essay /Speech Contest. The Laws of Life Program is a character building activity that helps young people focus on and develop positive character traits that lead to a successful citizenship and life. Presented 6. PUBLIC PETITIONS A. Public Petition request from Ernest Freeman representing Gospel Church of Hope in Immokalee regarding zoning. Staff to check with Immokalee CRA for possible assistance with fees 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski — Beach renourishment projects & turtle nesting season Item 8 and Item 9 to be heard no sooner than 1:00 Pm unless otherwise noted. Page 4 March 26, 2013 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the January 8, 2013 BCC Meeting and further continued to the April 23, 2013 BCC Meeting. Recommendation to approve a "small- scale" amendment to the Golden Gate Area Master Plan Element of the Growth Management Plan, Ordinance 89- 05, as amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) Moved from Item WE (Per Agenda Change Sheet) B. Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. Ordinance 2013 -25: Motion approve the Ordinance as presented and the County Manager to work with the County Attorney to bring back the position classification at the April 9, 2013 BCC Meeting for approval and to advertise the RFP for the hearing officer position — Adopted 4/1 (Commissioner Coyle opposed) 10. BOARD OF COUNTY COMMISSIONERS A. Reappointment of members to the Bayshore Beautification MSTU Advisory Committee. Resolution 2013 -77: Re- appointing Sheila A. Dugan and Robert F. Messmer — Adopted 510 B. Appointment of members to the Pelican Bay Services Division Board. Resolution 2013 -78: Appointing Tom Cravens, John Domenie, Joseph Chicurel and Scott William Streckenbein in the category of "resident "; Resolution 2013 -79: Declaring two (2) remaining vacancies in the category of "commercial/business /other" — Adopted 510 C. Appointment of member to the Collier County Public Safety Authority. Resolution 2013 -80: Appointing Joseph Bernard — Adopted 510 D. This item to be heard immediately following Items #13A and #13B. Recommendation that the Board of County Commissioners direct staff to meet with the Clerk of Courts to develop an action plan for coordinated Page 5 March 26, 2013 financial reporting in accordance with Generally Accepted Principles of Accounting (GAAP) and rules as promulgated by accounting Standards Boards. Further that staff together with the Clerk, work to eliminate or reduce as much as practicable duplicate financial functions. This will facilitate efficient monthly review and comparison by operations management personnel, and provide usable information to the Board. (Commissioner Nance) Motion for Clerk staff and OMB to work together on a proposal to be brought back - Approved 510 E. Recommendation that the Board of County Commissioners direct staff to solicit proposals to develop and implement targeted improvements to the County's federal and state grants compliance and administration systems. The solicitation should be directed to public accounting firms with known expertise in grants compliance accounting and auditing, including but not limited to the Big 4 firms. Responses by bidders shall give consideration to the recommendations for improvements to the existing grant processes and systems as will be provided by the County's auditors, Ernst & Young. The request for proposals (RFP) shall be developed and released within 60 days of receipt of the Ernst & Young assessment report. (Commissioner Hiller) Approved — 510 F. Recommendation that the Board of County Commissioners adopt Chapter III of Florida Statute 112 in whole, as currently approved by the State Legislature and as such law may be amended in the future, as the county's Ethics Ordinance; and, that all ethics provisions in existing county resolutions and ordinances inconsistent with F.S. 112, Chpt. III be repealed and replaced by the provisions of F.S. 112, Chpt. III; further, that the County Attorney be designated the county's Chief Ethics Officer responsible for ensuring that the ethics provisions adopted by the county are respected, to provide guidance and opinions to the county's elected officials, staff, contract employees, advisory board members and contractors /vendors as to what constitutes ethical conduct consistent with adopted law, and to develop a code of practices and procedures so that what constitutes ethical conduct is readily understood - i.e. what constitutes timely disclosure of conflicts. The Chief Ethics Officer shall also oversee compliance with the State's Sunshine and Public records laws as applicable to the county, and any other laws, both federal and state, that obligate the county's elected officials, staff, contract employees, advisory board members and contractors /vendors to conduct Page 6 March 26, 2013 themselves in an honest, ethical manner - all in the public's interest. That the Board direct the County Attorney amend the county's ethics ordinances and resolutions as provided and prepare a resolution for Board approval designating the County Attorney as the county's Chief Ethics Officer, for approval at the second Board meeting in April, 2013. (Commissioner Hiller) Motion to follow the current guidelines set by State Legislature and the County Attorney and County Manager to work together to modify the existing ordinance to incorporate F.S. 112, Chpt. III exempting the Board of County Commissioners and procurement officials and to bring back proposed changes for further discussion and subsequent approval by the Board of County Commissioners — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed); Motion approving the County Attorney as the Chief Ethics Officer and to incorporate it into the County Attorney's Ordinance — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) To be heard at 11:00 a.m. (Per Agenda Change Sheet) G. Recommendation that the Board of County Commissioners direct the County Manager to work with the County Attorney and the Clerk of Courts to develop a tailored grants program for the benefit of the Victims Advocacy Organizations ( "VAO ") in Collier County. These organizations assist victims that (in one of many worst case scenarios) may end as wards of the State. In the absence of VAOs, local government would have to make a direct contribution of local tax dollars to assist such victims. Program considerations may include but not be limited to: allowing for private matching gifts that will expand the VAO grant pool, fee based grant procurement assistance, dedicated county staffing, and a revised approach to grants administration. In addition, the County Attorney is directed to work with the Sheriff's Crimes Unit and the VAOs to bolster and/or develop local ordinances that address crimes against such victims. In combination, the proposed fiscal and legal direction will serve to help increase the aid and protection VAOs provide. The hope is that in later years similar programs can be developed for the benefit of other non - profit organizations in the county. Staff proposal to be brought back to the Board of County Commissioners for approval at the second board meeting in May, 2013. (Commissioner Hiller) Approved — 510 Performance by Naples resident Casey Weston, a 2011 finalist on reality show "The Voice" Page 7 March 26, 2013 11. COUNTY MANAGER'S REPORT Moved to Item #16C3 (Per Agenda Change Sheet) A. Recommendation to direct the County Manager, or his designee, to give notice to formally initiate the integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water and sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and the Board of County Commissioners of Collier County (Board), with the objective of returning to the Board with a proposed Utility System Integration Agreement. (George Yilmaz, Public Utilities Administrator) B. Recommendation to approve the purchase of property insurance effective April 1, 2013 in the estimated amount of $3,542,000, a decrease of $18,000. (Jeff Walker, Risk Management Director) Approved — 510 Moved from Item #16A9 (Per Agenda Change Sheet) C. Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize the expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for the Immokalee Road/I -75 Interchange. Approved - 510 Moved from Item #16F5 (Per Agenda Change Sheet) D. Recommendation to establish a new position classification and salary range assignment for County Commission staff members and a revised budget allocation format for the BCC Office. Motion to accept the County Manager's recommendation of pay grade 18 exempt — Approved - 510 Moved from Item #16F6 (Per Commissioner Nance during Agenda Changes) E. Recommendation to approve the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment, authorize advertisement of the proposed amendments for public hearing, and approve Page 8 March 26, 2013 the proposed resolution amending the TDT Category "A" Funding Policy. Resolution 2013 -81 Adopted with amended pages - 510 Moved from Item #16F7 (Per Commissioner Nance during Agenda Changes) F. Recommendation to approve three destination marketing positions from uncommitted FY 12 Carry Forward up to $250,000 for additional destination marketing staff in the Tourism Department, and approve necessary budget amendments. Approved - 510 Moved from Item #16F1 (Per Commissioner Coyle during Agenda Changes) To be heard at 4:30 p.m. G. This item continued from the February 26.2013 BCC Meeting. Recommendation to authorize Amendment #2 for Contract #09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for one additional year; and authorize the Chairwoman to approve the amendment. Motion to extend the amendment to the contract for another year and to take back to the Pelican Bay Board to bring back recommendations regarding future extensions and terms — Approved 4/1 (Commissioner Coyle opposed) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit Court regarding Audit Report 2012 -10 Economic Development Council — Review of Public Sector Expenditures. Presented and discussed B. This item to be heard immediately following Item #13A. Presentation by the Clerk of the Circuit Court regarding Audit Report 2012 -3 Immokalee Regional Airport — Fill Dirt. County Attorney to offer no settlement at the mediation hearing, get the As -built done with staff to get a least cost approach when getting the current measurements at the airport and the County Attorney to work and discuss the RV Park with the USDA — Approved 510 Page 9 March 26, 2013 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Presentation by Airport Authority Executive Director of the Airport Authority's Plan for Self Sufficiency in response to February 26, 2013 Agenda Item #14A 1 directing the Airport Director to bring back a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. Motion directing County Staff and Clerk's Staff to work together to develop a Pro Forma on Mr. Curry's report and to bring the report back to a future Board Meeting — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) 2) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, make a determination regarding the renegotiation or extension of the Airport Authority Executive Director's Employment Agreement with Thomas C. Curry. (Commissioner Nance) Motion to extend Mr. Curry's contract to 2014 allowing for results — Failed 2/3 (Commissioner Hiller, Commissioner Nance and Commissioner Henning opposed); Motion not to extend Mr. Curry's contract allowing for the termination of contract — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) B. COMMUNITY REDEVELOPMENT AGENCY To be heard at 1:15 p.m. (During Agenda Changes) 1) Recommendation for the Community Redevelopment Agency to approve the sale of five (5) CRA owned mobile home lots to NIAN Financing Corporation; authorize the CRA Chairman to execute all documents necessary to facilitate the sale and authorize staff to deposit the funds received from the sale into the appropriate account. Approved — 510 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 10 March 26, 2013 A. Mr. Ochs — Proposed workshop dates and topics B. Commissioner Nance — Calendar dates for topics C. Commissioner Fiala — Suggested staff items placed lastly on agenda D. Commissioner Fiala — Motion to adjourn - Consensus ---------------- ..... --------------- .... -- ..... ------------------------------.... --------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w /changes — 510 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to accept the specific past staff clarifications of the Land Development Code (LDC) attached to this Executive Summary. SC- 2004- 01(Drug Stores in C -3), SC-2003-01 (Side Setbacks in MH Zoning District), SC- 2003 -03 (LDC Section 1.5.5 & Excavations), and SC- 2001 -01 (Fences) — Approved w /changes 2) Recommendation to approve final acceptance of the water utility facility for Ritz Carlton Hotel PL 20090001409 and to authorize the County Manager, or his designee, to release the Utility Performance Security Bond (UPS) and Final Obligation Bond in the total amount of $5,425.99 to the Project Engineer or the Developer's designated agent. Withdrawn (Per Agenda Change Sheet) 3) Recommendation to authorize the release of the Excavation Performance Bond in the amount of $1,000,000 to the Project Engineer or the Developer's designated agent for Arthrex at Ave Maria AR- 13095. 4) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Heritage Bay Commons (Application Number AR- PPL5877) with the roadway and drainage improvements being privately maintained and authorizing the release Page 11 March 26, 2013 of the maintenance security and acceptance of the plat dedications. Resolution 2013 -71 5) Recommendation to authorize staff to advertise an amendment to the County's Flood Damage Prevention Ordinance (FDPO) to adopt Letters of Map Change and Physical Map Revisions that have been approved by the Federal Emergency Management Agency (FEMA) and establish revisions to the effective Digital Flood Insurance Rate Map (DFIRM). 6) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $75,000 which was posted as a development guaranty for work associated with Lee County Electric Company (LCEC) sub - station, (Application Number AR- 13608). Performance Bond #09 -BD- 002 -12 -001 7) 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 Arthrex at Creekside - Tract "A ", Application Number FP- PL20130000261. The Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 8) Recommendation to approve the release of lien in the amount of $314,557.86 for payment of $807.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Naples Property Services, LLC, Code Enforcement Case Number 2007050653, relating to property located at 865 95th Ave N, Collier County, Florida. Fines relating to multiple structures with interior and exterior alterations without permits that were brought into compliance on December 12, 2012 Moved to Item #11C (Per Agenda Change Sheet) 9) Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize the expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for Page 12 March 26, 2013 the Immokalee Road/I -75 Interchange. 10) Recommendation to approve award of Invitation To Bid ITB No. 12- 5936R Beach Maintenance Activities to Eastman Aggregate Enterprises, LLC for an as- needed contract for emergency beach maintenance services, authorize the Chairman to sign the County Attorney's approved contract, and make a finding that this activity promotes Tourism. 11) Recommendation to consider the developer's request to release a PUD Commitment within the Tuscany Reserve PUD. Both Staff and the Developer (Taus Park) agree the commitment is no longer necessary Continued to the April 9, 2013 BCC Meeting (Per Agenda Change Sheet) 12) Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve a budget amendment authorizing the Immokalee Community Redevelopment Agency to commit $61,087 of CDBG Grant Award #B- 12- UC -12- 0016 for FY2012 -2013, Job Creation Project, to Fund 715 for the Immokalee Business Development Center (IBDC). To pay for the Center Manager's salary during the transition period 2) Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve the selection committee rankings and authorize entering into negotiations with CDM Smith, Inc., for a contract related to Request for Proposal Number 13 -5988, " Immokalee Stormwater Improvements - Phase II." Page 13 March 26, 2013 For drainage and sidewalk improvements along certain streets within the Immokalee CRA C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve the Satisfactions of Lien for the 1991, 1992, 1993, 1994, 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfactions of the lien. Fiscal Impact is $97 to record the Satisfactions of Lien. Resolution 2013 -72 2) Recommendation to approve and execute a Notice of Promise To Pay and Agreement To Extend Payment of Wastewater System Impact Fees with David K. and Cheryl L. Boot, in the amount of $3,220, with estimated interest of $571.25. Property located at 346 Cypress Way West, Parcel #001594800005 #00159480005 (Per Agenda Change Sheet) Moved from Item #11A (Per Agenda Change Sheet) 3) Recommendation to direct the County Manager, or his designee, to give notice to formally initiate the integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water and sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and the Board of County Commissioners of Collier County (Board), with the objective of returning to the Board with a proposed Utility System Integration Agreement. (George Yilmaz, Public Utilities Administrator) D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairwoman to execute the Parks and Recreation Department Summer Food Service Agreements to authorize Collier County to be a sponsor and operate the 2013 Summer Food Service Program at designated recreation camps. (Net Fiscal Impact $16,970.54) Providing breakfasts and lunches during the summer for those Page 14 March 26, 2013 children that are unable to go to the sites offered by the School Board 2) Recommendation to authorize a waiver to the Land Development Code (LDC) Section 9.03.02 G for the County owned properties located at 5318 -5340 Gilchrist Street to allow for needed rehabilitation and repair in order to eventually dispose of the properties from County ownership. Estimated work will exceed the 12 month restriction in order to complete the work 3) Recommendation to authorize a budget amendment recognizing $64,822.16 in program income revenue generated by properties acquired under the Neighborhood Stabilization Program (NSP1). Revenue from December through February rent for properties on Gilchrist Street, Naples Withdrawn (Per Agenda Change Sheet) 4) Recommendation to approve one (1) release of lien for Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. 5) Recommendation to approve Modification #9 to a Subgrant Agreement between the Florida Department of Economic Opportunity (DEO) and Collier County, Disaster Recovery Initiative Grant Agreement #07DB -3 V- 09- 21 -01 -ZO 1, to reinstate and extend the grant agreement, expand one project at Hatcher's Preserve, initiate a new corresponding subrecipient agreement with Empowerment Alliance of Southwest Florida Community Development Corporation, recognize program income and approve a budget amendment. To continue providing affordable housing to people in Immokalee affected by storm related damage from the 2005 hurricane season 6) Recommendation to approve a Subrecipient Agreement with the Collier County Community Redevelopment Agency - Immokalee in the amount of $61,087 for a Community Development Block Grant (CDBG) award. To begin expenditure of the FY 12 -13 HUD allocations in order to support the Immokalee Business Development Center Page 15 March 26, 2013 7) Recommendation to terminate Contract #08 -5128 - Pharmacy Services with Sunshine Pharmacy, Inc., and ratify Contract #13 -6053 Pharmacy Services with Woolley's Pharmacy, Inc., from February 1, 2013 through April 13, 2014. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to reconsider retaining properties from active sales obtained from Avatar Properties, Inc., that are part of the Golden Gate Estates Land Trust. 8.93 acres available, Unit 78, Tract 116 and Unit 93, Tract 48 2) Recommendation to approve and execute the document necessary to convey an easement on County property at the Collier County Landfill, located at 3730 White Lake Boulevard, Naples, FL, to FP &L. To install electric infrastructure 3) Recommendation to approve a Memorandum of Agreement between the State of Florida Department of Health and Emergency Medical Services as the CHEMPACK Cache Location for the purpose of responding to acts of chemical emergencies posing a public health crisis. Providing secure storage for CHEMPACK Cache, needed for responding to acts of chemical terrorism and other emergencies posing a public health crisis 4) Recommendation to terminate Contract #12 -5845, Countywide Chemicals, with Tanner Industries, Inc., as a primary supplier of ammonia for the Collier County Water Department. Due to the company's unwillingness to agree to standard county contract terms and conditions 5) Recommendation to approve and authorize the acceptance of a Volunteer Fire Assistance Grant Award in the amount of $1,260 to purchase Class A Foam for the Isles of Capri Fire Rescue District and authorize all necessary budget amendments (local match $1,260). Page 16 March 26, 2013 F. COUNTY MANAGER OPERATIONS Moved to Item #11G (Per Commissioner Coyle during Agenda Changes) 1) This item continued from the February 26, 2013 BCC Meeting. Recommendation to authorize Amendment #2 for Contract #09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for one additional year; and authorize the Chairwoman to approve the amendment. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2013 -73 3) Recommendation to approve FY14 Tourist Development Council (TDC) Grant Applications for Category B and C -2 and authorize the Tourism Director to work with a selection committee to review the grant applications prior to presentation to the TDC. As detailed in the Executive Summary 4) Recommendation to approve Natural Resources Department Director William Lorenz as second Alternate to represent Collier County at the monthly Consortium meetings held in Gulf coastal counties as part of the RESTORE Act. Moved to Item #11D (Per Agenda Change Sheet) 5) Recommendation to establish a new position classification and salary range assignment for County Commission staff members and a revised budget allocation format for the BCC Office. Moved to Item #11E (Per Commissioner Nance during Agenda Changes) 6) Recommendation to approve the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment, authorize advertisement of the proposed amendments for public hearing, and approve the proposed resolution amending the Page 17 March 26, 2013 TDT Category "A" Funding Policy. Moved to Item #11F (Per Commissioner Nance during Agenda Changes) 7) Recommendation to approve three destination marketing positions from uncommitted FY 12 Carry Forward up to $250,000 for additional destination marketing staff in the Tourism Department, and approve necessary budget amendments. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE I OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of February 28, 2013 through March 6, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 7, 2013 through March 13, 2013 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release prior to trial in the lawsuit entitled John W. Staley and Elizabeth E. Staley v. Board of County Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11- 2962 -CA) for the sum of $20,000. Relating to a vehicle accident that happened on November 15, 2008 2) Recommendation to approve a Mediated Settlement Agreement in the sum of $70,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Nyankadau Korti v. Collier County Board of County Commissioners, Case No. 11 -3710- Page 18 March 26, 2013 CA, pending in Collier County Circuit Court (Fiscal Impact: $70,000). Relating to a former employee's complaint regarding the reason for his separation of services in April 2010 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 carte 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 AVESMT- P1,20120002638, to disclaim, renounce and vacate the County and the Public interest in 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, being a part of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. Resolution 2013 -74 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 VAC - P1,20120002668, to disclaim, renounce and vacate the County and the Public interest in 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, being a part of Section 8, Township 48 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to accept the Grant of Drainage Page 19 March 26, 2013 Easement to replace the vacated Drainage Easement. Resolution 2013 -75 C. This item continued from the March 12.2013 BCC meeting then further continued to the April 9. 2013 BCC meeting. This item requires that ex pane disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120002564, to disclaim, renounce and vacate the County and the Public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier County, Florida, being a part of Section 5, Township 50 South, Range 26 East, Collier County, Florida, more specifically shown in Exhibit A and to approve the Grant of Easement to replace the vacated U.R.O.S. easement. D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2013 -76 Moved to Item #911 (Per Agenda Change Sheet) E. Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. 18. ADJOURN Motion to adjourn - Consensus INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 20 March 26, 2013