Recap 02/08/2022 R COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
February 08, 2022
9:00 AM
Commissioner William L. McDaniel, Jr., District 5; — Chair— CRAB Co-Chair
Commissioner Rick LoCastro, District 1; — Vice Chair
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4; — CRAB Co-Chair
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
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 Kirt Anderson of Naples Community Church
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. January 11, 2022 - BCC Meeting Minutes
Approved as presented —5/0
• Artist of the month Michelle Tricca
3. AWARDS AND RECOGNITIONS
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February 8, 2022
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for February
2022 to PBS Contractors. The award will be accepted by Russell Budd,
Owner, and Tim Dupre, President & CEO. Also present is Bethany
Sawyer, Vice President of Membership, The Greater Naples Chamber of
Commerce.
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Vincent Keeys — Black History Month
8. BOARD OF ZONING APPEALS
A. This item has been continued from the January 11, 2022 and January
25, 2022 BCC Meetings. 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 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 on lands zoned Rural Agricultural (A) within the
Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use-
Sending Lands within the Natural Resource Protection Area Overlay and
North Belle Meade Overlay in the Collier County Growth Management Plan
pursuant to Sections 2.01.03.G.4.a and 2.03.08.A.4.a(3)(a) of the Collier
County Land Development Code on .95± acres of a 5.0+/- acre tract located
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February 8, 2022
on the east side of the north-south extension of Benton Road, in Section 25,
Township 49 South, Range 27 East, Collier County, Florida.
[PL20180002327] (District 5)
Resolution 2022-30 Adopted w/stipulations — 5/0
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the January 25, 2022 BCC Meeting
and is being further continued to the February 22, 2022 BCC Meeting.
This item is the first of two hearings. Recommendation to approve an
Ordinance amending Ordinance number 04-41, as amended, the Collier
County Land Development Code, to change the name of the Bayshore
Mixed Use Overlay District to the Bayshore Zoning Overlay District and the
name of the Gateway Triangle Mixed Use District to the Gateway Triangle
Zoning Overlay District, to rename the Bayshore Gateway Triangle
Redevelopment Area to the Bayshore Gateway Triangle Community
Redevelopment Area; to add prohibited uses, add appearance standards for
outdoor display and storage, add a boundary map for the Bayshore Zoning
Overlay District and for the Gateway Triangle Zoning Overlay District, add
architectural standards for single family homes, and change other
development standards. [PL20210001222] (This Item is a companion item to
Items #9B and #11A) (District 4)
B. This item has been continued from the January 25, 2022 BCC Meeting
and is being further continued to the February 22, 2022 BCC Meeting.
Recommendation to adopt Ordinance, as amended, the Collier County
Growth Management Plan for the unincorporated area of Collier County,
Florida, relating to the density bonus pool within the Bayshore/Gateway
Triangle Redevelopment Overlay and specifically amending the
Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use
Element, to change requirements for the use of the density bonus pool;
directing transmittal of the adopted amendment to the Florida Department of
Economic Opportunity; providing for severability; and providing for an
effective date. (This Item is a companion item to Items #9A and #11A)
(Adoption Hearing). (District 4)
10. BOARD OF COUNTY COMMISSIONERS
A. Request that the Board discuss whether to limit outdoor concerts to certain
venues, including the Sports Park and the County Fairgrounds. (Sponsored
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By Commissioner Taylor) (All Districts)
Discussed
11. COUNTY MANAGER'S REPORT
A. This item has been continued from the January 25, 2022 BCC Meeting
and is being further continued to the February 22, 2022 BCC Meeting.
Recommendation to direct staff to advertise and bring back for a public
hearing at the February 22, 2022 Board Meeting, an ordinance of Collier
County, Florida, amending Ordinance No. 2003-37, as amended, including
Ordinance No. 2003-58, by amending Section 110-30 of the Collier County
Code of Laws and Ordinances to exclude the Bayshore Gateway Triangle
Community Redevelopment Area from the prohibition of enclosing swales
in public rights-of-way; providing for inclusion into the Code of Laws and
Ordinances; providing for conflict and severability; providing an effective
date. [PL20210001222] (This Item is a companion item to Items #9A and
#9B) (Eric Johnson, LDC Manager) (District 4)
B. Recommendation to award Request for Proposal ("RFP") No. 20-7811,
"Immokalee Area Improvements - TIGER Grant," to Quality Enterprises
USA, Inc., for a total not to exceed amount of$22,869,280.20, and authorize
the Chairman to sign the attached agreement. (Project No. 33563) (Trinity
Scott, Growth Management Deputy Department Head) (District 5)
Approved — 5/0
C. Recommendation that the Board of County Commissioners endorse and
approve the County Manager's new senior leadership nominees, further
organizational changes, staffing complements, approach, and
responsibilities, to take effect immediately, and approve all necessary budget
amendments. (Mark Isackson, County Manager) (All Districts)
Motion to approve as interim positions and that existing positions will
be preserved so that the new incoming County Manager can make
adjustments as needed — Approved 5/0
D. Recommendation to discuss and provide direction to staff regarding the
Board's preferred strategy for recruiting a County Manager. (Amy Lyberg,
Human Resources Division Director) (All Districts)
Motion to engage outside firm Basinger and follow their
recommendation regarding salary—Approved 3/2 (Commissioner
McDaniel and Commissioner LoCastro opposed);
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February 8, 2022
Motion to not exclude internal candidates —Approved 5/0
Moved from Item #16F6 (Per Commissioner McDaniel during agenda changes)
E. Recommendation that the Board approve and authorize its Chair to
execute a Ground Lessor Consent and Estoppel required for CC BSG
Naples, LLC ("BigShots") to receive financing necessary to develop and use
the former Golden Gate Golf Course pursuant to the Board approved Collier
County Standard Form Long Term Lease and Operating Agreement, as
amended. (All Districts)
Motion to approve—Approved 4/1 (Commissioner McDaniel opposed)
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. County Manager— City of Marco & City of Naples upcoming
workshop(s) March 1, 2022
B. Commissioner Solis — Thank you to Code Enforcement staff person
Steven Lopez Silvero regarding stormwater issues in Naples Park
C. Commissioner LoCastro — Affordable Housing Meeting February 7,
2022; Affordable Housing Chairman to make presentation at next BCC
Meeting
D. Commissioner LoCastro — Thank you to Dan Rodriguez regarding
veteran's services
E. Commissioner LoCastro — Fallen Officer's Foundation event at Sugden
Park— thank you to law enforcement
F. Commissioner Taylor— Sign regarding Supervisor of Elections Office
MLK Building
16. Consent Agenda - All matters listed under this item are considered to be
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February 8, 2022
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 provide after-the-fact approval for Amendment 2
to the Transportation Investments Generating Economic Recovery
(TIGER) IX - Immokalee Complete Streets Grant Agreement with the
U.S. Department of Transportation/Federal Highway Administration
Grant Award #693JJ32040007 in the amount of$8,339,989 and
authorize the necessary budget amendments. (Stormwater Bond Fund
327, Growth Management Fund 310, Growth Management Grant
Match Fund 712) (District 5)
As detailed in the Executive Summary
2) 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 Maple Ridge at Ave Maria
Phase 7B, (Application Number PL20210001851) approval of the
standard form Construction and Maintenance Agreement and approval
of performance security in the amount of$6,170,322.92. (District 5)
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the amended final plat of Ranch at Orange
Blossom, Phase 5A, (Application Number PL20210000781) approval
of the standard form Construction and Maintenance Agreement and
approval of the performance security in the total amount of
$1,225,419.25. (District 5)
4) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements for the final plat of Isles
of Collier Preserve Phase 6, Application Number PL20150000492,
and authorize the release of the maintenance security in the amount of
$753,370.53. (District 4)
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Resolution 2022-24
5) Recommendation to approve final acceptance of the potable water and
sewer utility facilities and accept the conveyance of a portion of the
potable water and all sewer utility facilities for the Heritage Bay
Government Center - Phase One, PL20210002893. (District 3)
In the amount of$118,158.43
6) Recommendation to approve granting two Quit Claim Deeds to
remedy incorrect and unapproved recordings in the public records and
to accept the conveyance of a road right of way, drainage and utility
easement (Parcel 487RDUE) required for the future widening of
Everglades Boulevard. Estimated Fiscal Impact: $200. The primary
funding source is impact fees with the secondary funding source being
gas taxes. (All Districts)
7) Recommendation to approve the design and installation of speed
tables on Pompei Lane, at a cost not to exceed $40,000 (Project
60240). (District 4)
To reduce speeds through the neighborhood
8) Recommendation to approve the selection committee's ranking and
authorize staff to enter into contract negotiations with Johnson
Engineering, Inc., related to Request for Professional Services
("RPS") No. 21-7930, "CEI Services for Immokalee Road at Randall
Boulevard Intersection Improvements," for an estimated amount of
$650,000 (Infrastructure Sales Surtax) and to bring a proposed
agreement back for the Board's consideration at a future meeting.
(District 5)
The project consists of at-grade widening of Randall Boulevard
from east of the intersection with Immokalee Road to 8th Street
NE, going from two to four lanes
9) Recommendation to approve and execute an Interlocal Agreement
between Collier County and the City of Naples concerning Landscape
Maintenance for certain County medians within or adjacent to the city
limits of the City of Naples at no cost to the County, authorize the
Chairman to sign and execute the Agreement. (All Districts)
Includes Goodlette-Frank Road from Tamiami Trail East (U.S.
41) northward to Golden Gate Parkway, and Golden Gate
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Parkway from Goodlette-Frank Road east to Bears Paw Trail
10) Recommendation to approve a Developer Agreement (DA) between
Bryan W. Paul Family Limited Liability Partnership (Developer) and
Collier County to provide public access to the Big Corkscrew
Regional Park from Oil Well Road through Orange Blossom Ranch
Planned Unit Development (PUD). (Projects No. 80039 & No. 70194)
(District 5)
As detailed in the Executive Summary
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$293,973.75 for payment of$4,728 in the
code enforcement action titled Board of County Commissioners v.
Okeechobee GGE Trust, relating to property located at 58 Enchanting
Blvd., Collier County, Florida. (District 4)
For property brought into compliance on September 30, 2021
12) Recommendation to approve a work order with APTIM
Environmental & Infrastructure, LLC, to provide professional
engineering services for calculation of debris removed from Collier
Creek due to Hurricane Irma under Contract No. 18-7432-CZ for time
and material not to exceed $4,993.00 from Fund 195, authorize the
Chairman to execute the work order, and make a finding that this item
promotes tourism. (All Districts)
To obtain reimbursement from the Federal Emergency
Management Agency (FEMA) for the removal of debris from
Collier Creek caused by Hurricane Irma in September 2017
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the chairperson to sign one
(1) mortgage satisfaction for the State Housing Initiatives Partnership
loan program in the amount of$1,500 and approve the associated
Budget Amendment to appropriate repayment amounts totaling
$1,500. (SHIP Grant Fund 791) (All Districts)
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2) Recommendation to accept a donation of goods from the Friends of
the Museum of the Everglades of gift shop inventory valued at
$2,031.75. (Museum Fund 198) (District 5)
Due to closure of the gift shop
3) Recommendation to approve funding not to exceed $151,650 to
complete the partnership project between the County and the Marco
Island Historical Museum to create a lobby exhibit including a historic
skiff and other nautical artifacts, approve reimbursement to the Marco
Island Historical Society (MIHS), and approve the required budget
amendment. (Museum Fund 198) (District 1)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to Ferguson Enterprises,
LLC d/b/a Sunstate Meter & Supply concerning Agreement #20-040-
NS "Large Meters". (All Districts)
2) Recommendation to approve an Agreement with Gulfside Medical
Training Institute to provide EMS department supervised skills
training and experience to students enrolled in Emergency Medical
Services Technology Programs. (All Districts)
To provide opportunities for students to observe and perform
Emergency Medical Technician skills under supervision
3) Recommendation to approve an Assumption Agreement assigning all
rights, duties and benefits, and obligations to KCI Technologies, Inc.
concerning Agreement #18-7432-ST, "Professional Service Library -
Structural Engineering Category." (All Districts)
4) Recommendation to approve the administrative reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval. (All Districts)
As detailed in the Executive Summary
F. COUNTY MANAGER OPERATIONS
1) Recommendation to renew a Certificate of Public Convenience and
Necessity for a Class 2 ALS non-emergency inter-facility ambulance
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transports to Just Like Family Concierge Medical Transport Services
(D.B.A. Brewster Ambulance Service) to allow post-hospital inter-
facility medical ambulance transfer services. (All Districts)
Subject to certain conditions
2) Recommendation to approve proposed modifications to the allowable
uses within the Grants Application Guidelines for C-2 Non-County
Owned Museums as well as for Category B Marketing and Promotion
Grants by adding an additional allowable use that includes funding
consideration for an exhibit or activity and related
promotion/marketing that will be showcased at an event or location
whose primary purpose is the promotion of tourism. (All Districts)
3) Recommendation to approve a one-time increase to the Tourist
Development Tax Grant Applications funding amount for FY'23 Non-
County Owned/Operated Museums (formerly Category C-2) in the
amount of$250,000 by reallocating existing Grants Reserves within
TDC Non-County Owned Museum Fund (193) in order to encourage
support of a FY'23 Hispanic Arts and Cultural festival and make a
finding that these expenditures promote tourism. (All Districts)
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the FY21-22 Adopted Budget. (All Districts)
Resolution 2022-25
5) Recommendation to approve an amendment to the Facilities
Management Agreement with Sports Facilities Management, LLC
("SFM") to extend the time period that the parties can bring forth a
proposed amendment addressing the possible incorporation of facility
naming rights for the Paradise Sports Complex as an additional
service under the agreement. (All Districts)
Addressing the possible incorporation of facility naming rights as an
additional compensated service under the agreement
Moved to Item #11E (Per Commissioner McDaniel during Agendas)
6) Recommendation that the Board approve and authorize its Chair to
execute a Ground Lessor Consent and Estoppel required for CC BSG
Naples, LLC ("BigShots") to receive financing necessary to develop
and use the former Golden Gate Golf Course pursuant to the Board
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approved Collier County Standard Form Long Term Lease and
Operating Agreement, as amended. (All Districts)
7) Recommendation to approve the use of parking spaces at the Naples
Regional Library and Naples Depot Museum by The Naples Players
for use by staff and volunteers. (District 4)
G. AIRPORT AUTHORITY
1) Recommendation to authorize the Chairman to execute the
attached Interlocal Agreement between the Board of County
Commissioners of Collier County and the City of Naples Airport
Authority for emergency and on-call support services as needed.
(District 1, District 5)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between January 13, 2022 and January 26, 2022 pursuant to
Florida Statute 136.06. (All Districts)
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of February
2, 2022. (All Districts)
K. COUNTY ATTORNEY
1) Recommendation to reappoint a member to the Health Facilities
Authority. (All Districts)
Resolution 2022-26: Appointing David Wolff
2) Recommendation to appoint two members to the Golden Gate
Community Center Advisory Board. (District 3)
Resolution 2022-27: Appointing Lizzette Homar-Ramos and
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reappointing Kaydee Tuff
Continued to the February 22, 2022 BCC Meeting (Per Agenda Change Sheet)
3) Recommendation to reappoint two members to the Conservation
Collier Land Acquisition Advisory Committee. (All Districts)
4) Recommendation to appoint three members to the Collier County
Code Enforcement Board. (All Districts)
Resolution 2022-28: Appointing John Fuentes and reappointing
Kathleen K. Elrod and Chloe Bowman
5) Recommendation to approve a Stipulated Final Judgment in the
amount of$94,300 with Pro Se Respondent for the taking of Parcel
1174RDUE required for the Vanderbilt Beach Road Extension Project
No. 60168. (All Districts)
6) Request by the Collier County Health Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds for healthcare facilities at Moorings Park Grande Lake. (All
Districts)
Resolution 2022-29
7) Recommendation to approve a Stipulated Final Judgment in the
amount of$155,000 plus $42,199 in statutory attorney and experts'
fees and costs for the taking of Parcel 1134FEE required 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.
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18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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