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Agenda 11/13/2018 Item # 2C11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: October 23, 2018 - BCC/Regular Meeting Minutes Meeting Date: 11/13/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 11/06/2018 10:47 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 11/06/2018 10:47 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 11/06/2018 10:47 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 2.C Packet Pg. 18 October 23, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 23, 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: Andrew Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Scott Teach, County Attorney’s Office Crystal Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations October 23, 2018 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Good morning, everyone. Thank you for joining us for the Tuesday, October 23rd, 2018, Board of County Commissioners meeting. We'll begin today with the invocation by Reverend Dr. Bob Scudieri from Peace Lutheran Church. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND SCUDIERI: Thank you. Please rise. Isaiah, Chapter 25, Verse 1: Lord, you are my God. I will exalt and praise your name, for in perfect faithfulness. You have done wonderful things, things planned long ago. Let us pray. Lord God, we've heard it said, man proposes but God disposes. We come before you now knowing and affirming that because of your love for us, you always plan good for your people. As Diane Ebert retires from our county's Planning Commission, we pray for your continued blessing on her. We give thanks for the distinguished service given to us through Dan, Michele, Leslie, and Kevin. May the plans they have made all come to fruition and be pleasing to you. Bless the plans of those who work to bring healing from diabetes, especially Joe; make them patient and give them faith and courage to fight this dread disease; be with those who lead the plans to keep infants -- keep our infants safe; give them your blessing and an awareness of our thankfulness for their efforts. We pray that you'll be in all the plans we make at this October 23, 2018 Page 3 commissioners meeting; may they reflect your concerns for the less privileged, for the hurting, for those whose plans have evaporated and find themselves lost; send to this place at this hour your spirit of wisdom and love to guide our leaders, to bring your people to a place of greater joy, greater prosperity, greater faithfulness, and greater thanksgiving. In your name and for your sake, for your plans, we pray. Amen. CHAIRMAN SOLIS: Commissioner Fiala, would you lead us in the Pledge. COMMISSIONER FIALA: I certainly will. I'm just checking to see everybody's got their hats off. Would you put your hands over heart and say with me... (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 MR. OCHS: Good morning, Commissioners. These are the proposed changes for the Board of County Commissioners meeting of October 23rd, 2018. The first proposed change is to withdraw Item 16K8 from the County Attorney's consent agenda at the County Attorney's request, and this had to do with a proposed stipulated final judgment and settlement in a road widening acquisition for Golden Gate Boulevard. That has not been consummated, so the attorneys asked for that to be withdrawn. The next proposed change is to move Item 9B from your October 23, 2018 Page 4 advertised public hearing regular agenda to become Item 17G on your summary agenda. The reason for this is that the staff has withdrawn its request for an interconnection to be placed on this PUD master plan and is, therefore, recommending approval of the petition as forwarded by the Planning Commission. That was the only difference and the only reason why that item was placed on the regular agenda as opposed to the summary agenda. There are no other objections that have been registered and, as such, the item would qualify to be placed on your summary agenda and would become, as I mentioned, Item 17G. That move is made at your staff's request. We have a number of time-certain hearings and related items to be heard together today. The first item, 11E, that will be heard in conjunction with Item 9A. So we will hear those two together. At 10 a.m. you have a time-certain hearing on Item 11D. This is the update from the staff on the sea level rise program. At 11 a.m. you have a time-certain hearing on Item 11A. That's the presentation of your state and federal legislative priorities for 2019. And, finally, at 1 p.m., you have a time-certain hearing on Item 11F. This is a staff recommendation to approve some preliminary engineering work related to the potential dredging of the Water Turkey Bay Channel, and that was an item that the Board had directed come back as a result of a public petition a few months ago. And those are all the changes that I have, Commissioners. CHAIRMAN SOLIS: Mr. Manager, just to make sure the record's clear, 17D, E, and F, are those being -- should those also be shown as withdrawn? MR. OCHS: They're actually -- they're actually in the advertised indexes items that will not be heard at this meeting and will be readvertised at a later date. Those are all part of the published agenda. So, yes, you won't hear any of those today. October 23, 2018 Page 5 COMMISSIONER FIALA: Give them the numbers again, please. MR. OCHS: That's your summary agenda, Commissioner. Item 17D, 17E, and 17F. You're welcome. County Attorney? CHAIRMAN SOLIS: County Attorney, any changes? MR. TEACH: No changes. CHAIRMAN SOLIS: So now we'll get to disclosures. COMMISSIONER McDANIEL: Go down there on that end, if you would please, Mr. Chair. CHAIRMAN SOLIS: Okay. We'll start with Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. On the item dealing with the -- that was placed on the consent agenda from the regular agenda, the rezone, I'm assuming there are no speakers here in the audience to talk about that. There's no one to -- MR. MILLER: I have no speakers registered for that item, sir. COMMISSIONER SAUNDERS: I want to thank staff for their reconsideration of that and taking a look at that interconnect requirement. That was the right move, and I appreciate you doing that. MR. CASALANGUIDA: Yes. COMMISSIONER SAUNDERS: I don't have any changes, Mr. Chairman. CHAIRMAN SOLIS: Any disclosures or ex parte on the consent or summary? COMMISSIONER SAUNDERS: I do now, since that item was moved to the consent agenda. I did meet with the petitioner and their attorney, and that's my only disclosure. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: No changes -- no changes to the agenda, and 9B, which has now been moved to the summary agenda, I October 23, 2018 Page 6 had meetings and emails yesterday, in fact, with Mr. Yovanovich. CHAIRMAN SOLIS: 9A. COMMISSIONER TAYLOR: I've got 9B here. MR. OCHS: Yes. It was 9B. Now 17G. CHAIRMAN SOLIS: Oh, it's B. I'm sorry. COMMISSIONER TAYLOR: It's moved to the summary. Okay. So let's make sure. It's been moved. It was -- it's on this agenda. It's 9B. It's been moved to the summary. Yesterday was a meeting with Mr. Yovanovich, Mr. Ciesielski, Mr. Greenberg, and Mr. Arnold, and then nothing -- just emails on 17A and emails on 17B. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you very much. I have no additions, no corrections to the agenda entirely, and the only one I have to disclose is 9B also, and I had a meeting with Don Ciesielski, I guess you say his name, and Wayne Arnold, and I also had a staff report, and they were discussing the residents in the surrounding area. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning. Thank you for indulging me earlier. I was having a little technical difficulties. But I have no changes or disclosures except for what's now 17G, and I did have meetings and correspondence with regard to that. CHAIRMAN SOLIS: I have no changes. I do -- on 17G, which was 9B, I've got to disclose meetings with Mr. Yovanovich, Mr. Ciesielski, Michael Greenberg, Wayne Arnold, and some emails and calls from Mr. Yovanovich. I believe we have a public speaker. MR. MILLER: For two consent-agenda items, sir, 16A1 and 16A8, Garrett Beyrent. Would you like him to speak now, sir? CHAIRMAN SOLIS: I'd like to -- maybe we could just have him October 23, 2018 Page 7 make his comments, and we can decide whether or not we want to remove those -- pull those from the consent agenda; is that acceptable? COMMISSIONER FIALA: Sure. CHAIRMAN SOLIS: Mr. Beyrent? MR. BEYRENT: For the record, I'm Garrett Beyrent. I have two properties that are involved -- these items that are consented to, I didn't consent to either one of them, and they both involve my properties, and that's the reason why I'm objecting. I'd like to have it discussed in my presence when they're going to do anything that has anything -- in one case one of the vacations of an easement, I've got a petition to build a tower site on the property. I need the easement to get to the property, Recreation Lane, okay. The other property is Magnolia Pond, and that's a surface water management water basin issue that's on the consent agenda, and I was never involved at all in that. So I need to be made aware of anything that has an effect on my property. But it's presented as a consent agenda item initially, then I've got to argue it later. So I'd like those two items that I gave Commissioner Solis to be taken off the consent agenda and discussed with staff in my presence. CHAIRMAN SOLIS: Okay. Well, 16A1 is a recommendation to adopt a resolution to hold a public hearing to consider vacating the easement. Can we just -- County Manager, can we make sure that that won't be on a consent agenda so that -- MR. OCHS: Yes, sir. CHAIRMAN SOLIS: -- Mr. Beyrent can come and make his -- MR. BEYRENT: Well, I'd have to watch everything everybody does all the time. CHAIRMAN SOLIS: Well, we'll make sure -- MR. BEYRENT: I'd like just to sit down -- and if you're going to October 23, 2018 Page 8 do something, let me know so I don't have to get up and argue like I'm in court every time I come here. It's ridiculous. It really is. CHAIRMAN SOLIS: We will make sure that you're notified. Mr. Mulhere? MR. MULHERE: Actually, that's my application for vacation. Oh, that's been 20 years maintained by the association. But, look, I'll get with Mr. Beyrent before the public hearing for the actual vacation, we'll find out what the issues are, and see if we can't resolve them. MR. BEYRENT: I trust Bob. CHAIRMAN SOLIS: Is that acceptable? Thank you. And then on 16A8, that's the after-the-fact approval to request an extension of the period of performance for the South Florida Water Management District grant agreement. MR. CASALANGUIDA: It's a project that's under way, sir, and it's just an extension for time performance. And we could certainly meet with Mr. Beyrent and walk through the project. MR. BEYRENT: Definitely, because it's a big chunk of the middle of my property, so I need to talk to somebody. CHAIRMAN SOLIS: Okay. So we'll make sure that there's some communication with staff. MR. BEYRENT: Very good. Thank you very much. I appreciate it. CHAIRMAN SOLIS: So we'll leave those on the consent agenda. Any other questions or comments? COMMISSIONER FIALA: Yes. If we leave them on the consent agenda -- COMMISSIONER McDANIEL: Get up on the mic, please. COMMISSIONER FIALA: Oh, I'm sorry. If we leave them on the consent agenda and approve it but he hasn't talked about us yet -- or talked with us yet, is that a little putting the cart before the October 23, 2018 Page 9 horse? CHAIRMAN SOLIS: Well, not really, because 16A1, we're just adopting a resolution to hold a public hearing on what he wants to talk about. So he'll be able to come back. He just wanted to make sure that this -- whatever the discussion or the approval's going to be later on at the public hearing doesn't end up on a consent-agenda item. So we're going to make sure that doesn't happen for him. COMMISSIONER FIALA: I never heard of a -- heard us doing that before, making some decisions on somebody's property before we've talked to them. So okay. If Mr. Beyrent is okay with that, okay. COMMISSIONER McDANIEL: It's okay. CHAIRMAN SOLIS: I think he's okay with it. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Okay. Is there a -- I'm sorry. Are there any speakers? No speakers. COMMISSIONER TAYLOR: It's just Commissioner Fiala's mic needs to be brought closer. COMMISSIONER FIALA: I can't get it much closer unless I swallow it. CHAIRMAN SOLIS: Very good. Is there a motion to approve the consent agenda and summary agenda? COMMISSIONER FIALA: Motion to approve. CHAIRMAN SOLIS: Is there a second? COMMISSIONER SAUNDERS: 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. October 23, 2018 Page 10 CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Agenda's approved. Item #2B SEPTEMBER 25, 2018 BCC/REGULAR MEETING MINUTES – APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the BCC regular meeting minutes of the meeting of September 25th, 2018. COMMISSIONER McDANIEL: I'll move for approval. COMMISSIONER FIALA: I'll second it. CHAIRMAN SOLIS: Motion and a second to approve the September 25th regular meeting minutes. 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 #3A1 PRESENTATION TO RECOGNIZE AND THANK RETIRING PLANNING COMMISSION MEMBER DIANE K. EBERT FOR EIGHT YEARS OF DEDICATED SERVICE ON THE COLLIER COUNTY PLANNING COMMISSION – PRESENTED October 23, 2018 Page 11 MR. OCHS: Item 3A1 is a presentation to recognize and thank our retiring Planning Commission member, Diane Ebert, for eight years of dedicated service on the Collier County Planning Commission. Diane, if you'd please step forward and receive your proclamation. (Applause.) COMMISSIONER FIALA: It's been a pleasure working with you, Diane. MS. EBERT: I'd like to have my son come up. CHAIRMAN SOLIS: Oh, absolutely. Anybody else? (Applause.) MS. EBERT: Thank you. COMMISSIONER SAUNDERS: And, Mr. Chairman, I just want to make a quick comment. I know Ms. Ebert may want to say a few words. But I want to thank her personally. The Planning Commission really is a difficult position to be on. We all appreciate everything that everybody does for all of our advisory boards. The Planning Commission, though, is one that I think is one of the most important because the appearance of our community, the livability of our community depends in large measure on the decisions by the planning board that are sent up to us. And so I just want to thank you personally for your eight years of service and wish you well in the future as you spend more time with your family and more time doing things you enjoy doing. So thank you. MS. EBERT: Well -- and I want to thank you, Commissioner Saunders, for this honor. I feel honored and blessed that you would do this. And my time on the Planning Commission might be over, but there are a couple more projects I'd like to see come forward in the October 23, 2018 Page 12 county, so you haven't seen the last of me yet. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN SOLIS: Thank you. (Applause.) CHAIRMAN SOLIS: And I would just add that I had the pleasure of serving on the Planning Commission with Ms. Ebert, and it was all the better because she was there. So it was a great experience for me, personally, and I learned a lot from sitting next to her on the Planning Commission. So thank you. Item #4 PROCLAMATIONS: ONE MOTION TAKEN TO ADOPT BOTH PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING NOVEMBER 4, 2018 AS DIABETES AWARENESS DAY IN COLLIER COUNTY. ACCEPTED BY TAMI BALAVAGE, PRESIDENT, HELP A DIABETIC CHILD, INC., DR. DEB SELMAN AND PAUL THEIN – ADOPTED MR. OCHS: Mr. Chairman, we move to today's proclamations.Item 4A is a proclamation designating November 4, 2018, as Diabetes Awareness Day in Collier County. To be accepted by Tami Balavage, president, Help a Diabetic Child, Incorporated; Dr. Deb Selman; and Paul Thein. If you'd please step forward and receive your proclamation. MS. BALAVAGE: Can we bring my husband up, too? CHAIRMAN SOLIS: Yeah, everybody. October 23, 2018 Page 13 MS. BALAVAGE: My name is Tami Balavage. I am the founder of the Help a Diabetic Child Foundation. Our foundation was founded, my husband and I, following the diagnose of our son with Type 1 diabetes. He's insulin dependent for the rest of his life. So with that being said, we are thankful to Commissioner McDaniel and to the entire Board for taking the lead in recognizing this day in November as Diabetes Awareness Day in Collier County. According to the American Diabetes Association, there are about two-and-one-half million people in Florida with diagnosed diabetes, 13 percent of the population, and 5.8 million with prediabetes, which is about 39 percent of the adult population. Diabetes is expensive. The direct and indirect costs of diabetes in Florida is estimated to be 25 billion according to the American Diabetes Association. The American Diabetes states that a person diagnosed with diabetes incurs about $10,000 more each year in medical expenses compared to someone without diabetes. That is sad news. The good news is that diabetes can be effectively managed leading to better health and the avoidance of serious health complications such as kidney disease, heart disease, vision problems, amputations, death can occur with diabetes, but education and public awareness, such as this proclamation, you have so graciously granted will make a difference in our community. Thank you on behalf of all of the community members who will be touched by your wonderful action today. November the 4th we will be hosting, along with Florida SouthWestern State College, Core Health Partners, National Wellness Institute, and several other local organizations, our fourth annual diabetes conference, wellness -- diabetes and wellness at Florida SouthWestern State College. So thank you again. We appreciate the proclamation. Thank you. October 23, 2018 Page 14 COMMISSIONER McDANIEL: Don't go away. If I may, Mr. Chair. One second. (Applause.) COMMISSIONER McDANIEL: I just -- you know, I live by a theory in life that everything happens for a reason, ultimately for the greater good, but all in its own time. And, happenstancely, I was supporting another charity in Fort Myers, a breast cancer awareness charity in Fort Myers, and we had a big Jeep rally event and ended up in one of my friend's Jeeps just -- that's where I was. And here comes Joe and Tami. And we're riding around the ballpark in support of breast cancer awareness and start talking back and forth, and there you are. So how about that? MS. BALAVAGE: Thank you very much. COMMISSIONER McDANIEL: Outstanding. Thank you. MS. BALAVAGE: I want to mention also that the accelerator in Immokalee is part of, and we know you fund them -- correct, Paul? COMMISSIONER McDANIEL: That's correct. MS. BALAVAGE: I just wanted to mention that. COMMISSIONER McDANIEL: That's correct. Thank you again, Ms. Tami. MS. BALAVAGE: Thank you very much. Item #4B PROCLAMATION DESIGNATING OCTOBER 2018 AS SAFE INFANT SLEEP MONTH IN COLLIER COUNTY. ACCEPTED BY STEPHANIE VICK, CINDY WHETSELL, DANNA BREEDEN, PATRICIA HANSEN, PAULA DIGRIGOLI AND SALLY KREUSHER – ADOPTED October 23, 2018 Page 15 MR. OCHS: Item 4B is a proclamation designating October 2018 as Safe Infant Sleep Month in Collier County. To be accepted by Cindy Whetsell, Danna Breeden, Patricia Hansen, Paula DiGrigoli, Dr. Deborah Shephard, and Ryan Lukosavich. (Applause.) MS. BREEDEN: My name is Danna Breeden, and I'm a maternal-child nurse at the Florida Department of Health in Collier County. I'm co-chair of the Safe Sleep Committee with Dr. Diane (sic) Shepherd. We want to thank the county and the commissioners for this proclamation. Each year about 3,500 babies in the U.S. die suddenly and unexpectedly before they reach their first birthday due to sleep-related death. SIDS is the third leading cause of infant mortality in the U.S. behind premature and congenital anomalies. It's the leading cause of death in infants after one month. In Collier County, there have been 45 unsafe sleep deaths since 2000. This year alone we have had two infant deaths that are being investigated for unsafe sleep. One was in an unlocked -- unlicensed childcare home. These tragedies called sudden unexpected infant death often occur during sleep or on the baby's sleep area and include sudden infant death syndrome, accidental suffocation and strangulation in bed, and other deaths from undetermined causes. We have to keep spreading our message, and we thank you for the proclamation and the recognition from the Commissioners. ABC: The baby has to be alone, on the back, in a crib. (Applause.) MR. OCHS: Mr. Chairman, if I could have a motion to approve today's proclamations, please. COMMISSIONER FIALA: Motion to approve today's proclamations. October 23, 2018 Page 16 COMMISSIONER McDANIEL: And I'll 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: That takes us to Item 5 on today's agenda. Item #5A RECOGNITION OF RECIPIENTS OF THE 2018 DISTINGUISHED PUBLIC SERVICE AWARD, PRESENTED BY THE GREATER NAPLES CHAMBER OF COMMERCE ON OCTOBER 10, 2018. THE DISTINGUISHED PUBLIC SERVICE AWARD RECOGNIZES PUBLIC SERVICE PROFESSIONALS WHO HAVE MADE OUTSTANDING CONTRIBUTIONS TO THE SAFETY AND WELL-BEING OF OUR COMMUNITY. THE RECIPIENTS ARE: DAN SUMMERS, COLLIER COUNTY BUREAU OF EMERGENCY SERVICES DIRECTOR; MICHELE WILLIAMSON, COLLIER COUNTY EMS BATTALION CHIEF; LESLIE WEIDENHAMMER, COLLIER COUNTY SHERIFF’S OFFICE LIEUTENANT; AND KEVIN NELMES, GREATER NAPLES FIRE RESCUE DISTRICT LIEUTENANT/PARAMEDIC – PRESENTED Item 5A is a recognition of the recipients of the 2018 Distinguished Public Service Award presented by the Greater Naples October 23, 2018 Page 17 commerce -- excuse me -- Chamber of Commerce on October 10, 2018. The Distinguished Public Service Award recognizes public service professionals who have made outstanding contributions to the safety and well-being of our community. This year's recipients are Dan Summers, Collier County Bureau of Emergency Services director; Michele Williamson, Collier County EMS battalion; Leslie Weidenhammer, Collier County Sheriff's Office lieutenant; and Kevin Nelmes, Greater Naples Fire Rescue District lieutenant and paramedic. If you'd please step forward so we could recognize your service to our community. (Applause.) CHAIRMAN SOLIS: You guys are going to test me here. Wait a minute. MR. OCHS: Commissioner Fiala is accepting on behalf of Kevin Nelmes. And I also want to mention Chief Schuldt from Greater Naples Fire and Rescue District is here this morning as well. COMMISSIONER FIALA: I know I don't look like it, but I'm Kevin Nelmes. He asked me to stand in for him, and so I'm proudly doing that. Thank you. MS. WILLIAMSON: Kevin has never been sweeter. CHAIRMAN SOLIS: We are very fortunate to have these wonderful public servants here. Of course, now I'm going to be very confused, because she's no longer the sarge. She's the lieutenant. Congratulations. Item #5B PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE 2017 FISCAL YEAR FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. THIS AWARD IS PRESENTED TO October 23, 2018 Page 18 THE COLLIER COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOR THE COLLIER COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017. ACCEPTED BY DEREK JOHNSSEN, DIRECTOR OF FINANCE AND ACCOUNTING – PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5B this morning. This is a presentation of the Certificate of Achievement for Excellence in Financial Reporting for the 2017 fiscal year from the Government Finance Officers Association. This award is presented to the Collier County Clerk of the Circuit Court and comptroller for Collier County Comprehensive Annual Financial Report for the fiscal year ended September 30th, 2017. To be accepted this morning by Derek Johnssen, director of finance and accounting for Clerk of the Circuit Court. Derek, congratulations. (Applause.) MR. JOHNSSEN: I'm not supposed to be alone up here. CLERK KINZEL: Staff. CHAIRMAN SOLIS: We might need two lines. CLERK KINZEL: Tall people in the rear. COMMISSIONER TAYLOR: Vertically challenged in the front. COMMISSIONER TAYLOR: Well done. (Applause.) MR. JOHNSSEN: Good morning, Commissioners. Derek Johnssen with the Clerk’s Office. Thank you so much for the recognition. This award is the culmination of an annual closing process that begins in October. The people before you are the ones who really do the heavy lifting on this project, but they're not the only contributors. October 23, 2018 Page 19 I would like to recognize the manager and his departments as well as the other Constitutional Officers for the important role they play in the development of this CAFR. With that said, it's time to get to work on the Fiscal '18 edition. Thank you again for the recognition. (Applause.) CLERK KINZEL: And, Commissioner Solis, just so you know, the staff is always reluctant to come and get recognized, but they work so hard I somewhat force them to be present because they are so reluctant to be recognized for their hard work, so appreciate it. COMMISSIONER FIALA: That's nice. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Mr. Johnssen, when we met yesterday in our pre-meeting, the meeting before the pre -- the meeting, you mentioned -- you were very eloquent in terms of what this really means to the taxpayers of Collier County. What is this award for? MR. JOHNSSEN: Eloquence, ma'am? Are you sure that was me? What this primarily means is in the secondary market when Collier has a debt issue, or what you do frequently -- and, in fact, there's a pre-close today on your TDT bond for the sales tax -- for the stadium financing. The financial markets look at that document. It's the primary method for them to make a decision about the rating of Collier. And, in fact, every year that document has to be filed with the SEC. So it shows the coverage and things that we have on our debt. It's an extremely important document, though it may not be on a lot of coffee tables. COMMISSIONER TAYLOR: And it says that, you know -- MR. JOHNSSEN: Well, the award program, ma'am, is another layer of -- another layer of review on your CAFR. It's more a October 23, 2018 Page 20 completeness issue. Obviously, I think, as we spoke yesterday, the audit opinion is the most important document in your CAFR, but the award program is just a nice wrap to tell you that it's a very consistent document, and it's award winning in its presentation, and it's just really another layer of review. COMMISSIONER FIALA: Penny, ask him what the CAFR is. COMMISSIONER TAYLOR: Okay. And now we need to know what CAFR means. MR. JOHNSSEN: Oh, that acronym. It's the Comprehensive Annual Financial Report. COMMISSIONER McDANIEL: It's not a cowboy. MR. JOHNSSEN: I'll remember to say that in the future all the time. COMMISSIONER TAYLOR: So what it means -- and we've heard it, we've heard it. We always hear it, you know, folks naturally are concerned about what we're doing with their taxes, how we're spending the money, you know. And what this document does is there's someone from the outside looking in on the way we manage our government and the way we're doing it. MR. JOHNSSEN: Truly, ma'am. But, remember, that's the third layer of review. We've looked at it, your external auditors have looked at it, yes, and then other people in the profession have also judged it. COMMISSIONER TAYLOR: Good. Thank you very much. MR. JOHNSSEN: You're very welcome. MR. OCHS: Mr. Chairman, I just wanted to note for the Commissioners, on 5A, the reason that Lieutenant Nelmes was not with us this morning is because he's volunteered to be deployed up to the Panhandle helping hurricane victims recover from Hurricane Michael. So, as usual, he's out there doing what he does best, and we really appreciate it. And thank you, Commissioner, for stepping in. October 23, 2018 Page 21 COMMISSIONER FIALA: Oh, thank you. I'm glad you said it, because I probably should have at the time. Thank you very much, Leo. MR. OCHS: No problem. CHAIRMAN SOLIS: Which reminded me that -- in watching the coverage of the hurricane, you know, I think we should all reflect on how fortunate we really were not to have a 10-foot storm surge. MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: Amen. CHAIRMAN SOLIS: It was devastating. COMMISSIONER McDANIEL: Keep those people in our prayers. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Commissioners, we move now to Item 7 on this morning's agenda, public comments on general topics not on the current or future again. MR. MILLER: I have no registered speakers for this item at this time, Chairman. CHAIRMAN SOLIS: Okay. MR. OCHS: Thank you, Mr. Miller. We move now to Item 9, advertised public hearings. Item #9A – Heard with Item #11E ORDINANCE 2018-52: RECOMMENDATION TO APPROVE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS October 23, 2018 Page 22 OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-36, THE REGAL ACRES RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 184 TO 300; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 23.15+/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE REGAL ACRES RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; ADDING DEVIATIONS; REVISING DEVELOPER COMMITMENTS; BY REMOVING THE DENSITY BONUS AGREEMENT FOR PARCEL A APPROVED IN ORDINANCE NUMBER 2005-36 AS AN ATTACHMENT TO THE ORDINANCE AND BY APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS FOR THE ADDED 23.15 ACRES THAT WILL GENERATE 46 BONUS UNITS FOR LOW OR MODERATE INCOME RESIDENTS. THE PROPERTY IS LOCATED ON THE WEST SIDE OF GREENWAY ROAD EAST OF COLLIER BOULEVARD (C.R. 951), AND NORTH OF U.S. 41, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 59.90+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PL20170001733] – ADOPTED Item 9A, this is an item that requires ex parte disclosure be provided by commission members, and all participants are required to be sworn in. It's a recommendation to approve an ordinance amending Ordinance No. 2005-36 known as the Regal Acres Residential Planned October 23, 2018 Page 23 Unit Development by increasing the permissible number of dwelling units from 184 to 300 and by amending the zoning atlas and changing the zoning classification of an additional 23.15 plus-or-minus acres of land zoned rural agricultural to the Regal Acres RPUD classification. This will be revising development standards, amending the master plan, adding deviations, revising developer commitments, removing the density bonus agreement from Parcel A approved in Ordinance 2005-36, and approving an affordable housing density bonus for the added 23.15 acres that will generate 46 bonus units for low- and moderate-income residents. The property is located on the west side of Greenway Road, east of Collier Boulevard and north of U.S. 41. And, Commissioners, as a reminder, you have a companion agenda item, Item 11E, that will also be heard in conjunction with that item. And I'll read the title of that, Mr. Chairman. Item #11E – Heard with Item #9A RECOMMENDATION TO APPROVE AN AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY AS A COMPANION ITEM TO THE REGAL ACRES PARCEL B PUDZ-PL20170001733 – APPROVED Item 11E is a recommendation to approve an agreement authorizing affordable housing density bonus and imposing covenants and restrictions on real property as a companion item to the Regal Acres Parcel B rezone. CHAIRMAN SOLIS: Good. Ex parte disclosures? Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, absolutely. I have had October 23, 2018 Page 24 meetings and emails regarding this agenda item. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I have a bunch of emails, and I also -- I took it upon myself to go take a look at the property. I wanted to go see what the Regal Acres 1 looks like, you know, how it's taken care of. Then I decided to go see another one of the properties; that's the one in the North Naples area. And then I decided to go see a third property also just to kind of get a good feel for -- I know them pretty well, but -- except for the one out in North Naples. And so I thought I'd take a look again and see how they're being cared for and so forth. I didn't look at the older ones, because I know what those look like, but I wanted to see these. Thank you. And that's it for me. I think I told you that I have emails, lots of emails, and talked with the Planning Commissioners, and I talked with staff, and I attended a neighborhood information meeting, talked with Nick Kouloheras, and mail. Thank you. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: I had telephone calls with Nick Kouloheras, I watched the Planning Commission meeting, the first meeting, in its entirety. I attended the Affordable Housing Advisory subcommittee meetings and committee meetings regarding this; toured the Regal Acres site on Tuesday, October the 16th. I spent a considerable amount of time driving around that community. I went right to the end and looked at the placement of the newer community, paid close attention to the Greenway Road and its ability to transport vehicles. I spoke with various staff members, and I received emails from the constituents for and against the project. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I had meetings with the representatives of the project, reviewed some telephone messages as well as emails. October 23, 2018 Page 25 CHAIRMAN SOLIS: And I, as well, met with Lisa Lefkow and Nick Kouloheras and have received many emails from residents. Shall we swear the witnesses, anyone that's going to testify? MR. OCHS: Please. CHAIRMAN SOLIS: If you're going to speak on this item, please stand and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) MS. DeJOHN: Okay. Good morning, commission members. I'm Laura DeJohn, principal planner with Johnson Engineering, here today on behalf of Habitat for Humanity of Collier County. With me is Nick Kouloheras, the president of Habitat for Humanity. And what I'd like to do is give him a chance to briefly speak on the organization and the goals for this community, and then I'll return for main highlights to briefly go over the rezone request. MR. KOULOHERAS: Good morning, Mr. Chair, Commissioners, how are you? Nick Kouloheras. Just very briefly, on this neighborhood, the Regal Acres Phase B project will be something new and exciting for Habitat. It is more of a clustered home design, single-family, two-story detached homes. And for the first time -- as you all know, Habitat has always catered up to 60 percent area median income. Well, this project we were allowed permission from Habitat International, which is our governing body, to go up to 80 percent to start reaching some of that market-rate housing. So we're very excited about doing that. And at the end of the day, you know, this is a project that's going to house the working families of Collier County. These are homes that will have some deed restrictions in place to keep them affordable for a certain number of years and, you know, these are just the families that we see each and every day. They're the families that work within the school districts, work for Collier County Government, work in the hospitality industry. October 23, 2018 Page 26 So it's a very wide, diverse group of folks that will live in this housing. And it's a very stringent process, and we're very proud of the project that we're about to put in front of you. Thank you. MS. DeJOHN: Okay. What I'll be doing is just getting a few main points on the record for today's presentation and then, of course, we'll be open -- available to answer any questions that you have. First and foremost, I appreciate that there were some who watched or, even if you don't have a chance, you end up seeing the Planning Commission hearings in the hallways. The Planning Commission did vote unanimously in support of this project after we went through a very thorough review. And I would like to ask that the records and materials associated with those Planning Commission meetings of September 6th and September 20th for this item be made part of the record here. As far as the project's concerned, your backup material shows you that the site is a 23.15-acre site surrounded by existing and growing communities with a mix of uses, including single-family and multifamily. I want to point out the property ownership of this site is all five parcels owned by Habitat for Humanity of Collier County. The current zoning is agriculture, and the proposed rezone to Residential Planned Unit Development would be much more compatible and in keeping with the surrounding development pattern. It's important to point out the site is not a preserve, because some neighborhood correspondence or surrounding community members have been told or believe this is a preserve site, but there are no restrictions, no easements, or no functions of preserve on this site. It is zoned agriculture currently. Infrastructure is available and adequate for the project. The access will be through the existing access point along Greenway Road. The Traffic Impact Statement finds that there are no significant October 23, 2018 Page 27 impacts on surrounding roads. As far as other infrastructure, drainage improvements will be consistent with all criteria, sewer and water are available, and the applicant has agreed to a 40-foot by 60-foot dedication to Collier County Utilities for an easement of a wellsite along the north property line shown on the master plan. On the master plan you can see the project meets all open-space requirements, and then a significant effort has been put in just to address buffering. This site, with preserves on the west side, a lake to the north, and preserves that extends to some of the south side of the property, it's substantially separated and buffered from surrounding communities. The site has been designed with careful detail to how that community functions internally and then relates to its external neighbors. Parking has been provided in excess of the county standard, two spaces per dwelling. We're providing three spaces per dwelling. Finally, I want to point out you do have several pieces of correspondence from surrounding property owners, several in favor because of that work that Habitat for Humanity did to be proactive and work with the neighbors to the north at Naples Reserve and the neighbors to the south at Westwind community. The request is consistent with your Growth Management Plan and meets the criteria for rezoning and for PUD approval as we've described here and as shown in your staff report and supported by the Planning Commission's recommendation for approval. We appreciate your consideration, and we are here if you do have any questions more specific to the project or the request. CHAIRMAN SOLIS: Questions from the dais? COMMISSIONER McDANIEL: I have questions, but I'll wait till the speakers, and then if they're not answered, I'll ask them. October 23, 2018 Page 28 COMMISSIONER FIALA: I have one question, if I may. I was really impressed with what I saw yesterday. And one of the things I saw in one of the -- which one? I can't remember which one. But, anyway, they had a special parking area for cars that -- you know, rather than parking all over the lawn, they had it parked there. The front area was also very small. This is going to be -- the driveway's going to be 23 feet, and so you can only fit two cars in there. And there won't be any garages, and I understand why. But I thought, well, we don't want people parking on the lawn. That's one of the biggest complaints you hear. Not two cars on the lawn, but five cars on the lawn. And so -- but I noticed that they manage that very well over at Legacy Lakes, and they also seem to manage it pretty well, not totally, over at the first Regal Acres. And so I'm hoping that you'll put something in place that can accommodate extra cars rather than having them park on the front lawn. That would be -- that would be tremendous, and I think that that will solve a lot of the problems of how the places look. MS. DeJOHN: We agree with that premise, and the cross-sections that are part of the PUD document show exactly how the cars will be accommodated off the street but, of course, there will be curbing to prevent any parking within grass areas. And there is the provision for three spaces for each unit, which is above and beyond most standard communities where two spaces per unit is provided. COMMISSIONER FIALA: How do you get three on there? I don't know. MR. KOULOHERAS: Mr. Chair, if I may. Nick Kouloheras. And thank you, Commissioner. And as you know, I agree with you wholeheartedly. The other things that we've done besides the additional design concepts, which were added at that North Naples property and not the Regal property to the south the first one when he October 23, 2018 Page 29 designed it 12 years ago, we've tightened up the HOA restrictions. Each resident is required to register their vehicle with the HOA and the management company, and we hand out decals. And also with this property, like at Legacy Lakes up in North Naples, the entire community will be professionally maintained by a third party and, therefore, the restrictions and covenants show that. So if you try to move the strategically placed tree that we put there so you can't park on your front lawn, certainly the landscaper's going to notice that if, for some reason, the HOA didn't. And we have the teeth now and the document, if you will, to address those issues so... COMMISSIONER FIALA: I was going to ask you about that again. I notice that the last place, Legacy Lakes, looked very, very neat, and I think that has a lot to do with its appearance, you know, for the outsiders who drive in. Is there anything in your rules that say they can't pave over the lawn? MR. KOULOHERAS: Oh, yes. So not only is there a Collier County Land Development Code regulation on that, but our rules and restrictions have certainly grown as we've matured as an organization over the years. COMMISSIONER FIALA: Good, because, you know, the older ones, they've all paved over their lawns, and they look so bad. And to the people who are going to be living next door to this, I would love to see that taking -- you know, somebody monitoring that, too. I mean, you can put any rule in place, but if people don't adhere to it, it doesn't help at all. MR. KOULOHERAS: Agreed. COMMISSIONER FIALA: So if you have somebody monitoring it, that would help, too, because I think it will give it a better appearance. October 23, 2018 Page 30 MR. KOULOHERAS: Agreed. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Anything else? MS. DeJOHN: No. Were there any other questions? No. CHAIRMAN SOLIS: No. MR. MILLER: Mr. Chairman, at this point I have three registered speakers for this item. Your first speaker is Marilyn Gerenstein. She will be followed by Barry Gerenstein. MS. GERENSTEIN: Good morning. I've been an East Naples resident for 14 years and for the last five years a volunteer with Big Brothers/Big Sisters, which has allowed me to see horrific conditions in Trail Ridge, a Habitat community. I go in there generally on a Saturday or a Sunday, and I see an exorbitant amount of cars, boats on trailers, food trucks parked on driveways, lawns, or weeds, which better describes them, and on sidewalks. Owners have boarders residing in their homes, garages are turned into non-permitted bedrooms without any windows or egress, homes are cluttered with debris, weeds are as tall as some shrubs, and there's no maintenance to homes and, in general, no pride in the community. I have issues with additional affordable housing here in East Naples and not being distributed equally throughout the county. It seems this area is being targeted as the dumping ground for this housing. These residents have jobs throughout the county and have land and -- excuse me -- and commute to other areas. Other areas have the land and the need for these residents. They work all throughout our county. Building in other parts of the county will alleviate traffic congestions and allow residents to get their jobs more easily and less expensively. Thank you for your time. MR. MILLER: Your next speaker is Barry Gerenstein. He will October 23, 2018 Page 31 be followed by Jury Paulson. I want to remind our speakers, please state your name when you come to the microphone. MR. GERENSTEIN: Barry Gerenstein. Good morning, and thank you, Commissioners. Some of you know me. I generally don't say what I write. I've not seen the Habitat community in North Naples, but I've seen all the Habitat communities in East Naples. The conditions are absolutely deplorable. Trail Ridge had a property management company put in approximately two-and-a-half or three years ago. They have had multiple companies. They haven't made it better. They've made it much worse. The conditions are deplorable. Trail Ridge has become a massive boarding house. Garages are bedrooms. Why code compliance doesn't go in and regularly cite these people, I don't know. Paying the property management company is a total joke. I've seen Habitat communities in other parts of the country, and they look like the kind of place we'd like to live. I would not want to live in any of the Habitat communities in East Naples. I'm living here 14 years. I've been involved with my community and the county since then. I did not move to Lehigh Acres. I moved to Naples, and I want to keep Naples Naples. One of the first organizations I contacted in coming here -- and Commissioner Fiala knows me, and I volunteer for a lot of organizations within the community, and I've been active in the community ever since with Habitat for Humanity. I submitted a resumΘ, and I told them I don't want to swing a hammer. If I could represent 40,000 people in New York in the largest utility in the world, I can certainly do some good here. Dr. Durso said he had the perfect job for me, the selection October 23, 2018 Page 32 committee. He told me sometimes hundreds of people will apply for one Habitat house, and he felt I had the expertise to determine by the rule book that they gave me that probably was 300 pages of the national rules that I studied -- and they gave me a really cool golf shirt I was proud to wear -- I learned that none of those rules were followed. I was allowed to go to meetings, drink their coffee, wear their shirt, read the book but not participate. After being totally frustrated for over six months, I went to Dr. Durso and he admitted to me, Habitat in East Naples -- in Collier County, rather, is basically the good ole boy's club, and some day they will need me. I didn't want to wait 20 years till everybody's gone, so I left Habitat. The rules are not followed. The conditions are deplorable. I implore the County Commission allow no more Habitat housing until things get better in this community. Thank you very much. MR. MILLER: Your final speaker on this item is Jury Paulson. MR. PAULSON: Good morning, Commissioners. My name is Jury Paulson. I grew up in Naples. I attended North Naples Middle School the first year it opened. Later I played football at Barron Collier High School. I'm active in our community. I'm currently on the board of the Young Professionals of Naples, and I graduated from the Growing Associates in Naples, class of 2018. I also recently concluded a year of AmeriCorps with Habitat for Humanity of Collier County. For those of you unfamiliar with the program, AmeriCorps members are national volunteers that dedicate a year to building capacity in a nonprofit or municipal government organization. I didn't know a whole lot about Habitat before taking on this role, but I figured this would be a great opportunity to gain experience working in my chosen vocation, public service. My main focus during my time with Habitat was serving Habitat October 23, 2018 Page 33 homeowners through an initiative called Success Measures. I targeted three groups: Homeowners that had either lived in their homes for approximately one year, five years, or 10 years. The goal was to collect data on outcomes and the impact of home ownership for these families over time. Nearly 300 homeowners were surveyed with me and a partner of mine, another AmeriCorps member. I had a very different experience than the previous speakers going through these communities. Throughout the service year, I was welcomed into homes. I spoke with parents and kids, many in Trail Ridge. I experienced firsthand who these people were. I put a face to their stories. I heard what was achieved as the years progressed. We talked finances, education, health, safety, et cetera. I heard some things over and over again. Across the board, things had improved, often exponentially. I was impressed. I quickly realized that offering people the chance to invest in their future through a no-interest mortgage was beneficial not only to the individual but to the collective as well. And with less than 1 percent of Habitat funding coming from the public through Collier County grants, I thought, wow, what an absolute public policy win. As someone that hopes to be a leader in this community some day, I would ask the leaders of today to support the inclusive and sensible solutions offered by Habitat for Humanity of Collier County. Thank you so much for your time. CHAIRMAN SOLIS: Thank you. (Applause.) COMMISSIONER McDANIEL: Can we hire him? Evidence based is where we go. CHAIRMAN SOLIS: Any other speakers? COMMISSIONER McDANIEL: There's been a couple that got handed in. MR. MILLER: Yeah. I just had a gentleman hand in a speaker October 23, 2018 Page 34 slip for this item. Ray Williams. MR. WILLIAMS: Good morning. My name is Ray Williams. I'm a board of director of Westwind Estates which is directly next to Regal Acres project. Back in May they came to us, reached out to us and our community about there development plan. They came in, gave us a beautiful presentation, and we had some concerns. They sat and listened. We went back and forth. They came back to us again in June with a solution to our concerns, which has way exceeded what we were expecting we were going to get. We were expecting to get a fence, and we wound up getting a wall put in. We had a couple other concerns, and they've addressed every one that we as a community couldn't be happier with. Habitat is something that we need to develop. We need this product in our community. We didn't do it when the market crashed to take advantage of cost-wise and everything else. We have to address it now, or we're going to lose a lot of people. There was an article in Coastal Living magazine. The five most expensive beach towns in the country; Naples came in No. 3. So it will just tell you what we're faced against to get people to come work, county employees that don't have to drive two hours to go to work, and such. And that's what I wanted to talk to you and tell you about. CHAIRMAN SOLIS: Thank you. MR. WILLIAMS: Thank you. MR. MILLER: And that is all the speakers we have, sir. CHAIRMAN SOLIS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yeah. Okay. Thank you very much. First of all, it's really interesting what they've said, but it gives you a challenge what to do. As long as -- like, Trail Ridge is bad. I'm October 23, 2018 Page 35 sure you know that, too, and, actually, we know it. So there's an opportunity for you to clean that up, and you have to take hold, and you have to be pretty strict with them to get things back in order. But do it, and it will reflect on you and what you're doing for the community. I think that's important, because that's a lot of the concerns. Being that you've packed in most of your affordable housing into East Naples, we at least would like it to look better, you know. And I think you can do that. I've seen it, you know, with the other couple that I went into yesterday, and they looked good. So I think that would be a challenge for you. I think with this going up to 80 percent, then you will be able to include more, like, county employees, like you said, and things like that, because now they'll be able to -- and with it being better cared for, they would be more inclined, I think, to move into that area, and that's a good thing, too. One of the things that somebody mentioned, is there a way for you to stop concentrating all of your housing in the East Naples area? That's -- you know, I realize it's cheap, and it will stay cheap as long as you concentrate all that stuff. But Mark Strain and I went out and gave a speech to a few groups just recently. And one of the things Mark said, building is crazy in East Naples. He said, everybody's building everything. But I pointed out to him, they're gas stations -- oh, I have to finish this -- gas stations, storage units, and affordable housing. And what with that it's hard for us to draw businesses in and restaurants and so forth. So that's why I mentioned that, you know, we would love to have you cooperate and find other places also. I'm not saying you have to stop, but we have plenty. But I think on the whole you've done a good job. I think you've cleaned it up, and I think you could probably go back and clean up Trail Ridge, too. I know Victoria Falls you've already pulled out of, October 23, 2018 Page 36 but boy that looks terrible. But I know it's not yours anymore. So if you could do that -- and that's just a favor. It's not required on this thing. I'm not putting in a caveat that you have to; nothing at all. But I think we would appreciate it, and others would appreciate it, too. Okay. So I think, as you listen to the speakers, you know, you can take some hints on what you can do to better it. Those are my comments. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you. Nick, if you can, please. I'd like to start off with a question. You mentioned, you or Laura one mentioned about the deed restrictions that travel. Are they reflective of the new 30-year condition that we're putting forward with regard to the income restrictions and affordability, or is it still 15? MR. KOULOHERAS: So this particular community right now has a number of restrictions. First of all, Habitat for Humanity has the right of first refusal, the second part is Habitat for Humanity has a shared appreciation agreement, and the third part is a -- it's not a mortgage, but I call it a silent second mortgage which is protecting the equity. So what those restrictions, essentially, do is that the home does not become equity positive until year 15 to 20 of the mortgage. It's very much front loaded in Habitat's favor so that we can keep these homes affordable. So to answer your question, specifically, sir, 15 years, there's not a written comment that says 15 years is the hard mark date, but I will tell you based off economics, it usually runs between about 15 to 20 years before the tide turns in the homeowner's favor. COMMISSIONER McDANIEL: Maybe this is a question for you, then, Leo, with regard to that. I mean, when we are allowing for October 23, 2018 Page 37 affordable -- and I hate calling it affordable housing, but when we're allowing for those density bonuses, I was under the impression that the new code was going to -- or new projects were going to have that 30-year provision. MR. OCHS: Yes, sir. I'll ask Mr. Giblin to address that for you. MR. KOULOHERAS: Commissioners, I apologize. I understood the question a little bit inaccurately, so Cormac can answer that. COMMISSIONER McDANIEL: I'm sorry, Nick. I might have asked the wrong thing. MR. GIBLIN: Good morning, Commissioners. Cormac Giblin, your housing and grant development manager for the record. This density bonus is being judged and held to the rules that are in place today, which is still a 15-year restriction. In February, the Board directed us to increase that to 30, and we have since done transmittal hearings for Comp Plan amendments to make that happen. We've done an adoption hearing by the Planning Commission thus far, and the LDC amendments are hot on those heels. So as soon as those all go through the entire process, we'll have any new ones coming forward at the 30-year restriction. COMMISSIONER McDANIEL: Thank you. That's where I was looking to go. Thank you. And I've got another question for you, Sir Nicholas. MR. KOULOHERAS: Okay. COMMISSIONER McDANIEL: On percentage of up to 80 percent, what percentage of the entire project is up to that 80 percent, or is the aggregate there? MR. KOULOHERAS: So there is a certain designated number within the affordable housing density bonus agreement that we have to meet; however, with that being said, I will say the majority of this project, just the way trends are going, will be 50 percent and up with most of them being between about 60 to 80 percent. October 23, 2018 Page 38 COMMISSIONER McDANIEL: Okay. And if you would, sometime when we aren't going anywhere or talking about anything, give us a breakdown as to how it actually ended up from a percentage basis, because I know you document all those things and that's -- MR. KOULOHERAS: Absolutely. Be happy to do that. COMMISSIONER McDANIEL: -- a really good thing for us to know as we're trying to develop a housing plan for the entire community and making moves with regard to the availability and housing affordability. MR. KOULOHERAS: Absolutely. COMMISSIONER McDANIEL: My comments are with regard to this, and the speakers that spoke earlier with regard to Habitat at large are discussions you and I have been having since I became a commissioner, and they largely revolve around past indiscretions and lack of your incapacity to enforce deed restrictions or covenants with regard to conditions of home, landscaping, parking, so on and so forth. I would, as Commissioner Fiala has said out loud, I am saying it out loud, I know with your projects, with your communities, you've got that teeth, as you called it earlier, intertwined between the HOA and the deed restrictions and your mortgage documents to allow you to have that teeth. They don't in those old documents, in those old communities, older communities. I don't want to call them old, but ones that have already come before don't really have that. And unless you find a capacity within your existing document and mortgages, they can't force the homeowner who's already under an agreement with them to do anything different than what they already have. I would suggest that you, if you haven't already, review those mortgage documents, find out if you can actually assert that compliance. A large issue that folks have with Habitat is the condition of the home after you go away and the impact that it has onto a October 23, 2018 Page 39 neighborhood. And it's not really -- some of the older communities that Habitat has have issues with regard to condition and the like, but a lot of -- a lot of issues are on spot housing that happens throughout the community, throughout the community. So I highly recommend that you put that initiative forward. You and I've had this discussion in private before. I'm saying it out loud. We're very aware. And if you can, as you're going through, even with ones that you already have documentation to, implement some additional assistance to help the community out. MR. KOULOHERAS: Thank you. And point well taken and very much received. And I'd be happy to follow up with each one of the commission members to tell you the actions and the game plan we've already started to try to put in place to address some of those concerns we've heard. COMMISSIONER McDANIEL: Thank you. MR. KOULOHERAS: Thank you. COMMISSIONER McDANIEL: That's it. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I've been very impressed with what Habitat for Humanity has done over the years. My son Jonathan spends a lot of time working with Habitat. He's one of the kids that swings a hammer when -- I think on a monthly basis. I am concerned a little bit about the testimony today concerning Trail Ridge, and I don't know if there's any effort on your part to take a look at that community and see what you can do to correct any of the deficiencies there, so that's a question first, and then I have another comment, Mr. Chairman. MR. KOULOHERAS: Be happy to answer that question, Commissioner. As of today within the Trail Ridge community, these are the efforts we've taken. And it's not the end of the efforts, but we October 23, 2018 Page 40 have sat down with their HOA, started to -- their HOA and the management company to start going over revisions to the HOA documents that we're trying to help push through. We've recently gone through and have resurfaced all the roadways. We've recently gone through and replaced every single mailbox within the community because they were looking run down. We've gone through, added new landscaping within the medians and between the sidewalk and the road. We've also done -- this year within our operating budget have set aside funds to go back and help assist communities that we realize -- you know, since Lisa and I took the helm of the ship, we've gone back and studied our communities and listened to these comments and realize some of the things we've made mistakes on in the past through planning, through management, whatever it may be. And so those are the steps we've taken specifically at Trail Ridge to date. I'm sorry, there's actually one more. We worked with the county to have a wonderful cleanup day where the county came out with code enforcement, the Sheriff's Department, they made hot dogs, we talked to neighbors and community members, went through every single yard to make sure, if there were any issues, that we tried to start addressing those issues. So we've taken steps, but we're not done yet. COMMISSIONER SAUNDERS: There was some conversation about overgrown weeds and that sort of thing. Is that the sort of thing that you're taking care of? MR. KOULOHERAS: Certainly so, within those communities, it was never the intention to have the irrigation system, the common -- the maintenance by a third party. I mean, Trail Ridge went through the process, I believe, in 2004. And so we're trying to work with the community to address the yard-specific issues. We've actually already hired an engineering firm to look at parking issues to see if we October 23, 2018 Page 41 can do an amendment to the PUD to add those additional parking spots. Those are very costly and major projects that we're trying to work on, but the ones I mentioned were kind of the quick reaction type of stuff that we know we could just do right away. But we are working on some of the other items. So are there weeds in the yards? Yes. There's some yards that aren't yards, to be honest with you, but we're trying to work all those kinks out to the best we can. And, once again, as Commissioner McDaniel said, technically, I mean, they're their own HOA. Habitat for Humanity can come in and say what it wants to say, but without that type of teeth in the documents that we have now, then, they're inviting us in because of the relationship we have with them. You know, there's nothing legally that says we're invited in with the exception of we're their mortgage company, so... COMMISSIONER SAUNDERS: Mr. Chairman, I don't know if we'll get five votes to approve this today, but I'll make a motion to approve it, and then we'll see how that goes. I think, Commissioner Fiala, I think you seem to be pretty satisfied with this particular -- COMMISSIONER FIALA: Yeah. I have a couple more things to say, but I am. COMMISSIONER SAUNDERS: So I'll make the motion to approve. CHAIRMAN SOLIS: There's a motion. Is there a second? COMMISSIONER TAYLOR: Do you want to second it, Commissioner Fiala? COMMISSIONER FIALA: Nope. COMMISSIONER TAYLOR: I'll second it. MR. OCHS: Mr. Chairman, is that for both items, sir, the companion -- COMMISSIONER SAUNDERS: Yes. October 23, 2018 Page 42 MR. OCHS: -- and 9A? CHAIRMAN SOLIS: There's a motion and a second. Further discussion? Commissioner Fiala. COMMISSIONER FIALA: Thank you. So, Nick, thank you again. It's been nice talking to you. It's been nice working with you. I appreciate that. A couple more things. We talked -- Commissioner Saunders talked about Trail Ridge. That is -- that needs a lot of work, as you well know. We pulled out about 10 tons of debris, and we only touched the surface. There's a lot of code violations in there: People building new things out of their house; adding rooms; converting their garages; adding kitchens in the back, and so forth. Our Code Enforcement did nothing about that. They didn't cite them, nothing. Do you want us to go in and cite the people? Would that make it easier for you? I mean, we can ask Code Enforcement to do that. MR. KOULOHERAS: Well, thank you for that, that offer. Right now we're working really close with Code Enforcement to try to help identify the issues and to work together. We're working, actually, in collaboration with Code Enforcement and the Sheriff's Department to see the best way to approach and attack it. I hate to use the word "strategically," but the most strategic to get the best effort. COMMISSIONER FIALA: There's kind of a push right now, because they only have one more year, and then their 15 years are up, right? And so if you go over to Victoria Falls, man, that's bad. I mean, I'm sorry to say it just so plainly, but it's a slum. And I'm afraid that Trail Ridge will go that way unless we catch it, nip it in the bud right now, and get it cleaned up, because the other ones are looking better. And I would like you to do that before our time is up with those people. MR. KOULOHERAS: Certainly. You have my word I'll work as October 23, 2018 Page 43 hard and as fast with your departments and within Habitat, what it has privilege to do, and we're going to -- we're going to attack it, yeah. Like I said, we've already made a decent investment into that community recently, and we're going to continue hitting it hard. COMMISSIONER FIALA: Great, yeah. MR. KOULOHERAS: I understand. CHAIRMAN SOLIS: Thank you. And I would just like to commend Nick and Habitat for the work they did with the adjoining property owners. I mean, to get emails and have speakers come and speak about the willingness to work through the issues, I think, signals a new era in how these things are moving forward. So thank you for doing that. I think that means a lot, obviously, to the adjoining owners. COMMISSIONER FIALA: And they're even building an 8-foot wall, so that's a lot, too. CHAIRMAN SOLIS: Right. I mean, the wall, the way that the preserve is, I think it's a great example as to how a landowner can work with the adjoining property owners to come up with the best fit for everyone, not only the owner. So with that said, there is a -- oh, one other thing. And, Commissioner Fiala, you had said something that -- I didn't mean to interrupt you, but I found it kind of shocking. You mentioned that Mr. Strain was at a speaking engagement and said that the building's going crazy in East Naples. Was that a quote? COMMISSIONER FIALA: Yeah. Well, let me say, well -- CHAIRMAN SOLIS: I find that inappropriate. COMMISSIONER FIALA: Well, that's what he said. CHAIRMAN SOLIS: Okay. COMMISSIONER FIALA: But he was talking -- he was saying -- CHAIRMAN SOLIS: He's our Hearing Examiner. COMMISSIONER FIALA: I know, but he was saying it October 23, 2018 Page 44 enthusiastically. He knows what's been approved already and so forth, and he was saying building is going -- but he was naming the gas stations and the storage units, 13 big three-story storage units are going in, right? And gas stations. We've got a few more coming. Everybody on the north end of town will have to come down here and buy their gasoline. I don't think they're building any up there. And that's what he was referring to. And I just pointed out to him, I said, the thing is, those don't draw businesses. They don't draw restaurants. They don't draw some of the other -- but we don't have any real stores or anything there. And the restaurants have been -- have told us that they wouldn't go into an area where all the poor live because nobody will go out to eat anyway. Well, it's not that there's only poor living here, for goodness sake. And I've tried to say that. I've put it in letters and so forth, but that's what they say. Mark did not say that, by the way. This is what I've heard from restaurants. So we'd love to see somebody come in. And that would give us jobs. Right now -- you know, you don't have many jobs in a storage unit, one or two -- CHAIRMAN SOLIS: Okay. COMMISSIONER FIALA: -- you know, and so -- there's no hiring going on in these places. But thank you for asking that. No, Mark wasn't -- he was just -- he has all the things that are already being -- have been approved. CHAIRMAN SOLIS: Okay. Again, I would just like to commend you on the work you've done with the neighbors. It's -- this is the way it should work, and it makes these kinds of meetings go a little smoother. So there's a motion and a second to approve both 9A and the companion item. All in favor, say aye. October 23, 2018 Page 45 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 unanimous. MR. KOULOHERAS: Thank you. CHAIRMAN SOLIS: Congratulations. MR. KOULOHERAS: Thank you for your time, and I'll look forward to sharing results. Thank you. MR. OCHS: Commissioners, that takes us to our 10 a.m. time-certain hearing. COMMISSIONER McDANIEL: Right on time. MR. OCHS: Yes, sir. Item #11D RECOMMENDATION TO ACCEPT AN UPDATE ON SEA- LEVEL RISE PLANNING ACTIVITIES AND PROVIDE DIRECTION ON FUTURE ACTIONS – MOTION TO ACCEPT THE REPORT – APPROVED This is Item 11D. It's a recommendation to accept an update on sea level rise planning activities and provide direction to staff on future actions. Ms. Amy Patterson, your director of capital project planning, will make the presentation, or begin the presentation. COMMISSIONER McDANIEL: County Manager, can you get an extension for Commissioner Fiala so she can reach her screen. October 23, 2018 Page 46 COMMISSIONER FIALA: He just means an extension to my arms because they're short. MR. OCHS: Yes, ma'am. MS. PATTERSON: Good morning, Commissioners, Amy Patterson, for the record, director of Capital Project Planning. I'm here today to give you an update on our sea level rise planning activities. In light of recent weather events, continuing conversations on the Antarctic ice melts, and a new report from the IPCC, which is the Intergovernmental Panel on Climate Change, related to potential environmental and economic effects of continuing climate change and greenhouse gas emissions, we would like to thank you for this opportunity to provide this update. I'm pleased to be joined by Dr. Savarese from Florida Gulf Coast University, and we'll be co-presenting a brief slide show. As you know, we're in the process of a three-year NOAA grant project. It is being run by Dr. Savarese and Dr. Shang and their esteemed associates from their respective educational entities. We have completed year one and are moving into year two. We have a collaborative working group of end users and have broad support and participation from natural resource managers, local governmental agencies, including some of you, state and federal agencies, and elected officials. In fact, the process and the project is supported by Congressman Rooney. Speaking of congressional support, federal legislative support's essential to this process. Congressman Francis Rooney's a member of the NOAA project end user team, as I just said. He also joined recently the bipartisan climate solutions caucus. He's introduced a House resolution related to sea level rise and flooding specifically related to Florida and the need for protective measures, and he supports the efforts to explore the establishment of a Southwest Florida regional compact similar to that that they have on the east coast, which October 23, 2018 Page 47 Dr. Savarese is going to talk about in just a couple minutes. Locally, we've been working on our Floodplain Management Plan rate of rise. Last year we were in front of you to discuss that. An error in the rate of rise had been identified. This is the only number that is currently adopted for use for Capital Project Planning and other purposes related to sea level rise. We presented numbers to you and, for consistency with the ongoing NOAA study, we are utilizing a rate of 1.5 feet by 2060. It sets a minimum standard for Capital Project Planning. But, for example, the newest weirs for stormwater management purposes are utilizing a level of two feet for sea level rise purposes. So, as I said, this sets a minimum threshold. It's being utilized in transportation projects, and we'll continue to move through the process to adopt this number as part of the Floodplain Management Plan; however, this is a changing and evolving science, so staff continues to monitor the newest information that becomes available. And we are expecting new projections to be published in 2019 after IPCC convenes. And, obviously, we'll be back in front of you for any needed updates or information related to that. This is just a graphic of the various rates of rise. You'll see this in various forms anytime you're looking at sea level rise projections, and you can see the difference looking at the 2015 Floodplain Management Plan, which is -- the number with the error is the green line, and the number that we're proposing to use corrected is the bluish-purple line. So you can see that there's a pretty significant difference between those two. Beach and coastal resilience, my colleague, Mr. McAlpin has been in front of you several times presenting his plan for some major long-term engineering and construction projects to provide higher and wider beaches, enhance dunes and plantings, seawalls and other hardened protective structures, and this effort is being closely October 23, 2018 Page 48 coordinated with the ongoing NOAA study and will be an element that is moved into the future vulnerability assessment and adaptation planning. I'm going to turn it over now to Dr. Savarese. He's going to talk to you about some initiatives going forward with the business community. DR. SAVARESE: Good morning, Commissioners. The NOAA project and, as it enters its second year, is beginning to host a series of forums that bring various groups together, special interest groups, to discuss their relative concerns related to sea level rise and storms. This October and again early in 2019 we'll be hosting a number of business stakeholder workshops. We have two planned for October 29th and 30th, which will involve real estate development professionals, and a second that will involve hotel, health, and education communities. These forums really serve two purposes. The first is to do what I would argue is similar to a SWAN analysis; having these sectors talk about strengths, weakness, opportunities, and threats to their respective sectors of the economy relative to increased storminess and sea level rise. So it gives those stakeholders a chance to talk about their concerns and their worries about the future. Second, those forums are also intended to have those sectors identify their assets, the things of value to that particular business sector, as we move forward into the future. Those concerns will be addressed by the NOAA project. The assets will be mapped on top of the simulations that are being done by the NOAA project to give Collier County a sense as to how those assets will be affected in the future as sea level rise and storms continue to affect us. Early in 2019 we'll have a series of four more focused forums for the four sectors of the business community that you can see up there. October 23, 2018 Page 49 One for agribusiness, one for education and healthcare, one for real estate, and one for tourism. The purpose of these forums in early 2019 is to really get down in the weeds, so to speak, and specifically identify what those assets are as we move forward in the future. And I believe I'm passing it back over to Amy. MS. PATTERSON: The vulnerability assessment is the next step in looking at who, where, and what we need to do. This will set the foundation for our future adaptation planning. And I'm going to stress with these next two things, this one and the next that I speak about, this isn't a Collier County Government initiative alone. This will bring in the cities as stakeholders as well, as well as our other state and federal partners to be sure that we are covering all of the issues and that we have a broad perspective on them. So this is -- the vulnerability assessment, as I said, sets the foundation for the adaptation planning, and we are going to be working on this through the NOAA study process. Adaptation planning, we have an estimated date for solicitation through RFP in the spring of 2019. As I said, we are looking to work directly with our cities on the development of a scope for this planning study. It will build off of the vulnerability assessment. The goal is to utilize the tools and findings from the NOAA study. And it provides strategies related to and not limited to Comprehensive Planning, the Land Development Code, laws and ordinances, infrastructure planning, financial, and economic modeling, but also public input, which it is essential in this process that we get out and we talk with the public about their issues, the business communities about their issues, so that their input can be part of this process. And, lastly, I'm going to turn it back to Dr. Savarese to talk about the South Florida Regional Compact. DR. SAVARESE: Amy and I used to be paired in professional wrestling tagging each other off. October 23, 2018 Page 50 Anyway, the last piece of this is just to let you know that Collier County is actually reaching out to its neighbors to the north. I don't know if you're familiar with the compact process, but the idea is if you bring municipalities and counties together, local government together in these compacts or coalitions, you increase your efficiency, your ability to deal with problems, your competitiveness to qualify for outside funding to support community needs. The Southeast Florida region has a compact that's been going strong now for 10 years. That involves four counties and over 100 municipalities. The Tampa Bay area is now about to enter a compact. And the time is ripe, frankly, for the Southwest Florida community to enter one of these regional compacts. Florida Gulf Coast University hosted a forum in late September, September 27th, to begin a conversation with commissioners, mayors, city and county managers from Charlotte County and Lee County partially hosted by Collier County in what the county is doing here, and there seemed to be a consensus support for moving forward with a particular type of compact. So we hope that as we move forward and as Collier continues to deal with its own vulnerability and adaptation issues, that Collier will serve as a model and will bridge to those counties and municipalities to the north and view this as an integrated region. Thank you. MS. PATTERSON: That concludes our presentation. If you have any questions, Dr. Savarese and I are here to answer. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick question about what is happening out of Tallahassee. Obviously "climate change" and "sea level rise" have been phrases or words that have not come out of Tallahassee for the last six or eight years. Is there anything at all on the horizon coming out of the state legislature or out of state October 23, 2018 Page 51 government dealing with sea level rise and dealing with the issues that counties and cities across the state are dealing with? MS. PATTERSON: As of last legislative session, I am unaware of any; however, we will coordinate with John Mullens to keep our eye on those, as we do every year. Dr. Savarese may have a better handle on what's going on as far as proposed legislation, or maybe not. It's something, obviously, that is changing and particularly with our local congressman signing on to the caucus on climate change and things, maybe that focus is shifting. I really don't have an answer to that. DR. SAVARESE: Yeah. I guess the only thing I would add is I don't -- I don't -- it's hard for me to keep track of what's happening in Tallahassee. It's kind of outside of my job description. But one of the motivations, as Amy just mentioned, for bringing in Congressman Rooney is to let the local community and the state and the federal government realize that this is something that the regional governments are interested in and worried about. And so I hope it sends an encouraging message to the state and the federal government. Having this participation by Francis Rooney and this climate solutions caucus, which now is 90 members strong out of a house of 434 members, is also a positive sign. So I think there's more people within Congress that are paying attention to this. And, frankly, I don't think Collier County or any local region has time to wait for federal and state action and, in many ways, that's why a compact makes sense. That's why this Collier County effort makes sense. It gives this community and communities near us a leg up. COMMISSIONER SAUNDERS: One other comment. And our Collier County legislative delegation will be meeting, I believe, in December; is that correct? And it may be worthwhile to get on their agenda. I'm not suggesting necessarily that you get on the agenda, but to our staff, to get on their agenda to make a presentation similar to this. Obviously, you don't have as much time. And maybe our local October 23, 2018 Page 52 delegation will start picking up on this issue. It's time -- it's past time for the Florida legislature to get involved. MS. PATTERSON: Certainly. DR. SAVARESE: Let's do it. Any way the NOAA project or I can help, just let me know. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I have some concerns with regard to this executive summary at large. On No. 3 -- and it was part of your presentation as well, and the error that was discovered and the correction of the 2060 estimate of 1.5 feet rise has -- have we done any model -- and, by the way, Dr. Savarese, I applaud you for your efforts and what you're doing. I mean, these are all things that we need to be aware of and cognizant of. But have we done any modeling with regard to the finding and the correction that's proposed there with regard to the 2060 rise? Has that been done? MS. PATTERSON: So we made -- we had a lot of work done in advance of proposing that 1.5 feet of rise through modeling and an additional study. It was presented to the Board approximately this time last year. It is also the number that will be utilized as part of the NOAA study, so they're building their model on that as well. The only purpose this number serves right now is to set a baseline for our capital projects to ensure that we're looking at them and doing the proper planning into the future for those things that have an extended useful life. This has no impact on the Land Development Code or any development standards or anything else other than capital projects at this time. COMMISSIONER McDANIEL: Okay. And that's where -- because I don't recall -- I remember you showing us a map and that, but I don't recall it actually being delineated that an error had occurred or they had found an error, and this was the corrected one, so October 23, 2018 Page 53 that was kind of new news to me. On No. 4 of the executive summary, I would just like to say out loud there are a lot of things going on around the world with regard to offshore structures, breakwaters and the like. I know, Mr. McAlpin, you and I have talked about it, but I would like to say it out loud that I would like for us to be utilizing looking into the international community to find out what's been done in other areas. We're not the only one that has a coast that is subject to tidal surge and sea level rise at large. And I want to make sure that we're exploring all alternatives as we move forward. MS. PATTERSON: Mr. McAlpin is committed to looking at all alternatives and all solutions to protect the beaches. COMMISSIONER McDANIEL: I am cautious of the proposition with regard to this executive summary. If you're asking me to agree to allow you to go out for an RFP to spend money to hire a consultant, then I'm not in favor of that with regard to No. 7. My actual note that I had when I was reading through here was that this portion of the executive summary I felt was premature. Until Dr. Savarese has completed his study and community outreach, in fact, is done, I'm not interested in going out to spend any of our money with regard to that planning effort. MS. PATTERSON: There is no funding currently identified for the RFP. Our intent it to work through a scope and then return to the Board and advise you of our plan forward including any associated costs. COMMISSIONER McDANIEL: Okay. Just so you know where I'm -- MS. PATTERSON: Understand. COMMISSIONER McDANIEL: -- sitting on this. MS. PATTERSON: Certainly. COMMISSIONER McDANIEL: And then the last, with regard October 23, 2018 Page 54 to the compact -- and this is something Dr. Savarese -- I really would suggest that before we go out and form another bureaucracy, a coalition, I've actually been talking to the executive director of our planning council, RPC, for two years and asked to put together a consortium of elected officials up and down the west coast of Florida. We all have similar circumstances with regard to sea level rise, beach renourishment, beach resiliency, and the like, and I would recommend that before we jump out and form another compact, that we explore the RPC, the Regional Planning Council, forgive me for the acronym. Mr. Chairman, we live in an acronym-free zone, correct? CHAIRMAN SOLIS: AFZ. COMMISSIONER McDANIEL: AFZ. COMMISSIONER FIALA: Good one. COMMISSIONER McDANIEL: So with that in mind, I highly recommend before we and -- we can use the other compacts that are already in existence as a model, but we've got an organization that we're already contributing tax dollars to for its support and information, and bringing that organization -- it has been moved largely to an information organization. There's no approvals that are coming through. We are regionally planning what's going on in growth and development throughout all of Southwest Florida. So before -- and I know that compact was a portion of your -- of what you got to talk about, but I would highly recommend that we explore the RPC before we jump onto another one. DR. SAVARESE: Yeah. There's no presumption of how this compact might be arranged or organized. It's really just the start of a conversation. In some ways, the most important step was to have buy-in from the other counties and the other municipalities outside of Collier County, and at least the forum that was hosted on September 27th, I think, provided an answer to that first step. There's an interest there. How the compact takes size or shape is entirely up to the group October 23, 2018 Page 55 that's going to be affected by it, so... I would also say that the Regional Planning Council in Southeast Florida was essentially the group that crafted the compact in Southeast Florida. So there's a history of regional planning councils being involved. COMMISSIONER McDANIEL: I've had conversations with the mayor of Sarasota and county managers of Sarasota and Lee and Charlotte County about the commonality of our beach-renourishment and beach-resiliency issues, had discussion, and there are some blockades, just to say the truth with regard to it, Sunshine Law, and having to have advertised meetings for us to get together and have discussions with regard to these commonalities. But I think those things can be worked through with the evolution that the RPC is, in fact, going through. And I'm in absolute support of it. But the suggestion was, before we jump out and form another compact, that we maybe try to utilize that organization as the basis of that. And to hear that the East Coast's RPC, that's how it came together, I think that's a great idea. DR. SAVARESE: Okay. Thanks. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Thanks. Two questions. First of all, does fracking affect the sea level rise in any way? I read someplace -- and I don't know -- it was in the newspaper, actually, they were talking about fracking. And I don't know if that's true or not, but does -- can it affect sea level rise? DR. SAVARESE: Fracking provides access to fossil fuels that would be more expensive to extract in other ways. So the only way that fracking would influence sea level rise would be in the indirect way of using additional cheaper fossil fuels that are burned that are increasing the warming effect on the planet. So, you know, one thing that -- the efforts we've been talking October 23, 2018 Page 56 about here for Collier County, we've been talking about adaptation to changes in climate to sea level rise and storminess. All of those processes are driven by the warming of the planet. So, in effect, an additional step beyond what we're talking about here is to mitigate the effects of climate change and warming by changing our carbon use practices. So to come back to your original question, fracking use produces cheaper sources of fossil fuels, and the burning of those fossil fuels are contributing to the warming of the planet. So in that way, it's an indirect effect. But whether or not -- whether the removal or the fracturing -- I suppose the fracturing of rock, bedrock below the surface, could increase the permeability of that bedrock to saltwater as sea level continues to rise. So there's an -- there's a possible effect there as well. Hopefully that makes sense to you. COMMISSIONER FIALA: Thank you. That helps me, because I couldn't figure out what they were saying. So you helped me to understand a little bit. My second question is, and it's really for Amy, what are we doing here in Collier County? I mean, you talked about how we're all preparing, but could you give us facts? What -- how are we preparing for it? I mean, are we making people build their hotels farther away from the coastal high-hazard zone? MS. PATTERSON: Not at this point, other than your existing regulations and to the extent that they already have those protective measures incorporated in. But directly related to these types of sea level rise initiatives, that's what these planning studies will do. They'll tell us where we're vulnerable and tell us our options for changing that, and there's different ways: Hardening, selective retreat. I mean, there's all different strategies being implemented all over the United States. So those are the things that we need to do is figure out where our weaknesses are, and then what are our options to deal with it. So the October 23, 2018 Page 57 adaptation and vulnerability assessments are a vehicle forward to work with our partners, the City of Naples, City of Marco, City of Everglades, and find our way forward. What we are doing currently is looking at all of our infrastructure projects to see those that have any kind of vulnerability to sea level rise, look at their useful life and see what makes sense to implement as far as protective measures. As I gave the example of the weir; that we've built an accommodation for two feet of rise in our newest weir structures. Those are things that we can do immediately. The others are longer term and require not only study but also public input to see where the community wants to go. COMMISSIONER FIALA: So if I were wealthy enough to build myself a $10 million home on the Gulf of Mexico, is there some kind of a pamphlet that tells me I have to build two feet back or something like that so that at least you can give people the suggestion, as long as they're building something new, to build in a safer location, even if it's just a couple feet? MS. PATTERSON: We do not have tools like that to provide additional, say, incentivization at this time, but what we do have are our existing codes and laws which are good, as we saw after Irma how well we withstood that type of impact from a very powerful storm. But your suggestion is a good one. For the purpose of educating the public, for us to work on those types of adaptation strategies is an excellent idea as we work through these processes to be able to offer suggestions to the public should they want to do a little bit more. And I am sure that our staff in the Building Department and those areas of North Horseshoe obviously can provide input on those things now. But to provide educational material would be excellent. Actually, we'll write that down as something that we can look at as part of these processes. COMMISSIONER FIALA: Good. As soon as I have my first 10 October 23, 2018 Page 58 million, I'll contact you for a list. MS. PATTERSON: Okay. Excellent. DR. SAVARESE: Commissioner Fiala, could I give you an example of -- in an answer to your first question about tangible results of the work? COMMISSIONER FIALA: Yes. DR. SAVARESE: So here's a good one, and it's one that I believe I voiced here to the Board last year when Gary McAlpin was here talking about the dune and beach partial-penny-tax improvement. You want to know where to invest dollars in fortifying dunes, right? The dunes are protecting everything inboard of those dunes: The businesses, properties, the infrastructure of the city behind it, and you're trying to decide where to fortify the dunes, where to make them taller, where to make them girthier. The way this process works is the NOAA study will tell the county and the city where the vulnerable dunes are. Where are the dunes most likely to be harmed in a future storm with the exacerbating effects of sea level rise? That vulnerability study then allows an adaptation planner, presumably Gary McAlpin would be part of that adaptation planning team, to develop a plan for where to invest those dollars to fortify the dunes. And then, of course, the last step is implementing those plans, actually investing the dollars into improving the dunes where the dune fortification is needed. So it's a complicated process, but it's intended to be an efficient process so that hopefully dollars are spent in the most efficient way, and it's also a community-engaged process to make sure that, you know, the people that are living behind the dunes know what's going on and they recognize -- COMMISSIONER FIALA: Thank you. DR. SAVARESE: And, again, the applications of this kind of process are enumerable. There's a thousand ways in which this October 23, 2018 Page 59 vulnerability to adaptation will hopefully help the county. So thanks. CHAIRMAN SOLIS: Is that all? COMMISSIONER FIALA: That's it, yes. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Just briefly. In 2014 I was elected to the County Commission, and at that time we didn't talk about sea level rise. And this most extraordinary gift we get, which was a grant from NOAA -- and the gift came from the scientists who decided to look at Collier County, only Collier County, in a granular way. They could have chosen any other county. They chose us. And there's a million dollars with two scientists studying Collier County for three years. And so I think we're very, very lucky to have this. I think this is going to be a prototype for other counties, and I'd like to make a motion to accept this report as noted on our agenda. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? (No response.) CHAIRMAN SOLIS: 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 accepted. Thank you very much for a great presentation. COMMISSIONER FIALA: Good presentation. CHAIRMAN SOLIS: And now we need a quick break for our October 23, 2018 Page 60 court reporter. So we will return at 10:55. MR. OCHS: Just to remind the Board we have an 11 o'clock time-certain, so you want to take 15, or do you want to come back and try to jam -- CHAIRMAN SOLIS: Well, we'll just come back at 11. That's fine. Unless we're going to squeeze something in. We'll be back at 11 o'clock. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Thank you very much. Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: We're onto 11A, our time-certain. Item #11A RECOMMENDATION TO APPROVE PROPOSED COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2019 – MOTION TO ADOPT ALL RESOLUTIONS AND INCLUDE WATER PROJECTS AND MENTAL HEALTH PROJECTS – ADOPTED: RESOLUTION 2018-193: CITY OF NAPLES/NAPLES BAY RED TIDE SEPTIC TANK – ADOPTED; RESOLUTION 2018-194: EVERGLADES CITY/WASTEWATER BYPASS PLANT – ADOPTED; RESOLUTION 2018-195: SWFREC/UF/IFAS/ EDUCATION CENTER – ADOPTED MR. OCHS: This is our time-certain, 11 a.m. time-certain hearing. It's a recommendation to approve the proposed Collier County state and federal legislative and administrative priorities for 2019 and to adopt the attached resolutions thereof. Mr. John Mullins, your government affairs manager, will make October 23, 2018 Page 61 the presentation. MR. MULLINS: Good morning, Commissioners. For the record, John Mullins, government affairs manager. And it's that time of year again when you consider the legislative and administrative priorities for the next cycle. But before we get to that document, we're honored to have our federal and state lobbying teams represented here today to talk about their prospective political landscapes and the shape of things to come. That will be followed by a quick review of the sections of the priorities document, reserving the bulk of the time for your questions. Now, first up, we have our state lobbyist. And I know you're used to seeing Lisa here for this. She successfully name dropped her way out of this morning's presentation. That name was Bill Gates. So just FYI, it was a valid excuse. But we're pleased to have her colleague, Tom Griffin who, himself, has a strong appropriations background and was formally chief of staff for Senator Rob Bradley, who is the current senate appropriations chair and, given some of the things that we have on our priorities list this year, my new favorite legislator. So Tom will come and give the state perspective. Tom. MR. GRIFFIN: Good morning. Tom Griffin with Smith, Bryan, and Myers. And thank you-all for letting me fill in for Lisa today. She's sorry to miss you today. And would love to give you just a brief update, a high-level update on what's going on in Tallahassee as we approach November 6th in particular and take any questions that you may have. As you know, we are two weeks out from our November 6th election date where we will see a new governor in office. In addition to that, the four cabinet positions are also up for election. The governor's race currently, as you well know, is very tight October 23, 2018 Page 62 between Andrew Gillum and Ron DeSantis. We are watching that closely and expect to, obviously, have a result on November 6th. Either way, we will see a significant transition within the administration. We should expect to see high-level staffing changes regardless of whether the Republican or the Democrat is elected. And so we will keep you apprised of those changes as they relate to the county and affect the county, and we're prepared for that as they transition out. We also expect, potentially, to see some of the other cabinet positions flip. It's currently Republican controlled, but there is the potential that we could see some party shift in any number of those races in particular, too, that are probably particularly close and could potentially flip to a Democratic seat. We also will see a change in House and Senate leadership. We'll see new presiding officers come in. President Galvano will come in for a two-year term in the Senate, and Speaker Oliva in the House, and so we should see their priority positions flesh out in the coming months. We do expect to see them revisit the Marjory Stoneman Douglas bill. We expect then to deal with matters related to Medicare marijuana, obviously dealing with relief efforts having to do with Hurricane Michael as well as significant reforms to the healthcare industry. We have also heard both chambers discuss ways to mitigate both red tide as well as blue/green algae issues that you-all know the state faces currently. We have an organizational session scheduled for November 2nd. Galvano and -- so president -- Designate Galvano and Speaker Designate Oliva will formally take over their positions. We expect to see good cooperation at least going into this legislative session between the two chambers. They have both signaled that they intend to dial down rhetoric and dial up cooperation between the chambers. October 23, 2018 Page 63 And so we hope to see that continue. The state is projected to have a modest $233 million surplus next year when they begin to build their budget. Obviously, relief efforts related to Michael will significantly impact that, and we will have a better sense of how that impacts the surplus as we move forward into this legislative session. Finally, with regard to local government issues, obviously the last two years we've seen significant animosity towards local governments. We expect to see much of that dialed down. While we had a particularly difficult two years under previous leadership, our hope is that under the incoming leadership in the House and the Senate that we don't see quite the level of animosity that local governments have seen over the last two years. Finally, with regard to your local delegation, you'll have many returning, obviously. Representatives Rommel and Donalds, as well as Senator Passidomo as, you know, Carlos Trujillo's seat is up for replacement, and that -- his likely replacement will be Anna Maria Rodriguez. So we will continue to keep you updated on that. And that concludes my presentation, if there are any questions. CHAIRMAN SOLIS: Questions? (No response.) CHAIRMAN SOLIS: Commissioner -- COMMISSIONER TAYLOR: It's not working. There it is. CHAIRMAN SOLIS: Oh, there it is. Commissioner Saunders. COMMISSIONER SAUNDERS: I'm not sure if this is a question or just kind of a thought I could get your thought on. We always talk about there's going to be a surplus. I think you said a surplus of a couple hundred million dollars. I don't know why anybody uses the term "surplus." Isn't that just a little bit more money than we had last year? But it's not really a surplus when you look at the needs of the state. October 23, 2018 Page 64 I'm wondering why they use that term as opposed to just simply saying we're going to have a little bit more money this year than we had last year. MR. GRIFFIN: Sure. Yeah, I think that's, you know, obviously, where they enter into with budget negotiations. And as you mentioned, there are significant needs that the state has. In particular, you know, this year now having had the hurricane and the relief efforts that will come from that. We'll just have to see, you know, where that additional money for this year goes. COMMISSIONER SAUNDERS: Well, hopefully some of it will come here. That will be your job. MR. GRIFFIN: Yes, sir. CHAIRMAN SOLIS: Any other questions? (No response.) CHAIRMAN SOLIS: Thank you. MR. GRIFFIN: Thank you. CHAIRMAN SOLIS: Please tell my friend Matt Bryant I said hello. MR. MULLINS: My wife's definition of surplus is when I exceed what is necessary to pay the bills at the end of the month. She declares a surplus and then appropriates it to herself. If we're going to make a definition, that's probably what we should follow. COMMISSIONER McDANIEL: Pass that on to Tallahassee. MR. MULLINS: Will do. Next up, you-all should know our dynamic duo from D.C., Amanda Wood and Omar Franco. You don't find a better tag team and issue wrestling at the federal level. Their legislative and administrative prowess provided us several victories in the last cycle, and they can talk about those accomplishments and their thoughts for the upcoming year. Amanda and Omar. October 23, 2018 Page 65 MS. WOOD: Thank you, John. Again, for the record, I'm Amanda Wood from Pecker & Poliakoff. MR. FRANCO: And Omar Franco. MS. WOOD: So this is an important day for us because you give us our marching orders for the next year. And based on your direction last year, we really pursued a number of projects. And we're thrilled that we had some nice accomplishments for you, including the $13 million for Immokalee through the U.S. DOT TIGER program, which we've been working on for years. And we're just so thrilled to really get it over the finish line this year. And then also, I think for about the past dozen years I've been working on federalizing your beach project. So the fact that we were able to get past the authorization state and get that first $3 million for the study was a huge success in our view. And we had a really nice FEMA win recently, too. MR. FRANCO: Yeah. We finally got the FEMA de-obligation, the three-year limitation, so now they can't audit you like they could interminably before. There was literally no end. I mean, Katrina hasn't even closed out. So now, once the project is closed, moving forward, three years. So that was a huge win. And I want to commend the county, really, for their leadership and putting it on their agenda, because that's what allowed us to go to the League of Cities and NACo and other folks to really make it a priority for them as well. So thank you. MS. WOOD: So we're all sort of holding our breath, like you are, for November 6th. And once we get past election day, there will be a lame-duck section in D.C. for about a month. There are some really important things that need to be tackled during that time. One is the appropriations bills. We have seven out of the 12 that still need to be passed. And a lot of you-all's priorities in terms of major funding streams are included in those. October 23, 2018 Page 66 Also, we need to get a permanent NFIP reauthorization. I think there's been some nice progress in D.C. on things like FEMA remapping. So we've been working towards that, but we do need a permanent solution for NFIP, and these continued storms. MR. OCHS: What is the acronym? MS. WOOD: I'm sorry. National Flood Insurance program. Thank you for pointing that out. So we're, you know, working with the delegation to try to get a permanent solution for that. And as we worked to develop this draft federal agenda that you-all will approve, along with John and other staff and department heads, we've really tried to find ways where there's a real federal nexus, so things that are a priority for you where we think that Congress and the administration sort of share your goals. So some of the areas where we see potentially a good deal of movement are on water infrastructure and water quality. You-all certainly have some significant needs in that area, so we think that there will be resources for that in the coming year. There's a lot of attention being paid to freight movement when it comes to infrastructure. So we're working to frame some of your infrastructure needs with a sort freight focus so that we'll be as competitive as possible. We want to make sure that beach study happens as quickly as possible so that we can then get to the funding stage for the renourishment, not just the study. And then, again, you know, a lot of attention to FEMA. So we'll be trying to plug away at that, making sure that you-all are getting your reimbursements in a timely manner, making sure that there's continuing funding for mapping and getting rid of that backlog, and then also the National Flood Insurance Program reauthorization. And, you know, we -- several of you came to D.C. in the past year, and we appreciated it so much, and we think it really has made a October 23, 2018 Page 67 difference. So we hope that you'll come back, and we'll put you to work there; we promise. MR. FRANCO: Amanda's covered it all. So, please, any questions you may have. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I was one of the commissioners that did go up to Washington, D.C., back in the spring, and I will tell you that they had a full agenda for us, and we met with all of the key people from Senator Nelson's office, Senator Rubio, all their -- Congressman Francis Rooney, Mario Diaz Balart; we met with all of them. And they were very appreciative of the fact that Collier County Commission sent folks to Washington, D.C. They were very appreciative that we had lobbyists there that knew the issues. And I think it helped having us there. I think it did help move the needle a little bit, but that wouldn't have happened without your efforts. So thank you for what you're doing up there for us. Thank you for coming out. MS. WOOD: Thank you. CHAIRMAN SOLIS: And I would echo that. I went the year before and, right, it takes a team, and they certainly were the right team to have representing us. So job well done. Thank you. COMMISSIONER McDANIEL: And I was the other one that went. And I, again, had the same experience as well. I highly recommend, if you have an opportunity, to go. Working with our lobbyists is -- it was a phenomenal experience, and we really -- I think we did some really, really, really cool things, and -- because, again, it's a process. You have to go, you have to meet, you have to meet with regulators and the like, and it takes time. And that's the hardest part of this job for me as a person is the time that it takes. But it is an investment for our community at large, and I really October 23, 2018 Page 68 appreciate your efforts. MS. WOOD: Thank you. MR. MULLINS: Okay. Onto the priorities document. Now, the slides I'm going to fly through are just an outline of the detailed issues in the document in your packet. And again, interest of time, I just want to display the issues by section and, at the end, let your questions lead the discussion on any particular issue. First up, we have the issues that require statutory change. Now, these require writing or rewriting the law in Tallahassee or Washington and, as of production of this presentation and the priorities document, FEMA de-obligation, as you have heard, was on track for passage in the FAA reauthorization bill. I could have deleted it from this list, but I decided to leave in to chiefly extract one last drop of recognition for our D.C. team, because that was a heavy lift. Next would be the funding request. Now, these are funding streams for programs of importance to Collier County that we want to see fully funded, protected from budget raids, if not enhanced. Now, Plantation Island Waterways and the Spay Collier Mobile Vet Clinic are our county-led state appropriation project requests for 2019. And unless the project changes, which it could, those two appropriations requests will require house bills and local delegation sponsors. Next up are the issues that require administrative action. These issues reside in the state and federal executive agencies. Now, Robert's Ranch and the Mar-Good Cottages require engaging the Secretary of State to protect our placement on ranking lists and protecting their applicable grant line items in the budget. And just to be clear, as mentioned before, the long-awaited shore protection study has now been funded but more action will be necessary to expedite the Army Corps' initiation and completion of the study so we can get to work on October 23, 2018 Page 69 bolstering our beaches. Without the continued prodding, the study could take upwards of to three years to complete. The next section are the resolutions of support. Now, these are actions by the Board to support funding questions from various sources led by some of our partners. Now, adoption of the resolutions in your packet demonstrates that commitment and allows our lobbying teams to advocate on behalf of Collier's interests in these endeavors. And, lastly, our issues to monitor, the issues that we routinely keep tabs on. And this list is not exhaustive. New issues emerge annually by bill, amendment, rule, or other administrative action, and we watch them all. And as I stated, last spring there were over 500 bills on our tracking list last session that could have impacted Collier one way or another. That's about one-third of all general bills filed in 2018. Of the 200 bills that passed the legislature, 56 had some sort of impact or interest to Collier County. So whether it's on this list of usual suspects or not, we'll be watching, especially this last legislative pi±ata. And with that, we're available for any questions and hopefully a motion to approve the 2019 priorities and the adoption of the three resolutions in your packet. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: That was it? Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER FIALA: The emergency helicopter -- and ours is in very, very old shape, and I read about it recently. Is there any request to see if they could help us buy a new helicopter for our medical patients? October 23, 2018 Page 70 MR. OCHS: Commissioner, you already have the funding in your FY '19 budget to go ahead and make that order. COMMISSIONER FIALA: Do you? MR. OCHS: Yes. You've been socking it away for the last five years. COMMISSIONER FIALA: I knew that you started that a while back. MR. OCHS: Yes, ma'am. We finally have enough put away to go ahead and -- COMMISSIONER FIALA: Oh, that's -- hear that, EMS guys? Okay. Thank you. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Before we vote on that motion, because I may ask that we reconsider or not pass that just quite yet. On the funding request, a couple thoughts. One, the mobile animal spay facility, I don't know that -- COMMISSIONER McDANIEL: The what? I'm sorry. The what? COMMISSIONER SAUNDERS: Spay Collier County Rural Mobile Veterinary Clinic. COMMISSIONER McDANIEL: Oh, yes. Okay. COMMISSIONER SAUNDERS: I don't know that I've ever seen an appropriation -- special appropriation for something like that. And it just doesn't sound like something that would grab folks' attention. Maybe you have some better information on that. MR. MULLINS: It's something innovative. And when we met with Public Services and talked to the shelter, it could take some of the burden and relief off of some antiquated facilities. And it may be something -- I did look around for other things that were kind of of a mobile unit type and past appropriations, and there have been a couple things, not specifically for -- October 23, 2018 Page 71 COMMISSIONER SAUNDERS: I did one for Alzheimer's, but that's a little different. MR. MULLINS: Right, right. So this is a little bit different. And I think Steve Carnell's here. He may want to add a couple points to this. But it's something innovative that we thought we might be able to present on their behalf. COMMISSIONER SAUNDERS: I don't want to belabor that. There's no problem asking. I just don't see that as being something that the legislature would grab onto. But it's not -- no problem in asking for it. But what concerns me is that there are no water projects here. Septic to sewer is a big issue. That was a big issue for Governor Scott. The legislature, I think, at one point appropriated it at about $50 million for that. There's likely to be more discussion of septic to sewer because of the algae problems. There's a lot of scientific evidence that seepage from septic tanks is a big cause of the algae issues. So I'd like to see something in there on a request for septic to sewer. MR. MULLINS: And if I could, Commissioner, if you flip to the resolutions of support, you will find two such projects there that we are in partnership with either the City of Naples or the City of Everglades City. So we'll be working those issues together with them. COMMISSIONER SAUNDERS: And the other is simply water projects. I know Collier County's been successful in the past in getting some appropriations. Most communities will get something for water, but unless there's something here I didn't see, I didn't see the water issues. I think we had a North Naples project that got, I think, a fairly large amount of money, about $750,000 one year. I think we need to beef up our request for funding. MR. MULLINS: Absolutely. We have met with the departments October 23, 2018 Page 72 in putting this list together to review projects and other issues. Now, in their defense, we're having to present this document a little bit early for this session. Session doesn't start this year until March. Because of our legislative delegation meeting still being in late November, we had to get this ready for that approval. Now, if something needs to be added that we can get the department to put forward, we're more than happy to accommodate. COMMISSIONER SAUNDERS: I think you need to add some things to that list of project requests, and they need to be presented to the delegation, and then there's a form -- obviously the forms that need to be filled out, and there's already those -- MR. MULLINS: Those forms are not yet available for the next year. COMMISSIONER SAUNDERS: I think they are. But at least I've been sent one of them. So -- but regardless of whether they're available now or not, I don't want to argue that. I just want to see more funding requests along the lines of what's traditionally been funded in addition to what you have. MR. MULLINS: Absolutely. And one of the things I will say, too, in putting this together, we've tried to look at the past of how we've handled appropriation project requests. And one of the problems that we had were a lot of these projects have ended up in one representative's district. So you're making five requests of one representative, who may be lucky to get one of those requests through because they get a multitude of requests from other entities. So if you kind of stack the deck, you give them a lot to choose from. At the end of the day, you're still probably only getting one project in the budget. So we're trying to delegate it amongst our entire legislative delegation a little bit more equitably, if possible. COMMISSIONER SAUNDERS: Again, I don't want to argue with you. I understand how this process works. And if you don't have October 23, 2018 Page 73 some water projects in there -- there will be funding for water projects. I don't know -- our lobbyist is here. Can you -- MR. GRIFFIN: Yes, sir. COMMISSIONER SAUNDERS: Maybe you can provide a little bit of information on this, but I don't see in this list the types of -- some of the types of water projects that are typically funded. Am I missing something? MR. GRIFFIN: My understanding is conversations that they've had with John was, to his point, to not -- to fill the deck too thoroughly such that there would be plenty of items to choose from but potentially not a targeted enough list. Having said that, to your point, with regard to the water projects, last year we certainly saw significant challenges to water projects as a result of some of the 11th hour funding that went to some of the Parkland legislation. Much of the budget items were trimmed down to make way for the appropriation that carried -- COMMISSIONER SAUNDERS: Are you suggesting that water projects were not funded? I know there was one up in City of Fort Myers that was funded. MR. GRIFFIN: I think that water projects as a whole was one of many target areas last year such that this year you should probably see more traditional allotment for water projects that, you know, potentially could be an opportunity for the county. COMMISSIONER SAUNDERS: If you think there's going to be more money for water projects this year, I don't see those on our list. And I'm only suggesting that one of the ways that we gauge the success of our lobbying effort is funding that's brought down to the community, and I would like to see a little bit more work on the list. MR. MULLINS: And we will circle back around with the applicable departments and look at those water projects and see if there are a few more that we can put onto this list. October 23, 2018 Page 74 MR. OCHS: We'll make that happen. COMMISSIONER SAUNDERS: And take a look at some of the ones that were funded last year. MR. OCHS: Yes. COMMISSIONER SAUNDERS: You can look as close as the City of Fort Myers. MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: So there's a motion and second to approve this, but I'd like -- if the motion maker and the second wouldn't mind amending the motion to reflect that we'd like to see some additional water projects added to this list, because I think that's where there's some opportunities to get some funding, along the lines of sewer -- septic and sewer and other water-type projects. CHAIRMAN SOLIS: Well -- and if -- I'd like to make the same suggestion with regard to the mental health and substance abuse. I mean, it's an issue to monitor, but it seems to me that there's going to be -- who made the motion? COMMISSIONER McDANIEL: I did. CHAIRMAN SOLIS: But -- COMMISSIONER McDANIEL: I'm listening to you-all before I speak. CHAIRMAN SOLIS: Yeah, I think -- obviously, with what's been going on in the state and in the country, I think -- I would assume that there's going to be some continued emphasis on mental health and substance abuse. MR. MULLINS: Absolutely. And one of the reasons why it was put into monitoring at this point was because we anticipate there may be some legislation to come down. One of the things, I know, of concern to you was the ability of county court judges to be able to do some treatment referral that they currently cannot do. October 23, 2018 Page 75 Now, I do know that Judge Leifman, Judge Carr, and Judge Martin are working together to try to put together some legislation that accomplishes that. But as of this point in time, I do not believe that there has been a bill put together. But they have met with Senator Passidomo. They've been working on that issue. And once we have something, then we may come back before the BCC and say this is what they're trying to attempt. Would you like to support this with a resolution or something else that authorizes us to go out and proactively work on its behalf. CHAIRMAN SOLIS: And this isn't necessarily the absolute, because we can continue to work with this until later. MR. MULLINS: Yeah. CHAIRMAN SOLIS: Okay. Very good. COMMISSIONER McDANIEL: And my only comment, Commissioner Saunders -- two things: Number one, I snickered a little bit when you made mention that you know about this process, because I think cumulatively you know more than anybody in this room. So I didn't mean that as -- if you heard me laugh, it wasn't an insult. It was actually a complimentary snicker. I wanted to say, this is our -- I think this has room for adjustment. If you would like me to adjust the motion to fortify that with those suggestions both with regard to water projects and mental health from a funding standpoint, I'll be happy to amend that motion just -- and then that will ratify to the County Manager and staff that those are priorities that we want to see coming forward. I'd be happy to make --- COMMISSIONER SAUNDERS: That covers my concern. COMMISSIONER McDANIEL: I'm in. COMMISSIONER TAYLOR: And I would agree. CHAIRMAN SOLIS: Very good. Any other questions for staff? (No response.) CHAIRMAN SOLIS: There's a motion and a second. All in October 23, 2018 Page 76 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 unanimous. Thank you. MR. MULLINS: Thank you. CHAIRMAN SOLIS: Great presentation. MR. OCHS: Thank you, Commissioners. Item #10A RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS TERMINATES THE AGREEMENT WITH THE PARTNERSHIP FOR COLLIER’S FUTURE ECONOMY, INC. EFFECTIVE FEBRUARY 28, 2019 – MOTION TO APPROVE – FAILED FOR LACK OF A MAJORITY Mr. Chairman, that takes us back to Item 10, Board of County Commissioners. Item 10A is a recommendation that the Board terminates the agreement with the Partnership for Collier's Future Economy, Incorporated, effective February 28, 2019. This item was brought forward by Commissioner McDaniel. COMMISSIONER McDANIEL: Do you want me to speak? CHAIRMAN SOLIS: Yes, sir. You brought it forward. COMMISSIONER McDANIEL: I did. And I just want to say, I'm really -- I can read the tea leaves. I don't really think that we're -- I'm going to get a lot of support with this proposition. October 23, 2018 Page 77 I wanted to, just for the record, bring it back to minimumly change my vote on that contribution that went over there, but I was informed that I can't. We can't change our vote on contractual arrangements once they're ratified. It's -- and so I only had an opportunity to call for the cancellation of the contract. On a larger basis, I am disappointed in the Chamber and what they have been doing with regard to the sales tax initiative, the PAC that was formed. Utilizing the Chamber's assets was the basis for me to ask for this cancellation. Good, bad, or indifferent, everyone's entitled to their opinion. And Mr. Dalby and I go round and round on a regular basis with regard to our opinions there. The mailer that was put out by the PAC that was formed by the Chamber alleged policy decisions that disappointed me as well, i.e. if you don't support the sales tax initiative, they're going to raise your taxes, and I didn't care for those things. So as -- on a more global standpoint, Commissioner Saunders, back when we -- I went back, reviewed the tape, watched the tape. You expressed some concerns with the rate of return that we're actually getting from investing our taxpayer monies in organizations, other organizations outside with regard to economic development, and I just -- so on a more global level, I thought having a discussion with regard to the validity of this expenditure and spending the taxpayers' money of Collier County in this manner, I think, is something that we ought to revisit, and put -- I had regular conversations with staff about more measurables and milestones, more evidence-based decision making with regard to these expenditures, and that was the main premise for me to bring it up, so there you are. CHAIRMAN SOLIS: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: As your economic liaison from the Commission to economic development in Collier County, I'd like October 23, 2018 Page 78 to bring your attention -- and I respectfully disagree with you, sir. Kristi Bartlett who is now going to be the economic head in Coral Springs -- congratulations -- MS. BARLETT: Thank you. COMMISSIONER TAYLOR: -- has delivered a fourth quarter submittal to Collier County regarding the activity of the Chamber. And it's several pages, but I just want to read just a little bit here. She visited 60 local businesses, and her visits are not, hi, how are you, drink a cup of coffee, and leave. She always has her iPad in front of her. She's always taking notes. They are an essential part of economic development in Collier County. They do what we don't do, and we do what they don't do. They're the ones who are actively looking and addressing the need to bring higher paying jobs to Collier County. They also got involved, and I believe -- because this was explained to me -- with this initiative specifically about workforce training and attainable workforce housing which are the major deterrents to companies seeking to locate here. They need a trained workforce. And if you go up to Arthrex, he'll tell you, you know, we've got to train these people. And that's why Florida SouthWestern is now embarking on that. And then other one, of course, is housing, which we know is a challenge. So to me they moved into the need for this quite -- it seemed like a fit. I don't think it was a stretch at all. And I respect your concerns about the PAC and what they're saying in the PAC but, you know, we all contributed to the needs list. And they aren't sitting here taking and telling the voters that they have to vote for this. They're bringing an issue that they believe passionately about in terms of our economic health and going into the future of economic health, and they're bringing it to the voters for them to decide. So -- and if you -- I'm sure you have it, but if you don't, I'll make October 23, 2018 Page 79 sure that everybody has a copy of the fourth-quarter submittal which basically says what they're doing for us. So thank you. CHAIRMAN SOLIS: I just want to add one thing to what Commissioner Taylor just said before we go to Commissioner Saunders, and that is, one of the things that I've participated in with Kristi Bartlett and the partnership are retention visits. I mean, it's not only a matter of bringing the employers here, but it's also keeping the businesses that we have growing and not moving away, and that is a constant threat. And it's not a threat. It's the constant reality just because there are options that may be less expensive 10 miles up the road. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I'm not agreeing or disagreeing with Commissioner Daniel on this contract. In December we're going to have a full hearing on all the deals, all the economic programs we're involved in, but not just the three or four contracts that we have, because we take a look at those and we can add those numbers up, and we know what those costs are. What we don't know is what it's costing us in terms of staff time, because we do have, I think, some considerable expenditure for staff and other expenses associated with economic development. And so what I'm hoping will happen in December is we'll have a full hearing on what we really are spending. And it's not just, as I said, three or four contracts. It goes a whole lot deeper than that. And then hopefully we'll have some analysis from staff as to what the benefits are for all of those costs, and then we can make a decision. This particular contract we can terminate with 120 days' notice, and during that December meeting, I may very well side with Commissioner McDaniel that this contract needs to go away, as well as others. I may not agree with you, but that's -- the door's open for that. I know that the Chamber has done a great job in terms of October 23, 2018 Page 80 retention visits and that sort of thing. I think that's probably what a chamber does anyway. So I don't know that we need to participate from a financial standpoint for those retention visits to continue. But that's the type of analysis that I hope we hear in December. Because I will go into that meeting with an open mind in terms of this contract and all the others. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: As will I, Commissioner Saunders. I appreciate your comments with regard to that. And, Commissioner Taylor, you know, you and I respectfully sometimes disagree on things on a regular basis, and my entire reason for bringing this forward was somewhat of a reaction to what the Chamber has done with regard to the sales tax. You have regularly, since its institution, supported it and I haven't. And so there's obviously opposites there. I want to say out loud it has nothing to do with the performance of Kristi Bartlett at all. I mean, that lady has done an amazing job assisting my constituents, business retention. Commissioner Solis, I've worked with her regularly. Probably there's cumulatively no one that knows as much with regard to the opportunities of subsidation and assistance that can come to an employer by creating jobs within our community and maintaining them. So this executive summary has nothing to do with her particularly, just to say that out loud. And congratulations on your new employment as well. So I'll, for the record, make the motion to approve my executive summary so that it can die without a second, and we can go on. COMMISSIONER SAUNDERS: I could second that so we could vote it down. COMMISSIONER McDANIEL: No, you don't have to. Just let it October 23, 2018 Page 81 go without a second. That's okay. CHAIRMAN SOLIS: Hearing no second... COMMISSIONER McDANIEL: It fails. COMMISSIONER FIALA: He was going to -- didn't you second? COMMISSIONER McDANIEL: No. He was joking. COMMISSIONER FIALA: Oh, I second it. CHAIRMAN SOLIS: You second it? COMMISSIONER FIALA: Uh-huh. CHAIRMAN SOLIS: Well, there's a motion and a second. All in favor, say aye. COMMISSIONER FIALA: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Okay. Any opposed? Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: The motion fails. COMMISSIONER McDANIEL: 3-2. You just never know. Sorry. I'm sorry, Terri. I forget, Terri writes down everything that I say, and it all shows up in the verbatim minutes. If you ever want to have some fun, you can actually hear what I'm saying, so... Item #10B RECOMMENDATION TO DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR PUBLIC HEARING AN ORDINANCE ESTABLISHING SECURITY MEASURES FOR RETAIL GAS STATIONS TO HELP PREVENT THE USE OF CREDIT CARD SKIMMERS – APPROVED October 23, 2018 Page 82 MR. OCHS: Item 10B is a recommendation to direct the County Attorney to advertise and bring back for public hearing an ordinance establishing security measures for retail gas stations to help prevent the use of credit card skimmers, and Commissioner Saunders brought this item forward. COMMISSIONER SAUNDERS: And, Mr. Chairman, I think we've all had some discussion concerning this, and the executive summary, I think, really lays it out. But the genesis of this is that we've had a lot of folks in Collier County, and this has happened across the country, people will go to a gas station, use their credit card, and thieves will have these skimming devices that are implanted in the gasoline pumps, and they'll read your credit card information, and the next thing you know you're getting a call from your credit card company saying there's some strange charges on your credit cards. And so some communities in Florida have taken the lead. Cape Coral was the first community to adopt an ordinance like this. Initially, there was a lot of pushback from state regulators as well as from the industry until there was a recognition that this is really a very inexpensive fix to a very significant problem. The Sheriff's Department -- and I believe Kevin Rambosk is here; maybe want to say a few words. The Sheriff's Department has been instrumental in working on this issue. My understanding is going back five or six months ago the Sheriff's Department was meeting with our County Attorney to bring some things forward. I was not involved in those conversations, but I've talked to the Sheriff and some of his representatives, and I know this is something that is on their mind as well, and Kevin is here to discuss that. SHERIFF RAMBOSK: Thank you, Commissioner. Well, good afternoon, almost. COMMISSIONER McDANIEL: It's still morning. October 23, 2018 Page 83 CHAIRMAN SOLIS: Almost. SHERIFF HUNTER: Good morning. Kevin Rambosk, Collier County Sheriff, to talk in favor of what you're about to consider. As you know, the State of Florida has been in the top 10 identity theft states in the United States for some time. We were number one. Six or seven years ago we put together the Collier County identity theft task force with your help and your support. At that time Naples and Collier County with regard to identity theft -- which compromising your credit card is the basic tenet and problem of identity theft today here and across the country. We've been able to do better. We were third in the state. We are now ninth. So with awareness and investigation and prevention like you're talking about today, as has been presented, that's what we need to continue to do. To give you some just indication of skimming devices, statewide in 2015, 169 were found. Today, year to date, 802 were found statewide. We anticipate that at being over a thousand. It doesn't delineate what was strictly found in Collier County, but I can tell you that your detectives and police officers here have found 31 skimmers throughout Collier County. There are -- and we're not by far in the top of that. There are communities that have many, many more than we do. But we track it. We work with the vendors. But to give you some insight, for every skimming device, why people want to do this, they make $50,000. So that's a lot of money. There are a couple of simple ways to address it. This ordinance does that. You know, the basics of it -- and even my own vendor who talks to me, when I went in and asked him, what are you doing to protect my credit card and my identity, and then I explain to him what I thought he should do, finally went ahead and did it. And I said, you know what, from a business perspective, I'm going to go now, tell everybody I know that you have put after-market locking cylinders in your gas pumps so that you can't go buy a key on eBay for 1.82, which October 23, 2018 Page 84 you can, that will open 85 percent of the gas pumps in the United States to be able to put in your device. So looking today at what the Commissioner has brought forward, it is some impact on vendors, but the return on that minimal investment, I believe, when they let people know they have secured their pumps and secure your information, will make a big plus in Collier County and continue to reduce identity theft, which is where we're going. So I fully support it and recommend the Commission does as well. CHAIRMAN SOLIS: Thank you. COMMISSIONER McDANIEL: Make your motion. CHAIRMAN SOLIS: Any other comments? Questions? Discussions? COMMISSIONER TAYLOR: I'd like to make a motion to approve this agenda item and thank Commissioner Saunders for bringing this forward. COMMISSIONER SAUNDERS: I'll second that. COMMISSIONER FIALA: And second the motion. CHAIRMAN SOLIS: Commissioner Saunders seconded. So 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: It's unanimous. Thank you. COMMISSIONER SAUNDERS: Thank you. Item #11B October 23, 2018 Page 85 RECOMMENDATION TO ACCEPT STAFF’S UPDATE ON THE STATUS OF THE IMPLEMENTATION OF MEDICAL MARIJUANA IN FLORIDA – MOTION TO EXPEDITE THE LDC PROCESS AND APPROVE THE MEDICAL MARIJUANA DISPENSARIES IN COLLIER COUNTY – APPROVED MR. OCHS: Commissioners, we move to Item 11B. This is a recommendation to accept the staff update on the status of the implementation of medical marijuana in Florida. Mr. Bosi, your zoning director, will make a brief presentation. MR. BOSI: Good morning, Commission. Mike Bosi, Planning and Zoning director. As the County Manager has indicated, we were directed back in May of this year to provide a six-month update on the issue of medical marijuana dispensaries, any action that the legislation has done related to the regulations for dispensaries and also directed our staff to seek out an active dispensary in Lee County, visit it, and come back with some reports to their experience with the facility. To date, related to the legislative changes, there have been none. It's still a binary option. You either can allow for them with the restriction of a 500-foot separation from a school as the only restriction that you could place upon them and treat them as a pharmacy, or you could prohibit them, effectively, based upon a local decision. Related to our site visits, I think we've put together a four-page narrative that described the specifics of the visitation. I do have the staff member here who went -- Richard Henderson, who was one of the three: Jeff Klatzkow, Richard Henderlong, and Erik Johnson; two from the LDC team; well, obviously, the County Attorney, went and visited the site. They could give you a firsthand recollection if you had any specific questions related to the information, some of the data that October 23, 2018 Page 86 we provided. We also provided, as best we could, the information -- the statistics related to the delivery of the product within Collier. As we indicated, at least from one of the providers, Trulieve, 70 percent of their deliveries are located within Collier County. So with that, I would open up to any questions the Board may have. CHAIRMAN SOLIS: Commissioner Saunders, there's public speakers. Do you want to hear public speakers first? COMMISSIONER SAUNDERS: Well, with the Commission's permission, I'd like to have the staff tell us about their site visit, because I think it's important for the public to hear that. We've read that, but I think a little bit presentation before we get to the public on that would be helpful. CHAIRMAN SOLIS: Very good. MR. HENDERLONG: For the record, Rich Henderlong, principal planner, Land Development Code section. We were asked -- we tried to get an invitation also to Curaleaf, and Trulieve was the one who invited us up. The office manager there gave us an excellent presentation. We went in with the expectation as if we were patients. The manager himself is a qualified patient and, therefore, he, in his orientation, to us, said, I will walk you through as if you were a citizen coming up from the county and you have a medical authorization prescription form. The medical doctors basically qualify the conditions according to the statute. They write out what the requirements are. And in his case he shared with us, for example, his prescription is 1,425 milligrams of a THC component or cannabinoid, and then it's up to -- in that 70-day disperse, for the patient to sit down, go through orientation with the different products and the efficacy of those products as to fulfilling October 23, 2018 Page 87 how they're going to be treated, okay. That is one -- one of the biggest takeaways to me is -- the advantage of having a dispensary is the education of these patients. And it's also true with the other dispensaries, when we talked with AltMed up in Apollo Beach, they only service delivery within a 25-mile radius, and the reason being is they put a very strong orientation on the education for the patient themselves. So in that respect, they're not the same as a dispensary where you get a prescription, you go and you get it filled and you walk out. So that's important to understand. We're very comfortable in finding that the security systems were in place. They met the statutory requirements. We checked with the law enforcement agencies to find out if there were any incidences with loitering or problems with the neighborhoods nearby. There are not. The delivery vehicles are very unmarked. They look like normal vehicles. The delivery is working well with Trulieve for citizens of Collier County. I do have an update for you on delivery as of this morning. I'd like to add for the record -- and we can put this on the visualizer if you'd like. But we found patients are being served. The products -- it's mind boggling trying to understand which treatment you're going to take, whether it's a cannibal (sic) oil or it's a particular concentration of THC. So in our opinion, we felt from a planning viewpoint there isn't really a problem in relationship to them being in a strip center. We're very impressed with the driveby for Curaleaf, which is in Fort Myers. Curaleaf was grandfathered in before City of Fort Myers prohibited dispensaries, and they have a very tight concentration. We were concerned about people just walking in. In terms of security, they have -- the rooms are structured very carefully that you're not allowed -- a younger person cannot walk in, or an adult, October 23, 2018 Page 88 without being confronted and told you're not allowed to come in here. They have security on site as well, too. So we thought the dispensaries are very -- a compatible land use. CHAIRMAN SOLIS: Thank you. MR. HEATH: Any other questions? CHAIRMAN SOLIS: Any questions for staff? Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I just -- I would like to ask my colleagues, have any of you votes -- or visited a dispensary yet? CHAIRMAN SOLIS: No, I have not. COMMISSIONER McDANIEL: I suggest you do. Our staff went. That was a very nice comprehensive report. I did it two weeks ago, a week and a half ago. I went to one up in Sarasota County, a different vendor than those that are represented here and a part of the information, but I found similar circumstances with a different vendor with regard to the security, the control, the educational process as well. So I highly recommend -- because as we sit here today, our Land Development Code does not allow for these dispensaries, and it requires a supermajority vote for us to amend our LDC in order to allow for these dispensaries to exist or not. And so education, educating yourself from a personal experience, if you have a moment, I highly recommend that you do it. MR. HENDERLONG: And if I may add, Commissioner, I'd like to update you with Surterra Wellness reported this morning that they do -- how many times per week do they do delivery in Collier County? They're doing 100. They don't know -- they're going to try and get the number of customers for Collier County. Liberty Health Sciences -- CHAIRMAN SOLIS: They do a hundred delivers a week? MR. HENDERLONG: A week, yes. CHAIRMAN SOLIS: And are those deliveries trips, or are they October 23, 2018 Page 89 just individual prescriptions -- MR. HENDERLONG: They're individual prescriptions, the individual homes. The products are not to be consumed on site. They have to be in-home resident. COMMISSIONER McDANIEL: And that was the dispensary, by the way, that I visited in North Port. MR. HENDERLONG: Yeah. Liberty Health Sciences from Aphria, they do -- they have a thousand customers, and they offer a free 24-hour turnaround. There's no charge for that. Trulieve does a $25 surcharge on it. AltMed does about several dozen deliveries to customers. So -- and one of the interesting things I found -- we found about Liberty Health Science is that they're planning a delivery hub in Fort Myers -- it's not there yet -- because of the demand for customers in Marco, Naples, and the county. CHAIRMAN SOLIS: Very good. Anything else? (No response.) CHAIRMAN TRECKER: We have public speakers? MR. MILLER: Yes, Mr. Chairman. We have 19 registered speakers for this item. Your first speaker -- ladies and gentlemen, please. Your first speaker is Jeffrey DeMond. He's been ceded time from five additional speakers. I'm going to ask you to raise your hand to confirm your presence when I call your name. Alexander Popoff. (Raises hand.) MR. MILLER: Thank you. Tara DeMond? (Raises hand.) MR. MILLER: Thank you. Jodi Hahn? October 23, 2018 Page 90 (Raises hand.) MR. MILLER: Thank you. And Jason Shook? (Raises hand.) MR. MILLER: Thank you. And Mr. DeMond will be followed by Susan Dunn, will be your next speaker. Mr. DeMond, you have 18 minutes. MR. DeMOND: Good morning. Good morning, Commissioners. Thank you for allowing me to speak. My name, for the record, is Jeffrey DeMond. I'm a retired senior chief from the US Navy. I wanted to thank you, Commissioner Fiala, for leading us in the Pledge of Allegiance. It's very close to my heart. I appreciate it very much. I love the Navy. It was my life. I did 20 years, and I was the sailor of sailors, I thought, you know. Take this hat off out of respect for everyone else. I'd like to thank the fellow veterans in the room for their time and service as well. It's not always easy. I'd like to thank those people who have lost veterans in their life. That's even harder. I was all in in the Navy. I did it all. Whatever they asked me to do, I raised my hand. I went all over the world, many theaters, with multiple service agencies: Army, Air Force, Marine Corps; I did it all. I wasn't afraid to go away. I wasn't afraid to fight for my country. I wasn't afraid to give my life for my fellow service members. Around my 17-year mark, I got hurt, not in battle, just hurt. And as that -- as my body deteriorated, I had to have more surgeries. I had four ankle reconstructions, which kept me off my feet for 18 weeks at a time. My knee, my right wrist, and my right shoulder, my right bicep's been torn. I've got two herniated disks in my back. I have two October 23, 2018 Page 91 herniated disks in my neck. I have neuropathy. When I was -- after I was being treated upon my retirement, I went from a physical weight of about 260 to 340 after all the treatments with medication that the government had put me on. So after my first surgery, I was introduced to Oxycodone, and for five years every time I complained about pain, I got more Oxycodone. It was even mailed to my house. On top of that, I was issued another long-lasting opioid called MS Contin. It's morphine. 120 milligrams a day of morphine, 80 milligrams of Oxycodone a day for longer than five years. I didn't know that it was a thing. I didn't know that I was -- I didn't feel like an addict. I knew when my prescription was ready and, by God, the pharmacist better have it ready, but I didn't feel like that that was abnormal because my doctor just kept giving me more and more. I was getting prescribed 275 pills, Oxycodone, a month. That's ridiculous, and I was expected to function as a reputable member of society. And that's what our doctors were doing to us. So, lucky for me, I come from a large family. When I retired, I had had some family members who had fallen into that opioid epidemic. And one of my young cousins recognized in me that same situation and told me that I need to watch what I'm doing because I'm going down that same path. And he said, you need to start smoking cannabis. He called it weed. Whatever you want to call it. Try to break that stigma; cannabis. I thought it was funny that he suggested that, actually. But I did some research. I Googled stuff on the Internet, and come to find out that cannabis and opioids are the best combination to reduce pain. So I'm now retired out of the Navy two years on opioids. I'm seeing the doctor every month. I'm seeing a psychiatrist every other week. I'm taking psychotropic medication. I'm taking medication to help me get over my PTSD. I'm taking medication to sleep. I'm taking October 23, 2018 Page 92 medication to make me feel happy. I'm taking opioids, taking shots for diabetes because I'm sedentary. So I think, can't hurt me; I'm going to smoke some marijuana. The first month I cut my opioid intake in half. I didn't tell -- (Applause.) MR. DeMOND: I didn't tell my doctors right away because I wanted them to see that I could do it, you know. It was important to make it real and not some sort of snake oil. So for the next two years, I, in an illegal state, broke the law to come off of opioids because I was a statistic. And I'm a good statistic, because I survived it. And the only way -- (Applause.) MR. DeMOND: My sister didn't. And the only way I did was cannabis. And it was illegal. I was in Illinois. I was buying it from whoever, whoever had it, because I was determined to make this -- make myself better. Since that time I've been able to come off of blood pressure medication, three shots for diabetes, half my oral diabetes medication, half of my depression medication, all of my pain medication, and my mind is so much clearer and more cognitive now than I was when I retired from the Navy. Upon my retirement I was immediately 100 percent certified disabled. I don't do this for money. I do this because it's the right thing. There are too many veterans on too many prescription pills, and too many of them are getting overlooked, and too many of them are dying, and they don't have this opportunity. We are an older community in Collier and Lee. Our veterans are older. We do Honor Flights for these guys. The Vietnam vets, they're committing suicide, and they don't -- they can't -- they don't get reached out to enough. Education isn't there for them. Today, today, at 4:00, I'm holding an event at the military October 23, 2018 Page 93 museum in Cape Coral to educate veterans, along with several other people that are here. We'll be there in attendance, but we have one of the area's leading doctors, Ms. Livingston from the Livingston Foundation will be educating. We have several veterans that are going to stand up and testify just like me here today in front of a group of veterans because it's very hard to get out and ask for help, and we need help. To the other Commission -- to the other speakers that were talking about the dispensaries, I find dispensaries are very comforting and accommodating, especially for veterans. More than one of them have veterans events to come in and discuss this, because after 20 years in the military, no illegal drugs, no drugs, no nothing, it's a battle in your own mind to try to overcome that where it's okay to get prescription pills but it's not okay to do this and it makes me better. There's nothing wrong with being better. There's nothing wrong with being happy. The side effects of my new prescription, I love them. They don't -- there's not one single bad side effect except for I might get hungry or sleepy on occasion. But I'm too big of a guy to walk around angry. Wouldn't you much rather see me sobbing a little bit than pounding my fist? But this is important, because I was angry, and I couldn't control it for a long time. And, actually, my therapist in Illinois actually worked for the normal. And after telling my story 15 times to 15 different therapists and 15 different pain management guys, and I finally got to someone, and I said, this is what I'm doing. And she said, where do you get your marijuana? I said, I've got friends. I can't tell you that because we're in an illegal state. So here I am now in Florida. I moved down to Florida five years ago. I have been a Florida resident since 1989. I retired back to my October 23, 2018 Page 94 home state of Illinois and then shortly thereafter moved back to Florida. I can tell you 100 percent that going to the dispensaries is the best experience for someone in my position. I didn't understand medical marijuana. I just knew that it helped. So to go in there and get educated on the endocannabinoid system and why it's working for me to help me better medical myself to -- I don't want to walk around in a state of high, if you want to say that, "high." I don't want to walk around high. I want to be able to be functioning. So to learn these low dose -- to medicate myself on low doses over time keeps me from having a psychoactive effect, and my pain doesn't hurt and I can walk around for all day or I can treat myself with CBDs. I can tell you for 100 percent certainty, once I moved to Florida and started going to a medical marijuana dispensary, that my health has improved farther than I even ever thought it was possible. Once I quit opioids, I thought that was it. That was the best I was ever going to feel. Now that I'm taking CBDs and other cannabinoids, my swelling has gone down. The burning sensation in my feet has gone away. Pains in my hands, and I would cramp between my ribs, all that goes away from taking CBDs and cannabis, the cannabinoid combinations. And I have children. And I tell my children about this, because I'm trying to soften the stigma of marijuana. It's not a bunch of hippies standing around in a corner or behind the dumpsters or smoking a joint, you know, trying to get high. It's through education that you can learn how beneficial the whole plant is to your entire body. I wish that I would have known 10 years ago what I know now or 15 years ago what I know now. I may have been able to save some of my family members. And it's just -- you know, we are in an opioid crisis, and you can either do something to help it or not. And I'm trying to help the vets get their help, because the first October 23, 2018 Page 95 thing they try to give you is a pain reliever. It's a pain reliever. It's a pain reliever. And that's not the right way to treat our people and -- you know, I wish that -- when the opioid crisis started, that was exactly the middle of when I was having all of my surgeries. So, I mean, I don't blame anybody. I was an undereducated 39-year-old man, you know. But at that time I was broken in my mind. I was broken in my heart. I was broken because I had worked so hard in the Navy, then I got hurt, and all they did was treat me with opioids. And so from that 17-year mark, I was unable to function in an operational role, and it's really, really hard when that's all you do. I turned down more surgeries because I didn't want to take more opioids. I know people now that have had knee surgeries and have had their knees manipulated and refused opioids. When I talked to my doctor and got my initial cannabis recommendation, he was my pain management, or he was in the same clinic as my pain-management doctor, and my pain-management doctor recommended that I go talk to his partner. So I went and I talked to his partner. Now, I had been on so many opioids for so long, and when I asked him to write me a recommendation for medical marijuana, that's when he made me feel like I was a drug addict, not when I was taking 270 opioids a day (sic). It was when I asked for my marijuana card, which crushed me. It was the -- and since I retired from the Navy, I had never been talked down to so poorly since I retired, and I almost got up and walked out, but I didn't. I was a different person. I'm trying to, you know, understand and make -- soften him as well, because if he's asking me the wrong questions, and he's my doctor for cannabis, there needs to be more education. If I know more than he does about the cannabis industry, there needs to be more education. Once he wrote me my card, one week later I got a certified letter in the mail that said we can no longer have a productive patient/client relationship, patient -- doctor/patient relationship because I refused his October 23, 2018 Page 96 pain medication and I was switching to cannabis. He cut me that day, and I got the letter the next week. So I think a lot of it comes down to money. And if you're talking about building businesses in Collier County, the Curaleaf dispensary is right next door to the Navy/Marine Corp/Air Force recruiting station. The Surterra dispensary looks like Rachel Ray's kitchen. It's got fresh apples on the counter. It's not like you're going to, you know, Frankie Bee's house down on 22nd Street, and I've got to be there at 3:00, because that's when his guy's showing up to get his weed. It's not like that. You can go into a place that's close by. COMMISSIONER McDANIEL: I hear we both like Rachel Ray. MR. DeMOND: I do like Rachel Ray. I watch Rachel Ray every day, I must say. But it's important because in Naples, Marco Island, and the surrounding communities, there are a lot of patients that have to drive all the way to North Fort Myers. Okay. So on a good day, it's an hour. So you go there on an hour, and then you have to wait an hour, and then you have to drive an hour home before you can take your meds. And, you know, just a dispensary closer would alleviate so much more of that. You could make call-in orders. And, you know, I know they deliver, but then they give you a delivery time. It's like the cable man, only you're happier. You'll gladly wait for this delivery. But the cable guy you're frustrated, you know. So -- but they'll change their delivery time by, okay, we're going to be 10 to 12. Now we're going to be there from 1 to 3. So, I mean, I don't -- not that I mind waiting. I just don't always have time to do that. Not everyone has time to do that. And I just -- I'm pleading to you to make the right decision for the veterans in Collier County, the citizens of Collier County that need cannabis as medication and for all those others who think that it's a bad -- the devil's lettuce, or whatever the stigma is, the '60s or whatever. I gave my father, a Vietnam vet October 23, 2018 Page 97 who couldn't lift his arms above his head, cannabis-based CBD. Three days later he was painting. He had his arms up. He couldn't -- he couldn't lift them to hold me, hug me, and I gave him that CBD oil. Three days later he was painting. And I just can't say enough about it. I know it seems like I've got a cart full of it outside and I'm going to give everybody some later and it's going to cost 5 bucks apiece and I'll make millions of dollars. But I'm not. I'm not doing that. I just want help. Thank you. MR. MILLER: Your next speakers -- your speaker is Susan Dunn. She's been ceded additional time from Margaret Bailey. (Raises hand.) MR. MILLER: Thank you. Steve Halper? Steven Halper? (Raises hand.) MR. MILLER: Yes, okay. Steve, thank you. And, Shannon Livingston? (Raises hand.) MR. MILLER: Ms. Dunn will have a total of 12 minutes. She will be followed by Lisa Colando. MS. DUNN: Good morning -- afternoon, ladies and gentlemen. My name is Susan Bailey Dunn, and I'm a native of Naples. I was born at Naples Community Hospital in 1961, long before any of you elected officials arrived. I have seen more growth than you can possibly fathom, and I've watched many things change in our quaint, little town over the last 57 years. But today I use my voice for every warrior, everyone who has suffered at the hands of antiquated thinking and outdated laws. You sit as elected officials to promote and uphold the very mission statement you agreed to abide by when you were elected. And you fill those seats that you sit in today. I will remind you of those October 23, 2018 Page 98 words as I share my thoughts. The first item on the Collier County Commissioners home page is your mission statement. Starts with "vision" and it states: "To be the best community in America, to live, work, and play." I ask you now, does that mean traveling an hour and a half to obtain your medication or have to pay $25 service fee for delivery that may or may not be delivered during a three- to four-hour window? Could any of you guarantee an adjustment to your daily schedules to receive in person only medication that your quality of life and sanity depends on? Are you truly upholding the vision to be the best community in America, to live, work, and play, by denying and postponing what the citizens of Collier County have spoken, voted on, and won? Will you vote in favor to uphold that vision for Collier County residents? Will you? As described in the second paragraph of the Collier County Commissioners home page is the mission, the mission statement, and I quote: "To deliver high-quality, best-value public services, programs, and facilities to meet the needs of our residents, visitors, and businesses today and tomorrow," end quote. So while 64 percent in Collier County approved medicinal cannabis along with 70-plus percent in the state of Florida, I'm asking you, is your prolonging the opening of the dispensaries in Collier County in direct line with this mission statement? Is it? Are you solidifying and delivering high-quality, best-value public services, programs and facilities? Are you? Will you? Are you actually voting for the needs of our residents, visitors, and businesses today and tomorrow in Collier County? Not Lee County. Again, residents and businesses in Collier, not Lee County deliveries, Collier County. October 23, 2018 Page 99 Let me address the third paragraph for the Collier County Commissioners home pages. It's listed as "guiding principles and values": Honesty, integrity, service, accountability, quality, consistency, respect, knowledge, stewardship, collaboration, self-initiating, and last, but certainly not least, self-correcting. These are taken directly from your mission statement. I respectfully direct these statements and questions to you, Ms. Penny Taylor, and to you, Ms. Donna Fiala. Are your votes on this in the past and, most importantly, today in accordance with all of the guiding principles and values? Let's talk about a few of these guiding principles and values mentioned. Knowledge and honesty seems like a logical place to begin. How many of you commissioners, as Mr. McDaniel just asked, have truly exhibited collaboration and stewardship visiting numerous dispensaries yourselves throughout the state over the last six to 12 months while we've waited this vote? How many have you visited personally to make an educated vote? Have you truly educated yourselves on the benefits of cannabis in numerous variations of disease, life-altering pain and suffering? Are you aware it's a plant-based, non-addictive, zero overdoses, non-pharmaceutical with zero side effects? Do any of you personally travel an hour and a half to fill your prescriptions? Would you? Could you? Are your medications covered by insurance? And are you aware that this is not, rather, it is a totally self paid out-of-pocket expense? Do your pharmacies carry your exact prescriptions at many local locations? Many times patients travel long distance only to find the specific strain needed is out of stock, and local access is of the utmost importance to those who are on a meager VA disability compensation suffering every waking and sleepless moment from the wounds acquired while protecting your and all of our constitutional rights. Penny Taylor stated, "People are being served." I ask you, is this October 23, 2018 Page 100 an accurate statement? Is this honest? No. Clearly, it is not. Is the statement knowledgeable? Again, no. It is far from knowledgeable or honest. Shame on you, Penny Taylor. Moving on to Ms. Donna Fiala. As she states, "Once you approve them, we can have as many dispensaries as we do pharmacies, and we have pharmacies on every street corner. I have grave concern over that." Is that a statement that upholds respect for those who can't purchase medicine on every street corner? Respect for those who chose to medicate with non-pharmaceuticals? Is that a self-initiating statement from our elected commissioner? Definitely, it is not. As for Ms. Fiala's most recent statement in the Naples Daily News, she's worried about recreational cannabis use as stated in the Naples Daily News. As she stated today earlier as I sat and observed, let's not put the cart before the horse. I believe those were your exact words. Spouting prohibition rhetoric when Collier County majority voted on medicinal and won. Let's cross one bridge at a time, Ms. Fiala, and when it -- when or if that comes on the ballot, we, the people, will vote accordingly. When I remind you of these statements today, do they uphold a conscious, intelligent, well-thought-out vote in accordance with the guiding principles and values that you were elected to serve and strive to uphold? Integrity, service, collaboration, accountability, quality, respect, stewardship, self-initiating, and last, but certainly not least, is that a display of self-correcting? As I've attended and witnessed these meetings over the last several months, not one of you have responded with concern, respect, or inquisitive dialogue after any of our residents have come before you at this very podium sharing their heart-wrenching personal realities. No, unfortunately, your silence speaks volumes. Mr. Solis stated, "I don't know how we can ban something that is October 23, 2018 Page 101 provided for in the constitution as a right." I applaud you, and I thank you very much. (Applause.) MS. DUNN: And so I stand here today and I ask that you move forward in a unanimous vote to allow cannabis dispensaries to open in Collier County to accommodate the needs of Collier County residents. I come before you as a native resident of Collier County, a United States citizen and, most reverently, a blue-star mother, a title I take very seriously and with very much pride. Hoping, working, and praying that I never transition to the gold-star title. My son is a combat veteran of Operation Enduring Freedom who suffers from post-traumatic stress disorder and a traumatic brain injury. The VA has tried to medicate using synthetic prescriptions. These very prescriptions remove individuality, creating a completely different person, side effects that cause the very symptoms they are supposed to eliminate. Clearly, this is not a healthy solution, much less the quality of daily life desired by this honorable young man and our vets. Instead, with much thought and research, choosing to become a medical cannabis patient legally under Amendment 2 on the 2016 ballot. Let me remind you, Amendment 2 is a constitutional amendment, meaning it was passed by the people, not the legislate; therefore, as a blue-star mother -- and the way I see it is that any one of you commissioners that hinders access to a plant-based medicine as an alternative is violating the very constitutional rights they have fought to protect. Let that sink in, please. Furthermore, to be crystal clear, the blood of every warrior, everyone who suffers yet would benefit from a Collier County cannabis dispensary is on your hands. In closing, I believe the final most appropriate guiding principle value stated in this mission statement and eloquently summarizes my October 23, 2018 Page 102 intention here today in front of you, self-correcting. That goes out specifically to Ms. Penny Taylor and Ms. Donna Fiala, self-correcting. You have no right to say not our county. The majority has voted, and they have spoken. Listen, act, and do the right thing. Let your votes speak as a direct representative for the citizens you have been elected to represent. Follow your own mission statement. Stop prolonging something that should have been initiated two years ago. Enough is enough. Self-correct. I sincerely hope that you've listened, and I welcome your response. Thank you. (Applause.) MR. MILLER: Your next speaker -- your next speaker is Lisa Colando, and she will be followed by Kathleen Farrell. MS. COLANDO: Hi. Good afternoon. My name is Lisa Pavey Colando, and I've been a citizen of Collier County since about 1985. I went to Golden Gate City Middle School, I went to Barron Collier High School. I went to Edison Community College when it was still a community college. I then went to Tampa, got a degree, stayed away for a little while, came back and became an English teacher at Palmetto Ridge High School and opened it up in the early 2000s; ran the journalism program. Years later, I met my husband, Brian, and we started a magazine. It was a music magazine. And we were doing very well here in Florida until Brian came ill, and I could tell you that we moved to Colorado and sold everything that we owned because Florida wouldn't give us the medicine that he needed. I could tell you that we were American medical refugees because the State of Florida wouldn't help us. I could tell you that we went to a dispensary the day we got there. He got a card that day. And the guy next door, the bud tender, spent an hour explaining how cannabis can help with Crohn's, how the endocannabinoid system works, and many other things. October 23, 2018 Page 103 They spent time with us to educate us. I know about cannabis. I've been a cannabis user for 30 years loud and proud. Got me off big pharma. I could tell you that we run a magazine now here in Naples called Revive. It's all about medical cannabis. A couple of you have seen it up here. You've read it. We've spoken. We are about education. This is not about getting high. This is about getting healthy. I could tell you other things like the delivery issues. People are spending money in Lee County going to lunch because it takes so darn long to get up there. I want our people in Collier County to be making money as local businesses. Traveling to Fort Myers isn't the answer. Delivery isn't the answer. I can tell you that this isn't about recreational. Recreational isn't even a thought right now. What happens in two years, four years, five years doesn't matter. What matters is now. Medicinal passed 71 percent, almost 72 percent in Florida; 64 percent in Collier County. This is -- should be a done deal. None of us should even be here today. This is a constitutional amendment that was made, and by not upholding what 64 percent of the people in this county want, you're doing a disservice. You're hurting your constituents. They will remember this when voting comes around again. So I implore you, please, do your jobs, listen to what Susan said. Don't listen to what I said. Listen to Jeff. Listen to Susan. We are your cannabis industry. It's all of us in here. We have businesses. We are helping people. We are educating people. Help us do our job, and we'll help you do yours. Allow dispensaries here. Thank you. MR. MILLER: Your next speaker -- your next speaker is Kathleen Farrell. She'll be followed by Jamie Cain. CHAIRMAN SOLIS: How many remaining speakers do we have? October 23, 2018 Page 104 MR. MILLER: About nine. I want to remind the speakers, if I could have my next speaker -- Ms. Cain, or Mr. or Mrs. Cain, I'm not, Jamie -- wait at the other podium. We'll use both podiums, please. Thank you. Ms. Farrell. MS. FARRELL: Hi. How are you? Hi, Andy. I have literally grown up in this area. My father started coming to Marco Island in the '60s. I consider this my home of homes. I've traveled around the world quite a bit as a flight attendant, but I always came back here. I had a yoga studio in town. It was called One Vibe. I helped open Bala Vinyasa Yoga. I like to think of myself as a yoga pioneer. This was, like, 25 years ago. So I like to think that maybe I'm ahead of my time, but now my time has come. So, yeah, the studio -- I had some problems there. So I had my own issues with pain and with doctors prescribing a lot of icky pharmaceuticals that didn't serve me at all. In fact, they turned me into somebody that I didn't like and that I -- you know, that didn't really work for the yoga journey. So medical marijuana has completely changed my life, and I'm not a person that says things, you know, lightly. I do tons of research. I've probably written 50 articles on the subject. You're welcome to read any of them on My Florida Green blog. I also do writing on Medium, and I've written about my medical marijuana journey extensively, including going to a dispensary for the first time, which was Trulieve. I wrote how walking into that was like walking into, you know, your best friend's living room or something, you know, and having an exquisite, like, meeting with these kindred spirits instead of going to a doctor where everybody's sick, you know, and mad. So no, you know, I started out with the CBD. I've been able to October 23, 2018 Page 105 just look at the garden of delight that it's in a dispensary and make my own decisions, because that's what it's all about. I think I have the knowledge, I have the wisdom to make my own decisions about what I want to do with my body. And I don't like driving an hour and a half to Fort Myers; I don't. I like to stay here in Collier County. I love Collier County. You know, we're going to fix this place, but it starts with movements like this. The green movement, the green revolution is a real thing, and it's healing places, and I want to see Naples healed completely on every level. I don't want to have to work with addicts who’ve just lost their best friend. And I see my time is up. As you can tell, I'm extremely passionate about this, and I will not back down, so I hope you guys make the right decision. Thank you. (Applause.) MR. MILLER: Your next speaker is Jamie Cain. She's been ceded three additional minutes by Paul Harper, who is present here. Ms. Cain will be followed by Donald Ketterhagen. MS. CAIN: Thank you, Paul. And good afternoon now, I guess to the Commissioners. Thank you for allowing me this opportunity to express my thoughts on cannabis dispensaries here in Collier County. My name is Jamie Cain, and I have been involved in this community for eight years both on presidential and congressional campaigns and as Libertarian secretary for the Collier County Libertarian party and as well for the last five years in the cannabis -- getting cannabis legalized; was one of the first street wavers out there. I'm a former business owner. Had two tech companies in Ohio. Moved down here about 13 years ago. Employed 100 people. I've been a wife for 42 years, my only husband, a mother of five, three of October 23, 2018 Page 106 which are alive, two who died because of a disease that I have prior to being born, and one of which is adopted. I have lupus. I have anti-phospholipid antibody syndrome. And in 1993, I was told that I needed to basically go home and get my affairs in order. So I am 25 years past expiration date at this point in time. Thank you. And it's been a hard road to keep myself healthy and to keep myself going forward. And I've used a lot of different holistic products to do that. In June of 2011, I got a migraine, and I'd never had a migraine before, and that migraine lasted, no doubt 24/7 from June 11 -- June 2011, until February of 2016. It never left. I lost my ability to speak properly. I lost my ability to read. I became dyslexic. I had to kind of cocoon myself at home. And I had a very dear friend here, and because it was not quite legal at that time, I'm not going to say who, but brought me some medicine and said, I need you to try this. And it was a funny thing when she brought that to me, because the night before the pain had become so bad, and the migraines are hemiplegic, so I lose half of my body. And I don't know that's happening. I get up, and it's not there, and I fall down. So I break bones because I also have osteoporosis from the lupus. So she reached out to me, and she said, I want you to try this CBD and to see. And the funny thing is is the night before, I told God, okay, I'm done. I have eight beautiful grandchildren that I would love to see grow up, but I said, I'm done. If I'm not going to be healed, if this is not going to get better, I can't live this way anymore. Excuse me. So the next day she reaches out. I didn't say that to anyone. I didn't tell anyone that I said that prayer. And so that's my answer. She reaches out, and within three days I'm noticing a difference, and I'm noticing I'm getting beginnings and ends to these things, and I'm being able to read longer or see or speak, and I'm not mixing up my words October 23, 2018 Page 107 and sounding like I don't know what. And it was very shocking to me that this medication could do that. And I knew that it could heal cancer, because it did heal my little niece who was -- at eight months old -- four months old diagnosed with neuroblastoma, and it broke her spine. And she was given 2 percent survival rate. She's now 30 years old, and my brother -- she's the only living cancer patient of her year and for the five years following, and it's because my brother gave her cannabis. So I knew it was good for cancer, but I didn't know it would have neurological things. So this dear friend of mine said, yes, I think that it can. It made a difference. I got so better, I took three of the oldest grandchildren who had just graduated high school across the country on a cross-country road trip for their graduation. And I got out to California and I started noticing these people, they're well, they're happy. There's clinics on the corner. There's dispensaries, and it's -- you don't smell it everywhere. They're not hanging around the streets, you know, having big parties. And I started -- so I really wanted this to happen here in a bigger way. So here I am anyway. Very quickly. I went to school. I went back out there. I went to school. I learned a lot. I came back here. I educate patients who are just starting out. A lot of elderly patients who have been diagnosed with cancers and those kinds of things. But for anybody that's interested, in the newspaper, Mr. Klatzkow, I saw that you were concerned about the names of the cannabis, and you wrote that in the paper, and -- CHAIRMAN SOLIS: That's not Mr. Klatzkow, just so you know. MS. CAIN: It was in the paper last night. So I got some names of beer, so just -- this is a little joke here. But one of them is the "B" word Creek beer. Another one is Bitter October 23, 2018 Page 108 Woman from you know where here -- beer. Another one is Butty Bach. Everybody can make fun of things with names, and that is the culture. CHAIRMAN SOLIS: Thank you. MS. CAIN: Thank you. MR. MILLER: Your next speaker is Donald Ketterhagen, and he will be followed by Jason All. DR. KETTERHAGEN: Good morning. My name is Dr. Donald Ketterhagen. I'm a retired obstetrician and gynecologist. I practiced here in Collier County from 1978 until I became disabled about 2000. During that time, I had my hand involved, literally, in about 4,000 births. Now, if you take those 4,000 births, count their parents and then all their siblings, we're probably talking somewhere in the neighborhood of 15,000 citizens that I can relate to in this county. As they age, they're developing the medical conditions that you've so eloquently heard described today. And I'm going to be short today, because all I have to say to you is you have an opportunity. It sounds like you need to change something with the land use in order to make it happen. It isn't just saying yes, let's go ahead and have dispensaries. There's obviously more to it than that, or I'm sure that all five of you would have already done it. The cause is just, the need is great, and I just urge you at this point in time to do whatever you have to do to make it possible for the citizens of your county to obtain legal medical cannabis within the county borders. Thank you very much. MR. MILLER: Your next speaker is Jason All, and he will be followed by Linda Abbott. MR. ALL: Good afternoon. I want to thank the Commission for allowing me the time to speak today. October 23, 2018 Page 109 I am a medical marijuana patient. I'm also a cancer survivor. Seven years ago I was diagnosed with leukemia, and that's a diagnosis that I didn't think I was going to come back from. When you hear cancer at 33 years old, it shakes you to your core. Followed by 27 straight days in the hospital, waiting for my counts to rebound, I turned another year older, had a birthday, I lost my first grandparent, wasn't able to medically be cleared to go to the funeral; very close with my grandfather. That probably hurt more than the cancer and everything else and the shingles and the hives put together. I tell you what I did, though. After the bone marrow biopsy that very first day and after the morphine and Ativan cocktail elixir wore off, I went for my first chemo treatment. And I believe to this day I met my angel in that treatment room. There was another fellow cancer patient, and she was from an adjoining state where medical marijuana was legal. My state it was not. And very next day she brought me in a little bit of her medical marijuana, and I illegally try it, and I'd be happy to say I'll do it a thousand times over again, a thousand times, because what it did do for me, it alleviated many symptoms, many symptoms. I could go on. I have a list. I'm going to give you the top five or six: Depression, a lot of depression going on in 27 days in a hospital bed after you lose your grandfather, and you can't go to his funeral; anxiety; my appetite. I was the only one that gained weight on chemotherapy, if you can believe that; nausea, zero. Zero nausea; let alone the aches, the pains; headaches; body aches where my port was, you name it. But above and beyond everything, it was my mental health, my disposition. I was able to cope. And that's why I moved to Florida. And Collier County is not doing me any favors because not only do I have to drive an hour and a half, it's the availability of the product that October 23, 2018 Page 110 I need that works for me. Not all of it works. Product availability. CHAIRMAN SOLIS: Thank you. MR. ALL: Seventy percent -- CHAIRMAN SOLIS: Sir. MR. ALL: -- Collier County residents are at Trulieve; 70 percent of their orders. CHAIRMAN SOLIS: Thank you. MR. ALL: Okay. Thank you. (Applause.) MR. MILLER: Your next speaker is Linda Abbott. She'll be followed by Sarina Nichols. Is Ms. Abbott present? (No response.) MR. MITCHELL: Sarina Nichols. She will be followed by Yvette Stafford Jones. MS. NICHOLS: I'm going to start with I'm also very disappointed that we are even here today discussing this; very disappointed. Four years ago you should have done your research, and you're like children that haven't done your homework; some of you, some of you. I specifically also will call out Donna Fiala and Penny Taylor. CHAIRMAN SOLIS: Ma'am, let's -- I'm going to ask everybody -- MS. NICHOLS: I'd like to finish, sir, and I'll be respectful. CHAIRMAN SOLIS: Well, I'll let you finish, but I want to ask everybody to be respectful. MS. NICHOLS: I'm doing so. I have the right to speak, sir. CHAIRMAN SOLIS: This is a very serious issue. MS. NICHOLS: I agree. CHAIRMAN SOLIS: We all take it very seriously, and so I'm going to ask you to be respectful. October 23, 2018 Page 111 MS. NICHOLS: I'm doing that, sir, and thank you for your injection. Thank you. I'll go on with what I was saying which is that you have the opportunity here to do the right thing. As other people have said, please do the right thing. I don't know if you've noticed, but there's a lot of pain in this room that people are sharing with you, okay, a lot of pain. They are asking you to help them to please help them alleviate just a little bit. It's not difficult for you to do if you would please consider this. And what I want to say to you is, why did you get into public service? Because most of you would probably answer, as most elected officials would, to improve your community so that you could do something good for the community, right, so you can have a positive impact on the community, on the voters, the people that voted you in, your constituents. I'm asking you to think about that you have the opportunity here today to do the right thing and to do something good for your community to help alleviate pain. And as many people have discussed, the delivery is one portion of availability for patients, for some patients. We need that local access. And I just -- I could go on for hours and days about this, as we all could and have. So, again, I'm going to repeat, please, I respectfully ask you to not ban dispensaries; vote in favor of the change to the land use code that is necessary. Please do not continue to be an obstructionist on this issue. It is not going to bode well for you politically anyway. So just please don't do what you have consistently been indicating you're going to do. Do the right thing. Just please do the right thing. Do the right thing. Do the right thing. Please do the right thing, Penny. Please do the right thing, Donna. Please help us. Please help us. October 23, 2018 Page 112 (Applause.) MR. MILLER: Your next speaker is Yvette Stafford Jones, and she will be followed by Mac Strong. MS. JONES: My name is Yvette Stafford Jones. I'm with the Crohn's Charity Service Foundation, and you know that medical marijuana is like a life saver for our Crohn's patients. And I just want to -- I want to shout out to Victor Espinosa and also Michael. Usually the Crohn's patients don't come out. You know, this is a very nasty disease. And they come for help, and they don't show up. They get the help, and they go back and hide. But I don't want to get into that. You heard a lot of stuff today. What I wanted to focus on today is that Jeffrey was talking about an event. I just want to let you know about the education that we have built up in this community. His event that he talked about is going to be in Cape Coral today. This is an event that anybody can go to today. And you have top doctors. You also have Shannon Livingston from the Livingston Foundation. You'll hear the names repeating over and over again. We're the advocates that has been standing before you for so long. Also Shannon Livingston is having her event at the Ritz-Carlton on December 1st. So, actually, the education and this -- guys, this what you should go to. This is going to be a lot of fun for you, really, and a lot of education. And her title just explains, you know, your brain on drugs, cannabis and pharmaceuticals. So it ties into a lot of stuff that you sent them out to go and get research on; a lot of information on that. And, of course, mine's January 7th. I am having a forum. I was asked by the Unitarian Church here in Collier County, could I speak or get people together to find out more information about cannabis, and I did. I went to Shannon. She'll be there. I got top doctors: Dr. Barry Gordon, Dr. King, and we also have Irving Rosenfeld. Irving October 23, 2018 Page 113 Rosenfeld -- there's three people that United States government has been given marijuana joints to since the '80s, and he will be there to speak. So he signed up. Dr. Sonn and also Mike Minardi for Regulated Florida. So I just wanted to let you guys know that. And it's more information. Everyone knows how to get in contact with me. Thank you. (Applause.) MR. MILLER: Your final registered speaker is Mac Strong. MR. STRONG: Hey, Commissioners. My name is Mac Strong. I'm the vice president of patient access with My Florida Green. We are a statewide medical marijuana certification company and are honored to serve the residents of Collier County. Our COE, Nick Garulay, was unable to make it today. I do have some prepared remarks that I'd be honored to share with you. Ladies and gentlemen of the Collier County and Commissioners, I want to personally thank you for the amazing job you've done keeping our community clean, safe, and thriving, and because of your efforts, Collier County's one of the most desirable places to live in the country, and I'm honored to be part of it. I'm very sorry I couldn't be there today in person to attend this meeting, but I share this letter on behalf of our team at My Florida Green and the 2,000-plus patients here in Collier County that we've helped certify. Yes, you have heard that correctly; there are overall 2,000 patients for medical marijuana here in Collier County. I remember standing here at this podium 16 months ago begging for compassion for sick people to have access to medical marijuana. That same day I listened to a very well-respected physician and chief of NCH stand before you and state very clearly that marijuana has no medicinal benefits. I remember that day like it was yesterday because that was the day that I made the firm commitment to myself, my team October 23, 2018 Page 114 at My Florida Green, and the good citizens of Collier County that we would prove them wrong. Well, ladies and gentlemen, we now have over 2,000 case studies with data to prove that not only is marijuana medicine, it can actually entirely change the way people heal, live, and work as citizens of Collier County. Most of us in society are stigmatized. We think that marijuana is a dangerous gateway drug. While we appreciate those concerns, our patients have proven that perspective could not be more wrong. As you may already know, marijuana is safe when used responsibly and has never resulted in an overdose fatality. Meanwhile, over 155 people are dying per day across the country in the opioid crisis. I'll just point out a couple that should help you understand the medicinal values of medical marijuana especially for our friend Dr. Allen Weiss of NCH. One patient came to us two years ago in a wheelchair. She was suffering from severe spinal stenosis. At that time she was taking 13 different medications to help her cope, including opiates and benzodiazepines. We certified her for medical marijuana. Within three months she was moved from a wheelchair to a walker, and three months later than that, she was off of all of her medications, walking without a walker at all, and now holds full-time employment here in Collier County. (Applause.) MR. STRONG: We also have a severely nonverbal autistic child who went from violently abusing his family to being able to go to lunch with his family in just one treatment. We have dozens of veterans who are patients of ours. We are very, very proud to help them. And thank you very much for your service, sir. There are far too many of you that need more help, and we're honored to be part of it. October 23, 2018 Page 115 We have a choice to make today, and it can be for the good citizens of Collier County. Please make the compassionate and ethical decision to give patients access to medical marijuana as an alternative to dangerous synthetic drugs that do not provide the relief that they should. Cordially, Nick Garulay, founder and CEO, My Florida Green, where medical marijuana is made easy. Thank you. MR. MILLER: That was your final speaker for this item, Mr. Chairman. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'd like to ask a question of the County Manager, if I could, please. If I'm -- when we started the discussion on this, we were talking about the necessity of an amendment to our LDC. Is that still the case, the process? Do we need to reinitiate that? MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: Okay. I'd like to make a motion that we do, in fact, do that process again. COMMISSIONER SAUNDERS: I'll second that motion, Mr. Chairman, and would like to make a comment on it as well. CHAIRMAN SOLIS: Anything else? COMMISSIONER McDANIEL: That was why I was hitting the button. CHAIRMAN SOLIS: There's a motion and a second. Further discussion? Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. On the motion, you know, clearly it takes four votes to amend a zoning ordinance. It only takes three votes to direct staff to move forward with that amendment and bring it back, and I think it's important that staff bring that amendment back. I'd like to see it come back fairly expedited, and the reason I say that is this is not a difficult October 23, 2018 Page 116 issue in terms of the legal issues. There's been discussion about this now for a couple of years. And so I don't want to see a six- or eight-month delay in bringing something back. I think it can come back a little more quickly than that. So I'm seconding the motion and look forward to having a public hearing on the LDC and the zoning change to make this happen. My rationale for doing this, quite frankly, is that one of the speakers said that there's a lot of pain in this room. Sarina Nichols, I think, said that. We've had these types of discussions now for a year. I was one of the proponents for delaying the implementation or the placement of a pharmacy because I was waiting for some action from the Florida legislature to give us a little more guidance. Well, we're not going to get that. And I was pleased when staff visited one of the facilities and was not surprised at the result in terms of the way they're controlled and that sort of thing. I didn't answer your question -- the question was raised as to how many of us had visited one of these pharmacies, and I've actually visited two of them, not in Florida but in other states, and found the same thing in terms of the control, not people hanging around. I went into one as a visitor in Colorado back before recreational marijuana was legal, and I was quickly asked to leave because I didn't have a medical marijuana card. So there weren't people going in and out and hanging around. So I don't see this as presenting a significant or any, quite frankly, problem in the areas where these facilities may ultimately be located. So that's my rationale for seconding it. I hope that we have a sufficient vote on the Board to move this forward when it comes back. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And, you know -- and, October 23, 2018 Page 117 Commissioner Saunders, you've always got to one-up me, because I visited one, and you did two. So that just starts the conversation. COMMISSIONER SAUNDERS: If you had said two, I probably would have said three. COMMISSIONER McDANIEL: Exactly. The other point that was made today that I really, really want to emphasize is education. It's imperative that we educate ourselves with regard to the medicinal purposes that come along from cannabis and its utilization. And I ask my colleagues, as we move forward with the next step, that -- because we have, as Commissioner Saunders, pointed out, I did it early on, it's going to require a 4-1 vote to amend our LDC to allow these dispensaries. And I believe that the key to success to get to where we need to go is education. CHAIRMAN SOLIS: And before I call the vote, I just wanted to just urge that, you know, as an advocate myself in my professional life as an attorney, personal attacks is not a good way to get people to see things your way, so -- and we all feel passionately about this, but I would strongly urge everyone -- because I know this is an important issue, you know, it's an important issue to me, but it's an important issue to everybody on the Board. I hope everybody understands that because, you know, we feel the pain that's out there. We see things differently. So I would just urge everyone, as we go through this process, to, please, let's be respectful. And it's just -- it's not an effective way to advocate to -- you know, to not be respectful of other people's views. With that said -- COMMISSIONER McDANIEL: One quick question, if I may, and it's just to ask the County Manager. Commissioner Saunders expressed a timeliness with which to bring this back. When do you think we could actually hear this? MR. OCHS: I'm going to ask my zoning director to opine on October 23, 2018 Page 118 that. CHAIRMAN SOLIS: He already had the changes made, right? MR. BOSI: Mike Bosi, Planning and Zoning director. We've went through this process -- (Multiple speakers speaking.) COMMISSIONER McDANIEL: Yes, we did. We know that. MR. BOSI: -- with the Planning Commission, we have recommendations from those. I'll have to check with the County Attorney's Office to make sure there's no statute of limitations in terms of how long those recommendations can last. But, essentially, because it's a binary question, we can either -- we would prohibit them or we allow them as a pharmacy with the 500-foot. So there's -- the same question is going to be asked again. So I think we could probably circumvent this, and we will be able to get this to the Board of County Commissioners within the -- within a three-month window I would believe that we could have this back. COMMISSIONER McDANIEL: And that was where I was looking to go within -- so thank you. CHAIRMAN SOLIS: Very good. Commissioner Fiala. COMMISSIONER FIALA: Yes. Some of the things we've read, especially through the state legislature -- I'm sorry -- COMMISSIONER McDANIEL: Up on the mic. COMMISSIONER FIALA: -- is what's happened with they introduced cannabis, medical marijuana, into other areas like, for instance, Colorado and Oregon and things like that, and how it quickly erupted into a lot of other things. You see people like Jeffrey, for instance, you know, you just want to give him that, because he needs that stuff. You want to help them. But how do you stop other people from taking advantage of something that's simple to help people that really, really need it? There's the question, that's what's bothering me. October 23, 2018 Page 119 CHAIRMAN SOLIS: Please. COMMISSIONER FIALA: Okay. You've settled my vote. CHAIRMAN SOLIS: Let's -- again, you know, this is not the way to change someone's view. You know, I think the issue is that it's regulated, so you have to have a prescription. But, anyway, I mean, let's -- again, let's be respectful. Anything else? Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: One quick comment on that. In terms of the issue of legalization of recreational marijuana, there's no question that in some states, there was a game plan to go to medical marijuana then to recreational marijuana. I think it's pretty well documented, but that's not what we're talking about here. If there's going to be an effort to legalize marijuana in 2020 or in 2022, that really is irrelevant to what we're doing. Nothing we do today, nothing we do when this ordinance comes back is going to have any impact whatsoever on the issue of legalization of recreational marijuana. That's on a track. It may happen. It may not happen. But this will not have any impact on that. And so I think the issue that you need to focus on is if you believe that this is a legal drug, which it obviously is, and if you believe the testimony from all of these people that have come out here and expressed some very personal stories about their pain and their suffering, if you genuinely believe the folks that are out here, then I think the vote is fairly simple: We should help these folks. We're not going to create a problem. We're not going to lead the way to legalization of recreational marijuana. COMMISSIONER FIALA: How do you know? COMMISSIONER SAUNDERS: How do I know? CHAIRMAN SOLIS: It has no precedential value. COMMISSIONER SAUNDERS: There is no -- it's just not October 23, 2018 Page 120 going to happen that way. If it's going to happen, it's going to happen regardless of what we do, period. It's not -- UNIDENTIFIED SPEAKER: Who cares? COMMISSIONER McDANIEL: You're not allowed to speak. COMMISSIONER SAUNDERS: That's my point is that -- COMMISSIONER McDANIEL: Let's call the question. CHAIRMAN SOLIS: This is a Land Development Code issue related to medical marijuana. I agree with Commissioner Saunders; if somewhere in the state someone wants to bring this -- the legalization for recreational use, that's not what we're asked to review here. I mean, there are -- as we've seen, there's people that benefit from it. We have a very narrow issue that can't be relied upon for some future legalization for recreational use. It just -- COMMISSIONER McDANIEL: Correct. CHAIRMAN SOLIS: There's no basis for that. We have a very limited issue. It's a yes or no, and the statute -- in that way the statute is very clear. So any other comments? (No response.) CHAIRMAN SOLIS: There's a motion and a second. Mr. Attorney? No? There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN SOLIS: Very good. That's where we are. MR. OCHS: Mr. Chairman, I'm assuming the Board wants to take a lunch break at this point. October 23, 2018 Page 121 CHAIRMAN SOLIS: Yes, sir. Let's -- MR. OCHS: You had a 1 o'clock, so we'll come back after lunch and hear that item. CHAIRMAN SOLIS: Hear that one immediately after lunch. COMMISSIONER TAYLOR: Unfortunately, today I'm going to need to leave at about 2:30, so if there's any way we could have a lunch break that isn't a full hour, I would greatly appreciate it. CHAIRMAN SOLIS: Forty-five minutes. Is that sufficient? COMMISSIONER FIALA: We don't have any -- I have to go out and get it and come back. COMMISSIONER McDANIEL: I've got half a ham sandwich. MR. OCHS: 1:45? CHAIRMAN SOLIS: 1:45. We'll get you a lunch; 1:45. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. We're on our 1 p.m. time-certain hearing, so we're right on schedule, as Commissioner McDaniel would say. Item #11F RECOMMENDATION TO APPROVE THE EXPENDITURE OF UP TO $50,000 FOR PROFESSIONAL ENGINEERING SERVICES TO DEVELOP A CONCEPTUAL PLAN THAT PROVIDES TEMPORARY SHALLOW DRAFT BOAT ACCESS INTO VANDERBILT LAGOON VIA WATER TURKEY BAY AND AUTHORIZE THE COUNTY ATTORNEY TO PREPARE FOR PUBLIC HEARING AN ORDINANCE ESTABLISHING THE VANDERBILT WATERWAYS MUNICIPAL SERVICE TAXING UNIT (MSTU) TO RAISE FUNDS NEEDED TO REIMBURSE THE COUNTY FOR PROJECT EXPENSES AND LONG-TERM MAINTENANCE OF THE CHANNEL – MOTION TO APPROVE – October 23, 2018 Page 122 APPROVED This item, again, is 11F. There is a recommendation to approve the expenditure of up to, excuse me, $50,000 for professional engineering services to develop a conceptual plan that provides temporary shallow draft boat access into Vanderbilt Lagoon via Water Turkey Bay and to authorize the County Attorney to prepare for public hearing and ordinance establishing the Vanderbilt Waterways Municipal Taxing Unit, MSTU, to raise funds needed to reimburse the county for project expenses and long-term maintenance of the channel. Mr. McAlpin, your coastal zone management director, will make a presentation. MR. McALPIN: Thank you, Leo. For the record, Gary McAlpin, Coastal Zone Management within Collier County. Leo's just put up on the visualizer an orientation map that we have. And you can see that we have Wiggins Pass up here to the north that the county maintains and dredges on a regular basis. To that we have -- to that we have the Water Turkey Bay channel which comes in here and feeds in the Vanderbilt Lagoon area. Water Turkey Bay channel is essentially blocked at three locations where we have excess fill right here at the mouth of the -- at the pass location, this location right in through here, and another location there. These blocks basically are a hazard to navigation and, if the boaters are not familiar with local conditions, are a safety issue. The county has had a policy that the county does not dredge inland water bodies that do not serve or benefit the entire population. And this channel that you're looking at, the channel, the Water Turkey Bay channel that we're looking in there has a direct benefit to a specific population of property owners, boaters, and end users. October 23, 2018 Page 123 And there is a group that has been just recently formed which is the waterway -- the Vanderbilt Waterways Group. This is not a new occurrence. The channel has been shoaling in over the last 12 years. It's something that the property owners are aware of. We have been talking to them for over -- for quite a while now; that this is their responsibility, and this is not caused by Hurricane Irma. So what we have -- and as we've gone through this, we've transitioned to discussions on a private/public partnership into the formation of an MSTU. And the private/public partnership wouldn't work because the county -- any way you looked at it, the county would be coming in and would be funding the dredging and would be funding the initial engineering, and that would -- that would establish an unwanted precedent where we, the county, were dredging interior channels with limited public benefit. So long term we're looking at this location where we need to support and work with the Vanderbilt Waterways Group to establish a county-mandated MSTU, and short term we need to provide the temporary shallow draft boat access, and the county would need to step up and work with the federal and state agencies to obtain emergency permits at the three locations. We would need to survey the channel, determine whether it's beach-quality sand or not, because that makes a big difference on the cost. If it's not beach-quality sand, we need to look at a place where we could take that material and dewater it. And then we would have to take that material and dispose of it in an upland source that would be determined by DEP based on the characteristics of what was in the soil, and that gets very expensive. We're asking for $50,000 to do the preliminary engineering, do the sand analysis, do the work associated with coming back to you with a conceptual plan and cost structure that would tell you what we had to do and what was the next step. October 23, 2018 Page 124 We would only be working towards a temporary solution so that we would take the three locations that we had shoaling in, we would dredge them, and we would develop a plan that would last for a couple of years until an MSTU was up and running. So we're not going to do something that's permanent. We're going to do something that would be adequate enough until a county-mandated MSTU could be up and running, and they could dredge the channel and provide funds to long-term maintenance. So being consistent with what's happened in the past, this would benefit the property owners, and the property owners that are benefited would be the ones who would be responsible for paying them. The county would enter into funding that would be reimbursed, and it would be reimbursed, most likely, initially the $50,000 from the unincorporated area general fund, and then long term for the dredging, it could be either a county fund, or they could seek their own financing at that point in time. But all work that the county would do would be reimbursed. Now, the issue is, is that long term the cost, the construction cost and the dredging cost for this would be -- would be excessive. We think that it's going to be in excess of a million dollars, and that's because of the material handling that we have to deal with on this. But the conceptual plan will tell us that. So is Michelle here? Michelle, is there anything that you would like to say about the MSTU and establishing the MSTU? MS. ARNOLD: For the record, Michelle Arnold, Public Transit and Neighborhood Enhancement division director. We've looked into the values of -- the property tax values in the area that we're considering, and depending on, you know, what millage rate is set, we believe that there would be at least -- if you were to establish a millage of five mills, we believe that, you know, that they could generate as much 500 -- October 23, 2018 Page 125 COMMISSIONER TAYLOR: Five mills? CHAIRMAN SOLIS: Point 5. MS. ARNOLD: Yeah, point 5 mills. COMMISSIONER TAYLOR: I will be breathing a sigh of relief. MS. ARNOLD: They would generate about 500,000 for the year. So, I mean, that's something that we could easily get. If the project costs would exceed a million dollar, it's something that could be generated over time or reimbursed to the county over time. CHAIRMAN SOLIS: And a lot of that cost is going to depend on whether or not the sand's usable for the beach -- MS. ARNOLD: Right. CHAIRMAN SOLIS: -- and all that. MR. OCHS: Commissioners, could we just talk about the schedule for the MSTU and why it's important we get some decisions made before the end of the calendar year? MS. ARNOLD: Yes. There's a requirement that we establish an MSTU before December 31st of this year. At the time of establishing the MSTU, the Board just needs to have that in place. The actual millage rate can be established after the study comes back with regard to, you know, what needs to be done with the study, and then we determine the actual cost. So that can be done prior to the next fiscal year. We establish it -- if the Board establishes the MSTU by December 31st, the actual millage will be set in place for the next fiscal year, October 1st, 2019. CHAIRMAN SOLIS: Okay. There's several commissioners who would like the questions. Do we hear the speakers first, or would you like to -- what's your -- COMMISSIONER SAUNDERS: I was going to ask -- I'm assuming that everyone in the audience is here in support of this particular issue, and perhaps they would have no objection to a motion October 23, 2018 Page 126 to approve this as stated, and we can short-circuit the 30 minutes of public comment. So I'll make that motion, unless somebody has an objection. COMMISSIONER TAYLOR: And I'll second that. UNIDENTIFIED SPEAKER: We're all good. COMMISSIONER TAYLOR: Speak now or forever hold your peace. CHAIRMAN SOLIS: So you're -- that's it? COMMISSIONER TAYLOR: That's it. CHAIRMAN SOLIS: Okay. COMMISSIONER FIALA: Yes. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: I have a question. So if they're starting the collection, say, next year for this thing, how long does it take to collect the money before you do the dredging, or can you do it in advance and pay yourself back? MR. OCHS: Let's ask Gary first to talk about the projected schedule for the actual dredging, assuming that the engineering study, you know, tells us that it's not beach-compatible sand. MR. McALPIN: The work for the engineering study is -- working with the agencies is probably going to take 90 to 120 days, and at that point in time, then we could look at going out for bid and doing something. And assuming the bid would take another couple of months to pull that together, we would be looking at something in the range of six months, I believe, Commissioner, before we could actually go out and start the dredging. The dredging will take no time at all, basically, to deal with that. It will be all the upfront work that is associated with this issue. And that -- once we know the conceptual plan, then we will know what the cost for the construction should be, and then the MSTU could look at what the long-term maintenance needs are and factor that into the costs October 23, 2018 Page 127 that -- the millage rate costs. So that's how I see it. COMMISSIONER FIALA: This already silted over, Gary? MR. McALPIN: Yes, ma'am. The pass is silted over in three locations. COMMISSIONER FIALA: Okay. MR. McALPIN: It's accreted in three locations, and that's what we want to open up enough so that it will last a couple years or maybe three years until a permitted MSTU can be established. COMMISSIONER FIALA: Okay. And you won't get the money until next year's taxes, right? MR. OCHS: That's correct. COMMISSIONER FIALA: You can advance -- what I'm trying to find out is if they can go and borrow from another pot and repay it. That's where I'm going with this. MR. OCHS: Yes. COMMISSIONER FIALA: I understand the need for it, but I was just wondering what happens until the MSTU kicks in and they get some money back. MR. OCHS: Yeah. The concept is to advance that funding from the Board to be repaid back from the MSTU. COMMISSIONER FIALA: Okay. Yeah, I think that we needed to know that. Thank you. MR. OCHS: Yes, or, frankly, if they find a more attractive outside financing source like we used at Santa Barbara -- East Santa Barbara and Radio Road, that's an option for the MSTU as well. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: And I've gone through there and it's -- you really have to know. COMMISSIONER TAYLOR: You can see it. CHAIRMAN SOLIS: -- where you're going and how you need to go to make sure you don't run aground and, yeah, it's a little precarious October 23, 2018 Page 128 at low tide, to say the least, if you don't know where you're going. COMMISSIONER FIALA: I thought it was urgent, yeah. That's why I asked the question. It can't wait. COMMISSIONER McDANIEL: Well, I had two questions, and one I wanted to ask you, Commissioner Solis, because this is down home in your district, and I wanted to make sure that your residents -- and there's a sufficient group here -- that are okay with the self-taxation that comes along with this. I have a question that the MSTU -- Gary, it looks like the boundaries of this stops before we get up to Wiggins Pass. MR. McALPIN: Commissioner, we would extend that, this area, until we get up to the Wiggins Pass intersection. COMMISSIONER McDANIEL: So we're going to make it so that we can, in fact, get there? MR. McALPIN: Yes, sir. COMMISSIONER McDANIEL: All right. Now -- and this is may be just a discussion at some future point. I don't want to belabor it too awful long. But once we end up with a boat ramp of sorts so that there's greater public benefit that could come from this pass being open, then we can make adjustments to the actual taxation that the folks are paying for. So I'm happy to hear that they're here, so... CHAIRMAN SOLIS: Yeah. No, this was actually brought forward. They spoke six months ago, I think. They brought a petition forward, and this has been something that's obviously been happening for a while. It was apparently dredged back in the '90s. I mean, it would last hopefully more than three years because it seemed to have lasted quite a bit last time. MR. McALPIN: It was dredged over 20 years ago, and it has maintained an operational status for a long period of time, and now it's just non-usable. October 23, 2018 Page 129 CHAIRMAN SOLIS: Okay. Very good. So there is -- anything else? (No response.) 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: It's unanimous. MR. McALPIN: Thank you, Commissioners. (Applause.) CHAIRMAN SOLIS: Thank you. MR. OCHS: Thank you, Commissioners. Mr. Chairman, given the fact that Commissioner Taylor has to leave in a little while, I wondered if it would be okay if we took the stormwater utility item before she left. CHAIRMAN SOLIS: Sure. Absolutely. Item #11G RECOMMENDATION TO ACCEPT AN UPDATE ON THE STORM WATER UTILITY INITIATIVE AND PROVIDE DIRECTION TO THE COUNTY MANAGER TO DEVELOP A MODIFIED PROGRAM FOR FUTURE BOARD CONSIDERATION BASED ON THE RECOMMENDATIONS OUTLINED IN THE STAFF REPORT – MOTION TO CONTINUE TO THE MEETING ON NOVEMBER 13TH BCC MEETING – October 23, 2018 Page 130 APPROVED MR. OCHS: So with that, we'll take Item 11G. This is a recommendation to accept an update on the stormwater utility initiative to provide direction to the manager to develop a modified program for future Board consideration based on the recommendations outlined in the staff report. Mr. Cohen will begin the presentation this afternoon. MR. COHEN: Thank you. Thaddeus Cohen, department head, Growth Management, for the record. Thank you, Mr. Chair and Manager. So we're going to make this quick while they figure out the technology here. I'm always -- oh, there. Sorry. Back in September we had a little rough go with the stormwater utility conversation, and you asked us to come back in October as to how we could think about moving forward, and we had a very good conversation with each of you as to how we're thinking about that. And as you know, there's three components that we're looking at, which is the flood control, water quality, as well as the regulatory construct. Most of you, obviously, are familiar, but we'll show it for the public, in particular, the key challenges of our systems. Aging infrastructure; it was interesting that we'll be talking with John Mullins as to how we can take some of these projects and include them as part of the legislative request that we can have going forward; that we're looking at two components. One is the maintenance side of the house, and the other is capital. And as we look at those, we're trying to be thinking about our guiding principles to be proactive in our maintenance rather than reactive because of the cost that is concerned. We have an extensive system that you're all familiar with. October 23, 2018 Page 131 And one of the key components, I think, as we continue to have these conversations with the community is whatever we do, we want to be able to keep moving towards an industry standard, particularly on the maintenance side. And then on the capital, you'll be talking about the AUIR in another month or so. But, clearly, we have somewhere in the neighborhood of $120 million identified in stormwater capital needs that need to be addressed over the next seven years, and then we have a series of projects that we have on hold currently that we talked to you about because of our lack of funding. So, clearly, as we're thinking how we are going to construct this as we go forward, those are the things that we're trying to stay focused on. We met with you in September at the budget hearing. Since then we've had an opportunity to go out and talk to the Golden Gate Estates Civic Association in September, and we also had an initial meeting with the Productivity Committee to kind of bounce some preliminary ideas off of them as to how we thought we might be able to move forward. That was at the suggestion of the manager. So as we go forward, there's a targeted outreach that we're proposing; that we would pull together a citizens steering committee that will allow us to be able to be sure that the next recommendations that we come with have much more communications with outside communities. One of the areas that we're going to take a look at is the presidents of the homeowners association as an opportunity, again, to spread that message and get input a little bit better than we did the last time; additionally, being able to talk to the CDDs as to some of their concerns. One of the things we heard is how we will handle public schools and government buildings and how they're being assessed, and I think we can more clearly address those issues. October 23, 2018 Page 132 And as you heard from the residents, one of the things of particular concern was we had a map on our website which we have since pulled down, but whether the data was accurate. And we've had an opportunity to scrub that to be sure that the kinds of conversations we have on the things that are important to the citizens as to what their properties do and don't do, that the data -- we're all working off the same database, and we'll have a chance to clean that. One of the concerns that we heard also in the takeaways is what are the projects we'll be able to do so that that can be monitored over a period of time. As you know, we've got a $33 million deficit that we've talked about, as well as $120 million in backlog. So we're prepared to move forward with a series of projects if we're fortunate enough to be able to move this forward. The other takeaway that we have was how do we address large lots. There's some benefit that you heard from the community as to how it is that we could address those, but part of the option is what we can do to take a look at that on a holistic basis. Commercial property owners, being able to work with them a little bit sooner so they can budget for what these costs may be. Older developments, how we might be able to pull them into the process through permitting and being able to offer them some sort of incentives to be able to upgrade their properties is something that we can talk about. We've talked to the churches. They do great work in the community, so how we might be able to offset some of the costs and concerns that they have either through credits or possibly a buy-down. There's a lot of conversations that we're having as to how we can think about this. And then, again, what we're hearing, again, is the communications aspect of it. Will the funds be diverted? No, because it will be a dedicated source of funding. And we learned from the very October 23, 2018 Page 133 technical document that we sent out that was a statutory requirement, that created great concern in the community; that probably we should put a cover letter over that in plain English that really describes what it is that we're trying to do to allay some of the fears that people have as to whether or not, if this passes, quote, you can take my home, which is clearly not the case. But I think, again, through a communications strategy, to clearly have people understand what the nature of this stormwater fee would do, I think, will be greatly helpful as we try to move forward. So what are the next steps that we're asking for today? We're looking for your approval to allow us to continue to have this outreach in the community. As you know, we've already, from the last conversation we had, capped this for residents at $192. So the ideas that we have going forward will be an opportunity to reduce that even further to lessen the burdens on the citizens. What large lots do. There's lots of conversations we've had with each of you on ideas that we would be able to explore. This will allow us the opportunity to explore those further. We've talked about opportunities for offsets for the churches. We've already removed unpaved surfaces to make it more simple to understand. And then, again, a clear communications strategy so that we can keep people informed of what we're doing going forward. With today's hopeful approval, with your permission, we will come back in January for you to be able to move forward with a statutory requirement. In our executive summary we'd probably place it more in English so that it could be clearly understood, which is nonbinding, but allows you to say that if you move forward the instrument is available for you to do that later in the year. And then in February, having worked with the citizens, having worked with the steering committee, we would then come back to you with recommendations on how we believe we could move forward on October 23, 2018 Page 134 this stormwater utility. That's the basis of the presentation. It kind of outlines where we are today and, hopefully, with your approval, we'll be able to continue to have these conversations and be able to move forward with an offer of a recommendation to you in February. Thank you. CHAIRMAN SOLIS: We have public speakers. MR. MILLER: Yes, sir. I have three registered speakers. I'm not sure that -- I'm sorry, four. I'm not sure that they're all here, though. CHAIRMAN SOLIS: Okay. Do we want to hear from the speakers first? COMMISSIONER FIALA: Sure. COMMISSIONER SAUNDERS: I was going to make another comment about -- CHAIRMAN SOLIS: Similar comment? COMMISSIONER SAUNDERS: Well, not -- similar in some respects, and I'll go ahead and make the comment. We have an election in two weeks, and obviously we have the ballot question dealing with the sales tax. And I had a great conversation with staff yesterday, and my initial reaction yesterday was, yeah, let's go ahead and move forward with this, give staff the direction to move forward, but as I've sat here today thinking about this, I felt that I would personally prefer deferring this until our meeting after the election, which will be our first meeting and only meeting in November, because if that referendum passes, that's going to have an impact on how I want to proceed with this. If it fails, it's also going to have an impact. So I know staff is only looking for direction to proceed, but I would like to defer this until the meeting in November. CHAIRMAN SOLIS: Does that present an issue with the timing for the -- October 23, 2018 Page 135 MR. OCHS: No. MR. COHEN: I was going to say no, Manager. MR. OCHS: No. CHAIRMAN SOLIS: All this is is to have the option to -- MR. CASALANGUIDA: Right. CHAIRMAN SOLIS: -- collect it through the -- with ad valorem taxes. We're not levying anything. COMMISSIONER TAYLOR: No. Oh, no. I mean -- and, frankly, we're not even saying that that's what's going to happen. CHAIRMAN SOLIS: Right. COMMISSIONER TAYLOR: We're just saying, do your homework, staff, talk to the community, bring back their input. CHAIRMAN SOLIS: Right, right. And if something does happen, then we've dotted our I's and crossed our T's in terms of the Tax Collector. COMMISSIONER SAUNDERS: The concern that I have is the article in the paper about this will be staff -- and staff has given direction to proceed with the development of the stormwater utility fee. That will come out in the next couple of days in advance of the election. And there are going to be some people that are going to sit back and say, well, wait a minute, why should I vote for a sales tax when I'm going to be paying $192 for a stormwater utility? And so I if vote on it today, I'm going to vote against this today because -- if the Commission moves forward -- and that's fine. That will be a 4-1 vote, perhaps. COMMISSIONER McDANIEL: Four to two (sic). COMMISSIONER SAUNDERS: Or it will 4-2 -- 3-2. But I just think that -- I hate to use the term "optics" because everybody uses that in the media, but I just don't think it looks good for us to be directing staff to move forward with a stormwater utility 10 days before we have an election on a sales tax when we could do it in October 23, 2018 Page 136 two weeks anyway. That's all, so -- MR. OCHS: Mr. Chairman -- CHAIRMAN SOLIS: There's no timing issue. MR. OCHS: -- there's no staff objection or concern about continuing this to the November meeting if that's the pleasure of the Board. COMMISSIONER McDANIEL: Well, let's have our discussion before we just -- CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: -- go on down that path. Commissioner Fiala. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Oh, yes. Excuse me. Also, while you were talking about the letter in writing to people, would you show us the letter first before you send it out this time? MR. OCHS: Absolutely; will do. COMMISSIONER FIALA: Because I don't know about anybody else, but I was on vacation, and I didn't even know the letter was being sent. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Okay. And the second thing is -- and you talked specifically about large lots. I would think those large lots are more permeable than the ones that are close in where everybody's cemented in. Why would you charge the large lots more money when they have so much permeable space? MR. COHEN: Well, what we're doing is we're trying to see if we can come up with a system where we can help lower their cost. So a credit may be one avenue to go in that direction. So, for example, if you're between, say, one acre and five acres, you may get a 15 percent credit because you are a large lot. And if you're larger than five acres, maybe it's a 25 percent credit. So that would reduce your 192 by 25 October 23, 2018 Page 137 percent and 15 percent in recognition of the fact that those large lots, as you correctly point out, are more permeable. And so, therefore, that's the value that we may be able to decide makes sense. So that's part of what we want to be able to pursue. COMMISSIONER FIALA: I'm just going to repeat what I said to you guys in my office yesterday. Keep it simple, stupid. That's what we are always trying to do, and that -- credits and so forth, all of a sudden now that gives them arguing points, and I don't think that that's going to help us any. I think that that's too cumbersome. But this is just Donna Fiala's opinion. MR. OCHS: Yes, ma'am. MR. COHEN: Point well taken. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. First off, I concur with continuing this but for separate reasons than Commissioner Saunders. I think if you -- I'm not in favor of this. I'm voting against this as it's currently put to us today because this delineates a predetermined outcome with having not reached out to the community. There are suppositions on that particular sheet up there that talk about adjustments to the maximum amount and assessments to the $192 for residential. I have staunch opposition for charging not-for-profits and churches at all; government facilities at all. I think the fee structure as -- I think the entire metrics as it's been determined to date is flawed and cumbersome and very, very difficult for people to understand, and I cannot go forward with this in this particular form and format. Now, if it helps Commissioner Saunders with the thought processes of continuing it until after the sales tax -- my concern with that, Commissioner Saunders, is we were pretty specific on the wish list, as I continually referred to it, delineated as to where that one-cent sales tax, should it pass, was going to be spent and then removed off of October 23, 2018 Page 138 that wish list, stormwater, the utility, as such. So we can't replace -- well, I think we probably can replace depending on how the sales tax initiative goes. But I think, if I'm under -- I'm trying to see. CHAIRMAN SOLIS: I'm sorry. COMMISSIONER McDANIEL: That's okay. I think if your rationale is is having this come out right now is going to assist in the potential failure of the sales tax on the premise that -- is that where you're going with it? COMMISSIONER SAUNDERS: Two things: One is I think it sends the wrong message to the voters because the message is we're going to be doing this, and if that sales tax passes, that's a second tax, and I just don't think that that's the right message but, number two, if the sales tax does pass, it's going to impact my feelings about what to do with this. So I need that bit of data. COMMISSIONER McDANIEL: Okay. I understand that. Okay. And, again, now I'm okay with accepting staff's report. I mean, the argument here -- and this is my discussion with staff yesterday. There is no argument with regard to the need. The need has been well established, it's been maintained, and I believe it's largely why my colleagues up here voted for this in the past because the need is real, but the support of the need is what I feel is direly lacking. I sat in the presentation that came from staff to the Productivity Committee. I had another appointment, had to leave, and the committee, after I left, asked their chair to ask me to request the Board to allow the Productivity Committee to be a reviewer of this system and offer up suggestions on how it can be enhanced, alternative funding sources, other avenues supporting these real needs haven't before explored to date by our staff. And that committee asked that they be -- that they actually do October 23, 2018 Page 139 that. So we never got around specifically to bringing that out, but that's another reason why I think we ought to sit tight on this -- on the proposition that's in front of us today. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a motion to continue this item till our next meeting. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Third. Commissioner Taylor jumped in on my second, or I'd have done it. CHAIRMAN SOLIS: There's a motion and a second. There are some public speakers. MR. MILLER: Yes, sir. Your first registered speaker is Garrett Beyrent. MR. OCHS: Hold on. CHAIRMAN SOLIS: Why don't we see if -- given that the -- I think everybody can read the tea leaves. Do the speakers still want to speak if it's not going to be considered today? MR. MILLER: I don't see Mr. Beyrent here. CHAIRMAN SOLIS: Okay. MR. MILLER: Dawn Smith. UNIDENTIFIED SPEAKER: She had to leave. MR. MILLER: Rae Ann Burton. Ms. Burton. CHAIRMAN SOLIS: We're not going to consider it today, so I would suggest -- MS. BURTON: You're not going to consider it today? CHAIRMAN SOLIS: No. It's being -- it looks like it's going to be continued. COMMISSIONER TAYLOR: Till November. MS. BURTON: So in other words, I've got to get up at 6 o'clock and come back? CHAIRMAN SOLIS: If you want to talk about it, you'll have to October 23, 2018 Page 140 get up at 6 o'clock, I guess. MS. BURTON: I will. CHAIRMAN SOLIS: Okay. And your other registered speaker is Michael Ramsey. MR. RAMSEY: I understand. CHAIRMAN SOLIS: Don't -- MR. RAMSEY: I understand. CHAIRMAN SOLIS: Don't mess it up. MR. RAMSEY: It will be quick. Mike Ramsey, president of the Golden Gate Estates Civic Association. After the September 6th public hearing, we had a meeting with GGECA about this, and Nick came and visited, and he past (sic) came to visit, and we had a very open discussion about also a lot of the issue. And it kind of boiled down to three things. It kind of came off Commissioner Saunders' suggestion to relook at the budget. We came up with three points after that to keep considering on this. One is we thought that the proposed budget should be cut by two-thirds so that one-third total remains, and then work from that over three years. Number two, we thought that that suggested cut should extrapolate into reduced fees for businesses, very importantly, and push the cost to residential homeowners to $100 or less per year. And the most important thing that came out of the meeting for consideration was almost everybody in the meeting wanted it to be ad valorem. So keep that for consideration. Thanks. CHAIRMAN SOLIS: Okay? Do you want to speak. MS. BURTON: I would like to make a comment. CHAIRMAN SOLIS: Okay. It's up to you. MS. BURTON: Dawn Smith isn't here because she had to take her father to the doctor. October 23, 2018 Page 141 CHAIRMAN SOLIS: She can't cede you her time if she's not here. MS. BURTON: That's right. She did have a question on the sale tax. It was quoting on Facebook that if the -- by One Collier, whoever they are, that if the one-cent sales tax wasn't passed, property taxes would go up 20 percent, but I don't know. My name is Rae Ann Burton. I live in Golden Gate Estates. Agenda 11G does concern me. I believe this is an unfair tax. It should be -- it is a replacement for collected taxes that was misused and not used. It's a tea tax. The Estates will not benefit. They haven't for years. Our swales and our ditches have pine trees over six feet tall, which has to be there more than one year. It should be on the ballot, and it should be voted by the people. The only way to make it fair is it to put meters that record actual amount of property water runoffs. It's no more ridiculous than the aerial views estimates on your calculations without completely testing the properties' retention or expel the rainwater at all. This taxation -- well, and the property will double our taxes on our property. It will also increase high rents. It will cause -- create higher cost of food and products because commercial business will pass it to us. The data that was stunned (sic) last time was so badly flawed that bushes and shadows were counted as impervious areas. The state states that it can be used for stormwater. What qualifies as stormwater? Recommendations to eliminate unpaved driveways is fine, but what about houses set back? Paved driveways should be eliminated as well. The biggest concern is the property tax. It is a double tax. Collier voters are paying in (sic) about this in September, over October 23, 2018 Page 142 four hours of comments. You were not listening? This should be removed, another way found to replace the money that was misused. The Estates is a stepchild first to be hit for money and the last, if ever, to get the benefit. I thank you, and I thank you -- consider the wishes of the voters. That means you commissioners. Remove this fee. It's double taxation. Thank you. MR. MILLER: That was it, sir. CHAIRMAN SOLIS: Okay. There's a motion and a second. The motion is to continue this item till the November first -- or the only November of meeting. Any other discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Wait a second. Were you in question there, Commissioner Saunders? COMMISSIONER SAUNDERS: No. We were just trying to figure out what day. I think it's the 15th. MR. OCHS: November 13th. COMMISSIONER McDANIEL: November 13th. I know it well. CHAIRMAN SOLIS: 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 continued. MR. OCHS: Thank you. October 23, 2018 Page 143 Item #11C RECOMMENDATION TO AWARD INVITATION TO BID (ITB) SOLICITATION NO. 18-7438, GMD BUILDING NORTH NEW HVAC SYSTEM, TO DEC CONTRACTING GROUP, INC. FOR REMOVAL AND REPLACEMENT OF HVAC AND ROOFING SYSTEMS AT THE GMD BUILDING NORTH, IN THE AMOUNT OF $3,351,932, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT – APPROVED That takes you to Item 11C, Mr. Chairman. This is a recommendation to award an invitation to bid for the Growth Management Department building new HVAC system to DEC Contracting Group, Incorporated, for removal and replacement of HVAC and roofing systems at the Growth Management Building North in the amount of $3,351,932, and authorize the Chairman to execute the attached agreement. Mr. McCormick will present. (Commissioner Taylor left the hearing room for the remainder of the meeting.) CHAIRMAN SOLIS: There's -- COMMISSIONER FIALA: Motion to approve. MR. MILLER: I do have one registered speaker, sir. CHAIRMAN SOLIS: But there is a motion. COMMISSIONER SAUNDERS: And I do have a question. CHAIRMAN SOLIS: Okay. I'll second the motion just for purposes of discussion. COMMISSIONER SAUNDERS: My understanding, this is probably a question for staff and maybe a question for the Clerk’s Office. My understanding is that there has been some difficulty with October 23, 2018 Page 144 making sure that DEC's subs are being paid, and if that's the case, then I just want to see if it is the case, and if it is, then I think we need to talk a little bit about that. MR. OCHS: Dan? MR. RODRIGUEZ: Good afternoon, Commissioners. For the record, Dan Rodriguez, your deputy department head, Public Utilities. Our contractor is here with DEC, the president, and actually he has paid his contractors on two projects fully. He has not paid two contractors because they haven't completed their work, and he had to step in -- they were actually in breach of their contract. And he has the details of that. COMMISSIONER SAUNDERS: I don't have an issue as long as we're not having subs that are not being treated properly. Apparently that's not the case. MR. OCHS: I think I'll look to Mr. Teach if there's any other obligation on the Board's part in this matter. MR. TEACH: Commissioner, Scott Teach, Deputy County Attorney. An issue came up that the Clerk raised last week. We've been in discussions with procurement. We don't see an issue that would be an obstacle for the approval of this item. There was some questions regarding subcontractors. I spoke with Crystal earlier today. We don't see it as an issue. COMMISSIONER SAUNDERS: All right. CLERK KINZEL: I did ring my bell. There is -- and I think the speaker on this agenda item is the person that phoned our office regarding the nonpayment. As I explained to the Commissioners when I met with you yesterday, we have been contacted by two vendors regarding nonpayment on other projects. I spoke with the representative from DEC in the hallway. He's indicated those are individual issues. There would still remain an issue October 23, 2018 Page 145 with the project management, and one of our concerns was that the subcontractor that had called in question was not listed in the documents anywhere in the county's contract or proposals as a subcontractor. That makes it very difficult to look for completion and payment affidavits on construction projects. But we've been working with procurement, legal. We just had not vetted everything. So I understand maybe some of the parties are here that had contacted our office, and the information, we can maybe hear it a little bit today and just make sure that our understanding's correct. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yeah. And, Commissioner Saunders, with regard to that, that was my understanding, that that's not just -- there's an issue with the general contractor who lists -- gives us a list of subs they're going to use on a particular job. And they're required per the main contract to -- and are allowed to adjust subs, but they've got to tell us. And they have adjusted subs, didn't give us proper notice, or our project manager wasn't paying close enough attention. I'm not saying there was anyone (sic) that was done in error; it just -- circumstantially, these subs -- and there are several, if I understood what Crystal -- CLERK KINZEL: That's what we heard. COMMISSIONER McDANIEL: More than one -- that I understood where the general contractor had failed to give the proper notice of the adjustment of the subcontractor, and that was a potential systemic issue, so... COMMISSIONER SAUNDERS: I'm assuming that the DEC has that message, that we need to know who the subs are and -- MR. RODRIGUEZ: We do, absolutely. We talked with Crystal in the hallway, and we will adjust our processes to make sure we're in October 23, 2018 Page 146 compliance, absolutely. CHAIRMAN SOLIS: Okay. Do we have a public speaker? MR. MILLER: Yes. I have one registered speaker. All I have is the first name. Kurt. MR. HAMBSCH: Yes. MR. MILLER: Could I get your last for the record, sir? MR. HAMBSCH: Kurt Hambsch. MR. MILLER: Can you spell that for me? MR. HAMBSCH: H-a-m-b-s-c-h, and I'm the owner of Southern Gulf Construction. MR. MILLER: Go ahead. MR. HAMBSCH: All right. I'm here today to make you aware that we did the work at the Eagle Lakes water park for DEC Construction. We had a contract with him and, obviously, he didn't put us on the permit, so he should be liable for something, because right now he owes me $110,000 that he's denying not to pay me for this job. We worked this job till the last day. We even did the punch-out work, and then he sent us the 72-hour notice saying that we were in fault (sic) for the job so he could get around paying me the $110,000, you know. I've got to hire an attorney. I've been fighting for this for six months. My vendors are cutting me off, Argos, HD Supply. I'm trying to run a business, and this guy's just trying to take money for himself and putting it in his pocket. He also signed affidavits with you people saying that all the subs were paid. All the subs weren't paid, especially me. And my name wasn't on the permit, so you wouldn't know that I didn't get paid. So something -- something is really wrong here. And now I'm out $110,000, but everybody here sounds like they're on his side. So I recommend that Collier County should investigate this October 23, 2018 Page 147 further and not give him any more contracts until this gets straightened out and this gets really into and resolved with more investigation conducted, and he should not get any more jobs until this gets resolved. That's all. CHAIRMAN SOLIS: That's it? COMMISSIONER SAUNDERS: Mr. Chairman, I think we need to hear from the representative of DEC. CHAIRMAN SOLIS: If they want to speak. MR. MASCH: Yes. For the record, I'm Doug Masch, DEC Contracting. So we completed that job on time, actually two days early, and got it open for Father's Day and underbudget within the schedule allowed for the -- by the county. I abided by all my terms of the contract agreements, the prime contract and subcontract agreement. The bond company, his job is required to have a P&P bond on it. The bond company has been notified. And there's been no cost to the county on this. Because you guys have a P&P bond on this project, that's your protection. And the bond company is aware of this. And I don't want to go into -- CHAIRMAN SOLIS: You paid for the bond -- MR. MASCH: Yes. CHAIRMAN SOLIS: -- correct? MR. MASCH: Uh-huh. Well, I mean, it's required to be included in the bid. It's a requirement of the contract. So the county, actually, pays for it -- CHAIRMAN SOLIS: Well, but -- MR. MASCH: -- in the bid process. CHAIRMAN SOLIS: -- it's in your bid? MR. MASCH: It's included, yes, correct. And there's -- you are not -- the contract will not be executed if October 23, 2018 Page 148 the bond was not in place. That's one of the stipulations to execute the contract is to have the bond in place. So I have a feeling that this matter between DEC Contracting and Southern Gulf Construction is probably going to take a legal turn, so, you know, for sake of that, there's -- I don't want to get into all the weeds of everything that is involved with that. But I do pay all my subcontractors. This is a very unusual circumstance. I do a lot of work for you guys, and this does not come up very often. So it's -- there's a disagreement. There's work that wasn't completed. I had to hire a different subcontractor to complete the work, and that's what I did to get the project open, which was completing my contract with you guys, and that's what I had to do to get the project done. And I've completed all my projects on time and underbudget for you guys, all the projects that I've done for you guys. So I don't think that, you know, this should be contingent on the word of the GMD building. CHAIRMAN SOLIS: Okay. I just have a quick question. So from the County Attorney's standpoint, there's no exposure for the county. There's a bond in place that would cover -- MR. TEACH: We have no privity with the subcontractor. Without having seen the final pay application, which I presume DEC attests in their final pay application that they have paid all subcontractors -- and from the explanation that I've heard from the gentleman today, is that he had to have a replacement subcontractor in order to complete the work in accordance with the contract, which appears to be what has been done, and that this gentleman, he had a separate contractual relationship and a different dispute with him and that he satisfied his contractual duty to the county by engaging another subcontractor, which may be -- I don't know whether it was a listed subcontractor, because I haven't seen the final pay application. That October 23, 2018 Page 149 doesn't come to me. But as far as the county's exposure, the county doesn't have exposure on this based on the performance bond that's been posted and based on our relationship being in direct privity with DEC and not with the subcontractor. MR. MASCH: And for the record, the final pay application, which is the retainage application, has not been submitted. We are waiting on a change order process. I think that's scheduled for the 13th -- the 13th meeting, and so I'm not able to bill for the retainage portion of it until the -- until that change order has been approved, so then I bill for the change order and the retainage at the same time. So just to be clear that -- all the documents that are incorporated with the final application, those have not been processed yet. You know, I think you've made mention of a form and Kurt may have made mention of a form, that I signed a form saying that I paid everybody. That hasn't taken place because the final pay application hasn't been submitted yet. CHAIRMAN SOLIS: And just out of curiosity, what's the retainage in relation to what the claim is? MR. MASCH: His portion of retainage? CHAIRMAN SOLIS: No. Just the retainage overall in relation to what -- MR. MASCH: For the entire project, I believe it's a little less than a half million dollars. CHAIRMAN SOLIS: And the claim is? MR. MASCH: 110-, I believe, his claim is. CHAIRMAN SOLIS: That's all I have. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And it was just a clarification. Are we having issue with the general contractor utilizing subs that October 23, 2018 Page 150 aren't on the list of the original contract? CLERK KINZEL: That's what we've discovered on the pay app for Eagle Creek. And, Commissioners, this just came to our attention last week, so I do know there's about 59,000 outstanding that's been billed. I have no idea how much is left on the retainage. Our office has not even received those. But our concern was that subs that were not listed or registered had said they were not being paid, and we had basically paid out everything but about 59,000 on the project, assuming it was completed. But I'm hearing the job was completed, but you're doing a change order now after the job's completed? MR. OCHS: No. CLERK KINZEL: No? MR. CASALANGUIDA: The final process is -- your last closeout for a project is the final change order. It closes everything -- all the work directives out, and that's what happens. CLERK KINZEL: Okay. So you didn't have a change order and work according to the contract prior to that; it is just your retainage closing? MR. RODRIGUEZ: For the record, Dan Rodriguez. Actually, it's a change order for the final pieces and it's -- I believe it's about 30-, $40,000. So that project has the punch-out list, and there are some other items -- owner driven that they wanted installed: Bikes racks, things like that, and they required additional pads. Final closeout. MR. OCHS: Final closeout. CLERK KINZEL: I don't know. I'm hearing a change order after the work is done. But we'll have to look at that when the paperwork's submitted to our office. As I said, I spoke with the gentleman and one other. After he called us last week, we had also received an attorney letter from a October 23, 2018 Page 151 different gentleman on a different project regarding DEC. So I think that's why all the parties are here. We'll continue to go through the paperwork regarding the payment, and I can look at that. It is a totally separate issue from this one, but I wanted to get as much information as we could with everybody in the room. Thanks. MR. OCHS: We'll make sure that our general contractor keeps current with the list of subcontractors, so we can make sure that the Clerk’s Office has that. CHAIRMAN SOLIS: Well, that was my question. You said subs. I hear one sub. CLERK KINZEL: On that job. On this job. And I have not investigated other subs. This gentleman came forward last week. So I've not investigated who he had on this job yet or anything in that regard, Commissioner. This just came up to us late last week. I had spoken with staff, spoke with purchasing, legal, trying to just get as much information as we could before today. So you've heard what I've heard. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Never mind. I just don't understand all of this. I mean, that he's going unpaid. Did he do the job? He says he did do the job. Did he do the job? MR. RODRIGUEZ: For the record, if I may, there was actually 3,000 square feet of concrete that was poorly done, and it cracked. And I personally, with Jim Morton, the project manager, toured that with the superintendent, as well as Margaret Bishop, and there were probably at least 15 areas of that pool deck that were cracked. Those had to be removed and replaced. And according to our contractor, his sub did not want to do that. CHAIRMAN SOLIS: Sir, we're not going to try your dispute with the contractor. And you've already had your three minutes. So October 23, 2018 Page 152 let's -- we have to move on. Thank you. Okay. Anything else? Is there a motion to award the invitation to bid? COMMISSIONER McDANIEL: It's already been done. CHAIRMAN SOLIS: Is there a motion? COMMISSIONER SAUNDERS: I'll move to approve it. COMMISSIONER McDANIEL: It's been -- Commissioner Fiala motioned it before we ever started into the rendition. Somebody on that side seconded it. I don't know if it was Ms. Taylor or -- COMMISSIONER SAUNDERS: I'll second it again. CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER McDANIEL: And as a point of discussion, if I may, it's just important that we're not here to vote on the validity of the paying of the subs and whether there's a litigious issue between that sub and the GC. We're here to vote on a contract either -- issuance for another project. And so that's what we're going to do. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: (No verbal response.) CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us, I believe, to Item 15, October 23, 2018 Page 153 staff and commission general communications. Just a couple of quick things for me. Commissioners, these are just reminders of upcoming workshops, two on February 5th and then one on March 5th. And we've gotten confirmation on the fertilizer workshop and the afternoon of February 5th that the municipalities will all be here and participating as the Board had requested. CHAIRMAN SOLIS: Thank you. MR. OCHS: And the only other thing I have, Commissioners, this morning we had the privilege of honoring the distinguished public service award recipients for 2018. I just wanted to also acknowledge and share with you a list of Collier County Government employees both from your agency and from the Sheriff's Department and the Florida Department of Health. This is a list of 55 county employees who volunteered to be deployed up to the Panhandle to go up there and spend time under adverse conditions to help our fellow Floridians recover from Hurricane Michael, and we're very proud of the work they've done, and I know you are all as well. I'd like, with the Board's permission, to pen a letter for the Chair's signature to each one of them thanking them for their service. That's all I have. Thank you. COMMISSIONER McDANIEL: So moved. Do you need a motion on that? MR. OCHS: Just a consensus. Thank you. COMMISSIONER FIALA: Sure. COMMISSIONER McDANIEL: Positive head nod. MR. OCHS: Thank you. CHAIRMAN SOLIS: Sure. MR. OCHS: Thank you. CHAIRMAN SOLIS: County Attorney? MR. TEACH: Nothing today. Thank you. October 23, 2018 Page 154 CHAIRMAN SOLIS: Clerk? CLERK KINZEL: No, nothing more. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Nothing. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Commissioner Saunders, how is the Golden Gate golf course coming? I know you're working on that. COMMISSIONER SAUNDERS: Too early to tell. But let's check back in December, because it's going to take a little time. COMMISSIONER FIALA: I'm going to tell you, I just rode by it yesterday. It's beautiful. Wow, it's really looking good. Okay. I had a couple other things. I'm trying to read them, though. That's the problem; can I read my own writing? CHAIRMAN SOLIS: I have that problem. COMMISSIONER McDANIEL: Do you remember -- COMMISSIONER FIALA: I think I'll just -- I'll just say that at another meeting. CHAIRMAN SOLIS: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: One quick item just -- maybe you can give us a little bit of an update in November on the Emergency Medical Services for the City of Marco Island. Obviously, the referendum failed. You had made an offer to have a second unit there if they would pay the difference between what it costs for the seasonal unit and what it would cost for a full-time unit. That was, I think, a very wise suggestion. And why don't you check back with them and see if they're willing to continue to -- or willing to accept that as an alternative to getting a second unit there. MR. OCHS: Yes, sir. In fact, I can give you a two-second update. Commissioner McDaniel asked me the same thing. Commissioner Fiala and I and Chief Butcher and Len Price sat October 23, 2018 Page 155 down with a contingent from Marco Island a couple weeks ago at their request to discuss that very topic. I went over again the three options that we had presented for a second full-time ambulance on the island. We engaged in some more discussion. I've sent a letter back to them that I'll -- back to the City Manager that I'll send a copy of to all of you this afternoon that kind of lays out where we are in the process. So the ball's kind of in their court based on the correspondence that I sent, and I'll be happy to send that to all of you today. COMMISSIONER SAUNDERS: Thanks. MR. OCHS: Thanks for bringing that up. CHAIRMAN SOLIS: The only thing I was going to bring up was, I thought we saw something today that I don't know that at least I've seen since I've been on the Board, and I think it's, one, significant and, two, important that we foster more of, and that was, there was a young gentleman here. He was probably in his 30s, maybe not even 30s. COMMISSIONER McDANIEL: That one that spoke on the evidence base for housing? CHAIRMAN SOLIS: Yes. COMMISSIONER McDANIEL: Yes. That's why I suggested we hire him. CHAIRMAN SOLIS: Well, I mean, you know, we -- and this is something that I'll probably be bringing forward in the future is we have a senior advisory committee, and most of the issues that we discuss, affordable housing, our workforce, really don't relate even to seniors. They relate to the workforce that we need, not retirees. And one of the things I think that we're lacking is a group or an advisory committee that advises us on things that relate to that, right, our workforce, the folks that we are talking about when we are talking about affordable housing and creating and diversifying the economy. October 23, 2018 Page 156 I think we need some group or advisory panel related to the interests and the needs of the people that are going to be the future leaders of Collier County. So I will be bringing that. And I'm very glad he was here, because we need to hear that from them. COMMISSIONER FIALA: And not the same people that are on all the other committees and they're going to repeat the same thing -- CHAIRMAN SOLIS: Right, exactly. COMMISSIONER FIALA: -- but somebody who can give us a new and fresh approach, right? CHAIRMAN SOLIS: Exactly. And they're -- you know, if we're talking about housing, their interests -- people under 30, under 40, the kinds of housing that they're interested in is completely different from what -- COMMISSIONER FIALA: That's right. That's exactly what they're saying. CHAIRMAN SOLIS: -- probably all of us are interested in. COMMISSIONER FIALA: As well as they usually mention, want them closer to their jobs. CHAIRMAN SOLIS: Right, right. COMMISSIONER FIALA: And we keep -- as I say, we keep putting them in the same place, and we keep building the lowest, but I think they want a little bit better than low. And this new Habitat, they said they're going to build up to 80. But I know that in East Naples, anyway, they're building a lot of good places there that -- in lower/middle income, and that's a good thing, because that's what we've been asking. As long as we're talking about this, Leo, can you possibly, you or Nick or whoever, could you give us a count of what all they say they need right now. No. First of all, what affordable housing we have on the ground, all of it, and what they say we need, because there's a lot of new stuff that are going up and opening up right now that look really October 23, 2018 Page 157 positive, and nice-looking stuff, too, and then what we need after they -- whatever we have on the ground. Can you do that? MR. OCHS: I can. I have to say that most of those new apartments that you talked about aren't affordable under the definition that the Board has adopted as affordable. They're market-rate units that some of the developers have said they're going to try to make available to people at the high end of your income levels, but -- COMMISSIONER FIALA: But when they have a density bonus because they're building affordable, they -- MR. OCHS: Yeah, you've given some density just for market-rate complexes. No requirement to make them affordable. COMMISSIONER McDANIEL: Yes. MR. OCHS: Yes, we have. COMMISSIONER McDANIEL: Yes, we have. Yes, we have. MR. OCHS: Yes, I know what you're -- COMMISSIONER FIALA: Yeah, right now we don't really know anything. I mean, we just hear we need this, and this is how much we have, but we don't have anything to really, like, understand. You have to get out of here, Burt, I mean, Commissioner Saunders? Excuse me. MR. OCHS: Yes. I have an idea what you want. I'll try to put that together and send it out. COMMISSIONER FIALA: Yeah, because I think we need -- we need to know what we're shooting for. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Now, if we have, like, this many that are all just for low income but we have nothing for the middle income and a little bit for the high, well, then we need to know what we need to be building. But until then we don't know. MR. OCHS: Okay. I'll pull it together. COMMISSIONER FIALA: I know it's a tough challenge. October 23, 2018 Page 158 MR. OCHS: No. We already have it essentially put together. It's in your housing plan, but -- CHAIRMAN SOLIS: Housing plan. MR. OCHS: -- we'll pull it out and -- COMMISSIONER FIALA: But they'll be updated numbers now, right? MR. OCHS: Yes. COMMISSIONER McDANIEL: And that's where he moves over -- and he keeps looking at me, because he moves over into that metrics of need that they keep bringing forward that I kick the podium every time they bring forward. So that's the reason that he's hedging because -- he's not hedging. That's the reason that he's hesitating with regard to that process. COMMISSIONER FIALA: Some of the housing that's going up was, I thought, reasonable, like the one that they're going on Thomasson, what is it, the four-story there. They're building it out of wood, of all things, but anyway -- COMMISSIONER McDANIEL: The new one there by New Hope Church on Davis and Santa Barbara. That's a 16-unit-an-acre project that we approved last year. So there's a fairly high density for what we usually see around here, a project that's coming on. The one Commissioner Taylor talked about over at the old Grand Central Station is another fairly dense project for what we're used to seeing, so... COMMISSIONER FIALA: Well, yeah. But you know what, that's $750,000 a unit. COMMISSIONER McDANIEL: Correct. COMMISSIONER FIALA: Let's face it. That's a different density than when you have low income. COMMISSIONER McDANIEL: But that's market. MR. OCHS: Okay. I will take a stab at it, yes, ma'am. October 23, 2018 Page 159 CHAIRMAN SOLIS: Thank you. We're adjourned. COMMISSIONER FIALA: Thank you. **** Commissioner Fiala moved, seconded by Commissioner Saunders and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RESOLUTION 2018-181: ANNOUNCING A PUBLIC HEARING TO CONSIDER VACATING COUNTY AND PUBLIC INTEREST IN A 70’ X 439’ PORTION OF THE RIGHT-OF-WAY KNOWN AS RECREATION LANE, AS RECORDED IN ROAD BOOK 3, PAGE 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY ONE THIRD OF A MILE EAST OF SANTA BARBARA BOULEVARD, IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20180001007) – THE HEARING WILL BE ADVERTISED IN THE LOCAL PAPER AND ADJOINING PROPERTY OWNERS WILL BE GIVEN NOTICE Item #16A2 AWARDING BID #18-7413 LEGAL COUNSEL FOR THE CODE ENFORCEMENT AND NUISANCE ABATEMENT BOARD TO SCHNECK LEGAL Item #16A3 RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE OF $7,211.80 FOR PAYMENT OF $611.80 IN THE CODE October 23, 2018 Page 160 ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOHN CHARLOT, CODE ENFORCEMENT BOARD CASE NO. CELU20170013030 RELATING TO PROPERTY LOCATED AT 1591 WILSON BLVD N, COLLIER COUNTY, FLORIDA – CONSISTING OF RECURRING VIOLATIONS OF LARGE AMOUNTS OF LITTER Item #16A4 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR GREYHAWK AT GOLF CLUB OF THE EVERGLADES AMENITY CENTER, PL20160003182, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $22,199.95 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT Item #16A5 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER UTILITY FACILITIES FOR PALAZZO AT NAPLES PHASE 1A, PL20150000003 AND THE SEWER UTILITY FACILITIES FOR PALAZZO AT NAPLES PHASE 1B, PL20150000208, AND 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 DEVELOPER’S DESIGNATED AGENT October 23, 2018 Page 161 Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR PALAZZO AT NAPLES PHASE 2, PL20150000612 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 Item #16A7 RESOLUTION 2018-182: FINAL ACCEPTANCE OF ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SIENNA RESERVE, APPLICATION NUMBER PL20130002033, AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE PLAT DEDICATIONS Item #16A8 AFTER-THE-FACT APPROVAL REQUESTING AN EXTENSION OF THE PERIOD OF PERFORMANCE OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT AGREEMENT #4600003760 TO JUNE 30, 2019 FOR CONSTRUCTION OF THE LELY BRANCH CANAL WEIR TO MAINTAIN ADEQUATE THE FLOOD PROTECTION LEVEL OF SERVICE (LOS) AND ENHANCEMENT OF REGIONAL WATER SUPPLIES. (PROJECT COSTS ESTIMATED AT $497,000) Item #16A9 October 23, 2018 Page 162 CHANGE ORDER NO. 3 TO CONTRACT #18-7239 WITH FERREIRA CONSTRUCTION CO., INC. IN THE AMOUNT OF $159,983.53 REQUIRED FOR THE “WIGGINS & DOCTORS DREDGING PROJECT”, AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THIS ITEM PROMOTES TOURISM – THE CHANGE ORDER INCLUDES CONTRACT CREDITS FOR MATERIAL NOT DREDGED AT WIGGINS PASS AND INCLUDES AN INCREASE IN THE QUANTITY OF MATERIAL DREDGED FROM DOCTORS PASS AS A RESULT OF SHOALING CAUSED BY HURRICANE IRMA AND 24/7 TURTLE MONITORING CAUSED BY SCHEDULE DELAYS FROM INCLEMENT WEATHER AND MECHANICAL FAILURES Item #16C1 AMENDMENT #1 TO THE LEASE AGREEMENT WITH KRAFT OFFICE CENTER, LLC, TO EXTEND THE LEASE TERM FOR TEMPORARY OFFICE SPACE UTILIZED BY THE UNIVERSITY EXTENSION OFFICE – EXTENDS A LEASE TERM THAT WILL EXPIRE DECEMBER 14, 2018 TWO ADDITIONAL MONTHS AT THE KRAFT CENTER ON PINE RIDGE ROAD Item #16C2 PERMISSION TO TEMPORARILY ACCESS COUNTY PROPERTY TO FACILITATE REPAIR OF A WALL ON CARLTON LAKES PROPERTY THAT WAS DAMAGED BY HURRICANE IRMA – WORK SHOULD ONLY EXTEND 10-FEET ONTO COUNTY PROPERTY, AND NOT INTERFERE October 23, 2018 Page 163 WITH THE WELL SITES ON THE PROPERTY Item #16C3 AWARDING INVITATION TO BID #18-7415 “CHLORINATOR EQUIPMENT MAINTENANCE” TO WATER TREATMENT & CONTROLS TECHNOLOGY, INC., D/B/A WATER TREATMENT & CONTROLS, FOR REPAIR AND MAINTENANCE OF CHLORINE AND AMMONIA EQUIPMENT – TO MAINTAIN DISINFECTION CHEMICAL PUMPING EQUIPMENT AT WATER DIVISION WATER TREATMENT AND REPUMP STATIONS Item #16C4 FIRST AMENDMENT TO AGREEMENT #11-5782 WITH HOLE MONTES, INC., TO INCREASE THE CONTRACT TIME AN ADDITIONAL THREE (3) YEARS FOR BASIN 305 OF THE "WASTEWATER BASIN PROGRAM" FOR ADDITIONAL PROFESSIONAL SERVICES DURING CONSTRUCTION Item #16C5 SECOND AMENDMENT TO AGREEMENT #11-5782 WITH AECOM TECHNICAL SERVICES, INC., TO INCREASE THE CONTRACT TIME FOR AN ADDITIONAL THREE (3) YEARS FOR BASIN 306 OF THE "WASTEWATER BASIN PROGRAM" FOR ADDITIONAL PROFESSIONAL SERVICES DURING CONSTRUCTION Item #16C6 October 23, 2018 Page 164 FOURTH AMENDMENT TO AGREEMENT #11-5782 WITH CDM SMITH, INC., TO INCREASE THE CONTRACT TIME AN ADDITIONAL THREE (3) YEARS FOR BASIN 101 OF THE "WASTEWATER BASIN PROGRAM" FOR ADDITIONAL PROFESSIONAL SERVICES DURING CONSTRUCTION Item #16C7 CHANGE ORDER NO. 6 TO ALLOW THE USE OF ALLOWANCE FUNDS FROM CONTRACT #16-6638 FOR THE RELOCATION OF PUMP STATIONS 101.06 AND 101.07, WITHIN THE VANDERBILT CUL-DE-SACS PUBLIC UTILITIES RENEWAL PROJECT LIMITS, PROJECT 70122 – LOCATED ALONG VANDERBILT DRIVE BETWEEN THE CANAL AND SIDEWALK, ADJACENT TO THE ENVIRONMENTALLY SENSITIVE VANDERBILT LAGOON Item #16D1 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY AND CITY OF NAPLES FOR COMPLETION OF THE 8TH AVENUE SOUTH BEACH PARK IMPROVEMENTS, EXTENDING THE PROJECT THROUGH SEPTEMBER 30, 2019 – DUE TO DELAYS CAUSED BY HURRICANE IRMA AND TO AVOID EXTENSIVE WORK DURING SEASON Item #16D2 AN AGREEMENT BETWEEN COLLIER COUNTY AND DAVID October 23, 2018 Page 165 LAWRENCE MENTAL HEALTH CENTER TO ADMINISTER THE ALLOCATION OF THE STATE MANDATED MATCH FOR FY19 IN THE AMOUNT OF $2,021,922 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D3 TWO (2) SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $22,750 Item #16D4 TEN (10) SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $147,884.23 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 AMENDMENT #2 TO AGREEMENTS WITH LEECORP HOMES, INC., PRESTIGE HOME CENTERS, INC., AND RURAL NEIGHBORHOODS, INC., FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) DEMOLITION AND/OR REPLACEMENT OF MOBILE/MANUFACTURED HOUSING AND OWNER-OCCUPIED REHABILITATION PROGRAM STRATEGIES TO INCREASE FUNDING AND PERFORM ADDITIONAL ALLOWABLE ACTIVITIES – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D6 October 23, 2018 Page 166 THREE (3) STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) SPONSOR AGREEMENTS WITH FL STAR CONSTRUCTION, LLC IN THE AMOUNT OF $300,000, JLH SUSTAINABLE HOUSING, LLC IN THE AMOUNT OF $150,000, AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. IN THE AMOUNT OF $400,000, FOR THE CONSTRUCTION ASSISTANCE STRATEGY AND ALLOW THE CHAIRMAN TO RELEASE THE SPONSOR’S NOTE AND MORTGAGE UPON SALE TO A HOMEBUYER – TO CONTINUE TO PROMOTE AFFORDABLE HOUSING STRATEGIES FOR VERY-LOW, LOW, AND MODERATE-INCOME PERSONS THROUGH THE SHIP PROGRAM Item #16D7 FIRST AMENDMENT TO STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SPONSOR AGREEMENT WITH COLLIER COUNTY HOUSING AUTHORITY TO ADD FISCAL YEAR 2017-2018 GRANT FUNDING IN THE AMOUNT OF $300,000 FOR THE ACQUISITION OF RENTAL PROPERTY Item #16D8 FOUR (4) STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IMPACT FEE RELEASES OF LIEN FOR THE ASSOCIATED OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS WHERE THE FIFTEEN (15) YEAR OBLIGATION HAS BEEN MET – FOR PROPERTIES IN NAPLES AT 12133 FULLER LANE, 12139 AMERICUS LANE, 5374 CAROLINA AVENUE AND IN IMMOKALEE AT 1102 October 23, 2018 Page 167 SERENITY WAY Item #16D9 THREE (3) RELEASES OF LIEN FOR FULL PAYMENT OF DEFERRAL OF 100 PERCENT (100%) OF COUNTYWIDE IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS – FOR PROPERTY IN IMMOKALEE AT 3588 LIBERTY WAY AND 3795 JUSTICE CIRCLE AND IN NAPLES AT 9047 GERVAIS CIRCLE Item #16D10 ONE (1) RELEASE OF LIEN FOR AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AND SUBORDINATION AGREEMENT FOR A UNIT WHICH IS NO LONGER SUBJECT TO THE TERMS OF THE AGREEMENT – FOR PROPERTY IN AVE MARIA Item #16D11 GRANTING STANDING OAKS, LLC PERMISSION TO TEMPORARILY ACCESS COUNTY PROPERTY AT VINEYARDS COMMUNITY PARK TO FACILITATE THE INSTALLATION OF A WATER LINE AND SANITARY FORCE MAIN – INSTALLED IN RIGHT-OF-WAY LANDS ADJACENT TO THE PARK Item #16D12 AMENDMENT #1 TO THE MEMORANDUM OF October 23, 2018 Page 168 UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY AND THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES ON BEHALF OF COLLIER COUNTY EXTENSION (UF) TO CLARIFY AND UPDATE SHARED SALARY AND BENEFIT CONTRIBUTIONS OF COLLIER COUNTY AND UF AS STATED IN THE MOU DATED FEBRUARY 23, 1999 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D13 AWARDING INVITATION TO BID (ITB) #18-7398 “MOBILE FROZEN FOOD TREAT CONCESSIONAIRE” TO NAPLES SHAVED ICE, LLC, D/B/A KONA ICE OF NAPLES, AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE AWARDED VENDOR – TO PROVIDE MOBILE FROZEN FOOD PRODUCTS FOR EVENTS AND SUMMER CAMP PROGRAMS AT COUNTY PARK FACILITIES Item #16D14 ELECTRONIC SUBMITTAL OF AN AMENDMENT TO THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) FY18-21 APPLICATION TO ADD ADDITIONAL WORK PLANS FOR THE DISASTER AND HEALTHY FUTURES FOCUS AREAS, AND ALLOW COMMUNITY AND HUMAN SERVICES (CHS) TO MODIFY THE APPLICATION IN THE FUTURE, WITHOUT BOARD OF COUNTY COMMISSIONER (BOARD) APPROVAL, TO ADD ADDITIONAL VOLUNTEER STATIONS AS THEY BECOME NECESSARY Item #16D15 October 23, 2018 Page 169 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) SUPPORTING PUBLIC LIBRARY INNOVATION GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF $4,000 – UPON NOTIFICATION OF THE AWARD, THE BOARD WILL BE ASKED TO ACCEPT THE GRANT AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES Item #16D16 A FEDERALLY REQUIRED TRANSIT ASSET MANAGEMENT (TAM) PLAN FOR COLLIER AREA TRANSIT (CAT) – TO MONITOR AND MANAGE CAPITAL ASSETS OF THE TRANSIT SYSTEM, ENHANCE SAFETY, REDUCE MAINTENANCE COSTS, INCREASE RELIABILITY, AND IMPROVE PERFORMANCE Item #16D17 AFTER-THE-FACT APPROVAL FOR SUBMITTAL OF THE FY2018-2019 STATE AID TO LIBRARIES GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR (FUNDS IN THE ESTIMATED AMOUNT OF $200,651) – THE BOARD WILL HAVE AN OPPORTUNITY TO ACCEPT OR REJECT THE FUNDS IF THE GRANT IS APPROVED October 23, 2018 Page 170 Item #16D18 CHANGE ORDER #1 TO CONTRACT #17-7182, NORTH COLLIER REGIONAL PARK ARTIFICIAL TURF DESIGN, TO AGNOLI BARBER & BRUNDAGE, INC. FOR PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $35,966 – TO ADD VALUE ENGINEERING AND ADDITIONAL CONTRACT ADMINISTRATION TO REDUCE COSTS OF CONSTRUCTION Item #16D19 CHANGE ORDER #2 WITH HELLAS CONSTRUCTION TO ADD FIFTY-THREE DAYS AND UTILIZE $70,000 OF THE ALLOWANCE FOR CONVERSION/CONSTRUCTION OF FOUR ARTIFICIAL TURF SOCCER FIELDS AT NORTH COLLIER REGIONAL PARK CONTRACT #18-7339, NORTH COLLIER REGIONAL PARK ARTIFICIAL TURF CONVERSION – TO RELOCATE ELECTRICAL LINES, REPLACE FIELD #8 DUE TO FAULTY PRODUCT, REMOVE TWO TREES, REGRADE THE CORNERS OF FIELD #3 AND #7 Item #16D20 AN AMENDMENT AND EXTENSION TO AN OPTION AGREEMENT FOR EXCAVATION MATERIAL BETWEEN RP ORANGE BLOSSOM OWNER, LLC AND COLLIER COUNTY TO PROVIDE AN OPTION TO PURCHASE EXCAVATED FILL FOR USE ON COUNTY PROJECTS – EXTENDING THE OPTION AGREEMENT PERIOD TO FEBRUARY 20, 2019 Item #16D21 October 23, 2018 Page 171 SELECTION COMMITTEE’S RANKING AND AUTHORIZING ENTERING INTO NEGOTIATIONS WITH WOOD ENVIRONMENTAL INFRASTRUCTURE SOLUTIONS, INC. FOR A CONTRACT RELATED TO REQUEST FOR PROFESSIONAL SERVICES (RPS) #18-7469 “CEI SERVICES FOR BIG CORKSCREW ISLAND REGIONAL PARK” – ONCE AN ACCEPTABLE CONTRACT HAS BEEN NEGOTIATED, STAFF WILL BRING THE AGREEMENT BACK TO THE BOARD FOR APPROVAL Item #16E1 AWARDING INVITATION TO BID (ITB) #18-7442, “PRINTING AND COPYING SERVICES FOR COUNTYWIDE USE,” TO VARIOUS PRINTERS INCLUDING CECIL’S ENTERPRISES INC., DIRECT IMPRESSIONS INC., CUSTOMER FIRST INC. OF NAPLES, RAY LEPAR PRINTING INC., AND PALM PRINTING/PRINTERS INK, CORP – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E2 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – THE NET TOTAL FOR THE EIGHT (8) ITEMS IS $43,891.40 Item #16E3 October 23, 2018 Page 172 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – REPORTING ON-LINE SALES OF $860 FOR SURPLUS EQUIPMENT Item #16F1 RESOLUTION 2018-183: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #16F2 INVITATION TO NEGOTIATE (ITN) #18-7404 - “COLLIER COUNTY SPORTS COMPLEX MARKETING AND SUPPORT” TO SPORTS FIELDS, INC., IN THE INITIAL NOT TO EXCEED AMOUNT OF $50,000, FOR MARKETING AND RELATED CONSULTING SERVICES FOR THE AMATEUR SPORTS COMPLEX, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – IN PHASE I OF THE NEGOTIATED AGREEMENT, THE CONSULTANT WILL ASSIST COUNTY STAFF, CONSULTANTS, ENGINEERS, ARCHITECTS, AND SENIOR MANAGEMENT IN DEVELOPING THE CONCEPT AND ASSIST IN DESIGN DETAILS Item #16G1 October 23, 2018 Page 173 TERMINATING THE CURRENT SUB-LEASE AGREEMENT BETWEEN THE MARCO ISLAND SENIOR SQUADRON - CIVIL AIR PATROL AND THE COLLIER COUNTY AIRPORT AUTHORITY AND ENTERING INTO A NEW COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LONG- TERM LEASE AGREEMENT – TO ENABLE THE AIR PATROL TO AMORTIZE THEIR PROPOSED CAPITAL INVESTMENT IN INFRASTRUCTURE OVER A LONGER PERIOD BY EXECUTING A NEW LAND LEASE AGREEMENT Item #16J1 EXECUTION OF A BUDGET AMENDMENT IN THE AMOUNT OF $42,339 FOR COMMUNICATIONS CONTRACTUAL SERVICES AND LICENSING (9-1-1) – NEEDED FOR THE SHERIFF'S OFFICE TO BUY SPECIFIC NEWSCI COGNITIVE INSIGHTS PLATFORM THAT WILL PRO-ACTIVELY ASSIST THE COUNTY’S 9-1-1 SYSTEM WITH ANALYZING AUDIO 9-1-1 (CALL) DATA RECEIVED BY CCSO Item #16J2 RECORDING IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR A PERIOD BETWEEN SEPTEMBER 27 AND OCTOBER 10, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 October 23, 2018 Page 174 DETERMINING VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF OCTOBER 17, 2018 Item #16K1 RESOLUTION 2018-184: APPOINTING TWO MEMBERS TO THE BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE – APPOINTING JAMES BIXLER, TO FILL THE REMAINDER OF A VACANT TERM EXPIRING MARCH 3, 2021 AND SUSAN JAN CRUM TO FILL THE REMAINDER OF A VACANT TERM EXPIRING MARCH 3, 2020 Item #16K2 RESOLUTION 2018-185: APPOINTING A MEMBER TO THE COLLIER COUNTY CITIZEN CORPS – APPOINTING ALBERT GOODALL, REPRESENTING THE AMERICAN RED CROSS, TO A 4-YEAR TERM EXPIRING NOVEMBER 5, 2022 Item #16K3 RESOLUTION 2018-186: APPOINTING THREE MEMBERS TO THE EMERGENCY MEDICAL AUTHORITY – APPOINTING DR. JAMES BRITTON, THEL WHITLEY AND ELLEN B. NEWBERRY YARNELL TO 4-YEAR TERMS EXPIRING DECEMBER 31, 2022 Item #16K4 RESOLUTION 2018-187: APPOINTING A MEMBER TO THE October 23, 2018 Page 175 PUBLIC TRANSIT ADVISORY COMMITTEE – APPOINTING SONJA SAMEK (SCHOOL BOARD REP) TO FILL THE REMAINDER OF A TERM EXPIRING MARCH 22, 2021 Item #16K5 RESOLUTION 2018-188: APPOINTING A MEMBER TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD – APPOINTING NORMA R. LEES-DAVIS TO A 3-YEAR TERM EXPIRING DECEMBER 31, 2021 Item #16K6 RESOLUTION 2018-189: REAPPOINTING A MEMBER TO THE CONTRACTORS LICENSING BOARD – REAPPOINTING PATRICK G. WHITE TO A 3-YEAR TERM EXPIRING OCTOBER 20, 2021 Item #16K7 RESOLUTION 2018-190: REAPPOINTING TWO MEMBERS TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE – REAPPOINTING MARK FILLMORE AND CAROL PRATT TO 4-YEAR TERMS EXPIRING OCTOBER 13, 2022 Item #16K8 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A STIPULATED FINAL JUDGMENT FOR FINAL COMPENSATION IN THE AMOUNT OF $13,103.50 FOR PARCEL 250RDUE, INCLUDING ALL ATTORNEY AND EXPERT FEES, IN THE LAWSUIT STYLED October 23, 2018 Page 176 COLLIER COUNTY V. PEDRO E. PENA, ET AL, CASE NO. 15- CA-0350, REQUIRED FOR THE GOLDEN GATE BOULEVARD WIDENING PROJECT NO. 60040. (FISCAL IMPACT: $11,703.50) Item #16K9 A MEDIATED SETTLEMENT AGREEMENT AND SITE LICENSE AGREEMENT TO SETTLE THE CIVIL LITIGATION STYLED WANNAGOFAST, LLC V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, SERVING AS THE COLLIER COUNTY AIRPORT AUTHORITY, CASE NO. 17-0380, NOW PENDING IN THE 20TH JUDICIAL CIRCUIT COURT IN COLLIER COUNTY; AND AUTHORIZE PAYMENT OF A MEDIATION INVOICE FOR $1,518.75 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #17A RESOLUTION 2018-191: PETITION VAC-PL20180002425, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE TWO RAW WATER WELL SITE EASEMENTS AND THE COUNTY UTILITY EASEMENT (C.U.E.) LOCATED ALONG THE NORTHERLY BORDER OF LOT 1 OF ALLIGATOR ALLEY COMMERCE CENTER PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGE 60 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED IN THE SOUTHWEST QUADRANT OF THE I-75 AND COLLIER BOULEVARD INTERSECTION, LOCATED IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO AGENDA ITEM #17B) October 23, 2018 Page 177 Item #17B ORDINANCE 2018-50: AMENDING ORDINANCE 2007-26, THE I-75/ALLIGATOR ALLEY CPUD, TO ALLOW DEVELOPMENT OF UP TO 425 MULTI-FAMILY DWELLING UNITS IN ADDITION TO THE EXISTING PERMITTED MAXIMUM 265,000 SQUARE FEET OF OFFICE AND RETAIL USES AND A 107 ROOM MOTEL, SUBJECT TO A MAXIMUM OF 1,172 TWO-WAY P.M., PEAK HOUR TRIPS FOR THE ENTIRE PUD; TO ADD AN ADDITIONAL MASTER PLAN TO REFLECT THE SITE LAYOUT IF THE PROPERTY IS DEVELOPED WITH BOTH RESIDENTIAL AND COMMERCIAL USES, AND TO LIMIT RESIDENTIAL USES TO THE AREA IDENTIFIED AS “C/R;” TO ADD DEVELOPMENT STANDARDS FOR RESIDENTIAL USES; TO MODIFY DEVELOPMENT COMMITMENTS RELATING TO ENVIRONMENTAL, TRANSPORTATION, UTILITIES, WATER MANAGEMENT, AFFORDABLE HOUSING, AND LAND USE AND PROJECT PHASING REQUIREMENTS; AND TO ADD DEVIATIONS RELATING TO PRESERVE STANDARDS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF THE COLLIER BOULEVARD AND DAVIS BOULEVARD INTERSECTION, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180000049] (THIS IS A COMPANION TO AGENDA ITEM #17A) Item #17C October 23, 2018 Page 178 RESOLUTION 2018-192: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #17D THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT WILL BE RE-ADVERTISED AT A LATER DATE. RECOMMENDATION TO APPROVE A RESOLUTION RENAMING CREEKSIDE TRAIL TO ARTHREX WAY, WHICH IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, AND ON THE WEST SIDE OF GOODLETTE-FRANK ROAD WITHIN THE CREEKSIDE COMMERCE PARK IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-PL20180002013] Item #17E THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT WILL BE RE-ADVERTISED AT A LATER DATE. RECOMMENDATION TO APPROVE A RESOLUTION RENAMING CREEKSIDE BOULEVARD TO INNOVATION BOULEVARD, WHICH IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, AND ON THE WEST SIDE OF GOODLETTE-FRANK ROAD WITHIN THE CREEKSIDE COMMERCE PARK IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR- PL20180002012] Item #17F October 23, 2018 Page 179 THIS ITEM WILL NOT BE HEARD AT THIS MEETING, AND IT WILL BE RE-ADVERTISED AT A LATER DATE. RECOMMENDATION TO APPROVE A RESOLUTION RENAMING CREEKSIDE STREET TO INNOVATION DRIVE, WHICH IS LOCATED IN THE SOUTHWEST QUADRANT OF THE IMMOKALEE ROAD AND GOODLETTE-FRANK INTERSECTION WITHIN THE CREEKSIDE COMMERCE PARK IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [SNR-PL20180002011] Item #17G – Moved from Item #9B (Per Agenda Change Sheet) ORDINANCE 2018-51: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREATMENT) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS RUSSELL SQUARE RPUD TO ALLOW DEVELOPMENT OF UP TO 230 MULTIFAMILY DWELLING UNITS ON PROPERTY LOCATED EAST OF SANTA BARBARA BOULEVARD AND APPROXIMATELY 1/4 MILE SOUTH OF DAVIS BOULEVARD IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING October 23, 2018 Page 180 OF 32.9+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170004414] ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:48 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: CRYSTAL K. KINZEL, 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.