Agenda 10/11/2022 Agenda IndexCOLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
October 11, 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 minutes unless the time is adjusted
by the chairman. Additional minutes may be ceded to the speaker by other registered speakers who must
be present at the time the speaker is heard. No public speakers will be heard for Proclamations,
Presentations and Public Petitions. Speakers on Presentations are limited to 10 minu tes, unless extended
by the chairman. All persons wishing to speak on a Consent Item must register prior to the Board’s
Approval of the day’s Consent Agenda, which is heard at the beginning of the meeting following the Pledge
of Allegiance.
Anyone wishing to address the Board on Public Petition must submit the request in writing to the County
Manager at least 13 days prior to the date of the meeting. The request shall provide detailed information
as to the nature of the Petition. The Public Petition may not involve a matter on a future Board agenda, and
must concern a matter in which the Board can take action. Public petitions are limited to a single
presenter, with a maximum time of ten minutes, unless extended by the chairman. Should the petition be
granted, the item will be placed on a future agenda for a public hearing.
Anyone wishing to address the Board on general topics not on this agenda or a future agenda must register
to speak prior to the Public Comment portion of the agenda being called by the chairman. Speakers will be
limited to three minutes, and no additional minutes may be ceded to the speaker. At the chairman’s
discretion, the number of public speakers may be limited to 5 for that meeting.
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 Coll ier
County Facilities Management Division located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -
5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities
Management Division.
Lunch Recess scheduled for 12:00 Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
1.A. Invocation by Reverend Edward Gleason of Trinity By The Cove Episcopal Church
2. AGENDA AND MINUTES
2.A. APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION
MEMBERS FOR CONSENT AGENDA.)
2.B. September 8, 2022 BCC Budget Meeting Minutes
3. AWARDS AND RECOGNITIONS
3.A. EMPLOYEE
3.B. ADVISORY BOARD MEMBERS
3.C. RETIREES
3.D. EMPLOYEE OF THE MONTH
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE
AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
11.A. Update on the Status of Hurricane Ian recovery efforts in Collier County.
11.B. Recommendation to approve additional FY 2023 budget amendments in the amount
of $95,263,800 covering post Hurricane Ian clean up and recovery for debris
removal, the storm-water network, water & wastewater, road & bridge, parks,
beaches and governmental facilities repairs and other storm related costs, including
additional funding for the Sheriff. (Ed Finn, Interim Deputy County Manager) (All
Districts)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14.A. AIRPORT
14.B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING
PREVIOUS PUBLIC COMMENTS IN THIS MEETING
15.B. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA
All matters listed under this item are considered to be routine and action will be taken by one
motion without separate discussion of each item. If discussion is desired by a member of the
Board, that item(s) will be removed from the Consent Agenda and considered separately.
16.A. GROWTH MANAGEMENT DEPARTMENT (CONSENT)
16.A.1. Recommendation to direct staff to advertise an Ordinance establishing
Milestone Inspections of aging condominium and cooperative buildings
in unincorporated Collier County and bring back for public hearing an
ordinance establishing a mandatory inspection of aging condominium
and cooperative building. (All Districts)
16.A.2. Recommendation to approve a request to advertise a proposed
amendment to Collier County Ordinance No. 86-72, the Sabal Palm
Road Extension Municipal Service Taxing and Benefit Unit, to amend
the geographical boundaries of the MSTU to remove three hundred
thirty-two properties that no longer derive benefit from the MSTU’s
stated purpose. (District 1)
16.A.3. Recommendation to hear a Land Development Code amendment at two
regularly scheduled daytime hearings and waive the nighttime hearing
requirement. (All Districts)
16.A.4. Recommendation to approve final acceptance of the potable water,
irrigation quality water, and sewer facilities and accept the conveyance
of the potable water, irrigation quality water, and sewer facilities for
SkySail - Phase 1, PL20220000858. (District 5)
16.A.5. 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 8, Application Number PL20160000515, and
authorize the release of the maintenance security in the amount of
$260,682.12. (District 4)
16.A.6. 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 sewer utility facilities for the Songbird at
Whippoorwill (minor changes to PL20200000840), PL20220002993.
(District 4)
16.A.7. 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 Groves at Orange Blossom, Phase 3 (Application Number
PL20210003325) approval of the standard form Construction and
Maintenance Agreement and approval of the performance security in
the amount of $2,758,860.50. (District 5)
16.A.8. Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $74,600 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20220000820) for work associated with Randall at Orangetree.
(District 5)
16.A.9. Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $19,960 which was posted as a
development guaranty for an Early Work Authorization (EWA)
(PL20210000882) for work associated with Valencia Golf and Country
Club - Phase 1B. (District 5)
16.A.10. Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $55,136.84 which was posted as a
guaranty for Excavation Permit Number PL20200000596 for work
associated with Argo Livingston. (District 2)
16.A.11. Recommendation to approve Change Order No. 1 to Agreement No. 20-
7735, Design-Build Whippoorwill Lane and Marbella Lakes Drive
Connection, with Quality Enterprises USA, Inc., to provide additional
time under the contract due to delays in obtaining required permit
approval, as well as labor and material shortages affecting production.
(County Project Number 60219) (District 3)
16.A.12. Recommendation to approve Agreement #22-029-NS “Work & Asset
Management System Software Licenses and Annual Maintenance” with
Cartegraph Systems, LLC for the work management system software
licenses and the annual maintenance; to continue the Transportation
Management Services Department and the Facilities Division’s
enterprise asset management strategic vision in alignment with Collier
County Government’s goals and to approve expenditures under the
Agreement and approved Sole Source Waiver. (All Districts)
16.A.13. Recommendation to award Request for Proposal (“RFP”) No. 22-7948,
“Planning and Regulation Staffing,” to NOVA Engineering and
Environmental, LLC, to provide temporary staffing and services to the
Growth Management Community Development Department, and
authorize the Chairman to sign the attached agreement. (All Districts)
16.A.14. Recommendation to approve a resolution indicating the Collier County
Board of County Commissioners’ desire to be re-designated as the
Community Transportation Coordinator (“CTC”) for Collier County.
(All Districts)
16.A.15. Recommendation to provide after-the-fact approval for the submittal to
closeout a grant award from the US Department of Treasury under the
RESTORE Direct Component (Pot 1) for the preliminary development,
design and permitting of the Collier County Comprehensive Watershed
Improvement Plan in the amount of $77,760.26. (Project 33554) (All
Districts)
16.B. COMMUNITY REDEVELOPMENT AGENCY (CONSENT)
16.C. PUBLIC UTILITIES DEPARTMENT (CONSENT)
16.C.1. Recommendation to award Invitation to Bid (“ITB”) No. 22-8007,
“Tamiami Well 25 Generator Replacement,” to Zabatt Engine Services,
Inc., d/b/a Zabatt Power System, Inc., in the amount of $300,111.55, and
authorize the Chairman to sign the attached Construction Services
Agreement. (Water User Fee Capital Fund (412), Project Number
70069) (District 5)
16.C.2. Recommendation to award Construction Invitation to Bid (“ITB") No.
22-7960 "Collier County Emergency Service Center East Bay Enclosure
Construction,” to Waypoint Contracting Inc., in the amount of
$2,083,623.30 and authorize the Chairman to sign the Agreement.
(Surtax Fund (318), Project 50390) (District 2)
16.D. PUBLIC SERVICES DEPARTMENT (CONSENT)
16.D.1. Recommendation to approve and authorize the Chairman to sign the
First Amendment to clarify language in the State Housing Initiatives
Partnership Sponsor Agreement for new construction assistance with
Habitat for Humanity of Collier County, Inc. (Grant Fund 791) (All
Districts)
16.D.2. Recommendation to approve and authorize the Chairman to sign the
First Amendment to the U.S. Housing and Urban Development
Emergency Solutions Grants Program subrecipient agreement between
The Shelter for Abused Women & Children, Inc. and Collier County
adding rapid rehousing activities and additional funding in the amount
of $15,000. (Housing Grant Fund 705) (All Districts)
16.D.3. Recommendation to approve and authorize the Chairman to sign the
Ninth Amendment to the Development Agreement between Habitat for
Humanity of Collier County, Inc. and Collier County to extend the
project expenditure deadline for the Neighborhood Stabilization
Program 3. (Grant Fund 705) (All Districts)
16.D.4. Recommendation to approve a substantial amendment to Collier
County's U.S Department of Housing and Urban Development FY2019-
2020 Annual Action Plan, and authorize the Chairman to execute an
Amendment to the Youth Haven agreement, reallocating $1,000,000
CDBG-CV funding from the reconstruction of the Golden Gate Senior
Center to the Youth Haven Intake Center project in the amount of
$708,321 and to a still to be determined Public Facilities project in the
amount of $291,679, and approve budget amendments in the amount of
$1,000,000 from General Fund (001) to Community & Human Services
Grant Support Fund (123) to restore funding for the Golden Gate Senior
Center reconstruction project. (All Districts)
16.E. ADMINISTRATIVE SERVICES (CONSENT)
16.F. COUNTY MANAGER OPERATIONS (CONSENT)
16.F.1. Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions, or insurance proceeds)
to the FY22-23 Adopted Budget. (All Districts)
16.G. AIRPORT AUTHORITY (CONSENT)
16.H. BOARD OF COUNTY COMMISSIONERS (CONSENT)
16.H.1. Recommendation to authorize routine and customary budget
amendments appropriating carry forward budget in the amount of
$7,198,985.64 for approved open purchase orders and $3,182,280.13 for
closed POs for Fiscal Year 2023. (All Districts)
16.I. MISCELLANEOUS CORRESPONDENCE (CONSENT)
16.J. OTHER CONSTITUTIONAL OFFICERS (CONSENT)
16.J.1. To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and purpose
for which the referenced disbursements were drawn for the periods
between September 15, 2022 and September 28, 2022 pursuant to
Florida Statute 136.06. (All Districts)
16.J.2. Request that the Board approve and determine valid public purpose for
invoices payable and purchasing card transactions as of October 5, 2022.
(All Districts)
16.K. COUNTY ATTORNEY (CONSENT)
16.K.1. The Annual Performance Appraisal for the County Attorney (All
Districts)
16.K.2. Recommendation that the Board of County Commissioners extends the
County Attorney Employment Agreement to September 30, 2025. (All
Districts)
16.K.3. Recommendation to reappoint a member to the Immokalee
Beautification Advisory Committee. (District 5)
16.K.4. Recommendation to appoint two members to the Golden Gate
Beautification Advisory Committee. (District 3)
16.K.5. Recommendation to reappoint one member to the Lely Golf Estates
Beautification Advisory Committee. (District 1)
16.K.6. Recommendation to approve the Interlocal Agreement between the City
of Marco Island and Collier County relating to the expenditure of
certain settlement funds received from the State of Florida regarding In
Re: National Prescription Opioid Litigation in furtherance of the Florida
Attorney General’s Memorandum of Understanding and Resolution
2021-136. (All Districts)
16.K.7. Recommendation to approve the litigation settlement between Collier
County and Pelican Lake Property Owners Association of Collier
County (“Pelican Lake”) and recommendation to approve the
acceptance of $11,320 from Pelican Lake Property Owners Association
of Collier County in exchange for a release of lien with a value of $60,000
in the code enforcement action entitled Board of County Commissioners
v. Pelican Lake Property Owners Association of Collier County, Case
No. CELU20190011289. (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.
17.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.
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 Estates (E) Zoning
District within special treatment wellfield zone W-3 to a Commercial Planned Unit
Development (CPUD) Zoning District within special treatment wellfield zone W-3
for the project to be known as Ariva Plaza CPUD, to allow the development of up to
30,000 square feet of commercial uses. The subject 5.46± acre property is located at
the southwest corner of the intersection of Golden Gate Boulevard East and
Everglades Boulevard South in Section 6, Township 49 South, Range 28 East,
Collier County; and by providing an effective date. (District 5)
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at
252-8383.