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Recap 12/13-14/2011 RCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority LA AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 December 13 -14, 2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice - 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 -243, 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 13-14,2011 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. 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 the consent and summary agenda) Approved and/or Adopted with changes — 5/0 B. October 11, 2011 - BCC /Regular Meeting Approved as amended — 510 Page 2 December 13-14,2011 C. October 25, 2011 - BCC /Regular Meeting Approved as presented — 5/0 D. November 8, 2011 - BCC /Regular Meeting Approved as presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. ADVISORY BOARD MEMBERS 1) 5 Year Attendees a) William J. Varian, Development Services Advisory Committee Presented b) Robert A. Miller, Tourist Development Council Not present c) Marcia Breithaupt, Animal Services Advisory Board Not present d) William Deyo, Immokalee Beautification MSTU Advisory Committee Presented e) Dennis Vasey, Floodplain Management Planning Committee Presented i7 Pierre Bruno, Floodplain Management Planning Committee Presented g) Philip Brougham, Floodplain Management Planning Committee Presented h) Clarence Tears, Floodplain Management Planning Committee Presented i) Joseph Gagnier, Floodplain Management Planning Committee Presented Page 3 December 13-14,2011 j) Llewellyn Schmidt, Floodplain Management Planning Committee Presented 2) 10 Year Attendees a) Mark Strain, Collier County Planning Commission Presented b) Paul Midney, Collier County Planning Commission Not present c) Richard E. Lydon, Vanderbilt Beach Beautification MSTU Advisory Committee Presented 3) 15 Year Attendees a) Richard E. Joslin, Jr., Contractor's Licensing Board Not present 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating December, 2011 as Make -A -Wish Foundation Month in Collier County. To be accepted by Reg and Sandra Buxton, Make -A -Wish Foundation President's Council of Collier County. Sponsored by Commissioner Coyle. Adopted — 510 B. Proclamation recognizing Naples Christian Academy for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Trusha Barner, Director of Students & Parent Services and Barbara McWilliams, Art and Middle School Teacher. Sponsored by Commissioner Henning. Adopted — 510 (Accepted by Dr. Phil Tingle, Interim Head Master) 5. PRESENTATIONS A. Presentation of Collier County's Business of the Month for December, 2011 Page 4 December 13-14,2011 to Cruise Naples. Accepting the award are Harry and Lance Julian. Presented B. Presentation recognizing winners of the Collier County Commuter Services Day Challenge and County's designation as a "Best Workplace for Commuters ". Accepting trophies are Dennis Linguidi, Facilities Manager, Facilities Management and Robert St. Cyr, Director of Community Outreach, Clerk of Court's Office. Presented C. Recommendation to recognize Mario Garcia, SCADA Operator, Wastewater Department, as Employee of the Month for November, 2011. Presented 6. PUBLIC PETITIONS A. Public Petition request from John Rogers regarding the termination of Emilio Rodriguez. Motion to accept additional information into the record — Approved 4/0 (Commissioner Hiller absent); Motion to accept petition packet into the record — Approved 510; Motion to conduct an outside investigation, request the Clerk to perform an audit and to bring back at a future BCC Meeting — Failed 2/3 (Commissioner Coyle, Commissioner Coletta and Commissioner Henning opposed); Motion directing the County Manager to provide a full report to the Commissioners - Approved 5/0 B. Public Petition request from Kathleen Pratt regarding water /sewer billing. Discussed Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard immediately following Item #10L CP- 2008 -551 Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the Page 5 December 13-14,2011 entire Master Plan that includes: increases to commercial acreage, industrial acreage and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and re- designation of approximately 103 acres to the Immokalee Urban Area from Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the re- designation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing) Motion to approve — Failed 3/1 (Commissioner Hiller opposed and Commissioner Henning abstained) B. Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance) amending Schedules One, Three, Four, Seven, Eight and Nine of Appendix A, Road, Parks and Recreation, Correctional Facilities, Emergency Medical Services, Library and General Government Building Impact Fee Rate Schedules in accordance with adopted indexing methodology, utilizing a two -year average, that provides for reduction in rates; accepting calculation of the indexing percentage for the (Dependent) Fire Impact Fees (Isles of Capri & Ochopee) in accordance with adopted indexing methodology, utilizing a two -year average, but providing current (Dependent) Fire Impact Fee rates remain in effect, provided in Schedule Five of Appendix A, rather than increasing fees as calculated; accepting calculation of the indexing percentage for the Educational Facilities (School) Impact Fees in accordance with adopted indexing methodology, utilizing a two -year average, but providing current Educational Facilities (School) Impact Fee rates remain in effect, as set forth in Schedule Six of Appendix A, as those rates are lower than rates that would be generated by application of the index, based on the 50% reduction of fees that was implemented in October, 2010; accepting calculation of indexing percentages for the Law Enforcement Impact Fee in accordance with adopted indexing methodology, utilizing a two -year average, but providing Phase II Law Enforcement Impact Fee rates will go into effect December 20, 2011, as previously advertised and adopted, as Phase II rates are lower than those that would be generated by application of the index; and providing for a delayed effective date of December 20, 2011, in order to provide time for filing with Florida's Department of State and to notify local municipalities of the new rates. Ordinance 2011 -44 Adopted - 510 Page 6 December 13-14,2011 r, Moved from Item #17A (Per Agenda Change Sheet) C. Recommendation to approve a resolution allowing the Collier County Water -Sewer District to expand water and wastewater service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding areas, that are currently outside existing boundaries. Resolution 2011 -227 Adopted - 510 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of a member to the Consumer Advisory Board. Resolution 2011 -228: Appointing Robert Whitaker — Adopted 5/0 B. Appointment of a member to the Golden Gate Estates Land Trust Committee. Resolution 2011 -229: Appointing W. James Flanagan, III — Adopted 5/0 C. Appointment of a member to the Radio Road East of Santa Barbara Boulevard to Davis Boulevard MSTU Advisory Committee. Resolution 2011 -230: Appointing Janice Bundy — Adopted 510 D. Appointment of a member to the Immokalee Enterprise Zone Development Agency. Resolution 2011 -231: Appointing Angel Madera, Jr. (Business Owner Category w /term expiring April 4, 2013) — Adopted 510 E. Appointment of members to the Isles of Capri Fire Control District Advisory Committee and consideration to add an alternate member to the committee. Resolution 2011 -232: Re- appointing James Gault and Appointing James Hughes — Adopted 510 F. Appointment of members to the Emergency Medical Services Policy Advisory Board. Resolution 2011 -233: Re- appointing Rosemary LeBailly (ER Nurse Category w /term expiring September 25, 2015) and Appointing Tabitha Butcher (EMS Category w /term expiring September 25, 2013) — Adopted 510 G. Appointment of members to the Development Services Advisory Page 7 December 13 -14, 2011 Committee. Resolution 2011 -234: Re- appointing Ray Allain (GC Category), Laura DeJohn (Land Category), Blair Foley (PE Category), Marco Espinar (Environmental Biologist Category), Mario Valle (GC Category) and Appointing Ronald Waldrop (PE Category) — Adopted 510 H. Appointment of members to the Golden Gate Community Center Advisory Committee. Resolution 2011 -235: Re- appointing Darren S. Brooks, Margaret E. Harris and William E. Arthur — Adopted 5/0 I. Appointment of a member to the Collier County Planning Commission. Resolution 2011 -236: Appointing William H. Vonier (District 2) Adopted — 5/0 J. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2011 -237: Appointing Albert Batista (w /term expiring June 25, 2013) and J. Walter Call (w /term expiring June 25, 2015) — Adopted 5/0 Continued to the January 10, 2012 BCC Meeting (Per Agenda Change Sheet) K. This item was continued from the November 8, 2011 BCC Meeting Recommendation to approve a Resolution acknowledging the Board of County Commissioners support of Senate Bill 192 pertaining to amending procedures for merger and dissolution of two or more independent special districts. (Commissioner Henning) Time Certain December 13, 20115:15 p.m. (Per Agenda Change Sheet) L. Discussion regarding the mesh size of fishing nets for local fishermen and a proposal to write a letter of support to the Florida Fish and Wildlife Commission supporting the ability for fishermen to use whatever mesh necessary to harvest legal, marketable fish. (Commissioner Coletta) Motion to approve and staff to gather information and bring back to the January 24, 2012 BCC Meeting — Approved 510 Time Certain December 13, 20115:00 p.m. (Per Agenda Change Sheet) M. Discussion to consider the possibility of conducting a workshop in Page 8 December 13-14,2011 .-11�, January, 2012 with the Collier County Board of County Commissioners, Emergency Medical Services, and the Fire Chiefs of the three Independent Fire Departments. (Commissioner Coletta and Commissioner Fiala) Motion directing staff to coordinate a workshop with all parties attending at the earliest opportunity in 2012 — Approved 4/1 (Commissioner Henning opposed) N. Request for the Board of County Commissioners to amend Ordinance No. 2009 -01, as amended, that created the Emergency Medical Services Policy Advisory Board by changing the category definition for one of the five members that compose the Advisory Board. (Ian Mitchell, Executive Manager to the BCC) Motion to approve — Approved 4/1 (Commissioner Hiller opposed) O. Request for reconsideration of Item #16B3 from the October 25, 2011 BCC Meeting titled "Recommendation that the Board of County Commissioners approve transfer of administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff to become effective October 1, 2011; direct Budget Office to discontinue the annual transfer of funds from the Immokalee Beautification MSTU (Fund 162) to the MSTD General Fund (Fund 111), and that the Collier County Board of County Commissioners, acting as the Community Redevelopment Agency authorize the creation of a Full Time Employee position (MSTU Project Manager) for FY12; authorize the Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment. (Commissioner Henning) Motion to approve — Failed 2/3 (Commissioner Coyle, Commissioner Coletta and Commissioner Fiala opposed) P. Request for reconsideration of Item # 17B from the October 25, 2011 BCC Meeting titled "Recommendation to adopt an ordinance amending Ordinance No. 2002 -52, which established the Immokalee Beautification Advisory Committee, in order to allow the Immokalee Community Redevelopment Agency, through its Executive Director, to assume administrative and management duties of the Immokalee Beautification Municipal Service Taxing Unit such as employing staff to assist the r.., Committee. (Commissioner Henning) Referenced as a companion to Item #90 with no formal vote taken Page 9 December 13-14,2011 Wednesday, December 14, 2011 Q. Advisory Board Vacancies. Read into the record 10. COUNTY MANAGER'S REPORT Wednesday, December 14, 2011 A. Recommendation to approve a Neighborhood Stabilization Program (NSP) Strategy and associated implementation actions. (Marla Ramsey, Division Administrator, Public Services) Motion to approve staffs recommendations — Approved 3/2 (Commissioner Hiller and Commissioner Fiala opposed) B. This item to be heard at 10:45 a.m. Recommendation to accept findings of the independent legal review of the county's current purchasing policy and direct staff to return with an ordinance to adopt the proposed revisions. (Len Price, Administrative Services Administrator) Motion to approve the Consultant's report and for staff to work with Clerk's Office and bring back a proposed ordinance at a future Board Meeting — Approved 510 Wednesday, December 14, 2011 C. Recommendation to direct the County Manager or his designee to advertise an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water -Sewer District until such time when connection to the regional water and/or sewer system is anticipated within a ten -year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the Annual Update and Inventory Report. (George Yilmaz, Public Utilities Interim Administrator) Approved — 510 Wednesday, December 14, 2011 D. Recommendation to approve an exception to the Public Utilities Division's procedure for adjustments to customer accounts to correct existing reclaimed water billing items, and to direct the County Manager or his designee to Page 10 December 13-14,2011 implement staff's recommended actions. (George Yilmaz, Public Utilities Interim Administrator) Approved — 510 Wednesday, December 14, 2011 E. Recommendation to for the Board of County Commissioners to accept the Watershed Management Plan (WMP) and direct the County Manager or Designee to implement the WMP Initiatives utilizing existing Staff and Budget. (Nick Casalanguida, Deputy Administrator, Growth Management Division/Planning & Regulation) Motion to approve w /modifications to staffs recommendations and direct the Chairman to write a letter to the Governor for additional support — Approved 5/0 Wednesday, December 14, 2011 F. Recommendation to accept a project management plan for the development of a Surface Water Management Business Plan that will be the guiding document for the future County Surface Water Management Program and direct the County Manager or designee to execute the plan. (Gerald Kurtz, P.E. Principal Project Manager, Growth Management Division/Planning & Regulation) Motion to approve the project plan with the development of a timeline, a review by the EAC and to integrate LDC activities into the process - Approved 510 Wednesday, December 14, 2011 G. Request that the Board of County Commissioners provide direction on moving forward with the proposed Rural Lands Stewardship Area (RLSA) amendments, as appropriated in the 2011 Evaluation and Appraisal Report (EAR), adopted by the BCC January 31, 2011. (Mike Bosi, Comprehensive Planning Manager, Growth Management Division/Planning & Regulation) Motion to accept Special EAR Cycle (Option 1) with an independent firm to perform unbiased report and present to Board — Approved 4/1 (Commissioner Hiller opposed) H. This item to be heard at 1:00 p.m. A report to the Board of County Commissioners concerning the results of the Immokalee Mobile Home Park Assessment. (Ray Bellows, Planning Manager, Growth Management Division/Planning & Regulation) Page 11 December 13 -14, 2011 Motion to accept report — Approved 4/1 (Commissioner Hiller opposed) I. This item to be heard immediately followinz Item #IOH. Recommendation to accept the Code Enforcement Department's process for settlement agreements for Immokalee mobile home parks that have appropriate zoning. (Diane Flagg, Director, Code Enforcement, Growth Management Division/Planning & Regulation) Motion to withdraw item — Approved 510 J. Recommendation to review the procurement of services of Suncoast Moving & Storage, Inc. for moving the County Property Appraiser's Office in July, 2010 and make a determination regarding request for final payment in the amount of $6,556.50. (Len Price, Administrative Services Administrator) Motion to continue to January 10, 2012 BCC Meeting — Approved 5/0 Wednesday, December 14, 2011 K. Recommendation to approve and authorize the Chairman to execute a Partial Release of Conservation Easement to the South Florida Water Management District in connection with the Vanderbilt Beach Restroom & Concession Project. (Gary McAlpin, Coastal Zone Management Director) Approved — 3/0 (Commissioner Fiala and Commissioner Henning absent) Moved from Item #16A19 (Per Agenda Change Sheet) L. Recommendation the Board of County Commissioners (Board) accept a process to review past Staff Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and Official Interpretations in this Executive Summary. (Official Interpretations are quasi-judicial.) Motion to approve staffs recommended policy — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) Wednesday, December 14, 2011 Moved from Item #16A24 (Per Agenda Change Sheet) M. Recommendation to direct the County Manager, or his designee, to suspend collection of Affordable Housing Contributions, pending the Board's .� decision on a Land Development Code (LDC) Amendment to remove Affordable Housing Contribution commitments. Page 12 December 13-14,2011 Approved — 4/0 (Commissioner Henning absent) Wednesday, December 14, 2011 Moved from Item #16A21 (Per Agenda Change Sheet) N. Recommendation to approve issuance of a building permit prior to approval of a Planned Unit Development Rezone and Site Development Plan Amendment for a twenty -five thousand square -foot classroom and office addition to existing Community School of Naples, not to exceed the same existing upper school building height of thirty -two feet. Staff to issue permit with the stipulation that height is not to go beyond 30 feet Wednesday, December 14, 2011 Moved from Item #16A16 (Per Agenda Change Sheet) O. Recommendation to approve a release of lien in Code Enforcement Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, CEB Case No. 2002 -008, relating to property at 2990 Sunset Boulevard, Collier County, Florida. Approved — 4/0 (Commissioner Henning absent) Wednesday, December 14, 2011 Moved from Item #16A4 (Per Agenda Change Sheet) P. This item requires that ex parte disclosure be provided by Commission members. Recommendation to approve for recording the final plat of Arthrex Commerce Park, approve the standard form Construction and Maintenance Agreement and approve the amount of the performance security. Approved — 4/0 (Commissioner Henning absent) Wednesday, December 14, 2011 Moved from Item #16E15 (Per Commissioner Henning during Agenda Changes) Q. Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. Approved — 3/2 (Commissioner Hiller and Commissioner Henning opposed) 11. COUNTY ATTORNEY'S REPORT Time Certain December 13, 20114:30 p.m. (Per Agenda Change Sheet) Page 13 December 13-14,2011 A. Recommendation to authorize the County Attorney to advertise amendments to two ordinances for future consideration, relating to public solicitation of contributions and the issuance of permits for charitable solicitation at road intersections. Approved — 5/0 Wednesday, December 14, 2011 Added (Per County Attorney Jeff Klatzkow during Agenda Changes) B. Recommendation to approve an Escrow Agreement between, Florida Power & Light Company ( "FPL "), the Collier County Clerk of Court, the Board of County Commissioners and Fifth Third Bank for Phase One of the Vanderbilt Beach Municipal Service Taxing Unit Utility Conversion Project and to acknowledge that FPL can construct the project without the need for competitive bidding, as an allowable exception under Section 255.20(1)(c). Approved — 5/0 Wednesday, December 14, 2011 Added (Per Commissioner Hiller during Agenda Changes) C. Discussion regarding North Naples Fire & Rescue providing service to areas outside of their boundaries Motion to send letter to North Naples Fire and Rescue — Approved 4/0 (Commissioner Henning absent) 12. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 4:00 p.m. Recommendation to consider the Sheriff's request to adopt a Resolution extending the one -year moratorium on the establishment of new pain management clinics within Collier County until December 20, 2012 while the County Attorney's Office and staff, working with the Sheriff and other community partners, analyze the need and bring back to the Board at a future advertised public meeting, an Ordinance that restricts or regulates pain management clinics. Resolution 2011 -226 Adopted — 510 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY Page 14 December 13 -14, 2011 A. AIRPORT AUTHORITY Wednesday, December 14, 2011 1) Recommendation to approve utilizing $202,800 from Immokalee Development Fund 497 to purchase 3.38 Wetland Credits from Southwest Florida Wetlands JV (d/b /a Panther Island Mitigation Bank) required for the next phase of development at the Immokalee Regional Airport, and associated Budget Amendments. Approved — 4/1 (Commissioner Hiller opposed) Wednesday, December 14, 2011 2) Recommendation to approve a Collier County Airport Authority Standard Form Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc. for a parcel improved with a 20,000 square -foot building at Immokalee's Regional Airport. Approved — 510 Wednesday, December 14, 2011 Moved from Item #16G2 w /revised language, heard prior to #13A1 (Per Agenda Change Sheet) 3) Recommendation to approve and ratify Staff s authorizati unauthorized approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order #4500116917) and make a finding of quantum meruit in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. Motion to approve under Contract #09 -5262 — Approved 5/0 Wednesday, December 14, 2011 Moved from Item #16G3 w /revised language, heard prior to #13A1 (Per Agenda Change Sheet) 4) Recommendation to approve and ratify Staff s unauthorized approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time extension and make a finding of quantum meruit in order to process invoices for Phase II environmental permitting work at the Immokalee Regional Airport. 5- Motion to approve invoices for work performed on June 13, August 15 and October 12, 2011 under Contract #10 -5571 and to Page 15 December 13-14,2011 work with Clerk's Office regarding the invoice for work performed on May 19, 2011— Approved 5/0 B. COMMUNITY REDEVELOPMENT AGENCY Wednesday, December 14, 2011 1) Request authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002 -38, as amended, "Collier County Redevelopment Grant Program Ordinance" by establishing a residential infrastructure grant program for the Immokalee Community Redevelopment Area. Motion to continue to the January 24, 2012 BCC Meeting Approved — 5/0 Wednesday, December 14, 2011 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a grant applicant in the Bayshore Gateway Triangle area. (2068 Davis Boulevard: $6,752.50) Approved — 510 Wednesday, December 14, 2011 Moved from Item #16B2 (Per Agenda Change Sheet) 3) Recommendation to approve a Resolution certifying Statutory dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadways in excess of seven years and authorize the filing of a right -of -way map more specifically shown in Resolution Exhibit "A ". (Fiscal Impact: $53.50) CRA Resolution 2011 -238 Adopted - 4/0 (Commissioner Henning absent) 14. PUBLIC COMMENTS ON GENERAL TOPICS A. Debbie O'Dean — Comments regarding decision for Item #6A B. Jeri Neuhaus — Comments regarding decision for Item #6A C. Abbe Drossner - Comments regarding decision for Item #6A Page 16 December 13 -14, 2011 D. Kathleen Bruns - Comments regarding decision for Item #6A E. Matt Crowder - Comments regarding decision for Item #6A F. John Rogers - Comments regarding decision for Item #6A G. Peter Kocik - Comments regarding decision for Item #6A H. Joseph Langkawel - Comments regarding decision for Item #6A 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Hiller — Would like an external investigation regarding the process for firing of employees B. Leo Ochs — Painting Vanderbilt Beach Bridge with FDOT funds C. Commissioner Coletta- Happy Holidays D. Commissioner Fiala — Would like to bring back "Resign to Run" regarding Advisory Board members and the process; would like to dedicate CR951 and US41 overpass dollars to the I- 75/Davis Blvd. Overpass; spoke at Manatee Middle School; having ALS equipment on all Fire Engines; Board review of the report from the County Manager regarding the process of firing employees. E. Commissioner Hiller — Spoke with Clarence Tears regarding Mitigation Bank with SFWMD for Pepper Ranch; played a video from a previous BCC Meeting with Chris Curry in it regarding the Immokalee Regional Airport and land purchase 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 grant final approval of the roadway (private) and drainage improvements for the final plat of Classic Plantation Estates Phase Four with roadway and drainage improvements being privately maintained and authorize release of the maintenance security. Resolution 2011 -210 Page 17 December 13-14,2011 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of White Lake Corporate Park Phase Two with roadway and drainage improvements being privately maintained and authorize release of the maintenance security. Resolution 2011 -211 3) Recommendation to grant final approval of the roadway and drainage improvements for the final plat of City Gate Commerce Center, Phase Two, within Tract `A' of City Gate Commerce Center Phase One with the roadway and drainage improvements being privately maintained and authorize release of the maintenance security; and accept Plat Dedications. Resolution 2011 -212 Moved to Item #10P (Per Agenda Change Sheet) 4) Recommendation 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 Arthrex Commerce Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 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 that the Board of County Commissioners reinstate the Conditional Use for the Bethesda Corkscrew Seventh Day Adventist Church, Resolution Number 02 -161, which expired March 26, 2005 pursuant to Section 10.08.00.E.1 of the Collier County Land Development Code (LDC) that provides a three year expiration date from the date the conditional use was granted if the use has not commenced. Resolution 2011 -213 6) This item is continued from the September 13, 2011 BCCMeetingg. PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to approve a minor amendment to Heavenly Planned Unit Development in accordance with LDC Sections 10.02.13.E.6 and 8 to change Page 18 December 13-14,2011 location and type of plantings and to revise buffer standards to reduce the height of trees and plantings due to site conditions and conflicts with FPL lines, and to allow payment in lieu of sidewalks instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project entrance. The property is located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East of Collier County, Florida. All changes will be approved in writing by the HOA's President 7) Recommendation to reject an offer to settle a $59,281.15 Code Enforcement lien for a payment of $5,000. Foreclosed upon property at 6090 Painted Leaf Lane brought into compliance and now under the ownership of Wells Fargo Bank 8) Recommendation to award Bid #12 -5805 for "US 41 North (Tamiami Trail) from Seagate Drive to Immokalee Road Landscape Maintenance" to Commercial Land Maintenance. The annual expenditures are estimated to be $98,345.65. Includes monthly mowing, edging, weeding, trash removal, street cleaning, fertilizer /herbicide application and other routine services covering the 4.6 mile span 9) Recommendation to approve an Amended Easement that incorporates additional terms into the Deed of Conservation to the South Florida Water Management District (SFWMD) that was approved by the Board on October 9, 2007 for the Freedom Park. (Project #51018) A/K/A the Gordon River Water Quality Park and required by Florida Communities Trust 10) Recommendation to approve an Amended Easement that incorporates additional terms into the Deed of Conservation Easement to the South Florida Water Management District (SFWMD) that was approved by the Board on September 23, 2008 for the Lely Mitigation Park. Required by Florida Communities Trust 11) Recommendation for Board approval of Agnoli, Barber & Brundage, Inc. as the design professional for "Professional Design and Oversight Services for Lely Area Stormwater Improvement Project: 1) County Page 19 December 13-14,2011 Barn Road, 2) Wingsouth, and 3) Project Close Out" pursuant to RFP #11 -5751, and authorize staff to enter into negotiations with Agnoli, Barber & Brundage Inc., LASIP Project #51101. For permit modifications, construction and to meet SFWMD and ASACE permit compliance requirements 12) Recommendation to accept a State of Florida Department of Transportation (FDOT) Roadway Lighting System Maintenance Agreement for maintenance of FDOT owned Roadway Lighting Systems to be maintained by the Traffic Operations Section of the Transportation Engineering Department for the SR84Project (Davis Boulevard) from Santa Barbara Boulevard to just west of Radio Road. FDOT Financial Aid Project #195416- 4 -52 -01 and authorize the Chairman to execute the agreement. Resolution 2011 -214 13) 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 which was posted as a development guaranty by Lely Development Corporation. A 2002 Bond posted for Classic Plantation Estates, Phase 1 14) Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. James K. Towne and Deborah B. Towne, Code Enforcement Special Magistrate Case No. CEPM- 2008 - 0016337, relating to property located at 4419 18th Avenue SW, Collier County, Florida. A lien released for payment of $49,000 on foreclosed property brought into compliance by new owner, Deutsche Bank National Trust Company 15) Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Alba R. Licci, CEB Case No. CESD- 2009 - 0007768, relating to property at 2395 39th Avenue N.E., Collier County, Florida. Released for payment of $26,881.72 on foreclosed property brought into compliance by and under the ownership of Suncoast Schools Credit Union and waiving $122,000 in prior accrued fines Page 20 December 13 -14, 2011 Moved to Item #100 (Per Agenda Change Sheet) 16) Recommendation to approve a release of lien in Code Enforcement Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, CEB Case No. 2002 -008, relating to property at 2990 Sunset Boulevard, Collier County, Florida. 17) Recommendation to approve revisions to the Golden Gate City Roadway Beautification Master Plan. To recognize completed landscape projects and provide an update of construction costs and MSTU Committee priorities 18) Recommendation to award Bid #11-5700 for "Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Hannula Landscaping & Irrigation, Inc., in an amount of $278,818.46; and reject the bid from Ameri-Pride, Inc. Improvements will be funded by residents of the Radio Road Beautification MSTU. Moved to Item #10L (Per Agenda Change Sheet) 19) 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 the Board of County Commissioners (Board) accept a process to review past Staff Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and Official Interpretations in this Executive Summary. (Official Interpretations are quasi-judicial.) 20) Recommendation to approve a Resolution authorizing submittal of Federal Transit Administration Section 5310 and 5311 FY 2012/13 grant applications and applicable documents in the amounts of $544,872 and $569,600 to the Florida Department of Transportation and execute the FDOT Certification and Assurance Exhibit. Resolution 2011 -215A (FTA Section 5310 Grant) Resolution 2011 -215B (FTA Section 5311 Grant) Moved to Item #ION (Per Agenda Change Sheet) .� 21) Recommendation to approve issuance of a building permit prior to approval of a Planned Unit Development Rezone and Site Page 21 December 13-14,2011 Development Plan Amendment for a twenty -five thousand square -foot classroom and office addition to existing Community School of Naples, not to exceed the same existing upper school building height of thirty -two feet. 22) Recommendation to approve and execute Amendment No. 3 to Agreement #BDM59 (Medicaid Non - Emergency Transportation Services) between Collier County and the Commission for the Transportation Disadvantaged to increase State FY11 /12 Medicaid funds in the amount $64,591, a Resolution in support of and authorize a budget amendment for the amount. Resolution 2011 -216 23) Recommendation to accept the offer to settle seven (7) foreclosure cases for payment of principal (waiving accrued interest) on Impact Fee Deferral Liens at the Botanical Place Condominium. As detailed in the Executive Summary Moved to Item #10M (Per Agenda Change Sheet) 24) Recommendation to direct the County Manager, or his designee, to suspend collection of Affordable Housing Contributions, pending the Board's decision on a Land Development Code (LDC) Amendment to remove Affordable Housing Contribution commitments. 25) Recommendation to adopt an established policy of Florida Department of Transportation to allow placement of internationally recognized and accepted markers along County Roadways to memorialize people who have died in vehicle related crashes. Continued to the January 24, 2012 BCC Meeting (Per Agenda Change Sheet) 26) Recommendation to approve the third amendment to the cooperative agreement with the South Florida Water Management District, Agreement No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County, modifying the agreement terms and extending the term until September 30, 2024. 27) Recommendation to reject Bid #12 -5801 for construction of the f� Collier Area Transit Intermodal Transfer Station. Page 22 December 13 -14, 2011 To clarify project discrepancies the bid package will be updated and re- solicited B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board recognize via budget amendment grant revenue in the amount of $2,709,150 for the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) to execute CDBG Grant Award # l ODB-D4-09-2 1 -0 1 -K09 in FF 12 for the Tertiary Stormwater System Improvement Project in the Gateway Triangle Residential Area. Moved to Item #13B3 (Per Agenda Change Sheet) 2) Recommendation to approve a Resolution certifying Statutory dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadways in excess of seven years and authorize the filing of a right -of -way map more specifically shown in Resolution Exhibit "A ". (Fiscal Impact: $53.50) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a Utility Easement from Collier County to Collier County's Water -Sewer District for Irrigation Quality (IQ) Water pipeline and associated infrastructure including electrical panel, meter assembly, electrical conduit and for access on, over and across a portion of Government Center property located off Palm Drive and Harrison Road in Naples, FL, estimated cost not to exceed $20.00, Project #70062. 2) Recommendation to approve conveyance of a Utility Easement to the Collier County Water -Sewer District for construction and maintenance of water and wastewater utilities at the North Collier Recycling Drop -off Center, and approve a Corrective Easement to FP &L, at a cost not to exceed $166.00. Page 23 December 13-14,2011 3) Recommendation to reject Bid #11 -5717, "Sewage Hauling" from Southern Sanitation and authorize staff to issue a modified ITB. 4) Recommendation to approve execution of a Utility Facilities Warranty Deed and Bill of Sale to convey the water utilities infrastructure at the Collier County Landfill to the Collier County Water -Sewer District, at a cost not to exceed $61.00. 5) Recommendation to approve a Settlement Agreement between the Florida Department of Environmental Protection and the Board of County Commissioners to receive a $61,693.96 payment under a contract for the disposal of reclaimed waste from the Isles of Capri Park Project. A Project on McIlvane Bay — at Collier & Capri Boulevards 6) Recommendation to approve the Satisfaction of Lien for the 1995 Solid Waste Collection and Disposal Services Special Assessments where the County has received payment in full for satisfaction of the lien. (Fiscal Impact: $20.00 to record the Satisfaction of Lien) Resolution 2011 -217 7) Recommendation to approve, execute and record Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fees. (Fiscal impact: $67.00 to record the Satisfactions of Lien) 8) Recommendation to approve the Satisfaction of a Notice of Promise to Pay and agreement to extend payment of water and/or sewer system impact fees. (Fiscal impact: $18.50 to record the Satisfaction of Lien) 9) Recommendation to adopt a Resolution requesting an Access Easement and Temporary Construction Easement from the Florida Department of Transportation (FDOT) for the valid public purpose of providing access, facilitating upgrades and for the rehabilitation of Wastewater Master Pumping Station 312 (MPS 312), to accept the easements from FDOT, and approve an Access Easement from Collier County to FDOT to provide access to the FDOT -owned Stormwater Retention Pond lying contiguous to MPS 312, for a total cost not to exceed $150.00, Project Number 72549. Resolution 2011 - 218 /CWS 2011 -02 Page 24 December 13 -14, 2011 10) Recommendation to approve acquisition of a Temporary Construction Easement, for improvements to existing drainage, and a Utility Easement for installation of a new water line for fire protection, for and as part of the rehabilitation of Master Pumping Station 312, for a total cost not to exceed $3,646.00, Project Number 72549. 11) Recommendation to approve a Utility Easement from Collier County to the Collier County Water -Sewer District for Reclaimed Water pipeline and associated infrastructure including electrical panel, meter assembly, electrical conduit, telemetry tower and for access on, over and across a portion of Vineyards Park property located off Vanderbilt Beach Road along Vineyards Boulevard in Naples, Florida at an estimated cost not to exceed $40.00, Project Number 70062. 12) Recommendation to direct the County Manager or his designee to amend Ordinance No. 2003 -18, the Collier County Industrial Pretreatment Ordinance, to conform with the US Environmental Protection Agency Model Pretreatment Ordinance as required by .1 Florida Department of Environmental Protection. Withdrawn (Per Agenda Change Sheet) 13) Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K. Piskadlo for the purchase of property for relocation of Sub - Master Pumping Station 300.06 at a cost not to exceed $78,000, Project Number 70046. 14) Recommendation to ratify a Letter Agreement with Golf Club of the Everglades to defer payment of water and wastewater impact fees pending the Board of County Commissioner's review and decision on the proposed ordinance amendment to update areas exempt from payment of water and wastewater impact fees scheduled to go to the Board for direction to advertise on December 13, 2011. 15) Recommendation to waive competition and authorize use of non- standard sole- source vendor, Heyward, Inc., and approve a test application of Weatherford Sulfa - Clear, in the not to exceed amount of $80,210, for South County Regional Water Treatment Plant Odor Control Blow -down Disposal Project Number 70020. Page 25 December 13-14,2011 16) Recommendation to approve and execute a Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System Impact and associated fees with Kampgrounds of America, Inc., for a payment plan amount of $155,772.49. D. PUBLIC SERVICES DIVISION 1) To approve and authorize the Chairman to sign amendments to agreements between Collier County and Subrecipients for operation of the Criminal Justice, Mental Health and Substance Abuse Grant Program to change the term and expiration date to February 23, 2014 to coincide with the expiration date of the funding agreement between Collier County and FL Department of Children & Families. (DCF) 2) 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 2010- ^ 2011 as required by the U.S. Department of Housing and Urban Development (HUD), approve the CAPER Resolution, authorize the Chairman to certify the CAPER for submission to HUD and to sign the resolution. Resolution 2011 -219 3) Recommendation to approve and authorize the Chairman to sign one (1) satisfaction of mortgage for an owner- occupied affordable housing unit in which repayment in full has been provided to Collier County. 4) Recommendation to approve and authorize the Chairman to sign two (2) releases of lien for deferral of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid and authorize refund of overpayment in the amount of $23.52 to Tropical Title Insurance Agency, Inc. 5) Recommendation to approve and authorize the Chairman to sign two (2) lien agreements for deferral of 100% of Collier County impact �., fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item transfers previously approved Page 26 December 13-14,2011 deferral agreements from Habitat for Humanity of Collier County to owner occupants with a continuing fiscal impact of $28,572.93. 6) Recommendation to approve and authorize the Chairman to sign a release of lien for the Disaster Recovery Initiative Single Family Rehabilitation Program for an applicant determined to be ineligible but for which no funds were disbursed. 7) Recommendation to approve and authorize the Chairman to sign Memorandums of Understanding with the Southwest Florida Workforce Development Board, Inc. for delivery of the Century Community Learning Centers programs "Miracle Plus 1 and Miracle Plus 2 Program ". 8) Recommendation to approve and authorize the Chairman to sign one (1) Subrecipient Agreement for the Community Development Block Grant (CDBG) with City of Naples, previously approved for Department of Housing & Urban Development (HUD) funding in the 2011 -12 Action Plan, approved July 26, 2011. (Agenda Item # l OH) 9) Recommendation to authorize the Chairman to sign two (2) Subrecipient Agreements for Department of Housing and Urban Development (HUD) funded Continuum of Care Grant (CoQ projects that were presented to and approved by the Board April 12, 2011. 10) Recommendation to award Bid # 11 -5778R to Cheney Brothers Inc., to provide concession food re -sale and food - related paper products at North Collier Regional Park at the estimated FYI 1 -12 cost $100,000. 11) Recommendation to approve and authorize the Chairman to sign a contract amendment between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc., d/b /a Senior Choices of Southwest Florida and approve a budget summary revision that reflects a level transfer of grant funding in the amount of $5,172 between budget categories for the FYI 1/12 Home Care for the Elderly (HCE) Program. �-. Continued Indefinitely (Per Agenda Change Sheet) Page 27 December 13-14,2011 12) Recommendation to approve and authorize the Chairman to sign the "Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal years 2006/07, 2007/08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to ensure compliance with program requirements 13) Recommendation to approve an amendment to the Homelessness Prevention and Rapid Re- Housing Program (HPRP) Administrative Plan allowing participating agencies to provide short term assistance to individuals and families who are homeless or at risk of being homeless up to a maximum of $2,500.00. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award contracts under RFP #11 -5735, "On Call IT Project Management," to Executive Alliance Group, Inc., EMA, Inc., RNR Consulting, and Golden Technologies, funded by appropriated operating funds from county departments to provide information technology (IT) skills and services as needed. 2) Recommendation to award contracts under RFP #11 -5606, "Telecommunications Voice and Data Services" to CenturyLink and US Metropolitan Telecom, LLC., at the annual estimated cost of $161,580, to provide voice and data communications services. 3) Recommendation to award a contract for RFP #11-5689 Property and Casualty Brokerage and Insurance Services to Insurance and Risk Management Services Inc. (IRMS) in the estimated annual amount of $125,000 per year, a $63,375.00 reduction. 4) Recommendation to approve the Collier County Employee Benefit Plan Document and Resolution, effective January 1, 2012 to be used to administer Group Health Insurance and Flexible Spending Reimbursement Account Programs. Resolution 2011 -220 5) Recommendation to approve the purchase of Group Health Reinsurance coverage for Calendar Year 2012 in the amount of $638,387, a reduction of 7.7 %. Page 28 December 13-14,2011 -'�1 6) This item was continued from the November 8, 2011 BCC Meeting Recommendation to approve and authorize the Chairman to execute Amendment #3 to Collier County's contract with Meritain, Inc. for Group Health Third Party Administration Run -out Services in the estimated amount of $88,425.00. 7) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Genuine Parts Company d/b /a NAPA Auto Parts to NAPA Auto Parts d/b /a Sunbelt Automotive, Inc., for parts and filters for fleet vehicles and equipment. 8) Recommendation to approve and execute a First Amendment to the Lease Agreement with Goodwill Industries of Southwest Florida, Inc., for continued use of the Robert's Center in Immokalee for the Housing, Human and Veterans Service's Senior Nutrition Program at an annual rent cost of $13,498.37. Funds for this rent will be paid from the Older American's Act grant funding. 9) Recommendation to approve waiver of competition based on a sole - source vendor and award a contract with eCivis, Inc., for a multi -year subscription to eCivis Grants Network in an annual amount not to exceed $37,168.75. 10) Recommendation to accept the FY 2011 Grant Report providing an annual update of grant funding activity. As detailed in the Executive Summary 11) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Parts Depot, Inc. to Uni- Select USA, Inc. d/b /a Auto -Plus for parts and filters for fleet vehicles and equipment. 12) Recommendation to accept Modification No. 7 to U.S. Fish and Wildlife Service ( USFWS) Cooperative Agreement No. 401815J021, which revises the USFWS Project Officer on the agreement. Page 29 December 13 -14, 2011 -� 13) Recommendation to approve payment of invoice to Bonness, Inc., dated September 9, 2011, in the amount of $2,400 for safety improvements to a crossing at Shadowlawn Elementary School. 14) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from Kilpatrick Turf Equipment, Inc. to Horizon Distributors, Inc. for sublet/parts for Collier County. Moved to Item #10Q (Per Commissioner Henning during Agenda Changes) 15) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) This item continued from the November 8, 2011 BCC Meeting Recommendation to waive formal competition and approve Change Order #4, statements of work with Method Factory, Inc., under Contract #11 -5616 for Enhancements and Maintenance Services to GovMax budgeting software, for a cost of $80,750.00. 2) Recommendation to approve invoice and the final reimbursement payment to the State of Florida in the amount of $108,684.42, representing dollars not expended from the Hurricane Charley total funding received of $1,882,777.68 and approve the necessary budget amendment. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. Resolution 2011 -221 4) Recommendation to approve award of Bid #11-5754 to Phase V of Southwest Florida, Inc. for Tourism Fulfillment Services and authorize the Chairman to sign Agreement #11-5754 to include a revised termination notification period of sixty (60) days following County Attorney Office approval. .-IN 5) Recommendation to approve the award of RFP #11-5725 to Lou Hammond and Associates, Inc. for Tourism Public Relations Services Page 30 December 13-14,2011 and authorize the Chairman to sign Agreement #11-5725 in an amount of $152,000 annually to include a revised termination notification period of sixty (60) days following County Attorney Office approval. 6) Recommendation to approve a Memorandum of Understanding between Collier County and First United Methodist Church of Immokalee in support of Emergency Management activities related to natural and man -made hazards emergency response. 7) Recommendation to authorize the County Manager or his designee to advertise an ordinance for future consideration that amends Ordinance No. 2004 -12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for post - hospital inter - facility transport services. 8) Request for authorization to advertise and bring back for future consideration an ordinance amending Ordinance No. 92 -60, as amended, the Collier County Tourist Development Tax Ordinance, to re- allocate until payment has been made to Marco Island Historical Society, Inc. $100,000, from TDC Category "C -2" Non County - Owned Museums Fund 193 to Category C -1 County -Owned Museums Fund 198 to reimburse the Marco Island Historical Society, Inc. for their FYI 0 Grant. G. AIRPORT AUTHORITY 1) Authorized Budget Amendments in the amount of $16,500 for repairs to the fuel farm at Everglades Airpark required by the Florida Department of Environmental Protection. Moved to Item #13A3 with revised language (Per Agenda Change Sheet) 2) Recommendation to approve and ratify Staff s authorization of Change Order #I for a time extension to Q. Grady Minor and Associates, PA Work Order #4500116917 to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. Moved to Item #13A4 with revised language (Per Agenda Change Sheet) 3) Recommendation to approve and ratify Staff s authorization of Change Order #2 to Passarella and Associates, Inc. Work Order Page 31 December 13 -14, 2011 #4500116918 for a time extension to process invoices for Phase II environmental permitting work at the Immokalee Regional Airport. 4) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approves and authorizes its Chairman to sign a First Amendment to the T -Hangar Lease Agreement with Exec. Air, Inc. of Naples, High Soaring Inc., and Aircraft Maintenance of Southwest Florida. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Ave Maria School of Law Annual Fall Gala on November 19, 2011 at the Ritz - Carlton, Naples, Florida; $130 to be paid from Commissioner Hiller's travel budget. 2) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will attend the 7th Annual Gala and Auction for the Foundation for the Developmentally Disabled on February 11, 2012 at Hodges University, Naples, FL.; $50 to be paid from Commissioner Hiller's travel budget. 3) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended Wake Up Naples sponsored by the Chamber on October 10, 2011 at the Naples Hilton, Naples, FL; $20 to be paid from Commissioner Hiller's travel budget. 4) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Southwest Florida Hispanic Chamber of Commerce Networking Luncheon on November 9, 2011 at Senor Tequila's, 26801 South Tamiami Trail, Bonita Springs, FL; $16 to be paid from Commissioner Henning's travel budget. 5) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 32 December 13-14,2011 He attended the Collier County President's Council Holiday Reception on December 9, 2011 at the Greater Naples Chamber of Commerce. 2390 Tamiami Trail North, Naples, FL; $12 to be paid from Commissioner Henning's travel budget. 6) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the 2012 CBIA Installation Dinner on December 8, 2011 at Olde Cypress, 7165 Treeline Dr., Naples, FL; $30 to be paid from Commissioner Henning's travel budget. 7) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Big Cypress Basin Holiday Lunch on December 9, 2011 at the Big Cypress Basin Training Center, Naples, FL; $10 to be paid from Commissioner Henning's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the 29th Annual NAACP Freedom Fund Banquet on October 29, 2011 at the Naples Hilton Hotel in Naples, FL;. $75 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the United Arts Council's Patriotic Salute to the Arts on November 12, 2011 at the von Liebig Art Center in Naples, FL; $38 to be paid from Commissioner Fiala's travel budget. 10) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Marco Island Area Association of Realtor's 36th Annual Installation Banquet on December 9, 2011 at the Hideaway Beach Club in Marco Island, FL; $35 to be paid from Commissioner Fiala's travel budget. 11) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 33 December 13-14,2011 She attended the Naples Kiwanis Luncheon on November 22, 2011; $17 to be paid from Commissioner Fiala's travel budget. 12) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the United Arts Council's Holiday Party on December 3, 2011; $28 to be paid from Commissioner Fiala's travel budget. 13) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the 2011 Citizens of the Year Banquet on November 10, 2011 at the Vanderbilt Country Club, Naples, FL; $35 to be paid from Commissioner Coletta's travel budget. 14) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Helen Bell Panel Discussion and Luncheon at The Ritz- Carlton Golf Resort, Naples, FL on November 9, 2011; $125 to be paid from Commissioner Coletta's travel budget. 15) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the 2011 Distinguished Public Service Awards Ceremony at the Naples Hilton on October 12, 2011; $20 to be paid from Commissioner Coletta's travel budget. 16) Commissioner's request for Board approval to attend a function serving a Valid Public Purpose, the Florida Association of Counties Legislative Conference. Held November 16 -18, 2011 17) Commissioner's request for Board approval to attend a function serving a Valid Public Purpose, the Florida Association of Counties Legislative Day in Tallahassee. Held January 31, 2011- February 2, 2012 I. MISCELLANEOUS CORRESPONDENCE Page 34 December 13-14,2011 1) Miscellaneous Correspondence to File for Record with Action as Directed. 2) Advisory Board Minutes and Agendas to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) 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 Ibis Cove Subdivision. 2) To obtain Board approval for disbursements for the period of October 29, 2011 through November 4, 2011 and for submission into the official records for the Board. 3) To obtain Board approval for disbursements for the period of November 5, 2011 through November 11, 2011 and for submission .-. into the official records of the Board. 4) To obtain Board approval for disbursements for the period of November 12, 2011 through November 18, 2011 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of November 19, 2011 through November 25, 2011 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Resolution to correct a scrivener's error resulting from a typographical error in Resolution Number 2011 -177 (Development Order 2011 -04), for the Tuscany Reserve Development of Regional Impact. Resolution 2011 -222 2) Approve an Agreed Order Awarding Expert Fees and Attorney Fees and Costs in connection with Parcel 27T in the lawsuit styled Board of County Commissioners v. Collier HMA, Inc., et al., Case No. 06- Page 35 December 13-14,2011 0013 -CA, CR -951 Water Transmission Mains Project #70152. (Fiscal Impact: $92,701) 3) Authorize the making of an Offer of Judgment to Respondent, Katheryn Moreno, for Parcel No. 140RDUE in the amount of $7,000 in the lawsuit styled Collier County v. Katheryn Moreno, et al., Case No. 10- 2741 -CA. (Collier Boulevard Project No. 68056) (Fiscal Impact $1,200) 4) Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Naples Estates Limited Partnership, for Parcel 101 in the amount of $368,000 in the Lawsuit Styled Collier County v. Naples Estates Limited Partnership, et al., Case No. 06- 1213 -CA, County Barn Road Project #60101. (Fiscal Impact: $35,600 if accepted) 5) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $301,000 for Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project #60092. (Fiscal Impact: $253,023) 6) Recommendation to approve a Stipulated Final Judgment in the amount of $35,650 for Parcels 111 FEE and 111TCE in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project #60092. (Fiscal Impact: $0 at this time). 7) Recommendation to approve a Mediated Settlement Agreement in the sum of $65,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Adonis Martinez v. Collier County Board of County Commissioners, Case No. 2: 1 0-cv-599-JES-DNF, now pending in the United States District Court, Middle District of Florida, Fort Myers Division. (Fiscal Impact: $65,000) 8) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Reginald Devose, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover Page 36 December 13-14,2011 damages incurred by the County for repair and/or replacement to a traffic sign and a light pole damaged by Reginald Devose in the amount of $3,038.40, plus costs of litigation. 9) Approve a request by the Collier County Tax Collector, pursuant to Section 197.323, F.S., to extend the Tax Roll before the completion of Value Adjustment Board Hearings for the 2011 Tax Year. 10) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Jeffrey Lillard, in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for repair and/or replacement to a light pole damaged by Jeffrey Lillard, in the amount of $2,489.75 plus costs of litigation. 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. Moved to Item #8C (Per Agenda Change Sheet) A. Recommendation to approve a resolution allowing the Collier County Water -Sewer District to expand the water and wastewater service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing boundaries. B. This item is requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL2011 -1021, to disclaim, renounce and vacate the County Page 37 December 13 -14, 2011 i-N and the Public interest in all or part of the 10, 15 and 30 -foot wide Roadway Easements as originally recorded in the Public Records of Collier County, Florida, located in Sections 13, 14, 23 and 24, Township 50 South, Range 26 East, Collier County Florida being more specifically shown in Exhibits "A -1 through A -12 ". Resolution 2011 -223 C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. CU- PL2011 -0855, NABOR Building, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow a religious facility and/or civic, social and fraternal organization within a C -1 zoning district pursuant to Subsections 2.03.03.A. 1.c.4 and 2.03.03.A. 1.c.5 of the Collier County Land Development Code for property located north of Pine Ridge Road and east of Goodlette Frank Road in Section 10, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] Resolution 2011 -224 D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2011 -12 Adopted Budget. Resolution 2011 -225 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 38 December 13 -14, 2011