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Agenda 01/22/2019 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 January 22, 2019 9:00 AM Commissioner William L. McDaniel, Jr., District 5 -Chair; CRAB Co-Chair Commissioner Burt Saunders, District 3 – Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Andy Solis, District 2 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 petition 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 th e 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 r ecord includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Division. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue 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.) 3. AWARDS AND RECOGNITIONS 3.A. EMPLOYEE 3.A.1. 20 YEAR ATTENDEES 3.A.1.a. 20 Years, Debbie Wight - Transportation Planning 3.A.2. 25 YEAR ATTENDEES 3.A.2.a. 25 Years, Rich Degalan - Parks & Recreation 3.A.2.b. 25 Years, Paul Passaretti - EMS 3.A.2.c. 25 Years, Martha Vellos - Operations & Regulatory Management 3.A.3. 30 YEAR ATTENDEES 3.A.3.a. 30 Years, Michelle Arnold-Public Transit & Neighborhood Enhancement 3.A.3.b. 30 Years, Danny Dominguez- Road Maintenance 3.A.3.c. 30 Years, Richard Lockerby - Water Department 3.A.4. 35 YEAR ATTENDEES 3.B. ADVISORY BOARD MEMBERS 3.C. RETIREES 3.D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS 4.A. Proclamation recognizing Stephen B. Russell for 16 years of outstanding service as the State Attorney for the Twentieth Judicial Circuit, providing the leadership that has ensured that our circuit enjoys the lowest crime rate of all the judicial circuits statewide; and to wish Stephen well in his retirement after 42 years of dedicated prosecutorial service to the people of Southwest Florida. To be accepted by Stephen B. Russell. 4.B. Proclamation recognizing Naples Zoo for its contributions and concerns regarding the issue of marine debris and its effect on our community. To be accepted by Jack Mulvena, President & CEO of Naples Zoo at Caribbean Gardens. 5. PRESENTATIONS 6. PUBLIC PETITIONS 6.A. Public Petition request from Ms. Marlene Sherman requesting that the Board of County Commissioners repeal Ordinance 2013-43 which expanded the purpose of the Radio Road Beautification MSTU to include the north entrance of the Rich King Memorial Greenway. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 9.A. 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] 9.B. ***This item has been continued from the January 8, 2019 meeting, and further continued to February 12, 2019.*** Recommendation that the Board of County Commissioners adopt: 1) an ordinance amending Ordinance No. 2002-63, which established the Conservation Collier Program, and 2) a resolution superseding and replacing Resolution No. 2007-300 establishing the Collier County Board of County Commissioner’s Purchasing Policy for the acquisition of lands by the Conservation Collier Land Acquisition Program by recognizing that purchases in excess of the price established by the methodology be approved by an extraordinary vote of the Board in accordance with Section 125.355, Florida Statutes. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Recommendation to request a presentation by North Collier Fire District regarding the proposed sale of Fire Station #46 on Pine Ridge Road and Livingston Road. (Commissioner Taylor) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to provide further direction on pursuing A-Category properties from the Conservation Collier ninth acquisition cycle. (Barry Williams, Director, Parks and Recreation Division) 11.B. Recommendation to approve the Marco Island Central Beach Re-Grade Construction Agreement (Solicitation No. 19-7512) to Earth Tech Enterprises, Inc., for a lump sum total of $1,147,000; approve the necessary budget amendment and make a finding that this item promotes tourism. (Gary McAlpin, Coastal Zone Management) 11.C. Recommendation to approve a $2,058,121 contract under the Invitation to Bid No. 18-7473 with Quality Enterprises USA, Inc., “MPS 308 Force Main Improvements” (Project No. 70230), and to authorize the necessary budget amendment. (Tom Chmelik, Public Utilities Engineering and Project Management Director) 11.D. Recommendation to award Request for Proposal No. 18-7429, “Security Services,” to G4S Secure Solutions (USA), Inc., for Countywide security services and authorize the Chairman to execute the attached Agreement with the vendor. (Daniel R. Rodriguez, Deputy Department Head, Public Utilities Department) 11.E. Recommendation to consider an offer to sell the Golden Gate Golf Course in the amount of $28,000,000 to the County; and should the Board wish to proceed, authorize the County Manager, coordinating with the County Attorney, to draft and sign a Purchase and Sale Agreement prior to February 1, 2019. (Nick Casalanguida, Deputy County Manager) 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 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 16.A. GROWTH MANAGEMENT DEPARTMENT 16.A.1. Recommendation to approve final acceptance of the sewer utility facilities for Calusa Pines Golf Clubhouse, PL20180003262. 16.A.2. Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Esplanade Golf and Country Club of Naples, DiLillo Parcel, PL20170000872 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. 16.A.3. Recommendation to approve final acceptance of the potable water and sewer utility facilities for StoneCreek Recreation Site, PL20170001854, 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 $8,651.50 to the Project Engineer or the Developer’s designated agent. 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 amended final plat of Azure at Hacienda Lakes - Phase 2, (Application Number PL20180002205) 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 Crane Point & Bimini Isle, (Application Number PL20180001005) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.6. Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $84,000 which was posted as a guaranty for Excavation Permit Number 60.155, PL20170001434 for work associated with Hadley Place East. 16.A.7. Recommendation to award an Agreement for Invitation to Bid (ITB) No. 18-7454 “Disaster Recovery for Traffic Signals and Roadway Lighting” on an as needed basis to Highway Safety Devices Inc., for services required in the event of an officially declared emergency. 16.A.8. Recommendation to approve a purchase agreement for the acquisition of land (Parcel 139FEE) necessary for the installation of new drainage equipment and maintenance of a weir on the Henderson Creek Canal. (Henderson Creek ROW Project No. 60223) Estimated fiscal impact: $141,345. 16.A.9. Recommendation to accept the 2018 annual report for the Immokalee Impact Fee Installment Payment Pilot Program which provided for installment payments of impact fees for new construction located within the Immokalee Community Redevelopment Area. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.B.1. Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve an Amendment to the Lease for Bayshore Gateway Triangle CRA future office located at 2348 Pineland Drive with Chrishella III, LLC and authorize the Chairman to sign. 16.B.2. Recommendation that the Board, acting as the Community Redevelopment Agency Board (CRAB), approve and authorize the Chairman to sign First Amendment to Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency and Tennessee Jed, LLC and Robert March d/b/a Harborside Animal Clinic correcting the Scrivener’s error identified in the original agreement approved June 12, 2018 by changing the project completion dates to June 11, 2019. 16.B.3. Recommendation that the Board, acting as the Community Redevelopment Agency Board (CRAB), approve and authorize the Chairman to sign First Amendment to Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency and Naples 2.0 LLC (Celebration Food Truck Park), correcting the Scrivener’s error identified in the original agreement approved June 12, 2018 by changing the project completion dates to June 11, 2019. 16.B.4. Recommendation to authorize staff to negotiate a contract with AECOM Technical Services Inc., for CEI (Construction Engineering Inspection) services associated with the Thomasson Drive Beautification Project. 16.C. PUBLIC UTILITIES DEPARTMENT 16.C.1. Recommendation to authorize a budget amendment to reallocate existing funding from Personal Services to Operating Expenses to provide technical assistance to Everglades City as the City’s consultant regarding management of the Everglades City Utility System. 16.C.2. Recommendation to approve the First Amendment to Construction Agreement #16-6638 with Mitchell & Stark Construction Co., Inc., to allow the Vanderbilt Drive Cul-de-sacs Public Utility Renewal Project to continue in areas destabilized by Hurricane Irma. 16.C.3. Recommendation to authorize the necessary budget amendments to purchase utility pipe, valves and fittings in advance of the “Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines Project" (Project No. 70194). 16.C.4. Recommendation to approve the selection committee rankings and authorize entering into negotiations with the Mitchell and Stark, Inc./Johnson Engineering, Inc. team for a contract related to Request for Professional Services Number 18-7474, "Design-Build of Northeast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines." 16.D. PUBLIC SERVICES DEPARTMENT 16.D.1. Recommendation to accept and ratify fee waivers granted by the Director of Domestic Animal Services for the period of July 1, 2018, through September 30, 2018, in accordance with the process established by Resolution No. 2018-106 in the amount of $1,515. 16.D.2. Recommendation to authorize a Budget Amendment within Parks Capital Fund (306), from Community Park Playground Maintenance, Project 80305 to Vineyards Community Park Playground, Project 80402. 16.D.3. Recommendation to authorize the necessary Budget Amendments from Fund (303), Florida Boating Improvement Reserves, to Parks Boating Improvement Capital, Project #80398 Marina Fuel Tanks in the amount of $65,000. 16.D.4. Recommendation to approve an after-the-fact one-time Budget Amendment in the amount of $500 for a cumulative grant total of $55,022 for the operation of the Collier County Retired and Senior Volunteer Program (RSVP) from the Corporation for National and Community Services (CNCS) and authorize staff to electronically submit the authorization, assurances, and certifications. 16.D.5. Recommendation to: (1) approve substantial amendments to Collier County's U.S Department of Housing and Urban Development (HUD) Annual Action plans for FY2017-2018 and FY2018-2019, (2) approve a contract amendment to increase funding and modify the performance period of the Collier County Housing Authority Tenant Based Rental Assistance (TBRA) Program, and (3) approve a contract amendment adding clarifying language for an exercise station activity in Anthony Park with the City of Naples. 16.D.6. Recommendation to approve one (1) release of lien for full payment of deferral of 100% of Countywide impact fees for an owner-occupied affordable housing dwelling unit. 16.D.7. Recommendation to approve one State Housing Initiatives Partnership (SHIP) Program Impact Fee release of lien in the amount of $13,149.98 for the associated owner-occupied affordable housing dwelling unit where the obligation has been repaid in full. 16.D.8. Recommendation to approve three (3) amendments to declaration of restrictive covenants executed by Youth Haven, Inc., to ensure compliance with 24 CFR 570.505. 16.D.9. Recommendation to approve three (3) satisfactions of mortgage for the State Housing Initiatives Partnership (SHIP) loan program in the amount of $37,250. 16.D.10. Recommendation to approve one (1) mortgage satisfaction for ABLE Academy, a Community Development Block Grant (CDBG) Loan in the amount of $515,000. 16.D.11. Recommendation to authorize payment of outstanding Invoice Number 1239 to Carter Fence Company, Inc. (Carter Fence) for chain link fence repairs at the North Collier Regional Park (NCRP) in the total amount of $8,315. 16.D.12. Recommendation to award Invitation to Bid No. 19-7546 to Compass Construction, Inc., for the East Naples Community Park Pickleball Courts Resurfacing Project, in the amount of $143,156. 16.D.13. Recommendation to terminate for convenience Agreement No. 15-6424 for the Scheduling and Dispatch Management Services Contract for Collier Area Transit (CAT) Fixed Route and Paratransit Program with Medical Transportation Management, Inc., d/b/a Southeast MTM, Inc., and to approve the Second Amendment to Agreement No. 15-6424, related to the Management Services Contract for the CAT Fixed Route and Paratransit Program with MV Contract Transportation, Inc., providing for the assumption of the Customer Service, Scheduling, and Dispatching functions of the CAT System. 16.E. ADMINISTRATIVE SERVICES DEPARTMENT 16.E.1. Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Green Effex, LLC under Agreement #16-6555 “Ground Maintenance for Facilities Management Division.” 16.E.2. Recommendation to approve the addition of three (3) classifications, the modification of one classification, the deletion of one classification and one reclassification to the 2019 Fiscal Year Pay & Classification Plan made between October 1, 2018 and December 31, 2018. 16.E.3. Recommendation to select Christina Harding-Cruz as the recipient of the 2019 “Against All Odds” award and to present the award at a future Board of County Commissioners meeting. 16.E.4. Recommendation to approve a one-year extension to the Service Learning Agreement with the Florida Gulf Coast University Board of Trustees (FGCU) and authorize the Chairman to execute the agreement. 16.E.5. Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. 16.E.6. Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. 16.F.2. 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. 16.F.3. Recommendation to approve a reimbursement in the amount of $50,375.04 to Ave Maria Development, LLLP, for impact fees paid on January 28, 2008, for cancelled Building Permit Number 2006063564 for a Medical Office Building originally proposed for Folio #22671201708, which property was recognized by the Board of County Commissioners to be transferred from Ave Maria Development LLLP to Collier County for the development of a Public Safety Center to serve Ave Maria and surrounding area with EMS, Sheriff and Fire services. 16.F.4. Recommendation to extend a single source waiver and approve $125,000 in expenditures with Visit Florida for the balance of FY19 for destination marketing programs and make a finding that this expenditure promotes tourism. 16.F.5. Recommendation that the Board adopt a resolution certifying that the Earn to Learn FL project is consistent with local plans and regulations, including the County’s adopted Comprehensive Plan. 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Proclamation recognizing and honoring Dr. Judith and Mr. Samuel Friedland for their many economic, religious and cultural contributions. Commissioner Solis will present this proclamation at a ceremony hosted by the Jewish Historical Society of Southwest Florida on January 28, 2019. 16.I. MISCELLANEOUS CORRESPONDENCE 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. 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 December 27, 2018 and January 9, 2019 pursuant to Florida Statute 136.06. 16.J.2. Report to the Board regarding the investment of County funds as of the quarter ended December 31, 2018. 16.J.3. Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of January 16, 2019. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to appoint two members to the Library Advisory Board. 16.K.2. Recommendation to appoint three members to the Affordable Housing Advisory Committee. 16.K.3. Recommendation to approve a Fifth Amendment to Agreement for Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firm of Fixel & Willis extending the expiration date to April 22, 2021. There is no new fiscal impact associated with this Amendment. 16.K.4. Recommendation that the Board set the balloting date of March 1, 2019 for the recommendation of members to the Pelican Bay Services Division Board by record title owners of property within Pelican Bay. 16.K.5. Recommendation to approve and authorize the Chairman to execute a Retention Agreement for legal services on an “as needed” basis with the law firm of Boy Agnew Potanovic, PLLC and to execute the letter of representation as requested by Henderson Franklin. 16.K.6. Recommendation to approve a Mediated Settlement Agreement for final compensation in the amount of $30,464 for Parcel 406RDUE, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. GG1 Naples, LLC, et al, Case No. 17- CA-1407, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $25,834) 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. 17.A. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. 17.B. 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-PL20180002479 to disclaim, renounce and vacate the County and the public interest in the parcel of land used as a public right-of-way as recorded in Official Record Book 120, Page 187 of the public records of Collier County, Florida, The parcel is located directly south of the Smallwood Drive right-of-way in Chokoloskee, Florida in Section 31, Township 53 South, Range 30 East, Collier County, Florida. 17.C. 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 make changes consistent with Board direction, including revising the affordable housing definition, updating the terminology and income levels associated with affordable housing categories, and increasing the maximum affordable density bonus from 8 to 12 dwelling units per acre, 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 2.06.01 Generally, Section 2.06.02 Purpose and Intent, Section 2.06.03 AHDB Rating System, Section 2.06.04 Limitations on Affordable Housing Density Bonus, Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, and Section 2.06.06 Violations and Enforcement; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. 18. ADJOURN Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at 252-8383.