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Recap 02/10/2015 R COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 01Iit L /II' 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 Dev. 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. Page 1 February 10, 2015 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 A. Dr. Hayes Wicker— First Baptist Church of Naples 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 B. January 13, 2015 - BCC/Regular Meeting Minutes Approved as presented — 5/0 3. SERVICE AWARDS Page 2 February 10, 2015 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation honoring the memory of Annie Wynn and recognizing her 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. Adopted — 5/0 B. Proclamation recognizing February 2015 as Senior Independence Month. To be 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. Adopted — 5/0 C. Proclamation congratulating the Coalition of Immokalee Workers, which was 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. Adopted — 5/0 5. PRESENTATIONS A. Recommendation to recognize Louise Pelletier, Manager-Senior Programs and Social Service, Public Services Division as Supervisor of the Year 2014. Presented B. Presentation of the Collier County Business of the Month for February 2015 to Adams 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. Presented 6. PUBLIC PETITIONS A. Public Petition request from Nell Hurley Efird, Jr. requesting a refund of the Page 3 February 10, 2015 fine portion paid to release the code enforcement lien against 541 100th Avenue North, Naples, FL. Motion to bring back at the February 24, 2015 BCC Meeting Approved — 5/0 B. Public Petition request from Kaydee Tuff regarding the farmer's market at the Golden Gate Community Center. Discussed 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 Item #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Board of County Commissioners recreates the Executive 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) Motion to continue to the February 24 BCC Meeting— Approved 5/0 Time Certain 10:00 a.m. (Per Agenda Change Sheet) B. Recommendation to approve a County matching contribution for completion of the Freedom Memorial located at Fred W. Coyle Freedom Park. (Commissioner Hiller) Motion to establish a public/private partnership and beginning October, 2014 any private donations made to the Freedom Memorial Fund be matched dollar-to-dollar by Collier County Government in an amount up to $600,000 and appropriating any necessary budget amendments to fund the initiative —Approved 5/0 Page 4 February 10, 2015 Moved from Item #16H5 (Per Agenda Change Sheet); Continued to the February 24, 2015 BCC Meeting (Per Commissioner Hiller during Agenda Changes) C. Recommendation to adopt a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact legislation that will restore the local School Board's control of educational standards, curriculum, and student assessments. Motion to continue to February 24, 2015 BCC Meeting— Approved 5/0 11. COUNTY MANAGER'S REPORT A. Recommendation to provide direction to the County Manager or his designee on the timing and funding for amending the Collier County Growth Management Plan (GMP). (Mike Bosi, Zoning Director) Motion to approve staffs recommendations— Approved 5/0 B. Recommendation to adopt a Resolution supporting a regional initiative aimed at implementing the Golden Gate Watershed Improvement Program (GGWIP). (Nick Casalanguida, Growth Management) Resolution 2015-32 Adopted - 5/0 C. Recommendation to approve a policy governing the painting and/or the repainting of Collier County maintained traffic signal and street light pole structures and request for direction from the Board of County Commissioners for a painting policy on new structure installations. (Jay Ahmad, Transportation Engineering Director) Motion to approve staffs recommendations and to keep the 2013 policy —Approved 5/0 D. This item to be heard at 2:00 p.m. Recommendation to provide direction regarding the operation of"Open Air Markets" within Collier County Parks and other properties. (Barry Williams, Parks and Recreation Director) Motion to continue operating the farmers market at the Golden Gate Community Center as they have been through the end of the permit, Allow the County Manager & County Attorney to come back with an ordinance and proposal for extending market to 52 weeks and work with Parks & Rec/MSTU to develop an appropriate agreement for open air markets—Approved 5/0; Motion to bring back recommendations for markets at other parks at a future meeting - Consensus Page 5 February 10, 2015 E. This item to be heard at 10:30 a.m. Recommendation to accept a status report regarding the staff review of prospective sites for the Southwest Florida Soccer Foundation Soccer Complex. (Amanda Townsend, Public Services Operations Support Director) Motion accepting staff's report and the BCC declare and remove from the list any land within the Orange Tree PUD, the Randall Curve, and the Fairground — Approved 5/0; Motion to review the list of properties at a workshop meeting in April with the Parks and Recreation Impact Review — Approved 5/0 F. Recommendation to approve a Memorandum of Agreement between the Collier 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) Approved — 5/0 Moved from Item #16D7 (Per Commissioner Henning during Agenda Changes) G. Recommendation to reaffirm the use of the previous awarded 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. Motion to go out to bid for maintenance/on-call repairs with waiver of irregularities —Approved 3/1 (Commissioner Fiala opposed and Commissioner Hiller absent) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 6 February 10, 2015 A. Commissioner Fiala — New flag for the Community of Goodland B. Commissioner Taylor— Procedures for proclamations should come from the Board —Approved 4/0 (Commissioner Hiller absent); Bayshore/Gateway Plan needs to be updated (12-18 months); Big Corkscrew Park Master Plan; Roles of the MSTU Advisory Boards C. Commissioner Nance— Future planning D. County Attorney— Entering into the record the petition for the market item —Approved 4/0 (Commissioner Hiller absent) E. Commissioner Fiala - Motion to Adjourn —Approved 4/0 (Commissioner Hiller absent) 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 DIVISION 1) Recommendation to approve final acceptance of the water and sewer utility 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. Final inspection by Engineering Services staff November 16, 2014 found the facilities satisfactory and acceptable 2) Recommendation to approve final acceptance of the water utility facility for 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. Final inspection by Engineering Services staff July 2, 2014 found the facilities satisfactory and acceptable 3) Recommendation to approve final acceptance of the privately owned utility facility for Naples Lake Country Club, PL20130000663, and authorize the County Manager, or his designee, to release a Utility Page 7 February 10, 2015 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. Associated work was accepted by staff April 28, 2013 and the developer has fulfilled commitments with respect to the security 4) Recommendation to approve an extension of five years for completion of subdivision improvements associated with Andalucia (AR-6156) pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code. The developer is requesting a retroactive extension from February 1, 2011 and extending to February 1, 2016 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation 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. W/stipulations 6) 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 Winding Cypress Unit Two, Application Number PL20140001878. To allow site preparation for future development 7) Recommendation to review the proposed zoning map changes and support documentation, and direct the Chairman to sign the official zoning maps. Comprised of 102 Zoning Map updates related to Land Use Petitions, BCC Approved Plats and Miscellaneous Changes 8) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 236RDUE) 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- Page 8 February 10, 2015 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). For Right-of-Way Easements on property at 3421 Golden Gate Boulevard E 9) Recommendation to award Invitation to Bid (ITB) #15-6370, Motorola Central Control Irrigation Supplies and Services to Contemporary Controls & Communications, Inc. For landscape improvements in State & County right-of ways and requesting the Board to waive Purchasing Ordinance Section 10E (Irregularities) after staff's determination that a purchase order for services would be adequate 10) Recommendation to review and approve the list of proposed projects to be submitted for the FY 2016 Big Cypress Basin Local Partnership Grants Program. Projects submitted for consideration include Wingsouth Airpark (LASIP), Goodlette-Frank Road IQ Water Main and Pelican Bay IQ Water Storage with the Basin Board making selections at their meeting in April, 2015 11) Recommendation to approve a quote from the Conservancy of Southwest 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. Aligning with FDEP and FWC permit monitoring requirements and timeframes for services that include 20 annual surveys for the Naples Beach Renourishment, Vanderbilt, Park Shore & Pelican Bay Beach Renourishment, Wiggins Pass Dredging, South Marco Beach Renourishment and Marco Central Beach Projects 12) Recommendation to adopt a Resolution establishing the Golden Gate Watershed Improvement Program Technical Advisory Ad-Hoc Committee for 12 months. Resolution 2015-25 Page 9 February 10, 2015 13) Recommendation to approve the release of a code enforcement lien with a 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. Surrounding fines and a lien for prohibited exotic vegetation on the property that was sold to JJF2 Trust on February 4, 2014 through a tax certificate and currently meets compliance B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION D. PUBLIC SERVICES DIVISION 1) Recommendation to authorize execution of the grant award for the Federal Transit Administration 49 U.S.C. § 5339 FY14 grant award in the amount of$365,428 and appropriate a budget amendment. For improvements to the CAT Facility at 8300 Radio Road and using $91,357 in FDOT authorized toll revenue credits for the soft match 2) Recommendation to approve a release acknowledging completion of the requirements set forth in the Agreement Authorizing an Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for the Somerset Palm Apartments. A 1997 agreement with CJ Communities, Inc. authorizing construction of 101 bonus units on the property with rental guidelines per terms in the agreement ending December 2014 3) Recommendation to accept a Federal Transit Administration Section 5310 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. Requiring a local match of$54,149 4) Recommendation to approve and authorize the Chairman to sign a satisfaction of mortgage due to the death of the property owner in accordance with the terms of the Promissory Note. Page 10 February 10, 2015 For a 2006 mortgage on property at 603 Breezewood, Immokalee 5) Recommendation to approve four Disaster Recovery Grant Signature Authority Forms for submittal to the Florida Department of Economic Opportunity. Updating DRI Grant #07DB-3V-09-21-01-Z01, #08DB-D3-09-21- 01-A03, #10DB-D4-09-21-01-K09 and #12DB-P5-09-21-01-K39 to provide information on the current Chief Elected Official 6) Recommendation to approve a Collier County Tourist Development Council 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. With plans approved by City Council and designs (pro-bono) by MHK Architecture the project will more than double the existing facility's capacity and is scheduled July— September, 2015 Moved to Item #11G (Per Commissioner Henning during Agenda Changes) 7) Recommendation to reaffirm the use of the previous awarded 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. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the first quarter of FY15. During FY15 first quarter there were 53 files closed 2) Recommendation to adopt a resolution authorizing the removal of 7,102 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 Page 11 February 10, 2015 Services) finding diligent efforts to collect have been exhausted and proved unsuccessful. Resolution 2015-26 3) Recommendation to approve a Lease Agreement with Interfaith Action of Southwest Florida, Inc. to utilize a location on a county- owned communications tower in Immokalee. For antenna space on a tower at 312 Stockade Road, Immokalee 4) Recommendation to approve a Memorandum of Understanding between Collier County and the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters Local 1826, International Association of Firefighters, Incorporated. Amending Wages & Incentives Article 20 in the current Collective Bargaining Agreement that runs through September, 2015 5) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. Covering the period December 17, 2015 to January 22, 2015 6) Recommendation to approve the submittal of a Volunteer Fire Assistance Grant Application in the amount of$2,100 to purchase Class A Foam for the Ochopee Fire Control District. (County Match: $1,050) 7) Recommendation to authorize the County Attorney to advertise an Ordinance creating the Fiddler's Creek Municipal Rescue and Fire Services MSTU and Amendment to the Isles of Capri Fire and Rescue Services MSTU to remove the Fiddler's Creek Area from within the MSTU. Clerical changes to the proposed ordinance to be advertised (Per Agenda Change Sheet) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve an assignment of impact fee credits in the 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. Assigning unused credits to a development within the same road impact fee district Page 12 February 10, 2015 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. Resolution 2015-27 . .. . . . • Continued to the February 24, 2015 BCC Meeting (Per Agenda Change Sheet) 3) Recommendation to approve a Lease Agreement with Kraft Office Center, LLC for dedicated office space to house the County's Soft Landing Business Accelerator program. Board motioned to continue to February 24, 2015 BCC Meeting Approved — 5/0 4) Recommendation to authorize the advertisement of an ordinance for future consideration which would amend Ordinance No. 2013-40, the "Collier County Administrator's Ordinance. 5) Recommendation to approve modifications to the 2015 Fiscal Year Classification Plan made to classification titles of Administrators and Directors. Pursuant to Board direction during the January 27, 2015 Meeting G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint a member to the Coastal Advisory Committee. Resolution 2015-28: Appointing City of Naples representative Thomas D. McCann to the term expiring May 22, 2019 2) Recommendation to reappoint a member to the Contractor's Licensing Board. Resolution 2015-29: Reappointing City of Naples representative Robert P. Meister, III (General Contractor Category) to the term expiring February 28, 2018 3) Recommendation to appoint four members to the Code Enforcement Board. Page 13 February 10, 2015 Resolution 2015-30: Reappointing Robert F. Kaufman and Gerald J. Lefebvre (Realtor Category),James E. Lavinski (Business Owner Category) and Appointing Ronald A. Kezeske (Business Category) to the term expiring February 14, 2018 4) Commissioner Fiala requests Board approval for reimbursement regarding 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. Held at the Hilton Naples, 5111 Tamiami Trail North Moved to Item #10C (Per Agenda Change Sheet) 5) Recommendation to adopt a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact legislation that will restore the local School Board's control of educational standards, curriculum, and student assessments. 6) Recommendation to declare the attendance by Commissioner(s) and staff at Florida Association of Counties Legislative Day Conference, March 25-27, 2015, to be a valid public purpose. 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. Used by officers and agency support personnel to attend criminal justice workshops, meetings, conferences and conventions 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of January 22, 2015 through January 28, 2015. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of January 29, 2015 through February 4, 2015. Page 14 February 10, 2015 K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to file a lawsuit on behalf 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. Damages occurring June, 2014 in the Forest Hills Boulevard area 2) Recommendation to approve retention of Joseph Roles and Associates, Inc., 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. For an Order of Taking Hearing scheduled in March, 2015 surrounding an eminent domain case (Parcel 251RDUE) 3) Recommendation to approve the hiring of Charles S. Stratton, P.A. to act as 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. With the Tallahassee law firm Broad and Cassel for mediation scheduled February 23, 2015 and also future mediation based on an agreed upon rate 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 Page 15 February 10, 2015 A. Recommendation to approve (adopt) the Henderson Creek Mixed Use Subdistrict/Mixed Use Activity Center (#18) Subdistrict small-scale amendment to Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to Florida Department of Economic Opportunity (Adoption Hearing) (PL20140000534/CPSS-2014-3) [Companion Petition PUDA-PL20140000477] This is a companion to Item #17B. Ordinance 2015-13 B. 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 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 PUDA-PL20140000477) This is a companion to Item #17A. Ordinance 2015-14 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 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. Resolution 2015-31 D. Recommendation that the Collier County Board of County Commissioners as the 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. Page 16 February 10, 2015 Ordinance 2015-15 E. Recommendation to adopt an Ordinance amending Conservation Collier 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. Ordinance 2015-16 F. Recommendation to adopt an ordinance amending Chapter 74 of the Collier County 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 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. Ordinance 2015-17 G. Staff recommends this item be continued to the February 24, 2015 BCC Meeting. 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. Page 17 February 10, 2015