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Agenda 09/10/2019 Item #2D (7-09-2019 BCC Meeting Minutes)09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 2.D Item Summary: July 9, 2019 BCC Meeting Minutes Meeting Date: 09/10/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 07/25/2019 7:45 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 07/25/2019 7:45 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 07/25/2019 7:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 2.D Packet Pg. 22 July 9, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 9, 2019 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: William L. McDaniel, Jr. Burt L. Saunders Donna Fiala Andy Solis Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations July 9, 2019 Page 2 MR. OCHS: Good morning, Mr. Chairman. You have a live mic. CHAIRMAN McDANIEL: Good morning, everybody. MR. OCHS: Good morning, sir. CHAIRMAN McDANIEL: If you all would just rise with me, please. Pastor Jarvis, do you want to do the blessing this morning? Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR JARVIS: Good morning, everyone. Let's pray. Father in heaven, we thank you for this opportunity to come together as the leadership of Collier County, and we ask for your guidance as decisions are made this morning that will affect all who live here. Order our steps and order our words. I pray that you would give each of us the wisdom, the temperament, and the self-control to communicate with each other fairly, reasonably, and respectfully. Help us to reach decisions that are openly the best decisions for our community. I pray for the leaders in this room, that your hand of protection and provision would be upon them, their families, and their offices of leadership. You, Lord, are the giver of wisdom, the giver of all good and perfect gifts, and the God of all sufficiency. So we invoke your guidance and your provision in everything that we discuss today. Lord, only you can make crooked paths straight and make a way where there seems to be no way. So we ask you to do that this morning, and I pray this in Jesus' name. Amen. July 9, 2019 Page 3 CHAIRMAN McDANIEL: Madam Clerk, will you lead us this morning. I don't want to put you on the spot. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: While we're going there, I didn't formally introduce Pastor Heath with Faith Life Worship Center. Thank you very much. That was a very nice prayer this morning. PASTOR JARVIS: My pleasure. Thank you. CHAIRMAN McDANIEL: Good morning, sir. Item #2A 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 your proposed agenda changes for today's Board of County Commission meeting July 9th, 2019. The first proposed change is to add Item 16J2 to your Clerk of Court's consent agenda. This is a routine report to record in the minutes of the Board the check number and amount for your disbursements on a -- for the period between June 13th and June 26th of this year pursuant to requirements of the Florida Statutes. That item was added at the Clerk's Office's request. Similarly, we have add-on Item 16J3. This was also a request from the Clerk's Office to add this item on. It's the routine determination of valid public purpose for invoices and purchase card transactions through July 3rd, 2019. The next proposed change is to move Item 16K5 from your County Attorney consent agenda to the regular County Attorney July 9, 2019 Page 4 section of the agenda, Item 12A. And it's a recommendation regarding an interpretation, and this was moved at Commissioner Solis' request. We have one note this morning, Commissioners, and it's to correct a misstatement in Item 16K7, and this was an appointment of a member to your Contractor Licensing Board. The term of that office or, I'm sorry, the term of that service was indicated as October 20th, 2022, in the executive summary. It's corrected now to read June 30th, 2022, as the new term. We have one time-certain item, Mr. Chairman. That's scheduled for a 10:45 a.m. hearing this morning. It's Item 11D. This has to do with the affordable housing proposals on the Board-owned Bembridge property. And those are all the changes I have, sir. CHAIRMAN McDANIEL: Outstanding, outstanding. Well, before we go on into the agenda, I am going to do something that I usually forget, and that's to announce the featured artist of the month for July is Collier County resident Cynthia Adams. Cynthia's been devoted to bringing greater awareness to the visual and performing arts through her involvement with several local non-profit organizations. Cynthia was a signature member and current president of the Naples Art District, and she has served on the board of the Naples Art Association. In addition, Cynthia and her husband, Steve, contributed to the development of a photography program for special -needs adults called Shooting Beauty, and she teaches workshops throughout the year at the Naples Senior Center, Pace Center in Immokalee, and for the children residing at Youth Haven. Cynthia's artwork has been displayed in collections throughout North America and Europe as well as in Russia, Thailand, and Lebanon. And across the back of the room, if you have a moment on one July 9, 2019 Page 5 of our breaks or at lunch, please take a moment and enjoy her artwork. Done. So with that, let's move into the agenda and ex parte. Commissioner Solis. COMMISSIONER SOLIS: Other than the changes that the County Manager provided, I have no other changes and no disclosures on the consent or summary agenda. MR. OCHS: Commissioner, if you don't mind. COMMISSIONER SOLIS: I'm sorry. MR. OCHS: A little closer. Thank you. We got it. CHAIRMAN McDANIEL: We all heard it. I'm not sure Terri did. MR. OCHS: She's got it. CHAIRMAN McDANIEL: Commissioner Fiala, good morning. COMMISSIONER FIALA: Yes. Thank you very much. Good morning, everyone. I have no disclosures, no corrections to the agenda, no disclosures on consent, but I have one. 17C on the summary agenda, and that is the Auto Ranch Road subject on the concrete batch-making plant. Nothing else. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I have no disclosures, but I do have a couple changes. 16K6 is the settlement of a lawsuit. I'd like to pull that and have just some discussion. I should have done this yesterday. I didn't notice it, quite frankly. So I hate to catch the County Attorney a little bit by surprise, but I'd like to ask a few questions and discuss this. So if we can pull that off the consent; it's 16K6. MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: And so on 16E6, the Clerk July 9, 2019 Page 6 has raised some issues concerning some contracting issues, and I just want to make sure that -- I believe those questions may have been answered. Ms. Kinzel, are you satisfied? CLERK KINZEL: We're okay with that. We're going to meet with the Assistant County Manager and procurement soon, so yes. COMMISSIONER SAUNDERS: Okay. Good. I just wanted to make sure that was going to occur. So I have no other changes other than to pull 16K6 for some discussion. CHAIRMAN McDANIEL: Okay. And you're going to leave E6 a go? COMMISSIONER SAUNDERS: Yes. MR. OCHS: Mr. Chairman, that will make 16K6 now Item 12B under County Attorney. CHAIRMAN McDANIEL: Okay. Commissioner Taylor, good morning. COMMISSIONER TAYLOR: Good morning. I'd like to address my colleague, Commissioner Fiala. Commissioner Fiala, you ever heard of a batch of concrete? I know you're a cook and, I knew you made batches of cookies, but a batch of concrete is -- kind of stretches it a little bit, don't you think? COMMISSIONER FIALA: That's interesting. I never even thought of that before. COMMISSIONER SOLIS: You have to cook it. COMMISSIONER TAYLOR: I have no disclosures on anything that's going to be discussed today. And I just have a question, and I spoke to the County Manager yesterday about this, and I wondered if we could address it. Not to pull it, but just to get some clarification basically for the public. And the item number is -- oh, I had it here. It's -- I'm so sorry. MR. OCHS: 16A20. COMMISSIONER TAYLOR: 16A20, yes, and I spoke with July 9, 2019 Page 7 Mr. French. And, basically, just for the clarification of what the PACE program now will apply to will be very helpful for the public. CHAIRMAN McDANIEL: Before we go there, let's just move it to the top and have a discussion then through our regular process. COMMISSIONER TAYLOR: I would rather not, if we could possibly not do that. It won't take us long. That's why I think it would be fun just to get this -- not fun, but more -- less stressful. COMMISSIONER SAUNDERS: I was trying to figure out what in the world could be fun when we're dealing with PACE. I was anxiously awaiting. COMMISSIONER TAYLOR: That was a misstatement. No. Just maybe a -- breathe a sigh of relief. MR. OCHS: Commissioners, as I understand the question, there was a question on what exactly do we mean by the inclusion of commercial multifamily properties in the resolution. And Mr. French can very quickly clarify that. And if the Board has any further questions, you can move it certainly for discussion. Jamie? MR. FRENCH: Good morning, Commissioners. Thank you. Good morning, Commissioners. For the record, Jamie French. Very quickly, Commissioners, in following the Board's direction, what you'll see on your screen, which was included in your package, is the eligible properties or types of construction that would be eligible for the PACE structure. Clearly, commercial and businesses would be eligible, but as far as the residential goes, these would fall under the Florida Building Code, the commercial section under the residential group. And you can see here where they're unit over unit, much like a tall condo along the beach, or it could be a mid -rise, or you could have almost like a townhouse type. But what's important to note here is that they all share one parcel. So they're not fee simple; whereas, in the next slide you'll see the same structure where the property lines July 9, 2019 Page 8 divide the actual units. Those are what's called a multifamily or a single-family attached where the type of construction is a little different, but they're fee simple where you own the ground underneath and you don't have a unit over the top of you. Of course, single-family, and then single-family where you've got like a townhouse or a unit that would be attached to you. These structures would not be eligible because they are not within the commercial -- they're not considered commercial multifamily. COMMISSIONER TAYLOR: Thank you. That's it? MR. FRENCH: That's it. MR. OCHS: We believe that's consistent with the Board's intent, and I think the commissioner was just trying to confirm that. COMMISSIONER TAYLOR: Yes, because of questions from the public. So now it's on the record that folks can refer to it. Thank you very much. And other than that, I don't have any other changes to the agenda. Thank you. CHAIRMAN McDANIEL: Nor do I, and no ex parte as well. So with that, I'll -- we'll move to 2B for the meeting minutes. MR. OCHS: Sir, did you take a motion to approve? CHAIRMAN McDANIEL: Oh, no. I forgot to do that. COMMISSIONER SOLIS: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: Thank you. It's been moved and seconded that we approve the agenda as has been adjusted. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. July 9, 2019 Page 9 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) July 9, 2019 Page 10 Item #2B JUNE 11, 2019 - BCC MEETING MINUTES - APPROVED AS PRESENTED CHAIRMAN McDANIEL: Now we'll do the minutes. COMMISSIONER FIALA: Motion to approve the minutes for the June 11th meeting. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the minutes from June 11th. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JULY 2019 TO PELICAN WIRE. ACCEPTED BY TED BILL, OWNER, AND TRENT DUNN, MARKETING MANAGER. ALSO PRESENT IS BETHANY SAWYER, REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED July 9, 2019 Page 11 MR. OCHS: Commissioners, we move to Item 5 this morning, your presentations. Item 5A is a presentation of the Collier County Business of the Month for July 2019 to Pelican Wire, to be accepted this morning by Ted Bill, the Owner, and Trent Dunn, the Marketing Manager of Pelican Wire, along with Bethany Sawyer representing the Greater Naples Chamber of Commerce. If you'd please step forward and receive your award. CHAIRMAN McDANIEL: Congratulations. MR. BILL: Good morning, Commissioners. On behalf of the employee/owners of Pelican Wire, I'd like to thank you for naming us Collier County Business of the Month. We have watched Collier County grow over the past 40 years and are proud to have grown along with it. We -- I was admiring the plaques outside that have the milestones of the county. And we weren't here when the first train pulled in in 1927, but we were here when the last train pulled out. We started a small pole barn building on an unpaved Taylor Road over in J&C Industrial Park, and we have grown into our 33,000-square-foot facility that we operate today out in White Lake Industrial Park. We started literally as a mom and pop business to our now 80 employees in Collier County and over 150 employees worldwide. In 2018, we sold over 16 million worth of wire products all manufactured here in Collier County, sold thr oughout the country and throughout the world. I'd like to boast that we're on the positive side of the trade deficit. During a visit last week, Commissioner Taylor introduced me to the Innovation Zone No. 9 which includes the property where we July 9, 2019 Page 12 operate today. I'm very excited to see that you are using funds to invest in companies that are here and dedicated to growing in Collier County and not just for those that are interested in relocating to our -- to our great county. I know an area of continued interest is affordable housing for our workforce. I'd encourage the Commission to focus on this issue. If we don't find solutions for Collier County, we will have a transient workforce that doesn't live in the county they work, or worse, we'll start to see businesses move to the places where those workforces are located. I have to admit that thought has crossed my mind more than once. To put numbers to it, just 10 years ago over 85 percent of our workforce had Collier County addresses. Today that number is down to 65 percent. And we continue to find new employees out of areas such as San Carlos Park and Lehigh Acres. About a month ago a group of our employees volunteered with Habitat for Humanity hanging insulation inside the townhomes that they're building down near 951. It was a hot day. We sweated a lot hanging that insulation. But they're a great organization, and they can be part of the solution, and I'd encourage you to support that organization, but we must find other ways. So thank you again for your -- the honor that you've bestowed upon us today. We hope to work together with you to keep Collier County a wonderful place to work and live. If you're ever interested in how we manufacture wire, I'm more than happy to show you around, show you how we do it, introduce you to some of your constituents that work at our facility. Thank you. (Applause.) Item #5B July 9, 2019 Page 13 UPDATE ON RECENT GROWTH, EXPANSION AND ACHIEVEMENTS OF ARTHREX, INC. PRESENTED BY DAVID BUMPOUS, SENIOR DIRECTOR OF OPERATIONS, ARTHREX, INC. - UPDATE GIVEN MR. OCHS: Item 5B is a report from David Bumpous, the Senior Director of Operations at Arthrex, on the plans and achievements for the company. Good morning, Dave. MR. BUMPOUS: Good morning. David Bumpous, Senior Director of Operations from Arthrex. It's a pleasure to be with you this morning. It's always a pleasure to present before the Board and see everyone. I'd like to specifically thank Commissioner Taylor for inviting me today to say a few words about the recent growth and expansion that's been occurring within Arthrex as well as talk about Arthrex's perspective on affordable housing. Briefly, if you've spent any time or passed through the Immokalee/Goodlette-Frank area anytime last year, you've certainly seen some changes occurring around the Arthrex campus. Very exciting time for us. Our projects are on time and currently slightly ahead of schedule, which is very exciting. The innovation, technology, and education center, the large building, is slated to hopefully have CO by December or in December of this year, as well as the hotel and, of course, the wellness center probably leading the way being smaller buildings, as well as Goodlette-Frank Road improvements are beginning soon, and a lot of appreciation and thanks to the county and county staff. They have been outstanding in working with us through the permitting process, the inspection processes, and, quite frankly, I know as busy July 9, 2019 Page 14 as everything is in the county right now, we've put a lot of extra pressure on you to keep up, and we appreciate that greatly. Also, you're all aware that we recently expanded into South Carolina, specifically in our manufacturing operations. Very pleased to announce that we recently received our certificate of occupancy on 300,000 of square feet of manufacturing as well as support operations there in the upstate of South Carolina, and we were actually making parts within seven days of receiving CO. So very exciting for us, as you can imagine. And that's an important point, because it leads into affordable housing and how it affects us all. Why do we -- hit the right button here. So why am I here to talk about affordable housing? Hopefully you all know who Arthrex is. We're certainly one of the largest employers in Collier County and Southwest Florida, having operations here in Collier County as well as Lee County. We're also one of the largest companies in our field globally, expanding at an unprecedented rate that requires a tremendous amount of growth and infrastructure that this board and the county has always supported and we're very grateful for; however, it also requires people, good people. And being in a high-wage, high-tech industry, you would think that would not be a problem, but I'm here to tell you it is. When we have engineers from other parts of the country that just simply tell us it's too expensive to live here, that creates, certainly, challenges for us. We're fortunate that a lot of our manufacturing is further out into Eastern Collier County. We now have 1,700 employees that work in our operations out in the Ave Maria and Immokalee area. So, again, very good things for us. Very good things for the county. But as a company that puts nearly two billion dollars annually back into the local economy. Keeping in mind, that's revenue coming July 9, 2019 Page 15 from outside this county and outside this country. We want to continue to grow here. We want to continue to thrive and be a valuable part of the local community, and certainly the only way we can do that is to encourage local children growing up to get their educations, to learn skills to stay local, to be able to recruit people from outside the area. So am I going to give you a magic bullet today? Of course not. Are we going to solve this problem unequivocally? Of course not. We have laws on the books that say you can't break the law. We still have laws broken every day. But there's so many implications and ramifications that come with the current situation that we are in here in Collier County. You know, the full-time growth in this area as well as, obviously, the snowbirds and the seasonal growth that we see has tremendous impacts. Most of us that have been here for a while, we've learned to adapt to that quite well. That is more challenging, though, for new people that are coming to the area. And then certainly the market impacts. Listen, we're very, very fond of the market and glad that the markets control everything we do. In fact, when you tinker with the markets, we've learned from California and other states it can create massive problems. So the reason this is important, though, is because we have to look at other alternatives, other creative ways. You know the perception that we often run into here in Collier County is, well, I just moved here; don't let anyone else in. We've all heard that. We've all experienced that. Heck, we've all probably felt that a time or two in our time here. But what does it do? It dramatically impacts our recruitment. It dramatically impacts companies like the gentleman that just spoke. And, again, being a company that recruits from around the globe, I can only imagine how difficult it is for smaller engineering July 9, 2019 Page 16 and manufacturing and support companies that are in this area -- how difficult it is for them to recruit. They don't have the advantages we have. They don't have the horsepower, if you will. So it's certainly something that's of concern. And being a company that prides itself in having virtually no turnover, we are beginning to see more turnover, and it tends to be because the economy's well and people are moving out of the area where it's more affordable. That's directly what the exit interviews tell us. And then safety. Well, how is safety a factor? Well, if anyone watched the news this morning, they definitely saw this. The top picture is a routine day driving north on I-75. The bottom picture is actually as common as the top picture. I drive to our Fort Myers office several times a week, and this is what I experience. And this is not in season. This is out of season. We also hear that, much like the gentleman that spoke earlier, we hear that from candidates that we try to recruit from Lee County and surrounding areas. They just don't want to have to deal with this. They don't want to be part of the accident that occurred this morning at roughly 6:30 on the interstate. There was also an accident this morning on Immokalee Road. Immokalee Road, arguably, is worse than I -75 during an accident. So these are all factors that certainly play into what we need to pay attention to. Again, we're not going to solve the low -income or the affordable housing 100 percent, but it's certainly important that we continue to make strides to gain some ground so we can address things such as this commuting and the hazards that come along with it. I recently was having dinner with my wife and began a conversation with our -- the young lady that was waiting on us, and she began telling us that she's a third-grade teacher here in Collier County, but she waits tables in the evening, and she actually has a July 9, 2019 Page 17 third job. And I said, wow, you must be -- you're obviously very busy. And she said, I have to be to put meat on the table, to pay my rent, and to continue to live in a county that I grew up in and not li ve with my parents. That's quite telling when that's the situation. So I was very fortunate. It's summertime. I brought my young son with me today to see how the government works and to get a chance to see Dad speak in public, but at the same time I wan t him to have opportunities here. I want him to be able to grow up and stick around and afford to live here and enjoy this paradise that we call Collier County. I appreciate all the efforts of the Board, all the committees, the analysis, the planning. The things that have happened prior to today, certainly we need to continue that. Incentives. Incentives are obviously a great way to improve and to encourage people to look at alternatives. Being creative. Coming from a company that is so innovative and driven, again, I don't know today what that solution is for us, but there's certainly some solutions out there that will give us some relief. Special taxes such as the 1 percent increase. Again, with the hundreds of millions of construction that we have underway right now, I feel like we're probably contributing significantly to that sales tax here in Collier County. But we just cannot maintain the status quo. If we maintain the status quo, we're going to look up in 10 years, 15 years, and companies like Arthrex will have to take even more operations out of the county, out of the town. And, again, I go back to the billions of dollars that are coming into the local economy, not just being passed around Collier County but are actually being generated and brought in from outside. And that's in the good times and the bad. So I really appreciate your time today. Thank you for the July 9, 2019 Page 18 invitation to come and share a little insight from one of your largest and most successful employers in Collier County. I appreciate it. CHAIRMAN McDANIEL: Thank you. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Thank you very much. (Applause.) Item #5C PRESENTATION BY JOE MINICOZZI OF URBAN3, PROVIDING COLLIER-SPECIFIC FISCAL DATA, PROJECTIONS AND RECOMMENDATIONS RELATED TO LONG-TERM GROWTH POLICIES IN RURAL TOWNS AND VILLAGES AND IN URBAN INFILL AND REDEVELOPMENT AREAS – PRESENTED MR. OCHS: Item 5C is a presentation by Joe Minicozzi of Urban3 providing Collier-specific fiscal data, projections, and recommendations related to long-term growth policies. MR. MINICOZZI: Commissioners, thank you. Thanks for allowing me this presentation. My name is Joe Minicozzi. I'm the Principal of Urban3, a data analysis firm in Asheville -- based in Asheville, North Carolina. And I want to thank you for the opportunity for letting me present here but also give you some information. I'm going to move pretty fast through a lot of stuff. I didn't want to short you some of the information that your public is going to see. There's two presentations tonight and one tomorrow morning. So I'm going to give you the meat of the information. But also when I talk about cities, I'm going to give you some analyses but also some analogies. When I talk about cities, the first thing I want to put in your July 9, 2019 Page 19 mind is think about cities as places in time and counties as places in time as well; that your city's growing up. It's got DNA. Kind of like I have DNA. The two of you have DNA, right. So this is how I started my life, and this is my trajectory. I'm not going to change that path to being my grandfather, whether I like it or not, right or, more importantly, there's my path of becoming my father. Now, I look at my family's history. I'm Italian. I like to eat a lot of food, because Italians do, but we also have a pre-genetic disposition to heart disease, so I have to watch what I eat, and I have to exercise, right? There's stuff baked in my DNA that I have to be careful about. As I give all of this information, I want you to ask yourself these questions: Who is Collier County? What do you want to be when you grow up? And who is your grandparent? What DNA can you learn from around the state of Florida and what can you take forward as you wrestle with affordable housing issues? There are people that have been down this road before. My dad has been down this road before, so I have to learn from that, right? So we'll come back to that. What we do is, at data and analytic, is kind of like think of the way your doctor may look at your brain. You can see your brain stem processes and the blue stuff as well as your creative stuff in the green. So can I do an economic analysis of your city the same way? So let's go back to Ashville for a second and think of this as a base level just to see my county. So the gray stuff are parks. We have the Mount Mitchell and Pisgah. Green is low value, so you see green in the not low bar up here. Green is low value. Purple is high value. So this big purple splotch right here is the Biltmore Estate. It's worth $100 million. July 9, 2019 Page 20 Now, when Bill Cecil shows up at a council meeting, we all genuflect and thank him for his time. His house is worth $100 million. But it's kind an unfair way of looking at it. His house is 180,000 square feet. It's the biggest house in the United States, and he sits on 2,000 acres of land. So he's got the biggest gas tank, right? Biggest gas tank means the most miles, but it doesn't mean the most efficiency. We say miles per gallon rather than miles per tank. And we say value per acre. The map changes, and we get a better idea of relative productivity of my county. And I'll just show it to you in new 3D. Does anybody want to guess where downtown Asheville is? And you can see this big purple spike right here. But we can also see 10 miles away the Village of Black Mountain, and we can see its downtown out here. So this is the little sister to us in downtown. So the physical form of the city is telling you about the productivity of that place for my whole entire county, right? So this is the type of analyses that we do with you all is basically how do we visualize Collier County. But we also find weird things. We did West Palm Beach back in 2017. You can pretty much tell where the ocean is. But we find odd stuff when we do analyses like this. These are two buildings downtown two blocks away from each other. But look at the numbers. That three-story building is actually more productive than the skyscraper. The three-story building is 10.5 million an acre, and the skyscraper is 9.2 million an acre. Who would have thought that a small building is more productive than a big building? So allow yourself some ability to get past your biases, get past the way you think the city operates, and allow yourself to let the data inform the discussion. So for you all, first of all, let's get through the county tax July 9, 2019 Page 21 system, how all of Florida works, basically, but your own millage rates. We're just a bunch of dumb idiots from North Carolina. Our tax system's really crude. We basically have a market value to get the taxable reduction to a taxable value. Boom. That's it. That's how our state tax system works. You-all are a little bit more complicated. First of all, you separate the distinction between residential and commercial differently than we do, but your city millage rate for Naples is about 1 mill. Your county millage rate is about three times that at 3.5 mills. And you have an unincorporated county millage rate that's an additional .8 mills or about a mill for folks that are in the unincorporated area. But -- so a Naples resident's paying about, let's call it, five mills in taxes on value. Right out the door your state gives you an exemption if you're residential, so you get a $25,000 haircut just because you live in a house, which we don't have in our state, and that was so good your voters -- that you all went ahead and adopted a second one. So you get a second exemption of 25,000. So the taxable value for that $100,000 of value drops to 50,000 for that residential versus 100,000 for commercial. So another way of looking at it is that your commercial properties pay a higher level of freight on taxes versus residential, which allows some affordability for residential. You give an additional 25,000 if you're a senior. I didn't realize that there was -- trying to get a whole bunch of retirees down here in Florida and you had to offer an incentive, but that's the way I look at it. So just looking at $100,000 of value, a residential property in Naples is paying about 200 bucks per hundred thousand, and commercial's about 475. So commercial's paying about 200 percent more per hundred thousand. July 9, 2019 Page 22 Now, here's where it gets crazy. You-all adopted this cap rate on growth and value, the Save Our Homes Act. So you capped commercial at 10 percent. It can grow up to 10 percent and stop. Your residential, however, is restricted down to about 3 percent or CPI, which is ever lower of the two. Now, this is a tremendous problem when 80 percent of your land use is residential, right, because the majority of your land use is now constricted to its growth value. So we were in Brevard County, which is where Melbourne is. Their county assessor did this really cool chart. And what you notice here is here's what's going on with the market value. And, indeed, you see earlier with the takeoff of the market, everything balloons up, and then this is the assessed value. So that cap is actually really good. It keeps you from going crazy when a boom goes on. But t he problem is, is this gap here. Notice what happened in the recession. Everything conflates or deflates down, and then when the market starts taking off again, the value of -- the taxable value of the county is now held down because of that cap. Now, let me ask you a question. What happens to the price of concrete? The price of asphalt? The price of labor? Does it stay constricted to 3 percent or CPI? No. The price of everything in your marketplace is going up, which is causing an affordability issue, because you can't keep up with that stuff from a government level. You all have your revenue supply restricted. Now, out here in the private world, we don't have that problem. I have to raise more money to pay more salaries and everything else. You-all can't because your tax level is constricted. So as the costs go up, your revenues don't. So as you feel that pressure for your county, just realize that this is one of the things that's causing it, and this you can thank your state legislature for. July 9, 2019 Page 23 So this is just one of the things that we noticed. And you're not alone. Other counties are having the same problem. So from a valuation standpoint, here's your county's total value. So think of this as miles per tank. And when you look at this , you see big splotches for these large properties, and, sure enough, they pop up. But, again, that's not telling you efficiency. So this is value per acre where you start to see that heat shift toward the gulf, which you know. And then here's your three-dimensional model. So this is showing you your productivity. And typical of a Florida community, you have a lot of value on the beaches, and it spreads out. One of the things to note here, again, think back to the model of my county, and we have a little sister floating out nine miles away. Where's your little sister? Where is the community's and towns and villages out in the county? And you can see Ave Maria kind of pops up right here, and here's Immokalee. But, generally speaking, it's relatively flat through your system. One of the things that we're trying to get our brain around is the size of your county. You're 2,305 square miles, which is tremendously large. You all know that. So from a relative standpoint, you're twice the size of Rhode Island. Do you-all see yourselves as you twice the size of Rhode Island? Or ask yourself the question. We only have, what, maybe half a dozen municipalities inside our county. Could you imagine Rhode Island or two Rhode Islands with half a dozen municipalities? So why is that not happening? Why is that development pattern happening differently from you all? You're about the size of Delaware in land area. Could you imagine Delaware having about a half a dozen municipalities within it or, more importantly, you're about half the size of Connecticut. So as you think about your land patterns, think about the July 9, 2019 Page 24 questions you ask yourself. Is it -- you have a commonplace problem where you're having people commuting across your county for work. Could you imagine commuting all across all of Delaware to find employment? So there's a way that you're developing your pattern of land use that's not consistent with the land area that you have and the opportunity that you have, and maybe think of that mindset a little bit differently. But this is a little bit mind-blowing for us. Also you have a tremendous territory that you have that's basically in preserves. So we went ahead, and for going here forward, we pretty much lopped that piece off, because it's not part of what you can control anyway, and it's really pretty much off the table. So thinking about that land use area that you currently have which is about the size of Delaware -- or sorry. This is about one and a half Rhode Islands right here that you're looking at. Here's Naples from a value-per-acre standpoint, and here's its 3D. There's some interesting stuff here. Obviously , you can see the value along the coast. But what's interesting is how downtown starts to pop up right here, and we'll come back into this in a second. And here's the downtown's valuation. And, again, you can see Fifth Street coming through here in the older part of town versus the newer part of Fifth Ave. Here's Marco Island. And it's interesting, there's actually a lower level of valuation on the inside, of course, because it has less water access in there. Everglades City is pretty flat, but you can pretty much see where the valuation is. And then here's Ave Maria. Now, this is -- the parcels out here for the downtown were surprisingly flat, but it was also because they have tremendously large surface parking areas that are conjoined with them. When you release the building from the July 9, 2019 Page 25 surface parking lot, it pops up here to here. So it's about -- peaking at about 7.5 million per acre. A Walmart's about $500,000 per acre, put it in perspective. So your county is about 70 percent nontaxable. When you cut off the preserve area, you're about 15 percent nontaxable. That's about average for a county. Usually we see them around 30 percent. You're maybe below average. Your city is -- of Naples is about 28 percent nontaxable. That's about average for a city. And your downtown's about 30 percent. And you think about these areas. Like, in my town we have county buildings, city buildings, state buildings, churches that are all nontaxable in our downtown. We're at about 40 percent nontaxable, which is -- maybe we're on the high end in Asheville. Here's Immokalee in 3D. And so from a -- your county standpoint, your city is a proportion of your county. So all of the city residents are also county taxpayers. They're taking up about 2 percent of the land area of the county, and they're producing about 30 percent of the county's value, which you know is productive. It's a highly valuable place. It's about a 1-in-16 ratio of productivity, which is -- which is about on the -- you know, Asheville is actually a little bit higher for our county's productivity. But this is still potent. Your downtown of Naples to Naples is a 6 percent of the city's land area. It's about 5 percent of the city's value. So it's about a -- it's actually -- it's less productive than its consumption, which is on the low end but, obviously, they have condos facing the beach that are really high. And then your downtown to you all. So your downtown barely takes up a percent of land area of the county. It's been 1.3 percent of the county's value. That's a 1-to-13 ratio of productivity. So it actually benefits you to have a more healthy downtown. It produces a tremendous amount of county taxes in the process. July 9, 2019 Page 26 Retail sales, we measured those. I'll just kind of jump ahead so you can see it. This is the retail sales in green on top of your property tax productivity. So we tend to get distracted by retail transactions, but they help, but they generally don't amount to a lot compared to your property tax productivity in Florida. For states like Colorado, Alabama, California, the cities depend more on retail tax than what you all get. And then this is stripping out the non-retail uses. So you can see the true productivity of the retail consumption and where those areas are. So, generally speaking, most of your retail productivity is coming from along the vertical spine through downtown Naples. So building typology. Your average Walmart's about $500,000 of value per acre. Your Home Depot is about let's call it $600,000 of value per acre, a little bit more than a Walmart. And we keep Walmarts on the lower right here as, like, a benchmark. It's kind of like a Big Mac index or something for Walmarts. Your South Naples -- Naples South Plaza is a little bit more than a Walmart. Here's what's kind of interesting. The strip mall over in Immokalee is actually more productive than a Walmart at about $700,000 of value per acre. And, again, allow yourself the ability to see these numbers and get past your biases of what you think may be happening. This is the true productivity of your real estate, which is actually a little bit -- oops -- a little bit less than a Costco, that Immokalee strip. And then here's your Target at 760 -. These are all typical of what we find in a lot of places. Your Carillon Place is about a million an acre. Coastland Mall is about 1.3 million. Waterside Shops is double that at about 2 million. And then you get into your housing. You do have a pretty high peak for single-family housing. It peaks out at about $34 million of value per acre. Somebody has a really expensive house somewhere July 9, 2019 Page 27 in Naples. But your average for your whole entire community, your county, is somewhere around $750,000 of value per acre. So you can see this is that chart showing the clusters more toward that 700,000. When you get into your multifamily, you're averaging about a million. So your multifamily is actually more productive than your single-family at a base level across the average at about $250,000 more. Typically, we get a lot of people that tell us that multifamily is subsidized or affordable, and we're like, it's actually producing more production for you all. When you get into the Mercato, you're about four million or double the good mall of productivity. And you get onto Fifth Street (sic), you're starting around 24 million and 26 million of value per acre. We were a little surprised by the Little Luxe. It's really killing it at 26 million an acre. Naples Square is about 28 million an acre of value. Now, again, that's also paying county taxes at that level, that productivity. They're about -- let's call it about 40 times the productivity of a Walmart. This building here was pretty surprising at about 28 million an acre. And then this is at 30. And your condos by the beach are crushing it at about 50 million and 83 million at the peak end and somewhere all in the smattering between that. This is a bar chart. I'm not going to go through all this, but the big takeaways here are green is mixed use, red is single use commercial, and blue is residential. Those condos by the ocean or by the gulf are all the blue stuff on the far right. But you see how flat it is when you get into your commercial product that's along the strip. So even though you're taxing it higher, it's actually a lower level of valuation per unit versus your stuff that you'd find in and around main street. And that main street stuff is reproducible. July 9, 2019 Page 28 So to put it in comparison, about .4 acres of 365 Fifth Street on the left would equal the 13-acre Walmart. Apples to apples, dollars for dollars. You only need less than half an acre of that building to equal a 13-acre property. You need two acres of the Inn on Fifth to equal the five-acre Cove Inn. And, again, these are relatively close to each other in downtown. About one-and-a-quarter acres of the Mercato would equal the nine-acres Naples South Plaza. And six acres -- or let's call it six-and-a-half acres of the Immokalee strip would equal the 12.5-acre Courthouse Shadows in Naples. So, again, it's -- think of your productivity differently and think about these number differently. About half an acre of Lit tle Luxe would equal the 14-acre Costco. So when you look at the meat of that stuff in and around Fifth Street (sic) and think of it a little bit differently, let's put these two side by side. Now, again, I know these are in the Naples area, but the building on the left is three stories. The building on the right is 17 stories, yet the three-story building is half the value of the 17-story building. So if you just stack it on top of itself and do a six-story building, or if someone in Naples did, that would equal the value of a 17-story building. You don't have to build tall buildings to have productivity. Another thing is density. This is a duplex right here, and this is a four-plex right there. And, again, though these buildings are in around Third Ave, these are building types that can be reproduced out in the county. So this is a duplex, you split that down the middle, and this is a quad. These buildings are pulling 10 and 7 million dollars of value per acre. They're really potent for their little footprint. And the one on the right is -- I hope nobody here lives there. Nothing to write home July 9, 2019 Page 29 about architecturally. It's just a box with a mansard roof on top of it, yet it's pulling $7 million of value per acre. It's potent because of its density and location. But what's crazy is the one on the left is 17 units an acre, and the one on the right is 24 units an acre. I've heard a lot of conversation about unit counts, and oftentimes we chase that number without really knowing what we're talking about from a "why density?" Is density bad? Is density good? Who would have thought that those two buildings were 17 and 24 units an acre? The reason why I bring that up -- we'll talk about from a density standpoint is -- and valuation. Let me kind of just jump ahead. So we measured your typologies of your RLSAs and your urban design districts. And if you just look at the -- this is just a sampling. We made this as kind of a diagram actually based on -- this goes back to the 1800s. Ebenezer Howard is a famous practitioner of urban design who talks about conceptual layouts of cities, and this is a diagram he made of a utopian city with a core. And then you have -- so think of this as your downtown and you'd have a series of little sisters out in the countryside. So if you think of that diagram as a little sister, and you restrict it to .5 dwelling units per acre, that's going to hold your value to about, let's call it $200 million for that 2,500-acre area, right. When you increase the density to 2.5 million across that whole system -- and it's not going to say it's uniform 2.5. You might have or you should have more of a core in the center of the entire density. Think of this as those quadplexes and duplexes and mixed-use buildings along a main street. As you step down, it should reduce this density that's about $700 million of value for that total area versus the 200 million. So now you're increasing your valuation. As you increase the density, the valuation goes up. Here at four units an acre you're at a July 9, 2019 Page 30 billion of value. So to put these side by side by side, you can see as that density increases, so does the valuation and, ultimately, the infrastructure has to be paid for. So how do you get that money to pay for the infrastructure that you have to carry? So you have to consider the valuation that comes out of that to cover the infrastructure. And it's not just when that infrastructure goes in. It's when you have to fix it 40 years from now. One of the ways to think about -- we were having conversations about why would you do a main street in the middle of nowhere? What does that look like? And we did a project up in Winter Haven. And I don't know if you all have ever been to Winter Haven, but it's in the middle of nowhere. It doesn't have an ocean or gulf or nothing of any amenity to it. It was an orange plantation town. Yet back in the day, in the 1920s, it was common sense to build a main street. So they built this main street. Here's an old postcard. And here are two buildings side by side. The one on the right is empty. The one on the left has been renovated. So these buildings were built by their great grandparents, and they're just sitting around in their downtown. So to put these in comparison, on the left is the empty building, and it -- empty it's produced $87,000 in taxes per acre. And we compared that to the Walmart. The Walmart's producing one-tenth that at 86 -- 8,600. That's an empty building more productive than a Walmart. When you fix that empty building, it's now up to 227,000 in taxes per acre versus the Walmart at 8.6 -- or 8,000. So one of the things to bear in mind, when you think of why this development pattern happens, it makes sense. You're taxing me less if I build a Walmart. It's a cheap throwaway building, and it consumes a lot of real estate. I take more of your infrastructure, and you charge me less in taxes. It's not to hate the player that builds it. It's to understand the game that runs your revenue model, right. July 9, 2019 Page 31 You're a multi-billion-dollar corporation. You have a cash flow. You need to understand that cash flow and how it affects the marketplace, and you are subsidizing something one way or another. So be mindful of that subsidy and make sure that you're getting the best bang for your dollars investment or invest the thing properly that you need to have to maintain an efficient county. So going higher to the RFMUD models, this is at 2,000 acres. This is .5 dwelling units. Again, approximate 161 million an acre -- or of total value. As you increase the density of the three dwelling units, it goes up to 400. And when you get up to seven units -- and, again, we're building up that spine with more of a Winter Haven typology down the main street, and now you're about a billion. And so be mindful of those rules as you set to build a village. Make sure that it's got all of the ingredients of a village and not just a scattering of uses that aren't connected. The rule of the village should be that it's all connected together. I should be able to walk to get a gallon of milk or something, right. So we can learn from these typologies. As you get to 12 units an acre -- and I know that sounds scary, but that's now two billion dollars of taxable value. Now, it's going to be more expensive to build from a development's perspective, so find a way to seed that revenue. Could it be through a tax increment financing investment or some -- you can think of your taxes differently in that area to offer a tax break for affordability or that mix of uses. But, ultimately, when you say -- let's see. That 12 units an acre may sound scary, but when you put it in relative terms, the building on the left is 17 units an acre. So both of these buildings -- and the one on the right is double the density that I just showed you. So is that building scary or intense or too difficult? And that's something to bear in mind. And the market's proving that people want to be July 9, 2019 Page 32 there because obviously that choice is there. Now, just around the corner is this building, and, you know, it doesn't even have a ground-floor use. It's all sitting on top of a parking garage, basically, but it's pulling about $20 million of value per acre, and it's 18 units an acre. So the reason why these buildings have that higher density and the people who want to be in that area are making those purchasing choices is because of their ability to get to Fifth Street (sic). So there are some lessons that are there about the walkability of that main street environment that are transferable in Immokalee, Ave Maria, or wherever, that you can use those rules. When you separate those uses, it changes you into a different class of development pattern. So infrastructure liability. One of the problems with the way that we look at infrastructure -- and, you know, this will probably blow your mind a little bit. But when we build buildings and I put an air conditioner on top of the building, I'm going to make a reserve account to fix that air conditioner, right? I'm going to charge you-all rent annually to save money because it's going to cost me a $100 million -- or $100,000 to fix that air conditioner on my eight-story building. It's expensive. So I can't just reach into my pocket and pull that money. I have to cultivate it. When you look at your budgets -- and it's even worse for cities. Our CAFR standards require us to put roads into an asset ledger, right? A road's not an asset. It's a liability. Now, in my business, my computer's my asset, or if I had delivery vehicles, those are assets. Or if I had real estate, those are assets. Those all depreciate, but they're also transferable, right. You can sell your car, your computer, or your house, or building, right. Can you pick your roads up, and can you sell them to Lee County? Can you sell your pipes to Dade County? No. You're stuck with them. And once they're in your system, you have to pay them every 40 years. You have to rebuild July 9, 2019 Page 33 those -- maybe 50 years or 60 if you're lucky. So we looked at your roads -- and this was kind of mind-blowing. You have about 3,000 of (sic) roads in your county which would stretch from here to San Francisco. That's a lot of asphalt. Now, that's your total system. That's state, federal, and local roads that you don't control inside Naples. When you look at just your county -maintained roads, you can get all the way to Houston. A thousand miles of roads is a lot. Now, as you start adding more lanes and widening them, that becomes more liability. So you may think that you're solving transportation issues, but it's like fighting obesity by buying bigger clothes. The more you -- sorry for that analogy, but it's an Italian family thing, right. It works, right? Yeah. So I feel good when I get that new wardrobe, but if I don't change my diet, I get fat again, right? It's not changing the pattern. So that -- we estimate your yearly maintenance should be somewhere around $65 million a year. That should be your set-aside that you should have as a reserve account for your maintenance system of your roads. This is something to talk to your engineers about. Now, again, it's not the fault of your municipal agents. This is the fault of how the CAFR model works. I've been working with the Government Finance Officers Association to try to get that tweaked, because it just -- it just allows you to not see that number. So -- but I'm sure if you talk to your Public Works Department, they know that number. The other thing that's kind of weird in the model in any system -- this is Cheyenne, Wyoming. So if you take the -- if you take the buildings off the dirt and just throw the buildings away and just look at the dirt per acre, I was presenting this in Cheyenne, Wyoming, and you look at this neighborhood right here, and you see July 9, 2019 Page 34 the dirt per acre up here in the upper left is -- everything's blue. So this is fair. Everybody in this neighborhood has the same value per acre. But when I was presenting this to the community, I said, what's going on here where this is blue at $15,000 an acre, and when you cross the street in the same zoning category, it doubles to $40,000 an acre? How could land double in value in the same zoning district when you just cross a road? And the tax assessor was sitting in the front row, and she raises her hand. And she goes, you don't understand. And I was like, what am I missing? What do I not understand? She goes, well, they have more land, and the more land you have, the lower the value. That was the look that the mayor gave, and he almost started laughing so hard he almost spat coffee out of his nose. I was like, hold on a second. I've got three miles of land road around here. This fellow's got 200 feet. She goes, yeah, we don't count infrastructure as part of the valuation. I said, so your money in, you don't want to know whether you're getting back? She goes, no, that's not part of our standard. And I said all right. Well, I'm sure that this property right here probably has more trips. More trips mean more car accidents. More car accidents mean more fire calls, more police calls. Do you charge for that? She goes, no, that's not part of our standard. I'm like, so you don't have any municipal connection between cost and how to get your money back? And she goes, no, that's not part of our standard. So I actually went to the International Association of Tax Assessing Officers conference and presented this there -- which is like the squarest conference I've ever been to, and I asked them – July 9, 2019 Page 35 their magazine is called Fair and Equitable. I said, how is this fair and how is this equitable? They're like, it's not. I'm like, where did this standard come from? Did Moses deliver it to you? They're like, we don't know. Seriously. I'm not making this up. So when you think of the market forces and dynamics, when you tax people less for larger tracts of land, it's going to drive valuation. CHAIRMAN McDANIEL: I was -- COMMISSIONER TAYLOR: Darth Vader. MR. MINICOZZI: Oh, okay. So when you look across your model, we see this. When you -- you know, obviously the dirt value in Naples is really high; that's no surprise. But when you get into the model and kind of zoom in, you can see how the smaller tracts are more valuable than the smaller -- let's get over here; we can see it. See how the outparcels are so much more valuable than the bigger tracts behind them? So think about that; how it affects your commercial property and commercial valuation. And you can see it pretty clearly right here in particular in the lower right. So, okay. Just to close, you-all are $8.4 billion worth of taxable value. As a corporation, you are an $84 billion corporation, and you're the board of directors. So you're worth more than all of the professional sports teams in the entire state. Think about this from a data perspective. You're managing a really complex corporation. You're about -- Naples is about 20 Buccaneers. You-all are about 76 Buccaneers. I use this as an analogy because, you know, our parent company owns a nightclub. I can tell you that cups in the nightclub cost five cents a pop. Why do I know that? Well, I know that because we have to stay in business, and we have to make sure that we can get that price for buying compostable cornstarch cups. We had to charge a little bit more for our beer because we have to stay in July 9, 2019 Page 36 business. So I can tell you that Malcolm Glazer knows Jameis Winston's towel bill. You know, you need to understand the cost of all of these streets, the infrastructure, the pipes, how it's all tied together. These land-use decisions, how it affects your bottom line, not just today but 40, 50 years from now when you're going to have these problems. And a lot of decisions that -- problems you're stuck with right now are decisions that happened in the '70s and the '60s that you're still living with. So we call this geo-accounting. Put your data on a map. I'm not -- this is your community. I'm not making choices for you-all. Like, your accountant doesn't care if you buy a boat, right? Your accountant cares if you can afford a boat. So make sure you're running these numbers and making conscious choices about the long-term costs of this for your community. And we put numbers on a map is all we do. And -- thanks, we did math. But I'm available for questions. Sorry I went a little bit over. And I'm presenting tonight at the South Regional Library at 5:30 and then tomorrow again as a public presentation at the Orange Blossom library at 9:30 a.m. CHAIRMAN McDANIEL: And, Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. This is not a question for Mr. Minicozzi, but thank you for the presentation. And don't leave the podium because I may get back to you. MR. MINICOZZI: Okay. COMMISSIONER SAUNDERS: And it's really a question for our staff. We were going to discuss the Rural Lands Stewardship Area, and that's been put off until October. And I was going to ask some questions during that discussion, and I thought this is somewhat relevant to what has just been presented in terms of land values and July 9, 2019 Page 37 densities and clustering of units and that sort of thing. And I had the occasion to speak with some of the environmental groups here yesterday, and I also spoke with one of the representatives of one of the larger landowners out in the rural part of the county. And I've been trying to get my arms around how the County Commission should proceed with dealing with a lot of things that were put in motion 10, 15 years ago now dealing with the rural lands and the villages and towns that we're trying to deal with there. One of the things that the environmental folks kind of agreed with as well as the landowner representative was that the idea of retaining some expert that's independent of the landowners, independent of our local -- large local environmental groups, to evaluate the five-year study that took place to give us some direction to what we should do with that. Because we're going to be tasked with implementing some of those recommendations or all of those recommendations. I can't personally get my arms around all of that. And so this is a question for staff. I know at one point there was some -- and this is going back five or six years ago or longer that there was some effort to consider hiring some experts to assist staff in that -- in evaluating that. And I'd like to suggest to the County Commission that we consider that. We're going to have this come back in October. We're going to have to make some decisions, and I think I need that extra guidance. So I guess these are sort of comments or questions directed to our managers. MR. OCHS: Commissioners, certainly staff doesn't object to, you know, some outside analysis or independent analysis on the RLSA proposals. You've got a staff report that has probably 50 recommendations for you to consider as part of the update to th e RLSA. And we've had quite a bit of stakeholder input on all of those, as you might expect. July 9, 2019 Page 38 We're in the process over the summer of trying to see if we can't narrow down some of the differences in opinions among the various stakeholders with respect to those 50-some recommendations. If the Board thinks that we would benefit from some outside expertise in trying to, you know, further evaluate those recommendations or work with stakeholders to see if we can't narrow some of those differences, we certainly don't object to that. I don't know whether we'd be ready in October if we bring that expertise in or whether that would take a little bit more time. And I don't know that that makes any difference to this board at this point. It's more about, I guess, getting it right -- COMMISSIONER SAUNDERS: Getting it right. MR. OCHS: -- than getting it at a certain time. Did that answer your question, sir? COMMISSIONER SAUNDERS: That answers the question. I guess the suggestion is for staff to come back to us in September with some recommendations on how we could do that evaluation. I don't think it makes a whole lot of difference if we have a hearing in October or we have a hearing in January on this. These are decisions we're going to make that are going to affect the future of this county forever, and I'd like to make sure we get it right. And, again, this -- my colleagues on the Board may not be having any problems understanding all of this, but I'm having some difficulty. And I think some expertise would certainly help me in making the right decisions. So that's my goal. COMMISSIONER TAYLOR: What area of expertise are you thinking about? COMMISSIONER SAUNDERS: Well, I think it would certainly be land planning and environmental protection. I don't know what entity would provide that, but there are plenty of them. COMMISSIONER TAYLOR: Maybe there would be two July 9, 2019 Page 39 entities. COMMISSIONER SAUNDERS: Yeah. And someone even recommended that a firm like Andre Stuani (phonetic) could come in and assist us with that type of planning. That's the -- I guess the issue that I'm trying to deal with. COMMISSIONER TAYLOR: What about the issue that we were just discussing which is the data that says that when we invest and when we invest taxpayers' money in an area, there's a return, and to try to look forward 10, 20, 40, 50 years to make sure that return is maximized? COMMISSIONER SAUNDERS: Well, certainly that's part of it. I think it's very interesting to look at a Walmart versus other types of development, but we have to have Walmarts and those types of commercial services. So it's all very interesting. And the part of it that was most interesting to me was the clustering and the increases in density to generate those types of returns. But, again, we've got a plan that's going to be coming to us in October with, I think staff said, about 50 recommendations, and it's just very difficult for me to fully appreciate all of those. I don't know if there's anyone registered to speak. I know there's some -- MR. MINICOZZI: Commissioner Saunders, if I may, that's -- I went really fast. I go through a lot of information. And, you know, I actually did a presentation in Colorado. It's a town called Rifle, Colorado. And the cities in Colorado run -- like, 90 percent of the retail comes to the city. They get 10 percent of the property tax. So they're really starved for retail dollars, and they fight tooth and nail to get retail uses. And they were -- this little town, Rifle, was really proud that they got a Walmart. And, you know, one of the biases that they -- that people see in my presentation that they -- I should say that they July 9, 2019 Page 40 interpret out of my presentation is that I'm anti -Walmart. And, you know, frankly, I don't care, you know, one way or another. I just want you to know the data and know that transactional cost. So they were proud that they got the Walmart. And I said to them, I'm like, did you not have the ability to get toilet paper and jeans before Walmart showed up, or is it about the price difference that you now get and enjoy with that Walmart? But there's a transactional cost in paying for that reduced price. The average Walmart consumes more in police services than it pays in property taxes. And you could just ask anybody in the Sheriff's Department if you have one that -- where the sheriffs maintain. They actually have a policy where because they don't ask you for a repeat, it actually incents people to steal things, take them back to the Walmart, and get paid for that thing. They c all it leakage. The leakage that a Walmart produces would be the 17th largest retailer in the entire company. And this is just their business model. Now again, don't hate the player, hate the game, but go into it consciously realizing that there is a financial exchange to get that land use. And I'll show you an example. This is -- the last time I was here this drawing was sitting right there, and it kind of blew my mind from a planning perspective, like, that you all are considering investing in this intersection with this amount of asphalt. That's a really expensive problem, right. This is a really expensive infrastructure. So we just said, well, let's just drop it into the model so you can see the valuation of what's going on around here. So you're basically investing in infrastructure adjacent to real estate that will never pay that cost back. I mean, you can see how low that value is. So when you design an infrastructure that's essentially designed for a singular purpose, it's going to affect the land uses around it. July 9, 2019 Page 41 I'm just -- a lot of this is just trying to connect the dots there, understand that there is a financial ramification to what you have to pick up for infrastructure based on the land uses around it. COMMISSIONER SAUNDERS: No, I understand that completely. I was just, again, looking at it -- at basically different issue, and that is the RLSA issue that we're going to be dealing with in October. CHAIRMAN McDANIEL: The -- the direct correlation -- where are we going? We have a couple of staff members that I think want to address what you had brought up, and then I want to talk to Joe about his most recent statement. So, Mr. Bosi, you walked in when this was brought up, or Mr. Cohen. Which one wants to go -- Joe? Excuse us for a second. MR. COHEN: And to respect your time and other issues on the agenda, as the manager's indicated, we're looking to bring some stakeholders together over the summer to be able to narrow the issues as you understood them, Commissioner. I think that's separate from the conversation that you're seeing here that's going to be able to be had later this evening as well as tomorrow. Outside consultants -- interestingly, a representative from Dwani Zeibeck (phonetic) will be here today talking in terms of design, urban design issues, forms. So I think as we go forward over the summer, we're going to have an opportunity, I think, to be able to address a lot of the issues that have been raised by other stakeholders, both the landowners as well as the environmentalists. Back in September, I think, when we meet, we'll be able to provide at least a snapshot as to where we think we are at that moment in time, having had those conversations over the summer. July 9, 2019 Page 42 And I think that will probably provide you, as we talk to each of you, with a better sense of where we are currently. My concern would be that we start to reinvent the wheel. As we get more folks involved, we've got a baseline that we did back some 10 or so years ago that we're kind of looking at how we're reforming and reshaping that. I think we're in a very good position as far as where we are as far as the issues are concerned, to start to inject some more players, I think, would start to sideline us as to where we need to go. I think we can touch on -- with folks to be able to make sure, as you're indicating, we're getting it right, but I think we've kind of got a timeline that will be able to help us get there. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: A couple of questions. Mr. Cohen, I'm not sure that information is going to be so bad for this process. And the thing that strikes me and why I'm so intrigued by Mr. Minicozzi's analysis is that we've never done that. This is new ground. We don't look at development that way in Collier County. We've never looked at development that way. And now we might have the tools to start building something that will address the issue of establishing neighborhoods to the east and the congestions on the road and how we -- how we minimize this. So I don't see this as -- I see it as a delay, and I can understand your angst about it, but I don't see this as damaging to the process. MR. COHEN: I think what you're seeing is it's been an ongoing conversation. Mr. Minicozzi was here earlier in the year to be able to talk in terms of putting forward these kinds of ideas and issues. We were able to give you an update as to where we were in the RLSA and the RFMUD, which is sitting out there for us still to be able to do. We'll be having conversations with folks over the summer. We have a public opportunity for Mr. Minicozzi to July 9, 2019 Page 43 continue to have those conversations about how the process works. But what we ultimately need to provide to you is that overarching construct as to where the county's ideas of what development and that larger framework will work. What you're seeing here is the more granular as to what development could be on a project-by-project basis within the context of that overall process. So what we'll still owe you is how we're going to resolve the issues between two stakeholder groups, as the manager's indicated, to narrow those issues down to something that you can then ask us to move forward with. This granular component, I think that's the conversation that just generates out in the general public on an ongoing basis, but that's not the process that we're engaged in. This is something that I think is a supplement to that, and my concern would be is as we're looking at those data inputs, how that relates to the overall fra mework. And our focus still is to be able to have a framework that allows for a multiplicity of ways that development can occur, of which this is one, of which our current process is another. COMMISSIONER TAYLOR: And I would agree with you, but I don't think one negates the other, and I think it should be a three-legged stool: Stakeholders -- both sides of stakeholders, the county, the taxpayers. And we're not considering the taxpayers in this. We're not considering the cost to the taxpayers in the white paper that I just read. Are we considering the concerns of the developers? We're considering the concerns of the environment, but we're not talking about the taxpayers, and that's what this does. It talks about taxes that we can use to run our $84 billion corporation. It makes a lot of sense to me. MR. COHEN: Well -- and, ultimately, tax policy clearly is not a planning issue. What Joe is talking in terms of is how you make July 9, 2019 Page 44 those relative decisions, but we still have to look at the framework in which those decisions ultimately get made. And then how they get made on the ground, I think that's a voice of many voices that we'll talk in terms of how these things ultimately get done. I think we still are mindful of what the costs are. I mean, I run the department that has to do the roads and the infrastructure. So, clearly, those are the things that we do worry about, and that's how we take a look at the overall planning construct to be able to help us get from where we are to where we need to be. COMMISSIONER SAUNDERS: Just one quick comment, and I know that some other people are going to be speaking on this. But Mr. Cohen you used the phrase "reinvent the wheel" I'm glad you said that because this wheel was -- again, using that analogy, this wheel was invented 20 or 15 years ago. MR. COHEN: Yes, sir. COMMISSIONER SAUNDERS: And we're now asked to implement this program. And I'm not afraid of reinventing the wheel if that turns out to be the best thing for the future of the county. And so that's my concern. I just want to make sure we're doing the right thing when we get into this -- these 50 recommendations. CHAIRMAN McDANIEL: You kind of jumped ahead. Commissioner Solis was a minute ahead of you, but that's okay. COMMISSIONER SAUNDERS: I'm sorry. CHAIRMAN McDANIEL: It's all right. We understand your statement. I understood what you said. Commissioner Solis. COMMISSIONER SOLIS: Yeah. One, in terms of the RLSA, I think -- I think no one has -- on either side of the issues has suggested that we should reinvent the wheel. I mean, that's -- neither the conservation community or the landowners have said, you know, this is a plan that's so flawed that we should start over. July 9, 2019 Page 45 And so I'm a little concerned with reinventing the wheel. I think this is an ongoing process. None of this needs to be set in stone. And while I appreciate the analysis that's been given, what I hadn't heard is how the market -- because Mr. Minicozzi started his analysis by saying, you know, you don't want to monkey with the markets too much like you have -- you know, governments have in different states. California being one of them. Yes, a Walmart might not produce as much tax revenue as a -- you know, some kind of housing, but yet in most of the places where Walmarts -- we've had applications to rezone property for a Walmart, it's not a place where anybody was interested necessarily in doing residential. I mean, so the market has to play a big part in this. And I appreciate this is an interesting way of looking at it, but I think it -- we also have to deal with and plan with what the markets want, what the residents want, and we deal with what's presented to us. We can't just say we're not going to have Walmarts because I think -- we can't do it, right? No, besides that, I mean, we can't do it because -- MR. KLATZKOW: One of your zoning criterias is not market -- how to maximize our market value. I mean, you know, if Walmart meets all your zoning criterias, you're getting a Walmart. COMMISSIONER SOLIS: Right, right. So I think this is -- it is an interesting way of looking at it, but I think we have to be careful in how we use this information, because we have certain limitations, not the least of which is our Land Development Code and what people -- landowners can apply to do on their property. So I was glad to hear that there's still some ongoing discussions between the stakeholders -- jumping back to the RLSA -- the stakeholders and the conservation community to try to narrow down some of the gaps and what the issues are. I think that's -- that's the best-case scenario in my opinion, that July 9, 2019 Page 46 we're going to narrow that down. Ultimately, I think, we're going to have to make decisions. Whether there's issues or decision points are going to be presented by experts, we get that all the time: Experts on one side of the issue, experts on the other. It's ultimately going to be up to us to make those decisions. I would be concerned with reinventing the wheel mainly because nobody has said it needs to be reinvented, and I think -- we're getting close, I think. Yeah, we're going to have to make some important decisions, but I think we're getting there. And I commend the staff for that, so... CHAIRMAN McDANIEL: And I'd like to say this. And this is something for all of my colleagues. As you know, I've spent an enormous amount of time on the RLSA. I was on that five -year review committee for two years of my life to bring that forward to the Board then. It's never going to end. COMMISSIONER SOLIS: No. It's not supposed to. CHAIRMAN McDANIEL: Nothing is carved in stone. What we adopt, if we do, in fact, adopt to transmit something with regard to the RLSA, we'll be subject to review again. And the goal is to -- my personal belief should be the goal would be to transmit a product that allows for adaptability, allows for analysis such as what was brought forward today. It would be, I think, Commissioner Saunders, premature at this stage to hire Joe's firm -- I'm sorry -- COMMISSIONER TAYLOR: Minicozzi. CHAIRMAN McDANIEL: Minicozzi. Forgive me, Mr. Minicozzi, wherever he went -- at this stage because -- other than to analyze what we, in fact, have that is existent with the RLSA. Once we make some decisions with regard to incentivizations for intensities within town centers and so ons and so forths as what has been proposed in the white paper, those are things that could have an economic impact going forward. But I think at this stage it's a July 9, 2019 Page 47 minute premature with regard to that. But the statement that I want to make is, it's never going to stop. There's -- once we get to a transmittable document for the Rural Lands Stewardship Area, I certainly hope that we designate a, relatively speaking, short period, because there's going to be items where we're just not going to be able to reach consensus. And I hope there's a relatively short period of time that we implement in that transmittal that brings it back for an additional review as time and information evolves to allow us to come to consensus. So the finality of what we're -- what's being discussed really isn't that. So having said that, I'd -- I do have a specific question for Mr. Minicozzi, and it has to do with your -- two statements that you made. The picture that you've got up there on the screen right now and that large expense with regard to that intersection improvement and not ever deriving an increase in the property values sufficient to warrant the offset of that expense. And it kind of falls in line with something that you said earlier in treating our roads as deficits, as -- not an asset but an expense. Now, are you giving consideration to the commerce and the capacity to transfer commerce to and through particular areas with regard to that delineation and the sole expense? I mean, it's inhere nt upon -- you said something about your air-conditioning unit on the top of your eight-story building and having to replace it. We, literally, this year have a line item in our budget that actually accommodates for appropriations of capital asset maintenance and replacement. And any prudent business, both in the private sector and government, I think, should be doing those things. I just -- I find it interesting that you delineate our road systems as a burden as opposed to a customers generator that actually allows us to receive revenues and enhancements of value. So that's one statement. July 9, 2019 Page 48 And then the second was: How far out does your circle go from that particular intersection with regard to the enhancements of the property value in correlation to that direct expense? MR. MINICOZZI: Well, in this case we just dropped it into that existing situation. And you're right, there will be a draw in gain -- CHAIRMAN McDANIEL: Did you just say I was right? MR. MINICOZZI: Yeah, but hang on. CHAIRMAN McDANIEL: Do it again. COMMISSIONER SOLIS: But. CHAIRMAN McDANIEL: But. COMMISSIONER SAUNDERS: You just lost all credibility. CHAIRMAN McDANIEL: Commissioner Saunders is done listening when you said that. MR. MINICOZZI: I'm with you. Look, this is all behavioral economics. If you ask me what I want, I want to be 6 foot tall and have a full head of hair. That would make me happy, you know, but there's a cost to that if I say you should pay for that, right. So there's transactional costs in all of this. The reason why that site may have been better for a Walmart and not a residential, it could be because of the street that's in front of it. It could be a car sewer (sic) that's just really difficult to live next to. I wouldn't want to live next to this intersection. You know, so the infrastructure has an impact on the land use adjacent to it and also the capacity of all of that. So we just did an analysis in Eugene, Oregon, and we said, let's just -- as a thought puzzle, you're not charging these streets for stormwater impact, are you? Are you sending a bill to the streets? Are you-all paying for a bill for that? Or are you sending it off to the taxpayers? So we, as taxpayers, are paying for the stormwater capacity of the sheet flow that's coming off the roads. And in their case, they July 9, 2019 Page 49 have 3.3 square miles of roads that are sheet flowing water that has to go into a stormwater system. Their stormwater system costs $450 million a year. So I said, just as a thought puzzle, rather than stretching out, let's compact the city to half its size. If you half the size, you're half the stormwater. If you're half the stormwater, you've just saved yourself $200 million. Could you think of a better use of $200 million than to pay for pipes? Could that go to your children's daycare? Could it -- you know, have you thought through this as a question that these are -- these are -- there are questions that are being asked out there that we're just not -- that we're not asking relevant in a public environment. CHAIRMAN McDANIEL: Well, I can understand your thought process, but you can't have half the size in America without a taking. MR. MINICOZZI: Well, I'm not saying taking -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: I'm not being argumentative with you, and certainly maybe we ought to have this discussion at a different time. MR. MINICOZZI: No, no -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: I just wanted an answer to my question with regard to the valuation for the property values intrinsic to this particular improvement to this intersection. MR. MINICOZZI: I'm being yanked. COMMISSIONER FIALA: I think you're emptying -- CHAIRMAN McDANIEL: Commissioner Taylor had a question. Do you have a question for him or -- COMMISSIONER TAYLOR: Yeah. A quick question of Mr. Minicozzi. What we're looking at -- we're not looking at -- we're not July 9, 2019 Page 50 looking at developing -- the issue before us, this commission, is not redeveloping the urban area of Collier County. It's developing the farmland, the former farmland, the land that folks own that there was an agreement made. So we're kind of creating. We are creating. It's not kind of. And there's a plan. But can you name some other communities that I will spend time this summer talking to some elected officials who have faced this before? MR. MINICOZZI: Yeah. Actually -- well, both -- we both have this experience from the East Coast of Florida. I think that -- you know, when I went to school in Miami in 1987, my grandmother lived in Broward County. And I can tell you -- I know this will make a lot of folks in this audience bristle. Collier County feels to me the way that Broward County felt in the '80s or Martin County felt in the '90s. It actually would be worth it for you-all to get in a -- just take a nice trip over to visit your peers in Broward and Palm Beach County or Martin County, meet with the other commissioners there, and say if you-all could turn the clock back in time, what would you advise us to do? Kind of like if I could visit -- my dad's passed away, but if I could talk to my father today about the habits that he would have changed when he was my age, you know, that I'm learning as I get older how to change my habits. And cities and counties have that same habitual pattern. And, again, it's just -- there are forces and dynamics in your system that we're not paying attention to, but there are also people that have made these mistakes but also capitalized on some good opportunities that they did the right thing. And I think that we probably have the same -- go visit those folks and chat with them. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Good. Thank you. July 9, 2019 Page 51 I think with that, we'll -- MR. MILLER: Mr. Chair, I know we don't normally take speakers under presentation, but I just wanted to let you know we did have two slips submitted. CHAIRMAN McDANIEL: I'm -- MR. MILLER: As a rule, we generally don't, but it's your prerogative, sir. CHAIRMAN McDANIEL: As a general rule, we usually don't. I mean, we're -- I mean -- MR. OCHS: Nor do you take specific action. CHAIRMAN McDANIEL: Right. MR. OCHS: I mean, this was intended to provide some information and context, not -- I didn't put the RLSA on this agenda for a reason, and -- CHAIRMAN McDANIEL: Correct. And we went right down that rabbit hole. MR. OCHS: We're not ready yet. CHAIRMAN McDANIEL: I enjoyed the presentation very much. I hope to be able to make your longer -- elongated one tonight. I don't -- I mean, it's up to you folks. Do you want to allow -- or have the public speak on something we're not voting on, or do you want to move on? It's up to you. COMMISSIONER TAYLOR: I'm all right with it. CHAIRMAN McDANIEL: Have them speak? COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: Let's go. It is the people's business. MR. MILLER: First up is April Olson. She'll be followed by Patricia -- I'm having trouble with this. Is it Forka? Forkay? MS. OLSON: Good morning, Commissioners. I'll be brief. I have to talk about the RLSA, since it's an issue that I work on. And, July 9, 2019 Page 52 by the way, I'm with the Conservancy of Southwest Florida. And I just wanted to -- first of all, I really appreciated the presentation by Mr. Minicozzi. And Commissioner Saunders brought up the idea of having a third party look at the RLSA in our current plan, and I think that Mr. Minicozzi's talk really brings -- ties in the importance of really creating some communities that are not going to burden our taxpayers. And by creating communities that are more compact and walkable, not only do we save taxpayer dollars, but also save natural resources such as agricultural lands and listed species habitat. And the RLSA program is -- it will accommodate a huge amount of growth. In fact, it's equivalent of about two Fort Lauderdales in geographic size. So we're not talking about just a couple thousand acres. We're talking about a 200,000-acre area. So we have to make sure that this is done right. And this process -- the landowners have their federal permit in to develop over a 50-year time period. So right now during this restudy is the time to get an independent third party to make sure that everything is done right; that we're not burdening the taxpayers and that we are saving our natural resources. So, I mean, that's basically all I wanted to say is we want to get it right. It was great to see -- or to see a presentation from a different perspective, and I think now is the time to make sure that we are doing this right while we're on the ground floor of the RLSA and as new towns are coming forward. Thank you. MR. MILLER: Your final speaker is Patricia Forkay. MS. FORKAN: Okay. I'm Patricia Forkan. I live in Lely. I'm a Commissioner Fiala citizen. I've gone to almost every single workshop, and I have talked at July 9, 2019 Page 53 length with Mr. Van Lengen and Mr. Cohen, and one of the things that troubles me a great deal as we keep putting this off is it's my understanding -- I hope I'm wrong -- but it's my understanding that the landowners are proceeding to develop and can continue to develop while we're all talking, and they can get permits -- if they get their permit in, if all of them get their permit in, and -- all of this is for nothing because they don't have to follow anything so -- that is decided. So RLSA suddenly becomes moot that we've spent all this time, and they've already built out the 45,000-plus or more acres. So I respectfully request that you consider the idea of a moratorium on building until the RLSA -- this process is finished. And I don't know if that's realistic but, anyway, I feel strongly that why should we continue having talks -- I didn't know we were going to have talks this summer with the stakeholders. But why should we continue if everything's just going to be built up while we're all jabbering? So that's my two cents as a citizen and as somebody that's paid a lot of attention to this and who sees a lot of stuff going on in East Naples -- and as we hear scientists talking about planting more trees rather than building more homes and more roads, because we need to have more carbon sinks. So that's my -- thank you very much for letting me put that two cents in. CHAIRMAN McDANIEL: Thank you. We will be back at 10:47. (A brief recess was had.) CHAIRMAN McDANIEL: I told Commissioner Solis I wouldn't start without him, so how's that working out? I think we're going to make a little adjustment on the fly, if I understood what we talked about a moment ago. July 9, 2019 Page 54 MR. OCHS: Yes, sir, Mr. Chairman. We do have a 10:45 a.m. time-certain hearing on 11D, but I know we had some members of the audience waiting on 10A and 10B. So, with your indulgence, maybe we could knock those out first. CHAIRMAN McDANIEL: I think that's a prudent move. MR. OCHS: Very good. Item #10A RENAMING THE CHOKOLOSKEE BRIDGE TO THE “JOHN JOSEPH BROWN MEMORIAL BRIDGE.” (DISTRICT 5) - MOTION TO DENY – APPROVED MR. OCHS: Item 10A is a recommendation to approve a resolution renaming the Chokoloskee Bridge to the John Joseph Brown Memorial Bridge. I believe we have one registered speaker, Mr. Chairman, and I know you brought this item forward previously. CHAIRMAN McDANIEL: I did. I did. MR. MILLER: You want the speaker, sir? CHAIRMAN McDANIEL: Yeah, sure. Let's do the public speaker. MR. MILLER: I'm going to have trouble with the speaker and this writing. J, is it Materi? MS. MATERI: Jennifer Materi. MR. MILLER: Materi, thank you. MS. MATERI: Good morning. Jennifer Materi. I'm in-house counsel for the Miccosukee tribe. Betty Osceola usually comes to these meetings. Unfortunately, she was unable to attend this morning. Miccosukee elders shared with me that the word -- let me see if I can pronounce it -- chickee keylacate (phonetic) -- excuse my July 9, 2019 Page 55 mispronounce -- means, in Miccosukee, old home, and that is the derivative of the Chokoloskee area and the bridge. As I'm sure everyone's familiar, Native Americans lived in the area and are a great part the reason that the area and the bridge has that name. The tribe is opposed to the proposed renaming of the bridge to the John Joseph Brown Memorial Bridge. In the petition it proudly stated that Mr. Brown was, in 1876, an Indian agent. I'm not here to speak ill of Mr. Brown, but this position was an anti-Indian job that was held through the federal government, and it's to implement federal Indian policies often by whatever means possible. Many Indian agents were corrupt. They skimmed annuities, colluded to steal land, and the agents asserted their power and authority over the Indians, usurping traditional political authority, suppressed natives' cultural religious practices, and forced those simulation policies. Given Mr. Brown's position as an Indian agent and the fact that the Chokoloskee bridge already has a Miccosukee name "old home" and is located in an area that has cultural and historical significance to the Miccosukee tribe, the tribe urges the Commission to deny the petition to rename the bridge and keep the Chokoloskee bridge as it's named now. CHAIRMAN McDANIEL: And that's the official position of the tribe you're reading, or the opinion of a few? MS. MATERI: That is the tribe's position, correct. CHAIRMAN McDANIEL: From the Council? MS. MATERI: Yes. CHAIRMAN McDANIEL: Okay, thank you. Yes, ma'am. COMMISSIONER TAYLOR: As you know, I asked you, and July 9, 2019 Page 56 you were very gracious in moving this to another meeting so that the tribe could meet with Mayor Grimm. And I don't know the outcome of that meeting, but I got a little busy on the Internet to understand Indian agent. Frankly, I wasn't aware of that myself wh en I read the petition. And what I found was a piece from the encyclopedia of the Great Plains, and it specifically deals with Indian agents. Now, this is an encyclopedia created by the University of Nebraska and by a professor there. And I'm just going to read briefly just the opening paragraph. It says that in both Canada and the United States Indian agents were responsible for implementing federal Indian policy. They were the government's representatives on reservations and reserves and, as such, they wielded great power over native peoples even to the extent of usurping their traditional political authority, suppressing religious practices, and transforming social roles. In the United States, Indian policy was transmitted from a commissioner of Indian affairs operating after 1849 from the Office of Indian Affairs in Washington, D.C., through regional superintendents to aid and to agents, Indian agents, who were responsible for single tribe or group of tribes. Then I had a conversation with Betty Osceola, and she said, you know, it's hard for us to understand what Indian agent means in terms of the input to a native -- to indigenous people. But she said, think about it as an SS officer, naming a bridge after an SS officer and what that would mean to the Jewish people. It's a poke in the eye, she described it as. And I -- this is not an aspersion on this gentleman at all. But, frankly, I think he became an Indian agent, as I read, in 1879, '76 -- CHAIRMAN McDANIEL: Something. COMMISSIONER TAYLOR: -- something like that. July 9, 2019 Page 57 CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: But that was a mere 46 years after Andrew Jackson issued his decree to remove all Indians from all territories so we could develop it. So it's a very tough position to be in, and I had no idea that Chokoloskee was a Miccosukee name. And when we think of the importance of our indigenous people today, I think it's important to remember that it was the Miccosukee tribe that sued the federal government because of the pollution of the Everglades. It was the Miccosukee tribe that stood up and said we can't do this anymore, and from that has come to what we're seeing today, this understanding of this environment. So I would just ask that we understand this and accept this and perhaps not vote to change the name. I can't support that for these reasons. And, again, it's nothing personal on the Brown family. And to Mayor Grimes if he's listening, the Browns of Everglades City are not the Browns of Immokalee. I found that out from Pam B rown. CHAIRMAN McDANIEL: Sure. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I agree with Commissioner Taylor in terms of not naming this under this particular agenda item. I don't see any reason to create this type of a controversy over a naming of a bridge. I would ask the folks in Chokoloskee and Everglades City to come up with another name, as simple as that. The Seminole Indians and the Miccosukee Indians are an extraordinarily important part of Collier County's history, and I don't want to be part of creating that type of a controversy. So I agree with Commissioner Taylor. Let's ask for folks in Chokoloskee and Everglades City to come up with another name. CHAIRMAN McDANIEL: Well, I have a thought, I think. I July 9, 2019 Page 58 would like -- there again, sometimes as elected officials you get to do things that you wouldn't necessarily do during the course of business. We have a resolution. We have an ordinance that requires a thousand signatures. We're getting ready to vote on another naming here in a minute, and it requires a thousand signatures and a vote of the Board, and there isn't a thousand people in that area to sign a petition. We have over 300 signatures there. And I've talked to Kenny. I've talked to Jeanine. And I haven't spoke to Betty. But one of the thoughts that I had, as this was welling up in the last week -- I did speak to Howie last week. He had a business meeting with the Business Council. He shared with me that short of Jeanine's bringing up the issue, that there didn't seem to be any angst with the Business Council with regard to this. That was his perception. This is all just hearsay. I then asked -- Jeanine asked me to -- COMMISSIONER FIALA: Who's Jeanine? CHAIRMAN McDANIEL: Bennett, the general counsel for the tribe. She's the one I've been speaking to until today. And then I even went so far as to call Howie, asked him to bring it up at his council meeting last week and asked if they wanted to rescind their resolution of support. There wasn't any move to do that. As we all know, most of the folks in Everglades/Chokoloskee are related to Mr. Brown. He's one of the original -- he's one of the original settlers down there. The thought that I had, Commissioner Saunders, was maybe we continue this one more time. I will go meet with the Council myself personally and see if there is a compromise in the naming process that we could, in fact, come up with and bring that back. COMMISSIONER SAUNDERS: All right. I don't want to jump ahead of anybody. I don't have any issue with continuing this, but my position is not likely to change when this comes back unless July 9, 2019 Page 59 there's a change in position from the Miccosukee and Seminole Indians, and I would not expect that to happen. So we're sort of delaying what -- unless there's -- there may be three votes to name this the way it is, but assuming there aren't three votes today, we're not going to have three votes down the road unless there's a change of position, and I don't think there will be from the presentation that's been made. So I think the better choice -- and I don't -- again, I'll support you on continuing it, but I think the better choice is let's come up with another name. And I think that's what we'll ultimately wind up doing if we continue this. CHAIRMAN McDANIEL: There's nothing wrong with the name that it is. We've been asked to rename it to the Brown Memorial, and that's what I'm doing. So -- and I don't -- there again, I said this to Jeanine and I said this to Howie, this is something that I'm being asked to do. So, Commissioner Solis. COMMISSIONER SOLIS: Well, my thought is, I think it's a very sensitive issue, and I would hate to see some controversy over the renaming of the bridge. I like the Chokoloskee Bridge. I mean, it's got a nice ring to it to me. But maybe -- I wouldn't be against a continuance and maybe in that process there would be another way to honor, you know, the Brown family and Mr. Brown, if that's, you know, something that the folks in Everglades City want to do that -- maybe there's something else that can be done besides renaming the bridge. Just a thought. CHAIRMAN McDANIEL: Fair enough. And I'm -- again, I'm not looking to continue the inevitable. If there isn't support to do this -- I've been asked to -- how do you feel? Your name's up. COMMISSIONER FIALA: Yeah. My name is up because I think that the -- I see no problem in delaying it because I like the idea July 9, 2019 Page 60 of you coming up with a compromise. Maybe there's something else they can name for him or whatever, being that all of the Browns live there, and that might be a way to work with them and work with the Indians, have this -- as long as this is a very important thing to them, then there's something else that they could name, and I don't know what it is. But you've got -- you said you're going to work with them personally, and I think that's a great idea. CHAIRMAN McDANIEL: I would be happy to go meet with the Council and see if there's something we can do. COMMISSIONER FIALA: Okay. COMMISSIONER SAUNDERS: Well, based on what she's just said, that the Seminole/Miccosukees aren't -- there's not going to be a change in their position, we have three or four and possibly five commissioners that kind of agree we're not going to name it after John Joseph Brown, let's vote no on that -- COMMISSIONER TAYLOR: Yeah. COMMISSIONER SAUNDERS: -- and then have you -- instead of just continuing it, because we're going to have the same conversation. Instead of continuing it, let's vote that down and just have you do your magic in terms of working with the parties that have an interest. And maybe it stays the Chokoloskee Bridge. Maybe it changes. But -- so I would -- if this meets with your approval, Mr. Chairman, I'll make a motion to not approve the renaming of the bridge to the John Joseph Brown Memorial Bridge and give you the authority to see if you can work something else out and come back to us. COMMISSIONER TAYLOR: Second that. CHAIRMAN McDANIEL: It's been moved and seconded to deny the request to rename the bridge. Any other discussion? July 9, 2019 Page 61 COMMISSIONER FIALA: No. I would like the Seminoles, though, to come back and tell us what they've done in Chokoloskee to work with the people, so that would be an interesting thing too, but I will agree with you. COMMISSIONER TAYLOR: Well, I think it's very important to note that the chairman, Billy Cypress, was at the Everglades Seafood Festival. He was one of the dignitaries there, and that's because the Miccosukees gave a direct donation to the Everglades Seafood Festival. CHAIRMAN McDANIEL: Right. It's been moved and seconded. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed? Aye. So carried. MS. MATERI: Thank you. Item #10B RESOLUTION 2019-138: A CITIZEN PETITION REQUEST RENAMING THE EAGLE LAKES COMMUNITY PARK THE “DONNA FIALA COMMUNITY PARK.” THE REQUEST IS SPONSORED BY MR. PHILLIP BROUGHAM AND SUPPORTED BY 1,007 RESIDENTS OF COLLIER COUNTY - MOTION TO RENAME THE PARK THE DONNA FIALA EAGLE LAKES COMMUNITY PARK – ADOPTED MR. OCHS: Item 10B is a recommendation to consider a July 9, 2019 Page 62 citizen petition request to rename Eagle Lakes Community Park the Donna Fiala Community Park. The request is supported by Mr. Phil Brougham and supported by over a thousand residents of Collier County. Mr. Mike Sheffield, your Communications and Customer Relations Division Director, will make a brief presentation. Michael? MR. SHEFFIELD: Good morning, Commissioners, Mike Sheffield, your Director of Communications. And I'm here with someone you all know very well, Mr. Philip Brougham, and he is the sponsor of this petition. So unless -- if you have questions of me regarding the policy or the process involved, I'd like to turn the mic over to Mr. Brougham. MR. BROUGHAM: Thank you, Mike. Good morning, Commissioners, and especially to, hopefully, the commissioner that we're going to honor this morning with this request. My name is Phil Brougham, and I've lived here full time in Collier County for 19 years. I'm a member of the Parks and Recreation Advisory Board. I think it's appropriate that last meeting you, as a commission, proclaimed the month of July as Parks and Recreation Month, and today we're asking you to honor a colleague, Commissioner Donna Fiala, for her dedication long over the decades as a champion of our parks system. She's left an indelible mark not only on Collier County over the years but on our park system and what you see today. I've known Commissioner Fiala -- I want to say Donna, but I won't -- Commissioner Fiala for over 15 years, and it's been my privilege personally to work with her on many, many park projects and concerns and to also become her friend and to get to know her and what is her passion. July 9, 2019 Page 63 She has a passion for improving the facilities of Parks and Recreation across all sections of this county, not just in East Naples, but every park. And I've been on a tour multiple times where we go from park to park to park, and we'll point out different things that need to be improved, and we always find quite a list, but that's a story for another day. Her persistent efforts for Eagle Lakes has resulted in a community center and a state-of-the-art aquatics center being constructed at that park and, as a result, it has been one of our most visited parks. We began the process to collect signatures for this petition to rename this park almost a year ago. And there were times where I didn't think we were going to attain the minimum signatures required, but we kept going and, ultimately, we collected 1,234 signatures. Your resolution says 1,007, but that was after culling out those folks that were gracious enough to sign their name and print their address but no city or no zip, so we couldn't verify that they, in fact, had a residence here. I want to point out specifically the great assistance that we got from the residents of Fiddler's Creek as a community, from Jim and Carol Ludwig, from Ann Hall, from Jean Kungle, from Shirley Barsic (phonetic) and Joe Swaja. Those are all names that you probably know, and they all worked very hard to gather the signatures. We believe, as a group, that it's fitting and proper to rename Eagle Lakes Community Park to Donna Fiala Community Park in recognition of her passion and dedication to improving our park system and providing recreational facilities and opportunities for the children of Collier County. And I'm here to ask you to please approve this resolution. CHAIRMAN McDANIEL: Thank you. July 9, 2019 Page 64 Commissioner Taylor. COMMISSIONER TAYLOR: Just one thing. Congratulations. I totally support this. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: And I remember -- I think our dear Commissioner Fred Coyle was outgoing, and I remember the discussions -- because at that point I was monitoring meetings -- of the Fred Coyle Freedom Park. So I'm wondering if you would agree, ma'am, to calling it the Donna Fiala Eagle Lakes Community Park. COMMISSIONER FIALA: That's fine. Thank you. Yes. I'm so -- COMMISSIONER TAYLOR: Oh, you do need to talk. Come on. MR. BROUGHAM: Commissioner, you have to put your mic up close. CHAIRMAN McDANIEL: Yeah. You've got to bring your microphone up. COMMISSIONER FIALA: That would be very lovely. Thank you. I'm shaking. MR. OCHS: Mr. Chairman, I don't know -- (Applause.) MR. OCHS: Troy? COMMISSIONER SAUNDERS: I'll second the motion. MR. MILLER: It was Phil. COMMISSIONER SAUNDERS: I'm sorry? I'll second the motion. I do have a question, though, that's related. There was already a facility in the park that I believe was named after Donna Fiala. Would it be appropriate -- and this is a question for the Board. I'm not suggesting that we necessarily need to do this, but it seems to me that we would take the name off of the community center and just July 9, 2019 Page 65 name the full park. That would be -- CHAIRMAN McDANIEL: That's what they're asking to do. COMMISSIONER SAUNDERS: Oh, I'm sorry. I didn't realize that that was part of it. CHAIRMAN McDANIEL: And I'm just questioning why you're wanting to add Eagle Lake in there and not just rename it -- COMMISSIONER TAYLOR: Because it was the Fred Coyle Freedom Park, it placed the park -- everybody knew the Freedom Park. So they named the park after Fred, but put his name, Fred Coyle Freedom Park. So everybody knows Eagle Lakes, but let's -- you know, it could be the Donna Fiala Community Park at Eagle Lakes, but I don't know. It sounds kind of nice. Donna Fiala Eagle Lakes Community. COMMISSIONER FIALA: I think that's great. I like it. I do. And that way then you -- CHAIRMAN McDANIEL: Motion? COMMISSIONER TAYLOR: And I spoke with Mr. Brougham and he said yes, just name it. MR. BROUGHAM: Well, I think I said just vote for it. CHAIRMAN McDANIEL: Motion? COMMISSIONER TAYLOR: Oh, we have a motion and a second. CHAIRMAN McDANIEL: Motion and a second. It's been moved and seconded. Any other discussion? COMMISSIONER SOLIS: Other than to say congratulations. CHAIRMAN McDANIEL: That's right. COMMISSIONER FIALA: Thank you. COMMISSIONER SOLIS: And thank you for your years of service. (Applause.) COMMISSIONER FIALA: Thank you. Thank you so much. I July 9, 2019 Page 66 appreciate that. Can I stand too? MR. BROUGHAM: Thank you very much. COMMISSIONER FIALA: Phil, thank you for all of your work. CHAIRMAN McDANIEL: I haven't called for the vote yet, so don't go away. COMMISSIONER FIALA: Oh, I was so afraid everybody would vote against it too. I was sick to my stomach this morning. CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. There you go. COMMISSIONER TAYLOR: There it is. MR. BROUGHAM: Thank you. COMMISSIONER FIALA: Thank you, everyone. Thank you for being here. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, just one more bit of housekeeping, you know, we do have Item 7, public comments. I'd like to get that over before the afternoon session. CHAIRMAN McDANIEL: I would like that as well. July 9, 2019 Page 67 MR. MILLER: Mr. Chairman, I have one registered speaker for public comment. Rae Ann Burton. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton, rural Golden Gate Estates. Hope everyone had a great 4th of July. Current concerns: Water pollution. Last meeting water-quality spokesman said developments were the cause, but approvals for more and even denser developments are being permitted. Naples websites have several foreclosed homes, some in the developments and yet more development is permitted. Fire Department states vegetation should be 50 feet from house. Developments build five -- 10 feet or less. Fire hazards waiting to happen? Sixty-five-feet-high building next to single buildings? Some with the same wall built with a maze of roads with one or two ways in and out. Emergency evacuation issues. Heavy construction vehicles destroying Immokalee Road, surrounding streets, and Estates. Ever run over railroad tracks? Some developers have buried wildlife boroughs. Cleared land totally of all vegetation. Destroyed habitat. Some lay undeveloped for month or years destroying natural water flow, creating flooding. Use broken concrete slabs for landfill. Waste aquifer water when dug too deep, flooding nearby land, using aquifers to replenish water retention ponds, lakes, and road medians. Now proposed millage rate go up, which is charged by county municipalities, emergency services, college and school boards. Already the sixth highest county in state. Millage pays for median beautification. Some even have dug wells tapped into the aquifers plus electric to run the pumps. Newly vegetated median on Immokalee has dead grass. Sprinklers creating standing water on road. Millage rate is paying for July 9, 2019 Page 68 that? Heavy construction vehicles are creating traffic nightmares by speeding and land -- lane switching. Some can't even make a left turn across Immokalee. They're too long. Create traffic tie-ups. Last, please recommend -- recommendation to appoint Angie Berks, a member of Golden Gate Estates, land trust community. Thank you for all that you do. Please remember all current and future issues when making your decisions. Growth is great but with control. One cookie is great, but more will spoil your supper. Keep control of all the growth cookie jars. Don't spoil our paradise environment. Thank you. CHAIRMAN McDANIEL: Less than three minutes. MS. BURTON: Thirty-eight seconds. CHAIRMAN McDANIEL: Outstanding. MR. MILLER: That was your only speaker for public comment, Mr. Chairman. CHAIRMAN McDANIEL: Now we'll go. Item #11D SELECTION COMMITTEE RANKING FOR INVITATION TO NEGOTIATE NO. 19-7556 FOR “BEMBRIDGE PUD AFFORDABLE HOUSING LAND DEVELOPMENT” AND AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM OF MCDOWELL HOUSING PARTNERS, LLC AND, IN THE EVENT THAT AN AGREEMENT CANNOT BE REACHED WITH THAT FIRM, TO CONTINUE NEGOTIATING WITH THE REMAINING FIRMS IN RANKED ORDER TO OBTAIN A PROPOSED AGREEMENT, WHICH WILL BE BROUGHT BACK TO THE BOARD OF COUNTY COMMISSIONERS FOR CONSIDERATION AT A July 9, 2019 Page 69 SUBSEQUENT MEETING - MOTION TO SELECT MCDOWELL HOUSING PARTNERS, LLC – APPROVED MR. OCHS: Commissioners, we move now to Item 11D. This is a recommendation to approve the selection committee ranking for the Bembridge PUD affordable housing land development project and authorize staff to enter into negotiations with the top-ranked firm of McDowell Housing Partners, LLC. And Ms. Kristi Sonntag, your Director of your Division of Community and Human Services, will begin the presentation. MS. SONNTAG: Good morning, Commissioners. Kristi Sonntag, for the record. I'm here this morning to present to you staff's recommendation for Bembridge PUD ITN 19-7556. As you will recall, the Urban Land Institute completed their study in early 2017, and one of the recommendations identified through this study was for the review and use of publicly owned lan d and, subsequently, in 2018 the Board passed a resolution to support this initiative. The adopted housing plan identifies the area of greatest need for housing in our community to serve those below 140 percent of area median income and, most specifically, those who are very low and low income. In December of 2017, the Board directed staff to conduct a feasibility study of the Bembridge property. The property, just as a reminder, is located between Santa Barbara and Radio Road. This is a 5.1-acre site with 1.27 acres reserved for the Public Utilities pump station. This site can accommodate a higher density; however, as you'll see in the proposals from the firms, that they are not recommending maximum density. It's surrounded by Calusa Elementary and the EMS station. There are other rental developments nearby, and the property is July 9, 2019 Page 70 located in a density band. The land was purchased in 2002 for the construction of the Emergency Management building; however, this did not occur. The price at that time was 406,697. An appraisal was completed in February of '18 appraising the property at 774,000. The 3.8 acres for the residential development are appraised at 581,363, while the 1.27 for public utilities is at 192,637. The feasibility analysis. In September of 2018 staff commissioned Davidson Engineering to complete a feasibility analysis of this site. It was determined that there were no adverse effects to the schools, traffic, or the environment and, in fact, they recommended density for low being 29, mediu m 54, and high at 78. Davidson Engineering completed a conceptual bubble plan with the center area for the residential development. That's the 3.8 acres. And the pullout there is for the pump station. Now, the developers and Public Utilities can work together to determine where the location of the pump station best fits on the property with their structures. Following the study, staff met with the Affordable Housing Advisory Committee, and that committee recommended unanimously that we move forward with the development of an ITN for this property. As a result of the positive recommendation of the AHAC and the feasibility study, on November 11th you provided direction and approval of the ITN criteria and directed us to move forward unanimously with preparation of the ITN. As a reminder, an ITN is a public competitive process used to select one or more vendors to which whom we can negotiate. The ITN for Bembridge was released on February 6th. 23,864 firms were notified. We had 114 downloads. Eight proposals were received on April 10th. July 9, 2019 Page 71 Procurement found all eight proposals to be responsive and responsible. The selection committee initially met on May 21st. They reviewed the proposals and short listed the top firms. And then on May 21st -- or, I'm sorry, on June 12th, the committee met again and had presentations from the top firms, at which point their three top proposals were ranked. They were, No. 1, McDowell Housing Partners; No. 2, JHM; and, No. 3, Habitat for Humanity. And with that, I'm going to turn it over to McDowell Housing Partners so they can show you their proposal. And we have Ariana Brendle and Chris Shear. MR. SHEAR: Good morning, Commissioners. How are you? CHAIRMAN McDANIEL: We're good. How are you? MR. SHEAR: Great. Thank you. Let her pass out the presentation here. Again, my name is Chris Shear. I'm Managing Director of McDowell Housing Partners. And with me is Ariana Brendle, who is our Development Manager. Foremost, you know, I want to commend the Commission for taking a progressive action to address the lack of quality workforce and affordable housing. We see a huge demand across the state. There's been a loss of housing due to recent hurricane activity, and there's a lot of opportunity to deliver, through various sources of funds, a quality project on this site. So we're excited about that. This is what we love to do, and we appreciate the opportunity. Where's the clicker? MS. SONNTAG: Right here. MR. SHEAR: Sorry. Figure out the tech side of this. And I will try to be quick. I know we're limited to just a few minutes, so... COMMISSIONER TAYLOR: But you're not on the clock right now. July 9, 2019 Page 72 CHAIRMAN McDANIEL: I think we've appropriated about 10 minutes for each presenter, if I'm not mistaken. No, you'r e not limited to three minutes, so, I mean -- MR. OCHS: We tried to tell them they had, you know, six to seven minutes to give their presentation. CHAIRMAN McDANIEL: Less than 10. MR. SHEAR: I talk fast, so we'll get through it. All right. Thanks again. We were -- as you saw in Kristi's presentation, our presentation/proposal was ranked the top proposal of the eight proposals that were listed. McDowell Housing Partners, just to get a little context on who we are, we are an affiliate of McDowell Properties. McDowell Properties -- we are the affordable workforce housing arm of McDowell Properties. McDowell Properties is a national development/investment multifamily company. McDowell Properties has amassed about 45,000 units through acquisition and development. As it relates to the affordable side, I personally orchestrated and developed about 2,500 units, most of those in the state of Florida. Most of those with public/private partnerships as well. We're Florida based. We're over on the east coast based in Miami. You know, we have a deep relationship and rapport with Florida Housing, who administers a good proportion of the funding on behalf of the state as well as on the federal funds that get administered through Florida Housing, and we'll get into some of those funds in a moment. McDowell Housing Partners -- you know, this may not seem like much, but we are a select sponsor of Freddie Mac. There's only 40 select sponsors throughout the country. So it's something that we hold -- you know, we take a lot of pride in. And, you know, Freddie Mac is a multi, multi-billion-dollar issuer of debt for multifamily July 9, 2019 Page 73 assets. So getting into the proposed design. We looked at this. We really wanted to give you guys an opportunity to work from the inside out. That's generally how we approached this. We don't want to take a firm stance that this is solely going to be a senior development or solely going to be a family development. We did look at the criteria and some of the direction, and we tried diligently to meet and exceed the expectations that were laid out within the solicitation. So what we've designed is a development that will maximum the current zoning and allow us to build 78 units, which is as of right to not have to go through a lengthy rezoning and entitlement process. We've designed both a family and senior development; however, keep in mind in the family development, if we proceeded there, there would be a number of one-bedroom units, currently 34 one-bedroom units, which would be geared and marketed towards senior population. So just because it’s family does not preclude seniors from living within the development. Senior development would be limited to 55 years plus, and that is a mix of largely one- and two-bedrooms. Both of the site plans, as you can see within the presentation, work very well with the site, and we incorporate the pump station on the -- the eastern portion of the parcel. Next. So just to give you an idea of the interior finishes and the amenities that we provide. In terms of interior finishes, this is kind of our standard design package. You know, budget pending, we will often upgrade to stainless steel appliances, but these are full-size energy-star appliances. We go with generally a granite or solid-surface countertop. We have a luxury tile plank flooring which we find to be very attractive aesthetically as well as durable, solid counters -- or sorry, solid cabinets. July 9, 2019 Page 74 You know, pretty standard package, but as you'll see, this really reflects what most market-rate developments in this community are delivering now. So although this property would be designated an income-restricted, there's really no difference aesthetically from a market-rate development. CHAIRMAN McDANIEL: One question. MR. SHEAR: Yes, sir. COMMISSIONER FIALA: Do you have a facility already here in town? MR. SHEAR: We do not operate any developments in Collier County. COMMISSIONER FIALA: Okay. Thank you. MR. SHEAR: So this is just a quick rendering of the units. Very efficient units. We have, you know, L-shaped kitchens which provide ample counter space with islands. These are the designated unit mix depending on whether it's family/senior or solely senior. Only ones and twos in the senior designated development. Something to keep in mind is we are proposing to build concrete construction, impact windows, and provide generators on the property because that -- just looking at the future of hurricane activity, we think it's important. We're long-term owners and operators of the asset, so we want to make sure that the asset will be maintained for the long term. COMMISSIONER TAYLOR: That's my question. Do you operate what you build, or do you sell it? MR. SHEAR: No, we do not sell. We're long -term operators; generally 15 years or longer. We will use third-party property management, and that's just been always our strategic kind of tact in the sense that we want the best property manager for the community. And we've operated a property management company, and it wasn't -- it wasn't worth the overhead, and we found that we had better July 9, 2019 Page 75 operation. So we will third-party a local property manager, but we do operate it, and we have our asset management team in-house. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: Could I ask also one more question? Do you have a washer and dryer in each unit? MR. SHEAR: Yes, ma'am. Washer and dryer hookups in each unit, and generally there is a small premium for the washer and dryer rentals. If budget permits, we do include those washer and dryers as well. So it just really comes down to the final numbers. COMMISSIONER FIALA: I didn't understand. Does a washer and dryer come with each unit? MR. SHEAR: They may or may not. The hookups are in each unit within a closet. We generally, budget pending, we have to figure out if we can afford to buy the washers and dryers, but they're always available for lease if they're not provided to the residents. And site amenities, again, this is, you know, really a market-rate level development. We have full fitness centers, playgrounds, tot lots, a multi-purpose community room. Swimming pool is pretty standard in all of our developments, and as you saw from the site plan, we anticipate including all of those within this development as well, so... Our residents get a lot of use out of it, and, you know, we find it to really provide a better community. Okay. So getting into the proposed income targeting. Given the direction of this being a workforce and affordable housing development and some of the financing constraints we work under, we generally are required to set aside 10 percent of the units to what's the extremely low-income level, which in this case is 30 percent of Collier County's AMI. As you see here, 30 percent on a one-bedroom is about -- net of a utility allowance is about 700 -- I'm sorry -- about $313 per month. So that's quite affordable. July 9, 2019 Page 76 And then on the 60 percent units, which are required for our tax credit financing that we have to average to 60 percent of the area median income, that rent on a one-bedroom is 750, and up to the three bedrooms of just over $1,000 per month. Again, you know, 10 percent of these units will be marketed and set aside for seniors regardless of whether it's a family development or specifically a senior-population development. COMMISSIONER TAYLOR: Don't you have to build differently for seniors? I mean, these are going to be designated apartments; isn't that correct? In terms of the width of the doorways. MR. SHEAR: Oh, yeah. COMMISSIONER TAYLOR: I've been told this. I'm not sure it's -- MR. SHEAR: There's a multitude of design requirements. So we work under -- because of the financing particularly, there are a number of requirements within the development that are universal federal accessibility design standards, ADA standards, Section 504 standards. There's a number of constraints and design factors that we work under to address exactly that where a number of the units have to be on an accessible corridor. They have to maintain certain turn radiuses. They have to have accessible features. And it will depend on the deve -- the number of units that have some of those features, such as the turn radiuses for a wheelchair, full accessibility is a percentage of the total number of units. So depending on how many units we build, that number could increase or decrease. COMMISSIONER TAYLOR: And you don't go above 80 percent? You can't go to 120 percent? MR. SHEAR: We can. So that's a good question. We certainly can. It's -- at some level it may make us more or less competitive within the financing. The financing structure, which we can get into July 9, 2019 Page 77 now -- this is the next one. Go to the next slide. So under Slide 8 here you'll see that there's a number of upcoming financing solicitations through Florida Housing that are available, and depending on which one we pursue -- our intent is to pursue all of them until we get this deal financed. I mean, that is the goal. There are some nuances within each of them that may prohibit the number, and if we add more, we end up becoming a little less competitive because we have to request more -- we're losing the tax credit equity, so we're having to make it up with more debt. So there's a little bit of a balance, but to answer your question, we can certainly include above 80 percent AMI. We would just ask that -- our next step would be to do a market study. So let's figure out where the market is. And if the market's at 100 percent AMI, we probably wouldn't be able to go up to the 140 because we're not gaining anything from that side, so... COMMISSIONER TAYLOR: Or 120. MR. SHEAR: So it will be basically at the market level. We can certainly integrate units, and it's just rebalancing. COMMISSIONER TAYLOR: I'm sorry. How does it work? Because every year we determine the average mean income in Collier County, and last year it went from 65- to 75,000. I'm not sure what it -- we don't have that right now, do we? What is it this year? Seventy-three? MS. SONNTAG: Seventy-eight, three for a family of four. COMMISSIONER TAYLOR: Seventy-eight, three, okay. So you lock in that financing at a certain AMI. No matter what it goes to, that's what they use, right? You don't have to -- MR. SHEAR: We actually place the building in service. Once it's delivered, then we lock in to our rents at that point, and the rents can go up proportionate with the AMI increases. COMMISSIONER TAYLOR: Okay. July 9, 2019 Page 78 MR. SHEAR: But there are some rules with that in terms of notice periods and so forth. So there's -- you know, FHA is very strict on displacing residents, so it's not like we're going to increase the rents like a market-rate community can and basically displace everybody who can't afford it. COMMISSIONER TAYLOR: And the leases -- how long are the leases in your buildings? MR. SHEAR: One-year leases. COMMISSIONER TAYLOR: One year? MR. SHEAR: We have the ability to go to six months, but we don't. We have enough demand that we don't want a transient community, so we prefer one-year leases. COMMISSIONER TAYLOR: Nothing longer than one year? MR. SHEAR: We renew every year, but we generally don't -- COMMISSIONER SOLIS: Sales tax. MR. SHEAR: -- extend to -- COMMISSIONER SOLIS: Sales tax applies if it's over -- more than a year. COMMISSIONER TAYLOR: Oh, didn't know that. MR. SHEAR: Learned something new. Thank you. COMMISSIONER TAYLOR: Oh, that's good to know. COMMISSIONER FIALA: Could I ask another question about that also? I was just at another place, their grand opening, and so -- and they said -- they gave me the prices for that day, but they said they fluctuate all the time. And I said, so how can you quote one and then, you know, two weeks later it's a different? Well, they said they tell everybody the prices fluctuate. Does that happen in your facility as well? MR. SHEAR: No, no. We're trying to achieve the AMI set-aside we're at, and we cannot go above that. So we have a ceiling. We can certainly go below and certainly offer concessions, July 9, 2019 Page 79 but in this market today, that's not something we typically have to do. So we set our rents, and whatever the AMI is that particular year will be the maximum rent that we can charge, and there is a utility allowance that we pass through to the residents, and they'll get a reduction of that rent for their electric al, water, sewer, and trash service. COMMISSIONER TAYLOR: So I rent from you, and then there is a reduction based on the utilities I use? MR. SHEAR: Yeah. It's a prescribed number either from the local housing authority, or you can do an energy consumption study. So if your gross rent, maximum rent on a 60 percent unit is $1,000, by way of example, and the PHA schedule for utility allowance is $100, your net rent out of your pocket would only be $900. So it's -- and that's all done within the lease, so the residents really don't see all that. CHAIRMAN McDANIEL: The acronym for PHA? MR. SHEAR: Public Housing Authority, excuse me. COMMISSIONER FIALA: That's good. COMMISSIONER TAYLOR: And there's -- and because these are rentals, there's no -- there's no surcharge for the amenities? I saw there was a pool and meeting room. MR. SHEAR: No surcharges for the residents, and it's not open to the public either. So this is a private facility for the use of the residents and their guests. COMMISSIONER TAYLOR: Okay. MR. SHEAR: In terms of the cost to the county, we are not asking for any additional funding depending on the financing that we end up securing. As I mentioned, we're going after a number of different sources of financing. Some of them are more lucrative than others and can support a land cost. If we're lucky enough, for instance, to secure a 9 percent tax credit award, we can support a land July 9, 2019 Page 80 payment. So I think within the development agreement that we move forward on, there will be some provisions whereby if we're able to secure a favorable financing terms on the 9 percent credit or through enough gap financing, we will actually pay the county as much as we can support for the land up to the appraised value. At the minimum the county would contribute the land, and there would be no additional requirements from the county for financing. Some of the community benefits here, I won't belabor those, you know, but there's some ancillary benefits that I think are important to note. And, you know, this is just a basic source and use. You can see the difference between two of the financing structures that we'll be pursuing, and the other financing options are there. Bottom line is, you know, we plan to make this a top priority, and this will be an opportunity for us to pursue a number of different sources that are available out there, not just take a swing at the 9 percent tax credit, which is incredibly difficult to secure last year in median counties. There's 190 applications for 10 developments. So we need to find other avenues, and that's what we plan to do. Quick timeline. We're hoping to get a development agreement executed prior to the end of August which the first application for financing is due that we would like to pursue. So we look forward to moving quickly through that process with the county. Ultimately, we have an application and a design process that will take us out until probably March of next year, and then we would close on our financing by early summer, commence construction. Construction's a 12-month period, 12 to 14 months, and we would deliver in two years. So this is a long process. It's a long gestation process here, but it's the way the development works often, and we're going to move as July 9, 2019 Page 81 fast as we can. We have incentive to get this deal closed and to get it built as quickly as possible, so we'll do our best efforts to get there. Just in summary, thanks again for the opportunity. You know, we think now is a good time for you guys to bring this out. There is a number of different financing vehicles that are available, and, you know, we plan to exhaust those, and we look forward to working with you guys as a partner. CHAIRMAN McDANIEL: Thank you. Commissioner Solis? COMMISSIONER SOLIS: Out of curiosity, what's the closest development that you've done to Collier County -- MR. SHEAR: I would -- COMMISSIONER SOLIS: -- geographically? MR. SHEAR: -- say it's Bradenton. COMMISSIONER SOLIS: Bradenton. MR. SHEAR: So up the west coast. A number of deals in Tampa, in the Tampa market. So we have built on the west coast, and we have a great general contractor who we work closely with, and so we have the ability to design build, which saves a lot of cost issues and so forth. COMMISSIONER SOLIS: Sure. Thank you. CHAIRMAN McDANIEL: My only question is deed restrictive covenants. How long of a hold period in order -- is that determined by the third-party financing, or is it something you consent to? MR. SHEAR: Florida Housing generally requires today 50 years. CHAIRMAN McDANIEL: Five oh. MR. SHEAR: Fifty; five oh. CHAIRMAN McDANIEL: Five oh. MR. SHEAR: For their funding. And there are programs that we will be pursuing that actually require the property to remain in perpetuity as affordable housing. So this is a long-term affordable July 9, 2019 Page 82 housing development. Perpetuity would be in 99 years. CHAIRMAN McDANIEL: Commissioner Taylor and I are up here talking about whether -- COMMISSIONER TAYLOR: Perpetuity. CHAIRMAN McDANIEL: -- in perpetuity or not, and I like it. So she doesn't say it exists. So there you go. COMMISSIONER TAYLOR: The attorney doesn't say -- in law it doesn't exist. It's only the next court case. CHAIRMAN McDANIEL: Right. Thank you, sir. MR. SHEAR: All right. Thank you all. CHAIRMAN McDANIEL: Thank you very much. Or in our case when three of us say that's over. This is what we're doing. That's in perpetuity. MS. SONNTAG: Okay. Our No. 2 ranked firm is JHM, and from JHM we have Ely Banks and John McClutchy. MR. McCLUTCHY: Good morning. COMMISSIONER TAYLOR: Good morning. MR. McCLUTCHY: I'm John McClutchy. This is Ely Banks. I represent JHM Group of Companies. CHAIRMAN McDANIEL: Stay on the microphone there, sir, please. MR. McCLUTCHY: I'm sorry. I represent the JHM Group of Companies. I'm the Founder and CEO of the company. Ely is with the Richman Group. In Richman and McClutchy, JHM, have been developing together since 1976. We've done about 150,000 units of housing. About 100,000 of those are affordable in one form or another. We -- not only do we develop all of our own properties, we also construct and manage all of our own properties. We have done quite a bit and are doing work here in Collier County, and I'll have Ely explain that in a few minutes. We've looked at this for quite a while. I've been interested in July 9, 2019 Page 83 housing in Collier County for the 30 years that I've been coming here and vacationing in the winter. And as of 2006 I became a homeowner here. I have a home at the Estuary at Grey Oaks, and I live there during the winter and spend my time in Connecticut in the summers, although I'm wondering how much more time I'm going to spend in Connecticut. The weather is not that great lately. In any event, we've done -- we have here in the state of Connecticut (sic) over 12,000 units that we own and operate presently. Some of those right here in Collier County. We additionally have raised over 11 billion in capital for low-income housing tax credit and affordable housing properties. The Richman Group, on its own, is the seventh largest housing owner in the United States, and it's the fifth largest syndicator of low -income tax credits in the United States. Together we have done over $20 billion worth of apartment-related developments throughout the United States. We've actually worked in every state in the country. We presently manage and operate over 15,000 units at 100 properties with 400 employees. We are very resident oriented in terms of our management processes. The team that we have here is the same team that we take with us everywhere. We do all of our own construction, as I said earlier. We do all of our own property management, all of our own asset management. We're not new to the affordable housing business. This has not only been Dick Richman's and my vocation; it's been our avocation. We got into the business together because we believe truly that people need to have affordable housing. It really doesn't exist in this country without some kind of government assistance. And we have worked hard to bring together these programs and make them work in every one of the developments we do. We are long-term holders of properties. Richman and I have July 9, 2019 Page 84 properties that we've developed together 40 years ago that we still own and operate. We continue to do so. If they're affordable from our perspective, they always remain affordable. We're not in the business of coming in and developing something to be affordable, watching the market grow, and converting that to market rate to see how much money we can make. We do fine the way we are, and our goal is to provide affordable housing for people that need it in whatever communities that we work in. And I'll let Ely explain a little bit about the project that we're talking about here. MR. BANKS: So it's a proposed 72-unit apartment complex. And we're flexible with it. We haven't had as much feedback as we'd like, and we really wanted to tell more about ourselves and hopefully, once selected, try to work with you to determine, you know, what it is you want. Whether it's family, whether it's senior, whether it's maxing out the site itself at 78 units, letting the site breath more at 72 units. Our product does look like market rate. It is affordable, but it does look like market rate. Here are some of the interior finishes. Stainless appliances. The mix is conceptual. Like I said, this -- we put this here just because it's something that we've done before and something we can do, but we can be flexible on the mix. It's just depending on what you're looking for. Here is some of our amenities. And we have developed three apartment complexes in Collier County. Summer Lakes One and Two and College Park. I think all in all around 700 units, and we're working on one now on Magnolia Pond. COMMISSIONER FIALA: On where? Magdaleno Pond? COMMISSIONER TAYLOR: Magnolia Pond. July 9, 2019 Page 85 MR. BANKS: Yes. We, too, can be flexible with the unit mix as well as the rents themselves. A market study would be called for. And if you wanted to see, you know, more of a mixed income, you know, we could provide that. So this shows going either sale/bond with 4 percent credits or 9 percent credits. MR. McCLUTCHY: You can see the benefits, the difference in the benefits using either scenario. In a 4 percent credit, there's not enough money to pay for acquisition of the property; just not enough available. And I don't think there's enough soft financing available from the state or anywhere else to be able to do that. In a 9 percent credit, we estimate that we could pay $864,000 for the land, and that's based on the 9 percent. We think we have a very competitive application based on the way we have structured the application. We'll talk about that as we get further into this, but that is a pretty solid number. We also would be paying, under the 9 percent deal, full impact fees, which are $16,000 a unit, and real estate taxes would be estimated at $700 a unit. I'll let you finish with your -- MR. BANKS: Sure. And these are just two models. One of them is the 9 percent; one of them is 4 percent. We can be flexible with these. If we were to chase the local government area of opportunity preference, then that would be more common -- well, that would be the 9 percent model. If we just did stale workforce with bonds that would be the 4 percent model. MR. McCLUTCHY: I think one of the things you need to be clear on is the fact that no matter what the acquisition of the land may be, in order for the application to be competitive, the county's going July 9, 2019 Page 86 to have to make some kind of a contribution. So some part of that land cost is going to go back into the deal. MR. BANKS: And this is the entitlement process. Obviously, time is everything. So, we'll move as fast as humanly possible. A lot of it's out of our hands, especially during the entitlement process itself. But this is an example of what it could look like. MR. McCLUTCHY: So Richman and McClutchy have been working together, as I said, since 1976. We're presently working on contracts that we have to develop over 5,000 units of affordable mixed-income housing with different government agencies throughout the Northeast. We have been in the process of redeveloping all of the public housing for Bridgeport, Connecticut. We're going to convert 1,500 units of public housing, very-low-income housing, to about 5,000 units of mixed-income housing so that the balance within each development better reflects the demographics of the entire community rather than putting all of the more poorest of the poor in any one community. We've found that that works. As I said, we've had offices here in Florida since 1976. We continue to work here. I'm more and more interested in working here because I spend a lot of time here in the winter, and it works better for me, to tell you the truth. I don't have to fly back north when it's cold. I'd rather not do that. Ely mentioned that our product not only looks like market rate, what we find most often is that when we open an apartment complex, people come and they want to fill out an application because they believe it is market rate, and when they find out that they don't qualify, they're very upset. They don't understand how we can build these units that they would want to live in and they don't qualify for the income limits that are affected by it. In any event, I think you need to look very strongly at your July 9, 2019 Page 87 partner in this deal, because this is a process, and it's a process of a joint venture where the public entity needs to work together with a private entity to create a true public/private partnership. We're well experienced in doing that. We've been doing it, as I said, since '76. We continue to do it and become more and more involved in public/private partnerships, because as the rules change in these programs the federal government puts out, we find that the better opportunities are working together with public entities, whether it happens to be a housing authority, a county commission, or a municipal agency, or a state agency, for that matter. So, we have the experience to do it. This is not new to us. We're comfortable that we can sit down and negotiate a deal that would make sense for both the county, us, and all the people that live here. Thank you for your time. CHAIRMAN McDANIEL: Questions? (No response.) CHAIRMAN McDANIEL: Thank you very much. MR. McCLUTCHY: Thank you. MS. SONNTAG: And our No. 3 ranked firm was Habitat for Humanity, and we have Mara Foley from Habitat to present to you. COMMISSIONER SAUNDERS: Could I ask you a question. What were the total number of points that were possible if someone got the 100 percent of the points? MS. SONNTAG: There was 100 points available. COMMISSIONER SAUNDERS: Okay. MS. FOLEY: Good morning, Commissioners, almost afternoon. My name is Mara Foley, and I'm the Director of Land Development for Habitat for Humanity of Collier County. Habitat has over 40 years building and selling affordable homes in this county. We've served a total of 2,200 families, and we've built July 9, 2019 Page 88 10 communities and have six communities currently under development. Our communities range from size from 40 homes to up to just over 180 homes. Habitat is a construction company, we're a social services organization, and we're the bank financing zero-interest loans. We have 65 staff members and over 3,000 volunteers who help make our work possible. Our proposed site plan for the five-acre site includes the approximately 1.3-acre pump station to the south and the remaining acreage for residential development. Here we propose building 30 two-story townhomes which would be owner occupied by income-qualified families. So this is what sets us apart from the previous presentations. These will all be owner-occupied units. The site plan assumes several Land Development Code variances to make this project feasible within the existing footprint, and I'll discuss those in a moment. Entry to the community would be through the Calusa Park Elementary access road, and with it we would have a potential interconnect through the pump station access road and out to Santa Barbara Boulevard. Families may enjoy a picnic in the half-acre park as children play, and the site is extremely convenient to shopping plazas, work, and schools nearby. Our interior finishes, we recommend modest finishes, but are all equipped with window treatments, a washer, a dryer, a refrigerator, a range all located in a modern kitchen with a center island. Each unit would have two-and-a-half baths. The master bath would offer dual sinks, and both full baths would offer a shower/tub combination. Laminate flooring would be provided throughout the home. Of the 30 townhomes that we propose on the site, we anticipate July 9, 2019 Page 89 having 24 townhomes being three-bedroom, two-and-a-half bath, and the remaining six townhomes being four-bedroom, two-and-a-half bath. As you can see in this conceptual floor plan, the first floor would include the living space with a kitchen, dining room, living room, laundry room, and powder room, and then the second floor would include our bedrooms and two full baths. We envision the priority of our residents within this community to be towards their families. The location alone makes the site conveniently accessible to daily needs, while the proposed half-acre park allows for a retreat close to home to spend time with family. Pathways throughout the community would allow for walkability with a potential future connection to the school sidewalk system. Habitat provides an opportunity for hard-working families who are already living and working within the county to provide -- to purchase a home that they can afford. These families are cost burdened by paying more than 30 percent of their income towards housing and often paying more than 50 percent of their income towards housing. Families are income qualified and make 30 to 80 percent of the area median income. We would be interested in a potential partnership opportunity with potentially a for-profit builder/developer who then we could provide for families making up to 80 to 120 percent of the area median income. In order to make this project viable, we ask for several things: That the land be donated and impact fees be deferred; we ask for a 90-day due diligence period to confirm the feasibility of this project; we ask to be co-applicants with Collier County for all permits and to have a development liaison with review timeline commitments; and we ask to work with county staff to coordinate wastewater services July 9, 2019 Page 90 between the proposed residential development and the future pump station. We also ask for several variances from the Land Development Code to make this project feasible due to the size -- to the site size restrictions and the development costs. We ask for relief from requiring the 60 percent open space. We ask to allow for a perimeter landscape buffer to be 10 feet Type A versus 15-foot Type B. We ask for a relief from requiring on-site native vegetation preservation, and if off-site mitigation were required, we ask that the county absorb those costs. We ask for relief for requiring one canopy tree per 2,000 square feet. We ask to allow for a hammerhead Y configuration or the connection to the pump station access road in lieu of a cul-de-sac. And we ask to allow for on-site sidewalks constructed only on the side of the street that has units. Habitat of Collier County is self-financed and has offered the following pro formas for both the single unit and the development costs. These budgets assume a donation of land, zero mitigation costs, and impact fee deferrals. Each home is estimated to sell for $165,000 to an income-qualified family. Total development costs are estimated to be just under $5 million. Our construction timeline is very simple: We ask for a 90-day due diligence period. Following that, we would be submitting permit applications to South Florida Water Management District, the U.S. Army Corps of Engineers, and Collier County. Assuming that with the state and federal agencies their permitting timelines can take up to three years, we anticipate beginning infrastructure September 2023 and getting our first certificate of occupancies issued the following year and moving families in September 2024. Commissioners, thank you for your time. Do you have any July 9, 2019 Page 91 questions that I can answer? CHAIRMAN McDANIEL: If you would -- go ahead, please, Commissioner Taylor. You go first. COMMISSIONER TAYLOR: Have you secured this partnership with a developer, or are you anticipating that it might happen? MS. FOLEY: We're anticipating, yes. We have -- COMMISSIONER TAYLOR: Okay. MS. FOLEY: -- been in talks. This is something that we at Habitat for Humanity have been interested in for some time, but we have not secured anything specific to this site yet. COMMISSIONER TAYLOR: Have you done this kind of partnership in any other properties throughout the county? MS. FOLEY: Not yet. COMMISSIONER TAYLOR: Okay. MS. FOLEY: We're excited for that opportunity, but we have not; not yet. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: And as far as term goes, how do you manage the affordable aspect of your housing? MS. FOLEY: How we manage the affordability? CHAIRMAN McDANIEL: Term for affordability, yes. MS. FOLEY: So our homes are all purchased, and so at the time of purchase, we have -- our family services department will look at families' financial backgrounds just as any other bank would who would be issuing a mortgage. And at that point in time, we are able to identify what families can -- what these families can afford. And so we will be sure that this is an affordable product for them. We do have additional layers that we're able to kind of put in to make our homes more affordable for families. Whether that's July 9, 2019 Page 92 changing the term of the mortgage and stretching that out or whether that's adding an affordability layer to essentially subsidize that monthly pay ment. CHAIRMAN McDANIEL: From a hold standpoint, how do you manage the backside with regard to the disposition of the asset? You're receiving land for free, the deferral of the impact fees and such. How do you manage the term of hold? MS. FOLEY: We do have deed restrictions on some properties, and this could be one that we continue to deed restrict this property so that in the future we -- families within the certain area median income would only be eligible to move into this property. CHAIRMAN McDANIEL: So basically then forever? The deed restrictions would travel along with the property? MS. FORKY: Correct, correct. CHAIRMAN McDANIEL: Okay. Commissioner Solis? COMMISSIONER SOLIS: I just want to make sure. So while it would be a multifamily development and townhouses, I just want to make sure I understand that this is going to be a community that you're going to be selling the units or -- MS. FOLEY: That's correct. COMMISSIONER SOLIS: Okay. Because your presentation says opportunities for families. And I want to make sure that -- so you're going to use, essentially, your same business model that you have for your other developments for this one? MS. FOLEY: Yes, that is correct. And we just received our first COs, certificate of occupancies, on a community called Dockside just off of 951 south of the 41 intersection there, just south of Walmart. In that community -- that's our first multifamily community. We have six-unit buildings, and we'll be also building four-unit buildings within that community. These are all single-story units where we're proposing two-story July 9, 2019 Page 93 in our proposal here today. But this is a great example of what we imagine for the Bembridge community. And those are all homes that are for sale. CHAIRMAN McDANIEL: Any other questions? (No response.) CHAIRMAN McDANIEL: No. Thank you. MS. FOLEY: Thank you, Commissioners. COMMISSIONER SOLIS: Speakers? CHAIRMAN McDANIEL: And I don't know, do we have speakers? MR. MILLER: We do not have any registered speakers for t his item. CHAIRMAN McDANIEL: How about that. I have one question of -- Commissioner Saunders, go ahead. COMMISSIONER SAUNDERS: No, go ahead. I was waiting for you to go ahead and start. Then I pushed my button so I'd be after you. CHAIRMAN McDANIEL: Just so you -- oh, so you want to be after, okay. COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: I was wanting to see -- I was looking through the information and, you know, all three of the presenters seemed to be quite worthy. I was just wondering about the actual ranking process and how we came up with McDowell as the -- recommended by staff. MS. SONNTAG: That's a really good question. Thank you. The slide that I have up, and -- CHAIRMAN McDANIEL: She was ready for me, wasn't she? MS. SONNTAG: All right. We did a comparison for you on the slide. And the Review and Ranking Committee looked at project, scope, community impact, zoning, timeline, and the overall income July 9, 2019 Page 94 targeting. In fact, McDowell Housing Partners ranked first because of their timeline, the cost to the county was zero, their experience with financing and development, in addition to the option for an all senior versus an all family or a mixed development. MR. COYMAN: Commissioners, for the record, Ted Coyman, Director of Procurement. There was a question about the scoring. CHAIRMAN McDANIEL: Yes. MR. COYMAN: So this process involves two steps. So first the submittals from the interested parties come in, and they are evaluated by a selection committee. It is a 100 -point scoring system. So, there are five points for business summary, five points if you're a certified minority firm, 20 points for a business plan, 20 points for the cost of services to the county, 20 points for experience and capacity, 20 points for specialized expertise, and 10 points for local vendor preference. The firms are then short listed. The three short-listed firms were invited for -- excuse me. After -- the firms are invited for presentation, and then a final short listing and rank order is established, and that's what's in front of you today. Of the three firms that are in front of you, only one of the firms, and that is Habitat, qualified for the local vendor preference points. COMMISSIONER FIALA: The local what, please? CHAIRMAN McDANIEL: Local vendor preference point. And do you have the point totals there? MR. COYMAN: I do not, no. I can make those available if you'd like. CHAIRMAN McDANIEL: We're assuming that you're okay with it. I just wanted -- it would have been interesting to see how the scoring was. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. July 9, 2019 Page 95 I want to thank the selection committee for their rankings. And I tend to always try to support the rankings that are submitted, but I have to tell you I was more impressed with the JHM/RHD proposal, and I would just raise that as a potential. I understand that they're a little bit longer in terms of delivery, but I thought that was that a -- I just felt that it was a better proposal. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Can I ask why? COMMISSIONER SAUNDERS: Well, there are a couple things. One is the commitment they already have to Collier County. They've apparently developed several projects here. Not this type of a project, but other housing projects here. They -- I think we're going to have several other projects coming along that are going to be substantially larger than this, and I felt that with their experience and the amount of capacity they have, that this would be a better partner for Collier County. COMMISSIONER FIALA: Tell me who you thought again; I'm sorry. COMMISSIONER SAUNDERS: The second rank for JHM/RHD, LLC. CHAIRMAN McDANIEL: Commissioner Solis, you asked why. Thank you for asking why. I was going to, but I figured you had your light up for something else. COMMISSIONER SOLIS: Yeah. I think it is a tough decision because both companies are very qualified. I mean, I was going to make a motion to approve McDowell. COMMISSIONER TAYLOR: And I'll second that if you make that motion. COMMISSIONER SOLIS: Okay. I would make that a motion. A tough decision. The other company is already here. I think that the flexibility in what McDowell is proposing, depending on how July 9, 2019 Page 96 it comes out, will be a better financial, I think, deal for the county. Their flexibility on the kinds of units that we would have. And I'm just curious. Just to make sure that we're all on the same page, that really we're just approving the developer. We're not today deciding whether it's going to be all senior housing or all -- MS. SONNTAG: No, Commissioner. COMMISSIONER SOLIS: Okay. That will be -- MS. SONNTAG: That will be part of the negotiations, and if you would like to direct staff one way or the other, we'd be more than happy to move forward. I do want to make a correction to the slide. The cost to the county for McDowell originally in their proposal was 100,000, and Chris explained today that there would be no cost to the county. COMMISSIONER SOLIS: Right. MS. SONNTAG: So -- but yes, you are correct, if you -- you know, part of our negotiations will be the mix, the income mix, you know, and then we'll bring an agreement back to you. COMMISSIONER SOLIS: And maybe we can do this in two pieces, because I think that's an important piece to me as well. So I think it's a little -- there's some more flexibility. I think financially it would be better for the county and also the timeline, I think, was a little more attractive to me. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Just a couple questions. I don't remember us even approving any senior housing that is affordable. I know we hear it talked about all the time, but I don't know -- do we have any figures that show what is needed for workforce versus senior housing? MS. SONNTAG: Currently, Commissioner, there are two affordable housing developments for seniors. One is Vermilya Place in Immokalee, and the other is Goodlette Arms here in town, and that July 9, 2019 Page 97 particular facility has, I believe, a four-year waiting list for occupancy, so... COMMISSIONER FIALA: That kind of gives you an idea of what we need. MS. SONNTAG: Yes, it does; yes, ma'am. COMMISSIONER FIALA: That's what I'm looking for is what do we need. The second thing is, I know that all around us now we've got a lot of -- a lot of rentals being built, but I don't know of many single-family homes. Do you know what there's more -- what the call for is? Do we need still more rentals? Do we need more single-family or what? MS. SONNTAG: Commissioner, we recently -- let me try to get to this slide. Whoops. Right here. Our second-quarter rental analysis that's completed by my department -- sorry -- my division, 50 percent and below, there are three vacancies, and then at 80 percent and below, there are 25 vacancies. So the majority of the vacancies cluster between 81 percent and 120 as far as rental goes. And we recently requested information from Growth Management on housing development. And here is the chart on the number of permits for homes. And what we're seeing is about -- and GMD can correct me if I'm wrong -- about 300 a month. COMMISSIONER FIALA: Three hundred a month. MS. SONNTAG: Three hundred a month single-family permits. COMMISSIONER FIALA: Oh, that are being built? MS. SONNTAG: Uh-huh. And those are all price ranges. COMMISSIONER FIALA: Oh, okay. Everybody? MS. SONNTAG: Yeah. COMMISSIONER FIALA: All right. All right. Fine. Yeah. I was wondering. I've been just going out to see, like, the July 9, 2019 Page 98 newest one that they're just opening around the corner here but, of course, it isn't low income or anything, and this is completely a different market. MS. SONNTAG: Yes, ma'am. COMMISSIONER FIALA: I've been looking at that. I think that the rentals that they're building right now seem t o be a little bit higher priced and -- but then you've got David Torres' place, and he's 40 percent available and -- but -- and he doesn't have too, too high of a price, but they're more teacher prices and nursing prices than others. But I was just wondering what we need more so we can know what to target. But I'm with you as far as the McDowell goes. It looks like it's the best offer, but I just wanted to make sure we're not passing by single-family homes if that's what we needed more, and same with senior housing, you know. Okay. CHAIRMAN McDANIEL: Well, I think we're going to have that mix when they actually come back to us. COMMISSIONER FIALA: Yeah, I understand that. But I'm just asking that question now because that would make a difference as to whether we vote for a single-family house or rental family apartments. So that's why I'm asking. Thank you. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I like the idea with the McDowell that there seems to be flexibility. I like tha t a lot in the initial proposal, because the analysis is what we have to build for. I mean, this is a very precious time for us, and it will be our first foray into this kind of affordable housing. And I do know that seniors are desperate for housing because, you know, if a spouse dies, it's not a pretty picture out there. So I look forward to working with you. And I'm assuming that when you come back the analysis will be July 9, 2019 Page 99 incorporated into the proposal that we're going to hear in the fall; is that right? MS. SONNTAG: Yes. COMMISSIONER TAYLOR: I also like the time frame for McDowell a lot. I hope you can deliver it. COMMISSIONER FIALA: May I ask -- may I add to what -- COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: You had just talked about senior housing, a lot of these seniors are pretty old, and their Social Security that they get isn't what people get nowadays. You know, they're meager. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: And so they have a tougher time living unless there's housing that's priced for them. CHAIRMAN McDANIEL: Sure. Okay. No further discussion. It's been moved and seconded that we proceed with negotiations with McDowell. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved, 5-0. We will be back at 1:10. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Forgive me. Commissioner Solis July 9, 2019 Page 100 was having a conversation there. He's on his way. He's actually the reason I was late getting here, so... COMMISSIONER FIALA: Is he coming back? CHAIRMAN McDANIEL: He is. I think I hear the door going. Let's move on, County Manager. Item #11A RESOLUTION 2019-139: ESTABLISHING PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN FY 2019/20 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER 2019 FOR THE BUDGET APPROVAL PROCESS – ADOPTED MR. OCHS: Commissioners, that moves us to Item 11A, which is a recommendation to adopt a resolution establishing proposed maximum millage rates to be levied in FY 2019/2020 and reaffirm your public-hearing dates in September. Mr. Isackson will report. MR. ISACKSON: Thank you, County Manager Ochs. Commissioners, good afternoon. Mark Isackson with the Office of Management and Budget. It's just the topic you want to talk about right after lunch: Millage rates. Every year we're before you at this time just after receiving our July certified taxable values. Beginning on Packet Page 64, Commissioners, is the executive summary. And, operatively, the Package Page 68 provides you with the maximum millage rates that staff is proposing coming out of the June budget workshop. More importantly is the General Fund millage rate at 3.5645 is proposed to be the same rate as it is this year and as it's been for the last 11 years. COMMISSIONER FIALA: Eleven years. Wow. July 9, 2019 Page 101 MR. ISACKSON: Commissioners, the resolution, which is attached to the executive summary, is the operative action item. It contains the attachments, including the millage rates, the dollars raised, and as well as the public-hearing dates in September which are the 5th of September and the 19th of September beginning at 5:05 p.m. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the recommendations of staff per the executive summary as set forth. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. ISACKSON: Thank you, Commissioners. COMMISSIONER TAYLOR: And I want to compliment, again, senior staff and Mr. Isackson and Mr. Ochs, County Manager Ochs. Again, such a -- you prepare us for this. It's not an easy -- it's never an easy decision to set the millage rate, but you gave us a lot of discussion, gave us time to bring it back to you, and it's, you know, you -- Mr. Isackson you write like normal people, you know. Like, I can actually read it and understand it, so it's compliments to you. MR. OCHS: Thank you. I think we'll keep him around for one July 9, 2019 Page 102 more year. In fact, we'll keep him around here for the next couple of items. Item #11B RESOLUTION 2019-140: AUTHORIZING A CAPITAL CONTRIBUTION OF $500,000 PER YEAR FOR A PERIOD OF TEN YEARS TO REPLACE AND TRANSFER MAINTENANCE OF SIDEWALKS, AND CERTAIN DRAINAGE OUTFALLS TO THE PELICAN BAY SERVICES DIVISION IN PERPETUITY – ADOPTED MR. OCHS: So that moves us to our next, which is Item 11B. It's a recommendation to authorize a capital contribution of $500,000 per year for a period of up to 10 years to replace and transfer maintenance of sidewalks and certain drainage outfalls to the Pelican Bay Services Division. This will be a joint presentation by Sean Callahan from the County Manager's and Mr. Isackson. Sean? MR. CALLAHAN: Thanks. Good afternoon, Commissioners. For the record, Sean Callahan, Director of Corporate Business Operations. What you have here is the product of a long series of conversations and negotiations with the Pelican Bay community to which they've wanted to make some capital improvements in that community. They came to us willing to incur some debt and borrow up to $20 million to mainly do four things, which is lake bank restoration, the expansion of their existing operations and maintenance facility, the replacement of sidewalks throughout the community, and then the transfer of some proposed drainage outfalls July 9, 2019 Page 103 that run easements within the properties of the community. We discussed this at your June 20th budget workshop, and we went through this same presentation. I'm happy to give it again. I'll just buzz through it real quick, and the n Mr. Isackson's here if you have any specific questions about the debt structuring or financing. MR. OCHS: Would you like Sean to go through the PowerPoint? MR. CALLAHAN: It's up to you. MR. OCHS: Pleasure of the Board. I think you've all seen it. CHAIRMAN McDANIEL: Are you all okay with it? COMMISSIONER SOLIS: I'd make a motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the recommendations of staff. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. CALLAHAN: Thank you, Commissioners. Item #11C RESOLUTION 2019-141: ACCEPTING THE PROPOSAL OF TD BANK, N.A. TO PROVIDE THE COUNTY WITH A TERM LOAN TO PURCHASE CERTAIN REAL PROPERTY KNOWN AS THE July 9, 2019 Page 104 GOLDEN GATE GOLF COURSE; TO ENTER INTO THE LOAN AGREEMENT AND ALL RELATED DOCUMENTS; AND TO ISSUE A TAXABLE SPECIAL OBLIGATION REVENUE NOTE, SERIES 2019 IN THE PRINCIPAL AMOUNT NOT TO EXCEED $29,000,000; AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - STAFF TO KEEP THE GREENS MAINTAINED WITH PUBLIC USE BUT NO OPEN PLAY GOLF – ADOPTED MR. OCHS: Mr. Chairman, Item 11C is a recommendation to approve a resolution accepting the proposal of TD Bank to provide the county with a term loan to purchase the Golden Gate Golf Course property and to enter into the appropriate loan agreements and to issue our special obligation revenue notes in the amount -- principal amount not to exceed $29 million. Mr. Isackson will make a presentation. MR. ISACKSON: Thank you, County Manager Ochs. Commissioners, this is -- will allow you to purchase the Golden Gate Golf Course in a timely fashion, closing toward the end of July. It's a note from TD Bank. We had six competitive proposals. TD Bank is the lowest competitive that we received. There are specifics in the executive summary that indicate the structuring of this particular deal. It's 10 years in duration. Principal payments beginning in October of 2022 with your semiannual interest payments beginning on October 1 of 2019. As a provision for prepayment, the interest rate is locked through closing. The loan documents are attached for your review, and we're recommending that the Board approve the resolution accepting the proposal of TD Bank. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. July 9, 2019 Page 105 COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept -- or approve the recommendation of TD Bank, and as a point of discussion, I just want to ask on the operational aspect of things -- this has nothing to do with the approval or not, but there was some discussion at our last meeting when we voted to buy the course that it was going to be shut down for the summer, and I've subsequently learned that it's not. It's only for a brief period of time while they're doing some maintenance and things. Have we got any -- have we got any proposals from anybody to operate the facility -- MR. CASALANGUIDA: No, sir. The direction from the Board was just to cut the grass upon taking title of the property. We've contacted two landscape firms under contract to get quotes, and we'll begin just maintaining the grass through the summer and the fall until we start the zoning and planning processing. CHAIRMAN McDANIEL: If I might make a suggestion. There's more to it than cutting the grass at a golf course. As far as maintenance goes, we may seek some advice from golf course operators on minimum, minimum things that we should be doing in order to keep it up in some form or fashion just past mowing the grass. MR. CASALANGUIDA: Commissioners, that's not the direction we received, but if you want to give us further direction. It was to, you know, maintain it at a minimum level, allow the public to use it but not to operate it as a golf course or maintain the grass at a golf course level. So, if the direction is different, we need to go out and get different quotes. COMMISSIONER FIALA: Yes. I said at the last meeting that -- I had my button on. CHAIRMAN McDANIEL: I know. I wasn't done, but go July 9, 2019 Page 106 ahead. COMMISSIONER FIALA: That's all right. We've had three offers from three different golf course management companies who would manage it for us and who would operate it for us. It wouldn't cost us any money, and they'd take care of it, and it would remain a golf course rat her than just let it be grass in somebody's front yard. And have we approached any of them and said, yes, we'd like to talk to you or how much it would cost or anything at all? MR. OCHS: Commissioner, we have reached out to The First Tee, and I think we're trying to learn more about their intent in that initial letter that they sent proposing to operate. COMMISSIONER FIALA: You mean the Bobby -- MR. OCHS: No, The First Tee of Naples. But to go back to what Mr. Casalanguida had just said, and our understanding as a staff from the direction at the prior board meeting was that you wanted us to maintain the facility in good condition but not operate it on an interim basis as a golf course. I think what I'm hearing Commissioner McDaniel say is that, you know, it might not be black and white, because if you want to keep an option for operating the current golf course in its current configuration, then you may want to make sure that the greens and -- (Simultaneous crosstalk.) CHAIRMAN McDANIEL: Well, that's the path I was -- and the reason I brought -- the reason I brought this up is I was in Pennsylvania last week, and I got to go play the little municipal golf course that I grew up on at home, and they had lost an electric facility that ran the pumps to water their greens. And one of the comments that the lady that owned the golf course said the electrician said, well, it's going to be very expensive to extend that wire out to fix that pump. July 9, 2019 Page 107 And she said, what's the relationship with having to replace all of the greens on the facility due to the lack of water? The electrical expense was far less than the ongoing maintenance and upkeep of the greens which is -- and then also after we voted I heard during that discussion that the course was typically closed in the summertime anyway. And so I didn't think that was that large of an issue, and so I just -- we may be forced into not keeping it as a golf course or utilized as a golf course if the maintenance associated with the upkeep isn't sufficient to -- the cost associated with bringing it back might be far in excess of anything that we're -- we have contemplated so far. Commissioner Solis. COMMISSIONER SOLIS: Yeah. I mean, I thought we had decided that we would just mow the grass, keep it up to looking nice, and I thought we had decided that that was pretty clear. I will say that I was in Oklahoma City over the 4th of July weekend, and they have actually just gone through the same thing. They closed a municipal golf course and turned it into a series of, like, linear parks and things. And it's -- because I always have had this thought of, well, what would that look like if we were to do something other than a golf course? And I would recommend everybody get on line and see what they did. Because it winds its way through a neighborhood, and they're all public streets. It was a public golf course. And it's really nice. It's a real nice amenity. And I think -- you know, they planted trees and things, but they're just -- you know, they're mowing the grass and not maintaining the golf course. CHAIRMAN McDANIEL: It's just something that I brought up or thought of when I saw this coming up, and I just wanted to bring it up. July 9, 2019 Page 108 Commissioner Fiala. COMMISSIONER FIALA: Yes. Of course, I voted -- or I wanted to vote and my thoughts were to keep it a golf course. I have a personal interest in it, and that's my assistant. He goes and golfs there every Saturday with a group of guys. And he says that, you know, the golf course is in -- it is run all summer, and they like to go golfing. And even in this heat I'm surprised to say. So -- CHAIRMAN McDANIEL: Well, currently we're not -- COMMISSIONER FIALA: I'll wait till Leo finishes. MR. OCHS: I'm listening. COMMISSIONER FIALA: Oh, okay, fine. I just think that there's other people that would really like to keep a golf course. I realize some want to get rid of it, but once you're rid of it, you never get it back. You start building on it, you start making it something else, and it will never be back. What we've heard from all over -- I even got a letter from somebody in Pelican Bay. COMMISSIONER SOLIS: No kidding. COMMISSIONER FIALA: That surprised me; that he said, I hope you're going to keep this as a municipal golf course, because there's too many people that can't play on private golf courses. I thought that was pretty cool. And, anyway, so I just don't -- I just don't think we ought to just mow it. I think we ought to keep it operating, as long as we can get it operated for nothing, you know, and all you have to do is reach out to these people. They're reaching out to us, but we haven't reached back to them. I think we should do that. MR. CASALANGUIDA: Well, ma'am, just for clarification, when I was up at the podium, I think the way the Boar d left it was if an entity wanted to reach out to us, we would accept all considerations. And I think Mr. Carnell has been in contact with a few of these. That was one of the taskers we put out of the manager's July 9, 2019 Page 109 office. So -- but I -- you know, last time I was up there, the direction was to cut the grass and keep it open for the public to use but not to run it, and that's what I'm going off of from the last time I was there, ma'am. MR. OCHS: Also, the deal was if you wanted to keep it open on an interim basis, the current operator wanted $30,000 a month to be reconciled quarterly in case there were -- CHAIRMAN McDANIEL: We had no interest in that. I mean, that proposal was absurd. COMMISSIONER FIALA: Of course not. Nobody does because that's the bitter pill. But if we can find one of these clubs that have taken the time to write to us -- and we have three now; three that have approached us and said they would do it. I don't know if anybody has reached out to them. They've already reached out to us or we wouldn't know it, but has anybody reached out to them and talked to them about this? Like you, for instance. Yeah, you could reach out and ask them. And I think that that's great. CHAIRMAN McDANIEL: Yes, I could. COMMISSIONER FIALA: Huh? CHAIRMAN McDANIEL: Yes, I could. COMMISSIONER FIALA: Yes, you could. CHAIRMAN McDANIEL: Yes, I could. Commissioner Taylor? COMMISSIONER TAYLOR: It was my understanding, too, that at least during the summer months until the fall we're trying to figure out what we are going to do with that property and that in order to maintain, you know, a recreational area, that we would take care of it, which includes making sure the grass doesn't -- you know, the pumps are working. July 9, 2019 Page 110 But that -- First Tee has expressed an interest in that. So you're evaluating all these -- and not closing the door to anyone. MR. OCHS: Yes, ma'am. Although, you know, just as a reminder, the last time we took this approach was on the Randall Curve, and, you know, as soon as we thought we had all of the final offers, we found out we didn't. COMMISSIONER TAYLOR: We had the final of the final. MR. OCHS: And it wasn't until we, yeah, went out and got the final, final. I mean, at some point the Board's going to have to decide whether they want to operate or have a contractor operate that property as a golf course and, if so, you know, we ought to do an RFP and advertise it and let anybody that has an interest respond to it just like we do most of these other contracted operations. COMMISSIONER TAYLOR: But can't we -- can't we -- I won't use that term. Can't we do part of the property as a golf course, perhaps a smaller golf course? CHAIRMAN McDANIEL: Nope. MR. OCHS: Yes, there's all kinds of options, but we have no idea how many there are out there -- COMMISSIONER TAYLOR: Correct. MR. OCHS: -- at this point. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah, just -- your recollection is correct at the last meeting. We decided to maintain it nicely for the community but not operate it as a golf course or maintain it as a golf course. We're going to have to make some decisions as we get into the fall as to what we ultimately want to do with this. I've been approached by several people that are talking about July 9, 2019 Page 111 12-hole golf courses, which apparently is something that's very popular now. Millennials don't like playing 18 holes because it takes so long. And it's a whole lot cheaper to build and to operate. And if we did something like that, ultimately we would have to reconfigure everything anyway. And also we're talking about other types of governmental facilities on part of that acreage. And so I think leaving things the way they are right now, maintaining it nicely, and then we'll explore all these different options. But I think to try to keep this open as a golf course for the next couple months would -- I just don't see the point of that. And you're right, they were going to charge $30,000 a month plus a reconciliation, and so we knew that it was going to be more than $30,000 a month cost. And they knew that as well, I'm sure; that's why they wanted the reconciliation. So I think the direction was clear before -- CHAIRMAN McDANIEL: And I was -- excuse me. I wasn't questioning the direction. It was, in fact clear. It's just there are more issues with maintaining a golf course than mowing the grass. And if you don't maintain it as a golf course, even if you're not using it and operating it as such, the costs and expenses associated with bringing -- should this board choose to open it back up, the cost -- we may be forced into making decisions for a different utilization than what we could if we gave direction for some consultation on things that could be done to maintain it as a golf course, even not to be opened, but just to maintain it. That was -- and that popped up last week, like I said, when they were talking about the Sleepy, what I grew up on, so... COMMISSIONER FIALA: So what are your constituents saying? COMMISSIONER SAUNDERS: Well, it depends on which July 9, 2019 Page 112 constituents you ask. COMMISSIONER FIALA: Pardon me? COMMISSIONER SAUNDERS: I think we each have about -- CHAIRMAN McDANIEL: Sixty thousand. COMMISSIONER SAUNDERS: -- sixty thousand constituents. COMMISSIONER FIALA: Oh, I don't know. I just -- I know I went to the town hall meeting, and they filled the hall, but nobody wanted to see anything less than a 19-hole -- an 18-hole golf course. But on the other hand, too, if you can use it for that, you know, you never get a chance to have that much property again. And one -- with great access to everything. It would just be so perfect to -- and we've got -- you say it's going to cost us $30,000. But if we've got somebody operating it, and it doesn't cost us a penny, there's nothing wrong with that. COMMISSIONER SAUNDERS: I will tell you, I was being a little bit sarcastic when I said it depends on which constituent you ask. The folks that I've spoken to -- there are a lot of folks that want this to be maintained as a golf course. COMMISSIONER FIALA: Yes. COMMISSIONER SAUNDERS: No question about that, especially the folks that live at the parks. COMMISSIONER FIALA: That's why I asked that. COMMISSIONER SAUNDERS: But even those folks -- and I've talked to a lot of them. Even those folks are saying we're delighted that this is going into government -- public ownership. And if it's a golf course, that's a wonderful thing. If it's open space, that's a fine thing as well, as long as it doesn't have 750 or 770 single-family homes and multifamily homes on it -- CHAIRMAN McDANIEL: Condos. COMMISSIONER SAUNDERS: -- which was the plan. So whatever we do with this, if it's linear parks on part of it, my July 9, 2019 Page 113 constituents are going to be perfectly happy with that because they know that the alternative was a developer putting homes on there and condos. There is a constituency that is very much pro golf, and there may be some middle ground where, as I mentioned, the other potential there. But that was my point is this -- I don't think there's a vote on the Board now to maintain that as an 18-hole golf course going forward. And so let's go ahead and shut it down. That's -- at least temporarily until we determine, you know, are we going to do 18 -- 12 holes or something else. CHAIRMAN McDANIEL: Can we add in maybe give direction to staff to seek some consultation as to the upkeep to make sure that we at least have that choice without a burdensome expense to force us in one direction? COMMISSIONER SAUNDERS: I think that's a good idea. Still maintaining it. COMMISSIONER FIALA: Yep. CHAIRMAN McDANIEL: That would be -- not open it up, but just maintain it as such so we're not forced into making decisions that would later impact the utilization of that land because of an exorbitant expense. COMMISSIONER FIALA: So in other words, when you say not opening it up, that means nobody can play on it; is that what you mean? CHAIRMAN McDANIEL: That's correct, yes. COMMISSIONER FIALA: I wonder if Mike and his group will go out there anyway and want to play on it anyway. Can they? CHAIRMAN McDANIEL: Well, that brings up an issue there, because we said something about it being open to the public. What are you going to do about people going out there and playing? We're July 9, 2019 Page 114 not going to allow that. MR. CASALANGUIDA: Yeah. I talked to Steve. And what we do with our open parks is we sign them as open play. You know, feel free to go out and walk the area. If you want to hit a golf ball, as long as you don't hurt anybody in an open field, you can do that now in our parks. So it's open to public to use the trails and fields and kick a ball or walk around and use it as a passive, you know, active type of area. CHAIRMAN McDANIEL: I see that being problematic. MR. OCHS: Yeah. We've got to give that a little more thought. CHAIRMAN McDANIEL: I see that being problematic. There again, I mean, if it is allowed for recreational golf play, I mean, the damage -- the damage that can be done -- if you're not doing ongoing maintenance, reseeding, fertilizing, all of the things that you need to do, the pock marks on a green alone, the replacement of the green if ball marks aren't fixed, it's off the chart. MR. CASALANGUIDA: That's right. We're not planning to staff that facility at all right now. It was to maintain it and allow the public to use it. If the direction is to assign it to no golf of or -- CHAIRMAN McDANIEL: I would recommend no golf. If you walk around -- if you want to walk your dog, as long as you pick up after it, kick a ball, that sort of thing, but I wouldn't recommend it for open play golf. COMMISSIONER SAUNDERS: I agree. If you've got people walking around and other people hitting golf balls, that's just not a good combination. I agree with you. CHAIRMAN McDANIEL: That can be -- that could be dangerous as well. COMMISSIONER TAYLOR: All right. CHAIRMAN McDANIEL: So it's been moved and seconded that we do the interim financing. You brought up the RLSA, and we July 9, 2019 Page 115 went down a rabbit hole. Sorry about that. MR. OCHS: Not interim, Commissioner. CHAIRMAN McDANIEL: TD Bank. MR. OCHS: This is not interim financing. This is the permanent financing. CHAIRMAN McDANIEL: I'm sorry. This is financing to allow us to go ahead and move forward with acquisition per the recommendation. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Same sign, same sound. So moved. COMMISSIONER FIALA: Loud and clear. MR. ISACKSON: Thank you, Commissioners. Item #11E AWARD INVITATION TO BID NO. 19-7560, “EMS 25 (HACIENDA LAKES STATION) CONSTRUCTION,” TO WALTBILLIG & HOOD GENERAL CONTRACTORS, LLC, IN THE AMOUNT OF $2,359,605, AND AUTHORIZING THE NECESSARY BUDGET AMENDMENT – APPROVED MR. OCHS: Commissioners, that takes us to Item 11E on today's agenda. This is a recommendation to award a construction July 9, 2019 Page 116 competitive bid to Waltbillig & Hood General Contractors in the amount of 2 million 330 -- excuse me -- $2,359,605 for the construction of the Hacienda Lakes EMS Station No. 25. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the staff's proposal on 11E. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #11F AN AGREEMENT FOR THE “WESTERN INTERCONNECT FORCE MAIN” PROJECT FOR INVITATION TO BID NO. 19- 7568, WITH METRO EQUIPMENT SERVICES, INC., IN THE AMOUNT OF $3,293,020 – APPROVED MR. OCHS: Item 11F is a recommendation to approve a construction contract competitive bid with Western Interconnect Force Main project with Metro Equipment Services in the amount of $3,293,020. Mr. Chmelik is available to present or -- COMMISSIONER TAYLOR: Move approval. July 9, 2019 Page 117 COMMISSIONER FIALA: Second. MR. OCHS: -- entertain questions. COMMISSIONER FIALA: It's been approved and seconded. CHAIRMAN McDANIEL: It's been -- yes. I'm sorry. I was in the process of moving it. I'd lost my place on the -- COMMISSIONER FIALA: I forgot I'm not running this meeting. CHAIRMAN McDANIEL: Yeah. COMMISSIONER TAYLOR: Not till next year. CHAIRMAN McDANIEL: 11F. It's been moved and seconded that we accept staff's recommendation. Any other -- any additional discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Another fine report, sir. MR. CHMELIK: Thank you, Commissioners. MR. OCHS: Thanks, Commissioners. Item #11G RESOLUTION 2019-142: SUPERSEDING RESOLUTION NO. 2016-140, ESTABLISHING THE COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS, FEE POLICY AND THE AGREED TERMS AND CONDITIONS FOR ADVERTISING July 9, 2019 Page 118 ON TRANSIT ASSETS AND FACILITIES, TO EXPAND THE ADVERTISING POLICY, STANDARDS AND FEES TO INCLUDE FIXED ROUTE EXTERIOR BUS WRAPS AND DIGITAL ADVERTISING - MOTION NOT TO MOVE FORWARD WITH THE BUS WRAP PORTION AND APPROVE THE DIGITAL ADS AND BENCH DONATION PORTION – ADOPTED W/CHANGE MR. OCHS: Item 11G is a recommendation to approve a resolution that would establish a Collier Area Transit advertising policy and set standards fee policy and agreed terms and conditions for advertising on transit assets and facilities. Michelle Arnold, your Director of Public Transit and Neighborhood Enhancement, will present. MS. ARNOLD: Good afternoon. I am here to present to you a revision to the policy for our advertising. Currently the county has an advertising policy that provides for internal advertising in the buses and in the terminals, our smart cards and other limited advertising like the bus cards over in the interior of the buses. And what we're asking to do is to expand that current policy. If you recall at your workshop in February, we talked about alternative revenues to help -- to help expand the services within the county. That is being requested by the public. And one of the suggestions was advertising, and so I'm now bringing the policy to you to ask you to answer several things: One is wrapping the buses, which would be advertising on the exterior of the bus; digital advertising, which would be installing monitors interior of the buses as well as interior of the terminals to provide for digital advertising, which is a lot simpler to do currently than the paper advertising that we have; and then, finally, introducing a program for July 9, 2019 Page 119 bench donations. So if somebody wanted to install benches along -- at one of the stops along our routes, we now have a program that's being established with this resolution to do so. I mean, I can go into a lot more details if you'd like to, but the revenue that would be generated by the wraps would help to alleviate our costs in terms of wrapping the buses currently, because we have a trolley motif, so to speak, on our fixed route buses. And then it would also provide for revenue, because whoever would be purchasing the advertising from us would be charged a monthly cost. We're estimating for the wraps, with our current fleet of 28 fixed-route buses -- we also have the para-transit buses that we could do wraps, but we're not recommending at this time to proceed with that. We're just limiting it to our fixed-route buses. With the current fleet, we estimate we can raise revenue somewhere from 190,000 to 350,000, and that's being conservative. If we're able to expand the services with that revenue, additional buses could be purchased, and then that would obviously expand the potential for revenue. The digital advertising could also produce revenue for us. That's included in that cost but, again, it could be, on its own, producing about 22-, 23,000 to 100,000 for the services. There isn't a cost associated or a revenue associated with the bench program. It would just be a cost savings to the system because we wouldn't, obviously, have to pay the cost for installing the bench. And it would be more of a donation, and those things will be brought to the Board and accepted by the Board if someone were to present that. If you have any other questions -- CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yes. I'm not in favor of this at all. When we first -- when we -- way, way a long time ago the July 9, 2019 Page 120 commissioners -- I don't even know if I was here yet or not -- they eliminated all the billboards because they felt that it was -- it really detracted from the quality of community that we were. By the way, these would look like traveling billboards. They then cut back on the heights of the signs because, again, they wanted it to look like a unique community, a really, you know, above-average community. It doesn't -- and it doesn't -- we don't even have any neon signs because they wanted to eliminate those as well. I think that by adding these signs to these buses -- I don't think we need the money that bad, and we already give state and fed money to help us operate the system. I don't think we should cheapen our community that way and put signs all over the buses. And then you were talking about the wraps. They have a wrap that's a whole bus, a wrap that's a half a bus, a wrap that's a quarter of a bus. That means you could have signs all over this bus. I just don't like it. And then, you know, when you bring your pen along on your bus, oh, now I have something to write on. So while I'm in the bus, I could just write on these signs a little bit, put my message. No -- when they finally find out they can erase it or take it off. But, you know, I think you're inviting a lot of trouble, and I don't like the idea at all. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Depending on what the will of this commission is, when I looked at your CAT bus and how it's wrapped -- maybe you could put that up, Ms. Arnold. MS. ARNOLD: Currently? COMMISSIONER TAYLOR: Yeah. It's in our backup. MR. OCHS: Yeah. She's talking about the beach trolley. MS. ARNOLD: Oh. COMMISSIONER TAYLOR: There it is. And, you know, July 9, 2019 Page 121 that's -- I like it a lot. COMMISSIONER FIALA: Where's the advertising, though? COMMISSIONER TAYLOR: Well, this is to say -- it's called the beach -- the beach -- the Collier transit or the beach bus -- Collier Area Transit beach bus. So if you go to the next one, there's no -- I missed the CAT on it. So to me if we're going to do this, we need to make sure that the cat is on it. Now, if you go down to the fourth one, which is quarter bottom wrap and it's Hodges, the perfect ride, that kind of works, but I do think it's very important that we -- if it's the will of this commission to go ahead with this, that we have that branding on it. MS. ARNOLD: Yeah. And we just put these together to give you an idea of the size. The front and the rear, obviously, would keep the branding because we do -- I mean, that is the risk of adopting a program like that. You have the risk of losing your branding if you have 100 buses that are with a full wrap. But the intent is to maintain that branding with the advertising. So on the half wrap, the -- MR. OCHS: That's one side of the bus and -- MS. ARNOLD: Yeah, it's -- on the half wrap it's one side of the bus, but the staff that put this together didn't cut off the fact that our wrap that's in the front -- that shows Collier Area Transit, and then in the back would remain on there, so -- COMMISSIONER TAYLOR: Front and back of the bus. MS. ARNOLD: Yeah. So you're still going to have that information to the public that it's a public transit bus. COMMISSIONER TAYLOR: Okay. All right. Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: So the -- being conservative, you're estimating, if we did the full wrap, how much total revenue; July 9, 2019 Page 122 190 to 350? MS. ARNOLD: Yeah, what we looked at is not having every bus with a full wrap, and those numbers are considering a portion of our fleet would have the full wrap and a portion would have half or quarter or -- and so the estimate was up to 350,000. COMMISSIONER SAUNDERS: What's the total budget for our transit system; do you know off the top of your head? MS. ARNOLD: Our operating budget for fixed is about nine million. COMMISSIONER SAUNDERS: Okay. So I'm -- I think I'm in agreement with Commissioner Fiala that I kind of like the bus system the way it is. I'm not sure that this is enough revenue to go through the pains of working that out. MS. ARNOLD: Well, I mean -- COMMISSIONER SAUNDERS: I like the idea -- you know, I like the idea of the donations in terms of the bus stops, and I don't see any particular problem with advertising that would result from that type of a program, but I'm not so sure I'd support wrapping the buses. MS. ARNOLD: The reason why this was brought up is to provide revenue to add to the service. COMMISSIONER SAUNDERS: Right. MS. ARNOLD: So 350,000 could probably provide enhancements to our existing service on two or three of our routes. So if you recall at the workshop we talked about the fact that we hadn't been getting any additional funding contributi ng to the service, and this was one way that was proposed to at least get funding for transit specific so that we could enhance the service that we've been requesting -- we've had requests for over the years. CHAIRMAN McDANIEL: Commissioner Solis -- you okay? COMMISSIONER SAUNDERS: Yeah. CHAIRMAN McDANIEL: Commissioner Solis. July 9, 2019 Page 123 COMMISSIONER SOLIS: Can you go back to the other ones where it's a quarter and a -- MR. OCHS: That's a quarter. Then this would be a bottom -- what's called a bottom wrap. COMMISSIONER SOLIS: Those -- you know, and I think I -- it goes to what Commissioner Taylor was saying about not losing the brand. But I have to say the full wrap, at least the one that was on there, was not very appealing. COMMISSIONER TAYLOR: The beach bus looks fabulous. COMMISSIONER SOLIS: The beach bus looks fabulous, and it was fabulous this year, by the way. I'm not sure if anybody noticed, but it went from maybe, what, 1,000 to 6,000-plus this year? Yeah. So -- but that's all right. I don't want to go down a rabbit hole, but -- CHAIRMAN McDANIEL: Been down two already. COMMISSIONER SOLIS: Yeah. I don't know if it makes it any better for anyone, but I would be supportive of that. I don't know if that would generate enough money to make it wort hwhile. No? It's the full wrap? MS. ARNOLD: Yep. COMMISSIONER SOLIS: Is this something that we could experiment with, and if it's -- MS. ARNOLD: Well -- and that's what's being proposed, because we're not -- we're only limiting it to the fixed route service. It's not expanding to -- because other -- COMMISSIONER SOLIS: Para transit. MS. ARNOLD: -- because other communities will do their whole fleet. And, as I said, we want to see how it works, and we'll bring it back to you-all if it's profitable or not profitable. COMMISSIONER McDANIEL: And a lot of it has to do with the management of what advertising's going to go on there. July 9, 2019 Page 124 MS. ARNOLD: Right. COMMISSIONER SOLIS: What's acceptable, what's not. MS. ARNOLD: Right. Right now we currently have advertising that we allow on the interior of the buses and at the terminals. Because it's a limited population that it's exposed to, the -- there's not the demand as this would be, because it's -- the buses are not -- the advertising on the buses are not being attracted to our ridership. It's more all of the traveling public that's going by. CHAIRMAN McDANIEL: Well, it's a traveling billboard. COMMISSIONER SOLIS: Yeah. Well, I -- okay. I'm going back. I'm kind of torn, but I think it's worth a try, and if it's successful and we're good at managing the -- what's on the bus so that it's appealing to the eye -- I know that's an unknown quantity, but I'd be in favor of trying it and seeing if it works. If it -- if it doesn't work and it just kind of changes the ambiance, then maybe we can do something different. But I'll support it. CHAIRMAN McDANIEL: One second, please. We've got lights. COMMISSIONER SAUNDERS: I was just wondering if he's talking about the full wrap. COMMISSIONER SOLIS: The full wrap, yeah. If that's where the money is. I mean, I think if we're trying to generate funds to extend the services or add to some of the routes, then the other one doesn't really make sense. And I'd be curious to know -- it would be curious to see how many full wraps people would pay for, but I think it's worth a try. COMMISSIONER TAYLOR: Do you have any takers? I mean, have people expressed interest? MS. ARNOLD: Oh, yeah. We've had inquiries from, you know, restaurants, national restaurants, and that type of thing. I think we had some examples in the executive summary. July 9, 2019 Page 125 I know that -- I don't see it. I know that our marketing staff had several inquiries in the past year, and we were unable to provide that. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: Yeah. Just a question, please. Throughout this thing you said something about will rent space on its transit assets. What are transit assets? MS. ARNOLD: The buses, the vehicles. COMMISSIONER FIALA: So it's clear to me. Just the buses? MS. ARNOLD: The vehicles. COMMISSIONER FIALA: Why didn't you say buses? CHAIRMAN McDANIEL: Well, it's more than just the buses, though. You said potential park benches. Potentially -- MS. ARNOLD: No, the benches are not -- the benches are merely a donation program where somebody -- if somebody wants to donate or, you know, purchase a bench and construct it for us, we're allowing that as a part of this. It's not advertising on the benches. COMMISSIONER FIALA: So transit -- even though you've added asset, and that's underlined and added to it, you really mean -- every time it says assets, it only means buses? Just so I understand what you really said. MS. ARNOLD: Where we would -- where we would be allowing the advertising is where the rate information is provided on -- starting on Page 12. So currently we have seen internal cards, which is the interior bus cards inside of the buses and -- well, terminal cards, sorry, and interior bus cards. We also allow for advertising on the smart cards . Do you see -- do you see what I'm referring to? And so those are considered assets as well. We currently allow for interior bus announcements. So our buses have audible announcements for ADA purposes, but we also have the ability to, at certain trigger points, at GPS locations, July 9, 2019 Page 126 advertise for an establishment, and we've done that with this -- with your current ordinance. We also have the ability to do terminal announcements, bus schedules, and our bus schedules have -- these are all current -- currently in the policy. What we're adding is the bus wraps -- we're proposing to add is the bus wraps, the bench program, and the digital advertising. COMMISSIONER FIALA: So those are the assets. MS. ARNOLD: Yeah. So all of those are assets, because your smart cards are assets, and all the other things are assets. That's why that word was added. COMMISSIONER FIALA: Thank you. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I think -- I think my question was answered, so I'll pass for the moment. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: So I think it's a visual issue, of course, right? So I look at it and say, how much control do you have over the way you can maintain the integrity of the advertiser but say, you know what, we're just not going to use -- we want to change it so it's a little more pleasing to the eye? Because what you have done with that beach bus is wonderful. MR. KLATZKOW: You've got a content issue here. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: I mean, once you start advertising, you can't say, well, Morgan and Morgan, we don't like your design here, so we're not going to use you, but we like the Botanical design, so we're going to use you. We've got a content issue here. So the aesthetics go away. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: Yeah. Wait till you see my face July 9, 2019 Page 127 plastered on the side of my reelection bus. MS. ARNOLD: That's not allowed. COMMISSIONER TAYLOR: It's not allowed. That's right. No political -- MS. ARNOLD: There's certain prohibitions that are in the policy, so specifically Bill McDaniel's. COMMISSIONER FIALA: No booze on the side either. No cigarettes. COMMISSIONER TAYLOR: So we couldn't go to them and say, we like what you have to say but please change the color? MR. KLATZKOW: I am telling you -- CHAIRMAN McDANIEL: No. MR. KLATZKOW: -- once you do this, you're doing this. It's -- COMMISSIONER TAYLOR: Okay. MS. ARNOLD: In terms of the color -- I mean, because we've done that before with some of the internal ads. So they're flexible in terms of color and that type of thing. But content is the issue that I think the County Attorney is bringing up. So there are certain things that, as I pointed out, are prohibited. But we -- with working with some of the advertisers, we have asked them to make tweaks to their things, and they've obliged. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: This is a question for the County Attorney. I understand we would be very restricted in what we could do in content -- in terms of content. So let's say that we initiate this program today and you get two requests for two buses to wrap, one from Morgan and Morgan to wrap a whole bus and one from a medical marijuana pharmacy. I'm assuming -- this is -- the question is, do we have to take these in order, or how do you -- July 9, 2019 Page 128 MR. KLATZKOW: You need to be fair about it. You just can't pick and choose what you like. Whatever system you come in -- first in -- COMMISSIONER SAUNDERS: That's fine. MR. KLATZKOW: That's fine, yeah. MS. ARNOLD: Based on availability. MR. KLATZKOW: Yeah. COMMISSIONER SAUNDERS: First in would be the first on the bus? MR. KLATZKOW: First in, first on, yeah. COMMISSIONER TAYLOR: You used those words, didn't you? CHAIRMAN McDANIEL: Yes, he did. COMMISSIONER TAYLOR: Medical marijuana. He used those words. COMMISSIONER SAUNDERS: Well, there's going to be a pharmacy on Marco Island, so they should be advertising it. COMMISSIONER TAYLOR: That's right. That's right. Thanks to John Boehner. CHAIRMAN McDANIEL: I have concerns with this on multiple levels. First off, if there was a little bit more specificity as to what good we could do with the money, I might be able to get sold. I'm inclined, like Commissioner Solis, to give it a try. But I'm not liking Pandora's box. I think that's getting -- that potentially could be opened up. I am concerned on the other side of competing with the private sector. I actually know of one lady at a bank that I do business with. She and her husband actually have a bus or a vehicle that they sell advertising on, and it's part of what they, in fact, do for their business is advertise on the side of their -- on the side of their vans. So competing in the private sector gives me some issue as well. July 9, 2019 Page 129 So I have concerns with regard to the branding. I wouldn't be -- I don't think I would object as much if maybe it was just on one -- maybe on the back of the bus and one particular area on the bus that would allow us to maintain our branding and that sort of thing and develop some additional revenue. But I also am concerned about the content issue, because once we start, we get to go. COMMISSIONER SOLIS: It's not like we have a ton of buses anyway. CHAIRMAN McDANIEL: We've got 29, I think she -- I think Michelle shared we've got 29 buses. MS. ARNOLD: Twenty-eight. CHAIRMAN McDANIEL: Plus a para transit and shuttles and so on. COMMISSIONER SOLIS: We're not doing the para transit, though, right? MS. ARNOLD: No. It would be limited to -- CHAIRMAN McDANIEL: It's just the big buses. COMMISSIONER FIALA: I would make a motion to bring it back at another time and another year. CHAIRMAN McDANIEL: Do the government thing; continue it. COMMISSIONER FIALA: It dies. CHAIRMAN McDANIEL: I'm not having a motion one way or the other, so -- but Commissioner Saunders, are you going to help us? COMMISSIONER SAUNDERS: I was going to suggest that we have a motion to -- I don't think it was intended to continue this -- to, you said, another time and another year, and we're going to be in another year here pretty soon, so -- COMMISSIONER FIALA: I meant next year. CHAIRMAN McDANIEL: Having this now, would this allow you to -- is this part of your upcoming budget cycle? July 9, 2019 Page 130 MR. OCHS: No. The budget's fully funded with or without this for next year. COMMISSIONER SAUNDERS: And we're talking about 2 percent -- if you did the full buses -- CHAIRMAN McDANIEL: And the maximum revenues. COMMISSIONER SAUNDERS: Two or 3 percent. MS. ARNOLD: This is not intended to replace my budget. Understand. COMMISSIONER SAUNDERS: No, I understand. MS. ARNOLD: It's enhancing the -- COMMISSIONER SAUNDERS: Just to put it in some perspective, we're a mid range of what you said. If we did all the buses full wrap -- or the buses you're suggesting at full wrap, you're at 3 percent of your operating budget. So it's not like a huge number that we're dealing with. And so I would support a motion to just not move forward with this. CHAIRMAN McDANIEL: Second. COMMISSIONER FIALA: Second. CHAIRMAN McDANIEL: Third. COMMISSIONER FIALA: No, that's okay. You could do the second. CHAIRMAN McDANIEL: It's okay. I'll let you do it. COMMISSIONER FIALA: I like being third. COMMISSIONER SOLIS: Can I ask one -- if there's discussion, just one quick question. So it was 2 percent of the whole transit budget, or what is it as a percentage of the big bus operating? COMMISSIONER SAUNDERS: She had indicated that their operating budget was $9 million. COMMISSIONER SOLIS: Total for everything? COMMISSIONER SAUNDERS: The operating portion, not capital, but -- July 9, 2019 Page 131 MS. ARNOLD: Well, that includes everything. COMMISSIONER SAUNDERS: Bus purchases and everything? MS. ARNOLD: Yeah, that includes the bus purchases and everything. Our operating budget for the fixed route, just looking -- thinking of the contract. It's probably like 3.54 million. COMMISSIONER SAUNDERS: But if you're looking at the overall budget of the nine million, it's 2, 3 percent of that. COMMISSIONER TAYLOR: I think it's risky business. It's a great idea, and your initiative is greatly appreciated, you know. I know what you're trying to do, and I think it's an admirable business move, but I think it's risky business, and I would agree with your motion. CHAIRMAN McDANIEL: It's been moved and seconded that we continue this item to another date and time. Is that okay repeating of the motion? MR. OCHS: I thought it was to deny the staff recommendation. CHAIRMAN McDANIEL: Deny the -- okay. Fair enough. COMMISSIONER SAUNDERS: We can -- somebody on the Board can always bring this back. MR. OCHS: Sure. CHAIRMAN McDANIEL: The motion's been made and seconded to deny the recommendation. Any other discussion? COMMISSIONER SAUNDERS: Could I ask a question on the motion just to make sure -- because there were some other aspects of this, the donation program and that sort of thing. MS. ARNOLD: Yeah. The digital advertising and donation were also two other aspects of it. So I didn't know whether or not you were denying the whole thing or -- COMMISSIONER TAYLOR: No, just the -- COMMISSIONER SAUNDERS: And the digital is primarily July 9, 2019 Page 132 on the inside of the bus? MS. ARNOLD: Interior of the bus and interior of the terminals. COMMISSIONER SAUNDERS: I don't have any issues at all with either one of those, so I would exclude those from the motion. CHAIRMAN McDANIEL: I would be okay with that as well. I was under the impression that those were already part of the existing resolution that we have. MS. ARNOLD: No. We were proposing the bus wrap, digital advertising, and the bench program. MR. KLATZKOW: So you're approving the bench program, you're approving the digital advertising, and you're saying no to the bus wrap. MS. ARNOLD: Bus wrap. COMMISSIONER SAUNDERS: Yes. CHAIRMAN McDANIEL: I'll be okay with that. It's been moved and seconded that we do that: Okay with the bench program; okay with the digital advertising; not okay with the bus wrap. MS. ARNOLD: Okay. CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. ARNOLD: Thank you. COMMISSIONER SOLIS: And I'll apologize if -- CHAIRMAN McDANIEL: You don't have to apologize. July 9, 2019 Page 133 COMMISSIONER SOLIS: No. If this was an idea that we asked them to bring to us and develop, and now we're pulling back from it. So thank you for the work anyway. CHAIRMAN McDANIEL: Well, you know, sometimes when we're thinking about things, sometimes there's -- you don't really get to think about until you actually see it in motion. Item #12A AFFIRM STAFF’S OFFICIAL INTERPRETATION AND REJECT THE APPEAL THEREFROM CONCERNING OLD GROVES ROAD IN THE VINEYARDS PLANNED UNIT DEVELOPMENT WHICH WILL ALLOW THE ENTITIES TO GO DIRECTLY TO COURT TO ADDRESS THEIR DISPUTE - MOTION TO DENY THE RECOMMENDATIONS AND ADVERTISE FOR A FUTURE PUBLIC HEARING – APPROVED MR. OCHS: Commissioners, we move to Item 12A under the County Attorney's report. This was previously Item 16K5. It's a recommendation to affirm staff's official interpretation and reject the appeal therefrom concerning Old Groves Road in the Vineyards Planned Unit Development which will allow the entities to go directly to court to address their dispute. This item was brought to the regular agenda at the request of Commissioner Solis. MR. KLATZKOW: I'm just here to take questions, sir. COMMISSIONER SOLIS: Let me just say, since this was my idea to bring this forward is -- and I'm assuming everybody's read the executive summary. I mean, I understand -- it does appear to be a matter of law, and so I agree with the County Attorney that ultimately the Court's going to have to decide this. July 9, 2019 Page 134 What I think we shouldn't do is short circuit what we're obligated to do, because the Land Development Code at 1.06.01 says -- it sets out the process for asking for an official interpretation, and then it sets out the process for an appeal. And it says that if somebody wants to appeal an official -- a formal interpretation, then they're entitled to a publicly noticed hearing and the presentation of witnesses. So I don't feel comfortable, even though it may in the end not make any difference from the outcome of it, I don't feel comfortable short circuiting that by just kind of summarily denying the appeal when the Land Development Code says that there's the right to a public hearing. And so -- and this brings up maybe we need to look at this provision -- the appeal provision in the Land Development Code. Maybe we need to make changes to that so that we don't end up in this situation where we have to go through maybe a formality, maybe not. I'm not saying that that's what we have here. But that, you know, we don't end up with a bunch of situations like this where we just have to go -- kind of go through the motions because, ultimately, at the end of the day, it is a legal issue which a court is going to decide. I just -- if we need to make some changes, we should consider that. But I don't feel comfortable putting this on a consent agenda when there's references to the -- to a public hearing and witnesses and things. And the other thing is, is it concerns me -- and I can see the concern from the party that's appealing, that there's a process -- they have to exhaust their administrative remedies. You know, I wouldn't want us kind of abbreviating the process to have an impact one way or the other on any of the parties. So I think at this point -- I think we're just stuck -- it's kind of a July 9, 2019 Page 135 due process issue in my mind, and I think we just have to do it. CHAIRMAN McDANIEL: Was there a question in that for the County Attorney? He said he was just here for -- COMMISSIONER SOLIS: No. CHAIRMAN McDANIEL: That was a rather long proclamation, but -- MR. KLATZKOW: You have public speakers. CHAIRMAN McDANIEL: And commissioners as well, so... COMMISSIONER SOLIS: I was just giving the reasons for why I wanted to pull this. COMMISSIONER FIALA: My simple question is, could you have just pulled it and put it on the regular agenda? Would that have satisfied you? COMMISSIONER SOLIS: I don't think so, because it wasn't advertised. I think that's the issue is that it specifically references an advertised public hearing. MR. KLATZKOW: It has to be advertised, yes; otherwise, it would be -- I could have structured this almost like -- sometimes you'll get a trial court decision and it gets appealed, and the appellate court will do what's called a pro curium where they just tell you, we're just affirming below. But I really can't -- I couldn't do that process here because it requires a public hearing. COMMISSIONER SOLIS: Right, right. And I do -- and I understand the County Attorney's thought process on this, and this -- this just doesn't make me feel right to go that way, so... CHAIRMAN McDANIEL: And my question for the County Attorney -- and Commissioner Saunders is lit up. But I just -- are we -- are we circumventing or not allowing someone due process by this vote? MR. KLATZKOW: No. And Commissioner Solis and I had a good conversation yesterday, and I understand his concerns. My July 9, 2019 Page 136 concern is you're going to have a roomful of 200 people here, 100 people in red shirts, 100 people in blue shirts, four hours later, whatever decision you make is not going to matter because, ultimately, the trial judge is going to determine that since there are no facts here; it's just whether or not there's a provision in the PUD or the LDC that requires those gates to be open. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: So it's almost -- you're having a hearing, but it's -- CHAIRMAN McDANIEL: That was what I read here as well. It was -- ultimately it was going to be decided by a judge irrespective or not. But I can understand Commissioner Solis' concern not allowing for that appeal process. COMMISSIONER SOLIS: And one of the other things that I think could happen is a court coming back and saying, well, wait a minute, there should have been a hearing in front of the County Commission, so we're going to do it over anyway, you know. I just think it's -- it's not a perfect process, but I just -- I feel like we have to follow it regardless of whether or not we're going to have a whole bunch of people in the room. CHAIRMAN McDANIEL: Agreed on that. Commissioner Saunders. COMMISSIONER SAUNDERS: If we do have the hearing and this goes on for a couple days here because of the 200 people in different colored shirts, we do have the hearing, one of the parties is going to appeal. Is that appeal heard de novo? MR. KLATZKOW: It's de novo. This is not quasi-judicial. You are not looking at any criteria. COMMISSIONER SAUNDERS: Well, that's the reason I wanted to ask the question, because the evidentiary aspects of this are not going to be determined in front of us, as well as the legal issues. July 9, 2019 Page 137 So, I think in terms of due process, there will be plenty of that opportunity in court. There is a good question in terms of exhaustion of remedies. And are the parties able to agree just to go straight to court and eliminate that step without getting into a trap that Commissioner Solis has talked about? MR. KLATZKOW: From that standpoint, they created the problem. They do not have to ask for a staff interpretation. Could have gone right to court for an injunction. That's my view. Counsel may differ. COMMISSIONER SAUNDERS: I would ask Commissioner Solis, in terms of the fact that it would be a de novo hearing anyway, does that change your thinking at all? COMMISSIONER SOLIS: I still think we're -- you know, I think the Land Development Code says what it says, you know. I understand it's de novo, but if the process is that we're supposed to have an appeal at a publicly noticed hearing so 200 people can show up, that's what we're supposed to do. It's just a fundamental kind of a fairness -- COMMISSIONER SAUNDERS: Are you going to be in Ireland in an Irish pub when we do that? COMMISSIONER SOLIS: I may be. No, and this is -- you know, this is my district also, and it just -- not that that makes any difference in my analysis of this thing. CHAIRMAN McDANIEL: No. COMMISSIONER SOLIS: I just think our Land Development Code says what it says. And maybe we need to look at changing what it says in terms of if it's just a legal -- a legal -- strictly legal issue that it can be on the summary agenda or something. I just -- we just don't have that, so I don't feel comfortable not taking that extra step, because it seems like we're stuck with it whether we like it or July 9, 2019 Page 138 not. CHAIRMAN McDANIEL: Let's hear from the public speakers for a minute. MR. MILLER: Mr. Chairman, we have one registered speaker. Mark Adamczyk. MR. ADAMCZYK: Good afternoon, Commissioners. Mark Adamczyk, Attorney for the Orchards Community Association, for the record. The Orchards is a large HOA. It is the party that has appealed the official interpretation. I'm not here -- I'm not prepared to argue the substance of really the issue today. I do agree with Commissioner Solis that we have another step to go through under the Land Development Code. Our research does indicate that we could have problems in court. Even if it is a de novo standard, we could have problems in not having exhausted all lower remedies and, as Commissioner Solis points out, the Board of Zoning Appeals, I think it says "shall," have a public advertised hearing. We'll do our best to keep it precise, to the points, and not have, you know, a public outcry. It's simply a matter that we believe there's multiple access points required by the code, and that's what we're appealing. But, yeah, we would love to put on the appeal as requested. And that's really all we are here to comment on today. I'd be happy to answer any questions while I'm here. CHAIRMAN McDANIEL: Questions? COMMISSIONER TAYLOR: No. MR. ADAMCZYK: Thank you very much. CHAIRMAN McDANIEL: Thank you. COMMISSIONER TAYLOR: I do have a question for our County Attorney, or maybe my attorney to my left. What does de novo mean? July 9, 2019 Page 139 MR. KLATZKOW: It's sort of like at first flush. It's like nothing else counted. We're taking this as if we were the original trier of fact. COMMISSIONER SOLIS: Like new. COMMISSIONER TAYLOR: Like new. COMMISSIONER SOLIS: Like new, yeah. CHAIRMAN McDANIEL: So why don't you make a motion. COMMISSIONER SOLIS: Well, do we need a motion, or do we just bring -- MR. KLATZKOW: You need a motion to deny. COMMISSIONER SOLIS: We need a motion to deny. MR. KLATZKOW: Deny the recommendation and direct the county staff to advertise for the public hearing. COMMISSIONER SOLIS: I would so move. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN McDANIEL: It's been moved and seconded that we deny the recommendation. Any other discussion? (No response.) CHAIRMAN McDANIEL: Do you need to also give direction for the advertisement, or will that just follow? MR. KLATZKOW: That will follow. COMMISSIONER SOLIS: That would follow. CHAIRMAN McDANIEL: Okay. It's been moved and second we deny the recommendation. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. July 9, 2019 Page 140 CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #12B A SETTLEMENT AGREEMENT TO SETTLE THE LAWSUIT STYLED JUAN CARLOS GIL V. COLLIER COUNTY, FLORIDA, CASE NO. 2:19-CV-00372-SPC-UAM NOW PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION AND AUTHORIZE THE COUNTY MANAGER, COORDINATING WITH THE COUNTY ATTORNEY, TO TAKE ANY ADDITIONAL ADMINISTRATIVE ACTION NECESSARY TO FINALIZE THE SETTLEMENT DOCUMENTS – APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 12B. This is previously Item 16K6 on your agenda moved now to the County Attorney's regular agenda at Commissioner Saunders' request, I believe. This is a recommendation to enter into a settlement agreement to dispose of a Federal Americans with Disability Act lawsuit that's currently pending in federal court. Mr. Klatzkow? MR. KLATZKOW: And I'm here to take questions. COMMISSIONER SAUNDERS: Yeah. I pulled that off the consent agenda not because I'm opposed to the settlement necessarily -- and it sounds like the amounts are reasonable in terms of what these types of things would cost. But I guess one question is, are we in compliance with the ADA now? And I know there's some time limits in there. I think the law firm that sued us was going to work with us for three years to help us get into compliance and -- July 9, 2019 Page 141 MR. KLATZKOW: Nobody's compliant. In fact, if you put the -- Troy, would you put that last one up, the map. No, no. The item we just had. MR. MILLER: Sorry. MR. KLATZKOW: That's all right. That's not compliant because the graph doesn't do it. So it's -- you have a ADA law that never contemplated the Internet, all right, because it essentially predates the Internet. And now people are trying to access the Internet. And there are certainly things on the Internet, signatures, graphics, that just -- they don't comply. You can't read them if you're blind. And everybody, and I mean everybody, has this issue. We've got the two years on a consent order, as does everybody else entering into this, and pretty much everybody else is entering into this now. And hopefully within the next two years you'll get some federal regulations so that there will be a safe harbor, so items like this, which you really can't do, to make them compliant, will be exempted. And we'll see what we can do. COMMISSIONER SAUNDERS: Well, it's kind of a shame that the -- and I'm a lawyer, so I guess I can -- I'm part of the problem, but it's a shame that these types of things -- when there's attorney's fees available, you see a lot litigation, so... MR. KLATZKOW: But this is what the feds do. The feds have, like, 60 or so of these statutes where they put in these -- I call them -- well, terms of private Attorney General, and the feds let attorneys just go running around trying to find this stuff to enforce it for them that way. It's just -- it's the system we've been living under for quite some time. COMMISSIONER SAUNDERS: Well, I'll move to approve the recommendation of staff -- COMMISSIONER TAYLOR: Second. July 9, 2019 Page 142 COMMISSIONER SAUNDERS: -- on settlement. CHAIRMAN McDANIEL: It's been moved and seconded. As a portion of discussion, what's to keep somebody else from suing us? MR. KLATZKOW: We'll have this as a consent order. It has to basically go through the same judge, and so it will give us sort of a two-year safe harbor, and hopefully within that time we'll be fine. If we're not fine, nobody else is fine either. Either that or two years from now I'll come back to you with another $9,500 settlement. I don't know what to tell you. CHAIRMAN McDANIEL: So no one -- interimly, no one else can sue us on the same process? MR. KLATZKOW: They can, but I think this will protect us. CHAIRMAN McDANIEL: Okay. It's been moved and seconded to approve. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to Item 15, staff and commission general communications. July 9, 2019 Page 143 Just a reminder, when you return from your break, you have a workshop on October 29th to hear the strategic plan from your Mental Health and Addiction Ad Hoc Committee, and beyond that I have nothing else except to wish you all a good summer and enjoy your well-earned time off. We look forward to seeing you back here on September 5th at 5:05 for your first public budget hearing, adoption hearing. COMMISSIONER TAYLOR: Hopefully no hurricane bearing down on us at that time. MR. OCHS: Well, yeah, in that case I'll see you before September. COMMISSIONER FIALA: I didn't order any for this year. MR. OCHS: Very good. COMMISSIONER TAYLOR: Good. CHAIRMAN McDANIEL: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN McDANIEL: How about our favorite clerk? CLERK KINZEL: Thank you so much. No, great -- have a great summer. CHAIRMAN McDANIEL: Outstanding. Thank you. Commissioner Solis. COMMISSIONER SOLIS: Nothing from me other than to say have a good summer and thank you to the staff for all the hard work and putting up with us for the last six months. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: I like that. I agree. They have really put up with us, haven't they? And everybody still smiles. Thank you everybody. Have a wonderful summer. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I've got a couple items. I ran across a news article that -- the headline of the article was Governor July 9, 2019 Page 144 DeSantis signs two bills at USF supporting veterans. And in this bill -- article the governor says that he wants to make Florida the most veteran friendly state in the country, and the re's a real effort to improve conditions for veterans, which leads me back to the veterans nursing home. I'd like over the next -- the legislative session's going to start in January this year. Sometime in the early fall, I'd like to be able to broker a meeting with the governor's office and the Florida Department of Veterans Affairs to let them know that we have acquired that Golden Gate Golf Course, because we were talking about the possibility of that being a site for this, and see if we can jumpstart some conversations concerning the veterans nursing home. Again, utilizing the words of the governor that he wants to make this a very veteran friendly state, and Collier County is more than ponying up to the table to help that effort here in Collier Coun ty. Secondly, we were just talking about hurricanes and all that, and I know there's been presentations from staff about the preparation and everything. And I just -- I think I want to hear it one more time before we go on break that you're prepared, you feel that you've got what you need while we're on break. MR. OCHS: Yes, sir. We're well prepared and we're ready to go. COMMISSIONER SAUNDERS: The pump stations and all, I know you've got a lot of generators put in, and I know you've got a lot of generators that you can move fairly quickly. So you're fairly comfortable that if we do have a major storm and we lose power throughout the county, which is not impossible to happen again, that we're not going to have the -- kind of the sewage overflow problems that -- I know you can't guarantee that, but you're -- MR. OCHS: We've made a substantial improvement from Irma, and I don't expect that we would see that level of spill. July 9, 2019 Page 145 COMMISSIONER SAUNDERS: Okay. All right. And then, thirdly, I've become somewhat acquainted with the horse industry in Collier County over the last couple of years. COMMISSIONER SOLIS: The what? COMMISSIONER SAUNDERS: Horse. COMMISSIONER TAYLOR: Of course, of course. COMMISSIONER SAUNDERS: Horses. And what I'd like for staff to come back in the early fall with is some information on how we regulate folks that want to develop barns for rental for people that want to move their horses into barns. The reason I ask that is my understanding is that there are only a few specific locations where horse barns for boarding out horses to other -- from other people is permitted, and it has to be large tracts of land zoned agricultural. So that eliminates that type of activity almost everywhere in the county. And you have a few barns that are leasing out to the public that are probably in violation of county ordinances, and I don't think that we should be that restrictive. So there's also some state law dealing with agricultural types of activities. And the state law kind of preempts local regulation of certain agricultural types of activities, and horse breeding/horse boarding is an agricultural activity. So I think the public's getting kind of a mixed signal from the county, because I think there's a little bit of confusion as to what they can legally do. And as I think we all know, there are a lot of people in Collier County that like to have horses for their kids, and the ability to board horses is really restricted, much more so than probably anyplace else in Florida. COMMISSIONER SOLIS: This isn't a short-term boarding issue, is it? COMMISSIONER SAUNDERS: We're talking about boarding July 9, 2019 Page 146 for six months or more. COMMISSIONER SOLIS: Okay. I just wanted to make sure I understood what we were talking about. COMMISSIONER TAYLOR: No parties. COMMISSIONER SAUNDERS: There will be no horsing around in these facilities. But anyway that's -- if staff could come back and give me -- give the County Commission some information, I think that's something we should take a look at. CHAIRMAN McDANIEL: And you're ultimately looking to facilitate more opportunities for boarding. COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Yes, okay. And I think that's a fine idea. It's happening everywhere and not necessarily within the guise of what the ordinance is, in fact, saying. COMMISSIONER SAUNDERS: Thank you. I appreciate the Commission agreeing to look into that. Other than that, I have nothing other than, again, high praise for our staff and all the folks way in the back there that have been with us all day and all year, and I hope everybody has a nice, restful holiday -- or vacation. I guess it's not really a vacation for you guys. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER SOLIS: Vacation from us. COMMISSIONER TAYLOR: Maybe, right? First of all, I'd like to wish everyone a wonderful break from us and, you know, some relaxing days. This is the time that we can get around Collier County, and it's a beautiful time of year here. Second of all, I don't know where this design for Collier County came, but it is absolutely outstanding. It is elegant. It's really quite beautiful. I'm very impressed with that. So whatever you're doing graphically, keep it up. It's great. July 9, 2019 Page 147 Thirdly, is that you, Troy -- MR. MILLER: Yes. COMMISSIONER TAYLOR: What -- you're blushing. It's wonderful. MR. MILLER: Thank you. COMMISSIONER TAYLOR: So there's another -- from last week, we -- or the last meeting we heard from Dr. Savarese and Dr. Peter Sheng. And as I listened to that presentation, I wa s wondering -- and I broached this with Dr. Sheng, and he has yet to get back to me -- but the concept of creating maybe a 30-second, maybe even a 60-second -- short, of what was presented, that they can use to introduce what they're doing to the community . It is significant that no insurance folks have responded to their invitation to come and talk to them. And I don't think -- I don't think it's out there. We could also, perhaps, even use this on our public -- on our public station. Again, it would need to be approved by Dr. Sheng and Dr. Savarese -- but to condense what they presented with the tools, with their concept of what their -- what the grant is about, what they want to go into. COMMISSIONER SOLIS: The -- I'm sorry. Unfortunately, I wasn't here for that presentation. COMMISSIONER TAYLOR: Oh. COMMISSIONER SOLIS: But they invited the insurance companies? COMMISSIONER TAYLOR: No. Part of -- they wanted to talk to the leadership and the major industries within Collier County to assess the assets of their different areas, and insurance companies have been -- COMMISSIONER SOLIS: Standoffish? COMMISSIONER TAYLOR: They're not -- they're not answering the phone, so to speak. And so it's -- and everyone's July 9, 2019 Page 148 talking about it. So it's more to understand. I think -- I think it would be a great tool for them, but also I think it would be great for our community to be able to review, not in 45 minutes, but maybe in a minute film what these two scientists are doing, and the fact that they have received another million dollars from NOAA to continue this speaks volumes of the quality of their work. CHAIRMAN McDANIEL: Did they get that approved? Because that wasn't approved at the presentation. So they did get it approved? COMMISSIONER TAYLOR: Yeah, it's there. CHAIRMAN McDANIEL: Because it was forthcoming. COMMISSIONER TAYLOR: Well, forthcoming meant yeah. So if there's an agreement, and then, of course, I would work with Troy because he does it so well. And it would have to be approved by Dr. Sheng and Dr. Savarese, and we're ready to go. COMMISSIONER SOLIS: I'm sorry. To do? COMMISSIONER TAYLOR: To take 45 minutes and make it into a minute. COMMISSIONER SOLIS: Oh, of their presentation? COMMISSIONER TAYLOR: Yes, yes. COMMISSIONER SOLIS: It's public record, right, the presentation? We could -- MR. OCHS: Yeah. My only reservation is I want to stick to the grant, the modeling program that is the subject of the grant. I want to avoid any commitments on a regional compact, because I think it's premature at this point. COMMISSIONER TAYLOR: We're not talking about any regional impact. MR. OCHS: Okay. But that -- there was part of that in the presentation, and I want to make sure that we reserve that until the Board can really get a full detailed presentation. July 9, 2019 Page 149 COMMISSIONER TAYLOR: Yeah. And I -- yeah, absolutely. No, no. Strictly -- strictly the tools -- the two tools that they developed, the capability of these tools, that kind of thing. CHAIRMAN McDANIEL: My only concern with that is the information that ends up being in that one-minute condensed version could be inflammatory. There was some things in there when you looked at the bathtub model as to potentials that could come from sea level rise and the negative aspects of that -- COMMISSIONER TAYLOR: I don't want to go into that. CHAIRMAN McDANIEL: Well, I would hope that you wouldn't. That's a concern that I have -- COMMISSIONER TAYLOR: No, no, I don't want to go into that. CHAIRMAN McDANIEL: -- with condensing that. If someone were -- without us -- without us all having a say-so in what the final version was, in fact, going to look like, that could -- that could incite circumstances that could get out of hand pretty quick. I'm having a cramp right now, so forgive me. COMMISSIONER TAYLOR: Sorry. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I would agree to what Commissioner Taylor has indicated as long as before it -- obviously once the one minute is produced, it's public record, and that's fine. But before we put it on our web page and before we give it our -- CHAIRMAN McDANIEL: Where you going, Crystal? COMMISSIONER TAYLOR: She's already leaving. She's out the door. COMMISSIONER SOLIS: She's ready to go. CLERK KINZEL: I'm ready to go. Sorry. COMMISSIONER SAUNDERS: Before we authorize that, that the final product be presented to the Board and we vote on whether July 9, 2019 Page 150 we want to put that on our web page so we at least have an opportunity to look at it. CHAIRMAN McDANIEL: So we don't put it up until September when we come back. COMMISSIONER TAYLOR: And that's fine. That's fine. I think it's really to use it as a tool. CHAIRMAN McDANIEL: That's a good way to go. COMMISSIONER TAYLOR: Absolutely. Good. I mean, it would engage Troy with a significant amount of work assuming that Dr. Sheng -- and they have angst at their end, of course, because it's the University of Florida, and it's about -- they need to be very sure that they're going to do it. So it's a process. All right. Good. You all right? CHAIRMAN McDANIEL: I'll be all right. COMMISSIONER TAYLOR: Okay. Next -- and this is a tough one for me, but as your economic chair, I just would like everyone to think long and hard about the South Florida Economic Alliance and the fact that we are the only county contributing to it at this point. COMMISSIONER SAUNDERS: That makes for an interesting alliance. One party? CHAIRMAN McDANIEL: Yeah. We get to do a lot of good things. COMMISSIONER TAYLOR: Yeah. We're the only county that's contributing to it. COMMISSIONER SAUNDERS: That's the $100,000 -- COMMISSIONER FIALA: It's the Collier Alliance, right? COMMISSIONER TAYLOR: Yeah. And, you know -- and I understand it, but it kind of reminds me of -- are you okay? CHAIRMAN McDANIEL: I'm all right. Forgive me for squirming. July 9, 2019 Page 151 COMMISSIONER FIALA: Why don't you get up and walk around. CHAIRMAN McDANIEL: I'll be all right. I'll be all right. COMMISSIONER TAYLOR: It kind of reminds me of the Regional Planning Council in a way, which we were struggling with -- CHAIRMAN McDANIEL: I am. COMMISSIONER TAYLOR: -- with what's going on. And I'm not suggesting anything except I think we need to take a close look at our participation in it, which is pretty much what you've said. COMMISSIONER SAUNDERS: Yeah. That's the $100,000 a year where we're basically paying for someone's salary to do that work. And it may still be valuable. But, I agree, if we're the only ones in it, we should take a look at it. CHAIRMAN McDANIEL: We can do that in our budget hearings in the fall, can we not? MR. OCHS: Yes, you can. CHAIRMAN McDANIEL: Okay. Let's make a note. I would suggest that we do that. COMMISSIONER TAYLOR: Okay. All right. CHAIRMAN McDANIEL: And I'll do my -- since you brought up the RPC, I'll do my best to come back with a report then as well as to what's going on with the RPC. COMMISSIONER SAUNDERS: We could take that 100,000, put it into the bus operations, wraps some buses with the Collier County, just our logos and stuff on it. COMMISSIONER SOLIS: Could I ask you a question about the alliances? In the past Lee County has kind of hummed, hawed, and dragged their feet, but they ended up contributing at the end of the day. Have they just said that we're just not going to contribute, or are they just dragging their feet again? July 9, 2019 Page 152 MR. OCHS: They're dragging their feet. COMMISSIONER SOLIS: Okay. MR. OCHS: We're monitoring it every week. They know that I'm not going to recommend that we continue participation unless I see the receipts from Lee County. We're due to renew those contracts in the second meeting of September. CHAIRMAN McDANIEL: Right. MR. OCHS: So they know if we don't see some evidence of payment from Lee County, at least, we're not going to continue. COMMISSIONER TAYLOR: Yeah, it's tough. But they've got Skyplex. And if you've never been up to Skyplex, I'm not sure they need us. And I think that's all for now. CHAIRMAN McDANIEL: I have two things. If you haven't yet -- and I want to remind everybody to remind everybody 311 is an amazing facility for our community. It doesn't hurt that Michael's sitting right there in front of me to remind us of that. But two days ago -- no, yesterday when I was coming in in the really, really bad rains, I was able to literally -- Lakewood, you know where we sneak in the back way over off of Glades and come in off of Lakewood, the storm drain was clogged. And I just -- driving down the road, 311. Lady answered. I told me her where the storm drain in fact was, left my name and number. Got a phone call later on that they'd sent someone out and evacuated just because -- it was deep coming through there. So it's an enormous opportunity for our community to be able to help our government help our community. It's not just a complaint . It's 360,000 pairs of eyes cruising around for -- to be able to assist our county government in doing its job. So 311. Use it. It's amazing. The other thing is -- I've done it for two years in a row, and we've all had our accolades in wishing our staff well while we're not July 9, 2019 Page 153 here, but I would really like sometime for us to give consideration to adjusting our board schedule. COMMISSIONER FIALA: To what? CHAIRMAN McDANIEL: To adjust our board schedule. COMMISSIONER FIALA: To what? CHAIRMAN McDANIEL: To something different than what it is. COMMISSIONER FIALA: Like not meet? CHAIRMAN McDANIEL: No. COMMISSIONER FIALA: That's different. CHAIRMAN McDANIEL: It certainly is. COMMISSIONER SOLIS: During deer season. CHAIRMAN McDANIEL: Well, deer season would help a lot for me personally. But I just -- I really think it's time for us -- we're no longer a sleepy little fishing community of less than 100,000 people, and we have business that's being conducted. We ran into several circumstances today where I could foresee at least one or two more meetings in this period of time where we're off that we could be doing the people's business and taking care of things. So if -- COMMISSIONER FIALA: But you can stay while we're gone, and we could invite you to do that. CHAIRMAN McDANIEL: Would you give me authority to make decisions? COMMISSIONER FIALA: No. CHAIRMAN McDANIEL: No. Did you note she said no. MR. CASALANGUIDA: Real quick, too. No. CHAIRMAN McDANIEL: You can stay, but you can't do anything. COMMISSIONER SAUNDERS: If Commissioner Fiala will make a motion to delay that to another time in another year, I will second that. July 9, 2019 Page 154 COMMISSIONER FIALA: You'll second it? CHAIRMAN McDANIEL: Well, if -- and I don't want to waste my time. I just -- COMMISSIONER FIALA: Good. CHAIRMAN McDANIEL: I've got a lot of people -- a lot of people that like this idea. COMMISSIONER FIALA: Yeah. COMMISSIONER TAYLOR: A lot of people. CHAIRMAN McDANIEL: You know, you regularly ask what our constituents say, and I -- a lot of people like the idea. The ladies that I speak with regularly at the League of Women Voters think it's a pretty nice idea. So, anyway, I would bring forward a resolution if you'd give it some consideration. And I'm getting -- COMMISSIONER SOLIS: I think I might have to think about that over the summer. CHAIRMAN McDANIEL: Okay. You just do that. With that, I will see you all in September. Thank you very much. **** Commissioner Solis moved, seconded by Commissioner Fiala and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RECORDING THE FINAL PLAT OF MEADOWOOD, (APPLICATION NUMBER PL20180003143) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY (THIS IS A COMPANION ITEM TO AGENDA ITEM #17A) BOTH ITEMS MUST BE APPROVED July 9, 2019 Page 155 OR DENIED ON TODAY’S AGENDA (DISTRICT 3) – W/STIPULATIONS Item #16A2 RECORDING THE FINAL PLAT OF HAMILTON PLACE, (APPLICATION NUMBER PL20190000034) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY (DISTRICT 4) – W/STIPULATIONS Item #16A3 RESOLUTION 2019-119: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF PONTE RIALTO, APPLICATION NUMBER PL20130002029, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY (DISTRICT 1) Item #16A4 RESOLUTION 2019-120: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF TUSCANY POINTE, APPLICATION NUMBER PL20130001473, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY (DISTRICT 5) Item #16A5 July 9, 2019 Page 156 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR WATERPARK PLACE PHASE III, PL20190000940 (DISTRICT 2) – STAFF HAS FOUND THE FACILITIES TO BE ACCEPTABLE AND SATISFACTORY AFTER AN INSPECTION ON MAY 31, 2019 Item #16A6 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH A VALUE OF $837,702.88 FOR PAYMENT OF $2,000 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. JUAN M. GONZALEZ AND NAYELIS GONZALEZ, RELATING TO PROPERTY LOCATED AT 5370 MCCARTY ST, COLLIER COUNTY, FLORIDA (DISTRICT 1) – FOR VARIOUS CODE VIOLATIONS THAT WERE BROUGHT INTO COMPLIANCE ON JANUARY 13, 2019. THE NEW OWNER IS NOW SEEKING SETTLEMENT OF THE FINES AND THE PROPERTY HAS NO REMAINING CODE VIOLATIONS Item #16A7 AN AGREEMENT FOR THE PURCHASE OF A FEE SIMPLE PROPERTY (PARCEL 107FEE) REQUIRED FOR THE IMMOKALEE STORMWATER IMPROVEMENT PROGRAM (PROJECT #60143) (ESTIMATED FISCAL IMPACT: $115,850) (DISTRICT 5) – FOR 2.5 ACRES AT THE SOUTHEAST CORNER OF EAST DELAWARE AVE AND 16TH STREET SE Item #16A8 July 9, 2019 Page 157 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $82,500 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.156, PL20170001525 FOR WORK ASSOCIATED WITH HADLEY PLACE WEST (DISTRICT 3) Item #16A9 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $53,680 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20180002422) FOR WORK ASSOCIATED WITH BRENTWOOD LAKES (DISTRICT 5) – A RECENT INSPECTION CONFIRMED THAT THE DEVELOPER HAS FULFILLED COMMITMENTS OF THE EWA Item #16A10 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 8, BLOCK A, CORINTHIAN GARDENS AT WORLD TENNIS CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 18, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY (DISTRICT 4) – PARCEL #27800002702 Item #16A11 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 88, IMPERIAL GOLF ESTATES PHASE IV, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 13, PAGES 104-106 OF THE PUBLIC RECORDS OF COLLIER July 9, 2019 Page 158 COUNTY (DISTRICT 2) – LOCATED AT 2016 IMPERIAL GOLF COURSE BLVD., WHERE THE POOL INCLOSURE ENCROACHES 2.8 FEET INTO A 12-FOOT DRAINAGE EASEMENT Item #16A12 RESOLUTION 2019-121: SUBMITTAL OF TWO (2) STORMWATER MANAGEMENT IMPROVEMENT PROJECT GRANT APPLICATIONS TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) BIG CYPRESS BASIN LOCAL PARTNERSHIP GRANTS PROGRAM FOR FY 2020 AND A RESOLUTION SUPPORTING THE COUNTY’S APPLICATION (ALL DISTRICTS) Item #16A13 BUDGET AMENDMENTS TO RECOGNIZE REVENUE, IN THE AMOUNT OF $39,752.76, WITHIN STORMWATER CAPITAL FUND (325), IMMOKALEE STORMWATER IMPROVEMENT PROJECT #60143, FOR THE EDEN GARDENS OFFSITE BYPASS DRAINAGE IMPROVEMENTS AND NORTH THIRD STREET DRAINAGE IMPROVEMENTS (DISTRICT 5) – FOR IMPROVEMENT ENGINEERING AND DESIGN Item #16A14 AWARD FOUR AGREEMENTS FOR INVITATION TO BID (ITB) NO. 19-7544, "TRAFFIC SIGNS AND RELATED MATERIALS," TO THE FOLLOWING VENDORS: ALLIED TUBE & CONDUIT CORPORATION, ASSET MANAGEMENT July 9, 2019 Page 159 SOLUTIONS USA, INC., ANNAT, INC., D/B/A MUNICIPAL SUPPLY & SIGN CO., AND OSBORN ASSOCIATES, INC. (ALL DISTRICTS) Item #16A15 RECOGNIZE AND APPROPRIATE REVENUE TO THE TRAFFIC OPERATIONS COST CENTER, IN THE AMOUNT OF $69,170 FOR FISCAL YEAR 2019 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS (ALL DISTRICTS) – FROM INSURANCE COMPANY REFUNDS Item #16A16 RESOLUTION 2019-122: A RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ERECT APPROPRIATE SIGNAGE ON INTERSTATE 75, DESIGNATING THE ROADWAY BETWEEN MILE MARKER 100 AND MILE MARKER 102 AS THE “TROOPER LINDELL J. GIBBONS MEMORIAL HIGHWAY” (ALL DISTRICTS) Item #16A17 CREATION OF SEVEN (7) ADDITIONAL FULL- TIME EQUIVALENT POSITIONS IN THE GROWTH MANAGEMENT DEPARTMENT TO ALLOW FOR HIRING AND TRAINING OF STORMWATER MAINTENANCE CREWS PRIOR TO THE FY20 BUDGET YEAR, AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS (ALL DISTRICTS) – 1 SR. CREW LEADER, 1 CREW LEADER, 3 HEAVY EQUIPMENT OPERATORS AND 2 EQUIPMENT OPERATORS July 9, 2019 Page 160 Item #16A18 THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND RICHMOND PARK MASTER CONDOMINIUM ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN WOODCREST DRIVE PUBLIC RIGHT-OF-WAY (DISTRICT 5) – FOR WHICH THE OWNER AGREES TO MAINTAIN THE SOD AND IRRIGATION IMPROVEMENTS DESCRIBED IN THE AGREEMENT Item #16A19 AN AGREEMENT PERTAINING TO THE AWARD OF INVITATION TO BID NO. 19-7551, “NORTH NAPLES SIDEWALKS AT VARIOUS LOCATIONS,” TO O-A- K/FLORIDA, INC., D/B/A OWEN AMES KIMBALL COMPANY IN THE AMOUNT OF $578,224.44; AND TO ACKNOWLEDGE A TIME EXTENSION TO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF NORTH NAPLES SIDEWALKS AT VARIOUS LOCATIONS (FPN #435117-1-58-01, PROJECT NO. 33506); APPROVE THE EXPENDITURE; AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT (DISTRICT 2) – AN EXTENSION TO THE LAP AGREEMENT HAS BEEN APPROVED BY FDOT THROUGH DECEMBER 31, 2020 Item #16A20 July 9, 2019 Page 161 RESOLUTION 2019-123: TO REPEAL AND REPLACE RESOLUTION NO. 2017-130 BY ESTABLISHING A NEW PROPERTY ASSESSMENT CLEAN ENERGY (PACE) PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY FOR COMMERCIAL, INDUSTRIAL, AND COMMERCIAL MULTIFAMILY PROPERTIES, APPROVE A STANDARD FORM MEMBERSHIP AGREEMENT WITH PACE PROVIDERS, AND AUTHORIZE THE COUNTY MANAGER TO EXECUTE THE STANDARD FORM MEMBERSHIP AGREEMENT WITH PACE PROVIDERS (ALL DISTRICTS) Item #16B1 DIRECT STAFF TO BEGIN THE REVIEW, DRAFTING AND PUBLIC HEARING PROCESS OF REGULATORY CHANGES TO IMPLEMENT THE ADOPTED 2019 COLLIER COUNTY COMMUNITY REDEVELOPMENT PLAN FOR THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (DISTRICT 4) Item #16B2 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), AUTHORIZE THE CHAIR TO SIGN THE NECESSARY DOCUMENTATION TO TRANSFER THE VOLUNTARY TAX CREDIT CERTIFICATION NO. 348 TO VALLEY NATIONAL BANK AND CREDIT PROCEEDS TOWARDS THE PURCHASE PRICE FOR THE 5.27 ACRE SITE WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA AS IDENTIFIED IN THE PURCHASE AND SALE July 9, 2019 Page 162 AGREEMENT WITH REAL ESTATE PARTNERS INTERNATIONAL, LLC; AND APPROVE ALL NECESSARY BUDGET AMENDMENTS (ALL DISTRICTS) Item #16B3 AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., IN THE AMOUNT OF $626,732.37, RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7466, CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR THE THOMASSON DRIVE BEAUTIFICATION PROJECT, AUTHORIZE NECESSARY BUDGET AMENDMENTS TO MOVE CAPITAL PROJECT FUNDING TO BAYSHORE CAPITAL PROJECT FUND (160), AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT (DISTRICT 4) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 A BUDGET AMENDMENT FOR THE FACILITIES MANAGEMENT DIVISION IN THE AMOUNT OF $1,500,000 TO ALLOCATE INFRASTRUCTURE SALES SURTAX FUNDING ASSOCIATED WITH THE EMERGENCY SERVICES CENTER ENCLOSURE OF THE EAST BAY (PROJECT #50390) (DISTRICT 1) Item #16C2 PARTICIPATE IN THE COLLIER SOIL AND WATER CONSERVATION DISTRICT’S MOBILE IRRIGATION LAB July 9, 2019 Page 163 PROGRAM AND PROVIDE PARTIAL PROGRAM FUNDING IN THE AMOUNT OF $20,000 ANNUALLY. (ALL DISTRICTS) – PROVIDING FOR 40 ON-SITE EVALUATIONS AND FOLLOW- UPS Item #16C3 AN AGREEMENT AWARDING INVITATION TO BID #19-7571, “PUMP STATION MATERIAL REMOVAL AND DISPOSAL,” TO CARLOS RIVERO PLUMBING & SEPTIC TANK CONTRACTOR, INC. (ALL DISTRICTS) – TERMINATING AGREEMENT #17-7042 UPON THE EFFECTIVE DATE OF AGREEMENT #19-7571 Item #16C4 AN AGREEMENT FOR THE AWARD OF INVITATION TO BID NO. 19-7589, "NCWRF OPERATIONS BUILDING NEW ROOF", TO CFS ROOFING SERVICES, LLC IN THE AMOUNT OF $147,455 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CONSTRUCTION AGREEMENT (DISTRICT 2) – DUE TO DAMAGE CAUSED BY HURRICANE IRMA Item #16C5 AWARD INVITATION TO BID NO. 19-7620, “COLLIER COUNTY METASYS NAE REPLACEMENT,” TO PLUG SMART IN THE AMOUNT OF $518,338.84 FOR THE UPGRADE TO AN OPEN ARCHITECTURE BUILDING AUTOMATION SYSTEM FROM THE JOHNSON CONTROLS METASYS BUILDING AUTOMATION SYSTEM, AUTHORIZE THE NECESSARY July 9, 2019 Page 164 BUDGET AMENDMENTS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (ALL DISTRICTS) – WITH SERVER INSTALLATION TO BE COMPLETED BY JUNE 2020 Item #16C6 AWARD AGREEMENTS FOR REQUEST FOR QUALIFICATION NO. 18-7471, “PURCHASE AND INSTALLATION OF FLOOR COVERING” TO TAMPA CONTRACT FLOORS, INC. AND WAYNE WILES FLOORCOVERINGS, INC., FOR COUNTY- WIDE PURCHASE AND INSTALLATION OF FLOOR COVERING SERVICES (ALL DISTRICTS) Item #16C7 AN AGREEMENT FOR INVITATION TO BID NO. 19- 7580, "SOUTH COUNTY REGIONAL WATER TREATMENT PLANT EMERGENCY CHLORINE SCRUBBER", PROJECT #70166, TO RF ENVIRONMENTAL SERVICES, INC., IN THE AMOUNT OF $328,000, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (ALL DISTRICTS) Item #16C8 EXECUTION FOR THE FIRST AMENDMENT TO THE SOLAR LEASE AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY (FPL) FOR THE COLLIER COUNTY SPORTS COMPLEX AND EVENTS CENTER (CC-SCEC) (ALL DISTRICTS) – FOR THE INSTALLATION AND MAINTENANCE AND PROVIDING 2 SOLAR TREES AND 1 July 9, 2019 Page 165 CANOPY FOR THE TROPHY SECTION IN THE PARK Item #16C9 RESOLUTION 2019-124 (DISTRICT I); RESOLUTION 2019-125 (DISTRICT II): RESOLUTIONS TO SET THE DATE, TIME AND PLACE FOR AN ADVERTISED PUBLIC HEARING WHERE THE BOARD OF COUNTY COMMISSIONERS WILL ADOPT SPECIAL ASSESSMENTS TO BE COLLECTED ON THE NON- AD VALOREM PROPERTY TAX BILL FOR CURBSIDE SOLID WASTE COLLECTION AND DISPOSAL SERVICES FOR FISCAL YEAR 2020 AND APPROVE THE NOTIFICATION TO CUSTOMERS (ALL DISTRICTS) Item #16C10 A $397,608 WORK ORDER UNDER REQUEST FOR QUOTATION NO. 15-6469-5 TO WELLS & WATER SYSTEM, INC., UNDER PROJECT NUMBER 70085, TO CONDITION AND TREAT TWELVE PRODUCTION WELLS IN THE GOLDEN GATE WELLFIELD (ALL DISTRICTS) Item #16C11 RESOLUTION 2019-126/CWS RESOLUTION 2019-03: A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THOSE PERPETUAL UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS NECESSARY FOR THE CONSTRUCTION OF WATER MAINS TO FACILITATE THE I-75/COLLIER BOULEVARD UTILITY RELOCATION PROJECT (PROJECT July 9, 2019 Page 166 NO. 70229) (ESTIMATED FISCAL IMPACT: $510,000) (DISTRICT 1, DISTRICT 5) Item #16C12 AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY OVER PROPERTY OWNED BY THE COLLIER COUNTY WATER-SEWER DISTRICT AT 9622 VANDERBILT DR., NAPLES, FL 34108 (DISTRICT 5) – FOLIO #62831200004 Item #16C13 A UTILITY EASEMENT FOR WASTEWATER MASTER PUMP STATION NUMBER 167 WITHIN THE HERITAGE BAY PUD (DISTRICT 3) – FOR A PORTION OF TRACT “G” LOCATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16C14 AN AGREEMENT FOR INVITATION TO BID NO. 19- 7597, “NCRWTP DEGAS BLOWER ROOM CORROSION REMEDIATION,” PROJECT NUMBER 71066, TO THE WALKER CONTRACTING GROUP, INC., IN THE AMOUNT OF $161,856. (ALL DISTRICTS) Item #16C15 A WORK ORDER IN THE AMOUNT OF $264,238 FOR REQUEST FOR QUOTATION NO. 14-6213-130 TO DOUGLAS N. HIGGINS, INC., ON THE “SUNSHINE BOULEVARD AND GREEN BOULEVARD WATER MAIN IMPROVEMENTS” July 9, 2019 Page 167 PROJECT, WHICH IS WITHIN THE SCOPE OF WORK UNDER PROJECT NUMBER 70222, THE “GOLDEN GATE CITY COMPLIANCE ASSURANCE” PROJECT (DISTRICT 3) Item #16C16 A SECOND AMENDMENT TO AGREEMENT NO. 18-7288, “COLLIER COUNTY JAIL MOBILE KITCHEN TRAILERS,” WITH S.R. HOLDING CO. OF MIAMI, INC., D/B/A S.R. HOLDINGS INC. (ALL DISTRICTS) – EXTENDING THE CONTRACT THROUGH AUGUST 20, 2019 Item #16D1 ONE (1) RELEASE OF LIEN IN THE AMOUNT OF $15,323.79 FOR FULL REPAYMENT OF A COUNTYWIDE IMPACT FEE FOR AN AFFORDABLE HOUSING DWELLING UNIT (ALL DISTRICTS) – LOCATED AT 7342 BRISTOL CIRCLE, NAPLES Item #16D2 THE CHAIRMAN TO SIGN THREE RELEASES OF LIEN FOR THREE (3) AFFORDABLE HOUSING DENSITY BONUS UNITS THAT ARE NO LONGER SUBJECT TO THE TERMS OF THE AGREEMENT (ALL DISTRICTS) – PARCELS #24778007382, #24778005300 AND #24778001524 Item #16D3 THE CHAIRMAN TO SIGN FOUR SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES July 9, 2019 Page 168 PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $39,311 AND AN ASSOCIATED BUDGET AMENDMENT (ALL DISTRICTS) – LOCATED AT THE FOLLOWING: 1871 41ST SW; 2431 48TH AVE NE; 2927 ANDREWS AVE AND 7342 BRISTOL CIRCLE Item #16D4 THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM EXPENDITURE EXTENSION FOR FY 2016/2017 THROUGH DECEMBER 30, 2019 (ALL DISTRICTS) Item #16D5 THE DISADVANTAGED BUSINESS ENTERPRISE GOAL FOR FY 20, 21, AND 22 TO ENSURE THAT THE DISADVANTAGED BUSINESS ENTERPRISE HAVE AN EQUAL OPPORTUNITY TO RECEIVE AND PARTICIPATE IN FEDERAL TRANSIT ADMINISTRATION ASSISTED CONTRACTS BY ENSURING NONDISCRIMINATION IN THEIR AWARD AND ADMINISTRATION (ALL DISTRICTS) – ENDING ON SEPTEMBER 30, 2022 Item #16D6 ACCEPT THE BUREAU OF JUSTICE ASSISTANCE, MEDICALLY ASSISTED TREATMENT PLANNING INITIATIVE GRANT AWARD, TO FACILITATE THE DEVELOPMENT OF A MEDICATION-ASSISTED TREATMENT APPROACH IN THE COLLIER COUNTY JAIL AND COMMUNITY TREATMENT SETTINGS, APPROVE THE July 9, 2019 Page 169 RECOMMENDED COLLIER COUNTY DELEGATION MEMBERS AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $15,730 TO RECOGNIZE A PRIVATE DONATION TO FUND TRAVEL FOR REQUIRED TEAM MEMBERS TO PARTICIPATE IN MEETINGS THAT WILL BE HELD IN WASHINGTON, D.C. (ALL DISTRICTS) – FOR MEETING HELD ON AUGUST 13-14, 2019 AND A SECOND MEETING HELD ON JANUARY 22-23, 2020 Item #16D7 THE ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE PROPOSAL TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S INVASIVE PLANT MANAGEMENT SECTION FOR CONTRACTOR SERVICES WORTH $100,000 DURING FY2020 TO TREAT INVASIVE EXOTIC VEGETATION WITHIN CONSERVATION COLLIER’S DR. ROBERT H. GORE III AND MCILVANE MARSH PRESERVES (ALL DISTRICTS) – WITH $50,000 GOING TO THE CONTRACTOR FOR EACH PRESERVE Item #16D8 AFTER-THE-FACT CONTRACT AMENDMENTS AND ATTESTATION STATEMENTS BETWEEN THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. AND COLLIER COUNTY SERVICES FOR SENIORS TO EXTEND THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE AND HOME CARE FOR THE ELDERLY PROGRAMS GRANT PERIOD FOR SIXTY (60) DAYS OR UNTIL A NEW 2019 CONTRACT IS EXECUTED AND TO AUTHORIZE July 9, 2019 Page 170 BUDGET AMENDMENTS TO RECOGNIZE INCREASES FOR COMMUNITY CARE FOR THE ELDERLY AND ALZHEIMER’S DISEASE CO-PAY GOALS FOR FY 2018/2019 (ALL DISTRICTS) Item #16D9 RESOLUTION 2019-127: CHAIRMAN TO SIGN THE LONG- TERM LEASE AGREEMENT AND WITH THE FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC. AND RESOLUTION WHICH WILL ENABLE THE FRIENDS TO CONTINUE TO TEACH BOATER SAFETY EDUCATION TO COLLIER COUNTY RESIDENTS AND VISITORS AT CAXAMBAS PARK (DISTRICT 1) Item #16D10 A BUDGET AMENDMENT IN THE AMOUNT OF $137,000 TO DESIGN THE GOLDEN GATE COMMUNITY PARK ACTIVITY POOL RENOVATION (DISTRICT 3) – FOR DESIGN COSTS Item #16D11 BUDGET AMENDMENTS IN THE AMOUNT OF $390,000 TO REALIGN FUNDING WITHIN PARKS & RECREATION OPERATING BUDGETS TO SUPPORT COUNTY PARK FACILITIES, INFRASTRUCTURE, AND EQUIPMENT MAINTENANCE (ALL DISTRICTS) Item #16E1 July 9, 2019 Page 171 RECOGNIZING ACCRUED INTEREST FROM THE PERIOD OCTOBER 1, 2018 THROUGH MARCH 31, 2019 EARNED BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $1,333.49 (ALL DISTRICTS) Item #16E2 AN AWARD OF $78,352 IN GRANT FUNDS FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, WHICH REQUIRES A LOCAL MATCH OF $26,115 FOR THE PURCHASE OF EIGHT HYDRAULIC ASSIST STRETCHERS AND TO APPROVE NECESSARY BUDGET AMENDMENTS (ALL DISTRICTS) Item #16E3 RESOLUTION 2019-128: A RESOLUTION AUTHORIZING THE REMOVAL OF 7,820 AMBULANCE SERVICE ACCOUNTS AND THEIR RESPECTIVE UNCOLLECTIBLE ACCOUNTS RECEIVABLE BALANCES WHICH TOTAL $5,390,407.16, FROM THE ACCOUNTS RECEIVABLE OF COLLIER COUNTY FUND 490 (EMERGENCY MEDICAL SERVICES) FINDING DILIGENT EFFORTS TO COLLECT HAVE BEEN EXHAUSTED AND PROVED UNSUCCESSFUL (ALL DISTRICTS) Item #16E4 A RENEGOTIATED INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND TO REPLACE THE EXISTING AGREEMENT TITLED July 9, 2019 Page 172 “INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT (ALS) ENGINE PARTNERSHIP” DATED MAY 22, 2007 (ALL DISTRICTS) – THE AGREEMENT SHALL BE REVIEWED AND RENEGOTIATED AS NECESSARY EVERY THREE YEARS Item #16E5 EXTENDING EXISTING CONTRACTS TO FIRMS IDENTIFIED ON THE ATTACHED DISCIPLINE SHEETS UNDER AGREEMENT #13-6164, “PROFESSIONAL SERVICES ARCHITECT AND ENGINEERING” FOR A PERIOD OF SIX MONTHS TO ALLOW STAFF TO COMPLETE SOLICITING AND NEGOTIATIONS FOR THE VARIOUS PROFESSIONAL SERVICES DISCIPLINES (ALL DISTRICTS) – CURRENTLY TO EXPIRE ON SEPTEMBER 4, 2019 WILL BE EXTENDED TO MARCH 9, 2020 Item #16E6 AWARD INVITATION TO BID NO. 19-7584, OEM AND AFTERMARKET PARTS FOR COLLIER COUNTY FLEET MANAGEMENT, TO THE FOLLOWING VENDORS: GILLIG, LLC, IEH AUTO PARTS LLC D/B/A AUTO PLUS AUTO PARTS, SUNBELT AUTOMOTIVE, INC., TPH HOLDINGS, LLC D/B/A THE PARTS HOUSE, AND TAMIAMI FORD, INC., AND AUTHORIZE STAFF TO ISSUE PURCHASE ORDERS TO THOSE VENDORS (ALL DISTRICTS) Item #16E7 MODIFICATIONS THAT CONSIST OF THREE TITLE July 9, 2019 Page 173 CHANGES, TWO RECLASSIFICATIONS, AND TWO ADDITIONS TO THE 2019 FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM APRIL 1, 2019 THROUGH JUNE 30, 2019 (ALL DISTRICTS) – ADDING A SENIOR PROCUREMENT STRATEGIST Item #16E8 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT (ALL DISTRICTS) – FOR THE DISPOSAL OF A NET BOOK WITH THE VALUE OF $159.35 Item #16E9 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL (ALL DISTRICTS) Item #16F1 THE “2018 INDEXING CALCULATIONS” PREPARED BY TINDALE-OLIVER AND ASSOCIATES, IN ACCORDANCE WITH THE ADOPTED INDEXING METHODOLOGY CONTAINED IN CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO IMPACT FEES, AND DIRECT THE COUNTY MANAGER TO FOREGO THE CALCULATED INCREASES, TO THE EMERGENCY MEDICAL SERVICES IMPACT FEES 3.2%, July 9, 2019 Page 174 GOVERNMENT BUILDINGS IMPACT FEES 3.4%, LAW ENFORCEMENT IMPACT FEES 2.7% AND LIBRARY IMPACT FEES 2.9% DUE TO THE IMPACT FEE CATEGORIES BEING SCHEDULED FOR FULL STUDY IN EARLY FISCAL YEAR 2020 AND ANTICIPATED CHANGES IN DEMAND COMPONENTS AND THE IMPACT OF THE NEW SALES TAX REVENUE ON THE CREDIT CALCULATION FOR SEVERAL OF THE LISTED FEES (ALL DISTRICTS) Item #16F2 THE USE OF AN ALTERNATIVE ROAD IMPACT FEE RATE, PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR TACO BELL, FOR A WENDY’S RESTAURANT BEING CONSTRUCTED AT TAMIAMI CROSSINGS AND FOR AN ADDITION TO AN EXISTING TACO BELL CONVERTING TO A KENTUCKY FRIED CHICKEN IN IMMOKALEE (ALL DISTRICTS) Item #16F3 RESOLUTION 2019-129: A RESOLUTION FIXING SEPTEMBER 5, 2019, 5:05 P.M., IN THE THIRD FLOOR BOARD ROOM, 3299 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, AS THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND July 9, 2019 Page 175 MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, MANAGEMENT OF THE DREDGING AND MAINTENANCE ACTIVITIES FOR CLAM PASS FOR THE PURPOSE OF ENHANCING THE HEALTH OF THE AFFECTED MANGROVE FOREST AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (DISTRICT 2) Item #16F4 THE USE OF AN INDIVIDUAL ROAD IMPACT FEE RATE, CALCULATED FOR THE CELEBRATION PARK NAPLES, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 74- 202(K) OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND APPROVE A 3-YEAR PAYMENT PLAN AND PAYMENT AGREEMENT RELATED TO THE IMPACT FEES FOR THE SUBJECT PROPERTY (ALL DISTRICTS) Item #16F5 TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO SUPPORT THE UPCOMING PUBLIX LABOR DAY SOCCER TOURNAMENT AUGUST 31-SEPTEMBER 2, 2019 UP TO $12,100 AND THE NAPLES KICKOFF SOCCER TOURNAMENT July 9, 2019 Page 176 SEPTEMBER 21-22, 2019 UP TO $6,100 FOR A GRAND TOTAL OF $18,200 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM (ALL DISTRICTS) Item #16F6 RESOLUTION 2019-130: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET (ALL DISTRICTS) Item #16F7 THIS ITEM WAS CONTINUED FROM THE JUNE 25, 2019 BCC MEETING. TERMINATING THE FY19 AGREEMENT WITH ECONOMIC INCUBATORS, INC., TO OPERATE THE COLLIER COUNTY ACCELERATOR PROJECT, AND ACCEPT AN AGREEMENT FOR THE LIMITED TRANSFER OF ASSETS AND LIABILITIES ASSOCIATED WITH THE PROJECT (ALL DISTRICTS) Item #16G1 ASSUMPTION AGREEMENT BETWEEN TELLUS FLORIDA, LLC, GALEXA, INC., AND THE COLLIER COUNTY BOARD OF COMMISSIONERS IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY FOR LEASED SPACE AT THE IMMOKALEE REGIONAL AIRPORT (DISTRICT 5) – FOR A ONE ACRE PARCEL FOR THE CONSTRUCTION, MANUFACTURING AND STORAGE OF PREFABRICATED CONCRETE BUILDING MATERIALS July 9, 2019 Page 177 Item #16G2 THE THIRD AMENDMENT TO AGREEMENT NO. 16-6561, “DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL,” WITH ATKINS NORTH AMERICA, INC., TO EXTEND THE SCHEDULE ONE HUNDRED EIGHTY (180) DAYS TO COINCIDE WITH CONSTRUCTION AND INCREASE THE FEE ASSOCIATED WITH THE EXTENDED SCHEDULE BY $211,976 FOR ENGINEERING SERVICES DURING CONSTRUCTION (DISTRICT 1) – EXTENDING THE AGREEMENT TO FEBRUARY 5, 2020, AND INCREASE THE AGREEMENT AMOUNT TO $1,131,649.50 Item #16G3 AWARD INVITATION TO NEGOTIATE NO. 18-7334, “MARCO ISLAND AIRPORT LAND LEASE AND HANGAR DEVELOPMENT,” AND AUTHORIZE ITS CHAIRMAN TO EXECUTE THE ATTACHED COLLIER COUNTY AIRPORT AUTHORITY LEASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION WITH MARCO HANGARS, LLC FOR THE CONSTRUCTION OF HANGARS AT THE MARCO ISLAND EXECUTIVE AIRPORT (DISTRICT 1) – TO BUILD 8 BOX HANGERS (70’ x 56’) AND 3 BULK HANGERS (110’ x 80’) Item #16G4 AWARD SOLICITATION NO. 19-7623, “AIRPORT OFFICE FOR LEASE – IMMOKALEE REGIONAL AIRPORT,” AND AUTHORIZE ITS CHAIRMAN TO EXECUTE THE ATTACHED July 9, 2019 Page 178 COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE AGREEMENT WITH GLOBAL FLIGHT TRAINING SOLUTIONS FOR VACANT COUNTER/OFFICE SPACE AT THE IMMOKALEE REGIONAL AIRPORT (DISTRICT 5) – WITH A 60 MONTH TERM AGREEMENT Item #16I1 MISCELLANEOUS CORRESPONDENCE (All Districts) – ITEMS TO FILE FOR THE RECORD July 9, 2019 Page 179 Item #16J1 A BUDGET AMENDMENT RECOGNIZING ELECTIONS SECURITY GRANT FUNDS UNDER THE HELP AMERICA VOTE ACT IN THE AMOUNT OF $69,236 (ALL DISTRICTS) Item #16J2 – Added (Per Agenda Change Sheet) TO RECORD 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 THE PERIODS BETWEEN JUNE 13, 2019 AND JUNE 26, 2019 PURSUANT TO FLORIDA STATUTE 136 (CLERK’S OFFICE REQUEST) Item #16J3 – Added (Per Agenda Change Sheet) REQUEST THAT THE BOARD APPROVED AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JULY 3, 2019 (CLERK’S OFFICE REQUEST) Item #16K1 AN EXTENSION AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID (ALL DISTRICTS) Item #16K2 July 9, 2019 Page 180 RESOLUTION 2019-131: APPOINT A MEMBER TO THE WATER AND WASTEWATER AUTHORITY (ALL DISTRICTS) – APPOINTING RUCHI ARORA WITH TERM EXPIRING ON MAY 21, 2023 Item #16K3 RESOLUTION 2019-132: APPOINT A MEMBER TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE (DISTRICT 5) – APPOINTING ANGELA BIRKS WITH TERM EXPIRING ON OCTOBER 13, 2022 Item #16K4 RESOLUTION 2019-133: APPOINT A MEMBER TO THE EMERGENCY MEDICAL AUTHORITY (ALL DISTRICTS) – APPOINTING DONNA CUOMO WITH TERM EXPIRING ON DECEMBER 31, 2022 Item #16K5 – Moved to Item #12A (Per Agenda Change Sheet) Item #16K6 – Moved to Item #12B (During Agenda Changes) Item #16K7 RESOLUTION 2019-134: REAPPOINT A MEMBER TO THE CONTRACTORS LICENSING BOARD (ALL DISTRICTS) – REAPPOINTING MICHAEL BOYD WITH TERM EXPIRING ON OCTOBER 20, 2022 JUNE 30, 2022 (Per Agenda Change Sheet) Item #17A July 9, 2019 Page 181 RESOLUTION 2019-135: PETITION VAC-PL20190000627, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (PARCEL 846) LOCATED APPROXIMATELY 3800-FEET SOUTH OF IMMOKALEE ROAD (C.R. 846) ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951) AS RECORDED IN OFFICIAL RECORD BOOK 3920, PAGE 445 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO AGENDA ITEM 16.A.1) BOTH ITEMS MUST BE APPROVED OR DENIED ON TODAY’S AGENDA (DISTRICT 3) Item #17B ORDINANCE 2019-18: AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2011-24, REGARDING THE FLORIDA FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES (ALL DISTRICTS) Item #17C THIS ITEM WAS CONTINUED FROM THE JUNE 25, 2019 BCC MEETING. RESOLUTION 2019-136: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONCRETE BATCH-MAKING PLANT IN THE AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE OVERLAY- RECEIVING LANDS July 9, 2019 Page 182 PURSUANT TO SECTION 2.03.08 A.2.A.(3)(C)(VIII) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR 5.16± ACRES OF A 7.3± ACRE PARCEL LOCATED APPROXIMATELY ONE HALF MILE NORTH OF TAMIAMI TRAIL EAST, AT THE END OF AUTO VILLAGE ROAD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA [PL20170002361] (DISTRICT 1) Item #17D RESOLUTION 2019-137: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET (ALL DISTRICTS) ***** July 9, 2019 Page 183 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ______________________________________ WILLIAM L. McDANIEL, JR., 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.