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Backup Documents 01/26/2016 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority otr .1/ r (if AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 January 26, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair Commissioner Tom Henning, District 3 — PSCC Vice-Chair Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC 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 January 26,2016 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. Pastor Jim Thomas — East Naples United Methodist Church 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.) Approved and/or Adopted w/changes — 5/0 3. SERVICE AWARDS Page 2 January 26,2016 4. PROCLAMATIONS (One Motion Taken to Adopt both Proclamations) A. Proclamation designating February 3, 2016 as "Cultural Arts Day" in Collier County in recognition of the Cultural Alliance of Marco Island and Goodland 's "Cultural Carnivale." To be accepted by Beverly Dahlstrom, CAMIG President, Bruce Graev, CAMIG Vice President, Kevin O'Fee, Cultural Carnivale Chairman. Adopted— 5/0 B. Proclamation recognizing Jewish Family & Community Services of Southwest Florida and designating January 26, 2016 as Naples Senior Center Day in Collier County. To be accepted by Dr. Jaclynn Faffer, David Rutstein, and Edward Anchel. Adopted— 5/0; read into the record by Commissioner Taylor 5. PRESENTATIONS A. Recommendation to recognize Pam Bastien, Customer Service Specialist, Growth Management Department as the Employee of the Year 2015. Presented B. Recommendation to recognize Allison Kearns, Manager Financial and Operations Support, Growth Management Department as Supervisor of the Year 2015. Presented 6. PUBLIC PETITIONS 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 Items #8 and#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 9:30 a.m. This item requires that ex parte Page 3 January 26, 2016 disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution providing for the establishment of a Conditional Use to allow a church within an Estates (E) zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for a 4.05± acre property located on the south side of Pine Ridge Road (C.R. 896), one-quarter mile east of Interstate 75, in Section 17, Township 49 South, Range 26 East, Collier County, Florida. [Petition CU- PL20140000543] Motion to table the item until after lunch — Consensus; Motion to continue to the February 9th BCC Meeting— Approved 4/0 (Commissioner Hiller absent) 10. BOARD OF COUNTY COMMISSIONERS Added (Per Commissioner Henning after adoption of the Proclamations) A. Recommendation to continue the discussion of the January 25, 2016 Meeting between the North Collier Fire Control & Rescue District and Collier County, to extend COPCN and consider a settlement agreement. Motion to add this item to today's agenda —Approved 5/0; Motion to offer settlement agreement to allow COPCN w/conditions: 1) Utilizing County Medical Director, 2) Common Credentials, 3) Common ride time, 4) Patient care reporting, 5) Common quality assurance and issue for one year and extending the current COPCN for 30 days (2/25/16) and staff to notify State and prepare a permit and certificate— Approved 4/0 (Commissioner Hiller absent) 11. COUNTY MANAGER'S REPORT A. Recommendation to award a construction contract in the amount of $7,178,472.15 to Quality Enterprises USA, Inc. and reserve $572,000 on the purchase order for funding allowances, for a total of$7,750,472.15 for ITB #16-6550 "Immokalee Road and Collier Boulevard Intersection Improvements," Project No. 60132; declare a valid public emergency to complete the design and post design services; and approve work orders and necessary budget amendments. (Joe Delate, Transportation Road Maintenance Senior Project Manager) Motion to approve staff's recommendations and an after-the-fact approval of a payment in the amount $73,308 to CH2M Hill for previous work that was performed on the basis of Quantum Meruit— Page 4 January 26, 2016 Approved 5/0 B. Recommendation to provide direction and approve Federal Legislative Priorities for 2016. (Brandon Reed, Legislative Affairs Coordinator) Approved - 5/0 Moved from Item #16A8 (Per Agenda Change Sheet) C. Recommendations on behalf of the Golden Gate Watershed Improvement Program (GGWIP) Technical Advisory Ad Hoc Committee including: a) Extend the Committee until the completion of its business, b) Appoint City of Marco Island representative Chadd Chustz to fill the existing vacancy, c) Permit the Committee to establish sub-committees, d) Confirm that the Committee was established to address comprehensive watershed management, despite the Committee name which focuses on Golden Gate, and rename it the Comprehensive Watershed Improvement Program Committee, e) Be advised that the Committee has tabled the concept of expanding Committee membership to include non-governmental representatives due to the technical focus of the Committee. Resolution 2016-21 (Golden Gate Watershed Improvement Program Technical Advisory Ad Hoc Committee) Resolution 2016-22 (Appointing Chadd Chustz as Marco Island representative) — Adopted 4/1 (Commissioner Taylor opposed) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) Board evaluate and rank Request For Proposal (RFP) Solicitation #16-6548 for the disposition of 5.27 + acres of CRA property and authorize staff to negotiate a Purchase and Development Agreement with the selected respondent for subsequent Board action. Page 5 January 26, 2016 Motion directing staff to negotiate a contract w/Real Estate Partners International, LLC — Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule B. Commissioner Henning— Item #11E from 1/12/16 BCC Meeting regarding lump sum contract payments; Staff to work with Clerk's office to look into backup material provided by PBS and bring back to the Board— Consensus C. Commissioner Nance— Would like staff to prepare an Executive Summary proposing a temporary moratorium on permitting Charter Schools in Golden Gate Estates for a future meeting - Consensus D. Commissioner Taylor— Defining LDC uses in Residential Communities regarding churches E. Commissioner Fiala— One of the AED placed in Goodland saved someone life; Requesting an Executive Summary be prepared regarding restoration of old cottages on Goodland— Consensus F. Deputy County Manager Casalanguida — Goodland Pancake breakfast this Saturday 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 w/changes — 5/0 A. GROWTH MANAGEMENT DEPARTMENT 1) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Fiddler's Creek Marsh Cove - Phase 2 Replat, (Application Number PL20150002327) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. A project within the Marco Shores/Fiddler's Creek PUD Page 6 January 26, 2016 2) Recommendation to approve the release of a code enforcement lien with an accrued value of$120,212.29 for payment of$17,112.29, in the code enforcement action entitled Board of County Commissioners v. Irene Vilar, Code Enforcement Special Magistrate Case No. CEAU20110011121, relating to property located at 4185 43rd Ave NE, Collier County, Florida. For the construction of a fence without required permits on property that was acquired by Deutsche Bank National Trust Company in 2014 and brought into compliance March, 2015 3) Recommendation to approve the release of two (2) code enforcement liens with a combined accrued value of$216,710.63 for payment of $2,500, in the code enforcement actions entitled Board of County Commissioners v. Muller Real Est. Holdings LLC, Code Enforcement Special Magistrate Case Nos. CENA20140009645 and CESD20140009723, relating to property located at 1461 Golden Gate Blvd. E., Collier County, Florida. The result of violations for outside storage of unlicensed vehicles, auto parts, trailers, derelict boats, garbage and for the construction of a pool and several structures that were built without required permits on the property that was brought into compliance December, 2015 following foreclosure 4) Recommendation to approve the release of a code enforcement lien with an accrued value of$43,901.36 for payment of$5,501.36, in the code enforcement action entitled Board of County Commissioners v. Randall A. Patterson, Code Enforcement Special Magistrate Case No. CEPM20140014264, relating to property located at 155 Mentor Drive, Collier County, Florida. For code violations consisting of weeds, litter, mold and an unmaintained pool with torn cage screens on property acquired by U.S. Bank and brought into compliance following foreclosure 5) Recommendation to approve the donation of approximately 30,000 cubic yards (CY's) of beach quality sand from the Hideaway Beach District to be used in the Marco Island Central Beach Re-grade Project No. 90062. Assuming the material is beach quality and pending a permit modification, the donation is valued at approximately $300,000, and will offset additional sand required to re-grade central beach Page 7 January 26, 2016 6) Recommendation to award Contract #15-6526 to Olympus Painting Contractors, Inc. in the amount of$130,040 to restore and secure the positioning of bearing pads on Bridge No. 34134. Project No. 66066. Includes a $10,000 allowance for additional owner-directed work on the Golden Gate Parkway over Airport Pulling Road Bridge Continued to the February 9, 2016 BCC Meeting (Per Agenda Change Sheet) 7) Recommendation to authorize advertising an Ordinance amending the Code of Laws and Ordinances of Collier County at Chapter 130, Traffic and Vehicles, to add a section allowing for the use of golf carts upon designated roads in the Town of Ave Maria, Florida. Moved to Item #11C (Per Agenda Change Sheet) 8) Recommendations on behalf of the Golden Gate Watershed Improvement Program (GGWIP) Technical Advisory Ad Hoc Committee including: a) Extend the Committee until the completion of its business, b) Appoint City of Marco Island representative Chadd Chustz to fill the existing vacancy, c) Permit the Committee to establish sub-committees, d) Confirm that the Committee was established to address comprehensive watershed management, despite the Committee name which focuses on Golden Gate, and rename it the Comprehensive Watershed Improvement Program Committee, e) Be advised that the Committee has tabled the concept of expanding Committee membership to include non-governmental representatives due to the technical focus of the Committee. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a budget amendment recognizing $63,805.43 in revenue received under the HOME Investment Partnership Program. Revenue from loan and down payment assistance repayment 2) Recommendation to approve and authorize the Chairman to sign a retained Program Income Agreement between the Florida Department Page 8 January 26,2016 of Economic Opportunity and the Collier County Board of County Commissioners and to authorize a budget amendment recognizing revenue received under the Community Development Block Grant in the amount of$34,820.55. As detailed in the Executive Summary 3) Recommendation to adopt a Donated Materials Policy for the Libraries, specifying age and condition of acceptable items and acknowledging their possible dispositions. The policy will be posted on the Library's website and at assigned donation drop-off locations 4) Recommendation to adopt a Resolution authorizing the Community and Human Services Division Director to sign Memorandums of Understanding for the Retired and Senior Volunteer Program. There is no fiscal impact associated with this item. Resolution 2016-17 5) Recommendation to approve electronic submittal of an Application Form for the Florida Fish and Wildlife Conservation Commission Florida's State Wildlife Grants Program to facilitate the use of controlled burns as a management tool to support upland habitats within specified Conservation Collier Preserves. A grant application for $119,000 in funds to facilitate controlled burns within the Nancy Payton, Pepper Ranch, Railhead Scrub, Redroot, and Rivers Road Preserves over a 3-year time period and the county providing $150,700 in matching funds 6) Recommendation to approve the Third Amendment to the Subrecipient Agreement with Youth Haven, Inc. to combine related budget activities and clarify the term "expended" in the agreement. This item has no new fiscal impact. Simplifying the payment reimbursement process for a grant (#CD14-12) that has provided funds to rehab and install safety and security improvements at Naples Youth Haven campus 7) Recommendation to approve selection committee rankings and enter into negotiations for a contract for Request for Proposal #15-6530, "Professional Design Services for Immokalee Fitness Center Remodel," Project No. 33422 with Disney & Associates, P.A. Page 9 January 26, 2016 After terms are agreed upon a contract will be brought to the Board for approval on the project that involves renovations and doubling the size of the existing facility 8) Recommendation to approve a substantial amendment to the FY2015- 2016 U.S. Department of Housing and Urban Development Annual Action Plan authorizing Community and Human Services staff to administer a previously Board approved rental assistance program to prevent homelessness using Emergency Solutions Grant funds in the amount of$72,226. Due to a difficulty in finding an organization to administer the program, staff must amend the FY15/16 HUD Annual Action Plan that was approved at the August 11, 2015 In Absentia Meeting and subsequently ratified by the Board on September 8, 2015 9) Recommendation to approve a substantial amendment to Collier County's U.S. Department of Housing and Urban Development Annual Action plans for FY 2003-2008 and the Fourth Amendment to the HOME Investment Partnership Program Subrecipient Agreement with Community Assisted and Supported Living, Inc. for the Multi- Family Property Acquisition Project in order to clarify language and achieve consistency throughout the agreement. Amending a 2013 Subrecipient Agreement for Project #HM13-02 with Community Assisted and Supported Living, Inc. 10) Recommendation to approve a Landscape Maintenance Agreement between the Radio Road Beautification MSTU with the Board of County Commissioners as governing board and REG8 Berkshire Commons LLC. As detailed in the Executive Summary 11) Recommendation to approve the Termination of the Affordable Housing Density Bonus Agreement for the Saddlebrook Village Apartments located on Davis Boulevard, based on the fulfillment of obligations within the Affordable Housing Density Bonus Agreement for this project. The current owner has fulfilled required obligations and on March 24, 2015 fully satisfied the 1997 Affordable Housing Density Bonus Agreement between Collier County and prior owner CEI/Kensington Page 10 January 26, 2016 12) Recommendation to recognize a FY2015/2016 Federal Transit Administration Section 5311 rural grant in the amount of$366,460 to provide continued transit service to the rural area of Collier County; approve a resolution authorizing the Chair to sign the agreement and all necessary budget amendments; and authorize the Public Services Department Head, as the Board's designee, to sign the Standard Lobbying Certification. The total fiscal impact is $732,920 with a Federal share of$366,460 and local match of$366,460. Resolution 2016-18 13) Recommendation to approve and sign a Long Term Community Market Agreement with Joe Rakow, Market Manager, to provide a Community Market at Golden Gate Community Center with an estimated revenue of$11,024. An agreement through January 28, 2017 and the market will operate on Saturdays from 9 a.m. to 2 p.m. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve a First Amendment to the Ground Lease Agreement for a Communications Tower with Crown Castle Towers, 06-02 LLC and a Memorandum of Ground Lease Agreement for a Communications Tower on behalf of Parks and Recreation/Public Services. Amending a 2010 agreement with New Cingular Wireless PCS that was recently assigned to Crown Castle Towers to revise conditions and redefine the leased area at Max Hasse, Jr. Community Park 2) Recommendation to waive competition for a sole source vendor and approve the continued amendment of the Lease Agreement for a Confined Space Gas Monitoring System with Industrial Scientific. Amending Contract #12-5840WV by extending the agreement through January 31, 2020 with a cost of$117,754.56 3) Recommendation to waive competition for legal and non-legal advertisements and broadcasting services for Collier County community based programs. Page 11 January 26,2016 III Using various media companies in SWFL that will reach the most citizens, depending on the program or event, and includes Agreement #15-6516 with Scripps, d/b/a Naples Daily News 4) Recommendation to affirm the award for the Facilities Management Division's Invitation to Bid #15-6395, On-Call Overhead Doors and Automatic Gates to Drew Sell, Inc. d/b/a Precision Door Service in accordance with the Formal Competitive Threshold of the Board's Procurement Ordinance 2013-69, as amended. Due to an unexpected rise in repairs this fiscal year and affirming Contract #15-6395, executed by staff in March, 2015 5) Recommendation to approve a Lease Agreement with Horseshoe Development, LLC for space to be utilized by the Growth Management Department. A 3-year agreement with an option to automatically renew annually for 7,203 square feet of space in a building at 2685 Horseshoe Drive South with an annual rent of$100,842 and monthly payments of$8,403.50 that will increase 4% annually and is needed due to the growing number of staff that has been added in the Growth Management Department 6) Recommendation to approve the addition of three new classifications and one reclassification to the 2016 Fiscal Year Classification Plan made from October 1, 2015 through December 31, 2015. As detailed in the Executive Summary 7) Recommendation to approve a Sovereignty Submerged Lands Easement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Collier County. A lease running July 19, 2011 through July 19, 2061 that will allow two subaqueous water main crossings across the Cocohatchee River that were installed per a 1991 Easement for the Immokalee Road Water Main Project, to remain in place 8) Recommendation to revive and amend a Contractual Service Agreement between Collier County and Greater Naples Fire Rescue District to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of$160,800. Page 12 January 26, 2016 F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. Resolution 2016-19 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence Added: Commissioner Fiala entered a letter into Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to authorize a budget amendment in the amount of $250,000 from the Clerk's Court Agency Fund 651 to the Sheriff, for criminal justice training and educational expenses in accordance with Section 938.15, Florida Statutes. Using a $2.50 court cost paid for each traffic infraction to reimburse the sheriff for education and training programs 2) Report to the Board regarding the investment of County funds as of the quarter ended December 31, 2015. Correction to time period for referenced disbursements (Per Agenda Change Sheet) 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between December 31, 2015 and January 6 13, 2016 pursuant to Florida Statute 136.06. During discussion of the agenda it was noted these disbursements serve a valid public purpose and payments are approved K. COUNTY ATTORNEY Page 13 January 26, 2016 1) Recommendation to approve a Joint Motion for Final Judgment for total compensation in the amount of$30,860 for Parcel 174RDUE in the case styled Collier County v. Robert E. Williams, Tr., et al., Case No 14-CA-816, taken for the six-laning of Collier Boulevard from Green Boulevard to Golden Gate Boulevard, Project No. 68056. (Fiscal Impact: $20,860) As detailed in the Executive Summary 2) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and Mutual Release in the lawsuit styled Madeline Wilens v. Collier County (Case No. 14-CA-001574), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. A settlement in the amount of$45,000 that arose when the plaintiff tripped and fell on a sidewalk near Vanderbilt Drive and Vanderbilt Beach Road on June 26, 2013 and as a result suffered injuries and needed home health care services for several weeks during her recovery 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— 5/0 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150002694, to vacate the access easement located at the southwest corner of Lot 16, of the Residences at Mercato, as recorded in Plat Book 58, Page 6, of the public records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Page 14 January 26, 2016 Resolution 2016-20 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 January 26, 2016