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Agenda 03/11/2014 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority '1 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 March 11, 2014 9:00 AM Commissioner Tom Henning, District 3 BCC Chair Commissioner Tim Nance, District 5 - BCC Vice - Chair; TDC Chair Commissioner Donna Fiala, District 1- CRAB Chair Commissioner Georgia Hiller, District 2 - Community & Economic Development Chair Commissioner Fred W. Coyle, District 4 - CRAB Vice -Chair NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC gz:ior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003 -53 as amended by ordinance 2004 -05 and 2007 -24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252 -8380; assisted listening devices for the hearing impaired are available in the Facilities Management Department. Lunch Recess scheduled for 12:00 Noon to 1:00 RM 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Pastor Michael Bannon - Crossroads Community Church of Naples Pg. 1 -1 2. AGENDA AND MINUTES 2.A. Approval of today's regular, consent and summary agenda as amended (ExParte Disclosure provided by Commission members for consent and summary agenda.) 2.B. February 11, 2014 - BCC /Regular Meeting 3. SERVICE AWARDS 4. PROCLAMATIONS 4.A. Proclamation recognizing March 13, 2014 as the Three Millionth Diaper Celebration Pg. 2 - 3 for Baby Basics of Collier County. To be accepted by Jean Ann Lynch, Founder and Board President and Esther Daniel Gonzalez, Volunteer. Sponsored by the Board of County Commissioners. 4.13. Proclamation designating March 15, 2014 as Save the Florida Panther Day in Collier Pg. 4 - 5 County. To be accepted by Tom Trotta, President and Amber Crooks, Secretary, Friends of the Florida Panther Refuge; and Kevin Godsea, Project Leader, Florida Panther National Wildlife Refuge. Sponsored by Commissioner Nance. 4.C. Proclamation to honor and celebrate Marco Island for being named the #1 island in Pg. 6 - 7 the USA and the #4 island in the world by TripAdvisor - TRAVELERS' CHOICE Best Islands 2014. To be accepted by Larry Sacher Councilman, City of Marco Island; Sandi Reidman, Marco Island Chamber of Commerce; Rick Medwedeff, General Manager, Marco Island Marriott; and Jack Wert, Executive Director of the Naples, Marco Island, Everglades Convention and Visitors Bureau. Sponsored by Commissioner Fiala. 4.D. Proclamation designating March 4-18,2014 as Comcast Public- Private Partnership Pg. 8 - 9 Weeks in Collier County in recognition of its technology program and donation assisting Collier County students. To be accepted by Justin Damiano, Government & Regulatory Affairs Comcast Cable and Joe Landon, Executive Director /Communications & Community Engagement, Collier County Public Schools. Sponsored by Commissioner Nance. 4.E. Proclamation designating March 13-23,2014 as the 38th Annual Collier County Fair Pg. 10 - 11 and 4 -H Show and Auction Days. To be accepted by Shannon Hubbell and Charles Brown of the Collier County Fair Board; Tish Roland, Trisha Aldridge and Marie Morris of the 4 -H Association of Collier County; and 4 -H youth participants. Sponsored by Commissioner Nance. 4.17. Proclamation designating March 2014 as Florida Bicycle Month in Collier County. To Pg. 12 - 13 be accepted by Patrick Ruff, Jane Cheffy, Karen Walters, Joe Bonness and Alan Ryker, Naples Pathways Coalition; Andy Robinson, Naples Velo Cycling Club; and Stacy Revay, Collier Transportation Planning Project Manager. Sponsored by Commissioner Hiller. n 4.G. Proclamation designating March 16-22,2014 as Sunshine Week in Collier County. To Pg.14 - 15 be accepted by Bob St. Cyr, Director of Community Outreach, Clerk of the Circuit Court, Collier County. Sponsored by Commissioner Henning. S. PRESENTATIONS 5.A. Presentation of the Collier County Business of the Month for March 2014 to Purely Pg.16 - 18 You Spa. To be accepted by Jennifer Alvarez, Owner and CEO. S.B. Presentation of check from the Farm City Barbeque proceeds to the following youth Pg.19 - 19 program recipients: Collier County 4H Association, Youth Leadership Colliell, Collier County Junior Deputy League and Collier County Key Clubs. To be presented by Sheriff Kevin Rambosk. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. n 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 9.A. This item has been continued from the February 11, 2014 BCC meeting: Pg. 20 - 48 Recommendation to consider approving the Bayshore /Thomasson Drive 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) (PL20120002382/CPSS- 2013 -1) [Companion to Petition PUDZA- PL20120002357, agenda item 9131 9.B. This item has been continued from the February 11, 2014 BCC meeting: This item Pg. 49 -141 requires that ex parte disclosure be provided by Commission members. Should a n 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 2005 -63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management /Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92 + /- acres; and by providing an effective date. (PUDZA- PL20120002357) [Companion to Petition PL20120002382 /CPSS- 2013 -1, agenda item 9A] 10. BOARD OF COUNTY COMMISSIONERS 10.A. Recommendation that the Board of County Commissioners direct the County Pg. 142 - 287 Attorney to advertise a hearing to rescind Ordinance 85 -02 and to return with a new Ordinance establishing a funding source to fund seawall repair and /or replacements community wide. (Commissioner Henning) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to accept the Conservation Collier ten year financial plan and Pg. 288 - 303 recommendations for the Conservation Collier Program and to provide direction regarding sunset of the Conservation Collier Land Acquisition Advisory Committee (CCLAAC). (Steve Carnell, Public Services Administrator) 11.B. Recommendation to approve Change Order #5 to Contract # 10 -5541 with Paradise Pg.304 - 323 Advertising and Marketing, Inc. for up to an additional $1.5 million in media and production billing at a negotiated gross rate of 10% agency commission and authorize the Chairman to execute the Change Order and make a finding that this expenditure promotes tourism. (Jack Wert, Tourism Director) 11.C. Recommendation to approve a contract with TKW Consulting Engineers, Inc., in an Pg. 324 - 417 amount not to exceed $1,429,676 under Request for Proposal No. 13 -6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project 73950. (Tom Chmelik, Planning and Project Management Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 13.A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Pg. 418 - 428 Financial Report for the fiscal year ended September 30, 2013 and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services. 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Current BCC Workshop Schedule. Pg. 429 - 430 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 16.A. GROWTH MANAGEMENT DIVISION 16.A.1. Recommendation to approve final acceptance of the water and sewer utility Pg. 431- 441 facilities for Cabreo at Mediterra, AR- 11356, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or the Developer's designated agent. 16.A.2. Recommendation to authorize the Clerk of Courts to release a Performance Pg. 442 - 449 Bond in the amount of $89,000 which was posted as a development guaranty for work associated with Maple Ridge at Ave Maria Phase 1 (PL20130000058). 16.A.3. This item requires that ex parte disclosure be provided by Commission Pg. 450 - 462 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 Carrara at Talis Park, (Application Number PL20140000139) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.4. Recommendation to grant final acceptance of the private roadway and Pg. 463 - 470 drainage improvements for the final plat of Heritage Bay Vistas Subdivision according to the plat thereof recorded in Plat Book 50, Pages 33 through 42, and authorizing the release of the maintenance security. 16.A.5. Recommendation to recognize carryforward in the amount of $6,878.73 to Pg. 471 - 500 the MPO Operating Fund (128) earned from the FY2012/13 Transportation �..� Disadvantaged Planning Grant awarded by the Commission of the Transportation Disadvantaged (CTD) and received by the Collier Metropolitan Planning Organization (MPO) and authorize all necessary budget amendments. 16.A.6. Recommendation to adopt a Resolution granting a design variance that Pg. 501 507 authorizes a speed limit increase from forty-five miles per hour (45 mph) to fifty miles per hour (50 mph) on Collier Boulevard from Davis Boulevard to US41. 16.A.7. Recommendation to approve the prioritization of five limerock roads for the Pg. 508 - 522 purpose of limerock road conversion, from the Road Maintenance Limerock Road Conversion Program (LRCP), Project 60128, in FY2014. 16.A.8. Recommendation to approve a proposal from Atkins North America, Inc. Pg. 523 - 533 dated February 24, 2014 to provide analysis of the effect of storm events and beach renourishment projects to the Collier County coastline from 2005 to present day under Contract 13 -6164, authorize budget amendment, authorize the County Manager or his designee to execute the work order for a not to exceed amount of $14,103 (Task 1 only), and make a finding that this expenditure promotes tourism. 16.A.9. Recommendation to award a construction contract to Quality Enterprises Pg. 534 - 586 n USA, Inc., for Request for Bid 08 -5011 Northern Golden Gate Estates Culvert Installation Project, Project No. 60127 in the amount of $538,724.75. 16.A.10. Recommendation to approve a permit to conduct the annual Harvest Fest Pg. 587 - 607 Carnival, on Friday, Saturday & Sunday March 28, 29 & 30, 2014 located at the Immokalee Airport, and to recommend waiver of the Surety Bond in the amount of $2,500 for the Harvest Fest Carnival. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.13.1. Recommendation that the Collier County Board of County Commissioners Pg. 608 - 727 (BCC), as the Community Redevelopment Agency (CRA), approve the submittal of the attached Disaster Recovery Initiative (DRI) grant application to the Collier County Department of Housing, Human & Veterans Services (HHVS), seeking grant funding in the amount of $450,000 to support further implementation of the Immokalee Stormwater Master Plan. 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to approve, execute and record Satisfaction of Notice of Pg. 728 - 731 Claim of Lien for Sanitary Sewer System Impact Fee. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve and authorize the Chairman to execute the Agreement to Furnish Food Service between Collier County and the District School Board to sponsor and operate the 2014 Summer Food Service Program (SFSP) at designated recreation camps with unitized meals provided by the School Board and authorize all necessary budget amendments. (Fiscal Impact $117,917) 16.D.2. Recommendation to approve a Substantial Amendment to the Community Development Block Grant FY2013 -2014 Action Plan and a Subrecipient Agreement in the amount of $321,138 with Community Assisted and Supportive Living, Inc. (CASL) to acquire multi- family housing for persons with disabilities. 16.D.3. Recommendation to approve Amendment No. 2 to a memorandum of understanding between Housing, Human and Veteran Services and the Parks and Recreation Department; providing a time extension from March 1, 2014 to May 1, 2014 and incorporate program income requirements for the construction of the Immokalee South Park Community Center. Pg. 732 - 736 Pg. 737 - 775 Pg. 776 - 782 16.D.4. Recommendation to approve Amendment No. 2 to the Subrecipient Pg. 783 - 787 Agreement with Catholic Charities of Collier County, Diocese of Venice, Inc., providing a time extension from March 11, 2014 to August 31, 2014 for the FY12 Emergency Solutions Grant. 16.D.5. Recommendation to approve the sale of North Collier Regional Park Pg. 788 - 791 concessions inventory to the Board approved concessionaire NASA Holdings of Miami, Inc. and donate any remaining unpurchased inventory to a not for profit. 16.D.6. Recommendation to approve a Victims Advocacy Organization grant Pg. 792 - 851 application for the FY14 Adult Drug Court Discretionary Grant Program in the amout of $199,018.01 over two years from the U.S. Department of Justice, Bureau of Justice Assistance, and additional County grant management and fiscal agent support for the program and authorize staff to submit the application electronically. 16.D.7. Recommendation to approve Amendment 4 to the Developer Agreement Pg. 852 - 886 with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 (NSP3), to reflect HUD NSP closeout guidelines. 16.D.8. Recommendation to approve an agreement in the amount of $250,000 with Pg. 867 - 880 the Agency for Health Care Administration (AHCA) and an agreement with Naples Community Hospital, Inc. (NCH) to participate in the Medicaid Low Income Pool Program, generating $21,250 in Federal matching funds that will provide additional health services for the citizens of Collier County. 16.D.9. Recommendation to approve an after- the -fact submission of a Letter of Pg. 881- 906 Intent to the Florida Department of Veterans' Affairs, indicating Collier County's intention to submit a Site Selection Criteria application to be considered the location for the State's planned seventh State Veterans' Home. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.13.1. Recommendation to extend contract 09 -5260 for janitorial services to ABM Pg. 907 - 911 Janitorial Services - Southwest, LLC (ABM), through August 31, 2014 or until the Board awards a new contract (whichever is sooner); and, approve the necessary budget amendments for processing payments which support the protest. 16.E.2. Recommendation to accept reports and ratify staff - approved change orders Pg. 912 - 928 and changes to work orders. 16.13.3. Recommendation to approve the practice of providing an estimated project Pg. 929 - 936 budget range in the construction project solicitation posting; and, whenever possible, to provide the average historical spend information on goods and services. 16.E.4. Recommendation to award Bid #13 -60598 "Parts for Fleet Vehicles" to Uni- Pg. 936 - 995 Select as the primary vendor with Sunbelt Automotive and The Parts House as secondary. 16.E.5. Recommendation to authorize the Chairman to sign a "Recommendation for Pg. 996 - Reappointment" of Dr. Marta U. Coburn as the District 20 Medical Examiner. 1005 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to approve Amendment #1 to Contract #13 -6080 with Jack Pg. 1006 - Rabbit Systems, Inc. to provide enhanced Book Direct consumer services by 1017 adding five new booking options, authorize the Chairman to execute the Amendment, and make a finding that this expenditure promotes tourism. 16.F.2. Recommendation to adopt a resolution approving amendments Pg. 1018 - (appropriating grants, donations, contributions or insurance proceeds) to 1021 the Fiscal Year 2013 -14 Adopted Budget. 16.17.3. Recommendation to approve Tourist Development Council (TDC) Grant Pg. 1022 - Appiication Forms for Category Band C -2 Grant Funding for FY 15 (October 1, 1048 2014 -September 30, 2015), authorize the Tourism Director to work with a selection committee to review the grant applications prior to presentation to the TDC and make a finding that this item promotes tourism. 16.17.4. Recommendation to approve a report covering a budget amendment Pg. 1049 - impacting reserves and moving funds in an amount up to and including 1051 $20,000. /-**., 16.G. AIRPORT AUTHORITY 16.G.1. Recommendation to authorize the Chairman to execute the attached Resolution authorizing signature of joint Participation Agreement (JPA) No. AR865 with the Florida Department of Transportation to accept an airport planning JPA offer in the amount of $44,000 to amend the Marco Shores Planned Unit Development (PUD) project 33316, and to authorize associated budget amendments. 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Appointment of member to the Ochopee Fire Control District Advisory Committee. 16.H.2. Appointment of member to the Historical /Archaeological Preservation Board. Pg. 1052 - 1096 Pg. 1097- 1101 Pg. 1102 - 1112 16.H.3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1113 - attendance at a function serving a Valid Public Purpose. Attended the Naples 1115 Press Club Luncheon on February 27, 2014. The sum of $25 to be paid from Commissioner Fiala's travel budget 16.I. MISCELLANEOUS CORRESPONDENCE 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. To obtain Board approval for disbursements for the period of February 20, Pg. 1116 - 2014 through February 26, 2014 and for submission into the official records 1129 of the Board. 16.J.2. To obtain Board approval for disbursements for the period of February 27, Pg. 1130 - 2014 through March 5, 2014 and for submission into the official records of 1146 the Board. 16.J.3. Recommendation to provide acceptance of the Sheriffs Office awarded Pg. 1147 - FY2013 COPS Hiring Program grant 1158 16.K. COUNTY ATTORNEY 16.x.1. Recommendation to waive competition pursuant to Section Eleven B 5 of the Pg. 1159 - Purchasing Ordinance and approve an expenditure of $7,000.00 for 1162 mediation services for the firm Gaylord, Merlin, Ludovici and Diaz to settle pending eminent domain litigation. (Project Nos. 60171 and 51101) 16.1,L2. Recommendation to approve a Final Judgment for Parcel Nos. 135RDUE and Pg. 1163 - 135SE in the amount of $71,100 in the lawsuit styled Collier County v. Kaye 1173 Homes, Inc., et al., Case No. 10- 2680 -CA for the Collier Boulevard road improvement project (Project No. 68056) (Fiscal Impact $27,670) 16.8.3. Recommendation that the Board of County Commissioners rescinds its Pg. 1174 - direction that the County Attorney work with the Clerk to obtain an Attorney 1177 General Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following: (1) That the La Peninsula Condominium Association pays the County in advance for the estimated costs to be incurred; (2) That these funds be held in Trust for La Peninsula Condominium Association in a separate fund and not be considered public moneys; (3) That until there is a judicial decision on the bond validation proceeding, all expenditures in connection with this MSBU be made out of these private funds; (4) That if additional moneys are needed, they come from the same source and be deposited in the same account; and (5) That if, and only if, there is a judicial decision arising out of a bond validation proceeding which upholds the legality of the ordinance and the financing, then at that point the moneys previously paid could be reimbursed to the Condominium Association as part of the financing. 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. This item requires that ex pane disclosure be provided by Commission members. Pg.1178 - Should a hearing be held on this item, all participants are required to be sworn in. 1231 Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida 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 a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project known as Temple Citrus Grove RPUD to allow development of up to 512 single family dwelling units and /or two- family and duplex dwelling units on property located between Airport- Pulling Road and Livingston Road in Sections 1 and 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 132.68 + /- acres; and by providing an effective date. (PUDZ- PL201200027791 17.B. This item requires that ex parte disclosure be provided by Commission members. Pg.1232 - Should a hearing be held on this item, all participants are required to be sworn in. 1271 Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida 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 a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. The subject property is located on The Lord's Way on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County, Florida consisting of 30f acres; and by providing an effective date. (PUDZ- PL20130000 82 7) 17.C. This item requires that ex parte disclosure be provided by Commission members. Pg. 1272 - Should a hearing be held on this item, all participants are required to be sworn in. 1292 Recommendation to approve Petition VAC- PL20130002229, to disclaim, renounce and vacate the County and the public interest in a portion of the 40 -foot drainage easement located in Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to replace the vacated drainage easement. 17.D. Recommendation to adopt an Ordinance to be known as the Natural Gas Franchise Pg.1293 - Ordinance. 1300 17.E. Recommendation to adopt an amendment to Ordinance No. 1975 -16, as amended, Pg. 1301- relating to the placement and presentation of matters on the official agenda. 1307 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.