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Backup Documents 09/25-26/2012 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority yI/ r y Azov* a~� c,1 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 25-26, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Vice-Chair Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 September 25-26, 2012 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 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes — 5/0 B. August 24, 2012 - BCC/Emergency Meeting (Tropical Storm Isaac) Approved as presented — 5/0 C. September 6, 2012 - BCC/Budget Hearing Approved as presented — 5/0 Page 2 September 25-26,2012 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Timothy Stick, Building Review & Permitting Presented 2) 25 Year Attendees a) David Streit, Water Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation congratulating Collier County Emergency Medical Services for receiving accreditation from the Commission on Accreditation of Ambulance Services (CAAS) for its compliance with national standards of excellence. To be accepted by Robert Tober, M.D. Sponsored by Commissioner Coyle. Adopted — 5/0 B. Proclamation designating October 2, 2012 as Livestrong Day in Collier County. To be accepted by Jennifer Sam, Southwest Florida Livestrong Leader. Sponsored by Commissioner Coletta. Adopted — 5/0 C. Proclamation recognizing and congratulating Arthrex, Inc., on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Michael Dock, CSP, EHS Manager and Rick Novak, Machine Operator and Green Team Leader. Sponsored by the Board of County Commissioners. Adopted — 5/0 5. PRESENTATIONS A. Recommendation to recognize Nancy Frye, Technician, Traffic Engineering Department, as the Employee of the Month for August, 2012. Page 3 September 25-26,2012 Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Stan Chryznowski—History of FEMA Flood Maps in Collier County followed by Board discussion; Directing Chairman to send a letter to county legislative representatives concerning matter— Consensus B. Michael Ramsey — FEMA flood elevations in Golden Gate Estates C. Doug Fee—An agreement between Collier County and Audubon Country Club regarding their preserve management plan and compliance on code violations Item 8 and 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 has been continued from the June 18, 2012 BCC Meeting, then again from the September 11, 2012 BCC Meeting. Recommendation of Reconsideration of CP-2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the Immokalee Urban Area. Motion to request a 6 month extension from DEO — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) Page 4 September 25-26, 2012 B. Time Certain 5:05 PM: Bayshore Trianj'le CRA Amendments and Wellfield and related Amendments will be heard. Recommendation to consider the following Land Development Code Amendments: An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 —Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three — Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four— Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five — Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six — Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine —Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized; Chapter Ten —Application, Review, and Decision- making Procedures, including Section 10.01.02 Development Orders Page 5 September 25-26,2012 Required, Section 10.02.03 Submittal Requirements for Site Development Plans, Section 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A— Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Ordinance 2012-38 Adopted - 5/0 An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter 2 — Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four— Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the BMUD-Neighborhood Commercial Subdistrict, Section 4.02.17 Design Standards for Development in the BMUD-Waterfront Subdistrict, Section 4.02.18 Design Standards for Development in the BMUD-Residential Subdistrict (R1), Section 4.02.19 Design Standards for Development in the BMUD-Residential Subdistrict (R2), Section 4.02.20 Design Standards for Development in the BMUD- Residential Subdistrict (R3), Section 4.02.21 Design Standards for Development in the BMUD-Residential Subdistrict (R4), Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD- Residential Subdistrict (R); Chapter Ten—Application, Review, and Decision-making Procedures, including, Adding Section 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area; Section Four, Conflict and Severability; Section Five, Page 6 September 25-26, 2012 Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Motion to approve CRA Amendments — Failed 3/2 (Commissioner Hiller and Commissioner Henning opposed); Motion to reconsider— Approved 4/1 (Commissioner Hiller opposed); Motion to accept CRA LDC amendments except nonconformities — Approved 4/1 (Commissioner Hiller opposed); Motion to approve Wellfield Amendments— Approved 4/1 (Commissioner Hiller opposed) Ordinance 2012-39 Adopted w/changes - 5/0 (Bayshore CRA and Wellfield Amendments) 10. BOARD OF COUNTY COMMISSIONERS To be heard immediately before Item #14A1 (Per Agenda Change Sheet) A. Request for reconsideration by Commissioner Hiller of Item #14A1 from the September 11, 2012 BCCMeetinji titled: Recommendation to approve after-the fact acceptance of a Federal Aviation Administration (FAA) grant offer of$713,565 for design, permitting and bidding of Runway #9-27 pavement restoration at the Immokalee Regional Airport, and associated budget amendments. Motion to reconsider— Failed 2/3 (Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed); Commissioner Hiller wants her vote on 9/11/2012, Item #14A1 changed to a "No" vote. B. Request for reconsideration by Commissioner Henninji of Item #9A from the September 11, 2012 BCCMeetinj titled: Recommendation of Reconsideration of CP-2008-5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re-designation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to Page 7 September 25-26,2012 show the re-designation of the 103 acres to the Immokalee Urban Area. (This item was continued from the September 11, 2012 BCC Meeting and appears on this agenda as Item #9A) Motion to reconsider - Failed 2/3 (Commissioner Fiala, Commissioner Coletta and Commissioner Coyle opposed) C. Appointment of members to the Immokalee Beautification MSTU Advisory Committee. Resolution 2012-171: Reappointing Norma Ramirez and Maria V. Ortiz — Adopted 5/0 D. Appointment of members to the Affordable Housing Advisory Committee. Resolution 2012-172: Reappointing Christian Davis (in local government jurisdiction) Patricia C. Fortune (for-profit housing provider) and Appointing Alan Hamisch (low-income advocate with the term expiring November 8, 2014) — Adopted 5/0 E. Appointment of member to the Collier County Planning Commission. Declared a vacancy on the Planning Commission F. Appointment of member to the Environmental Advisory Council Resolution 2012-173: Appointing Gary McNally (Non-technical member) — Adopted 5/0 G. Appointment of two Board of County Commissioners to the Value Adjustment Board, with one Commissioner to act as Chairman. The remaining Commissioners to serve as alternates. Resolution 2012-174: Appointing Commissioner Hiller and Commissioner Coyle with remaining Commissioners to serve as Alternates — Adopted 5/0 H. Recommendation to appoint a County Commissioner to serve on the Southwest Florida Regional Planning Council. Resolution 2012-175: Appointing Commissioner Henning —Adopted 5/0 To be heard at 1:05 p.m. (Per Agenda Change Sheet) I. To give the Board of County Commissioners an update on the RESTORE Act Meeting held on September 19, 2012 - Commissioner Fiala. Page 8 September 25-26, 2012 Motion for County Attorney to draft interlocal agreement with consortium — Approved 4/1 (Commissioner Hiller opposed); Motion to appoint Commissioner Fiala as primary representative and secondary person to be recommended by County Manager— Approved 3/2 (Commissioner Henning and Commissioner Hiller opposed) Wednesday, September 26, 2012 J. The annual performance appraisal of the Executive Manager to the Board of County Commissioners. Motion to direct County Attorney to find a resolution to Mr. Mitchell's request—Approved 4/1 (Commissioner Hiller opposed); Motion for the County Manager to bring back several options for considerations — Approved 5/0 K. Consideration of an impending vacancy on the Collier County Planning Commission for the District 5 Representative. Motion to advertise the vacancy and bring back at the second meeting in October - Approved 5/0 11. COUNTY MANAGER'S REPORT A. Recommendation to award Agreement #12-5901 for Construction Engineering and Inspection (CEI) and Related Services for US41 & SR/CR 951 Intersection Improvements and SR951 (Collier Boulevard) 3R Improvements"; to Atkins, North America, Inc.: Project No. 60116, Fiscal Impact $1,748,086.25. (Marlene Messam, Growth Management Sr. Project Manager) Approved — 5/0 B. Recommendation to award a construction contract in the amount of $1,381,990.36 to Bonness, Inc. and reserve 10% ($138,199.04) on the purchase order for contingency, for a total of$1,520,189.40 for ITB #12-5946 "LASIP Outfalls 3 and 4 Canals Stormwater Improvements", Project No. 51101. (Jay Ahmad, Transportation Engineering Director) Approved — 5/0 C. This item to be heard at 10:00 a.m. Recommendation to approve an Emergency Truck Haul beach renourishment for a portion of Vanderbilt and Naples beaches; approve a six year design and permitting plan for the Page 9 September 25-26,2012 FY2013/14 Vanderbilt, Park Shore and Naples beach renourishment; and direct the County Manager or designee to review the scope of the Marco Island Beach re-nourishment and discuss options with the Coastal Advisory Committee (CAC), Tourist Development Council (TDC) and Marco Island with respect to a commensurate level of renourishment consistent with county wide funding reductions. (Bill Lorenz, Growth Management Comprehensive Planning Director) Motion for staff to pursue bids for three methods of receiving sand for the renourishment for sand harvesting and six year renourishment instead of a ten year—Approved 5/0; Motion to approve staff s recommendations regarding South Marco Island Beach renourishment plan (6 year) —Approved 5/0 Withdrawn (Per Agenda Change Sheet) D. This is a quasi-judicial hearing. This item requires that ex parte disclosure be provided by commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Dan Summers, Bureau of Emergency Services) Withdrawn (Per Agenda Change Sheet) E. Recommendation to approve Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for the Star Mobile Home Park located at 1507 Immokalee Drive, Immokalee, Florida. (Diane Flagg, Code Enforcement Director) F. Recommendation to approve purchase of Group Dental Insurance through Cigna Dental Plan, Inc. for a two year period effective January 1, 2013 for an estimated annual premium of$1,626,697, a reduction of$103,824. (Jeff Walker, Risk Management Director) Approved — 5/0 G. Recommendation to approve the purchase of Liability, Automobile, Workers' Compensation, Flood, Aircraft, Airport and other insurance coverage and services for FY 2013 in the annual amount of$1,325,228, a reduction of$37,923. (Jeff Walker, Risk Management Director) Approved — 5/0 Page 10 September 25-26,2012 Wednesday, September 26, 2012 H. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) Motion to accept performance evaluation — Approved 5/0; Motion to give a 10% merit pay increase—Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) Wednesday, September 26, 2012 I. Recommendation the Board of County Commissioners indicates its intent to extend the County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the first extension term as September 30, 2015, and amending the Agreement to comport with Ch. 2011-143, Florida Statutes. (Leo E. Ochs, Jr., County Manager) Approved — 4/1 (Commissioner Hiller opposed) Moved from Item #16A7 (Per Agenda Change Sheet) J. Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. Motion to remand back to the CCPC for review — Approved 5/0 Added (Per Agenda Change Sheet) K. Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of County Commissioners and Office of the County Attorney into Fiscal Year 2013, allowing for final revisions to the proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9, 2012. Resolution 2012-176 Adopted — 5/0 Moved from Item #16D9 (Per Agenda Change Sheet) L. Recommendation to comply with a Housing and Urban Development (HUD) payback disbursement directive of Federal Funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project sub-awarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. Approved — 5/0 12. COUNTY ATTORNEY'S REPORT Page 11 September 25-26, 2012 A. 11:30 a.m. Time Certain. This item to be heard immediately precedinj the Closed Attorney-Client Session. That the Board consider a Settlement Agreement in the lawsuits entitled, Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223., and authorize the Chairman to execute the Settlement Agreement. Discussed and preceded to closed session B. 12:00 Noon. Time Certain Notice of Closed Session. Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in Closed Attorney- Client Session on TUESDAY, SEPTEMBER 25, 2012. The session will be held at a time certain of 12:00 noon, in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in Closed Executive Session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. Closed Session C. 1:00 p.m. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223. Motion to send to CCPC for review with no limitations on their recommendations—Approved 5/0 Wednesday, September 26, 2012 D. The Annual Performance Appraisal for the County Attorney. Motion to accept performance appraisal — Approved 5/0 Wednesday, September 26, 2012 Page 12 September 25-26,2012 E. Recommendation that the Board of County Commissioners reviews and approves the proposed FY2012 - 2013 Action Plan for Jeffrey A. Klatzkow, County Attorney. Approved — 5/0 Wednesday, September 26, 2012 F. Recommendation the Board of County Commissioners indicates its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, fixing the end date of the second extension term as September 30, 2015, and amending the Agreement to comport with Ch. 2011-143, Florida Statutes. Approved — 3/2 (Commissioner Hiller and Commissioner Coyle opposed) 13. OTHER CONSTITUTIONAL OFFICERS A. This item continued from the July 24, 2012 BCCMeetinj'. Recommendation to approve and authorize the Chairman to sign an Agreement Authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Valencia Lakes Subdivision. Approved — 5/0 B. Recommendation to discuss Item #11E from the Board's September 11, 2012 agenda regarding "Wastewater Basin Program" contracts. Motion to continue to the October 9, 2012 Meeting — Approved 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation to approve the Selection Committee rankings for RFP #12-5885 for Engineering Consulting Services for the Design, Permitting and Bid of Immokalee Regional Airport and Marco Island Executive Airport Runway Rehabilitation and direct staff to bring a negotiated contract to the Board for subsequent approval. Approved —3/2 (Commissioner Hiller and Commissioner Henning opposed) Page 13 September 25-26,2012 B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS No Discussion 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 with changes — 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve Change Order No. 4 to Contract #09-5278 for an additional 942 days with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to US 41 and SR/CR 951 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway improvements to SR951; Project #60116; Fiscal Impact: $0.00. FDOT and staff have agreed project phases should be contracted simultaneously to allow flexibility between different funding sources and with construction anticipated to begin in FY14 2) Recommendation to approve an Adopt-A-Road Program Agreement for Devonshire Boulevard from Santa Barbara Boulevard to Radio Road for the volunteer group, The Peppe Fox Partners. This is a month-to-month and an at-will agreement 3) Recommendation to approve the release of lien in the amount of $3,612.29 for payment of$562.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Palmira Munoz, Code Enforcement Case Number CESD20100018348, relating to property located at 2051 44th Terrace SW, Collier County, Florida. Based on 14-days of accrued fines for an unpermitted shed brought into compliance in April, 2011 Page 14 September 25-26,2012 4) Recommendation to authorize a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of$74,159.20 and to authorize a refund of $11,272.35 from the Countywide Pathways fund. Revenue collected as payment-in-lieu, review fees and fair share payments and refunding Ashley Rentals, LLC for payment-in-lieu for a project that was subsequently cancelled 5) Recommendation to grant final approval of private roadway and drainage improvements for the final plat of Valencia Lakes —Phase 4-A, PPL-AR3124 with roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-164 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 Piacere —Pavia, Tract FD2 Replat, Application Number PL20120001564. The Developer must have a Certificate of Adequate Public Facilities prior to issuance of the final approval letter and plat recordation Moved to Item #11J (Per Agenda Change Sheet) 7) Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. 8) Recommendation to declare Fisher Scientific as sole source vendor and request authorization to purchase a Dionex Ion Chromatogram Capillary System in the amount of$58,270.53 for the Natural Resources Department. Replacing an outdated machine to save staff time and improve accuracy in the testing of drinking, waste & environmental water 9) Recommendation to ratify the County Manager's determination of the existence of a local shoreline emergency at the Pelican Bay Southern Beach Facility in the vicinity of FDEP Monument R-41 and to allow Page 15 September 25-26,2012 temporary emergency mitigation and repair activities without requiring a Florida Department of Environmental Protection permit. The Pelican Bay Foundation will incur costs for the emergency repair to temporarily stabilize a bank at Clam Pass Beach that has significantly shifted over the past two to three weeks B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve Contract #12-5863 between the Collier County Community Redevelopment Agency (CRA) and URS to perform Construction Engineering Inspection (CEI) Services for the Immokalee Downtown Stormwater Improvement Project. (Fiscal Impact: $67,950). In accordance with CDBG Grant #10DB-D4-09-21-01-K09, Project #33130 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Lease Agreement with Smith Plastering, Inc., permitting them to operate a local, owner operated business on CRA owned property located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle. For the term September 25, 2012 to September 25, 2014 at the rate of$1,500 month that increases 3% a year and includes a (1) year extension provision 3) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. ($2,443.41) For a sliding glass door and window replacement on residential property at 2631 Shoreview Drive, Naples 4) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. ($853.37) Page 16 September 25-26,2012 To replace stucco and wood and for a new fence on residential property at 2579 Shoreview Drive, Naples C. PUBLIC UTILITIES DIVISION Withdrawn (Per Agenda Change Sheet) 1) Recommendation to approve a time and materials contract with Agnoli Barber & Brundage in the not-to-exceed amount of$243,631 for Request for Proposal #12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. 2) Recommendation to approve the annual rate resolution to establish fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for FY13. This resolution adopts the rates that fund the FY13 Budget for solid waste collection and disposal. Resolution 2012-165 3) Recommendation to approve a contract with Johnson Engineering, Inc., in the not-to-exceed amount of$234,470 for Request for Proposal #12-5919, "Utility Design Engineering Services ,U.S. 41 from CR951 to Greenway Road", Project Numbers 70045 and 73045. Relocating water and wastewater infrastructure in the area to accommodate the FDOT road widening project D. PUBLIC SERVICES DIVISION 1) Recommendation to recognize the transfer of responsibilities as Lead Agency from Collier County Housing, Human and Veteran Services (HENS) to Collier County Hunger and Homeless Coalition (HHC) as they are designated the Collaborative Applicant/Lead Agency for the purposes of submitting Continuum of Care grant applications to the U.S. Department of Housing and Urban Development. The recently HEARTH Act (Homeless Emergency Assistance & Rapid Transition to Housing) passed by Congress eliminates the lead agency role and places new guidance on membership and structure of continuum of care programs nationwide Page 17 September 25-26,2012 2) Recommendation to authorize the Chairman to sign Agreement #12-5944, Child Advocacy Agreement for Mandated Services with the Collier County Child Advocacy Council, Inc., to provide for mandated services identified under Florida Statute 39.304(5). The agreement will have a fiscal impact of$70,000. Providing initial medical exams for allegedly abused, neglected, or abandoned children in the county for a 1-year period beginning October 1, 2012 and includes three (3) 1-year renewal options 3) Recommendation to accept Library Services and Technology Act (LSTA) Grant "Collier Connects" funds in the amount of$27,154; a partial match contribution from Friends of the Library in the amount of$3,800; approve balance of local match from the Libraries General Fund (001) in the amount of$11,373, approve E-Government Policy and Library partnership with Access Florida. Funds used to purchase computer equipment, supplies and contract trainers that will teach computer skills at the Immokalee, East Naples and Estates Branch Libraries 4) Recommendation to approve and execute a five-year Joint Participation Agreement (JPA) with Florida Department of Transportation in the amount of$1,776,556 under State Transit Block Grant Program Contract #AQQ16 providing for State funding for eligible Collier County public fixed-route transit administrative, management and operational expenses in the amount of$888,278 as well as a FY2012/2013 local match in the amount of$888,278. Resolution 2012-166 Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet) 5) Recommendation to accept the Conservation Collier Annual Report. Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet) 6) Recommendation to approve and authorize the Chairman to execute a Resolution repealing Resolution No. 2009-296 and establishing a revised Collier County Public Library Fees and Fines Schedule. 7) Recommendation to award Bid #12-5900 to Quality Enterprises USA, Inc., in the amount of$594,692.86 for the construction contract of the Bayview Park Phase II & III Project No. 80060, authorize budget Page 18 September 25-26, 2012 amendments totaling $369,355.83 and authorize the Chairman to sign the County Attorney approved contract. Work includes modification, upgrades and increase to the number of parking spaces; electrical service, lighting & landscape and stormwater drainage improvements 8) Recommendation to approve the award of Contract #12-5868 in the amount of$359,745 and authorize the Chairman to execute an agreement with Q. Grady Minor and Associates, P.A., for "On-Call Construction Engineering and Inspections (CEI) and Related Services" for the Gordon River Greenway Park, Goodlette-Frank and Golden Gate Parkway, Project Number 80065. Overseeing construction on the estimated $9 million project Moved to Item #11L (Per Agenda Change Sheet) 9) Recommendation to comply with a Housing and Urban Development (HUD) payback disbursement directive of Federal Funds in the amount of$500,000 for a Community Development Block Grant (CDBG) project sub-awarded to Habitat for Humanity (HFH) and authorize any necessary budget amendments. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve an Amendment to the Antenna Site Agreement with SBA Towers II, LLC, related to the communications tower Agreement for the County's SafePoint Location System, a component of the County's 800 MHz public safety radio network, at a first year's estimated utility cost of$540. Leasing a portion of a site at 19665 Immokalee Road, Immokalee 2) Recommendation to approve a budget amendment in the amount of $2,890,000 from Fund 517, Group Health and Life Insurance Reserves, to pay anticipated claim expenses for remainder of FY12. Claims paid were higher than those forecasted in FY12 due to eleven (11) catastrophic claims exceeding $3,200,000 3) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Road Safe Traffic Systems, Inc. Page 19 September 25-26,2012 to McShea Contracting, LLC, as it relates to Contract #10-5410, "Roadway Paint, Thermoplastic Markings and Raised Markers". Staff was notified by RoadSafe that they were terminating work in South Florida 4) Recommendation to approve an amendment to the Agreement for Medical Examiner Services which will extend the term of the Agreement to September 30, 2013, amend the operating cost, as well as costs relating to Information Technology and General, Property, and Liability insurances for FY2013. Extends the agreement with Dr. Marta U. Coburn, M.D. and provides $1,077,800 for costs associated with the ME Office F. COUNTY MANAGER OPERATIONS 1) Recommendation to acknowledge receipt of the Workforce Services Plan, submitted by the Southwest Florida Workforce Development Board, Inc. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011-12 Adopted Budget. Resolution 2012-167 3) Recommendation to approve, and authorize the Chairman to sign, a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida, Inc., to provide funding in the amount of$75,000 in Fiscal Year 2013. G. AIRPORT AUTHORITY Withdrawn (Per Agenda Change Sheet) 1) Recommendation to approve a License Agreement with United Circus Operating Co., Inc. d/b/a The Kings Bros. Circus at the Immokalee Airport for a one (1) day circus event. H. BOARD OF COUNTY COMMISSIONERS Page 20 September 25-26,2012 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving as a Valid Public Purpose. She attended the East Naples Merchant Association's cocktail party September 15, 2012. The sum of$20 to be paid from Commissioner Fiala's travel budget. Held at The Classics Country Club in Lely Resort MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. 2) Advisory Board minutes and agendas to file with action as directed. Document(s) have been routed to all Commissioners and are available for review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 1, 2012 through September 7, 2012 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairman to execute a Settlement and Judgment Agreement Order prior to trial in the lawsuit entitled Board of County Commissioners Collier County v. Jeffrey Lillard, filed in the Twentieth Judicial Circuit in and for Collier County, Florida. (Case No. 11-03359 -CC) for the sum of$2,844.75. For May, 2011 vehicle damage to a light pole on Bayshore Drive 2) Recommendation to approve and authorize the Chairman to execute a mediated Settlement Agreement prior to trial in the lawsuit entitled Simina Moldovan v. Collier County, and Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 09-4781-CA) for the sum of$1,200. For a March, 2008 rollerblading accident at Eagle Lakes Park Page 21 September 25-26,2012 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL20110000406: Brynwood Center -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established comprehensive zoning regulations for unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing zoning classification of the herein described real property from an Agricultural (A) zoning district with an "ST" overlay to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as the Brynwood Center CPUD to allow construction of a maximum of 145,000 square feet of retail and office uses which include a maximum of 25,000 square feet of retail and a maximum of 60,000 square feet of medical office uses. Also permitted are hotel and motel uses at 20 units per acre and group housing (assisted living facility and independent living units) at a floor area ratio of 0.6. For each acre of group housing or hotel or motel use, 12,083 square feet of retail or office use shall be subtracted from the total amount of allowable commercial square footage. The project is located on the south side of Pine Ridge Road, approximately 980 feet east of the intersection of Livingston Road and Pine Ridge Road in Section 18, Township 48 South, Range 26 East, Collier County, Florida consisting of 13.65+ acres; and providing an effective date. Ordinance 2012-37 Page 22 September 25-26, 2012 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. VA-PL20110002627: Donald Gray Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL2011-2627, for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced riparian side-yard setback from 7.5 feet to 0 feet on the west side of the subject property and a reduced riparian side yard setback from 7.5 feet to 1.55 feet on the east side of the subject property located on Lot 6, Block G of the Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida. Resolution 2012-168 Withdrawn (Per Agenda Change Sheet) C. Recommendation to adopt proposed changes to Ordinance No. 91-65, of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. D. Recommendation to adopt a resolution approving amendments (appropriating carry-forward, transfers and supplemental revenue) to the Fiscal Year 2011-12 Adopted Budget. Resolution 2012-169 E. Recommendation to adopt a resolution approving amendments (appropriating carry-forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2012-170 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 23 September 25-26,2012