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Recap 04/11/2023 RPage 1 April 11, 2023 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 April 11, 2023 9:00 AM Commissioner Rick LoCastro, District 1; – Chair Commissioner Chris Hall, District 2; – Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – 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 AN IN-PERSON 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 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 2 April 11, 2023 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 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. Page 3 April 11, 2023 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor James Boyd - Grow Church, Naples 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 Saunders; Seconded by Commissioner McDaniel and Commissioner Kowal- Approved and/or Adopted w/changes 5/0 B. March 14, 2023, BCC Meeting Minutes Motion to approve by Commissioner McDaniels; Secconded by Commissioner Hall- Approved as presented 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES 2) 25 YEAR ATTENDEES a) This item continued from the March 28, 2023, BCC Meeting. 25 Years - Jeanne Marcella - Transportation Management Services - Administrative Support Specialist II Presented 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH Page 4 April 11, 2023 4. PROCLAMATIONS (All Proclamations Adopted with One Motion) A. Proclamation recognizing Sunlight Home of Collier County. To be accepted by Carolyn Bott, President. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0 B. Proclamation recognizing the Bargain Basket Thrift Store as recipient of the Waste Reduction Awards Program (WRAP) award, for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Samantha Arago and Bill Johnenning and represented by Jonathan Bartos from our Solid and Hazardous Waste Management Division. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0 C. Proclamation designating April 9 - 15, 2023, as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Greg Smith, Captain Chris Gonzalez, Manager Amy Tuff, and several 911 Collier County Telecommunicators. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0 D. Proclamation designating April 2023 as Water Conservation Month in Collier County. To be accepted by Howard Brogdon, Water Division Director. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0 5. PRESENTATIONS A. Artist of the Month – Collier County Student winners of 2024 Keep Collier Beautiful Contest Presented B. Presentation of the Collier County Business of the Month for April 2023 to Galt Insurance Group. The award will be accepted by Andrea Galt, Marketing & PR Director, and Sara Barcarolo, Director of Human Resources. Also attending are Michael Dalby, President & CEO, and Page 5 April 11, 2023 Bethany Sawyer, Vice President of Membership & Investors, the Greater Naples Chamber of Commerce. Presented C. Presentation of the 2022 Drinking Water Plant Operations Excellence Award in recognition of outstanding treatment plant operation, maintenance, and compliance for the Collier County North Regional Water Treatment Plant from the Florida Department of Environmental Protection. To be accepted by Howard Brogdon, Division Director, Water, Public Utilities Department. (All Districts) Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Jesse Karen – Boat parks permit issues/comments B. Bill Dantuono– Parking issue/uncertified boat at Bayview boat park 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider adopting an Ordinance establishing the Collier County Health Freedom Bill of Rights. (Companion to Item #10A) (All Districts) Ordinance 2023- 18: Motion to approve with changes that include removal of “expansion” comments from the last whereas, add specific state statute references to the second to the last whereas and change 3 vote references from unanimous to super majority by Commissioner Hall; Seconded by Commissioner Saunders- Adopted 5/0 10. BOARD OF COUNTY COMMISSIONERS A. To be heard immediately following Item #9A. Recommendation to adopt a Health Freedom Resolution. (Companion to Item #9A) (Sponsored by Commissioner Hall) (All Districts) Resolution 2023- 69: Motion to approve with changes that included confirmation of removal of #7, 1st whereas add “some”, 2nd whereas add “possibly” and changes in red by Commissioner Hall; Seconded by Page 6 April 11, 2023 Commissioner McDaniel- Adopted 4/1 (Commissioner Saunders opposed) B. Recommendation to appoint two members to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) Resolution 2023-70: To reappoint/appoint (Patricia Sherry, Kerry Geroy, Ronald Kaplan, Joe Trachtenberg) 1st Motion to appoint Patricia Sherry by Commissioner Kowal; Seconded by Commissioner McDaniel to appoint Patricia Sherry – Adopted 5/0; 2nd Motion to appoint Kerry Geroy by Commissioner LoCastro; Seconded by Commissioner Hall- Adopted 5/0 C. To be heard immediately following Item #5C. Recommendation to direct the Clerk of the Circuit Court to timely transfer $30 million to the State of Florida pursuant to the terms of the Memorandum of Agreement and Escrow Agreement for the “State Veterans’ Nursing Home” project using Infrastructure Sales Surtax Funding and authorize the necessary budget amendment (Fund No. 318). (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro- Approved 5/0 Moved from Item #16H2 (Per Agenda Change Sheet) D. Recommendation to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15, Conversion of Golf Courses. (All Districts) Motion to not repeal and have staff study for improvements and bring item back with recommendations by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved 5/0 11. COUNTY MANAGER'S REPORT A. Recommendation to authorize the Chairman to sign a letter of concurrence to support the continuation of the U.S. Army Corps of Engineers (USACE) Collier County Coastal Storm Risk Management Feasibility Study. (Trinity Scott, Department Head, Transportation Management Services) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 5/0 B. Recommendation to authorize budget amendments to recognize $23,233,000 in revenues deposited in the Solid Waste Capital Fund (474) received from the Federal Emergency Management Agency (FEMA) related to the Page 7 April 11, 2023 Hurricane Ian debris removal expedited expense reimbursement, and return budgeted funds back to the original funding sources which include Water/Sewer Operations Fund (408) ($8,913,500), Water Capital Fund (412) ($8,909,869), Solid Waste Disposal Fund (470) ($2,151,700), and capital projects within the Solid Waste Capital Fund (474) ($3,257,931). (Chris Johnson, Interim Director – Corporate Financial and Management Services) (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner Hall- Approved 5/0 C. Recommendation to approve an operations and maintenance budget in the amount of $1,200,000, in fiscal year 2023 (FY23), for the newly constructed interim Northeast County Water Reclamation Facility (NECWRF) and Potable Water Storage Tank and Pump Station, authorize twelve (12) additional Full-Time Equivalent positions, and authorize all necessary FY23 budget amendments. (Craig Pajer, Subregional Utilities Director) (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders- Approved 5/0 D. To be heard no sooner than 1 P.M. Recommendation to execute a new Interlocal Agreement between Collier County and the Greater Naples Fire Rescue District for continued management of the Ochopee Fire District, authorize necessary budget amendments and authorize staff to bring back a proposed millage cap update to the Ochopee Fire District Ordinance (Estimated Fiscal Impact $4,046,870.52). (Ed Finn, Deputy County Manager) (All Districts) Motion to approve with long-term clause by Commissioner McDaniel; Seconded by Commissioner LoCastro- Approved 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 8 April 11, 2023 1) Recommendation that the Board of County Commissioners approve a pilot test program with Ecological Laboratories of Cape Coral Florida to monitor and document the result of using Ecological Laboratories product “Quantum Growth Series” a soil and plant microbial inoculant within the existing landscape right of way within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) and accept the donation of the product. (Debrah Forester, Community Redevelopment Agency Division Director) (District 4) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal- Approved 5/0 2) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRA), direct staff to give at least 30 days public notice of its intent to sell, lease, or otherwise transfer approximately 1.84 acres of CRA-owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore Gateway Triangle Community Redevelopment Area, and invite proposals from, and make all pertinent information available to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate this parcel. (Debrah Forester, Community Redevelopment Agency Division Director) (District 4) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Approved 5/0 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 PROJECT UPDATES Added (Per Proposed Agenda Sheet) 1) Rock Crushing Update - Presented with request to pursue contingency plan for next meeting C. STAFF AND COMMISSION GENERAL COMMUNICATIONS 1) County Manager Patterson – Comments on public utility rates Page 9 April 11, 2023 increase stating more information will be provided on options for rate adjustments 2) Commissioner Hall – Thanks to colleagues for discussions 3) Commissioner McDaniel – Comments on how county handles claims, Comments on getting a letter of support for Governor’s legislation for “Moving Florida Forward”, Interlocal update from Dan Rodriguez 4) Commissioner Kowal – Proud about how the meeting went 5) Commissioner Saunders – Comments on 1-cent sales tax; $15 million was allocated for a vocational education facility; project update will be provided by staff in a May meeting 6) Commissioner LoCastro- Comments on an updated information list for the Conservation Collier properties, Marina parking comments, Marina store contract comments, Tigertail Beach comments, Thanks to Terri Lewis and Troy Miller, Marina parking issues follow-up required ASAP ------------------------------------------------------------------------------------------------------------ 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 and accept the conveyance of the potable water utility facilities for the Nagakris Professional Building, PL20180003044, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $4,862.97 to the Project Engineer or the Developer’s designated agent. (District 2) A final inspection by staff found these facilities to be satisfactory and acceptable on February 27, 2023 2) Recommendation to approve final acceptance of the potable water and sewer facilities for Siena Lakes, PL20200002457, accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Page 10 April 11, 2023 Final Obligation Bond in the total amount of $135,239.92 to the Project Engineer or the Developer’s designated agent. (District 2) A final inspection by staff found these facilities to be satisfactory and acceptable on March 12, 2023 3) Recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of the sewer facilities for Terreno at Valencia Golf and Country Club Phase 1A-2 (Sewer Only), PL20220006264. (District 5) A final inspection by staff found these facilities to be satisfactory and acceptable on February 8, 2023 4) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Valencia Lakes - Phase 6-A, Application Number AR-5383 and PL20110001980, and authorize the release of the maintenance security in the amount of $76,104. (District 5) Resolution 2023-59 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Broadview Estates, Application Number PL20210003212. (District 1) Located in Section 20, Township 51 South, Range 27 East 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Hacienda Boulevard Phase One, Application Number PL20220001391, approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $1,308,086.70. (District 1) Located in Secions 14 and 23, Township 50 South Range 26 East 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 Logan Towns, Application Number PL20220001513, approval of the standard form Construction and Maintenance Agreement, and approval of the performance Page 11 April 11, 2023 security in the amount of $855,817.88. (District 3) Located in Section 28, Township 48 South, Range 26 East 8) Recommendation to approve an extension for completion of required subdivision improvements associated with Montiano (PL20140002750) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). (District 1) Extending the deadline from September 8, 2022 to September 8, 2025, w/improvement to receive final acceptance prior to April 11, 2025 9) Recommendation to consent to the filing of applications by GM Advisors, LLC, for a growth management plan amendment and a rezoning on a County-owned parcel on Immokalee Road that is subject to a Board-approved land swap agreement. (District 5) For Folio #37742880001 and Folio #37743960001 10) Recommendation to approve and execute a Second Amendment to Developer Agreement with GM Advisors, LLC, for a land swap on Immokalee Road in order to extend the construction schedule. (District 5) New improvements must be completed by August 28, 2024 11) Recommendation to approve the selection committee’s ranking related to Request for Professional Services (“RPS”) No. 23-8057, “Design Services for Goodlette-Frank Road/Naples Zoo Stormwater Outfall,” and authorize staff to begin contract negotiations with the top-ranked firm, WGI, Inc., so that a proposed agreement can be brought back for the Board’s consideration at a future meeting. (All Districts) 12) Recommendation to award Request for Quote ("RFQ") No. 2022-012, "Collier Area Transit ADA Bus Stop Site Improvements," utilizing Agreement No. 19-7646, to Capital Contractors, LLC, in the amount of $409,382.80, and authorize staff to issue a purchase order for the total amount. (All Districts) 13) Recommendation to authorize the necessary budget amendments to reallocate funds within the Transportation Management Services Department Stormwater Bond Fund 327 in the total amount of $522,900. (District 1, District 3, District 4, District 5) Page 12 April 11, 2023 14) Recommendation to approve Change Order No. 2 to Agreement No. 20-7735, Design-Build Whippoorwill Lane and Marbella Lakes Drive Connection to Quality Enterprises USA, Inc., adding ninety-five (95) days to the construction contract (County Project Number 60219). (District 2) The new final completion date as August 28, 2023 15) Recommendation to award Construction Invitation to Bid (ITB) No. 23-8079, “Treeline Drive & Logan Blvd. North of Immokalee Rd. Intersection Improvements,” Project #60245 to Thomas Marine Construction, Inc. in the amount of $1,249,275.10, authorize the necessary budget amendment and the Chairman to sign the attached Agreement. (Jay Ahmad, Director Transportation Engineering). (District 2, District 3) 16) Recommendation to authorize the necessary budget amendment to reallocate Transportation Engineering Division project funds to reallocate Naples Production Park Maintenance reserve funds to fund Commercial Blvd. at Domestic Ave. Intersection Improvements. (District 4) For the construction of turn lanes on all approaches 17) Recommendation to approve Change Order No. 1 to Agreement No. 20-7708, Design-Build Veterans Memorial Boulevard Extension, Phase I, with Quality Enterprises USA, Inc., to revise the plans in accordance with County staff-requested changes in a total not to exceed amount of $784,998.50, add 35 additional days, approve the necessary budget amendments for the design build cost share with the Public Utilities Department, and authorize the Chairman to sign the attached Change Order (Project Number 60198). (All Districts) 18) Recommendation to approve and authorize the chairman to execute Local Agency Program (LAP) Agreement 446252-1-58-01, between the Florida Department of Transportation (FDOT) and Collier County, where FDOT will provide up to $456,500 in Federal funding to update Collier County’s School Flasher System; execute a Resolution memorializing the Board’s action; and authorize all necessary budget amendments. (All Districts) Resolution 2023-60 Page 13 April 11, 2023 19) Recommendation to adopt a resolution authorizing the purchase of 5.15 acres of unimproved land (Parcel 102FEE) necessary for the construction of roadway, drainage and utility improvements for the Randall Boulevard/Immokalee Road Project No. 60147, and to approve a purchase agreement in the amount of $1,231,000 (Estimated Fiscal Impact: $1,237,350 and approve miscellaneous title policy, closing and recording fees estimated not to exceed $6,350. Source of funds is impact fees and or gas taxes.). (District 5) Resolution 2023-61 20) Recommendation to accept the award and authorize the Chairman to execute Grant Agreement No. RT015 between Collier County Board of County Commissioners and the Florida Department of Environmental Protection for Biological Debris Removal associated with Red Tide within Collier County and accept grant funding in the amount of $446,000 (Project No. 33851). (All Districts) 21) Recommendation to provide after-the-fact approval for the submittal of a Watershed Protection Program grant application to the United States Department of Agriculture, Natural Resources Conservation Service, in the estimated amount of $9,328,519.40, with an estimated local match in the amount of $2,809,795.00, authorize the County Manager or designee to execute the award and amendments, and authorize any necessary budget amendments. (All Districts) 22) Recommendation to approve a Budget Amendment in the amount of $319,808.52 to cover cost increases as a result of the Third Amendment to Contract No. 18-7382 for Collier Area Transit (CAT) Fixed Route, Demand Response, and Transit Operations Management Services with MV Transportation, Inc. (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRA), approve a Purchase Agreement with Catholic Charities Diocese of Venice, Inc., to convey 1.96 acres of CRA owned property in the Immokalee Community Redevelopment Area. Purchase Price is $600,000. (District 5) C. PUBLIC UTILITIES DEPARTMENT Page 14 April 11, 2023 1) Recommendation that the Board 1) approve the sale of the property to Collier County Water-Sewer District in the amount of $370,050; 2) accept such property as the Ex-Officio Governing Board of CCWSD; and 3) Authorize its Chairman to execute the Statutory Deed and all documents required to transfer the property for conveying a 7.38 parcel of land held by the GAC Land Trust to be used for the Northeast Service Area (“NESA”) utility projects program (GAC Land Sales Fund 605). (District 5) 2) Recommendation to waive liquidated damages against Florida Design Drilling Corporation pertaining to the construction of the New Tamiami Well 40 Project under Agreement No. 20-7808, approve all previous administratively authorized Change Orders, and authorize payment of any pending or final payment applications subject to the contractor providing all required backup documentations prerequisite to processing payment. (District 5) 3) Recommendation that the Board approve Change Order No. 3 providing for a 60-day time extension to Construction Agreement No. 21-7912 with R2T, Inc., for the NCRWTP Chemical Bulk Tank Replacement project, and authorize the Chairman to sign the attached Change Order (Project No. 71066). (All Districts) 4) Recommendation to award Invitation to Bid (“ITB”) No. 23-8059, “39th Avenue NE - Waterways Wall Extension,” to Coastal Concrete Products, LLC, d/b/a Coastal Site Development, in the amount of $299,966.00, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendment. (District 5) 5) Recommendation to approve a License Agreement with American Towers, LLC, for the Collier County Water Sewer District to place an antenna on a privately-owned communications tower at the Big Corkscrew Island Fire and Rescue Station on Immokalee Road and authorize the Chair to sign the agreement. (District 5) 6) Recommendation to approve a Certification of Financial Responsibility, as required by the Florida Department of Environmental Protection, for the renewal of an operating permit for the deep injection well system at Collier County’s South County Water Reclamation Facility and authorize the Chair to execute the Page 15 April 11, 2023 Certification of Financial Responsibility form. (District 1) 7) Recommendation to approve proposal No. 10788, under Agreement No. 19-7592 Building Automation Energy Management Services, from Juice Technologies, Inc., d/b/a Plug Smart, and authorize the issuance of a purchase order in the amount of $302,990.89 to replace the proprietary N2 Johnson Controls BMS with new BACnet Reliable Controls at the Collier County Sheriff’s Office Special Operations Building (Project No. 52162). (District 4) 8) Recommendation to approve a First Amendment to Agreement No. 22-7992R, “Palm River Public Utilities Renewal Project Areas #1 and #2,” with Haskins, Inc., pertaining to the replacement of public utilities infrastructure in Palm River, and authorize the Chairman to sign the amendment. (District 2) 9) Recommendation to approve the Second Amendment to Agreement #18-7279 in the amount of $88,463 and approve Change Order No. 3 for a time extension for an additional 120 days associated with additional design engineering services with Q. Grady Minor and Associates, P.A., for the Big Corkscrew Island Regional Park (BCIRP) Phase II (Project No. 80039). (District 5) 10) Recommendation to approve Change Order No. 16 to Paradise Coast Sports Complex Phase 2.1 and 2.2A, under the Sixth Amendment to Agreement No. 17-7198 with Manhattan Construction (Florida), Inc., providing for a time extension of 45 days (Project #50156). (District 3, District 5) 11) Recommendation to approve administrative Change Order No. 1 to Purchase Order 4500217564 for an additional $9,320 to investigate an alternative site under Agreement No. 20-7753 with Schenkel & Shultz, Inc., for Design Services for North Naples EMS Station (Project No. 55213.1). (District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept and recognize a grant donation from the Naples on the Gulf Chapter of the Daughters of the American Revolution through Rebecca Ann Schlueter, Corresponding Secretary Page 16 April 11, 2023 in the amount of $200 and authorize the necessary Budget Amendments. Library Admin Grant Fund (Fund 129) (All Districts) 2) Recommendation to accept the donation of a Stadium sound system from Gulf Coast National Little League for use at Cindy Mysels Park. This donation will replace the existing sound system with a comparable modern system. (All Districts) 3) Recommendation to approve a Second Amendment to Extend Agreement No. 11-5785, “Management of Pelican Bay Tennis Center,” with The Naples Tennis Academy, LLC, for a period of one year. (District 2) 4) Recommendation to approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $23,310 and the associated budget amendment. (SHIP Grant Fund 791) (All Districts) 5) Recommendation to approve the initial allocation of City/County Abatement funds from the State of Florida Opioid Settlement Fund in the amount of $289,151.06 and authorize the necessary budget amendment. (Collier County Seniors Fund 123) (All Districts) E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property that is no longer viable and then removal from the County’s capital asset records and notification of revenue. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a Resolution withdrawing Collier County from the Florida Local Government Finance Commission. (All Districts) Resolution 2023-62 2) Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the March 2023 Sports Tourism Event, Trilogy Lacrosse, up to $12,000, and make a finding that these expenditures promote tourism. (All Districts) Page 17 April 11, 2023 3) Recommendation to authorize budget amendments in the amount $721,760 to provide additional funding for maintenance and repair of the County’s 800mhz Public Safety Radio Communications System and for the replacement of five (5) fixed tower site generators. (All Districts) 4) Recommendation to adopt a Resolution approving amendment (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2022-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) Resolution 2023-63 5) Recommendation to approve modifications to the 2023 Fiscal Year Pay & Classification Plan which consist of nine new classifications, four classification title revisions and six reclassifications made from January 1, 2023 through March 31, 2023. (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to adopt a Resolution establishing the Coastal Storm Risk Management Feasibility Study Ad Hoc Advisory Committee, and direct staff to advertise for members in the same manner as other advisory boards. (All Districts) Resolution 2023-64 Moved from Item #10D (Per Agenda Change Sheet) 2) Recommendation to direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15, Conversion of Golf Courses. (All Districts) I. MISCELLANEOUS CORRESPONDENCE 1) April 11, 2023, Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS Page 18 April 11, 2023 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 March 16, 2023, and March 29, 2023, pursuant to Florida Statute 136.06. (District 1) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of April 5, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint a member to the Collier County Citizen Corps. (All Districts) Resolution 2023-65: Appointing Ethan Ticehurst to representhe Red Cross w/term expiring on November 5, 2026 2) Recommendation to reappoint two members to the Tourist Development Council. (All Districts) Resolution 2023-66: Reappointing Kathleen Brock and Clark Hill both w/terms expiring on April 21, 2027 3) Recommendation to appoint four members to the Public Art Committee. (All Districts) Resolution 2023-67: Appointing Nore Beyrent, Lisa Cataldo- Absher, Paul Gower and Martha “Muffy” Gill w/terms for all expiring on April 12, 2025 4) Recommendation to reappoint a member to the Public Transit Advisory Committee. (All Districts) Resolution 2023-68: Reappointing Peter Berry with term expiring on March 26, 2026 5) Recommendation to approve retention of Derek P. Rooney to serve as mediator for a voluntary mediation related to a Bert Harris Notice of Claim filed pursuant to Florida Statutes 70.001(4)(a) by La Minnesota Riviera LLC, regarding the Riviera Golf Course. (District 1) ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from Page 19 April 11, 2023 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 requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD), by adding warehousing and flex space uses including specialty trade contracting, minor fabrication, and manufacturing as principal uses in addition to previously permitted commercial uses on the Commercial Tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the Commercial Tract. The subject Commercial Tract consisting of 9.6+/- acres is part of the 635+/- acre PUD located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. (PL20200002302) (District 1) Ordinance 2023-17 B. 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 and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) zoning district and eliminate the Activity Center #9 Overlay zoning district, and establish uses, boundaries, and design standards, 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 One General Provisions, including Section 1.08.01 Abbreviations; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.23 Same—Development in Page 20 April 11, 2023 the Activity Center #9 Zoning District; and Chapter Five Supplemental Standards, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002400] (First of two hearings) (District 1, District 3, District 5) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.