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11/08/2022NOVEMBER 8, 2022 - REGULAR MEETINGMcDaniel LoCastro Saunders Solis Taylor 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 McDaniel; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Yes Yes Yes Yes YesYesItem #2B - BCC Meeting Minutes for October 11, 2022MOTION to approve as presented by Commissioner McDaniel; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent) Yes Yes Yes Yes YesYesItem #9A - This Item has been continued to a later BCC Meeting TBD. 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 16.3± acres 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. [PL20220002807] Companion to [PL20220002221] This Item has been Continued to a later BCC Meeting TBD.-----Item #9B - This Item has been continued to a later BCC Meeting TBD. 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 an ordinance of the Board of 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 PL20220002807) [PL20220002221] This Item has been Continued to a later BCC Meeting TBD.-----Item #11A - This Item Continued from the September 27, 2022, BCC Meeting. Recommendation to approve the Cycle 11A Conservation Collier Active Acquisition List (AAL) and direct staff to pursue projects recommended within the A-Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). (Summer Araque, Principal Environmental Specialist, Conservation Collier Program) (All Districts) Continued to the December 13, 2022, BCC Meeting (Per Agenda Change Sheet)Item #11B - Recommendation to accept a project update to NCWRF Pretreatment Facility Project No. 70149 currently under design with AECOM Technical Services (AECOM) through Agreement No. 20-7722-NS. (Matt McLean, Public Utilities Engineering Director) (District 2) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesItem #11C - Recommendation to award Construction Invitation to Bid (ITB) No. 22-8019, “Churchill Circle Water Main Replacement” to Douglas N. Higgins Inc., in the amount of $1,295,947, and authorize the Chairman to sign the attached Agreement. (Project #71010) (Matt McLean, Public Utilities Engineering Director) (District 3) Motion to approve by Commissioner Solis; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesVOTES Item #11D - Recommendation to award Construction Invitation to Bid (ITB) No. 22-7965R, “Golden Gate City Transmission Water Main Improvements – Phase 2” to D.B.E. Management, LLC, d/b/a DBE Utility Services, in the amount of $6,737,736, and authorize the Chairman to sign the attached Agreement. (Project #70253 and #51029) (Matt McLean, Public Utilities Engineering Director) (Companion Item to #11E) (District 3) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes Yes Yes YesYesItem #11E - Recommendation to approve the selection committee’s ranking and authorize staff to enter into contract negotiations with AIM Engineering and Surveying, Inc., related to Request for Professional Services (“RPS”) No. 22-8042 for “CEI Services for Golden Gate City Transmission Water Main Improvements,” and bring a proposed agreement back for the Board’s consideration at a future meeting. (Matt McLean, Public Utilities Engineering Director) (Companion Item to #11D) (District 3) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro - Approved 5/0 Yes Yes Yes Yes YesYesItem #11F - Recommendation to approve the award of Invitation to Bid (ITB) No. 21-7932 “Corkscrew Road at Wildcat Drive” to OHLA USA, Inc., in the amount of $2,103,968.10, authorize the Chairman to sign the attached construction services agreement, and approve the attached budget amendment. (Jay Ahmad, Director Transportation Engineering) (Companion Item to #11G) (District 5) Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11G - Recommendation to approve and authorize the Chairman to sign a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) to provide a lump sum deposit in the amount of $105,547.32 to support the Construction Engineering Inspection (CEI) of the roadway safety improvement on Corkscrew Road at Wildcat Drive - Project #60233 which is an FDOT Local Agency Program (LAP) project. (Jay Ahmad, Director Transportation Engineering) (Companion Item to #11F) (District 5)Motion to approve by Commissioner Taylor; Seconded by Commissioner LoCastro – Adopted 5/0Resolution 2022-186Yes Yes Yes Yes YesYesItem #11H - H.Recommendation to accept an update as to the implementation of the East Naples Development Plan and the US41 Zoning Overlay designed to add design standards in accordance with the Plan’s recommendations. (Mike Bosi, Zoning Director) (District 1, District 4) Continued to a Future BCC Meeting (Per Agenda Change Sheet)-----Item #11I - This Item to be heard at 11 AM. This Item continued from the October 25, 2022, BCC Meeting. Recommendation to approve a Collier County Tourist Development Council (TDC) Category “B” Promotion Funds Grant Application for the U.S. Open Pickleball Championship for Fiscal Year 2023 in the total amount of $670,000 within TDC Capital Projects Fund (758); make a finding that this expenditure promotes tourism; and authorize the necessary Budget Amendments. (Paul Beirnes, Tourism Director) (District 4) Motion to approve by Commissioner Solis; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesItem #11J - Recommendation to accept the Annual Business Plan for Paradise Coast Sports Complex from Sports Facilities Management, LLC. (Marissa Baker, Sports Complex Manager) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Solis – Approved 5/0Yes Yes Yes Yes YesYesItem #11K - Recommendation to accept an update from Football University, an entity under the football division of 3 Step Sports, LLC. (Marissa Baker, Sports Complex Manager) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesItem #11L - Recommendation to approve the proposed Collier County State and Federal Legislative and Administrative Priorities for 2023. (John Mullins, Director of Communications, Government & Public Affairs) (All Districts) Motion for the legislative priorities be approved as submitted byCommissioner Taylor; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11M - Recommendation to review the proposed “Rock the Red USA” event as requested by Florida’s Voice and accept staff’s recommendation that the event should be held at the Paradise Coast Sports Complex. (Tanya Williams, Public Services Department Head) (All Districts) Motion to approve by Commissioner LoCastro; Seconded by Commissioner Taylor – Approved 5/0Yes Yes Yes Yes YesYesItem #11N - (Added (Per Agenda Change Sheet)) Recommendation to authorize a budget amendment and accept the State Housing Initiative Partnership (SHIP) Disaster Assistance award in the amount of $334,700 to assist eligible Collier County households whose primary residence sustained damage as a result of Hurricane Ian to pay their insurance deductibles and authorize one temporary FTE (SHIP Grant Fund 791). (Staff’s Request)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYes Item #11O - (Moved from Item #16A6 (Per Agenda Change Sheet)) Recommendation that the Board of County Commissioners accept an after-the-fact donation of sand and sand transportation/delivery from Stewart Materials and Rapid Trucking respectively, received by Collier County in advance of Hurricane Ian’s landfall in the total amount of $2,275.50 (All Districts)Motion to approve by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesItem #11P - (Moved from Item #16A11 (Per Agenda Change Sheet)) Recommendation to approve the cooperative procurement and use of the Pinellas Suncoast Transit Authority Contract No. 21-980369, Florida Electric Transit Buses with Charging and Associated Equipment, for the purchase of 30, 35 and/or 40-foot electric buses for the Collier Area Transit System. (All Districts)Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes YesYesItem #11Q - (Moved from Item #16F4 (During Agenda Changes by Commissioner Taylor)) Recommendation to receive information concerning an Agreement between United Soccer Leagues, LLC, and PARA SFM, LLC, concerning negotiating rights for a potential stadium use agreement at the Paradise Coast Sports Complex. (All Districts)Motion to approve item as written by Commissioner Taylor; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - This item continued from the October 25, 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 changes the distance of the mailed written public notice requirement for variance applications from 1 mile to 1,000 feet for Estates (E) zoned properties located in the Rural and Urban Golden Gate Estates Sub-Elements of the Golden Gate Area Master Plan, 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 Ten Application, Review, and Decision-Making Procedures, including ssection 10.03.05 - Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six Effective Date. [PL20220004350] (All Districts)MOTION to Approve by Commissioner McDaniel; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Ordinance 2022-44Yes Yes Yes Yes YesYesItem #17B - This Item is being continued to the December 12, 2022, BCC Meeting. 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 Petitin VAC-PL20210001872, to disclaim, renounce and vacate the County and the public interest in a protion of the 24-foot drainage easement located along the border between Lots 14 & 15, Block "B" of Palm River Estates, Unit No. 7, as recorded in Plat Book 12, Page 28 of the public records of Collier County Florida, locatedin Section 23, Township 48, South Range 25 East, Collier Count, Florida and accept Petitioner's grant of a drainage Easement to replace the vacated drainage easement.MOTION to Approve by Commissioner McDaniel; Seconded by Commissioner LoCastro. Carried 4/0 (Commissioner Taylor absent)Resolution 2022-185Yes Yes Yes Yes YesYesVOTES Item #17C - This item continued to 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 unincorparated area of Collier County, Florida that revises the procedures and approval process for Comparable Ude Deteriminations within zoning districts except for Planned Unit Developments zoning districts that expressly provide 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 amendint 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 Institutuinal Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts Chapter Ten Application, Review, and Decision-Making Procedures, including Sction 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Convlicct and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings)This Item is Continued to the December 13, 2022, BCC Meeting.