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Recap 01/24/2023 RPage 1 January 24, 2023 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 24, 2023 9:00 AM Commissioner Rick LoCastro, District 1; – Chair Commissioner Chris Hall, District 2; – Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE Page 2 January 24, 2022 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES Page 3 January 24, 2022 MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Beverly Duncan - United Church of Christ Invocation given  Pledge of Allegiance by First Baptist Academy football team Pledge of Allegiance given 2. AGENDA AND MINUTES A. 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 - Approve and/or Adopt w/changes – 5/0 B. September 22, 2022, BCC Budget Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall- Approved as presented – 5/0 C. October 25, 2022, BCC Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall- Approved as presented – 5/0 D. December 13, 2022, BCC Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall- Approved as presented – 5/0 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. 20 YEAR ATTENDEES Page 4 January 24, 2022 1) 20 Years, Cristina Perez - Program Manager - Bayshore/Gateway CRA Presented C. 25 YEAR ATTENDEES D. 30 YEAR ATTENDEES E. 35 YEAR ATTENDEES F. ADVISORY BOARD MEMBERS G. RETIREES H. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation recognizing the First Baptist Academy football team on their Florida High School Athletic Association Class 1S State Championship. To be accepted by Billy Sparacio, Head Coach and Athletic Director, First Baptist Academy, and other distinguished guests. Motion to adopt the proclamation by Commissioner McDaniel ; Seconded by Commissioner Hall – Approved 5/0 5. PRESENTATIONS A. This item to be heard at 10:00 AM. Presentation from the U.S. Army Corps of Engineers on the County Coastal Storm Risk Management Feasibility Study. Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Diane Van Parys – Collier County election process Page 5 January 24, 2022 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. 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 Ordinance No. 04-74, as amended, Orange Blossom Ranch, a Planned Unit Development (PUD), to change the 43.6± acre commercial office (C/O) tract to the mixed use (MU) tract; to allow 400 multi-family rental dwelling units with some affordable housing on a portion of the MU tracts in addition to the allowed 200,000 square feet of commercial development, changing the total density from 1,950 to 2,350 dwelling units and providing an effective date. The subject property is 43.6± acres out of the 616± acre PUD and located at the northwest quadrant of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13, Township 48 South, Range 27 East, Collier County, Florida. [PL20210001860] (District 5) Ordinance 2023-11: Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0 Moved from Item #17A (Per Agenda Change Sheet) B. This item has been Continued from the December 13, 2022, BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision-Making Procedures, Page 6 January 24, 2022 including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings) (All Districts) (Commissioner Saunders and Commissioner LoCastro’s separate requests) Motion to continue to February 28, 2023, BCC Meeting; Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0 (there was no ordinance for this item) 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. This item has been Continued from the September 13, 2022, BCC Meeting. 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. [PL20220004273] (Mike Bosi, Planning and Zoning Director) (All Districts) Motion to bring back an Ordinance to ban medical/cannabis dispensaries by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0 B. Recommendation to approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24,000,000 for the construction of an emergency berm necessary for protection of upland structures left vulnerable by Hurricane Ian, authorize the necessary budget amendment, authorize the Board to delegate authority to the County Manager to execute a contract(s) for the construction of the emergency berm, subject to being later ratified by the Board at its next regular meeting, and make a finding that this expenditure promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0 Moved from Item #16A7 (Per Agenda Change Sheet) C. Recommendation to approve and execute a Florida Department of Transportation (FDOT) Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be Page 7 January 24, 2022 reimbursed up to $100,000 for median irrigation and landscaping improvements on US 41 (State Road 45/ State Road 90), Lee County Line to Vanderbilt Beach Road, authorize the Chairman to sign and execute the Agreement and related documents, authorize the necessary budget amendments, and allow project activity. (District 2) (Commissioner McDaniel’s request) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Moved from Item #16A8 (Per Agenda Change Sheet) D. Recommendation to award Invitation to Bid ("ITB") No. 22-8046, "Davis Blvd (SR-84) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc., in the amount of $425,783.79, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 4) (Commissioner McDaniel’s request) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Moved from Item #16A9 (Per Agenda Change Sheet) E. Recommendation to award Invitation to Bid ("ITB") No. 22-8047, "Collier Blvd (SR-951) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc. in the amount of $526,622.75, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 1) (Commissioner McDaniel’s request) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0 Move from Item #16F2 (Per Agenda Change Sheet) F. Recommendation to award Request for Proposal (“RFP”) #22-8026, “Tourism Sales Representation – Midwest United States” to Synergy- Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the Agreement. (All Districts) (Commissioner McDaniel’s and Commissioner LoCastro’s separate requests) Page 8 January 24, 2022 Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public Comments on General Topics Not on the Current or Future Agenda by Individuals Not Already Heard During Previous Public Comments in this Meeting 1) Garrett Beyrent – Adopt a bus for corporate logos (Public Transportation) B. STAFF PROJECT UPDATES 1) Rock Crushing Update Moved from Item #16A13 (Per Agenda Change Sheet) 2) Recommendation to accept the January 2023 Project Update For ‘Vanderbilt Beach Road Extension.’ (Project 60168) (All Districts) (Commissioner Saunders Request) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Saunders – Approved 5/0 C. Staff and Commission General Communications 1) Dan Rodriguez – Sports Complex events update, Sudgen Park boat show success, DAS update, New Fleet Director Page 9 January 24, 2022 2) Amy Patterson – Immokalee Airport lease proposal investigation 3) Commissioner Saunders – Budget consideration- Quiet Florida: drag racing & illegal modified mufflers, noise cameras, sheriff input, wants more information on what other communities are doing, Veterans Nursing Home update 4) Commissioner McDaniel – Need for HEX meetings being remote for two months, burn ban initiation process, cell service planning tower locations update, deadline on interlocal agreement with the city update 5) Commissioner LoCastro – No-notice visit to DAS; positive building and service update, unsolicited offer for the Sports Complex update, Golden Gate Golf Course update, CDC grant monies update ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes – 5/0 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esperanza Place, Application Number AR-13122, and authorize the release of the maintenance security in the amount of $34,293.30. (District 5) Resolution 2023-11 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esperanza Place - Phase 2, Application Number PL20190000598 and PL20190001019, and authorize the release of the maintenance security in the amount of $41,331.80. (District 5) Resolution 2023-12 Page 10 January 24, 2022 3) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of a portion of the potable water facilities and appurtenant utility easement for Temple Shalom Expansion, PL20220005168. (District 3) 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities and appurtenant utility easements for Tree Farm PPL, PL20220004338. (District 3) 5) 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 for recording the final plat of Allamanda Estates (Application Number PL20220001339) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $114,269.21. (District 1) 6) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the total amount of $1,000,000, which was posted as a guarantee to cover the excavation work associated with the following Excavation Permits: 59.902-1, BelleraWalk at Ave Maria (AR-9214); 59.902-4, Ave Maria Unit 8, Emerson Park (AR-8941); 59.902-5, Ave Maria North Sports Park and Tennis Aquatic Facility (AR-9178); 59.902-6, Del Webb at Ave Maria Phase 1 (AR-8654); 59.902-8, Ave Maria Phase Two Plat (AR- 8697); 59.902.9, Ave Maria Boulevard (Arch Rd. & Camp Keais Rd. – AR-8880); 59.902-12, Camp Keais Entrance at Ave Maria (AR- 12286); 59.902-31, Del Webb Parcel 107 & 108 (PL20160000905); 59.902-32, Del Webb Parcel 204 (PL20160001367); 59.902-33, Del Webb Parcel 213 (PL20160001658); and 59.902-35, Del Webb Phase 3-Parcels 209-212 (PL20170000501). (District 5) Moved to Item #11C (Per Agenda Change Sheet) 7) Recommendation to recognize carry forward funding for the Collier Metropolitan Planning Organization (MPO) in the amount of $6,552.12, earned from the FY 2021/22 Transportation Disadvantaged Planning Grant, and to approve all related necessary budget amendments. (All Districts) Page 11 January 24, 2022 Moved to Item #11D (Per Agenda Change Sheet) 8) Recommendation to approve Change Order No. 2 to Request for Professional Services (“RPS”) Agreement Number 21-7847, “Goodlette-Frank Road Ditch Improvements Design Services” with Water Resources Management Associates, Inc., for additional data collection and engineering design tasks to the scope of services, in the amount of $133,681.00, and to extend the period of the project by 308 days. (Project Number #60102) (All Districts) Moved to Item #11E (Per Agenda Change Sheet) 9) Recommendation to authorize the County Attorney to retain outside counsel to work with the County Attorney, staff and outside consultants, to commence a FEMA arbitration panel with respect to the Hurricane Irma Federal Emergency Management Agency (“FEMA”) First Appeal Denial of Grants Manager Project 48791/Project Worksheet #5856. (All Districts) 10) Carry forward funding for the Collier Metropolitan planning Organization (MPO) in the amount of $6,552.12, earned from the FY 2021/22 Transportation Disadvantaged Planning Grant, and to approve all related necessary budget amendments 11) Change Order No. 2 to Request for Professional Services (“RPS”) Agreement Number 21-7847, “Goodlette-Frank Road Ditch Improvements Design Services” with Water Resources Management Associates, Inc., for additional data collection and engineering design tasks to the Scope of Services, in the amount of $133,681.00, and to extend the period of the project by 308 days. (Project Number #60102) 12) The county attorney to retain outside counsel to work with the county attorney, staff and outside consultants, to commence a FEMA arbitration panel with respect to the hurricane Irma Federal Emergency Management Agency (“FEMA”) First Appeal Denial of Grants Manager Project #48791/Project Worksheet#5856 Moved to Item #15B2 (Per Agenda Change Sheet) Page 12 January 24, 2022 13) The January 2023 project update for ‘Vanderbilt Beach Road Extension.’ (Project #60168) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to accept a project update to NCWRF Pretreatment Facility Project No. 70149 currently in design with AECOM Technical Services, Inc., under Agreement No. 20-7722- NS. (District 2) 2) Recommendation to approve administrative Change Order #2 for time extension under Construction Agreement No. 21-7912 with R2T, Inc., for the NCRWTP Chemical Bulk Tank Replacement (Project No. 71066). (District 3) 3) Recommendation that Board of County Commissioners, acting ex- officio as the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 22-8043, for “Removal and Abandonment of 30” Raw Water Main and 36” Water Main,” to Douglas N. Higgins, Inc., in the amount of $863,380, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment (Water User Fee Capital Fund (412), Project 70271). (District 3) 4) Recommendation to approve a First Amendment and Extension to Recreational Lease with Smallwood Island Conservation Club to extend the lease term, to revise the acreage, to increase the annual rent, and to update insurance requirements on 492 +/- acres of the County-owned property known as Camp Keais. (District 5) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a resolution authorizing the temporary closing of a portion of State Road 29 and determining that the closure is necessary for the Collier County Museums’ annual Immokalee Cattle Drive & Jamboree on March 18, 2023, to fulfill a Florida Department of Transportation (FDOT) temporary road closure permit application requirement. (District 5) Page 13 January 24, 2022 Resolution 2023-13 2) Recommendation to award Construction Invitation to Bid (“ITB”) No. 22-8031, “Sun-N-Fun Family Pool Renovations,” to Capital Contractors, LLC, in the amount of $983,961, and authorize the Chairman to sign the attached Agreement. (District 2) 3) Recommendation to approve Agreement No. 22-035-NS, “Integrated Library System Software Maintenance, Subscription & Phone Alert Services,” with Innovative Interfaces Incorporated in an amount not to exceed $200,000 per fiscal year, as budgeted through FY2028, and approve expenditures under the Agreement and approved Exemption. (All Districts) E. ADMINISTRATIVE SERVICES F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the Pelican Bay Sidewalk Improvement Design to Agnoli, Barber & Brundage, Inc., and authorize the Chairman to sign the attached Change Order. (District 2) Moved to Item #11F (Per Agenda Change Sheet) 2) Recommendation to award Request for Proposal (“RFP”) #22-8026, “Tourism Sales Representation – Midwest United States” to Synergy- Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the Agreement. 3) Recommendation to renew the annual Certificate of Public Convenience and Necessity for non-emergency Class 2 – Basic Life Support (BLS) inter-facility ambulance transports to Care Med Transportation, LLC, for the purpose of providing post-hospital and inter-facility medical ambulance transfer services. (All Districts) 4) Recommendation to adopt a resolution approving amendment (appropriating grants, donations, contributions, or insurance proceeds) to the FY22-23 Adopted Budget. (All Districts) Resolution 2023-14 Page 14 January 24, 2022 G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Solicitation No. 21-7937 “Immokalee Regional Airport Hangar/Commercial Aeronautical Development- Parcel A” and authorize its chairman to execute the attached Collier County Airport Authority Standard Form Long-Term Ground Lease Agreement with Global Flight Training Solutions, Inc., for aeronautical land use at the Immokalee Regional Airport. (District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) January 24, 2023, Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between December 29, 2022, and January 11, 2023, pursuant to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of January 18, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint two members to the Land Acquisition Advisory Committee. (All Districts) Resolution 2023-15: Appointing Corey R. McCloskey and Reappointing Ron Clark both w/terms expiring on February 11, 2026 2) Appointment of four members to the Pelican Bay Services Division Board. (District 2) Resolution 2023-16: Appointing Michael Ferland w/term expiring Page 15 January 24, 2022 on March 31, 2025; Appointing Beth Stein and Reappointing Denise McLaughlin and Michael Fogg and Appointing Beth Stein commencing on April 1, 2023, w/term expiring on March 31, 2027 3) Recommendation to approve a settlement with The Guarantee Company of North America USA, the Surety for Florida Safety Contractors, for Florida Safety Contractor’s default under Contract No. 18-7286 and defective work on the Goodlette-Frank Road at Fleischmann Boulevard Roadway and Signalization Improvements project. (All Districts) 4) Recommendation to appoint four members to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) Resolution 2023-17: Appointing Kevin Johnson, Katherine Basso and Reappointing Ronald Kezeske and Mick Petscher all w/terms to expire on January 12, 2025 ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Adopted – 5/0 Moved to Item #9B (Per Agenda Change Sheet) A. This item has been continued from the December 13, 2022, BCC Meeting. Recommendation to approve Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to remove the $25,000 minimum value of the Transfer of Development Rights (TDR) Base Credit in the Rural Fringe Mixed Use District by providing for: Section One, Recitals; Section Two, Findings of Page 16 January 24, 2022 Fact; Section Three, Adoption of Amendments to the Land Development Code more specifically amending the following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002482] B. 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 Petition PL20210000560, to disclaim, renounce and vacate the County and the public interest in a portion of Sandy Lane located approximately one-half mile east of Santa Barbara Boulevard and one mile north of Rattlesnake Hammock Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17C & #17D) (District 1) Resolution 2023-18 C. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Sandy Lane RPUD, to allow construction of up to 640 dwelling units on property located east of Santa Barbara Boulevard approximately one-half mile south of Davis Boulevard between Seychelles Drive and Polly Avenue, in Section 9, Township 50 South, Range 26 East, consisting of 113.97± acres; and by providing an effective date. (This is a companion to Items #17B & #17D) [PL20200001208] (District 1) Ordinance 2023-04 D. 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 Ordinance Number 82-49, the Shadowwood Planned Unit Development (PUD), by amending the master plan to add a potential roadway interconnection from Tract E to the proposed Sandy Lane Residential Planned Unit Development to the north which if approved, will Page 17 January 24, 2022 replace the roadway connection to Polly Avenue; by adding roadway, signage and model home deviations and by revising developer commitments. The subject property consisting of 77.99± acres is part of the 168.10± acre PUD located at the Wing South Air Park, east of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake-Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17B & #17C) [PL20210001253] (District 1) Ordinance 2023-05 E. Recommendation to approve Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by changing the Land Use Designation of the property to Agricultural/Rural Mixed Use District, Basik Drive Storage Commercial Sub-district to allow outdoor storage for mobile and towable items Including automobiles, boats, RV’s, trailers, 350 outdoor storage spaces, and unlimited roofed or enclosed structures. Furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (This is a companion to Item #17F) (District 1) Ordinance 2023-06 F. 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 of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, by changing the zoning classification of the herein described real property from C-4-RFMUD-Receiving and A-RFMUD-Receiving to the Basik Drive Storage CPUD to allow 120,000 square feet of indoor storage (up to 1,000 units) and 50,000 square feet of office/commercial space and up to 350 outdoor storage spaces on property located on the northeast corner of Tamiami Trail East and Basik Drive, west of Trinity Place, consisting of 13.87± acres; providing for repeal of Resolution No. 07-332, a Parking Exemption and Resolution No. 18-25, a Conditional Use for enclosed mini self-storage warehousing and partial repeal of Ordinance No. 88-61, as to the property described in this Ordinance; and by providing an effective date. (PL20210000046) (This is a companion to Item #17E) (District 1) Ordinance 2023-07 Page 18 January 24, 2022 G. 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 Future Land Use Element and Future Land Use Map and Map Series to create the Ivy Medical Center Subdistrict by changing the land use designation of property from Urban, Urban Mixed Use District, Urban Residential Subdistrict to the Urban-Commercial District, Ivy Medical Center Subdistrict to allow up to 20,000 square feet of Commercial Professional and General Office District (C-1) uses including medical offices. The subject property is located on the south side of Immokalee Road, approximately 1,970 feet east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 3.92± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20210002122]. (This is a companion to Item #17H) (District 3) Ordinance 2023-08 H. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Professional and General Office District (C-1) zoning district for general office, medical office and business service uses on property located on the south side of Immokalee Road approximately 1,970 feet east of Logan Boulevard, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 3.92+/- acres; and by providing an effective date. (PL20210002147) (This is a companion to Item #17G) (District 3) Ordinance 2023-09 I. Recommendation to adopt a resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Page 19 January 24, 2022 Budget. (All Districts) Resolution 2023-19 J. Recommendation to approve Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to remove the $25,000 minimum value of the Transfer of Development Rights (TDR) Base Credit in the Rural Fringe Mixed Use District by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code more specifically amending the following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002482] (District 1, District 3, District 5) Ordinance 2023-10 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.