10/25/2022OCTOBER 25, 2022 - REGULAR MEETINGMcDaniel LoCastro Saunders Solis Taylor Passed FailedAGENDA ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of today's regular, consent and summary agend as amended (ex parte disclosure provided by commission members for consent agenda.)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Yes Yes Yes Yes -YesItem #2B - BCC Meeting Minutes for September 13, 2022MOTION to approve as presented by Commissioner LoCastro; Seconded by Commissioner Solis. Carried 4/0 (Commissioner Taylor absent) Yes Yes Yes Yes -YesItem #2C - BCC Meeting Minutes for September 27, 2022MOTION to approve as presented by Commissioner LoCastro; Seconded by Commissioner Solis. Carried 4/0 (Commissioner Taylor absent) Yes Yes Yes Yes -YesItem #9A - Recommendation to adopt an Ordinance establishing Milestone Inspections establishing a mandatory inspection of aging condominium and cooperative buildings in unincorporated Collier County and the City of Everglades if the City of Everglades agrees, by resolution, to have this Ordinance apply and be enforced in the City of Everglades, as long as the Collier County Building Official serves as the Building Official for the City of Everglades. (All Districts)Motion to approve by Commissioner McDaniel; Seconded by Commissioner Taylor – Adopted 5/0Ordinance 2022-42Yes Yes Yes Yes YesYesItem #9B - Recommendation to approve for transmittal the proposed large-scale amendment to the Growth Management Plan for the Collier Boulevard/Interstate 75 Innovation Zone Overlay - 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 Map Series to add the Collier Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain qualified target industry businesses; to correct a scrivener's error in the Activity Center #9 Inset Map; and furthermore recommending transmittal of the 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 1,245± acres. PL20190000821. (District 1)Motion to remove the 9-acre parcel by Commissioner LoCastro; Seconded by Commissioner Saunders – Adopted – 5/0; Motion to reconsider by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 4/1 (Commissioner LoCastro opposed) Motion to transmit w/omission of the 9-acre parcel by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 3/2 (Commissioner McDaniel and Commissioner Taylor opposed) Resolution 2022-176Yes Yes NoYes No NoYes Yes YesYes Yes YesYes Yes YesYes Yes YesItem #9C - This Item continued from the September 27, 2022, BCC Meeting. Recommendation to consider an Ordinance to establish a Notice to Tenant Ordinance relating to landlords providing written notice of rent increases over 5% to tenants with leases of one year or longer. (All Districts)Motion to approve w/changes by Commissioner Saunders; Seconded by Commissioner Taylor - Adopted 3/2 (Commissioner LoCastro and Commissioner McDaniel opposed)Ordinance 2022-43No NoYes Yes YesYesItem #10A - (Added Per Agenda Change Sheet) Recommendation to approve a Fifth 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 April 30, 2023, to allow for additional financing to be secured. (Commissioner Saunders’ Request)Motion to approve by Commissioner Saunders; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesItem #11A - This Item continued from the September 27, 2022, BCC Meeting. Recommendation to award Invitation to Bid (“ITB”) No. 22-7982, “105th Avenue North and 106th Avenue North Public Utilities Renewal” to Douglas N. Higgins Inc., in the amount of $16,806,410.00, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment. (Companion to Item #11B) (Matthew McLean, Director, Engineering and Project Management Division) (District 2)Motion to approved by Commissioner Solis; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesItem #11B - This Item continued from the September 27, 2022, BCC Meeting. Recommendation to approve a $1,146,154.00 purchase order to Stantec Consulting Services, Inc., under Professional Services Agreement Number 14-6345, for Construction, Engineering, and Inspection Services for the Public Utility Renewal Project for 105th and 106th Avenues North. (Project Numbers 60139 and #70120) (Companion to Item #11A) (Matthew McLean, Director, Engineering and Project Management Division) (District 2) Motion to approved by Commissioner Solis; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesVOTES
Item #11C - This Item continued from the September 27, 2022, BCC Meeting. Recommendation to approve an interfund transfer for payment from Sports Complex Capital Fund (370) to Wastewater User Fee Capital Fund (414) in the amount of $2,234,948 towards acquisition of 122.41 acres of land now occupied by the Collier County Sports Complex. (Jennifer A. Belpedio, Esq., Manager, Real Property Management, Facilities Management Division) (District 3, District 5)Motion to approve by Commissioner Taylor; Seconded by Commissioner Solis – Approved 5/0Yes Yes Yes Yes YesYesItem #11D - Recommendation to approve First Amendment to Agreement No. 05-3865 “Design and Permitting of Collier Boulevard” with CH2M Hill, Inc., for the final design and permitting to Project #68056” in the lump sum amount of $1,989,852 and authorize any necessary budget amendments. (Jay Ahmad, Director, Transportation Engineering) (District 3) Motion to approve by Commissioner Taylor; Seconded by Commissioner Solis - Approved 5/0Yes Yes Yes Yes YesYesItem #11E - To be heard no sooner than 2:00 PM. Recommendation to accept an update on the rock crushing activities on the property located at the southeast corner of Santa Barbara Blvd and Davis Blvd (Taormina Reserve MPUD). (Jaime Cook, Director, Development Review Division) (District 1)Motion to reconvene at the December 13th meeting to make decisions by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesItem #11F - This Item to be heard at 10:00 AM. Recommendation that the Board of County Commissioners consider a proposed partnership between Goodwill of Southwest Florida and Collier County for renovations and improvements to the East Naples location for the Collier County Community Resource Center, including a hub for the Microenterprise Program and dedicated space for Collier County allowing for expanded partnerships for recruitment of County staff as well as training and educational opportunities for current and future Collier County staff members; and direct the County Manager and County Attorney to prepare the necessary agreements and budget amendments in support of this partnership, for consideration at a future meeting of the Board. (Amy Patterson, County Manager) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes YesYesItem #11G - Moved from Item #16F5 (During Agenda Changes) Recommendation to approve the Second Amendment to Agreement No. 18-7281R, “Tourism Fulfillment and Call Center Services” to Faneuil, Inc. to reflect an increase in call center staffing expenditures and make a finding that this expenditure promotes tourism. (All Districts)Motion to approve by Commissioner Saunders; Seconded by Commissioner McDaniel - Approved 5/0Yes Yes Yes Yes YesYesSUMMARY ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow acommunications tower within the Estates (E) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.7± acre property located at 1680 Golden Gate Blvd East, also described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range 27 East, Collier County, Florida. (Zoning Petition CU-PL20200002584) (Companion to Item #17B) (District 5)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Resolution 2022-172Yes Yes Yes Yes -YesItem #17B - Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance of a 140-foot-tall communication tower from 350 feet to 174 feet for the northern residential property, from 350 feet to 66 feet for the eastern residential property, and from 350 feet to 107 feet for the western residential property, located at 1680 Golden Gate Boulevard East, also described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range 27 East, Collier County, Florida. (Zoning Petition VA-PL20210001301) (Companion to Item #17A) (District 5)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Resolution 2022-173Yes Yes Yes Yes -YesVOTES
Item #17C - Recommendation to approve an Ordinance amending Ordinance No. 2000-10, as amended by Ordinance No. 2015-30, the San Marino Residential Planned Unit Development (RPUD), to consolidate the San Marino, Willow Run, and Lido Isles RPUDs and the adjacent Rural Agricultural District (A) land known as Cracklin’ Jacks into one Residential Planned Unit Development consisting of 1,321 residential dwelling units on 823.6± acres; by revising the statement of compliance; by revising property ownership and description; by revising development standards, in particular by establishing development Parcel C and adding and revising permitted uses and development standards for Parcels B and C; by revising development commitments; by revising deviations; by revising the master plan; by revising the legal description, for property located near 9300 Marino Circle, on the east side of Collier Boulevard (C.R. 951) approximately 2 miles north of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collier County, Florida; by repealing Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD; and by providing an effective date. [PL20210001766] (District 1)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Ordinance 2022-39Yes Yes Yes Yes -YesItem #17D - Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulationsfor 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 the Rural Agricultural (A) Zoning District and Planned Unit Development (PUD) Zoning District known as Waterford Estates PUD to a Residential Planned Unit Development (RPUD) for the project to be known as Santa Barbara - Whitaker RPUD, to allow construction of up to 216 multi-family dwelling units with an affordable housing agreement on property located at the northeast and southeast cornersof the intersection of Santa Barbara Boulevard and Whitaker Road in Sections 9 and 16, Township 50 South, Range 26 East, consisting of 21.57± acres; providing for repeal of Ordinance Number 91-31, the Waterford Estates Planned Unit Development; and by providing an effective date. [PL20210003155] (District 1) MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Ordinance 2022-40Yes Yes Yes Yes -YesItem #17E - Recommendation to adopt an Ordinance amending Ordinance 97-82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include approximately 62 acres. (District 4)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Ordinance 2022-41Yes Yes Yes Yes -YesItem #17F - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts) MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Resolution 2022-174Yes Yes Yes Yes -YesItem #17G - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts)MOTION to Approve by Commissioner Solis; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Resolution 2022-175Yes Yes Yes Yes -YesItem #17H - This Item has been Continued to the November 8, 2022, BCC Meeting. 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, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that changes the distance of the mailed written public notice requirement for variance applications from 1 mile to 1,000 feet for all Estates (E) zoned properties located in the Rural and Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan, 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 Ten Application, Review, and Decision-Making Procedures, including section 10.03.05 - Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220004350] (All Districts)This Item has been Continued to the November 8, 2022, BCC Meeting.-----