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Agenda 06/12/2018 Item # 2C06/12/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: May 22, 2018 BCC Meeting Minutes Meeting Date: 06/12/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 06/05/2018 8:52 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 06/05/2018 8:52 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 06/05/2018 8:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM 2.C Packet Pg. 16 May 22, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 22, 2018 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Andy Solis William L. McDaniel, Jr., Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance & Accounting Troy Miller, Communications & Customer Relations May 22, 2018 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Thank you very much. Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Thank you, Mr. Manager. Welcome, everyone, to the May 22nd Board of County Commissioners meeting. We'll begin today with the invocation by Pastor Karl Galik. PASTOR GALIK: Pretty close. CHAIRMAN SOLIS: Galik -- of Peace Lutheran Church. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR GALIK: Thank you for the privilege of opening up today in prayer and for your services. As important and incredible as the honor is, there's even a greater honor today I wanted to bring to your attention and, that is, this very day I've been married 42 years to the same woman. (Applause.) PASTOR GALIK: Thank you. It's not only a sneaky way to get it on the public record, but it also occurred to me that it's an opportunity to say thank you, because we'll celebrate today in Collier County, and we'll drive the roads that you've been working on, be secure from the services that you provide, find opportunity to celebrate, and it will all be invisible, because we'll be focused on each other and the God-given gifts that he's provided over those 42 years. But I will still enjoy and appreciate and celebrate because of the work that you guys have done in the background, in the parking-lot meetings, often thanklessly. So as you continue your meeting, as you frustratingly go through May 22, 2018 Page 3 many of the issues which are yours, consider I won't be thinking about it. I will be celebrating as a result of your work. Let's pray. Lord God, thank you for the services, for the servants, and for the opportunity that we have together to begin in your name and asking for your blessings on those who serve, oftentimes, thankless jobs, hidden opportunities, agendas, and lists that turn into opportunities for celebrations, for meetings and gatherings, for security and safety in this county we call Collier. For your blessings outpoured, we thank you, asking that you continue to give them; that we might use them wisely. We pray in our Lord's name. Amen. CHAIRMAN SOLIS: And today we have some opportunities here from -- well, from the Community School, correct. And I have now lost my sheet. I apologize. MR. OCHS: Mr. Chairman, I have it. CHAIRMAN SOLIS: Here we are. I have it. Thank you. So welcome, everyone. Today we welcome four students from the Community School of Naples visiting us as part of their May term. John Neumann is co-captain of the Academic Quiz Team and in June of this year will be attending Georgetown University, the international relations class. Madison DaHaan loves studying history and English and is co-president of CSN's Harvard Model Congress Club. Noah Balamut loves -- is vice president of the Rho Kappa History Honor Society and will be participating in Georgetown University's National Security Encounter Intelligence Program this summer. And Anna Bartoux emigrated to the United States from France at the beginning of her 10th grade year and plans on applying to Georgetown University School of Foreign Service with the long-term goal of becoming the U.S. Ambassador to France. Great goal. May 22, 2018 Page 4 Very good. So, John, if you will lead us in the pledge, please. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – APPROVED AND/OR ADOPTED W/CHANGES – APPROVED; COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM #16A3 MR. OCHS: Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of May 22nd, 2018. We have one proposed change to the agenda, and that is to move Item 17C from your summary agenda to become Item 9D, and that is a request made by Commissioner Fiala. This is a proposed amendment to your impact fee ordinance encouraging the development of affordable rental housing. This was an action that the Board took at your April 28th meeting, and she has asked to move that to your public hearing, the regular agenda, for discussion. I do have three time-certain reminders this morning, Commissioners. Item 9C, this is the public hearing for the Land Development Code amendment regarding medical marijuana dispensaries, will be held at 5:05 p.m. this evening. Item 11A will be heard at 10 a.m.; that is the application from the City of Marco Island for a certificate of public convenience and necessity. And Item 11C will be heard at 11 a.m.; that is a presentation by staff from your parks and recreation division regarding their updated master plan. May 22, 2018 Page 5 Those are all the changes that I have today, Mr. Chairman. CHAIRMAN SOLIS: Thank you. Any other changes? MR. KLATZKOW: None, sir. CHAIRMAN SOLIS: Okay. We'll have approval of the regular and consent and summary agendas. Do we have any other changes to the agenda? COMMISSIONER McDANIEL: I have no changes to the agenda nor any ex parte on the consent or summary. COMMISSIONER FIALA: I also -- CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: -- have no changes, no corrections or anything on the agenda. I just have a few things to declare but on consent agenda. CHAIRMAN SOLIS: On the consent agenda? COMMISSIONER FIALA: Yes. 16A5, which is the Antilles project, and I spoke with the attorneys and with the applicant way back, like two years ago, and also we discussed it at a commission meeting in December, and I've had discussions with commissioners -- commission -- Planning Commission members and emails from the community. That's the only thing I have to declare. CHAIRMAN SOLIS: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Nothing to declare. COMMISSIONER SAUNDERS: And I have nothing as well, and no ex parte. CHAIRMAN SOLIS: I have no ex parte. I do have a conflict and won't vote on 16A3 on the consent agenda. So do we have a motion to approve? COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and a second. All in May 22, 2018 Page 6 favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Agenda's approved. May 22, 2018 Page 7 Items #2B & 2C REGULAR MEETING MINUTES FROM APRIL 24, 2018 AND MINUTES FROM THE MAY 1, 2018 WORKSHOP – APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the Board of County Commissioners meeting minutes of April 24th, 2018. COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: They're approved. MR. OCHS: Item 2C is approval of the May 1st, 2018, BCC Blue Zone workshop meeting minutes. COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. May 22, 2018 Page 8 CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Those minutes are approved as well. MR. OCHS: Commissioners, that takes us to our employee service awards. We have several employees that we have the pleasure of recognizing this morning. If you'd please join me in front of the dais for the presentation. COMMISSIONER FIALA: Feels like I'm standing next to a tree. COMMISSIONER McDANIEL: I am the tree. Item #3A AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES MR. OCHS: Commissioners, we'll begin this morning by recognizing four of our county teammates celebrating 20 years of service with county government. The first 20-year recipient from our library system is David Chalick. David? (Applause.) COMMISSIONER FIALA: Thank you for your service. MR. OCHS: Congratulations. (Applause.) MR. OCHS: Celebrating 20 years of service with EMS, Joe Saldana. Joe? (Applause.) COMMISSIONER TAYLOR: My neighbor and his wife teach at Lake Park. MR. OCHS: Get over there and get your picture first, Buddy. You know the rules. Congratulations. May 22, 2018 Page 9 (Applause.) MR. OCHS: Celebrating 20 years with our Solid and Hazardous Waste Division, Steve Sarabia. Steve? (Applause.) MR. OCHS: And our final 20-year service award recipient who also should be receiving hazardous-duty pay for putting up for 20 years with me and Nick, from the County Manager's Office, Mary-Jo Brock. (Applause.) COMMISSIONER TAYLOR: Twenty years, right? MS. BROCK: Crazy. CHAIRMAN SOLIS: Seems like an eternity. COMMISSIONER McDANIEL: Are we talking -- COMMISSIONER TAYLOR: Everybody put our arms around Mary-Jo because she's all of ours. (Applause.) COMMISSIONER TAYLOR: She's getting out of Dodge, everyone. MR. OCHS: Through the back door. Everybody needs a back entrance. AWARDS AND RECOGNITIONS – 25 YEAR ATTENDEES Okay. Now we move on to our 25-year service award recipients. Celebrating 25 years with our road maintenance section, Mike Patten. Mike? (Applause.) COMMISSIONER FIALA: Thank you for sticking with us. (Applause.) MR. OCHS: Thank you. AWARDS AND RECOGNITIONS – 30 YEAR ATTENDEES May 22, 2018 Page 10 Commissioners, we have the honor this morning of celebrating 30 years of county service for two of our team members. First from EMS, 30 years of service, Dave Becker. Dave? (Applause.) Item #3C AWARDS AND RECOGNITIONS – RETIREES MR. OCHS: Our final award this morning, Commissioners -- from time to time we have a chance to recognize some of our recent retirees, and we're pleased this morning to welcome back from our Water Department after 17 years of service with county government, Connie Demes. Is Connie here? Connie? (Applause.) MR. OCHS: Congratulations, Connie. (Applause.) MR. OCHS: Commissioners, that -- I'm sorry. I'm so sorry. I have one more 30-year county employee to recognize this morning; 30 years of service with our road maintenance department, Chai Isaroskul. (Applause.) MR. OCHS: I'll have to buy him breakfast for that. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS – ADOPTED Item #4A May 22, 2018 Page 11 PROCLAMATION DESIGNATING MAY 2018 AS NATIONAL DRUG COURT AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY THE HONORABLE JANEICE MARTIN, PRESIDING JUDGE OF THE COLLIER COUNTY DRUG COURT AND PARTICIPANTS OF THE DRUG COURT TEAM – ADOPTED Mr. Chairman, that moves us to today's proclamations. Item 4A is a proclamation designating May 2018 as National Drug Court Awareness Month in Collier County to be accepted by Janeice Martin, presiding judge of Collier County drug court; Sergeant Leslie Weidenhammer, Collier County Sheriff's Office Mental Health Unit; LaTrenda Small-Harris, drug treatment court coordinator; Ashley Garcia and John Brewer from the David Lawrence Center; and participants of the Collier County drug court system. If you'd all please step forward and receive your proclamation. (Applause.) JUDGE MARTIN: Come on up, guys. Come on up, guys. They're on a schedule. (Applause.) JUDGE MARTIN: Mr. Chairman and Commissioners, Leo and Nick and all of the distinguished persons in the room, Dr. Weiss and Dr. Tober and Leslie Lascheid from the Neighborhood Health Clinic, there's so many community partners in the room, and it's really an honor to have just a moment to address you-all. It occurs to me as I was waiting for this -- this, by the way, is a little less than half of our current program in drug court. They look awesome. I'm always so proud to be out and kind of show off the group that we work with. The disease of addiction is one of the most isolating forces in human nature, and it occurs to me to be able to bring people into what May 22, 2018 Page 12 is effectively our town square and have our elected leaders welcome them and applaud them and bring them back into the community and visibly support them is incredibly powerful. And so we thank all of you for giving us the opportunity to do that. I didn't introduce myself; I'm sorry. I'm Judge Janeice Martin, and I have the incredible privilege of presiding over our drug court being part of an awesome team, a few of whom are here, that works together to try to present just really an opportunity. The hard work's done by the men and women that you just got to see. I'm humbled every day by the courage that they display in making a decision to say, you know what, I messed up, I could just do my time and go back to whatever it was that was going on, or I could subject myself to a 12- to 15-month-long intensive, rigorous program that demands absolute honesty, and I can face down whatever these demons were that brought me into this mess and actually try to deal with it and try to repair the damage and make my victims whole, bring my family back together, and do that. That's a whole lot harder than doing time. And so I'm incredibly proud every time I get a chance to come out and see you-all and thank you-all for your support. You're making a difference here, and we really do appreciate that. Thank you. (Applause.) CHAIRMAN SOLIS: I'd also like to thank Judge Martin and the Sheriff's Department, Sergeant Weidenhammer and all of the community partners that help this program work. As you can see, it's changing people's lives. So thank you for all you do. JUDGE MARTIN: Thank you. (Applause.) Item #4B May 22, 2018 Page 13 PROCLAMATION DESIGNATING MAY, 2018 AS NATIONAL WATER SAFETY MONTH IN COLLIER COUNTY. ACCEPTED BY DR. ALLEN WEISS, NCH HEALTHCARE SYSTEM CEO AND PRESIDENT; PAULA DIGRIGOLI, NCH SAFE & HEALTHY CHILDREN'S COALITION EXECUTIVE DIRECTOR; KONNIE PURCELL, COLLIER COUNTY SHERIFF'S OFFICE YOUTH RELATIONS; AND CINDY WHETSELL, FLORIDA DEPARTMENT OF HEALTH IN COLLIER COUNTY – ADOPTED MR. OCHS: Item 4B is a proclamation designating May 2018 as National Water Safety Month in Collier County. To be accepted by Dr. Allen Weiss, CEO and president of the NCH Healthcare system; Paula DiGrigoli, executive director of the NCH Safe and Healthy Children's Coalition; Konnie Purcell, Collier County Sheriff's Office Youth Relations; Cindy Whetsell, Florida Department of Health in Collier County; and, of course, Stewie the Duck, our Collier County Water Safety mascot. (Applause.) COMMISSIONER FIALA: You know, we're going to have a swimming pool opening pretty soon, and none of those guys know how to swim, so these people are going to help them. I appreciate that. MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli. I'm the executive director of the NCH Safe and Healthy Children's Coalition. And I want to thank you, County Commissioners, for proclaiming Water Safety Month today for May 2018. I'm glad to report that our drowning rates are coming down. According to the three ERs from NCH Healthcare System, we have seen a 33 percent decrease; however, according to the Medical Examiner of Collier County, we still have drowning the leading cause of death of children ages one to four, and Florida continues leading the nation for drowning deaths. May 22, 2018 Page 14 Florida Department of Health estimates that over three to four preschool classrooms (sic) every single year die because of -- due to drowning. The good news, it's 100 percent preventible, and we have, through the coalition and partnership that we have, wonderful with different organizations like NCH Healthcare System; the Collier County Sheriff's Office; U.S. Coast Guard Flotillas 93, 95, 96; EMS; the Early Learning Coalition; North Collier Fire; Greater Naples Fire; Marco Island Fire; Parks and Recreation has been outstanding through -- you know, through our work at the City of Naples; the Pilot Clubs; Swimtastic; and Kiwanis. I can go on and on and on. We have over 70 agencies that are working together. We understand that no one solution is going to prevent this tragedy. We follow the National Drowning Prevention Alliance message that is layers of protection, and that is what we're trying to do; build these layers to prevent these tragedies to continue happening in Collier County. One of them is Swim Central where we get funding from the Naples Children Education Foundation to teach over 1,100 children every year for 10 days water safety. We have done over 5,000 children and 47,000 water-safety lessons since the program was implemented in 2012. The Life Jacket Loaner Program that Commissioner Fiala was very instrumental for us to implement it, is managed by the U.S. Coast Guard Flotillas, and right now we have -- in audience we have Vice Commander George Carmisa (phonetic) and Pierre Barua (phonetic) from Flotilla 93, who they check the condition of the life jackets, the 15 locations, along with the 96 and 95 Flotillas. Also, Stewie the Duck, who is our water-safety mascot, he has done visited over, I will say, I don't know, 15 preschools in the last two -- two months, and over the month I will say he has visited and seen over 10,000 children and parents in Collier County. May 22, 2018 Page 15 I checked yesterday, the world largest swimming lessons, the Guinness world of record, we still, Sun Fun and Lagoon (sic) still holds the record for the largest swimming lessons conducted on June 20, 2014, with 1,308; the worst day of my life, I will say. And then, definitely, we are very excited about the Eagle Lakes new pool. We know that we are going to -- because sometimes we were transporting the kids from East Naples to the City of Naples, to the Golden Gate pool, and the kids were longer in the bus than in the pool. But now, having Eagle Lakes and all the support that we get from Barry Williams and everybody in Collier County Parks, we appreciate, because we know that together we will achieve and sustain a zero drowning. And I know Dr. Weiss, the CEO, would like to say a couple words. DR. WEISS: Thank you, Paula. And thank you, Commissioners, for your leadership and getting us together. I just want to continue in Judge Martin's comments in that collaboration, and here we have over 70 different groups in the community coming together for a problem that previously was recognized but not worked on. And having a third decrease in drowning rates is tremendous for the families, obviously, for the children, also just in terms of using the resources of our community in a much better way. The idea of collaborating to have the healthiest and happiest community in the nation, which we are, the metropolitan statistical area, number one for three years in a row and actually going ahead and also having the longest life expectancy. So every time a child doesn't drown, it adds to that -- obviously, there are other reasons to have a longer life expectancy -- two-tenths of the year longer. Sadly, the rest of the nation's life expectancy has decreased for May 22, 2018 Page 16 two years in a row; the first time that's happened since 1963. Part of the opioid epidemic and everything else. So we have a great community, great leadership. I'm proud to be a member of this community for the past 41 years and particularly pleased that Paula's been with this since the beginning, literally the inception of the Safe and Healthy Children's Coalition of Collier County in addition to drowning prevention, co-sleeping, childhood obesity, kids running a marathon, basically, elementary school kids, over a period of weeks, culminating and running the final mile in their local high school. So it's a great cooperation with everybody together making the wonderful community it is. Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING MAY 2018 AS MOTORCYCLE SAFETY AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LYNN CORR, FRED CORR, WILL BREEN, RON JEFFERSON AND SCOTT PIGNATIELLO – ADOPTED MR. OCHS: Item 4C is a proclamation designating May 2018 as Motorcycle Safety Awareness Month in Collier County. To be accepted by Lynn and Fred Corr, Will Breen, Ron Jefferson, and Scott Pignatiello. Please step forward. (Applause.) CHAIRMAN SOLIS: Who gets it? (Applause.) MS. CORR: Thank you, Commissioners and distinguished guests. We do this every year, motorcycle safety and awareness. I've seen these faces many times, so I think of those -- I think of you as our May 22, 2018 Page 17 friends, and I know we work together for the good of our county. Right now a leading cause of traffic fatalities is distracted driving, and our state is putting on, before the Governor many times, the laws to curb distracted driving, and that affects all of us, but it affects the motorcycle world a lot. Statistically -- I don't have the numbers, but statistically there are more motorcycle deaths due to distracted driving right now than to drunk driving. So this is something that is very important to us; something that is on our hearts. We've lost many members to this. So we thank you very much for making May a safety awareness month for motorcyclists, but it's also for bicyclists, it's for pedestrians, it's for car riders, it's for all of us who want to use our roads, which we -- as many of us know, when you go out of our county, roads are not the same, and we thank you for that, but we also ask that we keep ourselves in check with distracted driving because it's good for all of us. So thank you very much. (Applause.) Item #4D PROCLAMATION DESIGNATING MAY 2018 AS TRAUMA AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LESLIE LASCHEID OF THE REGIONAL ADVISORY COMMITTEE ON TRAUMA SERVICES AND CHIEF EXECUTIVE OFFICER, NAPLES NEIGHBORHOOD HEALTH CLINIC – ADOPTED MR. OCHS: 4D is a proclamation designating May 2018 as Trauma Awareness Month in Collier County. To be accepted by Leslie Lascheid, member of the Regional Advisory Committee on May 22, 2018 Page 18 trauma services and chief executive office of the Naples Neighborhood Health Clinic. Leslie, if you'd please step forward. She is joined this morning by Dr. Robert Tober. (Applause.) DR. TOBER: Good morning, everybody. This is National Trauma Month, and we have our -- two of our MedFlight helicopter pilots here today, our battalion chief of MedFlight and our chief of maintenance of our precious helicopter that delivers patients to the trauma center at Lee Memorial Health. We spend an enormous amount of our year in-servicing our paramedics and firefighters in trauma awareness, how to recognize who needs to go to a trauma center. Leslie Lascheid is a relatively new member of our trauma board advisory at Lee Memorial, so I don't want to take over all of this. MS. LASCHEID: No, just thank you very much. Really appreciate it. Thank you. (Applause.) Item #4E PROCLAMATION DESIGNATING MAY 20 - 26 AS EMERGENCY MEDICAL SERVICES WEEK IN COLLIER COUNTY. ACCEPTED BY TABATHA BUTCHER, CHIEF OF COLLIER COUNTY EMERGENCY MEDICAL SERVICES, AND MEMBERS OF THE EMS STAFF – ADOPTED MR. OCHS: Item 4E is a proclamation designating May 20th through May 26th, 2018, as Emergency Medical Services week in Collier County. To be accepted by Tabitha Butcher, Chief of the Collier County Emergency Medical Services Division; members of the May 22, 2018 Page 19 EMS staff; and our medical director, Dr. Robert Tober. (Applause.) CHIEF BUTCHER: Good morning, Commissioners. Tabitha Butcher, Chief of your EMS division. We thank you very much for recognizing EMS Week 2018. This proclamation means a lot to us. We ran over 40,000 calls for service last year and transported over 28,000 patients to the hospital. This job means much more than lights and sirens for these individuals that provide care to patients day in and day out. It's something that they love to do. It's something that they're passionate about. So getting this recognition is very important for them, and we appreciate your support year after year. Thank you. (Applause.) MR. OCHS: Mr. Chairman, if I could get a motion to approve today's proclamations, please. COMMISSIONER McDANIEL: So moved. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: There's a motion and second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: They're approved. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE May 22, 2018 Page 20 CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that takes us to Item 7 on this morning's agenda, public comments on general topics not on the current or future agenda. Mr. Miller? MR. MILLER: Mr. Chairman, we have two registered speakers for public comment today. Your first speaker is Garrett FX Beyrent. He will be followed by Gary Johnson, Jr. Mr. Johnson, if you could come up and stand by the other microphone, please. Thank you. MR. BEYRENT: First of all, I'd just like to request that Commissioner Solis has me sworn in. The reason I'm here is I'm making applications for two federal grants, and I want to establish a time-certain frame of the beginning so that later on, two years from now, I'll be able to go ahead without any question as to when I made the application. So that's basically what I'm doing is I'm raising my hand and swearing I'm here today and that is the reason why. So one of them is the veteran’s administration, and that's the old soldiers' home, and the other one is a bus that goes to Immokalee that has a bathroom on it. And they're both extensive, so that's basically it. CHAIRMAN SOLIS: Thank you. Okay. (The speaker was duly sworn and indicated in the affirmative.) MR. BEYRENT: I do. Thank you very much. MR. MILLER: Your final speaker for public comment is Gary Johnson, Jr. MR. JOHNSON: Thank you, Commissioners, for your time. My name's Grady Johnson, Jr. MR. MILLER: I'm sorry, sir. MR. JOHNSON: That's all right. My handwriting. May 22, 2018 Page 21 I'm a current resident of Collier County, have been -- I'm sixth generation native here. Watched the community grow. I appreciate you guys' service in what you do. I second everything that everybody said today. It's a hard job, and it's very rarely recognized. That being said, I currently live in Everglades City on Plantation Island. As you well know, we took the brunt of Hurricane Irma. And what I'm here today about is I've been in the process researching into building a new home and coming up to the highest codes that we can come up to and standards for my new home. And I'm running into a bit of a roadblock that I wanted to bring to the commissioners' attention. And, currently, Plantation Island is zoned for mobile home or modular housing only. And that is posing a bit of a problem for us that want to reconstruct, and the reason is, as you well know, FEMA's recommending that people like me do not live in mobile homes in those areas for obvious reasons. That being said, speaking with your zoning officials and stuff, which I've already done, they said that the only way to address this would be through you folks, is to bring it to your attention and possibly get it on the agenda to address the zoning issue in Plantation Island to bring it up to, they called it, village residential. I guess Goodland Island is currently village residential, and I believe Chokoloskee Island is village residential. And the reason I bring this to your attention, too, also is I think it's a betterment for my community and the county, because if I can build a what they call a stick home, as you well know, a custom home, A, it's going to go up in value, the taxable value's going to go up, which I don't like that, but that is what it is, but the minute -- if I'm stuck with a mobile home, not only is the cost going to cost me the same amount as a stick home, probably more from what I'm researching, and it's going to go down in value from the time I set it. It's like a car. You drive it off the lot, it's going to start devaluing. May 22, 2018 Page 22 And then the insurance issues that we're going to have down the road. You can get insurance right out of the gate, but when the house is seven, eight, 10 years old, it becomes very difficult to keep it insured for hurricane purposes. So that's the reason I'm here today is try to -- I'm kind of new to this, so I've spoke to the officials at zoning and kind of wanted to bring it to you-all's attention to see if there's something we could get on the agenda to maybe address the issue and allow us to build some standard homes down there and bring things up to code to where we don't have to suffer what we've suffered here through Irma. CHAIRMAN SOLIS: Thank you. Commissioner Saunders? COMMISSIONER McDANIEL: He was first? CHAIRMAN SOLIS: His light went on first. COMMISSIONER McDANIEL: I asked first, but let him go. Wait. Let me hit my button. COMMISSIONER SAUNDERS: But I'll -- COMMISSIONER McDANIEL: No, no. Go ahead. I'm just joking. COMMISSIONER SAUNDERS: We should be doing a lot of things to discourage modular homes and mobile homes. So I think bringing this back on an agenda to direct staff -- at a future meeting, direct staff to take a look at the zoning and correct that, I think, would be the right thing to do. So I would make that motion. COMMISSIONER McDANIEL: And I'll second that motion, third it. Grady, I want you to contact my office, if you get a chance -- if you can hang around till 10:30, we usually take a break about then. I'll get you my personal cell phone number. I feel almost remiss that this is the first time that I'm getting to talk to you. And if our zoning folks shared that you had to come here today -- you shouldn't have had to come here today. A phone call to May 22, 2018 Page 23 me, we would have moved this through the process. MR. JOHNSON: Yeah. It's not a problem. It's nothing -- you know, again, I'm not used to this, so I just wanted to bring it to you folks' attention. COMMISSIONER McDANIEL: You're not the first one that's been new to this, so... MR. JOHNSON: Yeah. COMMISSIONER McDANIEL: I am an entire 15, 16 months here, so... MR. JOHNSON: I greatly appreciate you-all's attention on this matter, and I think it would be very helpful in my community, I really do. COMMISSIONER McDANIEL: Absolutely. Thank you -- MR. JOHNSON: Thank you, sir. COMMISSIONER McDANIEL: -- for bringing it forward. MR. OCHS: Mr. Chairman, you have a 10 a.m. scheduled time-certain hearing, and I know we have at least eight registered speakers for Items 9A and B. So would you like to take some other staff items until 10 o'clock, and then we'll deal with the public hearing, or do you want to move forward with the public hearing now and see if we can move through that? CHAIRMAN SOLIS: I'd like to continue just moving through the agenda, if we can. Item #9A ORDINANCE 2018-27: RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NO. 84-42, AS AMENDED, 96-74, 98-13 AND 2000-84, THE MARCO SHORES/FIDDLER’S CREEK PLANNED UNIT DEVELOPMENT, TO RETAIN THE RESIDENTIAL DENSITY OF 6000 UNITS AND May 22, 2018 Page 24 TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER’S CREEK; TO INCREASE THE BUSINESS DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES; TO ADD PROJECT ENTRANCES FOR US 41; TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,226.89 TO 1,280 ACRES; TO PROVIDE FOR A CONVERSION FACTOR FOR SINGLE- FAMILY AND MULTI-FAMILY DWELLINGS WITHOUT INCREASING THE TOTAL NUMBER OF APPROVED DWELLING UNITS FOR THE PUD; TO RE-DESIGNATE 140 ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA; TO ALLOW THAT THE REMAINING GOLF COURSE MAY BE CONSTRUCTED WHEN FEASIBLE ON THE ESTANCIA PROPERTY OR SECTION 29; TO ALLOW GOLF COURSE USES IN SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO MOVE A PROJECT ENTRANCE TO THE EAST; TO ADD RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15 AND 22; TO AMEND MASTER PLAN EXHIBIT FC-A1; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20160002496] – ADOPTED W/CHANGES Item #9B May 22, 2018 Page 25 D.O. 2018-02/RESOLUTION 2018-95: RECOMMENDATION TO APPROVE A RESOLUTION AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER’S CREEK, DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS TO THE ORIGINAL DEVELOPMENT ORDER 84-03 TO RETAIN THE RESIDENTIAL DENSITY OF 6,000 UNITS AND TO RETAIN THE MAXIMUM COMMERCIAL DEVELOPMENT OF 325,000 SQUARE FEET OF GROSS FLOOR AREA FOR FIDDLER’S CREEK; AND TO INCREASE THE BUSINESS DEVELOPMENT AREA FROM 33.62 ACRES TO 55 ACRES AND TO MAKE GOLF COURSE OPTIONAL; AND TO ADD A CONVERSION OF MULTI-FAMILY DWELLING UNITS TO SINGLE FAMILY UNITS; SECTION TWO: AMENDMENT TO MASTER DEVELOPMENT PLAN TO INCREASE THE RESIDENTIAL DEVELOPMENT AREA FROM 1,226.89 TO 1,280 ACRES; TO RE-DESIGNATE 140 ACRES TO RESIDENTIAL DEVELOPMENT AREA AND/OR GOLF AND/OR LAKE AREA; TO MAKE GOLF COURSES OPTIONAL AND TO ALLOW GOLF COURSE USES ON THE ESTANCIA PROPERTY AND IN SECTION 29 IN THE PARKS DEVELOPMENT AREA; TO ADD TWO NEW ACCESS POINTS ON US 41 AND MOVE THE PROJECT ENTRANCE TO THE EAST; AND TO ADD RESIDENTIAL INCLUDING ADULT CONGREGATE LIVING FACILITIES EAST OF COLLIER BOULEVARD IN SECTIONS 15 AND 22; SECTION THREE: FINDINGS OF FACT INCLUDING REVISED LEGAL DESCRIPTION AND CORRECTION OF ACREAGE; SECTION FOUR: CONCLUSIONS OF LAW; SECTION FIVE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND May 22, 2018 Page 26 PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 3,932 ACRES IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND SOUTH OF TAMIAMI TRAIL EAST (US 41) IN SECTIONS 11, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTIONS 18, 19 AND 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170002634] – ADOPTED MR. OCHS: Yes, sir. That takes us to Items 9A and 9B. These are companion items. Item 9A is a recommendation to amend the Marco Shores/Fiddler's Creek Planned Unit Development, and the companion item is a resolution amending the development order for the Marco Shores/Fiddler's Creek development. Both of these items, Mr. Chairman, require ex parte disclosure be provided by our commission members, and all participants will be required to be sworn in. So ex parte? CHAIRMAN SOLIS: Commissioner Saunders? COMMISSIONER SAUNDERS: I've had meetings with the applicant, representatives of the applicant, have reviewed emails and other -- had other conversations concerning both of those agenda items. COMMISSIONER TAYLOR: I've had a meeting with Wayne Arnold on April 24th, toured the site on April the 4th, spoke with the developer at that time. I also met with Mr. Miller on May the 18th. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Thank you. Yes, on 9A, 9B, that's the Fiddler's Creek petition, by the way, I've spoken with Rich Yovanovich and also with Aubrey Ferraro, I've had emails and phone calls from community leadership, and I've discussed it with some of the people -- with hearing examiner and staff. May 22, 2018 Page 27 CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: And as a point, are we doing both 9A and B for ex parte? MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: Yes. And for the record, then, I've had multiple meetings, emails, and correspondence. CHAIRMAN SOLIS: Likewise, I've met with Mr. Yovanovich and Mr. Ferral (sic). I had a phone call with Wayne Arnold, and I've received emails from a Mr. Johnston, Mr. Bilcher, and Ms. Viegas. COMMISSIONER FIALA: I have to just say two more things. I did speak with Phil Brougham and also with Mr. Elliot Miller. Thank you. MR. OCHS: Swear the witnesses. CHAIRMAN SOLIS: So we'll swear witnesses. Anyone that's going to testify. MR. MILLER: If you are registered to speak, you need to stand up. CHAIRMAN SOLIS: Raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) MR. YOVANOVICH: Good morning, Commissioners. For the record, Rich Yovanovich on behalf of the applicant. You have two petitions in front of you today regarding the Fiddler's Creek project. Fiddler's Creek is both a DRI and a PUD. In 2006, there was a vested rights determination for Fiddler's Creek with regard to the level of development approval and the impact on county facilities and infrastructure. Fiddler's Creek is located in the vicinity of Collier Boulevard and U.S. 41. It's south of U.S. 41 and east of Collier Boulevard. It's currently approved for 6,000 residential units, 325,000 square feet of business commercial use, parks and other uses that you would find in a typical master planned community. May 22, 2018 Page 28 We have a few changes that we're proposing to make to the project, and I'll put the master plan up that I believe you have in your packet. This is the proposed master plan. What we're proposing to do is put a conversion formula into the PUD that would allow for the conversion of multifamily units to single-family units. For each single-family end unit we add to the 3,000, we would give up two multifamily units. So, in reality, the 6,000 units will more likely be less than the 6,000 units because we believe we'll be converting some of those multifamily units to single-family units to address the changed market for multifamily units. The second change that we're making is to relocate some of the commercial acreage that was in the PUD. Originally the commercial acreage was located here at the front entrance on Collier Boulevard. We're relocating some of the commercial to Sandpiper and U.S. 41. We're going to bring in a grocery-anchored shopping center. It's probably the world's worst-kept secret as to who that might be, but I'm going to try to keep the secret anyway. But, anyway, it will be a grocery-anchored shopping center that we're encouraged will be occurring here soon. It's a very good location for not only the Fiddler's Creek residents but, as you all know, there's a lot of new rooftops along the East Trail, and that grocery chain believes that that's where the grocery store should be to serve the surrounding market. In making -- the 325,000 square feet of retail and commercial will remain the same. We're not increasing that, although we are going slightly larger in the acreage to accommodate the grocery store. But the amount of retail square footage is not changing. We made a change to the master plan to basically Sandpiper. This is a continuation of Sandpiper. This used to connect all the way around to Sandpiper here to get out to U.S. 41. We're making some May 22, 2018 Page 29 changes to the access on the PUD. And I've got a better graphic for that that you can probably see a lot better. The original continuation, as I've showed, used to be here, the continuation. We're proposing to have a new entrance point for the shopping center and a new entrance point for the project within Fiddler's Creek that is commonly referred to Estancia. This continuation that's shown on this graphic no longer exists. It ends right here. So, in reality, the Estancia project, as you can see on this master plan, this area, will no longer access Sandpiper. So we believe that that's a better traffic pattern for access onto Sandpiper. That is where the location of the grocery-anchored shopping center will be. And we are confident that -- although no guarantees in life, but if I were a betting man, we will get a traffic signal at Sandpiper about a year after we have our first full season of the grocery store up and running. And Mr. Banks can provide that testimony to you that he provided to the Planning Commission as to what we believe the timing for a signal will be there. FDOT has already acknowledged that a signal will be there. So it's just a question of when. And we believe having that shopping center there will actually bring the signal sooner, which should address some safety concerns that people currently have for that access point on Sandpiper and the ability to get in and out. Another change that we're making is there's a five-acre park that's currently within the community. That's a passive park. We're converting that to a nine-acre active park. The change in location is approximately 300 feet from the current location, so we don't think that's a major change. We're also providing access for -- if you look at the master plan -- Hey, Leo, can you blow that up a little bit. I would try to operate that, but I did a miserable job at the May 22, 2018 Page 30 Planning Commission, and they don't let me drive your machinery anymore. There are two community facility sites. One of those is an EMS site, and we've provided for the interconnection of the EMS site to the park site, the new park; you can see it on your visualizer right here. And we will have a 12-foot-wide driveway that will allow for EMS vehicles to get into the community straight to serve the residents of Fiddler's Creek, which was a concern. We are locating -- senior housing could have been located throughout the project. We're moving it to where it would be at the entrance on 951 outside of the gate so it can serve not only Fiddler's Creek residents but residents in the area, so we're clarifying that. We had yesterday a town hall meeting with the residents after our NIM, explained these changes. We eliminated hotel, which was a concern that the residents had that we were adding that use. We deleted that use. We addressed transportation concerns on Cherry Oaks by providing for traffic calming through the use of a radar speed system along with the ability to take pictures to enforce the speed zones along that road. Went through the master plan changes. I'm trying to get this done so you don't miss your 10:00 by too much. But your Planning Commission -- your staff's recommending approval, your Planning Commission recommended approval unanimously. We're requesting approval. Wanted to give you a quick overview. We'll address any concerns you may have or any questions that may come up through the public comments. And with that, that's a brief overview of the proposed changes to the project, and we request that the Board of County Commissioners, at the close of the public hearing, vote to approve the changes we're requesting. That's all that we have. May 22, 2018 Page 31 CHAIRMAN SOLIS: Any questions for Mr. Yovanovich? (No response.) CHAIRMAN SOLIS: Public speakers? MR. OCHS: Sir, would you like to hear from staff? CHAIRMAN SOLIS: Oh, yes. I'm sorry. MR. OCHS: Nancy? MS. GUNDLACH: Good morning, Commissioners. For the record, I'm Nancy Gundlach, principal planner with the Zoning Division. And staff is recommending approval of the Fiddler's Creek Planned Unit Development amendment and DOA. And it would be our pleasure to answer any questions you might have. CHAIRMAN SOLIS: Any questions of staff? (No response.) CHAIRMAN SOLIS: Okay. MR. MILLER: We have -- sorry. We have eight registered public speakers today for this item. I want to encourage the speakers to use both podiums. Your first speaker is Phil Brougham. He will be followed by Kathleen Reynolds. MR. BROUGHAM: Good morning. My name's Phil Brougham. I live in Fiddler's Creek, and I've been a full-time resident there since 1999. I'm also the chairman of the Fiddler's Creek CDD No. 1 and have been since 2005. So I have lived through many of the ordeals that our developer, which was originally Gulf Bay Group, and then transformed itself through a bankruptcy into Fiddler's Creek, LLC. We've gone through two hurricanes, one in 2005 that was pretty dramatic, and the most dramatic was in -- last year, I guess; memory's short. But the point I want to emphasize here, that originally in 1994, May 22, 2018 Page 32 Gulf Bay produced a conceptual master plan for the Fiddler's Creek development. A large number of acres, a large number of proposed homes and condos and amenities. That plan has evolved over 20 years. Things have changed. That's the purpose of a change. It changes. It changes with business conditions. It changes when the business model changes from a developer/homebuilder to more of a land development company. And the point I want to emphasize is, there's certain amenities that were on the original plan that haven't yet materialized. There's certain amenities that were positioned in Part A that are now going to be proposed to move to Part B. That's part of a plan. But throughout all these changes, and beginning with the hurricane in 2005, the principals of our development company have been there and stood behind the residents of this community with funding, upfront funding in 2005 so that we could clean up that community, and then eventually the CDD was able to obtain a loan and pay it back. And Hurricane Irma, the CDD could not go out and get loans because of some legal situations we're involved with. The developer, through Fiddler's Creek Foundation, was able to acquire sufficient funding to clean up the mess in Fiddler's Creek and to begin the contracting of new trees and shrubs in the community. Without their commitment to this vision that they had in 1994, I think, overall, the people in this room would be much more unhappy than some of them are currently. And I'm in full support of this amendment. CHAIRMAN SOLIS: Thank you. MR. MILLER: Mr. Chairman, I had the next speaker in the wrong category. Your next speaker, as it turns out, is Charlie Rosaschi. He will be followed by Rob Rose. MR. ROSASCHI: Good morning. My name is Charlie Rosaschi. May 22, 2018 Page 33 I have the pleasure of being the president of the Varenna Condominium Association, which happens to be the largest village within the Fiddler's Creek community. We represent 152 families within the community. We are overwhelmingly in full support of this project. Varenna Condominium Association, along with Laguna Condominium Association, would be the two communities most directly affected by this new linear park, this active park that would be going from 41 into Fiddler's Creek Parkway. It would be a tremendous benefit to our community. It would yield to great enjoyment of its residents with the least impact. And without taking any more time, we are in full support of this project, and we urge your approval also. Thank you. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. COMMISSIONER SAUNDERS: Could I -- with your permission, could I ask if there are any speakers that are signed up that are opposed to this? (No response.) COMMISSIONER SAUNDERS: We've had no opposition in any of this. We've had this no -- staff's recommended approval. I hate to cut off speakers, but if they're all supportive of this -- again, is there anyone that's opposed to it? COMMISSIONER TAYLOR: Maybe they could come and -- CHAIRMAN SOLIS: Is there any opposition to this application? (No response.) COMMISSIONER SAUNDERS: Mr. Chairman, I'd make a motion that we close the public hearing and move forward on a vote. CHAIRMAN SOLIS: How many speakers do we have? MR. MILLER: I had seven total. Mr. Rose was left to speak, Shannon Benedetti, Joseph Mayer, Jim Gaffney, and then I had one May 22, 2018 Page 34 more I don't have a name. I only have their address, 9217 Museo Circle. MR. O'CONNOR: O'Connor. MR. MILLER: Charlie O'Connor. Those are the speakers I have left, sir. MR. OCHS: Mr. Chairman, if they want to waive, you know -- if they're willing to waive by a show of hand, I think they could do that, and you could move forward. CHAIRMAN SOLIS: So, again, is there anyone that would like to speak in opposition to these two applications? (No response.) CHAIRMAN SOLIS: Okay. And would the speakers waive their statements? MR. OCHS: Wave. CHAIRMAN SOLIS: Everyone's waving. Okay. COMMISSIONER TAYLOR: Perhaps we could have them come up and just give their name and say they're in agreement just so that -- they made the trip up here, so... MR. ROSE: Bob Rose. CHAIRMAN SOLIS: That's up to them. If you'd like to come up and put your name on the record, that's fine; otherwise, I think we -- MR. MILLER: Why don't I call their name and just have them raise their hand at that point. Mr. Rose? MR. ROSASCHI: Yep. MR. MILLER: You waive? Shannon Benedetti? (Raises hand.) MR. MILLER: Waive, okay. Joseph Mayer? Do you waive? (Raises hand.) MR. MILLER: Thank you, sir. May 22, 2018 Page 35 Charlie O'Connor, do you waive? MR. O'CONNOR: I waive. MR. MILLER: Thank you, sir. That is all the speakers. CHAIRMAN SOLIS: One more. MR. GAFFNEY: Waive. MR. MILLER: Thank you. Jim Gaffney. CHAIRMAN SOLIS: Thank you. So we'll close the public hearing at this time. And, Mr. Saunders, Commissioner Saunders, was your light on for that, or was it something else? COMMISSIONER SAUNDERS: That was what my light was on for, to move forward. CHAIRMAN SOLIS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you very much. And just to bring this right to full circle, I've heard from many, many, many people in Fiddler's, and I have heard no complaints. In the beginning I heard a couple; that was the only couple that I've heard, and since then everybody is overwhelmingly in support of it, so I make a motion to approve. COMMISSIONER McDANIEL: Second. MR. KLATZKOW: And the motion is for both items, ma'am? COMMISSIONER FIALA: Yes. COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Motion for both of them; thank you. CHAIRMAN SOLIS: There's a motion and second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. May 22, 2018 Page 36 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. YOVANOVICH: Thank you. Sorry about going over. COMMISSIONER TAYLOR: I'd just like to say one thing, that to me this is so impressive. This is internal capture to put a grocery store here and to allow folks in that neighborhood to be able to walk or ride their bike to this grocery store. The vision of this developer and his ability to be flexible with the future is extraordinary, and congratulations on this. This is a wonderful, wonderful example. CHAIRMAN SOLIS: I think it's the way that the process is supposed to work. COMMISSIONER TAYLOR: Yep. Item #11A RECOMMENDATION TO DENY A REQUEST FOR A CLASS 1 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE CITY OF MARCO ISLAND FOR ALS RESPONSE AND TRANSPORT – MOTION TO CONTINUE TO NO LATER THAN THE SECOND MEETING IN JUNE, STAFF TO NEGOTIATE INTERLOCAL AGREEMENT INCLUDING EMA RECOMMENDATIONS – APPROVED MR. OCHS: Commissioners, that takes us to your 10 a.m. time-certain hearing this morning. That item is 11A. It is a recommendation to deny a request for a Class 1 Certificate of Public Convenience and Necessity from the City of Marco Island for ALS response and transport. Mr. Dan Summers, your division director of the Bureau of May 22, 2018 Page 37 Emergency Services, will begin the presentation. MR. SUMMERS: Commissioners, good morning. For the record, Dan Summers, director of your Bureau of Emergency Services. I'm sure you have a lot of questions and concerns today about this very detailed and comprehensive look at the COPCN application from Marco Fire for Class 1 ALS transport certificate. I'd first like to just mention I want to sincerely thank the members of the Emergency Medical Authority. They spent countless hours in review and discussion and provided to you both a majority and minority opinion on their findings, and I think they spent the better part of about seven hours in discussions with Marco as well as meetings and a very comprehensive writeup report. I wanted to also make sure that in this situation that you were keenly aware of the County Manager's correspondence on February the 20th that went to Marco that provided some options, some what I think were very cost-effective, good options for some expanded services at Marco. So hopefully you had an opportunity to take a look at that correspondence, several pages, put together by Chief Butcher and County Manager Mr. Ochs to give some options as opposed to a certificate granting. Third, this is certainly complicated by House Bill 1395, and that, from an emergency medical systems perspective, provides to the staff some serious operational concerns that might be precedent setting for you-all as well as an opportunity for a non-vetted COPCN application to go to the state that could fractionalize an accredited ground and EMS system. The last thing that I just wanted to tell you that was not clear to us was that while Marco, I believe, during their Emergency Medical Authority discussion discussed that they would serve the community of Goodland, we're not sure today about those geographical boundaries May 22, 2018 Page 38 that Marco may serve at Goodland, and if the state grants a certificate without any conditions, we're not sure, again, how that would impact service to Goodland. Certainly, the county would have to make some special provisions to that nearby community to address that in terms of our zones and coverage. Finally, Commissioners, if Marco proceeds to the state, we don't have any information as to how that application process would be reviewed. The state normally doesn't have that as a business process. We don't know if that's a hearing, that's a review. We don't know if county comment would even be accepted, and we worry about that from a continuity of care and a system perspective for Collier County EMS. I recommend denial of the certificate, as the requisite requirements have not been demonstrated. And I know that Dr. Tober would like to make a few comments. He has a very short time window to be available this morning. So, if I could, let me pass this to Dr. Tober, and he has a few slides to present. Dr. Tober. Thank you. DR. TOBER: Thank you-all for letting me come up today. I want to thank you, Dan, for all the time you've invested. I especially want to thank Ned Fryer, who was the tireless chair of the EMA, and the EMA members that were here today. I did write all of you a letter this weekend, moved by the legislation that did get passed and hopefully to get everyone on board to inform the voting public at Marco what reality is here. How do I advance these slides? MR. OCHS: Dan will help you. DR. TOBER: Okay. Beautiful, thank you. So I wanted to make a couple of quick points here. The staff thinned me down from four single-space pages to a few PowerPoints, May 22, 2018 Page 39 which is good. Primary life support is what we deliver to people first. We deliver this through our police officers, through our EMTs, through our firefighters, and our paramedics. And this is a very, very, very time-dependent entity that saves most of our lives. If you look at CPR, which kills about a thousand of us a day, that is so time dependent that if we don't get bystanders to deliver chest compressions prior to the arrival of police, prior to the arrival EMTs from fire and paramedics from fire and EMS, the survival is cut in half just alone if the bystanders don't do CPR. So primary life support, which is also called basic life support, is the critical delivery. The goal of primary life support is to arrive within four minutes. The actual times that we were told that were happening on Marco were 50 percent longer than the national recommendations. Secondary life support, which has a fancy name called advanced life support, is much less time dependent most of the time. It normally occurs 15 to 25 minutes after the EMTs and paramedics get there. It involves IV fluids and medication, cardiac monitoring, 12-lead electrocardiograms, more invasive airway management. And ALS response times in our consolidated system today is 90 percent plus within the national guidelines of 8 to 12 minutes depending on whether we are in a rural or county area. Closest-unit dispatch is sending the closest available fire engines and ambulances to the next call. All five fire agencies and Collier County EMS participate in this coordinated closest-unit response protocol for the benefit of all county residents and visitors. Fragmentation of an integrated system, one consolidated countywide EMS system allows for the seamless movement of ambulances, fire engines, whatever, throughout the county to provide rapid response. Ambulances are moved to Marco Island to answer May 22, 2018 Page 40 current calls on the average of seven times a day right now. There are no clear directions or expectations from Marco as to how an independent system would affect CCEMS operations. No clear and itemized budget. Some of the pens that have been put to this paper, including Janet Vasey, who is not here today, thinks that these actual budget figures could double. A terrible shortage of paramedics that this would additionally burden us with. EMS right now is short some paramedics. We would imagine that we would lose paramedics to an independent ambulance initiative, we don't know to what extent, but it's important that all of you understand that if I lost 12 paramedics at a minimum, it would take me two to three years to train up a new group of paramedics to be at the response level that we expect in our system. Marco has also pledged to exceed the excellence of Collier County EMS. All Marco apparatus are currently ALS and contribute to the response time that we have countywide. The response times will not improve if Marco has an ambulance. But as I stated before, their average BLS response time is about 50 percent above what is the national standard. Given Marco's slow BLS response, no explanation of how they would meet or exceed the performance of Collier County EMS. That's all for my slides. I'm happy to answer any questions. I did send each of you a four-page document to try to dot the I's and cross the T's. CHAIRMAN SOLIS: Commissioner Taylor's light was on first. COMMISSIONER TAYLOR: No, that's from before. CHAIRMAN SOLIS: No? That's from before. I'm sorry. And then -- so then it was Commissioner Fiala. COMMISSIONER FIALA: Yeah, but this will be for later. I wanted to hear all the speakers first. CHAIRMAN SOLIS: Okay. May 22, 2018 Page 41 COMMISSIONER SAUNDERS: I'm going to ask probably all of the folks from Collier County the same question. Dr. Tober, the majority report suggests approval with conditions, and their rationale is that approval with conditions is better than having a certificate issued by the state with no conditions. And so what is your view on approval of this with those conditions? And the rationale -- if your answer is that we shouldn't, what's the rationale for that? DR. TOBER: Well, I think many members of the EMA were torn on this very question. Even if you look at the minority and majority reports, in many ways they overlap each other with agreements. The bottom line here is whether or not people want to bet or not bet on whether or not the referendum vote, which happens in August instead of a more reasonable time like January or February when you have twice as many people in Marco -- what that vote would be. But after giving careful deliberation to both sides, I did not think this was the right thing to do. It is so disruptive to the integrated Emergency Medical System that we have today that even with conditions, it's just the wrong path to go. COMMISSIONER SAUNDERS: Then just a quick followup, a hypothetical. Let's assume that the referendum passes on August 28th -- DR. TOBER: Yes. COMMISSIONER SAUNDERS: -- and the state is about to issue a certificate without these conditions. If you make that assumption, then would you prefer to be in a position where this is approved with conditions? Just a hypothetical. DR. TOBER: Well, hypothetically, if I'm going to have an independent system, I'd rather have it with conditions than no conditions, but those conditions are rigorous enough that I'm not even May 22, 2018 Page 42 sure that Marco would agree to those conditions. COMMISSIONER SAUNDERS: I can assure you that the representatives from Marco do not agree with those conditions, but that's another story, another issue. DR. TOBER: I understand. CHAIRMAN SOLIS: Anyone else? COMMISSIONER TAYLOR: Yeah. I would like to ask a question, so I'll put my light on. Dr. Tober, so from this presentation, am I to understand in laymen's terms that an ambulance, an extra ambulance, which is what Marco wants, is not going to make any difference in terms of survival of their patients unless they have a BLS system that is comparable to, say, the rest of Collier County? DR. TOBER: I'm not sure exactly what you're asking me, but let me just rephrase what you just said there. Number one, I think that if Marco believes they need an extra ambulance, that ambulance should be provided by Collier County EMS to assuage any sense that they have that they are being short covered. Remember, we are responding to the island on the average of seven times a day with off-island ambulances to back them up. Number 2 is that regardless of what happens, I think that the Marco Island Fire Department and the system in general should work towards shrinking their BLS average response time down to four minutes. They're not necessarily related entities. COMMISSIONER TAYLOR: Okay. DR. TOBER: They will have relationships sometimes. COMMISSIONER TAYLOR: All right. Thank you. Anyone else? (No response.) CHAIRMAN SOLIS: Public speakers? MR. MILLER: Yes, sir. We have eight registered speakers for May 22, 2018 Page 43 this item. Again, I want to encourage the speakers to use both podiums. Your first speaker is Linda Turner, and she will be followed by Gerald Swiacki, if I'm saying that right. I hope so, sir. MS. TURNER: Good morning, Commissioners. Linda Turner, Thrush Court, Marco Island. Thank you for this opportunity to speak. With the prediction of Hurricane Irma's direct hit, Marco Island's one and only ambulance was removed from the island. I understand that Chief Butcher made this call to protect the vehicle from a predicted 12-foot storm surge which, thankfully, did not happen. Chief Butcher stated that if she had to, she would make the same call again. I would like to point out that before Hurricane Irma hit Marco Island, the island city vehicles were safely staged in several of the island's high-rise garages. They're above 15-foot surge levels. I'd like to also opine that Marco Island should not be left without an ambulance during a hurricane. An ambulance should be close and immediately available, just as soon as driving conditions allow, for the following reasons: Number one, for the welfare and benefit of the brave and hard-working essential employees who need to stay on Marco Island. They are the Marco Island Fire Rescue and Paramedics, Marco Island Police Department, all water and sewer employees so that our streets do not back up with water and sewage, the public works staff, clerical support staff, support assistance staff for the MIPD, support assistance staff for the Marco Island Fire Rescue Department, the City Manager, City Clerk, Public Works director and support staff, Building director, Finance Director, Community Affairs director, Parks and Rec director, and the security staffs' for the Hilton and Marriott hotels. Reason number two: For the welfare and benefit of some of the families of the essential employees who also stay on the island. Reason number three: For the welfare and benefit of the students -- sorry -- citizens who refuse to leave, even during a mandatory May 22, 2018 Page 44 evacuation, because they feel they have no place to go. Irma was a perfect example of "Where do I go? Will I be able to buy fuel?" The entire state of Florida was threatened as were multiple surrounding states. All three reasons have one important commonality: All are human beings and there are many of them. Their lives matter. Additionally, we need to have the backs of the dedicated men and women who stay to protect Marco Island and to get the city operational and functional as soon as possible. We want local control of our Emergency Medical Service in Marco Island. We have no doubt that Marco Island paramedics will serve Marco Island, our next-door neighbor, Goodland, and the rest of Collier County to a high professional standard. Please hear us, the taxpaying citizens of the City of Marco Island. We want control of when our ambulances are available and where our ambulances are located -- CHAIRMAN SOLIS: Thank you. MS. TURNER: -- even during a hurricane. CHAIRMAN SOLIS: Thank you. MR. MILLER: Next speaker is Gerald Swiacki, and he is followed by Diane Dome. DR. SWIACKI: Good morning, commissioners, my name is Dr. Gerald Swiacki, and I reside at 667 Thrush Court, Marco Island. I'm a retired physician, having practiced for 38 years in Michigan and seven years in Florida. I still hold active licenses in both states. I am board certified in general surgery, in medical quality and utilization. I have been an associate professor of medicine at Michigan State University. I have taught medical students, interns, and residents as well as PA students from Nova Southeastern University. My practice centered primarily on acute surgical care, and I have had extensive experience in acute penetrating trauma and blunt trauma. May 22, 2018 Page 45 In addition, I have chaired and participated on multiple medical quality and utilization committees both on a local level and on a state level. Let me assure the members of this board that I have no desire to become a medical director for emergency services. I have enjoyed the practice of surgery, teaching young people in the medical field and ensuring that the highest quality of medicine is practiced in my community. I have read and reviewed the executive summary prepared by Director Summers and Chief Butcher recommending denial of the Marco Island application for its own COPCN. I have multiple areas of disagreement in the assertions, assumptions, and conclusions that are put forward in this document. This is not the time or place for discussion on these issues. Marco Island citizens elected to become a city in 1997. The citizens wish to have local control of their community and government. This is the same reason that we became a nation and separated from England. This concept holds true for state, county, city government. The City of Marco Island is able to control its own government and government services, its own police force, its own fire rescue service, as well as its own water and sewage utility service. We wish to control our own Emergency Medical Service. The citizens feel that at the present time we do not have the level of medical coverage that we want and deserve. We feel that our trained and competent paramedics are not allowed to administer emergency care to the level that they are capable of doing. Finally, we are very concerned about the level of care that we will receive from the county as the county population increases and fire district consolidation occurs. In summary, Marco Island feels that it can do it better and more economically. The citizens are willing to tax themselves in order to provide the services they desire. We want to use our resources to the May 22, 2018 Page 46 highest level that is appropriate. We want to cooperate with the county to provide the highest level of medical care to all citizens of the county while asserting local control of our own emergency medical care. Thank you. MR. MILLER: Your next speaker is Diane Dome. She'll be followed by Len Schuman. MS. DOME: Good morning, Commissioners. I'd like to thank you-all for your hard work through our county, and I also would like to thank Commissioner Fiala for her hard work in District 1. As you-all are aware, Marco Island's COPCN issue is an extremely passionate issue for the Marco Island residents. This was confirmed by our residents as the bill was presented to Governor Scott for his signature. Representative Rommel received a call from Governor Scott's aide asking how many full-time residents were on Marco Island. Rommel responded with approximately 15,000. Governor Scott's aide said, well, I believe all 15,000 have contacted Governor Scott. That says something about this issue. We are in a situation where we want our own control over our ambulance service. We want our local control, and as Dr. Swiacki has said, we think we can do it. We can do it better, and the residents of Marco Island feel that they are willing to pay for it. And as a city and as having home rule, I believe that this is what we need to do and that we ask for your vote of yes for our own COPCN. Thank you. MR. MILLER: Your next speaker is Len Schuman. She (sic) will be followed by Barbara Murphy. MR. SCHUMAN: Good morning, Commissioners. My name is Len Schuman. I'm at 220 South Collier Boulevard, Marco Island, Florida. May 22, 2018 Page 47 I've been on the island since the mid 1970s and a full-time resident with my wife since 2016. During that period of time, of course, we've seen a vote taken in the nonregistered areas and governmental areas of Collier County, excluding Marco, Naples, and down in the southern regions, that showed 62 percent of those peoples wanted to combine a district/fire district into one unit; thereby, from our perspective, giving very little chance for Marco Island to have any voice in getting our second ambulance. We've gone through a crisis in which we've had Hurricane Irma. Having worked many years for the Singapore Chinese, I can tell you that "crises" has two symbols in China. Number one is danger. The second is opportunity. The danger we see on Marco Island is clear: One ambulance, 1.2 ambulances on average during season is not sufficient for our aging population. It's not sufficient for two new hotels in effect with an expansion to a JW Marriott and a Hilton where there are going to be thousands of people at one time in one location. It's not sufficient for the purposes of not having proper medication on all our ambulances. And despite what Dr. Tober has said, I believe two strategically situated ambulances on Marco Island can beat that four-minute record that's being talked about as far as response time and, more importantly, delivery of any patients to the necessary hospital facilities. From our perspective, the opportunity is clear. On August 28th this year our citizens will vote on the concept of whether or not we want to have our own control, home rule, over EMS and ambulance services. We, as part of our city or our ambulance group, have been very instrumental in trying to get a yes vote. I believe that this will occur. The City Council has supported us, the state legislators and the representatives and Governor has supported us, and be assured we will vote yes for this matter, and we trust that you will join us in what we want to do. May 22, 2018 Page 48 We are not building a wall between Marco Island and the rest of Collier County. We have bridges. This effect of having two of our own ambulances will be a synergistic effect, not an anti-energistic effect for our total county community. Thank you so much. MR. MILLER: Your next speaker is Barbara Murphy and will be followed by Rob Chalhoub. MS. MURPHY: Good morning. Thank you for this opportunity to speak on such an important issue for Marco Island. My name is Barbara Murphy, and I've lived in Collier County for 17 years and resided on Marco Island. I have seen over these years the growth in our residents and visitors to our city. Marco Island hired the consultants of Fitch & Associates to analyze cost to develop a plan that will approve EMS services to our residents and which additionally supports the Collier County system by putting two additional full-time units on the road. The staff on Marco Island has presented a plan to work together with the county that will benefit all, and we should look at this as no different than what our police and fire agencies currently do. There's no fragmentation with that. Attesting to this was seen at Commissioner Donna Fiala's town talk on Marco Island in February. We heard testimony from a chief from the Sheriff's Office of the outstanding mutual aid given by the police agencies from the City of Marco Island and the City of Naples during Hurricane Irma. The chief also spoke of the outstanding job from Marco Island Fire Rescue Department and their mutual aid fighting the significant wildfire from 2017 that threatened county neighborhoods. I suggest to you, Commissioner Fiala, as I did at your town hall meeting, and to County Manager Ochs, granting this license will be a win-win not for only the City of Marco Island but the county residents May 22, 2018 Page 49 as well. Two additional units on the road in the county will allow the county to improve their response times to areas where the response times do not meet the adopted county standards. With the professional leaders in both the county and Marco Island staff, there is no doubt an interlocal agreement will be made to be mutually beneficial. Remember, providing these lifesaving services is what these professionals have dedicated their lives and careers to. I heard in Dr. Weiss's words about collaboration, and this is what we're speaking -- and it's vital to keep our standards improving. We ask you, the Board of County Commissioners, to support this COPCN license to Marco Island with the same conditions the Florida local bill has given; that we have done an independent analysis of the data, the cost, and the improvements to the island and a referendum vote by the citizens of Marco Island. Thank you very much, and thank you, Commissioner Fiala, for all you do for Marco Island. MR. MILLER: Your next speaker is Rob Chalhoub and will be followed by Kathleen Reynolds. MR. CHALHOUB: Thank you, and good morning to all of you. I am the newest member of the Emergency Medical Authority. And, for the record, I was part of the minority report on this matter. I'd like to defer most of the comments from the EMA to our chairperson, Mr. Fryer, but a couple of points. First of all, Marco Island, despite all their comments about having only 1.2 ambulances, et cetera, et cetera has some of the best ALS response times in the county, and that's been documented, and that's been over quite a period of time. They have some of the best service from the county because of the way we are structured and because of the way our EMS is -- has all the backup when there's ambulances off the island. We have others that we can send there. And, again, the facts speak for themselves. There's nothing really in their application that supports anything May 22, 2018 Page 50 that tells us that that's going to get any better. As Dr. Tober said, the real issue is BLS response. That's the thing that saves lives, and they fall short in there. So having better ALS response, again, which they have not documented at all, is not the issue. This seems to be a solution in search of a problem, to be quite honest with you. What's the problem? They really can't express it except for their desire to have their own EMS service. They -- the numbers don't work very well. Their budget projections, again, our EMA member has demonstrated that a lot of their staffing falls short, they can't get by with the 12 that they expect to have. They need more like 15 or 18. And they're -- just the numbers in general for maintenance and all that -- and I know some of that has been revised, but it still falls short. And, again, there's nothing that states the problem and states what they're really trying to achieve except for the fact that they want their own ambulance service. Those are my comments for this morning, and I thank you for listening. MR. MILLER: Your final speaker on this item is Kathleen Reynolds. MS. REYNOLDS: Good morning, Commissioners. Kathleen Reynolds, Ludlow Road, Marco Island. I don't know if this is really true, but a few days ago I checked and I heard this was on the consent agenda, and I'm assuming it's been removed from the consent agenda. So it never was? I'm glad, because I think at least we deserve a consideration about it, and it made me feel kind of -- COMMISSIONER FIALA: Never been there, Kathleen. MS. REYNOLDS: -- made me feel kind of sad. You know, I think what we're watching this morning is kind of the antithesis of what you just saw with Fiddler's Creek. Collaborative May 22, 2018 Page 51 enterprise where lots of conversation took place, and support for a project came forward. Your director of Emergency Services just listed eight or 10 things that he doesn't have the answer to, and I find that kind of astounding, because I've been on Marco Island for over 30 years. Boy, if there's one thing people on Marco like to do, it's talk. And every single one of those questions could have been answered effectively and efficiently. And I'm feeling a little sad that your director of Emergency Services is coming forward and saying, "I just don't know all these things." I think that's unfortunate. The second thing, the gentleman who just presented here, when we speak, we cite our data sources. We hired reputable firms to do highly qualified analyses of all of these different subjects, and we presented that information to you. But people stand up here and say, well, they're not going to have enough people, the budget's not right, but they fail to cite the data sources. And as an academic, I find that questionable. I've gotten all kinds of assurances that your concern is primarily to protect my life and, you know what, I lived under that assumption for a long time until Hurricane Irma happened and the ambulance was taken off of the island. That, to me, is mind-boggling. The ambulance was taken off of the island. And recently Chief Butcher said, given the opportunity to do it again, she would do it again, because her job is to protect the assets. I thought her job was to protect me. So I'm really surprised that that happened, and it certainly removed my sense of security and comfort about how Collier County would come to my aid. And that's why I'm fully in support of this vote. I ask you to support us and vote with us, approve this initially because, ultimately, it's the people who will decide. And I honestly don't think you want to be against what the people on Marco Island are going to decide. May 22, 2018 Page 52 We'd appreciate your positive vote. Thank you. MR. MILLER: And that was your final registered speaker for this item. COMMISSIONER SAUNDERS: Mr. Chairman? Could I -- I'm not sure if there were other lights on. CHAIRMAN SOLIS: There's -- Commissioner Fiala was first, and then Commissioner McDaniel. COMMISSIONER SAUNDERS: All right. What I'd like to do -- and I'd like to hear from Chief Butcher as to the rationale, because there's been at least I don't want to say an allegation, but that she did something that was not in the best interest of the citizens of Marco, so I think we need to hear from her, what her rationale is. And also, are we going to hear anything from representatives of the city government of Marco Island? CHAIRMAN SOLIS: Are there -- your lights are on. COMMISSIONER TAYLOR: How many more people? That's it? CHAIRMAN SOLIS: It's to your pleasure. COMMISSIONER FIALA: Well, I'm the first one to speak, but I'd be happy to first hear from Chief Butcher. He's cleaning off my jacket. And then also -- who else did he want? COMMISSIONER SAUNDERS: Well, we haven't heard from Chief Murphy or from the City Manager. COMMISSIONER FIALA: Okay. We'll hear from them. COMMISSIONER SAUNDERS: They may not want to present anything, but I was just kind of curious as to why not. CHAIRMAN SOLIS: I think if they want to speak, anyone from the City Council, that you probably need to fill out a form so we know. COMMISSIONER SAUNDERS: And who is the applicant? The applicant is the City of Marco Island. CHAIRMAN SOLIS: Right. May 22, 2018 Page 53 COMMISSIONER SAUNDERS: So the applicant -- CHAIRMAN SOLIS: Are they here to speak on behalf of the applicant? MR. OCHS: Mr. Chairman, also, as time allows or when the situation lends itself, we do need to give our court reporter a break at some point. CHAIRMAN SOLIS: Yeah, I think -- why don't we do this: We'll take a break now for 10 minutes. We'll come back at 10:46, and then we'll hear from the applicant, we'll hear from Chief Butcher, and then we'll proceed with comments and questions from the Commissioners. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, if you would please take your seats. Mr. Chairman, we have several members from the applicant that are prepared to address the Board. CHAIRMAN SOLIS: Very good, thank you. MR. GRIFONI: Thank you. My name's Jared Grifoni, Marco Island City Council. It's my pleasure to be here today, and I want to thank the County Commission as well as county staff for their efforts to date and for their review of this very important issue for our city. We're requesting a Class 1 certificate for a COPCN for ALS response and transport. Our fire chief, Chief Murphy, is here, as well as our city consultant, Dr. Bruce Moeller of Fitch & Associates. And we're here to provide some additional clarification and answer any questions from the City of Marco Island that you may have. As you're well aware, the city embarked on this path a little over a year ago as a result of a much longer public conversation on the issue. Last year our City Council approved an approach that allowed us to work with the county on potential negotiations to improve Marco Island's level of service to work with our state legislative delegation on May 22, 2018 Page 54 a local bill, HB1395, which was approved this year, and, of course, to submit an application to Collier County for a COPCN. We also have scheduled a binding referendum as has been referenced on this issue August 28th, 2018, to confirm the support from the public and, of course, to provide the necessary funding in order to operate the system appropriately. All of this effort has been spearheaded by our City Council in support of our citizens' passion, much of which has been on display today, to vote on this issue and their right to control their destiny. Our citizens are very passionate, and their level of support has been strong. There was a reinstatement survey by the Marco Island Civic Association in 2017 that showed almost 65 percent support for a locally controlled transport service even with a tax increase. We met with the Collier County Medical -- Emergency Medical Authority on May 1st for the hearing, and it was a lengthy and interesting discussion. And I believe it was a productive one, even though there may have been some disagreements on some of the issues. But, ultimately, it led to a recommendation 3-2 for a conditional approval. Our city's well prepared to handle this job, to handle this task, and to deliver a first-class service to our citizens who want to exercise local control, and all the while continuing to work with the county and the County Commission through an interlocal agreement in order to provide consistent and proper service to everybody involved. This will improve the level of service for Marco Island. We're talking about adding additional ambulance units to the road full time on Marco Island all the time. This will improve level of service in Collier County by allowing you to, if you so choose -- it is your decision -- to reallocate some of your resources to other areas of the county. The local control here is, I think, the key issue. Long-term May 22, 2018 Page 55 consistency and flexibility for future development not only, you know, on Marco Island but elsewhere, if we can serve as a positive example for the rest of the community. Marco Islanders want to add service and ambulances, and they're willing to pay for it. Doing things, you know, that way -- we're -- or we're doing it the right way by asking the citizens for their support in a referendum on August 28th. And if they do vote yes, we will do everything we can to work to provide everything that they need in order for a quality ambulance service on Marco Island and, of course, the additional costs that come along with that. The referendum data referenced by another speaker, August versus January or November, the fact is, we're not allowed to -- recommendation of the Collier Supervisor of Elections -- to have a referendum on the November ballot. We put it on August because that was the time that we can do it. It's a regularly scheduled election. And most of Marco Island residents who are full-time residents who are registered voters are here year-round or have access, of course, to mail-in ballots. I guess, really, the bottom line, the main question here that you have to answer, I guess, is does Marco Island have the right to improve their level of service if they so choose, if the voters choose to pay for it, to take on that task and that responsibility and deliver it to the citizens? And I believe that answer's yes. So I'm asking that you approve the COPCN application and that you approve it based on the conditions that were in the HB1395, a passage of the referendum in August, the third-party financial analysis that we've already conducted, and allow the citizens of Marco Island to take control of this issue for themselves and to continue to work cooperatively with Collier County on an interlocal agreement to make sure that everything is functioning as it should. May 22, 2018 Page 56 As I mentioned, Chief Murphy is here as well, and he can address some of the questions that you may have or some of the other data questions that have been brought up thus far, and also at this point I'd like to bring up Dr. Moeller from Fitch & Associates to address some of the system design operation questions. Thank you. DR. MOELLER: Thank you, Mr. Chairman. Members of the Commission, thank you. My name is Dr. Bruce Moeller. I'm a senior consultant with the firm of Fitch & Associates. Just as a way of background, my experience within Florida for the past 20-plus years includes operations, working with Broward County, Florida, in Broward County, Florida, government where I was responsible, actually, for COPCN issues under their local ordinance serving as their fire chief and then serving as a fire chief and then city manager in the City of Sunrise, Florida, before moving to Pinellas County where I, again, worked for a county government, Pinellas County government, running their public safety. The engagement that we did for the City of Marco Island really was to evaluate some questions that they had based on circumstances that have already been addressed by other speakers. And in our approach -- the firm is a very data-driven firm. So when we came and initially engaged in this process, we asked for some raw data from the computer, the dispatch system, looked at the report that Marco Island files on behalf of the medical calls and the fire calls that they run, and we take a systemwide perspective. And when I say "system" in this case, I'm not talking just on the geographic boundaries of the island but of the system -- of the Collier County system. I am familiar with Collier County's EMS system; took the time to meet with your staff on that. And that systemwide perspective was inherent in what we developed for the city. Just several points I want to make briefly. The question has been May 22, 2018 Page 57 asked, will there be an improvement? We have opined, and the firm stands by this, that there will be an improvement of EMS services on Marco Island because of the addition of additional ALS transport-capable resources to serve that population. There is also a very strong opportunity for the county to benefit from that as well because, again, there are additional resources for EMS being added within Collier County. Oftentimes, some of -- as has been said today, there is a comment made that if there's a different patch on the sleeve or a different logo on the side of the ambulance, somehow it's fragmentation. There are quality EMS systems all over the nation, ones that I have worked with and where you will have multiple providers that work collaboratively together, working with the same 911 system, coming to interlocal agreements on how to provide automatic aid and mutual aid. Those systems can work very well and, in fact, are more resilient often than a single provider. So just by having a different provider -- multiple providers can, in fact, be a very resilient system. The work that we've done, our conversations with the city and with others, we are very confident that addition of additional resources would not just benefit Marco Island but Collier County as a whole should the Commission decide to take advantage of that. Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, could I ask a quick question? CHAIRMAN SOLIS: Sure. COMMISSIONER SAUNDERS: Obviously, you've looked at the majority report from the Emergency Medical Advisory Board. DR. MOELLER: Yes. COMMISSIONER SAUNDERS: And there are five conditions that they listed. Are any of them, in your mind, reasonable conditions? May 22, 2018 Page 58 And if so, which ones would you find to be reasonable? DR. MOELLER: I apologize, Commissioner. I don't have the list directly in front of me. Let me frame it this way, if I could. We believe generally -- COMMISSIONER SAUNDERS: Mr. Manager, do you have a copy of the -- can you give him a copy of the five items? DR. MOELLER: Okay. So the question, again, Commissioner? I'm sorry. COMMISSIONER SAUNDERS: There are A through E listed recommended conditions that should be imposed on this from our advisory board. And I'm wondering which of these, if any of them, are ones that you would consider to be reasonable. DR. MOELLER: Well, Commissioner, again, I'm not the applicant, so I'm a consultant. But let me try to address it. Item A, I believe, is a requirement under the statute, or under the local bill that was recently passed by the legislature, and there's already been an election scheduled, as the Chair indicated. B is, unfortunately, a little ambiguous. It says, "EMS services that are, in all respects, at least equal to quality." I'm not sure how that's defined, who's the arbitrator of that. It's interesting to note that today and for years Marco Island Fire has worked alongside providing ALS services on the island. There was no evidence that we saw, no information that we saw that would indicate anything other than that already being met to date. Licensed -- engaged licensed qualified physician. That's a requirement of the state law that you must have a medical director if you're running an EMS system. A full participant in Collier -- COMMISSIONER SAUNDERS: The recommended condition, though, is that the medical director of the county serve as the medical director; that you could -- Marco Island would have an assistant, but May 22, 2018 Page 59 that would not be the medical director. DR. MOELLER: Okay. COMMISSIONER SAUNDERS: So the question is, should Marco Island have their own medical director, or should the medical director be the medical director for the county as indicated in No. C there? DR. MOELLER: Yeah. I think that's a question better answered by Chief Murphy rather than myself. The fourth one that you have there is dispatch services. Again, that's one better addressed by the city itself than myself. Common dispatch is an element that we often recommend. The firm has recommended elsewhere with regard to ensuring a coordinated system. COMMISSIONER SAUNDERS: That was the -- it included also the countywide closest-unit dispatch. DR. MOELLER: So, historically, the firm has often recommended participating in automatic aid and mutual aid; however, I will say this: That automatic aid, in particular, we generally recommend only for higher-priority calls, assuming that the 911 center employs a best practice in EMS design which is to have a call prioritization scheme, often referred to as either emergency medical dispatch, or APCO has a similar version. If you do that, you don't want to send units -- closest units simply because somebody twisted their ankle. There's no medical necessity for that. The literature is quite clear on that. So -- but on high-priority calls you would do that, which represents 10, 15 percent of the activity. Does that answer your question? COMMISSIONER SAUNDERS: Yes, sir. DR. MOELLER: Okay. COMMISSIONER TAYLOR: I have a question. May 22, 2018 Page 60 CHAIRMAN SOLIS: Okay. Let's -- we have lights on, and so we're spiraling out of control here in terms of -- MR. OCHS: Mr. Chairman, I'm not sure the city's done. COMMISSIONER TAYLOR: I have a question of the speaker. CHAIRMAN SOLIS: Of the speaker? COMMISSIONER TAYLOR: Yes. CHAIRMAN SOLIS: Okay. Does anybody else have a question for the speaker that put their lights on? (No response.) CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: Okay. So can you tell me -- you were -- can you tell me what your -- for the lack of a -- it's kind of an informal way -- job description was. What were you called in to do to evaluate for the City of Marco? DR. MOELLER: For the City of Marco -- COMMISSIONER TAYLOR: Yes. DR. MOELLER: -- and this engagement by Fitch? COMMISSIONER TAYLOR: Yes. What was the -- DR. MOELLER: So we were engaged by the city to evaluate opportunities that the city may have to enhance their level of EMS services on the island by taking on some level of responsibility for ALS transport in addition to the ALS paramedic services they provide today. COMMISSIONER TAYLOR: Now, I'm not trying to be difficult. I just wondered, were you asked to evaluate the cost as versus establishing their own ER on the island so that folks could be transported and stay on the island as versus having another ambulance and incurring going that way? Were you asked to weigh those two areas at all? DR. MOELLER: No, that was not part of the scope. It was to evaluate what cost, if any, would be needed in order to assume full May 22, 2018 Page 61 transport responsibility. COMMISSIONER TAYLOR: Thank you. DR. MOELLER: Thank you. CHIEF MURPHY: Good morning, County Commission. Mike Murphy, Fire Rescue Chief, Marco Island. In answering the questions that have been asked, on No. D, first of all, where it says "Marco Island shall remain a full participant in Collier County dispatch and automatic mutual aid system, including without limitations remaining subject to countywide closest-unit dispatch," I think our position was quite clear in front of the EMA. First of all, Collier County uses a pre-alerting system at the present time. They do not do EMD dispatch. EMD dispatch has been recommended by the consultant as a best practice and should be entered into or looked into in Collier County. But right now we do pre-alert. And pre-alert means that the closest unit is dispatched to the location based upon their location and proximity. And then through the CAD system, our units are updated, and they may find out it's a sprained ankle. They may find out it's something else. But at least units are initially dispatched. During the EMA meeting, we indicated clearly that we would participate in the higher-level calls. If the information came in and it was a sprained ankle or something to that effect, and our unit was on its way back, a transport unit, that that unit could continue on as long as there was another unit within reasonable distance. And it's pointed out the BLS response of the county is -- that would be an appropriate time and place. You also need to understand that units continually communicate currently in the field. And we co-staff one of your vehicles, and that unit can and will be dispatched. And the units talk to each other in the field. May 22, 2018 Page 62 The pre-alert -- and we would continue to do that. But, again, our priority is, as pointed out to the EMA, was we feel that the higher-priority calls would be the calls that we should be dispatched and will respond to in a transport. And those things can be worked out in an operational procedure agreement as you do with others in reference to how units move. Those are operational procedures that are normally worked out between chiefs and have been in the past and would continue in the future. And the second question in reference to the medical director, and we agree, that our medical director would be the assistant medical director to the medical director of the county. I will respond with the same answer that we gave the county. The medical director of the county can submit his application and his qualifications to our city. We go through a purchasing process for that, just as you do through contractual arrangements. When it reaches certain numbers, we do interviews and then we prioritize and we pick the individual who we feel is best suited for the Marco Island Fire Rescue Department and for the citizens service on Marco Island. We would not agree to making that person an assistant to the medical director of the county. Our license through the state and the state licensure grants the fact that our medical director is our system service; however, as stated at the EMA meeting and in other questions, we would collaborate with the medical director, we would work with the medical director, just as we would work with your EMS system, to give the best service possible to the residents of Marco and the residents of Collier County. Our units are here. We will do mutual aid. We will do automatic aid. Those are part of our agreements. And we could work all of that out operationally. Are there any other questions for me? CHAIRMAN SOLIS: Commissioner Fiala? May 22, 2018 Page 63 COMMISSIONER FIALA: Yes. Could you please tell me what your plan is for Goodland? You being the closest place to Goodland, and we're pretty darn far away from them. Our closest ambulance would be on Isles of Capri. Can you tell me, being that nobody on Goodland will be paying toward this ambulance as far as taxing goes, how will you handle the Goodland? CHIEF MURPHY: Well, first of all, that ball is really in your court. Number one is we have already stated at the EMA that we have no intention of not responding into Goodland, that that would be our primary response area. Every year we renew a contract with you for fire and, basically, EMS services to be provided off of our vehicles into the Goodland district. We would have no intention of doing that; however, an individual did state the fact that under an ALS license we would be licensed for the City of Marco. We would hope that the county would agree to allow us to respond into that area through an interlocal agreement or through the MOU/MOA that we currently have with you. We absolutely are not going to deny those residents any services that we currently provide and would hope to provide in the future, but that's, again, your decision. COMMISSIONER FIALA: Would we then -- before this all is taking place, would we put together some type of a local agreement so that it states all that, that the county, yes, invites you to do that and that you, yes, will, indeed, cover Goodland? CHIEF MURPHY: I think upon renewal of your MOA with us in reference to us providing Fire Services and -- that could be just modified in reference to that Goodland area, that we would agree. I mean, we currently provide ALS services to that area with our engines and also in reference to EMS. COMMISSIONER FIALA: And with Fire as well as. I mean, May 22, 2018 Page 64 you serve them well. CHIEF MURPHY: And with Fire. COMMISSIONER FIALA: I just wanted to put that on the record. You and I have already talked about that. I just wanted to make sure that people in the audience knew that we had also discussed that, as well as our own county people, so that Goodland will be covered. Thank you. CHIEF MURPHY: And I would also like to go on record in reference to the fact that we will exceed or improve the services that are currently given by the county within Marco Island. Currently, our fire trucks are not equipped the same in reference to their drug boxes or their capability, yet our employees are quite capable of doing that. I think that's a dramatic improvement to the service of residents. Actually, it was stated by your consultants that you hired in reference to your Emergency Service Consulting, Incorporated, did a county master plan where they clearly indicated that the system is already fragmented and ALS engine personnel are not utilized to their maximum efficiency. From the very beginning of this argument, our contention has been that we all should be using our personnel, especially the existing resources within county to the benefit of the taxpayers of this county as well as to the taxpayers on Marco. And by standardization of drug boxes across the board in reference to every one of our trucks, there will definitely be an improvement to the service along with the fact that we are improving by adding our additional resources paid for by our residents. Working collaboratively with your medical director, we can give even better service to our residents and to the residents that we service in the adjacent jurisdictions. COMMISSIONER FIALA: I have more questions, but I'll wait till everybody's done. I mean, the speakers are done. May 22, 2018 Page 65 CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: No, I have no questions. CHAIRMAN SOLIS: Are there any other speakers on behalf of the city? (No response.) CHAIRMAN SOLIS: I'd like to just ask a question in that -- and we just had a discussion about what the terms of this interlocal agreement would be, and it seems to me that how all of this is going to work depends very much upon the terms of an interlocal agreement that we don't have yet. And I'm just wondering if that isn't something that should be discussed and worked out prior to making any decision because, ultimately, how this is going to impact both the city and the county is going to be dealt with in terms of an interlocal agreement. Am I -- am I misunderstanding -- MR. OCHS: No, sir. That's certainly an option. In fact, in the staff recommendation portion of your executive summary, we provided that as one of several option to you, that instead of granting the certificate then working out details, work out the details then come back and have your hearing when you know what all the agreements are. CHAIRMAN SOLIS: Why -- from the city's standpoint, why wouldn't we want to do it that way? Just for -- so that the city understands its obligations off the island and the county understanding its obligations on the island. MR. GRIFONI: Well, personally, I think what would make the most sense, if that was the direction that you wanted to go, is that you approve the COPCN today conditionally on a mutually-beneficial and agreed-upon interlocal agreement no later than June 30th, 2018. We have a referendum scheduled on August 28th. Absentee ballots will go out sometime in early to mid July, and we would like to May 22, 2018 Page 66 have that solidified well in advance of those ballots going out. And, secondly, with respect to the interlocal agreement, just as a principle, the HB1395 does not have that as a condition. So if we ended up going to the Department of Health to seek a license directly from the state, that wouldn't be a requirement in advance of getting that license, but it is something that, of course, we would continue to work with the county on. So I think if you were to add that as a consideration for today's decision, that, you know, we set a time-certain on having that completed no later than June 30th. And if we do come to an agreement between the chiefs, between the individuals who actually, you know, know how this will all operate and the best practices for the county and for the city, they come to that agreement by June 30th, and I think that will be in the best interest of Marco Island citizens as well as county residents. CHAIRMAN SOLIS: Any other questions for the applicant? MR. OCHS: Did you want to hear from the chief, Chief Butcher? COMMISSIONER FIALA: Not for the applicant, but I do want to say some things. CHAIRMAN SOLIS: Right. CHIEF BUTCHER: Thank you, Commissioners. I appreciate you giving me the opportunity to speak on this. Tabitha Butcher, Chief of Collier County EMS. I'd like to give you a little bit of background in the decision that I made to relocate the ambulance on Marco to higher ground. For days preceding the storm, myself as well as the other fire chiefs within the county actually had daily conference calls talking about the condition of the storm, changes that were happening, and where we would locate units if we became part of the flood-zone area. Chief Murphy was also part of these discussions and, as I said, it was a countywide effort to make sure we all moved units together. May 22, 2018 Page 67 On the day of the storm, I had spent several days within the EOC watching the storm. Marco was under mandatory evacuation, and there was a prediction of a 15-foot storm surge coming into that area. And as some of the citizens had stated, I did make the decision to move that unit because, yes, first and foremost it is our responsibility as EMS to protect the citizens of Collier County and respond to their needs; however, if our first responders are injured or they do not have a vehicle to get them there, they're not going to be helping anybody. This was also evident in Everglades City. Chief Schuldt and I collaborated together. We made the decision to move that ambulance out of Everglades City, and thankfully we did, because that station took on about six feet of water. And as you can imagine, for me I have to take a look at the county as a whole, and I also have to protect my people. And it's much easier for me to stand here today before you and justify why I moved the ambulance than to have to stare somebody's family member in the face than tell them that I did not protect them, and their family member got hurt. So when I say that I would make that decision again if I was presented with that same scenario, yes, I would move them. And, interestingly, on the September 5th meeting of the Marco City Council, Chief Murphy made a statement that for 72 hours during the storm people are on their own if they do not follow a mandatory evacuation. Some of you may know that once wind speeds reach 45 miles per hour, we take emergency vehicles off of the road because there's a risk of heavy winds pushing a unit over. I did not have the ambulance stay on Marco and move to higher grounds because it was a much better option to move them off and not take on that water and potentially be able to get back to the island instead of being stuck on high ground not being able to move at all. There's some concerns about some of the things that Chief May 22, 2018 Page 68 Murphy said. And as Director Summers spoke earlier, he had mentioned that a lot of the questions that we asked during that EMA special meeting were not answered, and I still feel that way. You know, he had made a comment just now during his presentation that his units would respond to calls that sounded liked they were of high alert. That in itself is a concern because the county is all on one countywide dispatch system, and our units are -- they respond based on the call coming in. Our current medical director does have input into those protocols that dispatch uses, and a lot of times calls come in, and they may come in as a sprained ankle, but once you get there you realize it's a cardiac arrest because somebody fell as they were going down. So it's very hard to always determine, just based on what you're being dispatched to is, actually what you're going to roll up on when you get there. And when you're talking about changing dispatch protocols to priority dispatch versus pre-alerting, you're talking about affecting the entire Collier County, including the Collier County Sheriff's Office, who is actually in charge of our dispatch center now. So that decision would not only affect how we operate and what care the citizens receive within the entire county, but it also affects how Collier County Sheriff's Office does business. During the hurricane, you know, as I said, we did move the ambulance off the island; however, we did not refuse to respond. We were actually still going to respond to the island if needed, however, with a delayed dispatch. Just prior to the storm rolling in, there was a call, a dispatch on Marco Island. Our unit was relocated to Physicians Regional Collier Boulevard Hospital. We were on the way to that call, and the Marco Island Fire Department actually canceled Collier County EMS and said they needed to move that patient immediately; however, after they canceled us, they remained on scene 12 more minutes before they May 22, 2018 Page 69 decided to take off and transport that patient. So as I said, we were not refusing to respond. We were still responding. We were just canceled by Marco. I'd be happy to answer any questions that you have. COMMISSIONER TAYLOR: I have a question. Chief, we've heard testimony from the Chair of the Marco City Council that it would be in the best interest of the county not to negotiate an interlocal agreement before the vote. In your opinion, would you please comment on that. CHIEF BUTCHER: Absolutely. In my opinion, I think that would be a terrible idea. It's almost like asking somebody to do something without knowing the terms of it. So, basically, they're asking you to agree on something that you don't really know what it's going to look like. And that's been one of our concerns with not having a lot of these questions answered, because we don't know what it's going to look like. We aren't able to say that we could relocate ambulances or resources because we don't know what they're going to be expecting of us. COMMISSIONER TAYLOR: There has been no discussion of the expectations of Marco Island on the county's EMS system? CHIEF BUTCHER: There was some discussion that came up at the special Emergency Medical Authority meeting; however, a lot of the answers that we were given when we asked specific questions about what do you expect for zone coverage, how will you be responding if you're at the hospital and you're the closest unit, the phrase that continued to come up was, well, we'll discuss that and we'll negotiate that in an interlocal agreement. So, basically, no, we did not get exact answers of what those expectations were. COMMISSIONER TAYLOR: In your opinion, has the budget of this assuming of EMS on Marco Island, has that been fully vetted with May 22, 2018 Page 70 -- in the public venue? CHIEF BUTCHER: That was also discussed at the EMA meeting; however, some of the numbers that were presented by Marco are not in line with the numbers that we put forth. You know, we run the EMS system, and we know the things that are involved in running that. So some of those numbers did not match up completely, and that still remains a question that comes up in several of the public meetings is, do we really know how much this is going to cost us in the long run? COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Any other questions? COMMISSIONER SAUNDERS: I've got a couple questions for the chief, if I might. CHAIRMAN SOLIS: Sure. COMMISSIONER SAUNDERS: Are there fairly standard interlocal agreements that our different fire services and EMS use? Is there something that would be very unique about this that would require having that agreement in place prior to approval of the COPCN? And the reason I ask that question is, if this is approved, it will be conditioned upon having an interlocal agreement. I'm not sure why that would be a problem. CHIEF BUTCHER: So this is a unique situation for us because we haven't had a situation like this before. There are interlocal and mutual aid agreements out there. We have them with Lee County EMS, Broward County, and Dade County EMS, and the fire districts have them as well. The unique thing about this that differs from, say, our interlocal agreement with Lee County EMS is the fact that Lee County EMS has the full resources to provide care and coverage for their entire county. It's very rare that we are called into Lee County to assist to them, because they have enough resources to do it on their own. May 22, 2018 Page 71 The other thing is that the closest-unit dispatch, that's another thing that we have not had before with other counties that we have interlocal agreements with. So depending on what it is that they are going to be committing to respond to could definitely have an impact on that interlocal agreement as well. And based on the call volume in Marco and the number of times that we move resources to cover that area, we are going to be going down to Marco quite a bit still. One of the challenges that we have in EMS is that hospital offload times can be extensive at times, especially during season. The hospitals are packed. We take patients in there, and there's been times that we've waited for up to an hour to two hours to offload a patient from an ambulance cot. Marco is going to run into those same challenges. And when those units are tied up at the hospital, somebody has to cover the island, and Collier County EMS would be the next one to cover that. MR. OCHS: See, my position would be that that would be an obligation of the city if they have their own COPCN. You should have -- COMMISSIONER TAYLOR: They could cover themselves? MR. OCHS: Yes. If they need three or four ambulances to handle that, that's what they should do under their certificate. Because you need the flexibility to take that unit that's down there now and perhaps move that into another zone that doesn't meet the current level of service that you have for your systemwide EMS delivery. And if we're obligated to provide that zone coverage on a daily basis, I don't see how you're going to have that flexibility. COMMISSIONER TAYLOR: So this hasn't been discussed? MR. OCHS: I'm going to ask the chief how much she's discussed that or what we found out about that. CHIEF BUTCHER: No, it has not been discussed fully. As I said, in the EMA meeting when that question was brought up, the May 22, 2018 Page 72 answer was we'll negotiate that in an interlocal agreement. It has also been said at some of the Marco town hall meetings that we would hope that the county would back us up, but there have been no formal discussions between Chief Murphy and myself over their exact expectations from the county. COMMISSIONER TAYLOR: Would you repeat -- there's been -- you haven't discussed this? CHIEF BUTCHER: No, we have not -- I have not had formal conversations with Chief Murphy over what they would be expecting from us. They want to negotiate that within an interlocal agreement. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: I just have a question. Being that -- I'm going back to Goodland now. We were just talking about Marco covering for itself, and you were saying that we would be moving our ambulances from the county to other places because Marco has their own COPCN, but somebody's got to take care of Goodland. Is it going to be them, or is it going to be us? MR. OCHS: Well, they have a contract with you right now. They get paid to service Goodland. COMMISSIONER TAYLOR: Who's "they"? MR. OCHS: The City of Marco Island Fire and Rescue, and that's a valid binding contract. I don't see any reason to get out of that agreement unless the Board -- COMMISSIONER FIALA: So we would extend that, then, also beyond Fire but also to EMS; is that what you're saying? Because we don't have a formal agreement about anything right now. MR. OCHS: The current agreement, Chief, with Goodland or, Dan, does that include EMS service as well as fire rescue? CHIEF BUTCHER: It's fire service in addition to the ALS that Marco is currently able to provide off their fire engines. COMMISSIONER FIALA: Yeah, but that's our ambulance. May 22, 2018 Page 73 Now we're talking about a separate entity altogether, so... CHIEF BUTCHER: Yes, that would need to be included. MR. OCHS: I think that agreement could be modified to include that. And I believe -- and I don't want to put words into Chief Murphy's mouth, but I believe I heard him say he has an interest in doing just that. COMMISSIONER FIALA: Okay. And I think I heard that, too. But, Chief Murphy, would you just come up and tell us that on the record, please. I just want to make sure these people are protected. MR. OCHS: Yes, ma'am. CHIEF MURPHY: Again, for the record, Mike Murphy, Fire Rescue chief, Marco Island. Yes, I did make that statement. I did indicate that the ball's in your court. The agreement would just have to be modified on your side, but our intention is absolutely to provide the service. COMMISSIONER FIALA: I don't worry about Isles of Capri because we already have an ambulance there, so -- but we didn't have anything in Goodland. I just wanted to cover that. Thank you. CHIEF BUTCHER: Any more questions? CHAIRMAN SOLIS: Any more questions? COMMISSIONER FIALA: I have a couple comments. One of the things as I just look at it -- and I've heard this with fire departments, so I'm going to also rope EMS into that. The Marco Island people know where all the addresses are. You bring somebody strange off of another area, and they could get lost real easily, especially on some of the streets and so forth. I think that -- I can understand why Marco would want to because they know their people, and they know the addresses and how to get to them easily. And the second thing is, they're really hit hard with tourism in the wintertime, more than anybody really realizes. And how they'll ever get to a hospital -- I mean, you can't even move off of the island after May 22, 2018 Page 74 3:00 because there's so much -- a line of traffic. And if they're trying to get an ambulance through -- and it's three deep -- you just can't get through at all. I don't know how they're going to meet that challenge. But it's no different than our ambulance, whoever is doing that. That's going to be a big thing, too, and they might just have to get helicopters in order to get the people off the island. I don't know what they're going to do about that. But that's something to discuss in negotiations just to make sure -- once that Marriott is up and running full time -- man, you know, it actually affected our tourism rates in Collier County just because the two hotels were down. So I just wanted to put that on the record. But one thing I have noticed, working with Marco Island over the years -- I've been their commissioner for 18 years, so I kind of know the area pretty well -- when they tell you they're going to do something, they're going to do it, and they're going to do it better. And I've said this over and over and over; they're going to do better than they would ever have promised to do just because they always meet their obligation, and then they go the extra mile. So I have a lot of confidence in them. COMMISSIONER McDANIEL: Are we done with questions and comments from staff and everybody? CHAIRMAN SOLIS: I believe so. No more public speakers. CHIEF BUTCHER: If you don't mind, I would just like to comment on Commissioner Fiala's comments. You bring up a very good point when you talk about the island being busy and ambulances being able to get back and forth. Currently, you know, Marco has stated that they would provide an additional ambulance to what is already stationed on Marco. And it's important for you to know that Marco not only has one full-time ambulance. They actually have access to 26 ambulances that we have within our system. May 22, 2018 Page 75 We have pretty detailed zone coverage policies that states Marco will always be covered. So as that ambulance goes out, we continue to move ambulances from the rest of the county and kind of moving them like chess pieces to make sure that Marco is covered. When they run out of two ambulances that they are projecting to have, then that backup, you know, would fall on us, but they're not going to automatically have that coverage that they have today. COMMISSIONER McDANIEL: Thank you. COMMISSIONER FIALA: And you can tell them how the coverage comes off of Isles of Capri, and then to cover Isles of Capri they thing the one up from 951 near U.S. 41 and how they move so that you can see them always moving and covering it all. And I've heard tell that there have been times when we've had four ambulances working Marco Island. CHIEF BUTCHER: Yes, ma'am, that's correct. And that's why having a unified, consolidated EMS system is very beneficial, because we know where all of those ambulances are at any given time, and we know where we need to move them to provide coverage for the entire county. COMMISSIONER FIALA: So if that same thing occurs, you know, especially if there's a line of traffic and so forth because of tourism, would we still have an interlocal agreement with them to provide the backup? Because, I mean, they can only have so many ambulances, and they're going to need our backup. Are we going to do something along that line? CHIEF BUTCHER: If that's what we're directed to do, we will work with them. CHAIRMAN SOLIS: Commissioner Saunders? Commissioner Saunders' light's on. COMMISSIONER TAYLOR: No. COMMISSIONER SAUNDERS: I think Commissioner May 22, 2018 Page 76 McDaniel was first. COMMISSIONER McDANIEL: I just want to get to a point where we're not negotiating or having comments made by the Board refuted by staff or anybody else. I want to get to a point where we're actually going to have our discussion and make our comments accordingly without backup or additional -- that's -- and then I do comments. I've been sitting down here making notes for quite some time. So whenever we get to that point, I'm ready. CHAIRMAN SOLIS: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: Depending on when we vote on this, I'm not sure whether I'm going to vote yes or no. I've changed my mind about 16 times here in the last two-and-a-half hours -- or last hour and a half. Commissioner Solis, you make a very good point when you say ideally we would have the interlocal agreement in front of us, all the details would be worked out, and then we could decide whether to move forward. But we have a situation where there's going to be an election on August 28th, regardless of what we do, and so we don't have the ideal situation. And I'm just going to point out -- and I want to listen to everybody's discussion -- but if we do approve this and we condition it on an acceptable interlocal agreement, then I think that takes care of your concern. So if we do move forward, there's not going to be an active EMS facility on Marco Island based on our approval with no interlocal agreement. And so I want to hear what Commissioner McDaniel has to say, but I think if we do approve this, that puts us in a better position, perhaps, than if we don't, but I do want to hear what everybody has to say. CHAIRMAN SOLIS: Commissioner Taylor's light's on, and then Commissioner McDaniel, unless you've already said what you wanted May 22, 2018 Page 77 to say. COMMISSIONER McDANIEL: I haven't said anything yet. I have a lot to say. CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: Well -- and I'm -- you know, I understand, and I can empathize; you want to hold your own destiny in your hands. You want -- you know, you're a city, and you want to function as a city, and this is very important to you. My concern is that there's no agreement right now, and that's my greatest concern. So you really don't know what the costs are going to be because we haven't come to any kind of agreement about those things: The money, the number of ambulances, whether we are going to be the backup or whether we're going to require the city to be a backup. So it's -- this is tough. It's kind of like -- it's kind of like letting, you know, a child drive -- or a teenager who's old enough to drive, but we don't know whether they've done the homework in order to allow them to drive. And this is -- and it's not holding you close and not letting you go. It's more -- I'm concerned about your safety. And, again, I ask myself, have you ever, ever talked about getting an agreement with a hospital so you could have your own ER on the island, and if you haven't why not? UNIDENTIFIED SPEAKER: That's urgent care, not ER. UNIDENTIFIED SPEAKER: It's not going to happen. COMMISSIONER TAYLOR: I don't know. This is -- to me, this is risky business for you. And I still haven't made a decision because I'm going back and forth, too, but I am concerned. CHAIRMAN SOLIS: Okay. I think now we're at a point where we can make our comments. COMMISSIONER McDANIEL: Okay. Good. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER SAUNDERS: Commissioner McDaniel, are May 22, 2018 Page 78 you finished? COMMISSIONER McDANIEL: I'm sorry? Yeah, I'm done. I have to say this: You know, someone alluded earlier about how long I've been here, and I finally found a job I'm qualified for by cleaning her jacket. I'm in a -- we are in a very, very precarious position. I've known Dr. Tober for a hundred years. Our director of emergency services, Tabitha Butcher, Chief Butcher, they're recommending that we deny the request, but on the same token, I'm hearing very, very valid points from the residents of Marco Island. From my colleagues up here on the board, Commissioner Taylor, you brought up the almighty 800-pound gorilla in the room, and that's money and with regard to who's going to pay for what and how this is all going to, in fact, go. I've had conversations with the City Council members with regard to previous negotiations that have transpired. I've seen, much to my dismay, egotistical statements coming from, necessarily, both sides with regard to who should be able to do what they can and what they can't do, and it frustrates me. It frustrates me to no end that there is ego involved with regard to this, because what we actually care about is our people and the care of our people. I know myself, and I know everybody that's on this planet since the inception of 911 -- when we were young growing up, we didn't have 911. And we've talked about this in Eastern Collier County at length. And when we hit 911, we really don't care who shows up. We really don't care about interlocal agreements. We really don't care about ALS or BLS. We want the most competent care that we have that can be given to us as quickly as, in fact, possible. And I'm inclined, if the folks on Marco Island are willing to tax themselves and pay for that, to afford that opportunity to them with the concerns that have been raised by our own staff with regard to the May 22, 2018 Page 79 continuous care and the functioning of our entire EMS system. I think, if I've been able to put the pieces of the puzzle together today that I've heard, that we should -- we should, as a board, not vote on this today. We should continue this item. I don't know, necessarily, that there's an emergency that this has to be voted on today. I think this item should be continued. I'd like to volunteer myself as part of the negotiating team, if you were, to clarify some of these things. I'd like to know that the residents of Marco have been told the truth as to what the actual expenses are and what they're voting for. I'd like to know that -- because the report -- Dr. Tober's four-page letter that we all got, I mean, it was fraught with suppositions. There was concerns about hiring of EMS and what was going to do with this and that and potential of this and potential of that, and I -- and, again, with all due respect, I love that man. It's just I can't today say that this should go forward without having negotiated out the terms and conditions. I found rather ironic that Chief Murphy referred to this as an argument. This isn't an argument. This is how do we best provide the care for the emergency services of our residents of all of Collier County. Chief Butcher talking about rotation of ambulances. At the end of the day, Commissioner Taylor, it's all about money. If they -- if the residents of Marco Island want to tax themselves and pay for three ambulances and they all roll off the island, we're required to roll them in, our own 26 ambulances, to cover them. I mean -- and that's necessarily the way it should be. This discussion is -- again, it's fraught with emotion, it's fraught with politics. And my decision today is not fraught with emotion, it's not fraught with politics. It's with pragmatism that I'm suggesting that we defer this actual decision on the COPCN, and time-certain, per the chair of the City Council, come up with a suitable agreement in advance before the electorate actually votes to tax themselves and the May 22, 2018 Page 80 county enters into a conceptual COPCN. Tabitha Butcher -- excuse me. She's my friend. Chief Butcher said, you know, we've never done this before, but we're going to get to whether our staff likes it or not. If the voters of a Marco Island, in fact, vote to move forward with this, we're going to get to do this. And my suggestion would be that we have these agreements done in advance before we actually vote in favor of this. There, I've got to say my piece. If you want me to make that a motion, I'd be happy to. COMMISSIONER FIALA: Please. COMMISSIONER McDANIEL: Okay. Well, you ought to do it. COMMISSIONER TAYLOR: Well, there's a motion on the floor? COMMISSIONER McDANIEL: Well, no. You know what, I'll withhold my motion and let the rest of you -- since you were kind enough to allow me to speak; thank you. CHAIRMAN SOLIS: And I would just like to add something to what Commissioner McDaniel has said. Yeah, I'm also concerned that we don't have the details worked out in what the interlocal agreement would be and what the impact of that would be both on the city and the county. But, also, I'm a little concerned with the process here, because the ordinance that we're operating under and that this decision is made under has certain criteria that the applicant has to meet. And the executive summary -- and we've had testimony -- says that some of these criteria haven't been -- no evidence has been shown to support any of the criteria, or not any of them, but some of the criteria, and that's concerning to me. The County Attorney pointed out that there is a provision in the ordinance regarding the appointment of a hearing officer to actually May 22, 2018 Page 81 hear the evidence. I mean, this is supposed to be an evidence-based decision. And so, in conjunction with what Commissioner McDaniel is raising, I would suggest that -- I mean, we need some determination on what the evidence is for each of the criteria for making this decision. That's what we're supposed to be doing, as I understand it. COMMISSIONER McDANIEL: It's not an argument. CHAIRMAN SOLIS: It's not an argument. It's a presentation of evidence, and does the evidence support the decision. So, you know, I would like the Commission to -- the Commissioners to consider that as well, that we need somebody to hear -- because the ordinance is almost written like a zoning ordinance in the sense that there's criteria, and the applicant has the burden of bringing the evidence forward, and we're supposed to make a decision based upon whether or not the evidence supports that they met the criteria. So I just -- I don't feel like we've done that. COMMISSIONER TAYLOR: So I like your idea of a hearing officer. That's an interesting place to go. COMMISSIONER SAUNDERS: We're going to have an election in 90 days regardless of what we do up here. COMMISSIONER McDANIEL: Correct. COMMISSIONER SAUNDERS: And you're not going to have a hearing examiner review all of this and make some determinations or some recommendations and have it come back to us in the 90 days between now and the election. That would be impossible. And if we think it's not impossible, then we've got that London Bridge for sale if you want to consider it. COMMISSIONER McDANIEL: I'll take a few shares. COMMISSIONER SAUNDERS: You know, I was steadfast against fragmenting our system but, you know, we're obviously in the 21st century. Communication is very well established amongst May 22, 2018 Page 82 different emergency systems. I don't think that we're going to have any problems with coverage on Marco Island. I don't think we're going to have any problems with Marco Island covering Goodland and doing all of the things that are going to be required. What I think we need to do -- and we may be granting it or may be denying it, but I think we need to -- if we grant this today and we condition it upon some of the conditions if not all the conditions in the majority report, we condition it on the comments from Chief Murphy concerning Goodland, and we condition it upon having an acceptable interlocal agreement, then I think we've got our concerns covered. If we don't do that and it goes to the voters in August and it's approved, we have really no say in this. Now, we may not have a whole lot of say in it anyway if it's approved by the voters, but I think what would happen, quite frankly, is if it's approved by the voters and AHCA has an application and they have our conditions on an approved COPCN, I think AHCA would certainly be willing to at least listen to what the conditions are that we are attempting to impose. If we simply say, well, we're going to continue this for the next 90 days as we set up a hearing examiner, I don't think we're going to have that much of a role in it. COMMISSIONER McDANIEL: I didn't say 90 days. COMMISSIONER SAUNDERS: I know you didn't say 90 days. I'm saying, you get a hearing examiner and you present all of this evidence, you're going to be 90 days or more down the road. COMMISSIONER McDANIEL: And it's -- just as a point. I mean, Commissioner Solis is the one that said the hearing examiner. I was actually leaning on us coming to a resolution with this before -- I could actually see it transpiring before our second meeting in June. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SAUNDERS: And, you know, with all due respect, that would be a lot of pressure on everybody, but I don't think May 22, 2018 Page 83 you can do it. COMMISSIONER FIALA: Why don't you make a motion? CHAIRMAN SOLIS: My question -- and my question is: If we approve with all the conditions that you just mentioned and it goes to a vote anyway, then what -- I'm just wondering what's the purpose of this entire exercise if it's still going to a vote? Because, ultimately, we could end up with the COP -- or the approval from the state that doesn't conceivably contain all of the conditions that we want. COMMISSIONER SAUNDERS: I understand, and that's why I say, we don't have a perfect situation here, but we do have an opportunity at least to take a position on what would be acceptable to us if there was a COPCN issued by the state. I think -- I would suggest that if this is approved with conditions, that we certainly be involved in any AHCA application pursuant to the referendum so that at least AHCA knows we're willing to move forward with a COPCN but we have to have certain conditions that are met, I think it puts us in a better position. Now, the gamble there is, obviously, that the referendum may fail. So we condition it -- Condition Number A, from the majority part, is that it's conditioned upon the referendum passing. So I think we put ourselves in a better position, that's all. And I don't see any point in deferring this or delaying it. We know that there's going to be an interlocal agreement. We know that these chess pieces that Chief Tabitha has talked about, the 26 chess pieces, they're going to move around. We know that there's going to be good communication. You know, the one issue I'm struggling with is -- quite frankly, at this point is who should be the medical director. And, you know, change is difficult. I would have -- yesterday I would have said there's no way in the world I would consider having a separate medical director on Marco Island. I don't think I feel that way today. I think May 22, 2018 Page 84 having their own medical director is maybe not such a bad decision. There will be coordination. There may be different drugs on the trucks, but there will be -- certainly any medical director on Marco Island is going to make sure that the individuals are well trained. So I don't -- I think we're in a better position if we move forward than if we don't. COMMISSIONER FIALA: You were eloquent. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Well, Commissioner Taylor -- do you have a comment, Commissioner Taylor? I was going to make a motion for continuance. COMMISSIONER TAYLOR: Well, I would like to ask our County Attorney, is it so pie in the sky that we could have a hearing officer come in and help us in this before, I guess, the June deadline? MR. KLATZKOW: If you look at the local bill that was enacted -- you know, I know Marco Island wants to have a quick election, but the local bill requires that before they can go their own way, that this board denies the certificate. So, you know, I understand they want an August hearing, but as a precondition for their being exempt from obtaining a certificate of public convenience from us, you have to deny it first. That's what the bills says. COMMISSIONER TAYLOR: So they can't go to an election until we vote to deny it? MR. KLATZKOW: Well, they're going to do an election anyway, so now -- MR. OCHS: I believe the language is if it's unapproved. COMMISSIONER McDANIEL: Or denied. MR. KLATZKOW: Unapproved, yes. So if the Board's continuing this -- MR. OCHS: Well, you didn't deny it. May 22, 2018 Page 85 COMMISSIONER TAYLOR: You didn't deny it. COMMISSIONER McDANIEL: Correct. MR. KLATZKOW: I don't know that we really want to go that way. You could send it to a hearing -- look, you're going to make -- we've had these applications before the Board before, and it's been a one-day hearing, and the Board has made a decision one way or the other. It happens all the time. You can send this to a hearing examiner with the conditions that they hear it and give you the recommendation or decision right there and then; that they don't hold it 15, 20, 30 days. So from a timing standpoint, you're getting close but, yeah, you could do it. You'd have to do it real soon, but you can do it. COMMISSIONER TAYLOR: Yeah. May I ask the Chair of the City of Marco to come back to the podium, please. Is there -- is there any reason that August -- it has to be an August election when you have a general election in November? MR. GRIFONI: Yes. We set a binding referendum for August 28th, 2018, and that was based on the Collier Supervisor of Elections' recommendation that they do not allow -- or they do not want any additional referendum or anything on the November election because of the length of the ballot, especially with the constitutional questions that are going to be on in 2018. But I think there's a little bit of confusion with respect to the referendum itself. The referendum will authorize the city to collect the tax dollars in order to fund the locally operated transport service. So it doesn't -- it's not directly related to whether it's a county COPCN or state COPCN. It's just authorizing the city to collect those tax dollars and getting the support from the citizens. So if that vote is affirmative in August, then the city's option at that point will be either to accept a license or an approval through the county and a license -- or go directly to the state. It doesn't bind us one May 22, 2018 Page 86 way or the other to go either to the state or through the county. And I've heard a comment that maybe there was some idea that if we go to the referendum, we have to go to the state. That's not the case. COMMISSIONER TAYLOR: Okay. Thank you for the clarification. MR. GRIFONI: And one thing I just wanted to add about the hearing officer; I don't think that has ever been done before by your board for any other application that may have come through, so I think in this situation, I mean, we've gone through the process. We've gone to the EMA. We got a conditional -- recommendation for a conditional approval from the EMA. We have an approval from the State of Florida to go to the Department of Health for a license. So I think, you know, kicking the can down the road or perhaps going to a hearing officer is unnecessary and would be applying an entirely different standard to the City of Marco Island that hasn't been applied to other applicants. Thank you. COMMISSIONER FIALA: Mr. Chairman, could I ask Commissioner Saunders, because he was so eloquent in his speech, to make a motion? I personally agreed with everything you said as far as moving forward, but I can't say it very eloquently. COMMISSIONER SAUNDERS: Well, I think you probably can. I will make a motion. If the majority wants to continue this, it looks like there's at least two of us that don't want to continue this. Let me just ask is -- if we can move forward, I'll be -- I'll make a motion, but if we're going to get three votes to continue this for a hearing examiner, there's no point in making the motion. But let's find that out and -- COMMISSIONER FIALA: I just think that's even more delay. I think we've heard everything we're going to hear. I don't think there's May 22, 2018 Page 87 anything new to be discovered except that we need some conditions -- COMMISSIONER SAUNDERS: I agree. COMMISSIONER FIALA: -- by which to approve this, and so I would think that we should move forward. COMMISSIONER SAUNDERS: Well, I'll make a motion then, and we'll see what happens with it. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: And, again, I've said this before, and I'm inclined to approve the request with conditions. I just think that there is -- there's not a rush for us to actually approve this this minute and that we could take a second to negotiate some of the formalities with regard to the MOU or the letter of intent for operational standards. There's certain aspects of the majority report from the EMA that are of consensus, and then there are those that are not. And I think -- I've suggested by our second meeting in June. We could shorten it up to less time. I just think it's premature at this stage to actually vote for the approval subject to conditions that we're extrapolating from people when they're coming up to the microphone. I mean, you're asking -- you were asking the consultant questions who willingly said he wasn't prepared nor necessarily qualified to answer those, and then there was delineation from the applicant while they're at the microphone. And I think if we -- again, as I said, this is fraught with emotion and politics. If we step back from this physical decision this minute -- and even if it's two weeks, I don't -- I'm not really -- I don't -- this isn't that difficult. I think if we all got together a little bit here, we could come up with a resolution that would be satisfactory to both. COMMISSIONER SAUNDERS: So you want to continue this until our first meeting in June -- COMMISSIONER McDANIEL: No later than. May 22, 2018 Page 88 COMMISSIONER SAUNDERS: -- at which point in time you will have assisted in the negotiation of the interlocal agreement that will come back to us? COMMISSIONER McDANIEL: Yes. MR. OCHS: Commissioner -- and, again, with respect and not to be argumentative but, you know, the Board sets policy under the law. The county staff carries out that policy and operational directives. I appreciate the offer but, you know, if you want to direct the negotiation of an interlocal agreement, we'd be happy to do that and bring it back to the Board. COMMISSIONER McDANIEL: And I'd be more than happy to work with you on that -- MR. OCHS: Thank you. COMMISSIONER McDANIEL: -- sir. MR. OCHS: I'm just trying to keep everybody -- COMMISSIONER McDANIEL: And I can't speak for the Board. I can't speak for the City of Marco. I just would like to -- I'd be more than -- I volunteered to do that. I'd be happy to do that. COMMISSIONER FIALA: Well, I would love to sit in on that, being that this is my district. COMMISSIONER McDANIEL: We both can't, but you can if you want to. MR. OCHS: Yeah, that's the problem. COMMISSIONER TAYLOR: Okay. So is there a motion? CHAIRMAN SOLIS: Yes. COMMISSIONER McDANIEL: He was going to make a motion, but I'll do it if you want me to. Either way. COMMISSIONER SAUNDERS: Well, I wasn't going to make a motion to continue this. I was going to make a motion concerning the approval. I'll go ahead and make -- and I guess there's really not much point May 22, 2018 Page 89 in making that motion if three of you are going to vote to continue this. That's my point, so... CHAIRMAN SOLIS: Is there a motion to continue? COMMISSIONER McDANIEL: I'll make a motion to continue it. COMMISSIONER TAYLOR: I'll second that motion. COMMISSIONER McDANIEL: To no later than our second meeting in June. COMMISSIONER FIALA: Second meeting? It was just the first meeting before. COMMISSIONER McDANIEL: I said no later than. It doesn't mean that it cannot come back before our first -- to us in -- COMMISSIONER FIALA: How much time do you need in order to get it on the ballot, because the Supervisor of Elections -- CHAIRMAN SOLIS: It's going on the ballot. COMMISSIONER SAUNDERS: It's going on the ballot. COMMISSIONER McDANIEL: This has nothing to do with the ballot. COMMISSIONER FIALA: Well, they're talking -- COMMISSIONER McDANIEL: This has nothing to do with the ballot. The ballot question that the residents are voting on is whether they'll tax themselves and provide for their own EMS system. COMMISSIONER FIALA: Yes, right. COMMISSIONER McDANIEL: It has nothing to do with the COPCN and our granting it or not. COMMISSIONER FIALA: Okay. I just want to -- I don't know why -- I don't know why we have to delay it. COMMISSIONER SAUNDERS: Yeah, I don't support that motion to continue, but I can count to three. COMMISSIONER TAYLOR: And to continue to develop an interlocal agreement. May 22, 2018 Page 90 COMMISSIONER McDANIEL: And give direction to staff to work out the stipulations for the -- for the approval of the COPCN. I mean, if that's -- if that's -- that gets us to where we need to go. I'm not prepared to -- I'm not prepared to make a recommendation for that approval without having some of the specificity done. MR. OCHS: Mr. Chairman, is there any consensus among the Board with regard to the EMA conditions about whether you want some of these in or out or -- am I just going to go do the best I can and bring it back to you even if you don't necessarily want those conditions? CHAIRMAN SOLIS: And that's a good point, because my understanding -- and my notes show that C, at least Chief Murphy said, was not -- was not something that's acceptable. MR. OCHS: Yes. My understanding is C was not acceptable, D was a conditional maybe, and we haven't really talked about the rest of them too much. E -- I don't think E is -- COMMISSIONER McDANIEL: And if we're going to give direction to staff to negotiate an approval for this, these items all can be discussed in more detail. MR. OCHS: Okay. I just wanted to know if the Board was taking any of these off the table in advance. COMMISSIONER McDANIEL: No. They're all on the table. Everything is on the table. COMMISSIONER TAYLOR: No, no. COMMISSIONER FIALA: Well, are you speaking for everybody or just for yourself? COMMISSIONER McDANIEL: Just for myself. COMMISSIONER TAYLOR: And I'm seconding -- COMMISSIONER McDANIEL: And be still now. COMMISSIONER FIALA: I have to, you know, just confirm what you're saying. May 22, 2018 Page 91 COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: So there's a motion and a second, and the motion is to continue it to -- COMMISSIONER McDANIEL: No later than our second meeting in June. CHAIRMAN SOLIS: -- no later than the second meeting in June with the understanding that all of the recommendations from the EMA majority report are on the table. That's the motion? COMMISSIONER McDANIEL: Yes. Do you want to designate one of the -- COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Do you want to designate one of us to be party to the negotiations? Commissioner Fiala, do you want to be the volunteer? MR. OCHS: Commissioner, I think that's not a good idea under your county manager ordinance. I'd be happy to work with each one of you to find out if you have some individual preferences, but... CHAIRMAN SOLIS: I think there's certainly a role that we all play in these kind of decisions that need to be made, because we communicate with our constituents. I think it's -- COMMISSIONER FIALA: It's going to affect each one of us in our districts. CHAIRMAN SOLIS: Right. And whether or not one of us needs to be the lead negotiator, yeah, I don't -- COMMISSIONER McDANIEL: It wasn't necessarily -- if you want to call it a lead negotiator or a liaison, it's just, I can see -- I have seen a lot of discontent amongst the parties, and I thought maybe sending them back to come back to tell us that they haven't been able to get to where they need to go without supervision wasn't the path that we should travel again. COMMISSIONER TAYLOR: Without supervision. I think we May 22, 2018 Page 92 can -- why don't we give it a shot without supervision? COMMISSIONER McDANIEL: Okay. That's fine, too. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: Okay. So there's a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN SOLIS: All those opposed? COMMISSIONER FIALA: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Very good. It passes. COMMISSIONER McDANIEL: And there you go, at 12 o'clock. CHAIRMAN SOLIS: We had a time-certain for 11. MR. OCHS: We can do that after lunch break, sir. CHAIRMAN SOLIS: We'll break and have lunch, so we'll be back at 1:00. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, if you'd please take your seats. Item #11C RECOMMENDATION TO REVIEW AND APPROVE THE 2018 PARKS AND RECREATION MASTER PLAN PREPARED BY TINDALE-OLIVER DESIGN GROUP, LLC – APPROVED Commissioners, we move now to your 11 a.m. time-certain hearing, Item 11C. This is a recommendation to review and approve the 2018 Parks and Recreation Master Plan. May 22, 2018 Page 93 Mr. Williams will begin the presentation. MR. WILLIAMS: Good afternoon. Barry Williams, Parks and Recreation director. And thank you, Mr. Ochs. Just to start out, this is our update of a master plan that we -- was approved by the Board in 2011. And so since last summer we've been working on this plan in a variety of settings: Focus groups, public meetings, survey results, and have gathered this data and wanted to bring it forward to you for consideration this afternoon. So we've worked with a consultant to help us in this endeavor, Tindale Oliver, and Mr. Steve Tindale is here with us to present the information. Also with Steve is Allie Ankudovich (phonetic). MS. ANKUDOVICH: Close. MR. WILLIAMS: Oh, my. And I'll be working on her pronunciation later this afternoon. COMMISSIONER TAYLOR: Calley (sic). MR. WILLIAMS: Allie is a good way to go. But I also wanted to make mention of Phil Brougham who's worked very closely with us in our process, and he's our vice chairman of the Parks and Rec Advisory Board, so we're very fortunate with his involvement. So with that, what I'd like to do is to turn the mic over to Mr. Tindale to present to you the information from this study. MR. TINDALE: I can't say good morning, can I? Good afternoon. Somebody's going to have to help me with pushing buttons here. So, very briefly, in terms of the overview of the presentation, the 2018 master plan, our goals, we're going to go through those and what we were trying to accomplish, very briefly; the summary of recommendations, and we want to spend a little bit of time talking about the public outreach, because we spent a lot of effort and really May 22, 2018 Page 94 got a lot of citizens involved; and then briefly go over some of the technical analysis. What were the goals of the plan? First we wanted to take the 2011 plan and say, what did we do? What was it we did not accomplish? And use it as frame of reference. We didn't want to just walk away from the 2011 plan. And we didn't; we went and documented what had got accomplished that was in there, what was still in the plan, and use that as a frame of reference. We wanted to deal with facilities, and I'll talk about facilities as capital facilities, your investment, growing facilities, and then the programs, which is the programs on those facilities, on those parks. We wanted to respond to the stakeholders in the community and, basically, plan for the future. And this is a very -- more of a strategic, what I call a strategic plan more than a tactical plan. It's really just to give you a really big picture of where you're headed in the green, that you're headed in the right direction, and then make recommendations. And what I usually like to do is go over some of the conclusions and then how we get there. I found commissioners like that more than wondering what am I going to get to, you know, what our conclusions were. So I'm going to talk in the recommendations, first is going to be about capital. One is give you a -- hopefully a picture of the funding, an assessment of the funds coming in. Let me say that I work all over the state in doing financial stuff for parks and master plans, and you've got one of the nicest assets in the state in terms of the value of your parks and the value per person and what you've done, by no doubt, and I think in both -- if you get to know me, you'll know I'm a numbers person and a data person, but the value you've created per person is one of the highest in the State of Florida in terms of the parks. And another comment, really quickly, is that transportations are the most expensive asset you've created. The second one is your May 22, 2018 Page 95 schools, which people are surprised. If you ever see a school fee, you'll know why it's so high, because they're very, very expensive. And the third largest asset you have in the county usually is your parks. People don't understand, that's the third biggest investment usually a county makes, and that's almost consistent in all of the states. So it is a major investment you make and a major product you have. We're going to talk about in those projects, regional parks, then other major projects and other projects that evolve around that, and I'm going to talk about beach and boat access, and we'll do that very carefully. Then we're going to go through the recreational program itself, show you where the public talk about park maintenance and other representations. So this is a big picture in terms of financing. And to be honest with you, these numbers still are floating a little bit, but these are really close to being finalized. One thing is you have impact fees. It's one of the biggest generators of revenues you have to invest. Right now in the next 10 years you're going to generate about $90 million worth of impact fees, about a third of that, about 30 million, is for debt. So that's one of your biggest sources. And I can tell you, you have one of the higher impact fees and one of the most utilized impact fees to deal with your capital programming. And that's one of the reasons you have a nice asset is I think you've charged 100 percent on your parks impact fees for the past 20 years, and that's part of your program. Your sports tourism, really, with the fund balance and what you've got is actually more than $38 million, but that is one of your assets, and I'll show you the sports tourism in terms of revenue. And that is fairly unique in the state, and it's very useful to have that. Now, how you operate and use those, make them available to the public, we'll talk about. May 22, 2018 Page 96 Your Tourist Development Council money is pretty well directed, and we've allocated that to your parking and beach improvements. You have a fund balance of about seven-and-a-half million dollars, and you have a total money revenue available at $18 million. So, again, that's an asset you have there to deal with some issues. And then you have Boat Improvement Fund, which is about a half million dollars, and that's mainly for your boat access and docks. So that's kind of the big picture of what you have available to deal with the parks program. I'm talking a little bit about the impact fee first. Again, it's $90 million. It's about 8.8, $9 million a year. You've got 30 million in debt, and so that gives us about $60 million to invest. And this is the direction that we've pointed towards that set of funds. You've got Phase 1 and Phase 2 of one park to potentially chew up the whole $60 million in terms of your Big Corkscrew. You've got the Manatee Community Park and Vanderbilt Beach Road Park. Those have some issues in terms of the road extension and what you really want to do with Manatee, so they have some timing issues, but that's the next priority. And what we've suggested is maybe looking at another debt and trying to do something with the revenue source coming in to where you can free up up to $10 million to deal with the other programs, and I'll show you, I think very clearly, where the big-ticket items are really important. They're something you need to do, and you really get committed to those; at the same time you need to try to free up some money to do some others items other than those major parks. If you look at that list right there just in terms of the numbers, it's $80 million. I guess one thing that's kind of interesting -- again, I work all over the state. It's interesting to see a county with so much money and such a commitment but also such a list of needs in what you really want to get done, and that's kind of what I'm seeing. I'm seeing a great May 22, 2018 Page 97 program, great operation, great value, some reasonable money coming in and, yet, you want to continue that, and that's what this picture actually paints for you. Great program, great history, really nice where you are, got some nice things going on, but you've still got a list of things you'd really like to get done that are pretty critical in terms of continuing on. This is part of our data analysis, just to give you a sense of the -- I think the reason we really think you're in the right direction. So we took -- these are -- I think they call them TAZs. They could be census zones. But this is where your -- the most dense population you have, and you see that shape we drew in terms of where -- you know, the significant number of people. That is your coverage of your regional parks. And so you see that big red area up there that you've got some density, and there's no regional park there. That's Big Corkscrew, by the way. I'm going to pull that in there. So it just shows you that, it's like, oh, look what a genius we are. We're putting the park right where it needs to be. Well, there was some thought given to that, but this shows that when you go to put in your program, it clearly is needed, it's needed by geographic area, and the other thing is it's needed in terms of some of the active -- because many of your parks are overburdened in terms of just that level of activity. So to me, in my mind, that's kind of like the centerpiece of the first step. It's a big investment, but it really makes you whole, in my mind. That is something you've committed to, you've committed to for a reason, and it has a big payoff in terms of both geographic location and then the assets that you're going to put in that park. So in my mind that's kind of the centerpiece of the process. This is a list of the other parks in terms of each one of them. You can see Big Corkscrew. You can see the Manatee Community Park, Vanderbilt Beach in its location, and you've got the sports tourism May 22, 2018 Page 98 program going in. I guess she's trying to tell me, you should have clicked. I'm usually really good with visuals. But you can see now in that area that we talked about where people are, you can see kind of the centerpiece going in, and then you see the pieces going around in terms of what I'm doing. Again, the Big Corkscrew is the centerpiece. Vanderbilt Beach has got some timing issue, but it's clearly located in there. You've got a sports tourism complex. And I guess, in general, I think what I've seen with that is, if you can -- in my mind it doesn't matter who operates the sports tourism duplex, but it's going to be, are they available to the general public, and over time you're going to have to deal with that issue. And we've just highlighted that. COMMISSIONER TAYLOR: It's going to be. MR. TINDALE: It's not uncommon. It's a great asset, but -- and historically I've seen that if you're not careful, they could become so productive in terms of your tourism, what you're doing, as they may not be the asset in terms of availability, and that may be something you do deliberately but didn't realize when you're planning not to count on it or to count on it. I don't think it's a plus -- you know, it's not a decision you have to make today, but it's one you need to continue to monitor in terms of what you want to do in terms of the sport tourism complex and the role they play in terms of the general public, because it is a major source of revenues and assets. We have the other projects, and this is where, I guess -- and our mindset is, this may be where you need to deal with the revenue flow and try to create a set of revenues that does something other than your -- the critical centerpieces. You know, these other projects are things that you need to spend vested money in, and your final financial strategy needs to have some funds to deal with this range of stuff. And, again, this is a case of having some nice revenues but having May 22, 2018 Page 99 a great list of really needed things to do that don't quite match. The boat access, beach and boat, it's mainly -- there's two of them. One is beach. I think there is no doubt, at least in our analysis, in terms of the demand and some of the economic benefits, that you need beach access. And to be honest with you, my history in looking at beach access and parking kind of match up. It's not simple. It can be very controversial, but it needs to be on your list, and you need to keep going forward with analysis to try to attempt to resolve it. You need to do it environmentally sound, not affect neighborhoods, but beach access is a major thing for this community, and you just need to continue on dealing with that issue. And you have funds. So what is interesting in a lot of my clients is they've got a problem, they want to analyze, you know, some solutions, and they don't have any money to solve it. Well, you're sitting with funds available, and you need to just continue on with your analysis and options in terms of both the beach and the parking, and that's one of our major points is continue that; don't let up. Keep pushing the gas down. Get that resolved. This is your programming, and it's a very significant programming -- programs in terms of what you have, and you kind of see how the programming fits in with where your population is. You have 17 teen/youth programs. COMMISSIONER FIALA: Seventeen what, please? MR. TINDALE: The teen and youth programs within the parks. One -- we've got two what we call adaptive inclusive programs, and then the one senior program you formally have adopted. So you've got a substantial, you know, program going on within your assets. Park maintenance -- and this came and will show some of our -- a lot of the park maintenance came out of our public involvement. What better way to get a feel for how well you're maintaining things, and these are some of the items that came most frequently. Restrooms and May 22, 2018 Page 100 trash maintenance. It was a suggestion to go through and develop an asset management system itself to help you attract the maintenance deeds and deal with the maintenance inspections for the key facilities. So those are some of our recommendations, and I'll show you that came out of the public involvement program in terms of comments that we got. And I said "other" in terms of things: Parks accessibility, interlocal agreements. I did meet with the school -- school board in terms of some of the things they're doing and they're proposing. There's clearly an interest in the Blueways master plan. Several comments in terms of ADA, and continue on with that. And one of the interesting things we've come up with in some of the comments is you really need to work on your web size and your website, your communication, and the social media. I think there was a general sense to the public that you had a better program that the public wasn't being exposed to and that working on that would be very useful to the county. I want to quickly go through the public outreach and the technical analysis. I think it's documented very heavily in the report in terms of what we've come up with. We went through an inventory, your demographics, the location, your growth, and the existing plan in the summer. We did the first preliminary two stakeholder meetings and an online survey in the fall. We did 13 stakeholder focus groups, completed the online survey, and went through the analysis in the winter. And then we had two more public workshops. We did the analysis of the drive time, and we looked at the operation. We looked at the financing, which I've already presented to you, and the whole issue of the beach parking, and we looked at some utilization for that. So that's an overview of the technical analysis. May 22, 2018 Page 101 I'd like to highlight we did touch 1,700 participants in the program. It was very extensive in terms of going through that. And then once you touch them, you need to summarize what they said, put it in what we call themes, and hopefully make use of it where you're not ignoring the participation. And this was 10 things that we came out of those 1,700 interviews and all those public meetings that we heard as themes. And this happened -- so these came up multiple times. Continue the 2011 plan and its efforts, which I think this 2018's going to really show that we're doing that; maintain those existing assets; expand the park assets, which we've shown you a major, major program for that. They really were interested in the Blueways and the passive boat -- expanding the passive boating. Again, the recreational programs. The sports tourism partnership came up, and I've kind of alluded to that. You really need to continue on solidifying that that is an asset and how you're going to use it in the recreational program. The beach access clearly came up multiple times and the accessibility came up. The marketing and branding was, again, one of those surprising things, which was kind of a low-lying fruit that we can work on. And then there was an interest in evaluating the funding opportunities. And if you look at the report when we did ask the question, are you ready to spend a lot more and pay a lot more taxes, we didn't get a large number of people saying we're really ready for you to raise your taxes, and that's not uncommon at all in the process. So that is the picture of the plan, what we went through, some of the big items we did, what we found out about both your assets and your programs and your maintenance, and that's putting quite a lengthy report with a lot of details in hopefully a summary manner that gives you at least a big picture of what we're doing. With that, we'll open up to questions. CHAIRMAN SOLIS: Commissioner Fiala, your light's on. May 22, 2018 Page 102 COMMISSIONER FIALA: Yes, thank you. I was wondering how -- we have three parks in East Naples, and I was wondering how they stood up compared to the other parks. Because I know that they're lacking a lot of things, and I was just wondering if you were giving suggestions on particular parks as to what you can -- our children here in this area are mostly poor children, and they have no place to play but the parks, except that in the parks we don't give them much to play on. Like, for instance, East Naples Community Park; it's wonderful that they have a community center, and they have a couple rooms in there. And we have one soccer field, and we have a playground but, of course, older kids can't play on the playground. We have nothing else there for them. They were going into the City of Naples for a while, but the City of Naples was pretty upset about it because all of our kids were there, and they said they were going to charge the kids. This was a few years ago. And they were going to charge the kids for going in there. So that didn't work out real well, but they've got a lot of good facilities there. And then we have two other parks. Well, one just has a playground, and then the other -- the other one has a few things, but we need some places where the kids could go inside and, whether it's play games or, you know, have activities for older as well as younger, I was just wondering if you've given us any recommendations. If you did, I'd love to see them. Not now, but, you know, at some point in time. MR. TINDALE: Okay. To be honest with you, we didn't do it park by park, but I can tell you a general overview of what the data is indicating. COMMISSIONER FIALA: Oh, just a general overview. MR. TINDALE: What we saw was that the active fields are over utilized. I mean, you've got a demand that's exceeding your current May 22, 2018 Page 103 capacity. And to me, the strategy to deal with that -- and it could be -- it could be your multi-use facilities, all the rest of them, but it's -- clearly, you have a tremendous demand, and we showed some overutilization. And to me there's two ways to deal with that. One is that the regional parks you're building are going to have a lot of active resources in them to deal with that issue, and so the regional park program will help that; however, that's locational. It does a specific thing. That's where we feel like, that of that whole program, you've got to take that other, that million dollars a year, to go deal with locational issues like you're bringing up. So our recommendation is to put the strategy together, put the major program together, for those big centerpieces, but then start budgeting funds to deal with these locational things that you're bringing up and actually allocate that as a group and a resource to start targeting those specific issues. COMMISSIONER FIALA: My point is, I just want to get -- these are kids that don't have playgrounds in their yard, and I'd like to get them, especially in the summertime, off the streets and out of harm's way in a more safe -- safe environment where they can actually play and, you know, advance themselves. But right now there's not much of anything to do in our parks. Okay. If you ever have any suggestions, I'd love to get them. MR. TINDALE: Okay. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Any other questions? COMMISSIONER TAYLOR: Yes. Did you -- I noticed that on page -- well, the parks -- the Collier County PRMP report, which I think is your report -- so I'm looking on Page 22 and 23, and you do talk about the CAT beach trolley ridership, but did you take into calculation (sic) the number of hotels that are transporting folks to the May 22, 2018 Page 104 beach, especially within the city? Also the ridership of the -- there is a -- it's not a CAT, but it is a trolley that takes folks to the beach. MR. TINDALE: To be honest with you, we looked at the general access and the demand. As a matter of fact, I think we've done your transit study for you, so I know I have a lot of data on the transit and the utilization. We didn't go down to the level of trying to solve the problem either parking or shuttling, and that needs to be part of the study in terms of -- both those options in terms of the transit service and bringing people to the beach versus, you know, building the parking adjacent to the beach, and that needs to be part of that analysis. COMMISSIONER TAYLOR: Yeah, okay. MR. TINDALE: My general sense is that -- and, again, I did parking programs too -- is that if you don't get some parking pretty close to it, that the shuttling works to some level, but it's got to be a combination of both. COMMISSIONER TAYLOR: Good. Thank you. CHAIRMAN SOLIS: If there's anything else? Public speakers? MR. MILLER: Yes, sir. We have eight registered speakers for this item. Your first speaker is Phil Brougham, and he will be followed by James Bonds -- Boulds, sorry. MR. BOULDS: That's quite all right. MR. MILLER: And please be ready to use both microphones. Thank you. MR. BROUGHAM: Good afternoon, again. I'm Phil Brougham. I'm the vice-chair of the Parks and Recreation Advisory Board. And just a few words regarding this plan. I was on the parks board in 2011 and reviewed that plan when it was issued and, quite frankly, I had quite a few criticisms of that plan at that time because, in my opinion, it didn't go deep enough into the demographics of this county, the shifting demographics both in terms of age and in terms of population. May 22, 2018 Page 105 And I believe that with the current plan that you reviewed and hopefully will adopt and take to the next step, they've done a tremendous step forward. They have spent a lot of time with the public to the extent we could get the public out. 1,700 is a good number, but when you compare it to our population, it's kind of limp. But in any case, I think the planning effort and the level of detail and the effort put in to try and gauge what the citizens want in the county was a big step forward. I believe this plan still lacks in a couple areas, in my opinion. I think that there's no question that our all-purpose fields are overutilized. We're running out of land, and there's some short-term solutions which are with the astro turf, or whatever they call it, artificial turf, on some of these fields and so forth, but we've also got to look at re-purposing some of these park acres, if you will, and facilities, and I didn't see a lot of mention of that. Because as this population ages -- and you'll see that referenced in this document -- the needs of our population are going to change as well, which you might have a tremendous need for toddlers today, as they grow up, and as demonstrated by the demographics in terms of aging, they're going to grow into Little Leaguers, and then they're going to grow out of that and they're going to go into league soccer and so forth, and then they're going to get older and retire. And we've got to kind of get ahead of where that is. And that's one thing I need to say. The other thing I need to say is we need a funding source. And you've heard this from me before. We need a consistent funding source dedicated to capital repair and maintenance. We've got a tremendous asset that is getting as old as we all are, and we need to recognize we might have to go in there and tear down a few buildings and rebuild them or do some significant renovation. There's no money for that. May 22, 2018 Page 106 Thank you. MR. MILLER: Your next speaker is James Boulds. He'll be followed by Jim McDonough. MR. BOULDS: Thank you. Appreciate the chance to give you a view of one of the things of the park plan. I'm a member and an owner in the Seagate subdivision where Clam Pass Park is adjacent to. We have had numerous discussions amongst ourselves about the different problems we have with the question of putting a parking garage there. There is a lot of different things that have come up. One of the things is the traffic, and it's not -- and there is, with traffic, the congestion that we have on Seagate Drive and that, but we also have the noise. We also -- if we're putting a building in, we are going to have a problem with, you know, a parking garage that is adjacent to owners who have been there for a considerable amount of time, and this is going to take away from their ability to enjoy their place of home -- their homes. We don't object to people coming to the beach. We know that there's a traffic problem. We know that you want to get people to the beach. I have come up with, I think -- we've discussed different alternatives. One of them is shuttling people in from off site. Another one is using other alternate transportation, of improving the areas of getting bikes to come in, of getting golf carts to come in on the things, and to use this thing of the shuttle to get people in, as Commissioner Taylor has talked about, that there are some of the -- hotels are shuttling people in. There is a shuttle that runs from the city out there that drops people off. We have a concern with the excess of traffic, although right now Clam Pass Park does have parking. And, you know, talking about the shuttle, does -- as the gentleman said, the shuttle does slow down some May 22, 2018 Page 107 of the improvements or increase of people in the things, but the shuttle could be used because there's already parking there of a 100 places or something. Shuttle for high times use to a remote parking area would be one of the alternatives of things. The other thing is, an alternate -- alternative, since the city has so much that they've done with putting in parking along the thing for their beach assess to every street that parallels east/west that goes to the beach, that the county could talk with the city about maybe helping improve access down that portion of the beach as well as improving it up the way, up towards the Clam Pass Park and up Vanderbilt Beach and up to Wiggins Pass. People come to the beach for a few days. We're not -- we don't want to disrupt their lifestyles, but we want them -- people to come to the beach and enjoy it, but we want there to be a place where there is not vehicle noise, where there's traffic, the smell, and stop the runoff. People that live there have to put up with this every day. CHAIRMAN SOLIS: Thank you. MR. BOULDS: Not just temporarily. MR. MILLER: Your next speaker is Jim McDonough. He will be followed by Sue Black. MS. BLACK: Jim's gone. MR. MILLER: Okay. Sue will be your next speaker. She will be followed by Joanne Smallwood. MS. BLACK: Afternoon. Thanks, Commissioners. I am, first and foremost, a parent. I'm a driver, I'm a resident of Naples, and I'm a member of Seagate community. I have been at Seagate now for close to 16 years. I used to bike my children to school, and I bike them via Seagate Drive and came back. And I can tell you, if you are going to put a parking garage on Seagate Drive, you are going to have to worry about the safety of the Seagate children, you're going to have to worry about the safety of the May 22, 2018 Page 108 ingress and egress or -- did I get that right? Or Seagate -- St. Williams Church Sunday morning as beachgoers are coming to the beach, as St. Williams is dispersing. They already have traffic -- police officers directing traffic. There's two lanes going west and two lanes going east. Some are county. One side of the road is county roads. The other is city roads. My husband has been hit by a car on the corner of Crayton and Seagate. There are bikers that come from Pelican Bay that drive through Seagate Drive. It is a major concern, and I'm glad that they are addressing the traffic. I think in the focus workshop that was conducted, one of the workshops I believe there were 58 in attendance. To me, 1,700 people as well as 58 in this workshop is not a general consensus of Collier County. We have so many more people that can address this issue. And, Donna, you mentioned safety for the children at parks. Think about the safety of the 800 children at Seagate park -- or Seagate school. That is a tremendous overload of having that parking garage there with all those cars, the additional vehicles, the traffic. And, like I said, my husband was hit by a car on Crayton and Seagate Drive. So I hope you consider not approving this parks and rec plan with the Seagate Beach Club parking lot in it. So, thank you. MR. MILLER: Your next speaker is Joanne Smallwood. She's been ceded additional time from Rita Davidson. Ms. Davidson, can you acknowledge you're here. (Raises hand.) MR. MILLER: And from Helen Ashley. (Raises hand.) MR. MILLER: So Helen Ashley is present. Ms. Smallwood will have six minutes. MS. SMALLWOOD: Thank you. Thank you for allowing me to speak. May 22, 2018 Page 109 As you said, I'm Joanne Smallwood. I've been a resident in Naples since 1970, and I was a principal of Smallwood Design Group for 33 years. I was also -- my firm was also the landscape architecture firm for the initial Registry Resort, and I'm now principal of Smallwood Design. So I would like to -- first I noticed in the presentation we just heard -- I was pleased to hear them say that they're talking about addressing and respecting neighborhoods and environment. Well, I think that's the key of my focus here. So I'd like to talk a little bit about some important history that leads up to this. We all shared an interest in preserving and protecting what makes Naples and Collier County special. In 1985, the Naples Chamber of Commerce requested of me to provide ways to improve the quality of life in a fast-growing community. The objective: Restore the missing balance between the built environment and the natural environment. Our beaches were serene and beautiful. U.S. 41 was not. When the balance is gone, people are not comfortable being there. A community was -- a committee was developed that included the City of Naples, Collier County, WCI, Lutgert Companies, Collier Enterprises, and Smallwood Design Group. Community leaders were invited to a PowerPoint presentation to show what a balanced community looked like. They immediately were on board after that. Then plans were developed and implemented to restore the missing balance of the natural environment on U.S. 41 from Coastland Mall to Pelican Bay. Naples Scape was born and expanded into the county to become Collier Naples Scape. Donna remembers very well her lengthy involvement in that process. Naples Scape partnered with the City of Naples when the mayor then, Mayor Ned Putzell, created a campaign to keep Naples green. The First Ladies' Environmental Improvement Award was given by May 22, 2018 Page 110 First Lady Barbara Bush at the White House to Collier Naples Scape. Collier County manager at the time, Neil Dorrill, and I accepted the award. A public-private partnering effort ensued with private capital contributions for the environmental improvements which were ensured to be sustained by Collier County's agreement to provide maintenance into perpetuity. A total community involvement ensued with hundreds of Naples/Collier County private entities donating money to ensure its success, and everyone wanted to put on it their stamp of approval. This is proof that the residents of Naples and Collier County value creating, balancing, and maintaining our unique environment. For the next 13 years, I continued to be involved until a streetscape master plan with 134 miles of buildout was ratified and codified by Collier County. People consistently say the number-one reason they visit Naples/Collier County and choose to live here is that it is beautiful, environmentally special, and not urban. This proposal for a multi-story parking garage at Clam Pass Park does not integrate with the local nature of the community and the limitations of Clam Pass Park. What will people say and do if this proposed parking garage is built and we have destroyed the existing delicate balance of an environmentally sensitive limited-space facility that was created as a special experience for a unique mixture of patrons, including luxury hotel guests, when it is severely overcrowded five to six months of the year? The system carrying capacity is already overloaded during season, plus, when the beach has not been restored -- we know that it just was, but when it has not been restored and it is high tide, there is no beach. I walk there all the time. I climb under the structures, which is unsafe, to get down to Clam Pass. Where are the people supposed to sit? Who can enjoy a unique May 22, 2018 Page 111 Clam Pass Park beachside experience when there are excessive crowded conditions of the beach, the food service area, and the very limited capacity overutilized beach restrooms? I don't know if you've ever seen them, but it's a disaster during season. So please read the initial promise in the PUD that clarifies this unique environmental park is intended to not be like any other park and much more than a beach access due to the required harmony of the whole environmentally sensitive mangrove territory. What do many visitors do when they stroll along the beach and see the effects of red tide algae blooms that cause dead fish and dead turtles to cover the beach? They start coughing, sneezing, their eyes water and itch, and they're forced to quickly leave the beach. So my closing comment to you is: Rather than spend $9 million on a parking garage, please find other solutions, because the parking garage destroys our unique environmental balance. Why not contribute to the comprehensive Everglades Restoration Plan to prevent the harmful discharges into the Caloosahatchee River causing the toxic algae that contributes to littering our beach with dead fish? I'd like to conclude with this last comment. You may recall a song called the Big Yellow Taxi by Joni Mitch, and she says it best: "They paved paradise and put up a parking lot with a garage. Don't it always seem to go that you don't know what you've got till it's gone? But leave me the shorebirds, please. Don't it always seem to go that you don't know that you've got until it's gone. Thank you very much. MR. MILLER: Your next speaker is Rita Davidson. UNIDENTIFIED SPEAKER: She's not here. MR. MILLER: Brett Cohan, and he will be followed by Bruce Conley. MR. COHAN: Good afternoon, Commissioners, Brett Cohan. I'm a community association manager in Naples Cay. Naples Cay is at May 22, 2018 Page 112 the end of Seagate Drive just south of Clam Pass Park, and we have just under 300 units. There's not much more I can add to what's already been said by our neighbors from Seagate and Park Shore and the Gulf Shore associations. We are very much opposed to additional parking structures in Clam Pass Park. And I just want to, again, put that down for the record. And they've said it much better than what I could have said, and I can't top what Ms. Smallwood just said as well. So thank you so much. MR. MILLER: Your next and final speaker is Bruce Conley. MR. CONLEY: Yes. I'm -- can you hear me, yes. I'm a little hoarse at this point. I am Bruce Conley, and I am the president of the Seagate Property Owners Association. And my message is consistent with all of the other messages. The bottom line, though, is we are not opposed to more beach access. We are opposed to these horrid garages on top of and next to the houses. Some of the houses have been, as mentioned, inhabited for many years. In fact, you could call the community a historic community in that it qualifies in terms of its length to be considered an historic community. So with your blessing, I'll refer to it as the historical Seagate. Anyway, I hope that you take to heart what was shared here today. It isn't about trying to keep people out, but it is about, from my standpoint, trying to keep a neighborhood and community together. And I thank you, and I wish you the best. It's been a long day. COMMISSIONER McDANIEL: We're not done. MR. CONLEY: Yeah. I hope you didn't include me in the "we." MR. MILLER: And that was your final speaker. May 22, 2018 Page 113 CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. It's ironic that we had -- several speakers came and spoke with us, because one of the notes that I had when I was reviewing the report that Oliver Tindale did for us was the continued reiteration about the funding source for the Seagate garage moving into this plan. And a concern that I raised with our County Manager yesterday was by stipulating the garage within the parks plan, that it would be governmental creep, that we've inserted a plan for funding and, therefore, then the parking garage is imminently coming forward. I would like to know, when can we vote on this or when will we vote on this, County Manager, and be able to put this to bed one way or the other? MR. OCHS: Well, Commissioner, I will tell you that probably your first opportunity as a board is when you review the budget next month. There's a relatively small allocation of money proposed in that budget to do a feasibility review of that parking lot and the addition of a parking structure there. If the Board doesn't fund that study, I guess we don't move forward. But that would be the first opportunity. And in terms of a funding stream, there's been a funding stream for beach park facilities long established, as you well know, in your tourist development suite of funds, and that one would fund not only this type of improvement, but any other beach park facility improvements in your system. COMMISSIONER McDANIEL: Okay. Well, I just -- you know, I know Commissioner Taylor's brought it up a couple of times, and I have expressed my discontent with that parking garage, and I just -- I would like to be able to have the vote on it and get -- MR. OCHS: Yeah. We don't have any specific time frame in mind. Obviously, a lot of that would be driven by what the results of the feasibility and design criteria review study would tell us, and then May 22, 2018 Page 114 we would, you know, present those results to the Board and seek some direction at that time. I would anticipate, if we are allowed to go forward with that review, then sometime in the next fiscal year we would bring forward those results and ask for some further direction on whether or not you would want to proceed. COMMISSIONER McDANIEL: Okay. So -- CHAIRMAN SOLIS: Go ahead. COMMISSIONER McDANIEL: -- with that, I'd just like to make a motion that we accept staff's recommendation on our executive summary and accept the park's plan. And I want to give -- I would like to commend staff for a very, very informative report. I was party to some of their public outreach when they were doing it over in Immokalee, and there was quite a bit of engagement, so... COMMISSIONER FIALA: Second your motion. Second the motion. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? Commissioner Taylor, your light's on. COMMISSIONER TAYLOR: Oh, yes, yes. I'd like to hand this out. And I think before we go adding anything to the budget for any kind of review, if we could put that on the visualizer, please. This is from a BCC meeting of November the 26th, 1986, and it clearly states that any other uses that and rather than -- any other uses than a parking lot, that the -- shall cause the parcel to be reverted to the grantor. So I think -- I don't see why we need to expend any kind of money at this point until we get this all cleared up, including the setbacks. I mean, it's a minor amount when you think about our budget, but it's still $200,000. May 22, 2018 Page 115 MR. OCHS: Yes, ma'am. I mean, this is the same language that has been in place for years. It was in place before the Board built the parking structure on Vanderbilt Beach Road governed by the same restrictive deeds and covenants. So part of the feasibility review that I referred to just earlier would include a sit-down with the Pelican Bay Foundation, who holds the deed restrictions and covenants to that 400 acres, and we would have to sit down and see what terms and conditions they might attach to any parking structure on that parking lot. COMMISSIONER TAYLOR: So what are we spending money on? MR. OCHS: To do a concept design, show you some renderings of what it would look like in terms of the size and the setbacks and views from neighborhoods and the waterway, try to get it -- and then, of course, refine the cost estimates. CHAIRMAN SOLIS: And I'm assuming if -- again, just that the review would also include an analysis of all of the permitting hurdles and, obviously, approvals that we would acquire from -- that we would have to get from the Foundation. MR. OCHS: Absolutely, yes, sir. COMMISSIONER McDANIEL: And the proposition is $200,000? MR. OCHS: I believe that's the figure, yes, sir. MR. WILLIAMS: That's correct, yes, sir. COMMISSIONER McDANIEL: And we're going to actually get to vote on that during the budget process, so for right now -- COMMISSIONER TAYLOR: Right. COMMISSIONER McDANIEL: -- that's -- CHAIRMAN SOLIS: I mean, this is just -- COMMISSIONER McDANIEL: This is the parks -- CHAIRMAN SOLIS: -- feasibility. May 22, 2018 Page 116 COMMISSIONER McDANIEL: This is the park's thing, then we'll vote on the feasibility study during the budget process; just delineated this expense in here. COMMISSIONER TAYLOR: No. I needed to understand what we're spending money on when the setback issue is probably the issue. And I know we've plowed through before, I mean, in the north part of the Pelican Bay, but I'm not so sure it's going to be so easy plowing this time. I also would like to request that part of your analysis will be to interview and tabulate all the hotels that bring their folks to the beach at Clam Pass. Right now 100 -- COMMISSIONER McDANIEL: Can we vote on that when we go to the -- during the budget? COMMISSIONER TAYLOR: But I need it prepared as part of that. COMMISSIONER McDANIEL: Okay. COMMISSIONER TAYLOR: Right now the Hilton carries 180 people, and that's very average every month to the beach, the Hilton, and that's only one of eight hotels in that area. MR. OCHS: So what do you want me to do? COMMISSIONER TAYLOR: Get a -- find out from the hotels how many people every month they take to the beach as part of the -- as part of the analysis. MR. WILLIAMS: Mr. Chair, if I may -- and I think Commissioner McDaniel has the idea in terms of if you approve this master plan, this gives us that guidance. COMMISSIONER TAYLOR: I know that. I'm quite aware of that. MR. WILLIAMS: So as we bring the item forward in terms of the Board consideration of the budget, we can have that data for you in terms of the hotels. May 22, 2018 Page 117 COMMISSIONER TAYLOR: Thank you. MR. WILLIAMS: Yes, ma'am. COMMISSIONER McDANIEL: And, Commissioner Taylor, just -- this is the plan, then they come forward with their budget proposal -- COMMISSIONER TAYLOR: I understand that. COMMISSIONER McDANIEL: -- and then we give -- if we pass the $200,000 expenditure, then we give specificity on how they spend it. COMMISSIONER TAYLOR: Well, you know, forgive me for my anxiety right now, but I was at that blue dot meeting of the parks up in North Collier -- COMMISSIONER McDANIEL: I heard. COMMISSIONER TAYLOR: -- and I saw that there were no blue dots, no blue dots on the Clam Pass parking garage and no blue dots on the boardwalk. And the boardwalk was still in the plan despite the direction of this commission, and I brought it up at the last meeting. So I find it fascinating, as there was no support. I don't know where this is coming from. Thank you. MR. OCHS: No support, ma'am, for? COMMISSIONER TAYLOR: For the garage. There were no blue dots. No one -- it was -- there was nothing on the board, at least when I was there, and I was there towards the end. UNIDENTIFIED SPEAKER: I have pictures on my phone. COMMISSIONER TAYLOR: Nothing on the board. MR. OCHS: Commissioners, let's also recall -- and not to be argumentative, but we went through a protracted negotiation with the city about an interlocal agreement on beach parking, and at the conclusion of that, several of the board members said, well, despite the outcome, it's clear that we've got a parking-capacity problem, and the city is pointing their finger at us saying you need to do more to May 22, 2018 Page 118 accommodate the growing population in the unincorporated areas, and you need to find some more parking. And I think it was Commissioner Saunders that said -- you know, and the rest of you I didn't think disagreed -- said, I'm going to be looking for those recommendations from the staff, you know, in short order after this interlocal agreement was completed. CHAIRMAN SOLIS: And I would just say that, clearly, there's going to be a lot of hurdles and a lot of issues, and I think -- I'm hopeful that the study will shed light on exactly what those are and maybe even help us if it doesn't come to pass, because there's a lot of hurdles coming to pass, not the least of which is the Foundation and the neighbors, that we might learn something important from the analysis, and that might help us in the future. Again, it's got a lot of legs on it, and I think it's -- looking at the analysis, I think, would be helpful for me, anyway, even if it just helps us improve what's already there. So, Commissioner Fiala, you were first. COMMISSIONER FIALA: Thank you. Yeah, I was just going to say, we've been long, for many, many years, dependent upon tourism dollars to come in. And the biggest asset to tourism is our beaches, but the people have to be able to get to the beaches in order for that asset to pay for us and, of course, that also keeps our taxes lower. So we have to think about all areas. I mean, I'd be happy to build one in East Naples except we don't have any water, so that doesn't help us any. But I don't know -- I don't know what to do with this. I just remember with the Vanderbilt Beach park -- rather, I'm sorry, parking garage, my goodness, there was so much opposition to that. Oh, gosh, they came from everywhere, and it passed anyway, oh, much to their anger and so forth. And after we built it and it was such a beautiful structure -- well, I went out there once. I just wanted to see it for myself, but I couldn't find it but here May 22, 2018 Page 119 were all these trees and everything around it. It was just kind of hidden in between all this foliage, so I didn't even realize it was there. But, anyway, we never hear any complaints. I think it's actually been an asset, because now all of those cars that are parked in the garage are not parked on the street, parked in their yards, parked in areas that make it inconvenient for other people to get around. So they found some assets to it after all. I think it's going to have to be analyzed. It's going to have to be looked at. And we have to look at it in many ways, especially because it's going to reflect on our tourism, because our tourism is going to continue to grow. And more people want to build hotels. Even the ones that we have are upgrading them, improving them. Look what the J.W. Marriott's doing. And so we have to take all of this into consideration as we are concerned with it. But I think that's for another day when our budget comes before us. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And, you know, it's ironic that you brought up the Vanderbilt parking garage, Commissioner Fiala, because I was watching all that when that was all going down and saw how much -- how contentious of an item, in fact, that was. And it's certainly a matter of opinion as to whether or not it turned out okay or not. You're not incorrect in the necessity for us to have to support our tourism in what we do. I just would like to caution my colleagues that we -- as we move through the budget process, that we are very specific with how we -- how we give direction to staff to delineate this study if, in fact, we go forward with the study and whether or not the premonition or the direction from the Board is to, in fact, develop this parking garage, or is it to, in fact, do a study with regard to how we manage the parking circumstances. May 22, 2018 Page 120 Because perception is everything. If staff perceives us to be giving direction to do a study and develop plans for a parking garage, that's what they going to do. But if we're looking to determine whether or not there really is a need of parking, which was thought to be the case when the city came to us with their new agreement, and how we, in fact, manage that theoretical overload on the parking, I think that's where we can actually control this item or have a little bit more of a say-so, so... CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: And just to follow up on your comments, I think that's very important. Are we looking at beach parking? Are we looking at beach access? MR. OCHS: Both. COMMISSIONER TAYLOR: And if we're looking at beach access, how do we distribute the future populations throughout our beaches? And it cannot always be building parking garages, and also to incorporate the 21st century technology into our thinking rather than the 20th century, which has a lot more to do with Lyft and Uber. And to my colleague, Commissioner Fiala, I can assure you that the Seagate Beach is doing more than most beaches for tourism because of the number of buses from the different hotels that take the beachgoers to that one beach at Seagate. COMMISSIONER FIALA: I don't know any of that. I don't know what hotels are there -- COMMISSIONER TAYLOR: Well, I can tell you that -- and you can talk with Mr. Hilton or Mr. -- yeah, Clark Hill -- 180 -- 198 people a month are transported from his hotel to the beach, and that's just one. COMMISSIONER FIALA: And he's on the tourism committee. He would know what is needed. But, of course, they don't have their May 22, 2018 Page 121 cars here, do they? COMMISSIONER McDANIEL: Make sure you stay up to the microphone because people are listening. COMMISSIONER FIALA: But they don't have their cars here, so they would have to be transported. COMMISSIONER TAYLOR: I know. COMMISSIONER FIALA: Just mentioning. CHAIRMAN SOLIS: Very good. There's a motion and a second to approve the plan as it is right now. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: The plan's approved. Thank you. MR. WILLIAMS: Thank you, Commissioners. MR. OCHS: Thank you, Commissioners. Item #10A RESOLUTION 2018-96: RECOMMENDATION TO APPOINT TWO COMMISSIONERS AS REGULAR MEMBERS, AND THREE COMMISSIONERS AS ALTERNATE MEMBERS, FOR A ONE-YEAR PERIOD ON THE VALUE ADJUSTMENT BOARD (VAB) – RE-APPOINTING COMMISSIONER SOLIS AND COMMISSIONER SAUNDERS AS REGULAR MEMBERS WITH COMMISSIONER FIALA, COMMISSIONER TAYLOR AND COMMISSIONER MCDANIEL AS ALTERNATIVES – ADOPTED May 22, 2018 Page 122 That takes us to Item 10A. This is a recommendation to appoint two commissioners as regular board members and three commissioners as alternate members for a one-year period on the Value Adjustment Board. Take two steps forward. CHAIRMAN SOLIS: Nobody jump up too quickly. COMMISSIONER FIALA: Well, you know, I'd be happy to have -- COMMISSIONER TAYLOR: I'd like to nominate Commissioner Solis. CHAIRMAN SOLIS: No. I was the chair last year. I don't know that that's -- COMMISSIONER TAYLOR: We don't change every year. CHAIRMAN SOLIS: -- an option. COMMISSIONER FIALA: I'd be happy to help out on this. The only time I can't do it is August 6th. If somebody -- can we change, so like, say, somebody's going to be here August 6th, they could do it, and then I could fill in the October meeting or from there on in? COMMISSIONER SAUNDERS: I have no problem staying on it, so... COMMISSIONER McDANIEL: Is the issue for this -- CHAIRMAN SOLIS: You would say that, wouldn't you? COMMISSIONER McDANIEL: Are we up for a reappointment? Excuse me. I didn't mean to be -- I just butted in. Forgive me. What'd you say? CHAIRMAN SOLIS: I was just giving him a hard time for having volunteered to stay on it. COMMISSIONER McDANIEL: Oh, okay. I mean, are we up for reappointments on this particular board, and that's what we're doing? COMMISSIONER FIALA: Every year. MR. OCHS: Yes, sir, annually. May 22, 2018 Page 123 COMMISSIONER McDANIEL: I thought we did that at the beginning of the year when we did all of our -- no, we didn't do this one, obviously. Okay. MR. OCHS: No. COMMISSIONER McDANIEL: Well, I'll make a motion -- MR. OCHS: That doesn't mean you have to change, but every year you give yourselves the opportunity to reappoint. COMMISSIONER McDANIEL: I'll make a motion that we leave those on there on there. Second that. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Quickly. CHAIRMAN SOLIS: Any opposed? Aye. COMMISSIONER TAYLOR: And we're all alternates. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: We're all alternates? COMMISSIONER TAYLOR: We're all alternates, yes. CHAIRMAN SOLIS: I wasn't clear on that part of it then. COMMISSIONER TAYLOR: Yes, we're all alternates. COMMISSIONER McDANIEL: If you get sideways, just let us know. MR. OCHS: Does that make it unanimous, Mr. Chairman? CHAIRMAN SOLIS: Yes, that makes it unanimous. COMMISSIONER McDANIEL: Oh, you didn't vote on that? CHAIRMAN SOLIS: That makes it better. Okay. Very good. May 22, 2018 Page 124 Moving on. Item #11B RECOMMENDATION TO AUTHORIZE SINGLE-SOURCE WAIVERS FOR AIRBUS AND METRO AVIATION FOR A ONE- TIME PURCHASE OF AN AIRBUS HELICOPTER EQUIPPED WITH MEDICAL INTERIOR FOR THE EMS PROGRAM TO REPLACE THE CURRENT 1999 AIRBUS EC 135T1 HELICOPTER AND TO NEGOTIATE A CONTRACT FOR FINAL PRICING, SUBJECT TO BOARD APPROVAL – APPROVED MR. OCHS: Moving on to 11B. This is a recommendation to authorize a Single-Source Waivers for Airbus and Metro Aviation for a one-time purchase of an Airbus helicopter for our EMS Medevac system. Chief Butcher can make the presentation or answer questions from the Board, whichever you prefer. CHAIRMAN SOLIS: Do you want to make a motion? COMMISSIONER FIALA: You know what -- yes, I'm going to make a motion. I went down -- I don't know if any of you have been down to see the helicopter, the MedFlight, and they have to squish them in because it's so small inside that they can barely fit in. And how they ever get two in -- they're supposed to be able to handle two, plus, of course, the person servicing the other people, plus the observer, plus the pilot and the copilot. I don't know how they ever get it into the teeny, little airplane, but we are desperately in need of this one. And I talk with Leo all the time. After I saw it and you guys took me around, I said, we've got to have this and do this quickly. And the County Manager said, we're starting to put money away for it right May 22, 2018 Page 125 now. So here it is before us, and I make a motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Second -- third. CHAIRMAN SOLIS: There's a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. CHIEF BUTCHER: Thank you very much. CHAIRMAN SOLIS: Congratulations. CHIEF BUTCHER: That was way easier than I thought it was going to be. COMMISSIONER McDANIEL: And my light was on, by the way, just so you know. CHAIRMAN SOLIS: I'm sorry. Did you want to say something? COMMISSIONER McDANIEL: Well, I did. I just wanted to say that I was glad you-all stayed here for the helicopter vote and weren't here because you were mad about the other one. CHIEF BUTCHER: No. Commissioners, as you can see, you do have the support of your flight team, and we greatly appreciate that motion, and we look forward to bringing this back to you once we negotiate a contract. CHAIRMAN SOLIS: Thank you. COMMISSIONER McDANIEL: Thank you. May 22, 2018 Page 126 Item #9D – Discussed; Continued to later in Meeting RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO PROVIDE FOR AN AMENDMENT TO SECTION 74-401 TO ENCOURAGE THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING BY ALLOWING THE BOARD, ON A CASE- BY- CASE BASIS, TO ALLOW RENTAL IMPACT FEE DEFERRALS IN EXCESS OF THE ANNUAL ALLOTMENT OF 225, TO ALLOW RENTAL IMPACT FEE DEFERRALS OF GREATER THAN TEN (10) YEARS AND TO EXTEND THE AFFORDABILITY TERM OF PARTICIPATING RENTAL DEVELOPMENTS FROM 15 TO 30 YEARS MR. OCHS: Commissioners, I'm jumping back now to Item 9D, which was previously Item 17C on your summary agenda, and this was moved forward at Commissioner Fiala's request this morning. This is a recommendation to approve an amendment to your consolidated impact fee ordinance to encourage development of affordable rental housing by -- COMMISSIONER FIALA: That's 7 -- oh, okay. Yeah, you moved 7C (sic) off into this one? MR. OCHS: 17C from your summary now is under advertised public hearings. So this was a follow-on from the Board's action taken on April 28th. And I'll ask Ms. Patterson -- Commissioner, do you have specific questions, or would you like a staff presentation? COMMISSIONER FIALA: Yeah, I had a couple questions on it. All I have to do is get my questions in front of me. May 22, 2018 Page 127 COMMISSIONER SAUNDERS: I think all of those deferrals are going to be in East Naples. COMMISSIONER FIALA: Pardon me? COMMISSIONER SAUNDERS: All of those deferrals are going to be in East Naples. COMMISSIONER FIALA: I think so, yeah. COMMISSIONER TAYLOR: Yeah, but which part of East Naples; District 4 or District 1? COMMISSIONER McDANIEL: I thought I was the only troublemaker. COMMISSIONER FIALA: He did a good job. COMMISSIONER McDANIEL: Yes, he did. That was a good one. COMMISSIONER FIALA: Yeah. I was just wondering, number one -- I'm sorry that I'm so discombobulated. COMMISSIONER McDANIEL: If you'd just let me help you, you'd be all right. COMMISSIONER FIALA: So one of the questions I had -- I would have just called you -- had I known I could just ask you, I would have just done that. MS. PATTERSON: No problem. COMMISSIONER FIALA: Okay. The Board accepted the CHP back when, and now -- I didn't realize if accepted -- and I asked this about Leo, so I guess that's what I'm asking you about, too. They accepted the CHP, but now it says here initiating the implementation. And I just wanted to know if "accepted" and "approved" mean the same thing, or do you -- just accept means you do move forward with efforts even though it hasn't been approved or what? MR. OCHS: Commissioner, with respect to the Community Housing Plan, the Board accepted the plan in general with the proviso May 22, 2018 Page 128 that we come back with the individual recommendations in a series of visits to the Board. We've been doing that routinely here over the last few months. We brought a first set of six recommendations. The Board voted individually on each one of those. Then in -- April 28th we brought another group back. One of those that was specifically approved by the Board was the resolution to make this change to your impact-fee ordinance. That's why it's now on your agenda for board action. COMMISSIONER FIALA: I'm so sorry. I'm not prepared at all. I had preparation early on in the meeting, but so much has gone on, I'm not as prepared as I was back then. I might have to bring it back again. MR. OCHS: Well, Commissioner, we can do some other items if you'd prefer and then come back to this later in the meeting. Would that be helpful for you? COMMISSIONER FIALA: Yeah, that would be great, because I can go through my notes then, yeah. MS. PATTERSON: No problem. COMMISSIONER FIALA: One of the things I wanted to talk just a little bit about is that -- for the 10 years, and now we're extending it to 30 years. And I'm wondering what condition these places will be like in 30 years, and is that a smart move for us to make, and what is the reason that we would have to do that? MR. OCHS: Would you like us to continue with this item now? COMMISSIONER FIALA: You can handle that, if you would like, yeah, and then I'll get the rest of my questions. MS. PATTERSON: No problem. Amy Patterson, for the record, director of Capital Project Planning Impact Fees and Program Management. So there's a couple of different things that are happening with this change to the consolidated impact-fee ordinance. And so the reference to the 10 years for the rental deferral program remains in place. It's May 22, 2018 Page 129 been in place for a number of years. But what this amendment does is it allows, on a case-by-case basis, if a developer of affordable housing were to come in and need a longer deferral term, or if they wanted to have more units than is allowed, there's a 225-unit-per-year cap. If they, for some reason, wanted to ask for additional units, they would have to -- number one, we would have to figure out what they were asking for and the methodology by which we would be administering that, some financial items and things like that, and it would come before the Board for a vote. So that's the 10-year piece; otherwise, 10 years remains in place as the term of the deferral. The 30 years you're talking about is the affordability piece, which I will turn to Cormac to explain what that means. So there's two time periods different -- that are going on here. One has to do with the term of the deferral, and one has to do with how long it has to remain affordable. So let me let Cormac talk to you about that part. MR. GIBLIN: Thanks, Amy. Cormac Giblin, your Housing and Grant Development manager. And she summed it up pretty much. The change from 15 to 30 years is in relation to the affordability period, which is how long those units need to remain rented as affordable, essentially keeping them on the hook longer. COMMISSIONER FIALA: Okay. So, in other words, you're saying that the rent for these affordable housing units still stays the same. Are they still required to -- because that gets to be pretty old. Are they going to still maintain them to a point where people will want to even rent them? MR. GIBLIN: They would be held to the same property standards as everything else in our codes. COMMISSIONER FIALA: Okay. There was another question here, too, and it's on a completely different subject. I'm going to come May 22, 2018 Page 130 back to that anyway. But there was something on here where we were giving impact fee -- well, relieving them of any impact fees because they've taken their 15 years, but then we pay it out of taxpayer dollars instead. We pay back that impact fees. But then they were talking somewhere in that whole thing -- I'm sorry, but it's located in here. One subject was where they were going to sell these houses then that they've -- they were all in Naples Manor, and one was for $52,500 for I don't know how many, and then the next one was for $46,000 for the house. I'm wondering what shape are they in? Do they go in and fix those places up? Are they -- I don't know what -- who would buy a house for $46,000? And would they expect it to be looking nice, or do they just get it in whatever form it's left in? MR. OCHS: Commissioner, I believe you're referring to Item 16D4 on the agenda this morning. COMMISSIONER FIALA: There were two of them, one in a row of the other. MR. OCHS: Yeah. I believe there was three properties that we had recommended a release of a lien because they had satisfied the 15-year affordability requirement. COMMISSIONER FIALA: They were selling them to them for 46,000. COMMISSIONER TAYLOR: That's where it is. That's where it is. Because I see Naples Manor, release of lien. MR. GIBLIN: Yeah, Commissioner, those were -- that was an item on your consent agenda this morning. COMMISSIONER FIALA: Right. MR. GIBLIN: It related to three properties in Naples Manor who had met their 15-year affordability period and, as such, were brought to you for the release of lien having met their obligations. COMMISSIONER FIALA: Two of them -- two things right in a May 22, 2018 Page 131 row said they were buying them, right, for 52,000 and 46,000? No? MR. GIBLIN: No. COMMISSIONER FIALA: Oh, okay, fine. So -- okay. Then what were those subjects? What numbers were they? I'm sorry. I've forgotten. MR. OCHS: 16D4 was what we just talked about. 16D5, it was an item that you approved this morning to release nine mortgage satisfactions from your SHIP program. COMMISSIONER FIALA: Yeah. MR. OCHS: I don't know if that was the question, ma'am. COMMISSIONER FIALA: That wasn't it. I'm sorry. I'll have to go back. I'll just have to bring it up at another time. I meant to pull those two just to ask about it. It's a simple question. I just want to know if you go in and clean them all up. COMMISSIONER TAYLOR: What's the procedure then, if -- do you have any -- does the county have any skin in the game except to allow the impact-fee waiver? MR. GIBLIN: Both of these items relate to old impact-fee deferrals that were given in excess of 15 years ago. COMMISSIONER FIALA: Okay. MR. GIBLIN: What we're doing now is going back and releasing those liens because the period has expired. COMMISSIONER FIALA: And maybe that's where my confusion lies. In 16D4 it says that the purchasers of three houses to be built in Naples Manor -- purchasers of three houses to be built in Naples Manor that will sell to very-low-income families for approximately $46,500. That's what it says. COMMISSIONER McDANIEL: But these are already done deals. MR. GIBLIN: Yeah, that's the language from 1999. May 22, 2018 Page 132 CHAIRMAN SOLIS: That's what happened in 1999. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: That's the history of how these became subject to the liens. MR. GIBLIN: Correct. COMMISSIONER FIALA: Okay. I didn't read that it was history, but okay, fine. Thank you. And the other ones that were on 17C, I'll get back to you a little bit later before the end of the meeting. COMMISSIONER McDANIEL: Don't go away on 17C. I have a point, if I may. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: And that is, it seemed to me -- and I just wanted to make sure that I understood and read it properly, because the deferral period is for 10 years and stays at 10 years except for on a case-by-case basis. And since we're extending the affordability period from 15, recommending that it be extended from 15 to 30 and the rationale there is is it keeps more affordable units on the market longer and we're not having this roll out like we have been having in the recent past which creates a deficit in the housing-affordability issues, we would be able to mirror the deferral period to the 30-year process -- MR. GIBLIN: On a case-by-case basis. COMMISSIONER McDANIEL: -- on a case-by-case basis, because it would -- it's almost counterintuitive that the deferral period would be for 10 years, but we're going to hold them to an affordability -- whatever the word is, an affordability designation with only a deferral period of 10. So we could, on a case-by-case basis, allow for that deferral period to mirror the affordability period. MR. GIBLIN: Yes, sir. COMMISSIONER McDANIEL: That was how I interpreted May 22, 2018 Page 133 that. Now -- and I just wanted to say, with regard to the condition, the condition is going to travel along with our code enforcement, building codes, and the requisites that we have for upkeep and maintenance of any private piece of property. That just happens, supposedly. CHAIRMAN SOLIS: Any other question/comments for staff? MR. OCHS: So do I understand we're tabling 17C? CHAIRMAN SOLIS: No. COMMISSIONER FIALA: No. I'm just going to bring it up a little bit later. COMMISSIONER TAYLOR: This is the time. COMMISSIONER FIALA: Just the other -- it's just a couple more questions. It's not anything that's terrible. I just had questions to be answered, but I don't want to -- CHAIRMAN SOLIS: Can we go ahead and vote on -- make a motion and vote on 17C then, then we can ask questions later or what -- COMMISSIONER FIALA: I don't care. Whatever you'd like to do. CHAIRMAN SOLIS: Well, it's -- COMMISSIONER FIALA: I just have questions to be answered. CHAIRMAN SOLIS: Yeah. I think the question is, do we go ahead and entertain motions on 17C and then bring back the questions that you have for staff later, or do we table it to do them both later? MR. OCHS: Commissioners, if you don't mind tabling. CHAIRMAN SOLIS: Okay. MR. OCHS: That way we can make sure we get Commissioner Fiala's issues addressed. COMMISSIONER FIALA: Yeah, I'm sorry that I'm not -- MR. OCHS: No. No need to apologize, ma'am. I just want to make sure we table until we can answer her questions. May 22, 2018 Page 134 COMMISSIONER TAYLOR: We're coming back at five o'clock anyway. MR. OCHS: Maybe she'll find -- we still have other items, so if she has -- COMMISSIONER TAYLOR: But if you don't, we have -- MR. OCHS: Yes, yes. So do we need a motion to table, Mr. County Attorney? MR. KLATZKOW: No. We'll just table it. Bring it back. COMMISSIONER McDANIEL: We're just going to table it until you're ready. Item #11D RECOMMENDATION TO AWARD INVITATION TO BID (ITB) SOLICITATION NO. 18-7339 NORTH COLLIER REGIONAL PARK ARTIFICIAL TURF CONVERSION, TO HELLAS CONSTRUCTION, INC., FOR CONSTRUCTION OF FOUR (4) ARTIFICIAL TURF SOCCER FIELDS AT NORTH COLLIER REGIONAL PARK IN THE AMOUNT OF $4,107,031, AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONSTRUCTION SERVICES CONTRACT, AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THIS EXPENDITURE PROMOTES TOURISM – APPROVED MR. OCHS: So, Mr. Chairman, if I might then, we can move forward to 11D, and this is a recommendation to award a bid for Artificial Turf Conversions to Hellas Construction to construct four artificial turf soccer fields at the North Collier Regional Park in the amount of $4,107,031 and approve related budget amendments. Mr. Williams can make a presentation or respond to questions from the Board, whatever the pleasure of the Board. May 22, 2018 Page 135 CHAIRMAN SOLIS: I'll make a motion to approve that. COMMISSIONER McDANIEL: And I'll be seconding it. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. WILLIAMS: Thank you. MR. OCHS: Thank you, Commissioners. Item #11E RECOMMENDATION TO APPROVE AN AGREEMENT FOR $20,165,450 WITH AJAX PAVING INDUSTRIES OF FLORIDA, LLC, PURSUANT TO REQUEST FOR PROFESSIONAL SERVICES, #17-7159 "DESIGN-BUILD GOLDEN GATE BOULEVARD 4-LANE, FROM WEST OF 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD, INCLUDING DRAINAGE TO THE FAKA UNION CANAL” (PROJECT NUMBER 60145) – APPROVED That takes us to Item 11E. It's a recommendation to approve an agreement for $20,165,450 with Ajax Paving Industries of Florida, LLC, for the design-build for Golden Gate Boulevard four-lane extension from west of 20th Street East to east of Everglades Boulevard. May 22, 2018 Page 136 And Mr. Ahmad can present or address questions from the Board. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: Motion and a second to approve. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. AHMAD: Thank you. MR. OCHS: Thank you, Commissioners. Item #11F RECOMMENDATION TO AWARD INVITATION TO BID NO. 18- 7326, “TWIN EAGLES PUMP STATION AND FORCE MAIN UPGRADES” TO QUALITY ENTERPRISES USA, INC., UNDER PROJECT NUMBER 70227, IN THE AMOUNT OF $1,022,003, APPROVE THE NECESSARY BUDGET AMENDMENT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT – APPROVED That takes us to Item 11F. This is a recommendation to award a bid for Twin Eagles pump station and force main upgrades to Quality Enterprises USA in the amount of $1,022,003 and approve the necessary budget amendments. Mr. Chmelik, again, can present or respond to questions from the May 22, 2018 Page 137 Board. COMMISSIONER McDANIEL: Move for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. MR. OCHS: Thank you. I think that's all we have until your 5:05 public hearing, unless Commissioner Fiala is ready to – Item #9D – Continued from earlier in the Meeting ORDINANCE 2018-28: RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING CHAPTER 74 OF COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO PROVIDE FOR AN AMENDMENT TO SECTION 74-401 TO ENCOURAGE THE DEVELOPMENT OF AFFORDABLE RENTAL HOUSING BY ALLOWING THE BOARD, ON A CASE- BY- CASE BASIS, TO ALLOW RENTAL IMPACT FEE DEFERRALS IN EXCESS OF THE ANNUAL ALLOTMENT OF 225, TO ALLOW RENTAL IMPACT FEE DEFERRALS OF GREATER THAN TEN (10) YEARS AND TO EXTEND THE AFFORDABILITY TERM OF PARTICIPATING RENTAL May 22, 2018 Page 138 DEVELOPMENTS FROM 15 TO 30 YEARS – ADOPTED COMMISSIONER FIALA: I am. MR. OCHS: Very good. COMMISSIONER FIALA: There's the other, and it's pretty simple, too. I just -- I had somebody write in to me and say if they want to keep the income -- the low income for 30 years, what happens if they don't? MR. GIBLIN: If the owner who has received a rental deferral, there's a lien placed on that property, that if they do not abide by the conditions of the lien, the county can foreclose on it. COMMISSIONER FIALA: Oh, okay, fine. That was the other question. Thank you. Okay. So I make a motion to approve. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Second -- third. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Approved. MR. OCHS: Mr. Chairman, would you like to do your commission and staff communications, or do you want to wait till after your 5:05 hearing? We have time now. COMMISSIONER FIALA: Let's do it now. May 22, 2018 Page 139 CHAIRMAN SOLIS: Get it out of the way. COMMISSIONER FIALA: Because we don't know what time that 5:05 is going to get out. COMMISSIONER SAUNDERS: Unless you want to continue that until 6:30. CHAIRMAN SOLIS: I'd say let's. COMMISSIONER FIALA: What did you say? COMMISSIONER SAUNDERS: 6:30 time-certain. CHAIRMAN SOLIS: Time-certain for comments? COMMISSIONER TAYLOR: I think 7:00; 7:00 might be better. It's a little more civilized. COMMISSIONER McDANIEL: We'll have more people here then. CHAIRMAN SOLIS: I think we should go ahead with our staff and commission – Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, sir. I just have a couple of quick reminders here, one request with regard to upcoming workshops. Just a reminder June 5th at 9:00 a.m. is your BCC mental-health workshop and, secondly, I'm requesting a November 6th workshop date with the Board to spend some time going over our public transit system, if you don't mind. COMMISSIONER TAYLOR: Good. I've got one no and four yeses. COMMISSIONER FIALA: No problem. It's a good system. Looks great. COMMISSIONER McDANIEL: That's right. We don't need to May 22, 2018 Page 140 have a workshop. CHAIRMAN SOLIS: It's not election day, is it? COMMISSIONER McDANIEL: No, it's two days before election day. MR. OCHS: No, no. COMMISSIONER TAYLOR: We're going to be really in good shape. MR. OCHS: Thank you. That's all I have. COMMISSIONER McDANIEL: You get to do that one on your own. CHAIRMAN SOLIS: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN SOLIS: Clerk? MS. KINZEL: No, thank you. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Nothing here. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Yeah, nothing much except when you talked about transit, do you know way back in the year 2000 when I ran for office, there was a guy who ran strictly to oppose the transit system. By the way, he lost, I won. But I thought, isn't it something, and look at how successful it is and how much we've used it, and I think it's been a great asset to our community. That's it. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: I just would like to remind everyone that tomorrow we have the third mock commissioner meeting, and our schools are Gulf View Middle, Immokalee Middle, and -- oh, Sherry will help me -- Oak Ridge Middle, I believe. And we're going to conduct, you know, a mock commissioner meeting. The students bring in their subjects, and they argue it, and May 22, 2018 Page 141 they take positions of all of us. So there will be a county attorney and a county manager and assistant county manager, and we call Troy the master of ceremonies for no other reason than I'm not sure what your title is. MR. KLATZKOW: It's master of ceremonies. MR. MILLER: Depends on the day. COMMISSIONER TAYLOR: And he's blushing. But anyway, it should be a -- please come by if you want to see some minds and, hopefully, some future participants in our political system. COMMISSIONER SAUNDERS: I have nothing to add, Mr. Chairman. CHAIRMAN SOLIS: I'll just add that the June 5th workshop, I think everyone's going to be able to attend. I know last year we were missing -- COMMISSIONER McDANIEL: I can make that one. CHAIRMAN SOLIS: It's going to be, I think, a fascinating workshop. There's -- some great things have come out of the actions that the Board took last year. And, you know, I don't think I have to continue to say how important it is that we look at how we deal with mental-health issues in Collier County a different way. We just have to watch the news every day. So with that said, we're adjourned until 5:05. MR. OCHS: Recess till 5:05. CHAIRMAN SOLIS: Recess till 5:05. MR. OCHS: Thank you. (A brief recess was had.) Item #9C RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE May 22, 2018 Page 142 COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW MEDICAL MARIJUANA DISPENSARIES IN THE SAME ZONING DISTRICTS AS PHARMACIES, AND TO CODIFY STATUTORY REQUIREMENTS FOR SECURITY MEASURES AND DESIGN AND SIGNAGE, 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 ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, ADDING NEW SECTION 5.05.16 MEDICAL MARIJUANA DISPENSARIES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE – MOTION TO MOVE FORWARD WITH STAFF’S LDC RECOMMENDATIONS – FAILED MR. OCHS: Commissioners, we're back in session. We're on your time-certain 5:05 p.m. hearing item, which is Item 9C on this evening's agenda. This item is a recommendation to approve an ordinance amending the Collier County Land Development Code to allow medical marijuana dispensaries in the same zoning districts as pharmacies and to codify statutory requirements for security measures, May 22, 2018 Page 143 design, and signage. And Mr. Bosi will take you through the presentation. MR. BOSI: Good evening. Mike Bosi, Planning and Zoning director. I just put a couple slides on the visualizer, or the PowerPoint just to remind you of where we're at, where we were, and where we're trying to go. March 13th of this year the Board, by a vote of 3-2, directed staff to vet the LDC amendment to allow for medical marijuana dispensing facilities to be treated the same as a pharmacy from a zoning perspective, with one restriction of a 500-foot limitation from a proximity to schools. That was the only locational restriction or allowance for any modifications towards where the siting of the zoning was allowed for. It was either that option or to ban those facilities outright. In December 12th of 2017, the Board extended that moratorium temporarily hoping that the legislature was going to give the Board of County Commissions, local jurisdictions, a little more leeway in terms of how they would allow for these facilities to be sited. Did not happen, on the 13th, recognized that, staff came back, brought the item to the Board's attention. We went out, were directed to vet the amendments. We went out, vetted the amendments with the public, with the DSAC, DSAC subcommittee, the Planning Commission. The Planning Commission made a recommendation to ban medical marijuana dispensaries. They decided not to provide any guidance on the language that was being proposed, but within their opinion, that they felt that banning was the option that they would prefer. The DSAC recommendation was approval of the amendment but to delete the lighting in the parking standards. There's some standards May 22, 2018 Page 144 that we took from the statutes that we just wanted to codify at the local level to make sure that we can enforce those type of statutes at the local level to make sure that we could give some additional protections for the Board of County Commissioners. What's put before you is the LDC amendment to treat the medical (sic) dispensaries as pharmacies with that 500-foot restriction with a couple addition -- with references and reciting restrictions on lighting, signage, and security measures. Like I said, there's three -- or there's a staff recommended (sic), which was contained in your packet. The DSAC was recommended but to drop the echoing of the state statutes related to the lighting and the signage, and the Planning Commission's recommendation was for a ban. And when we received the direction back in March, we recognized there was the dilemma we need four -- we need four votes for approval of adding a land use to a Land Development Code. So for tonight we are looking for either four votes to pass -- or to pass the proposed amendment to treat medical marijuana facility -- dispensing facilities as pharmacies with that 500-foot restriction, and if we cannot gain the four votes for that supermajority, by default our action would result in the Board of County Commissioners, essentially, banning that use or not allowing that use, because the specificity of our Land Development Code states that a use has to be specifically authorized by the Board to be added to our Land Development Code. And with that, I will field any questions. And I have my Land Development Code full team here that took the bulk of the responsibility of doing all the hard work in coordination with all the stakeholders. COMMISSIONER FIALA: I have a simple question, and I feel embarrassed to ask it. But what is a secondary school? COMMISSIONER McDANIEL: Stay on your microphone, May 22, 2018 Page 145 please. COMMISSIONER FIALA: What's a secondary school? Is it a high school? MR. BOSI: Yes, a secondary school is a high school. COMMISSIONER FIALA: Oh, okay. I didn't -- CHAIRMAN SOLIS: That's a good question, though. COMMISSIONER FIALA: I didn't know what it was. COMMISSIONER McDANIEL: Primary education is first through -- COMMISSIONER TAYLOR: Oh, stop. COMMISSIONER McDANIEL: I'm assuming my political position here. COMMISSIONER FIALA: Good. It looks better on you. CHAIRMAN SOLIS: So any other questions for staff? (No response.) CHAIRMAN SOLIS: No lights are on. We have public speakers. MR. MILLER: Yes, Mr. Chairman. I have four registered speakers on this item. Your first speaker is Yvette Stafford June (sic). She will be followed by Alexander Popoff. Mr. Popoff, if I could have you stand by at this other podium, please. MS. JONES: Hi. My name is Yvette Stafford Jones, and I have been here numerous times before speaking on this subject. I am one of the founders of the Crohn's Charity Service Foundation since 2011. Headquarters here in Collier County; suboffice in Coral Springs. I have given educational seminars since July 2016 working with John Morgan, speakers, and after the vote I had certified medical marijuana doctors on board to serve our community. My education -- my educational event has been held mostly in surrounding churches: Catholics, Unitarian, Baptist, Methodists, here May 22, 2018 Page 146 in Collier County. This is kind of a hard -- this is kind of hard for me to stand up here before you and try to fight for this regulation because it means so much to me, but most of my clients that I am fighting for are very sick and they've very ill. And there's different subjects that -- the reason why we need to have it close here in Collier is because they can't -- they can't drive, they can't -- they can't get there, they can't drive. I'm getting personal now, and I don't want to do that. I want to stay business. They get -- and so it would be beneficial to start planning and allowing these dispensaries here in Collier County, and I'll tell you why: A client came to me this week and they said, you know, not -- they don't want to drive anywhere to purchase any meds, and they're upset about the delivery costs that they have to pay for it. They're already sick. They're spending money for doctors and everything. And they said -- most of them are very normal citizens and they've -- they need this medicine to function. Food for thought: We voted 71 percent statewide, 65 percent in Collier County. It means a lot, just here alone, and we even had -- we even had the Collier Enterprise throwing in their hat to try to be a medical marijuana treatment center. It can help a lot of people. I know my time is up, but I just want to ask you to heavily consider allowing dispensaries to set up here in Collier County. And the video -- the commercial on TV that says "driving baked" has all these seniors scared to even drive to Bonita or Fort Myers, because anything can happen. Thank you. MR. MILLER: Your next speaker is Alexander Popoff. He'll be followed by Bill Barton. MR. POPOFF: How you doing? My name's Alex Popoff. I'm a 90 percent disabled U.S. Air Force veteran, prior military police May 22, 2018 Page 147 officer, and I'm a medical marijuana patient here in Collier County. Every time that your vote has forced me to drive to Collier County, I'd almost like to ask for the gas money. Delivery is selfish and foolish, and it makes me question why. Delivery is fine. Is that how you receive your medications, or do you go to CVS or Walgreens? Is that too personal a question? I just don't have the patience. My dad just got his card today, or rather the email allowing him, because the state doesn't even have their system together enough to get the card to you in a timely fashion. And he said, how do I get medical marijuana? That's what he's asking his son, a fellow patient. I said, I'm sorry. Number one, I can't get it for you. And if you set a delivery, you better be home, you better have the money to pay for it. I can't even accept it for you unless I was your caregiver, even though I'm also a patient. So if you think the one-size-fits-all you'll get it delivered works, that's selfish and disgusting. And I don't want to waste any more time talking. If you want to know my story, you can look it up online, just like I could get my medicine delivered. I'm not here to be nice. Thank you. MR. MILLER: Your next speaker is Bill Barton. He'll be followed by Allen Weiss. MR. BARTON: Good afternoon. Excuse me. Good afternoon, Commissioners. For the record, my name's Bill Barton. I reside at 106 Moorings Park Drive in Naples. I've been here speaking to the commission on this subject and many other subjects on many occasions. I can't think of any that have more meaning to me than this one. Let me give you just a brief history. I was the first president of the National Federation of Parents for Drug-Free Youth, and I and one other person were personally responsible for getting Nancy Reagan to May 22, 2018 Page 148 begin her "Just Say No" program. I recognize that what we're here talking about today is a product that the citizens of Florida have determined there is a small percentage of our population that can benefit from some of those items derived from the raw product, marijuana. Those are very small -- a percentage of the product of raw marijuana; however, one would ask, why should we ban dispensaries in Collier County? First let's think -- look at the data. The data that we have and I can -- in fact, I think I've already provided it to all of you. But it tells us that there will be less than 2 percent of the population of Collier County that will register with the State of Florida to receive medical marijuana. We have already heard from other speakers that a large percentage of them are going to be too ill to drive. One would then ask, well, now, how do they get to these dispensaries if they're too ill to drive? Wouldn't it be far more convenient for them to have the products delivered to their home or to their place of business? We look at the world we live in today; Amazon, Wayfair, the local pharmacies, the local grocery store. My son and daughter don't even go to the grocery store anymore. They have their groceries delivered to their home. That's the wave of the future. So let's stay with the future. Look at what this product is, and make a point that, yes, we want those people in Collier County that need these products for good health, we want them to have it. What's the logical way to do it? In our opinion, that's delivery. And that can come from dispensaries that are already open in Lee County, Broward County, Miami. There are at least, in those three counties, seven dispensaries currently operating, and we know for a fact that at least three of those are currently delivering to Collier County. We also recognize that there's probably going to be a growing distribution center authorized in Collier. That's a good thing; not a bad May 22, 2018 Page 149 thing. We are in favor of that because, once again, it will help the local residents get this product. Thank you very much for your time. MR. MILLER: Mr. Chairman, your final speaker on this item is Allen Weiss. DR. WEISS: Thank you, Commissioners. It's good to be with you again. Allen Weiss, president and CEO of the NCH Healthcare System. Earlier today Judge Martin was here with her drug court honorees as you recognized them. Seriously, drug addiction is a major concern for our nation right now. And a recent HSBC article shows that the cost of the opioid epidemic in the U.S. is 2.8 percent of the gross domestic product, and it's coincided with the decline in labor force participation. The huge economic impact nationally cannot be overstated. Locally, our medical examiner reported last year we had at least 61 deaths associated with overdoses in opioids. Almost every day one of the emergency rooms in -- and there are five emergency rooms in Collier County -- someone comes in with an overdose. Fortunately, most of those are reversible. Our whole healthcare system and our whole nation has been challenged by opioids. And many people believe that marijuana is a beginning drug for that. As we start with medical marijuana, which can help some folks -- but even that, medically, is still very controversial -- there are other medicines that do the same thing and don't have the same addictive properties. So, ultimately, it would be very interesting to see if we can get people off of medical marijuana onto other things that are going to be long-term safer and won't have the potential to be escalated. So having said that, we can help our community and our county continue to be the healthiest and the happiest in the nation with the May 22, 2018 Page 150 longest life expectancy. I think one of the reasons, and I said it this morning when we were together in a different circumstance, is that we are not having the number of opioid deaths that are the same as the rest of the nation where the life expectancy has decreased. We're actually increasing. So we have a real opportunity to help not only the folks who are on medical marijuana right now but to get other folks not to get on the marijuana and opioid epidemic that is plaguing us now and is going to be hard to reverse in our lifetimes. Thank you for your service and consideration. MR. MILLER: That was your final registered speaker. CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Well, just to keep things moving, I'm going to make a motion that we accept staff's recommendation and move forward the language to adjust our LDC to allow for the dispensaries. CHAIRMAN SOLIS: Is there a second? (No response.) CHAIRMAN SOLIS: I feel obligated -- as I've said from the beginning, I feel obligated to second that. But I would like to ask the County Attorney a couple of questions. COMMISSIONER McDANIEL: And I do have some comments, once we go to comments, with regard to that. I mean, if you want me to hit my button again, I will. CHAIRMAN SOLIS: No, that's okay. COMMISSIONER McDANIEL: I didn't want to argue the point if we don't have support to carry it forward. I do have a couple of comments as well, so... CHAIRMAN SOLIS: I'd like to have -- why don't we have a discussion first before we get to that. Because I'd like to ask the County Attorney, what's the status of the litigation on the statute? I May 22, 2018 Page 151 know it's been challenged in a couple of -- a couple of counties. Has anything come out of the appellate courts to give us some idea of where it stands? MR. KLATZKOW: I'm not aware of any decisions. CHAIRMAN SOLIS: Okay. And in terms of -- and maybe this is more a question for Mr. Bosi. In terms of the effect of the amendment, it will be regulated the same way that we regulate pharmacies. And so for a -- COMMISSIONER McDANIEL: Not regulated. CHAIRMAN SOLIS: What's that? COMMISSIONER McDANIEL: Well, I'm -- I'm not trying to put words in your mouth. It's just allowed in the same locations as pharmacies. In fact, our regulatory is an entirely separate subject. CHAIRMAN SOLIS: Understood. I mean, there are considerations in terms of locations for pharmacies other than locations to schools, right? I mean, there are others -- there are other criteria? MR. BOSI: A pharmacy has no locational criteria. CHAIRMAN SOLIS: None at all? MR. BOSI: None at all, other than it has to be within an appropriate zoning district that allows for a pharmacy, but there are no -- there's no restrictions in terms of separation of pharmacies from each other or from schools or anything such as -- CHAIRMAN SOLIS: Right. And just in general, the zoning districts that allow pharmacies as of right are all of the commercial zoning -- MR. BOSI: C1 does not allow for pharmacies. C2 does. CHAIRMAN SOLIS: Right. C2? MR. BOSI: C2 and above. CHAIRMAN SOLIS: And above. Okay. Anything else that's as a conditional use? MR. BOSI: The only time it would get into conditional use is the May 22, 2018 Page 152 size of the facilities, but that's -- it's really immaterial to your question. Nothing else in terms of -- CHAIRMAN SOLIS: Okay. Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yeah. And I just wanted to say, in deference to Dr. Weiss and my friend Bill Barton, and Ms. Pat, as well, I mean, there's a fray of emotions with regard to this. And, yes, technically it is legal, as the young man shared with regard to -- and it is being dispensed by mail. You can have cannabis delivered to your home now. And we as a board have been put in a very compromising position personally, I feel, by poorly written legislation. There was no discussion with the electorate that voted to legalize the dispensing of medical cannabis in that question that talked about whether or not local municipalities would have the right to ban the actual dispensaries or not. So it's really -- and I've shared this regularly as this issue's come up for in excess of a year or so. We've been put -- I feel we've been put in a compromising position. Like it or not, feel as we may or not, it was a constitutional amendment. It was voted on by a majority of the populous, and I feel it's incumbent upon us to allow for these dispensaries to be located here. The legislature covered the legality side, the legalization of the dispensing of medical cannabis via delivery to your home, but that wasn't a portion of the question that was asked of the electorate when the majority of the populous voted to allow it to be legalized. So there you are. CHAIRMAN SOLIS: Any other comments? Questions? Okay. COMMISSIONER SAUNDERS: I'll -- one or two comments. I don't think there's a supermajority vote to move this forward regardless of what we do tonight. I am concerned about the inability of May 22, 2018 Page 153 the county to control the number of dispensaries. If we permit dispensaries -- if we permit one, then the door is open for whatever number. I don't know that there would be more than one anyway, but I'm concerned about the fact that we do lose control. I'm not going to support the motion tonight to move forward with this, but I'm going to ask the Board to direct staff to bring this back in about six months for a report on how things are going in terms of home delivery. We'll be getting into the legislative session again. We'll see if there's anything that's going to come out of that. I don't expect it to, but Mr. Barton said something a few months ago when we were discussing this and basically said, if you approve it, the door's wide open. If you don't approve it, you can always open the door later on, and so I'm going to -- I'm not going to support the motion tonight. CHAIRMAN SOLIS: And I certainly appreciate Mr. Barton's comments, and I think it is a problem. I think the lack of any direction from the legislature is a colossal problem. I just -- I wish we had a clear picture on what we could do. But I think that's a wonderful idea to bring it back; regardless of what the vote is today, bring it back, and hopefully we do get some -- somewhere along the line we get some clear direction from the legislature. COMMISSIONER TAYLOR: Yeah. I'd just like to say, it reminds me that last year when this came forward there were questions that I had. Frankly, some of them came from the Bartons. And I called staff in Tallahassee, and they returned my call. And as we were talking, I said, could you please -- you know, let's summarize this and put this in writing. The letter never came. Never came. I think that's very important to put on the record, because I don't think they're really clear on this at this point, and I think they -- whatever happened -- and I'm not talking about legislators; I'm talking about staff. So, you know, I love your idea of looking at this in six months May 22, 2018 Page 154 again. I think it's important. I think we need to keep open because the people voted for this, and it's what -- medical marijuana is what we have right now, and I think it's important to many people. But I think we're very wise to take this very slowly. CHAIRMAN SOLIS: There's a motion and a second to approve the amendment. All in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. Opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Okay. The motion fails. COMMISSIONER McDANIEL: There you have it. COMMISSIONER FIALA: I feel a little bit of comfort because I know that people that do need it can get it -- COMMISSIONER TAYLOR: Can get it. COMMISSIONER FIALA: -- a prescription and have it delivered. And like that fellow in the back was saying, he can't drive anyway, and he said the people that he's trying to get it for can't drive, and they're too sick. And, you know, if people are too sick, they shouldn't be driving. And they do need it, so it can be delivered to them. So it isn't like we're denying the people who desperately need it, because they can get it. It's just that we're denying free and open -- I just fear when they can put it next to any pharmacy anyplace or even where pharmacies are located. That opens the picture wide open, and I -- I just don't think we should do that. CHAIRMAN SOLIS: You know, my only thought about that is is that, you know, pharmacies. I would assume -- and I'm going out on a limb here -- is a very lucrative business, running a pharmacy, and we May 22, 2018 Page 155 don't have pharmacies just everywhere. I mean, I understand the concern that we would have a million of these somehow across the county but, I mean, I think the economic realities are going to drive the number of them, and I don't -- I haven't heard that there are an overabundance of people that are being prescribed it. So, I mean, I totally appreciate the concern. I'm just not sure that the reality of it would be that, because there's economics involved. And if there's no money to be made because there's not enough people that have a prescription for it, then it won't happen. But, anyway, it is what it is, and we'll revisit it, hopefully, in six months. I think that's it. We're done. Thank you. We're adjourned. ***** Commissioner Fiala moved, seconded by Commissioner McDaniel and carried that the following items under the Consent and Summary Agendas be approved and/or adopted (Commissioner Solis abstained from voting on Item #16A3) **** Item #16A1 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR THE ARLINGTON OF NAPLES, PL20150001183, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $107,249.66 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF LELY CULTURAL PARKWAY May 22, 2018 Page 156 Item #16A2 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE MASTER METER FOR TURNBERRY WOODS AT THE STRAND, PL20140000348 - RE-INSPECTION WAS CONDUCTED ON MARCH 15, 2018 (POST HURRICANE IRMA) AND FOUND THE FACILITIES TO BE SATISFACTORY Item #16A3 (Commissioner Solis abstained from voting) FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR MARENGO AT FIDDLER’S CREEK, PL20160001390 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON APRIL 17, 2018 AND FOUND THE FACILITIES TO BE SATISFACTORY Item #16A4 RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 5B, (APPLICATION NUMBER PL20180000568) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED AT THE END OF ANTHEM PARKWAY Item #16A5 May 22, 2018 Page 157 RECORDING THE FINAL PLAT OF ANTILLES, (APPLICATION NUMBER PL20150002611) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (COA) PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A6 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR SITE 56, BLOCK A, PELICAN BAY UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 12, PAGES 47-52 OF THE PUBLIC RECORDS OF COLLIER COUNTY – LOCATED AT BOBWHITE LANE Item #16A7 APPROPRIATION OF THE COLLIER METROPOLITAN PLANNING ORGANIZATION’S (MPO) ANNUAL OPERATING BUDGET FOR FY 18/19 AND AUTHORIZING THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF $909,379, EFFECTIVE JULY 1, 2018 Item #16A8 RESOLUTION 2018-88: SUBMISSION OF ONE CAPITAL IMPROVEMENT PROJECT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)/BIG CYPRESS BASIN LOCAL PARTNERSHIP GRANTS PROGRAM FOR FY2019; May 22, 2018 Page 158 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE APPLICATION – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A9 AFTER-THE-FACT APPROVAL FOR THE SUBMISSION OF AN EMERGENCY WATERSHED PROTECTION PROGRAM GRANT APPLICATION TO THE US DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICES TO ADDRESS THE EXISTENCE OF STORM RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF SERVICE (LOS), IN THE AMOUNT OF $6,476,678.18 WITH AN ESTIMATED REQUIRED LOCAL MATCH IN THE AMOUNT OF $1,962,629.75 - TO ADDRESS THE EXISTENCE OF STORM RELATED DEBRIS IN COLLIER COUNTY WATERWAYS AND TO MAINTAIN AN APPROPRIATE CONVEYANCE SYSTEM FOR AN ADEQUATE FLOOD PROTECTION LEVEL OF SERVICE (LOS) Item #16C1 THE CONVEYANCE OF A UTILITY EASEMENT ACROSS THE SOUTHWEST CORNER OF GOLDEN GATE COMMUNITY PARK FROM COLLIER COUNTY TO THE COLLIER COUNTY WATER-SEWER DISTRICT – RELATING TO FOLIO #00296200009 FOR THE FGUA TRANSITION-WATERLINE INTERCONNECT PROJECT May 22, 2018 Page 159 Item #16C2 AWARD RFQ #14-6213-117, “BAY COLONY APPURTENANCES”, TO INCLUDE MASTER METERS, BACKFLOW PREVENTERS, BY-PASS DEVICES, AND VALVES, TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $433,800, PROJECT NUMBER 70174 “DISTRIBUTION CAPITAL PROJECTS.” – FOR INSTALLATION OF EIGHT VALVES, FIVE METERS, EIGHT BACKFLOW PREVENTERS, AND EIGHT BY-PASSES IN TEN DIFFERENT AREAS OF BAY COLONY Item #16C3 A WAIVER OF RIGHT TO FILE AN APPLICATION FOR THE UNITED STATES SMALL BUSINESS ADMINISTRATION ON BEHALF OF THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC., RELATED TO A LOAN TO REPLACE A MOBILE OFFICE THAT WAS DAMAGED IN HURRICANE IRMA – UTILIZED BY THE FAIRBOARD AND LOCATED AT 751 39TH AVENUE NE Item #16C4 A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION’S CONTRACTOR, BERGERON LAND DEVELOPMENT, TO ACCESS PROPERTY THAT IS HELD IN THE GAC LAND TRUST INVENTORY TO FACILITATE CONSTRUCTION OF THE 8TH STREET NE BRIDGE – FOLIO #37289560004 May 22, 2018 Page 160 LOCATED AT 879 8TH STREET NE Item #16C5 AWARD INVITATION TO BID (ITB) NO. 18-7288 “COLLIER COUNTY JAIL MOBILE KITCHEN TRAILERS” TO S.R. HOLDING CO. OF MIAMI, INC., D/B/A S.R. HOLDINGS INC. AND APPROVE THE AGREEMENT – NEEDED DURING RENOVATIONS OF THE MAIN JAIL, BUILDING J1 Item #16C6 A BUDGET AMENDMENT IN THE AMOUNT OF $120,000 FOR CAPITAL IMPROVEMENTS FOR THE COLLIER COUNTY COURTHOUSE BUILDING L, INCLUDING REPLACEMENT OF CARPETS, JURY CHAIRS AND SECURITY CAMERA UPGRADES, AND APPROVE THE UTILIZATION OF COURT MAINTENANCE FEE FUNDING IN FUND 181 – PROJECT #50078 Item #16C7 ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST FOR PROFESSIONAL SERVICES (RPS) #18-7277, “PUBLIC UTILITIES DEPARTMENT COMPLEX DESIGN” (PROJECT #70167), WITH THE TOP-RANKED FIRM, STANTEC CONSULTING SERVICES, INC. – TO BE BUILT WITHIN THE SOLID WASTE RESOURCE RECOVERY BUSINESS PARK Item #16C8 May 22, 2018 Page 161 AUTHORIZING PARTIAL PAYMENT OF $423,125.78 TO ASHBRITT ENVIRONMENTAL FOR EMERGENCY MOBILIZATION/DEMOBILIZATION OF GENERATORS DURING THE HURRICANE IRMA STORM RELATED RESPONSE Item #16C9 AUTHORIZING PAYMENT OF INVOICES IN THE AMOUNT OF $635,540.62 TO US ENERGY SERVICE & PURE AIR CONTROL SERVICES, INC. FOR INDOOR AIR QUALITY TESTING AND MITIGATION SERVICES RELATED TO THE HURRICANE IRMA STORM RECOVERY MISSION COMPLETED PRIOR TO THE FEMA MARCH 4, 2018 DEADLINE Item #16D1 BUDGET AMENDMENTS TO ALLOW CONTINUOUS OPERATION OF THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE GRANTS FOR THE COLLIER COUNTY SERVICES FOR SENIORS (CCSS) PROGRAM FROM THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., PRIOR TO THE EXECUTION OF FUNDING AWARD (NET FISCAL IMPACT $1,403,132.44) – THE CCE GRANT HAS A LOCAL MATCH REQUIREMENT OF 10%, WHICH WILL BE PARTIALLY MET THROUGH THE CO-PAYMENTS RECEIVED AND ADI HAS A CO-PAYMENT REQUIREMENT Item #16D2 May 22, 2018 Page 162 A SECOND AMENDMENT TO LEASE AGREEMENT WITH BIGI & BIGI, LLC, FOR ADDITIONAL OFFICE SPACE TO BE UTILIZED BY THE COLLIER COUNTY HEALTH DEPARTMENT, AT STATE OF FLORIDA EXPENSE – LOCATED AT COURT PLAZA III, JUST NORTH OF THE GOVERNMENT CENTER Item #16D3 AN INTERLOCAL LEASE AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY (DISTRICT) FOR THE CONTINUED USE OF A PORTION OF THE IMMOKALEE COMMUNITY PARK – FOR THE USE OF BASEBALL FIELDS AT 321 NORTH FIRST STREET Item #16D4 RELEASE OF LIEN FOR A COMBINED AMOUNT OF $21,421.02 FOR THREE (3) PROPERTIES DEVELOPED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED FIFTEEN (15) YEAR PERIOD FOR THE IMPACT FEE WAIVERS SET FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM – LOCATED WITHIN NAPLES MANOR AT 5485 MARTIN STREET AND 5237 AND 5426 CARLTON STREET Item #16D5 NINE (9) MORTGAGE SATISFACTIONS FOR THE STATE May 22, 2018 Page 163 HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $80,485.29 – LOCATED AT 14681 APALACHEE STREET, 3780 29TH AVE NE, 9063 GERVAIS CIRCLE #1204, 820 DESOTO BLVD S., 277 PORTER STREET, 3235 45TH STREET SW, 4401 21ST AVE SW, 4921 22ND AVENUE SW AND 5473 26TH PLACE SW Item #16D6 RESOLUTION 2018-89: THE SUBMITTAL OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES IN THE AMOUNT OF $475,050 FOR STRUCTURAL STABILIZATION AND REHABILITATION OF THE HISTORIC ROBERTS HOME AT THE IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH WITH A REQUIRED MATCH OF TWENTY-FIVE (25%) PERCENT Item #16D7 AMENDMENT NO. 3 TO THE PARKS AND RECREATION DIVISION FACILITY USE MEMORANDUM OF UNDERSTANDING WITH NAPLES BMX, INC. TO AUTHORIZE THE PARTIES TO RENEW THE AGREEMENT USING ONE- YEAR TERMS – TO CONTINUE OPERATING THE WHEELS SKATE AND BMX PARK Item #16D8 THE FIRST AMENDMENT TO THE AGREEMENT WITH COLLIER HEALTH SERVICES, INC. (CHSI) TO PARTICIPATE May 22, 2018 Page 164 IN THE MEDICAID LOW INCOME POOL (LIP) PROGRAM TO CLARIFY THE BILLING AND PAYMENT PROCESS – CLARIFYING THAT CHSI WILL VOLUNTARILY MAKE PAYMENTS FROM THE TOTAL FUNDS BENEFITTING LOW- INCOME PERSONS IN THE AMOUNT OF $125,000 FOR ELIGIBLE SERVICES MANAGED AND APPROVED BY COUNTY STAFF Item #16E1 SECOND AMENDMENT TO CONTRACT #08-5009 WITH HYLAND SOFTWARE, INC. FOR CONTINUED SUPPORT OF THE EXISTING SIRE ENTERPRISE CONTENT MANAGEMENT (ECM) SYSTEM – PROVIDES AN EXEMPTION FROM THE COMPETITIVE PROCESS WHERE A LACK OF SYSTEM COMPATIBILITY OR THE EXISTING PROPRIETARY NATURE OF A CURRENT SYSTEM RESULTS IN A LACK OF AVAILABLE COMPETITION Item #16E2 APPROVAL OF THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – NO SALES OF NON-ASSET SURPLUS EQUIPMENT, ONE TRADE-IN VALUE OF $3,500 FOR NEW EQUIPMENT, ONE RELATED IRMA ASSET DESTROYED WITH A BOOK VALUE OF $56,542.64 AND DONATED ITEMS VALUED AT $443.74 Item #16E3 May 22, 2018 Page 165 APPROVAL OF ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – FOR NINE (9) CHANGE ORDERS MODIFYING CONTRACTS BY -$77,101.88 (ADDING 325 BUSINESS DAYS TO COMPLETION PERIOD), ZERO AMENDMENTS AND THREE AFTER THE FACT MEMOS WITH A FISCAL IMPACT OF $2,126.16 Item #16E4 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON JUNE 23, 2018; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES Item #16E5 DIRECT STAFF TO WORK WITH AVE MARIA DEVELOPMENT, LLLP AND THE IMMOKALEE FIRE DISTRICT WITH RESPECT TO THE TRANSFER OF FOUR ACRES OF LAND AS NOW REQUIRED BY RESOLUTION 14- 220, FOR PUBLIC SAFETY AND GENERAL GOVERNMENT USE, INCLUDING DIRECTING STAFF TO NEGOTIATE A LONG TERM LEASE WITH THE IMMOKALEE FIRE DISTRICT FOR USE OF THE PROPERTY AS A PUBLIC SAFETY CENTER May 22, 2018 Page 166 – PROVIDING ADEQUATE EMS AND FIRE SERVICES Item #16E6 INCREASING THE PURCHASE ORDER TO CDR MAGUIRE, INC. UNDER RFP #17-7116 DISASTER RECOVERY CONSULTING SERVICES BY $1,442,700 FOR CONTINUING SUPPORT IN DEVELOPING AND PREPARING PROJECT WORKSHEETS FOR FEMA REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH HURRICANE IRMA AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. THIS EXPENDITURE IS ELIGIBLE FOR FEMA REIMBURSEMENT (AT A MINIMUM OF 75%) Item #16F1 RESOLUTION 2018-90: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET – FOR BUDGET AMENDMENTS: #18-380 (TRANSPORTATION DISADVANTAGED GRANT), #18-409 (PROPERTY AND CASUALTY) AND #18-422 (CAT GRANT) Item #16G1 APPROVAL OF A T-HANGAR LEASE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND THE CIVIL AIR PATROL – PROVIDING STORAGE OF AN AIRCRAFT AT THE MARCO ISLAND EXECUTIVE AIRPORT DUE TO HANGAR DAMAGE CAUSED BY HURRICANE IRMA May 22, 2018 Page 167 Item #16G2 RESOLUTION 2018-91: AUTHORIZING EXECUTION OF JOINT PARTICIPATION AGREEMENT CONTRACT NO. G0V81 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR $51,045 FOR THE PURCHASE OF A NEW REFUELING TRUCK AT THE IMMOKALEE REGIONAL AIRPORT. (FISCAL IMPACT: $51,045 FDOT, $64,955 COUNTY Item #16J1 EXECUTION OF A BUDGET AMENDMENT FROM 911 EMERGENCY PHONE SYSTEM FUND (611) RESERVES IN THE AMOUNT OF $87,500 FOR COMMUNICATIONS CONTRACTUAL SERVICES AND LICENSING (9-1-1) – FOR A NEWSCI COGNITIVE INSIGHTS PLATFORM THAT WILL PRO-ACTIVELY ASSIST THE COLLIER COUNTY 9-1-1 SYSTEM WITH ANALYZING AUDIO 9-1-1 CALL DATA RECEIVED BY CCSO) Item #16J2 APPROVAL FOR USE OF $500 FROM THE CONFISCATED TRUST FUND (602) RESERVES TO SUPPORT THE FLORIDA SHERIFFS YOUTH RANCHES Item #16J3 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR May 22, 2018 Page 168 WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN APRIL 26 AND MAY 9, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J4 BOARD’S APPROVAL AND DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MAY 16, 2018 Item #16K1 RESOLUTION 2018-92: APPOINTING DWIGHT OAKLEY TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Item #16K2 RESOLUTION 2018-93: RE-APPOINTING MICHAEL J. CARR TO THE HOUSING FINANCE AUTHORITY WITH TERM EXPIRING ON SEPTEMBER 11, 2022 Item #17A RESOLUTION 2018-94: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET – FOR BUDGET AMENDMENTS: #18-362 (HOUSING GRANTS), #18-373 (GROWTH MANAGEMENT MATCH), #18- 381 (TRANSPORTATION DISADVANTAGED MATCH), #18-405 (CONSERVATION COLLIER ACQUISTIONS) AND #18-421 May 22, 2018 Page 169 (PARKS CAPITOL) Item #17B ORDINANCE 2018-26: AMENDING ORDINANCE NO. 97-8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, TO CLARIFY THE REQUIREMENTS FOR THE REGISTRATION AND RE-REGISTRATION OF ALARM SYSTEMS AND THE RESPONSIBILITY FOR LATE FEES. (SHERIFF’S REQUEST) Item #17C - Moved to Item #9D (Per Agenda Change Sheet) ***** May 22, 2018 Page 170 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:33 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ ANDY SOLIS, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK __________________________ These minutes approved by the Board on _______________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.