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Agenda 07/08/2014 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority ; AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 08, 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 NOTJCE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003 -53 as amended by ordinance 2004 -05 and 2007 -24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252 -8380; assisted listening devices for the hearing impaired are available in the Facilities Management Department. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Reverend Sheila Zellers - Motivated By Love Ministries ®, Inc. Pg. 1- 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 10, 2014 - BCC /Regular Meeting 3. SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 20 Year Attendees 3.A.l.a. John Plummer Jr. - EMS Pg. 2 - 2 3.A.2. 25 Year Attendees 3.A.2.a. Joe Delate - Transportation Engineering Pg. 3 - 3 3.A.2.b. Heather Sweet - Utility Billing and Customer Service Pg. 4 - 4 3.B. RETIREES 3.13.1. Winona Stone - 15 years -Administrative Services Pg. 5 - 5 3.13.2. Kady Arnold - 18 years - Communications and Customer Relations Pg. 6 - 6 4. PROCLAMATIONS 4.A. Proclamation designating July 12, 2014 as Queens All Star Little League Day. To be Pg. 7 - 8 accepted by Julia Alessi, Lydia E. Cartwright, Victoria M. Choinski, jazlyn Curry, Olivia Eckelman, Kaylea Evans, Brooke Hackim, Delaney Heidel, Sara Leon, Ashlee Lykins, Macie E. MacDonald, Bianca Palacios, and Emily Wright. Sponsored by Commissioner Henning. 4.B. Proclamation recognizing the Collier Mosquito Control District for earning the Waste Pg. 9 - 10 Reduction Awards Program (the WRAP award). To be accepted by Jim Stark, Executive Director of Collier Mosquito Control District. Sponsored by the Board of County Commissioners. 4.C. Proclamation to declare August 9, 2014 as Victor Bucket and Pappy Wagner Day. To Pg. 11- 12 be accepted by Victor Bucket, US Navy Veteran and USS Indianapolis survivor and Harold ' Pappy' Wagner, US Marine Veteran. Sponsored by the Board of County Commissioners. S. PRESENTATIONS S.A. Recommendation to recognize Connie Deane, Public Information Coordinator, Pg. 13 - 15 Growth Management Division, as the Employee of the Month for June 2014. 6. PUBLIC PETITIONS 6.A. Public Petition request from Caitlin Weber representing the Conservancy of Pg. 16 - 21 Southwest Florida, regarding the Collier County Petition for a Formal Administrative Hearing challenging the Consent Order between the Florida Department of Environmental Protection (FDEP) and the Dan A. Hughes Company. The Conservancy would like to discuss groundwater monitoring efforts and present updated information. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 9.A. Recommendation to consider an Ordinance amending Ordinance number 04 -41, as Pg. 22 - 103 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 One - General Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards; Chapter Four - Site Design and Development Standards, including Section 4.01.02 Kitchens in Dwelling Units, Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, Section 4.06.02 Buffer Requirements; Chapter Five - Supplemental Standards, including Section 5.03.02 Fences and Walls, Excluding Sound Walls, Section 5.03.03 Guesthouses, Section 5.03.05 Caretaker Residences, 5.04.04 Model Home and Model Sales Centers, Section 5.04.05 Temporary Events, Section 5.06.00 Sign Regulations and Standards by Land Use Classification, Section 5.06.02 Development Standards for Signs Within Residential Districts, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations, Section 5.06.06 Prohibited Signs, Section 5.06.09 Nonconforming Signs; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine - Variations from Code Requirements, including Section 9.03.03 Types of Nonconformities; Chapter Ten - Application, Review, and Decision - Making Procedures, including Section 10.02.08 Requirements for Amendments to the Official Zoning Atlas, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Required Methods of Providing Public Notice, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Adoption of Amendments to the Collier County Zoning Atlas, more specifically amending the following: Zoning Map number 05025 to rezone various properties located on the north side of Davis Boulevard (SR- 84) from Airport - Pulling Road (CR -31) west to the Naples city limit, from C -4 General Commercial and C -5 Heavy Commercial to C- 4- GTMUD -MXD and C -5- GTMUD -MXD (Gateway Triangle Mixed Use Overlay District - Mixed Use Subdistrict); Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT 11.A. This item has been continued from the lune 24,2014 BCC meeting to the luly 8. 2014 Pg, 104 - 126 BCC meeting, Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Michelle Arnold, Alternative Transportation Modes Director) 11.13. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Pg. 127 - 133 Maximum Property Tax Rates to be levied in FY 2014/15 and Reaffirm the Advertised Public Hearing dates in September 2014 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) 11.C. Recommendation to approve an Agreement for Sale and Purchase with Asset Pg. 134 - 346 Recovery XVIII, LLC, for the purchase of property to accommodate the future Wilson /Benefield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. (Fiscal Impact $5,542,000) (Nick Casalanguida, Growth Management Administrator) 11.D. Recommendation to approve and execute a Purchase Agreement in the amount of Pg. 343 - 358 $3,337,500 with Kiropa Island, LLC for the purchase of 1.84 improved acres on Enterprise Avenue for the Supervisor of Elections, and approve a $17,740 budget amendment. (Len Price, Administrative Services Administrator). 11.E. Recommendation to award Bid No. 14 -6269, "Collier County Northeast Recycling Pg. 359 - 373 Drop -off Center," to Cleveland Construction in the amount of $5,156,769.21; and, authorize a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery," to Project 59009, "Northeast Recycling Drop -off Center." (George Yilmaz, Public Utilities Division Administrator) 11.17. Recommendation to award bid number 14 -6270, South Reverse Osmosis Wellfield Pg. 374 - 395 Medium Voltage Cable Replacement, to Quality Enterprises USA, Inc., in the amount of $1,694,999; approve a Work Order in the amount of $306,826 to CDM Smith, Inc., for construction services; and, authorize a budget amendment in the amount of $1,400,000 for the Well /Plant Power Systems Project 70069. (George Yilmaz, Public Utilities Division Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Proposed Future Workshop Schedule Pg. 396 - 397 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 an extension of two years for completion of Site Pg. 398 - 405 Development Plan (SDP) improvements associated with Tenchitas Convenience Store (SDP AR- 14305) pursuant to Section 10.02.03 H of the Collier County Land Development Code. 16.A.2. This item requires that ex parte disclosure be provided by Commission Pg. 406 - 416 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 Sienna Reserve, (Application Number PL20130002033) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.3. This item requires that ex parte disclosure be provided by Commission Pg. 417 - 421 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 Morningside Reserve, Application Number PL20140000249. 16.A.4. 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 Mussorie Village at Fiddler's Creek, (Application Number PL20140000591) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.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 Raffia Preserve - Phase 3, (Application Number PL20140000592) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.6. This item requires that ex parte disclosure be provided by Commission 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 Palazzo at Naples, (Application Number 20130002119) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Pg. 422 - 432 Pg. 433 - 449 Pg. 450 - 465 16.A.7. This item requires that ex parte disclosure be provided by Commission Pg. 466 - 476 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 Landings at Bears Paw, (Application Number PL20120002819) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.8. Recommendation to approve final acceptance of the private roadway and Pg. 477 - 489 drainage improvements for the final plat of Biscayne Bay at Heritage Bay Unit Four (AR- 10129) and authorize the acceptance of the plat dedications and release of the maintenance security in the amount of $157,902.16. 16.A.9. 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 Riverstone - Plat Seven, (Application Number PL20140000666) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.10. 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 Oyster Harbor at Fiddler's Creek Phase 1, (Application Number PL20130002036) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.11. Recommendation to approve a release of lien with an accrued value of $122,481.43 for payment of $3,081.43, in the code enforcement action entitled Board of County Commissioners v. Melba Garcia, Code Enforcement Board Case No. CESD20090014480, relating to property located at 4280 6th Avenue NE, Collier County, Florida. 16.A.12. Recommendation to approve a release of lien with an accrued value of $17,312.29 for payment of $562.29, in the code enforcement action entitled Board of County Commissioners v. ABFC 2006 -HE1 Trust, Code Enforcement Special Magistrate Case No. CESD20100007028, relating to property located at 3577 Randall Boulevard, Collier County, Florida. Pg. 490 - 499 Pg. 500 - 515 Pg. 516 - 521 Pg. 522 - 528 16.A.13. Recommendation to approve a release of a code enforcement lien with an Pg. 529 - 535 accrued value of $235,580.86, for payment of $3,580.86, in the code enforcement action entitled Board of County Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement Board Case No. CESD20110007245, relating to property located at 4530 20th SL NE, Collier County, Florida. 16.A.14. Recommendation to approve the release of a code enforcement lien with an Pg. 536 - 542 accrued value of $179,681.43 for payment of $17,681.43, in the code enforcement action entitled Board of County Commissioners v. Julio C. Rodriguez, Code Enforcement Board Case No. CESD20110006525, relating to property located at 2620 22nd Avenue NE, Collier County, Florida. 16.A.15. Recommendation to approve a release of a code enforcement lien with an Pg. 543 - 558 accrued value of $177,830.57 for payment of $530.57, in the code enforcement action entitled Board of County Commissioners v. Edgar Perez, Code Enforcement Board Case No. CESD20090010573, relating to property located at 3445 56th Avenue NE, Collier County, Florida. 16.A.16. Recommendation to approve the release of a code enforcement lien (and Pg. 559 - 568 amended lien) with an accrued value of $23,967.96, for payment of $1,168.90, in the code enforcement action entitled Board of County Commissioners v. Jerry Currie and Susan Currie, Special Magistrate Case No. CEPM20090008987, relating to property located at 1797 54th St. SW., Collier County, Florida. 16.A.17. Recommendation to approve seven releases of code enforcement liens with Pg. 569 - 603 a combined accrued value of $138,238.19 for payment of $4,188.19, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. 16.A.18. Recommendation to approve the release of two code enforcement liens with Pg. 604 - 614 a combined accrued value of $392,298.99 for payment of $9,904, in the code enforcement actions entitled Board of County Commissioners v. Linda Haines and William Haines, Special Magistrate Case Nos. 2007 - 080938 and CEPM20120007772, relating to the property located at 3087 Lunar Street (a /k /a 3077 Lunar Street), Collier County, Florida. 16.A.19. Recommendation to approve an easement agreement for the acquisition of Pg. 615 - 629 Parcel 102TCE, a temporary construction easement required for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. (Project No. 60123.) Estimated Fiscal Impact: $1,180. 16.A.20. Recommendation to approve an easement agreement for the purchase of a Pg. 630 - 702 Road Right -of -Way, Drainage and Utility Easement (Parcel 211RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $3,500) 16.A.21. Recommendation to approve an easement agreement for the purchase of a Pg. 703 - 716 road right -of -way, drainage and utility easement (Parcel 258RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. (Project No. 60040.) Estimated Fiscal Impact: $2,527. 16.A.22. Recommendation to approve the award of contracts 14 -6190 Golden Gate City Stormwater Drainage Improvement Project Design to Agnoli, Barber and Brundage, Inc., CH2M Hill Engineers, Inc., Johnson Engineering Inc., and RWA, Inc., for professional design and related services and authorize the Chairman to execute the contracts. 16.A.23. Recommendation to declare a valid public emergency, waive the threshold amounts established for a "Continuing Contract" in accordance with the limited exception under the Consultants' Competitive Negotiation Act, Florida Statutes § 287.055(3)(a) and approve a Work Order under Professional Services Contract Number 13 -6164 to complete the design with modifications as described herein and add additional design services for maintenance of traffic for the, Design & Related Services for Replacement of Bridge Number 034020 on White Boulevard over Cypress Canal project. (Project Number 66066). Pg. 717 - 886 Pg. 887 -909 16.A.24. Recommendation to award ITB #14 -6234 for the Traffic Signal Upgrade at Pg. 910 - 914 the intersection of Pine Ridge Road at Pine Ridge Middle School to Highway Safety Devices, Inc., in the amount of $257,457 for Project #60172. 16.A.25. Recommendation to authorize an additional vehicle purchase in the Growth Pg. 915 - 917 Management Division, Road and Bridge Maintenance Department as part of the County's asset management efforts and approve necessary Budget Amendment (Estimated fiscal impact $30,000). 16.A.26. Recommendation to approve a Landscape Maintenance Agreement with the Pg. 918 - 931 Kings Lake Homeowners Association which authorizes the County to purchase vegetation to be planted by the County along the Kings Lake property line that abuts the Road Maintenance facility located at 4800 Davis Boulevard. (Estimated fiscal impact $5,502.50). 16.A.27. Recommendation to approve Amendment No. A01 to Agreement 4600002912 between Collier County and the South Florida Water Management District, modifying the timeline for the construction of the 28th Ave SE Bridge. (Project 60123) 16.A.28. Recommendation to approve selection committee rankings and authorize staff to enter into contract negotiations with VIBEngineering Inc. for design of a comprehensive traffic system engineering management plan (Request for Proposal No. 14 -6246 for the FDOT local area project, Network Study and Analysis, FM No. 430868- 1- 18 -01). Pg. 932 - 941 Pg. 942 - 950 16.A.29. Recommendation to adopt a Resolution extending the Collier County Pg. 951- 956 Architectural and Site Design Standards Ad Hoc Committee for 12 months. 16.A.30. Recommendation to approve a Developer Agreement between Hacienda Pg. 957 - 979 Lakes of Naples LLC (Developer) and Collier County (County) to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard from two to four lanes, in a manner consistent with the Development Order Resolution 2011 -201. 16.A.31. Recommendation to recognize the commitment of the prepayment of road Pg. 980 - 999 impact fees in the Agreement by and between Gateway Shoppes II, LLC, Wal- Mart Stores East, L.P., and WCI Communities, Inc. and The Board of County Commissioners of Collier County, Florida as recorded in O.R. Book 3859, Page 3211 and to issue a Certificate of Public Facility Adequacy (COA) in perpetuity for the outparcels remaining to be completed in the development. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to adopt a resolution to set the date, time and place for an Pg. 1000 - advertised public hearing where the Board of County Commissioners will 1020 adopt special assessments to be collected on the non -ad valorem property tax bill for curbside solid waste collection and disposal services for Fiscal Year 2015 and approve the notification to customers. 16.C.2. Recommendation to authorize a budget amendment in the amount of Pg. 1021 - $2,800,000 to recognize funding from a litigated settlement agreement and 1023 appropriate these funds into designated, programmed public utility system capital projects. 16.C.3. Recommendation to approve an agreement with Olde Cypress Homeowners' Pg. 1024 - Association, Inc., regarding the installation of fencing around wastewater 1041 pump stations. 16.C.4. Recommendation to approve a time extension of 120 days to the final Pg. 1042 - completion of Contract 12 -5931 with D.N. Higgins, Inc., Purchase Order 1050 4500142945, for the Master Pumping Station 312 Rehabilitation project, under Project 72549, and authorize payment of the remaining balance of the contract for services rendered. 16.C.5. Recommendation to approve a contract with URS Corporation in the amount Pg. 1051 - of $922,959 under Request for Proposal Number 14 -6198, "Design and 1106 Support Services for the Collier County Landfill Leachate Deep Injection Well," Project Number 70101. 16.C.6. Recommendation to direct the County Manager or his designee to advertise a Pg. 1107 - Resolution adjusting the Collier County Water -Sewer District Bulk Services 1157 Water Rates within the Hammock Bay Service Area, as authorized by the Potable Water Bulk Services Agreement between the Collier County Water - Sewer District and the City of Marco Island, dated May 9, 2006. 16.C.7. Recommendation to approve payment in the amount of $4,950 to Simmonds Pg. 1158 - Electrical of Naples, Inc., for testing and repair of the Irrigation Quality Water 1162 SCADA radio system. 16.C.8. Recommendation to authorize a budget amendment in the amount of Pg. 1163 - $285,100 transferring funds between cost centers and line items within the 1166 Collier County Water -Sewer District Fund (408) to cover costs for unanticipated bank fees, IT support, fleet maintenance, and contractual services for the Collier County Water -Sewer District's Financial Operations Department. 16.C.9. Recommendation to approve a budget amendment in the amount of Pg. 1167 - $320,000 transferring funds from Mandatory Trash Collection Fund 1169 Reserves, and from within the operating budget, to the District I and District II FY14 Operating Expense Budget to pay for collection and disposal costs for residential curbside solid waste at the Collier County Landfill. 16.C.10. Recommendation to award Contract #14 -6213 for general utility services to Pg. 1170 - Douglas N. Higgins, Inc., Haskins, Inc., Kyle Construction, Inc., Mitchell & 1331 Stark Construction Co., Inc., Quality Enterprises USA, Inc., and Southwest Utility Systems, Inc.; and, authorize the Chair to sign and execute the contract after final approval by the County Attorney's Office. 16.C.11. Recommendation to direct the County Manager or his designee to advertise Pg. 1332- a resolution amending schedules One through Two of Appendix A to Section 1359 Four of Collier County Ordinance No. 2001 -73, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to include proposed rates for water, wastewater, and irrigation quality water services with effective dates of October 1, 2014, October 1, 2015 and October 1, 2016 for schedules One and Two. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve a Revocable Temporary License Agreement Pg. 1360 - with the South Florida Water Management District for the installation, at 1373 District expense, of a rain gauge and associated telemetry equipment at Freedom Park. 16.D.2. Recommendation to approve Amendment No. 3 to the Subrecipient Pg. 1374 - Agreement with Catholic Charities, Diocese of Venice, Inc., providing a time 1379 extension and subrecipient name modification for the FY12 Community Emergency Solutions Grant. 16.D.3. Recommendation to approve a "Release of Agreement Authorizing an Pg. 1380 - Affordable Housing Density Bonus and Imposing Covenants and Restrictions 1414 on Real Property" for the Ospreys Landing Apartments. 16.D.4. Recommendation to accept the State Housing Initiatives Partnership Pg. 1415 - Program Fiscal Year 2014 -2015 allocation and to approve a budget 1421 amendment in the amount of $1,545,449 and authorize the Chairman to sign the Fiscal Year 2014/2015 Funding Certification. 16.D.5. Recommendation to approve an "after the fact" submittal of the attached Pg. 1422 - proposed project proposal to the Florida Department of Transportation for 1433 the Federal Transit Administration Section 5310 grant program for a total funding request of $482,480, accept the revised grant award in the same amount, authorize necessary budget amendments and approve the purchase of five paratransit vehicles using those funds. 16.D.6. Recommendation to approve and authorize the Chairman to sign Partners Pg. 1434 - for Fish and Wildlife Program Landowner Agreement accepting a $15,000 1448 grant award from the U.S. Fish and Wildlife Service Partners for Fish and Wildlife Program for fish and wildlife habitat restoration at Rivers Road Preserve. 16.D.7. Recommendation to support the Parks and Recreation Department in Pg. 1449 - seeking national reaccreditation as a valid and proper public purpose and 1518 adopt a Resolution authorizing the expenditure of funds to host the Accreditation Commission not to exceed $10,000. 16.D.8. Recommendation to approve and authorize the Chairman to sign a Pg. 1519 - Satisfaction and Release of Lien for payment of deferred countywide impact 1527 fees. 16.D.9. Recommendation to approve and execute a modified Developer Agreement Pg. 1528 - clarifying terms with NR Contractors, Inc. for Request for Proposal (RFP) 14- 1578 6259, "NSP Multi- Family Property and Program Assumption," (Gilchrist Apartments) and approve an extension of the legal non - conforming waiver to May 31, 2017, and approve a Minor Amendment to the NSP1 Action Plan. 16.D.10. Recommendation to approve a Transportation Coordination Agreement Pg. 1579 - with United Cerebral Palsy of Southwest Florida, Inc. 1584 16.D.11. Recommendation to approve and execute the attached Joint Participation Pg. 1585 - Agreement in the amount of $1,100,000, with a 50% match of $550,000 for 1608 a period not to exceed three years from the date of execution, to provide operating and marketing funding for establishing a new Collier Area Transit route to service Collier Boulevard and Immokalee Road which was previously approved by the Board, approve a resolution authorizing the Chair to sign the agreement; and authorizing all necessary budget amendments. 16.D.12. Recommendation to recognize carry forward from accrued interest in the Pg. 1609 - amount of $105,519.28 and unused grant funds in the amount of $2.12 from 1611 State Aid to Library Grants revenue and appropriate those funds for expenditures on library materials, services, and equipment. 16.D.13. Recommendation to approve the conveyance of a utility easement on Pg. 1612 - County property to the City of Naples, together with the related utility 1622 infrastructure associated with the Gordon River Greenway Park project. 16.D.14. Recommendation to approve an Underground Facilities Conversion Pg. 1623 - Agreement with Florida Power & Light Company for phase two and three of 1640 the Vanderbilt Beach Municipal Service Taxing Unit Utility Conversion Project. 16.D.15. Recommendation to approve a Master Contract with Area Agency on Aging Pg. 1641 - of Southwest Florida, Inc, for Federal- and State - funded Services for Seniors 1682 programs. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.13.1. Recommendation to reject Invitation to Bid (ITB) #13 -6165 for Plumbing Pg. 1683 - Contractors and extend Contract #09 -5323 - On Call Plumbing Contractors to 1685 Shamrock Plumbing and Mechanical, Inc., for six (6) months or until a new solicitation is executed. 16.E.2. Recommendation to approve and execute a First Amendment to Lease with Pg. 1686 - Randall Benderson and David H. Baldauf, Trustees, for office space in 1710 Parkway Plaza, Golden Gate City, for the Health Department's Women, Infants and Children's (WIC) program. 16.E.3. Recommendation to approve a contract for P25 Radio Consulting Services Pg. 1711 - associated with Request for Proposal 14 -6279; and to authorize the 1741 Chairman to sign the contract after final review by the County Attorney. 16.E.4. Recommendation to approve and execute a Second Amendment to Lease Pg. 1742 - Agreement with Sprint Spectrum L.P., successor in interest to Nextel South 1750 Corp., concerning communications equipment located on County property. 16.E.5. Recommendation to recognize and appropriate revenue for Special Services Pg. 1751 - to the Facilities Management Department Cost Center and approve all 1753 necessary Budget Amendments for the Fiscal Year 2013 -2014. 16.E.6. Recommendation to approve and authorize the Chairman to execute a Pg. 1754 - Resolution approving the 457 Roth after -tax contributions option with ICMA- 1767 RC and Nationwide Retirement Solutions, Inc. (NRS) 457 Plan Agreement for the Board of Collier County Commissioners and Supervisor of Elections and designate the County Manager to be the Official Plan Coordinator. 16.E.7. Recommendation to accept reports and ratify staff - approved change orders Pg. 1768 - and changes to work orders. 1805 16.E.8. Recommendation to approve award of contract 14 -6255R CCSO Substation at Pg. 1806 - EMS -12 Orange Tree to BSSW Architects Inc. for professional engineering 1889 services, approve an associated budget amendment, and authorize the Chairman to execute the approved contract. 16.E.9. Recommendation to approve additions, deletions, and reclassifications to the Pg. 1890 - 2014 Fiscal Year Pay and Classification Plan made from April 1, 2014 through 1893 June 30, 2014. 16.E.10. Recommendation to award Invitation to Bid (ITB) 14 -6280 "Fencing Pg. 1894 - Installation and Repair" to Carter Fence Company, Inc., and BUE, Inc., d /b /a 1956 Gatekeepers /Gateswork (Gateswork); and authorize the Chairman to sign the attached contracts. 16.13.11. Recommendation to award contracts for services to assist county staff in Pg. 1957 - monitoring and documenting the cost incurred to remove and dispose of 2075 disaster - generated debris in full compliance with Federal Emergency Management Agency (FEMA) rules and regulations. (Contract #14 -6188, "Federal Emergency Management Agency Acceptable Monitoring of Disaster Generated Debris Management). 16.E.12. Recommendation to approve a Budget Amendment to recognize and Pg. 2076 - appropriate funds for the Mile Marker 63 Fire Station - Ochopee Fire Control, 2118 from the Florida Department of Transportation in accordance with an Interlocal Agreement approved by the Board on April 8, 2014 in the amount of $3,259,335. 16.E.13. Recommendation to approve a Lease Agreement with Immokalee Fire Pg. 2119 - Control District for use by EMS of Immokalee Station 31 with no annual 2127 rent. 16.E.14. Recommendation to accept the Hearing Officer's recommendation in the Pg. 2128 - appeal of Invitation to Bid (ITB) 13 -6113 Janitorial Services; award the 2169 contract to ISS Facility Services, Inc; and, authorize the Chairman to execute a County Attorney approved contract. 16.17. COUNTY MANAGER OPERATIONS 16.17.1. Recommendation to approve a Termination of Agreement and Release of Pg. 2170 - Lien for Ospreys Landing, Ltd. for the Ospreys Landing Apartments, due to 2204 the impact fees being paid in full in accordance with and the terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. 16.17.2. Recommendation to approve the Tourism Department's Sports Marketing Pg. 2205 - Section submittal of Florida Sports Foundation Grant applications to support 2232 future Collier County Sports events in the total amount of $140,700, authorize the County Manager or his designee to execute the applications and make a finding that this item promotes tourism. 16.F.3. Recommendation to adopt a resolution approving amendments Pg. 2233 - (appropriating grants, donations, contributions or insurance proceeds) to 2236 th e Fiscal Year 2013 -14 Adopted Budget. 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Recommendation to appoint one member to the Immokalee Enterprise Zone Pg. 2237 - Development Agency. 2252 16.H.2. Recommendation to appoint a member to the Lely Golf Estates Beautification Pg. 2253 - MSTU Advisory Committee. 2262 16.H.3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2263 - attendance at a function serving a Valid Public Purpose. Attended the East 2265 Naples Civic Association Luncheon on June 19, 2014. The sum of $18 to be paid from Commissioner Fiala's travel budget. 16.I. MISCELLANEOUS CORRESPONDENCE 16.J. OTHER CONSTITUTIONAL OFFICERS 16.1.1. Board declaration of expenditures serving a valid public purpose and Pg. 2266 - approval of disbursements for the period of June 19, 2014 through June 25, 2524 2014. 16.1.2. Board declaration of expenditures serving a valid public purpose and Pg. 2325 - approval of disbursements for the period of June 26, 2014 through July 1, 2368 2014. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to approve an Amendment to Agreement for Legal Services Pg. 2369 - for the Retention Agreement with Henderson, Franklin, Starnes & Holt, P.A. 2388 extending the expiration date to September 12, 2016 and by amending Exhibit "A." 16.K.2. Recommendation to approve the mediation settlement prior to trial in the Pg. 2389 - lawsuit entitled Geraldine Harris v. Collier County, filed in the Twentieth 2395 Judicial Circuit in and for Collier County, Florida, Case No. 13-904-CA for the sum of $10,000 and authorize the Chairman to execute the Settlement Agreement and Mutual Release. 16.K.3. Recommendation to approve a Joint Motion for Final Judgment in the Pg. 2396 - amount of $28,300 for the acquisition of Parcels 113FEE and 113TCE in the 2406 lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13 -CA -238 (US 41 /SR -CR -951 Intersection Improvement Project #60116). (Fiscal Impact: $13,470) 16.K.4. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. 16.K.5. Recommendation that the Board authorize the County Attorney, working in conjunction with the County Manager, to secure an expert /consultant to assist the County Attorney in the litigation relating to Dan A. Hughes Company, L.P: s violation of Permit No.: 1349H, Collier -Hogan 20 -3H Well, also to assist the County Manager and his staff as to all issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing Ordinance provision that may be in conflict with this retention. 16.K.6. Recommendation that the County Attorney be directed to pursue an appeal in the case entitled Thomas C. Curry v. Collier County, Case No. 14- 0087 -CA. Pg. 2407 - 2412 Pg. 2413 - 2414 Pg. 2415- 2457 16.K.7. Recommendation to approve a First Amendment to License Agreement with Pg. 2458 - Summit Broadband Inc. to expand the licensed area to allow for the 2464 installation of an upgraded electrical service connection for the communications facility. 16.K.8. Recommendation to approve payment for mediation services by James A. Pg. 2465 - Helinger, Jr. for the settlements of parcels taken for the improvements to 2468 Collier Boulevard (Project No. 68056) and to authorize the County Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter. 16.1,9. Recommendation to formally and expressly accept the conveyance of right- Pg. 2469 - of -way for Collier Boulevard Extension. Fiscal Impact: None. 2474 16.K.10. Recommendation to approve and execute a Settlement Agreement and Pg. 2475 - Release with a Geraldine Lustro, in order to settle a claim by her against 2482 funds donated to the Collier County Public Library by her brother, Ronald M. Wade, deceased, and to accept and recognize the remainder of the donated funds. 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi - judicial in nature, all participants must be sworn in. 17.A. Recommendation to approve (Adopt) an expansion to the Northeast Quadrant of Pg. 2483 - Mixed Use Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard) 2541 as a 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) (PL- 2013 - 0002249 /CPSS- 2013 -2) [Companion to Rezone Petition PL20130001652 and Conditional Use Petition PL20130002241.1 17.13. Recommendation to approve an Ordinance amending Ordinance Number 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 Commercial Intermediate (C -3) and Heavy Commercial (C -5) zoning districts to a General Commercial (C -4) zoning district, for property located on the east side of Collier Boulevard (C.R. 95 1) north of Rattlesnake- Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.95+/ - acres; providing for repeal of Ordinances 99-84,00-75,02-26, 03 -31 and 04 -23; and by providing an effective date; [RZ- PL20130001652 - companion to CU- PL20130002241 and PL20130002249 /CPSS- 2013 -2]. 17.C. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow Air - Conditioned Indoor Self Storage (SIC Code 4225) within a General Commercial (C -4) Zoning District pursuant to Section 2.03.03.D.1.c.21 of the Collier County Land Development Code for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake- Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida (CU- PL20130002241) - companion to [RZ- PL20130001652] and companion to [PL20130002249 /CPSS- 2013 -2], Collier Boulevard Commercial Properties). 17.D. Recommendation to consider approving Staff - Proposed 2011 Evaluation and Appraisal Report-Based Amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, to Fix Glitches Related to Changes in 2011 EAR - Based Amendments and Revise for Internal Consistency, for Transmittal to the Florida Department of Economic Opportunity for review and Comments response (Transmittal Hearing). Pg. 2542 - 2569 Pg. 2570- 2591 Pg. 2592 - 2627 17.E. Recommendation to adopt an Ordinance repealing and replacing Ordinance 94 -39, Pg. 2628 - as amended, known as the Collier County Residential Rehabilitation Program, to 2668 revise the program to be known as the Collier County Owner - Occupied Rehabilitation Program. 17.17. Recommendation to approve an amendment to the Tourist Development Tax Pg. 2669 - Ordinance No. 92 -60, as amended, to authorize the reallocation of funds between 2680 Tourist Development Tax categories with a supermajority vote of the Board and make a finding that this item promotes tourism. 17.G. Recommendation to adopt a resolution approving amendments (appropriating Pg. 2681 - carry forward, transfers and supplemental revenue) to the Fiscal Year 2013 -14 2683 Adopted Budget. 17.H. Recommendation to approve an amendment to Ordinance No. 83 - 25, as amended, Pg. 2684 - to correct the name of the deferred compensation provider to Nationwide 2694 Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO), to approve removal of Section 2 of the Ordinance removing the advisory committee, and to include Supervisor of Elections (SOE) under the compensation plans of the Board of County Commissioners. 17.I. Recommendation to adopt an Ordinance repealing Ordinance No. 91 -37, as amended, Pg. 2695 - in order to sunset the Hispanic Affairs Advisory Board. 2699 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.