Recap 04/25/2023 RPage 1
April 25, 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 25, 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
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April 25, 2023
OF ALLEGIANCE.
ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION
MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE
MEETING. THE REQUEST SHALL PROVIDE DETAILED
INFORMATION AS TO THE NATURE OF THE PETITION. THE
PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE
BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE
BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO
A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES,
UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION
BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA
FOR A PUBLIC HEARING.
ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS
NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO
SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE
AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE
LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES
MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S
DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE
LIMITED TO 5 FOR THAT MEETING.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY
ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND
2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE
ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT
LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD
AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE
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April 25, 2023
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 Rabbi Ammos Chorny of Beth Tikvah Synagogue
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 Kowal; Seconded by
Commissioner McDaniel - Approved and/or Adopted w/changes
5/0
3. AWARDS AND RECOGNITIONS
A. Employee
B. 20 Year Attendees
1) 20 Years - Concetta Disarro - Emergency Services Division -
EMS Battalion Chief II
Not present
C. 25 Year Attendees
1) 25 Years - David Chalick - Library - Branch Library Manager
Presented
2) 25 Years - Dana Alger - Solid and Hazardous Waste
Ma nagement - Recycling Coordinator
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April 25, 2023
Presented
3) 25 Years - Mary Jo Brock - County Managers Office –
Management Analyst I
Presented
D. 30 Year Attendees
E. 35 Year Attendees
F. Advisory Board Members
G. Retirees
H. Employee of the Month
4. PROCLAMATIONS (All Proclamation Adopted with One Motion)
A. Proclamation designating May 4, 2023, as National Day of Prayer. To
be accepted by Pastor Grant Thigpen, Pastor Jesse Barrett, and other
leaders of the faith community.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
B. Proclamation designating April 30, 2023, as National Therapy Animal
Day. To be accepted by Susan Abreu and her therapy dog, "Nanny."
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
C. Proclamation designating May 2023 as National Safe Boating Week.
To be accepted by Richard Hurd, Flotilla Staff Officer-Public Affairs,
Partner Visitation, US Coast Guard Auxiliary, Marco Island, Florida.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
D. Proclamation designating May 7 - 13, 2023, as National Correctional
Officers Week. To be accepted by Sheriff Kevin Rambosk, Colonel
Jim Bloom, Chief Mark Middlebrook, Captain Keith Harmon, Captain
DaReece Canady, Director Katina Bouza, and other correctional
officers and Naples Jail Center staff.
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April 25, 2023
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
E. Proclamation designating May 2023 as Military Appreciation Month
in Collier County. To be accepted by Major Jessica R. Sterns, US Air
Force (VFW Post 7721), Lee-Ann Forsythe, US Marine Corps
(American Gold Star Mothers), US Army Officer Candidate Alicia
Starova (Collier County Veterans Council), Tyler King, US Air Force
(Parental Alientation Southwest Florida Support Group), and Laura
Vieth, US Marine Corps (AVOW-Coffee with Veterans).
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
F. Proclamation designating May 2023 as National Bike Month. To be
accepted by Skip Riffle, President and Founder, Bikes for Tykes, Inc.,
and Olema Edwards, Director, Parks and Recreation Division.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
G. Proclamation designating May 2023 as National Foster Care
Awareness Month. To be accepted by Rick Jacobs, Executive
Director, 4KIDS Southwest Florida.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
H. Proclamation designating April 2023 as National Fair Housing Month.
To be accepted by Angela Edison, Director of Housing, Collier
County Housing Authority.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Adopted 5/0
5. PRESENTATIONS
A. Recommendation to accept an update on the Paradise Coast Sports
Complex from Sports Facilities Management, LLC.
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
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April 25, 2023
CURRENT OR FUTURE AGENDA
1) Elden Soloman – CEO Journey Home for Veteran’s
Services
2) Jackie Keay – Journey Home for Veteran’s & Black Mold
Poisoning
3) Bo Launders – Journey Home for Veteran’s
4) Michelle Avola-Brown – Paradise Coast Trails
5) Craig Manchen – Safety for Pedestrians & Cyclists
6) Nat Smith – State Trail Funding/Pathways
7) George Dondanville – Paradise Coast Trails
8) Susanne Sonnenschein – Naples Pathway/Paradise Coast
Trails
9) Tyler Wood – ESG Tech Company – trash/waste recycling
10) Ashley Jenkins – Army Corps of Engineers for
Environmental Compliance Concerns
11) Shelly McKernan - Army Corps of Engineers for
Environmental Compliance Concerns
12) Garrett Beyrent – Life History
13) H. Michael Mogal - Impervious land cover & tree covering
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members.
Recommendation to approve an Ordinance rezoning a portion of
Justin’s Village to increase density, by amending Ordinance Number
04-41, as amended, the Collier County Land Development Code,
which includes the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the
appropriate Zoning Atlas Map or maps by changing the zoning
classification of the herein described real property from Residential
Multi-Family-6 (RMF-6) zoning district with a Gateway Triangle
Zoning Overlay-Residential Subdistrict (GTZO-R) to a Residential
Multi-Family-12 (RMF-12) zoning district with a Gateway Triangle
Zoning Overlay-Residential Subdistrict (GTZO-R), to allow up to 28
total multi-family dwelling units with an affordable housing
agreement on 2.33± acres of property located south of Lots 6 and 18,
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April 25, 2023
Breeze of Calusa Subdivision, on Justin’s Way, approximately 500
feet south of Calusa Avenue, in Section 11, Township 50 South,
Range 25 East, Collier County, Florida; and by providing an effective
date. [PL20220003739] (Mike Bosi, Planning and Zoning Division
Director)
Ordinance 2023-21: Motion to approve by Commissioner Hall;
Seconded by Commissioner McDaniel – Approved 5/0
Moved from Item #17E (Per Agenda Change Sheet)
B. A Resolution of the Board of County Commissioners proposing an
amendment to the Collier County Growth Management Plan,
Ordinance 89-05, as amended, specifically amending the Future Land
Use Element and Future Land Use Map and Map Series to add the US
41 East Overlay to allow certain economic development uses within
the Corridor segments; and, allow increased height and density, and
certain economic development uses in Regional Centers and
Community Centers through incentives, and amending the
Transportation Element and maps to expand the South US 41
Transportation Concurrency Exception Area, and furthermore
directing transmittal of the proposed amendment to the Florida
Department of Economic Opportunity. [PL20230000930]
Resolution 2023-81: Motion to approve by Commissioner
LoCastro; Seconded by Commissioner Saunders - Approved 5/0
Moved to Item #17F (During Agenda Change Sheet)
C. An Ordinance of the Board of County Commissioners amending
Ordinance 89-05, as amended, the Collier County Growth
Management Plan of the unincorporated area of Collier County,
Florida, relating to the Rural Fringe Mixed Use District Restudy and
specifically amending the Future Land Use Element and the Future
Land Use Map and map series to require transfer of development
rights for comprehensive plan amendments for increased residential
density in the Urban Mixed Use District and the Rural Fringe Mixed
Use District; amending the Urban Mixed Use District, Urban
Residential Fringe Sub-district to remove the density bonus cap on
Residential In-Fill and remove the requirement to use transfer of
development rights within one mile of the urban boundary; and
amending the Rural Fringe Mixed Use District of the Future Land Use
Element to change development standards and requirements, increase
density on Receiving Lands for affordable housing, add transfer of
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April 25, 2023
development rights credits, add uses in Receiving Areas, and add a
conditional use for recreation in Sending Lands, and to amend
development standards for rural villages; and create the Belle Meade
Hydrologic Enhancement Overlay; and to correct the scrivener's error
for the Immokalee Road Rural Village Overlay on the Future Land
Use Map; and furthermore, directing transmittal of the adopted
amendments to the Florida Department of Economic Opportunity and
providing for an effective date. [PL20200002234]
Motion to Continue to the May 9, 2023, BCC Meeting w/more
detail by Commissioner McDaniel; Seconded by Commissioner
LoCastro - Approved 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. To be Heard at 10:00 A.M. Recommendation to approve a Sixth
Amendment to the Long-Term Lease and Operating Agreement for
the Golf and Entertainment Complex (the "Lease") with CC BSG
Naples, LLC ("BigShots") to Extend the Financing Contingency
Period to June 30, 2023.
Motion to approve the 60-day extension as a final amendment by
Commissioner Saunders; Seconded by Commissioner Hall –
Approved 4/1 (Commissioner McDaniel opposed)
11. COUNTY MANAGER'S REPORT
A. Recommendation to ratify the County Manager’s awarding of
Invitation to Bid (“ITB”) No. 23-8111, “Collier 2023 Emergency
Berm Truck Haul and Construction, Reach A” to Phillips & Jordan,
Inc., in the amount of $6,723,041.50, “Collier 2023 Emergency Berm
Truck Haul and Construction, Reach B” to Earth Tech Enterprises
Inc., in the amount of $8,422,934.50, authorize the Chairman to sign
the attached the Agreements, approve the attached budget
amendments, and make a finding that this item promotes tourism
(Hurricane Ian, Project #50280) (Andrew Miller, P.E., Manager,
Coastal Zone Management).
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner LoCastro - Approved 5/0
B. This Item to be heard no sooner than 2:30 P.M. Recommendation
to approve First Amendment to Developer Agreement with Rural
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April 25, 2023
Neighborhoods, Inc., to develop Housing at the former Golden Gate
Golf Course. (Companion to Items #11C & #11D) (Cormac Giblin,
Economic Development and Housing Division Director)
Motion to approve all three (#11B, #11C & #11D) all at the same
time, with the changes discussed along w/clean up item by staff
and the County Attorney by Commissioner McDaniel; Seconded
by Commissioner Saunders - Approved 5/0
C. This Item to be heard no sooner than 2:30 P.M. Recommendation
to approve Collier County Standard Form Long-Term Ground Lease
with Rural Neighborhoods, Inc., to develop Housing at the former
Golden Gate Golf Course and authorize necessary budget
amendments. (Companion to Items #11B & #11D) (Cormac Giblin,
Economic Development and Housing Division Director)
Motion to approve all three (#11B, #11C & #11D) all at the same
time, with the changes discussed along w/clean up item by staff
and the County Attorney by Commissioner McDaniel; Seconded
by Commissioner Saunders - Approved 5/0
D. This Item to be heard no sooner than 2:30 P.M. Recommendation
to approve and authorize the Chairman to sign a State Housing
Initiative Partnership Sponsor Agreement between Collier County and
Renaissance Hall at Old Course, LLC in the amount of $1,500,000 for
new construction of rental housing units at the Golden Gate Golf
Course, and authorize the County Manager or designee to execute any
and all SHIP-related restrictions for this property in accordance with
this agreement and project. (Companion to Items #11B & #11C)
(Kristi Sonntag, Community and Human Services Division Director)
Motion to approve all three (#11B, #11C & #11D) all at the same
time, with the changes discussed along w/clean up item by staff
and the County Attorney by Commissioner McDaniel; Seconded
by Commissioner Saunders - Approved 5/0
Moved from Item #16C7 (Per Agenda Change Sheet)
E. This Item continued from the December 10, 2022, BCC Meeting.
Recommendation to approve an Agreement for Sale and Purchase
with WISC Investment Company, LLC, for 0.39 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $432,600.
Motion to approve by Commissioner LoCastro; Seconded by
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Commissioner Saunders – Fails 2/3 (Commissioners McDaniel,
Commissioner Hall & Commissioner Kowal opposed)
Moved from Item #16F3 (Per Agenda Change Sheet)
F. Recommendation to approve a Fifth Amendment to the Facilities
Management Agreement #21-7898 with Sports Facilities
Management, LLC to amend the budget to reflect the increased cost of
goods from $488,928 to $889,365, increased revenues from
$1,389,743 to $1,922,474, authorize the Chairman to sign the
amendment and authorize all necessary budget amendments.
Motion to approve by Commissioner McDaniel; Seconded by
Commissioner Saunders - Approved 5/0
Move from Item #16C5 (Per Agenda Change Sheet)
G. Recommendation to approve the Second Amendment to Agreement
No. 15-6365 for “FEMA Acceptable Debris Removal for Disaster
Generated Debris” with AshBritt, Inc., d/b/a AshBritt Environmental,
to increase the fee schedule rates 7%, effective on the renewal date of
January 12, 2023, and authorize the Chairman to sign the amendment.
Motion to approve by Commissioner Saunders; Seconded by
Commissioner McDaniel - Approved 5/0
12. COUNTY ATTORNEY'S REPORT
A. To be heard no sooner than 3:00 P.M. Recommendation to approve
and authorize the Chairman to execute a Mediated Settlement
Agreement with La Minnesota Riviera, LLC, and the Riviera Golf
Estates Homeowners Association, Inc., for settlement of a Bert Harris
Claim filed pursuant to Florida Statutes §70.001, related to application
of the County’s Golf Course Conversion Ordinance on the Riviera
Golf Course.
Motion to move forward as written in the agenda by
Commissioner Kowal; Seconded by Commissioner LoCastro -
Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
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April 25, 2023
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
C. STAFF AND COMMISSION GENERAL COMMUNICATIONS
1) County Manager Patterson – Has received the document
for the transfer of funds ($30 million) to the State; Sale of
fuel at marinas at a 35% mark-up until it’s added to the fee
schedule at Goodland, Port of the Isles and Cocohatchee
2) Deputy County Manager Rodriguez – City of Naples and
County Staff to meet soon; concessionaire bids with one that
will take all areas and maintain them
Motion to allow the sale of fuel at marinas until it is placed on the
County’s fee schedule by Commissioner Hall; Seconded by
Commissioner Saunders – Approved 5/0
3) County Attorney Klatzkow – Land item will be readvertised
and brought back to the May 23, 2023, BCC Meeting
4) Commissioner Hall – Naples Pathway Coalition and looking
for funding, staff to work with him to pursue state grants
5) Commissioner McDaniel – All for pursuing state grants that
will help fund the pathways
6) Commissioner Kowal – Not anti-Conservation Collier, but
his questions weren’t answered earlier; Riviera Golf Estates
grants for pathways and connectivity for urban greenspace;
Parking at boat ramp and employee’s park elsewhere with
getting a ride to the barge
7) Commissioner Saunders – Thank you to Dr. Yilmaz for the
report regarding the expanding water/sewer service in
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Golden Gate City; Inquiry on status of the transfer of funds
and if the Clerk needs anything to let him know
8) Commissioner LoCastro – Environmental lot in Marco,
bigger presentation might help; Parks & Recreation
Paradise use food truck at Tiger Tail Beach so it isn’t
sitting; Jamie Cook and I went to the rock crushing site, no
giant boulders, hated it but a-lot less, still watching progress
and continue the updates; Next BCC Meeting will have the
resolution regarding the liens and fines; Shout-out to
Katherine Chachere for going above and beyond for the
Treviso Bay stoplight, she went out and had a bucket of soil
tested for the PH level, Thank you for your initiative;
Adjourned
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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.
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Approved and/or Adopted w/changes 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to approve final acceptance of the sewer
utility facilities and accept the conveyance of a portion of the
sewer facilities for Bayshore Food and Wine Venue,
PL20220008943.
Final inspection by staff found the facilities to be
satisfactory and acceptable on February 17, 2023
2) Recommendation to approve final acceptance of the potable
water and sewer facilities for Edge 75 by Watermark – Phase 1,
PL20210000049, 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 Final
Obligation Bond in the total amount of $32,107.76 to the
Project Engineer or the Developer’s designated agent.
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Final inspection by staff found the facilities to be
satisfactory and acceptable on March 12, 2023
3) Recommendation to approve final acceptance of the potable
water and sewer facilities for Edge 75 by Watermark – Phase 2,
PL20210000986, 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 Final
Obligation Bond in the total amount of $33,180.82 to the
Project Engineer or the Developer’s designated agent.
Final inspection by staff found the facilities to be
satisfactory and acceptable on March 6, 2023
4) Recommendation to approve final acceptance and accept the
conveyance of the potable water and sewer utility facilities for
Esplanade by the Islands - Phase 1C, PL20200000680, 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.
Final inspection by staff found the facilities to be
satisfactory and acceptable on March 20, 2023
5) Recommendation to approve final acceptance of the potable
water and sewer utility facilities and accept the conveyance of a
portion of the potable water and sewer utility facilities for
Valley Stream Self Storage, PL20220001872.
Final inspection by staff found the facilities to be
satisfactory and acceptable on March 6, 2023
6) 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 Maple
Ridge Phase 5B, Second Replat, Application Number
PL20180000568, and authorize the release of the maintenance
securities in the amount of $454,837.97.
Resolution 2023-71
7) Recommendation to approve a Resolution for final acceptance
of the private roadway and drainage improvements, acceptance
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of the plat dedications, for the final plat of Silverwood at Ave
Maria (Phase 1), Application Number PL20170002303, and
authorize the release of the maintenance securities in the
amount of $661,265.90.
Resolution 2023-72
8) 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 Tree
Farm, Application Number PL20180003592, and authorize the
release of the maintenance security in the amount of
$184,220.85.
Resolution 2023-73
9) Recommendation to award Invitation to Bid (“ITB”) No. 23-
8077, “Aquatic Vegetation Maintenance,” to DeAngelo
Contracting Services LLC, as the primary vendor, and Superior
Landscaping & Lawn Service Inc., as the secondary vendor,
and authorize the Chairman to sign the attached agreements.
(Estimated annual spend $350,000 Stormwater Utility Fund
103).
10) Recommendation to award Invitation to Bid ("ITB") No. 23-
8069, "Tree and Palm Maintenance," to Tree Scaping of Naples
Inc., as the primary vendor, and Superior Landscaping & Lawn
Service Inc., as the secondary vendor, and authorize the
Chairman to sign the attached agreements.
11) Recommendation to approve an Economic Development
Agreement with AZT Technology, LLC, in the sum of
$40,272.80 for infrastructure expenditure for a Florida Power
and Light transformer and feeder conduits, equipment feeds and
grounding for a precision metal component manufacturing
facility in the Interchange Activity Center No. 9 Innovation
Zone and authorize for reimbursement of these expenditures.
12) Recommendation to approve an Agreement for the purchase of
a sidewalk, slope, and utility easement (Parcel 513SWUE)
required for construction of improvements for the Logan
Boulevard at Vanderbilt Beach Road Intersection (Project No.
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April 25, 2023
#60252).
Folio #29268000085
13) Recommendation to authorize a budget amendment to
recognize revenue and transfer funding for projects within the
Transportation Supported Gas Tax Fund (313) and
Transportation & CDES Capital Fund (310) in the amount of
$122,648.76. (Projects #60085, #60088, #69331, #69333,
#69338, and #69339)
As detailed in the Executive Summary
14) Recommendation to award Fixed Fee Professional Service
Agreements to Stewart Title Company, American Government
Services Corporation, and Guaranteed Florida Title, Escrow &
Abstract, Inc., (f/k/a Title Partners of South Florida, Inc.,) under
Request for Proposal (“RFP”) No. 22-7997, “Real Estate Title
& Closing Services,” and authorize the Chairman to sign the
attached agreements.
15) Recommendation to approve the selection committee’s ranking
and authorize staff to begin contract negotiations with Kimley-
Horn and Associates, Inc., related to Request for Professional
Services (“RPS”) No. 22-8053 for “Design Services for
Vanderbilt Beach Road Extension Phase II,” so that staff can
bring a proposed agreement back for the Board’s consideration
at a future meeting.
16) Recommendation to approve the commencement of services
under Agreement No. 21-7842, “Roadway Contractors,” to
authorize construction of the Radio Road at Devonshire
Boulevard and Countryside Drive Intersection Improvements in
the amount of $773,114.25, and to authorize any necessary
budget amendments. (Project #60016.47)
17) Recommendation to the purchase a Mack MD6 cab and chassis
truck upfitted with a truck mounted TrafFix Device, Scorpion II
TL-3 Attenuator and a Mobile Traffic Advisory/Directional
Signal Board utilizing two Florida Sheriffs Association
(“FSA”) Cooperative Agreements from Nextran Truck Center
under FSA22-VEH20.0 “Heavy Trucks & Buses” (cab and
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April 25, 2023
chassis truck) and from Striping Service and Supply, Inc., under
FSA20-EQU 18.0, “Heavy Equipment."
18) Recommendation the Board of County Commissioners
approve an access easement and temporary construction
easement for the construction of an eight-foot concrete noise
wall on two County-owned properties to abate noise from
Veteran’s Memorial Boulevard in accordance with the 2006
Settlement Agreement for the Sandalwood PUD.
19) Recommendation to approve and authorize the Chairman to
sign a Small County Outreach Program (SCOP) State-Funded
Grant Agreement with the Florida Department of
Transportation (FDOT) to receive reimbursement up to
$818,622 to construct paved shoulders on Immokalee Road (CR
846) from east of Main Street (SR 29) to east of Tradeport
Parkway (FPN 449668-1-54-01, Project #60253); to execute a
Resolution memorializing the Board’s action; and authorize all
necessary budget amendments.
Resolution 2023-74
20) Recommendation to approve the attached Amendment No. Four
to Agreement No. 18-7382 - Professional Services Agreement
for Collier Area Transit Fixed Route, Demand Response, and
Transit Operations Management Services with MV
Transportation, Inc., allowing for an extension of Amendment
No. Three to address staffing shortages through and including
the current April 30, 2024, termination date of the Agreement,
and authorizing the Chairman to sign the attached amendment.
21) 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 ($125,000) the grant award
from $467,424 to $592,424 for the construction of bike lane
and shoulder improvements along 111th Avenue North from
the Bluebill Avenue Bridge to 7th Street North; to adopt the
accompanying resolution formally approving and authorizing
its chairman to execute same on behalf of the Board; (Project
#33620), FPN 441846-1-58-01.
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Resolution 2023-75
22) Recommendation to approve and authorize the Chairman to
execute a Local Agency Program (LAP) Construction
Agreement with the Florida Department of Transportation
(FDOT) reimbursing the County up to $983,670 for the
construction of 5-foot bike lanes on Green Blvd from Santa
Barbara Blvd to Sunshine Blvd; execute a Resolution
memorializing the Board’s action; and authorize the necessary
budget amendments (Project #33849), FPN 438093-2-58-01.
Resolution 2023-76
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve an Agreement for Sale and
Purchase with: (1) Jose F. Castillo and Jorge F. Castillo; (2)
Odalys Quevedo; (3) Michael L. Toro and Patricia M. Toro, as
Trustees of the Michael and Patricia Toro Revocable Joint Trust
Agreement, dated April 20, 2017; and (4) Frederick P.
Trofatter, Jr. and Heather B. Trofatter under the Conservation
Collier Land Acquisition Program, at a cost not to exceed
$175,905.
2) Recommendation to approve administrative Change Order No.
8 providing for a 90-day time extension and a $111,552.00
increase to the contract amount under Agreement No. 18-7469
with WSP USA Environment & Infrastructure Inc., for the Big
Corkscrew Island Regional Park. (Project No. 80039.1.3)
Set to expire on March 10, 2023, and extending the time to
May 31, 2023
3) Recommendation to approve proposal No. 10795, 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 $397,226.27 to replace the proprietary N2
Johnson Controls BMS with new BACnet Reliable Controls at
the Collier County Emergency Service Center. (Project No.
Page 18
April 25, 2023
52162)
4) Recommendation to accept a project update to NCWRF
Pretreatment Facility Project No. 70149 currently in design
with AECOM Technical Services, Inc., under Agreement No.
20-7722-NS.
Move to Item #11G (Per Agenda Change Sheet)
5) Recommendation to approve the Second Amendment to
Agreement No. 15-6365 for “FEMA Acceptable Debris
Removal for Disaster Generated Debris” with AshBritt, Inc.,
d/b/a AshBritt Environmental, to increase the fee schedule rates
7%, effective on the renewal date of January 12, 2023, and
authorize the Chairman to sign the amendment.
6) This Item continued from the March 28, 2023, BCC
Meeting. Recommendation to 1) approve the attached
Agreement and Access and Utility Easement to allow VB BTS,
II, LLC, access to its proposed communications tower through
Palm Springs Neighborhood Park and authorize the Chairman
to execute same on behalf of the Board of County
Commissioners; 2) Direct the County Manager or her designee,
to record the Access and Utility Easement in the Public Records
of Collier County, Florida; and 3) Direct staff to ensure that all
proposed improvements discussed herein are part of and
incorporated within the SDP (PL20210000655).
Moved to Item #11E (Per Agenda Change Sheet)
7) This Item continued from the December 10, 2022, BCC
Meeting. Recommendation to approve an Agreement for Sale
and Purchase with WISC Investment Company, LLC, for 0.39
acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $432,600.
D. PUBLIC SERVICES DEPARTMENT
Continued to the May 9, 2023, BCC Meeting (Per Agenda Change Sheet)
1) Recommendation to authorize a Budget Amendment in the
amount of $100,000 to transfer funding within the County-
Wide Capital Fund (301) to continue funding eBook collections
Page 19
April 25, 2023
to meet patron demand for digital resources and materials for
Collier County Public Libraries.
2) Recommendation to approve a Release of Lien in the amount of
$7,051.70 for full payment of an Immokalee Area Residential
Impact Fee Deferral approved as part of an impact fee deferral
program for properties located within the Immokalee Enterprise
Zone.
Located at 1268 Allegiance Way
3) Recommendation to approve the resurfacing of Twenty (20)
additional Pickleball Courts at East Naples Community Park
and to make a finding that this expenditure promotes tourism.
There is no additional fiscal impact as the original funded
amount is sufficient to include resurfacing of the additional
courts.
4) Recommendation to authorize Staff to submit an application to
the Florida Fish and Wildlife Conservation Commission’s
Invasive Plant Management Section to be eligible to receive
funding assistance services, worth $280,000 in FY 2024, for the
removal of invasive exotic vegetation within Conservation
Collier’s North Belle Meade, Winchester Head, and Red Maple
Swamp Preserves, and to authorize staff to accept such funding
assistance services, if awarded.
5) Recommendation to accept the Conservation Collier Annual
Report, the Public Access and Preserve Amenities Report, and
an update on the Program’s recent and pending acquisitions.
6) Recommendation to approve an “After-the-Fact” Amendment 2
with Area Agency on Aging for Southwest Florida, Inc., for the
Emergency Home Energy Assistance Program to authorize
FY2022 funding for the EHEAP 203.21 Agreement to increase
the award amount of $100,000 with revision to the Budget
Summary for FY21 & FY22 and the supporting Budget
Amendment. (Human Services Grant Fund 707)
7) Recommendation to promote economic development in local
agriculture via a $5,000 sponsorship of the Collier County Farm
Page 20
April 25, 2023
Bureau 2nd Annual AgVenture and Rodeo event organized by
the Collier County Farm Bureau. (Economic Development
Fund 007)
8) Recommendation to approve the Conservation Collier HHH
Ranch Preserve 2-year Interim Management Plan under the
Conservation Collier Program and to name the property North
Belle Meade Preserve.
Located in Section 33, Township 49, & Range 27
9) Recommendation to approve the “After-the-Fact” submittal of a
grant application for a four-year Bureau of Justice Assistance
(BJA) Drug Court Discretionary Grant in the amount of
$1,000,000.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the administrative report prepared
by the Procurement Services Division for various County
Division's After-the-Fact purchases requiring Board approval in
accordance with Procurement Ordinance 2017-08 and the
Procurement Manual, as well as, to approve the payment of
$5,404.95 in expenditures that have been incurred that were out
of compliance with the contracts or procurement requirements
for associated invoices that have not been paid.
2) Recommendation to authorize one additional Full Time
Equivalent (FTE) position in the Collier County Fleet
Management Division.
3) Recommendation to approve Agreement #23-001-NS with
United Data Technologies, Inc., for additional professional
services pertaining to the installation of the Cisco Phone
System upgrade using General Services Administration
(“GSA”) contract #GS-35F-538GA (professional services).
F. COUNTY MANAGER OPERATIONS
1) Recommendation to renew the annual Certificate of Public
Convenience and Necessity (COPCN) and Permit for a Class 1
Page 21
April 25, 2023
(ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility
ALS Ambulance Transport) for the Seminole Tribe Fire Rescue
Department within the boundaries of the Seminole Tribe in
Immokalee; authorize the Chairman to sign the permit and
certificate; and recognize and accept the $250 application fee
within Fund 001.
2) Recommendation to adopt a Resolution approving amendments
(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.)
Resolution 2023-77
Moved to Item #11F (Per Agenda Change Sheet)
3) Recommendation to approve a Fifth Amendment to the
Facilities Management Agreement 21-7898 with Sports
Facilities Management, LLC to amend the budget to reflect the
increased cost of goods from $488,928 to $889,365, increased
revenues from $1,389,743 to $1,922,474, authorize the
Chairman to sign the amendment and authorize all necessary
budget amendments.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing
a Florida Department of State, Division of Elections, 2022/2023
Election Security Funds Grant Award in the amount of
$118,610.
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
Page 22
April 25, 2023
disbursements were drawn for the periods between March 30,
2023, and April 12, 2023, pursuant to Florida Statute 136.06.
3) Request that the Board approve and determine valid public
purpose for invoices payable and purchasing card transactions
as of April 19, 2023.
K. COUNTY ATTORNEY
1) Recommendation to reappoint two members to the Animal
Services Advisory Board.
Resolution 2023-78: Reappointing James Rich and Sherry
Rego both w/terms expiring on April 13, 2027
2) Recommendation to approve a Stipulated Final Judgment in the
total amount of $8,600 plus $8,513.36 in statutory attorney fees,
litigation costs, apportionment attorneys’ fees, and experts’ fees
and costs for the taking of Parcel 1268RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168, and an
amount not to exceed $3,000 for additional apportionment costs
if needed for the taking of Parcel 1268RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168.
3) Recommendation to approve a Stipulated Final Judgment in the
total amount of $10,350 plus $7,655.92 in statutory attorney
fees, litigation costs, apportionment attorneys’ fees, and
experts’ fees and costs for the taking of Parcel 1267RDUE
required for the Vanderbilt Beach Road Extension Project No.
60168.
4) Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County
Commissioners against Roy Garcia in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to
recover $5,743.11 in damages incurred by the County for
repairs to a foxtail palm, park bench and trash receptacle, plus
costs of litigation
For a vehicle accident that occurred on October 20, 2021
5) Recommendation to authorize the County Attorney to file a
Page 23
April 25, 2023
lawsuit on behalf of the Collier County Board of County
Commissioners against Ashley Angelica Hernandez and Marta
Rebeca Hernandez Garcia in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to recover
damages for the repair of Collier County property totaling
$7,710.14, plus costs of litigation.
For a vehicle crash that occurred on April 1, 2021
6) Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County
Commissioners against Rachel Jimenez Lopez in the County
Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages for the repair of Collier
County property totaling $7,956.38 plus costs of litigation.
For a vehicle accident that occurred on September 27, 2020
7) Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County
Commissioners against Michael Lavery and Mason Tyler
Morgan in the County Court of the Twentieth Judicial Circuit in
and for Collier County, Florida, to recover damages incurred by
the County for the repair to the security gate and fence at the
South County Regional Water Treatment Plant located at 3875
City Gate Drive the totaling $4,400, plus costs of litigation.
For a vehicle accident that occurred on January 7, 2021
----------------------------------------------------------------------------------------------------
17. Summary Agenda - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval
from staff; 2) Unanimous recommendation for approval by the Collier
County Planning Commission or other authorizing agencies of all
members present and voting; 3) No written or oral objections to the
item received by staff, the Collier County Planning Commission, other
authorizing agencies or the Board, prior to the commencement of the
BCC meeting on which the items are scheduled to be heard; and 4) No
individuals are registered to speak in opposition to the item. For those
items which are quasi-judicial in nature, all participants must be sworn
in.
----------------------------------------------------------------------------------------------------
Adopted 5/0
Page 24
April 25, 2023
A. 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 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] (Second of two hearings) (This is a companion to
Item #17B)
Ordinance 2023-19
B. Recommendation to Adopt PL20190000821 -GMPA- Collier
Boulevard/Interstate 75 Innovation Zone Overlay - An Ordinance of
the Board of County Commissioners amending Ordinance 89-05, as
amended, the Collier County Growth Management Plan, specifically
amending the Future Land Use Element and Future Land Use Map
and Map Series to add the Collier Boulevard/Interstate 75 Innovation
Zone Overlay to attract and retain qualified targeted industry business;
to correct a Scrivener's error in the Activity Center #9 inset map; and
Furthermore directing transmittal of the adopted amendment to the
Florida Department of Economic Opportunity. The subject property is
located at the intersections of Collier Boulevard and Interstate 75, and
Collier Boulevard and Davis Boulevard, in Sections 34, 35 and 36,
Township 49 South, Range 26 East, and Sections 2 and 3, Township
50 South, Range 26 East, Collier County, Florida, consisting of
1,236± acres. [PL20190000821] (This is a companion Item to #17A)
Page 25
April 25, 2023
Ordinance 2023-20
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers, and supplemental revenue) to
the FY22-23 Adopted Budget. (The budget amendments in the
attached Resolution have been reviewed and approved by the Board of
County Commissioners via separate Executive Summaries.)
Resolution 2023-79
D. This item requires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Recommendation
to approve Petition VAC-PL20220000374 to disclaim, renounce and
vacate the County and the public interest in two unimproved 30-foot-
wide public right-of-ways described as Avenue “B” and First Street,
according to the COL-LEE-CO TERRACE subdivision plat, as
recorded in Plat Book 1, Page 32, of the Public Records of Collier
County, Florida. The subject property is located on the south side of
U.S. 41 between Fredrick Street and Palm Street in Section 11,
Township 50 South, Range 25 East, Collier County, Florida; and to
approve a Developer Agreement with TB East Trail LLC (Developer)
and Collier County (County) to provide $528,431.35 for a stormwater
management improvement between Spruce Street and Pine Street.
Resolution 2023-80
Moved to Item #9B (Per Agenda Change Sheet)
E. A Resolution of the Board of County Commissioners proposing an
amendment to the Collier County Growth Management Plan,
Ordinance 89-05, as amended, specifically amending the Future Land
Use Element and Future Land Use Map and Map Series to add the US
41 East Overlay to allow certain economic development uses within
the Corridor segments; and, allow increased height and density, and
certain economic development uses in Regional Centers and
Community Centers through incentives, and amending the
Transportation Element and maps to expand the South US 41
Transportation Concurrency Exception Area, and furthermore
directing transmittal of the proposed amendment to the Florida
Department of Economic Opportunity. [PL20230000930]
Moved to Item #9C (During Agenda Change Sheet)
F. An Ordinance of the Board of County Commissioners amending
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April 25, 2023
Ordinance 89-05, as amended, the Collier County Growth
Management Plan of the unincorporated area of Collier County,
Florida, relating to the Rural Fringe Mixed Use District Restudy and
specifically amending the Future Land Use Element and the Future
Land Use Map and map series to require transfer of development
rights for comprehensive plan amendments for increased residential
density in the Urban Mixed Use District and the Rural Fringe Mixed
Use District; amending the Urban Mixed Use District, Urban
Residential Fringe Sub-district to remove the density bonus cap on
Residential In-Fill and remove the requirement to use transfer of
development rights within one mile of the urban boundary; and
amending the Rural Fringe Mixed Use District of the Future Land Use
Element to change development standards and requirements, increase
density on Receiving Lands for affordable housing, add transfer of
development rights credits, add uses in Receiving Areas, and add a
conditional use for recreation in Sending Lands, and to amend
development standards for rural villages; and create the Belle Meade
Hydrologic Enhancement Overlay; and to correct the scrivener's error
for the Immokalee Road Rural Village Overlay on the Future Land
Use Map; and furthermore, directing transmittal of the adopted
amendments to the Florida Department of Economic Opportunity and
providing for an effective date. [PL20200002234]
18. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-
8383.