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03/28/2023FEBRUARY 28, 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 McDaniel; Seconded by Commissioner LoCastro- Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - BCC Budget Meeting Minutes for January 10, 2022 Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal- Approved and/or Adopted w/changes – 5/0Item #10A - Have the Board discuss the request by Quiet Florida to reduce the noise pollution from illegal vehicle modifications. (Sponsored by Commissioner Saunders) (All Districts) Motion to evaluate/find facts and work with Sheriff on potential education for youth by Commissioner Saunders; Seconded by Commissioner McDaniel - Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #10D -The Board prohibit any connection of 24th Ave NW (Now Autumn Oaks Lane), Hidden Oaks Lane, Spanish Oaks Lane, Golden Oaks Lane, Standing Oaks Lane, Shady Oaks Lane, Bur Oaks Lane, and English Oaks Lane to Logan Blvd. (Sponsored by Commissioner Saunders) (All Districts) Motion to bring a resolution stating none of the roads will be connected to Logan Blvd by Commissioner Saunders; Seconded by Commissioner McDaniel – Approved 4/1 (Commissioner Kowal opposed)Resolution 2023-40Yes Yes Yes Yes NoYesItem #10E - The Board prohibit any connection of Rock Road to the future Vanderbilt Beach Road Extension. (Sponsored by Commissioner Saunders) (All Districts) Motion to bring a resolution by Commissioner Saunders; Seconded by Commissioner McDaniel – Accepted 4/1 (Commissioner Kowal opposed)Resolution 2023-41Yes Yes Yes Yes NoYesItem #11A - Approve the partial releases of a code enforcement liens with an accrued value of $860,230.36 for payment of $16,623.98 in the code enforcement actions titled Board of County Commissioners v. Tarpon IV LLC. Special Magistrate Case Nos. CEPM201000018647 and CEPM20170007818 relating to property, Folio No. 40687400009, Collier County, Florida. (James French, Growth Management and Community Development Department Head) (District 5) Motion to approve item as written by Commissioner Saunders; Seconded by Commissioner Hall – Approved 5/0Yes YesYes Yes YesYesItem #11B - Award Invitation to Bid No. 23-8076, “Beach Compatible Sand Supply for Emergency beach fill,” to Vulcan Construction Materials, LLC, Stewart Materials, LLC, and Garcia Mining Company, LLC, authorize the Chairman to sign the attached Agreements, and make a finding that this item promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders - Approved 5/0Yes Yes Yes Yes YesYesItem #11C - An update on the status of acquisitions in the already Board approved Conservation Collier Land Acquisition Cycles and Multi-Parcel Projects, review Cycle 11B proposed Conservation Collier Active Acquisition List (AAL) and direct staff to complete Cycle 10 and 11A acquisitions and return to the Board in the last quarter of 2023 to consider Cycle 11B and potentially Cycle 12. (Summer Araque, Environmental Supervisor, Conservation Collier Program) (All Districts) Motion to approve with options to pursue other available agency partnerships by Commissioner Saunders; Seconded by Commissioner McDaniel- Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #11D - Approve an increase of authorized expenditures through an exemption from the Competitive Process to JW Marriott Marco Island for tourism promotional expenses up to $85,000 per fiscal year for a five-year period and to make a finding that this expenditure promotes tourism, and that the exemption waiver is the best interest of the County. (Via separate requests of Commissioners Saunders, LoCastro, and McDaniel)Motion to approve by Commissioner McDaniel; Seconded by Commissioner Saunders – Approved 5/0Yes Yes Yes Yes YesYesVOTES Item #11E - Approve Change Order No. 3 and Change Order No. 4 under Agreement No. 19-7650, Golden Gate Golf Course Redevelopment Project, providing for a time extension of 730 days and a realigning of task funding with a zero-dollar change and to approve payment of invoices for work associated with Change Orders No. 3 & No. 4, which was verbally staff directed prior to approval of those change orders. (Project No. 80412) (Via separate requests of Commissioners Saunders and LoCastro)Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Approved 5/0Yes Yes Yes Yes YesYesItem #11F - Approve an increase of authorized expenditures through an Exemption from the Competitive Process to Visit Florida for membership fees and destination marketing programs up to $150,000 per fiscal year for a five-year period, to allow purchasing card use when the use of purchase order is not possible or practical, to make a finding that these expenditures promote tourism, and that the exemption waiver is in the best interest of the County. (Via separate requests of Commissioners McDaniel and LoCastro)Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro – Approved 5/0Yes Yes Yes Yes Yes YesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem #17A - 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, to provide that Comparable Use Determinations are site specific and add criteria; 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 Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses; and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to Item #16A10) [PL20220000207] (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro- Approved and/or Adopted w/changes – 5/0Ordinance 2023-16Yes Yes Yes Yes YesYesItem #17B - Approve a resolution designating the Close-Out of the adopted Walgreens Planned Unit Development (PUD) which has fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments and to have only one remaining transportation commitment which will be tracked through the Commitment Tracking System. (PL20220002238) (District 2) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro- Approved and/or Adopted w/changes – 5/0Resolution 2023-38Yes Yes Yes Yes YesYesItem #17C - Adopt a resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner LoCastro- Approved and/or Adopted w/changes – 5/0Resolution 2023-39Yes Yes Yes Yes YesYesVOTES