07/14/2020JULY 14, 2020 - REGULAR MEETINGSaunders Solis Fiala Taylor McDaniel Passed FailedAGENDA ITEM MOTION Ordinance/Resolution CLERK TRACKINGItem #2A - Approval of Today's Regular, Consent and Summary AgendasMOTION Approved and/or Adopted w/changes – 5/0;Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Yes Yes Yes Yes YesYesItem #2B - Approval of June 2, 2020 BCC Special Meeting MinutesMOTION to approve #2B, #2C and #2D by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #2C - Approval of June 9, 2020 BCC Meeting Minutes MOTION to approve #2B, #2C and #2D by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #2D - Approval of June 18, 2020 BCC Budget Workshop Meeting MinutesMOTION to approve #2B, #2C and #2D by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #9A -An Ordinance for a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. [PL20180002668/CP 2018 7] (Adoption Hearing) (Companion toMOTION to approve Item #9A by Commissioner McDaniel; Seconded by Commissioner Fiala. Adopted 5/0; MOTION directing staff to award two dwelling units to non-village developments; and to include Commissioners Taylor's point for staff to bring back contribution to Conservation Collier by Commissioner McDaniel; Seconded by Commissioner Fiala. Carried 5/0Ordinance 2020-21Yes Yes Yes Yes YesYesItem #9B - An Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 a Rural Agricultural zoning district within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as Ventana Pointe RPUD, to allow construction of up to 77 detached single family dwelling units on property located on the south side of Immokalee Road, approximately two miles east of Collier Boulevard, in Section 25, Township 48 South, Range 26 East, consisting of 37.62± acres; and by providing an effective date. [PL20180002669] (This is a companion to Agenda Item #9A) MOTION to apprrove by Commissioner McDaniel; Seconded by Commissioner Fiala. Carried 5/0Ordinance 2020-22No Yes Yes Yes YesYesItem #10A - Recommendation to direct the County Manager to work with the Naples Senior Center (NSC) team to explore opportunities to locate on public property or other alternative private sites in the county. (Commissioner McDaniel) MOTION to approve by Commissioner McDaniel; Seconded by Commissioner Saunders. Carried 5/0 Yes Yes Yes Yes YesYesItem #10B - Recommendation to direct the County Manager, or designee, to develop a scope, estimated cost and schedule for a combined Vulnerability Assessment and Adaption Planning Study related to sea-level rise for future consideration. (Commissioner Taylor) Motion for the County Manger to bring back findings in the fall - MOTION for the County Manager to bring back findings in the fall by Commissioner Taylor; Seconded by Commissioner Solis. Carried 5/0Yes Yes Yes Yes YesYesItem #10C - Recommendation to adopt a resolution designating the area located in the District 2 Industrial Park area as a cultural arts district. (Commissioner Solis)MOTION to adopt the resolution designating the area in District 2 as a cultural and arts district by Commissioner Solis; Seconded by Commissioner Fiala. Carried 5/0Resolution 2020-132Yes Yes Yes Yes YesYesItem #10D - Discussion of proposal by the Citizens Climate Lobby. (Commissioner Saunders) After additional information is provided to the Commission this item will be brought back forAfter Additional information is provided to the Commission, this item will be brought back for further discussion in the fall by Consensus Yes Yes Yes Yes YesYesItem #10E - Recommendation that the Board direct the County Attorney to advertise and bring back for a Special Hearing an Ordinance mandating that individuals wear a face covering in public. (Commissioner Solis) MOTION to adopt as an emergency order the drafted ordinance by the county attorneys that includes masks would be required in public and county buildings where business is being conducted and to include that 10-year age limit and remove the crinimal aspect of it by Commissioner Solis; Seconded by Commissioner Saunders. Fails 2/3 (Commissioner Fiala, Commissioner Taylor Yes Yes No No No YesItem #11A - Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2020/21 and Reaffirm the Advertised Public Hearing dates in September 2020 for the Budget approval process. MOTION to approve by Commissioner Fiala; Seconded by Commissioner Solis. Carried 5/0 Resolution 2020-133Yes Yes Yes Yes YesYesItem #11B - Recommendation to approve allocations of the Coronavirus Relief Fund appropriation to Collier County in the amount of $67,162,425. Motion to approve as presented.MOTION to approve as presented by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11C (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Agreement No. 19-7632 for Construction Engineering and Inspection (“CEI”) and Related Services for "Eleven Bridge Replacements East of SR 29" to HighSpans Engineering, Inc., in a not to exceed amount of $3,184,809.50. MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11D (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Invitation to Bid (“ITB”) #20-7719, Palm River Blvd Bridge Replacement (Project No. 66066to ZEP Construction, Inc., in the amount of $1,295,966.06, and authorize the Chairman to sign the attached Agreement. MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11E (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Bid Number #20-7770, “South County Water Reclamation Facility (SCWRF) Modifications to Clarifier #2,” to Contractor, PWC, Joint Venture LLC, in the amount of $1,599,700 for Project Number 70270, and approve the necessary budget amendments.Approved – 5/0MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11F (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Invitation to Bid No. 20-7769, “South County Regional Water Treatment Reactor Tank No. 4,” Project #70135, to Mitchell & Stark Construction Company, Inc., in the amount of $3,843,000, and authorize the Chairman to sign the attached agreement. (Companion to Agenda Item 12743) MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11G (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Contract #19-7633 “South County Regional Water Treatment Reactor Tank No. 4 - CEI Services,” Project #70135, to Stantec Consulting Services, Inc., in the amount of $318,640, for Construction Engineering Inspection Services. (This is a companion to Agenda Item 12742) MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11H (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Invitation to Bid (“ITB”) No. 20-7747-ST, Immokalee Health Building HVAC and Roof Replacement Project, to DEC Contracting Group Inc., in the amount of $1,266,093 and authorize the Chairman to sign the attached agreement. MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11I (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to award Invitation to Bid ("ITB") No. 20-7741, "Carica Pump and Pipe Improvements," (Project Number 71067), to Florida Design Drilling Corporation, in the amount of $1,354,000, and authorize the Chairman to sign the attached agreement. MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11J (One Motion Taken to Approve Item #11C through Item #11K) - Recommendation to approve and authorize the Chairman to execute a Seventh Amendment in the amount of $1,637,264 to Agreement No. 04-3673 with Carollo Engineers, Inc., pertaining to the design of the Northeast Water Reclamation Facility and Water Treatment Plant, and to authorize the necessary budget amendments. MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11K (One Motion Taken to Approve Item #11C through Item #11K) - Award Invitation to Bid (“ITB”) No. 20-7752, “Hickory Road Water Main Improvements” (Project Number 70129), to Haskins, Inc., in the amount of $1,377,246.50, and authorize the Chairman to sign the attached agreement - MOTION to approve by Commissioner Solis; Seconded by Commissioner Taylor. Carried 5/0Yes Yes Yes Yes YesYesItem #11L - Recommendation to accept the COVID-19 Status Report and provide further direction as appropriate. (Steve Carnell, Department Head, Public Services Department) Presented by John Drew, Health DepartmentAccept the Status Report as Presented - ConsensusYes Yes Yes Yes YesAGENDA ITEM MOTION Ordinance/Resolution CLERK TRACKINGItem #17A - An Ordinance amending Ordinance Number 14-06, the 7-Foodmart Commercial Planned Unit Development (CPUD), and by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of 1.09 acres of land presently zoned Residential Multi-Family-12 District (RMF-12) within the Santa Barbara Commercial Overlay District to incorporate the parcels into the 7-Foodmart CPUD for a total PUD size of 2.12± acres; and to increase the commercial square footage from 10,000 square feet to 15,000. The subject property is located on the east side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section 21, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [PL20190000683]MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Ordinance 2020-18YesItem #17B - Recommendation to approve the single petition for Temple Shalom within the 2019 Cycle 2 of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and Comments response for an amendment specific to the Estates-Mixed Use District of the Golden Gate Area Master Plan. (Transmittal Hearing) [PL20180003708/CP-2019-02]MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-125YesItem #17C - A Resolution approving a site plan with deviations pursuant to LDC Section 10.02.03.F and seven total deviations, including one deviation from Section 4.06.02.C.4 to reduce the north buffer width; three deviations from Section 5.05.05.E.1 to reduce the landscape buffer width on the eastern property line, allow no undulated berm on the east property line and reduce the tree clustering and spacing to allow the existing trees to remain; one deviation from LDC Section 4.06.02.D.4 to allow the storage structure to remain within the south landscape buffer; and two deviations from Section 5.05.05.B.1 to reduce the setback on the north property line to 25.55 feet and to reduce the setback on the south property line to 16.8 feet; for redevelopment of the convenience gas station project consisting of 1.72± acres located on the west side of Santa Barbara Boulevard, approximately 420 feet north of Radio Road in Section 32, Township 49 South, Range 26 East, Collier County, Florida. [PL201800017850]MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-126YesItem #17D - Recommendation to consider adoption of an Ordinance establishing the Tamarindo Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Ordinance 2020-19YesItem #17E - Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to increase the seating limitations to a maximum of 200 seats and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone 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 Two - Zoning Districts and Uses, including Section 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20190002545] MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Ordinance 2020-20YesItem #17F - Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number NUA-PL20190002862, providing for the approval of a nonconforming use alteration pursuant to LDC Section 9.03.03.B. to reduce the eastern side setback from 7.5 feet to 5.3 feet for the existing structure and proposed enclosure of the screened-in lanai. The subject property is described as Lot 18, Block 53, Naples Park Unit 4, also described as 851 92nd Avenue North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-127YesItem #17G - Recommendation to approve a Resolution of the Board of Zoning Appeals relating to VA-PL20190002360 for a variance from Land Development Code Section 5.03.06 to reduce the minimum side yard riparian setbacks to zero, for the benefit of Lot 8, Block G, Little Hickory Shores, Unit 3 Replat subdivision, also known as 267 3rd Street in Section 5, Township 48 South, Range 25 East, Collier County, Florida. MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-128YesItem #17H - Recommendation to approve Petition VAC-PL20200000704, to disclaim, renounce and vacate the County and the public interest in 6-foot drainage and public utility easement located on each side of the common lot line between Lots 25 & 26 and 26 & 27, Block 73 of Golden Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page 116 of the public records of Collier County, Florida, located on the west side of C.R. 951 (Collier Boulevard), approximately 500-feet south of Green Boulevard, in Section 22, Township 49 South, Range 26 East, Collier County, Florida. MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-129YesItem #17I - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2019-20 Adopted Budget.MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-130YesIterm #17J - Recommendation to approve a variance from the Coastal Construction Setback Line (CCSL) to allow for construction of an expansion of the existing wood deck attached to the landward edge of the existing north boardwalk, approximately 63 feet seaward of the CCSL, and removal of the derelict seaward section of the north boardwalk, approximately 93.8 feet seaward of the CCSL. The subject property is located at the Clam Pass County Park Facility, Pelican Bay Planned Unit Development, in Section 8, Township 49 South, Range 25 East, Collier County, Florida. [PL20190002627] MOTION from Item 2A - Approved and/or Adopted w/changes – 5/0; Commissioner McDaniel voted “no” on Items #16G4, #16G5 and #16F2 by Commissioner Taylor; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-131YesVOTESVOTES