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Backup Documents 04/23/2013 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority r Aaoais• r41 ,\ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 23, 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. Page 1 April 23, 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 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— 5/0 B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Adopted — 5/0 C. Approval of today's regular agenda as amended. Page 2 April 23, 2013 Approved and/or Adopted w/changes— 5/0 D. March 26, 2013 BCC/Regular Meeting. Approved as presented — 5/0 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Pedro Montero, Pelican Bay Services Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating May, 2013 as Lupus Awareness Month in Collier County. To be accepted by Jill Giles, Christina Kuseck and Jessica Kirschenbaum, Lupus Foundation of America, Florida Chapter. Sponsored by Commissioner Hiller. Adopted — 5/0 B. Proclamation designating May, 2013 as Trauma Awareness Month in Collier County. To be accepted by Kathy Wecher, Trauma Outreach Coordinator, Lee Memorial Trauma Center. Sponsored by the Board of County Commissioners. Adopted — 5/0 C. Proclamation designating the week of April 22, 2013 as the 33rd Anniversary of Know Your County Government Week in Collier County. To be accepted by Autumn Armego-Finger, Naples High School; Janna Donofrio, Barron Collier High School; Astria Mendieta, Corkscrew Baptist; and Jose Rocha, Golden Gate High School. Sponsored by Commissioner Nance. Adopted — 5/0 D. Proclamation recognizing the 90th Anniversary of the creation of Collier County on May 8, 1923. To be accepted by Ron Jamro, Museum Director, Page 3 April 23, 2013 Collier County; and Marilyn Mathes, Library Director, Collier County. Sponsored by the Board of County Commissioners. Adopted — 5/0 E. Proclamation designating May 4-12, 2013 as Tourism Week in Collier County. To be accepted by Jack Wert, Director, Collier County Tourism Department. Sponsored by Commissioner Henning. Adopted — 5/0 F. Proclamation recognizing April 27, 2013 as Dottie Weiner Day. To be accepted by Dottie Weiner; Cindy Love, CEO, Marco YMCA; Tiffany Homuth, YMCA Board President; Steve Reynolds, Marketing Director, Marco YMCA; and Leslie Drake, Community Development Coordinator, Marco YMCA. Sponsored by Commissioner Fiala. Adopted — 5/0 G. Proclamation designating April 23, 2013 as Lazaro Arbos Day in Collier County. To be accepted by Lazaro Arbos. Sponsored by the Board of County Commissioners. Adopted — 5/0 5. PRESENTATIONS A. Recommendation to recognize Brenda Reaves, Contracts Technician, Purchasing Department, as Employee of the Month for March, 2013. Presented B. Presentation to acknowledge Collier County's #1 ranking in the State of Florida for job growth. On April 3, 2013, Florida Governor Rick Scott recognized Collier County for having the fastest annual job growth rate in Florida for 2012. Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Brett Cohan — Comments regarding the Whippoorwill Lane/Marbella Lakes Drive Extension Project B. Jerri Newhouse— Regarding Item #8A, the Wahl's appeal to the BZA Page 4 April 23, 2013 C. Charles Menard — Accountability for EMS response time D. Marcia Cravens — Naples Daily News inaccurate reporting E. John Rogers —Absent F. Randy Cohen — Absent G. Daniel Burgeson —Absent H. Barbara Burgeson - Absent Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearin2 be held on this item, all participants are required to be sworn in. Recommendation to consider Fred and Marci Wahl's appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in denying Petition BDE-PL20120001428 that requested a 21.5-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a total protrusion of 41.5 feet for a boat lift on the east side of a boat dock facility in an RSF-4 zone on property described as Lot 11, Isles of Capri Number 1 Subdivision, in Section 5, Township 52 South, Range 26 East, in Collier County, Florida. [Petition ADA-PL20130000004] Motion to Deny— Failed 2/3 (Commissioner Hiller, Commissioner Nance and Commissioner Henning opposed); Motion to approve appeal (meets primary and secondary criteria)— Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed): Resolution 2013-98 Adopted - 3/2 Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS A. This item continued from the March 12, 2013 BCC Meeting then further continued from the April 9, 2013 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearin2 be held on this item,all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20120002564, to disclaim, renounce and vacate County and Public interest in a portion of the Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of Page 5 April 23,2013 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 approve the Grant of Easement to replace the vacated U.R.O.S. easement. Resolution 2013-99 Adopted — 5/0 Moved from Item #17D (Per Commissioner Henning during Agenda Changes) B. Recommendation to approve and adopt proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments; and approve all necessary budget amendments. Approval of this Amendment requires a super-majority vote. Ordinance 2013-30 Adopted — 5/0; Future workshop for Museum operations requested 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of a member to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2013-100: Appointing Mark S. Weber for a term expiring November 13, 2013 — Adopted 5/0 B. Reappointment of members to the Conservation Collier Land Acquisition Advisory Committee. Resolution 2013-101: Reappointing Clarence S. Tears, Jr. (Ecology, Environmental/Conservation, Agricultural/Business and Land Appraisal category) and John H. Burton (Environmental/Conservation, Educational, Agricultural/Business and Real Estate/Land Acquisition category) with terms expiring February 11, 2016 —Adopted 5/0 C. Reappointment of a member to the Immokalee Enterprise Zone Development Agency. Resolution 2013-102: Reappointing Edward "Ski" Olesky for a term expiring April 4, 2017— Adopted 5/0 Page 6 April 23,2013 D. Recommendation to direct staff to bring back proposed locations within Collier County to develop a facility to be used for radio-controlled airplanes, boats and cars. (Commissioner Fiala) Motion for County Manager to look into possible locations within the County and for the Airport Director to discuss with the Airport Authority about re-establishing these activities —Approved 5/0 Time Certain 10:30 a.m. and immediately followed by Item #10H (Per Agenda Change Sheet) E. Discussion of the Clerk of Court's audit of the Blocker's legal fees in reference to the settlement agreement. (Commissioner Coyle) Presented and discussed; Motion that all Officers of HOME provide the County Manager the documentation by Friday, April 26, 2013 and the County Manager to in turn provide them to the County Clerk for auditing. If the documentation isn't provided, the County Manager is to report to the BCC at the next BCC Meeting — Approved 5/0 Time Certain 2:00 p.m. (Per Agenda Change Sheet) F. Recommendation that the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inc. ("Fletcher") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the Board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities/land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the Board of Commissioners, as was permitted until most recently and as is typical for Page 7 April 23, 2013 similarly situated rural airports; (i) that any complaint intended to be filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the Board of Commissioners. That the proposed lease be drafted by the County Attorney to include provisions, as listed and executed by the County by April 26, 2013. (Commissioner Hiller) Motion to have Commissioner Henning, County Attorney, Mr. Curry, Mr. Fletcher and his attorney to work together and bring back a lease agreement at the second meeting in May—Approved 4/1 (Commissioner Coyle opposed) G. Recommendation that the Board of County Commissioners request that staff prepare and release an RFP for professional real estate services so the county shall have standing contracts with both commercial and residential brokerage and property management firms, to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. The contracts shall be for a two year term. It is recommended 2 commercial and 2 residential brokerage/property management firms shall be selected by the Board from among applicants. The list of all applicants, to include staff's recommendation of the top ten firms, shall be presented to the Board for final selection and approval at the second public Board meeting in June, 2013. Establishing such contracts for the county's benefit is in line with the county's existing practice of standing contracts with professionals such as engineers and appraisers, providing assistance and supplementing staff initiatives without the need to hire additional full time personnel. Nothing shall preclude the county from contracting with other real estate brokerage/management firms should the need arise, i.e., need for specialized knowledge as to a specific project. (Commissioner Hiller) Motion to approve with inclusion of expertise in industrial (using the current methodology) — Approved 4/1 (Commissioner Coyle opposed) To be heard immediately following Item #10E (Per Agenda Change Sheet) H. Recommendation that the Board of County Commissioners develop a protocol for the presentation of the Clerk's audits to the board, which is both acceptable to the Clerk of Courts and the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the Board unable to determine if concerns Page 8 April 23,2013 raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring the public is fully informed as to both audit findings and the implemented solutions. That the Board directs the Chair to work with the Clerk and County Manager to develop such a protocol and bring the protocol back to the Board for final approval. (Commissioner Hiller) Motion for Commissioner Hiller to work with County and Clerk's staff to develop the protocol and procedures —Approved 5/0 11. COUNTY MANAGER'S REPORT A. Recommendation to authorize the advertisement of an ordinance for future consideration which would amend Ordinance No. 76-48, as amended, to permit dogs on leashes within designated county parks. (Barry Williams, Parks and Recreation Director) Approved — 5/0 B. Recommendation to authorize the advertisement of an ordinance for future consideration which would repeal and replace Ordinance No. 93-72, as amended, in order to establish a new "Collier County Administrator's Ordinance." (Leo Ochs, County Manager) Approved — 4/1 (Commissioner Coyle opposed) 12. COUNTY ATTORNEY'S REPORT A. Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2003-53, as amended, the "Collier County Ethics Ordinance." Approved w/changes —3/2 (Commissioner Fiala and Commissioner Coyle opposed) Moved from Item #16K3 (Per Agenda Change Sheet) B. Request for authorization to advertise for future consideration an ordinance to be known as the "Collier County Attorney's Ordinance." Approved as Amended —3/2 (Commissioner Fiala and Commissioner Coyle opposed) 13. OTHER CONSTITUTIONAL OFFICERS Page 9 April 23, 2013 Withdrawn (Per Agenda Change Sheet) A. • • • . . • :1! :. Presentation by the Clerk of the Circuit Court's Office regarding Audit Report 2011-3 Freedom Memorial. Withdrawn (Per Agenda Change Sheet) B. - ' ' • .• . ; • .• -- • • • . . . •• • • .- . Presentation by the Clerk of the Circuit Court of audit report 2012-6 Housing, Human, and Veteran Services -- Disaster Recovery Initiative Grant. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager—Amount of Anonymous complaints for Code Enforcement being received through BCC Office; Advisory Board Minutes being filed directly with the Clerk office; July Meeting scheduled for the 9th and no meeting on July 23rd; Reminder of Workshop Meeting May 7th; Increasing staff in Growth Management B. County Attorney— Increase in business for Growth Management C. Commissioner Fiala — Putting results of the discussions between Isles of Capri Fire and East Naples Fire Control regarding consolidation on a meeting in May; Marco Island would like to add second ambulance, at least during season D. Commissioner Nance — Working with Nick Casalanguida regarding unpaved roads in the County E. Commissioner Henning— Press release regarding the lowering of permit fees; Using LAP funds for improvements to existing Affordable Housing upgrades/repairs; Naples Daily News articles regarding campaign contributions F. Commissioner Hiller— Thanking staff for working on updating ordinances G. Adjournment - Consensus Page 10 April 23, 2013 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 — 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the sewer utility facility for Lowes of South Naples, PL-20100001862 and to authorize the County Manager, or his designee, to release the Utilities Performance Security Bond (UPS) in the amount of$11,221 to the Project Engineer or the Developer's designated agent. A final inspection for material defects and workmanship has been conducted by staff and the facility was found to be acceptable 2) Recommendation to approve final acceptance of the water utility facilities for Lowes of South Naples, Phase 1 PL-20100000653, Phase 2 PL-20100001826, Phase 3 PL-201000001843 and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of$4,000 to the Project Engineer or the Developers Designated Agent. A final inspection for material defects and workmanship has been conducted by staff and the facility was found to be acceptable 3) Recommendation to approve the use of State of Florida contracts ITB- DOT-09/10-9027 and 10/11-9024-LG and waive formal competition for standardized traffic operations equipment replacement, repairs and service for multiple vendors. As detailed in the Executive Summary 4) 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 Parcel 'A' at Gateway Shoppes, Application Number FP-PL20130000159. Page 11 April 23, 2013 Developer must have a Certificate of Adequate Public Facilities prior to the issuance of a final approval letter or plat recordation 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with the Reflection Lakes at Naples Phase 3G subdivision (AR-7776) pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. Developer has paid fees 2-years of extensions and currently has a performance bond in place to guaranty completion of the required improvements 6) Recommendation to authorize the use of State of Florida Contract #490-000-12-ACS, Fisher Scientific, for the continued purchase of laboratory supplies to continue to provide analytical services for the Natural Resource Pollution Control Laboratory. Data collected is used to evaluate long term trends, identify water quality problems and asses the groundwater protection program 7) Recommendation to reject all bids for Invitation to Bid (ITB) #12- 5886 for Right-of Way and Median Mowing; and authorize staff to issue a modified ITB. Contract #09-5173 has been extended until October 10, 2013 while staff reworks the solicitation and issues a new ITB With Changes to the Executive Summary (Per Agenda Change Sheet) 8) Recommendation to approve a Wall Construction Agreement between the Eagle Creek of Naples Condominium Association, Inc., and Collier County as an integral part of the US-41/Collier Boulevard Intersection Improvement Project #60116. (Fiscal Impact: $211,620) As detailed in the Executive Summary 9) 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 Bent Creek Preserve, (PL201200001267) approval of the standard form Construction and Page 12 April 23, 2013 Maintenance Agreement and approval of the amount of the performance security. W/Stipulations 10) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Cabreo at Mediterra (AR- 8780) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2013-90 11) Recommendation to accept the specific past staff clarifications of the Land Development Code (LDC) attached to this Executive Summary. As detailed in the Executive Summary 12) Recommendation to approve and authorize the Chairwoman to sign a Joint Participation Agreement with Florida Department of Transportation (FDOT) to receive reimbursement for construction to install landscape development improvements of unpaved areas within the right-of-way of I-75 at the Immokalee Interchange; to execute a Resolution memorializing Board action; and, authorize the necessary budget amendment. (F.M. No. 433809-1-58-01, Project #33257) Resolution 2013-91 13) Recommendation to approve and authorize the Chairwoman to sign a Joint Participation Agreement with Florida Department of Transportation (FDOT) to receive reimbursement in the amount of $12,051,849 for construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90 (US41), along with the County's US-41 and SR/CR-951 intersection project; to execute a Resolution memorializing the Board action and authorize all necessary budget amendments. Resolution 2013-92 14) Recommendation to increase the awarded amount for Bid #11-5760, Traffic Signs and Related Material, awarded to multiple vendors, from an estimated $75,000 in FY11/12 to $150,000 for FY12/13 and subsequent years remaining on the contract. Page 13 April 23, 2013 To meet Federal compliance requirements with the contract, scheduled for re-solicitation in the fall of 2015 15) Recommendation to approve the release of lien in the amount of $79,581.15 for payment of$531.15, in Code Enforcement Action entitled Board of County Commissioners vs. Steven T. Hovland & Melanie Ann Hovland, Code Enforcement Case Number CESD20100019758, relating to property located at 7850 Friendship Lane, Collier County, Florida. For constructing a shed and a garage conversion without permits on property brought into compliance by owners on April 4, 2013 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Community Redevelopment Agency (CRA) amend an existing Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant by clarifying the completion date of construction of commercial building improvements to be October 25, 2012. (4097 Bayshore Drive, fiscal impact: $0) 2) Recommendation the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) ratify the former Executive Director of the Immokalee CRA's unauthorized termination of an agreement with Collier County granting $140,000 of Community Development Block Grant (CDBG) funds to the CRA for the project known as Immokalee Crosswalk Improvements, Project #CD 11-05. The former director acted outside the scope of her authority in terminating the agreement C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Bid #12-5956, "Electrical Component Testing," to Industrial Electric Testing, Inc., and Electric Power Systems, Inc., as primary and secondary vendors, respectively. For components critical to system operations at water and sewer facilities serving county residents Page 14 April 23,2013 2) Recommendation to award a contract to AECOM USA, Inc., in the not-to-exceed amount of$649,960 under Request for Proposal #13- 6010, "Public Utilities Master Plan," Project Number 70031, and authorize the necessary budget amendments. To evaluate projects necessary to meet future demand, maintain regulatory compliance and assess infrastructure needs 3) Recommendation to approve two work orders with Kyle Construction, Inc., in the combined amount of$381,582.22 under Project # 70019, "Cross Connection Control Program." As detailed in the Executive Summary 4) Recommendation to approve a work order with Haskins, Inc., and a work order with Quality Enterprises USA, Inc., in the combined amount of$139,449.60 under Project #70023, Fire Hydrant Replacement. To replace hydrants in the Imperial Circle, Bentley Village and Bay Forest communities that have reached end of use and ensure compliance with codes and ordinances D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a Resolution rescinding and replacing Resolution 2013-31, adopting the Disadvantaged Business Enterprise (DBE) Program and goal setting process to ensure that DBE's have an equal opportunity to receive and participate in Federal Transit Administration assisted contracts by ensuring nondiscrimination in their award and administration. Resolution 2013-93 2) Recommendation to approve an amendment to the FY 2008 Federal Transit Administration (FTA) Section 5309 grant award. To use the $63,021.83 of the remaining grant award to help fund improvements at CAT's Administration Facility on Radio Road 3) Recommendation to approve modification #7 to Disaster Recovery Initiative Grant Agreement #10DB-D4-09-21-01-K09, between the Florida Department of Economic Opportunity (DEO) and Collier Page 15 April 23,2013 County to facilitate reprogramming of unexpended funds, extend the grant, approve new associated subrecipient agreements and four subrecipient agreement amendments. As detailed in the Executive Summary 4) Recommendation to authorize execution of a Congestion Management System/Intelligent Transportation Stakeholders (CMS/ITS) grant award in the amount of$336,872 for construction of additional bus shelters. For design, purchase and construction of up to twelve (12) shelters and to install amenities including bike racks and benches 5) Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, sign associated documents, and authorize submission to Florida Housing Finance Corporation and approve the associated interlocal agreement with the City of Naples. Resolution 2013-94 6) Recommendation to authorize payment of a $1,753.71 Invoice for the public's use of Sovereignty Submerged Lands at Caxambas Boat Park and approve submittal of the 2012/2013 Florida Annual Gross Income Reporting Form to Florida Department of Environmental Protection. For annual lease fees and a subsequent lease renewal 7) Recommendation to authorize improvements sought by Naples Zoo to refurbish the Coyote Cage and for the addition of the South African Lion Addition in accordance with the current lease agreement between the Board of County Commissioners and the Zoo. To improve safety and care given to the zoo's lions and coyotes With Changes to the Executive Summary (Per Agenda Change Sheet) 8) Recommendation to approve two (2) standard Collier County Parks and Recreation facility rental agreements to be used as form agreements and authorize the County Manager or his designee to enter into these agreements. Page 16 April 23,2013 For public/private rental of facilities including meeting rooms, shelters (picnic areas), beaches and athletic fields in the county 9) Recommendation to grant a Deed of Conservation Easement to South Florida Water Management District for the Gordon River Greenway Park, Project #80065.1. An area covering 103.94 +/- acres to comply with SFWMD Permit #11-03344-P, Army Corps of Engineer's #SAJ-2011-00485 and Florida Communities Trust Management Plan requirements E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve the establishment of a budget for the Public Safety Authority (PSA) in the amount of$14,000. Each of the 7 county agencies that comprise the authority, that includes the Sheriffs Office, Fire Chiefs Association, NCH, Naples or Marco Island Police Department, North Naples Fire Commission and Physician's Regional Hospital, will contribute $2,000 annually to cover various administrative costs 2) Recommendation to approve the electronic submission of a grant application on behalf of the Emergency Medical Services' Search and Rescue Team to the Wal-Mart Community Grants Program for a maximum $2,000 for the Hug-A-Tree Program. (no match required) The program educates kids in basic and vital survival principles; funds awarded will be used to purchase a TV for presentations and to provide participants whistles, lanyards and miscellaneous training material 3) Recommendation to recognize and appropriate revenues for Special Services to the Facilities Management Department and approve the necessary Fiscal Year 2012-2013 Budget Amendment. Recognizing $92,773.47 in revenue that's been paid by various departments for building maintenance services 4) Recommendation to reject responses received for Invitation to Bid (ITB) #13-6070, Purchase and Delivery of Turf Page 17 April 23, 2013 Responding vendors failed to complete ITB instructions; staff will re-solicit the bid as soon as practicable 5) Recommendation to approve and ratify the additions, deletions, and reclassifications to the 2013 Fiscal Year Pay and Classification Plan made from January 1, 2013 through March 31, 2013. 6) Recommendation to accept the report concerning the sale, donation of items, and disbursement of funds associated with the County surplus auction held March 23, 2013, and approve a resolution authorizing the County Manager, or his designee, to perform the ministerial function of executing certificates of title for County-Owned vehicles sold or set for sale at future auctions. Resolution 2013-95 7) Recommendation to approve assumption of Contract #08-5009, from SIRE Technologies, Inc., a division of AlphaCorp ("AlphaCorp") to Hyland Software, Inc. ("Hyland") for Enterprise Content Management Software Solution. Hyland had acquired AlphaCorp's assets on August 29, 2012 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a budget amendment transferring $100,000 from the Pelican Bay MSTBU Fund 109, Reserve for Contingencies to Clam Bay Fund 320, Ecosystem Enhancements. To fund restoration of Pelican Bay's south berm and swale that separates the water management system from Clam Bay Estuary that was completed by Quality Enterprises (Contract #12-5927) 2) Recommendation to award Bid #13-6061 for Horticulture Debris Hauling and Disposal to Greenco Vegetation Recycling, LLC. For Pelican Bay Services Division 3) Recommendation to approve Change Order #4 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. in the amount of $100,000 in additional media and production billing at gross in Page 18 April 23, 2013 accordance with their agreement with Collier County and authorize the Chairwoman to execute the Change Order. Additional expenses exceed the $2 million annual billing threshold 4) Recommendation to approve a report covering a budget amendment impacting reserves in an amount up to and including $25,000 and budget amendment moving funds BA #13-290 for the "211 campaign" benefitting public safety 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2013-96 6) Recommendation to accept the Florida Association of Counties April 4, 2013 Legislative Day Summary Report. As detailed in the Executive Summary G. AIRPORT AUTHORITY 1) Recommendation to approve a Travel Request in the amount of$42 for the Airport Authority Executive to meet with the Federal Aviation Administration and Florida Department of Transportation in Orlando, Florida. To go over the grant-funded alternative development reports for the Marco Island and Immokalee Airport 2) Recommendation to approve a Concessionaire Agreement between Collier County Airport Authority and Robert Gretzke, D/B/A Wings for Specialized Aviation Service Operations at Everglades Airpark. An initial 2-year period and continuing month to month for the tenant to provide aerial sightseeing, air taxi service, specialized flying services, instruction, aircraft rental, maintenance/repair and to sell products (excluding fuel and petroleum products) 3) Recommendation the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute a standard Catering License Agreement for the Marco Island Executive Airport. Page 19 April 23,2013 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioners request for Board approval to attend the Florida Association of Counties (FAC) annual conference and educational exhibition June 25-28, 2013. Will be held at Tampa's Marriot Waterside 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. To attend the ArtsNaples World Festival —Una Sera Latina event on May 10, 2013. The sum of$100 to be paid from Commissioner Fiala's travel budget. At Naples Sailing & Yacht Club, 896 River Point Drive, Naples 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. To attend the 11th Annual Tourism Star Awards Luncheon on May 8, 2013. The sum of$30 to be paid from Commissioner Fiala's travel budget. At the Hilton Naples, 5111 Tamiami Trail North, Naples I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period March 28, 2013 through April 3, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of April 4, 2013 through April 10, 2013 and for submission into the official records of the Board. 3) Recommendation to approve a budget amendment recognizing interest earned in Supervisor of Elections' 2012/2013 Federal Election Activities Grant. K. COUNTY ATTORNEY Page 20 April 23, 2013 1) Recommendation to approve an Assumption Agreement substituting the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the law firm of Bricklemyer Smolker & Bolves, P.A., in the Retention Agreement dated April 24, 2007 which was amended twice. Due to a Feb. 2013 name change and terminating April 22, 2015 2) Recommendation to approve and authorize the Chairwoman to execute a mediated Settlement Agreement and Mutual Release prior to trial in the lawsuit entitled White General Constructors, Inc., v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 12-2692-CA) for a sum of$40,000. For an alleged improper contract termination for renovation and remodeling of the Naples Museum Depot, Phase 3 Project and the plaintiff has agreed not to work or bid on future projects Moved to Item #12B (Per Agenda Change Sheet) 3) Request for authorization to advertise for future consideration an ordinance to be known as the "Collier County Attorney's Ordinance." 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. Adopted w/Changes— 5/0 Page 21 April 23,2013 A. Recommendation to approve and adopt 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). Ordinance 2013-28 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 consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 06-42, the Brooks Village Commercial Planned Unit Development (CPUD), by adding a right-in only access point on Pine Ridge Road; by changing the hours of operation of the outparcels fronting on Pine Ridge Road to 24 hours; by changing the access on 11th Avenue SW from ingress only to ingress and egress; by amending the Master Plan; and by revising and deleting developer commitments. The property is located on the southwest quadrant of the intersection of Collier Boulevard (CR951) and Pine Ridge Road (CR896), in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting of 22.7 acres; and by providing an effective date. [PUDA-PL20120002136] Ordinance 2013-29 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2013-97 Moved to Item #9B (Per Commissioner Henning during Agenda Changes) With Changes to the Executive Summary (Per Agenda Change Sheet) D. Recommendation to approve and adopt proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments; and approve all necessary budget amendments. Approval of this Amendment requires a super-majority vote. 18. ADJOURN - Consensus Page 22 April 23,2013 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 23 April 23, 2013