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Backup Documents 07/07/2015 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority L. �• _.. 0 r 'tool* -, C AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 07, 2015 9:00 AM Commissioner Tim Nance, District 5 — BCC Chair Commissioner Donna Fiala, District 1 —BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller, District 2 — Community & Economic Dev. Chair Commissioner Tom Henning, District 3 — PSCC Vice-Chair Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER 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. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. 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." Page 1 July 7, 2015 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. 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. 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 DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Ammos Chorny - Beth Tikvah Synagogue Invocation Given 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 agenda.) Adopted and/or approved w/changes — 4/1 (Commissioner Henning opposed) ; Motion taken to continue Item #16H1 until September— Approved 5/0 Page 2 July 7, 2015 B. June 9, 2015 - BCC/Regular Meeting Minutes Approved as presented — 5/0 3. SERVICE AWARDS A. RETIREES 1) Frank Millot, EMS-30 Years of Service Presented 4. PROCLAMATIONS (One Motion taken to Adopt Proclamations) A. Proclamation designating July 7, 2015 as Irving Berzon Day, retired Collier County Engineer, for his contributions benefiting all citizens of Collier County through his farsighted and dedicated efforts. To be accepted by Irving Berzon. Adopted — 5/0 (Read into the record by Chairman Nance) B. Proclamation recognizing Yahl Mulching & Recycling, Inc. for their efforts in recycling and reducing waste, as the recipient of Collier County Hazardous and Solid Waste Department's Waste Reduction Awards Program (WRAP) Award. To be accepted by John and Teresa Fillmore, owners of Yahl Mulching & Recycling, Inc. Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for July 2015 to Stock Development. To be accepted by Brian Stock, CEO, Stock Development; Keith Gelder, Director of Land Development, Stock Development; and John Cox, President and CEO, The Greater Naples Chamber of Commerce. Presented 6. PUBLIC PETITIONS A. Public Petition request from Mr. Peternal Francois requesting that the Board of County Commissioners increase the penalties for taxi license violations. Motion for the County Attorney to bring back information to the Board Page 3 July 7, 2015 in September— Approved 4/1 (Commissioner Henning opposed) Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Debra Greenfield — Requesting an invoice payment; Motion to add the PO's to today's agenda for approval — Failed 2/3 (Commissioner Fiala, Commissioner Hiller and Commissioner Nance opposed) B. Chris Hogenson — Requesting an invoice payment C. Anthony Fortino — Extension of time for closing on the 1936 Davis Blvd. property to July 28, 2015 Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 9:45 a.m. Recommendation to deny (not adopt) the Livingston/Pine Ridge Commercial Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89- 05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL201400001282/CPSS-2014-2) [Companion to Petition PUDZ-PL20140001326] Ordinance 2015-42 Adopted - 5/0 B. This item to be heard following Item #9A. 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 an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility with associated repair services, up to 60,000 square Page 4 July 7,2015 feet of gross floor area, on property located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No. 94-584, a conditional use for a retail nursery; and providing an effective date. [Petition PUDZ-PL20140001326] Ordinance 2015-43 Adopted - 5/0 C. This item to be heard at 5:05 p.m. Recommendation to consider an Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending Chapter 2 - Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new accessory use within the golf course zoning district; Chapter 4 - Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, to establish setback requirements for golf clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four, Inclusion in Collier County Land Development Code; and Section Five, Effective Date. Ordinance 2015-45 Adopted - 5/0 D. This item to be heard at 5:05 p.m. Recommendation to consider an Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.02 Definitions; Chapter Five - Supplemental Standards, including Section 5.05.05 Automobile Service Stations, more specifically to establish site design standards for facilities with fuel pumps; Section 5.05.08 Architectural and Site Design Standards; Section 5.05.11 Carwashes Abutting Residential Zoning Districts; Section Three, Conflict And Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. Ordinance 2015-46 Adopted with additional language - 5/0 Page 5 July 7, 2015 E. Recommendation to consider (1) An Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemption From Requirements For Vegetation Protection And Preservation, Section 3.05.07 Preservation Standards, Section 3.05.08 Requirement For Removal of Prohibited Exotic Vegetation; Chapter Four - Site Design and Development Standards, including Section 4.02.04 Standards for Cluster Residential Design, Section 4.06.02 Buffer Requirements, 4.06.05 General Landscape Requirements, 4.08.07 SRA Designation; Chapter Five - Supplemental Standards Including Section 5.06.04 Development Standards for Signs in Nonresidential Districts; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, Section 10.02.06 Requirements for Permits, Section 10.02.07 Requirements for Certificates of Public Facility Adequacy, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Appendix A- Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date; (2) Providing direction to staff to update the land use procedures in the Administrative Code for Land Development; and (3) The list of proposed 2015 Land Development Code Amendments - Cycle 2. Ordinance 2015-44 Adopted - 5/0 F. This item to be heard at 1:30 p.m. This item continued from the June 23, 2015 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Legacy Estates, (Application Number 20140001803) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. [Companion to Item #11D1 Approved with conditions - 5/0 10. BOARD OF COUNTY COMMISSIONERS Page 6 July 7, 2015 A. Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to rescind Ordinance 2013-70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. (Commissioner Henning) Approved - 5/0 B. Recommendation that the Board of County Commissioners recognizes Resolution 2007-138 providing for the expansion of an existing conditional use for the Naples Bridge Club has conflicting provisions with PU-80-4C (Resolution 80-128) and that the Board finds that the original Provisional Use adopted in PU-80-4C, Attachment 1, Section 6, stating that any expansion shall only require site plan approval is the prevailing language. (Commissioner Henning) Approved - 5/0 C. This item to be heard following Item #11E. Recommendation for the Board of County Commissioners to authorize the BCC Chairman to send a letter to Governor Rick Scott requesting reinstatement of funding for the Department of Economic Opportunity grant supporting the Collier County Business Accelerator program. (Commissioner Nance) To send letter as written in the Executive Summary - Approved 5/0 D. Recommendation to amend the Interlocal Agreement between the Board of County Commissioners and the Clerk of the Circuit Court to promote accountability and transparency. (Commissioner Hiller) Motion for Commissioner Nance to meet with the Clerk to go over the Clerk's FY16 Budget expenditures - Approved 5/0; Motion to continue Item #10D until the Chairman has had an opportunity to meet with the Clerk and bring a report back to the Board - Approved 4/1 (Commissioner Taylor opposed) 11. COUNTY MANAGER'S REPORT A. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2015/16 and Reaffirm the Advertised Public Hearing dates in September 2015 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) Resolution 2015-147 Adopted - 5/0 Page 7 July 7, 2015 B. Recommendation to award Bid Number 15-6457 "Naples Manor Water Main Replacement - Phase No. 2 and MPS 306 Force Main - Phase III," to Douglas N. Higgins, Inc., in the amount of$2,231,395 for Water and Wastewater improvements under Project Numbers 70044 and 71010. (George Yilmaz, Public Utilities Department Head) Approved - 5/0 C. Recommendation to award Bid Number 15-4561 "Master Pump Station 306 Force Main Phase II," to Bonness, Inc., for $1,107,858.57 under Force Main Technical Support Project Number 70044. (George Yilmaz, Public Utilities Department Head) Motion to approve and recognizing the contract number referenced in the agenda should be Contract #15-6451 — Approved 5/0 D. This item to be heard immediately followinE Item #9F. Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of$4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.I.f.iii. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. (Alexandra Sulecki, Principal Environmental Specialist) [Companion to Item #9F] Approved - 5/0 E. This item to be heard at 11:00 a.m. Recommendation to continue operation of a modified Soft Landing Business Accelerator Project in view of the eminent termination of the Grant Agreement with the State of Florida Department of Economic Opportunity and veto of the Legislature's request to extend funding for the Agreement into the State fiscal year 2016. (Bruce Register, Office of Business and Economic Development) Motion to continue project operations and staff to come back at the September 8, 2015 BCC Meeting with a status report - Approved 5/0 Moved from Item #16F8 (Per Agenda Change Sheet) F. Recommendation to approve Amendment #1 to Contract #15-6433 Production of the Tourism Guide to Miles Media Group, LLLP, authorize the Chairman to execute the County Attorney approved amendment, and make a finding that this expenditure promotes tourism. Page 8 July 7, 2015 Motion to approve with modifications as proposed - Approved 5/0 Moved from Item #16D16 (Per Agenda Change Sheet) G. Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.1.f. iii. a. and b. Motion directing staff to amend LDC Section 3.05.07, H.1.f. iii. a. and b for targeted stormwater infrastructure, the County Manager to work with Mr. Hancock for future items and bring back a list at a future meeting for the Board's review - Approved 5/0 Moved from Item #16F4 (Per Agenda Change Sheet) H. Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners. Approved - 5/0 12. COUNTY ATTORNEY'S REPORT A. This item to be heard immediately following Item #9D. Recommendation to rescind Resolution No. 14-155, as amended, relating to the "Zoning in Progress" declaration which prohibited the issuance of Development Orders for automobile service stations abutting residential property. Resolution 2015-149 Adopted - 5/0 Added (Per Agenda Change Sheet) B. Recommendation to approve and accept a proposed Settlement Agreement to finally resolve all Collier County Claims in the matter of In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010 now pending in the United States District Court for the Eastern District of Louisiana, Case No. MDL 2179 Section J. (County Attorney's request); Resolution 2015-148 Adopted — 5/0: Motion to enter into the settlement agreement and resolution with BP in regards to Deepwater Horizon, as stipulated 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 9 July 7,2015 A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Request that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, decides: (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, identify the proper percentage or amount of that fee or commission. Motion to pay a 1% finder's fee contingent on the closing of the property and to place 6% in reserve in case of litigation - Approved 5/0; If closing for this property doesn't occur on July 13, the County Manager and the Bayshore/Gateway Triangle CRA Manager are to table this item until September and bring back a list of Commercial Brokers to list the property — Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule B. Mr. Ochs — Off cycle Workshop dates (to discuss legislative priorities) C. Commissioner Henning— Orange Tree Utilities D. Commissioner Hiller— BQ Concrete and letters E. Commissioner Taylor— Blue Zone Steering Committee & Smart Growth handout F. Commissioner Nance — A. Duda & Sons Landfill Application in Hendry County, responses from Collier County due by July 20th regarding truck traffic from Lee and Hendry Counties G. Commissioner Henning— Correction regarding BQ Concrete being sued by the Clerk per Statute as Clerk is the Custodian of County funds H. Commissioner Henning — Motion to adjourn — Consensus 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 10 July 7, 2015 Approved and/or Adopted w/Changes — 4/1 (Commissioner Henning opposed) A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to adopt a Resolution extending the Collier County Architectural and Site Design Standards Ad Hoc Committee for 12 months. Resolution 2015-134 2) Recommendation to approve and authorize the Chairman to sign a funding assistance letter to the Congressional Delegation requesting the United States Army Corps of Engineers include funding for Gordon River Pass dredging in its next budget. Requesting funding be included in the Corp's next Civil Works Operations and Maintenance Work Plan 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Canwick Cove, PL20130000849, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. A final inspection by Engineering and Right-of-Way Inspection's staff April 24, 2015 found the facilities satisfactory and acceptable 4) Recommendation to accept an Access Improvement Agreement with Fifth Third Bank to fulfill a condition of approval pursuant to Hearing Examiner Decision No. 2015-09, concerning a new access point on Thomasson Lane in the Sabal Bay MPUD, Ordinance No. 05-59. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Piacere and Pavia, PL20130002059. A final inspection by Engineering and Right-of-Way staff on September 9, 2014 found facilities satisfactory and acceptable 6) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Artesia, Phase 1A, PL20140001712. A final inspection by Engineering and Right-of-Way staff on October 23, 2014 found the facilities satisfactory and acceptable Page 11 July 7, 2015 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Artesia, Phase 1B, PL20140001714. A final inspection by Engineering Services staff October 23, 2014 found the facilities satisfactory and acceptable 8) Recommendation to accept a Resolution Amending Exhibit "A" to Resolution No. 2013-239, the list of speed limits on County maintained roads; to bring various roadways into compliance with the allowable maximum speed limits as identified in F.S. § 316.189 and as required by Collier County Ordinance 91-25 (Collier County Speed Limit Ordinance); for roadways located within the Lely Resort Community. Resolution 2015-135 9) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$25,000 which was posted as a guaranty for Excavation Permit Number 60.095, (PL20130001140) for work associated with Sandalwood Village. Work associated with this security has been inspected and the developer has fulfilled his commitments 10) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20110002190) for work associated with Saturnia Falls Plat One (Riverstone). Work associated with this security has been inspected and the developer has fulfilled his commitments 11) Recommendation to accept an alternate security for that subdivision known as Hatcher's Preserve, (Application Number AR-11440) enter into a Construction and Maintenance Agreement with the new owner and terminate the existing Construction, Maintenance and Escrow Agreement. The new owner would like to replace the existing performance guarantee security with a cash bond for the remaining landscape and sidewalk improvements 12) Recommendation to grant final approval of the landscaping improvements for the final plats of Reflection Lakes at Naples Phases Page 12 July 7,2015 2C (AR-7523) Phase 2D (AR-7524), Phase 2E (AR-7525) and Phase 2F (AR-7526) and authorizing the release of the maintenance securities.. Resolution 2015-136 (Phase 2C) Resolution 2015-137 (Phase 2D) Resolution 2015-138 (Phase 2E) Resolution 2015-139 (Phase 2F) 13) Recommendation to award Bid #15-6383 for Golden Gate City Various Sidewalk Improvements to Coastal Concrete Products, LLC (Project #33363). Improvements on 20th Ct. SW, 46th Terr. SW and 48th St. SW 14) Recommendation to approve the release of a code enforcement lien with an accrued value of$11,500 for payment of$450, in the code enforcement action entitled Board of County Commissioners v. C. Gary Wilcox and Sonja R. Wilcox, Code Enforcement Special Magistrate Case No. CEPM20140003896, relating to property located at 2118 44th Terrace SW, Collier County, Florida. For a violation of a boarded front window that did not have the required Collier County Boarding Certificate that was brought into compliance on February 9, 2015 15) Recommendation to approve the release of a code enforcement lien with an accrued value of$439,163.18 for payment of$5,000, in the code enforcement action entitled Board of County Commissioners v. Heriberto and Antonio Perez, Code Enforcement Board Case No. CESD20080000222, relating to property located at 5384 Carolina Avenue, Collier County, Florida. For a violation of improvements to a rear structure on the property that was brought into compliance on September 19, 2014 16) Recommendation to approve the release of a code enforcement lien with an accrued value of$148,112.29 for payment of$3,771.23, in the code enforcement action entitled Board of County Commissioners v. Peter V. Schryver, Code Enforcement Special Magistrate Case No. CESD20090011040, relating to property located at 4851 Catalina Drive, Collier County, Florida. The violation was for an unpermitted shed that was brought into compliance on December 4, 2014 by the new owner Page 13 July 7, 2015 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 for recording the final plat of Artesia Naples, Phase 5, (Application Number PL20150000374) 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 construction plan final approval letter 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 Artesia Naples, Phase 4, (Application Number PL20140002472) 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 construction plan final approval letter 19) Recommendation to approve the selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15-6452 "Modeling Services for Surface Water and Groundwater Management" for protected public water supply wellfields that utilize the Surficial and Intermediate Aquifers. 20) Recommendation to approve the waiver of an optional local public hearing on a petition to correct the legal description of the Fiddler's Creek Community Development District 1 which was filed with the Florida Land and Water Adjudicatory Commission since the CDD is over 1000 acres. To remove 137.38 acres from the measured area as the land was moved into Fiddler's Creek Community Development District #2 21) Recommendation to accept a proposal from Atkins North America, Inc. dated June 19, 2015 for the development of a Comprehensive Page 14 July 7, 2015 Watershed Improvement Project, approve a Work Order under Contract No. 13-6164-SS for a not-to-exceed amount of$179,897, authorize the County Manager or his designee to execute the Work Order and authorize all necessary budget amendments. Project No. 51144.3. To integrate the 2011 Watershed Management Plan and Golden Gate Watershed Improvement Plan 22) Recommendation to approve a Stipulated Final Judgment in the total amount of$17,500 for Parcel 138RDUE in the lawsuit styled Collier County v. Grover C. Woody, III, et al., Case No. 15-CA-199. (Golden Gate Boulevard from East of Wilson Boulevard to 20th Street East, Project No. 60040.) Fiscal Impact: $17,500. Property needed for a 40-foot wide road right-of-way, drainage and utility easement 23) Recommendation to approve Change Order No. 1 to Work Order/Purchase Order No. 4500157798 with Humiston & Moore Engineers for Collier County Beaches and Inlets Annual Monitoring for 2015 under Contract No. 13-6164-CZ, authorize the County Manager or his designee to execute the Change Order for a time extension of 138 days, and makes a finding that this item promotes tourism. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve a Commercial Building Improvement Grant Agreement between the CRA and Antone C. Mendes in the amount of$13,496 for property located at 2260 Tamiami Trail East and within the Bayshore Gateway Triangle area. Improvements to the parking lot with pavers or new asphalt, restriping and new parking bumpers C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution and Satisfactions of Lien for the 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $61 to record Page 15 July 7, 2015 the Satisfactions of Lien. Resolution 2015-140 2) Recommendation to award ITB #15-6449, "Maintenance Repair and Operations Parts and Equipment" to W. W. Grainger, Inc., as primary, and Sunshine Ace Hardware, Inc., as secondary for commodity based purchases that include maintenance repair and operations products of industrial equipment, maintenance supplies, tools, inventory items and work order repairs. Countywide purchase of MRO parts and equipment have averaged just over $600,000 annually for the past three years 3) Recommendation to approve the Satisfaction for a certain Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. Fiscal impact is $18.50 to record the Satisfaction of Lien. Folio #81620560004 4) Recommendation to approve selection committee rankings and enter into negotiations for a contract for Request for Proposal No. 15-6450, "Naples Park Infrastructure Improvements," Project Numbers 60139, 70043, 70044 and 71010, with Q. Grady Minor & Associates. For professional engineering services to address replacing water and wastewater mains and upgrading drainage and transportation systems 5) Recommendation to approve a licensing agreement with the District School Board of Collier County to allow the installation of a lightning prediction and warning system on the Pump Station 309 building located on the campus of East Naples Middle School. 6) Recommendation to approve Contract #14-6345, "Construction, Engineering, and Inspection Services for the Wastewater Basin Program," Project Numbers 71010, 70043, 70044, 70046, 70050, and 70051, with three firms: AECOM Technical Services, Inc., Stantec Consulting Services, Inc., and Hole Montes, Inc. For wastewater collection, water distribution and stormwater system construction projects 7) Recommendation to authorize a budget amendment in the amount of Page 16 July 7, 2015 $93,000 transferring funds between cost centers and line items within the Collier County Water-Sewer District Operating Fund (408) to cover costs for unanticipated increases in bank fees and contractual services. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a no cost Modification No. 13 to a Disaster Recovery Initiative Grant Agreement for the Colorado Avenue Storm Water Project with the Florida Department of Economic Opportunity. Contract #10DB-D4-09-21-01-K09, awarded on June 22, 2010 2) Recommendation to award Invitation to Bid No. 15-6463 to Construct Company, Inc. in the amount of$225,800, for construction of the "Tigertail Beach Observation Tower," approve the necessary budget amendment, and make a finding that this expenditure promotes tourism. Construction of a handicap accessible wildlife observation tower 3) Recommendation to approve an after-the-fact Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Older Americans Act Program Title III programs and budget amendments to reflect an increase in grant funding (Net Fiscal Impact $16,309). Amendment to Contract #OAA 203.15 4) Recommendation to accept an extension of the expenditure deadline on Fiscal Year 2012/2013 grant allocations from the Florida Housing Finance Corporation to December 31, 2015 for the State Housing Initiatives Partnership (SHIP) program. Allowing the County to expend FY12/13 SHIP allocated funds 5) Recommendation to approve the FY15 Program of Projects and submittal of a grant application for the Federal Transit Administration, 49 USC § 5307 FY15 grant funds to support the Collier Area Transit system in the amount of$2,888,127, through the Transportation Electronic Award Management System. A 50% ($250,000) local funds match is required for operating assistance funding Page 17 July 7, 2015 6) Recommendation to approve an award for Invitation to Bid #15-6437 "Vanderbilt Beach MSTU FPL Utility Conversion at Vanderbilt Beach Road, Installation and connection of new underground FPL network" to MasTec North America, Inc. in the amount of $574,606.25. For hurricane hardening and enhanced beautification in the area 7) Recommendation to approve and authorize the Chairman to reinstate and sign an extension agreement with the Department of Housing and Urban Development (HUD) for the 2010 funded Shelter Plus Care (S+C) grant to provide supportive services too hard to serve persons with disabilities, approve the associated Subrecipient Agreement with CASL, Inc., approve budget amendments to recognize funding associated with this award, and authorize payment for outstanding payment to Collier County Housing Authority. 8) Recommendation to approve continuation of the Library Electronic Assistance Program through annual recurring funding by the Friends of the Library, Inc. and the necessary budget amendment. Recognizing $28,778.17 in contributions 9) Recommendation to approve an agreement to accept U.S. Department of Housing and Urban Development rural capacity building technical assistance from the National Association for Latino Community Asset Builders. Terms of the agreement are from July 7, 2015 to May 14, 2016 for community development in the Immokalee area 10) Recommendation to award Bid No. 15-6454, "Bus Shelters Repairs," to Florida Painters of Lee County, Inc. as the primary vendor and to Varian Construction as the secondary vendor. The shelters and amenities need to be refurbished approximately every five years to extend their useful life 11) Recommendation to approve and sign a Long Term Community Market Agreement with Joseph and Neomi Rakow, Market Manager of the Golden Gate Community Park Community Market with an effective date of July 7, 2015 through February 1, 2016. For the farmer's market held Saturday's from 9 a.m. to 2 p.m. Page 18 July 7, 2015 12) Recommendation to approve the submittal of a Five-Year Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of lease processing fee of$630, and authorize the Chairman to sign the lease renewal. Providing public access to waterways located at the marina 13) Recommendation to approve a Right of Entry to the Southwest Florida Research and Education Center (SWFREC) University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) to install, maintain and monitor groundwater monitoring wells at the Pepper Ranch Preserve as part of the Lake Trafford Watershed Boundary Study. For 2-years and may be automatically renewed for 1-year 14) Recommendation to approve and authorize the Chairman to execute Landlord Payment Agreements, between 12 landlord/entities and the Collier County Board of Commissioners allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant Program. Entering into agreements with Summer Lakes Apartments II (listed twice in the Executive Summary), College Park Holdings, Tuscan Isle Community, Naples Place 1, Gang-Woodruf Properties of Florida, Pelican Bay Realty, Pheasant Properties, Stephen Cosgrove (private landlord), Brittany Bay Partners, Brittany Bay Partners II and Saddlebrook Apartments 15) Recommendation to approve and execute a Standstill Agreement between Collier County and the United States Department of Agriculture (USDA) to allow the USDA to continue its operations at the County's Agriculture Extension Office at the current terms and conditions, until a new Lease Agreement can be submitted. Located at 14700 Immokalee Road Moved to Item #11G (Per Agenda Change Sheet) 16) Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Page 19 July 7, 2015 Development Code (LDC) Section 3.05.07, H.1.f. iii. a. and b. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to award a contract for Affordable Care Act Data Reporting Services to Health E(fx) and authorize the Chairman to sign the County Attorney approved agreement. The existing SAP System cannot accommodate the reporting requirements 2) Recommendation to approve seven deletions to the 2015 Fiscal Year Pay and Classification Plan made from April 1, 2015 through June 30, 2015. Deleting Childcare worker— Therapeutic Recreation, Compensation analyst, Yard and Neighborhood Outreach Coordinator, Senior Human Resources Technician, Immokalee Business Dev. Center Manager, Parks & Rec Attendant and Senior Purchasing Agent 3) Recommendation to recognize and appropriate revenues generated through reimbursements to the EMS operating budget in the amount of$79,052. For assisting in the Big Cypress National Preserve Wildfire 4) Recommendation to approve the Collier County Water-Sewer District's completion of the remaining terms of the September 14, 2010 Agreement with 850 NWN, LLC, CG II, LLC and execution of Mutual Releases. Associated with the City Gate Commerce Park PUD 5) Recommendation to approve a Lease Agreement with North Collier Fire District for EMS Department use of Station 48 with no annual rent and shared utility expenses. Located on Livingston Road in the North Naples area 6) Recommendation to approve the sale and disposal of surplus property through an on-line auction in compliance with Florida Statutes and Resolution 2013-095. 7) Recommendation to recognize and appropriate revenue for Special Page 20 July 7,2015 Services to the Facilities Management Division Cost Center and approve the necessary Fiscal Year 2014-2015 Budget Amendment. Revenue for the month of June totals $15,188.12 8) Recommendation to affirm the staff's administrative award in October 2013 of Invitation to Bid #13-6141 Water Treatment Services to US Water Service Corporation and award in accordance with the Board's Procurement Ordinance 2015-37, Section 9 Formal Competitive Threshold. Services for County facilities including the Naples Jail Center 9) Recommendation to accept and ratify reports for staff-approved change orders, changes to work orders, and surplus credit. For the period of May 19, 2015 to June 15, 2015 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95-62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. Fees were paid in full on April 27, 2015 2) Recommendation to approve Tourism Development Grant Application Agreements for FY 16 Category B ($35,000) and Category C-2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. Category B — Marketing & Events Grants: ArtsNaples World Festival, Inc. and Naples, Marco Region of Antique Automobile Club of America, Inc.; Category C-2 — Non County Owned/Operated Museums: Southwest Florida Holocaust Museum, Inc. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. Resolution 2015-141 Page 21 July 7, 2015 Moved to Item #1111 (Per Agenda Change Sheet) 4) Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners. 5) Recommendation to approve an agreement between Collier County and RETIS designating Collier County exclusive rights to host the RETIS FACE 9 Florida Executive Training Program in the fall of 2015, and providing funding in the amount of up to $12,000 for financial support in facilitating the event. To attract international businesses and foreign-direct investment to Collier County 6) Recommendation that the Board of County Commissioners adopts a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2015-142 7) Recommendation that the Board authorize the Chairman, as a member of the Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY 2015/2016 budget. Proposed budget is $18,535.000 Moved to Item #11F (Per Agenda Change Sheet) 8) Recommendation to approve Amendment #1 to Contract #15-6433 Production of the Tourism Guide to Miles Media Group, LLLP, authorize the Chairman to execute the County Attorney approved amendment, and make a finding that this expenditure promotes tourism. Page 22 July 7, 2015 G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve the attached Fifth Amendment to Assignment of Lease from Global Manufacturing Technologies, Inc. to KPK Management, Inc. Establishing the annual square foot rent rate for lease years 2016 through 2020 for the 13,000 square foot facility 2) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approves the attached First Amendment to the Collier County Airport Authority Standard Form Lease with the Florida Department of Military Affairs and Standard Form Lease with Tellus Florida, LLC. Tellus Florida will lease 1 acre of the Florida Department of Military Affairs 4 acres for their prefabricated concrete residential and commercial building materials H. BOARD OF COUNTY COMMISSIONERS Continued (Per Commissioner Fiala during Agenda Changes) 1) Request to advertise an ordinance amending Ordinance No. 2008-47, as amended, relating to the Collier County Non-Consent Towing, Private Property Towing, Immobilization and Storage of Vehicles Ordinance, to be brought back at a subsequent meeting for adoption. (Commissioner Fiala) Motion to continue to September in order to have a meeting with all tow companies for input— Approved 5/0 2) Recommendation to appoint one member to the Affordable Housing Advisory Committee. Resolution 2015-143: Appointing Kristi Bartlett with term expiring on October 1, 2017 3) Recommendation to authorize the Collier County Black Affairs Advisory Board to hold the annual "Diabetes Awareness Day." To be held at Golden Gate Community Center November 7, 2015 4) Recommendation to appoint a citizen member to the Value Page 23 July 7, 2015 Adjustment Board. Resolution 2015-144: Appointing Rebecca Earney Added (Per Agenda Change Sheet) 5) Recommendation to appoint a member to the Collier County Planning Commission. Resolution 2015-145: Appointing Andrew Solis I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence. J. OTHER CONSTITUTIONAL OFFICERS 1) To provide to the Board of County Commissioners, the Clerk of the Circuit Court's Internal Audit Report 2015-5 Fleet Management, issued on July 1, 2015. Available electronically on the Clerk of Courts website 2) Board declarations of expenditures serving a valid public purpose and approval of disbursements for the period of June 18 through June 24, 2015. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 25 through June 30, 2015. K. COUNTY ATTORNEY 1) Recommendation to approve an Assumption Agreement substituting the law firm of Smolker, Bartlett, Loeb, Hinds & Sheppard P.A. for the law firm of Smolker, Bartlett, Schlosser, Loeb & Hinds, P.A., in the Retention Agreement dated April 24, 2007, as previously amended and assumed. Notice was given to the County on May 1, 2015 of the firms name change while keeping all other terms of the agreement the same 2) Recommendation to approve a Stipulated Final Judgment in the total amount of$11,000 for Parcel 153RDUE in the lawsuit styled Collier County v. GG1 Naples, LLC, et al., Case No. 15-CA-329. (Golden Page 24 July 7, 2015 Gate Boulevard from East of Wilson Boulevard to 20th Street East, Project No. 60040) Fiscal Impact: $11,170. For a 25-foot wide road right-of-way, drainage and utility easement needed for widening of Golden Gate Boulevard 3) Recommendation that the Board of County Commissioners review and approve the proposed 2-year extension to the Employment Agreement for Mark Strain, Hearing Examiner. Extended until September 30, 2017 4) Recommendation to approve a Resolution granting Marlene Messam, as Project Manager, authority to make a binding commitment to the construction plans for the US 41/951 Intersection Improvement Project (Project No. 60116) for the purposes of trial and all pretrial motions in the case styled Collier County v. RTG, LLC, et al., Case No. 13-CA-259. Resolution 2015-146 5) Recommendation that the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water-Sewer District, direct the County Attorney to enforce the terms of the May 18, 2015, mediation and pursue any and all actions required to hold the required public hearing, together with the recovery of the County's legal fees and costs. Relating to the Orange Tree Utility Company 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. Adopted — 4/1 (Commissioner Henning opposed) Page 25 July 7, 2015 A. Recommendation to adopt an Ordinance amending Ordinance No. 2005-54, which re-established two Municipal Benefit Units, known as Service District No. 1 and Service District No. 2, for the purpose of providing and regulating solid waste collection, disposal and administration, to provide alignment with the Franchise Agreements as amended, new procedures, clarifications, and administrative changes. Ordinance 2015-38 B. Recommendation to consider amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending Ordinance No. 92-15, as amended, which re- established Lely, A Resort Community Planned Unit Development (PUD), by reducing the maximum number of dwelling units from 10,150 to 8,946; by amending Section 2.06 entitled "Project Density" and Section 2.07 entitled "Permitted Variations of Dwelling Units"; by amending the market absorption schedule; by amending Section 3.02 entitled "Maximum Dwelling Units"; by amending Section V, C-2 Commercial/Professional to provide that the square footage limitation does not apply to residential dwelling units permitted as part of a mixed use project; and by amending Section VI, C-3 Commercial/Neighborhood to allow C-3 uses and all types of residential dwelling units as mixed use or stand alone for the C-3 parcel at the corner of Rattlesnake-Hammock Road and Grand Lely Drive; by adding Section XV, Deviations, from the Land Development Code to increase the number of signs and the size of signs; amending Exhibit H, the PUD Master Plan to move a C-3 parcel to the east of Lely Grand Drive and adjust acreages to decrease residential uses and increase commercial uses by 6± acres; and providing an effective date. The subject property consists of 2,892 acres located between U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida. [PUDA-PL20140002040] Ordinance 2015-39 C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage Page 26 July 7, 2015 limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA-PL20140000867] Ordinance 2015-40 D. Recommendation to adopt an Ordinance amending Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), to eliminate the three year limitation on the duration of ad hoc committees. Ordinance 2015-41 E. This item has been continued from the June 23, 2015 BCC Meeting and has been further continued indefinitely. Recommendation to execute the proposed Mediated Settlement Agreement and Integration Agreement, which integrates the Orange Tree Utility Company water and wastewater systems into the Collier County Water-Sewer District, to provide water and wastewater utilities to Orange Tree Utility customers pursuant to the May 28, 1991 Agreement, as amended, between Orange Tree Utility Company, Orangetree Associates and the Board of County Commissioners of Collier County; accept the Staff Report dated June 23, 2015 pursuant to Section 124.3401, Florida Statutes; approve existing Orange Tree Utility contracts and agreements with vendors and suppliers as those of Collier County; approve 9 Full Time Equivalent positions; approve a Resolution changing the District boundaries; and approve inclusion of the proposed budget in the FY16 Collier County Water-Sewer District budget. 18. ADJOURN — Consensus INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 27 July 7, 2015