09/24/2024September 24, 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.)Item #16B6 continued to future meeting, Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Yes Yes Yes Yes Yes YesItem #2B - August 13, 2024, BCC Meeting MinutesMotion to approve as presented by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #2C - August 27, 2024, BCC Meeting MinutesMotion to approve as presented by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #2D - September 5, 2024, BCC Budget Hearing Minutes Motion to approve as presented by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes Yes Yes Yes YesItem #4A - Proclamation designating October 11, 2024, as Big Cypress National Preserve Day. To be accepted by Tom Forsyth, Big Cypress National Preserve SuperintendentMotion to adopt by Commissioner Saunders; Seconded by Commissioner McDaniel – Adopted 5/0Yes Yes Yes Yes Yes YesItem #4B - Proclamation recognizing 25 years of service and achievements of the Collier County Adult Felony Drug Court. To be accepted by Judge Janeice Martin, Presiding Judge Motion to adopt by Commissioner Saunders; Seconded by Commissioner McDaniel – Adopted 5/0Yes Yes Yes Yes Yes YesAdd-on - Item #5B - Declaration of a Local State of Emergency (All Districts)Proclamation/Resolution 2024-183; Motion to approve byCommissioner McDaniel; Seconded by Commissioner LoCastro –Adopted 5/0Proclamation/Resolution 2024-183;Yes Yes Yes Yes Yes YesItem #5C - Debris RemovalResolution 2024-184: Motion for debris removal by Commissioner McDaniel; Seconded by Commissioner Kowal – Adopted 5/0Resolution 2024-184 Yes Yes Yes Yes Yes YesItem #9A - Recommendation to amend Collier County Growth Management Plan to add the JLM Living East Residential Overlay to allow a maximum density of 305 multi-family dwelling units with affordable housing for property within the Rural Fringe Mixed Use District- Receiving Lands. The subject property is located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of ±37.2 acres. (PL20220003804) (Companion to items #9B & #9F (PL20220003805 and PL20230007642) (Adoption Hearing) Ordinance 2024-41: Motion to adopt with changes by Commissioner Hall; Seconded by Commissioner LoCastro – Adopted 4/1 (Commissioner Saunders opposed)Ordinance 2024-41 Yes No Yes Yes Yes YesItem # 9B - Recommendation to approve a rezoning of real property from a Rural Agricultural (A) zoning district within the Rural Fringe Mixed-Use Overlay-Receiving District and within the Special Treatment Overlay (ST) for the project to be known as JLM Living East RPUD to allow construction of up to 305 multi-family dwelling units with affordable housing on property located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2± acres. (PL20220003805) (Companion to items #9A & 9F (PL20220003804 and Vacation PL20230007642)Ordinance 2024-42: Motion to adopt with changes by Commissioner Hall; Seconded by Commissioner LoCastro – Adopted 4/1 (Commissioner Saunders opposed) Ordinance 2024-42 Yes No Yes Yes Yes YesItem #9C - 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 a communications tower on lands zoned Estates (E) within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan pursuant to section 2.03.01.B.1.c.12 and sections 5.05.09.E.1 and 5.05.09.H of the Collier County Land Development Code on +0.39 acres of a +5.15 acre tract located at 3147 31st Avenue NE (Parcel 40171120002), at the northeast corner of the intersection of NE 31st Avenue and Everglades Boulevard North, in Section 20, Township 48 South, Range 28 East, Collier County, Florida. (CU-PL20220003008)Resolution 2024-187: Motion to adopt as presented by Commissioner McDaniel; Seconded by Commissioner Hall – Adopted 5/0Resolution 2024-187 Yes Yes Yes Yes Yes YesVOTES
Item #9D - Recommendation to approve an Ordinance of the Board of County Commissioners amending the Collier County Growth Management Plan to create the Mattson at Vanderbilt Residential Subdistrict to allow a maximum density of 150 multifamily rental units with affordable housing. The subject property is located on the north side of Vanderbilt Beach Road, approximately 825 feet from the intersection of Vanderbilt Beach Road and Livingston Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of5.88± acres. (PL20220001010) (Companion to item #9E (PL20220001011)This Item was continued from the January 23, 2024, BCC Meeting tothe September 24, 2024, BCC Meeting and further continued to the October 8, 2024, BCC MeetingItem #9E - Recommendation to approve an ordinance for the property from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Mattson at Vanderbilt RPUD, to allow construction of up to 150 multi-family rental units with affordable housing on property located on the north side of Vanderbilt Beach Road, approximately 825 feet from the intersection of Vanderbilt Beach Road and Livingston Road, in Section 31, Township 48 South, Range 26 East,consisting of 5.88± acres. (PL20220001011) (Companion to Item #9D (PL20220001010)This Item was continued from the January 23, 2024, BCC Meeting tothe September 24, 2024, BCC Meeting and further continued to the October 8, 2024, BCC MeetingMoved from Item #17A - Item #9F - Recommendation to approve Petition VAC-PL20230007642 to disclaim, renounce, and vacate the County and thePublic interest in the 10-foot-wide public road right-of-way easement overthe westerly 10-feet of Tract A-1, as described in Official Record Book1476, Page 242, of the Public Records of Collier County, Florida, locatedapproximately 2,000 feet south of Immokalee Road (CR-846) and 1,000 feetwest of Richards Street in Section 25, Township 48 South, Range 26 East,Collier County, Florida. (PL20230007642) (Companion to Items #9A,#9B & #9F (PL20220003804 and PL20220003805)Resolution 2024-188; Motion to adopt with changes by Commissioner Hall; Seconded by Commissioner LoCastro – Adopted 4/1 (Commissioner Saunders opposed)Resolution 2024-188 Yes No Yes Yes Yes YesItem #10A - Recommendation that the Board approves the proposed Interlocal Agreement and By-Laws of the Southwest Florida Regional Planning Council. (William L. McDaniel, Commissioner District 5)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #11A - Recommendation to approve the fall truck haul beach renourishment project and authorize tourist development tax expenditures for the Park Shore Beach scheduled for November 2024 with an estimated project cost of $7,506,100.00; and make a finding that this item promotes tourism (Project No. 90067). (Andrew Miller, Manager - Coastal Management Program)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal– Approved 5/0Yes Yes Yes Yes Yes YesItem #11B - Recommendation to receive additional information regarding intersection safety and countermeasures that may assist in reducing red light running. (Trinity Scott, Department Head - Transportation Management Services Department) Commissioner Saunders request)Motion for Transportation Staff to prepare a budget request for the blue lights at different intersections, come back with how many lights in conjunction with the Sheriff’s Department. Sheriff to come back when he has the information he needs in terms of staffing and resources to help these intersections become safer, direct Productivity Committee to evaluate the cost and benefits of red-light cameras and come back over a reasonable period to let us know what other communities are doing with red light cameras by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesItem #11C - Recommendation to direct the County Attorney to advertise and bring back for a public hearing an amendment to Ordinance 2023-71 to removeroadways that are no longer unpaved, add unpaved private roadways, andestablish an opt out provision. (Trinity Scott, Department Head –Transportation Management Services Department)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #11D - Recommendation to consider Tourist Development Tax Marketing (Category B) Grant Agreements ($78,000) and Non-County Owned/Operated Museums (Category C-2) ($672,000), for FY 2024-2025 and provide direction to amend or approve as presented, authorize the Chairman to execute and make a finding that these expenditures promote tourism. (Jay Tusa, Division Director - Tourism) Motion to approve as presented by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 4/1 (Commissioner Hall opposed)No Yes Yes Yes Yes Yes
Item #11E - Recommendation to approve the Third Extension and Amendment to the Sponsorship Agreement between Collier County and Spirit Promotions for the 2026-2032 U.S. Open Pickleball Championships for a total of $1,050,000, approve the expenditure of up to $1,000,000 for capital improvements at ENCP, approve an allocation of up to $40,000 for an infrastructure project study, for a total of $2,090,000, authorize the Chairman to sign the attached Agreement, approve any necessary Budget Amendments, and make a finding that the related expenditure promotes tourism. (Jay Tusa, Division Director - Tourism, James Hanrahan, Interim Division Director - Parks & Recreation) Motion to approve by Commissioner Kowal; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #11F -Recommendation to approve and authorize the Chairman to execute a Lease Agreement between Collier County and Spirit Promotions, LLC, for the East Naples Community Park and Sugden Park for hosting the U.S. Open Pickleball Championships and the U.S. Open Pickleball Academy. (James Hanrahan, Interim Division Director - Parks & Recreation) Motion to approve by Commissioner Kowal; Seconded by Commissioner LoCastro– Approved 5/0Yes Yes Yes Yes Yes YesItem #11G - Recommendation to approve the Fourth Extension and Amendment to Agreement No. 17-7152 “Parks and Recreation Pickleball Concessionaire,” with Pickleball Enterprises LLC, d/b/a Naples Pickleball Center, to providea five-year extension through 2032, clarify agreement terms including publicuse of courts, maintenance responsibilities, and utility costs, and authorizethe Chairman to sign the attached Amendment. (James Hanrahan, InterimDivision Director - Parks & Recreation) Motion to approve by Commissioner Kowal; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesMoved from Item #16A2 - Item #11H - Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with Mark Radel for a 1.14-acre parcel at a cost of $33,060 and Kausil Seepersad for a 1.14-acre parcel at a cost of $24,910, for a total cost not to exceed $61,020 inclusive ofclosing costs. Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes Yes YesMoved from Item #16D5 - Item #11I - Recommendation to approve and authorize the Chairman to sign a Low Income Pool Letter of Agreement with the Agency for HealthCare Administration in the amount not to exceed $1,719,499.44, to participate in the Medicaid Central Receiving Facility Low Income Pool Program, generating $2,295,209 in federal matching funds for the benefit of David Lawrence Mental Health Center to assist in meeting the state required match obligation, and authorize necessary Budget Amendments to the FY25 budget in the amount $303,999.44. (Fiscal Impact $1,719,499.44Motion to approve the funding at what we have budgeted for, $1.5 million by Commissioner Hall, Motion failed with no second. Motion to approve the requested amount by Commissioner Saunders;Seconded by Commissioner LoCastro – Approved 4/1 (Commissioner Hall opposed)No Yes Yes Yes Yes YesItem #12A - Recommendation to appoint one or two members to the Collier County Planning Commission, representing Commission Districts 2 and 4. (Jeff Klatzkow, County Attorney) Resolution 2024-189: Motion to approve the candidate for District 2 by Commissioner Hall; Seconded by Commissioner McDaniel – Adopted 5/0; Commissioner Kowal requested additional time to sit and talk to District 4 Candidates and will have his recommendation at the next meeting.Resolution 2024-189 Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17B - Recommendation to adopt an Ordinance amending the Collier County Land Development Code to allow for the issuance of building permits after the Board of County Commissioners approves a Final Subdivision Plat but before its recordation and to rename the optional Preliminary Plats to Conceptual Plat with Deviations. (PL20240008157) (Companion to Item #16A1) Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Ordinance 2024-35 Yes Yes Yes Yes Yes YesItem #17C - Recommendation to approve Ordinance Number 2021-20 as amended, the BCHD 1 Commercial Planned Unit Development (CPUD), by increasing the maximum commercial gross floor area from 100,000 to 130,000 square feet with no change to the indoor self-storage floor area and adding indoor golf cart retail sales as a permitted use. The property is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road, in Section 22, Township 48 South, Range 27 East, with the entire PUD consisting of 21.82± acres. (PL200230017803) (Companion to Item #17D (PL20230018187)Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Ordinance 2024-36 Yes Yes Yes Yes Yes YesVOTES
Item #17D - Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the rural Golden Gate Estates sub-element of the Golden Gate area master plan element to revise the Immokalee Road –Estates Commercial Subdistrict to increase the maximum commercial gross floor area from 100,000 to 130,000 square feet with no change to the indoor self-storage floor area and to add indoor golf cart retail sales as a permitted use; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Commerce; providing for severability and providing for an effective date. The subject property, consisting of ±21.82 acres, is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road, in section 22, Township 48 South, Range 27 East, Collier County, Florida. (PL20230018187) (Companion to Item #17C (PL200230017803)Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0OOrdinance 2024-37 Yes Yes Yes Yes Yes YesItem #17E - Recommendation to approve an Ordinance amending Ordinance No. 2022-13, as amended, the Golden Gate Golf Course Mixed-Use Planned Unit Development (MPUD) to remove the Public Use Tract and increase the acreage of the Community Facility Tract; to add adult day care/health care as an accessory use; and add deviations relating to the Greenway and golf pro shop. The subject property, consisting of 171.6+/- acres, is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida. (PL20230002800) Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Ordinance 2024-38 Yes Yes Yes Yes Yes YesItem #17F - Recommendation to approve Petition VAC-PL20240006584, to disclaim, renounce, and vacate the County and the public interest in the six-foot drainage easement located along the border between Lots 42 and 43 of Avondale Estate, as recorded in Plat Book 4, Page 45 of the Public Records of Collier County, Florida, located approximately 400 feet south of Davis Blvd., and 800 feet east of Commercial Drive, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Resolution 2024-180 Yes Yes Yes Yes Yes YesItem #17G - Recommendation to adopt an Ordinance amending Article IV, Section 22 -110, “Excavation Review Procedures,” of the Code of Laws and Ordinances of Collier County to allow staff to administratively approve limited excavation removal as part of a Development Excavation permit. Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Ordinance 2024-39 Yes Yes Yes Yes Yes YesItem #17H - Recommendation to adopt an Ordinance amending Ordinance 2023-64, which adopted the Florida Building Code, Eighth Edition (2023), by adding certain amendments. Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Ordinance 2024-40 Yes Yes Yes Yes Yes YesItem #17I - Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2024-25 Adopted Budget. Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Resolution 2024-181 Yes Yes Yes Yes Yes YesItem #17J - Recommendation to adopt a Resolution approving amendments(appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) Motion to approve and/or adopt by Commissioner Kowal; Seconded by Commissioner Saunders – Approved and/or Adopted - 5/0Resolution 2024-182 Yes Yes Yes Yes Yes Yes