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Recap 10/26/2021 RPage 1 October 26, 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 October 26, 2021 9:00 AM Commissioner Penny Taylor, District 4 - Chair – CRAB Co-Chair 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 October 26, 2021 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. Invocation by Reverend Beverly Duncan, Member of the Naples United Church of Christ 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.) Approved and/or Adopted w/changes – 5/0 B. September 23, 2021 BCC Budget Hearing Meeting Minutes Approved as presented – 5/0 C. September 28, 2021 BCC Meeting Minutes Approved as presented – 5/0 Page 3 October 26, 2021 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating November 5, 2021, as "Try Transit Day" in Collier County to raise awareness of the use of Collier Area Transit (CAT) to access various destinations throughout Collier County and that CAT will be offering free bus rides on November 5th. The proclamation will be delivered to Michelle Arnold, Director, Public Transit & Neighborhood Enhancement. Adopted – 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 1) Dr. Richard Schroeder – COVID Vaccine 2) Jessica Bergel – Hockey facilities at Veteran’s Park 3) Daija Hinojosa – Sustainable Development 4) Dan Cook – Remdesivir, COVID vaccines, COVID deaths and Agenda 21 5) Lisa Hunsberger – COVID vaccine mandate 6) Scott Sherman – COVID vaccine 7) Beth Sherman – COVID vaccine; DOH Flyer 8. BOARD OF ZONING APPEALS A. This item requires that ex parte disclosure be provided by Board members. Should a hearing be held on this item, all participants are Page 4 October 26, 2021 required to be sworn in. Zoning Petition - PL20210001723-Estates Shopping Center ASW - Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard, also known as Tracts 143 and 144, Golden Gate Estates Unit No. 11 Subdivision, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (ASW-PL20210001723) (Companion to Items #9A and #9B) (District 5) Resolution 2021-227: Adopted w/stipulations – 4/1 (Commissioner Taylor opposed) 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. Zoning Petition - PUDA-PL20190002354-Estates Shopping Center CPUD – Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2011-30, as amended, by adding commercial, public, civic and institutional uses; or, in the alternative to some uses, adding up to 12 residential dwelling units; reducing commercial square footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation; adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing single commercial use and building size limitations; reducing setbacks and landscape buffer widths; removing phasing and developer commitments; and providing an effective date. The subject property is 41+ acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (PL20190002354) (Companion to Items #8A and #9B) (District 5) Ordinance 2021-40: Adopted w/stipulations - 4/1 (Commissioner Taylor opposed) B. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Estates Shopping Center Subdistrict of the Estates Commercial-District of Page 5 October 26, 2021 the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and Future Land Use Maps to add commercial, public, civic and institutional uses; or, in the alternative to some uses, development of up to 12 single family residential dwelling units; reduce commercial square footage from 190,000 to 50,000 excluding some uses from the maximum square footage limitation; remove outdoor music prohibition; remove single commercial use and building size limitations; reduce setbacks and landscape buffer widths; and remove phasing and developer commitments; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 41± acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (Adoption Hearing) [PL20210002353] (Companion to Items #8A and #9A) (District 5) Ordinance 2021-41: Adopted w/stipulations - 4/1 (Commissioner Taylor opposed) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Zoning Petition - PL20190002356-Randall Curve MPUD - Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Estates (E) Zoning District to a Mixed-Use Planned Unit Development (MPUD) Zoning District for the project to be known as Randall Curve MPUD, to allow development of up to 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations. The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, consisting of 50± acres; and by providing an effective date. (Companion to Item #9D) (District 5) Ordinance 2021-42: Adopted w/stipulations – 5/0 D. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Page 6 October 26, 2021 Plan and the Rural Golden Gate Estates Future Land Use Map and Map Series to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict by changing the designation of the property from the Estates-Mixed Use District, Residential Estates Subdistrict to the Estates-Mixed Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict, to allow uses permitted by right and conditional use in the Commercial Intermediate (C-3) Zoning District and some General Commercial (C-4) uses with a total maximum intensity of up to 150,000 square feet of gross floor area of development, and a maximum of 400 residential dwelling units, except public uses are not subject to the maximum gross floor area limitation; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 50.18± acres and located on the northeast corner of the intersection of Immokalee Road and 4th Street N.E. in Section 22, Township 48 North, Range 27 East, Collier County, Florida. (Adoption Hearing) [PL20210002355] (Companion to Item #9C) (District 5) Ordinance 2021-43: Adopted w/stipulations – 5/0 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (“ITB”) No. 21-7886, “Purchase of 53 Portable 3-Phase Generators,” to LJ Power, Inc., for a total contract amount of $3,893,506.22 and authorize the Chair to sign the attached Agreement (Project No. 33667). (Tom Chmelik, Public Utilities Engineering and Project Management Division Director) (All Districts) Approved – 5/0 B. This Item to be heard no sooner than 1:00 p.m. Recommendation that the Board of County Commissioners discuss the management of County-owned public lands with the Collier Mosquito Control District, as requested. (Introduced by John Mullins, Communications, Government, and Public Affairs Division Director). (All Districts) Motion to continue to the November 9, 2021 BCC Meeting – Approved - 5/0 Continued to the November 9, 2021 BCC Meeting (Per Agenda Change Sheet), Remained on today’s Agenda (Per Board discussion during agenda changes) C. Recommendation to approve the award of Invitation to Negotiation #21- Page 7 October 26, 2021 7898 for “Collier County Sports Complex Management” to Sports Facilities Management LLC and authorize the Chairman to execute the attached agreement (Sean Callahan, Deputy County Manager). (District 5) Motion to accept staff’s rankings, negotiate with #1 ranked firm, and return with a contract at the November 9, 2021 BCC Meeting – Approved – 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. Commissioner Solis – Possible TDC Workshop B. Commissioner Solis – Short term rental ordinance C. Commissioner Solis – Meeting Procedures D. Commissioner LoCastro – Thank you to Michelle Arnold/CAT Team E. Commissioner Saunders – Thank you to John Mullins F. Commissioner McDaniel – Parking lot hazards G. Commissioner Taylor – Against All Odds Award H. Commissioner McDaniel – Phil Brougham passing ------------------------------------------------------------------------------------------------------------ 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 an Amendment to the Cross Easement Page 8 October 26, 2021 Agreement between Strohl Family, LLC, Collier County, and District School Board of Collier County for access and drainage purposes. (Companion to Item #17C) (District 3) 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Artesia Naples, Application Number AR-4794/PL20110001784, acceptance of County maintenance responsibility for Tract “N” of Artesia Naples, and authorize the release of the maintenance security. (District 1) Resolution 2021-219 3) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Manatee Cove - Phase 1A, PL20200001352 and 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. (District 1) 4) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Ranch at Orange Blossom Phase 3A, PL20200000555 and 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. (District 5) 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 minor final plat of Oyster Harbor at Fiddler’s Creek Phase 3B, Application Number PL20210001132. (District 1) 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Valencia Golf and Country Club – Phase 2B, (Application Number PL20210000784) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (District 5) Page 9 October 26, 2021 7) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) and Transportation & CDES Capital Fund (310) in the amount of $469,217.98 (Projects Nos. 60066, 60085, 60088, 69331, 69333, 69336, 69339, and 69338). (All Districts) 8) Recommendation to authorize a budget amendment in the amount of $1,333,776 to transfer funds within the Stormwater Bond Fund (327) from Reserves to the West Goodlette-Frank Joint Stormwater-Sewer Project – Phase 2 (Project No. 60142). (District 4) 9) Recommendation to approve Change Order No. 1 to Contract Number 20-7710, “Plantation Island Waterways Pre-Design Study” with Atkins North America Inc. (Project Number 60238), to extend the length of the contract by 95 days. (District 5) 10) Recommendation to award Request for Professional Services (“RPS”) No. 21-7857, “Design-Build of Golden Gate Parkway over Santa Barbara Canal Bridge Replacement,” to Thomas Marine Construction, Inc., in the amount of $3,527,500 and authorize the Chair to sign the attached Agreement (Project Number 66066). (District 3) 11) Recommendation to approve the release of a code enforcement lien, with an accrued value of $51,818.63, for payment of $2,118.63 in the code enforcement action titled Board of County Commissioners v. Sylvie E. Nutten, relating to property located at 496 Willet Ave, Collier County, Florida. (District 2) 12) Recommendation to approve the after-the-fact submittal of an FY22 Federal Transit Administration Section 5311 American Rescue Plan Grant Application in the amount of $1,105,900 to support transit operations and approve the associated Resolution. (All Districts) Resolution 2021-220 13) Recommendation to approve the Comprehensive Operational Analysis (COA) for Collier Area Transit. (All Districts) 14) Recommendation to approve Third Amendment to Contract No. 18-7382 for Collier Area Transit (CAT) Fixed Route, Demand Page 10 October 26, 2021 Response, and Transit Operations Management Services with MV Contract Transportation, Inc., to allow for a rate increase to address staffing shortages. (All Districts) 15) Recommendation to approve the submittal of the FY21 Program of Projects grant application to the Federal Transit Administration 49 U.S.C. 5307/5339 FY21 for grant funds to support the transit system capital and operating costs in the amount of $3,387,188 through the Transit Award Management System and accept the award and authorize any necessary Budget Amendments. (All Districts) 16) Recommendation to direct the County Attorney to advertise an Ordinance for Collier County Short-Term Vacation Rental Registration Requirements, establishing short-term rental registration requirements for owners of short-term vacation rentals in unincorporated Collier County. (All Districts) 17) Recommendation to authorize the County Manager or his designee to work with the Collier County Tax Collector and pay amounts required to redeem Tax Certificates issued on property acquired as necessary for the Vanderbilt Beach Road Extension Project No. 60168 for an amount not to exceed $10,000. (All Districts) 18) Recommendation to approve the selection committee’s ranking for Request for Professional Services (“RPS”) No. 21-7914, “Verification Testing Services for Vanderbilt Beach Road Extension,” and authorize staff to begin contract negotiations with the top-ranked firm, Johnson Engineering, Inc., so that staff can bring a proposed agreement back for the Board’s consideration at a future meeting. (Project No. 60168) (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve an Agreement for Sale and Purchase with Gail Varney, for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $14,800. (District 5) 2) Recommendation to approve an Agreement for Sale and Purchase Page 11 October 26, 2021 with Geri L. Steckel, Trustee of the Geraldine U. McLaughlin Trust, for 4.61 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $58,500. (District 5) 3) Recommendation to approve an Agreement for Sale and Purchase with Carrie L. Setser, Larry V. Setser, and Ruby L. Setser, for 5.0 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $63,400. (District 5) 4) Recommendation to approve a purchase order to U.S. Water Services Corporation, in the amount of $561,270.71 under Request for Quotation #19-7622-121.02, “Wastewater Pump Station 121.02 Repair and Renovations” (Project Number 70240). (District 2) 5) Recommendation to approve an Easement to Lee County Electric Cooperative, Inc (LCEC). for installation of electric facilities to service the Caxambas Park Community Center on County-owned property located on Marco Island. (District 1) 6) Recommendation to approve the selection committee’s ranking for Request for Professional Services (“RPS”) No. 21-7911, “Design Services for Collier County Mental Health Facility" and to authorize staff to begin contract negotiations with the top ranked firm RG Architects P.A, so that a proposed agreement can be brought back for the Board’s consideration at a future meeting. (District 3) 7) Recommendation to award Invitation to Bid (“ITB”) No. 21-7912, “NCRWTP Chemical Bulk Tank Replacement,” to R2T, Inc., in the amount of $519,556, and authorize the Chair to sign the attached Construction Services Agreement (Project 71066). (All Districts) 8) Recommendation to authorize a budget amendment in the amount of $1,277,800 utilizing Infrastructure Surtax to fund the design and construction of Emergency Medical Services (EMS) Station 412 North Naples. (Project 55213) (District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve an after-the-fact amendment and an attestation statement with Area Agency on Recommendation to approve Page 12 October 26, 2021 an “After-the-Fact” amendment and an attestation statement with the Area Agency on Aging for Southwest Florida, Inc., for the CARES Emergency Home Energy Assistance Program for the Elderly grant program for Services for Seniors to decrease the allocation and the supporting Budget Amendment. (All Districts) 2) Recommendation to approve and authorize the Chairperson to sign the Second Amendment between Collier County and NAMI Collier County, Inc., for the administration of Emergency Solutions Grant CARES Act Funding program. (All Districts) 3) Recommendation to approve and authorize the chairperson to sign one (1) release of lien for an Affordable Housing Density Bonus agreement for a unit that is no longer subject to the terms of the agreement. (All Districts) 4) Recommendation to approve one (1) Release of Liens for full payment of $8,712.70 ($6,970.16 plus interest), pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner-occupied Affordable Housing Dwellings. (All Districts) 5) Recommendation to approve and authorize the chairperson to sign nine (9) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $63,320 and the associated Budget Amendments. (All Districts) 6) Recommendation to approve and authorize the Chairperson to sign two (2) State Housing Initiative Partnership Sponsor Agreements for new construction assistance with FL Star Construction, LLC and Habitat for Humanity of Collier County, Inc., and following construction and upon sale to an eligible homebuyer also approve the Chairperson to release the Sponsor’s promissory note and mortgage. (All Districts) 7) Recommendation to authorize a Budget Amendment in the amount of $195,003 reallocating existing project funding and reserves for the Ann Olesky Park Shoreline project and make the finding that the expenditures promote tourism. (District 5) 8) Recommendation to authorize the Chairperson to sign the second Page 13 October 26, 2021 grant agreement amendment between Collier County and the Florida Department of State Division of Historical Resource for structural stabilization and rehabilitation of the historic Roberts Ranch home at the Immokalee Pioneer Museum at Roberts Ranch. (District 5) 9) Recommendation to approve and authorize the Chairperson to sign the second modification to the Florida Department of Emergency Management Hazard Mitigation Grant #H0371 agreement, to accept $25,949.57 in additional funding. (District 5) 10) Recommendation to extend Agreement No. 14-6274, “Parks and Recreation Activity Management Software Solution” with Active Network LLC for a period of six (6) months or until a new contract is awarded. (All Districts) 11) Recommendation to repeal and replace Resolution No. 87-200 to update and modernize the Collections Management Policy for the Museum Division. (All Districts) Resolution 2021-220A 12) Recommendation to accept a grant donation from an American Endowment Foundation Donor Advised Fund in the amount of $250 for the Collier County Public Library Mail-a-Book Program and authorize the necessary Budget Amendment. (All Districts) E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) 2) Recommendation to reject a late proposal submittal by Club Corp/BigShots for Request for Proposal Solicitation #21-7924, “Construction Manager at Risk for the Golden Gate Golf Course.” (District 3) F. COUNTY MANAGER OPERATIONS Continued Indefinitely (Per Agenda Change Sheet) 1) This item continued from the September 28, 2021 and October 12, Page 14 October 26, 2021 2021 BCC Meeting Agendas. Recommendation to approve and authorize the Chairman to sign the Extension and Amendment of the Agreement with The Partnership for Collier’s Future Economy, Inc. (“Partnership”) in continued support of the established public-private partnership designed to advance the County’s economic development efforts. (All Districts) 2) Recommendation to approve and authorize the Chairman to sign a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida Inc., to provide local match funding in the amount of $75,000 in Fiscal Year 2022. (All Districts) 3) Recommendation to authorize FY 2021 budget amendments to transfer funds, in the amount of $65,000, within Tourist Development Funds (183), (195) and (758) to fund transfers to the Tax Collector for administrative fees related to the collection of tourist development tax revenues. (All Districts) 4) 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. (All Districts) 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the FY21-22 Adopted Budget. (All Districts) Resolution 2021-221 6) Recommendation to approve a Third Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the “Lease”) with CC BSG Naples, LLC (“BigShots”) to Extend the Financing Contingency Period. (District 3) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) Page 15 October 26, 2021 J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to authorize a budget amendment totaling $177,700 from General Fund (001) reserves to the Clerk of the Circuit Court and Comptroller’s Fund (011) to cover Purchase Orders for furniture, electrical and network services that were delayed to the 2022 fiscal year due to supply issues. (All Districts) 2) 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 September 30, 2021 and October 13, 2021 pursuant to Florida Statute 136.06. (All Districts) 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of October 20, 2021. (All Districts) 4) Recommendation to award Request for Proposal (“RFP”) No. 21- 7909, “Arbitrage Rebate,” to BLX Group LLC., with an estimated annual fiscal impact of $25,000.00, and authorize the Chair to sign the attached agreement. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint two members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (District 4) Resolution 2021-222: Appointing John Steven Rigsbee and Kathi Kilburn 2) Recommendation to reappoint a member to the Vanderbilt Beach Beautification MSTU Advisory Committee. (District 2) Resolution 2021-223: Reappointing Mark S. Weber 3) Recommendation to reappoint a member to the Contractors Licensing Board. (All Districts) Resolution 2021-224: Reappointing Patrick G. White 4) Recommendation to appoint three members to the Black Affairs Advisory Board. (All Districts) Page 16 October 26, 2021 Resolution 2021-225: Appointing Darnell Johnson, Deborah Williams, and Jean Paul 5) Recommendation to approve a Stipulated Final Judgment in the amount of $60,000 plus $20,087.01 in statutory attorney fees including apportionment fees and experts’ fees and costs for the taking of Parcel 1270RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 6) Recommendation to approve and authorize payment of statutory attorney’s fees and costs pursuant to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier County’s Eminent Domain action in the total amount of $9,686.80 for the proposed taking of Parcel 1130FEE for the Vanderbilt Beach Road Extension, Project No. 60168. (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 w/changes – 5/0 Continued to the November 9, 2021 BCC Meeting (Per Agenda Change Sheet) A. This item has been continued from the October 12, 2021 BCC Meeting Agenda. Recommendation to adopt an ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. (All Districts) Continued to the December 14, 2021 BCC Meeting (Per Agenda Change Sheet) B. This item has been continued from the September 28, 2021 and October 12, 2021 BCC Meeting Agendas. A Resolution of the Board of County Page 17 October 26, 2021 Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, to increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3, District 5) 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 of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-62, as amended, The Shoppes at Santa Barbara Planned Unit Development by adding dwelling units as a permitted use; by amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Planned Unit Development (CPUD) Zoning District to a Mixed-Use Planned Unit Development (MPUD) Zoning District for the project to be known as The Shoppes at Santa Barbara MPUD, by allowing up to, with a mix to be determined by maximum allowable traffic generation, 150,000 square feet of commercial uses and 242 dwelling units in addition to the previously approved commercial uses; by adding deviations, by revising development standards and amending the master plan. The property is located at the northeast quadrant of Santa Barbara and Davis Boulevards, in Section 4, Township 50 South, Range Page 18 October 26, 2021 26 East, consisting of 18.1± acres; and by providing an effective date. [PL20200002233] (Companion to Item #16A1) (District 3) Ordinance 2021-34 D. 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. Zoning Petition - PL20190002850, Creekside PUDA - Recommendation to approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by adding up to 300 multi-family rental dwelling units as a permitted use in the business district; adding residential development standards including a maximum height of 100 feet; and by amending the master plan and by providing an effective date. The subject multi-family property is in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road, consisting of 28.85± acres and the CPUD is located south of Immokalee Road and both east and west of Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (Companion to Item #17E) (District 2) Ordinance 2021-35 E. Recommendation to approve an Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the Creekside Commerce Park East Mixed-Use Subdistrict by changing the designation of property from UrbanMixed Use District, Urban Residential Subdistrict to Urban-Mixed Use District, Creekside Commerce Park East Mixed-Use Subdistrict to allow 300 multi-family rental dwelling units in addition to non-residential uses. The subject property is located in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, consisting of 9.9± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (Companion to Item #17D) (District 2) Ordinance 2021-36 F. 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- Page 19 October 26, 2021 PL20210000472, to disclaim, renounce and vacate the County and the public interest in a portion of the Drainage Easements, Public Utility Easements, Access Easements and Ave Maria Utility Easements located in Tract “U” of Ave Maria Unit 17, as recorded in Plat Book 49, Page 17 of the public records of Collier County, Florida, in Section 5, Township 48 South, Range 29 East, Collier County, Florida. (District 5) Resolution 2021-226 G. Recommendation to adopt an ordinance to amend Ordinance 2018-04, as amended to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries of the unit to include two parcels within the Courthouse Shadow Planned Unit Development. (District 4) Ordinance 2021-37 H. 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 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) Zoning District within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 to a Mixed-Use Planned Unit Development (MPUD) Zoning District within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 for the project to be known as RCMA Immokalee MPUD, to allow construction of a 250 student childcare center (pre-school), 700 student school, community center and a maximum of 160 multi-family residential dwelling units on property located at the northwest quadrant of Lake Trafford Road and Carson Road, in Section 31, Township 46 South, Range 29 East, consisting of 62.22± acres; and by providing an effective date. [PL20200001827] (District 5) Ordinance 2021-38 I. 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 12-05, the Community School of Naples Community Facility Planned Unit Development (CFPUD) to add acreage Page 20 October 26, 2021 and relocate parking; 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 3.95± acres of land zoned Residential Single Family-3 (RSF-3) to the Community School of Naples CFPUD; by revising the development standards; by amending the master plan and revising developer commitments. The property is located on the west side of Livingston Road and north of Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida consisting of 77± acres; and by providing an effective date. [PL20210000731] (District 2) Ordinance 2021-39 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.