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11/12/2024November 12, 2024 - REGULAR MEETING Hall Saunders Kowal McDaniel LoCastro Passed Failed AGENDA ITEM MOTION Ordinance/Resolution CLERK TRACKING Added - Motion to allow Commissioner McDaniel to participate remotely Motion to allow Commissioner McDaniel to participate remotely by Commissioner Saunders; Seconded by Commissioner Hall– Approved – 4/0 Yes Yes Yes - Yes Yes Item #2A - Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Yes Yes Yes Yes Yes Yes Item #2B - September 24, 2024 BCC Minutes Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Adopted 5/0 Yes Yes Yes Yes Yes Yes Item #2C - C.October 7, 2024, Emergency BCC Meeting Minutes Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Adopted 5/0 Yes Yes Yes Yes Yes Yes Item #4A Proclamation designating December 2024 as VFW Auxiliary Post 7721 Month in Collier County. To be accepted by Betty A. Bailey, President, VFW Auxiliary Post 7721. Motion to approve as presented by Commissioner Hall; Seconded by Commissioner Saunders – Approved 5/0 Yes Yes Yes Yes Yes Yes Item #4B Proclamation recognizing November as Veterans Appreciation Month. To be accepted by members of the United States Armed Forces, past and present. Motion to approve as presented by Commissioner Hall; Seconded by Commissioner Saunders – Approved 5/0 Yes Yes Yes Yes Yes Yes Item #4C Proclamation designating November 17 - 23, 2024, as International Fraud Awareness Week in Collier County. To be accepted by Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller. Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders– Adopted 5/0 Yes Yes Yes Yes Yes Yes Item #6A Public Petition by Mitch Hutchcraft seeking Board support to create the Corkscrew Grove Stewardship District Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal– Adopted 5/0 Yes Yes Yes Yes Yes Yes Item #10A Recommendation that the Board of County Commissioners of Collier County, Florida, adopt the proposed Resolution expressing the Board’s strong support for legislation mandating the use of hands-free devices while driving, and urges the Florida State Legislature to pass such legislation to enhance road safety and protect lives Motion to approve with getting our lobbyist involved by Commissioner Hall; Seconded by Commissioner Kowal– Adopted – 5/0 Resolution 2024-2024 Yes Yes Yes Yes Yes Yes Item #11A Recommendation to approve an enhanced FY 2025 marketing funding request totaling an amount not to exceed $5,457,500, that utilizes both disaster reserve funds up to $390,000 from TDC Disaster Recovery (Fund 1106) for emergency hurricane recovery marketing and operating reserve funds up to $5,067,500 from TDC Promotion (Fund 1101) for enhanced tourism marketing efforts to remain competitive; authorize any necessary Budget Amendments; and make a finding that this action promotes tourism. (Jay Tusa, Division Director - Tourism) Motion to approve $390,000 use by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved – 5/0 Motion to approve $5,067,500 use by Commissioner LoCastro; Seconded by Commissioner Hall – Approved – 5/0 Yes Yes Yes Yes Yes Yes Item #11B Recommendation to approve: 1) Collier County Standard Form Long- Term Lease (Not for Profit) with Warriors Homes of Collier, Inc., a veterans housing organization, for the use of two vacant County-owned homes at 1973 and 2015 Bay Street and 2) in accordance with Section 125.38, Florida Statutes, a resolution finding the property is not needed for County purposes. (Trinity Scott, Department Head - Transportation Management Services Department) Motion to approve with some lease changes by Commissioner LoCastro; Seconded by Commissioner Hall– Adopted – 5/0 Resolution 2024-225 Yes Yes Yes Yes Yes Yes VOTES Item #11C Recommendation to award Construction Invitation to Bid No. 24-8217R, “Collier County Government Operations Business Park–Sheriff Forensics & CID Buildings,” to Rycon Construction, Inc., in the amount of $51,935,473.50, with an Owner’s Allowance of $4,000,000 for potential unforeseen conditions, and authorize the Chairman to sign the attached Agreement and approve the necessary Budget Amendments. (Brian Delony, Supervisor - Project Management (Licensed)) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Adopted 5/0 Yes Yes Yes Yes Yes Yes Moved from Item #16E2 (Per Agenda Change Sheet) Recommendation to accept the highest bid of $1,310,000 cash with no contingencies from Up In Smoke, LLC, pursuant to Section 125.35, Florida Statutes, for property owned by the County located at 16140 and 16144 Performance Way (“Property”) and authorize the County Manager or designee to negotiate a contract for presentation to the Board at a future meeting. Motion to work out fair terms with Gargiulo Education Center for community benefit by Commissioner Hall; Seconded by Commissioner LoCastro – Approved – 5/0 Yes Yes Yes Yes Yes Yes Item #16B3 Recommendation to approve a Resolution authorizing the Chairman to execute a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) FPN# 452749-1-84-03 in the amount of $491,530 providing for State funding for eligible Collier County fixed-route transit administrative, management, and operational expenses on the US 41 corridor, and approve the necessary Budget Amendment. (CAT Grant Fund 4031) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-210 Yes Yes Yes Yes Yes Yes Item #16B13 Recommendation to approve a Resolution clarifying conditions and obligations related to certain construction improvements made by WPPI Naples TF, LLC, in the Tree Farm PUD as part of a developer agreement Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-211 Yes Yes Yes Yes Yes Yes Item #16C9 Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water-Sewer District, approve a Resolution amending Exhibit A of Resolution 2023-135 to add Golden Gate Wastewater Treatment Plant Expansion and potential property purchases as potential projects for Commercial Paper Loan use in addition to constructing the North Collier Water Reclamation Facility (NCWRF) Pretreatment Facility and continuation of Public Utility Renewal projects; Resolution 2023-135 authorized the Collier County Water-Sewer District (“District”) to borrow an amount not to exceed $50,000,000 under the Florida Local Government Finance Commission’s Pooled Commercial Paper Loan Program; this Loan is secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement and as provided in the Resolution approving such Loan. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-212 Yes Yes Yes Yes Yes Yes Item #16F13 Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2024-25 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 by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-213 Yes Yes Yes Yes Yes Yes Item #16K1 Recommendation to appoint three members to the Affordable Housing Advisory Committee Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-214 Yes Yes Yes Yes Yes Yes Item #16K2 Recommendation to reappoint William Harris to the Vanderbilt Beach Beautification MSTU Advisory Committee. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-215 Yes Yes Yes Yes Yes Yes Item #16K4 Recommendation to appoint Jennifer Cassidy to the Contractors Licensing Board. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-216 Yes Yes Yes Yes Yes Yes Item #16K5 Recommendation to appoint Darrin Palumbo to the Tourist Development Council Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Adopted 5/0 Resolution 2024-217 Yes Yes Yes Yes Yes Yes Item #16K6 ecommendation to appoint Joe Meek as a member of the Health Planning Council of Southwest Florida Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-218 Yes Yes Yes Yes Yes Yes Item #16K7 Recommendation to appoint William Conley and reappoint Christopher Byrne to the Collier County Citizen Corps. Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-219 Yes Yes Yes Yes Yes Yes SUMMARY ITEM MOTION Ordinance/Resolution CLERK TRACKING Item #17A Recommendation to adopt an ordinance amending The Future Land Use Element of the Growth Management Plan to add the Tollgate Housing Parcel to Activity Center #9 to allow construction of 110 multi-family rental units with affordable housing on 5 acres of land. The subject property is located on the east side of Collier Boulevard, North of Beck Boulevard at 3880 Tollgate Boulevard in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (PL20230007876) (Companion Item PUDA PL20230007874, Tollgate Commercial Center and DOA PL20230007875, Toll Gate Commercial Center DRI) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Ordinance 2024-46 Yes Yes Yes Yes Yes Yes Item #17B This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Tollgate Commercial Center PUD to allow development of 110 multi-family rental units with affordable housing on Parcel 11 of the Commercial Areas. The subject property is located on the east side of Collier Boulevard, north of Beck Boulevard at 3880 Tollgate Boulevard in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Companion to GMPA-PL20230007876 and DOA-PL20230007875) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Ordinance 2024-47 Yes Yes Yes Yes Yes Yes VOTES Item #17C This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution amending Development Order 84- 1, as amended, for the Toll Gate Commercial Center Development of Regional Impact to allow development of 110 multi-family rental units with affordable housing on Parcel 11 of the Commercial Areas as shown on the Master Development Plan and extending the expiration date and buildout date to August 1, 2030. The subject property, consisting of 5 acres, is located on the east side of Collier Boulevard, north of Beck Boulevard at 3880 Tollgate Boulevard in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (This is a companion item to PUDA- PL20230007874 & GMPA-PL20230007876) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-220 Yes Yes Yes Yes Yes Yes Item #17D Recommendation to adopt a Resolution scheduling a public hearing to consider vacating the County and the public interest in a portion of Hickory Wood Drive, depicted as a 60-foot right-of-way easement labeled 5TH. AVE. N.W. between Lots 11 and 12, Golden Gate Estates, Unit No. 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, located approximately one-half mile south of Vanderbilt Beach Road, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (VAC-PL20220004451) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-221 Yes Yes Yes Yes Yes Yes Item #17E Recommendation to approve a Resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Lands Stewardship Area Overlay and specifically amending the Rural Lands Stewardship Area Overlay of the Future Land Use Element, to eliminate the cap on the size of a town and include qualified target industries as a goods and services use, and furthermore directing transmittal of the amendments to the Florida Department of Commerce Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Resolution 2024-222 Yes Yes Yes Yes Yes Yes Item #17F Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2024-25 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 by Commissioner Kowal; Seconded by Commissioner Hall – Adopted 5/0 Resolution 2024-223 Yes Yes Yes Yes Yes Yes Item #17H - H.Recommendation to adopt an ordinance amending Ordinance 2022- 42, as amended, which established Milestone Inspections, establishing a mandatory inspection of aging condominium and cooperative buildings in unincorporated Collier County to reflect changes in state law Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Adopted 5/0 Ordinance 2024-48 Yes Yes Yes Yes Yes Yes