Loading...
Recap 12/14/2021 RPage 1 December 14, 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 December 14, 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 December 14, 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 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. November 9, 2021 - BCC Meeting Minutes Approved as presented – 5/0 C. November 12, 2021 - BCC Meeting Minutes Approved as presented – 5/0 Page 3 December 14, 2021 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) Recommendation to recognize Angela Klein, in the Public Utilities Department, Solid & Hazardous Waste Management Division as the November 2021 Employee of the Month. (All Districts) Presented B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS (Read into the Record) A. Proclamation recognizing January 14, 2022, as Rev. Dr. Martin Luther King, Jr. Prayer Breakfast Day. To be accepted by Tamika Seaton, Wynn Watkins, and Bishop Ricneal. B. Proclamation recognizing Santé Plus Medical Center for the grand opening of a new medical clinic in Immokalee, Florida. The proclamation will be accepted by Marjorie Williams, Board Certified Family Nurse Practitioner, Chief Operating Officer/Risk Management Director, Santé Plus Medical Center. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2021 to the Guardian ad Litem Foundation - 20th Judicial Circuit. The award will be accepted by Jessica Stanfield, Executive Director and Bruce Greenberg, Board Chairman. Also present is Bethany Sawyer, Vice President of Membership, Greater Naples Chamber of Commerce. Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 4 December 14, 2021 A. Elizabeth Radi – Affordable Housing in Naples B. Julisa Rodriguez – Affordable Housing in Naples C. Sarah Charles – Affordable Housing in Naples 8. BOARD OF ZONING APPEALS Items under #8 and #9 to be heard no sooner than 1:00 p.m., unless otherwise noted. Online registered speaker allowed to cede time to fellow online speaker - Consensus 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 be sworn in. Zoning Petition - CU-PL20190001326-Iglesia Pentecostes Peniel Church CU, Recommendation to approve an Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow a 100-seat church within an Estates (E) zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for a 5.15+/- acre property located on the northwest corner of 8th Street NE and 22nd Avenue NE in Section 27, Township 48 South, Range 27 East, Collier County, Florida. (PL20190001326) (This is a companion to Item #9B) (District 5) Resolution of Denial: 2021-260 – Adopted 4/1 (Commissioner Solis opposed) 9. ADVERTISED PUBLIC HEARINGS A. This Item to be heard at 10:00 am. A Resolution repealing all prior County Commission District boundaries and establishing new County Commission District boundaries in accordance with Chapter 124, Florida Statutes and the Florida Constitution. (All Districts) Resolution 2021-257: Motion to approve Redistricting Map 2 - Adopted 3/2 (Commissioner LoCastro and Commissioner McDaniel opposed) Online registered speaker allowed to cede time to fellow online speaker - Consensus B. 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 Plan Element and Rural Golden Gate Estates Future Land Use Map and Map Series; by amending the Estates- Page 5 December 14, 2021 Mixed Use District to add the 8th Street NE-22nd Avenue NE Subdistrict to allow a 100-seat church as a conditional use. The subject property consists of 5.15± acres and is located on the northwest corner of 8th Street NE and 22nd Avenue NE in Section 27, Township 48 South, Range 27 East, Collier County, Florida; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20190001333] (This is a companion to Item #8A) (District 5) Resolution of Denial 2021-261 – Adopted 4/1 (Commissioner Solis opposed) C. Recommendation to approve a Resolution 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 to change the Mixed-Use District, Collier Boulevard Community Facility Subdistrict to the Mixed Use District; Collier Boulevard Lord’s Way Mixed Use Subdistrict; to increase the maximum dwelling units from 306 to 690 with some affordable housing; to remove childcare facilities as an allowed use and allow the church to continue as an interim use for up to 5 years; and furthermore directing transmittal of the amendment to the Florida Department of Economic Opportunity. The subject property is located on the northeast corner of the intersection of Collier Boulevard and Hacienda Lakes Parkway formerly known as Lord’s Way, in Section 14, Township 50 South, Range 26 East, consisting of 69± acres. [PL20200000115] (District 1) Resolution 2021-262 - Adopted 4/1 (Commissioner Taylor opposed) D. Recommendation to adopt an amendment to Ordinance 2005-44, as amended, known as the “Collier County Litter, Weed, and Exotics Control Ordinance,” regulating the use, stockpiling or accumulation of construction and demolition debris and other inert waste material. (All Districts) Ordinance 2021-48 – Adopted 5/0 Moved from Item #17H (Per Agenda Change Sheet) E. This item has been continued from the September 28, 2021, October 12, 2021, and October 26, 2021 BCC Meeting Agendas. A Resolution of the Board of County 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 Page 6 December 14, 2021 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) Motion to continue to a future meeting to be specified by County Manager at the January 11, 2022 BCC Meeting – Approved 5/0 Moved from Item #17A (Per Agenda Change Sheet) F. This item has been continued from the October 12, 2021, October 26, 2021, and November 9, 2021 BCC Meeting Agendas. 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) Ordinance 2021-49 Adopted w/changes - 5/0 Move from Item #17E (Per Agenda Changes Per Commissioner Saunders G. This item requires that ex parte disclosure be provided by BZA members. Should a hearing be held on this item, all participants are required to be sworn in. Petition CU-PL20190002859-4111 Green Blvd Tower CU, Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a communications tower within the Estates (E) Zoning District pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.73± acre property located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125 of Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (CU-PL20190002859) Page 7 December 14, 2021 [Coordinator: Ray Bellows, AICP, Zoning Manager] (This is a companion to VA-PL20200000721) (District 3) Resolution 2021-258 Adopted - 5/0 Move from Item #17F (Per Agenda Change Sheet Per Commissioner Saunders) H. This item requires that ex parte disclosure be provided by BZA members. Should a hearing be held on this item, all participants are required to be sworn in. Petition VA-PL20200000721-4111 Green Blvd Tower Variance, Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from 367.5 feet to 131 feet for the western residential property, located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125, Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (VA-PL20200000721) [Coordinator: Ray Bellows, Zoning Manager] (This is a companion to CU-PL20190002859) (District 3) Resolution 2021-259 Adopted – 5/0 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (“ITB”) No. 21-7918, to Andrew Sitework, LLC, in the amount of $1,546,350.00, approve the necessary budget amendment, and authorize the Chair to sign the attached Agreement for the Trail Boulevard Water Main Improvements Phases 2 & 3, Project #70181. (Ben Bullert, P.E., Public Utilities Principal Project Manager) (District 2 Approved – 5/0 B. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy to update parking fees, boat launch fees, boat launch permit fees, and establishing new fees and requirements for both recreational and commercial users in order to support management strategy implementation for Collier County Parks and Recreation Facilities (Estimated Fiscal Impact $1,017,291, General Fund Page 8 December 14, 2021 001). (Kim Grant, Director, Operations and Veteran Support) (All Districts) Resolution 2021-263: Motion to approve the fee schedule and directing staff to work with County Attorney’s Office and the concessionaire to negotiate an agreement for consideration – Adopted 5/0 C. Recommendation to award Invitation to Bid (“ITB”) No. 21-7935, “Wiggins Pass and Doctors Pass Dredge 2021-2022,” to Waterfront Property Services, LLC d/b/a Gator Dredging, in the amount of $2,197,180.00, authorize the Chair to sign the attached Agreement and approve the attached budget amendments. (County-Wide Capital Projects Fund 301/TDC Beach Renourishment and Pass Maintenance Fund 195, Project Nos. 80288 & 90549) (Andrew Miller, P.E., Manager - Coastal Zone Management, GMD) (All Districts) Approved – 5/0 D. This Item to be heard at 11:30 a.m. Recommendation to direct staff to evaluate and bring back a report on a potential animal services collaboration between the County and the Humane Society of Naples. (Dan Rodriguez, Public Services Department Head) (All Districts) Motion directing staff to collaborate with the Humane Society – Approved - 5/0 E. Recommendation to accept staff’s progress update and path moving forward for the Golden Gate Golf Course project and anticipated timeline for golf course construction and authorize all necessary budget amendments. (Geoff Willig, County Manager's Office Operations Analyst) (All Districts) Motion to approve staff’s recommendation – Approved 4/1 (Commissioner McDaniel opposed) F. Recommendation to approve payment to Paradise Advertising for $555,354 in expenses incurred in FY 2021, which provided incremental tourism destination marketing and advertisement during the COVID Pandemic. (Mark Isackson, County Manager) (All Districts) Approved – 5/0 Added (Per Agenda Change Sheet G. Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (all Districts) Approved – 5/0 Page 9 December 14, 2021 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K3 (Per Commissioner Saunders during Agenda Changes) A. Recommendation to appoint three members to the Parks and Recreation Advisory Board. (All Districts) Resolution 2021-264: Appointing Jessica Bergel and Reappointing Kristina Heuser and Paul DeMarco and appointing Donna Fiala as an alternate non-voting member - Adopted w/changes - 5/0 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 McDaniel – Correction to Item #11D comments B. Commissioner McDaniel – Regarding boat launch Item #11B C. Commissioner Taylor – Assess 18th Avenue Beach D. Commissioner Taylor – Naples Depot baggage car E. Commissioner Taylor – Joint Workshops F. Commissioner Taylor – County-wide celebration of the Arts 2022 G. Commissioner Taylor – Boardroom Artwork ------------------------------------------------------------------------------------------------------------ 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 final acceptance of the potable water and Page 10 December 14, 2021 sewer utility facilities and accept the conveyance of a portion of the potable water and all of the sewer utility facilities for Allura, PL20210000371. (District 2) 2) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Azure at Hacienda Lakes - Phase 2A2, PL20190002079 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) 3) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Azure at Hacienda Lakes - Phase 2B1 & 2B2, PL20190002955 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 a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esplanade Golf and Country Club of Naples Dilillo Parcel, Application Number PL20160000536; and authorize the release of the maintenance security. (District 5) Resolution 2021-239 5) Recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of a portion of the sewer utility facilities for Freedom Square, PL20210001815.) (District 1) 6) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fronterra Phase 1, Application Number PL20150001982, and authorize the release of the maintenance security. (District 3) Resolution 2021-240 7) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fronterra Phase 2, Application Number PL20170001195, and authorize the release of the maintenance security. (District 3) Resolution 2021-241 Page 11 December 14, 2021 8) Recommendation to approve final acceptance of the potable water and sewer facilities for Milano Lakes, PL20180000385, accept the conveyance of a portion of the potable water facilities, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $51,744.10 to the Project Engineer or the Developer’s designated agent. (District 1) 9) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of a portion of the potable water utility facilities for the Wyndemere Country Club Turf Center Phase 2 PL20210001423. (District 4) 10) 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 Faerber Estates, Application Number PL20200002564. (District 3) 11) 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 Isles of Collier Preserve Phase 17 (Application Number PL20210001454) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $4,779,184.30. (District 4) 12) Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida requesting an easement from the State of Florida, Board of Trustees of the Internal Improvement Trust Fund (TIITF), for the purpose of constructing, operating, and maintaining infrastructure associated with the Griffin Road Area Stormwater Improvement Plan (GRASIP) Phase 2 project in an amount less than $1,300. (District 4) Resolution 2021-242 13) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $522,700 which was posted as a guaranty for Excavation Permit Number PL20180002419 for work Page 12 December 14, 2021 associated with Brentwood Lakes (f/k/a TwinEagles South – Phase 1). (District 5) 14) Recommendation to approve the release of a code enforcement lien with a value of $35,323.50 for payment of $723.50 in the code enforcement action entitled Board of County Commissioners v. Peter A. Atsales, relating to property located at 743 Provincetown Drive, Collier County, Florida. (District 4) 15) Recommendation to approve the release of a code enforcement lien with an accrued value of $141,034.74 for payment of $500 in the code enforcement action titled Board of County Commissioners v. Terry Dilozir, relating to property located at 4913 18th Ave SW, Collier County, Florida. (District 3) 16) Recommendation to approve the release of a code enforcement lien with an accrued value of $126,973.50 for payment of $3,000 in the code enforcement action titled Board of County Commissioners vs. Ullahs Properties, LLC, relating to property located at 1134 Trail Terrace Dr, Collier County, Florida. (District 4) 17) Recommendation to approve the release of two code enforcement liens, with an accrued value of $625,450 for payment of $13,080.07 in the code enforcement actions titled, Board of County Commissioners v. William M. Stonestreet, relating to property located at 43 Twin Palms Drive, Collier County, Florida. (District 1) 18) Recommendation to approve a Resolution amending Resolution 2006- 160, as amended, the policies, and procedures for: 1) the closing and vacation of road rights-of-way; 2) the vacation and annulment of plats or portions of plats of subdivided land; 3) the extinguishment of public easements conveyed by separate instrument recorded in the public records (conveyances other than on a subdivision plat) on platted or unplatted land except for public roads, or the exchange of real property. (All Districts) Resolution 2021-243 19) Recommendation to approve Department of Environmental Protection (DEP) Agreement No. LPA0154 to recognize grant funding in the amount of up to $250,000 for the Collier County Lake Park Blvd. Page 13 December 14, 2021 Capital Improvements and Water Quality Flow Way, Project Number 60246, Grant Fund (711). (District 1) 20) Recommendation to approve and authorize the Chairman to sign the FY21-22 Federal Transit Administration (FTA) Section 5310 Grant award contract for the Collier Area Transit (CAT) system and the Transportation Disadvantaged Program in the amount of $250,641 (Transit Grant Match Fund 429), authorize the necessary Budget Amendment, and authorize the County Manager or designee to execute any and all documents necessary to receive the award. (All Districts) 21) Recommendation to approve the Second Amended and Restated Bentley Village Redevelopment Agreement between the Collier County Board of County Commissioners and CC-Naples, Inc., a Delaware Corporation (the “Owner”), for the partial redevelopment of the Bentley Village, a continuing care retirement community (“CCRC”) in the Retreat at Naples Planned Unit Development (“Retreat PUD”), Ordinance Number 97-71. (District 2) 22) Recommendation to award Invitation to Bid (“ITB”) No. 21-7928 “Sod & Services” to Leo’s Sod, LLC., and authorize the Chair to sign the attached agreement. The anticipated annual spend is estimated at $650,000.00. Road Maintenance Division budgets for these expenditures in Funds (103), (111), and (112). (All Districts) 23) Recommendation to approve an extension for completion of required subdivision improvements associated with Esplanade Golf and Country Club of Naples (PL20120001261) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). (District 3) 24) Recommendation to approve the selection committee’s ranking for Request for Proposal (“RFP”) #20-7811, “Immokalee Area Improvements - TIGER Grant,” and authorize staff to begin contract negotiations with the top ranked firm, Quality Enterprises USA, Inc., so that staff can bring a proposed agreement back for the Board’s consideration at a subsequent meeting. (District 5) 25) Recommendation to support the Florida Department of Transportation Page 14 December 14, 2021 application process for official designation of US Bicycle Route 15 in Collier County and provide a letter of support for the bicycle route, including a map and description of the proposed bicycle route alignment. There is no fiscal impact associated with this application or designation. (All Districts) 26) Recommendation to award Request for Professional Services (“RPS”) No. 21-7880 for “CEI Services for Golden Gate Parkway over Santa Barbara Canal Bridge Replacement” to Hardesty & Hanover Construction Services, LLC, for a total not to exceed amount of $456,008.52 (Gas Tax) and authorize the Chair to sign the attached agreement. (District 3) 27) Recommendation to approve the electronic submittal of grant applications to the Florida Department of Transportation for the Federal Transit Administration Programs 5311 and 5339 Rural for FY2022/2023 and approve the associated Resolutions to support transit system capital improvements in the amount of $1,364,815 (Local Commitment of $119,952 supported by General Fund (001) Annual Transfer) (All Districts) Resolution 2021-244 (5311) Resolution 2021-245 (5339) 28) Recommendation to approve the submittal of a Derelict Vessel Removal grant application to the Florida Fish and Wildlife Commission for the removal of ten (10) derelict vessels from Collier County waterways in the amount of $160,260.00 and authorize the Chairman to execute the grant application. (All Districts) 29) Recommendation to approve and authorize the Chairman to sign a City of Naples - Naples Municipal Dock Recreational Boat Slip Rental License Agreement (“Agreement”) at the Naples City Dock for Coastal Zone’s Vessel extending for five years in the amount of $7,824.00 per year with sufficient budget appropriated within the Unincorporated Area General Fund. (All Districts) 30) Recommendation to provide after-the-fact approval for the submittal of a Big Cypress Basin Regional Partnership Program grant application for the Carson Road Stormwater Treatment Area facility in the amount of $720,000 with a local match commitment of Page 15 December 14, 2021 $3,280,000. [Project No. 60143; Stormwater 2020 Debt Funding (327); $3,280,000] (District 5) 31) Recommendation to provide after-the-fact approval of the first amendment to Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No. 21085 under the Bulk Derelict Vessel Removal Program, extending the expiration date to February 4, 2022 (Project #33771). (All Districts) 32) Recommendation to provide “After-the-Fact” approval of the grant amendments for Agreement No. LPA0008 for the Plantation Island Hurricane Irma Waterway Recovery Project (Project No. 60238), between the Department of Environmental Protection, and Collier County. There is no fiscal impact associated with this application or designation. (All Districts) 33) Recommendation to approve the Amended and Restated Developer Agreement with WPPI Naples TF LLC and TBC Tree Farm I, LLC that will allow for the design, right-of-way and construction of intersection improvements on Collier Boulevard Extension at the future Government Center Complex/Tree Farm Planned Unit Development entrance and cost sharing and reimbursement plan. (Estimated Fiscal Impact: $443,582 Gas Tax Fund 313) (District 3) 34) Recommendation to approve, after the fact, the acceptance of a Florida Beautification grant award from the Florida Department of Transportation (FDOT) for a median improvement project for a portion of State Road 45, US 41 North (Lee/Collier County Line to Vanderbilt Beach Road) for an award in the amount of $100,000 for construction installation and approve associated budget amendments (Landscape Fund 112). (District 2) 35) Recommendation to approve, after the fact, the acceptance of a Florida Beautification grant award from the Florida Department of Transportation (FDOT) for an award of $100,000; and accept a separate FDOT Beautification award for $865,000 for landscape and irrigation improvements on portions of State Road 84 (Davis Boulevard) from Santa Barbara Boulevard to Collier Boulevard and approve all necessary budget amendments (Landscape Fund 112). (District 3) Page 16 December 14, 2021 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve a Memorandum of Agreement (Agreement) between the State of Florida, Department of Economic Opportunity (DEO) and Collier County specifying the terms and conditions of the Immokalee community as a participating member of the South Central Rural Area of Opportunity (RAO) through June 28, 2026, appoint designated contacts for Collier County as identified in Exhibit A to the Agreement and authorize the Chairman to sign the Agreement. (District 5) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the proposed offer from the State of Florida Department of Environmental Protection to resolve civil penalties in the amount of $44,066.05 and $500 administrative fee, for violations of Chapter 403 Florida Statutes and Rules 62-620 and 62- 604, Florida Administrative Code. (Water - Sewer District Operating Fund 408) (All Districts) 2) Recommendation to award an agreement for Request for Professional Services (“RPS”) No. 21-7904, “CEI Services for Hamilton Avenue,” to Johnson Engineering, Inc., for a total not to exceed amount of $390,539, authorize the Chair to sign the attached agreement, and approve a $400,000 budget amendment from General Fund reserves or existing General Fund appropriations setting up an advance to Boater Improvement Fund (303) which will provide sufficient cash for the desired CEI services. (District 4) 3) Recommendation to approve the issuance of a Purchase Order in the amount of $273,653.00 for Proposal #9609, under Agreement No. 19- 7592, Building Automation Energy Management Services, from Juice Technologies, Inc. d/b/a Plug Smart, to replace the current proprietary N2 Johnson Controls BMS with new BACnet Reliable Controls at the Immokalee Jail. (Project No. 50221) (District 5) 4) Authorize a budget amendment in the total amount of $75,000 to Project Number 70185, “YMCA Road AC Water Main Replacement” Page 17 December 14, 2021 to reallocate funding within the Water User Fee Capital Project Fund (412). (District 2) 5) 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 $6,483.37 within Water-Sewer District Operating Fund (408) and Mandatory Collections Fund (473). (All Districts) Resolution 2021-246 6) Recommendation to approve and execute documents necessary for the conveyance of a Utility Easement for potable water infrastructure on County owned property located at the Collier County Sports Complex and Events Center, 3920 City Gate Blvd N, to the Collier County Water-Sewer District. (All Districts) 7) Recommendation to award Request for Quotation (“RFQ”) #2109-004 for “Clearing\Grubbing & Exotic Removal at the Resource Recovery Business Park,” under Agreement No. 18-7459, to A+ Environmental, LLC for $300,970.70, authorize staff to open a Work Order in that amount, and to approve the necessary budget amendment. (Project #59007.1) (District 5) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for Calendar Year 2022 Older Americans Act Programs in the amount of $1,257,041.36 and the estimated cash match of $77,788.09. The vendors will also provide the estimated match in the amount of $56,135.56. (Human Service Grant Fund 707) (All Districts) 2) Recommendation to approve two (2) “After-the-Fact” amendments and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Older American Act grant program for the Collier County Services for Seniors to increase the contract amount for services for Title IIIB, revise Attachment II-Exhibit 2 Funding Summary and Revise Attachment VIII Budget and Rate Summary and supporting Budget Amendments. (Net Fiscal Impact $70,741.69, Human Services Grant Fund 707) (All Districts) Page 18 December 14, 2021 3) Recommendation to approve and authorize the removal of uncollectible accounts receivables in the amount of $65,260.15 from the financial records of the Library Division within General Fund (001) in accordance with Resolution No. 2006-252 and authorizes the Chairman to execute the attached Resolution. (All Districts) Resolution 2021-247 4) Recommendation to authorize a Budget Amendment to recognize carry forward interest earned in the amount of $699.66 for the period April through August 2021 on advanced library funding received from the Florida Department of State to support library services for the use of Collier County residents. (Public Service Match Fund 710) (All Districts) 5) Recommendation to approve the expenditures under an Exemption from Competitive Process for Hardware and Software Maintenance with Innovative Interfaces, Inc. for library system operations support in an amount not to exceed $180,000 per Fiscal Year, as budgeted within General Fund (001). (All Districts) 6) Recommendation to authorize an exemption from the competitive process for a subscription to Hoopla streaming service from Midwest Tape, LLC for Library patron use in an amount not to exceed $200,000 per Fiscal Year, as budgeted within General Fund (001), Library Donation-Project Fund (612) and Library Grants Fund (709), through FY 2024. (All Districts) 7) Recommendation to approve and authorize the Chairperson to sign the First Amendment between Collier County and Naples Senior Center at JFCS, Inc. to modify the expenditure language and provide clarity of the performance period for COVID-related activities under the Collier County Assistance Program (CCAP). (Community & Human Services Grant Support Fund 123) (All Districts) 8) Recommendation to adopt a resolution authorizing approval of substantial amendments to Collier County's U.S Department of Housing and Urban Development (HUD) Annual Action Plan for FY2021-2022 to reallocate $500,000 in CDBG funds from Casa San Juan Diego housing development to the City of Naples streetlight Page 19 December 14, 2021 activity, award $350,000 in HOME funds from Wounded Warriors to rental acquisition Collier County Housing Authority to provide Tenant-Based Rental Assistance, and award ESG funding totaling $101,461 to Youth Haven and CCHC HMIS. (Housing Grants Fund 705) (All Districts) Resolution 2021-248 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 (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grants (ESG), Community Development Block Grant (CDBG) - CV, and Emergency Solutions Grants (ESG) - CV for Fiscal Year 2021 as required; approve the Consolidated Annual Performance and Evaluation Report Resolution; and authorize the Chairman to certify the Consolidated Annual Performance and Evaluation Report (CAPER) for submission to U.S. Department of Housing and Urban Development. (Housing Grant Fund 705) (All Districts) Resolution 2021-249 Continued to the January 25, 2022 BCC Meeting) 10) Recommendation to approve a Fourth Amendment to Agreement #19- 7537, “Affordable Housing Marketing Outreach Campaign,” with Quest Corporation of America, Inc., and authorize the Chair to sign the attached amendment. (Estimated Fiscal Impact $171,528, Housing Grant Fund 705) (All Districts) 11) Recommendation to approve and submit the 2021 State Housing Initiatives Partnership Incentive Strategies Report to Florida Housing Finance Corporation and Florida Housing Coalition as required by Florida Statute Section 420.9076 (4). (All Districts) 12) Recommendation to authorize two (2) Budget Amendments for additional FY 21/22 SHIP program allocation of $6,905, FY 21/22 Program Income of $23,362.47 and FY 20/21 Program Income of $3,659.22. (SHIP Grant Fund 791) (All Districts) 13) Recommendation to approve and authorize the chairperson to sign fifteen (15) mortgage satisfactions for the State Housing Initiatives Page 20 December 14, 2021 Partnership loan program in the amount of $94,750 and approve the associated Budget Amendments to appropriate repayment amounts totaling $47,294. (SHIP Grant Fund 791). (All Districts) 14) Recommendation to approve and authorize the Chairperson to sign two (2) State Housing Initiative Partnership Sponsor Agreements, a Rental Acquisition Agreement between Collier County and Community Assisted and Supported Living, Inc. in the amount of $600,000 and a Rental Rehabilitation Agreement between Collier County and Oak Marsh, LLC in the amount of $450,000. (SHIP Grant Fund 791) (All Districts) 15) Recommendation to authorize a Budget Amendment recognizing $320,000 of carry forward revenue for deposit to the Collier County Local Housing Trust Fund (116) received as a result of a payment made pursuant to a development commitment. (All Districts) 16) Recommendation to approve and authorize the chairperson to sign two (2) releases of lien for the Disaster Recovery Initiative Program agreement for units no longer subject to the terms of the agreement. (All Districts) 17) Recommendation to approve two “After-the-Fact” contract Amendments and corresponding Attestation Statements with the Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly grant program for Services for Seniors to increase the contract amount and supporting documentation with revision to the Service Rate Report and the supporting Budget Amendment (Fiscal Impact $70,000.00, Human Services Grant Fund 707). (All Districts) 18) Recommendation to approve and authorize the Chairperson to sign a Subrecipient Agreement between Collier County and Collier Health Services, Inc. in the amount of $293,218.22, for the Community Health Workers for COVID-19 Response for Resilient Communities Program. (Housing Grant Fund 705) (All Districts) 19) Recommendation to award Request for Proposal (RFP) No. 20-7783, “Mental Health Data Collaborative,” to 5 Point Solutions, LLC, and authorize the Chair to sign the attached five-year agreement in the amount of $200,679.52. (Community & Human Service Grant Support Page 21 December 14, 2021 Fund 123) (All Districts) 20) Recommendation to approve and authorize the Chairperson to sign a subrecipient agreement with Collier County Sheriff’s Office in the amount of $56,263.93, for the Building Bridges Between Jails and Community-Based Treatment for Opioid Use Disorder Grant Award. (Human Services Grant Fund 707) (All Districts) 21) Recommendation to approve a budget amendment, in the amount of $87,598, to transfer personal services budget within General Fund (001) from Public Services Operations Cost Center (155) and (115) to Public Transit and Neighborhood Enhancement (PTNE) Operations Cost Center 163601 to reflect a position transfer from the Public Services Department to the Growth Management Department. (All Districts) 22) Recommendation to approve the necessary Budget Amendment for the Parks and Recreation Division in the amount of $2,100,000 to establish funding within Park Bond Fund (308) for the design and permitting of three (3) projects and construction of two (2) projects at County aquatics and park facilities. (All Districts) 23) Recommendation to direct staff to begin the process of acquiring two additional Rosemary Cemetery Parcels (Plot W and Plot N), to perform necessary improvements and annual maintenance to conform with standards similar to the County-owned Rosemary Cemetery Parcel (Unit B located on the Southeast corner of US41 and Pine Ridge Road) in order to honor and remember our community's forebears. (Museum Fund 198, Estimated Fiscal Impact: Improvements $27,543, Annual Maintenance $3,024) (District 4) 24) Recommendation to authorize the County Manager or his designee to accept the HOME Investment Partnerships - America Rescue Plan (HOME-ARP) Program Grant Award in the amount of $2,729,078 for qualifying activities that provide housing, services, and shelter to individuals or households experiencing homelessness, or at risk of homelessness and other vulnerable populations; and to authorize the County Manager or his designee to approve the subsequent required HOME-ARP allocation plan submission. (Housing Grant Fund 705) (All Districts) Resolution 2021-250 Page 22 December 14, 2021 25) Recommendation to approve five (5) Collier County Tourist Development Council (TDC) Category “A” Grant Applications for Beach Park Facilities for Fiscal Year 2022 in the total amount of $710,000 within TDC Beach Park Facilities Fund (183), authorize necessary budget amendments and to make the finding that the expenditures promote tourism. (District 1, District 2, District 4) E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve the sale and disposal of surplus assets per Resolution 2013-095 via public auction on February 19, 2022 (All Districts) 2) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. (All Districts) 3) Recommendation to renew the annual Collier County’s Certificate of Public Convenience and Necessity (COPCN) for Collier County Emergency Medical Services to provide Class 1 Advanced Life Support Transport (ALS) for one year and authorize the Chairman to execute the Permit and Certificate. (All Districts) 4) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Trane U.S. Inc. for Agreements #18-7235 “HVAC Preventative Maintenance and Repair Services,” and #18-7464 “Chillers Preventative Maintenance and Repair.” (All Districts) 5) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Socotec Consulting Inc. concerning Agreement #18-7432-CE, “Professional Services Library Civil Engineering Category,” and Agreement #18-7432-TE, “Professional Services Library Materials Testing and Field Conditions Assessment Category.” (All Districts) 6) Recommendation to approve a $146,777.39 budget amendment for Emergency Medical Services Project/Motor Pool Fund 491 for the purchase and installation of Stryker Power Load locking cot systems Page 23 December 14, 2021 into the fleet of ambulances. (All Districts) 7) Recommendation to award Request for Proposals (“RFP”) #20-7805, “Property Casualty Brokerage Services,” to Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors and authorize the Chair to sign the attached Agreement. (All Districts) 8) Recommendation to accept an award of $66,374 in grant funds from the State of Florida Department of Health, Bureau of Emergency Medical Services, and to authorize necessary Budget Amendments to appropriate grant funding within EMS Grant Fund (493). (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve expenditures under an Exemption from the Competitive Process in an amount not to exceed $55,000 annually through fiscal year 2025, for a subscription to the eCIVIS Grant Network, proprietary software offered through Carahsoft Technology Corp, for employee and Collier County nonprofit use. (General Fund 001) (All Districts) 2) Recommendation to renew the annual Certificate of Public Convenience and Necessity for non-emergency Class 2 – Basic Life Support (BLS) inter-facility ambulance transports to Care Med Transportation, LLC for the purpose of providing post-hospital and inter-facility medical ambulance transfer services. (All Districts) 3) Recommendation to adopt a resolution, approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the FY21-22 Adopted Budget. (All Districts) Resolution 2021-251 4) Recommendation to authorize Sports Facilities Management, LLC (“SFM”) to continue to operate under the County’s existing Paradise Coast Sports Complex Operating Manual, until an agreed upon new manual can be brought back for the Board’s consideration for approval in January 2022. (Amateur Sports Complex Fund 759) (All Districts) Page 24 December 14, 2021 5) Recommendation to approve the use of Tourist Development Tax Promotion Funds to support the upcoming February 2022 Naples Pickleball Center Championships up to $7,500 and make a finding that this expenditure promote tourism. (TDC Tourism Promotions Fund 184) (All Districts) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the T-hangar Lease Agreement with Matecumbe Flying Service Inc. for commercial aircraft maintenance activities at the Immokalee Regional Airport. Monthly Rent Revenue in the amount of $314.72 will be deposited in the Airport Authority Operating Fund (495). (District 5) H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint Tanya Williams, Collier County Library Director, as a member to the Board of the Early Learning Coalition of Southwest Florida (ELC of SWFL) with an effective term from January 1, 2022 to December 31, 2025 to be the Boards representative. (All Districts) 2) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Universal Protection Service, LLC d/b/a Allied Universal Security Services LLC. concerning Agreement #18-7429 “Security Services.” (All Districts) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners provide approval for the State of Florida E911 Board/E911 State Grant Program. (All Districts) 2) Recommendation that the Board of County Commissioners provide Page 25 December 14, 2021 approval for the State of Florida E911 Board/E911 State Grant Program grant application in the amount of $586,886. (All Districts) 3) Report to the Board regarding the investment of County funds as of the quarter ended September 30, 2021. (All Districts) 4) Recommendation to accept the Clerk’s report indicating no interest paid pursuant to Florida Statute 218.78 for the fiscal year ended September 30, 2021. (All Districts) 5) Board ratification and recording 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 October 28, 2021 and November 10, 2021 pursuant to Florida Statute 136.06 that were approved by the County Manager between the Boards November and December meetings. (All Districts) 6) Board ratification of the purchasing card transactions and invoices payable approved and determined to have a valid public purpose by the County Manager between the Boards November and December meetings. (All Districts) 7) 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 November 11, 2021 and December 1, 2021 pursuant to Florida Statute 136.06. (All Districts) 8) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 8, 2021. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint three members to the Affordable Housing Advisory Committee. (All Districts) Resolution 2021-252: Reappointing Gary Hains and Appointing Janet Fisher Miller and Jessica Brinkert Page 26 December 14, 2021 Continued to January 11, 2022 BCC Meeting (During Agenda Changes Per Commissioner Solis) 2) Recommendation to reappoint four members to the Development Services Advisory Committee. (All Districts) Moved to Item #12A (During Agenda Changes per Commissioner Saunders) 3) Recommendation to appoint three members to the Parks and Recreation Advisory Board. (All Districts) 4) Recommendation to appoint a member to the Immokalee Local Redevelopment Advisory Board. (District 5) Resolution 2021-253: Appointing Jonathan Argueta 5) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Steven Ritter v. Collier County Board of Commissioners, (Case No. 20-CA-0249), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $150,000. (All Districts) 6) Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an Ordinance establishing pedestrian safety regulations in unincorporated Collier County, and to repeal portions of Ordinance 87-60, as amended. (All Districts) 7) Recommendation to approve a Stipulated Final Judgment in the total amount of $812,200 plus $109,050 in statutory attorneys’ fees and costs for the taking of Parcel 102POND, required for the Vanderbilt Beach Road Extension Project, Project No., 60168. (All Districts) 8) Recommendation to approve a Stipulated Final Judgment in the amount of $694,600 plus $91,202.78 in statutory attorney and experts’ fees and required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 9) Recommendation to approve a Stipulated Final Judgment in the amount of $797,500 plus $99,125 in statutory attorney and experts’ fees and costs for the taking of Parcel 155POND required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 10) Recommendation to approve and authorize payment of statutory Page 27 December 14, 2021 attorney’s fees and costs pursuant to Section 73.092, Fla. Stat. incurred by attorney ad litem appointed by the Court to assist with Collier County v. George A. Nestory, et. al., Case No. 16-CA-1347 regarding Collier County’s Eminent Domain project action for the expansion of Golden Gate Blvd., Project No. 60145. (All Districts) 11) Recommendation to approve a Stipulated Final Judgment in the amount of $82,500 plus $26,214 in statutory attorney and experts’ fees and costs, and amount not to exceed $3,000 for statutory supplemental proceedings as necessary, for the taking of Parcel 1224FEE required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 12) Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $30,222 in statutory attorney and experts’ fees and costs for the taking of Parcel 1132FEE required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 13) Recommendation to approve a Stipulated Final Judgment in the total amount of $144,000 plus $39,587 in statutory attorney and experts’ fees and costs for the taking of Parcel 110FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 14) Recommendation to approve a Stipulated Final Judgment in the total amount of $115,000 plus $29,946 in statutory attorney and experts’ fees and costs for the taking of Parcel 115FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County Manager or his designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat. (All Districts) 15) Recommendation to approve a Stipulated Final Judgment in the amount of $145,000 plus $35,549 in statutory attorney fees including experts’ fees and costs for the taking of Parcel 323RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) Page 28 December 14, 2021 ------------------------------------------------------------------------------------------------------------ 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 Moved to Item #9F (Per Agenda Change Sheet) A. This item has been continued from the October 12, 2021, October 26, 2021, and November 9, 2021 BCC Meeting Agendas. 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) 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- PL20210001223, to disclaim, renounce and vacate the County and the public interest in the 10-foot utility easement located in the southern rear of Lot 164 of Gulf Harbor, as recorded in Plat Book 4, Page 31 of the public records of Collier County, Florida, located at 702 Pan Am Avenue, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (District 2) Resolution 2021-254 C. An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County Florida, adopting a county-initiated amendment to the Collier County Growth Management Plan to create the Private Property Rights Element as required by state law; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001793] (All Districts) Page 29 December 14, 2021 Ordinance 2021-46 Continued Indefinitely (Per Agenda Change Sheet) 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. An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, adopting a County-initiated amendment to the Collier County Growth Management Plan to update and clarify text, specifically amending the Conservation and Coastal Management Element to address sea level rise, and update nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001271]. (All Districts) Moved to Item #9G (During Agenda Changes Per Commissioner Saunders) E. This item requires that ex parte disclosure be provided by BZA members. Should a hearing be held on this item, all participants are required to be sworn in. Petition CU-PL20190002859-4111 Green Blvd Tower CU, Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a communications tower within the Estates (E) Zoning District pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.73± acre property located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125 of Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (CU-PL20190002859) [Coordinator: Ray Bellows, AICP, Zoning Manager] (This is a companion to VA-PL20200000721) (District 3) Moved to Item #9H (During Agenda Changes Per Commissioner Saunders) F. This item requires that ex parte disclosure be provided by BZA members. Should a hearing be held on this item, all participants are required to be sworn in. Petition VA-PL20200000721-4111 Green Blvd Tower Variance, Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 147-foot tall monopine communication tower from 73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from 367.5 feet to 131 feet for the western Page 30 December 14, 2021 residential property, located at 4111 Green Boulevard, also described as the east 180 feet of Tract 125, Golden Gate Estates, Unit No. 26 subdivision, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. (VA-PL20200000721) [Coordinator: Ray Bellows, Zoning Manager] (This is a companion to CU-PL20190002859) (District 3) G. 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- PL20210000552, to disclaim, renounce and vacate the County and the public interest in the 7.5-foot utility easement located along the east lines of Lots 11 & 50, Block 52 of Naples Park Unit No. 4, as recorded in Plat Book 3, Page 7 of the public records of Collier County, Florida, located approximately 100 feet west of Tamiami Trail North between 91st Avenue North and 92nd Avenue North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (District 2) Resolution 2021-255 Moved to Item #9E (Per Agenda Change Sheet) H. This item has been continued from the September 28, 2021, October 12, 2021, and October 26, 2021 BCC Meeting Agendas. A Resolution of the Board of County 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, Page 31 December 14, 2021 District 3, District 5) I. Recommendation to establish the 42nd Avenue SE Municipal Service Taxing Unit (MSTU) with a maximum of one (1) mill for the first two years and a maximum of five (5) mills thereafter, for the repayment of funds in the amount of $72,231.00 used to make emergency road repairs on 42nd Avenue SE and approve a budget amendment to advance funding from Special Assessment Fund 341 to the 42nd Avenue SE Fund 761. (District 5) Ordinance 2021-47 J. Recommendation to adopt a resolution, approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY21-22 Adopted Budget. (All Districts) Resolution 2021-256 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.