09/27/2022SEPTEMBER 27, 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 approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved and/or adopted with changes 5/0Yes Yes Yes Yes Yes YesItem #5A - Update on the Status of Hurricane Ian and its potential impact on Collier County.MOTION by Commissioner Taylor to approval of waiving all Collier Transport Fares, EMS Transportation fees and for the BCC Chairman to institute a Curfew if necessary; Seconded by Commissioner LoCastro – 5/0; County Staff to halt normal working duties to prepare their homes; Providing for the opening of a new appropriation fund for Emergency Services During Hurricane Ian and Providing for Transportation Fee Waivers MOTION by Commissioner Taylor to approve the curfew resolution implemented by the BCC Chairman via the Sheriff if needed; Seconded by Commissioner LoCastro – 5/0; Resolution 2022-157 Resolution 2022-159A through Resolution159__ Yes Yes Yes Yes Yes YesItem #9A - Recommendation to adopt an Ordinance creating the Immokalee Road Rural Village Overlay (IRRVO) by amending Ordinance 89-05, as amended, the Collier County Growth Management plan of the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and map series and Conservation and Coastal Management Element to create the IRRVO, to redesignate 585.13 acres of Rural Fringe Mixed-Use District-Receiving Lands to Sending Lands, of which 578 acres are designated pursuant to the Hussey Settlement agreement, resulting in 210.78± acres of Neutral Lands, 1991.36± acres of Receiving Lands and 585.13± acres of Sending Lands; to allow development either per the Land Development Code or per the IRRVO at a maximum of 4042 dwelling units; if developed per the IRRVO: a minimum of 3,000 dwelling units will be located in the Receiving Lands, a minimum of 25,000 s. f. and a maximum of 125,000 s. f. of civic, institutional, government uses will be allowed in the village center of Receiving Lands, a minimum of 50,000 square feet and a maximum of 250,000 s. f. of commercial uses permitted by right and conditional use in the Commercial Professional and General Office District (C-1) through General Commercial District (C-4) Zoning Districts will be allowed in the village center of Receiving Lands, with all non-residential uses subject to a cap of 375,000 s. f. in the Receiving Lands; and if developed per the IRRVO, to provide for calculation of density and greenbelt and native vegetation requirements; furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 2787.27± acres and located on the east side of Immokalee Road, approximately two miles north of Oil Well Road, in Sections 1 and 2, Township 48 South, Range 27 East, in Sections 25, 35, and 36, Township 47 South, Range 27 East, Collier County, Florida. PL20180002660 (District 5) MOTION by Commissioner Saunders to approve w/four (4) CCPC conditions; Seconded by Commissioner Solis - 5/0Ordinance 2022-35B: Motion by Commissioner Saunders to approve w/four (4) CCPC conditions; Seconded by Commissioner Solis – 5-0Ordinance 2022-35A Ordinance 2022-35BYes Yes Yes Yes Yes YesItem #9B - 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)Continued to the October 11, 2022 BCC Meeting (Per Agenda Change Sheet)-----VOTES
Item #10A - Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501) (Sponsored by Commissioner LoCastro) (District 1)Continued to the October 11, 2022 BCC Meeting (Per Agenda Change Sheet)-----Item #10B - Recommendation to have the Board discuss the proposed US41 East Zoning Overlay impacts upon self-storage facilities along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement the East Naples Community Development Plan, as accepted by the Board in October 2020. (Sponsored by Commissioner LoCastro) (District 1, District 4) Continued to the October 11, 2022 BCC Meeting (Per Agenda Change Sheet)-----Item #10C (ADDED Per Agenda Change Sheet) - Recommendation to appoint Randy Sparrazza as a member to the Collier County Planning Commission, representing Commission District 1.Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - 5/0Resolution 2022-158Yes Yes Yes Yes Yes YesWeather update: MOTION by Commissioner Solis to adjourn due to Hurricane Ian's Changes; Seconded by Commissioner LoCastro - 5/0Yes Yes Yes Yes Yes YesItem #11A - A.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)Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----Item #11B - 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)Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----Item #11C - C.Recommendation to approve the Cycle 11A Conservation Collier Active Acquisition List (AAL) and direct staff to pursue projects recommended within the A-Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). (Summer Araque, Principal Environmental Specialist, Conservation Collier Program) (All Districts) Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----Item #11D - D.Recommendation to approve an interfund transfer for payment from Sports Complex Capital Fund (370) to Wastewater User Fee Capital Fund (414) in the amount $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)Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----Item #11E - E.Recommendation to terminate for convenience of Revenue Generating Agreements 20-7707R and 21-7836, with SSG Recreation Inc., as the concession service provider at Tigertail Beach and Barefoot Beach. (District 1, District 2)Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----
Item #12A - Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2025. (All Districts)Continued to a future BCC Meeting (Due To Hurricane Ian Weather Changes)-----SUMMARY ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY21-22 Adopted Budget. (All Districts) MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved and/or adopted with changes 5/0Resolution 2022-155YES YES YES YES YES YesItem #17B -Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the Fiscal Year 2022-23 Adopted Budget. (All Districts)MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved and/or adopted with changes 5/0Resolution 2022-156Item #17C - Recommendation to approve an Ordinance amending Ordinance Number 18-25, the Mini-Triangle Mixed Use Planned Unit Development, to decrease commercial uses from 200,000 to a maximum of 130,000 square feet with a minimum of 15,000 square feet of office uses and a minimum of 30,000 square feet of other commercial uses; and to increase multi-family dwelling units by 114 units for a maximum of 491 dwelling units, all subject to a traffic cap; and remove movie theatre and bowling center uses; and by amending the master plan. The subject property is located near the southern corner of the intersection of Davis Boulevard and Tamiami Trail East, west of Commercial Drive in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 5.35± acres; and by providing an effective date. (Companion item to PL20210001101, 17D) [PL20210001100] (District 4) MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved and/or adopted with changes 5/0Ordinance 2022-36YES YES YES YES YES YesItem #17D - D.Recommendation to approve an Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element by amending the Mini-Triangle Mixed Use Sub-district of the urban mixed use district to decrease commercial uses from 200,000 to 130,000 and to increase multi-family dwelling units by 114 units for a maximum of 491 dwelling units, all subject to a traffic cap; and remove movie theatre and bowling center uses. The subject property is located near the southern corner of the intersection of Davis Boulevard and Tamiami Trail East, west of Commercial Drive in section 11, township 50 south, range 25 east, consisting of 5.35± acres; and furthermore, recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (Companion item PL20210001100, 17C) [PL20210001101] (District 4)MOTION to approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved and/or adopted with changes 5/0Ordinance 2022-37YES YES YES YES YES Yes