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Agenda 12/14/2021 Item #17A (Ordinance - Creating the Collier County Public Art Committee)    Proposed Agenda Changes Board of County Commissioners Meeting December 14, 2021 Move Item 17H to Item 9E: *** This item has been continued from the September 28, 2021, October 12, 2021, and October 26, 2021 BCC Meeting Agendas. *** A Resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, to increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3, District 5) (Commissioner Saunders’, Commissioner McDaniel’s, Commissioner Taylor’s, Commissioner LoCastro's, & Commissioner Solis’ Separate Requests) Move Item 17A to Item 9F: *** This item has been continued from the October 12, 2021, October 26, 2021, and November 9, 2021 BCC Meeting Agendas. *** Recommendation to adopt an ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. (All Districts) (Commissioner Solis’ Request) Add on Item 11G: Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. (All Districts) (Staff’s Request) Continue Item 16D10 to the January 25, 2022 BCC Meeting: Recommendation to approve a Fourth Amendment to Agreement #19-7537, “Affordable Housing Marketing Outreach Campaign,” with Quest Corporation of America, Inc., and authorize the Chair to sign the attached amendment. (Estimated Fiscal Impact $171,528, Housing Grant Fund 705) (All Districts) (Staff’s Request) Continue Item 17D to the Indefinitely: 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. An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, adopting a County-initiated amendment to the Collier County Growth Management Plan to update and clarify text, specifically amending the Conservation and Coastal Management Element to address sea level rise, and update nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001271]. (All Districts) (Staff’s Request) Note: Items under 8 and 9 to be heard no sooner than 1:00 p.m., unless otherwise noted.     Time Certain Items: Item 9A to be heard at 10:00 am: County Redistricting discussion regarding Commission Districts Item 11D to be heard at 11:30 am: Potential animal services collaboration between Collier County and the Humane Society of Naples. 12/20/2021 1:34 PM 12/14/2021 17.A EXECUTIVE SUMMARY Recommendation to adopt an ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. OBJECTIVE: To establish a Public Art Committee. CONSIDERATIONS: On July 23, 2021, the Board approved the Bayshore Gateway Triangle Public Art Pilot Plan. The intent of the Plan is to act as a pilot program that will eventually be expanded to cover the entire County. The Bayshore Gateway Triangle Public Art Pilot Plan identifies the creation of a Public Art Committee (PAC) within the first six months of plan adoption. The PAC will advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment Area. The Pilot Plan identifies the following role of the PAC: As stated in the Public Art Pilot Plan, the Public Art Committee (PAC) will provide recommendations to the BCC on public art projects in the County. Working with the Program Manager and CRA staff, the committee functions are to: • Assist and advise the County regarding the implementation of public art projects. • Review proposals submitted for public art projects and make recommendations to the BCC regarding project approvals. • When appropriate, appoint an artist selection panel to recommend artists for each project. This panel, consisting of representatives from the community (see map on page 5) where the art project is to be installed, makes the recommendation to the PAC. • Ensure, over time, the public art projects commissioned in the County represent a variety of art forms and media, the cultural diversity of the County, and are located throughout the area. • Review and, if necessary, update public art policies and guidelines periodically. • Perform other such duties as required to adhere to the public art program policies and guidelines or as designated by the BCC. The proposed ordinance allows for the PAC to serve the entire unincorporated Collier County in matters related to public art. On September 14, 2021, the Board authorized staff to advertise this ordinance and to bring it back for future consideration. The proposed Committee will be composed of seven members. In keeping with Ordinance 01-55, as amended, the County Advisory Board Ordinance, members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. In making such appointments, the Board will give preference to members of local arts organizations, architects, planners, and working artists. All members of the Public Art Committee shall be persons with knowledge of and appreciation for the visual arts. One member shall represent the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) either as a resident, nonprofit leader, business owner, or have a business interest in the BGTCRA. FISCAL IMPACT: The cost of advertising the proposed ordinance was $650 funded by Fund 187 - Bayshore CRA. This expenditure was approved by the Board on September 14, 2021, under item 16B1. GROWTH MANAGEMENT IMPACT: None. Packet Pg. 2822 12/14/2021 17.A LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. Prepared by: Debrah Forester, CRA Director ATTACHMENT(S) 1.Ordinance - Public Art Committee - CAO stamped 9.20.21 (PDF) 2. legal ad - agenda ID 20098 (PDF) Packet Pg. 2823 17.A 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doe ID: 20668 Item Summary: *** This item has been continued from the October 12, 2021, October 26, 2021, and November 9, 2021 BCC Meeting Agendas. *** Recommendation to adopt an ordinance creating the Collier County Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment area. Meeting Date: 12/14/2021 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 11/18/2021 11:47 AM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc — County Manager's Office Name: Mark Isackson 11 / 18/2021 11:47 AM Approved By: Review: County Attorney's Office Geoffrey Willig Level 2 Attorney Review Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Growth Management Operations Support Geoffrey Willig County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 11/18/2021 11:47 AM Skipped 11/18/2021 11:47 AM Skipped 11/18/2021 11:47 AM Additional Reviewer Skipped Completed 11/18/2021 11:48 AM 12/14/2021 9:00 AM Packet Pg. 2824 17.A.1 ORDINANCE NO.2021 - AN ORDINANCE CREATING THE COLLIER COUNTY PUBLIC ART COMMITTEE; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR CONFLICT AND E SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF c0 LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE i DATE. a WHEREAS, on April 23,2019 the Board of County Commissioners (Board) adopted a Resolution 2019-75 an amendment to the Collier County Community Redevelopment Plan that includes the development of an Arts and Cultural Plan for the Bayshore Gateway Triangle r Community Redevelopment Area; and N 0 N WHEREAS, on March 24, 2020 the Board adopted Cultural Paradise: Celebrating CD Creativity in Collier County (the County Arts and Cultural Strategic Plan), the inaugural arts and cultural plan for the County; and y WHEREAS, on July 23, 2021, Board adopted the Bayshore Gateway Triangle Public Art Pilot Plan to advance the County Arts and Culture Strategic Plan goals and the commitments to the Collier County community by (a) elevating the area as an arts destination, (b) strengthening E E Collier County's arts and cultural ecosystem, and (c) further implementing the Community c0 Redevelopment Plan; and a WHEREAS, the Board wishes to create a Public Art Committee to advise the Board on all matters relating to the public art within the entire unincorporated area of the County, including a a� the Bayshore Gateway Triangle Community Redevelopment Area. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Establishment of the Collier County Public Art Committee. The Board of County Commissioners hereby establishes the Collier County Public Art Committee (the "Committee"). The purpose of the Committee is to serve as a forum for advancing [21-CRA-00520/1663952/11 �i Packet Pg. 2825 17.A.1 public art in Collier County, and to make recommendations to the Board of County Commissioners in matters related to public art policies, issues, programs, and plans for the benefit of the citizens of Collier County, Florida. SECTION TWO: Functions, Powers and Duties of the Committee. The function, powers and duties of the Committee shall be as follows: A. To review proposals to provide public artwork either through loan, donation, or purchase, and make recommendations to the Board of County Commissioners. B. To review and make recommendations to the Board of County Commissioners for the off - site location of public art in public places. C. To provide comments and recommendations to the Board of County Commissioners as to proposed public art for public structures owned by the County, including property located within Community Redevelopment Areas. D. To confer with persons or organizations who have offered to donate or loan works of art to the County for proposed placement on public property. E. To perform other duties as directed by the Board. SECTION THREE: Appointment and Composition. The Committee shall be composed of seven members. In keeping with Ordinance 01-55, as amended, the County Advisory Board Ordinance, members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. In making such appointments, the Board will give preference to members of local arts organizations, architects, planners, and working artists. All members of the Public Art Committee shall be persons with knowledge of and appreciation for the visual arts. One member shall represent the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) either as a resident, nonprofit leader, business owner, or have a business interest in the BGTCRA. SECTION FOUR: Terms of Office. The initial terms of office of the Committee members shall be as follows: Ile-- - [21-CRA-00520/1663952/1] 2 CIA10) Packet Pg. 2826 17.A.1 A. Three members shall serve an initial term of one year. B. Four members shall serve an initial term of two years. Thereafter, each appointment or re -appointment shall be for a term of two (2) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FIVE: Removal from Office Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as amended; however, any member of the Committee may be removed from the Committee, with or without cause, by a majority vote of the Board of County Commissioners. SECTION SIX: Officers; Quorum; Rules of Procedure. A. Annually the members of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year with eligibility for re-election. B. The presence of four or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure or guidelines for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to approval by the Board of County Commissioners. SECTION SEVEN: Reimbursement of Expenses. Members of the Committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION EIGHT: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a [21-CRA-00520/1663952/1] 3,�� a� a� E E 0 U a a. co to �o 0 N Packet Pg. 2827 17.A.1 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA IAn , Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney [21-CRA-00520/1663952/11 4 Penny Taylor, Chairman a� a� E E 0 U a a 00 W 0 N r ah0 Packet Pg. 2828 17.A.2 NAPLESNEWS.COM I WEDNESDAY, SEPTEMBER 22, 2021 I 9D Public Notices „' Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on October 12, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro- posed Ordinance is as follows: AN ORDINACE CREATING THE COLLIER COUNTY PUBLIC ART COMMITf EN PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR APPOINTMENT AND ICE; PRO- VIDINGOFOR REMOVAL FROM (OFFICE NG RPROVIDING TERMS FF FOR OFFICERS, QUORUM. -AND OFFOR BU SEMENT OFRULES EXPENSES;RPROV PROVIDING FORIDING CONFLIICTRAND SEVERABILITY; PROVIDINFOR INCLUSION IN THE OF LAWS AND ORD NANCESG AND PROVIDING FOR AN EFFECTIVE DATE. A copy of. the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote will haveall theop por- tunity during the COVID-19 pandemic, the public to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. An person who *decides to appeal any decision of the Board will need a record of the proceedings 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 based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) AD#4921213 Sept. 22, 2021 �n N N E O U Q V 3Z 3 11 co W to O N co O O O N R C N i� ra Q Packet Pg. 2829