09/10/2024September 10, 2024 - REGULAR MEETINGHall Saunders Kowal McDaniel LoCastro Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.)Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Yes Yes Yes Yes Yes YesItem #4A - Proclamation designating September 22, 2024, as Falls Prevention Awareness Day in Collier County. To be accepted by Dr. Maria Alfaro, Trauma Medical Director. Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro - Approved – 5/0Yes Yes Yes Yes Yes YesItem #4B - Proclamation designating September 2024 as Hunger Action Month in Collier County. To be accepted by Richard LeBer, President & CEO. Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved – 5/0Yes Yes Yes Yes Yes YesItem #4C - Proclamation designating September 13, 2024, as YMCA Safety Around Water Day in Collier County. To be accepted by Lucinda Love-Abounader, President and CEO of the YMCA of Collier County. Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved – 5/0 Yes Yes Yes Yes Yes YesItem #10A - Recommendation to adopt the attached Resolution in opposition to Amendment 3 titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize recreational marijuana in Florida. (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders – Approved 5/0Resolution 2024-169 Yes Yes Yes Yes Yes Yes(Added) Item #10B - Recommendation to consider the request from 7th Ave NW residents for additional site development requirements relative to Mason Classic Academy charter school. (Commissioner Saunders’ Request) Motion to continue this Item to the next BCC meeting by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes Yes(Added) Item #10C - Discussion regarding intersection safety and countermeasures that may assist to reduce red-light running. (Commissioner Saunders’ Request)Motion to continue this Item to the next BCC meeting with subjections on how to improve the safety of intersections and traffic controls and provide staff resources for operations by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes Yes(Added ) Item #10D - Recommendation to direct the County Attorney, working with staff, to take legal action as necessary, including filing a lawsuit or code enforcement case, with respect to an owner of two dogs who she lets run free around the neighborhood. (Commissioner Saunders’ Request) Motion to direct the CAO to enforce these liens, increase these liens in the Ordinance rewrite, and increase any fines through the Special Magistrate that can be levied in this case by Commissioner Saunders; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes Yes YesItem #11A - Recommendation to approve award of Request for Professional Services No. 23-8071, “Design Services for Bridges within the Golden Gate Estates” with AtkinRealis USA, Inc., in the amount of $5,389,565.01, and authorize the Chairman to sign the attached Professional Services Agreement (Project 60212). (Jay Ahmad, TECM Director) (District 5) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes Yes YesItem # 11B - Recommendation to direct the County Attorney, working with staff, to take legal action, as necessary, including filing a lawsuit or code enforcement case with respect to the painting on the Ascent Naples building to ensure compliance with County codes, located at 1950 Mayfair Street, near the intersection of Davis Boulevard and Tamiami Trail East, within the Bayshore/Gateway Triangle CRA. (Amy Patterson, County Manager and Jeffrey A. Klatzkow, County Attorney) (District 4) (Commissioner Kowal’s request)Continued to a future BCC Meeting Item #11C - (Moved from Item #16B1) Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to remove roadways that are now in a passable condition, add roadways that have since been deemed impassable by the independent fire districts and remove the 1.0000 mil cap of the ad valorem millage rate. (Commissioner McDaniels’ Request)Motion to continue this Item to the next BCC meeting by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesItem #11D - (Moved from Item #16D1) This Item continued from the August 13, 2024, BCC Meeting. Recommendation to authorize an exemption from the competitive process for purchases from OCLC, Inc., for the acquisition of subscription services to cloudLibrary™ and interlibrary loan services in an amount not to exceed $600,000 per Fiscal Year, as budgeted, through FY 2025. (Commissioner Hall’s Request)Motion to extend services for one more year by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes Yes YesVOTES
Item #11E - (Moved from Item #16D2) This Item continued from the August 13, 2024, BCC Meeting. Recommendation to authorize an exemption from the competitive process for a subscription to the Hoopla digital service from Midwest Tape, LLC., for Library patron use, effective October 1, 2024, through September 30, 2025, in an amount not to exceed $400,000 per Fiscal Year. (Commissioner Hall’s Request)Motion to extend services for one more year by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Yes Yes No Yes Yes YesItem #12A - (Moved from Item #16K3) Recommendation to authorize a representative of the County Attorney’s Office to bid on behalf of the County at one code enforcement lien foreclosure sale scheduled by the Clerk in COLLIER COUNTY, FLORIDA v. LEE VERN LAMBERT, et al, Circuit Court Case No. 23-CA-3392, in an amount not to exceed the value of the County’s foreclosed lien interest (approximately $235,029.65). (Commissioner McDaniels’ Request)Motion to continue this Item to the next BCC meeting by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #14B1 - (Moved from Item #16L2) Recommendation that the Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), authorize four members of the Bayshore Gateway Triangle Local Redevelopment Advisory Board, one member of the Bayshore Beautification Municipal Service Taxing Unit Advisory Committee, four members of the Immokalee Local Redevelopment Advisory Board, and one member of the Immokalee Beautification Municipal Service Taxing Unit Advisory Committee to attend the Florida Redevelopment Association 2024 Annual Conference; authorize payment of the associated registration, lodging, travel and per diem costs from the CRA Trust Funds (Funds 1020/1025); and declare the training received by the Board members as serving a valid public purpose. (Commissioner McDaniels’ Request)Motion to approved by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls, and adopting same as the non-ad valorem assessment rolls for the purpose of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, the City of Marco Island, and the City of Everglades City, pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $36,088,800. (All Districts)Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Resolution 2024-166 Resolution 2024-167Yes Yes Yes Yes Yes YesItem #17B - This Item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Elanto at Naples RPUD to allow up to 309 horizontal multifamily dwelling units, subject to an Affordable Housing Density Bonus Agreement to provide 10% of the units (31 units) for households earning up to and including 50% of the County’s Area Median Income (AMI), on 51.83± acres of property located approximately 0.25 miles east of Greenway Road on the north side of Tamiami Trail East, within Section 18, Township 51 South, Range 27 East, Collier County, Florida. (PL20220005665) (District 1) Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Ordinance 2024-31 Yes Yes Yes Yes Yes YesItem #17C - Recommendation to adopt the Consolidated Waterways and Beaches Ordinance that repeals, consolidates, and supersedes existing ordinances relating to the regulation of and conduct on Collier County waterways and beaches. (All Districts) Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Ordinance 2024-32 Yes Yes Yes Yes Yes YesItem #17D - This Item requires the Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the Immokalee One-Stop MPUD to allow construction of a maximum of 40,000 s.f. of gross floor area of limited commercial land uses and up to 61 multi-family residential dwelling units on 3.84± acres of property located at 750 S. 5th Street, Immokalee, on the east side of the intersection of Stokes Ave and S. 5th Street, in Section 9, Township 47 South, Range 29 East; and by providing an effective date. [PL20230017241] (District 5) Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Ordinance 2024-33 Yes Yes Yes Yes Yes YesVOTES
Item #17E - Recommendation to approve a Resolution amending the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to staff-initiated reformatting and specifically amending the Future Land Use Element and maps; the Golden Gate City Sub-Element of the Golden Gate Area Master Plan Element and maps; the Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element and maps; the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element and maps; the Immokalee Area Master Plan Element and maps; the Conservation and Coastal Management Element; the Potable Water Sub-Element of the Public Facilities Element; and the Wastewater Treatment Sub-Element of the Public Facilities Element; and furthermore directing transmittal of the amendments to the Florida Department of Commerce. PL20230017521 - Growth Management Plan Clean-up Changes GMPA (All Districts) Commissioner Kowal recused himself on Item #16A9,Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0Resolution 2024-168 Yes Yes Yes Yes Yes Yes