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Recap 07/23/2024 R Page 1 July 23, 2024 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 July 23, 2024 9:01 AM *** Meeting will commence approximately 15 minutes after the conclusion of the CRA workshop. *** Commissioner Chris Hall, District 2; – Chair Commissioner Burt Saunders, District 3; – Vice Chair Commissioner Rick LoCastro, District 1 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 CHAIR. 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 CHAIR. ALL PERSONS WISHING TO SPEAK ON A Page 2 July 23, 2024 CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIR. 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 CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR’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 Page 3 July 23, 2024 ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Father Michael Orsi, Action for Life; Pledge of Allegiance by Dr. J.B. Holms U.S. Airforce Veteran VFW 7721 Invocation given and Pledge recited 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 Adopted w/ changes – 5/0 B. June 25, 2024, BCC Minutes Motion to approve by Commissioner Hall: Seconded by Commissioner McDaniel – Approved – 5/0 C. June 20, 2024, BCC Budget Minutes Motion to approve by Commissioner Hall: Seconded by Commissioner McDaniel – Approved – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Timothy Amiano, Emergency Medical Services Presented Page 4 July 23, 2024 2) 25 YEAR ATTENDEES a) David Hill, Road Maintenance Presented b) Jose Horta, Parks & Recreation Presented c) Yoojin Xue, Operations & Performance Management Presented 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT Page 5 July 23, 2024 A. Recommendation to award Invitation to Bid (“ITB”) No. 24-8227, “Palm River Public Utilities Renewal Project - Area 4,” to Douglas N. Higgins, Inc., in the amount of $4,218,422, approve the Owner’s Allowance of $320,000, and authorize the Chairman to sign the attached Agreement. (Project No. 70257) (Companion to Item #11B) (Matt McLean, Division Director - Public Utilities Engineering) (District 2) Motion to approve by Commissioner Hall: Seconded by Commissioner McDaniel– Approved – 5/0 B. Recommendation to approve a modification to increase Purchase Order No. 4500223189 in the amount of $645,032 with Stantec Consulting Services, Inc., under Professional Service Agreement Number 22-7998 for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for Palm River Area 4. (Project No. 70257) (Companion to Item #11A) (Matt McLean, Division Director - Public Utilities Engineering) (District 2) Motion to approve by Commissioner Hall: Seconded by Commissioner McDaniel – Approved – 5/0 C. Recommendation to accept the Collier County Water-Sewer District’s Water and Wastewater Impact Fee Study, accept staff’s recommendation to implement a three-year phased approach and direct the County Attorney to advertise an Ordinance amending the Water and Wastewater Impact Fees and establishing effective dates of December 1, 2024, for Phase One, December 1, 2025, for Phase Two, and December 1, 2026, for Phase Three. (Joseph Bellone, Director Utilities Finance) (All Districts) Motion to implement a three year phased approach by Commissioner McDaniel: Seconded by Commissioner LoCastro – Approved – 4/1 (Commissioner Kowal Opposed) D. Recommendation to authorize budget amendments to recognize $12,709,900 in revenues deposited in the Disaster Recovery Fund (1813) received from the insurance proceeds related to the Hurricane Ian claims, allocate $3,000,000 within the same fund (1813) for continuation of the wastewater recovery efforts and returning $9,709,900 back to the original funding sources which include Water Capital Fund (4012) ($429,100), and Wastewater Capital Fund (4014) ($9,280,800). (Joe Bellone, Division Director - Utilities Finance) (All Districts) Motion to approve by Commissioner Locastro: Seconded by Page 6 July 23, 2024 Commissioner Hall – Approved – 5/0 Moved from Item #16C4 (Per Change Sheet) E. Recommendation to authorize Budget Amendments in the amount of $162,000 to maintain compliance and continue funding daily operations within the Water/Sewer Operating budget (Fund 4008). (All Districts) Motion to approve by Commissioner McDaniel: Seconded by Commissioner Hall – Approved 5/0; Motion to charge credit card convenience fees to the user by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 4/1 (Commissioner Saunders opposed) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. Request to elect either Commissioner Kowal or Commissioner Saunders as chairman of the Value Adjustment Board. (Derek Johnssen, Finance Director, Office of the Collier County Clerk of the Circuit Court and Comptroller) (All Districts) Motion to elect Commissioner Kowal Chairman of the VAB by Commissioner Saunders; Seconded by Commissioner McDaniel – 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 Page 7 July 23, 2024 Continue Item #15B1 to August 13, 2024 (Per Change Sheet) 1) 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. (All Districts) C. STAFF AND COMMISSION GENERAL COMMUNICATIONS 1) Amy Patterson – Special Magistrate heard first animal cruelty case there was a guilty verdict, and the guilty party will be added to the Animal Cruelty Registry 2) Ed Finn – Report from ResourceX; many initiatives proposed by ResourceX have already been implemented 3) Commissioner McDaniel – ResourceX covered; formal discussion on managing Code Enforcement at the first meeting in August; Contract Control 4) Commissioner LoCastro – Deep dive into the Consent Agenda regarding the Amendments; Concerns with code enforcement; Thanking Elizabeth A. McCarthy Living Trust donation; Thanks to the IT Department for all its hard work with the blue screens 5) Commissioner Saunders – Domestic Animal Service Advisory Board working very well also will be bringing an Executive Summary validating an At-Large member that be on the agenda for the first meeting in August 6) Commissioner Kowal – Contract control; ResourceX report was looking for more detail; accomplished good things today; West Goodlette project 7) Commissioner Hall – “Shot across the bow” to our vendors when it’s not our fault that they need to own up to it and “step up to the plate” ------------------------------------------------------------------------------------------------------------ 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. ----------------------------------------------------------------------------------------------------------------------------------------- Adopted and/or Approved w/ changes – 5/0 Page 8 July 23, 2024 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the sewer utility facilities for Moorings Park at Grande Lake East Tract – Phase One and Phase Two, PL20230017409. (District 4) Found satisfactory and acceptable by staff on May 13, 2024 2) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Big Cypress Market Place Phase 3, PL20240005677. (District 1) Found satisfactory and acceptable by staff on June 5, 2024 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of the potable water and sewer utility facilities for Esplanade by the Islands – Phase 3B & 3D, PL20230016678. (District 1) Found satisfactory and acceptable by staff on May 9, 2024 B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award ITB No. 23-8188, “West Vanderbilt Drive Sidewalk & Landscape Improvements,” to Infinite Construction, LLC in the amount of $389,171.98, approve the Owner’s Allowance of $30,000, and authorize the Chairman to sign the attached Agreement. (District 2) 2) Recommendation to accept a donation of 45 native plants for the Collier County Sheriff's Gun Range from the Naples Botanical Gardens, the donating organization. (District 5) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Invitation to Bid (“ITB”) No. 24-8215, “Hazardous Materials Management” to US Ecology Tampa, Inc., as Primary Vendor, and Clean Harbors Environmental Services, Inc., as Secondary Vendor and authorize the Chairman to sign the attached Service Agreements. (All Districts) 2) Recommendation that the Board of County Commissioners, as the ex- Page 9 July 23, 2024 officio Governing Board of the Collier County Water-Sewer District, award a Request for Quotation (“RFQ”) under Agreement No. 20- 7800, the “Annual Agreement for Underground Utilities,” to Quality Enterprises, USA Inc., and authorize the Chairman to sign the attached Work Order in the amount of $708,826 for the Rehabilitation Plans for Pump Station 309.16 project. (Project No. 70240) (District 4) 3) Recommendation that the Board of County Commissioners, as the ex- officio Governing Board of the Collier County Water-Sewer District award Invitation to Bid (“ITB”) No. 23-8194R, “South County Regional Water Treatment Plant (SCRWTP) Filter Media Replacement and Blend Tank Passive Relief,” to Douglas N. Higgins, Inc., in the amount of $2,075,430, approve an Owner’s Allowance of $100,000, and authorize the Chairman to sign the attached Agreement. (Project No. 70136) (All Districts) Moved to Item #11E (Per Change Sheet) 4) Recommendation to authorize Budget Amendments in the amount of $162,000 to maintain compliance and continue funding daily operations within the Water/Sewer Operating budget (Fund 4008). (All Districts) 5) To approve a Second Amendment to Agreement No. 22-8000, "Quicklime Supply for Collier County" with Lhoist North America of Alabama, LLC, to increase the fee schedule price (Exhibit B1 of Agreement), and authorize the Chairman to sign the attached amendment. (District 3) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign a Business Associate Agreement between Collier County and David Lawrence Mental Health Center, Inc., to satisfy the HIPPA rules to ensure protected health information is appropriately safeguarded to remain compliant with the Department of Justice and the State of Florida Department of Children and Families Agreements. (No Fiscal Impact) (All Districts) Page 10 July 23, 2024 2) Recommendation to approve and authorize the Chairperson to sign Amendment #1 to the State Mandated Services Agreement between David Lawrence Mental Health Center, Inc., and Collier County to revise Exhibit C to incorporate additional reporting measures related to the Florida Opioid Settlement funding and State Match requirements. (Grant Fund 1806 and General Fund 0001) (All Districts) 3) Recommendation to approve technical revisions and clarifying language to the Collier County State Housing Initiatives Partnership Local Housing Assistance Plan for Fiscal Years 2022-2023, 2023- 2024, and 2024-2025 for (1) Purchase Assistance, (2) Disaster Assistance, (3) New Construction Assistance, (4) Rental Rehabilitation and (5) Rental Acquisition strategies; to accept additional funding through the Hurricane Housing Recovery Program allocation in the amount of $5,820, and authorize the related Budget Amendment (SHIP Grant Fund 1053); and to approve and authorize the Chair to sign a Resolution that (1) updates purchase assistance, new construction, and disaster assistance strategies, and (2) revises the Purchase Assistance, New Construction, and Disaster Assistance strategies and clarifies language to the Rental Rehabilitation and Rental Acquisition Strategies. (All Districts) Resolution 2024-137 4) Recommendation to approve a Resolution to (1) approve and authorize the submission of the required annual planning documents to the U.S. Department of Housing and Urban Development to continue receiving Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grants Programs entitlement funds, (2) authorize the County Manager or her designee to execute associated forms (including SF-424 for funding applications and SF-425 for future grant closeout), certifications, assurances, and future entitlement agreements upon receipt from HUD, and (3) authorize the necessary Budget Amendments in the amount of $3,656,506.65 for the HUD PY 2024-2025 budget and 4) authorize the conversion of ten (10) current time-limited grant-funded positions to non-time limited to support housing programs. (Housing Grant Fund 1835 and Housing Match Fund 1836) (All Districts) Resolution 2024-138 Page 11 July 23, 2024 5) Recommendation to approve an “After-the-Fact” Second Amendment for the Home Care for the Elderly grant program with the Area Agency on Aging for Southwest Florida, Inc., to decrease the contract amount by $21,000 for a new total of $52,538, and to accordingly revise the Funding Summary (Attachment II), the Annual Budget Summary (Attachment IX), and extend the agreement by 60 days through August 31, 2024, via a separate letter. (Human Services Grant Fund 1837) (All Districts) 6) Recommendation to approve an “After-the-Fact” Second Amendment with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly grant program for Collier County’s Services for Seniors Program that reduces the award amount by $100,000 to a new total of $971,000, to accordingly revise the Funding Summary (Attachment II), the Annual Budget Summary (Attachment IX), and extend the agreement by 60 days through August 31, 2024, via a separate approval letter. (Human Services Grant Fund 1837) (All Districts) 7) Recommendation to accept a distribution from The Elizabeth A. McCarthy Living Trust, in the amount of $238,500 and any subsequent distributions, if any, to the Collier County Domestic Animal Services, to authorize the County Manager or her designee to execute and complete any required forms, and to authorize any necessary Budget Amendments. (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve an amendment to extend Agreement # 18-7475 “Fencing Installation and Repair Services” with Carter Fence Company, Inc., and authorize the Chairman to execute same. (All Districts) 2) Recommendation to approve modifications to the 2024 Fiscal Year Pay & Classification Plan which consist of two new classifications, three classification title changes, and removal of one obsolete classification from April 1, 2024, through June 30, 2024 (All Districts) Page 12 July 23, 2024 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize the Chairman to execute State-Funded Emergency Management Preparedness Assistance (EMPA) agreement A0444 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management (FDEM) for emergency management program enhancement and authorize the associated Budget Amendment. (Fund 1833 Project No. 33920) (All Districts) 2) Recommendation to approve Change Order No. 4, adding seven days to the Substantial Completion date and utilizing $ 11,219.01 of the Owner’s Allowance, and Change Order No. 5, adding five days to the Substantial Completion date and utilizing $ 6,473.50 of the Owner’s Allowance for Purchase Order No. 4500229878 under Agreement No. 21-7883-ST with O-A-K/Florida, Inc. d/b/a Owen-Ames-Kimball Company for the Main Campus Upgrades, and authorize the Chairman to sign the attached Change Orders. (Project No. 50214) (District 4) 3) Recommendation to authorize a Budget Amendment in the amount of $1,023,689.31 toward EMS Capital Fund (4055) reallocating reserves to fund the replacement of current personal safety equipment. (All Districts) Resolution 2024-139 4) Recommendation to award Invitation for Qualification No. 24-8231, “Motor Oils, Lubricants, and Fluids,” to Palmdale Oil Company, LLC and Reladyne Florida, LLC, and authorize the Chairman to sign the attached agreements. (All Districts) 5) Recommendation to adopt a Resolution approving amendments (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 2024-140 Page 13 July 23, 2024 6) Recommendation to authorize a Budget Amendment reallocating $400,000 from personnel services to operating expenses within facilities management cost centers to support contractual services and other costs necessary to maintain an acceptable level of service for County facilities. (All Districts) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $79,961,042.39 were drawn for the periods between June 27, 2024, and July 10, 2024, pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of July 17, 2024. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement in the lawsuit styled Linda Oneski v. Collier County, (Case No. 23-CA-557), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $15,145.10. (All Districts) L. COMMUNITY REDEVELOPMENT AGENCY ------------------------------------------------------------------------------------------------------------ 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 Page 14 July 23, 2024 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. Recommendation to adopt a Resolution approving amendments (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 2024-141 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.