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Backup Documents 12/11-12/2012 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority �,► � r/ r .-. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 December 11-12, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 (Chairwoman Elect) Tom Henning - BCC Commissioner, District 3 (Vice-Chairman Elect) Tim Nance - BCC Commissioner, District 5 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 December 11-12,2012 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 A. Invocation - Reverend Robert E. Townsend, United Church of Christ at the Lighthouse B. Swearing in ceremony for Commissioner Tim Nance, District 5, to be conducted by 20th Judicial Circuit Judge Cynthia A. Pivacek. Sworn In C. In honor of the swearing in of Commissioner Tim Nance, District 5, musical performance will be provided by James Steven Farnsworth. Performed Page 2 December 11-12,2012 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. October 23, 2012 - BCC/Regular Meeting Approved as presented— 5/0 C. November 13, 2012 - BCC/Regular Meeting Continued to the January 8, 2013 BCC Meeting for further review - Consensus D. Recommendation to (1) remove Commissioner Coyle as Chairman, (2) appoint a new Chairman to serve the remainder of Commissioner Coyle's term, and (3) appoint a new Vice-Chairman to serve the remainder of Commissioner Coletta's term, with both terms expiring the first Board meeting of January 2013. (Commissioner Henning) Motion to remove Commissioner Coyle as Chairman and Appoint Commissioner Hiller as Chairman — Approved 5/0; Motion to appoint Commissioner Henning as Vice-Chairman — Approved 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating December 2012 as Guadalupe Center of Immokalee Month in honor of its thirty years of service in Collier County. To be accepted by Barbara Oppenheim, President, Guadalupe Center of Immokalee. Sponsored by the Board of County Commissioners. Adopted — 5/0 B. Proclamation designating December 11, 2012 as the Dick Lydon Day of Remembrance in Collier County in recognition of his contributions to the community. To be accepted by members of the Vanderbilt Beach Beautification MSTU. Sponsored by Commissioner Hiller. Adopted- 5/0 Page 3 December 11-12,2012 C. Proclamation designating December 11, 2012 as the Mimi Watson Day of Remembrance in Collier County in recognition of her contributions as a board member of the Collier County Friends of the Museum and as a Collier County school teacher. To be accepted by members of the Friends of the Museum. Sponsored by Commissioner Hiller. Adopted— 5/0 D. Proclamation celebrating the 50th Anniversary of Temple Shalom and its accompanying project, "Our Torah: Scribing Our Future." To be accepted by Rabbi Adam Miller; Cantor Donna Azu; Rabbi James Perman; Susan Daugherty, Executive Director; Caren Plotkin, Education Director; Seyla Cohen, Preschool Director; Yale Freeman, President; Bobbie Katz, Vice President; Tracy Albert, Second Vice President; Dr. Joel Waltzer, Third Vice President; Rob Nossen, Treasurer; James Knafo, Recording Secretary; Debbie Antzis, "Our Torah" Chair; Sandy Stone, Sisterhood President; Ed Cohen, Men's Club President; Susan Freeman; Beth Feldman; Michael Rubner; Helen Weinfield; and Evelyn Cole. Sponsored by Commissioner Hiller. Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2012 to The Dock at Crayton Cove. To be accepted by Vin DePasquale, President; Bobbi Simi, Co-Owner; Jonathan DePasquale, Restaurant Manager; and Jacci Robb, Assistant Manager. Presented 6. PUBLIC PETITIONS A. This item continued from the November 13, 2012 BCC Meeting. Public Petition request from Mr. Bob Krasowski regarding issues relating to beach renourishment. Discussed; recommendations will be discussed further during related Agenda Items heard today Page 4 December 11-12,2012 B. Public Petition request from Mr. Dan Robuck, President of Emergency Medical Specialists, regarding an EMS management proposal. Discussed 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Joan Richie — Landscape changes to Riverchase Shopping Center B. Tom Graham — Landscape changes to Riverchase Shopping Center C. Robert Ochs - Landscape changes to Riverchase Shopping Center D. Marcia Cravens — Clam Bay and Pelican Bay Services Board related agenda items on today's agenda E. John Sorey — Comments regarding Bob Krasowski's public petition, Agenda Item #6A Item 8 and Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Wednesday, December 12, 2012 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 petition number ADA-PL20120001218 Jaffe Boat Dock Appeal represented by R. Bruce Anderson of Roetzel and Andress, LPA, requesting an appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in denying Petition BDE-PL20110001573 that requested a 19-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 39-foot boat dock facility accommodating 2 vessels on 2 boat slips for property located at 10090 Gulfshore Drive and is further described as the North 50 feet of Lot 14, Conners Vanderbilt Beach Estates Subdivision, Unit 1; Section 29, Township 48 South, Range 25 East, Collier County, Florida. This item to be heard in conjunction with Item#8B. [Companion Item to: VA- PL20110001576, Jaffe Variance] Resolution 2012-266 Adopted— 5/0 Wednesday, December 12, 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. Recommendation to consider a Resolution of the Page 5 December 11-12,2012 Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL20110001576, Jaffe Variance, for a variance from Land Development Code Section 5.03.06.E.7 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. This item to be heard in conjunction with Item#8A. [Companion Item to: ADA-PL20120001218, Jaffe Boat Dock Appeal] Resolution 2012-265 Adopted - 5/0 9. ADVERTISED PUBLIC HEARINGS Continued to the January 8, 2013 BCC Meeting (Per Agenda Change Sheet) A. Recommendation to review and adopt Proposed Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, based upon the Collier County Evaluation and Appraisal Report adopted in 2011 and the Florida Department of Economic Opportunity Objections, Recommendations and Comments Report on these Amendments, and to Transmit the Amendments to the Florida Department of Economic Opportunity. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that (1) the Board interprets its Reconsideration Procedure to allow a motion for reconsideration to be made by a member who voted in the majority prior to the adjournment of the meeting at which the matter was voted upon, or at either the first and/or second meeting, and that a prior motion for reconsideration does not bar a later motion for reconsideration made at any time during this two meeting time frame, and (2) that the Board (by a majority vote) deems former Commissioner Coletta's and Commissioner Fiala's motion to reconsider (blocking further reconsideration prescribed by 75-12 as amended) null and void. (Commissioner Henning) Motion to approve recommendations — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) B. Request for reconsideration by Commissioner Henning of Item#14B2 from the November 13, 2012 BCC Meeting titled: Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Page 6 December 11-12,2012 Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign. Approved — 5/0 C. Request for reconsideration by Commissioner Henning of Item#14B8 from the November 13, 2012 BCC Meeting titled: Recommendation that the Collier Community Redevelopment Agency (CRA) Board designates the Immokalee Community Redevelopment Agency Executive Director as the Special District Registered Agent for the Collier County CRA. Approved —3/2 (Commissioner Fiala and Commissioner Coyle opposed); Motion to have item placed on the January 22, 2013 BCC Meeting Agenda— Approved 5/0 D. Request for reconsideration by Commissioner Henning of Item#14B5 from the November 13, 2012 BCC Meeting titled: Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to authorize the continued operation of the Immokalee Business Development Center (IBDC) under the auspice of the Immokalee Community Redevelopment Agency (CRA) exclusive of the partnership with the Collier County Airport Authority and the Immokalee Airport. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed); Motion to place on the January 22, 2013 BCC Meeting — Approved 5/0 E. Request for reconsideration by Commissioner Henning of Item#14B6 from the November 13, 2012 BCC Meeting titled: Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to approve amending the Immokalee Business Development Center's (IBDC) Proposal, IBDC Application, and IBDC Policies and Procedures Handbook. Approved —3/2 (Commissioner Fiala and Commissioner Coyle opposed); Motion to place on the January 22, 2013 BCC Meeting — Approved 5/0 F. Request for reconsideration by Commissioner Henning of Item#14B3 from the November 13, 2012 BCC Meeting titled: Recommendation to award Agreement No. 12-5896 for Design Construction Documents, Civil Site Design (SDP Permitting), Permit and Bid Services and Construction Page 7 December 11-12,2012 Administration and Related Services for the First Street Zocalo for Immokalee to David Corban Architect, Inc.; Fiscal Impact $113,450. Approved —3/2 (Commissioner Fiala and Commissioner Coyle opposed); Motion to place on the January 22, 2013 BCC Meeting — Approved 5/0 G. Request for reconsideration by Commissioner Henning of Item#14A3 from the October 23, 2012 BCC meeting titled: Recommendation that the Board of County Commissioners, in its capacity as the governing body of the Collier County Airport Authority, indicates its intent to extend the Airport Authority Executive Director's Employment Agreement with Thomas C. Curry, 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. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) H. Request for reconsideration by Commissioner Henning of Item#16K2 from the November 13, 2012 BCC meeting titled: Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorializes its October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) I. Request for reconsideration by Commissioner Henning of Item#14A2 from the November 13, 2012 BCC Meeting titled: Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Chairman to execute attached 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 —3/2 (Commissioner Fiala and Commissioner Coyle opposed) J. Request for reconsideration by Commissioner Henning of Item#14A1 from the November 13, 2012 BCC Meeting titled: Recommendation that 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 Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project" in the amount of$660,000 with Hole Montes, Page 8 December 11-12, 2012 Inc. Approved —3/2 (Commissioner Fiala and Commissioner Coyle opposed) K. Request for reconsideration by Commissioner Henning of Item#16K6 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. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) L. Request for reconsideration by Commissioner Henning of Item#13A from the October 9, 2012 BCC meeting titled: Recommendation to discuss Item #11E from the Board's September 11, 2012 agenda regarding "Wastewater Basin Program" contracts. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) M. Request for reconsideration by Commissioner Henning of Item#11C from the November 13, 2012 BCC Meeting titled: Recommendation to consider an out-of-cycle Tourist Development Council ("TDC") Grant Application from the City of Marco Island/Hideaway Beach District for Erosion Control Structures at Hideaway Beach and if approved make a finding that the project is in the public interest and authorize all necessary budget amendments. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) N. Request for reconsideration by Commissioner Henning of Item#9A from the November 13, 2012 BCC Meeting titled: Recommendation to review and approve the 2012 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes. Approved —3/2 (Commissioner Fiala and Commissioner Coyle opposed) 0. Request for reconsideration by Commissioner Henning of Item#12A from the October 23, 2012 BCC Meeting titled: Recommendation to approve and authorize the Chairman of the Board of County Commissioners to sign an Interlocal Agreement relating to establishment of the Gulf Consortium to act on behalf of Collier County in the implementation of the RESTORE Act (Resources and Ecosystems Sustainability Tourist Opportunities and Page 9 December 11-12,2012 Revised Economics of the Gulf Coast States Act of 2012). Approved— 5/0 P. Request for reconsideration by Commissioner Henning of Item#10C from the October 23, 2012 BCC Meeting titled: Appointment of member to the Collier County Planning Commission. Approved — 4/1 (Commissioner Coyle opposed) Q. Direct the County Attorney to negotiate a settlement agreement with Stephen J. Fletcher legal counsel, bring proposed settlement to the BCC. (Commissioner Henning) County Attorney to negotiate a settlement agreement with Mr. Fletcher's Legal Counsel — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) R. Direct the County Attorney to seek a Florida Attorney General Opinion regarding authorized uses of tourist development tax. (Commissioner Henning) Motion to approve the revised questions to send to the Attorney General - Approved 5/0 Wednesday, December 12, 2012 S. Recommendation to adopt a Resolution repealing Resolution No. 07-09 in its entirety so as to remove the requirement for a four-fifths (4/5) vote of the Board of County Commissioners for approval of certain types of settlement agreements resolving land use disputes or litigation. (Commissioner Henning) Resolution 2012-264 Adopted - 4/1 (Commissioner Fiala opposed) Wednesday, December 12, 2012 T. Recommendation to direct the County Attorney to negotiate a settlement agreement with Jerry and Kimberlea Blocker and bring the proposed settlement to the Board of County Commissioners for reconsideration. (Commissioner Henning) Motion to approve recommendations and County Attorney to bring back a settlement proposal at the January 8th BCC Meeting — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) Page 10 December 11-12,2012 U. Request for reconsideration by Commissioner Hiller of Item#11D from the November 13, 2012 BCC Meeting titled: Recommendation to approve the final beach access sign renderings for installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed) V. Request for reconsideration by Commissioner Hiller of Item#11M from the November 13, 2012 BCC Meeting titled: Recommendation to consider options for re-structuring the Board Office. Approved — 4/1 (Commissioner Coyle opposed) Wednesday, December 12, 2012 W. Recommendation that the Board of County Commissioners accept the settlement offer presented by Petitioners in DOAH Case No. 12-495; and, that the settlement agreement related thereto, as presented herein, be executed on December 11, 2012 by the Chair of the Board of County Commissioners on behalf of Collier County. (Commissioner Hiller) Motion to accept evidence — Approved 4/1 (Commissioner Coyle opposed); Motion to accept settlement offer with modifications and bring back after lunch to review— Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed); Item tabled until after lunch — Consensus; Motion to accept the changes of the agreement— Approved 3/1 (Commissioner Coyle opposed and Commissioner Fiala absent); Motion to accept the settlement Agreement— Approved 3/1 (Commissioner Fiala opposed and Commissioner Coyle absent) Time Certain (Per Agenda Change Sheet) X. This item to be heard at 2:30 p.m. Recommendation that effective immediately, Clam Pass be considered part of the ongoing management responsibilities of the Pelican Bay Services Division ("PBSD") including but not limited to all monitoring components such as biological, tidal, and hydrographic data collection, and, inlet dredge permitting/construction; that PBSD, exclusively, shall make recommendations to the Board of County Commissioners as to when the inlet should be dredged, and make such other recommendations related to managing the unified Clam Bay system as it deems necessary; further, that Clam Pass, being an integral part of the Clam Bay system, is managed as such. This is a companion to Item#10Y. (Commissioner Hiller) Page 11 December 11-12,2012 Motion to accept evidence presented by Jim Hoppensteadt — Approved 5/0; Motion to accept evidence presented by Ted Raia — Approved 5/0; Motion to Approve— Approved 5/0; Motion for Commissioner Hiller to send email to Linda Elligott with Army Corps of Engineers regarding dredging permit — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) Time Certain (Per Agenda Change Sheet) Y. This item to be heard at 2:30 p.m. Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. This is a Companion to Item#10X. (Commissioner Hiller) Approved - 3/2 (Commissioner Fiala and Commissioner Coyle opposed) Wednesday, December 12, 2012 Z. Recommendation that the Board of County Commissioners direct staff to prepare RFPs for the Collier County General Beach Re-nourishment construction project to include pricing for sand in 50,000CY increments over 200,000CY up to 500,000CY, to include pricing for both truck hauls and dredging, to include pricing for such re-nourishment activities outside of and within turtle nesting season, and to include that the offered prices will be fixed for a period of time at the expiration of which if construction has not commenced that the contract will lapse and be put back out to bid in the future; that staff further prepare an RFP for Fixed Term Coastal Engineering services to expand the number of firms available to provide such services to the county; that these RFPs shall be prepared and publicly advertised during the months of December and January, respectively. (Commissioner Hiller) Motion to approve part 2 of the recommendations for the fixed term contract with Coastal Engineers — Approved 3/1 (Commissioner Fiala opposed and Commissioner Coyle absent); Motion for staff to put out a sealed bid that includes recommendations — Approved 3/1 (Commissioner Fiala opposed and Commissioner Coyle absent) Wednesday, December 12, 2012 AA. Recommendation that the County Attorney be directed to handle all aspects of the FEMA beach re-nourishment reimbursement denial and de-obligation appeals on behalf of Collier County; to direct that staff provide the County Attorney with all requested information, and to assist his office in any Page 12 December 11-12,2012 manner he deems necessary; further, that the County Attorney assess what civil and/or criminal liability the county may face if the final determination on appeal is that the county materially misrepresented to the federal government (by way of overstatement) what the storm related beach re- nourishment expenses were, and report back to the Board of County Commissioners. (Commissioner Hiller) Approved — 4/0 (Commissioner Coyle absent) Wednesday, December 12, 2012 AB. Recommendation that the Board authorize the County Manager to sign the attached notice, and that such notice be given to terminate the Red Light Camera contract between Collier County and ATS, effective February 28, 2013; to direct that all red light cameras be duly removed from all intersections in accordance with the ATS contract; and, to further direct staff to investigate and report back to the Board (1) whether traffic lights can be retimed so drivers will encounter fewer red lights, (2) whether it is appropriate to increase the duration of the yellow light between the green and the red, and (3) whether it is appropriate to add or increase the "clearance" phase to the intersection's traffic signals during which all directions have a red light, all in the interest of enhancing the public's safety. (Commissioner Hiller) Motion to approve and staff to bring back a report on the timing of traffic lights at the first meeting in February 2013 — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) Time Certain (Per Agenda Change Sheet) AC. This item to be heard at 2:30 p.m. Recommendation to direct Turrell, Hall & Associates, Inc. to prepare a work order under Contract#10-5571 to update the existing Clam Bay Management Plan to ensure the preservation of the Clam Bay system and compliance with this preserve's Natural Resource Preservation Area ("NRPA") designation; and, to establish criteria as indicators for evaluation of dredging needs for the purpose of maintaining flushing for the environmental benefit of the Clam Bay system; to present such work order to the PBSD, the TDC, and the BCC at the first January, 2013 meeting of each of these respective boards. (Commissioner Hiller) Motion to direct staff to prepare a work order under Contract #10-5571 — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) Page 13 December 11-12,2012 AD. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. Resolution 2012-256: Appointing Ray Kane and Dan Sansevieri - Adopted 5/0 AE. Appointment of member to the Collier County Planning Commission. No recommendation (Commissioner Hiller) AF. Appointment of member to the Airport Authority Advisory Board. Motion to appoint Magda Ayala — Failed 2/3 (Commissioner Hiller, Commissioner Nance and Commissioner Henning opposed); Motion to re-advertise with specific qualifications — Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed) AG. Appointment of members to the Library Advisory Board. Resolution 2012-257: Re-appointing Carla Grieve and Doris Lewis - Adopted 5/0 AH. Appointment of members to the Vanderbilt Beach Beautification MSTU. Resolution 2012-258: Re-appointing William Sjostrom and Charles Arthur— Adopted 5/0 AI. Appointment of members to the Radio Road East of Santa Barbara Blvd. MSTU. Resolution 2012-259: Re-appointing Tom Depouw and Sue Chapin — Adopted 5/0 AJ. Appointment of members to the Development Services Advisory Committee. Resolution 2012-260: Re-appointing Robert Mulhere, William Varian, Dalas Disney, and David Dunnavant and Appointing Eleanor Taft — Adopted 5/0 AK. Appointment of member to the Affordable Housing Advisory Committee. Resolution 2012-261: Appointing Gerald Murphy — Adopted 5/0 AL. Appointment of member to the Contractor's Licensing Board. Resolution 2012-262: Appointing Ronald J. Doino, Jr. — Adopted 5/0 Page 14 December 11-12,2012 AM. Appointment of member to the Collier County Coastal Advisory Committee. Motion to appoint Larry Honig — Failed 2/3 (Commissioner Hiller, Commissioner Nance and Commissioner Henning opposed); Motion for County Manager to get clarification on qualifications and bring back at the next meeting— Approved 4/1 (Commissioner Coyle opposed) AN. Appointment of member to the Tourist Development Council. Resolution 2012-263: Appointing Marco Island Councilman Larry Sacher— Adopted 5/0 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to award a construction contract in the amount of$1,109,456.17 (which includes an allowance of$101,000) to Bonness, Inc. for ITB No. 12-5947 - "Roadway Improvements of Immokalee Road (CR846), Valewood Drive (southern extension) and Autumn Oaks Lane" Project No. 60016.5 (Jay Ahmad, Director, Transportation Engineering) Approved — 5/0 Wednesday, December 12, 2012 B. Recommendation to award Invitation to Bid (ITB) #12-5982 to Compass Construction, Inc. in the amount of$1,073,995 for the construction of the Immokalee South Park Community Center Project#80085 and authorize the Chairman to execute the attached contract and authorize any necessary budget amendments. (Barry Williams, Parks and Recreation Director) Approved - 4/0 (Commissioner Coyle absent) Time Certain (Per Agenda Change Sheet) Continued (Per Commissioner Hiller during Agenda Changes) C. This item to be heard at 4:30p.m. Recommendation to provide direction relative to reallocation of current Tourist Development Tax funding to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment. (Ed Finn, Sr. Budget Analyst, Office of Management and Budget) Time Certain (Per Agenda Change Sheet) Continued (Per Commissioner Hiller during Agenda Changes) Page 15 December 11-12,2012 D. This item to be heard at 4:30p.m. Recommendation to approve recognition of additional, uncommitted FY12 Carry Forward up to $450,000 and all necessary budget amendments for additional destination marketing efforts and Tourism Department staff. (Jack Wert, Tourism Director) Time Certain (Per Agenda Change Sheet) E. This item to be heard at 4:30p.m. Recommendation to approve and authorize the expenditure of Tourist Development Category "A" tax funds for a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$33,365. (Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department, Growth Management Division) Approved - 3/2 (Commissioner Henning and Commissioner Nance opposed) F. Recommendation to deny a lender's offer of settlement in the Code Enforcement Action entitled Board of County Commissioners vs. Tricia Jenks, Code Enforcement Case Number CESD20090001470, relating to property located at 830 3rd Street NW, Collier County, Florida, as contrary to Resolution 2012-46. (Diane Flagg, Code Enforcement Director) Motion to accept staff recommendations — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) Wednesday, December 12, 2012 G. This item to be heard at 9:00 a.m. Recommendation to approve proposed changes that would repeal and replace the Animal Control Ordinance (Ordinance No. 2008-51, as amended) and direct the County Manager or his designee to advertise ordinance changes to be approved by the Board at a future meeting. (Amanda Townsend, Domestic Animal Services Director) Staff to bring back the committee recommendations and the County Attorney to bring back a report after coordinating with Court Administration regarding fines — Approved 5/0 Wednesday, December 12, 2012 H. Recommendation to review the County's progress coordinating permitting and inspection activities with the building industry and the independent fire districts (Districts) and staff's request for direction on future actions regarding the same. (Nick Casalanguida, Growth Management Division Administrator) Page 16 December 11-12,2012 Continued to a January BCC Meeting (County Manager to determine date) Wednesday, December 12, 2012 I. Recommendation to consider the current status of the County's initiative seeking direct vehicular permanent access from Golden Gate Estates to I-75 and staffs request for direction regarding future initiatives. (Nick Casalanguida, Growth Management Division Administrator) Motion to defer 2021-2026 and bring back for further discussion and staff prepare a resolution at a future BCC Meeting— Approved 4/0 (Commissioner Coyle absent) Wednesday, December 12, 2012 J. Recommendation to approve obtaining appraisals (not to exceed $10,000) for Fifth Third Bank properties located north of the Naples Zoo leased property. Cost of appraisals will be reimbursed by the Naples Zoo. (Steve Carnell, Interim Public Services Administrator) Motion to Continue Indefinitely — Approved 4/0 (Commissioner Coyle absent) Wednesday, December 12, 2012 K. Recommendation to review the Growth Management Division's (GMD) progress implementing an electronic plan submittal and digital plan review system and further; to authorize one additional Full Time Employee (FTE) to manage the system. (James French, Director of Operations & Regulatory Mgmt., Growth Management Division) Continued to a January BCC Meeting (County Manager to determine date) Wednesday, December 12, 2012 Moved from Item #16E2 (Per Commissioner Nance during Agenda Changes) L. Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., that are part of the Gulf American Corporation (GAC) Land Trust. Continued to a January BCC Meeting (County Manager to determine date) 12. COUNTY ATTORNEY'S REPORT Page 17 December 11-12,2012 Moved from Item #16K1 (Per Agenda Change Sheet) A. Recommendation to request for authorization to advertise and bring back for future consideration an ordinance establishing prohibitions to the possession, provision, sale, or distribution of illicit synthetic drugs in Collier County. Approved - 5/0 Wednesday, December 12, 2012 Added (Per Agenda Change Sheet) B. Notice of Closed Session to discuss Hussey Litigation, January 8, 2013 BCC Meeting. Read into the record during Staff and Commission General Communications 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Wednesday, December 12, 2012 Moved from Item #16G1 (Per Agenda Change Sheet) 1) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Second Amendment to the Long-Term Ground Lease and Sub-Lease Agreement with Turbo Services, Inc. Continued to a January BCC Meeting (County Manager to determine date) B. COMMUNITY REDEVELOPMENT AGENCY Wednesday, December 12, 2012 1) Recommendation that the Board of County Commissioners, Acting as the Collier County Community Redevelopment Agency (CRA), elect a Vice Chairman to fill the incomplete term of the vacated office. Continued to a January BCC Meeting (County Manager to determine date) Page 18 December 11-12,2012 2) This item to be heard at 11:00 a.m. Recommendation that the Community Redevelopment Agency (CRA) reject the sole response to RFP#12-5945 and authorize CRA staff to work with the Collier County Purchasing Department to release a new RFP to procure the professional services of a real estate firm to market and sell CRA owned land for development of the approved MPUD. Approved— 5/0 Wednesday, December 12, 2012 3) Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve the after-the-fact submittal of the attached Florida Department Of Transportation (FDOT) Highway Beautification Council grant application to Immokalee CRA/MSTU seeking grant funding in the amount of$100,000 to support landscaping and irrigation improvements associated with the Immokalee Main Street Improvements project in the Immokalee Central Business District. Continued to a January BCC Meeting (County Manager to determine date) Wednesday, December 12, 2012 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Ochs — Clarification on Items #10I & #10J regarding design services and permit application conflicts B. Mr. Klatzkow— Notice given and read into the record the regarding the time certain shade session for the Hussey and Blocker cases at the January 8, 2013 Meeting C. Commissioner Henning — Motion requesting that staff no longer take anonymous complaints regarding all Code Enforcement and Animal Control issues — Approved 3/1 (Commissioner Fiala opposed and Commissioner Coyle absent) D. Commissioner Hiller— ATS letter received by Commissioner Fiala from Sheriff Rambosk not supporting the termination of the red light camera program entered into the record E. Commissioner Hiller— Motion to change representative for the Gulf Consortium from Commissioner Fiala to Commissioner Henning — Approved 3/1 (Commissioner Fiala opposed and Commissioner Coyle absent) Page 19 December 11-12,2012 F. Commissioner Hiller— Motion to lift the stay on Items #10I and #10J to not jeopardize funding — Approved 3/0 (Commissioner Coyle and Commissioner Henning absent) G. Motion to adjourn — Approved 3/0 (Commissioner Coyle and Commissioner Henning absent) 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 final acceptance of the water and sewer utility facilities for Manchester Square, (PL#20110000280) and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. A final inspection performed by Engineering Services found facilities satisfactory and acceptable 2) Recommendation to approve final acceptance of the sewer utility facility for Manchester Square — Force Main, (PL#20110000915). A final inspection performed by Engineering Services found facilities satisfactory and acceptable 3) Recommendation to declare a 0.28 acre parcel of land on Tamiami Trail East as surplus property, to authorize the conveyance of the property back to the State of Florida, and to accept the conveyance of an easement to Collier County and the Collier County Water-Sewer District. (Estimated Fiscal Impact: None.) At the intersection with Airport Road and Peters Avenue 4) Recommendation to accept a Speed Limit Study Report and adopt a Resolution authorizing a speed limit decrease from thirty miles per hour (30 mph) to twenty-five miles per hour (25 mph) on Danford Page 20 December 11-12,2012 Street from Bayview Park to Hamilton Avenue at a cost of approximately $200. Resolution 2012-235 5) Recommendation to accept a Speed Limit Study Report and adopt a Resolution authorizing speed limit changes within Willoughby Acres and on Piper Boulevard at a cost of approximately $5,625. Resolution 2012-236 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 an extension for completion of site improvements associated with the Site Development Plan (SDP) for Youth Haven, (AR#13286) pursuant to Section 10.02.03.B.2.g of the Collier County Land Development Code. The property owner requested an extension until January 13, 2014 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Reflection Lakes at Naples, 217 - 219 (PL20120002312). The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 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 for recording the final plat of Quarry Coquina Circle, (PL20120001085), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 21 December 11-12,2012 participants are required to be sworn in. Recommendation to approve for recording the final plat of Canwick Cove, (PL20120001486), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 10) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Aviano at Naples, AR #6583 (Balmoral PUD) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-237 11) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Parcel 111 (AR #473) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-238 12) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Parcel 112 (AR #792) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-239 13) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Parcel 113, (AR #1894) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-240 14) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Unit Two (AR #295) with the roadway and drainage improvements being privately Page 22 December 11-12,2012 maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-241 15) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Parcel 117 (AR #7087), with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-242 16) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Mediterra Parcel 120 (AR #1082) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-243 17) 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 a Release relative to the subdivision improvements associated with the final plat of Casa Del Vida and return the remaining maintenance security in the amount of$8,460 to the Casa Del Vida Homeowner's Association. Located on 111th Avenue North between Tamiami Trail and Vanderbilt Drive 18) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Prato Way, A Replat of Lots 1 & 2, (FP-PL20120002521). This plat is a re-subdivision of Lots within the Tuscany Reserve Planned Unit Development (PUD). The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 19) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 23 December 11-12,2012 participants are required to be sworn in. Recommendation to approve for recording the final plat of Riverstone - Plat Three (PL20120001441), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 20) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Tuscany Reserve, (AR #2274) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012-244 21) Recommendation to approve and execute documents necessary for the conveyance of water utility facilities located in the Linwood Way Right-of-Way to the City of Naples. (Gateway Triangle Stormwater Pump Station Project#51803). 22) Recommendation to approve the purchase of easements required for the four-laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $14,400). Property located at 4189 Golden Gate Blvd. E. - Folio #40744240005 23) Recommendation to award Bid#13-5995 for "SR 951 from the Mc Llevane Bridge to Jolley Bridge Landscape Maintenance" to Affordable Landscaping Service & Design, LLC. in the amount of $59,183.42. 24) Recommendation to approve a Resolution revising the "Construction Standards Handbook for Work within the Right-of-Way, Collier County, Florida," in accordance with Ordinance No. 2009-19, as amended, so as to allow an adjacent property owner to plant minimal vegetation enhancements within a right-of-way without obtaining a right-of-way permit. Resolution 2012-245 Page 24 December 11-12,2012 • 25) Recommendation to recognize the commitment of the prepayment of road impact fees in the Hammock Park Commerce Centre Developer Agreement (Agreement) recorded in O.R. Book 4202, Page 675 and to convert a temporary three year Certificate of Public Facility Adequacy (COA) into a COA in perpetuity. Prepayment has been made by the new owner Wilton Land Company, LLC 26) This item continued from the November 13, 2012 BCC meeting. Recommendation to execute a License Agreement with the Barefoot Beach Club Condominium Owners Association, Inc. and The Conservancy to allow for mangrove trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach. For approximately 2.64 acres of mangroves 27) Recommendation to authorize the cooperative purchase of Ground Application Services for Aquatics, Wetland and Terrestrial Vegetation Control from Applied Aquatics in the estimated annual amount of $300,000, utilizing the South Florida Water Management District Contract No. 46000002497. For fertilization, herbicide and chemical spraying of County maintained swales and retention ponds 28) 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. As detailed in the Executive Summary 29) Recommendation to approve Interlocal Agreement (Agreement) with the City of Naples and execute documents necessary for the Design Build Golden Gate Boulevard Bridge Replacements raw water main relocation. Bridge Repairs/Improvements (Fiscal impact: revenue of $616,178.75) Project#66066. Work to be completed by the end of the third quarter of 2013 30) Recommendation to approve the release of lien in the amount of $207,932.10 for payment of$15,932.10, in the Code Enforcement Action entitled Board of County Commissioners vs. Graciela Susi, Code Enforcement Case Number CEPM20080008180, relating to Page 25 December 11-12,2012 property located at 2130 Morning Sun Lane, Collier County, Florida. For fines pertaining to no protective barrier surrounding the swimming pool 31) Recommendation to approve the release of lien in the amount of $46,081.15 for payment of$21,481.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Deutsche Bank National Trust Co., Code Enforcement Case Number CESD20110013221, relating to property located at 4540 7th Avenue SW, Collier County, Florida. For fines pertaining to unpermitted additions 32) Recommendation to approve a permit to conduct the annual St. Agnes Catholic Church Parish Carnival on January 18th, 19th and 20th, 2013 located at 7775 Vanderbilt Beach Road, in Golden Gate Estates, and to recommend waiver of the Surety Bond in the amount of$2,500 for the St. Agnes Catholic Church Carnival. 33) Recommendation to reject all bids for Invitation to Bid (ITB) #12- 5857 Nuisance Abatement Services and extend the awards associated with previous solicitation #11-5646 to Neal's Lawn and Landscaping Maintenance, A & M Property Maintenance, and Walker Exotic Tree eradication until December 13, 2013 or the award of a new contract for these services. 34) Recommendation to approve a reduced prorated payment to Better Roads, Inc. in the amount of$35,907.31, for its paving of Johns Street and Carlton Street under the County's Annual Resurfacing Contract #09-5328, without advance authorization from County staff and prior to the scheduled resurfacing date for those roads. 35) Recommendation to approve and authorize the Chairman to sign a Retention Agreement for legal services with FEMA Law Associates, PLLC pertaining to an appeal concerning the de-obligation of FEMA funds related to Hurricanes Katrina and Wilma with a request to open a Purchase Order in an amount not to exceed $20,000. Added (Per Agenda Change Sheet) Page 26 December 11-12,2012 36) Recommendation to authorize the partial release of four liens in relation to four Special Magistrate orders entitled Collier County v. Timothy Nelson, CEB Case Nos. CENA-2009-0015974; CEV-2009- 0015983; CESD-2009-0015977, and CEPM-2009-0015979, to release the liens with respect to 2621 Tarpon Road, Collier County, Florida. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve the attached Amendment No. 1 to Contract No. 12-5863 between the CRA and URS Corporation for CEI Services for the Immokalee Downtown Stormwater Improvements Project. Extending this contract until June 21, 2013 in order for the CRA to add an asphalt overlay component to the project C. PUBLIC UTILITIES DIVISION 1) Recommendation to terminate the Utility Facilities Reimbursement Agreement dated February 20, 1996, relating to property located at the northeast corner of the intersection of Collier Boulevard (CR 951) and Johns Road in Section 23, Township 50 South, Range 26 East, Collier County. Termination was requested by the property owner 2) Recommendation to (1) approve the Utility Easement Agreement with First Choice Storage, L.C. for the acquisition of a Utility Easement to accommodate improvements to Pump Station 312.21 for a total cost not to exceed $7,250, Project Number 70046, and (2) accept the proposed Utility Easement on behalf of the County and direct staff to record same. Located off of Tollgate Blvd. — Folio #76885050652 3) Recommendation to approve a Utility and Access Easement for the acquisition of additional easement area at no cost from ARCFLSV, LLC, to accommodate improvements to Pump Station 310.01, Project Number 70046. Page 27 December 11-12,2012 Property located on Saint Clair Shores Road off Radio Road — Folio #00293400006 4) Recommendation to approve an amendment to Contract#11-5752 to correct an error in the terms and conditions to be in agreement with the Board-approved amount. For Licensed Application Software with GE Intelligent Platforms, Inc. 5) Recommendation to approve the Satisfactions of Lien for the 1994 and 1996 Solid Waste Collection and Disposal Services Special Assessments where the County has received payment in full satisfactions of the lien. Fiscal Impact is $38.50 to record the Satisfactions of Lien. Resolution 2012-246 6) Recommendation to approve removing uncollectible accounts receivable and their respective balances from the financial records of the Collier County Public Utilities Division in the amount of $57,481.48. From October 2006 through January 2008 D. PUBLIC SERVICES DIVISION 1) Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2011- 2012 as required by the U.S. Department of Housing and Urban Development (HUD); approve the CAPER Resolution; and authorize the Chairman to certify the CAPER for submission to HUD. Resolution 2012-247 2) Recommendation to approve a resolution indicating the Collier County Board of County Commissioners' desire to be re-designated as the Community Transportation Coordinator for Collier County and requesting the Collier Metropolitan Planning Organization recommend it be so re-designated to the Florida Commission for the Page 28 December 11-12,2012 Transportation Disadvantaged. Resolution 2012-248 3) Recommendation to authorize the Chairman to execute a Grant Agreement for the U.S. Department of Housing and Urban Development (HUD) funded Second Allocation of the Emergency Solutions Grant (ESG) grant in the amount of$53,219. To support the homeless prevention/homeless outreach assistance rapid re-housing assistance component of the grant program 4) Recommendation to enter into a Residential Lease Agreement with Collier County Sheriffs Deputy Arlo Hagen to reside at Pepper Ranch Preserve, 6315 Pepper Road, Immokalee, FL 34142. Having an officer with jurisdictional arrest capability reside on the property in order to keep watch over the preserve 5) Recommendation to approve Amendment 2 to Contract No. 11-5753, Electronic Fareboxes for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program to correct technical language in the agreement, and approve the Software License Agreement between Fare Logistics Corporation and Collier County with a future annual fiscal impact of$17,535 after expiration of 5 year warranty period. Correcting the reference to the fare media from magnetic to smart media farecards, the reference to manual probing to retrieve data to the wireless technology and clarifying warranty language Continued to the January 8, 2013 BCC Meeting (Per Agenda Change Sheet) 6) Recommendation to approve two (2) Subrecipient Agreements (first time homebuyers and foreclosure prevention) in the total amount of $156,174 for the 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 No. 11E). 7) Recommendation to approve amendments to specific contract conditions within seven (7) U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Page 29 December 11-12,2012 subrecipient agreements for Fiscal Year 2010-2011 and 2011-2012. The changes are in line with HUD guidelines for 24 CFR Part 570 Subpart K language and records retention time frames for both HUD and State regulations. Subrecipients affected are: City of Naples—Park Improvements, David Lawrence Center-Going Green, Guadalupe Center, Collier County Housing Authority TBRA Administration, Housing Development Corp. of SW FL, City of Naples-Parking and Landscaping Improvements and David Lawrence Center- Generator 8) Recommendation to approve an amendment to authorize specific reimbursement within the Subrecipient agreement between Collier County and David Lawrence (DLC) to operate the Collier County Drug Court Program and authorize the County Manager or his designee to request a Grant Adjustment Notice (GAN) to initiate a zero-cost budget amendment to the Drug Court Grant#2010-DC-BX- 0016. 9) Recommendation to approve a one-time exception to the 2011-2012 Community Development Block Grant (CDBG) agreement between The Shelter for Abused Women & Children (Shelter) and the Collier County for an after the fact approval of a sub-contract between the Shelter and Legal Aid Service of Collier County, and make a determination of compliance with the terms of the Scope of Services set forth in Exhibit "A" of the agreement, as well as to amend the agreement in order to add SubPart K and records retention timeframes for both the State and HUD regulations and modify the budget. This amendment will not change the funding level. Withdrawn (Per Agenda Change Sheet) 10) Recommendation to authorize the execution of grant award for the construction of additional bus shelters in the amount of$276,000 through the Federal Transit Administration (FTA) Transportation Electronic Award Management (TEAM) System and authorize the necessary budget amendment. 11) Recommendation to approve the Resolutions authorizing the submittal of the Federal Transit Administration Sections 5310 and 5311 Page 30 December 11-12,2012 FY2013/2014 grant applications and applicable documents for submission to the Florida Department of Transportation (FDOT). Resolution 2012-249 (5310) Resolution 2012-250 (5311) 12) Recommendation to execute a Joint Participation Agreement (JPA) between Collier County and the Florida Department of Transportation to accept a State Transit Service Development Program Grant in the amount of$237,919 including a local match requirement of $59,479.75 for the necessary improvements to bus stops in accordance with the American with Disabilities Act (ADA); approve a resolution authorizing the Chairman of the Board to sign the agreement; and authorize the necessary Budget amendments. Resolution 2012-251 13) Recommendation to execute an agreement between Collier County and the Collier County Child Advocacy Council Inc., d/b/a Children's Advocacy Center of Collier County (CCCAC), for operation of the Supervised Visitation and Exchange grant funded program via the Department of Justice (DOJ) on Violence Against Women; incorporating grantor required adjustments to the application budget and associated budget narrative, with no change to the total budget (Fiscal Impact $350,000). 14) Recommendation to approve an after-the-fact amendment between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida to reflect additional grant funding in the amount of$544 for the Nutritional Services Incentive Program (NSIP) and authorize the Chairman of the Board to authorize the necessary Budget Amendment. Received on October 1, 2012 and staff missed the agenda deadline for the November 13, 2012 BCC Meeting 15) Recommendation to accept receipt of the 2012 Incentive Review and Recommendations report prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, State Housing Initiatives Partnership Program (SHIP). Required every 3 years to report on established policies, Page 31 December 11-12,2012 procedures, ordinances, land development regulations and the local Comprehensive Plan 16) Recommendation to approve an after-the fact amendment and attestation statement between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida to reflect a revision in the budget summary page to include 24- hour respite services for the Community Care for the Elderly Program. 17) Recommendation to approve an after-the-fact Nutrition Services Incentive Program (NSIP) contract with Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida and approve a subsequent budget amendment in the amount of$35,146 for FY 2013. Received on October 1, 2012 and staff missed the agenda deadline for the November 13, 2012 BCC Meeting 18) Recommendation to approve an agreement between the Collier County Board of Commissioners and the David Lawrence Mental Health Center, Inc. (DLC) for provision of mandated services, in the amount of$1,154,200. Providing behavioral and substance abuse services 19) Recommendation to authorize a budget amendment recognizing $19,450 in program income revenue generated by affordable rental properties acquired under the Neighborhood Stabilization Program (NSP1). For August through November 2012 rent on 9 properties located on Gilchrist Street 20) This item continued from the November 13, 2012 BCC meeting. Recommendation to authorize a budget amendment recognizing $277,867.36 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). Property located at 4437 54th Ave. NE, 4910 42nd Street NE, 503132nd Avenue SW and 2545 45th Ave. NE Page 32 December 11-12,2012 Continued Indefinitely (Per Agenda Change Sheet) 21) Recommendation to approve an amendment to the Developer Agreement with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 (NSP3) to reflect updates to the US Census Tracts. 22) Recommendation to authorize staff to notify applicant of the County's cancellation of the "As Is" Contract for Sale and Purchase for a property in the Neighborhood Stabilization Program (NSP1). As detailed in the Executive Summary 23) Recommendation to authorize the Parks and Recreation Department Director to provide a tour of park facilities for any interested citizen with the purpose of enhancing the public's knowledge of current park amenities available to the community. 24) Recommendation to approve an after-the-fact amendment between Collier County and the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida to reflect a change in the Home Care for the Elderly (HCE) grant program. Collier County as lead agency will pay vendors directly for in- home services and supplies 25) Recommendation to authorize a budget amendment in the amount of $22,509.47 and recognize revenue generated from case management and case aid from the Medicaid Waiver program. For the period of April 20, 2011 through October 5, 2012 26) Recommendation to approve award of Request for Proposal (RFP) #12-5856 Services for Seniors to all vendors named herein and authorize the Chairman to execute associated agreements and authorize continued services and payment on invoices for contracts affiliated with the predecessor Contract#09-5227 until all contracts are fully executed (estimated fiscal impact $550,000). 27) Recommendation to approve and execute documents necessary for the conveyance of utility easements on County property located at the Naples Zoo, 1590 Goodlette-Frank Road, to the City of Naples, at no cost to the County. Page 33 December 11-12,2012 For potable and irrigation water infrastructure installed on County property 28) Recommendation to approve a contract amendment and Attestation Statement between the Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Choices of Southwest Florida and Collier County to extend the grant period by sixty days, approve budget amendments to reflect estimated funding for the FY 13 Older Americans Act Program in the amount of$642,226, with local match funding from carry forward in Services to Seniors Fund 123 in the amount of$64,222.60 and authorize the continued payment of grant expenditures. For Lead Agency Operations, Congregate Meals, Home Delivered Meals and Caregiver Support 29) Recommendation to waive the Purchasing Policy and deem GameTime, Inc a sole source vendor, and authorize the necessary budget amendment in the amount of$78,919.94 for the purchase of playground equipment at the Eagle Lakes Park and approve the cooperative purchase under US Communities contract#110179. 30) Recommendation to reject all bids for Inivitation to Bid (ITB) #13- 5986 Gordon River Greenway Park and re-solicit bids for this project. Providing additional clarity by revising the project plans, specifications and bid schedule 31) Recommendation to authorize the Chairman to sign an application with the Florida Department of Agriculture and Consumer Services for permits in order to continue the sale of food, ice, and beverages at Port of the Islands Marina, Cocohatchee River Marina, Goodland Boating Park Marina, and Caxambas Park Marina at an expense of $965. A permit is required to provide these products to the public E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award Request for Proposal (RFP) #12-5812 Fire Sprinkler Alarm Testing and Installation to Cintas Corporation No.2, DBA Cintas Fire Protection and authorize the Chairman to execute the County's standard agreement. Page 34 December 11-12,2012 Terms for an initial two (2) years with two additional one (1) year renewal periods Moved to Item #11L (Per Commissioner Nance during Agenda Changes) 2) Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., that are part of the Gulf American Corporation (GAC) Land Trust. 3) Recommendation to execute the attached Modification to the annual Emergency Management Preparedness and Assistance Grant (EMPG), Contract #13-FG-86-09-21-01-078, amending Attachment C (Program Conditions). As detailed in the Executive Summary 4) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to renew the North Naples Fire Control and Rescue District's Certificate of Public Convenience and Necessity for Advanced Life Support non- transport services for one year and authorize the Chairman to execute the Permit and Certificate. Commencing on January 1, 2013 and expiring on December 31, 2013 5) Recommendation to authorize the purchase of power and cooling equipment maintenance agreements for County Information Technology hardware from Insight Public Sector, Inc. for the County's Schneider Electric (APC) power and cooling equipment in the amount of$69,709 utilizing U.S. Communities IT Products & Services Contract #4400001195 (RQ09-997736-42B). 6) Recommendation to approve and execute a Fourth Amendment to Lease Agreement Between Collier County and Collier County Fair and Exposition, Inc., to provide clarification for events to be conducted at the Fairgrounds. Addressing the limitation on amplified sound at the fairgrounds as well as the shared cost for any maintenance to the sign at the property Page 35 December 11-12,2012 7) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2013 in the amount of $672,290, a rate increase of 14.6%. 8) Recommendation to approve the 2012-2015 Collective Bargaining Agreement between Collier County and the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters Local 1826, International Association of Firefighters, Incorporated. As detailed in the Executive Summary 9) Recommendation to approve the renewal of the Lease Agreement with the Retreat at Port of the Islands LLC for the Ochopee Fire Control District. To house employees and equipment until renovations to Fire Station 61 are completed 10) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period of October 31, 2012 to November 21, 2012 11) Recommendation to acknowledge and approve the transfer of ownership to Choice Environmental Services of Collier, Inc., a wholly owned subsidiary of Choice Environmental Services, Inc. which was recently acquired by Waste Services of Florida, Inc. a wholly owned subsidiary of Waste Services, Inc., as it relates to Contract#09-5319 for solid waste, recyclable materials, and yard trash collection services. Choice Environment was acquired by Waste Services of Florida on November 16, 2012 F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2012-252 2) Recommendation to extend Public Financial Management's (PFM) financial advisory services contract (#08-5081) for six months to June Page 36 December 11-12,2012 15, 2013 allowing for services to be provided on pending debt restructuring under consideration by the Finance Committee while public request for proposals covering a new financial advisory services contract are solicited. G. AIRPORT AUTHORITY Moved to Item #14A1 (Per Agenda Change Sheet) 1) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Second Amendment to the Long-Term Ground Lease and Sub-Lease Agreement with Turbo Services, Inc. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on October 25, 2012. The sum of$23 to be paid from Commissioner Fiala's travel budget. Held at the Hilton Hotel, Naples 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Friends of the Library Red, White & Roulette on November 2, 2012. The sum of$29 to be paid from Commissioner Fiala's travel budget. Held at the Waldorf Astoria Naples, 475 Seagate Drive 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2012 Golden Gate Citizens of the Year Banquet on November 13, 2012. The sum of$35 to be paid from Commissioner Fiala's travel budget. Held at the Vanderbilt Country Club 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Chamber of Commerce 35th Anniversary & 2012 Christmas Gala on December 2, 2012. The sum of$75 to be Page 37 December 11-12,2012 paid from Commissioner Fiala's travel budget. Held at Bistro Soleil, 100 Palm Street, Marco Island 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on November 15, 2012. The sum of$18 to be paid from Commissioner Fiala's travel budget. Held at Hamilton Harbor, 7065 Hamilton Avenue 6) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Wake up Naples; Greater Naples Chamber Honor Collier County's Finest for Distinguished Public Service at the Naples Hilton on November 14, 2012. $13 to be paid from Commissioner Hiller's travel budget. 7) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will attend the Collier County Lodging & Tourism Alliance Holiday Mixer at the Ritz-Carlton Golf Resort, Naples, FL on December 12, 2012. $10 to be paid from Commissioner Hiller's travel budget. Located at 2600 Tiburon Drive 8) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Immokalee Chamber of Commerce monthly breakfast meeting at Roma Havana Restaurant in Immokalee, FL on November 7, 2012. $10 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of October 27, 2012 through November 2, 2012 and for submission into the official records of the Board. Page 38 December 11-12,2012 2) To obtain Board approval for disbursements for the period of November 3, 2012 through November 9, 2012 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of November 10, 2012 through November 16, 2012 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of November 17, 2012 through November 23, 2012 and for submission into the official records of the Board. 5) 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 Bristol Pines Subdivision. Subdivision located off of Tree Farm Road K. COUNTY ATTORNEY Moved to Item#12A (Per Agenda Change Sheet) 1) Recommendation to request for authorization to advertise and bring back for future consideration an ordinance establishing prohibitions to the possession, provision, sale, or distribution of illicit synthetic drugs in Collier County. 2) Recommendation to approve a Mediated Settlement Agreement prior to trial in the lawsuit entitled Vernon H. Young and Jeanne M. Young v. Collier County and Wyndemere Homeowners Association, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11-834-CA) which settlement includes relocation of certain utilities and landscaping on Mrs. Young's property, accept a Utility Easement from Mrs. Young, and payment of$10,000, and authorize the Chairman to execute the Settlement Agreement and Release, the Mediation Agreement, and for the Board to accept the Utility Easement. Total fiscal impact not to exceed $50,000. Relating to a sewer system upgrade in 2009 Page 39 December 11-12,2012 3) Recommendation to approve a Retention Agreement for legal services with the law firm of Henderson, Franklin, Starnes & Holt, P.A. Providing services in the area of labor and employment law 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 continued from the November 13, 2012 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. CU-PL20120001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. Resolution 2012-253 B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida determining that Animal Specialty Services — Pet Grooming Only is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use Page 40 December 11-12,2012 within the Goodlette Corners PUD, as authorized in Section 3.3 of Ordinance 04-40. The subject property is located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2012-254 C. Recommendation to approve the attached proposed Ordinance to repeal Ordinance Number 80-43 to dissolve the Goodland Water District. Ordinance 2012-43 D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2012-255 Continued to the January 22, 2013 BCC Meeting (Per Agenda Change Sheet) E. Recommendation to adopt an ordinance which would establish limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the sale and/or purchase of secondhand goods (secondhand dealers). 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 41 December 11-12, 2012