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03/22/2022March 22, 2022 - REGULAR MEETINGMcDaniel LoCastro Saunders Solis Taylor Passed FailedAGENDA ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #2A - Approval of Today's Regular, Consent and Summary Agendas MOTION by Commissioner Saunders; Seconded by Commissioner LoCastro. Carried 4/0 Yes Yes Yes Absent YesYesItem #2B - Approval of the February 22, 2022 Meeting Minutes MOTION by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 4/0 Yes Yes Yes Absent YesYesItem #9A - 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. MOTION under Item #2A (Continued to the April 12, 2022, Per Agenda Change Sheet) by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 4/0 Yes Yes Yes Absent YesYesItem #9B (Moved from Item #16A1) - Recommendation to approve for recording the final plat of Shadowwood – Plat One (Application Number PL20210001045) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $2,467,157.80CONSENSUS to move to Item #9B during agenda discussion: MOTION by Commissioner Taylor to approve adjustments as presented by the County Attorney and agreed to by the developer and neighbors; Seconded by Commissioner Saunders. Carried 4/0 Yes Yes Yes Absent YesYesItem #10A - Recommendation to nominate and appoint four members to the County Government Productivity CommitteeMOTION by Commissioner LoCastro to continue item and readvertise - Fails due to lack of a second; MOTION by Commissioner Saunders Reappointing Michael Lyster & Gerald Godshaw. Seconded by Commissioner Resolution 2022-56Yes Yes Yes Absent YesYesItem #11A - Recommendation to accept the after-action report for the 2022 Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycleMOTION by Commissioner LoCastro to Accept After-Action Report; Seconded by Commissioner Saunders. Carried 4/0Yes Yes Yes Absent YesYesItem #11B - Recommendation to approve FY 2022 Budget Amendments to re-allocate Parks Capital Fund (306) dollars from projects which are either finished with residual budget or can be deferred and funded in FY 2023, in an amount up to $1,700,000, to Parks operating accounts for necessary community park maintenance and aesthetic improvements, plus ensure that sufficient dollars exist to fund seasonal summer camp staff.MOTION to Approve by Commissioner Taylor; Seconded by Commissioner Saunders. Carried 4/0 Yes Yes Yes Absent YesYesItem #11C - Recommendation to approve the award of Invitation to Bid (“ITB”) No. 21-7922, “Pelican Bay Services Maintenance Facilities Improvements” to RAM General Contracting & Development, Inc., in the amount of $3,832,911.78, and authorize the Chair to sign the attached Construction Services AgreementMOTION to Approve by Commissioner Saunders; Seconded by Commissioner LoCastro. Carried 4/0 Yes Yes Yes Absent YesYesItem #11D - Recommendation to approve the purchase of insurance for property, boiler & machinery, terrorism, and watercraft hull for a one-year period effective April 1, 2022, in the estimated amount of $4,768,339.42.MOTION to Approve by Commissioner Taylor; Seconded by Commissioner LoCastro. Carried 4/0 Yes Yes Yes Absent YesYesItem #12A - Recommendation that the Board vacate the January 13, 2022, RFP which solicited for Special Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C. Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a recommendation to the Board, or (3) direct Procurement to work with the County Attorney to reissue a modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any other action the Board deems appropriateMOTION by Commissioner Taylor to Vacate RFP; Seconded by Commissioner LoCastro. Carried 4/0. MOTION by Commissioner McDaniel to extend the Special Magistrates Contract 2 Additional Years; Motion Dies for lack of Second. MOTION to Proceed with #3 and bring back to a BCC Meeting prior to the contracts expiration by Commissioner LoCastro; Seconded by Commissioner Taylor. Carried 4/0 Yes Yes Yes Absent YesYesSUMMARY ITEM MOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - An ordinance amending Ordinance No. 02-61, as amended, to amend the external boundaries of the Fiddler’s Creek Community Development District #2, pursuant to Chapter 190.046, Florida StatutesMOTION under Item #2A - Adopted 4/0 Ordinance 2022-09Yes Yes Yes Absent YesYesItem #17B - Amending Ordinance No. 2021-02, as amended, the County Government Productivity Committee Ordinance, to reduce the quorum requirement at meetings from six to four membersMOTION under Item #2A - Adopted 4/0Ordinance 2022-10Yes Yes Yes Absent YesYesVOTESVOTES Item #17C - Petition PL20210002017, to disclaim, renounce and vacate the County and the public interest in the 100-foot right-of-way and easement, described as Tract “G” as recorded in Deed Book 23, Page 47 of the Public Records of Collier County, Florida, located south of Oil Well Road (C.R. 856) near the intersection of Oil Well Road and Oil Well Grade Road in Sections 23 and 24, Township 48 South, Range 28 East, Collier County, FloridaMOTION under Item #2A - Adopted 4/0Resolution 2022-53Yes Yes Yes Absent YesYesItem #17D - an Ordinance of the Board of County Commissioners of Collier County, Florida, to allow a drive-thru restaurant instead of a carwash in the Immokalee 7-Eleven Commercial Planned Unit Development (CPUD) by amending Ordinance Number 2021-22 to add eating places with a drive-thru and grocery stores as permitted uses, remove the car wash use and related developer commitment, reduce the total commercial square footage from 5,650 to 5,250, and increase the maximum two-way PM peak hour net new trips generation limit from 157+/- to 167+/-, on property located at the northwest corner of Main Street (SR 29) and North 9th Street, Immokalee, in Section 4, Township 47 South, Range 29 East, Collier County, Florida, consisting of 3.04+/- acres; and by providing an effective dateMOTION under Item #2A - Adopted 4/0Ordinance 2022-11Yes Yes Yes Absent YesYesItem #17E - a Resolution of the Collier County Board of County Commissioners designating 2,258 acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as “CLH & CDC SSA 18”; pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH & CDC SSA 18, and Stewardship Sending Area Easement Agreement for CLH & CDC SSA 18; approving a Stewardship Sending Area Credit Agreement for CLH & CDC SSA 18; approving a Stewardship Sending Area Easement Agreement for CLH & CDC SSA 18 approving an Escrow Agreement for CLH & CDC SSA 18; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. The subject property is located in Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22 and 23, Township 49 South, Range 28 East MOTION under Item #2A - Adopted 4/0Resolution 2022-54Yes Yes Yes Absent YesYesItem #17F - an Ordinance amending Ordinance number 04-41, as amended, the Collier County Land Development Code, to change the name of the Bayshore Mixed Use Overlay District to the Bayshore Zoning Overlay District and the name of the Gateway Triangle Mixed Use District to the Gateway Triangle Zoning Overlay District, to rename the Bayshore Gateway Triangle Redevelopment Area to the Bayshore Gateway Triangle Community Redevelopment Area; to add prohibited uses, add appearance standards for outdoor display and storage, add a boundary map for the Bayshore Zoning Overlay District and for the Gateway Triangle Zoning Overlay District, add architectural standards for single family homes, and change other development standardsMOTION under Item #2A - Approved 4/0No Ordinance/First of 2 HearingsYes Yes Yes Absent YesYesItem #17G - R resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the FY21-22 Adopted BudgetMOTION under Item #2A - Adopted 4/0Resolution 2022-55Yes Yes Yes Absent YesYes