Loading...
Backup Documents 03/13/2018 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 01 i La, r -s rid .0 t_ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 13, 2018 9:00 AM Commissioner Andy Solis, District 2 - BCC Chair Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Burt Saunders, District 3 (Telephonically) Commissioner Penny Taylor, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO 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 Page 1 March 13, 2018 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Ammos Chorny, Beth Tikvah Synagogue Invocation Given 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by Commission members for consent agenda.) Motion to approve today's Regular Agenda - Approved w/changes — 4/0 (Commissioner Solis absent) Motion to approve today's Consent and Summary Agendas — Approved and/or Adopted w/changes — 5/0 B. February 13, 2018 BCC Meeting Minutes Approved as presented — 4/0 (Commissioner Solis absent) Page 2 March 13, 2018 C. February 27, 2018 - BCC Meeting Minutes Approved as presented — 4/0 (Commissioner Solis absent) 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating March 11 - 18, 2018 as Sunshine Week in Collier County and declaring our commitment to open and accessible government. To be accepted by Maria DeJesus, representing the Collier County Board of County Commissioners; Marni Scuderi representing the Collier County Clerk of Courts; Christina Farlow-Ford representing the Collier County Sheriffs Office; Vickie Downs representing the Collier County Property Appraiser; Rob Stoneburner representing the Collier County Tax Collector; and Trish Robertson representing the Collier County Supervisor of Elections. Adopted — 5/0 B. Proclamation designating March 17, 2018 as Save the Florida Panther Day in Collier County. To be accepted by Amber Crooks and Mac Hatcher from Friends of the Florida Panther Refuge and Kevin Godsea from Florida Panther National Wildlife Refuge. Adopted — 5/0 C. Proclamation recognizing March 15 - 25, 2018 as the 42nd Anniversary of the Collier County Fair. To be accepted by TJ Snopkowski, Marketing & Sponsorship Director, Collier County Fairgrounds. Adopted — 5/0 D. Proclamation designating March 21, 2018 as Rosie the Riveter Day in Collier County, as part of a collective national effort to raise awareness of the 16 million working women who contributed on the home front during World War II. To be accepted by James Moon, Lois Bolin, and John McGowan. Page 3 March 13, 2018 Adopted — 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for March 2018 to Cable USA, LLC. To be accepted by Richard Woodman, Vice President of Finance. Also present is Bethany Sawyer of the Greater Naples Chamber of Commerce. Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Graham Ginsberg — Recommends using Tourism money for the ATV Park, Beach access concerns and Codes regarding Lighting in residential communities 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to review the traffic analysis study and affirm staff s findings in response to a public petition request heard on February 13, 2018, under Agenda Item 6A., requesting that a wall or guardrail be installed on a section of Rattlesnake Hammock Road (just east of US41 on the north side of the roadway) to prevent cars from leaving the road. Public Petition - Hetzner (Marlene Messam, Principal Project Manager, Transportation Engineering and Construction Division) Motion to accept report— Approved 5/0 B. Recommendation to direct the County Attorney to advertise an Amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit (MSTU), to amend the boundaries and incorporate provisions to improve the look and usability of Page 4 March 13, 2018 the public areas within the MSTU boundaries. (Michelle Arnold, Public Transit and Neighborhood Enhancement, Division Director) Motion to continue indefinitely until public input is reached — Approved 5/0 To be heard at 10:00 a.m. (Per Commissioner Fiala during Agenda changes) C. Recommendation to authorize staff to initiate the Invitation to Negotiate (ITN) process for two (2) County-owned properties previously identified as suitable for the development of housing that is affordable in accordance with the Community Housing Plan. (Cormac Giblin, Manager, Grant and Housing Development, Community and Human Services Division) Motion to continue until staff can finalize policy and outreach to the community — Approved 4/1 (Commissioner Solis opposed) D. Recommendation to direct staff to either 1) prepare an ordinance to ban medical marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to publicly vet a Land Development Code amendment to permit medical marijuana dispensaries in the same zoning districts as pharmacies. (Mike Bosi, Planning and Zoning Division Director) Motion to approve Option #2 — Approved 3/2 (Commissioner Taylor and Commissioner Fiala opposed) E. 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 affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) Motion to approve —Approved 5/0 F. Recommendation to adopt the FY 2019 Budget Policy. (Mark Isackson, Corporate Financial and Management Services Division Director) Resolution 2018-53 Adopted — 5/0 Moved from Item #16F3 (Per Agenda Change Sheet) G. Recommendation to approve Tourist Development Tax funding, a Waiver of Competition and a one year contract for website services with Miles Partnership, LLLP, in the annual amount of$300,000, authorize the Chairman to execute the contract, and make a finding that this expenditure Page 5 March 13, 2018 promotes tourism. Approved — 5/0 Moved from Item #16F5 (Per Commissioner Solis during Agenda Changes) H. Recommendation to authorize one additional FY 2018 budget amendment covering post Hurricane Irma clean up and recovery providing an additional $1,000,000 appropriation to fund waterway debris cleanup and repairs in the Pelican Bay Community. Approved — 4/1 (Commissioner Taylor opposed) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future BCC Workshop Schedule B. Mr. Ochs — Workshop Dates & Times: Both CRA's are meeting on April 3rd at 1 p.m.; on May 1st the Blue Zone Workshop at 9 a.m.; on June 5th is the Mental Health Workshop at 9 a.m. C. Mr. Ochs — Thanks all staff for their hard work in getting the $13,000,000 Tigre Grant that has a $3,000,000 match for the County D. Commissioner Fiala — Civil Air Patrol asked to use a space at Marco Island Airport until hurricane repairs are completed or the space is needed by the County E. Commissioner Taylor — Livingston Road broken wall panels F. Commissioner Taylor — Cattle Drive on March 10th in Immokalee at Roberts Ranch G. Commissioner Taylor — Attended the Southwest Economic Alliance H. Commissioner Taylor — Has been attending CRA Meetings regarding events & fees related with CRA events I. Commissioner Fiala — Suggested that the Golden Gate Golf Course be converted into a VA Hospital Page 6 March 13, 2018 J. Commissioner Solis — Received an e-mail regarding infrastructure that was just passed by the Legislature, the Chair to write a letter urging the Governor for his support (EMS Station #63 on I-75) - Consensus K. Commissioner Solis — Vanderbilt Drive is open to the public L. Commissioner Solis — Motion to adjourn — Approved 5/0 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/changes — 5/0 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easement Modification as required to add the permit for Doctor's Pass and Moorings Bay. Required by FDEP for a Doctors Pass dredging permit with an effective permit date from November 28, 2017 through October 2, 2030 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$61,880 which was posted as a guaranty for Excavation Permit Number PL20150000182, (Excavation Permit No. 60.123) for work associated with Tuscany Pointe Phase Two Located off of Collier Blvd, north of Vanderbilt Beach Road 3) Recommendation to authorize the Clerk of Courts to release a performance security in the amount of$9,073.15 which was posted as a guaranty for Site Development Plan, PL20140000858 for work associated with Fifth Third Bank within the Sabal Bay Planned Unit Development. For access improvements at 4570 Thomasson Lane 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 Page 7 March 13, 2018 approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Within the Town of Ave Maria SRA 5) Recommendation to approve and authorize the Chairman to sign the Utility Facilities Quit-Claim Deed and Bill of Sale between Collier County and Avalon of Naples, LLC, in order to reconvey to Avalon of Naples, LLC, a portion of the potable water and sanitary sewer utility facilities associated with the development at Avalon of Naples, PL 20160002356, which were previously erroneously conveyed to the County. Located on the corner of Davis Blvd and County Barn Road 6) Recommendation to award Invitation to Bid #18-7252, "Roadway Signs Repair," to Highway Safety Devices, Inc. for repair and installation of roadway signs damaged by Hurricane Irma (Project No. 50154). 7) Recommendation to approve the release of a code enforcement lien with an accrued value of$504,081.72 for payment of$531.72 in the code enforcement actions entitled Board of County Commissioners v. Erick Dorestil and Elvita Pierre. Code Enforcement Board Case No. CEPM20100019476 relating to property located at 3661 12th Avenue NE, Collier County, Florida. Violations for no protective barrier securing swimming pool that also had an expired permit and brought into compliance by the new owner on January 11, 2018 8) Recommendation to approve the release of a code enforcement lien with an accrued value of$49,614.88 for payment of$614.88 in the code enforcement action entitled Board of County Commissioners v. Ana Elias, Code Enforcement Board Case No. CEPM20150001679 relating to property located at 2707 Immokalee Drive, Collier County, Florida. Violations for decayed/deteriorated/poorly maintained ceilings, exterior walls, interior walls, windows, interior floors, and exterior doors on residential property Page 8 March 13, 2018 B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT Commissioner Solis abstained from voting (During Agenda Changes) 1) Recommendation to award Bid #17-7217, "Fire Alarm, Sprinklers and Extinguishers Inspections and Repairs," to Cintas Corporation, for Countywide Fire Alarm, Sprinklers and Extinguishers Inspections and Repairs in a base contract amount of$607,000. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy and establish standard rates for recreational and commercial boat dock rental fees, increase Pickleball membership fees, and modify fees for the Golden Gate Community Center. Resolution 2018-44 2) Recommendation to approve an Agreement for Sale and Purchase with Tyler Thurston, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $7,100. Folio #39491680000 within the Red Maple Swamp Preserve 3) Recommendation to approve an Agreement for Sale and Purchase with Janet L. Wallace, Kevin L. Konkler, and Linda K. Frauendorfer formerly known as Linda K. Blake, all as tenants in common, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $14,800. Folio #39959720004 within the Winchester Head Project 4) Recommendation to approve the submittal of a revised FY 17 Federal Transit Administration (FTA) 5307 Grant application to include additional expansion vehicles through the Transit Award Management System (TrAMS). Grant#1032-2018-2 E. ADMINISTRATIVE SERVICES DEPARTMENT Page 9 March 13, 2018 1) Recommendation to award RFP #18-7262 Full Service Auctioneer to Royal Auction Group, Inc. Auctioneer will provide all the required services and tasks to market, advertise, transport and sell equipment and vehicles for the County 2) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. Consisting of 6 change orders and 7 after-the-fact memos with a fiscal impact of$174,053.45 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Tourist Development Tax marketing funding to replace the Marco Island Chamber of Commerce Visitor Information sign damaged by Hurricane Irma and make a finding that this expenditure promotes tourism. The Marco Island Chamber recommends Signarama, with a bid of$9,010 2) Recommendation to approve Tourist Development Tax Promotion funding to support the six upcoming April 2018 Sports Events up to $33,500 and make a finding that these reimbursable expenditures promote tourism. For the following events: USTA Adult Wheelchair Tennis on April 5-8, Azzuri Storm Spring Shootout on April 6-8, USTA Clay Court Championship on April 9-14, Alligator Challenge on April 20-22, NTRP Clay Court on April 20-21 and the Adidas Spring Classic on April 28-30 Moved to Item #11G (Per Agenda Change Sheet) 3) Recommendation to approve Tourist Development Tax funding, a Waiver of Competition and a one year contract for website services with Miles Partnership, LLLP, in the annual amount of$300,000, authorize the Chairman to execute the contract, and make a finding that this expenditure promotes tourism. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) Page 10 March 13, 2018 to the Fiscal Year 2017-18 Adopted Budget. Resolution 2018-45 Moved to Item #11H (Per Commissioner Solis during Agenda Changes) 5) Recommendation to authorize one additional FY 2018 budget amendment covering post Hurricane Irma clean up and recovery providing an additional $1,000,000 appropriation to fund waterway debris cleanup and repairs in the Pelican Bay Community. 6) Recommendation to direct the County Attorney to advertise a proposed ordinance which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Services Division Board, by eliminating the requirement of the rotation of the chair and vice chair, which was implemented by Ordinance No. 2013-19, and return to the original selection process of the chair and vice chair as set forth in Ordinance 2002-27, as amended. G. AIRPORT AUTHORITY 1) Recommendation to approve the attached Collier County Airport Authority Standard Form Lease Agreement with Brightest Antares, LLC (dba Silsby Aviation) for office space at the Marco Island Executive Airport. For a 5 year lease at a monthly rate of$113.43 (plus applicable taxes) plus an annual Commercial Operating Fee of$200.00 (plus applicable taxes) 2) Recommendation to approve Amendment #1 to Contract No. 16-6561 "Design Services for Marco Executive Terminal" with Atkins North America, Inc. in the amount of$919,674 for engineering and inspection services during construction and authorize the Chairman to execute the Amendment. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a Resolution changing the boundaries of Page 11 March 13, 2018 certain voting precincts. Resolution 2018-46 2) Recommendation to approve the FY2017 SCAAP letter delegating authority to Sheriff Kevin Rambosk to be the official grant applicant and contact person, or his designee, and to receive, expends the payment and make any necessary budget amendments of the FY2017 of the State Criminal Alien Assistance Program (SCAAP) grant funds. No required local match 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between February 15 and February 28, 2018 pursuant to Florida Statute 136.06. 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 7, 2018. K. COUNTY ATTORNEY 1) Recommendation to appoint a member to the Ochopee Fire Control District Advisory Committee. Resolution 2018-47: Appointing Timothy Jon Smith, Jr. to the remainder of Ron Gilbert's term expiring on December 31, 2018 2) Recommendation to appoint a member to the Health Facilities Authority. Resolution 2018-48: Appointing David Wolff with term expiring on March 13, 2022 3) Recommendation to appoint four members to the Pelican Bay Services Division Board. Resolution 2018-49: Appointing Nicolas Fabregas (Commercial/Business), Richard Swider (Residential), Peter Griffith (Residential) and re-appointing Susan O'Brien (Residential) 4) Recommendation to reappoint two members to the Haldeman Creek Page 12 March 13, 2018 Dredging Maintenance Advisory Committee Resolution 2018-50: Re-appointing Roy A. Wilson and Joseph Adams to terms expiring on March 13, 2022 5) Recommendation to reappoint two members to the Educational Facilities Authority. Resolution 2018-51: Re-appointing Barbara Minch Rosenberg and Alice J. Carlson to terms expiring on March 23, 2023\\ 6) Recommendation to approve a Stipulated Order settling all statutory attorney and expert fees and costs to Gulf Coast Donuts, LLC, incurred in the taking of parcels in the case styled Collier County v. Lowe's Home Center Inc., et al., Case No. 13-CA-0142, for the US 41/C.R. 951 Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $37,000). 7) Recommendation to approve and authorize the Chair to execute a Release of Property Damage Claim in the lawsuit styled Collier County Board of County Commissioners v. James Johnson, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 16-CC-770), for the total sum of$4,767.10. For a March 28, 2015 vehicle accident that damaged a County owned light pole 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. Adopted — 5/0 A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all Page 13 March 13, 2018 participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes 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 Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] Ordinance 2018-08 B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96-79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85- 8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] Ordinance 2018-09 C. This item requires that all participants be sworn in and 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 a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] Resolution 2018-52 D. Recommendation to adopt an amendment to Ordinance No. 2017-53, which Page 14 March 13, 2018 re-established the County Government Productivity Committee, to eliminate the requirement for staggered terms. Ordinance 2018-10 18. ADJOURN — Motion to adjourn — Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 March 13, 2018