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Recap 11/14/2023 RPage 1 November 14, 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 November 14, 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 November 14, 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 Page 3 November 14, 2023 LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Reverend Kirt Anderson, Naples Community Church Invocation given 2. AGENDA AND MINUTES  Motion to allow Commissioner McDaniel to attend the meeting via zoom by Commissioner Kowal; Seconded by Commissioner Saunders – Approved 4/0 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 Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 B. October 3, 2023, Board Workshop Minutes Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Approved – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating November 2023 as National Hospice and Palliative Care Month. To be accepted by Mark Beland, Community Page 4 November 14, 2023 Liaison, Avow Hospice, and other distinguished guests. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted – 5/0 B. Proclamation designating November 15 - 22, 2023, as Farm-City Week in Collier County. To be accepted by Russell Budd, Event Chairman, and other distinguished guests. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal- Adopted – 5/0 5. PRESENTATIONS A. Artist of the Month – Americas Military & First Responders Museum Presented B. Presentation of the Collier County Business of the Month for November 2023 to Regions Bank. The award will be accepted by Cynthia Valenti Smith, Market Executive, Alon Naftali, Commercial Banking, Eric Trevino, Branch Manager, and Lisa Shuryn, SBA Commercial Loan Manager. Also present is Bethany Sawyer, Vice President of Membership and Investors, Greater Naples Chamber of Commerce. Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 1. Robert Thurston – Targeted Individual Program 2. Michael Rinaldi – Comments on problems with the Collier County CATS Transportation for the blind 3. Tyler Wood – Comments on having his Carbotura facility in Collier County which specializes in solid waste elimination and conversion 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS Moved from Item #17E (Per Agenda Change Sheet) kept as Item #17E per Page 5 November 14, 2023 Commissioner Hall’s request; Moved from Item #17A During Agenda Changes (Companion to Item #16A1 moved to Item #11D) A. Recommendation to approve an Ordinance amending the Collier County Land Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a companion to Item #11D formerly Item #16A1) (Commissioner LoCastro’s request) Ordinance 2023-63: Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Adopted – 5/0 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. This Item to be heard at 11 A.M. Recommendation to accept the Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rate and Fee Study and direct the County Manager or her designee to advertise a resolution amending Schedules One, Two, Three, Four, and Five of Appendix A to Section Four of Collier County Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. 2001-73, as amended, with effective dates of January 1, 2024, October 1, 2024, and October 1, 2025. (Joe Bellone, Public Utilities Finance Director) (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approved – 5/0 B. Recommendation to approve an Agreement for Sale and Purchase with 1) Dredge Management Associates, LLC; 2) Clair Williams; 3) Scott Kent Bailey and Christopher Roger Bailey (“Bailey); and 4) Thomas Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon (“Mooney”) under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,665,525, expand the Winchester Head Preserve multi-parcel project area boundary to include the Bailey parcel, and authorize budget amendments to recognize carryforward of $8,800,000 in Conservation Collier Acquisition Fund (1061) and $515,000 in and Conservation Collier Maintenance Fund (1062). (Jaimie Cook, Development Review Director) (District 1, District 5) 1) Dredge Management Associates, LLC – Motion to approve by Commissioner LoCastro; Seconded by Commissioner Saunders - Page 6 November 14, 2023 Approved – 3/2 (Commissioner Kowal and Commissioner Hall opposed) 2) Clair Williams – Motion to approve by Commissioner Kowal; Seconded by Commissioner LoCastro – Approved – 5/0 3) Scott Kent Bailey and Christopher Roger Bailey (“Bailey) – Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved – 5/0 4) Thomas Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon (“Mooney”) – Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Approved – 5/0 C. Recommendation to award Invitation to Bid No. 23-8147, construction of the Big Corkscrew Island Regional Park Phase 2A Access Road, to Quality Enterprises USA, Inc., in the amount of $9,028,810.55, and authorize the Chairman to sign the attached agreement. (District 5) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved – 5/0 Moved from Item #16A1 (Per Agenda Change Sheet) Companion to Item #9B (moved to #9A) formerly Item #17A D. Recommendation to approve a Resolution amending Ordinance No. 2004- 66, as amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information Meetings and provide an effective date. (This is a companion to Item #9B formerly Item #17A) (Commissioner LoCastro’s request) Resolution 2023-211; Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Adopted – 5/0 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K2 (Per Agenda Change Sheet) then Further moved back to Item #16K2 in the Consent and Summery (Per Commissioner Saunders during Agenda Changes) 1) Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the County Attorney to help select and retain outside counsel at County expense to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records dispute, and in addition to Page 7 November 14, 2023 exempt the selection of outside counsel from the competitive process as permitted under section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (All Districts) 13. OTHER CONSTITUTIONAL OFFICERS A. This Item to be heard at 10 AM. This item continued from the October 24, 2023, BCC Meeting. 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, 2024. (All Districts) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Approved – 5/0 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 PROJECT UPDATES 1) Recommendation to accept the November 2023 Project Update For the ‘Vanderbilt Beach Road Extension’. (Project 60168) (Jay Ahmad, Transportation Engineering Director) (District 5) Presented 2) Staff update on the Legend Concert series at the Paradise Coast Sports Complex. (Commissioner Saunders’ request) Presented C. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 8 November 14, 2023 1. County Manager Amy Patterson – Announcement: Workforce Housing Property dedication ceremony on November 27, 2023 @ 10 a.m. at Golden Gate Golf Course, Enjoy your Thanksgiving! 2. Deputy County Manager Dan Rodriguez – County looking for a replacement for the TDC Director, Commercial permitting activity going into the 2024 season, Updates for next meeting. 3. County Attorney Jeff Klatzkow – Happy Thanksgiving wishes! 4. Commissioner McDaniel – Thanks for allowing him to participate via zoom, Happy Thanksgiving wishes! 5. Commissioner Hall – Comments on update for the outside vendors for the budget process, Comments on asking the board to waive fees for use of the Vineyard Park for children’s group to continue to meet twice weekly, Staff will investigate related insurance details. 6. Commissioner Kowal – Happy Thanksgiving wishes! 7. Commissioner Saunders – Happy Thanksgiving wishes! 8. Commissioner LoCastro – Comments on Tallahassee meeting, Comments on potentially bringing back the 1-cent surtax as an agenda item on next board meeting, Comments on new vendors for the marina only accepting credit payments with need for consistency for next board meeting, Update on the lien on the home in Goodland from County Attorney Klatzkow. ------------------------------------------------------------------------------------------------------------ 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 Move to Item #11D (Per Agenda Change Sheet) 1) Recommendation to approve a resolution amending Ordinance No. 2004-66, as amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information Page 9 November 14, 2023 Meetings and provide an effective date. (This is a companion to Item #17A) (All Districts) 2) Recommendation to approve an amendment to Resolution No. 2021- 193, the Growth Management Community Development Department Services Fee Schedule, with an effective date of January 1, 2024, to comply with Florida Statute Section 553.791, Section 2(b). (All Districts) Resolution 2023-200 3) Recommendation to direct staff to advertise and bring back an Ordinance amending Ordinance 2004-58 as amended, the Property Maintenance Code by amending Section Six, compliance with housing standards to reduce the minimum square footage requirements for multi-family dwelling units. (All Districts) 4) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Esplanade Golf and Country Club of Naples Hatcher Parcel, PL20200002660, and authorize the County Manager, or designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. (District 3) 5) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esplanade Golf and Country Club of Naples, Application Number PL20120001261, and authorize the release of the maintenance security in the amount of $436,726.39. (District 3) Resolution 2023-201 6) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Ventana Pointe, PL20210002167. (District 3) 7) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Valencia Trails Naples - Plat Four, PL20230010707. (District 3) Page 10 November 14, 2023 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $112,940, which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Del Webb Naples Parcels 307-310, PL20220003778. (District 5) 9) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $114,460, which was posted as a guarantee for Excavation Permit Number PL20190001437 for work associated with Del Webb Way Extension. (District 5) 10) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $24,320, which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Lido Isles, PL20220006478. (District 1) 11) This Item requires that Commission members provide ex-parte disclosure. 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 Grove Bayshore (Application Number PL20210002029), approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $2,131,189.72. (District 4) 12) Recommendation to approve a resolution authorizing the temporary closing of a portion of State Road 29 and determining the closure necessary for the Christmas Around the World Parade & Snow Festival hosted by the Immokalee Chamber of Commerce. This recommendation is to fulfill a requirement of the Florida Department of Transportation (FDOT) temporary road closure permit application. (District 5) Resolution 2023-202 13) Recommendation to approve the Conservation Collier Red Maple Swamp Preserve Final Management Plan under the Conservation Collier Program. (All Districts) Page 11 November 14, 2023 14) Recommendation to approve a Memorandum of Agreement (MOA) between the State of Florida, Department of Health, and Collier County for Onsite Sewage Treatment and Disposal Systems (OSTDS) plan review, fee collection, and reconciliation. (All Districts) 15) Recommendation to approve and submit the 2023 State Housing Initiatives Partnership Incentive Strategies Report to Florida Housing Finance Corporation and Florida Housing Coalition as required by section 420.9076, Florida Statutes. (All Districts) 16) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to $164,041.18 in accruing code enforcement liens, arising from the Office of the Special Magistrate Case Nos. CEPM20170012229 and CENA20220004669, titled Board of County Commissioners, Collier County, Florida, vs. Yolanda Fonseca Est. (District 5) 17) Recommendation to approve an after-the-fact payment in the amount of $25,502.00 to Johnson Engineering, Inc., for work performed related to land use petition and Land Development Code amendment review in excess of the original Purchase Order No. 4500220490 contracted amount of $187,616.00, issued under Agreement No. 18- 7432-CE, and make a finding that this expenditure has a valid public purpose. (All Districts) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an Ordinance which would create the unpaved private road emergency repair municipal service taxing unit by authorizing a levy of not to exceed one (1.0000) mil of ad valorem taxes per year. (District 1, District 3, District 5) 2) Recommendation to approve the recently updated intersection design for the Pine Ridge Road Congestion Corridor Study and direct staff to pursue the Jughandle Intersection alternative at Pine Ridge Road and Livingston Road, a conventional intersection at Pine Ridge Road and Page 12 November 14, 2023 Whippoorwill Lane, and the Diverging Diamond Interchange at the Pine Ridge Road/I-75 interchange. (Project No. 60201) 3) Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase the grant award from $1,693,376 to $2,508,376 for construction of a ten-foot multi-use path on County Barn Road from Rattlesnake Hammock Road to SR 84 (Davis Blvd.); to adopt the accompanying resolution formally approving and authorizing the chairman to execute same on behalf of the Board; and to authorize the necessary budget amendments, FPN 438091-2-58-01. (Project #60254, Fund 1841). (District 1, District 4) Resolution 2023-203 4) This item continued from the October 24, 2023, BCC Meeting. Recommendation to award Invitation to Bid ("ITB") No. 23-8130, "US 41 (SR45) North Landscape Irrigation Renovation Improvements," to Hannula Landscaping and Irrigation, Inc., in the amount of $267,205.86, and authorize the Chairman to sign the attached Agreement. (This Item was continued from the October 24, 2023, Meeting.) (District 2) 5) Recommendation to approve administratively approved Change Order No. 3, adding sixty (60) days under Agreement No. 20-7735 with Quality Enterprises USA, Inc. for the “Design-Build of Whippoorwill Lane and Marbella Lakes Drive Connection” project, and authorize the Chairman to sign the attached Change Order. (Project No. 60219) (District 2) 6) Recommendation to approve administratively approved Change Order No. 2, adding thirty (30) days under Agreement No. 21-7857 with Thomas Marine Construction, Inc. for the “Design-Build of Golden Gate Parkway Over Santa Barbara Canal Bridge Replacement” project, and authorize the Chairman to sign the attached Change Order. (Project No. 66066 (District 3) 7) Recommendation to approve Second Amendments to Agreement No. 18-7254 “Airport Pulling Road Landscape Maintenance, Agreement Page 13 November 14, 2023 No. 18-7255 “Pine Ridge Road Landscape Maintenance,” and Agreement No. 18-7257 “Vanderbilt Beach Road Landscape Maintenance” with Superior Landscaping & Lawn Service, Inc. extending the agreements up to six months, and authorize the Chair to execute the Amendments. (All Districts) 8) Recommendation to approve Second Amendments to Agreement No. 18-7253, “Goodlette Frank Road Landscape Maintenance,” and Agreement No. 18-7256, “Golden Gate Parkway & I-75 Landscape Maintenance,” with Superb Landscape Services, Inc. to extend the agreements for an additional 180 days and authorize the Chairman to sign the attached Amendments. (All Districts) 9) Recommendation to Award a Work Order for a Request for Quotation (“RFQ”) for Project No. 60143 - Sanitation Road Culvert Replacement, Under Agreement No. 20-7800, “Underground Contractor Services” to Coastal Concrete Products, LLC. (dba Coastal Site Development), in the Amount of $524,824 and Authorize the Chairman to Sign the Attached Work Order (District 5) 10) Recommendation to adopt a Resolution approving and authorizing the execution of an amendment to the Public Transit Grant Agreement (PTGA) 450306-1-94-01, Contract Number G2692 with the Florida Department of Transportation to extend the end date to June 30, 2024. (District 5) Resolution 2023-204 11) Recommendation to approve a Resolution and execute the FY24-25 Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) in the amount of $2,383,262 providing for State funding for eligible Collier County fixed-route transit administrative, management, and operational expenses in the amount of $1,191,631, approve a local match in the amount of $1,191,631, and authorize the necessary Budget Amendments. (All Districts) Resolution 2023-205 12) Recommendation to approve and authorize the County Manager or her designee to submit grant applications for the Federal Highway Page 14 November 14, 2023 Administration flexible funding in the amount of $3,000,000 for FY 21/22 and $2,500,000 for FY 22/23 to assist with the construction of a new Transit Operations and Maintenance Facility through the Federal Transit Award Management System and to accept the award and authorize any necessary budget amendments. (All Districts) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation that the Board approve a Temporary Construction Easement and Perpetual Access Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to permit temporary construction activities for upgrades to existing Pump Station 304.03, and perpetual access for necessary maintenance and collection activities. (District 4) 2) Recommendation to award Request for Professional Services (“RPS”) No. 23-8060, “Design Services for MPS 309 Force Main to Western Interconnect” to Q. Grady Minor & Associates, P.A., in the total amount of $1,884,968.00, and authorize the Chairman to sign the attached Agreement. (Project #70217) (All Districts) 3) Recommendation to approve a First Amendment to Agreement No. 19-7653RR, “Crane Rental Services,” with Maxim Crane Works, LLC, to incorporate a revised fee schedule to better align with market rates as consideration for the first one-year renewal term under the Agreement. (All Districts) 4) Recommendation to approve Change Order No. 1, authorizing the use of the owner’s allowance in the amount of $70,751.75 and providing for a time extension under Construction Agreement No. 23-8058, with Accurate Drilling Systems, Inc., for the Golden Gate City Transmission Water Main Improvements – Phase 1A – Golf Course project. (Project No. 70253) (District 3) 5) Recommendation to terminate for convenience Construction Agreement No. 22-8008, “South County Regional Water Treatment Plant (SCRWTP) Front Entrance Improvements,” with Fort Construction Group of Naples, Inc. (District 5) Page 15 November 14, 2023 6) Recommendation to award Invitation for Bid (“ITB”) No. 22-8050R, “Scale Preventative Maintenance and Repairs,” to Scale Calibrators, LLC, as primary vendor, and Superior Processing & Weighing, LLC, as secondary vendor, and authorize the Chairman to sign the attached Agreements. (All Districts) 7) Recommendation to accept a project update to NCWRF Pretreatment Facility Project No. 70149 currently under construction with Poole & Kent Company of Florida under Agreement No. 23-8116. (District 2) 8) Recommendation to execute Grant Agreement LPA0495 with the Florida Department of Environmental Protection for “Palm River Public Utilities Renewal Project – Area 4” under Project 72057, to accept the funding in the amount of $3,000,000, authorize the Chairman to sign the attached agreement and approve the necessary budget amendment. (Fund 4016) (District 2) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve Revenue Generating Agreement No. 23- 029-NS, “Amateur Soccer League for Adults,” with the Gulf Coast Adult Soccer League, Inc., as a single source provider of adult soccer league services. (District 3) 2) Recommendation to approve a Resolution superseding Resolution No. 2016-224 and all prior rate resolutions and schedules for the Florida Department of Health in Collier County allowing the health department to establish the proposed Fee Schedule. (All Districts) Resolution 2023-206 3) Recommendation to approve and authorize the Chairman to sign the Fourth Amendment between Collier County and Collier Health Services, Inc., d/b/a Healthcare Network for the administration of the Community Development Block Grant - CV program by extending the period of performance from April 1, 2021, to June 30, 2024. (Housing Grant Fund 1835) (All Districts) Page 16 November 14, 2023 4) Recommendation to approve an "after-the-fact" submittal of the Retired and Senior Volunteer Program 2024-2025 application to AmeriCorps Seniors for $125,254, and allow the County Manager or designee to serve as the authorized representative for the grantor’s electronic submission system, eGrants, throughout the grant period. . (All Districts) 5) Recommendation to authorize the County Manager or designee to apply for the PetSmart Charities Adoption Partner Program and Adoption Rewards Program, and to authorize the County Manager to execute any and all documents to effectuate entering into this Program, including but not limited to an Adoption Partner Agreement. (All Districts) 6) Recommendation to approve a pro-rata reimbursement payment in the amount of $2,169.14 to Paradise Property Management Inc., from General Fund (0001) for Century Link Telephone and Internet services it maintained for the County’s benefit during the concessionaire operations transition period. (District 1, District 2) 7) Recommendation to award Invitation to Bid (“ITB”) No. 23-8131, “Purchase of Off-Road Vehicles and Heavy Equipment for Parks and Recreation,” to Love Power Equipment, Inc., and Monmouth Solutions, Inc., in the amount of $280,927 for a one-time purchase to replace damaged heavy equipment due to Hurricane Ian and authorize the Chairman to sign the attached Agreement. (District 2) 8) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for Calendar Year 2024 Older Americans Act Programs in the amount of $1,440,000, and the estimated cash match of $154,222.22, of which $49,815.99 is met through local vendors. (Human Services Grant Fund 1837) (All Districts) 9) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and TEEN LLC, allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Page 17 November 14, 2023 Survivor Housing Grants Program. (Housing Grant Fund 1835 and Housing Match Fund 1836) (All Districts) 10) Recommendation to approve and authorize the Chairman to execute a Low Income Pool (LIP) Letter of Agreement with the Agency for Health Care Administration (AHCA) in the amount of $568,000 to participate in the Medicaid Central Receiving Facility Low Income Pool Program, and generating $785,000 in federal matching funds, and an annual State Mandated Match agreement with David Lawrence Center, Inc., in the amount of $1,967,339 for FY24; and to ratify an ”after-the-fact” AHCA LIP Letter of Agreement signed by the County Manager and authorize necessary Budget Amendments. (Fiscal Impact $2,535,339) (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to award Invitation to Bid (“ITB”) No. 23-8110, “Filters for Fleet Vehicles & Equipment,” to Sunbelt Automotive, Inc., and authorize the Chairman to sign the attached Agreement. (All Districts) 2) 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 23. (All Districts) 3) Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations from Olive App, LLC, to UnaCasePro LLC, concerning Agreement #21-024-NS, “Case Management Software System.” (All Districts) 4) Recommendation to approve and authorize the Chairman to sign 32 Settlement Agreements and Releases by and between Collier County and employees in revised position classifications, allowing for reimbursement of actual wages earned but not paid to certain employees from October 8, 2020, to October 7, 2022, as a result of the County’s reclassification of status under the Fair Labor Standards Act (FLSA). (All Districts) Page 18 November 14, 2023 5) Recommendation to approve and authorize the Chairman to sign twelve (12) Settlement Agreements and Releases by and between Collier County and employees in the EMS Battalion Chief II position classification, allowing for reimbursement of actual wages earned but not paid to certain employees from July 3, 2021, to June 30, 2023, as a result of the County’s good faith misclassification of status under the Fair Labor Standards Act (FLSA). (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve an Office Lease Agreement with Fifth Third Bank, National Association for temporary office space for the Tax Collector at 650 East Elkcam Circle located in the City of Marco Island while the Winterberry Drive location undergoes reconstruction due to damage caused by Hurricane Ian. (District 1) 2) Recommendation to authorize the Chairman to execute twenty (20) Deed Certificates for purchased burial rights at Lake Trafford Memorial Gardens Cemetery and authorize the County Manager or the designee to take all actions necessary to record the Deed Certificates with the Clerk of the Court’s Recording Department. (District 5) 3) Recommendation to authorize staff to take all action necessary to repurchase a cemetery plot no longer desired by the deed certificate holder, in accordance with Cemetery Policy adopted by Resolution No. 2017-17. (District 5) 4) Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to the Collier County Citizen Corps Ordinance, in order to add a membership category for The United Way, remove Civil Air Patrol and replace with Collier Ready – Community Organizations Active in Disaster (COAD), and revise quorum requirements. (All Districts) 5) Recommendation to approve a Florida Emergency Medical Services County Grant Application and Request for Grant Fund Distribution Form for the funding of Training and Medical Rescue Equipment in the amount of $78,658.02, accept the award, approve any necessary Page 19 November 14, 2023 Budget Amendments, and approve a Resolution confirming the grant funds will not supplant the EMS budget. (Fund 4053) (All Districts) Resolution 2023-206A 6) Recommendation to renew the Certificate of Public Convenience and Necessity for Advanced Life Support (ALS) non-transport services for one year to the City of Naples Fire-Rescue and authorize the Chairman to execute the Permit and Certificate. (All Districts) 7) Recommendation to approve and authorize the Chairman to execute a First Amendment to the Memorandum of Agreement (MOA) with the Florida Department of Veterans’ Affairs (FDVA) for the County to identify County-owned land for donation to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the “State Veterans’ Nursing Home” project. (All Districts) 8) Recommendation to approve a Third Amendment to Agreement No. 15-6409, P25 Digital Radio System, with Communications International, Inc., and authorize the Chairman to sign the attached amendment. (All Districts) 9) Recommendation to approve a Memorandum of Agreement (MOA) between Collier County and the Florida Division of Emergency Management for the purchase of Weather Stations and or ultra-low power radar in designated locations for hyper-local real-time weather data. (All Districts) 10) Recommendation to approve a Resolution and updated Statewide Mutual Aid Agreement between Collier County and the State of Florida Division of Emergency Management. (All Districts) Resolution 2023-207 11) Recommendation to approve the First Amendment to Agreement No. 18-7469, "CEI Services for Big Corkscrew Island Regional Park" to WSP USA Environment & Infrastructure, Inc., in the amount of $1,874,779.10, authorize the necessary Budget Amendments, and authorize the Chairman to sign the attached First Amendment. (Project No. 80039.1.3). (District 3) Page 20 November 14, 2023 12) Recommendation to approve Change Order No. 2 to increase the value of Task 3 - 30% Construction Documents in the amount of $37,335.25, add a time extension of 231 days associated with that task under Agreement No. 21-7911, “Design Services for Collier County Mental Health Facility” project, with RG Architects, P.A., and authorize the Chairman to sign the attached change order. (Project No. 50239) (All Districts) 13) Recommendation to approve administratively approved Change Order No. 10, providing for a sixty-one (61) day extension under Agreement No. 16-6622, “Big Corkscrew Island Regional Park,” with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. (Project No. 80039) (District 5) 14) Recommendation to approve administratively approved Change Order No. 10, adding sixty (60) days under Agreement No. 18-7469, the “CEI for Big Corkscrew Island Regional Park” project, with WSP USA Environment & Infrastructure Inc., and authorize the Chairman to sign the attached change order. (Project No. 80039.1.3) (District 5) 15) Recommendation to award Request for Professional Services (“RPS”) No. 22-8033, “Design Services for Hardening and Expansion of the Collier Senior Center Building," to Harvard Jolly, Inc., in the total amount of $597,888 and authorize the Chairman to sign the attached Agreement. (District 3) 16) Recommendation to approve and authorize the Chair to execute a Federally Funded Subgrant Agreement to accept the annual Emergency Management Performance Grant G0449 (EMPG) in the amount of $112,208 for emergency management planning, response, and mitigation efforts and to authorize the necessary Budget Amendments. (Fund 1833; Project No. 33877) (All Districts) 17) Recommendation to approve a request for direct funding from the Southwest Florida Healthcare Coalition to Pride-Prison Enterprises- Heavy Vehicle and Equipment shop for the conversion of a transit bus to a mass-casualty and re-hab vehicle for the Emergency Services Division. (All Districts) Page 21 November 14, 2023 18) Recommendation to adopt a Resolution approving amendment (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 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 2023-208 19) Recommendation to award Invitation to Bid (“ITB”) No. 23-8156, “Water Treatment Services,” to U.S. Water Services Corporation and authorize the Chairman to sign the attached agreement. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve a First Amendment to Collier County Airport Authority Leasehold Agreement for Hangar Construction with the Global Flight Training Solutions, Inc., related to its construction of aircraft hangars at the Immokalee Regional Airport. (District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners provide approval for the State of Florida E911 Board/E911 State Grant Program and for the Chairman to sign the grant application. (All Districts) 2) 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 in the amount of $60,598,226.40 were drawn for the periods between October 12, 2023, and November 1, 2023, pursuant to Florida Statute 136.06. (All Districts) Page 22 November 14, 2023 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of November 8, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve a Third Amendment to Agreement for Legal Services with Nabors, Giblin & Nickerson, P.A. for specialized legal services, extending the term and providing the first increase to fees for bond issuance services since 2003. (All Districts) Moved to Item #12A (Per Agenda Change Sheet) then moved back to Item #16K2 Per Commissioner Saunders (During Agenda Changes) 2) Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the County Attorney to help select and retain outside counsel at County expense to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (All Districts) 3) Recommendation to appoint a member to the Immokalee Local Redevelopment Advisory Board. (District 5) Resolution 2023-209 L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) and also the BCC acting in its capacity as the Community Redevelopment Agency Board (CRA) approve an Economic Development Initiative (EDI) Community Project Funding (CPF) grant agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $987,000 for the construction of the Immokalee Sidewalk Phase III Project, authorize the Chairman of the BCC and/or the Co-Chairman of the CRA, as appropriate, to sign the grant agreement, and authorize necessary Budget Amendments (Fund 1027). (District 5) Page 23 November 14, 2023 ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA- This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Adopted w/changes – 5/0 Move to Item #9B (Per Agenda Change Sheet) then moved to Item #9A (During Agenda Changes) (Companion to Item #16A1 now Item #11D) A. Recommendation to approve an Ordinance amending the Collier County Land Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a Companion to Item #16A1) (All Districts) B. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed-Use Planned Unit Development (MPUD), by changing the allowed multi-family use on the Residential Tourist (RT) Tract to a maximum of 215 rental units with some affordable housing and to reduce the minimum floor area per multi-family rental dwelling unit to 250 square feet on the RT Tract. The property is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of +/-171.6 acres. PL20230012392 (This is a companion to Item #17C) (District 3) Ordinance 2023-52 C. Recommendation to approve an Ordinance amending the Government Services, Residential Tourist, and Commercial Subdistrict of the Golden Gate City Sub-Element of the Golden Gate Master Plan Element of the Growth Management Plan to limit the uses on the 6.16± acres identified as Page 24 November 14, 2023 Parcel 2 by allowing hotel/motel or timeshare or multi-family or commercial uses; and increasing the multi-family use on Parcel 2 to a maximum of 215 rental units with affordable housing. The subject property consists of 20.1± acres and is located on the south side of Golden Gate Parkway approximately ½ mile west of Collier Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida [PL20230012389] (This is a companion to Item #17B) (District 3) Ordinance 2023-53 D. Recommendation to adopt a Resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY23-24 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 2023-210 Moved to Item #9A (Per Agenda Changes) then further remain as Item #17E Per Commissioner Hall during Agenda Changes E. 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 rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50 South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (District 4) Ordinance 2023-54 F. This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the North Naples Medical Park Planned Unit Development (PUD) to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; and to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7. The property is located on Page 25 November 14, 2023 the north side of Immokalee Road immediately east of the North Collier Hospital in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. (PL20230003895) (District 2) Ordinance 2023-55 G. Recommendation to adopt Ordinances amending the Collier County Growth Management Plan relating to affordable housing initiatives, specifically the Future Land Use Element, the Golden Gate Area Master Plan Element, the Immokalee Area Master Plan Element, and the Transportation Element to allow affordable housing by right in certain commercial zoning districts with a sunset date, to allow an increase in density for affordable housing, to establish a Strategic Opportunity Sites Subdistrict, and a Transit Oriented Development Subdistrict; and directing transmittal of the adopted amendments to the Florida Department of Commerce. PL20210000660 - Affordable Housing Initiatives GMPA (All Districts) Ordinance 2023-56; Ordinance 2023-57; Ordinance 2023-58; & Ordinance 2023-59 H. Recommendation to adopt Ordinances amending the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the US 41 East Overlay to allow certain economic development uses within the Corridor segments, allow increased height and density, and allow certain economic development uses in Regional Centers and Community Centers through incentives; and, specifically amending the Transportation Element and maps to expand the South US 41 Transportation Concurrency Exception Area, furthermore directing the transmittal of the adopted amendment to the Florida Department of Commerce. PL20230000930 - US 41 East Overlay & TCEA Expansion GMPA (District 1, District 4) Ordinance 2023-60; Ordinance 2023-61 I. Recommendation to approve an Ordinance amending the boundaries of the Radio Road Municipal Service Taxing Unit (MSTU) by amending Ordinance No. 96-84, as amended, and direct staff to reestablish the MSTU’s millage rate at 0.1000 when preparing FY25’s budget. (District 1, District 4) Ordinance 2023-62 18. ADJOURN Page 26 November 14, 2023 INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.