09/22/2020SEPTEMBER 22, 2020 - REGULAR MEETINGSaunders Solis Taylor Fiala McDaniel Passed FailedAGENDA ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of Today's Regular, Consent and Summary Agendas MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Yes Yes Yes Yes YesYesItem #2B - Approval of September 3, 2020 BCC Budget Hearing Meeting Minutes MOTION to approved as presented by Commissioner Fiala; Seconded by Commissioner Solis. Carried 5/0Yes Yes Yes Yes YesYesItem #2C - Approval of Spetember 3, 2020 Pelican Bay Services Division Budget Meeting MinutesMOTION to approved presented by Commissioner Taylor; Seconded by Commissioner Solis. Carried 5/0Yes Yes Yes Yes YesYesItem #8A - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relatingto a variance request from Section 5.05.09.G.2.a of the Land Development Code to decrease the minimum separation distance for a communication tower from 2.5 times the height of the tower to 1.75 times the height of the tower, in order to allow for a 262.25-foot separation distance for an existing 150-foot tall communication tower. The subject property, consisting of 7.81+/- acres, is located on the north side of Sabal Palm Road, approximately one-quarter mile east of Collier Boulevard (C.R. 951), in Section 23, Township 50 South, Range 26 East,Collier County, Florida. [PL20180003511] MOTION to approve by Commissioner Fiala; Seconded by Commissioner Taylor. Carried 5/0 Resolution 2020-172Yes Yes Yes Yes YesYesItem #9A - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 04-74, the Orange Blossom Ranch Planned Unit Development (PUD), to increase the maximum number of dwelling units from 1,600 to 1,950; and providing an effective date. The subject property is located on the north and south sides of Oil Well Road (C.R. 858) approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida consisting of 616+/- acres. [PL20180003155] (This item is a companion to Agenda Item #11E)Continued to the October 13, 2020, BCC Meeting -- ---Item #10A - Discuss and appoint a member of the Board of County Commissioners to the Affordable Housing Advisory Committee in accordance with approved 2020 legislative changes to Section 410.9076, Florida Statutes outlined in HB1339 which requires an elected official to sit on the Affordable Housing Advisory Committee (AHAC) and participate in regional bi-annual meetings. (This is a Companion to Agenda Item #17D) MOTION to appoint Commissioner Taylor by Commissioner Saunders; Seconded by Commissioner Solis. Carried 4/1 (Commissioner McDaniel opposed)Resolution 2020-173Yes Yes Yes Yes NoYesItem #10B - Advertise an ordinance for future consideration that would amend Ordinance No. 75-16, as amended, to establish a rotation for serving as Chairman and Vice-Chairman of the Board of County Commissioners. (Commissioner Saunders)MOTION to approve by Commissioner McDaniel; Seconded by Commissioner Taylor. Carried 5/0No No No Yes YesNoItem #11A - Accept an update on the distribution of Coronavirus Relief Fund (CRF) allocations under the CARES Act, provide Board direction to staff on applications for reimbursement from County, municipal and public safety providers under the Community Health & Services Initiatives allocation of the CRF, and to approve a Post-COVID Recovery Marketing Plan to be reimbursed by CRF funding. (Sean Callahan, Executive Director, Corporate Business Operations) MOTION to accept report, bring back at November Meeting with an updated report, reopen protals and continue processing applications with an emphasis on needs of those in the community by Commissioner FIala; Seconded by Commissioner McDaniel. Carried 5/0Yes Yes Yes Yes YesYesItem #11B - A Resolution authorizing the issuance of not exceeding $92,000,000 in aggregate principal amount of Collier County, Florida Special Obligation Revenue Bonds, Series 2020A to finance the acquisition, construction and equipping of various capital improvements and refinance certain outstanding indebtedness of Collier County; and not exceeding $26,000,000 in aggregate principal amount of Collier County, Florida Taxable Special Obligation Revenue Bonds, Series 2020B to purchase certain real property; making certain covenants and agreements with respect to said bonds; authorizing the awarding of said bonds pursuant to a public bid; delegating certain authority to the County Manager for the award of the bonds and the approval of the terms and details of said bonds; authorizing the publication of a Notice of Sale for the bonds or a summary thereof; authorizing the distribution of a preliminary official statement; appointing the paying agent and registrar for said bonds; establishing a book-entry system of registration for the bonds; authorizing the execution and delivery of a continuing disclosure certificate; providing for an effective date; and approve all necessary FY 2021 budget amendments. (Mark Isackson, Director of Corporate Financial Planning and Management Services)MOTION to adopt by Commissioner Taylor; Seconded by Commissioner Solis. Carried 5/0Resolution 2020-174Yes Yes Yes Yes YesYesItem #11C - A Resolution authorizing the condemnation of those fee simple and easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of 16th Street NE and Massey Street from Collier Boulevard to south of Mockingbird Drive (Project No. 60168). MOTION to approve by Commissioner Fiala; Seconded by Commissioner McDaniel. Carried 5/0Resolution 2020-175Yes Yes Yes Yes YesYesItem #11D - Award Agreement No. 19-7583, “Design Services for the NESA Wellfield,” in the total amount of $7,114,968, for the North East Service Area (NESA) Wellfield, to CDM Smith Inc., with authorization to issue an initial purchase order for Phase 1, in the amount of $1,758,435.90, followed by future purchase order modifications for subsequent phases, subject to Board Approval and as dictated by Board-approved funding, in support of the NESA Wellfield (Project 70194).MOTION to approve by Commissioner Solis; Seconded by Commissioner McDaniel. Carried 5/0 Yes Yes Yes Yes YesYesItem #11E - A Developer Agreement for Excavated Material between RP Orange Blossom Owner, LLC (OBR) and the Board of County Commissioners of Collier County (County) to provide an option to purchase excavated fill for use on County projects.MOTION to approve by Commissioner McDaniel; Seconded by Commissioner Taylot. Carried 5/0Yes Yes Yes Yes YesYesItem #11F - Accept the completed Annual Performance Appraisal for the County Manager.MOTION to accept the report by Commissioner Taylor; Seconded by Commissioner Solis. Carried 5/0Yes Yes Yes Yes YesYesItem #12A - The Annual Performance Appraisal for the County Attorney.MOTION to accept the report by - Approved 5/0Yes Yes Yes Yes YesYesItem #12B - The Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2023.MOTION to approve by Commissioner Taylor; Seconded by Commissioner Solis. Carried 5/0Yes Yes Yes Yes YesYesAGENDA ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - An Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specificallyamending the Future Land Use Element and Future Land Use Map and Map series by changing the designation of property from the Urban Designation, Urban Mixed Use District, Residential Subdistrict and the Agricultural/Rural Designation, Rural Fringe Mixed Use District-Sending Lands to the Urban Designation, Commercial District, Interchange Activity Center #9 to allow construction of commercial and industrial development. (Adoption Hearing) (This is a Companion to Agenda Item #17B)MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Ordinance 2020-25Item #17B - Adopt an Ordinance approving the Beck Boulevard Rezone for rezoning of a 3.4+/- acre site from the Rural Agricultural (A) and Rural Agricultural-Rural Fringe Mixed Use Overlay-Sending (A-RFMUO-Sending) zoning districts to the Industrial (I) zoning district subject to conditions; providing for partial repeal of Ordinance No. 92-56, a Conditional Use for a telecommunication tower; and providing an effective date. The subject property is located at 3205 Beck Boulevard in Section 35 & 36, Township 49 South, Range 26 East, Collier County, Florida and Sections 1 and 2, Township 50 South, Range 26 East. (PL20190002018) (This is a Companion to PL20190002017-3205 Beck Blvd GMPA, Agenda Item #17A)MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Ordinance 2020-26Item #17C - Petition VAC-PL20190002863, to disclaim, renounce and vacate the County and the public interest in a portion of the Pelican Bay Improvement District Drainage Easement (P.B.I.D.D.E.), as recorded in Official Record Book 790, Page 1803 of the Public Records of Collier County, Florida, located approximately 540 feet west of the intersection of Pelican Bay Boulevard and Nicholas Boulevard, located in Section 4, Township 49 South, Range 25 East, Collier County, Florida.MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Resolution 2020-169Item #17D - Adopt an amendment to Ordinance 2013-27 to align the Ordinance with approved 2020 legislative changes to Section 420.9076, Florida Statutes outlined in HB1339 which changes the composition of the Affordable Housing Advisory Committee and the frequency of its reporting. MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Ordinance 2020-27Item #17E - Adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2020-21 Adopted Budget.MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Resolution 2020-170Item #17F - Adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2019-20 Adopted Budget.MOTION to approve by Commissioner Taylor; Seconded by Commissioner Fiala. Carried 5/0Resolution 2020-171VOTESVOTES