Loading...
Agenda 07/07/2015 Agenda Index AGENDA BCC REGULAR MEETING July 7 , 2015 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority "7 LA AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 07, 2015 9:00 AM Commissioner Tim Nance, District 5 - BCC Chair Commissioner Donna Fiala, District 1- BCC Vice - Chair; CRA Chair Commissioner Georgia Hiller, District 2 - Community & Economic Development Chair Commissioner Tom Henning, District 3 - PSCC Vice -Chair Commissioner Penny Taylor, District 4 - TDC Chair; CRA Vice -Chair NOTICE: All persons wishing to speak on Agenda items must register aLLa 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." 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 1.A. Rabbi Ammos Chorny - Beth Tikvah Synagogue Pg.1 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. June 9, 2015 - BCC /Regular Meeting Minutes 3. SERVICE AWARDS 3.A. RETIREES 3.A.1. Frank Millot, EMS -30 Years of Service Pg. 2 4. PROCLAMATIONS 4.A. Proclamation designating July 7, 2015 as Irving Berzon Day, retired Collier County Pg. 3 Engineer, for his contributions benefiting all citizens of Collier County through his farsighted and dedicated efforts. To be accepted by Irving Berzon. 4.B. Proclamation recognizing Yahl Mulching & Recycling, Inc. for their efforts in recycling Pg. 5 and reducing waste, as the recipient of Collier County Hazardous and Solid Waste Department's Waste Reduction Awards Program (WRAP) Award. To be accepted by John and Teresa Fillmore, owners of Yahl Mulching & Recycling, Inc. 5. PRESENTATIONS 5.A. Presentation of the Collier County Business of the Month for July 2015 to Stock Pg. 7 Development. To be accepted by Brian Stock, CEO, Stock Development; Keith Gelder, Director of Land Development, Stock Development; and John Cox, President and CEO, The Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS 6.A. Public Petition request from Mr. Peternal Francois requesting that the Board of Pg. 10 County Commissioners increase the penalties for taxi license violations. 7. PUBLIC COMMENTS ON GENERAL TOPICS 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9.A. This item to be heard at 9:45 a.m. Recommendation to deny (not adopt) the Pg. 15 Livingston /Pine Ridge Commercial Infill Subdistrict small -scale amendment to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL201400001282/CPSS- 2014 -2) [Companion to Petition PUDZ- PL20140001326] 9.13. This item to be heard following Item 9A. This item requires that ex parte disclosure be Pg. 35 provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an Ordinance amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility with associated repair services, up to 60,000 square feet of gross floor area, on property located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No. 94 -584, a conditional use for a retail nursery; and providing an effective date. [Petition PUDZ- PL201400013261 9.C. This item to be heard at 5:05 p.m. Recommendation to consider an Ordinance Pg. 93 Amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending Chapter 2 - Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new accessory use within the golf course zoning district; Chapter 4 - Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, to establish setback requirements for golf clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. 9.1). This item to be heard at 5:0512.m. Recommendation to consider an Ordinance Pg. 108 Amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.02 Definitions; Chapter Five - Supplemental Standards, including Section 5.05.05 Automobile Service Stations, more specifically to establish site design standards for facilities with fuel pumps; Section 5.05.08 Architectural and Site Design Standards; Section 5.05.11 Carwashes Abutting Residential Zoning Districts; Section Three, Conflict And Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. 9.E. Recommendation to consider (1) An Ordinance Amending Ordinance Number 04 -41, Pg. 141 as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemption From Requirements For Vegetation Protection And Preservation, Section 3.05.07 Preservation Standards, Section 3.05.08 Requirement For Removal of Prohibited Exotic Vegetation; Chapter Four - Site Design and Development Standards, including Section 4.02.04 Standards for Cluster Residential Design, Section 4.06.02 Buffer Requirements, 4.06.05 General Landscape Requirements, 4.08.07 SRA Designation; Chapter Five - Supplemental Standards Including Section 5.06.04 Development Standards for Signs in Nonresidential Districts; Chapter Ten - Application, Review, and Decision - Making Procedures, including Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, Section 10.02.06 Requirements for Permits, Section 10.02.07 Requirements for Certificates of Public Facility Adequacy, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Appendix A- Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, ^ Effective Date; (2) Providing direction to staff to update the land use procedures in the Administrative Code for Land Development; and (3) The list of proposed 2015 Land Development Code Amendments - Cycle 2. 9.F. This item to be heard at 13012.m. This item continued from the June 23 2015 BGG Pg. 231 Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Legacy Estates, (Application Number 20140001803) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Companion to Item 11D. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Recommendation that the Board of County Commissioners direct the County Pg. 417 Attorney to advertise a hearing to rescind Ordinance 2013 -70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. (Commissioner Henning) 10.B. Recommendation that the Board of County Commissioners recognizes Resolution Pg. 422 2007 -138 providing for the expansion of an existing conditional use for the Naples Bridge Club has conflicting provisions with PU -80 -4C (Resolution 80 -128) and that the Board finds that the original Provisional Use adopted in PU- 80 -4C, Attachment 1, Section 6, stating that any expansion shall only require site plan approval is the prevailing language. (Commissioner Henning) 10.C. This item to be heard following Item 11E. Recommendation for the Board of County Pg. 505 Commissioners to authorize the BCC Chairman to send a letter to Governor Rick Scott requesting reinstatement of funding for the Department of Economic Opportunity grant supporting the Collier County Business Accelerator program. (Commissioner Nance) 10.D. Recommendation to amend the Interlocal Agreement between the Board of County Pg. 509 Commissioners and the Clerk of the Circuit Court to promote accountability and transparency. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Pg. 578 Maximum Property Tax Rates to be levied in FY 2015/16 and Reaffirm the Advertised Public Hearing dates in September 2015 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) 11.B. Recommendation to award bid number 15 -6457 "Naples Manor Water Main Pg. 585 Replacement - Phase No. 2 and MPS 306 Force Main - Phase III," to Douglas N. Higgins, Inc., in the amount of $2,231,395 for Water and Wastewater improvements under Project Numbers 70044 and 71010. (George Yilmaz, Public Utilities Department Head) 11.C. Recommendation to award bid number 15 -4561, "Master Pump Station 306 Force Pg. 601 Main Phase II," to Bonness, Inc., for $1,107,858.57 under Force Main Technical Support Project Number 70044. (George Yilmaz, Public Utilities Department Head) 11.D. This item to be heard immediatejx followin „g Item 9F. Recommendation to approve a Pg. 611 standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of $4,440.30 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.0711.11iii. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. (Alexandra Sulecki, Principal Environmental Specialist) Companion to Item 9F. 11.E. This item to be heard at 11:00 a.m. Recommendation to continue operation of a Pg. 623 modified Soft Landing Business Accelerator Project in view of the eminent termination of the Grant Agreement with the State of Florida Department of Economic Opportunity and veto of the Legislature's request to extend funding for the Agreement into the State fiscal year 2016. (Bruce Register, Office of Business and Economic Development) 12. COUNTY ATTORNEY'S REPORT 12.A. This item to be heard immediately fallowing Item 9D. Recommendation to rescind Pg. 626 Resolution No. 14 -155, as amended, relating to the "Zoning in Progress" declaration which prohibited the issuance of Development Orders for automobile service stations abutting residential property. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.13. COMMUNITY REDEVELOPMENT AGENCY 14.13.1. Request that the Board of County Commissioners, acting as the Community Pg. 634 Redevelopment Agency Board, decides: (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, identify the proper percentage or amount of that fee or commission. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Current BCC Workshop Schedule. Pg. 731 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 DEPARTMENT 16.A.1. Recommendation to adopt a Resolution extending the Collier County Pg. 733 Architectural and Site Design Standards Ad Hoc Committee for 12 months. 16.A.2. Recommendation to approve and authorize the Chairman to sign a funding Pg. 739 assistance letter to the Congressional Delegation requesting the United States Army Corps of Engineers include funding for Gordon River Pass dredging in its next budget. 16.A.3. Recommendation to approve final acceptance of the water and sewer utility Pg. 743 facilities for Canwick Cove, PL20130000849, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. 16.A.4. Recommendation to accept an Access Improvement Agreement with Fifth Pg. 754 Third Bank to fulfill a condition of approval pursuant to Hearing Examiner Decision No. 2015 -09, concerning a new access point on Thomasson Lane in ^ the Sabal Bay MPUD, Ordinance No. 05 -59. 16.A.5. Recommendation to approve final acceptance of the water and sewer utility Pg. 775 facilities for Piacere and Pavia, PL20130002059. 16.A.6. Recommendation to approve final acceptance and unconditional conveyance Pg. 785 of the water and sewer utility facilities for Artesia, Phase 1A, PL20140001712. 16.A.7. Recommendation to approve final acceptance of the water and sewer utility Pg. 794 facilities for Artesia, Phase 1B, PL20140001714. 16.A.8. Recommendation to accept a Resolution Amending Exhibit "A" to Resolution Pg. 801 No. 2013 -239, the list of speed limits on County maintained roads; to bring various roadways into compliance with the allowable maximum speed limits as identified in F.S. § 316.189 and as required by Collier County Ordinance 91 -25 (Collier County Speed Limit Ordinance); for roadways located within the Lely Resort Community. 16.A.9. Recommendation to authorize the Clerk of Courts to release a Cash Bond in Pg. 836 the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.095, (PL20130001140) for work associated with Sandalwood Village. 16.A.10. Recommendation to authorize the Clerk of Courts to release a Performance Pg. 841 Bond in the amount of $493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20110002190) for work associated with Saturnia Falls Plat One (Riverstone). 16.A.11. Recommendation to accept an alternate security for that subdivision known Pg. 849 as Hatcher's Preserve, (Application Number AR- 11440) enter into a Construction and Maintenance Agreement with the new owner and terminate the existing Construction, Maintenance and Escrow Agreement. 16.A.12. Recommendation to grant final approval of the landscaping improvements Pg. 865 for the final plats of Reflection Lakes at Naples Phases 2C (AR -7523) Phase 2D (AR- 7524), Phase 2E (AR -7525) and Phase 2F (AR -7526) and authorizing the release of the maintenance securities. 16.A.13. Recommendation to award Bid #15 -6383 for Golden Gate City Various Pg. 890 Sidewalk Improvements to Coastal Concrete Products, LLC (Project #33363). 16.A.14. Recommendation to approve the release of a code enforcement lien with an Pg. 896 accrued value of $11,500 for payment of $450, in the code enforcement action entitled Board of County Commissioners v. C. Gary Wilcox and Sonja R. Wilcox, Code Enforcement Special Magistrate Case No. CEPM20140003896, relating to property located at 2118 44th Terrace SW, Collier County, Florida. 16.A.15. Recommendation to approve the release of a code enforcement lien with an Pg. 903 accrued value of $439,163.18 for payment of $5,000, in the code enforcement action entitled Board of County Commissioners v. Heriberto and Antonio Perez, Code Enforcement Board Case No. CESD20080000222, relating to property located at 5384 Carolina Avenue, Collier County, Florida. 16.A.16. Recommendation to approve the release of a code enforcement lien with an Pg. 912 accrued value of $148,112.29 for payment of $3,771.23, in the code enforcement action entitled Board of County Commissioners v. Peter V. Schryver, Code Enforcement Special Magistrate Case No. CESD20090011040, relating to property located at 4851 Catalina Drive, Collier County, Florida. 16.A.17. This item requires that ex parte disclosure be provided by Commission Pg. 919 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Artesia Naples, Phase 5, (Application Number PL20150000374) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.18. This item requires that ex parte disclosure be provided by Commission Pg. 935 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Artesia Naples, Phase 4, (Application Number PL20140002472) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.19. Recommendation to approve the selection committee rankings and Pg. 952 authorize staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15 -6452 "Modeling Services for Surface Water and Groundwater Management" for protected public water supply wellfields that utilize the Surficial and Intermediate Aquifers. 16.A.20. Recommendation to approve the waiver of an optional local public hearing Pg. 998 on a petition to correct the legal description of the Fiddler's Creek Community Development District 1 which was filed with the Florida Land and Water Adjudicatory Commission since the CDD is over 1000 acres. 16.A.21. Recommendation to accept a proposal from Atkins North America, Inc. Pg. 1036 dated June 19,201S for the development of a Comprehensive Watershed Improvement Project, approve a Work Order under Contract No. 13-6164 - SS for a not -to- exceed amount of $179,897, authorize the County Manager or his designee to execute the Work Order and authorize all necessary budget amendments. Project No. 51144.3 16.A.22. Recommendation to approve a Stipulated Final Judgment in the total Pg. 1058 amount of $17,500 for Parcel 138RDUE in the lawsuit styled Collier County v. Grover C. Woody, III, et al., Case No. 15 -CA -199. (Golden Gate Boulevard From East of Wilson Boulevard to 20th Street East, Project No. 60040.) Fiscal Impact: $17,500. 16.A.23. Recommendation to approve Change Order No.1 to Work Order /Purchase Pg. 1067 Order No. 4500157798 with Humiston & Moore Engineers for Collier County Beaches and Inlets Annual Monitoring for 2015 under Contract No. 13- 6164 -CZ, authorize the County Manager or his designee to execute the Change Order for a time extension of 138 days, and makes a finding that this item promotes tourism. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.13.1. Recommendation for the Community Redevelopment Agency (CRA) to Pg. 1073 approve a Commercial Building Improvement Grant Agreement between the CRA and Antone C. Mendes in the amount of $13,496 for property located at 2260 Tamiami Trail East and within the Bayshore Gateway Triangle area. 16.C. PUBLIC UTILITIES DEPARTMENT 16.C.1. Recommendation to approve a Resolution and Satisfactions of Lien for the Pg. 1088 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $61 to record the Satisfactions of Lien. 16.C.2. Recommendation to award ITB 15 -6449, "Maintenance Repair and Pg. 1099 Operations Parts and Equipment" to W. W. Grainger, Inc., as primary, and Sunshine Ace Hardware, Inc., as secondary for commodity based purchases that include maintenance repair and operations products of industrial equipment, maintenance supplies, tools, inventory items and work order repairs. 16.C.3. Recommendation to approve the Satisfaction for a certain Notice of Promise Pg. 1233 to Pay and Agreement to Extend Payment of Water and /or Sewer System Impact Fees. Fiscal impact is $18.50 to record the Satisfaction of Lien. 16.C.4. Recommendation to approve selection committee rankings and enter into Pg. 1239 negotiations for a contract for Request for Proposal No. 15 -6450, "Naples Park Infrastructure Improvements," Project Numbers 60139, 70043, 70044 and 71010, with Q. Grady Minor & Associates. 16.C.5. Recommendation to approve a licensing agreement with the District School Pg. 1285 Board of Collier County to allow the installation of a lightning prediction and warning system on the Pump Station 309 building located on the campus of East Naples Middle School. 16.C.6. Recommendation to approve Contract 14 -6345, "Construction, Engineering, Pg. 1291 and Inspection Services for the Wastewater Basin Program," Project Numbers 71010, 70043, 70044, 70046, 70050, and 70051, with three firms: AECOM Technical Services, Inc., Stantec Consulting Services, Inc., and Hole �-. Montes, Inc. 16.C.7. Recommendation to authorize a budget amendment in the amount of Pg. 1426 $93,000 transferring funds between cost centers and line items within the Collier County Water -Sewer District Operating Fund (408) to cover costs for unanticipated increases in bank fees and contractual services. 16.D. PUBLIC SERVICES DEPARTMENT 16.D.1. Recommendation to approve a no cost Modification No. 13 to a Disaster Pg. 1429 Recovery Initiative Grant Agreement for the Colorado Avenue Storm Water Project with the Florida Department of Economic Opportunity. 16.D.2. Recommendation to award Invitation to Bid No. 15 -6463 to Construct Pg. 1448 Company, Inc. in the amount of $225,800, for construction of the "Tigertail Beach Observation Tower," approve the necessary budget amendment, and make a finding that this expenditure promotes tourism. 16.D.3. Recommendation to approve an after- the -fact Amendment and Attestation Pg. 1573 Statement with Area Agency on Aging for Southwest Florida, Inc. for the Older Americans Act Program Title III programs and budget amendments to reflect an increase in grant funding (Net Fiscal Impact $16,309). 16.D.4. Recommendation to accept an extension of the expenditure deadline on Pg. 1614 Fiscal Year 2012/2013 grant allocations from the Florida Housing Finance Corporation to December 31, 2015 for the State Housing Initiatives Partnership (SHIP) program. 16.D.5. Recommendation to approve the FY15 Program of Projects and submittal of Pg. 1620 a grant application for the Federal Transit Administration, 49 USC § 5307 FY15 grant funds to support the Collier Area Transit system in the amount of $2,888,127, through the Transportation Electronic Award Management System. 16.D.6. Recommendation to approve an award for Invitation to Bid #15 -6437 Pg. 1634 "Vanderbilt Beach MSTU FPL Utility Conversion at Vanderbilt Beach Road, Installation and connection of new underground FPL network" to MasTec North America, Inc. in the amount of $574,606.25. 16.D.7. Recommendation to approve and authorize the Chairman to reinstate and Pg. 1646 sign an extension agreement with the Department of Housing and Urban Development (HUD) for the 2010 funded Shelter Plus Care (S +C) grant to provide supportive services to hard to serve persons with disabilities, approve the associated Sub recipient Agreement with CASL, Inc., approve budget amendments to recognize funding associated with this award, and authorize payment for outstanding payment to Collier County Housing Authority. 16.D.8. Recommendation to approve continuation of the Library Electronic Pg. 1696 Assistance Program through annual recurring funding by the Friends of the Library, Inc. and the necessary budget amendment 16.D.9. Recommendation to approve an agreement to accept U.S. Department of Pg. 1703 Housing and Urban Development rural capacity building technical assistance from the National Association for Latino Community Asset Builders. 16.D.10. Recommendation to award Bid No. 15 -6454, "Bus Shelters Repairs," to Pg. 1719 Florida Painters of Lee County, Inc. as the primary vendor and to Varian Construction as the secondary vendor. 16.D.11. Recommendation to approve and sign a Long Term Community Market Pg. 1795 Agreement with Joseph and Neomi Rakow, Market Manager of the Golden Gate Community Park Community Market with an effective date of July 7, 2015 through February 1, 2016. 16.D.12. Recommendation to approve the submittal of a Five -Year Sovereignty Pg. 1804 Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of lease processing fee of $630, and authorize the Chairman to sign the lease renewal. 16.D.13. Recommendation to approve a Right of Entry to the Southwest Florida Pg. 1829 Research and Education Center (SWFREC) University of Florida, Institute of Food and Agricultural Sciences (UF /IFAS) to install, maintain and monitor groundwater monitoring wells at the Pepper Ranch Preserve as part of the Lake Trafford Watershed Boundary Study. 16.D.14. Recommendation to approve and authorize the Chairman to execute Pg. 1838 Landlord Payment Agreements, between 12 landlord /entities and the Collier County Board of Commissioners allowing the County to administer the Rapid Re- Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant Program. 16.D.15. Recommendation to approve and execute a Standstill Agreement between Pg. 1845 Collier County and the United States Department of Agriculture (USDA) to allow the USDA to continue its operations at the County's Agriculture Extension Office at the current terms and conditions, until a new Lease Agreement can be submitted. 16.D.16. Recommendation to approve the recommendation to modify the Pg. 1859 endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.11 iii. a. and b. 16.E. ADMINISTRATIVE SERVICES DEPARTMENT 16.E.1. Recommendation to award a contract for Affordable Care Act Data Reporting Pg. 1863 Services to Health E(fx) and authorize the Chairman to sign the County Attorney approved agreement. 16.E.2. Recommendation to approve seven deletions to the 2015 Fiscal Year Pay and Pg. 1916 Classification Plan made from April 1, 2015 through June 30, 2015. 16.E.3. Recommendation to recognize and appropriate revenues generated through Pg. 1921 reimbursements to the EMS operating budget in the amount of $79,052. 16.E.4. Recommendation to approve the Collier County Water -Sewer District's Pg. 1924 completion of the remaining terms of the September 14, 2010 Agreement with 850 NWN, LLC, CG II, LLC and execution of Mutual Releases. 16.E.5. Recommendation to approve a Lease Agreement with North Collier Fire Pg. 1961 District for EMS Department use of Station 48 with no annual rent and shared utility expenses. 16.E.6. Recommendation to approve the sale and disposal of surplus property Pg. 1970 through an on -line auction in compliance with Florida Statues and Resolution 2013 -095. 16.E.7. Recommendation to recognize and appropriate revenue for Special Services Pg. 1978 to the Facilities Management Division Cost Center and approve the necessary Fiscal Year 2014 -2015 Budget Amendment. 16.E.8. Recommendation to affirm the staffs administrative award in October 2013 Pg. 1981 of Invitation to Bid 13 -6141 Water Treatment Services to US Water Service Corporation and award in accordance with the Board's Procurement Ordinance 2015 -37, Section 9 Formal Competitive Threshold. 16.E.9. Recommendation to accept and ratify reports for staff- approved change Pg. 2032 orders, changes to work orders, and surplus credit. 16.17. COUNTY MANAGER OPERATIONS 16.17.1. Recommendation to approve a Termination of Agreement for the Timber Pg. 2096 Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95 -62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. 16.17.2. Recommendation to approve Tourism Development Grant Application Pg. 2116 Agreements for FY 16 Category B ($35,000) and Category C -2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. 16.17.3. Recommendation to adopt a resolution approving amendments Pg. 2156 (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014 -15 Adopted Budget. 16.F.4. Recommendation to approve the First Amendment to the Agreement Pg. 2160 between the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners. 16.F.5. Recommendation to approve an agreement between Collier County and Pg. 2189 RETIS designating Collier County exclusive rights to host the RETIS FACE 9 Florida Executive Training Program in the fall of 2015, and providing funding in the amount of up to $12,000 for financial support in facilitating the event. 16.F.6. Recommendation that the Board of County Commissioners adopts a Pg. 2198 Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non -Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 16.F.7. Recommendation that the Board authorize the Chairman, as a member of the Pg. 2209 Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY 2015/2016 budget. 16.17.8. Recommendation to approve Amendment #1 to contract 15 -6433 Production Pg. 2223 of the Tourism Guide to Miles Media Group, LLLP, authorize the Chairman to execute the County Attorney approved amendment, and make a finding that this expenditure promotes tourism. 16.G. AIRPORT AUTHORITY 16.G.1. Recommendation that the Board of County Commissioners (BCC), acting as Pg. 2245 the Airport Authority, approve the attached Fifth Amendment to Assignment of Lease from Global Manufacturing Technologies, Inc. to KPK Management, Inc. 16.G.2. Recommendation that the Board of County Commissioners (BCC), acting as Pg. 2282 the Airport Authority, approves the attached First Amendment to the Collier County Airport Authority Standard Form Lease with the Florida Department of Military Affairs and Standard Form Lease with Tellus Florida, LLC. 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Request to advertise an ordinance amending Ordinance No. 2008 -47, as Pg. 2303 amended, relating to the Collier County Non - Consent Towing, Private Property Towing, Immobilization and Storage of Vehicles Ordinance, to be brought back at a subsequent meeting for adoption. (Commissioner Fiala) 16.H.2. Recommendation to appoint one member to the Affordable Housing Pg. 2370 Advisory Committee. 16.H.3. Recommendation to authorize the Collier County Black Affairs Advisory Pg. 2382 Board to hold the annual "Diabetes Awareness Day." 16.H.4. Recommendation to appoint a citizen member to the Value Adjustment Pg. 2384 Board. 16.I. MISCELLANEOUS CORRESPONDENCE 16.I.1. Miscellaneous Correspondence 16.J. OTHER CONSTITUTIONAL OFFICERS Pg. 2391 16.1.1. To provide to the Board of County Commissioners, the Clerk of the Circuit Pg. 2393 Court's Internal Audit Report 2015 -5 Fleet Management, issued on July 1, 2015. 16.1.2. Board declarations of expenditures serving a valid public purpose and Pg. 2434 approval of disbursements for the period of June 18 through June 24, 2015. 16.J.3. Board declaration of expenditures serving a valid public purpose and Pg. 2463 approval of disbursements for the period of June 25 through June 30, 2015. 16.x. COUNTY ATTORNEY 16.x.1. Recommendation to approve an Assumption Agreement substituting the law Pg. 2512 firm of Smolker, Bartlett, Loeb, Hinds & Sheppard P.A. for the law firm of Smolker, Bartlett, Schlosser, Loeb & Hinds, P.A., in the Retention Agreement dated April 24, 2007, as previously amended and assumed. 16.x.2. Recommendation to approve a Stipulated Final Judgment in the total amount Pg. 2536 of $11,000 for Parcel 153RDUE in the lawsuit styled Collier County v. GG1 Naples, LLC, et al., Case No. 15 -CA -329. (Golden Gate Boulevard from East of Wilson Boulevard to 20th Street East, Project No. 60040) Fiscal Impact: $11,170. 16.x.3. Recommendation that the Board of County Commissioners review and Pg. 2543 approve the proposed 2 -year extension to the Employment Agreement for Mark Strain, Hearing Examiner. 16.K.4. Recommendation to approve a Resolution granting Marlene Messam, as Pg. 2551 Project Manager, authority to make a binding commitment to the construction plans for the US 41/951 Intersection Improvement Project (Project No. 60116) for the purposes of trial and all pretrial motions in the case styled Collier County v. RTG, LLC, et al., Case No. 13 -CA -259. 16.x.5. Recommendation that the Board of County Commissioners, Ex- officio the Pg. 2555 Governing Board of the Collier County Water -Sewer District, direct the County Attorney to enforce the terms of the May 18, 2015, mediation and pursue any and all actions required to hold the required public hearing, together with the recovery of the County's legal fees and costs. 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 adopt an Ordinance amending Ordinance No. 2005 -54, which Pg. 2587 re- established two Municipal Benefit Units, known as Service District No.1 and Service District No. 2, for the purpose of providing and regulating solid waste collection, disposal and administration, to provide alignment with the Franchise Agreements as amended, new procedures, clarifications, and administrative changes. 17.B. Recommendation to consider amending Ordinance Number 2004 -41, as amended, Pg. 2649 the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending Ordinance No. 92 -15, as amended, which re- established Lely, A Resort Community Planned Unit Development (PUD), by reducing the maximum number of dwelling units from 10,150 to 8,946; by amending Section 2.06 entitled "Project Density" and Section 2.07 entitled "Permitted Variations of Dwelling Units "; by amending the market absorption schedule; by amending Section 3.02 entitled "Maximum Dwelling Units"; by amending Section V, C -2 Commercial /Professional to provide that the square footage limitation does not apply to residential dwelling units permitted as part of a mixed use project; and by amending Section VI, C -3 Commercial /Neighborhood to allow C -3 uses and all types of residential dwelling units as mixed use or stand alone for the C -3 parcel at the corner of Rattlesnake - Hammock Road and Grand Lely Drive; by adding Section XV, Deviations, from the Land Development Code to increase the number of signs and the size of signs; amending Exhibit H, the PUD Master Plan to move a C -3 parcel to the east of Lely Grand Drive and adjust acreages to decrease residential uses and increase commercial uses by 6± acres; and providing an effective date. The subject property consists of 2,892 acres located between U.S. 41 and Rattlesnake- Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida [PUDA- PL20140002040]. 17.C. This item requires that ex parte disclosure be provided by Commission members. Pg. 2691 Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008 -02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50 -foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on -site native vegetation retention requirement to be satisfied off -site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA- PL20140000867] 17.D. Recommendation to adopt an Ordinance amending Ordinance No. 2001 -55, as Pg. 2740 amended (the Advisory Board Ordinance), to eliminate the three year limitation on the duration of ad hoc committees. 17.E. This item has been continued from the June 23.2015 BCCMeeting and has been further Pg. 2747 continued indefinitely, Recommendation to execute the proposed Mediated Settlement Agreement and Integration Agreement, which integrates the Orange Tree Utility Company water and wastewater systems into the Collier County Water -Sewer District, to provide water and wastewater utilities to Orange Tree Utility customers pursuant to the May 28, 1991 Agreement, as amended, between Orange Tree Utility Company, Orangetree Associates and the Board of County Commissioners of Collier County; accept the Staff Report dated June 23, 2015 pursuant to Section 124.3401, Florida Statutes; approve existing Orange Tree Utility contracts and agreements with vendors and suppliers as those of Collier County; approve 9 Full Time Equivalent positions; approve a Resolution changing the District boundaries; and approve inclusion of the proposed budget in the FY16 Collier County Water -Sewer District budget. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.