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11/14/2023NOVEMBER 14, 2023 - REGULAR MEETINGMcDaniel LoCastro Saunders Hall Kowal Passed FailedAGENDA ITEMMOTIONOrdinance/Resolution CLERK TRACKINGItem Added: Motion allowing Commissioner McDaniel to attend the meeting via zoon by Commissioner Kowal; Seconded by Commissioner Saunders Motion allowing Commissioner McDaniel to join the meeting via zoom by Commissioner Kowal; Seconded by Commissioner Saunders - Approved 4/0- Yes Yes Yes Yes YesItem #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 Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0Yes Yes Yes Yes YesYesItem #2B - October 3, 2023, Board Workshop Minutes Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall – Approved – 5/0 Yes Yes Yes Yes YesYesItem #9A - Move from Item #17E (Per Agenda Change Sheet) kept as Item #17E per Commissioner Hall’s request; Moved from Item #17A During Agenda Changes (Companion to formerly Item #16A1 now Item #11D) - Recommendation to approve an Ordinance amending the Collier County Land Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a companion to Item #11D formerly Item #16A1) (Commissioner LoCastro’s request) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Adopted – 5/0Ordinance 2023-63Yes Yes No Yes YesYesItem #11A - Recommendation to accept the Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User Rate and Fee Study and direct the County Manager or her designee to advertise a resolution amending Schedules One, Two, Three, Four, and Five of Appendix A to Section Four of Collier County Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance No. 2001-73, as amended, with effective dates of January 1, 2024, October 1, 2024, and October 1, 2025. (Joe Bellone, Public Utilities Finance Director) (All Districts) Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal - Approved – 5/0Yes Yes Yes Yes YesYesItem #11B - Recommendation to approve an Agreement for Sale and Purchase with 1) Dredge Management Associates, LLC; 2) Clair Williams; 3) Scott Kent Bailey and Christopher Roger Bailey (“Bailey); and 4) Thomas Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon (“Mooney”) under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,665,525, expand the Winchester Head Preserve multi-parcel project area boundary to include the Bailey parcel, and authorize budget amendments to recognize carryforward of $8,800,000 in Conservation Collier Acquisition Fund (1061) and $515,000 in and Conservation Collier Maintenance Fund (1062). (Jaimie Cook, Development Review Director) (District 1, District 5) 1) Dredge Management Associates, LLC – Motion to approve by Commissioner LoCastro; Seconded by Commissioner Saunders - Approved – 3/2 (Commissioner Kowal and Commissioner Hall opposed); 2) Clair Williams – Motion to approve by Commissioner Kowal; Seconded by Commissioner LoCastro – Approved – 5/03) Scott Kent Bailey and Christopher Roger Bailey (“Bailey) – Motion to approve by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved – 5/0; 4) Thomas Mooney, William L. Mooney, Jorja V. Thomas-Murcia, Marie McDavid, and Carmen M. Hankins-Colon (“Mooney”) – Motion to approve by Commissioner Saunders; Seconded by Commissioner Kowal – Approved – 5/0Yes Yes Yes YesYes Yes Yes YesYes Yes Yes YesNo Yes Yes YesNo Yes Yes YesYes Yes Yes YesItem #11C - Recommendation to award Invitation to Bid No. 23-8147, construction of the Big Corkscrew Island Regional Park Phase 2A Access Road, to Quality Enterprises USA, Inc., in the amount of $9,028,810.55, and authorize the Chairman to sign the attached agreement. (District 5) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved – 5/0Yes Yes Yes Yes YesYesItem #11D - Moved from Item #16A1 (Per Agenda Change Sheet) Companion to Item #9B (moved to #9A) formerly Item #17A -Recommendation to approve a Resolution amending Ordinance No. 2004-66, as amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information Meetings and provide an effective date. (This is a companion to Item 9B formerly 17.A) Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Adopted - 5/0Resolution 2023-211Yes Yes Yes Yes YesYesItem #12A - Moved from Item #16K2 (Per Agenda Change Sheet) Then moved back to Item #16K2 in the Consent and Summery (Per Commissioner Saunders during Agenda Changes)-----Item #13A - Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2024. (All Districts)Motion to approve by Commissioner Hall; Seconded by Commissioner Saunders - Approved - 5/0Yes Yes Yes Yes YesYesSUMMARY ITEMMOTIONOrdinance/Resolution CLERK TRACKINGVOTESVOTES Item #17A (This item was moved to Item #9A Per Agenda Change Sheet) Recommendation to approve an Ordinance amending the Collier County Land Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings. [PL20220008172] (This is a companion to Item 16.A.1) (All Districts) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)-----Item #17B - Recommendation to approve an Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed-Use Planned Unit Development (MPUD), by changing the allowed multi-family use on the Residential Tourist (RT) Tract to a maximum of 215 rental units with some affordable housing and to reduce the minimum floor area per multi-family rental dwelling unit to 250 square feet on the RT Tract. The property is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of +/-171.6 acres. PL20230012392 (This is a companion to Item 17.C) (District 3) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-52Yes Yes Yes Yes YesYesItem #17C - Recommendation to approve an Ordinance amending the Government Services, Residential Tourist, and Commercial Subdistrict of the Golden Gate City Sub-Element of the Golden Gate Master Plan Element of the Growth Management Plan to limit the uses on the 6.16± acres identified as Parcel 2 by allowing hotel/motel or timeshare or multi-family or commercial uses; and increasing the multi-family use on Parcel 2 to a maximum of 215 rental units with affordable housing. The subject property consists of 20.1± acres and is located on the south side of Golden Gate Parkway approximately ½ mile west of Collier Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida [PL20230012389] (This is a companion to Item 17.B) (District 3) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-53Yes Yes Yes Yes YesYesItem #17D - Recommendation to adopt a Resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY23-24 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 Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Resolution 2023-210Yes Yes Yes Yes YesYesItem #17E - 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 rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50 South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (District 4)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-54Yes Yes Yes Yes YesYesItem #17F - Recommendation to approve an Ordinance amending the North Naples Medical Park Planned Unit Development (PUD) to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; and to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7. The property is located on the north side of Immokalee Road immediately east of the North Collier Hospital in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. (PL20230003895) (District 2) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-55Yes Yes Yes Yes YesYesItem #17G - Recommendation to adopt Ordinances amending the Collier County Growth Management Plan relating to affordable housing initiatives, specifically the Future Land Use Element, the Golden Gate Area Master Plan Element, the Immokalee Area Master Plan Element, and the Transportation Element to allow affordable housing by right in certain commercial zoning districts with a sunset date, to allow an increase in density for affordable housing, to establish a Strategic Opportunity Sites Subdistrict, and a Transit Oriented Development Subdistrict; and directing transmittal of the adopted amendments to the Florida Department of Commerce. PL20210000660 - Affordable Housing Initiatives GMPA (All Districts)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-56 Ordinance 2023-57 Ordinance 2023-58 Ordinance 2023-59Yes Yes Yes Yes YesYes Item #17H - Recommendation to adopt Ordinances amending the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the US 41 East Overlay to allow certain economic development uses within the Corridor segments, allow increased height and density, and allow certain economic development uses in Regional Centers and Community Centers through incentives; and, specifically amending the Transportation Element and maps to expand the South US 41 Transportation Concurrency Exception Area, furthermore directing the transmittal of the adopted amendment to the Florida Department of Commerce. PL20230000930 - US 41 East Overlay & TCEA Expansion GMPA (District 1, District 4)Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-60 Ordinance 2023-61Yes Yes Yes Yes YesYesItem #17I - Recommendation to approve an Ordinance amending the boundaries of the Radio Road Municipal Service Taxing Unit (MSTU) by amending Ordinance No. 96-84, as amended, and direct staff to reestablish the MSTU’s millage rate at 0.1000 when preparing FY25’s budget. (District 1, District 4) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal Approved and/or Adopted w/changes – 5/0 (From Item #2A; The Consent and Summary Approval/Adoption)Ordinance 2023-62Yes Yes Yes Yes YesYes