09/13/2022SEPTEMBER 13, 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 by Commissioner Saunders to continue Item #11F (#16C4) to the November 8, 2022, BCC Meeting; Seconded by Commissioner Taylor – Approved 5/0; MOTION by Commissioner Saunders to Approve and or adopted w/changes; Seconded by Commissioner Taylor – 5/0 Yes Yes Yes Yes Yes YesItem #2B - Approval of the June 14, 2022, BCC Meeting MinutesMOTION to approve as presented by Commissioner Saunders; Seconded by Commissioner Taylor - Approved 5/0Yes Yes Yes Yes Yes YesItem #2C - Approval of the June 28, 2022, BCC Meeting MinutesMOTION to approve as presented by Commissioner Saunders; Seconded by Commissioner Taylor - Approved 5/0Yes Yes Yes Yes Yes YesItem #2D - Approval of the July 12, 2022, BCC Meeting MinutesMOTION to approve as presented by Commissioner Saunders; Seconded by Commissioner Taylor - Approved 5/0Yes Yes Yes Yes Yes YesItem #9A - Recommendation to approve an Ordinance amending Ordinance No. 92-15, as amended, Lely, a Resort Community Planned Unit Development (PUD), by allowing the 9+/- acre C-3 parcel at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive to have C-3 or residential development limited to 184 dwelling units. The subject PUD consists of 2,892 acres located between U.S. 41 and Rattlesnake-Hammock Road, west of Collier Blvd. (CR 951), in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East, Collier County, Florida; and by providing an effective date. (District 1) MOTION by Commissioner LoCastro to approve w/stipulations; Seconded by Commissioner McDaniel – Adopted 5/0Ordinance 2022-33Yes Yes Yes Yes Yes YesItem #9B - (Moved from Item #17A) This Item continued from the July 21, 2022, BCC Meeting. Recommendation to amend Ordinance No. 75-16, as amended, to authorize the Chairman to better deal with disorderly persons, including requesting law enforcement officers remove disorderly persons when conduct interferes with orderly progression of meetings. (All Districts)MOTION by Commissioner Solis to approve; Seconded by Commissioner Taylor – Adopted 5/0Resolution 2022-34Yes Yes Yes Yes Yes YesItem #10A - Recommendation to have the Board discuss implementing a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or doncitional use along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, until Growth Management Plan and Land Development Code amendment implementing the East Naples Communty Development Plan are adopted. (Sponsored by Commissioner LoCastro) (District 1, District 4)MOTION by Commissioner LoCastro for staff to bring back a detailed report at the September 27, 2022, BCC Meeting; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes Yes YesItem #10B - (Added:Per Agenda Change Sheet) Recmmendation to approve a Resolution authorizing the formation of "Friends of the Collier Count Veterans Nursing Home: for the purpose of soliciting and receiving funding for developing ansillary services generally not provided within a state operated facility at the future Collier County Veterans Nursing Home. (All Districts) MOTION by Commissioner Saunders to approve; Seconded by Commissioner LoCastro – Adopted 5/0Resolution 2022-141Yes Yes Yes Yes Yes YesItem #10C (Moved from Item 16H3: Per Agenda Change Sheet) Recommendation to direct staff to amend the LDC and Administrative Code to require mailed notice to abutting residential property owners when a petition for Site Development Plan or Site Development Plan amendment is filed for commercial property. (All Districts)MOTION by Commissioner Taylor for staff to come back with options at the September 27, 2022, BCC Meeting; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes Yes YesVOTES
Item #10D - (Added: Per Agenda Change Sheet) Request the Board to appeal the Hearing Exminer's decisionin 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 Section4.3.A of the Wentworth Estates Miced Use Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501)MOTION by Commissioner LoCastro to bring back to the September 27, 2022 BCC Meeting; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesItem #11A - Recommendation to approve an agreement for the purchase of six tracts of land (Parcels 114FEE, 115FEE, 116FEE, 117FEE, 118FEE, and 119FEE) required for construction of the Lake Park Flow Way (Project 60246). Estimated Fiscal Impact: $1,857,500. The source of funds is stormwater bonds. (Beth Johnssen, Director, Capital Project Planning, Impact Fees & Program Management) (All Districts)MOTION by Commissioner Taylor to approve; Seconded by Commissioner McDaniel - Approved 5/0Yes Yes Yes Yes Yes YesItem #11B - Recommendation to approve an Agreement for Sale and Purchase with John G. Vega, as Trustee of the Irrevocable Trust for the benefit of the children of F. Desmond Hussey, III, dated June 20, 2011; Francis D. Hussey, Jr., deceased, and Mary Pat Hussey, husband and wife; Sean Meade Hussey, Trustee, and HHH Investments Limited Partnership, a foreign limited partnership, for approximately 256 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,091,000, and to approve as a condition of purchase by Conservation Collier, the right of the County to later purchase a portion of the property for future right-of-way for the Wilson Blvd.-Benfield Road Extension, if and when needed, at the per-acre original acquisition cost, to be paid directly to Conservation Collier. (Summer Araque, Principal Environmental Specialist, Parks and Recreation Division) (District 5) MOTION by Commissioner Taylor to approve; Seconded by LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesItem #11C - Recommendation to award Invitation to Bid (ITB) No. 22-7981, North County Regional Water Treatment Plant Storage Building (Project No. 70136), to OneSource Construction Company & Builders, Inc., in the amount of $1,242,797, and to authorize the Chairman to sign the attached Agreement. (Matthew McLean, Public Utilities Engineering Division Director) (District 3) MOTION by Commissioner McDaniel to approve; Seconded by Commissioner Solis - Approved 5/0Yes Yes Yes Yes Yes YesItem #11D - (Moved from Item #16C5) Recommendation to award Construction Invitation to Bid (“ITB”) No. 22-7959R, “Collier County Jail Laundry Renovation,” to OneSource Construction Company & Builders, Inc., in the amount of $2,094,550 and authorize the Chairman to sign the attached Agreement. (District 1)MOTION by Commissioner Taylor to approve; Seconded by Commissioner Saunders - Approved 5/0Yes Yes Yes Yes Yes YesItem #11E - (Moved from Item #16A31) Further moved to the November 8, 2022 BCC Meeting (During Agenda Changes) Recommendation to hear a Land Development Code amendment to allow medical/cannabis dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. (All Districts)MOTION by Commissioner Saunders to continue to November 8, 2022 BCC Meeting; Seconded by Commissioner McDaniel Approved - 5/0Yes Yes Yes Yes Yes Yes(Moved from Item #16C4) Further moved to the November 8, 2022 BCC Meeting - Recommendation to award Request for Proposal (“RFP”) No. 21-7919-ST, “Construction Manager at Risk (“CMAR”) for Collier County Mental Health Facility,” to DeAngelis Diamond Construction LLC, for pre-construction services in the amount of $207,965.00, and a fee of four-point seven five percent (4.75%) of the future to be determined Guaranteed Maximum Price (“GMP”) proposal for construction services. Infrastructure Surtax Fund (318) (Project #50239) (District 3)
Item #11F - (Moved from Item #16D2: During Agenda Changes) Previously Item #11G, moved by the County Manager. Recommendation to approve Second Amendment to Interlocal Agreement Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and recreation programs extending the term to June 30, 2023 and revising the payment schedule to a monthly basis based on 1.5M per year. (All Districts) MOTION by Commissioner Saunders to approve to include the City’s changes only; Seconded by Commissioner McDaniel - Approved 5/0Yes Yes Yes Yes Yes YesItem #11G - (Moved from Item #16A1:During Agenda Changes) Previously Item #11H, moved by the County Manager. Recommendation to direct staff to bring back an amendment to Ordinance 2013-57, the Administrative Code for Land Development to address an expressed concern for public safety regarding meeting decorum, location, and virtual options for Neighborhood Information Meetings. (All Districts)MOTION by Commissioner Solis to approve; Seconded by Commissioner Taylor - Adopted 5/0Yes Yes Yes Yes Yes YesItem #11H - (Moved from Item #16D9 by Commissioner Saunders: During Agenda Changes) Recommendation to approve Year 2 of a 3-year Centers for Disease Control and Prevention grant award to support the Community Health Workers for COVID-19 Response for Resilient Communities Program in the amount of $421,744 and authorize the necessary Budget Amendment. (Housing Grant Fund 705) (All Districts)MOTION by Commissioner McDaniel to approve; Seconded by Commissioner Taylor - Approved 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - 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 within the Estates (E) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) pursuant to sections 2.03.01.B.1.c.12 and 5.05.09 of the Collier County Land Development Code for a 2.7± acre property located at 1680 Golden Gate Blvd East, also described as the east 180 feet of Tract 20, Golden Gate Estates, Unit No. 51 subdivision, in Section 2, Township 49 South, Range 27 East, Collier County, Florida. (Zoning Petition CU-PL20200002584) (Companion to Item #17B) (District 5) (Moved to Item #9B)Item #17B - Zoning Petition - PL20190000360 Seminole Trail Government Center Conditional Use. Recommendation to pprove a Resolution for the establishment of a conditional use to allow the development of Safety Services and related government uses as an essential service in the Conservation zoning district within the Area of Criticial Concern and Special Treatment Overlay (CON-ACSC/ST) pursuant to Section 2.03.09.B.1.c.2, of the COllier County Land Development Code. The property is 1.83+/- acres and is described s Lots 18 and 19 of Polita Acres, and unrecorded subdivision, and is located on the north side of Tamimi Trail East (US 41) approximately 0.85 miles from Collier County;s eastern boundary in Section 36, Township 53 South, Range 34 East, Collier County, Florida. (Companion to Item #16A3) (District 5)MOTION by Commissioner Saunders to continue Item #11F (#16C4) to the November 8, 2022, BCC Meeting; Seconded by Commissioner Taylor – Approved 5/0; MOTION by Commissioner Saunders to Approve and or adopted w/changes; Seconded by Commissioner Taylor – 5/0Resolution 2022 = 138Yes Yes Yes Yes Yes Yes
Item #17C - Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls, and adopteing 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 $30,930,600. (All Districts) MOTION by Commissioner Saunders to continue Item #11F (#16C4) to the November 8, 2022, BCC Meeting; Seconded by Commissioner Taylor – Approved 5/0; MOTION by Commissioner Saunders to Approve and or adopted w/changes; Seconded by Commissioner Taylor – 5/0Resolution 2022-139 (District I) Resolution 2022-140 (District II)Yes Yes Yes Yes Yes