04/11/2023APRIL 11, 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 approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0Yes Yes Yes Yes YesYesItem #2B - March 14,2023 BCC Meeting Minutes Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved as presented 5/0Yes Yes Yes Yes YesYesItem #4A - Proclamation recognizing Sunlight Home of Collier County. To be accepted by Carolyn Bott, President. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0Yes Yes Yes Yes YesYesItem #4B - Proclamation recognizing the Bargain Basket Thrift Store as recipient of the Waste Reduction Awards Program (WRAP) award, for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Samantha Arago and Bill Johnenning and represented by Jonathan Bartos from our Solid and Hazardous Waste Management Division. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0Yes YesYes Yes YesYes -Item #4C - Proclamation designating April 9 - 15, 2023, as National Public Safety Telecommunicators Week. To be accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Greg Smith, Captain Chris Gonzalez, Manager Amy Tuff, and several 911 Collier County Telecommunicators. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0Yes YesYes Yes YesYesItem #4D - Proclamation designating April 2023 as Water Conservation Month in Collier County. To be accepted by Howard Brogdon, Water Division Director. Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Adopted 5/0Yes YesYes Yes YesYesItem #9A - Adopting an Ordinance establishing the Collier County Health Freedom Bill of Rights. (Companion to Item #10A) (All Districts) Motion to approve with changes that include removal of “expansion” comments from the last whereas, add specific state statute references to the second to the last whereas and change 3 vote references from unanimous to super majority by Commissioner Hall; Seconded by Commissioner Saunders- Adopted 5/0Ordinance 2023- 18Yes YesYes Yes YesYesItem #10A - Adopt a Health Freedom Resolution. (Companion to Item #9A) (Sponsored by Commissioner Hall) (All Districts) Motion to approve with changes that included confirmation of removal of #7, 1st whereas add “some”, 2nd whereas add “possibly” and changes in red by Commissioner Hall; Seconded by Commissioner McDaniel- Adopted 4/1 (Commissioner Saunders opposed)Resolution 2023- 69Yes YesNo Yes YesYesItem #10B - Appoint two members to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) To reappoint/appoint (Patricia Sherry, Kerry Geroy, Ronald Kaplan, Joe Trachtenberg) 1st Motion to appoint Patricia Sherry by Commissioner Kowal; Seconded by Commissioner McDaniel to appoint Patricia Sherry – Adopted 5/0; 2nd Motion to appoint Kerry Geroy by Commissioner LoCastro; Seconded by Commissioner Hall- Adopted 5/0Resolution 2023-70Yes YesYes Yes YesYesItem #10C - Clerk of the Circuit Court to timely transfer $30 million to the State of Florida pursuant to the terms of the Memorandum of Agreement and Escrow Agreement for the “State Veterans’ Nursing Home” project using Infrastructure Sales Surtax Funding and authorize the necessary budget amendment (Fund No. 318). (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro- Approved 5/0Yes YesYes Yes YesYesItem #10D - Direct staff to prepare an LDC amendment to repeal LDC Section 5.05.15, Conversion of Golf Courses. (All Districts)Motion to not repeal and have staff study for improvements and bring item back with recommendations by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved 5/0 Yes YesYes Yes YesYesItem #11A - Authorize the Chairman to sign a letter of concurrence to support the continuation of the U.S. Army Corps of Engineers (USACE) Collier County Coastal Storm Risk Management Feasibility Study. (Trinity Scott, Department Head, Transportation Management Services) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 5/0Yes YesYes Yes YesYesVOTES
Item #11B - Authorize budget amendments to recognize $23,233,000 in revenues deposited in the Solid Waste Capital Fund (474) received from the Federal Emergency Management Agency (FEMA) related to the Hurricane Ian debris removal expedited expense reimbursement, and return budgeted funds back to the original funding sources which include Water/Sewer Operations Fund (408) ($8,913,500), Water Capital Fund (412) ($8,909,869), Solid Waste Disposal Fund (470) ($2,151,700), and capital projects within the Solid Waste Capital Fund (474) ($3,257,931). (Chris Johnson, Interim Director – Corporate Financial and Management Services) (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner Hall- Approved 5/0Yes YesYes Yes YesYesItem #11C - Approve an operations and maintenance budget in the amount of $1,200,000, in fiscal year 2023 (FY23), for the newly constructed interim Northeast County Water Reclamation Facility (NECWRF) and Potable Water Storage Tank and Pump Station, authorize twelve (12) additional Full-Time Equivalent positions, and authorize all necessary FY23 budget amendments. (Craig Pajer, Subregional Utilities Director) (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Saunders- Approved 5/0Yes YesNo Yes YesYesItem #11D - Execute a new Interlocal Agreement between Collier County and the Greater Naples Fire Rescue District for continued management of the Ochopee Fire District, authorize necessary budget amendments and authorize staff to bring back a proposed millage cap update to the Ochopee Fire District Ordinance (Estimated Fiscal Impact $4,046,870.52). (Ed Finn, Deputy County Manager) (All Districts)Motion to approve with long-term clause by Commissioner McDaniel; Seconded by Commissioner LoCastro- Approved 5/0Yes YesNo Yes YesYesItem #14B1 - Board of County Commissioners approve a pilot test program with Ecological Laboratories of Cape Coral Florida to monitor and document the result of using Ecological Laboratories product “Quantum Growth Series” a soil and plant microbial inoculant within the existing landscape right of way within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) and accept the donation of the product. (Debrah Forester, Community Redevelopment Agency Division Director) (District 4)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal- Approved 5/0Yes YesNo Yes YesYesItem #14B2 - Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRA), direct staff to give at least 30 days public notice of its intent to sell, lease, or otherwise transfer approximately 1.84 acres of CRA-owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore Gateway Triangle Community Redevelopment Area, and invite proposals from, and make all pertinent information available to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate this parcel. (Debrah Forester, Community Redevelopment Agency Division Director) (District 4)Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders- Approved 5/0Yes YesNo Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - Approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD), by adding warehousing and flex space uses including specialty trade contracting, minor fabrication, and manufacturing as principal uses in addition to previously permitted commercial uses on the Commercial Tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the Commercial Tract. The subject Commercial Tract consisting of 9.6+/- acres is part of the 635+/- acre PUD located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. (PL20200002302) (District 1) Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0Ordinance 2023-17Yes YesNo Yes YesYesVOTES
Item #17B - 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 and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) zoning district and eliminate the Activity Center #9 Overlay zoning district, and establish uses, boundaries, and design standards, 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 One General Provisions, including Section 1.08.01 Abbreviations; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.23 Same—Development in the Activity Center #9 Zoning District; and Chapter Five Supplemental Standards, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002400] (First of two hearings) (District 1, District 3, District 5) Motion to approved by Commissioner Saunders; Secconded by Commissioner McDaniel and Commissioner Kowal - Approved and/or Adopted w/changes 5/0 - (First of two hearings)Yes YesNo Yes YesYes