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Backup Documents 11/08/2022 Agenda IndexPage 1 November 8, 2022 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 November 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 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 MINUTES, 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 Page 2 November 8, 2022 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 COLLIER COUNTY FACILITIES Page 3 November 8, 2022 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 Father Tom Thoeni of St. Paul's Episcopal 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.) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved and/or Adopt w/changes – 5/0 B. October 11, 2022, BCC Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS (One Motion Taken to Adopted All Proclamations) Motion to adopt all proclamation by Commissioner Saunders; Seconded by Commissioner Taylor – Adopted 5/0 A. Proclamation designating November 10, 2022, as Diabetes Awareness Day in Collier County and to recognize the achievements of John Reisman. To be accepted by Tami Balavage and Julia Reisman. Page 4 November 8, 2022 Adopted – 5/0 B. Proclamation designating November 13 -19, 2022, as International Fraud Awareness Week in Collier County. To be accepted by Mike Harder, Ruben Ramos, and Robin Sheley. Adopted – 5/0 C. Proclamation designating November 16 – 23, 2022, as Farm-City Week in Collier County. To be accepted by the Farm City BBQ Board of Directors and Organizing Committee. Adopted – 5/0 D. Proclamation designating November 2022 as National Hospice and Palliative Care Month. To be accepted by the following representatives of Avow Hospice, Naples, Florida: Mark Beland, Community Liaison, Kerri Ervin, Chief Compliance Officer, Phyllis Hall, Chief Financial Officer, Jeffrey Alexander, Director of Business Development, and Rebecca Gatian, Chief Clinical Officer. Adopted – 5/0 E. Proclamation designating November 2022 as Family Court Awareness Month in Collier County. To be accepted by Jessica Fenster. Adopted – 5/0 F. Proclamation declaring November 22, 2022, as Senate President Passidomo Day in Collier County. Adopted – 5/0 Added (Per Agenda Change Sheet) G. Proclamation declaring November 8, 2022, as TZU CHI Foundation Day in Collier County. (Commissioner Taylor’s Request) Adopted – 5/0  Artist of the Month – America’s Military & First Responders Museum 5. PRESENTATIONS A. Update on the status of Hurricane Ian recovery efforts in Collier County. Presented; Motion to authorize a State of Emergency for TS/Hurricane Nicole if need by Commissioner Saunders; Seconded by Commissioner Page 5 November 8, 2022 Taylor – Approved 5/0 B. Presentation of the Collier County Business of the Month for November 2022 to Guadalupe Center. The award will be accepted by Dawn Montecalvo, President and CEO. Also attending 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. Jackie Kaey – Toxic Leaders B. Garrett Bayrent – Personal Awards to Commissioners C. Elizabeth Rady – Integrity and Tenant Union Representative 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This Item has been continued to a later BCC Meeting TBD. 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 Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element to allow Planned Unit Development Rezoning and certain preservation requirements in the Golden Gate Parkway Institutional Subdistrict, an aggregate of 16.3± acres located on the north side of Golden Gate Parkway approximately ½ mile west of Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 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. [PL20220002807] Companion to [PL20220002221] B. This Item has been continued to a later BCC Meeting TBD. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance of the Board of Page 6 November 8, 2022 Commissioners of Collier County, Florida, 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 an Estates (E) Zoning District within the Corridor Management Overlay District (CMO) to a Community Facilities Planned Unit Development (CFPUD) within the Corridor Management Overlay District (CMO) for a project to be known as Collier County Behavioral Health Center Community Facilities Planned Unit Development to allow a 64,000 square foot maximum group care facility with up to 102 patient beds on property located on the north side of Golden Gate Parkway and 1/2 mile west of Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5.15+/- acres; and by providing an effective date. (Companion Item to PL20220002807) [PL20220002221] 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT Continued to the December 13, 2022, BCC Meeting (Per Agenda Change Sheet) A. This Item Continued from the September 27, 2022, BCC Meeting. Recommendation to approve the Cycle 11A Conservation Collier Active Acquisition List (AAL) and direct staff to pursue projects recommended within the A-Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). (Summer Araque, Principal Environmental Specialist, Conservation Collier Program) (All Districts) B. Recommendation to accept a project update to NCWRF Pretreatment Facility Project No. 70149 currently under design with AECOM Technical Services (AECOM) through Agreement No. 20-7722-NS. (Matt McLean, Public Utilities Engineering Director) (District 2) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Taylor – Approved 5/0 C. Recommendation to award Construction Invitation to Bid (ITB) No. 22-8019, “Churchill Circle Water Main Replacement” to Douglas N. Higgins Inc., in the amount of $1,295,947, and authorize the Chairman to sign the attached Agreement. (Project #71010) (Matt McLean, Public Utilities Engineering Director) (District 3) Page 7 November 8, 2022 Motion to approve by Commissioner Solis; Seconded by Commissioner Taylor – Approved 5/0 D. Recommendation to award Construction Invitation to Bid (ITB) No. 22-7965R, “Golden Gate City Transmission Water Main Improvements – Phase 2” to D.B.E. Management, LLC, d/b/a DBE Utility Services, in the amount of $6,737,736, and authorize the Chairman to sign the attached Agreement. (Project #70253 and #51029) (Matt McLean, Public Utilities Engineering Director) (Companion Item to #11E) (District 3) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0 E. Recommendation to approve the selection committee’s ranking and authorize staff to enter into contract negotiations with AIM Engineering and Surveying, Inc., related to Request for Professional Services (“RPS”) No. 22-8042 for “CEI Services for Golden Gate City Transmission Water Main Improvements,” and bring a proposed agreement back for the Board’s consideration at a future meeting. (Matt McLean, Public Utilities Engineering Director) (Companion Item to #11D) (District 3) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0 F. Recommendation to approve the award of Invitation to Bid (ITB) No. 21-7932 “Corkscrew Road at Wildcat Drive” to OHLA USA, Inc., in the amount of $2,103,968.10, authorize the Chairman to sign the attached construction services agreement, and approve the attached budget amendment. (Jay Ahmad, Director Transportation Engineering) (Companion Item to #11G) (District 5) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0 G. Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) to provide a lump sum deposit in the amount of $105,547.32 to support the Construction Engineering Inspection (CEI) of the roadway safety improvement on Corkscrew Road at Wildcat Drive - Project #60233 which is an FDOT Local Agency Program (LAP) project. (Jay Ahmad, Director Transportation Engineering) (Companion Item to #11F) (District 5) Resolution 2022-186: Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Adopted 5/0 Page 8 November 8, 2022 Continued to a Future BCC Meeting (Per Agenda Change Sheet) H. Recommendation to accept an update as to the implementation of the East Naples Development Plan and the US41 Zoning Overlay designed to add design standards in accordance with the Plan’s recommendations. (Mike Bosi, Zoning Director) (District 1, District 4) I. This Item to be heard at 11 AM. This Item continued from the October 25, 2022, BCC Meeting. Recommendation to approve a Collier County Tourist Development Council (TDC) Category “B” Promotion Funds Grant Application for the U.S. Open Pickleball Championship for Fiscal Year 2023 in the total amount of $670,000 within TDC Capital Projects Fund (758); make a finding that this expenditure promotes tourism; and authorize the necessary Budget Amendments. (Paul Beirnes, Tourism Director) (District 4) Motion to approve by Commissioner Solis; Seconded by Commissioner Taylor – Approved 5/0 J. Recommendation to accept the Annual Business Plan for Paradise Coast Sports Complex from Sports Facilities Management, LLC. (Marissa Baker, Sports Complex Manager) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Solis – Approved 5/0 K. Recommendation to accept an update from Football University, an entity under the football division of 3 Step Sports, LLC. (Marissa Baker, Sports Complex Manager) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Taylor – Approved 5/0 L. Recommendation to approve the proposed Collier County State and Federal Legislative and Administrative Priorities for 2023. (John Mullins, Director of Communications, Government & Public Affairs) (All Districts) Motion for the legislative priorities be approved as submitted by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0 M. Recommendation to review the proposed “Rock the Red USA” event as requested by Florida’s Voice and accept staff’s recommendation that the event should be held at the Paradise Coast Sports Complex. (Tanya Williams, Public Services Department Head) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Page 9 November 8, 2022 Commissioner Taylor – Approved 5/0 Added (Per Agenda Change Sheet) N. Recommendation to authorize a budget amendment and accept the State Housing Initiative Partnership (SHIP) Disaster Assistance award in the amount of $334,700 to assist eligible Collier County households whose primary residence sustained damage as a result of Hurricane Ian to pay their insurance deductibles and authorize one temporary FTE (SHIP Grant Fund 791). (Staff’s Request) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Moved from Item #16A6 (Per Agenda Change Sheet) O. Recommendation that the Board of County Commissioners accept an after-the- fact donation of sand and sand transportation/delivery from Stewart Materials and Rapid Trucking respectively, received by Collier County in advance of Hurricane Ian’s landfall in the total amount of $2,275.50 (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0 Moved from Item #16A11 (Per Agenda Change Sheet) P. Recommendation to approve the cooperative procurement and use of the Pinellas Suncoast Transit Authority Contract No. 21-980369, Florida Electric Transit Buses with Charging and Associated Equipment, for the purchase of 30, 35 and/or 40-foot electric buses for the Collier Area Transit System. (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0 Moved from Item #16F4 (During Agenda Change by Commissioner Taylor) Q. Recommendation to receive information concerning an Agreement between United Soccer Leagues, LLC, and PARA SFM, LLC, concerning negotiating rights for a potential stadium use agreement at the Paradise Coast Sports Complex. (All Districts) Motion to approve item as written by Commissioner Taylor; Seconded by Commissioner Saunders – Approved 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 10 November 8, 2022 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Airport B. Community Redevelopment Agency 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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 B. Staff And Commission General Communications 1) County Manager Patterson – Thanks to the Clerk of Courts and Sheriff’s Offices for the turn-in of unused funds; Thanks to Commissioner Solis and Commissioner Taylor from all staff at the County Manager’s Office for their service and support and advancing the stormwater program; Thanks to all the Veteran’s on this Veteran’s Day and thanks to all of you for your service 2) Deputy County Manager Rodriguez – Thanks to Commissioner Solis and Commissioner Taylor for their commitment to public service with some of the legacy project that were championed and helping to create an environment that is professional 3) Commissioner Solis – WOW! The last six years through Irma, biblical red tide, pandemic, Ian and now going out with another Hurricane Nicole, it has been the most challenging rewarding and an honor, special and productive, for the legacy processes we’ve started is the civility we’ve had; thanks to staff for all you do, your work, commitment, it’s been a pleasure working with everyone 4) Commissioner Taylor – I’ve learned so much, staff has been so wonderful and supportive, thanks for the privilege of serving this community and the future, working with you 5) Commissioner Saunders – It’s been wonderful working as a Commissioner because of all of our staff; Commissioner Taylor and Commissioner Solis, it’s been a pleasure working with both of Page 11 November 8, 2022 you, the conversation and decision making over the last six years with all of the challenges and you will be missed and Thanks. 6) Commissioner LoCastro – Jacob LaRow the Affordable Housing (60 Day Rental Ordinance) nothing is being done since it was passed, will work with staff to get the information out and bring back updates; Jamie Cook (Santa Barbara Lot) They are working on the on-going crushing of concrete, they’ve crushed 3600 cubic yards, Earth Tech hasn’t been able to estimate the work with volume of work; Amy thanks for all of the work you and staff do to prepare us for the meetings; it is noticeable; Happy Veteran’s Day and Thanks for your Service; Commissioner Taylor and Commissioner Solis thanks for your service 7) Commissioner McDaniel – A letter of interest was received to purchase the sports park; since it was discussed staff, staff will pursue and research what they are thinking 8) Commissioner Taylor - the Governor has sent a post card stating that if your home was affected by Hurricane Ian, there is a potential Property Tax Deferral; staff will investigate this. 9) Commissioner McDaniel – Thank you to Commissioner Solis and Commissioner Taylor; it has been an interesting experience learning the process of decision making by committee, its’ been enjoyable; thank you for your service; Adjourned. ------------------------------------------------------------------------------------------------------------ 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 (CONSENT) 1) 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 Encompass Health Rehabilitation Hospital of Naples, PL20220003017. (District 3) A final inspection by staff was conducted on July 18, 2022 and found the facilities to be satisfactory and acceptable Page 12 November 8, 2022 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 amended final plat of Caymas Phase One (Application Number PL20210003290), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the total amount of $8,490,381.90. (District 1) 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 minor final plat Avalon Park Phase 4A, Application Number PL20220004667. (District 5) 4) 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 Commercial Excavation Permit PL20210003121 – Willow Run Mine – Baker Parcel, to expand the existing Willow Run Commercial Excavation to include approximately 10 acres, and accept the Excavation Performance Agreement and the excavation performance bond in the amount of $134,911.20. (District 1) 5) Recommendation to award Invitation to Bid (ITB) No. 22-8004, “Landscape Maintenance for Vanderbilt Beach MSTU” to Ground Zero Landscaping Services Inc., in the estimated annual amount of $55,350.50, to be funded by Vanderbilt Beach Beautification Municipal Service Taxing Unit (MSTU) Fund 143, authorize the Chairman to sign the attached agreement, and approve all necessary budget amendments. (District 2) Moved to Item #110 (Per Agenda Change Sheet) 6) Recommendation that the Board of County Commissioners accept an after-the-fact donation of sand and sand transportation/delivery from Stewart Materials and Rapid Trucking respectively, received by Collier County in advance of Hurricane Ian’s landfall in the total amount of $2,275.50 (All Districts) 7) Recommendation to hold a public hearing to consider vacating a portion of Sandy Lane. The subject Right-of-Way is located Page 13 November 8, 2022 approximately one-half mile east of Santa Barbara Boulevard and one mile north of Rattlesnake Hammock Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (VAC- PL20210000560) (District 1) Resolution 2022-177 8) Recommendation to approve a second Transportation Commitment Extension Request for the ROCKEDGE Residential Planned Unit Development (RPUD) to provide more time to fulfill the Transit Bus Stop Improvement Commitment. (District 1) 9) Recommendation to approve the Transit Asset Management (TAM) Plan for Collier Area Transit (CAT). (All Districts) 10) Recommendation to approve a Resolution and execute the FY23-24 Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) in the amount of $2,312,820 providing for State funding for eligible Collier County fixed-route transit administrative, management, and operational expenses in the amount of $1,156,410, approve a local match in the amount of $1,156,410, and authorize the necessary Budget Amendments. (All Districts) Resolution 2022-178 Moved to Item #11P (Per Agenda Change Sheet) 11) Recommendation to approve the cooperative procurement and use of the Pinellas Suncoast Transit Authority Contract No. 21-980369, Florida Electric Transit Buses with Charging and Associated equipment, for the purchase of 30, 35 and/or 40-foot electric buses for the Collier Area Transit System. (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign a Florida Department of Emergency Management Hazard Mitigation Grant Program (Contract #H0419) contract modification number three for fifty-three (53) portable generators, adding one year to the contract. (All Districts) Page 14 November 8, 2022 2) Recommendation to approve and execute documents necessary for the conveyance of a Utility Easement for potable water and wastewater infrastructure on County owned property to service the future Collier County Resource Recovery Business and Government Operation Business Park (GOBP), to the Collier County Water-Sewer District, at a cost not to exceed $200. (District 3, District 5) 3) Recommendation to approve an Agreement for Sale and Purchase with Adelaida Hofmann as Trustee of the Adelaida Hofmann Revocable Trust, for a 1.59-acre parcel under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,700. (District 5) 4) Recommendation to approve an administrative Change Order No. 1 for time extension under Construction Agreement No. 22-7950 with Quality Enterprises USA, Inc., for the Pelican Bay Boulevard Sewer Replacement. (Project No. 70240.1) (District 2) 5) Recommendation to approve administrative Change Order No. 3 and approve an anticipated final completion date of November 22, 2022, under Contract No. 21-7823 pertaining to the 108th & 109th Avenues Public Utilities Renewal Project with Douglas N. Higgins. (District 2) 6) Recommendation to approve administrative Change Order No. 3 for a time extension to Construction Agreement No. 21-7899 with Haskins, Inc., on the Hamilton Avenue Improvements Project, due to delays attributable to Hurricane Ian. (District 4) 7) Recommendation to approve a Site Use Lease Agreement with the State of Florida, Department of Management Services to continue service for the statewide law enforcement radio system known as SLERS. (All Districts) 8) Recommendation to accept a project update on the Collier County Sports Complex being built under Agreement No. 17-7198, with Manhattan Construction (Florida), Inc. (Project #50156) (All Districts) 9) Recommendation to approve Change Order No. 11 to Collier County Page 15 November 8, 2022 Sports Complex Phase 2.1 and 2.2A on Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., for use of the Owner’s Contingency. (Project #50156) (District 3, District 5) 10) Recommendation to approve Change Order No. 12 to Collier County Sport Complex Phase 2.1 and 2.2A Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., in the amount of $506,395.57, to redirect previously Board approved funds for a tax free direct material purchase (DMP) of stone because the stone material is no longer available from the DMP supplier. (Project #50156) (District 3, District 5) 11) Recommendation to award Request for Proposal (RFP) No. 22-7951, “Construction Manager at Risk (CMAR) Multi-Project Execution”(buildout of two courtrooms, jury room, fire alarm and sprinkler systems, and elevator upgrade) to Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction, and to approve the attached agreement pertaining to a Collier County Courthouse renovation project with an initial contract amount for pre-construction phase services in the amount of $71,614.00, and establishing a Construction Management fee of 5.5% for the yet to be determined Guaranteed Maximum Price proposal for construction services. (District 4) D. PUBLIC SERVICES DEPARTMENT 1) This Item continued from the September 27, 2022, and October 25, 2022, BCC Meetings. Recommendation to terminate for convenience of Revenue Generating Agreements #20-7707R and #21- 7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. (District 1, District 2) 2) Recommendation to approve and authorize a Budget Amendment to recognize carry forward interest earned, in the amount of $500.72, for the period of April 2022 thru June 2022 on advanced library funding received from the Florida Department of State, and surplus auction proceeds, to support library services for the use of Collier County residents. (Public Service Match Fund 710) (All Districts) 3) Recommendation to approve an “After-the-Fact” contract Amendment Page 16 November 8, 2022 and Attestation Statement between the Area Agency on Aging for Southwest Florida, Inc., and Collier County Services for Seniors to extend the Coronavirus Consolidated Appropriation Act program grant period through June 30, 2023. (Human Services Grant Fund 707) (All Districts) 4) Recommendation to approve an “After-the-Fact” contract Amendment and Attestation Statement between the Area Agency on Aging for Southwest Florida, Inc., and Collier County Services for Seniors to extend the Emergency Home Energy Assistance Program-American Recovery Plan grant period through March 31, 2023. (Human Services Grant Fund 707) (All Districts) 5) Recommendation to approve an “After-the-Fact” third amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc. for the Older American Act grant program to increase the contract amount by $ 940,104.70 and supporting documentation with revision to the Budget Summary (Attachment IX) and the supporting Budget Amendments. (Human Services Grant Fund 707) (All Districts) 6) Recommendation to approve and authorize the Chairman to sign the Second Amendment to the HOME Investment Partnerships Program subrecipient agreement between Habitat for Humanity of Collier County, Inc., and Collier County to extend the period of performance and provide administrative updates. (Housing Grant Fund 705) (All Districts) 7) Recommendation to approve and authorize the Chairperson to sign: (1) the Third Amendment to the Subaward Agreement between Collier County and the Institute for Intergovernmental Research for the Building Bridges Between Jails and Community-Based Treatment for Opioid Use Disorder Demonstration Project, (2) the corresponding First Amendment to the Subrecipient Agreement with the Collier County Sheriff’s Office, (3) a Budget Amendment to recognize additional grant funding in the amount of $26,691. (Human Service Grant Fund 707) (All Districts) 8) Recommendation to approve Agreement #22-043-NS “Agreement for Animal Licensing Services with PetData, Inc., and to approve Page 17 November 8, 2022 expenditures under the Agreement and Single-Source Waiver for a period of five (5) years. (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to ratify Property, Casualty, Workers’ Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution 2004-15 for the fourth quarter of FY 22. (All Districts) 2) Recommendation to approve the sale and disposal of surplus assets per Resolution 2013-095 via public auction on December 10, 2022; approve the addition of surplus items received subsequent to the approval of this Agenda Item for sale in the auction; and authorize the Procurement Director, as designee for County Manager, to sign for the transfer of vehicle titles. (All Districts) 3) Recommendation to approve the administrative report prepared by the Procurement Services Division for contractual modifications requiring Board approval. (All Districts) 4) Recommendation to award Invitation to Bid (“ITB”) No. 22-7985 “Filters for Fleet Vehicles & Equip. (All Districts) 5) Recommendation to adopt a resolution authorizing the removal of 7,807 ambulance service accounts and their respective uncollectible accounts receivable balances which total $4,876,008.70, from the accounts receivable of Collier County Fund 490 (Emergency Medical Services) finding diligent efforts to collect have been exhausted and proved unsuccessful. (All Districts) Resolution 2022-179 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant Agreements for the second grant round for FY 2022-2023 Non-County Owned/Operated Museums (formerly Category C-2) and make a finding that these expenditures promote tourism. (All Districts) Page 18 November 8, 2022 2) Recommendation to approve the Third Amendment to Agreement No. 17-7127, “3-1-1 / Customer Relationship Management (CRM) Initiative” with Qscend Technologies, Inc., and approve expenditures made under the attached Third Amendment of the Agreement. (All Districts) 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the FY22-23 Adopted Budget. (All Districts) Resolution 2022-180 Moved to Item #11Q (During Agenda Changes by Commissioner Taylor) 4) Recommendation to receive information concerning an Agreement between United Soccer Leagues, LLC, and PARA SFM, LLC, concerning negotiating rights for a potential stadium use agreement at the Paradise Coast Sports Complex. (All Districts) 5) Recommendation to authorize a FY 2022 budget amendment to transfer reserves, in the amount of $40,000, within Combined 911 System Fund (611) for FY 2022 reimbursements to the Sheriff. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Salazar Machine and Steel, Inc., for non-aeronautical land use at the Immokalee Regional Airport. (District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2023. (All Districts) Page 19 November 8, 2022 2) Recommendation 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 October 13, 2022, and October 26, 2022, pursuant to Florida Statute 136.06. (All Districts) 3) Recommendation that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of November 2, 2022. (All Districts) 4) Recommendation to approve a budget amendment to fund the FY2023 Pay and Classification Plan for the Clerk of the Circuit Court and Comptroller Office in concert with the County’s prior Plan approvals effective October 1, 2022, in the amount of $1,339,300. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint four members to the Affordable Housing Advisory Committee. (All Districts) Resolution 2022-181: Appointing Arol Buntzman, Jennifer Faron, Todd Lyon, Reappointing Stephen Hruby 2) Recommendation to appoint one member to the Lely Golf Estates Beautification Advisory Committee. (District 1) Resolution 2022-182: Appointing Anita Ashton with term expiring on October 1, 2026 3) Recommendation to approve a Status Update for the litigation styled Collier County v. Mammoth Constructors, LLC, (Case No. 2021-CA- 000132) now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and authorize the necessary budget amendment. (All Districts) 4) Recommendation to appoint four members to the Black Affairs Advisory Board. (All Districts) Resolution 2022-183: Appointing John Newton, Jeris Lampkin Smith and Cynthia Griffin Cave and Reappointing Michael Patterson Page 20 November 8, 2022 5) Recommendation to approve a Stipulated Final Judgment in the total amount of $265,000 plus $68,230 in statutory attorney and experts’ fees and costs, for the taking of Parcel 165FEE required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 6) Recommendation to appoint three members to the Historic/Archaeological Preservation Board. (All Districts) Resolution 2022-184: Appointing Candace Johnson and Zachary Burch and Reappointing Austin Bell ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Adopted – 5/0 A. This item continued from the October 25, 2022, BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that changes the distance of the mailed written public notice requirement for variance applications from 1 mile to 1,000 feet for all Estates (E) zoned properties located in the Rural and Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Ten Application, Review, and Decision-Making Procedures, including section 10.03.05 - Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220004350] Page 21 November 8, 2022 (All Districts) Ordinance 2022-44 B. This Item is being continued to the December 13, 2022, BCC Meeting. 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- PL20210001872, to disclaim, renounce and vacate the County and the public interest in a portion of the 24-foot drainage easement located along the border between Lots 14 & 15, Block “B” of Palm River Estates, Unit No. 7, as recorded in Plat Book 12, Page 28 of the public records of Collier County, Florida, located in Section 23, Township 48 South, Range 25 East, Collier County, Florida and to accept Petitioner’s grant of a drainage easement to replace the vacated drainage easement. Resolution 2022-185 C. This item continued to the December 13, 2022, BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings) Page 22 November 8, 2022 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.