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Backup Documents 04/09/2019 RecapPage 1 April 9, 2019 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 April 09, 2019 9:00 AM Commissioner William L. McDaniel, Jr., Dist. 5-Chair; CRAB Co-Chair Commissioner Burt Saunders, District 3 – Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Andy Solis, District 2 Commissioner Penny Taylor, District 4 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. REQUESTS TO PETITION 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 Page 2 April 9, 2019 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. Reverend Beverly Duncan of Naples United Church of Christ 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 (Commissioner Solis abstained from voting on Item #16A3 and #16D8); Motion to reconsider the short term rental item from the last meeting – Failed due to lack of supermajority (Commissioner Taylor and Commissioner Fiala opposed); Staff direction – Enforcement should be on a complaint driven basis. Code Enforcement to enforce for that limited scope; Reconsideration agenda item will be placed on the 04/23/19 agenda and if approved the item will be heard on the 05/14/19 Page 3 April 9, 2019 B. March 5, 2019 BCC/Future Land Use Workshop Minutes Approved as presented – 5/0 C. March 12, 2019 BCC Meeting Minutes Approved as presented – 5/0 Added D. Artist of the Month Hilda Champion - Artist of the Month 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating April 9, 2019 as JC Jackson Day in Collier County, in proud recognition of our homegrown football champion whose extraordinary talent exhibited during his rookie season with the New England Patriots contributed greatly to that team’s success and ultimate advancement as Super Bowl champions. To be accepted by JC Jackson alongside his parents, grandparents, other family members and friends. Adopted – 5/0 B. Proclamation designating April 13, 2019 as Try Transit Day by offering free rides in an effort to promote public transportation as an alternative means to commute. To be accepted by Steve Carnell, Michelle Arnold, Omar Deleon and other team members. Adopted – 5/0 C. Proclamation designating April 14 - 20 as National Public Safety Telecommunicators Week in Collier County, in grateful recognition of our 9-1-1 dispatchers. To be accepted by Sheriff Kevin Rambosk, Chief Greg Page 4 April 9, 2019 Smith, Director Bob Finney, Supervisor Sharon Gallo and several 9-1-1 dispatchers and support staff. Adopted – 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Greg Urbancic – Short term property rentals B. Jesse Purdon – Short term property rentals C. Cliff Donenfeld – Short term property rentals D. Rae Ann Burton – County growth 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item was continued from the March 26, 2019 BCC meeting. Recommendation to adopt a Resolution approving an amendment to the Collier County Community Redevelopment Plan. (This item is a companion to Item #14B1) The County Attorney to bring back recommendations and continue this item to the next BCC Meeting (04/23/19) – Approved 5/0 Moved from Item #17B (Per Agenda Change Sheet) B. Recommendation to approve An Ordinance amending Ordinance No. 97- 3, which rezoned the subject property to a Heavy Commercial (C-5) zoning district with conditions, in order to add motor freight transportation and warehousing (SIC code 4225, air-conditioned and mini-and self storage only) as a permitted use, and to increase the maximum building height for that use only, from the presently allowed maximum height of 28 feet to a zoned height of 35 feet and an actual height of 38 feet. The subject property is located on the north side of U.S. 41 East, approximately 1,000 feet east of Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 2.17± acres and by providing an effective date. [PL20180000125] Ordinance 2019-05 Adopted - 5/0 Page 5 April 9, 2019 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to accept the year-end report of the Senior Advisory Ad Hoc Committee (SAC), consider their recommendations, and allow the Ad Hoc Committee to sunset on April 18, 2019. (Chairman Charles D. Hartman) Motion to terminate committee and commitment from County Manager regarding a staff liaison for issues facing seniors – Approved 5/0 11. COUNTY MANAGER'S REPORT A. This item to be heard at 9:45 a.m. Recommendation to accept a report regarding North Collier Fire District’s intent to sell Station 40 located at 1441 Pine Ridge Road. (EMS Chief Tabatha Butcher) Motion to direct staff to acquire this property – Approved 5/0 B. Recommendation to approve a resolution that conceptually approves the issuance of a transfer of development rights (TDR) credit to private property owners located within the primary/secondary flowway of Collier County Comprehensive Watershed Improvement Project who will voluntarily encumber their land with a flowway easement/agreement to allow the flow of this re-hydration water across their property and to direct staff to include changes to the Growth Management Plan with the Rural Fringe Mixed Use restudy amendments to the Growth Management Plan. (Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division) Resolution 2019-63 Adopted - 5/0 C. Recommendation to approve an Agreement and award Request for Proposal (RFP) #18-7382, Collier Area Transit (CAT) Fixed Route, Demand Response Transit, and Transit Operations Management Services in the first year amount of $8,009,821 plus cost adjustments noted in the incorporated Cost Proposal Summary, to MV Transportation, Inc. and approve budget amendments in the amount of $609,000 to fund the increase in contract cost for the remainder of FY 2019. (Michelle Arnold, Division Director, Public Transit & Neighborhood Enhancement Division) Approved - 5/0 D. Recommendation to accept the Whippoorwill Lane and Marbella Lakes Page 6 April 9, 2019 Drive Interconnection Study and direct staff to pursue the interconnection of Whippoorwill Lane and Marbella Lakes Drive using the Concept Plan to initiate the design phase. (Project #60219) (Lorraine Lantz, Project Manager, Capital Project Planning, Impact Fees and Program Management) Motion to approve staff’s recommendations for the interconnection – Approved 5/0 Moved from Item #16A8 (Per Agenda Change Sheet) E. Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Approved - 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve and adopt the Airport Layout Plan (ALP) and associated Narrative Update for the Immokalee Regional Airport. Motion to accept and approve the improvement plan – Approved 5/0 B. COMMUNITY REDEVELOPMENT AGENCY 1) This item was continued from the March 26, 2019 BCC meeting. Recommendation that the Community Redevelopment Agency Board (CRAB) adopt a Resolution recommending to the Board of County Commissioners approval of an amendment to the Collier County Community Redevelopment Area Plan. (This item is a companion to Item #9A) The County Attorney to bring back recommendations and continue this item to the next BCC Meeting (04/23/19) – Approved 5/0 Page 7 April 9, 2019 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future Workshop Schedule B. Mr. Ochs – Facilities Master Plan Workshop on June 4 – Consensus C. Mr. Ochs – Received a letter from Mr. Morrison regarding the Golden Gate Golf Course Environmental Assessment D. Commissioner Taylor – Long Range Transportation Plan (40 Year) E. Commissioner Taylor – Rural Lands Growth Committee meeting F. Commissioner McDaniel – Mike Carr from the Republican Committee is requesting a Letter of support from the Board for change in the Statute with regard to Mental Illness and Intellectually Disabled defendants and add language to include “County Court” into the statute – Chairman to send letter of support - Consensus G. Commissioner McDaniel – Adjourned – 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/Changes – 5/0 (Commissioner Solis abstained from voting on Item #16A3 and #16D8) 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 minor final plat of Maple Ridge at Ave Maria, Phase 5B Replat, Application Number PL20180003541. 2) 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 amended final plat of Esplanade Golf and Country Club of Naples Phase 5, Parcels I, J, K1, K2, K3 and K4 (Application Number PL20180003694) approval of the standard form Construction and Maintenance Agreement and approval of the amount Page 8 April 9, 2019 of the performance security. Commissioner Solis abstained from voting (During Agenda Changes) 3) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Artesia Naples Phase 5, PL20160002023 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 was conducted on February 22, 2019 and found the facilities to be satisfactory 4) Recommendation to approve the Amended and Restated Property Transfer and Construction Agreement between the owner of TwinEagles South, Naples Associates IV, LLLP (Owner) and Collier County (County) to construct a lake to permanently accommodate the stormwater run-off from Immokalee Road and provide the necessary easements to the County for access. Parcels: #138, #838 and #538 5) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $68,477 which was posted as a guaranty for Excavation Permit Number PL20170004286 for work associated with White Lake Corporate Park Lot 1A. Located off of Collier Blvd on the north side of I-75 Continued to the April 23, 2019 BCC Meeting (Per Agenda Change Sheet) 6) Recommendation to approve the release of a code enforcement lien with a value of $394,130.86 for payment of $2,080.86 in the code enforcement actions entitled Board of County Commissioners v. Edelmiro and Bernadita Robles, Code Enforcement Board Case No. CESD20100009519 relating to property located at 4015 16th Ave SE, Collier County, Florida. Continued to the April 23, 2019 BCC Meeting (Per Agenda Change Sheet) 7) Recommendation to approve the release of two (2) code enforcement liens with a value of $338,616.50 for payment of $3,000 in the code enforcement actions entitled Board of County Commissioners v. Richard L. Gossard, Jr and Evonne M. Estep, Code Enforcement Special Magistrate Case No. CEPM2014024204 and Case No. Page 9 April 9, 2019 CEAU20160016271 relating to property located at 5310 Sholtz St, Collier County, Florida. Moved to Item #11E (Per Agenda Change Sheet) 8) Recommendation to hear Land Development Code Amendments at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. 9) Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Contract #19CO1 with the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Beach Management Funding Assistance Program for Dredging of Wiggins Pass, and make a finding that this item promotes tourism. Increasing the amount of funding available for reimbursement from $557,189 to $1,368,750 and adds Task 3 (Monitoring) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the document necessary to convey an easement to Florida Power & Light Company over property owned by the Collier County Water-Sewer District at 9622 Vanderbilt Drive, Naples, FL 34108. Folio #62831200004 2) Recommendation to adopt a Resolution and to approve a Lease Agreement with State Representative Ana Maria Rodriguez, District 105, for use of County-owned office space at the Golden Gate Customer Service Center in Golden Gate City. Resolution 2019-55 3) Recommendation to adopt a Resolution and approve a Lease Agreement with United States Senator Rick Scott for use of County- owned office space within the Administration Building at the Main Government Center. Resolution 2019-56 D. PUBLIC SERVICES DEPARTMENT Page 10 April 9, 2019 1) Recommendation to approve an “after-the-fact” amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc. (AAA), Home Care for the Elderly (HCE) grant program for the Collier County Services for Seniors (CCSS). (No Fiscal Impact) Changing language in Attachment I, Statement of Work-G regarding Time Limits 2) Recommendation to approve “after-the-fact” amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc., Older American Act grant program for the Collier County Services for Seniors. (No Fiscal Impact) Changing the language regarding the required Annual Service Cost Reports 3) Recommendation to authorize the Rotary Club of Naples-Collier, Inc., to use the Fred W. Coyle Freedom Park for its Honor Flag Fundraiser for 2019. This project supports the various charities of the Rotary Club. On the Saturday preceding Memorial Day, May 25, 2019, flags are placed in plastic sleeves inserted in the ground along the right- of-way, in front of Fred W. Coyle Freedom Park, extending west, along Golden Gate Parkway, to the area adjacent to the Freedom Memorial, where they remain until a Flag retirement ceremony, held at Freedom Park, on Flag Day, June 14, 2019 4) Recommendation to approve an “after-the-fact” first amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc. for the Emergency Home Energy Assistance grant for the Collier County Services for Seniors and to authorize FY18-19 Budget Amendment in the amount of $36,044. (Net Fiscal Impact $36,044) For Contract EHEAP 203.18.001 5) Recommendation to authorize the necessary Budget Amendment to recognize revenue for FY2019 received from the State Aid to Libraries Grant in the amount of $195,181. 6) Recommendation to approve an Agreement for Invitation to Bid (ITB) #19-7515 Vanderbilt Beach Irrigation to Stahlman-England Irrigation Inc., in the amount of $94,773, and authorize the Chairman to execute Page 11 April 9, 2019 the attached agreement. Upgrading irrigation on the west side of Vanderbilt Drive between Vanderbilt Beach Road and Bluebill Avenue Continued to the April 23, 2019 BCC Meeting (Per Agenda Change Sheet) 7) Recommendation to approve and authorize the Chairman to sign the First Amendment to the State Mandated Agreement with David Lawrence Mental Health Center, Inc. Commissioner Solis abstained from voting (During Agenda Changes) 8) Recommendation to approve and authorize the Chairman to sign the Third Amendment to agreements with LeeCorp Homes Inc. and Prestige Home Centers, Inc. for the administration of the State Housing Initiatives Partnership Demolition and/or Replacement of Manufactured Housing Program. As detailed in the Executive Summary 9) Recommendation to approve a Bureau of Justice Assistance, Medically Assisted Treatment Planning Initiative “after-the-fact” grant application to facilitate the development of a substance abuse medication assisted treatment model in the Collier County Jail and in community treatment settings. Funds in the amount of $15,730 over nine (9) months will be appropriated into the Human Services Grant Fund (707) 10) Recommendation to approve electronic submittal of an application and accept year two of the Retired and Senior Volunteer Program grant award in the amount of $54,522 for operation of the Retired and Senior Volunteer Program from the Corporation for National and Community Service and authorize necessary budget amendments. A local match of $8,367 will be provided by CHS and the remaining balance of $15,000 will be provided through in-kind services, primarily from the use of County Park rooms for the volunteer run Bone Builders and Tai Chi Program 11) Recommendation to recognize interest earned from the period October 2018 through December 2018 on advanced library funding received from the Florida Department of State to support library services and equipment for the use of Collier County residents in the amount of $2,430.25. Page 12 April 9, 2019 E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. The report includes one (1) change order that modifies a contract by $6,619.99, two (2) after-the-fact memos with a fiscal impact of $13,469.94 and zero amendments for this period F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. Resolution 2019-57 2) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. Budget Amendment #19-374 for purchase of additional medical equipment needed for the increased number of spay/neuter surgeries performed by DAS G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating April 2019 as Sarcoidosis Awareness Month in Collier County. The proclamation will be forwarded to Michael Patterson, a local advocate for improvements to the quality of life of persons living with Sarcoidosis. Adopted 2) Proclamation designating April 13, 2019 as Pinwheels at the Pier Day, in support of the efforts by the Children's Advocacy Center of Collier County to prevent child abuse and promote public awareness. This proclamation will be presented by Chairman McDaniel at the Pinwheels at the Pier event on April 13th on the beach at the Naples Pier. Page 13 April 9, 2019 Adopted I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to authorize execution of the budget amendment in the amount of $150,000 for 9-1-1 Backup Facility. For the Sheriff’s Office Substation (D-4) in the Estates 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of April 3, 2019. 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 March 14, 2019 and March 27, 2019 pursuant to Florida Statute 136.06. K. COUNTY ATTORNEY 1) Recommendation to appoint one alternate citizen member to the Value Adjustment Board. Resolution 2019-58: Appointing Jill F. Rosenfeld 2) Recommendation to reappoint two members to the Public Transit Advisory Committee. Resolution 2019-59: Re-appointing John DiMarco III and Arthur Dobberstein with terms expiring March 22, 2022 3) Recommendation to appoint four members to the Immokalee Local Redevelopment Advisory Board. Resolution 2019-60: Re-appointing Frank Nappo, Andrea Halman, Michael Facundo (to their respective seats) and Francisco Leon as the at-large business representative, all with terms expiring April 4, 2022 4) Recommendation to appoint two members to the Tourist Development Council. Page 14 April 9, 2019 Resolution 2019-61: Re-appointing Clark Hill and appointing Kathleen Brock as representative for Everglades City ------------------------------------------------------------------------------------------------------------ 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 w/change – 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- PL20180003286, to disclaim, renounce and vacate the County and the public interest in a portion of the 30-foot County Utility Easement as recorded in O.R. Book 1364, Page 1030 of the public records of Collier County, Florida, located on the northwest corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2019-62 Moved to Item #9B (Per Agenda Change Sheet) B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve An Ordinance amending Ordinance No. 97- 3, which rezoned the subject property to a Heavy Commercial (C-5) zoning district with conditions, in order to add motor freight transportation and warehousing (SIC code 4225, air-conditioned and mini-and self storage only) as a permitted use, and to increase the maximum building height for that use only, from the presently allowed maximum height of 28 feet to a zoned height of 35 feet and an actual height of 38 feet. The subject property is located on the north side of U.S. 41 East, approximately 1,000 feet east of Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 2.17± acres Page 15 April 9, 2019 and by providing an effective date. [PL20180000125] 18. ADJOURN – Consensus INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.