01/14/2025Januaryr 14, 2025 - 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.)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0 (Motion to move Add-on item #10B to the January 28, 2025, meeting by Commissioner Hall; Seconded by Commissioner McDaniel then later withdrawn by Commissioner Hall) Yes Yes Yes Yes Yes YesItem #2B - December 10, 2024, BCC Meeting MinutesMotion to approve as presented by Commissioner Hall; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes Yes YesAdded - Appointing Chairman and Vice ChairmanMotion to appoint Commissioner Saunders as Chairman and Commissioner Kowal as Vice ChairmanYes Yes Yes Yes Yes YesItem #2C - Recommendation that the Board authorize the new Chair for both the Board of County Commissioners and the Community Redevelopment Agency and to execute all documents approved at both this meeting and those documents which were previously approved but are pending signature. Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 4/0 (Commissioner Hall absent) - Yes Yes Yes Yes YesItem #4A - Proclamation designating January 20, 2025, as a day to remember and celebrate Rev. Dr. Martin Luther King Jr.'s dream. To be accepted by Diann Keeys, Parade Chair.Motion to adopt by Commissioner McDaniel; Seconded by Commissioner Kowal – Adopted 4/0 (Commissioner Hall absent)- Yes Yes Yes Yes YesItem #4B - Proclamation designating January 17, 2025, as Rev. Dr. Martin Luther King Jr. Prayer Breakfast Day. To be accepted by Bishop Ric L. Neal and Wynn Watkins. Motion to adopt by Commissioner McDaniel; Seconded by Commissioner Kowal – Adopted 4/0 (Commissioner Hall absent)- Yes Yes Yes Yes YesItem #4C - Proclamation designating January 2025 as Human Trafficking Prevention Month in Collier County. To be accepted by Linda Oberhaus, Chief Executive Officer of The Shelter for Abused Women & ChildrenMotion to adopt by Commissioner McDaniel; Seconded by Commissioner Kowal – Adopted 4/0 (Commissioner Hall absent)- Yes Yes Yes Yes YesItem #9A - Recommendation to adopt an Ordinance amending the Collier County Land Development Code to establish provisions for Permanent Mobile Food Dispensing Vehicles. (First of two hearings)Motion to approve w/changes for second reading of Ordinance by Commissioner McDaniel; Seconded by Commissioner LoCastro –Approved - 4/0 (Commissioner Hall absent)- No Yes Yes Yes YesAdded - Allowing Commissioner Hall to attend RemotelyMotion approving Commissioner Hall to attend remotely by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved 4/0- Yes Yes Yes Yes YesItem # 9B - Recommendation to approve an Ordinance of The Board Of County Commissioners amending Ordinance 89-05, as amended, of the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Maps to change the land use designation of the property from Urban, Mixed Use District, Urban Coastal Fringe Subdistrict to Urban Commercial District, 5396 Myrtle Lane Commercial Subdistrict to allow the development of up to 200,000 square feet of gross floor area of indoor self-storage/warehouse and up to 3,000 square feet of gross floor area of other commercial uses, and furthermore directing transmittal of the adoption amendment to The Florida Department of Commerce. The subject property is located on the southwest quadrant of Tamiami Trail East and Myrtle Lane, In Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±8.24 Acres. [GMPA - PL20230016211] (Companion to items #9C and #9D) Ordinance 2025-01: Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Ordinance 2025-01 Yes Yes Yes Yes Yes YesItem #9C -Recommendation to approve an Ordinance rezoning property from the Myrtle Woods Commercial Planned Unit Development (CPUD) and RMF-6 zoning districts to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as 5396 Myrtle Lane Commercial Planned Unit Development (CPUD), to allow development of up to 200,000 square feet of gross floor area of indoor self-storage/warehousing and up to 3,000 square feet of gross floor area of other commercial uses on property located on the southwest quadrant of Tamiami Trail East and Myrtle Lane in Section 29, Township 50 South, Range 26 East, Collier County, Florida consisting of 8.24+/- acres; (Companion to items #9B and #9D)Ordinance 2025-02: Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Ordinance 2025-02 Yes Yes Yes Yes Yes YesVOTES
Item #9D - Recommendation to approve Petition VAC-PL20240005670 to disclaim, renounce and vacate the County and the public interest in the 20-foot drainage and utility easement located along the southwesterly border of Lots 24 through 28, Block “A” of Unit No. 1, Myrtle Cove Acres, as recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida, located in the southeasterly quadrant of U.S. 41 and Myrtle Lane, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, and to accept Petitioner’s grant of a 15-foot wide by 520-foot long drainage easement to replace the vacated drainage easement. (Companion to items #9B and #9C)Resolution 2025-020: Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 5/0 Resolution 2025-020 Yes Yes Yes Yes Yes YesItem #9E - Recommendation to approve an Ordinance amending the Collier County Growth Management Plan to create the Barefoot Williams Commercial Subdistrict to allow the development of 11,000 square feet of gross floor area of commercial uses, of which a car wash may be 5,000 square feet of gross floor area. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 350 feet east of the intersection of Tamiami Trail and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±1.92 acres. (Companion to item #9F)Ordinance 2025-03: Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 4/1 (Commissioner McDaniel opposed) Ordinance 2025-03 Yes Yes Yes No Yes YesItem #9F -Recommendation to approve an Ordinance rezoning real property from an Intermediate Commercial (C-3) Zoning District to a General Commercial (C-4) Zoning District limited to 11,000 square feet of gross floor area of commercial uses, of which 5,000 square feet of gross floor area may be carwash, with conditions; providing partial repeal of Ordinance No. 00-81 and Resolution No. 12-253. The subject property is located on the south side of Tamiami Trail East, 350 feet east of the intersection of Tamiami Trail and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, consisting of 1.92+/- acres, and by providing an effective date. (Companion to item #9E)Ordinance 2025-04: Motion to approve by Commissioner LoCastro; Seconded by Commissioner Hall – Approved 4/1 (Commissioner McDaniel opposed) Ordinance 2025-04 Yes Yes Yes No Yes YesItem #10A - Recommendation to discuss a Resolution adopted by the Board of Directors of Ave Maria Civic Association opposing certain proposed relocation options for the Naples Airport near the Ave Maria community. (William L. McDaniel, Jr.)Motion to accept by Commissioner McDaniel; Seconded by Commissioner Kowal – Accepted 5/0Yes Yes Yes Yes Yes YesAdd-on Item #10B - Recommendation to approve the Guaranteed Maximum Price (“GMP”) First Amendment to Agreement No. 21-7919-ST, Construction Management at Risk (“CMAR”), with DeAngelis Diamond Construction LLC, for construction services for the Collier County Behavioral Health Center project (formerly the Mental Health Facility) in the amount of $49,856,251, authorize the Chairman to sign the attached amendment, and approve the necessary Budget Amendment. (Fund 3018, Project No. 50239). (Commissioner Saunders Request)Motion to approve by Commissioner LoCastro; Seconded by Commissioner Kowal – Approved 3/2 (Commissioner McDaniel and Commissioner Hall opposed)No Yes Yes No Yes YesItem #11A - Recommendation that the Board receive an update from the Trust for Public Lands (TPL) regarding the Seminole Gulf Rail Line acquisition and direct the County Manager or their designee to 1) Provide $5,000 to TPL for preparation of a grant application for the acquisition of the Seminole Gulf Rail Line; 2) Pledge up to $899,000 toward the local match for the grant; and 3) Work with partner municipalities on a Memorandum of Agreement to formalize cooperation of the entities. (Trinity Scott, Department Head –Transportation Management Services Department)Motion to approve as presented by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0 Yes Yes Yes Yes Yes YesItem #11B - Recommendation to accept an update on the status of Board-directed negotiations with Gargiulo Education Center, Inc., for the purchase of Collier County-owned property located at 16140 and 16144 Performance Way, no longer needed for an EMS station, including information on Gargiulo's consideration of grant funding for property acquisition costs and the construction of a child education center. (Trinity Scott, Department Head - Transportation Management Services Department)Motion to accept update by Commissioner McDaniel; Seconded by Commissioner Saunders– Approved 5/0; Motion to advertise the property for sale and bring back new offers for reconsideration to the Board as soon as possible by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes/Yes Yes/Yes Yes/Yes Yes/Yes Yes/Yes Yes/YesItem #11C - Recommendation to review the Board-directed comparison of various Florida jurisdictions' multifamily parking requirements against those adopted by the County, provide direction to staff regarding policy on parking deviations and administrative parking reductions for multifamily projects, and adjust the adopted parking standard through an amendment to the Land Development Code. (Michael Bosi, Division Director - Planning & Zoning)Motion to direct staff not to allow anymore APR’s (administrative parking reductions) going forward and do studies in the meantime until the October 1st date by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes Yes Yes
Item #11D - Recommendation to award Invitation to Bid (“ITB”) No. 24-8284, “Caxambas Hurricane Ian Permanent Fuel Tank Installation” to Don Wood Inc., in the amount of $667,164.00, approve an Owners Allowance of $123,504.00 for potential unforeseen conditions, and authorize the Chairman to sign the attached Agreement (Project No. 50280). Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #11E - Recommendation to authorize expenditures for the sole source purchase of Prolake/Keeton aerators and related materials from Keeton Industries, Inc., through a waiver from the competitive process in the amount of $250,000 per fiscal year from Keeton Industries, Inc., through Fiscal Year 2029. Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 5/0Yes Yes Yes Yes Yes YesItem #11F - Recommendation to approve an Agreement for Sale and Purchase under the Conservation Collier Land Acquisition Program with Cypress Cove Landkeepers Inc., f/k/a Cypress Cove Conservancy, Inc., for a 10.00-acre parcel at a cost of $648,900, for a total cost not to exceed $653,570 inclusive of closing costs. Motion to approve by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Recommendation to approve a Resolution designating Metro South as a Mixed-Use Project (MUP) in the Gateway Triangle Zoning Overlay District, Commercial Mixed-Use Sub-District (GTZO-MXD), comprising 0.64± acres pursuant to Land Development Code Sec. 2.03.07.N.4; providing for designation as “MUP,” and approving up to a maximum of 8 residential dwelling units, including 7 bonus density units as determined through the SDP process and 3,860 square feet of permitted commercial uses, with one deviation; and providing for conceptual site plan approval, for parcels located south of Tamiami Trail East, approximately 295 feet east of Bayshore Drive. Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0 (Motion to move Add-on item #10B to the January 28, 2025, meeting by Commissioner Hall; Seconded by Commissioner McDaniel then later withdrawn by Commissioner Hall) Resolution 2025-017 Yes Yes Yes Yes Yes YesItem #17B - Recommendation to approve Petition VAC-PL20240002006, to conditionally disclaim, renounce, and vacate a portion of the Trail Boulevard, depicted as an 80-foot right of way adjacent to Lots 25 through 30, Block A, Pine Ridge, as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, Florida, located approximately 200 feet north of Pine Ridge Road (C.R. 896), abutting the east side of Tamiami Trail North (U.S. 41), located in Section 10, Township 49 South, Range 25 East, Collier County, Florida. Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0 (Motion to move Add-on item #10B to the January 28, 2025, meeting by Commissioner Hall; Seconded by Commissioner McDaniel then later withdrawn by Commissioner Hall) Resolution 2025-018 Yes Yes Yes Yes Yes YesItem #17C - 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 Hall; Seconded by Commissioner Kowal – Approved and/or Adopted w/changes 5/0 (Motion to move Add-on item #10B to the January 28, 2025, meeting by Commissioner Hall; Seconded by Commissioner McDaniel then later withdrawn by Commissioner Hall) Resolution 2025-019 Yes Yes Yes Yes Yes YesItem #17D - This item has been continued to the January 28, 2025, BCC Meeting VOTES