01/10/2023JANUARY 10, 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 Saunders; Seconded by Commissioner LoCastro - Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - The Board authorize the new Chairs for both the Board of County Commissioners and the Community Redevelopment Agency to execute all documents approved at both this meeting and those documents which were previously approved but are pending signature. Motion appointing Commissioner McDaniel and Commissioner Kowal to the CRA by Commissioner LoCastro; Seconded by Commissioner Saunders – Approved 5/0; Motion to appointing Commissioner LoCastro as Chair by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0; Motion appointing Commissioner Hall as Vice-Chair by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0 Yes Yes Yes Yes YesYesItem #4A - Proclamation designating January 16, 2023, as a day to remember and celebrate Rev. Dr. Martin Luther King Jr.'s dream. To be accepted by Vincent Keeys, President, Collier County Branch of the NAACP, and other distinguished guests. Motion to adopt the proclamation by Commissioner McDaniel; Seconded by Commissioner Saunders - Adopted 5/0Yes Yes Yes Yes YesYesItem #9A - Deny an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, by changing the zoning classification of the herein described real property from a Commercial Intermediate District (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as Isles Of Capri MPUD, to allow construction of mixed-use development up to 168 feet in actual height including a maximum of 108 multi-family dwelling units, up to 10,000 square feet and 200 seats of restaurant and membership clubs, a marina including up to 64 wet slips, a 258-unit dry boat storage facility, and a ships store and dockmaster’s office limited to 1,000 square feet, and 6,000 square feet of general offices, plus accessory indoor and outdoor recreation uses and parking structures without limitation. The subject property is located on the Isles of Capri on both north and south of Capri Boulevard, consisting of 5.32± acres; providing for repeal of Resolution No. 92-588 relating to setback variances and Resolution No. 93-370 relating to a parking variance for boat slips; and by providing an effective date. [PL20210002314] (This is a companion to Item #9B, GMPA-PL20200002313 Isle of Capri Mixed Use Infill Subdistrict Growth Management Plan Amendment.) (District 1) Ordinance 2023-02: Motion to approve both A & B with the following stipulations: Stipulated Hight – 122 ft; Units – 80; Affordable Housing component of $5000/unit at C.O.; Flow Culverts; Enhancement of Sewer lines (if the money isn’t expended on the culverts or on the sewer lines the money reverts to the affordable housing trust fund) by Commissioner McDaniel: Seconded by Commissioner LoCastro – Approved 5/0 Yes Yes Yes Yes YesYesItem #9B - Approve deny (Per Agenda Change Sheet) an Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan by changing the Land Use Designation of property to Urban, Urban Mixed Use District, Isles of Capri Mixed Use Infill Subdistrict to allow construction of a maximum of 108 residential units, up to 10,000 square feet and 200 seats of restaurant and Membership Clubs, a Marina including up to 64 wet slips, a 258-unit dry boat storage facility and a ships store, retail and/or Dockmaster’s office limited to 1,000 square feet and 6,000 square feet of C-3, Commercial Intermediate District uses. The subject property is located on the Isles of Capri on both North and South of Capri Boulevard, consisting of 5.32± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20210002313] (Adoption Hearing) (This is a companion to Item #9A, PL20210002314). (District 1) Ordinance 2023-03: Motion to approve both A & B with the following stipulations: Stipulated Hight – 122 ft; Units – 80; Affordable Housing component of $5000/unit at C.O.; Flow Culverts; Enhancement of Sewer lines (if the money isn’t expended on the culverts or on the sewer lines the money reverts to the affordable housing trust fund) by Commissioner McDaniel: Seconded by Commissioner LoCastro – Approved 5/0Yes YesYes Yes YesYesItem #9C - An ordinance repealing Ordinance No. 22-43, which requires residential landlords to provide 60 days written notice of a rental increase over 5% to tenants with leases of one year or longer. (All Districts) Ordinance 2023-01: Motion to approved by Commissioner Hall: Seconded by Commissioner Kowal - Adopted 4/1 (Commissioner Saunders opposed)Yes Yes No Yes YesYesVOTES
Item #10A - Adjust the Board’s calendar by eliminating the summer recess and thus provide for year-round meetings. (All Districts) Motion to work through the summer by Commissioner McDaniel; Seconded by Commissioner LoCastro - Approved 4/1 (Commissioner Saunders opposed)Yes Yes No Yes YesYesItem #10B - The County Attorney to advertise, and bring back for a public hearing, an Ordinance which would create the unpaved private road emergency repair municipal service taxing unit by authorizing a levy of not to exceed one (1.0) mil of ad valorem taxes per year. (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes YesYesItem #11A - Award Construction Invitation to Bid (“ITB”) No. 22-7992R, “Palm River Public Utilities Renewal Project Areas 1 and 2,” to Haskins, Inc., in the amount of $15,579,339.85, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (Matt McLean, Public Utilities Engineering Division Director) (This is a companion to Item #11B) (District 2) Motion to approve by Commissioner Saunders; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes YesYesItem #11B - Award Request for Professional Services (“RPS”) No. 22-7998, "Construction Engineering and Inspection Services for Palm River Public Utilities Renewal Project," to Stantec Consulting, Inc., in the total amount of $7,148,209.57, authorize staff to issue an initial purchase order in the amount of $2,521,148.57, to be followed by future purchase order modifications subject to Board approval, and as dictated by Board-approved funding under Projects 70257 and 60234. (Matt McLean, Public Utilities Engineering Division Director) (This is a companion to Item #11A) (District 2) Motion to approve by Commissioner Saunders; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes YesYesItem #11D - The Board of County Commissioners, acting ex-officio as the Governing Board of the Collier County Water-Sewer District adopt a resolution accepting the proposal of JPMorgan Chase Bank, N.A., to purchase from the Collier County Water-Sewer District (District) a Series 2023 taxable bond in order to refund all of the District’s Water and Sewer Refunding Revenue Bonds, Series 2016, for net present value interest savings; approve the form of a bond purchase and exchange agreement (with respect to the Series 2026 tax-exempt bond); authorize the issuance of a Collier County Water and Sewer District Refunding Revenue Bond, Series 2023 in the principal amount of not to exceed $52,000,000 and providing for the potential exchange of such Series 2023 Bond for a Collier County Water and Sewer District Refunding Revenue Bond, Series 2026 in 2026; delegate certain authority to the Board Chairman and other appropriate officers of the County for the execution and delivery of the bond purchase and exchange agreement; authorize the execution and delivery of an escrow deposit agreement and appointment of an escrow agent thereto; and authorize allnecessary budget amendments. (Edward Finn, Deputy County Manager) (All Districts) Resolution 2023-09 /CWS 2023-01: Motion to approve by Commissioner Saunders; Seconded by Commissioner Hall - Adopted 5/0Yes Yes Yes Yes YesYesItem #11E - This Item continued from the June 28, 2022, BCC Meeting and further continued from the September 13, 2022, BCC Meeting. Recommendation to approve a Second Amendment to the Major User Agreement for Delivery and Reuse of Irrigation Quality ("IQ") Water with the Riviera Golf Club/Lucky Two Golf, LLC, to provide a revised termination date due to facility closure. (District 4)Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Approved 5/0Yes Yes Yes Yes YesYesItem #12A - Report to the Board by the County Attorney on the Issue of Paying Full Appraised Value for Conservation Collier properties. (All Districts) Resolution 2023-10: Motion to approve with the clarification of the language for purchases not to exceed appraised value by Commissioner Hall; Seconded by Commissioner Saunders - Approved 5/0Yes Yes Yes Yes YesYes
Item #12B - Report to the Board of County Commissioners in response to Public Comments at the December 13, 2022, Regular Meeting regarding potential conditions required by a COVID-19 Extra Mile Migrant Farmworker grant. (All Districts)Motion to bring back detailed information about what is being provided related to healthcare at a future BCC Meeting by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 5/0Yes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A -Adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts) MOTION to Approve Resolution 2023-08Yes Yes Yes Yes YesYesVOTES