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Recap 12/11/2018 RPage 1 December 11, 2018 COLLIER 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 December 11, 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 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 2 December 11, 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. Pastor Eric R. Hausler, Christ the King Presbyterian Church and Naples Jail Chaplain. Invocation Given B. Reaffirmation of the Oath of Office for re-elected Collier County Commissioner Andy Solis, District 2 and re-elected Collier County Commissioner Penny Taylor, District 4. The Oath of Office will be administered by the Honorable Ramiro Mañalich, Circuit Court Judge, 20th Judicial Circuit. Commissioner Taylor and Commissioner Solis given the oath of office 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex Page 3 December 11, 2018 parte disclosure provided by commission members for consent agenda.) Approved and/or Adopted with changes – 5/0; Commissioner McDaniel voted “no” on Item #16A9 and Item #16D10 B. November 13, 2018 - BCC/Regular Meeting Minutes Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Donna Dowdell – Building Review and Permitting Presented b) Pat Estes - Information Technology Presented c) Les Gross - Facilities Management Presented d) Roy Hendry - Wastewater Presented e) Judy Johnson - Wastewater Presented f) Michael Perry - Water Presented g) Sandra Watt-Gant - EMS Presented 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES a) Kurt Jokela - Facilities Management Page 4 December 11, 2018 Presented b) Toni Mott - Facilities Management Presented 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES Added (Per Commissioner Taylor ) 1) Recognizing Lavah Hetzel for 18 years of service – Communications & Customer Relations Presented D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Christine Boni, Accountant, Administrative Services Department as the November 2018 Employee of the Month. Recognized 4. PROCLAMATIONS (One Motion to Adopt All Proclamations) A. Proclamation recognizing Lucky's Market as recipient of the Waste Reduction Awards Program (WRAP) Award for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Lucky’s Market Store Director Bobby Ditmar and Assistant Store Director Jenn Faustini. Adopted – 5/0 B. Proclamation designating January 16, 2019 as National Religious Freedom Day in Collier County. To be accepted by representatives of the Salt & Light Advisory Council: Greg Harper, Father Michael Orsi, Pastor Tom Harris, Pastor Rick Baldwin and Pastor Greg Ball. Adopted – 5/0 Page 5 December 11, 2018 C. Proclamation designating January 12-20, 2019 as Kindness Awareness Week in Collier County, in support of the annual “One Million Acts of Kindness” campaign. To be accepted by Bob Votruba with his Boston Terrier traveling companion, Bogart. Adopted – 5/0 D. Proclamation designating December 2018 as Join Scouting Month in Collier County. To be accepted by James Giles, District Executive of the Southwest Florida Council - Boy Scouts of America. Adopted – 5/0 E. Proclamation recognizing the Wynn Family and the contributions the family has made to our community, and congratulating Wynn's Market on its 80th anniversary and Sunshine Ace Hardware on its 60th anniversary. To be accepted by Michael Wynn. Adopted – 5/0 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2018 to Grace Place for Children and Families, Inc. To be accepted by Dr. Tim Ferguson, Chief Executive Officer. 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. Dr. J.B. Holmes – Presentation at Veteran’s Cemetery in Immokalee December 15, 2018 @10am B. Rae Ann Burton – Golden Gate Estates concerns C. Anthony Matonti – Vanderbilt Beach road widening D. Hilary Hogue – Victims of predatory guardianship 8. BOARD OF ZONING APPEALS A. This item requires that ex parte disclosure be provided by Commission Page 6 December 11, 2018 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to determine that the proposed land use for a veterinary clinic, excluding outdoor kenneling, and dog grooming are comparable, and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD, Ordinance Number 2005-19, as amended, and are therefore found to be permitted principal uses at the location further described herein. [CUD-PL20180002265] Resolution 2018-229 Adopted - 4/0 Commissioner Taylor abstained) 9. ADVERTISED PUBLIC HEARINGS A. 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 deny a Resolution amending Resolution No. 90-292 (Development Order No. 90-3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, amendments to Development Order by revising the Master Plan to relocate unbuilt access locations from Airport Road and Golden Gate Parkway to access locations on Livingston Road for access only to the areas of the PUD identified as FP&L easement located south of Grey Oaks Drive East; amendments to Exhibit E, Development Order access conditions and SubExhibit 1, project access locations and Sub-Exhibit 2 project access conditions; Section Two, findings of fact; Section Three, conclusions of law; and Section Four, effect of previously issued Development Orders, transmittal to Department Of Economic Opportunity and effective date. [PL20170001729] (This is a companion to Agenda Item #9B - Planned Unit Development Amendment Petition PUDAPL20170001548.) Development Order 2018-03/Resolution 2018-230: Motion to approve staff’s recommendations allowing only 1 access point and the petitioner to give-up the rights to access Grey Oaks entrance and this petition doesn’t address uses for the PUD – Adopted 4/1 (Commissioner Taylor opposed) B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to deny an Ordinance amending Ordinance No. 07-40, the Grey Oaks MPUD, by relocating unbuilt access locations on Airport Road and Golden Gate Parkway to Livingston Road for access only to the areas of the PUD identified as FP&L easement located south of Grey Oaks Drive East, and by Page 7 December 11, 2018 providing an effective date. The subject MPUD consisting of 1,601+/- acres is located at the northeast, northwest, and southeast quadrants of the intersection of Airport Road (S.R. 31) and Golden Gate Parkway (C.R. 886), in Sections 24, 25, and 26, Township 49 South, Range 25 East, Collier County, Florida. [PL20170001548] (This is a companion to Agenda Item #9A - Development Order Amendment Petition DOA-PL20170001729) Ordinance 2018-65: Motion to approve staff’s recommendations allowing only 1 access point and the petitioner to give-up the rights to access to Grey Oaks entrance and this petition doesn’t address uses for the PUD – Adopted 4/1 (Commissioner Taylor opposed) C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20180001007 to disclaim, renounce and vacate the County and the public interest in a 70’ x 439’ portion of the right-of-way known as Recreation Lane, as recorded in Road Book 3, Page 26 of the Public Records of Collier County, Florida, located approximately one third of a mile east of Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2018-231 Adopted – 5/0 Continued to the January 22, 2019 BCC Meeting (During Agenda Changes the date changed from February 22, 2019) D. Recommendation to approve proposed amendments to the Golden Gate Area Master Plan (GGAMP) and related elements of the Growth Management Plan (GMP) for transmittal to the Florida Department of Economic Opportunity (DEO) for review and objections, recommendations and comments (ORC) response, and to provide direction to staff on any additional amendment language for further review at adoption. [Transmittal Hearing] E. This item to be heard at 3:45 p.m. Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow medical marijuana dispensaries in the same zoning districts as pharmacies including certain Planned Unit Development Districts, the Commercial Convenience District (C-2), Commercial Intermediate District (C-3), Page 8 December 11, 2018 General Commercial District (C-4), Heavy Commercial District (C-5), Business Park District (BP), Research and Technology Planned Unit Development District, Santa Barbara Commercial Overlay District (SBCO), and Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and to codify statutory requirements for security measures and design and signage, 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 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.06 Planned Unit Development Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Five – Supplemental Standards, adding new section 5.05.16 Medical Marijuana Dispensaries; Chapter Ten – Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Motion to Approve – Failed 3/2 Due to lack of a required Super- Majority (Commissioner Taylor and Commissioner Fiala opposed) 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 11:15 a.m. Recommendation to authorize the Chairman to send a letter on behalf of the Board of County Commissioners to the NCH Healthcare System Board of Trustees asking for reconsideration on the implementation of a recently announced admissions policy until they have completed an independent process of gathering input from the residents of Collier County with respect to such a policy. (Commissioner Taylor) Motion for the Chairman to write a forceful letter requesting that NCH appear before the board with an explanation regarding its policy changes – Approved 5/0 11. COUNTY MANAGER'S REPORT A. This item to be heard at 1:00 p.m. Recommendation to authorize the County Manager to prepare a Memorandum of Understanding with the Collier County Public School District outlining the terms of a potential land swap and joint development project on a County-owned parcel located Page 9 December 11, 2018 between Immokalee Road & 4th Avenue Northeast; work with the adjacent private property owner for potential partnering to obtain access to the existing traffic signal; conduct Neighborhood Information Meetings for input from residents and bring back options for potential uses for the property at a future Board meeting. (Toni A. Mott, Manager, Facilities Management Division) Motion to approve and to allow any proposals submitted be brought before the Board – Approved 4/1 (Commissioner McDaniel opposed) B. This item to be heard at 1:30 p.m. Recommendation to accept a report regarding Collier County’s Economic Development Program. (Sean Callahan, Executive Director, Corporate Business Operations) Presented; Discussed C. Recommendation to authorize staff to advertise an amendment to Ordinance No. 2002-63, as amended, which established and implements the Conservation Collier Program. (Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division) Approved – 4/1 (Commissioner Taylor opposed) D. Recommendation to review and approve the County’s delivery plan for the execution of the projects approved by the Board and a majority of the electorate to be funded from the proceeds of the One-Cent Infrastructure Surtax (Sales Tax) with oversight from a Citizen Advisory Committee. (Nick Casalanguida, Deputy County Manager) Approved – 5/0; County Attorney to send applicants a letter clarifying the committee’s duties E. Recommendation to direct staff to advertise, and bring back for a Public Hearing, an Ordinance repealing the Flood Damage Prevention Ordinance, Ordinance No. 2011-07, to be replaced by the new Floodplain Management Ordinance. (Caroline Cilek, Manager, Building Division) Approved – 5/0 F. Recommendation to accept or reject bids received for County-owned surplus lands advertised pursuant to the provisions of Section 125.379, Florida Statutes and direct staff to take appropriate actions based on Board direction. (Toni A. Mott, Manager, Facilities Management Division) Motion to accept bid for Mingo Drive and reject bid for Livingston Page 10 December 11, 2018 Woods site - Approved 5/0 G. Recommendation to award Contract Number 18-7469, CEI Services for Big Corkscrew Island Regional Park, to Wood Environment and Infrastructure Solutions, Inc., in the amount of $1,932,314 and authorize the Chairman to execute the attached agreement. (Leandro A. Goicoechea, P.E., Sr. Project Manager, Facilities Management Division) Approved – 5/0 H. Recommendation to award Invitation to Bid No. 18-7305, “Master Pump Station 306” (Project Number 70237), to PWC Joint Venture LLC, in the amount of $10,719,008, and authorize the necessary budget amendments. (Tom Chmelik, Engineering and Project Management Division Director, Public Utilities Department) Approved – 5/0 Moved from Item #16A1 (Per Agenda Change Sheet) I. Recommendation to approve the First Amendment to the Interlocal Agreement dated June 26, 2018 by and between Collier County and the City of Everglades City to clarify the collection and distribution of building permit and related fees under the Interlocal Agreement.] Approved – 5/0 Moved from Item #16F6 (Per Agenda Change Sheet) J. Recommendation to authorize the County Manager to cast two affirmative votes for the Riviera Golf Estates Homeowners Association Board of Directors, to negotiate a contract for the acquisition of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and maintenance equipment for use as a private community park. Collier County owns two (2) lots at 767 and 771 Charlemagne Court in Riviera Golf Estates and thus has two (2) votes it can cast. Approved – 5/0 Moved from Item #16F8 (Per Agenda Change Sheet) K. Recommendation to adopt a resolution establishing the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. Resolution 2018-232 Adopted – 5/0 12. COUNTY ATTORNEY'S REPORT Page 11 December 11, 2018 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 Workshop Schedule B. Commissioner McDaniel – Entrance fees for the Immokalee Christmas Festival covered by Waste Connections contribution C. Commissioner Fiala - Would like to bring in Andres Duany to develop a future vision for the Bayshore CRA area; Concerns regarding 2 medians in East Naples that have been neglected; The need to fill the 4 vacancies on the Affordable Housing Committee D. Commissioner Taylor – Would like the Productivity Committee do a study on the cost of not doing anything regarding pollution control E. Commissioner Solis – Adjourned ------------------------------------------------------------------------------------------------------------ 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; Commissioner McDaniel voted “no” on Item #16A9 and Item #16D10 A. GROWTH MANAGEMENT DEPARTMENT Moved to Item #11I (Per Agenda Change Sheet) 1) Recommendation to approve the First Amendment to the Interlocal Agreement dated June 26, 2018 by and between Collier County and the City of Everglades City to clarify the collection and distribution of building permit and related fees under the Interlocal Agreement. Page 12 December 11, 2018 2) Recommendation to approve proposal dated October 22, 2018 from Humiston & Moore Engineers to update the 2018 Aerial Image Book and complete the Wiggins and Doctors Pass monitoring reports under Contract No. 15-6382, authorize the Chairman to execute the work order for a not to exceed amount of $15,898.25, and makes a finding that this expenditure promotes tourism. Requires updating post Hurricane Irma 3) Recommendation to approve the release of two code enforcement liens with an accrued value of $8,333.23 for payment of $1,133.23 in the code enforcement actions entitled Board of County Commissioners v. Wayne Ray Finzer, Code Enforcement Board Case Nos. CENA20140013503 and CENA20170011622 relating to property located at 2675 Storter Ave, Collier County, Florida. As a result of violations resulting from an excess of weeds 4) Recommendation to approve the release of a code enforcement lien with an accrued value of $18,101.62 for payment of $6,000 in the code enforcement actions entitled Board of County Commissioners v. Orange Blossom Naples, LLC, Code Enforcement Board Case No. CENA20130010827 relating to property located at 6619 Yarberry Ln, Collier County, Florida. For the accumulation of prohibited exotic vegetation on unimproved property 5) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $48,020 which was posted as a guaranty for Excavation Permit Number 60.085-3, PL20160000540 for work associated with Esplanade Golf and Country Club of Naples – DiLillo Parcel. A development off Immokalee Road and Collier Boulevard 6) Recommendation to approve a standard Temporary Construction Easement for Beach Renourishment and to remove the requirement for dune plantings from the Temporary Construction Easement for Beach Renourishment for the Marco Island Central Beach Regrade project and make a finding that this item promotes tourism. Marco City Council voted unanimously to remove the dune Page 13 December 11, 2018 plantings from the TCE at their meeting on October 15, 2018 7) Recommendation to direct staff to bring back for a public hearing an ordinance amending the Land Development Code to modify design standards for signs advertising the price of fuel, in accordance with Section 553.79(20), Florida Statutes, and allow applications for such signs to be processed under the proposed new zoning standards while the LDC amendment process is pending. 8) Recommendation to receive and approve the Collier County Floodplain Management Plan 2017 Progress Report and Proposed Action Plan for 2018 and 2019, which includes a 1.5 feet rate of sea level rise by 2060 planning standard to be adopted in the Floodplain Management Plan. Developed as a requirement of County participation in the National Flood Insurance Program’s Community Rating System Commissioner McDaniel voted “no” on Item #16A9 9) Recommendation to authorize staff to advertise for a future public hearing, an ordinance amending the Land Development Code relating to the affordable housing density bonus program, pursuant to previous Board actions on the Community Housing Plan (CHP). As detailed in the Executive Summary 10) Recommendation to approve final acceptance of the potable water and sewer facilities for Naples Motorcoach Resort, PL20160001454, and accept unconditional conveyance of a portion of the potable water and sewer facilities. For the development located off of Collier Boulevard and US41 11) Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Isles of Collier Preserve Phase 8 – Dog Park, PL20180001856. A final inspection to discover defects was conducted by Development Review staff on August 8, 2018, in coordination with Public Utilities, and the facilities were found to be acceptable 12) Recommendation to approve final acceptance of the potable water and sewer facilities for The Warehouse, PL201700001163, accept Page 14 December 11, 2018 unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $9,659.41 to the Project Engineer or the Developer’s designated agent. A development off Collier Boulevard and Immokalee Road 13) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Isles of Collier Preserve Phase 8, PL20170000553 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. A final inspection to discover defects was conducted by Development Review staff on November 5, 2018, in coordination with Public Utilities, and the facilities were found to be acceptable 14) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Marsilea, Application Number PL20130001985 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. Resolution 2018-209 15) 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 amended final plat of Esplanade Golf and Country Club of Naples Phase 5, (Application Number PL20180002972) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16) Recommendation to approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. LP11030 which provides grant funding for Storm Water, Water and Waste Water improvements along 95th Ave N. and 96th Ave N. in Naples Park by extending the period of agreement by 730 calendar days and updating language within certain sections of the agreement. Page 15 December 11, 2018 Extending the period 730 calendar days and updating language within certain sections of DEP Agreement No. LP11030 17) Recommendation to approve the electronic submission of a Safe Routes to School application with the Florida Department of Transportation in the amount of $761,514.74 to fund the design and construction of a sidewalk along Linwood Avenue to Shadowlawn Elementary School with a local match of $89,942.69 for construction engineering and inspection. In partnership with Collier County Public Schools staff has identified a location on Linwood Avenue from Airport-Pulling Road to Linwood Way for construction of a 6-foot wide sidewalk approximately .52 miles long 18) Recommendation to authorize a budget amendment to recognize payment in the amount of $29,842.20 received from the City of Naples for the engineering design of potable water lines for the West GoodletteFrank Road Joint Stormwater-Sewer Project (Project No.60142). Pursuant to an interlocal agreement entered into on September 27, 2016 19) Recommendation to approve an Agreement for Invitation to Bid #18-7476 “Pine Ridge Canal Weir #1 Replacement” to Thomas Marine Construction, Inc., in the amount of $793,939.75 (Project No. 60119), and authorize the Chairman to execute the attached Agreement. To commence with construction of the Pine Ridge weir replacement located within the Creekside Commerce Park 20) Recommendation to approve the expenditure $49,698 to provide professional engineering services From Humiston and Moore Engineers to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and authorize necessary Budget Amendments. The Water Turkey Bay Channel that branches south from the Wiggins Pass channel and leads to Vanderbilt Lagoon is essentially impassable and requires some level of dredging Page 16 December 11, 2018 21) Recommendation to approve two Funding Agreements with the South Florida Water Management District to fund the I-75 Canal and Cocohatchee Canal Interconnect and Emergency Pump Facility Project, in the amount of $500,000 and to assist with funding for the Palm River and Cocohatchee River Conveyance Project, in the amount of $388,000. To improve conveyance capacity of downstream receiving waters 22) Recommendation to policy constrain Orange Blossom Drive from west of Airport Road to Goodlette-Frank Road to two lanes. 23) Recommendation to authorize the County to issue standard County Purchase Orders by piggybacking off of the pricing obtained from firms that entered into Agreements with the City of Naples’ under its Request for Proposal (“RFP”) #16-014, Building Inspection and Plan Review Services, Library of Firms. To offset the increase in volume of inspections and permits associated with the recovery from Hurricane Irma B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners increase the annual amount that can be spent under Contract #17-7197, Immokalee Municipal Service Taxing Unit (MSTU) Roadway Landscape Maintenance, to A&M Property Maintenance, LLC to $200,000. As detailed in the Executive Summary 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), authorize the County Attorney’s office to take all action necessary to clear title on three developed parcels previously owned by Love and Legacy LLC and, if necessary, file Quiet Title action on 15 lots sold to Love and Legacy LLC in 2014. As detailed in the Executive Summary C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award an Agreement for Invitation to Bid #18- Page 17 December 11, 2018 7399, “Air Filtration Services,” to Filter Pro USA, LLC, for countywide air filtration services. The annual (base) amount of this agreement is estimated at $190,000, plus any additional and unanticipated services 2) Recommendation to approve a Resolution removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Department in the amount of $59,034.99. Resolution 2018-210 3) Recommendation to accept an offer from Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks for replacement of a potential failing component in 15,000 water meters purchased and installed in the County's water distribution system and authorize the Chairman to accept and sign the offer letter. To replace Hot Rod radio endpoints (Radio Modules) contained in 15,000 Mueller meters prior to failure to ensure accuracy and reliability in the meter reading and billing system 4) Recommendation to approve a Lease Agreement with Collier Plaza, LLC, to continue operating the former FGUA Customer Service Center in Golden Gate City, now known as Utility Billing and Customer Service – Golden Gate. Scheduled to expire December 31, 2018 the PUD has requested the lease term be extended 2-years with five (5) 1-year renewals 5) Recommendation to approve a Second Amendment to Agreement for the Provision of Telecommunication Services and Facilities with Vertical Bridge S3 Assets, LLC, for the installation of antenna equipment for the County’s emergency radio system. Allows the County to install additional equipment on a leased communications tower 6) Recommendation to approve an increase in funding for the operational costs and term of the Sole Source Waiver and Master Sales Agreement with Itron Incorporated for automated meter reading services for the utility system acquired from the Florida Government Utility Authority approved at the July 10, 2018 Board Meeting Page 18 December 11, 2018 (Agenda Item #16C1). For services in an amount up to $50,000, an increase of $8000 over the amount previously approved for the service 7) Recommendation to approve a $245,909 Work Order under Request for Quotation No. 16-6663-1 to Bonness Inc., to construct the Pelican Marsh IQ Pump Station Site Improvements, which includes a new access driveway into the site, concrete steps and retaining wall, sidewalks surrounding the pump station, internal drainage improvements, leveling the pump station floor, and removal of exotic vegetation, and to authorize the necessary budget amendment (Project No. 70166). As detailed in the Executive Summary 8) Recommendation to approve a $583,000 Work Order under Request for Quotation No. 14-6213-128 to Haskins, Inc., under Project Number 70182, “Wildflower Way Water Main Looping,” which includes installing 4,000 feet of 12-inch and 14-inch water main on Wildflower Way from St. Andrews Boulevard to Lely High School Boulevard, and authorize the necessary budget amendment. To install the last remaining potable water main section on Wildflower Way from St. Andrews Boulevard to Lely High School Boulevard for improved potable water reliability to the heavily populated Lely and Lely Resort neighborhoods 9) Recommendation to approve a $529,692 Work Order under Request for Quotation No. 15-6469-4 to Wells & Water System, Inc., under Project Number 70085, “Acidification of Eight Production Wells – Phase 2 Golden Gate Wellfield,” and authorize the necessary budget amendment. To complete well rehabilitation by performing well treatment (acidification) on existing Tamiami wells in the Collier County Water-Sewer District (CCWSD) Golden Gate Wellfield D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to adopt a resolution authorizing the removal of aged accounts receivable in the amount of $114,451.70, considered uncollectible or should otherwise be removed from the financial Page 19 December 11, 2018 records of the Collier County Public Library (CCPL) in accordance with Resolution No. 2006-252. Resolution 2018-211 2) Recommendation to approve a Distribution, Release, and Refunding Agreement for the Harvey M. Shreve Jr., and Sarah Ann Shreve Charitable Remainder Annuity Trust, to accept a distribution from a Trust in the estimated amount of $53,080.56 to the Collier County Public Library, to authorize the County Manager or his designee to execute the distribution agreement and complete any required forms, and to authorize any necessary Budget Amendments. 3) Recommendation to recognize carryforward for interest earned during the period April through September 2018, on advanced library funding received from the Florida Department of State to support library services and equipment for the use of Collier County residents in the amount of $4,006.76. 4) Recommendation to approve the submittal of revised FY18-19 Section 5310 grant application pages to the Florida Department of Transportation (FDOT) for additional equipment to add three (3) mobile radios, three (3) tablets, and one (1) paratransit vehicle. Resolution 2018-211A 5) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for Calendar Year 2019 Older Americans Act (OAA) Programs in the amount of $1,212,820.23 and the required match of $130,165.44. 6) Recommendation that the Board of County Commissioners (Board) declare the Public Transit Advisory Committee (PTAC) member position held by Kerru Dera, to be vacant and direct the County Attorney to prepare a resolution confirming the declaration of vacancy and to publicize the vacancy. Resolution 2018-212 7) Recommendation to approve First Amendment to State Housing Initiative Partnership (SHIP) Program Subrecipient Agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to Page 20 December 11, 2018 increase funding in the amount of $22,500 for Homebuyer Education and Counseling Program for State FY16/17. 8) Recommendation to approve the FY2018-2019 State Aid to Libraries Grant Agreement, Certification, and the Collier County Public Library (CCPL) 2018-2019 Annual Plan of Service. 9) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report for U.S. Department of Housing and Urban Development for Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant for Fiscal Year 2017-2018 as required; approve the Consolidated Annual Performance and Evaluation Report Resolution; and authorize the Chairman to certify the Consolidated Annual Performance and Evaluation Report for submission to U.S. Department of Housing and Urban Development. Resolution 2018-213 Commissioner McDaniel voted “no” on Item #16D10 10) Recommendation to approve Resolutions authorizing the submittal of Federal Transit Administration (FTA) Sections 5310, 5311, and 5339 Rural FY2019/2020 grant applications and applicable documents to the Florida Department of Transportation (FDOT) through FDOT TransCIP to support transit operations and system capital improvements. (Total anticipated fiscal impact of $2,511,158 with a Federal share of $1,585,101.40, State share of $169,840.80, and Local match of $756,215.80.) Resolution 2018-214 (5310) Resolution 2018-215 (5311) Resolution 2018-216 (5339) 11) Recommendation to approve the Collier County University Extension Division’s request for funding from the Collier County 4-H Association in the amount of $79,880; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding (MOU) with Collier County 4-H Association; and authorize the necessary Budget Amendment. For a period beginning January 2019 and ending December 2019 Page 21 December 11, 2018 12) Recommendation to authorize the Chairman to sign the Fourth Amendment to the Starnes Cattle Lease Agreement to extend the term of the lease. Extending the term of the Starnes Cattle Lease at Caracara Prairie Preserve for an additional six (6) months 13) Recommendation to approve award of Request for Proposal (RFP) #18-7470 Services for Seniors Marantha Home Care, Inc., d/b/a A Better Health Care; The ADT Corporation d/b/a ADT, LLC; Summit Home Respiratory Services, Inc. d/b/a Summit Home Healthcare Products; Southern Home Care Services, Inc. d/b/a ResCare, Inc.; VIP America of Southwest Florida, LLC; Bidwell Home Care Service, LLC d/b/a Home Instead Senior Care); Omega Health Services, LLC d/b/a Omega Care Services and Almost Family PC of SW Florida, LLC and authorize the Chairman to execute the attached agreements, as set forth herein. As detailed in the Executive Summary E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to recognize accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of $1,053.22. To appropriate interest earned from April 1 - September 30, 2018 2) Recommendation to award Request for Qualification (RFQ) No. 18- 7443 “Motor Oils, Lubricants, and Fluids” to Palmdale Oil Company and Flamingo Oil Corporation. To supply motor oils, lubrications, and fluids with total expenditures estimated at $85,000 annually 3) Recommendation to award RFP #18-7284 “Credit Card Payment Processing and Related Services” to JetPay Payment Services FL. LLC. As detailed in the Executive Summary 4) Recommendation to authorize the purchase of Zoll Cardiac Monitors under a Request for Proposal (“RFP”) and Agreement issued and approved by Volusia County (RFP #16-P-64AK) and to approve a Page 22 December 11, 2018 Budget Amendment in the amount of $1,450,956.55. 5) Recommendation to approve an Assumption Agreement to AssuredPartners of Florida, LLC, d/b/a IRMS, assigning all rights, duties and benefits, and obligations under Agreement #16-6613 “Property and Casualty Brokerage Services”. 6) Recommendation to approve an Assumption Agreement with Maranatha Home Care, Inc. d/b/a A Better Health Care, assigning all rights, duties and benefits, and obligations under Agreement #12-5856 “Services for Seniors.” 7) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. Includes on-line sales in the amount of $6,073.50 for surplus equipment (net book value of sold items was $1.42); no trade-in value on disposed equipment and a net book value of $.10 cents 8) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. As detailed in the Executive Summary F. COUNTY MANAGER OPERATIONS 1) Recommendation to award an Agreement for Invitation to Bid No. 18-7445 for "Pelican Bay Street Signs Repair Replacement" to American Infrastructure Services, Inc., in the amount of $483,630, and authorize the Chairman to execute the attached agreement. To replace 265 decorative street signs and repair a main community entrance monument damaged by Hurricane Irma 2) Recommendation to provide after-the-fact approval for the electronic submission of the Federal Agency Management Administration (FEMA) Pre-Disaster Mitigation (PDM) grant application to the Florida Division of Emergency Management (FDEM) for hardening the Collier County Sports and Event Complex field house to hurricane Page 23 December 11, 2018 standards in the amount of $9,500,000. Hardening will provide facilities that can serve as safe places before and during an emergency event 3) Recommendation to approve Tourist Development Tax Promotion Funds to support eight upcoming January and February 2019 Sports Tourism Events up to $73,900 and make a finding that this expenditure promotes tourism. As detailed in the Executive Summary 4) Recommendation to approve the submittal of a grant application to Visit Florida in the amount of $22,500 for Collier County’s share of a Red Tide Tourism Recovery Regional Marketing Grant request, authorize the County Manager to accept the award and process any necessary budget amendments and make a finding that this action promotes tourism. Funds will be used for marketing and generate significant out-of- state economic impact for our area and the state of Florida 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. Resolution 2018-217 Moved to Item #11J (Per Agenda Change Sheet) 6) Recommendation to authorize the County Manager to cast two affirmative votes for the Riviera Golf Estates Homeowners Association Board of Directors, to negotiate a contract for the acquisition of the 93-acre golf course and to borrow up to $3.3 million for the land purchase and maintenance equipment for use as a private community park. Collier County owns two (2) lots at 767 and 771 Charlemagne Court in Riviera Golf Estates and thus has two (2) votes it can cast. 7) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. BA #19-115 & #19-116 (Immokalee CRA) Page 24 December 11, 2018 Moved to Item #11K (Per Agenda Change Sheet) 8) Recommendation to adopt a resolution establishing the Collier County Mental Health and Addiction Ad Hoc Advisory Committee. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2019. (AA) Resolution 2018-218 2) Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement Contract No. G0V81 Supplement One with the Florida Department of Transportation for the purchase of a new refueling truck at the Immokalee Regional Airport. (Fiscal Impact: Increase FDOT Participation $38,782; Decrease Local Match $42,497). (AA) Resolution 208-219 H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to direct the County Manager to develop a proposal and submit an application requesting Community Development Block Grant (CDBG) funds to construct infrastructure improvements such as sidewalks and street lights to improve the safety of Broward Street, Texas Avenue, Carolina Avenue and Georgia Avenue, all located in Naples Manor, and authorize the Chairman to execute such application for timely submittal to Collier County’s Community and Human Services Division. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to accept the report of interest for the fiscal year ending September 30, 2018 pursuant to Florida Statute 218.78. 2) To record in the minutes of the Board of County Commissioners, the Page 25 December 11, 2018 check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between November 1 and November 28, 2018 pursuant to Florida Statute 136.06. 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 5, 2018. K. COUNTY ATTORNEY 1) Recommendation to reappoint three members to the Ochopee Fire Control District Advisory Committee Resolution 2018-220: Reappointing Robert Craig, Joel Anthony Davis and Timothy Jon Smith, Sr. 2) Recommendation to appoint two members to the Development Services Advisory Committee. Resolution 2018-221: Appointing Mark McLean (Architect Category) to fill a vacant term expiring December 14, 2020 and John Christian English (Civil Engineering Category) to fill a term expiring December 14, 2019 3) Recommendation to appoint a member to the Radio Road Beautification Advisory Committee. Resolution 2018-222: Appointing Frank W. Cooper (Resides within MSTU) to fill the remainder of a vacant term expiring March 3, 2020. 4) Recommendation to appoint two members to the Lely Golf Estates Beautification Advisory Committee. Resolution 2018-223: Appointing Jacalyn Lowry to fill the remainder of a term expiring October 1, 2022 and Kathleen Slebodnik to fill the remainder of a term expiring October 1, 2021 5) Recommendation to approve a Mediated Settlement Agreement for final compensation in the amount of $94,000 for Parcel 380RDUE, plus $13,826 in statutory attorney fees and costs, and $14,000 for expert fees and costs, in the lawsuit styled Collier County v. George Page 26 December 11, 2018 A. Nestory, et al, Case No. 16-CA-1347, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $64,596) 6) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and Mutual General Release with Hannula Landscape & Irrigation, Inc., in the amount of $28,000, concerning a payment dispute arising under ITB No. 16-6537R, the “Annual Contract for Landscape Maintenance,” for work performed by Hannula between March 28, 2017 and May 2, 2017. 7) Recommendation to authorize the County Attorney to reject the Plaintiff’s proposal for settlement for $100,000.00 in the lawsuit captioned Michaelle Petit-Dort v. Collier County, Florida, Case No. 2018-CA-2356, pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 8) Recommendation to authorize the payment of full compensation in the amount of $14,500 for the taking of Parcel 224RDUE, as determined by the jury in the eminent domain case entitled Collier County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the widening of Golden Gate Boulevard, Project Number 60040. (Fiscal Impact: $6,570) ------------------------------------------------------------------------------------------------------------ 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 Commission members. Should a hearing be held on this item, all participants are Page 27 December 11, 2018 required to be sworn in. Recommendation to approve Petition VAC- PL20170003027 to disclaim, renounce and vacate the County and the public interest in a portion of the conservation easement located in Tract B of Villas at Greenwood Lake, Plat Book 31, Pages 87 through 91 in the public records of Collier County, Florida. The subject property is located in the northwest quadrant of Rattlesnake Hammock Road and County Barn Road, in Section 17, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Item #17B) Resolution 2018-224 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. 93-74 and Ordinance No. 98-73, as amended, the Windsong PUD, to amend the Master Plan to reconfigure the preserve area location on the east side of the PUD, for property located on the northwest corner of the County Barn Road and Rattlesnake-Hammock Road intersection, in Section 17, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37.6 acres; and by providing an effective date. (This is a companion to Agenda Item #17A) Ordinance 2018-57 C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 09-37, the Avow Hospice Community Facility Planned Unit Development; and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 4.89+/- acres of land zoned Residential Single-Family-5 (RSF-5 (0.4)) to the Avow Hospice CFPUD; by adding permitted uses including Individual and Family Social Services (SIC 8322) limited to community centers and adult and/or handicapped day care centers; by adding accessory uses; by amending the master plan; adding deviations; and revising developer commitments. The property is located south of Pine Ridge Road on the west side of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida consisting of 20.55+/- acres; and by providing an effective date. [PL20170002501] Ordinance 2018-58 Page 28 December 11, 2018 D. Recommendation to approve by Ordinance the 2018 Staff-Proposed Out-of- Cycle Growth Management Plan Amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and to Transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20180001205/CPSP-2018-4) Ordinance 2018-59 (FLUE) Ordinance 2018-60 (Housing FLUE) Ordinance 2018-61 (GGAMP FLUE) Ordinance 2018-62 (IAMP) 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 approve an Ordinance amending Ordinance Number 1989-12 and Ordinance Number 81-43, the Youth Haven Planned Unit Development, by adding group housing for seniors as a permitted use, by adding 10 beds for a maximum of 250 group housing beds, and adding acreage; by amending Ordinance Number 2004- 41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 1± acres of land zoned RMF-6 (3) to the Youth Haven Community Facility Planned Unit Development; by amending the master plan and revising developer commitments. The property is located on the south side of Whitaker Road west of Santa Barbara Boulevard in Section 17, Township 50 South, Range 26 East, Collier County, Florida consisting of 25± acres; and by providing an effective date. [PL20180000646] Ordinance 2018-63 F. Recommendation to approve a Resolution renaming Creekside Street to Innovation Drive, which is located in the southwest quadrant of the Immokalee Road and Goodlette-Frank intersection within the Creekside Commerce Park in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [SNR-PL20180002011] Resolution 2018-225 G. Recommendation to approve a Resolution renaming a portion of Creekside Boulevard to Innovation Boulevard. The subject street is located south of Immokalee Road, on the west side of Goodlette-Frank Road, east of the vacated portion of Creekside Boulevard, in Section 27, Township 48 South, Page 29 December 11, 2018 Range 25 East, Collier County, Florida. [SNR-PL20180002012] Resolution 2018-226 H. Recommendation to approve a Resolution renaming Creekside Trail to Arthrex Way. The subject street is located west of Goodlette-Frank Road, on the south side of Immokalee Road, in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [SNR-PL20180002013] Resolution 2018-227 I. Recommendation to adopt an Ordinance creating the Vanderbilt Waterways Municipal Service Taxing Unit for the short-term dredging of Water Turkey Bay as well as the long-term maintenance of the channel. Ordinance 2018-64 J. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. Resolution 2018-228 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383