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Backup Documents 12/10-11/2013 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 December 10-11, 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 December 10-11, 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 FACILITIES MANAGEMENT DEPARTMENT. L UNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples Presented 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 summary agenda.) Adopted — 5/0 C. Approval of today's regular agenda as amended. Page 2 December 10-11, 2013 Approved and/or Adopted w/changes — 5/0 D. October 22, 2013 - BCC/Regular Meeting Approved as Presented — 5/0 E. November 5, 2013 - BCC Workshop Approved as Presented — 5/0 F. November 12, 2013 - BCC/Regular Meeting Approved as Presented — 5/0 3. SERVICE AWARDS - EMPLOYEE A. 25 Year Attendees 1) Louise Bergeron, Library Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating December 10, 2013 as Douglas Molloy Day in Collier County in recognition of Mr. Molloy's staunch commitment to making our community safe and just during his 33 years as a top criminal prosecutor. To be accepted by Douglas Molloy. Sponsored by Commissioner Hiller. Adopted — 5/0 B. Proclamation designating January 5-11, 2014 as Collier County Republican Women's Week. To be accepted by Rep. Kathleen Passidomo, Honorary Chair; Jan Face Glassman, Event Chair; Priscilla Grannis, President of Women's Republican Club of Naples Federated; Cynthia Miles and Michelle Morgenstern, Women's Republican Club of Naples Federated; Dorene McShea, President, Southwest Florida Federated Republican Women; Litha Berger, President of Caxambas Republican Club; Judy Taber, Collier Republican Club; Judith Friedland, Republican Jewish Committee of Southwest Florida; Phyllis Dallmann, Barbara Stang, Cindy Lyster, Kathi Gray and Ann Brown, Collier County Republican Executive Committee; Erika Donalds, Collier County Young Republicans; Mary Knaiz and Natalie Staudacher, Collier County Teen -Age Republicans; and Christine Sutherland, Collier Republican State Committeewoman. Sponsored by Page 3 December 10-11, 2013 Commissioner Hiller. Adopted — 5/0 C. Proclamation recognizing the 70th Anniversary of the Naples Municipal Airport and its contributions to the region. To be accepted by Executive Director Ted Soliday, Deputy Executive Director Sheila Dugan and Board Chair John Allen. Sponsored by Commissioner Fiala. Adopted — 5/0 D. Proclamation designating January 5-11, 2014 as Corkscrew Regional Ecosystem Watershed (CREW) Trust Week in Collier County. To be accepted by Doug Machesney, CREW Trustee. Sponsored by Commissioner Fiala. Adopted — 510 E. Proclamation recognizing the Collier County Alumnae Chapter of Delta Sigma Theta Sorority, Inc., chartered in Collier County on October 26, 2013. To be accepted by Chris Rahmings, Pamela Wilkins, Della Bradley, Diane Haynes, Thelma Johnson, Rhonda Cummings, Jennifer Williams, Cynthia Battle, Jenise Morgan, Cynthia Powers, Tonge Lawson, Darlene Jackson, Debra Johnson, Wilmede Joseph, Rosetta Kirk, Mildred Pitts, Doris Cotton, Crystal Moody, Carolyn Perry, Shirley Williams, Sandra Fulton, Rozalyne Wright, Michelle Brice, Michelle Williams and Alana Smith. Sponsored by the Board of County Commissioners. Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month December, 2013 to Shula's Steakhouse. To be accepted by Clark Hill, Jeff Jerome and Tom Donahue. Presented B. Recommendation to recognize Corey Ford, Senior Technical Support Professional, Public Utilities, as Employee of the Month November, 2013. Recognized C. This item to be heard at 10:00 a.m. Presentation by Mr. Richard Broome, Senior Vice President, Corporate Affairs and Communications at Hertz Page 4 December 10-11, 2013 Global Holdings, Inc. Presented 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Bob Krasowski — Beach Renourishment Permit Violations Item #8 and Item #9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item continued from the November 12, 2013 BCC Meeting. Recommendation to review and approve the 2013 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. Ordinance 2013-71 Adopted w/changes — 5/0 B. Recommendation that the Board of County Commissioners (1) adopts the attached Resolution which would authorize the use of the uniform method of collecting non -ad valorem special assessments within the La Peninsula Community to fund the costs of providing seawall improvements and other waterway improvements for the La Peninsula community, and (2) to adopt an Ordinance to establish the La Peninsula Seawall Municipal Service Benefit Unit. Resolution 2013-292 — Adopted 4/1 (Commissioner Henning opposed); Ordinance 2013-70 Adopted w/changes — 4/1 (Commissioner Henning opposed) C. This item has been continued to the January 14, 2014 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution to disclaim, renounce Page 5 December 10-11, 2013 and vacate the County and the Public interest in a portion of Mamie Street south of Chokoloskee Drive, being a part of Section 36, Township 53 South, Range 29 East, Chokoloskee, Collier County, Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Collier County Board of Commissioners pledge its support to the regional economic development initiative known as the Southwest Florida Economic Development Alliance ("SWFEDA") as a Cornerstone member in the amount of $10,000 per year for the next three years. The intent of the alliance is to join the separate organizations in Southwest Florida that work on economic development efforts at the county and city levels in order to promote the region. The regional organization will develop the region's brand that will serve to attract companies and their site selectors, since they look at regions, not city and county boundaries. Additional benefits of membership will include the county's logo on the regional website, along with other information about Collier County, the right to use the SWFEDA logo, the county's logo on SWFEDA print material, participation in the roundtables, and recognition at regional economic development events. The county will be officially recognized as a promoter and supporter of regionalism, all in the interest of economic growth and prosperity. (Commissioner Hiller) Approved — 5/0 B. Recommendation that the Board of County Commissioners approve sharing in the cost of engaging a professional consulting firm with the Partnership for Collier's Future Economy (a subsidiary of Collier's Chamber of Commerce), to draft a "Community and Economic Development Strategic Plan" for the benefit of Collier County. The total estimated cost of the project is $222,000. The County's not to exceed share of the project cost is $111,000 which includes one half of the consulting services contract costs ($71,000) and one half of the Partnership's allocated internal project management and overhead expenses ($40,000). The Plan shall outline the necessary steps needed to brand, market, promote and sell the County as an economic development destination for relocating businesses and for entrepreneurial growth, all in the interest of promoting an environment that allows for job creation. In addition, authorize the Board to waive the competitive solicitation requirements pursuant to Section V(A) of the Purchasing Policy. (Commissioner Hiller) Approved — 5/0 Page 6 December 10-11, 2013 C. Recommendation that the Collier County Board of Commissioners accept the Collier County Accelerator Feasibility White Paper and provide Staff direction based on the report recommendations. The County is committed to fostering economic growth through the development of an entrepreneurial accelerator which will house emerging businesses that are deemed to have the greatest potential for successful growth. The project will be designed to mirror the Community Innovation Collaboration and Masschallenge programs in Cambridge, MA. This project will the first of its kind in the Southwest Florida region and will include community partners such as Florida Gulf Coast University, Chamber of Commerce, venture capitalists and local business leaders. At the state level, support for the project will be garnered from Enterprise Florida, the Office of Economic Development, the legislature and the governor. The hope is that this project will become a model for additional accelerators throughout the state, serving to advance the objective of job creation. (Commissioner Hiller) Motion to accept the report and direct staff to work with Dr. Goodman on development of the accelerator, an operational plan, explore possible funding opportunities, options regarding available space and return to the Board with information for further discussion — Approved 5/0 D. Recommendation that the Board of County Commissioners approve an agreement between Collier County and RETIS designating Collier County exclusive rights to host the RETIS FACE 6 Executive Training Program in the spring of 2014, approve providing funding in the amount of up to $10,000 for financial support in facilitating the event, and approve that the County's Office of Economic Development will house and provide support staff to the French government's non-profit staff during the program period. The local business community has matched the County's commitments by offering incubator and accelerator space to aid French companies as they look to establish themselves here. This is a public-private initiative not only involving local government and local businesses, but additionally involving Florida Gulf Coast University and Enterprise Florida. The view to the long term is that RETIS will establish a formal presence in Collier County, treating Collier as its base of operation as it brings French businesses to the region. (Commissioner Hiller) Approved — 5/0 E. This item to be heard at 3:30 p.m. Recommendation that the Collier County Board of Commissioners direct staff to work with the Southwest Florida Soccer Foundation ("SWFSF") as it seeks to develop a state of the Page 7 December 10-11, 2013 art soccer facility in Collier County. Collier County, as a community is committed to healthy living and sports excellence. In its quest to achieve both objectives, Collier County government recognizes the importance of growing sports facilities including but not limited to sports parks. The positive consequence of investing in sports facilities is not limited to the promotion of health and physical fitness, but also is a major economic development driver for the County as promoted through the County's sports marketing department. SWFSF intends to make a major investment in Collier County in the form of a soccer complex that will include outdoor fields, an indoor stadium and an outdoor stadium. The intent is that Collier County Government will joint venture with SWFSF in this project, since the County's parks budget is limited. By joint venturing with the private sector, the County will have the opportunity to be a part of a complex it would otherwise not be able to build on its own. The County's participation would be limited to providing a rent abated County site for the facility and support SWFSF efforts to obtain an industrial revenue bond. All other costs of construction and operations will be borne by SWFSF. Since this project is considered an economic development project as well as a parks project, it is unique in nature. The hope is that this will be the first of such sports driven public-private partnerships which in the future could possibly include velo, baseball/softball, swimming, basketball, lacrosse etc. (Commissioner Hiller) Motion to approve and for staff to return to the Board with options Approved — 5/0 F. Recommendation that the Board of County Commissioners adopts a Resolution which would set forth a rotation of the Chair of the Board of County Commissioners and various other Boards. (Commissioner Hiller) Resolution 2013-291 Adopted w/the removal of Paragraph #2 per County Attorney Klatzkow — 5/0 G. Chairwoman's annual report highlighting significant Board accomplishments in Calendar Year 2013. (Commissioner Hiller) Presented H. Appointment of one alternate member to the Collier County Code Enforcement Board. Resolution 2013-293: Appointing Lisa Chapman Bushnell — Adopted 5/0 11. COUNTY MANAGER'S REPORT Page 8 December 10-11, 2013 A. This item continued from the November 12, 2013 BCC Meeting. Recommendation to approve the selection and contract with AVIAREPS for tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved contract, and make a finding that this expenditure promotes tourism. (Jack Wert, Tourism Director) Approved — 5/0 Wednesday, December 11, 2013 To be heard on Wednesday, December 11, 2013 (Per Agenda Change Sheet) B. This item to be heard at 9:30 a.m. Recommendation to award ITB #13-6185 to Gates Construction, Inc., in the amount of $2,248,975.72 for the construction of the "Eagle Lakes Community Center"; authorize the necessary Budget Amendment in the amount of $825,000 and authorize the Chairwoman to execute the contract. (Barry Williams, Parks and Recreation Director) Approved — 5/0 Wednesday, December 11, 2013 C. Recommendation to award Contract No. 13-6138 - Lely Area Stormwater Improvement Project (LASIP), Davis Boulevard Weir and Canal Improvements to D. N. Higgins, Inc., in the amount of $1,764,929 plus a 10% contingency of $176,492.90 on the Purchase Order for a total of $1,941,421.90, Project No. 51101. (Jay Ahmad, Transportation Engineering Director) Motion to approve staffs recommendation for a total of $1,941,421.90 Approved — 4/0 (Commissioner Coyle absent) Wednesday, December 11, 2013 D. Recommendation to award Invitation to Bid # 13-6161, ASR Well 2, in the amount of $2,630,640 to Douglas N. Higgins, Inc., and, authorize a budget amendment in the amount of $2,030,640 for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below USDW Phase 2, Project #74030. (Tom Chmelik, Planning and Project Management Director) Approved — 5/0 (Commissioner Coyle arrived at 9:15 a.m.) E. Recommendation to adopt a resolution authorizing condemnation of those perpetual and temporary easement interests necessary for construction of a replacement bridge on 28th Avenue Southeast over Miller Canal. Estimated fiscal impact: $32,200. (Project No. 60123) (Jay Ahmad, Transportation Page 9 December 10-11, 2013 Engineering Director.) Resolution 2013-294 Adopted — 5/0 F. Recommendation to adopt a resolution amending Resolution No. 2008-353, as amended and supplemented by Resolution No. 2011-190, to further supplement authorization of the condemnation of land and easements necessary for construction of roadway, drainage and utility improvements required for expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road (Project #68056) Estimated fiscal impact: $395,000. (Marlene Messam, Senior Project Manager) Resolution 2013-295 — Adopted 5/0 G. This item to be heard at 3:00 p.m. Recommendation for the Board of County Commissioners to consider the All Terrain Vehicle (ATV) Park Ad Hoc Committee's recommendations with regard to settlement funds. (Nick Casalanguida, Growth Management Administrator) Motion for the $2,965,127.58 settlement balance to be placed in an interest bearing account, to not sunset the ad-hoc committee but use it on an "as -needed basis" and Commissioner Nance contact Miami -Dade County to explore any interest in a possible partnership — Approved 5/0 H. Recommendation to confirm the appointment of Mr. Stephen Y. Carrell to the position of Public Services Division Administrator. (Leo Ochs, County Manager) Approved — 4/1 (Commissioner Henning opposed) Wednesday, December 11, 2013 Moved from Item #16A25 (Per Agenda Change Sheet) I. Recommendation for the Board to consider a Memorandum of Understanding (MOU) with the Community Foundation of Collier County (CFCC) to clarify CFCC and County roles regarding acceptance of donations from the CFCC for the construction of artificial reefs. Approved — 3/2 (Commissioner Hiller and Commissioner Nance opposed) 12. COUNTY ATTORNEY'S REPORT Wednesday, December 11, 2013 Added (Per Agenda Change Sheet) Page 10 December 10-11, 2013 A. Recommendation that the Board of County Commissioners authorizes the County Attorney to enter into a Retainer Agreement with Nabors Giblin & Nickerson to represent Collier County in a $1.9 million overpayment to the Florida Department of Juvenile Justice. Approved — 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Wednesday, December 11, 2013 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule Commissioner Hiller — Feels workshops should be scheduled quarterly Commissioner Henning — Workshop schedule should remain as is Commissioner Hiller — No workshop January 7 t B. Commissioner Henning — Senator Rand Paul's proposal regarding possible beach renourishment federal funding cuts Commissioner Hiller — Requests Commissioner Henning send a letter to Senator Paul regarding any proposed cuts to renourishment funding C. Commissioner Henning — Proposed sod farm in Immokalee Commissioner Nance — Concerns regarding soil removed in farming sod D. Commissioner Fiala — Landscape discussed at February, 2014 workshop E. Commissioner Fiala — Will continue placing her expenses on the agenda F. Commissioner Fiala — Goodland CR92A flooding; will be brought back in January as a Board agenda item G. Commissioner Hiller — Presentation Item 10G will go on County website Commissioner Nance — Motion to accept Commissioner Hiller's presentation Item #10G and supports placing accomplishments on County website — Approved 4/0 (Commissioner Coyle absent) H. Commissioner Nance — Motion to adjourn — Consensus (Commissioner Coyle and Commissioner Henning absent) Page 11 December 10-11, 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. ------------------------------------------------------------------------------------------------------------ Adopted and/or Approved w/changes — 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Regal Acres (Application Number AR -13297) with roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2013-269 2) 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 recording the final plat of Esplanade at Hacienda Lakes Phase One, (Application Number P1,20130002273) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Lipari-Ponziane, Tract FD -2 Replat (PL20130001949). This plat is a re -subdivision of lands within Traviso Bay/Wentworth Estates PUD. Located in Section 32, Township 50 South, Range 26 East 4) Recommendation to authorize the Clerk of Courts to release a Letter of Credit in the amount of $350,896 which was posted as a development guaranty for work associated with Treviso Bay Excavation Permit 59.917 and 59.917-1, AR -6463 and AR -13732. 5) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929541565 issued by Continental Insurance Page 12 December 10-11, 2013 Company on behalf of Lennar Homes, LLC in the amount of $30,641.75 posted as a development guaranty for work associated with Aqua Di Treviso at Treviso Bay, Excavation Permit No. 60.069, Application PL20110001276. 6) 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 recording the final plat of Creekside Commerce Park East, (Application Number AR -8411) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 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 recording the final plat of Tuscany Pointe, (Application Number PPL-PL20130001473) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 8) Recommendation to approve the partial release of a lien in the accrued amount of $79,430.86 for payment of $530.86, in the Code Enforcement Action entitled Board of County Commissioners vs. Elias Nicot, relating to property known as Parcel No. 38552520000, on 37th Avenue NW (no physical address), Collier County, Florida. Because of unabated code violations at 670 20th Street NE a lien was placed on all property owned by the respondent; this partial request is only for a lien on vacant residential property with no code violations under new ownership 9) Recommendation to approve a release of lien in the accrued amount of $102,000 for payment of $2,800 in the Code Enforcement action entitled Board of County Commissioners vs. Ronald Talerico, Code Enforcement Special Magistrate Case Number CEROW20110014889, relating to property at 262 Kirtland Drive, Collier County, Florida. For 509 days of non-compliance for a filled swale on the back of Page 13 December 10-11, 2013 property without a permit or inspections brought into compliance on September 11, 2013 10) Recommendation to approve the release of lien in the accrued amount of $5,827.96 for payment of $1,527.96 in Code Enforcement action entitled Board of County Commissioners vs. Crystal Pepper, Code Enforcement Special Magistrate Case Number CEPM20090011813, relating to property at 3850 Recreational Lane, Collier County, FL For 19 days of non-compliance pertaining to a pool with green water -algae brought into compliance December 1, 2009 11) Recommendation to approve a release of lien in the amount of $21,912.38 for payment of $562.38, in the Code Enforcement Action entitled Board of County Commissioners vs. Teresa Lee Haney, Special Magistrate Case No. CEAU20120004466, relating to property located at 857 105th Avenue N., Collier County, Florida. For 218 days of non-compliance pertaining to a fence in disrepair brought into compliance on May 13, 2013 12) Recommendation to approve a release of lien in the accrued amount of $16,174.79 for payment of $1,874.79 in the Code Enforcement action entitled Board of County Commissioners vs. Chad C. Dixon, Code Enforcement Special Magistrate Case Number CEPM20120016145, relating to property located at 2313 Kings Lake Boulevard, Collier County, Florida. For 59 days of non-compliance pertaining to a pool with green water -algae brought into compliance on May 6, 2013 13) Recommendation to terminate Contracts under #12-5857R for "Nuisance Abatement Services" previously awarded to FA Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc. (Secondary) and award all services to Neal's Lawn and Landscaping Maintenance, Inc.; and authorize the Chairwoman to execute the amendment. As detailed in the Executive Summary 14) Recommendation to approve the 2014 schedule for submittals to amend the Collier County Growth Management Plan (GMP). Page 14 December 10-11, 2013 15) Recommendation to approve an Agreement providing ExxonMobil Oil Corporation access to perform environmental investigations and remediation activities. Fiscal Impact: $44 (Project: #60116) To access property once owned by Exxon that was used as a service station for fuel sales, petroleum and hazardous products which could cause contamination of soil or groundwater on or under the property 16) Recommendation to approve an easement agreement for the purchase of a drainage, access and maintenance easement required for the construction of storm water improvements known as the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project. (Project #51101). Estimated Fiscal Impact: $1,027. For Folio #00404320001 & Folio #00406400000 17) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $8,500. 18) Recommendation to approve final acceptance of water and sewer utility facilities for Verona Pointe, #AR -10279, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or Developer's designated agent. Located in Section 13, Township 48 South, Range 25 East 19) Recommendation to approve final acceptance of the water utility facility for Margood Harbor Park, PL20110002508. Located in Section 18, Township 25 South, Range 27 East 20) Recommendation to approve payment of previously submitted inaccurate invoices from FY12 to Better Roads, Inc., in the amount of $37,929.53, for its application of sidewalk overlay on Pelican Bay Blvd. under the County's Annual Resurfacing Contract #09-5328. 21) Recommendation to approve an Easement Agreement required for the "Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect" segment of the Lely Area Stormwater Improvement Project #51101. Page 15 December 10-11, 2013 Estimated Fiscal Impact: $6,900. Folio #00420560007 22) Recommendation to approve a Purchase Order to Quality Enterprises USA, Inc., for median safety modifications on Collier Boulevard at the entrance to the Forest Glen Golf and Country Club in the amount of $127,272.85 using the Annual Roadway Contractors Agreement (Contract #12-5864). 23) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competitive bidding and increase an existing purchase order in the amount of $15,000 to cover real estate appraisal research fees and expert witness testimony costs anticipated in support of eminent domain litigation for the US -41/ Collier Boulevard Intersection Improvement Project No. 60116. Fiscal Impact: $15,000. 24) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competition required by the Consultants' Competitive Negotiation Act "CCNA" and increase an existing purchase order in the amount of $20,000 to cover engineering fees and expert witness testimony costs anticipated in support of eminent domain litigation for the US -41 /Collier Boulevard Intersection Improvement Project No. 60116. Fiscal Impact: $20,000. Moved to Item #11I (Per Agenda Change Sheet) 25) Recommendation for the Board to consider a Memorandum of Understanding (MOU) with the Community Foundation of Collier County (CFCC) to clarify CFCC and County roles regarding acceptance of donations from the CFCC for the construction of artificial reefs. Added (Per Agenda Change Sheet) 26) Recommendation to approve a release of lien in the amount of $31,330.86, for payment of $23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v. J.P. Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating to property located at 321 7th St. NW, Collier County, Florida. Page 16 December 10-11, 2013 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC), as the Collier County Community Redevelopment Agency (CRA), authorize a budget amendment for a Disaster Recovery Initiative (DRI) subgrant in the amount of $517,300 to fund drainage system improvements and new sidewalks along Colorado Avenue within the Immokalee Community Redevelopment Area. Known as the Colorado Avenue Area Stormwater Improvements 2) Recommendation for the Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), to approve the Amended Immokalee CRA's attached proposed Exit Strategy for the Immokalee Business Development Center (IBDC) and authorize the County Attorney to prepare the necessary documents for future CRA Board consideration. Extending the dissolution of December 31, 2013 to March 31, 2014 to conduct a USDA grant -funded feasibility study for the IBDC 3) Recommendation that the Collier County Board of County Commissioners (BCC), acting in its capacity as the Community Redevelopment Agency (CRA), approve a grant budget amendment in the amount of $150,000, and formally accept an amendment to Community Development Block Grant (CDBG) Subrecipient Agreement #B -10 -UC -12-0016 between the Collier County BCC and the Collier County Community Redevelopment Agency (CRA) (Immokalee) and approve the underlying substantial amendment. For the First Street Plaza (Zocalo) Project 4) Recommendation that the Board of County Commissioners, in its capacity as the Community Redevelopment Agency (CRA), approves a Resolution modifying the CRA Bylaws as it relates to the timing of its annual meeting. CRA Resolution 2013-270 5) Recommendation that the Board of County Commissioners, as the Collier County Community Redevelopment Agency (CRA), approve the attached Change Order 2 to Contract No. 12-5896 between the CRA and David Corban Architects, PLLC for Design Services associated with the First Street Zocalo project in Immokalee. This Page 17 December 10-11, 2013 change is limited to project completion date and has no fiscal impact. Changing a completion date of October 29, 2013 to May 31, 2014 6) Recommendation to award Invitation to Bid (ITB) #13-6067 - Immokalee First Street Public Plaza (a/k/a "Zocalo" or "Placita") to Surety Construction, Inc., in the amount of $576,256 (Collier County Project Number 33192), approve all necessary budget amendments and authorize the Chairwoman to sign the attached contract. C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a Resolution and Satisfactions of Liens for the 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where Collier County has received payment for full satisfaction of the liens. Fiscal impact: $68.50 to record the Satisfactions of Liens. Resolution 2013-271 2) Recommendation to award Invitation to Bid number 13-6179, Project Number 70104 "NCRWTP Sulfuric Acid Injection Improvements for Blowdown Water Disposal," to Mitchell & Stark Construction Company, Inc., in the amount of $673,000. As detailed in the Executive Summary 3) Recommendation to authorize the Utilization of the Competitively Solicited Lee County Award B-130513 - Electric Motor Repair & Replacement services with John Mader Enterprises, Inc., dba Mader Electric Motors for the purchase of pumps and motors in Public Utilities and all other County Divisions. Used by various departments throughout the County 4) Recommendation to approve removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Division in the amount of $26,117.56. Resolution 2013-272 5) Recommendation to approve a work order under Request for Quotation #08-5011-107, in the amount of $377,369, to Douglas N. Higgins, Inc., for the South County Regional Water Treatment Plant Page 18 December 10-11, 2013 Odor Control Blowdown Disposal, Project No. 70104. To meet the demand for potable water D. PUBLIC SERVICES DIVISION 1) Recommendation to approve five (5) satisfactions of mortgage in the amount of $52,652.50 of owner occupied dwelling units that have satisfied terms of their affordability period or for death of the owner. Located at 707 Palm Ridge Street, Immokalee; 502 Breezewood Drive, Immokalee; 412 S 3rd Street, Immokalee; 840 Briarwood Boulevard, Naples and 4132 201h Avenue, Naples 2) Recommendation to approve one (1) mortgage satisfaction for a State Housing Initiatives Partnership (SHIP) loan in the amount of $3,920. Located at 3660 6th Avenue SE, Naples 3) Recommendation to approve two Memorandums of Agreement with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in January and February 2014. The participant rules are listed in the Executive Summary 4) Recommendation to approve the Comprehensive Operational Analysis (COA) for Collier Area Transit. 5) Recommendation to award Invitation to Bid (ITB) #13-6186 to Compass Construction, Inc., in the amount of $931,926 for the construction of the "Vanderbilt Beach Restroom Facilities", authorize the Chair to execute the attached contract, approve the necessary budget amendment, and make a finding that this project expenditure promotes tourism. 6) Recommendation to accept a State Housing Initiatives Partnership Program (SHIP) mortgage and promissory note in the amount of $41,937.21 with a loan term of fifteen (15) years to begin effective 10/5/2009. This is a one-time exception to the 2007-2010 Local Housing Assistance Plan (LHAP) to allow an alternate payment term. Located at 304 Weeks Terrace, Immokalee Page 19 December 10-11, 2013 7) Recommendation to approve an after -the -fact Amendment #4 to the Older Americans Act Title III B contract transferring funds from Transportation to Case Management and In -Home Services and to approve the necessary budget amendment (Net Fiscal Impact: $31,200) Continuing to provide case management and in-home support services to qualified Collier County Seniors 8) Recommendation to approve two State Housing Initiative Program (SHIP) Satisfactions of Mortgage in amounts of $77,000 and $5,500. To obtain a clear title for deeded property Folio #74031520006 9) Recommendation to approve an amendment to Standard Contract between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida to extend the grant period through February 28, 2014 and Attestation Statement as well as authorize necessary budget amendments to reflect estimated funding for the Calendar Year 2014 Older Americans Act Programs (Net Fiscal Impact $778,737) Provides support services for frail elderly clients in the County 10) Recommendation to approve four Disaster Recovery Grant Signature Authority Forms for submittal to the Florida Department of Economic Opportunity in order to reflect the signatures of current staff members. 11) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME and Emergency Solutions Grant (ESG) for Fiscal Year 2012- 2013 as required; approve the CAPER Resolution; and authorize the Chair to certify the CAPER for submission to HUD. Resolution 2013-273 12) Recommendation to acknowledge termination letters from Disaster Recovery Initiative and Disaster Recovery Enhancement Grant subrecipients Collier County Housing Authority (CCHA) and Immokalee Housing and Family Services (IHFS) for projects in the amounts of $1,359,966.72 (2 projects) and $90,000, respectively. Page 20 December 10-11, 2013 Reprogramming of grant funds will be presented to the Board at a future meeting. 13) Recommendation to authorize a budget amendment recognizing $33,900 in program income revenue generated by affordable rental properties acquired under the Neighborhood Stabilization Program (NSP 1). From a multi -family rental complex on Gilchrist Street, Naples 14) Recommendation to authorize a budget amendment recognizing $245,250.26 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP 1). Located at 2820 47th Avenue NE, 3402 Seminole Avenue, 3502 Caloosa Street and 4735 6th Avenue SE, Naples 15) Recommendation to approve substantial amendments to Annual Action Plans for three funding years amending project scopes and funding for various projects utilizing U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Partnership Investment (HOME) funds and approve four subrecipient agreements funded with HUD CDBG funds United Cerebral Palsy of SW FL (UCP); Legal Aid Service of Collier County; Big Cypress Housing Corporation and Boys & Girls Club of Collier County 16) Recommendation to approve and authorize the Chair to sign FYI 3/14 State Aid to Libraries Grant Agreement. Fiscal Impact ($219,000). 17) Recommendation to authorize the County Manager or his designee to enter into a Facility Rental Agreement with the Naples Model Yacht Club, Inc. for the use of the North Collier Regional Park (NCRP) pond during designated dates and times. An agreement January 1, 2014 through December 31, 2014 18) Recommendation to approve a Developer Commitment Agreement with, and convey an easement to, Fifth Third Bank on County property, (Project No. 80065.1) and authorized a $20,250 budget amendment. Folio #61940320009 Page 21 December 10-11, 2013 19) Recommendation to award Invitation to Bid (ITB) #13-6157 Senior Food Program to ILS Group, LLC dba Classic Caterers and authorize the Chairwoman to execute a County Attorney approved contract. Providing home delivered and congregate meal service for the senior nutrition program 20) Recommendation to provide after -the -fact approval for the submittal of a Holiday Wishes grant application to the Petco Foundation for an animal welfare grant in an amount of up to $100,000. If awarded the grant would be used to upgrade adoption areas, improve animal living areas and expand programs 21) Recommendation to approve the recognition of carryforward in the amount of $156,201.04 in Housing Grant Fund 121 and approve the necessary budget amendments. Grant funds received that weren't appropriated by the Board through a budget amendment but used to offset expenditures 22) Recommendation to approve amendment No. 1 to the Community Development Block Grant (CDBG) Agreement between Collier County and the Community Redevelopment Agency (CRA) - Immokalee in order to update budget line items and extend the project completion date. (Fiscal Impact $0) Extending the agreement which provides for an employee to operate the IBDC through February 28, 2014 23) Recommendation to grant a Deed of Conservation Easement to South Florida Water Management District for Oakes Neighborhood Park. Folio #41930520004 24) Recommendation to approve the Collier County University Extension Department's request for funding from the Collier County 4-H Association in the amount of $82,000; approve a subsequent acceptance of requested funds; authorize the Chair to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. Beginning January 2014 through December 2014 Page 22 December 10-11, 2013 25) Recommendation to approve an amendment to the Home Care for the Elderly (HCE) agreement between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida increasing funding by transferring funds between budget lines for year two (2013-2014). (Net fiscal impact is $6,254) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award Bid #13-6111 "Annual Contract for Painting Contractors" and contracts to Cover All, Inc., d/b/a Ron's Jons Porta Potty Rental; Florida Service Painting, Inc., d/b/a Service Painting of Florida; and FA Remodeling and Repairs, Inc. for painting contractor services. For various County facilities though out the County 2) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2014 in the estimated amount of $776,056 to SunLife Insurance Company. As the current Stop Loss coverage expires on December 31, 2013 3) Recommendation to approve the Collier County Government Employee Benefit Plan Document, Flexible Benefits Plan Document and Health Reimbursement Arrangement Document effective January 1, 2014. Envision, Inc. is the Pharmacy Benefit Management Company 4) Recommendation for the Board to authorize the necessary Budget Amendment in the amount of $45,842 for unanticipated building repairs related to the EMS #3 Helicopter Operations Hanger. Various issues and damages that require a contractor's repair 5) Recommendation to approve a Memorandum of Understanding between Collier County and Edison State College in support of Emergency Management activities related to natural and manmade hazards emergency response. Coordinating relief efforts in a time of disaster 6) Recommendation to award Bid #13-6057 "On -Call Mechanical Contractor Services" to Johnson Controls, Inc. as primary vendor and Conditioned Air Corporation of Naples, Inc., as secondary vendor, for Page 23 December 10-11, 2013 Mechanical Engineering and Contractor Services and authorize the Chair to sign the Contracts. For maintenance, repair, replacement and construction of County owned facilities of all HVAC equipment 7) Recommendation to recognize carryforward from accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of $1,161.82. 8) Recommendation to approve the use of Contract #12-5846 Contract Laborers with Balance Staffing within Board approved operating budgets. 9) Recommendation to accept reports and ratify staff -approved change orders and changes to work orders. For the period of October 18, 2013 through November 19, 2013 10) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement with Florida Department of Health to settle an administrative complaint captioned Florida Department of Health v. Collier County EMS (Case No.: 2013-06440) for $1,500. The ALS License expired on April 18, 2013 and an application was due 30 days prior to expiration of the license 11) This item continued from the November 12, 2013 BCC Meeting. Recommendation to authorize the County Manager and staff to use Federal GSA schedules (i.e. Schedule 70 and 1122 Program); State of Florida Contracts, Agreements and Price Lists; competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums; and, competitive solicitations from State of Florida cities, counties, and other public municipalities (i.e. Sherriff's Association) for the efficient purchase of goods and services for the delivery of public services and for which funds were approved in operating budgets. F. COUNTY MANAGER OPERATIONS 1) This item continued from the October 22, 2013 BCC Meeting. Recommendation to approve an amendment to the Tourism Travel Page 24 December 10-11, 2013 Expense Resolution 2006-40 related to County Purchasing Card limits consistent with the County Purchasing Policy and make a finding that this item promotes tourism. Resolution 2013-274 2) Recommendation to approve a refund of an Affordable Housing Contribution to Naples Nissan, totaling $23,788.50, due to removal of an Affordable Housing Contribution commitment from the Pine View Commercial Planned Unit Development. As detailed in the Executive Summary 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. Resolution 2013-275 4) Recommendation to approve the attached agreements with Haynes Corporation for economic incentives, consistent with the company's approved incentive application, as directed by the Board of County Commissioners at the June 11, 2013 regular meeting. The incentives are detailed in the Executive Summary 5) Recommendation to authorize the payment of impact fees, permit fees and associated charges in the amount of $16,041.16 from Fund 107, Impact Fee Administration, for Building Permit No. 2006062448. Allowing the property to meet compliance and residential real estate taxes to be collected G. AIRPORT AUTHORITY 1) Recommendation to authorize the Chairwoman to execute the attached Resolution authorizing the suspension of hangar rent, tie - down, and other applicable use agreement fees at the Marco Island Executive Airport during the time period that the Airport is closed for the rehabilitation construction of Runway 17/35. AA Resolution 2013-276 2) Recommendation that the Board of County Commissioners acting as the governing body of the Collier County Airport Authority approve and authorize the County Manager or his designee to execute the Page 25 December 10-11, 2013 attached standard tie -down agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. 3) Recommendation that the Board of County Commissioners acting as the governing body of the Collier County Airport Authority approve and authorize the County Manager or his designee to execute the attached standard t -hangar lease agreements for Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. Withdrawn (Per Agenda Change Sheet) 4) Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Invitation to Bid (ITB) # 13-6171 Sod Harvesting at Immokalee Airport for a minimum license fee of Twenty Thousand Dollars ($20,000) per year to Florida Sod, Inc., and authorize the Chairwoman to sign the attached Sod Harvesting License Agreement, pending FAA approval. H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating November 2013 as Pancreatic Cancer Awareness Month in Collier County. Proclamation will be mailed to the Pancreatic Cancer Action Network. Sponsored by the Board of County Commissioners. Adopted 2) Proclamation recognizing the 20th Anniversary of Marco Movies Cineplex. To be presented by Commissioner Fiala on December 13, 2013. Sponsored by Commissioner Fiala. Adopted 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Association Installation Banquet on December 3, 2013. The sum of $55 to be paid from Commissioner Fiala's travel budget. Held at The Island Country Club, 500 Nassau Road, Marco Island 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Chamber of Commerce Christmas Gala on Page 26 December 10-11, 2013 December 8, 2013. The sum of $75 to be paid from Commissioner Fiala's travel budget. Held at Bistro Soleil Restaurant, 100 Palm Street, Marco Island 5) Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2013-277: Reappointing Mark S. Weber to a term expiring November 13, 2017 6) Appointment of member to the Collier County Citizens Corps. Resolution 2013-278: Appointing Rachelle Wood to serve the remainder of a term expiring November 5, 2014 7) Appointment of members to the Development Services Advisory Committee. Resolution 2013-279: Reappointing James Boughton, Clay Brooker, Stan Chrzanowski and Chris Mitchell with all terms expiring December 14, 2017 8) Appointment of member to the Public Safety Authority. Resolution 2013-280: Appointing Ronald Myers to serve the remainder of a term expiring July 2, 2016 9) Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2013-281: Appointing Ian J. Butler to a term expiring May 22, 2017 10) Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Resolution 2013-282: Reappointment of James Hughes to a term expiring December 31, 2015 11) Appointment of member to the Immokalee Enterprise Zone Development Agency/Community Redevelopment Agency Advisory Committee. Resolution 2013-283: Appointing Frank Nappo to represent the nonprofit/community-based organization category for a term expiring April 4, 2015 Page 27 December 10-11, 2013 12) Appointment of member to the Housing Finance Authority. Resolution 2013-284: Appointing Glen D. Harrell representing the commerce/labor category to serve the remainder of a term expiring September 11, 2015 13) Appointment of member to the Parks and Recreation Advisory Board. Resolution 2013-285: Reappointing McMurdo Smith in the urban area category to a term expiring December 31, 2017 14) Reconsideration request by Commissioner Hiller regarding November 12, 2013 Item 17C, moved to Item 9D which reads: Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is Collier County Consolidated Impact Fee Ordinance, providing modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain approval for disbursements for the period of November 1, 2013 to November 7, 2013 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of November 8, 2013 through November 14, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of November 15, 2013 through November 21, 2013 and for submission Page 28 December 10-11, 2013 into the official records of the Board. 4) To obtain Board approval for disbursements for the period of November 22, 2013 through November 28, 2013 and for submission into the official records of the Board. 5) Recommendation to accept the report of interest for the fiscal year ending September 30, 2013 pursuant to Florida Statute 218.78 and Purchasing Policy XII.E; for the year ending September 30, 2013 no interest was requested or paid. 6) Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2009 Funds for Voting Accessibility for Individuals with Disabilities in the amount of $8,636.33. 7) Request that the Board of County Commissioners accepts and approves capital asset disposition records for the time period July 1, 2013 through September 30, 2013. 8) To provide the Board of County Commissioners, acting as the Collier County Airport Authority, the Clerk of the Circuit Court's Office Audit Report 2014-1 FAA Grants —Runway Rehabilitation Projects issued on December 4, 2013. K. COUNTY ATTORNEY 1) Recommendation to ratify and approve a stipulated Final Judgment as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13 -CA -238 as part of US41/Collier Boulevard Intersection Improvement Project. (Project No. 60116) Fiscal Impact: $5,000. Folio #34520001005 2) Recommendation to approve a Mediated Settlement Agreement and a Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Page 29 December 10-11, 2013 Case No. 13 -CA -238 (US 41/SR-CR-951 Intersection Improvement Project #60116). (Fiscal Impact: $339,303) Folio #00724680007 3) Recommendation to approve an Amendment to an Agreement for Legal Services for the Retention Agreement with Hopping Green & Sams by amending Exhibit "A." Listed as an attachment to the Executive Summary 4) Recommendation to approve and authorize the Chair to execute a mediated Settlement Agreement in the lawsuit of Darling Elie v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07 -1463 -CA for the sum of $400,000 and authorize the requested budget amendment for the Risk Management Department pursuant to the settlement terms. From an accident occurring October 12, 2004 5) Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII, Paragraph H) to waive competitive bidding and increase an existing purchase order in the amount of $125,000 to cover attorney fees anticipated in support of eminent domain litigation for the US -41 / Collier Boulevard Intersection Improvement project (Project No. 60116) and to approve the attached amendment with Smolker Bartlett Schlosser Loeb and Hinds, P.A. to allow for the reimbursement of lodging fees incurred during trial not to exceed a total of $5,000. Fiscal Impact $125,000. ------------------------------------------------------------------------------------------------------------ 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 - Page 30 December 10-11, 2013 JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. ----------------------------- Adopted — 5/0 A. This item requires that ex parte disclosure be provided by Commission members Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 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 for a project previously known as the Bradford Square Mixed Use Planned Unit Development (MPUD) to a new MPUD which will continue to be known as the Bradford Square MPUD, to allow construction of either 100,000 square feet of gross leasable office or retail with up to 10 residential dwelling units or to allow construction of group housing for seniors for up to 130 units with a floor area ratio of 0.50 on property located on the northeast corner of the intersection of Vanderbilt Beach Road and Livingston Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.18+/- acres; providing for the repeal of Ordinance Number 07-41, the former Bradford Square MPUD; and by providing an effective date. (PUDZ-A-PL20130000266) Ordinance 2013-64 B. This item requires that ex parte disclosure be provided by Commission members Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 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 for a project previously known as the Cocohatchee River Trust Planned Unit Development (PUD) which is henceforth to be known as the Bay House Campus CPDD, to remove the Special Treatment Overlay and to allow 400 seats of restaurant/cocktail lounge, a 50 room hotel or motel, and 4,500 square feet of gross floor area of accessory retail uses including a culinary school, specialty retail and restaurant/brew house on property located in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 8.67 +/- acres; Page 31 December 10-11, 2013 providing for the repeal of Ordinance Number 88-30, the Cocohatchee River Trust PUD; and by providing an effective date. (PUDZ-A-PL20120001593) Ordinance 2013-65 C. This item requires that ex parte disclosure be provided by Commission members Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20130002148, to disclaim, renounce and vacate the County and the public interest in the 5 -foot utility easement being a part of lot 418, Riviera Golf Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the public records of Collier County, Florida, also being a part of Section 18, Township 50 South, Range 26 East, Collier County, Florida. Resolution 2013-286 D. This item requires that ex parte disclosure be provided by Commission members Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve 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 comprehensive zoning regulations for 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 within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) for a project known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25 residential dwelling units and up to 38 boat slips on property on the Golden Gate canal south of Bear's Paw in Section 35, Township 49 South, Range 25 East, Collier County, Florida consisting of 10.75± Acres; and by providing an effective date. (Petition number RZ-PL20120002095) Ordinance 2013-66 E. Recommendation to adopt an ordinance amending Ordinance No. 90-105, as amended, known as the Collier County Contractors' Licensing Board Ordinance, in order to apply recent revisions to Chapter 489, Florida Statutes, with an effective date of January 1, 2014. Ordinance 2013-67 Page 32 December 10-11, 2013 F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. Resolution 2013-287 G. Recommendation to adopt an Ordinance Amending Ordinance No. 97-82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, so as to allow for additional right-of-way improvements. Ordinance 2013-68 H. Recommendation to adopt a Resolution proposing amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Potable Water subelement of the Public Facilities Element to amend Policy 1.7 to reference the updated Ten Year Water Supply Facilities Work Plan, and furthermore recommending transmittal of the amendment to the Florida Department of Economic Opportunity. (Transmittal Hearing: CPSP-2013-7) Resolution 2013-288 I. Recommendation to approve a Resolution amending the Collier County Water -Sewer District's Utilities Standards Manual. Resolution 2013-289 J. Recommendation that the Board of County Commissioners enacts a new Purchasing Ordinance, and that until a Purchasing Manual is approved by the Board, that the present Purchasing Policy with respect to all purchases under $50,000 continue in full force and effect, as amended by this Ordinance. Ordinance 2013-69 18. ADJOURN — Consensus (Commissioner Coyle and Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 33 December 10-11, 2013