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07/12/2022JULY 12, 2022 - REGULAR MEETINGMcDaniel LoCastro Saunders Solis Taylor Passed FailedAGENDA ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of Today's Regular, Consent and Summary Agendas MOTION to allow Commissioner Saunders to join the meeting telephonically by Commissioner Taylor; Seconded by Commissioner Solis. Carried 4/0; MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Yes Yes - Yes Yes YesItem #2B - Approval of the June 7, 2022 BCC Joint Workshop Meeting MinutesMOTION to approve by Commissioner LoCastor; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #2C - Approval of the June 16, 2022 BCC Budget Meeting MinutesMOTION to approve by Commissioner LoCastor; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #2C - Approval of the June 16, 2022 BCC Special Meeting Minutes (County Manager)MOTION to approve by Commissioner LoCastor; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #9A - (Continued to the Septerber 13, 2022 - Per Agenda Change Sheet) Continued from the June 28, 2022 BCC Meeting A Resolution of the Board of County Commissioners proposing County-initiated amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to address housing initiatives to allow affordable housing by right in certain commercial zoning districts with a sunset date; to increase density for affordable housing; to establish a Strategic Opportunity Sites Subdistrict; and to increase density for affordable housing projects along Collier Area Transit routes; specifically amending the Future Land Use Element and Future Land Use Map; Golden Gate City Sub-Element of Golden Gate Area Master Plan Element and Future Land Use Map; the Immokalee Area Master Plan Element and Future Land Use Map; and adding a policy to the Transportation Element pertaining to affordable housing along transit routes; and furthermore directing transmittal of these amendments to the Florida Department of Economic Opportunity. [PL20210000660] (All Districts)Continued to the September 13, 2022 BCC Meeting (Per Agenda Change Sheet)Item #11A - Recommendation that the Board of County Commissioners confirm Dan Rodriguez as Deputy County Manager and Ed Finn as Interim Deputy County Manager, to take effect immediately, and approve all necessary budget amendments. (Amy Patterson, County Manager) (All Districts)MOTION to accept as presented by Commissioner Saunders; Seconded by Commissioner LoCastro. Carried 5/0 Yes Yes Yes Yes Yes YesItem #11B - (Continued to the September 13, 2022 BCC Meeting - Per Agenda Change Sheet) Provide an update to the Board of County Commissioners regarding the recommendation to designate a Sports Tourism Director within the Convention & Visitors Bureau (Tourism Division) that shall provide dedicated oversight of the County’s interests relating to the Paradise Coast Sports Complex as it relates to the day-to-day activities, sales efforts, sports marketing, management and administration of the County’s relationship with Sports Facilities Companies (Complex management company) and the promotion of tourism. (Paul Beirnes, Tourism Director) (All Districts)Continued to the September 13, 2022 BCC Meeting (Per Agenda Change Sheet)Item #11C - Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2023 and Reaffirm the Advertised Public Hearing dates in September 2022 for the Budget approval process. (Edward Finn, Director, Corporate Financial Planning and Management Services) (All Districts)MOTION to approve by Commissioner Solis to approve; Seconded by Commissioner Taylor. Adopted 5/0; Public Hearing dates reaffired as September 8th and September 22, 2022 @ 5:05 pm Resolution 2022-122Yes Yes Yes Yes Yes YesItem #11D - Recommendation to authorize a $10 million budget amendment to recognize American Rescue Plan Act revenues to be used on public safety. (Ed Finn, Director, Facilities Management Division) (All Districts)MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Yes Yes Yes Yes Yes YesVOTES Item #11E - Recommendation to approve deductive Change Order No. 10 to Collier County Sport Complex Phases 2.1 and 2.2A Agreement No. 17-7198, with Manhattan Construction (Florida), Inc., for a time extension of 145 days; acknowledge staff report for update on phase 1, and modified phases 2.1 and 2.2 scopes; provide direction to staff for phase 3 and phase 4, and authorize the County Manager or designee to issue a notice of intent to terminate to Manhattan Construction, if necessary, and subject to Board ratification at a future Board meeting. (Project No. 50156) (District 3, District 5)MOTION to approve staff's recommendations and staff to bring back an update for the public, placed on each agenda begiinning the first meeting in October and every meeting there after by Commissioner Saunders; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11F - Recommendation to award Construction Invitation to Bid (ITB) No. 22-7976, “Project 60168-Construction Services for Vanderbilt Beach Road Extension,” to Sacyr Construction USA, LLC, in the amount of $152,999,999.91, authorize the Chairman to sign the attached Agreement and approve all necessary budget amendments. (Companion Item to #11G and #11H) (Jay Ahmad, Director, Transportation Management Services). (District 5)MOTION to approve as presented by Commissioner McDaniel; Seconded by Commissioner Saunders. Carried 5/0 Yes Yes Yes Yes Yes YesItem #11G - Recommendation to approve a resolution authorizing the County's borrowing an amount not exceeding $30,000,000 under the Florida Local Government Finance Commission's Pooled Commercial Paper Loan Program for the purpose of constructing the extension of Vanderbilt Beach Road; this loan is secured by the County’s covenant to budget and appropriate legally available non ad-valorem revenue; authorize the execution of a loan note or loan notes to evidence such borrowing; authorize the execution and delivery of other such documents as may be necessary to effect such borrowing; and authorize all necessary budget amendments. (Companion Items to #11F and #11H) (Ed Finn, Director, Corporate Financial and Management Services) (All Districts)MOTION to approve by Commissioner Taylor; Seconded by Commissioner Solis. Adopted 5/0 Resolution 2022-123Yes Yes Yes Yes Yes YesItem #11H - Recommendation to award Request for Professional Services (RPS) No. 21-7914, “Verification Testing Services for Vanderbilt Beach Road Extension,” to Johnson Engineering, Inc., in the total amount of $1,812,089, and authorize the Chairman to sign the attached Agreement (Project No. 60168). (Companion Items to #11F and #11G) (Jay Ahmad, Director, Transportation Management Services) (District 5) MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11I - Recommendation to award Request for Professional Services (RPS) No. 21-7901, “Professional Design and Related Services for Immokalee Road at Randall Boulevard Intersection Improvements,” to HNTB Corporation, in the amount of $1,331,420.23, and authorize the Chairman to sign the attached Agreement (Project Number 60147). (Companion Item to #11J) (Jay Ahmad, Director, Transportation Management Services). (District 5)MOTION to appreve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11J - Recommendation to award Agreement No. 21-7930, for “CEI Services for Immokalee Road at Randall Boulevard Intersection Improvements,” to Johnson Engineering, Inc., for a total not to exceed the amount of $742,991, authorize the Chairman to sign the attached agreement and authorize the necessary budget amendments. (Project No. 60147, Gas Taxes and Surtax) (Companion Item to #11I) (Jay Ahmad, Director, Transportation Management Services). (District 5)MOTION To approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 5/0Yes Yes Yes Yes Yes Yes Item #11K - Recommendation to approve Agreement Number 21-7831, Professional Engineering Design Services for “Pine Ridge Road Corridor Improvements,” with Jacobs Engineering Group, Inc., which includes a possible two-phase design consisting of Phase 1 in the amount of $2,622,681 for a Design-Build delivery only, and Phase 2 to proceed from the Phase 1 design plans to final biddable design plans for an additional amount of $2,371,811, for a potential total Project cost (if both Phases proceed) of $4,994,492, and authorize the Chairman to sign the attached Agreement and approve all necessary budget amendments (Project # 60201). (Jay Ahmad, Director, Transportation Management Services) (All Districts) MOTION to approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 5/0Yes Yes Yes Yes Yes YesItem #11L - Recommendation to approve agreement No. 22-7944, “Professional Design & Related Services for 16th Street NE Bridge,” to Kisinger Campo & Associates, Corp., in the amount of $1,374,255.68, and authorize the Chairman to sign the attached agreement (Project No. 60212). (Jay Ahmad, Director, Transportation Management Services). (District 5) MOTION to approve by Commissioner McDaniel; Seconded by Commissioner Taylor . Carried 5/0Yes Yes Yes Yes Yes YesItem #11M - This Item continued from the June 28, 2022, BCC Meeting. Recommendation to approve the Collier Boulevard Bridge Location Study and authorize the County Manager or designee to incorporate the recommended alternative into the Collier Boulevard Widening Project (Project No. 68056). (Lorraine Lantz, Principal Planner, Capital Project Planning) (District 3, District 5)MOTION To accept staff's recommenndations by Commissioner Suanders; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11N - Recommendation to approve terminating Agreement No. 20-7722, for convenience, with The Haskell Company for "Design Build Services for NCWRF Headworks,” by approving the associated Change Orders, certifying the existence of a valid public emergency necessitated by the need to expedite the completion of a value added-redesign of the Project, and approving Agreement No. 20-7722-NS in the amount of $4,321,083 to AECOM Technical Services, Inc. (AECOM) for "NCWRF Headworks Engineering Services," in support of the NCWRF New Headworks Project No. 70149 (Fund 414), and authorizing the Chairman to sign the attached Agreement. (Craig Pajer, Director, Subregional Utilities) (District 2)MOTION to approve, finding it's a public emergency by Commissioner Solis; Seconded by Commissioner McDaniel. Carried 5/0Yes Yes Yes Yes Yes YesItem #11O - (Moved from Item #16C3) (Per Agenda Change Sheet) Recommendation to approve Change Order No. 2 in the amount of $212,079, to provide additional design engineering services and to approve the First Amendment for the design of the gymnasium, and approve the required budget amendments for the execution of Agreement No. 18-7279 for Big Corkscrew Island Regional Park (BCIRP) Phase II (Project No. 80039) (District 5)MOTION to approve as recommended and staff to review the proposal as the balance of Phase II and bring back for further discussion by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11P - (Moved from Item #16D6) (Per Agenda Change Sheet) Recommendation to approve and authorize the Chairperson to sign two (2) subrecipient agreement amendments between Collier County and Rural Neighborhoods, Incorporated and Collier County and the Collier County Housing Authority. (Housing Grant Fund 705) (All Districts)MOTION to continue the Rural Neighborhood agreement amendment and pass the Housing Authority Agreement Agmendment by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesItem #11Q - (Moved from Item #16D10) (Per Agenda Change Sheet) Recommendation to authorize staff to engage and develop a scope of work with the Urban Land Institute (ULI) to convene an update and review of the 2017 Housing Plan and provide guidance on housing policy recommendations; and to waive competition declaring this a single source service and in the best interest of the County. (All Districts)MOTION to approve development of the scope of work by staff and bring back for futher discussion by Commissioner LoCastro; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes Yes Item #11R - (Moved from Item #16F3) (Per Agenda Change Sheet) Recommendation to approve modifications to Tourist Development Tax Grant Guidelines on allowable uses to include the cost of producing a performing arts production or entertainment at an event or location whose primary purpose is the promotion of tourism, not to exceed 50% of the total cost of the production and based on the availability of funds, and make a finding that this program promotes tourism. (All Districts)MOTION to approve as presented by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to approve Petition VAC-PL20210002687, to disclaim, renounce, and vacate the County and the public interest in all, or a portion of, the 30-foot and 60-foot Roadway, Right-of-Way, and/or Ingress and Egress Easements as Recorded in Official Records Book 968, Page 975; Official Records Book 1795, Page 1917; Official Records Book 284, Page 633; Official Records Book 279, Page 284; Official Records Book 238, Page 398; Official Records Book 404, Page 997; and Official Records Book 416, Page 609, of the Public Records of Collier County, Florida, located in Sections 11 and 14, Township 50 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit “A”, and to accept Petitioner’s grant of an access easement to replace the vacated Roadway Easements. (District 1) MOTION (from Item #2A) to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Resolution 2022-120YES YES YES YES YES YesItem #17B - (Continued to the September 13, 2022 BCC Meeting - Per Agenda Change Sheet) Recommendation to amend Ordinance No. 75-16, as amended, to authorize the Chairman to better deal with disorderly persons, including requesting law enforcement officers remove disorderly persons when conduct interferes with orderly progression of meetings. (All Districts)Continued to the September 13, 2022 BCC Meeting (Per Agenda Change Sheet)Item #17C - Recommendation that the Board adopt an Ordinance amending Collier County Ordinance No. 2003-36, as amended, providing for the reimposition of the Five-Cent Local Option Fuel Tax upon its termination on December 31, 2025, effective January 1, 2026, and continuing through December 31, 2055. (All Districts) MOTION (from Item #2A) to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Ordinance 2022-30YES YES YES YES YES YesItem #17D - Recommendation that the Board adopt an Ordinance amending Collier County Ordinance No. 2003-35, as amended, providing for the reimposition of the Six-Cent Local Option Fuel Tax upon its termination on December 31, 2025, effective January 1, 2026, and continuing through December 31, 2055. (All Districts)MOTION (from Item #2A) to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Ordinance 2022-31YES YES YES YES YES YesItem #17E - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY21-22 Adopted Budget. (All Districts)MOTION (from Item #2A) to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Resolution 2021-121YES YES YES YES YES YesItem #17F - Recommendation that the Board adopt an Ordinance amending Collier County Ordinance No. 2003-34 providing for the reimposition of the Ninth-Cent Local Option Fuel Tax upon its termination on December 31, 2025, effective January 1, 2026, and continuing through December 31, 2055 (All Districts)MOTION (from Item #2A) to approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 5/0Ordinance 2022-32YES YES YES YES YES Yes