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Backup Documents 11/13/2012 RecapCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 1cv o. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 November 13, 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 -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 November 13, 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 AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112 (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Dr. Edward Thompson - First Presbyterian Church of Naples 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 — 510 B. October 9, 2012 - BCC/Regular Meeting Approved as presented — 5/0 3. SERVICE AWARDS Page 2 November 13, 2012 A. EMPLOYEE 1) 20 Year Attendees a) Bernard Sullivan, Pollution Control Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating November 16 -22, 2012 as Farm City Week in Collier County. To be accepted by Blake Gable, Chair; Sheriff Rambosk, Chair - Elect; Cyndee Wooley, Executive Committee; John Schmieding, Executive Committee; Larry Berg, Executive Committee; and Steve Kissinger, Treasurer. Sponsored by Commissioner Coletta. Adopted — 510 B. Proclamation recognizing December 1 -7, 2012 as Crohns and Colitis Awareness Week in Collier County. To be accepted by Irene Williams, Board Chair & Founder; Yvette Stafford, Chief Operational Officer; Lena Jones, Executive Secretary; Akita Lisa Canon, Board Advisor; Barbara Melvin, Board Advisor; Juanita Williams, Board Member; Kyle Stafford; Ashley Coyle; Kristine Doria; and Melody Coyle. Sponsored by the Board of County Commissioners. Adopted — 510 C. Proclamation recognizing and congratulating Naples Daily News on receiving the WRAP Award for their continued efforts promoting waste reduction, reuse, recycling and environmental awareness. To be accepted by Kelly Benson, Vice - President and Robert Caton, Technical Service Manager. Sponsored by the Board of County Commissioners. Adopted — 5/0 D. Proclamation designating November 14, 2012 Conservancy of Southwest Florida Susan and William Dalton Discovery Center Day. To be accepted by Rob Moher, Conservancy of Southwest Florida. Sponsored by the Board of County Commissioners. Adopted — 510 5. PRESENTATIONS Page 3 November 13, 2012 A. Presentation of Collier County's Business of the Month November, 2012 to the Conservancy of Southwest Florida. To be accepted by Andrew McElwaine, President and CEO. Presented B. Recommendation to recognize Hailey Alonso, Operations Analyst, Public Services Division, as the Employee of the Month for October, 2012. Presented 6. PUBLIC PETITIONS Continued to the December 11, 2012 BCC Meeting (Per Agenda Change Sheet) A. Public Petition request from Mr. Edward Dunphy regarding a process to reduce hauling and landfill expenses. Continued to the December 11, 2012 BCC Meeting (Per Agenda Change Sheet) B. Public Petition request from Mr. Bob Krasowski regarding issues relating to beach renourishment. 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Jeff Macasevich — Concerns regarding texting or emails while meetings are being held B. Ron Cole — US Navy's use of toxic chemicals Items 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. Presentation to review and approve the 2012 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment provided in Chapter 6.02.02 of Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. AUIR provides adequate water — Approved 510; AUIR provides sufficient roads — Approved 510; AUIR provides for School District CIP — Approved 510; AUIR provides for CIE and incorporates AUIR elements for Category A — Approved 510; Page 4 November 13, 2012 AUIR maintains school concurrency by accepting school district recommendations — Approved 510; Staff guidance to bring back EMS and Sheriff Department in January on current level of service and needs Ordinance 2012 -42 Adopted Moved from Item #17B (Per Commissioner Hiller during Agenda Changes) B. Recommendation to consider a Resolution amending Resolution Numbers 2004 -89 and 2005 -234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. (Petition SRAA- PL20120000705 and companion to DOA - PL2012- 00001160) Resolution 2012 -232 Adopted w /changes — 510 Moved from Item #17C (Per Commissioner Hiller during Agenda Changes) C. Recommendation to consider a resolution amending Resolution Number 05- 23 5 (Development Order 05 -01), as amended by Resolution No. 11 -132 (Development Order 11 -03), for The Town of Ave Maria Development of Regional Impact ( "DRI ") located in Sections 31 through 33, Township 47 South, Range 29 East, Sections 4 through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing: Section One, Amendments to Development Order revising Exhibit "C" and Map "H" contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department of Economic Opportunity and effective date. (Petition DOA- PL20120001160 and companion to SRAA- PL20120000705) Development Order 2012- 02/Resolution 2012 -233 Adopted w /changes — 510 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Public Safety Authority. Resolution 2012 -231: Appointing Reg Buxton, Edward A. Morton and Janet Vasey with terms expiring July 2, 2016 — Adopted 510 Page 5 November 13, 2012 B. Request for reconsideration by Commissioner Fiala of Item #I I C from the October 23, 2012 BCC Meeting titled: Recommendation to consider an out -of -cycle Tourist Development Council ( "TDC ") Grant Application from City of Marco Island/Hideaway Beach District for Erosion Control Structures at Hideaway Beach and if approved make a finding the project is in the public interest and authorize all necessary budget amendments. Estimated fiscal impact: $925,000. Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Coyle, Commissioner Fiala and Commissioner Coletta opposed) C. Request for reconsideration by Commissioner Coletta of Item #I OC from the October 23, 2012 BCC Meeting titled: Appointment of member to the Collier County Planning Commission. Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Coyle, Commissioner Fiala and Commissioner Coletta opposed) D. Request for reconsideration by Commissioner Coletta of Item #I 6K6 moved to # 12B from the October 23, 2012 BCC Meeting titled: Recommendation to adopt a Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Coyle, Commissioner Fiala and Commissioner Coletta opposed) E. Request for reconsideration by Commissioner Coletta of Item #14A1 from the October 23, 2012 BCC Meeting titled: The Annual Performance Appraisal for the Airport Authority Executive Director. Motion to reconsider — Failed 015 (Commissioner Hiller, Commissioner Henning, Commissioner Coyle, Commissioner Fiala and Commissioner Coletta opposed) F. Discuss Policies and Procedures governing processing public record requests and requests for inspection of personnel records. (Commissioner Coyle) Directing staff to bring back recommendations for handling public record requests in a more efficient manner and propose policy that when conducting county business and correspondence on personal computers "colliergov" email address should be copied; that all mail sent to the Board is delivered to a central location - opened, date /time stamped and distributed to Commissioners and public record requests go through the County Manager's Office — Approved 510; Page 6 November 13, 2012 Commissioner Hiller would like review of records rules and laws as an annual requirement for employee evaluations 11. COUNTY MANAGER'S REPORT A. Recommendation to approve a budget amendment of $300,000 to fund additional Baker Act services through David Lawrence Center for FYI in accordance with Board direction. (Mark Isackson, Director of Corporate Finance and Management Services) Approved - 5/0 B. Recommendation to consider using federal payment in lieu of tax (PILT) dollars and ad valorem tax revenue to construct approximately $600,000 in improvements to Ochopee Fire Control District Station 61 at Port of the Islands (Mark Isackson, Corporate Finance & Management Services) Motion to approve Option #3 — Approved w /extension of time for repayment to 3 years - 5/0 To be heard at 2:30 p.m. (Per Agenda Change Sheet) C. Recommendation to adopt a position regarding East Naples Fire Control and Rescue District's proposal to Collier County's Legislative Delegation to expand District boundaries by adding property currently in Isles of Capri Fire Department MSTU. (Len Price, Administrative Services Administrator) Motion to oppose the annexation of Fiddler's Creek and direct staff to work with community to establish a detailed plan and present back to the Board on 1/8/2013 — Approved 5/0 D. Recommendation to review and approve final beach access sign renderings for installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. (Steve Carnell, Interim Public Services Administrator) Approved — 4/1 (Commissioner Coletta opposed) E. Recommendation to uphold the protest decision denying Poole & Kent Company of Florida's formal protest for objection regarding ITB #12 -5931, Master Pump Station 312 Rehabilitation Project No. 72549. Companion to Item #I IF. (Len Price, Administrative Services Administrator) One Motion to continue all Items #11E, #11F, #11G, and #11H that are being protested for further review by Staff and the County Attorney — Approved 510 Page 7 November 13, 2012 F. Recommendation to approve award of ITB # 12 -5931, Master Pump Station 312 Rehabilitation, Project No. 72549 to Douglas N. Higgins, Inc. in the amount $5,961,000, authorize the Chairman to execute the agreement and approve necessary budget amendment(s). Companion to Item #I I E. (Tom Chmelik, Public Utilities Planning and Project Management Director) Motion to continue all Items #11E, #11F, #11G, and #11H that are being protested for further review by Staff and the County Attorney — Approved 510 G. Recommendation to uphold the protest decision denying Poole & Kent Company of Florida's formal protest regarding award of ITB #12-5952, Aerated Sludge Holding Tank (ASHT)/Flow Equalization Tank (FET), Project No. 70091. Companion to Item #11H. (Len Price, Administrative Services Administrator) Motion to continue all Items #11E, #11F, #11G, and #11H that are being protested for further review by Staff and the County Attorney — Approved 510 H. Recommendation to approve award of ITB # 12 -5952, Aerated Sludge Holding Tank Flow Equalization Tank for North County Water Reclamation Facility Project No. 70091, to Mitchell & Stark Construction Company, Inc. in the amount of $6,307,000, authorize Chairman to execute the contract and approve necessary budget amendments. Companion to Item # 11 G. (Tom Chmelik, Public Utilities Planning and Project Management Director) Motion to continue all Items #11E, #11F, #11G, and #11H that are being protested for further review by Staff and the County Attorney — Approved 510 I. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on the item, all participants are required to be sworn in. Recommendation to hear from Crisis Center of Tampa Bay, d /b /a TransCare Medical Transportation Services 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 Director) Motion to deny — Approved 510 To be heard at 3:30 p.m. (Per Agenda Change Sheet) Page 8 November 13, 2012 J. Recommendation to approve and execute an Improvement to Parking Area Agreement with Naples Zoo, Inc., related to cost sharing for entrance and parking improvements at Naples Zoo with Collier County sharing 50% of final certified construction costs, currently estimated at $2,600,000. (Steve Carnell, Public Services Interim Administrator) Approved — 510 K. Recommendation to review and approve documents that outline the history, timing, prior guidance and approvals received for: The beach renourishment program; Local Government Funding Request (LGFR) grant applications; and the Federal Emergency Management Agency (FEMA) appeal process. (Gary McAlpin, Natural Resources Department, Growth Management Division) Motion to accept presentation and documents — Approved 510 L. Recommendation to adopt a Resolution to establish general requirements and procedures to amend the Growth Management Plan (GMP), as provided for in Florida Statutes. (Mike Bosi, Planning & Zoning Services Growth Management Division Interim Director) Resolution 2012 -234 Adopted — 510 M. Recommendation to consider options for re- structuring the Board Office. (Leo E. Ochs, Jr., County Manager) Motion to approve Option B — Approved 510 Moved from Item #16E9 (Per Agenda Change Sheet) N. Recommendation to approve the third amendment to the Collier County Emergency Services Medical Consultant's Contract to clarify a section related to compensation upon termination and add a section related to an annual performance evaluation process. Approved — 510 Moved from Item #16A24 (Per Commissioner Henning during Agenda Changes) O. Recommendation to approve the peer review for Wiggins Pass Channel Improvements by Olsen Associates, Inc. for a lump sum amount of $34,900 and a peer review of Collier County Beaches volume design by Atkins North American, Inc. under Contract 909- 5262 -CZ for a lump sum amount of $15,905 and make the finding that these items promote tourism. Motion to approve Olsen Associates as peer review for Wiggins Pass Channel Improvements and bring back the Collier County Beaches Page 9 November 13, 2012 volume design with Atkins North American at the December 11th Meeting - Approved 510 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K2 (Per Agenda Change Sheet) A. Recommendation the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorialize its October 23, 2012 extension of and amendment to the Collier County Airport Authority Executive Director's Employment Agreement and authorize the Chairman to execute the Extension and Amendment Agreement. Approved — 510; Motion to reconsider — Failed 1/4 (Commissioner Coyle, Commissioner Fiala, Commissioner Hiller and Commissioner Coletta opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Chairman to execute Contract #12 -5885, "Design and Related Services for Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project" in the amount of $660,000 with Hole Montes, Inc. Approved — 510; Motion to reconsider - Failed 1/4 (Commissioner Coyle, Commissioner Fiala, Commissioner Hiller and Commissioner Coletta opposed) 2) Recommendation the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Chairman to execute Contract # 12 -5885, "Design and Related Services for the Immokalee Regional Airport Runway 9 -27 Rehabilitation Project" in the amount of $761,000 with Hole Montes, Inc. Approved — 510; Motion to reconsider - Failed 1/4 (Commissioner Coyle, Commissioner Fiala, Commissioner Hiller and Commissioner Coletta opposed) Page 10 November 13, 2012 Moved from Item #16G1 (Per Agenda Change Sheet) 3) Recommendation to establish the commencement date of a Collier Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc., as December 1, 2012, and provide the Airport Authority Executive Director authority to waive collection of rent until the final completion date of ongoing improvements to the leased premises. Approved - 5/0; Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Community Redevelopment Agency complete the 2012 annual performance evaluation for the Immokalee CRA Executive Director. Approved - 4/0 (Commissioner Coletta absent) 2) Recommendation the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to an employment agreement between the CRA and Penny S. Phillippi, Immokalee CRA Executive Director, extend term of employment 3 years, make certain changes to the contract, and authorize the Chairman to sign. (Penny S. Phillippi, Executive Director, Immokalee CRA) Approved - 4/1 (Commissioner Hiller opposed); Motion to reconsider — Failed 1/4 (Commissioner Fiala, Commissioner Coyle, Commissioner Coletta and Commissioner Hiller opposed) 3) Recommendation to award Agreement #12 -5896, Design Construction Documents, Civil Site Design (SDP Permitting) Permit and Bid Services and Construction Administration and Related Services for the Immokalee First Street Zocalo to David Corban Architect, Inc. Fiscal Impact: $113,450. Approved - 510; Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) 4) Recommendation to approve Termination of an Interlocal Agreement between Collier County Community Redevelopment Agency and Page 11 November 13, 2012 Collier County Airport Authority for the Immokalee Business Development Center. (Companion to Items # 14135 and # 14136) Approved - 510 5) Recommendation the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) authorize continued operation of Immokalee Business Development Center (IBDC) under the auspice of Immokalee Community Redevelopment Agency (CRA) and exclusive of a partnership with Collier County Airport Authority and Immokalee Airport. (Companion to Items # 14B4 and # 14B6) Approved - 510; Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) 6) Recommendation the Board of County Commissioners acting as Community Redevelopment Agency approve amending Immokalee Business Development Center (IBDC) Proposal, IBDC Application, IBDC Policies & Procedure Handbook and Proposed Lease Agreement. (Companion to Items # 14134 and # 14B5) Approved - 510 (remove lease) 7) Recommendation the Collier County Board of County Commissioners acting as Community Redevelopment Agency approve submittal of a Rural Business Enterprise Grant application to the U.S. Department of Agriculture (USDA) Rural Development in the amount of $35,000 to complete a Feasibility Study to evaluate expanding the current Immokalee Business Development Center and approve all necessary budget amendments. (Heard after Item #14B4, #14B5 #14136) Approved - 5/0; Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) 8) Recommendation the Collier Community Redevelopment Agency Board designate Immokalee Community Redevelopment Agency Executive Director Special District Registered Agent for the CRA. Approved - 510; Motion to reconsider — Failed 1/4 (Commissioner Hiller, Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 12 November 13, 2012 A. County Manager — Thanked Commissioner Coletta for his service B. County Attorney — A privilege to work with Commissioner Coletta C. Commissioner Hiller — Wished the best in retirement for Commissioner Coletta D. Commissioner Fiala — Hope the reconsiderations were an exercise in futility; Participating in FAC in Sarasota and nonparticipation in RESTORE; Put RESTORE back on the December agenda — Consensus; Privilege and honor to work with Commissioner Coletta E. Commissioner Coyle — Legislative Delegation Meeting tomorrow and the items for discussion F. Commissioner Fiala — Would like BCC approval to tour parks and use park -owned buses. County Manager checking on liability G. Commissioner Coyle — Will miss Commissioner Coletta and hope he enjoys retirement H. Commissioner Coletta — His 12 years on the Commission I. Commissioner Henning — Recognizing Mark Strain as Citizen of the Year in Golden Gate; Appreciated the integrity shown by Scott Teach and not rushing agenda items; County cell phone and the lack of texting ability J. Commissioner Henning — Motion to Adjourn - Consensus 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------ - - - - -- Approved and /or Adopted with changes — 510 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of water and sewer utility facilities for the Quarry, Phase 213 and authorize the County Manager or his designee, to release a Utilities Performance Security of $4,000 to the Project Engineer or Developer designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 2) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 13 November 13, 2012 participants are required to be sworn in. Recommendation to approve an extension to complete subdivision improvements associated with Turnbury Preserve AR #10 119, pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. The current property owner is requesting an extension through February 27, 2014 3) Recommendation to award Quote #12 -5891 for post- disaster damage assessment software (ARM360) and services from GeoCove, Inc. in the amount of $40,250 for software and annual maintenance beginning in 2014 in the amount of $7,000 with a 3% cap. Will allow for quick transmittal of information to the Emergency Operations Center after a natural disaster and compatible with Florida and FEMA Emergency procedures 4) Recommendation to approve final acceptance of water and sewer utility facilities for the Quarry, Phase 2A and authorize the County Manager or his designee, to release the Final Obligation Bond in the amount $4,000 to the Project Engineer or Developer designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 5) Recommendation to approve final acceptance of water and sewer utility facilities for Aviano at Naples and authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount $4,000 to the Project Engineer or Developer designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 6) Recommendation to approve final acceptance of the water utility facility for Aviano at Naples, Phase 2 and authorize the County Manager, or his designee, to release the Utility Performance Security (UPS) and Final Obligation Bond in the amount of $32,389.80 to the Project Engineer or the Developer's designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 7) Recommendation to approve final acceptance of water and sewer utility facilities for the Covenant Presbyterian Church, 6992 Trail Boulevard, and authorize the County Manager or his designee, to Page 14 November 13, 2012 release the Utilities Performance Security and Final Obligation Bond in the amount of $33,868.67 to the Project Engineer or Developer's designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 8) 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 Veronawalk Phase 4C, Karina Court 2nd Replat, Application Number PL20120001618. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of a final approval letter & plat recordation 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to authorize the Clerk of Courts to release a security in the amount of $21,873.50 that was posted as a development guaranty for work associated with Seacrest School. Security was posted for demolition and restoration work on the existing modular classrooms 10) 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 authorize the Clerk of Courts to release a Performance Bond in the amount of $104,450 that was posted as a development guaranty for work associated with Arthrex Commerce Park, PL2011000783. A Bond was posted for vegetation removal and site work 11) 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 Gaspar Station Phase 1, Application PPL- PL20120000409, approve a standard form Construction and Maintenance Agreement and approve the amount of the performance security. W /stipulations Page 15 November 13, 2012 12) Recommendation to extend Contract #07 -4105 with White & Smith, LLC, Planning and Law Group, under same terms and conditions as the original contract for a 1 -year period ending December 11, 2013. All extensions under the agreement have been exhausted for the group who have been working with staff on an administrative code and to update and rewrite sections of the LDC 13) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $3,150. Funds collected for PUD Monitoring /Traffic Counts Payment -in- Lieu Projects 14) 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 Riverstone, Plat Two, Application Number PPL- PL20120001179, approve a standard form Construction and Maintenance Agreement and approve the amount of the performance security. W /stipulations for the project within the Terafina PUD 15) Recommendation to approve an Assumption Agreement releasing WCI from future maintenance responsibilities on a portion of Mainsail Drive. Pursuant to an agreement with WCI, the Hammock Bay Owner's Association is assuming all landscape and irrigation responsibility 16) Recommendation to approve a transfer of Assumption Agreement releasing WCI from future maintenance responsibilities for medians on Collier Boulevard (S.R. 95 1) at the Mainsail Drive intersection, transferring responsibility to Hammock Bay Owner's Association. WCI has fulfilled obligations identified in a 2003 Landscape Maintenance Agreement with Collier County 17) Recommendation to approve a Resolution implementing Board direction to exempt Lane Rental Fees on County sponsored projects located within or adjacent to Right -of -Ways and eliminate permit charges for services previously provided by the County on behalf of the Florida Department of Transportation. Page 16 November 13, 2012 Resolution 2012 -225 Continued to the December 11, 2012 BCC Meeting (Per Agenda Change Sheet) 18) Recommendation to execute a License Agreement with the Barefoot Beach Club Condominium Owner's Association, Inc. and The Conservancy, to allow mangrove trimming and monitoring on County -owned property in the vicinity of Lely Barefoot Beach. 19) Recommendation to approve the release of lien in the amount of $38,333.43 for payment of $24,083.43, in the Code Enforcement Action entitled Board of County Commissioners vs. Gloria Perdigon, Code Enforcement Case Number CESD20100009141, relating to property located at 2931 8th Avenue NE, Collier County, Florida. Based on accrued fines for multiple unpermitted structures on the property and subsequently brought into compliance by new owner JP Morgan Chase Bank in August, 2012 20) Recommendation to approve the release of lien in the amount of $6,162.29 for payment of $562.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Alicia Vives, Code Enforcement Case Number CEV20110011656, relating to property located at 410 5th Street NW, Collier County, Florida. Based on accrued fines for having an unlicensed vehicle in the driveway and was brought into compliance by the property's new owner 410 GGE, LLC in June, 2012 21) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with Mockingbird Crossing, AR #9975, pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. The current owner requests an extension through June 24, 2014 22) Recommendation to accept $112,647 in additional funding from the Florida Department of Transportation for Local Agency Program Agreement 429902 -1, for construction engineering and inspection services for the Naples Manor Sidewalk Project; authorize a necessary budget amendment and Resolution memorializing the Board's action. Resolution 2012 -226 Page 17 November 13, 2012 23) Recommendation to increase annual expenditures for countywide Bid 409 -5289 "Purchase & Delivery of Inorganic /Organic Mulch" to Forestry Resources for an estimated annual expenditure of $250,000. Moved to Item #110 (Per Commissioner Henning during Agenda Changes) 24) Recommendation to approve the peer review for Wiggins Pass Channel Improvements by Olsen Associates, Inc. for a lump sum amount of $34,900 and a peer review of Collier County Beaches volume design by Atkins North American, Inc. under Contract #09- 5262-CZ for a lump sum amount of $15,905 and make the finding that these items promote tourism. 25) Recommendation to approve releases of lien in the amount of $55,288.24 for a payment of $8,488.24, in Code Enforcement Action against Terry Dilozir, relating to property located at 5322 Catts Street, 4035 22nd Avenue SE, 4301 20th Place SW, and 4913 18th Avenue SW, Collier County, Florida. Based on accrued fines of $47,250 for an unmaintained pool without a proper barrier and the remaining fines for various violations at the four properties 26) Recommendation to increase annual expenditures for Request for Proposal (RFP) #11 -5677, "Growth Management Division Planning and Regulation Staffing" to NOVA Engineering and Environmental, LLC for the annual budgeted expenditure of $150,000, approve a budget amendment from Fund 113 to pay for the contracted services and authorize payment of an outstanding invoice. For contracted staff that helps manage increased workloads by performing building inspections and administrative functions 27) Recommendation to reject all bids Bid #12 -5948, Immokalee Road Safety Improvements, Project No. 60016.4 and to re -bid the project. Bids submitted were 30% higher than the Engineer's estimate B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve a Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Page 18 November 13, 2012 Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with Boston Avenue Sidewalk Improvement Project # 11 -5674, located on the southwest corner of South 9th Street and Main Street, Immokalee. (Folio #00122840009) To store equipment on CRA owned property until the project is complete which may occur on or before March, 2013 C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Bid # 12 -5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., in the estimated annual amount of $175,000. To remove grease and insoluble material collected at lift stations 2) Recommendation to award Bid # 12 -5954, Water Meter Test Bench, to Mars Company in the amount of $117,169.53. The most cost effective and meeting AWWA standards 3) Recommendation to approve Contract #GC -690 Amendment 2, "Agreement for Storage Tank System Compliance Verification Program for Collier County" between the Collier County Board of County Commissioners and Florida Department of Environmental Protection to continue administering the pollutant storage tank compliance verification program for regulated tanks. Changing compensation terms and language in the contract that provides inspection and monitoring services at approximately 700 tanks at 380 facilities in the County 4) Recommendation to award Bid #12-5925, "Removal of Agricultural Plastics at Immokalee Transfer Station" to Rational Energies, Inc., at no cost to the County. The company will remove 5,000 estimated tons of plastic buried at the transfer station that will be converted to renewable energy /beneficial reuse products 5) Recommendation to accept Amendment 1, a zero dollar time extension to South Florida Water Management District Alternative Water Supply Grant #4600002535. Due to various delays a time extension will allow the remaining $100,000 in grant revenue to be invoiced during FY13 Page 19 November 13, 2012 6) Recommendation to reject all quotes for the Woodcrest Drive Utility Extension Phase 1, Segment C Project and to re -quote Project #70071 and #70044. Due to a possible confusion interpreting plans Public Utilities will clarify project design and request new quotes from contractors 7) Recommendation to approve an amendment in the amount of $26,900 to Contract #06 -3972 with Tele- Works, Inc., to transfer an existing delinquent water /sewer customer account courtesy calling system to a hosted environment. 8) Recommendation to authorize advertising an ordinance repealing Ordinance Number 80 -43 that created the Goodland Water District. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve Right of Entry with Florida Department of Environmental Protection to install, maintain and monitor groundwater monitoring wells at Pepper Ranch Preserve, at no cost to the County. A 5 -year agreement and as part of the Everglades West Coast Watershed Basin Study FDEP is installing two wells to collect and test groundwater for contaminants 2) Recommendation to approve three (3) Satisfactions of Mortgage for the State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy. For property at 1526 Trafalgar Lane, 9051 Gervais Circle and 2021 Rookery Bay Drive 3) Recommendation to approve four (4) Subrecipient Agreements for Community Development Block Grant (CDBG) projects previously approved for U.S. Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012. (Agenda Item # 11 E) Grant #B- 12 -UC -12 -0016 Agreements with Youth Haven, Inc., Shelter for Abused Women and Children, the David Lawrence Center and the City of Naples Page 20 November 13, 2012 4) Recommendation to approve an amendment to a Community Development Block Grant Agreement between Collier County and the Immokalee Community Redevelopment Agency (CRA) extending the grant agreement period, requiring compliance with the FY 2010 HUD Grant and 24 CFR 570, and modifying Exhibit A, Scope of Services. For the Immokalee Business Development Center (IBDC) 5) Recommendation to approve amendments to Subrecipient Agreements between Collier County and David Lawrence Center, NAMI of Collier County, Inc. and Collier County Sheriffs Office funded by a Criminal Justice, Mental Health & Substance Abuse Grant. As detailed in the Executive Summary 6) Recommendation to award Bid # 12 -5953 "Lely MSTU Pebble Beach Lighting Project" to Bentley Electric Company of Naples, Florida, Inc., in the amount of $129,617.46. To complete decorative street lighting improvements for Pebble Beach Boulevard in the Lely Community 7) Recommendation to accept a FYI 2-13 Federal Transit Administration (FTA) Section 5310 Grant award in an amount of $272,655, authorize necessary budget amendments and approve the purchase of three (3) paratransit vehicles utilizing those funds. To replace vehicles at the end of their useful life and requiring a 10% local match 8) Recommendation to approve the FYI 2-13 Contract between Collier County and State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,258,100. Funding public health services thru September, 2013 plus administrative costs of $311,000 in addition to the contract Continued to the December 11, 2012 BCC Meeting (Per Agenda Change Sheet) 9) This item was continued from the October 23, 2012 BCC Meeting. Recommendation to approve a budget amendment recognizing $199,478.74 in income revenue generated when conveying property acquired under the Neighborhood Stabilization Program (NSP 1). 10) Recommendation to ratify the Chairman's execution of the revised buyback agreement between the County and the Agency for Health Page 21 November 13, 2012 Care Administration (AHCA) for additional eligible funding leveraged under alternative intergovernmental transfer programs (IGT); funds are already budgeted in the FYI approved budget. As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES DIVISION 1) 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 renew the Collier County Emergency Medical Services Department Certificate of Public Convenience and Necessity for Advanced Life Support Transport for 1 -year and authorize the Chairman to execute the Permit and Certificate. For the period January 1, 2013 through December 31, 2013 2) Recommendation to approve Agreement #12-5983 with Naples HMA, LLC d /b /a Physicians Regional Healthcare System (PRHS) for use of the medical examiner facility to conduct autopsies. For use of the facilities located at 3838 Domestic Avenue, Naples 3) Recommendation to authorize purchase of a Microsoft Enterprise Agreement from SHI for Microsoft software and licenses in the amount of $343,028 and authorize additional software and license purchases during the year utilizing the State of Florida's Contract #252- 001 -09 -1. 4) Recommendation to ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by Risk Management's Director pursuant to Resolution 2004 -15 for the 4th Quarter of FY12. As detailed in the Executive Summary 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) with Ambitrans Medical Transport, Inc., to provide Class 2 inter - facility transport ambulance service for a period of 1 -year. Page 22 November 13, 2012 6) Recommendation to approve award of Contract #12 -5874 to Intermedix Corporation to provide billing services for Collier County Emergency Medical Services. A 2 -year contract period with three (3) optional 1 year renewals 7) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Tri- County Pest Control South, Inc. to Orkin, LLC for pest control services. Due to Orkin's purchase of Tri - County and for the period ending April 20, 2013 8) Recommendation to approve an assumption agreement with Evans Energy Partners, LLC d /b /a Evans Oil Company ( "Evans Energy ") for Contract #07 -4180 "Gasoline & Diesel Fuel" and ITB 410 -5581 "Motor Oils, Lubricants and Fluids ", waiving the purchasing policy to purchase gasoline and diesel fuel from Evans Energy without a formal bid to refuel county vehicles at Evan's commercial refueling site on South Horseshoe Drive; and retroactively approve payment for all purchases made with Evans Energy since September 26, 2012. Evans Oil was purchased by Florida Petroleum and renamed Evans Energy Partners, LLC d /b /a Evans Oil Company Moved to Item #11N (Per Agenda Change Sheet) 9) Recommendation to approve the third amendment to the Collier County Emergency Services Medical Consultant's Contract to clarify a section related to compensation upon termination and add a section related to an annual performance evaluation process. 10) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Release of Lien for the St. Matthew's House, Inc. Wolfe Apartments for impact fees that have been paid in full in accordance with the Multi - family Rental Impact Fee Deferral Program set forth by Section 74- 401(e) and 74- 401(g) (5) of Collier County Code of Laws and Ordinances. Satisfying the 2002 agreement for a payment of $178,149.72 Page 23 November 13, 2012 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) .to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2012 -227 3) Recommendation to adopt a Resolution designating Goodland Bridge Number 030184, crossing over the Marco Channel on CR92 "The Stan Gober Memorial Bridge ". Resolution 2012 -228 G. AIRPORT AUTHORITY Moved to Item #14A3 (Per Agenda Change Sheet) 1) Recommendation to establish the commencement date of a Collier Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc., as December 1, 2012, and provide the Airport Authority Executive Director authority to waive collection of rent until the final completion date of ongoing improvements to the leased premises. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Greater Naples Chamber of Commerce Business after 5 on October 18, 2012. The sum of $8 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the NAACP 30th Annual Freedom Fund Banquet on October 27, 2012. The sum of $100 to be paid from Commissioner Fiala's travel budget. Held at the Naples Hilton, 5111 Tamiami Trail N 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Junior Achievement Awards on October 30, 2012. The sum of $74 to be paid from Commissioner Fiala's travel budget. Held at the Waldorf Astoria, Naples Page 24 November 13, 2012 4) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will be attending the 2012 Citizen of the Year Banquet on November 13, 2012. The sum of $35 to be paid from Commissioner Hiller's travel budget. Held at the Vanderbilt Country Club, 8250 Danbury Blvd. 5) Advisory Board vacancies dated October 25, 2012. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Submission of the Investment Status Update Report for the quarter ending September 30, 2012. 2) To obtain Board approval for disbursements for the period of October 6, 2012 through October 12, 2012 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of October 13, 2012 through October 19, 2012 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of October 20, 2012 through October 26, 2012 and for submission into the official records of the Board. 5) Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2008 Funds for Voting Accessibility for Individuals with Disabilities in the amount of $11,315.73. 6) Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September, 2013. Requires annual submission Page 25 November 13, 2012 7) Recommendation to approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriff's Office Traffic Control Jurisdiction over Private Roads in Summit Place Subdivision. 8) Request the Board of County Commissioners accept and approve the capital asset disposition records for the time period October 1, 2011 through September 30, 2012. 9) Request authorization to advertise an ordinance to establish limitations, in addition to those in Chapter 538, Part I, FL Statutes, on the sale and/or purchase of secondhand goods. (secondhand dealers) K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment as to Parcel 215RDUE in the lawsuit styled Collier County v. Giovanni Castellana, et al., Case No. 12 -CA -2508 (Everglades Boulevard Intersection Improvements at 18th Avenue N.E., Project No. 60016. (Fiscal Impact: $6,900) Moved to Item #12A (Per Agenda Change Sheet) 2) Recommendation the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorialize its October 23, 2012 extension of and amendment to the Collier County Airport Authority Executive Director's Employment Agreement and authorize the Chairman to execute the Extension and Amendment Agreement. 3) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Timothy Hilts in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for repair to a fire hydrant, sidewalk and for street damaged in the amount of $29,649, plus costs of litigation. 4) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Viviana Pineda -Lopez in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida to recover damages incurred by the County to repair a guardrail in the amount of $3,148.04, plus Page 26 November 13, 2012 costs of litigation. 5) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Angela Hendricks and Deandre Nikko Woods in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for County Personnel to clean -up and repair damaged roadway in the amount of $2,697.58, plus costs of litigation. 6) Recommendation to approve a Settlement Agreement in the sum of $61,250 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled David Scribner v. Collier County Board of County Commissioners, Case No. 2: 1 0-cv- 728-FtM-29-JES-DNF, now pending in United States District Court, Middle District of FL, Ft. Myers Division. (Fiscal Impact: $61,250) 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. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41 as amended, Collier County Land Development Code that established comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for a project identified as PUDZ- A- PL20120000303, Mirasol RPUD, amending Ordinance 2009 -21, Mirasol Residential Planned Unit Development, increasing the permissible Page 27 November 13, 2012 number of dwelling units from 799 to 1,121; amending Ordinance 2004 -41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 95± acres of land zoned Rural Agricultural (A) to the Mirasol RPUD; by revising development standards; by amending the Master Plan; and adding deviations and revising developer commitments. The property is located on the north side of Immokalee Road (CR 846) bordered on the east by Broken Back Road and future Collier Boulevard (CR 95 1) in Section 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1,638.6± acres; and by providing an effective date. Ordinance 2012 -41 Moved to Item #913 (Per Commissioner Hiller during Agenda Changes) B. This item requires that ex narte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution amending Resolution Numbers 2004 -89 and 2005 -234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. (Petition SRAA- PL20120000705 and companion to DOA- PL2012- 00001160) Moved to Item #9C (Per Commissioner Hiller during Agenda Changes) C. This item requires that ex narte disclosure be arovided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a resolution amending Resolution Number 05 -235 (Development Order 05 -01), as amended by Resolution No. 11 -132 (Development Order 11 -03), for The Town of Ave Maria Development of Regional Impact ( "DRI ") located in Sections 31 through 33, Township 47 South, Range 29 East, Sections 4 through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing: Section One, Amendments to Development Order revising Exhibit "C" and Map "H" contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department of Economic Opportunity and effective date. (Petition DOA- PL20120001160 and companion to SRAA- PL20120000705) Page 28 November 13, 2012 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 Petition VAC - PL20120001426, to disclaim, renounce and vacate County and Public interest in part of a10 -foot Utility Easement located in Lot 1, Block I, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of Collier County, Florida, located in Section 22, Township 49 South, Range 25 East, Collier County Florida, more specifically shown in Exhibit A. Resolution 2012 -229 Continued to the December 11, 2012 BCC Meeting (Per Agenda Change Sheet) E. This item requires that ex narte disclosure be arovided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. CU- PL20120001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for establishment of a Conditional Use in a C -3 Zoning District to allow up to four buildings on four different parcels, up to 15,000 square feet each of gross floor area in principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.IO, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of Collier County Land Development Code for property at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted Budget. Resolution 2012 -230 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 29 November 13, 2012