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Recap 03/09/2021 RPage 1 March 9, 2021 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 March 09, 2021 9:00 AM Commissioner Penny Taylor, District 4 – Chair – CRAB Co-Chair (Telephonically) Commissioner William L. McDaniel, Jr., District 5; - Vice Chair - CRAB Co-Chair Commissioner Rick LoCastro, District 1 Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 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 THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 2 March 9, 2021 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM 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. Invocation by Reverend Sheila Zellers of Motivated by Love Ministries 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 for Commissioner Taylor to participate via zoom – Approved 4/0; Motion to approve todays agenda - Approved and/or Adopted w/changes – 5/0 B. February 9, 2021 BCC Meeting Minutes Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS Page 3 March 9, 2021 A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS • Items #16H1, #16H2 and #16H3 read into the record 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for March 2021 to the Children's Advocacy Center of Collier County. Presented B. Presentation recognizing the heroic efforts of everyone who stepped up to help overcome the unprecedented effects of the COVID-19 Pandemic. Presented C. Recommendation to receive an update on Corkscrew Swamp Sanctuary’s declining dry season water levels and completion of a recent regional investigation on causes and solutions. (Commissioner Taylor) (All Districts) Presented; Motion to bring back as an item on a future BCC Meeting Agenda with staff’s analysis – Consensus 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Daija Hinojosa – COVID vaccine B. Jacqualene Keay – Community Racism C. Christina Heuser - COVID 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item is the second of two hearings. Recommendation to approve an Page 4 March 9, 2021 Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Golden Gate Parkway Overlay District (GGPOD) and eliminate the Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and establish uses, boundaries and design standards, 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; Chapter Two - Zoning Districts and Uses; Chapter 4 - Site Design and Development Standards; Chapter Five - Supplemental Standards; and Chapter 10 - Application, Review, and Decision-Making Procedures; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to agenda Item #16A1). (District 3) Ordinance 2021-14: Adopted w/changes – 5/0 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Board adjusts its current schedule and foregoes the summer break in 2021 to better accommodate the needs of the community. (Commissioner McDaniel) (All Districts) Motion to amend schedule as proposed in the Executive Summary Fails - 2/3 (Commissioner Saunders, Commissioner Solis and Commissioner Taylor opposed) B. Recommendation to appoint the initial membership of the County Government Productivity Committee. (All Districts) Resolution 2021-58: Motion to expand the committee from nine (9) members to eleven (11) and appointing Harold Miller (District 1); Michael Dalby (District 2); Ronald Kezeske (District 3); Larry Magel (District 4); Jeffrey Curl (District 5) with Gerald Godshaw, Michael Lyster, Peter Huff, James Bennett, Ed Staros and Denise Murphy as At Large Members – Adopted 5/0 C. This item to be heard at 10:30 a.m. Recommendation to provide additional staff direction regarding the County Manager recruitment process. (All Districts) Motion to rank top three candidates by Monday, March 15th and bring Page 5 March 9, 2021 back for further discussion at the March 23rd meeting – Approved 5/0 Add-on Item - to be heard no sooner than 1:00 p.m. (Per Agenda Change Sheet) D. Recommendation to discuss issues raised in a recent letter from the US Fish & Wildlife Service. Discussed 11. COUNTY MANAGER'S REPORT A. Recommendation to approve the award of Invitation to Bid No. 21-7848, “Golden Gate Wastewater Treatment Plant High Level Disinfection Improvements,” to Florida Design Contractors, Inc., in the amount of $2,671,000, authorize the Chair to sign the attached construction services agreement and approve the necessary budget amendment [Project Number 70243]. (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (District 3) Approved – 5/0 B. Recommendation to approve an Agreement for Sale and Purchase to acquire 1,046.19 +/- acres located on the Southeast corner of the intersection of Oil Well Road (SR 858) and Camp Keais Road owned by Barron Collier Partnership, LLLP and authorize necessary budget amendments. The total cost for this transaction is $13,634,670. (Roosevelt Leonard, Real Property Management, Facilities Management Division) (District 5) Approved w/stipulations – 5/0 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. Leo Ochs: April 6th BCC Workshop B. Commissioner LoCastro – Collier County Business Page 6 March 9, 2021 C. Commissioner Saunders – Logan Blvd truck traffic ------------------------------------------------------------------------------------------------------------ 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 a resolution amending the administrative code for land development, which was created by Ordinance No. 2013-57, by amending Chapter Six, Waivers, Exemptions and Reductions, more specifically to add section M, Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR - GGPOD); and providing an effective date. (This is a companion to Item #9A). (District 3) Resolution 2021-48 2) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water utility facilities for the Neighborhood Shoppes at Orangetree, PL20200002447. (District 5) 3) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Anguilla at LaMorada, PL20190002084 and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $41,303.10 to the Project Engineer or the Developer’s designated agent. (District 5) 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Heritage Bay Golf & Country Club Phase 1 - Clubhouse Expansion, PL20200002647. (District 3) 5) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112, Application Page 7 March 9, 2021 Number PL20110000452, and authorize the release of the maintenance security. (District 5) Resolution 2021-49 6) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Isola Bella, Application Number PL20180002267, and authorize the release of the maintenance security. (District 2) Resolution 2021-50 7) Recommendation to approve an amendment to the Interlocal Agreement with the City of Naples for Phase II of a joint stormwater, water, and sanitary sewer project between Goodlette-Frank Road and US-41. [Project Number 60142] (District 4) 8) Recommendation to seek approval for electronic submission of a Small County Outreach Program for Rural Areas of Opportunities application with the Florida Department of Transportation to fund a paved shoulder project to improve safety on a segment of Immokalee Road - in the amount of $998,719.31. (District 5) 9) Recommendation to adopt a resolution awarding restoration (R-II) credits in Stewardship Sending Area 6 (“BCI / BCP SSA 6”) within the Rural Lands Stewardship Area Overlay District (RLSA) for restoration activities completed by Barron Collier Investments, Ltd., and Barron Collier Partnership in accordance with the approved restoration plan. (District 5) Resolution 2021-51 10) Recommendation to adopt a resolution awarding restoration (R-II) credits in Stewardship Sending Area 9 (“BCI / BCP SSA 9”) within the Rural Lands Stewardship Area Overlay District (RLSA) for restoration activities completed by Barron Collier Investments, Ltd., and Barron Collier Partnership in accordance with the approved restoration plan. (District 5) Resolution 2021-52 11) Recommendation to authorize the Chairman to sign Collier County Landscape Maintenance Agreements between Collier County and Creekside Hospitality LLC, and between Collier County and RES Page 8 March 9, 2021 Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc., for landscape and irrigation improvements within the Goodlette-Frank Road public right-of-way. (District 2, All Districts) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chairman to execute a Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency (CRA) and MSK 2059, LLC, in the amount of $46,094 for the property located within the Bayshore Gateway Triangle Community Redevelopment Area at 2059 Tamiami Trail East. (District 4) 2) Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency Board (CRAB) approve an After-the-Fact electronic grant application submittal in the amount of $300,000 to the Collier County Community and Human Services FY 2021/2022 Housing and Urban Development (HUD) Community Development Block Grant (CDBG) for the Phase 4 Fire Suppression Project in the Bayshore Gateway Triangle Community Redevelopment Area. (District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to adopt a Resolution and approve a Lease Agreement with Florida State Representative Lauren Melo for use of County-owned office space. (District 5, All Districts) Resolution 2021-53 2) Recommendation to adopt a Resolution and to approve a Lease Agreement with State Representative David Borrero, District 105, for use of County-owned office space at the Golden Gate Customer Service Center in Golden Gate City. (All Districts) Resolution 2021-54 D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to authorize the Chairperson to sign Amendment No. 1 to the FY2020/21 Transportation Disadvantaged Trust Fund Page 9 March 9, 2021 Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged (CTD) to correct a scrivener error by adding an additional line item to Exhibit B (Service Rates) to include the Group Trip Per Passenger rate of $25.87. (All Districts) 2) Recommendation to approve and authorize the Chairman to sign an eight-year Sovereignty Submerged Lands Easement Renewal and Modification with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at Collier Boulevard Boating Park with an effective date of August 15, 2018. (District 5) 3) Recommendation to award Request for Proposal No. 20-7707, “Tigertail Beach Concession Services,” to SSG Recreation, Inc., and approve the attached Revenue Generating Agreement. (District 1) 4) Recommendation to approve an “After-the-Fact” amendment and an attestation statement with Area Agency on Aging for Southwest Florida, Inc., for the Emergency Home Energy Assistance Program to decrease funding in the amount of $45,000 and authorize the supporting Budget Amendment. (All Districts) 5) Recommendation to approve three (3) “After-the-Fact” contract Amendments, corresponding Attestation Statements with the Area Agency on Aging for Southwest Florida, Inc., for the Community Care for the Elderly, Alzheimer’s Disease Initiative and Home Care for the Elderly grant programs for Services for Seniors to increase the allocations and the supporting Budget Amendments. (All Districts) E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to recognize accrued interest from the period October 1, 2020 through December 31, 2020 earned by EMS County Grant and appropriate funds for a total amount of $383.20. (All Districts) 2) Recommendation to recognize accrued interest from the period April 17, 2020 through December 31, 2020 earned by EMS Cares Act Provider Relief Payment and appropriate funds for a total amount of $2,276.67. (All Districts) Page 10 March 9, 2021 3) Recommendation to renew the North Collier Fire Control and Rescue District’s Certificate of Public Convenience and Necessity for Advanced Life Support non-transport services for one year and authorize the Chairman to execute the Permit and Certificate. (All Districts) 4) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) 5) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts ) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY20-21 Adopted Budget. (All Districts) Resolution 2021-55 2) Recommendation to approve the use of Tourist Development Tax Promotion Funds to support the upcoming April 2021 Sports Tourism Event up to $7,750 and make a finding that this expenditure promote tourism. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to approve Owner-Directed Change Order No. 5 to Agreement No. 18-7240, “Marco Executive Airport New Terminal & Associated Improvements,” with West Construction, Inc., in the amount of $43,608.69. (District 1) H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating March 9, 2021 as Gentle'men Against Domestic Violence Day in Collier County. The proclamation will be mailed to Linda Oberhaus, Chief Executive Officer, Shelter for Abused Women & Children. Adopted Page 11 March 9, 2021 2) Proclamation designating March 15 - 21, 2021 as Sunshine Week in Collier County, a time to reaffirm our commitment to providing our residents with transparent, accessible, and honest government operations. A copy of this proclamation will be hand delivered to each Constitutional Officer and each County Commissioner. Adopted 3) Proclamation designating March 15 - 19, 2021 as Government Finance Professionals Week in Collier County, joining in a statewide recognition of government finance professionals. A copy of this proclamation will be hand delivered to the Clerk's Finance and Accounting Department. Adopted I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 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 February 11, 2021 and February 24, 2021 pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 3, 2021. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to reappoint a member to the Contractors Licensing Board. (All Districts) Resolution 2021-56: Re-appointing Robert P. Meister III, (City of Naples Contractor) to a 3-year term expiring February 28, 2024 2) Recommendation to appoint a member to the Water and Wastewater Authority. (All Districts) Page 12 March 9, 2021 Resolution 2021-57: Appointing Eugene Wordehoff (lay member) to fill a vacant term expiring May 21, 2025 3) Recommendation to approve and authorize the Chair to sign a First Amendment to Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., to provide specialized FEMA legal services on an “as needed” basis by exercising the first renewal term and adjusting the current rates, which will remain in effect as revised without further change for the next three years. (All Districts) 4) Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the amount of $5,000 to settle the lawsuit styled Michael Petraitis v. Collier County Board of County Commissioners now pending in the 20th Judicial Circuit in Collier County. (All Districts) ------------------------------------------------------------------------------------------------------------ 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. Recommendation to amend Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), to encourage appointments to advisory boards that better reflect the demographic and geographic population of the County. (All Districts) Ordinance 2021-10 B. Recommendation to consider adoption of an Ordinance establishing the Hyde Park Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. (District 5) Page 13 March 9, 2021 Ordinance 2021-11 C. Recommendation to approve an Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan specifically amending the Future Land Use Element to amend the Bayshore/Gateway Triangle Redevelopment Overlay to allow up to 127 multi -family residential dwelling units in the Camden Landing Residential Planned Unit Development (PL20190001387), and furthermore directing transmittal of the adoption amendment to the Florida Department of Economic Opportunity; and providing for severability and providing for an effective date. The subject property is located at the northeast corner of Bayshore Drive and Thomasson Road, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 9.93± acres; (Adoption Hearing) (This is a companion to agenda Item #17D). (District 4) Ordinance 2021-12 D. This item requires 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 of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) to allow a maximum number of 127 residential dwelling units; by changing the name of the RPUD to Camden Landing RPUD; by adding an amenity area; by revising the master plan; by deleting Exhibit B, the water management/utility plan; by deleting Exhibit C, the location map; by removing statement of compliance and revising project development requirements; by adding a parking deviation for recreational amenities and a deviation to reduce the open space requirement; and by deleting and terminating the affordable housing density bonus agreement. The subject property is located within the residential subdistrict 2 of the Bayshore Mixed-Use Overlay zoning district and is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.93+/- acres; and by providing an effective date. [This is a companion to Agenda Item #17C] [Coordinator James Sabo, AICP Comprehensive Planning Manager] (District 1) Ordinance 2021-13 18. ADJOURN Page 14 March 9, 2021 INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.