02/14/2023FEBRUARY 14, 2023 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of today's regular, consent and summary agend as amended (ex parte disclosure provided by commission members for consent agenda.)Motion to approve by Commissioner LoCastro; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - BCC Budget Meeting Minutes for January 10, 2022 Motion to approve by Commissioner LoCastro; Seconded by Commissioner Kowal - Approve and/or Adopt w/changes – 5/0Yes Yes Yes Yes YesYesItem #9A - Approve 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 an Estates (E) Zoning District within the Corridor Management Overlay District (CMO) to a Community Facilities Planned Unit Development (CFPUD) within the Corridor Management Overlay District (CMO) for a project to be known as Collier County Behavioral Health Center Community Facilities Planned Unit Development to allow a 64,000 square foot maximum group care facility with up to 102 patient beds on property located on the north side of Golden Gate Parkway and 1/2 mile west of Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5.15+/- acres: and by providing an effective date. (Companion Item to #9B) [PL20220002221] (District 2) Motion to approve the rezone and GMP with an enhanced security plan by Commissioner Hall; Seconded by Commissioner Kowal – Adopted 4/1; Commissioner McDaniel opposedOrdinance 2023-13No Yes Yes Yes YesYesItem #9B - 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 Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element to allow Planned Unit Development Rezoning and certain preservation requirements in the Golden Gate Parkway Institutional Subdistrict, an aggregate of 16.3acres located on the north side of Golden Gate Parkway approximately ½ mile west of Santa Barbara Boulevard in Section 29, Township 49 South, Range 26 East, Collier County, Florida; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. (Companion Item to #9A) [PL20220002807] (District 2) Motion to approve the rezone and GMP with an enhanced security plan by Commissioner Hall; Seconded by Commissioner Kowal – Adopted 4/1; Commissioner McDaniel opposedOrdinance 2023-14No Yes Yes Yes YesYesItem #9C - The Board consider enacting an Ordinance banning the establishment or location of medical marijuana treatment center dispensing facilities within unincorporated Collier County. (All Districts) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders – Adopted 5/0Ordinance 2023-15Yes YesYes Yes YesYesItem #10A - The Board consider reimbursing the COVID-19 Extra Mile Migrant Farmworker Community Grant, Project (#33772) and direct staff to find an alternative funding source. (Sponsored by Commissioner Hall) (This is a companion Item to #11A) (All Districts) Motion to send all the grant money back and cancel the grant by Commissioner Hall; Seconded by Commissioner McDaniel – Approved 5/0 Yes Yes Yes Yes YesYesItem #10D - Direct staff to bring back an amendment to the Golden Gate Golf Course Mixed Use Planned Unit Development, Ordinance No. 2022-13, to reduce the setbacks and greenway to allow for the construction of a State Veterans’ Nursing Home. (Sponsored by Commissioner Saunders) (District 3) Motion for staff to begin the process of reducing the buffers to as low as 25 feet for the project by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes No Yes YesYesItem #10E - The Board clarify that the County will be solely responsible for any costs associated with soil testing and any arsenic remediation of the Golden Gate Golf Course. (Sponsored by Commissioner Saunders) (District 3) Motion to approve for responsibility for remediation for Veteran’s Nursing Home and continue other portions for 2 weeks for the Clerk to process with the CAO by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes Yes Yes YesYesVOTES
Item #10F - Direct staff to, at the appropriate time, reduce the leased area of the Golden Gate Golf Course to correspond with the actual area used by Rural Neighborhoods, Inc., the Golden Gate Golf Course Housing Project Developer, and CC BSG Naples, LLC (“BigShots”), the Golden Gate Golf Course golf entertainment complex Developer. (Sponsored by Commissioner Saunders) (District 3) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11A - Report to the Board of County Commissioners (Board) relative to the information and services being provided to the public through the COVID-19 Extra Mile Migrant Farmworker Community grant. (Maggie Lopez, Community and Human Services Interim Director) (Companion Item to Item #10A) (All Districts) Motion to accept the report by Commissioner McDaniel; Seconded by Commissioner Hall – Approved 5/0 Yes Yes Yes Yes Yes YesItem #11B - Award Invitation to Bid (“ITB”) No. 22-8020-ST, “Bridge Replacement - Bridge Package D - 1 Bridge - Immokalee Road” project, to Thomas Marine Construction, Inc., in the amount of $3,132,005.95, and authorize the Chairman to sign the attached agreement related to Project #66066 - “Eleven Bridge Replacements east of SR 29”. (Jay Ahmad, Director, Transportation Engineering) (District 5)Motion to approve by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0 Yes Yes Yes Yes Yes YesItem #11C - Approve Agreement No. 21-7862, “Professional Design and Related Services for Airport Road Widening,” to Kisinger Campo & Associates, Corp. in the amount of $1,900,000, and authorize the Chairman to sign the attached Agreement (Project Number #60190). (Jay Ahmad, Director, Transportation Engineering) (District 2) Motion to approve by Commissioner Hall; Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes Yes Yes Yes YesItem #11D - Approve a one-time expenditure of Tourist Development Tax Fund 195 funding in the amount of $921,400 for 85,000 cubic yards of dredged sand itemized in Change Orders #1 and Change Order #2 to the City of Marco Island's contract with Ahtna Marine & Construction for the 2022 Tigertail Lagoon / Sand Dollar Island Ecosystem Restoration Project, authorize the Chair to execute a Tourist Development Tax Funding agreement, authorize the necessary budget amendment and make a finding that this expenditure promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner McDaniel – Approved 5/0 Yes Yes Yes Yes Yes YesItem #12A - Direct staff to provide written notice of a Bert Harris Claim received in connection with the Riviera Golf Course Conversion application to owners of real property contiguous to the owner’s property pursuant to Florida Statutes Section 70.001(4)(a), known as the Bert J. Harris, Jr. Private Property Rights Protection Act; 2) Direct the County Manager to negotiate a settlement of the Bert Harris Claim, which may include a pre-suit mediation conference, and return to the Board for consideration of the settlement; 3) Direct staff to issue a written statement of allowable uses identifying the allowable uses to which the subject property may be put pursuant to Florida Statutes Section 70.001(5)(a); and 4) Direct staff to prepare an LDC amendment of Section 5.05.15, Conversion of Golf Courses, to minimize future litigation in connection with the golf course conversion process. (All Districts)Motion to approve by Commissioner Kowal; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes Yes YesItem #13A - Appoint two Commissioners as regular members, three Commissioners as alternate members, and ratification of appointed citizen member and alternate citizen member for a one-year period on the Value Adjustment Board. (All Districts) Motion to appoint Commissioner Kowal and Commissioner Saunders with the three remaining commissioners as alternates by Commissioner McDaniel; Seconded by Commissioner Hall – Adopted 5/0 Resolution 2023-26Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Approve an Ordinance amending Ordinance No. 07-34, as amended, the Kaicasa Residential Planned Unit Development to change the affordable housing income levels from at or below 60% of area median income to up to and including 120% of area median income; and providing an effective date. The subject property, consisting of 100± acres, is located on the north side of State Road 29, just east of Village Oaks Elementary School, and approximately two miles east of the intersection of State Road 29 and County Road 846 in Sections 12 and 13, Township 47 South, Range 27 East, Collier County, Florida. [PL20220003938] (District 5) Ordinance 2023-12VOTES