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Agenda 02/10/2015 Agenda Index AGENDA BCC REGULAR MEETING February 10 , 2015 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority T i '.i AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 February 10,2015 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 Development Chair Commissioner Tom Henning,District 3 -PSCC 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. 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. 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 Facilities Management Department. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Dr.Hayes Wicker-First Baptist Church of Naples 2. AGENDA AND MINUTES 2.A. Approval of today's regular,consent and summary agenda as amended(Ex Parte Disclosure provided by Commission members for consent agenda.) 2.B. January 13,2015-BCC/Regular Meeting Minutes 3. SERVICE AWARDS 4. PROCLAMATIONS 4.A. Proclamation honoring the memory of Annie Wynn and recognizing her Pg.1 contributions to the community.To be accepted by Jerry Wynn,Tim Wynn,Linda Wynn Smith,Katie Wynn,Jeff Wynn and Michael Wynn.Sponsored by Commissioner Hiller. 4.13. Proclamation recognizing February 2015 as Senior Independence Month.To be Pg.3 accepted by Vickijo Lechworth,LCA Chair,The Shelter for Abused Women and Children; Dr Jaclyn Faffer,Immediate Past LCA Chair,the JFCS Senior Center;Harriet Lancaster,Collier Senior Resources:Tatiana Fortune,Golden Gate Senior Center; Heather Baker,NCH Brookdale Center for Healthy Aging and Rehabilitation; Mark Hahn,Medicare Home Care Agencies.Sponsored by Commissioner Fiala 4.C. Proclamation congratulating the Coalition of Immokalee Workers,which was Pg.5 awarded a 2014 Presidential Medal in Washington,D.C.for their extraordinary efforts fighting Human Trafficking. To be accepted by Guadalupe Gonzalo,Gerardo Reyes-Chavez,Cruz Salucio and Silvia Perez of the Coalition. Sponsored by Commissioner Hiller. 5. PRESENTATIONS S.A. Recommendation to recognize Louise Pelletier,Manager-Senior Programs and Social Pg.8 Service,Public Services Division as the Supervisor of the Year 2014. S.B. Presentation of the Collier County Business of the Month for February 2015 to Adams Pg. 11 Foods Inc.To be accepted by Christina Meisenhelter,Owner,Adams Foods,Inc.; Elizabeth Nunez,Marketing Coordinator,Adams Foods Inc.;and Russ Burland, Account Executive,the Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS 6.A. Public Petition request from Nell Hurley Efird,Jr.requesting a refund of the fine Pg. 14 portion paid to release the code enforcement lien against 541 100th Avenue North, Naples,FL. 6.B. Public Petition request from Kaydee Tuff regarding the farmer's market at the Pg.22 Golden Gate Community Center. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Recommendation that the Board of County Commissioners recreates the Executive Pg.25 Director position for the Bayshore Gateway Triangle Community Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,making her a direct report to the Collier County Redevelopment Agency,and direct the County Attorney to work with the Chair of the CRA and Ms.Jourdan on an employment agreement. (Commissioner Fiala) 10.B. Recommendation to approve a County matching contribution for the completion of Pg.28 the Freedom Memorial located at Fred W.Coyle Freedom Park. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to provide direction to the County Manager or his designee on the Pg.31 timing and funding for amending the Collier County Growth Management Plan (GMP).(Mike Bosi,Zoning Director) 11.B. Recommendation to adopt a Resolution supporting a regional initiative aimed at Pg.40 implementing the Golden Gate Watershed Improvement Program (GGWIP). (Nick Casalanguida,Growth Management) 11.C. Recommendation to approve a policy governing the painting and/or the repainting Pg.52 of Collier County maintained traffic signal and street light pole structures and request for direction from the Board of County Commissioners on painting policy on new structure installations. (Jay Ahmad,Transportation Engineering Director) 11.D. This item to be heard at 2:00 p.m. Recommendation to provide direction regarding Pg.77 the Operation of"Open Air Markets"within Collier County Parks and other properties.(Barry Williams,Parks and Recreation Director) 11.E. This item to be heard at 10:30 a.m. Recommendation to accept a status report Pg. 101 regarding the staff review of prospective sites for the Southwest Florida Soccer Foundation Soccer Complex. (Amanda Townsend,Public Services Operations Support Director) 11.F. Recommendation to approve a Memorandum of Agreement between the Collier Pg.109 County Water-Sewer District,the Solid and Hazardous Waste Management Department,and the Parks and Recreation Department related to the Northeast Facilities land acquisition. (George Yilmaz,Public Utilities) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Current BCC Workshop Schedule. Pg.152 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. 16.A. GROWTH MANAGEMENT DIVISION 16.A.1. Recommendation to approve final acceptance of the water and sewer utility Pg.154 facilities for VeronaWalk Phase 4C-5 and 4C-6,PL20130000552,and to authorize the County Manager,or his designee,to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. 16.A.2. Recommendation to approve final acceptance of the water utility facility for Pg. 165 Gaspar Station,Phase 1,PL20130000666,and to authorize the County Manager,or his designee,to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. 16.A.3. Recommendation to approve final acceptance of the privately owned utility Pg. 175 facility for Naples Lake Country Club,PL20130000663,and authorize the County Manager,or his designee,to release a Utility Performance Security (UPS)and Final Obligation Bond in the total amount of$8,249.30 to the Project Engineer or the Developer's designated agent. 16.A.4. Recommendation to approve an extension of five years for completion of Pg. 185 subdivision improvements associated with Andalucia(AR-6156)pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code. 16.A.5. This item requires that ex parte disclosure be provided by Commission Pg. 198 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 Windward Isle,(Application Number PL20140000741)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.6. This item requires that ex parte disclosure be provided by Commission Pg.213 members.Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to approve for recording the minor final plat of Winding Cypress Unit Two,Application Number PL20140001878. 16.A.7. Recommendation to review the proposed zoning map changes and support Pg.226 documentation,and direct the Chairman to sign the official zoning maps. 16.A.8. Recommendation to approve an easement agreement for the purchase of a Pg.229 Road Right-of-Way,Drainage and Utility Easement(Parcel Z36RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East,together with its companion easement agreement for the purchase of a Road Right-of-Way,Drainage and Utility Easement(Parcel 419RDUE)required for the expansion of Golden Gate Boulevard from 20th Street East to DeSoto Boulevard. Project No.60040 (Fiscal Impact:$25,100). 16.A.9. Recommendation to award Invitation to Bid(ITB) #15-6370,Motorola Pg.260 Central Control Irrigation Supplies and Services to Contemporary Controls& Communications,Inc. 16.A.10. Recommendation to review and approve the list of proposed projects to be Pg.304 submitted for the FY 2016 Big Cypress Basin Local Partnership Grants Program. 16.A.11. Recommendation to approve a quote from the Conservancy of Southwest Pg.309 Florida to provide two(2)years of Shorebird Monitoring for four(4) Collier County beach renourishment projects,authorize the County Manager or his designee to execute the purchase order for a not to exceed amount of $29,600,and make a finding that this expenditure promotes tourism. 16.A.12. Recommendation to adopt a Resolution establishing the Golden Gate Pg.320 Watershed Improvement Program Technical Advisory Ad-Hoc Committee for 12 months. 16.A.13. Recommendation to approve the release of a code enforcement lien with a Pg.327 net accrued value of$35,754.99,for payment of$450,in the code enforcement action entitled Board of County Commissioners v.Carlos I. Hernandez and Maria A.Carranza,Code Enforcement Board Case No. CEVR20100021320,relating to property located at 1855 42nd Street SW, Collier County,Florida. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.C. PUBLIC UTILITIES DIVISION 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to authorize execution of the grant award for the Federal Pg.334 Transit Administration 49 U.S.C.§5339 FY14 grant award in the amount of $365,428 and appropriate a budget amendment. 16.D.2. Recommendation to approve a release acknowledging completion of the Pg.345 requirements set forth in the Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for the Somerset Palm Apartments. 16.D.3. Recommendation to accept a Federal Transit Administration Section 5310 Pg.368 Grant award in the amount of$541,489,authorize the necessary budget amendments,and approve the purchase of five paratransit vehicles and radios using those funds. 16.D.4. Recommendation to approve and authorize the Chairman to sign a Pg.374 satisfaction of mortgage due to the death of the property owner in accordance with the terms of the Promissory Note. 16.D.5. Recommendation to approve four Disaster Recovery Grant Signature Pg.386 Authority Forms for submittal to the Florida Department of Economic Opportunity. 16.D.6. Recommendation to approve a Collier County Tourist Development Council Pg.393 Category"A"grant application for Beach Park Facilities in the amount of $600,000 to upgrade and expand the Naples Pier restrooms,authorize the Chairman to execute the necessary grant agreement,and to make the finding that the project promotes tourism. 16.D.7. Recommendation to reaffirm the use of the previous awarded Pg.415 Invitation to Bid 14-6278RR"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for Sections A and B Preventative Maintenance work only;approve purchase orders issued for"on-call"services through January 31,2015 to Tri-City Pools;and procure"on-call"maintenance repair services utilizing the applicable quotation and formal bid provisions in the Board adopted purchasing ordinance. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.E.1. Recommendation to ratify Property,Casualty,Workers'Compensation and Pg.489 Subrogation claim files settled and/or closed by the Risk Management Director pursuant to Resolution#2004-15 for the first quarter of FY 15. 16.E.2. Recommendation to adopt a resolution authorizing the removal of 7,102 Pg.513 ambulance service accounts and their respective uncollectible accounts receivable balances which total$5,510,345.36,from the accounts receivable of Collier County Fund 490 (Emergency Medical Services)finding diligent efforts to collect have been exhausted and proved unsuccessful. 16.E.3. Recommendation to approve a Lease Agreement with Interfaith Action of Pg.524 Southwest Florida,Inc.to utilize a location on a county-owned communications tower in Immokalee. 16.E.4. Recommendation to approve a Memorandum of Understanding between Pg.535 Collier County and the Collier EMS/Fire Bargaining Unit,Southwest Florida Professional Firefighters Local 1826,International Association of Firefighters,Incorporated. 16.E.5. Recommendation to accept reports and ratify staff-approved change orders Pg.553 and changes to work orders. 16.E.6. Recommendation to approve the submittal of a Volunteer Fire Assistance Pg.562 Grant Application in the amount of$2,100 to purchase Class A Foam for the Ochopee Fire Control District(County Match$1,050). 16.E.7. Recommendation to authorize the County Attorney to advertise an Pg.570 Ordinance creating the Fiddlers Creek Municipal Rescue and Fire Services MSTU and an Amendment to the Isles of Capri Fire and Rescue Services MSTU to remove the Fiddlers Creek Area from within the MSTU. 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to approve an assignment of impact fee credits in the Pg.578 amount of$15,215.84 held by the First Congregational Church for right of way that was conveyed to the County per Resolution 08-335. 16.F.2. Recommendation to adopt a resolution approving amendments Pg.596 (appropriating grants,donations,contributions or insurance proceeds)to the Fiscal Year 2014-15 Adopted Budget. 16.F.3. Recommendation to approve a Lease Agreement with Kraft Office Center LLC Pg. 599 for dedicated office space to house the County's Soft Landing Business Accelerator program. 16.F.4. Recommendation to authorize the advertisement of an ordinance for future Pg.638 consideration which would amend Ordinance No.2013-40,the"Collier County Administrator's Ordinance." 16.F.5. Recommendation to approve modifications to the 2015 Fiscal Year Pg.643 Classification Plan made to the classification titles of Administrators and Directors. 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.1.1. Recommendation to appoint a member to the Coastal Advisory Committee. Pg.649 16.H.2. Recommendation to reappoint a member to the Contractors Licensing Board. Pg.660 16.H.3. Recommendation to appoint four members to the Code Enforcement Board. Pg.671 16.H.4. Commissioner Fiala requests Board approval for reimbursement regarding Pg.693 attendance at a function serving a Valid Public Purpose. Attended the Southwest Florida Business Leaders Luncheon on February 6,2015. The sum of$35 to be paid from Commissioner Fiala's travel budget. 16.11.5. Recommendation to adopt a Resolution petitioning Governor Rick Scott and Pg.696 the Florida Legislature to enact legislation that will restore the local School Boards'control of educational standards,curriculum,and student assessments. 16.11.6. Recommendation to declare the attendance by Commissioner(s)and staff at Pg.699 the Florida Association of Counties Legislative Day Conference,March 25-27, 2015,to be a valid public purpose. 16.I. MISCELLANEOUS CORRESPONDENCE 16.1.1. Miscellaneous Correspondence Pg.701 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. Recommendation to authorize a budget amendment in the amount of Pg.704 $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. 16.J.2. Board declaration of expenditures serving a valid public purpose and Pg.706 approval of disbursements for the period of January 22,2015 through January 28,2015. 16.1.3. Board declaration of expenditures serving a valid public purpose and Pg.772 approval of disbursements for the period of January 29,2015 through February 4,2015. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to authorize the County Attorney to file a lawsuit on behalf Pg.821 of the Collier County Board of County Commissioners against F&H Electrical Contractors,Inc.,d/b/a F&H Contractors and Florida Power&Light(FPL) for$17,378.43 in damages incurred when they breached an 8"force main owned by the County. 16.K.2. Recommendation to approve retention of Joseph Roles and Associates,Inc., Pg.826 for expert witness litigation support services for LASIP Project No.51101- Crews,Cope,Sandy Lane in an amount not to exceed$30,000. Fiscal Impact $30,000. 16.K.3. Recommendation to approve the hiring of Charles S.Stratton,P.A.to act as Pg.843 mediator in the eminent domain case styled Collier County v.RTG,LLC.,et al., Case No.13-CA-259,in order to conduct mediation regarding full compensation owed ABC Liquors for the taking of parcels required for the US 41/CR 951 Intersection Project. 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. 17.A. Recommendation to approve(adopt)the Henderson Creek Mixed Use Pg.847 Subdistrict/Mixed Use Activity Center(#18) 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) (PL20140000534/CPSS-2014-3) [Companion to Petition PUDA-PL201400004771 This is a companion to Item 17B. 17.B. This item requires that ex parte disclosure be provided by Commission members. Pg.865 Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2008-50 which established the Tamiami Crossing Commercial Planned Unit Development to retain the density of 235,000 square feet of commercial uses;to replace Exhibit C-1 Master Plan for large format retail and Exhibit C-2 Master Plan B for multi-tenant retailers with Exhibit C,a new Master Plan;to revise Development Standards including an actual height increase from 40 to 50 feet and a zoned height increase from 35 to 45 feet;to add Deviations regarding directory signs;and to modify and delete Development Commitments. The subject property is located on the southeast quadrant of US 41 and Collier Boulevard in Section 3,Township 51 South,Range 26 East,Collier County,Florida,consisting of 24.5±acres;and by providing an effective date(Petition number PUDA-PL20140000477). This is a companion to Item 17A. 17.C. This item requires that ex parte disclosure be provided by Commission members. Pg.921 Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140002499 to disclaim,renounce and vacate the County and the public interest in a portion of Veterans Memorial Boulevard Right-of-Way described in Official Record Book 4829,pages 355 through 357 of the Public Records of Collier County,Florida,located in Section 7,Township 48 South,Range 26 East,Collier County,Florida. 17.D. Recommendation that the Collier County Board of County Commissioners as the Pg.972 Community Redevelopment Agency adopt an ordinance amending Ordinance No. 2002-38,"The Collier County Redevelopment Grant Program Ordinance,"to add a Commercial Sweat Equity Grant Program for the Immokalee Community Redevelopment Area. 17.E. Recommendation to adopt an Ordinance amending the Conservation Collier Pg.994 Ordinance 2002-63,as amended,to modify the number of members on the Conservation Collier Land Acquisition Advisory Committee(CCLAAC)during times when active acquisition is not occurring from nine to seven and the quorum requirements from five to four members. 17.F. Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Pg. 1002 Code of Laws and Ordinances,which is the Collier County Consolidated Impact Fee Ordinance,providing for the incorporation by reference of three impact fee studies; amending the Road Impact Fee rate schedule,which is Schedule One of Appendix A, the Water and Wastewater Impact Fee rate schedule,which is Schedule Two of Appendix A,and the Correctional Facilities Impact Fee rate schedule,which is Schedule Four of Appendix A;providing for updates to definitions for compliance with the update studies and methodology;providing that impact fees are assessed using the rates in effect(1)when the building permit application is submitted,or(2) at the time of the issuance of a certificate of occupancy or certificate of completion for the development,whichever is less;correcting a date used for terms of deferrals; amending provisions related to the imposition of Water and Wastewater Impact Fees to comply with the study and methodology updates;and providing for an effective date of February 17,2015 for all rate categories that are decreasing and a delayed effective date of May 11,2015 for all rate categories that are increasing,in accordance with the 90-day notice requirements set forth in Section 163.31801(3)(d),Florida Statutes. 17.G. Staff recommends this item be continued to the February 24,2015 BCC Meeting. Pg. 1041 Recommendation to adopt an Ordinance amending Ordinance No.89-11,removing "Key Island"from the attached list of barrier islands to provide consistent enforcement of activities on Key Island. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383.