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Agenda 10/08/2019 Item # 2B (9-10-2019 BCC Meeting Minutes)10/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: September 10, 2019 BCC Meeting Minutes Meeting Date: 10/08/2019 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 09/26/2019 12:27 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 09/26/2019 12:27 PM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 09/26/2019 12:27 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM 2.B Packet Pg. 13 September 10, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 10, 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. Vice-Chair: 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 September 10, 2019 Page 2 MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, if you'd please come to order. CHAIRMAN McDANIEL: Endeavor to come to order. I know we've been off for 60 days, so... Good morning, everybody. Happy to have you here today. We're going to start off with the invocation. And I have a -- I'm going to try to pronounce it properly. Pastor Eric has asked me to pronounce it Hausler. And he is a local pastor and sheriff's chaplain for us at the county jail. So if you'd all rise, please, and join us in a blessing this morning. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION GIVEN PASTOR HAUSLER: At the county jail we deal with a lot of people who have walked foolishly, and so they're in trouble. But we all need wisdom. The Old Testament Book of Proverbs says fools despise wisdom and instruction. And the way of a fool is right in his eyes, but a wise man listens to advice. Whoever walks with the wise becomes wise, but a companion of fools suffers harm. So my prayer for our commission today is that you would all gain wisdom. We all need wisdom, particularly those in places of authority. Let us pray. Our father in heaven, we bow our heads before you because you're the one who made us and all things, and you give us life and breath by your kindness and mercy. You have placed us to live in this beautiful county, this beautiful part of the world where we enjoy September 10, 2019 Page 3 such peace and prosperity and safety and freedom. So many abundant earthly blessings. We thank you for those whom you have raised up to serve in this community in positions of authority. And you've told us to pray for them. We pray today that you would give our county commissioners great wisdom; that they would listen to advice, and that they would be encouraged in their work; that they would not be discouraged in the tasks before them; that they would make wise decisions that would affect all of us. So we pray for your blessing upon them, and we also remember all those who are placing their lives on the line today in our county, that we might live safely with our families and pursue our work and obligations. We are so blessed to live in a county of great safety and great dedication by our public servants. So watch over all the first responders, officials, and police and Sheriff's officers today. We ask for your blessing on all who are here, and we thank you again for all of your mercies. We pray in your holy name. Amen. CHAIRMAN McDANIEL: Commissioner Solis, you want to do the honors today? COMMISSIONER SOLIS: Oh, I'd be honored to. Thank you. (The Pledge of Allegiance was recited in unison.) COMMISSIONER FIALA: Your hair looks pretty. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: Yeah. CHAIRMAN McDANIEL: I was actually having a bad -- I'm having a bad hair life. COMMISSIONER TAYLOR: He was confused. He thought you were talking to him. CHAIRMAN McDANIEL: But as I said, I'm having a bad hair life. So if -- and Commissioner Taylor just reminded me, you know, September 10, 2019 Page 4 we're coming on some pretty special times, and if we don't -- if you would, please, indulge. Tomorrow is the anniversary of 9/11 as well, as our friends and neighbors in the Bahamas really took a hard time last week. So if you would, please, bow your head again for a moment of silence and remembrance of those occasions. (A moment of silence was observed.) CHAIRMAN McDANIEL: Amen, thank you. Appreciate that. And I appreciate you sharing -- reminding me for that. There's a lot going on here, so... COMMISSIONER TAYLOR: I'm sure there is. CHAIRMAN McDANIEL: I get help all over the place. Good morning. So let's move on. Item #2B APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) – APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Commissioners. Welcome back. These are the proposed agenda changes for the Board of County Commissioners' meeting of September 10th, 2019. The first proposed change is to move Item 16H1 from your consent agenda. That would move to Item 10B on your regular agenda under Board of County Commissioners. It's a proclamation regarding the Taiwanese government. That's moved at Commissioner Saunders' request. The next proposed change is to move Item 16A1 from your September 10, 2019 Page 5 consent agenda to become Item 11C on your regular agenda. This is a proposed Land Development Code amendment relating to self-storage buildings along the U.S. 41 East corridor. That item is moved at Commissioner Fiala's request. And the final change that's proposed this morning, Mr. Chairman, is to move Item 16D15 from the consent agenda to become Item 11D on your regular agenda, and this is a proposed resolution confirming and enacting previously Board-approved advertising policies for your public transit system. This was moved at Commissioner Fiala's request. Those are all the changes I have this morning, Mr. Chairman. CHAIRMAN McDANIEL: Outstanding. All right. Let's go into our ex parte and approval of the agenda and such adjustments. So, Commissioner Solis. COMMISSIONER SOLIS: No comments, no changes, and no disclosures on any of the consent-agenda items. CHAIRMAN McDANIEL: Outstanding. COMMISSIONER FIALA: Ditto. COMMISSIONER TAYLOR: No disclosures; no changes. Thank you. COMMISSIONER SAUNDERS: And same here, no disclosures and no changes. CHAIRMAN McDANIEL: And I, myself; how about that? Whiz right through it. And I'll take a motion for the acceptance of the agenda as proposed today. COMMISSIONER FIALA: I'll make that motion. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the agenda as proposed today. Any other discussion? (No response.) September 10, 2019 Page 6 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. Added ARTIST OF THE MONTH – MARVIN ROUSE CHAIRMAN McDANIEL: So with that -- before we go next, I'm going to amend the agenda and come off just to -- because I'm regularly forgetting the Artist of the Month. And while everyone is here, I would like to recognize the Artist of the Month. Our featured Artist of the Month is Collier County resident Marvin Rouse, pronounced "Rouz." Rhymes with cows. Whoever wrote this. Who wrote this? Did Sue write this? COMMISSIONER TAYLOR: It was for you. CHAIRMAN McDANIEL: Yes, it was. Okay. Marvin was born and raised in Indianapolis -- forgive me -- Indiana and fulfilled his dream to live where there were beaches and palm trees by relocating to Collier County in 1998. He began his career in art at the age of five, which has allowed him a lifetime of pursuing his passion. Marvin views his art as creative communication with his soul to others, and his work is a direct reflection of his own life experiences. Marvin believes that art is not just seen. It's felt in one's heart and in one's soul. September 10, 2019 Page 7 So with that, when you have a moment, please have a look at his presentations there in the back on the back wall. Now we will move forward, sir. MR. OCHS: Yes, thank you. September 10, 2019 Page 8 Item #2B, #2C, #2D and #2E JUNE 20, 2019 BCC BUDGET WORKSHOP MINUTES, JUNE 25, 2019 BCC REGULAR MEETING MINUTES, JULY 9, 2019 BCC REGULAR MEETING MINUTES, AND THE AUGUST 31, 2019 EMERGENCY MEETING MINUTES FOR HURRICANE DORIAN – ALL APPROVED AS PRESENTED MR. OCHS: Commissioners, Item 2B is approval of the Board workshop minutes from the June 20th, 2019, BCC budget workshop. CHAIRMAN McDANIEL: Do we have to vote on all these individually, or can we take them en masse, if there's no objection? MR. OCHS: Your pleasure, sir. COMMISSIONER FIALA: Take them all. So I vote to approve Item 12B (sic), 12C, 12D. MR. OCHS: Two. COMMISSIONER FIALA: I'm sorry. 2, 2, 2, and 2E, and these are the minutes from the BCC workshop and also from the emergency meeting. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve these agenda items and previous minutes from our prior meetings. 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. September 10, 2019 Page 9 (No response.) CHAIRMAN McDANIEL: So moved. MR. OCHS: Commissioners, that takes us to our service awards this morning. If you'd be kind enough to join us in front of the dais. CHAIRMAN McDANIEL: This is our favorite part. I don't know I might need a wheelbarrow to haul all these awards down to the front. Do we stay down there for the Employee of the Month, too? MR. OCHS: No. Item #3A1 AWARDS AND RECOGNITIONS – EMPLOYEE – 20 YEAR ATTENDEES – PRESENTED MR. OCHS: Commissioners, we're thrilled this morning to be able to acknowledge the efforts of several of our teammates who have given literally decades of service to county government. We'll begin this morning recognizing our teammates with 20 years of service to county government, beginning with our parks and recreation representative, 20 years of service, Jimmy Alaniz. Analize, sorry. Jimmy? (Applause.) MR. OCHS: Celebrating 20 years of service with our library division, Kara Godwin. Kara? (Applause.) MR. OCHS: Congratulations. Celebrating 20 years of service with our road maintenance division, David Hill. (Applause.) MR. OCHS: Congratulations. September 10, 2019 Page 10 Celebrating 20 years with our Parks and Recreation division, Jose Horta. (Applause.) MR. HORTA: Thank you. Thank you, guys. MR. OCHS: Celebrating 20 years with our library division, Susan Petr. Susan? (Applause.) MS. PETR: Thank you. MR. OCHS: Congratulations. And celebrating 20 years with our operations support division, Yuejin Xue. (Applause.) MR. OCHS: Oh, don't see her. Oh, there she is. COMMISSIONER TAYLOR: I think it's the way you pronounced her name. MR. OCHS: Juejin Xue. Sorry. Congratulations. (Applause.) Item #3A2 AWARDS AND RECOGNITIONS – EMPLOYEE – 25 YEAR ATTENDEES – PRESENTED MR. OCHS: We move on to recognizing our team members with 25 years of service in county government. Beginning with our utilities finance operations recipient, Pam Callis. (Applause.) MR. OCHS: Celebrating 25 years with our information technology division, John Daly. (Applause.) MR. OCHS: That a boy, John. September 10, 2019 Page 11 (Applause.) MR. OCHS: Celebrating 25 years with our library system, Denise McMahon. (Applause.) MR. OCHS: Congratulations, Denise. COMMISSIONER FIALA: She said she started when she was three. MR. OCHS: Thanks, Denise. And celebrating 25 years with our water division, Willie Pugh. Willie? (Applause.) Item #3A3 AWARDS AND RECOGNITIONS – EMPLOYEE – 30 YEAR ATTENDEES – PRESENTED MR. OCHS: And, finally, this morning, Commissioners, we're honored to recognize one of our colleagues with 30 years of dedicated service to county government, from your water division, Russell Greer. (Applause.) Item #3D1 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: Commission members, that moves us to Item 3D on this morning's agenda. This is the Employee of the Month presentation. The presentation for the June 2019 Employee of the Month goes to Brianna Richards (sic), our veterinarian technician September 10, 2019 Page 12 from the Public Services Department. Brianna, if you'd please step forward and receive your award. (Applause.) COMMISSIONER FIALA: Congratulations. MR. OCHS: Brianna, stand right there for a minute while I tell the audience a little bit more about you. And so here we go. Brianna joined our Domestic Animal Services as a veterinary technician in February of 2018. The shelter veterinarian was on extended leave, and the second vet tech position was vacant, so Brianna had to hit the ground running, and she surely did. She quickly learned her way around the clinic and immediately took over scheduling the spay and neuter surgeries for DAS. She reorganized the clinic and the surgical suite to improve and increase efficiency. During her first six months when the shelter vet was out, she triaged the injured and sick animals that arrived daily to determine if they needed to be sent out to an emergency vet. Brianna has an amazing work ethic and never hesitates to jump in and lend her assistance with any situation that arises. Brianna provides exceptional customer service both to the public and to our internal customers, and she's unwavering in her dedication to DAS, and her compassion and concern for all the lost and stray animals that arrive daily at DAS make her truly deserving of the Employee of the Month. And, Commissioners, it's my honor to present Brianna Richards, your 2019 Employee of the Month for June. (Applause.) MR. OCHS: Well, done. Mr. Chairman, that moves us on to today's proclamations. Item #4 September 10, 2019 Page 13 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION RECOGNIZING ASI MATERIALS, LLC AS RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD, FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY TONY MIGLIAZZO, OWNER OF ASI MATERIALS, LLC – ADOPTED MR. OCHS: The first proclamation is Item 4A. It's a proclamation recognizing ASI Materials, LLC, as recipient of the Waste Reduction Awards Program, the WRAP Award, for contributing to the greater good of Collier County by advocating the "reduce, reuse, recycling" message thereby helping to prolong the useful life of the Collier County Landfill. To be accepted this morning by Tony Migliazzo, owner of ASI Materials, LLC. If you'd please step forward, sir. (Applause.) CHAIRMAN McDANIEL: How'd he get past security? MR. MIGLIAZZO: I didn't. I had a pocketknife I had to leave that. As long as I'm blocking Bill, that's good. (Applause.) MR. MIGLIAZZO: Appreciate it. CHAIRMAN McDANIEL: Do you want to say a few words? September 10, 2019 Page 14 COMMISSIONER FIALA: At the microphone. CHAIRMAN McDANIEL: Yes? No? Maybe? MR. MIGLIAZZO: No, that's okay. I'm going to set up a meeting with you guys. CHAIRMAN McDANIEL: I would like you to have that. MR. MIGLIAZZO: Thank you for your time. CHAIRMAN McDANIEL: Appreciate you doing what you do. MR. MIGLIAZZO: It's well earned, I can tell you. Item #4B PROCLAMATION DESIGNATING SEPTEMBER 2019 AS NATIONAL RECOVERY MONTH IN COLLIER COUNTY, TO INCREASE AWARENESS AND UNDERSTANDING OF MENTAL AND SUBSTANCE USE DISORDERS AND TO CELEBRATE THE PEOPLE WHO RECOVER. ACCEPTED BY SCOTT BURGESS, PRESIDENT & CEO, AND NANCY DAUPHINAIS, CHIEF OPERATING OFFICER, DAVID LAWRENCE CENTER – ADOPTED MR. OCHS: Item 4B is a proclamation designating September 2019 as National Recovery Month in Collier County to increase awareness and understanding of mental health -- excuse me -- mental and substance use disorders and to celebrate the people who recover. To be accepted by William O'Neil, board chair; Nancy Dauphinais, chief operating officer from the David Lawrence Center; along with staff members and clients of the David Lawrence Center drug count program. (Applause.) September 10, 2019 Page 15 Item #4C PROCLAMATION DESIGNATING SEPTEMBER 2019 AS SUICIDE PREVENTION AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY SHAINA ANDERSON, BOARD TREASURER OF THE FLORIDA SOUTHWEST CHAPTER OF THE AMERICAN FOUNDATION FOR SUICIDE PREVENTION, AND MEMBERS OF THE COLLIER COUNTY MENTAL ILLNESS AND ADDICTION ADVISORY COMMITTEE – ADOPTED MR. OCHS: Item 4C is a proclamation designating September 2019 as Suicide Prevention Awareness Month in Collier County. To be accepted by Shaina Anderson, board treasurer of the Florida Southwest Chapter of the American Foundation for Suicide Prevention, and members of the Collier County Mental Illness and Addiction Advisory Committee. If you'd please step forward. (Applause.) MS. ANDERSON: They go hand in hand. I don't know what to tell you. CHAIRMAN McDANIEL: Do you want to say a few words? MS. ANDERSON: Good morning. My name is Shaina Anderson, and I'm here as one of the executive board members with the Southwest Florida Division of the American Foundation for Suicide Prevention and also as a licensed mental-health counselor and facilitator for one of Collier County's survivors of the suicide support group offered at Project Help. On behalf of the AFSP, I'd like to thank the Collier County Board of County Commissioners and the Mental Health and September 10, 2019 Page 16 Addictions Ad Hoc Committee for recognizing September as Suicide Prevention Month and their efforts towards ensuring their quality mental-health services available to everyone in the community. According to the District 20 Medical Examiner's Office, approximately 55 individuals died by suicide in 2018 in Collier County. As a community, it's important we educate ourselves about the warning signs of those who may be didn't contemplating suicide and intervene when possible, recommending the resources available to assist those individuals. We urge community members to come out and participate in Collier County's annual Out of the Darkness Walk with the American Foundation for Suicide Prevention to support those affected by suicide. The walk is being held at the North Collier Regional Park on December 8th, 2019, starting at 8 a.m. If you'd like more information, please visit the American Foundation for Suicide Prevention website at www.AFSP.org. For individuals who may need help, they can reach out to the National Suicide Prevention Lifeline at 1-800-273-TALK or text "hello" to the crisis text line at 741741. Thank you again, Commissioners, for taking the time to recognize this proclamation today. (Applause.) Item #4D PROCLAMATION DESIGNATING SEPTEMBER 12 AS HUNGER ACTION DAY IN COLLIER COUNTY. ACCEPTED BY RICHARD LEBER, PRESIDENT AND CEO, HARRY CHAPIN FOOD BANK – ADOPTED MR. OCHS: Item 4D is a proclamation designating September 10, 2019 Page 17 September 12th as Hunger Action Day in Collier County. To be accepted by Richard LeBer, president and CEO of the Harry Chapin Food Bank. COMMISSIONER FIALA: Thank you. MR. LeBER: Good morning, Commissioners. Thank you again for this. We really appreciate it. It's probably easy to forget, given how beautiful and how prosperous Collier County is and with the terrible news, of course, coming out of the Bahamas recently, that hunger is an issue that exists closer to home as well. We have lots of hungry people in Collier County. We see working families and seniors on fixed incomes, particularly. Other vulnerable populations, of course, exist within that: Children and veterans. Our statics suggest that about one in 10 people in Collier County will experience an episode of hunger this year and about one and five children. Over 12,000 children in Collier County will experience hunger at some point this year. The stories are very typical. We have a family, the Garcias. Their son, London, came to our attention at one of our food distributions. London's mom is a school teacher. London's dad works in constructions. London's mom was expecting a little baby sister and, unfortunately, when the sister was born, she was born with some fairly significant health issues, and Mom had to take time off work and be home with the baby for an extended period of time. And given that their budget was tight, that really meant that there wasn't enough income coming into the family for an extended period, and they needed assistance, and that's why they came to our pantry. We see lots of those kinds of circumstances all the time, which is why we run mobile pantries and we build emergency kits and we distribute senior kits and we distribute food to 35 independent September 10, 2019 Page 18 organizations free of charge throughout Collier County, and we've been doing that for 25 years. In the last year we distributed over five million pounds of food in Collier County. That's, for those of you who have a hard time imagining that, about 125 semitrailer loads of food over the course of the year in Collier County alone. So Hunger Action Day is September the 12th. We encourage people to get involved, to participate, to donate, to support local organizations like one of the 35 organizations we support, to wear orange if they're feeling particularly festive, that being the hunger action color, and we really appreciate your support and this proclamation today. Thank you so much. (Applause.) Item #4E PROCLAMATION DESIGNATING SEPTEMBER 9 - SEPTEMBER 15, 2019 AS NATIONAL PATRIOTISM WEEK IN COLLIER COUNTY. ACCEPTED BY JUDITH ROMERO, VICE- PRESIDENT, NAPLES ELKS LODGE #2010, AND RAYMOND AND ANNA MARIE HONAN, MEMBERS OF NAPLES ELKS LODGE #2010 – ADOPTED MR. OCHS: Item 4E is a proclamation designating September 9th through the 15th, 2019, as National Patriotism Week in Collier County. To be accepted by Judith Romero and Raymond and Anna Marie Honan, members of the Naples Elks Lodge No. 2010. If you'd please step forward. (Applause.) CHAIRMAN McDANIEL: Outstanding. September 10, 2019 Page 19 MS. HONAN: I'd like to thank Donna's office for helping us find out how to go about this process and thank everyone for this proclamation. We're part of the -- I'm chairman of the Americanism part of the Elks, and what we do is we try to have children and older people get to know about our country. And this week, as part of the celebration, we will be giving certificates out to two brand-new citizens; one on Wednesday and one on Friday. And the rest of the next month we will be having the schools write compositions on freedom of speech. Thank you very much for this proclamation. (Applause.) COMMISSIONER FIALA: And they have the best hot-dog Saturday you could ever imagine every single Saturday starting at 11:30. MS. HONAN: Free advertising. Item #4F PROCLAMATION DESIGNATING SEPTEMBER 2019 AS PAYROLL AWARENESS MONTH IN COLLIER COUNTY IN COORDINATION WITH THE ANNUAL NATIONAL CAMPAIGN TO RECOGNIZE PROFESSIONALS IN THE PAYROLL INDUSTRY AND TO ENCOURAGE EMPLOYEES TO LEARN MORE ABOUT PAYROLL WITHHOLDINGS, PAYROLL-RELATED BENEFITS AND HOW THEIR PAYCHECKS ARE CALCULATED. ACCEPTED BY MEMBERS OF THE CLERK'S PAYROLL PROCESSING TEAM: LESLIE MILLER, LORI BROWN, LINDA ZASTROW & ERIN ROXBERRY – ADOPTED September 10, 2019 Page 20 MR. OCHS: Item 4F is a proclamation designating September 2019 as Payroll Awareness Month in Collier County in coordination with the annual national campaign to recognize professionals in the payroll industry and to encourage employees to learn more about payroll withholdings, payroll related benefits, and how their paychecks are calculated. To be accepted by members of the Clerk's payroll processing team: Leslie Miller, Lori Brown, Linda Zastrow, and Erin Roxberry. If you'd please step forward. Good morning. Thanks for getting everybody's checks out on time. COMMISSIONER FIALA: Thank you for your service. CHAIRMAN McDANIEL: Who wants to hold the proclamation? Very good. MR. OCHS: Congratulations. Item #4G PROCLAMATION DESIGNATING SEPTEMBER 2019 AS JOIN SCOUTING MONTH IN COLLIER COUNTY. ACCEPTED BY PHIL LEBOEUF AND JAMES GILES – ADOPTED MR. OCHS: Item 4G is a proclamation designating September 2019 as Join Scouting Month in Collier County. To be accepted by Phil Leboeuf and James Giles. COMMISSIONER FIALA: Did your dad used to be the Clerk of Courts at one point in time? MR. GILES: He was not the Clerk of Courts, but we mowed a lot of lawns in Auburndale, Florida. One more special presentation for Shane. COMMISSIONER SOLIS: What's the award? September 10, 2019 Page 21 MR. GILES: I'll talk about that. Patience. Patience. COMMISSIONER FIALA: Is that something you teach? MR. GILES: It's the 13th point of the Scout Law, Commissioner Solis. CHAIRMAN McDANIEL: I missed that point. MR. GILES: Although, Commissioner Fiala, I'm not sure the hot dogs being served on a Saturday campout are the kind that they're doing at the Elks Lodge, but the boys and girls come back, and they survive the weekend, and that's always a victory. Thank you for having us today. We had a special presentation for Shane here. He earned the Charles H. Townes Supernova Award which required six months of study and a report on Dr. Townes who is a Nobel prize winner in physics. And it's part of our STEM program that started in 2010 with a grant with National Boy Scouts of America to bring together all the STEM-type activities that our merit badge program and Cub Scouting program do already, bring it together so that they can earn an award that recognizes their achievement in STEM study. So with Boy Scouts of America, we -- last year we grew Cub Scouts, which is our elementary-age program, 10 percent. Commissioner Fiala, you and I met in your office several years ago when I said we're working hard to serve East Naples, and we're making really good progress in East Naples with the communities there and getting them familiar with what scouting is and how it can benefit their children and family. We had a 4 percent overall growth in scouting last year. Twenty-eight Eagle Scouts, including two Immokalee Eagle Scouts, in a joint ceremony. And thank you, Commissioner McDaniel, for attending that. They appreciated it. Their families did. And to see those communities come together for young men and honoring them was really special and showed the dedication of our September 10, 2019 Page 22 volunteers. Speaking of our volunteers, I'm happy to report that our community fundraising giving increased by 50 percent last year, and we attribute that to several things. One of the key factors is this concept of family scouting. The whole family has been involved in scouting for 20, 30 years. It's been something that's quietly happened, and National Boy Scouts of America formalized that with allowing girls to join Cub Scouts in October of 2018 and now the Scout BSA program in February of 2019. And I'm proud to report we have the first troop of girls right here in Collier County in the entire Southwest Florida region chartered by the VFW Post 7721 and led by Scoutmaster Maggie Lincoln, which I think is interesting. She has no daughters. She has that sons and wanted to make sure that all girls in Collier County who wish to be part of Boy Scouts of America programs could do that. So right now join Scout Month. Thank you for that. Any of your grandchildren or great grandchildren or children can join. You can go to beascout.org, beascout.org, find a group that's right in your neighborhood, no matter what level of program, and sign them up or request information. Commissioners, thank you for your support for the scouting program in Collier County, and thank you to the Leboeuf family, and congratulations to Shane. COMMISSIONER SOLIS: Congratulations. (Applause.) MR. OCHS: Mr. Chairman, could we get a motion to approve today's proclamations, please. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SAUNDERS: So moved. COMMISSIONER FIALA: Second. September 10, 2019 Page 23 CHAIRMAN McDANIEL: It's been moved and seconded that we accept the proclamations as presented. 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 SEPTEMBER 2019 TO SCORE NAPLES. TO BE ACCEPTED BY CHERYL MCDONNELL, PRESIDENT OF THE NAPLES CHAPTER OF SCORE. ALSO ATTENDING IS BETHANY SAWYER REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: That moves us to Item 5A, which is a presentation of the Collier County Business of the Month for September 2019, which is SCORE Naples. To be accepted by Cheryl McDonnell, president of the Naples chapter of SCORE, and also Bethany Sawyer representing the Greater Naples Chamber of Commerce. CHAIRMAN McDANIEL: Somebody gets to hold the plaque besides me. MS. McDONNELL: Good morning. First of all, on behalf of the 70 counselors that make up our SCORE chapter here in Naples -- September 10, 2019 Page 24 hard to believe but it's true -- we have one of the best chapters in the country, and we're nationally recognized for that. Just a little elevator speech about what SCORE does is basically we're a national organization. We have over 10,000 volunteers and 300 chapters nationwide, and what we do is we mentor people that are thinking about getting into business or people that are in small business and need help all the way through the life of their business. I'm happy to say that on a monthly basis, we receive requests for -- 45 to 50 requests for counseling by 45 to 50 individuals every single month. Price Waterhouse credits us for helping start 200 businesses in Collier County every year. And so I want to thank you all for this wonderful honor, and hopefully we'll be back again. Thank you. (Applause.) Item #6A PUBLIC PETITION REQUEST FROM MR. BILL WINGATE REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS DISCUSS ACTIONS OF COPE LANE WATER MANAGEMENT - MOTION TO BRING THIS ITEM BACK AND ADVERTISE FOR A PUBLIC HEARING – CONSENSUS MR. OCHS: Item 6A is a public petition request from Mr. Bill Wingate requesting that the Board of County Commissioners discuss actions on Cope Lane water management. Mr. Wingate. MR. MILLER: Mr. Chairman, I have received four speaker slips on this item now. According to the agenda, we don't take speakers on this item. So would you like me to transition them into September 10, 2019 Page 25 public comment or -- I got a chance to alert one of the speakers before the meeting. I've received the rest of the slips since the meeting started. CHAIRMAN McDANIEL: We don't traditionally hear public speakers on items such as this. If it comes back as an agenda item, then we certainly would. MR. OCHS: Yes, sir. CHAIRMAN McDANIEL: But as a general rule, this is Mr. Wingate's opportunity to share his issues, and then in the event that the Board chooses to physically advertise and hear the item, then we will accept public speakers. MR. MILLER: Okay. Fine, sir. MR. WINGATE: Thank you, Commissioner. My name is Bill Wingate. I am representing the residents -- 10 residents of Cope Lane. One of the residents is a builder who is not residing -- I'm not sure what they're doing with the property. But I'm representing the 10 residents that currently reside on Cope Lane in Naples, Florida. Four years ago, a weir was placed on the southwest side of our property on County Barn Road at an elevation of eight feet. At the end of our ditch is an 18-inch drain. Basically, our drain on our west side of our road is at 18 inches, which backflows our ditch and does not drain our ditch. Needless to say, our swales on our street have been adversely affected by the weirs on County Barn Road. They were placed just south of our road. On top of that, on the east side of our road, we have a weir that's 50 yards to the south of Cope Lane which is closed. From 700 feet west -- east on Cope Lane, it's supposed to drain east, and it says so on the permit was that -- the ERP permit that was a whole part of the LASIP program for our section of the community. I'm sorry. I've got a cold. I'm trying to shake it. This east end weir is diverting water to the north, to the north September 10, 2019 Page 26 side of our ditch, from east of Santa Barbara, the new developments that are going on over there. Seychelles and everything north of that comes into a ditch culvert, shoots directly across Santa Barbara Boulevard to the south side of our ditch, which there's a pipe that goes right into the south side of Santa Barbara Canal. Cope Lane runs east and west. County Barn Road, Santa Barbara runs south. Water goes south. They're diverting water from the south side of our ditch to the north side, and then shooting it east down our ditch when it rains in massive quantities like you have never seen before. I've got videos for the past four years and pictures of it, and I've even shown the directors on site when water has been flowing in after rains. Basically, what we're getting is massive water from the east, massive water from all of our five-acre tracts. We're in the Estates. We all have five-acre tracts. A couple of us have two-and-a-quarter-acre tracts. But we have massive water that falls on us just from God himself. We don't need outside influences of water coming from the east and the north because we take the overflow from Falling Waters, and it's supposed to go west, which it doesn't go west because we've got a lake down there owned by Collier County that has an elevation set so high. This morning I took pictures, and it's 12 inches deep where our northside lake drains into the county lake. They've got the elevation on that so high because the weir on County Barn Road is set at eight feet, and it's backing up. And also we take on the fallout water from Unity Church, which is about a 25-acre tract of land that falls into a five-acre body of water, a lake, which goes into our north ditch that supposed to flow west in perpetuity, which does not now. It's backing up on the north side of our ditch. All of this that we've been complaining about for September 10, 2019 Page 27 the past four years. Last year we had some people in the -- at the county and water management that was giving us some relief. When we took on lots of water, they would lower the weirs for us for a few days, and then they would jack them back up, and here the water would come after it rains, and we'd be flooded out again. I've got pictures of my front yard and all of our front yards that have water in them since June. This is -- this is the northside ditch. It's supposed to drain the lake. It's not flowing. It's over a foot deep. This is the culvert on the northside ditch that's not flowing west because the lake -- it's right in front of Falling Waters. That's across the street. Not only compounded by all of the water that we're holding in our swales, it's destroying our roadbed on Cope Lane. Last weekend we had a sinkhole open up in front of Ms. McGuire's property. See how high the grass is? They can't go in there and maintain that, because their water's not flowing in perpetuity. The county's holding our water back from flowing west. This is the east end of our ditch. See, the water comes from across, comes north, comes in our east ditch and fills up the swales. And at the other end of this canal, on the other end of our street, west, we've got a weir that's clogged up, and it won't -- it won't drain west. So this water sits in our swales, and we basically develop habitats for animals from June till November. This is dye right here going north, or I'm sorry, going east. This is the ditch that goes into the county lake. It's 12 inches deep right there. This water's supposed to be flowing to the west. It's flowing east coming in from the lake, flowing up our north ditch. It's not flowing in perpetuity. We are supposed to have our water flow west onto Cope Lane. The first 700 feet at the end of it is supposed to flow east, and it says so in the ERP permit that South Florida Water Management has put on us. We've been arguing about this for quite September 10, 2019 Page 28 some time. This isn't just a new thing here. This is Mr. Davis' front yard. It's been like this since June. It's about six foot across. It's about a foot deep. I just saw the lily pads. This is the west end of Cope Lane. See how high this water is here? It hasn't rained in six days. We've had maybe two traces of rain in six days. This is 18 inches deep right here. Let me spin that around for you. That's 18 inches deep right there. That's the end -- that's what our ditch is supposed to drain in to. It can't drain in to that. Our first residence, 600 feet from this drain, their front ditch is destroyed now. Nice St. Augustine grass is just mud because his ditch won't drain unless this is all down all the way to the bottom. There's a massive canal right there that this drains in to, and they're clogging this up. Drainage rights -- oh, to compound all of this, the Santa Barbara Canal has weirs -- fixed weirs before it gets to Royal Wood. The south side of our problems is bordered by Cruz Road, which runs into the back of Fleet Management. A long time ago the county stopped that road, built Fleet Management there. So all of the water that runs on the south side of our property is on Cope Lane, all of our Estates properties stops at that ditch, and that ditch is backfilling into the back of our properties. Our five-acre tracts of land all across the south side of Cope Lane is taking on water because Collier County Government and South Florida Water Management is stopping up the water and our flow of perpetuity through the back of our properties. That's a violation of our private-property drainage rights. We have permitted private properties on Cope Lane. No government authority. No land attorney. Nobody can stop the flow of water going off of permitted private property. 1989 case, the Florida Supreme Court's determined that. All cases after that have been September 10, 2019 Page 29 directed to that case. Express, implied, or prescriptive easements are not the only means by which a property may achieve legal positive outfall. Legal positive outfall is a right arising out of land ownership that was considerably strengthened by this Florida case law. According to these cases, downstream properties must accommodate reasonable flows from upstream properties in perpetuity. The ERP program, which this is a part of, states the purpose of the ERP program is primarily to ensure that downstream properties are not flooded by activities conducted on upstream property and vice versa; that existing flooding problems are not exacerbated by new developments. That's what's going on. There's new developments on the east side of Santa Barbara Boulevard that's pumping water straight down our street. We're already a low street. We don't need extra water. Historic drainage patterns are mimicked, and the historic rate of discharge of surface water is allowed from a permitted property onto or through another property is maintained. They're violating every law that has anything to do with common law drainage rights in Florida, and they're violating their own guidelines in their own ERP programs by exacerbating our water. They're dumping massive amounts on us, and they're stopping it from flowing out. In the simplest form, civil law rule says that landowners are strictly liable for altering the natural drainage of surface water. CHAIRMAN McDANIEL: Mr. Wingate? MR. WINGATE: The rule, thus, is exactly opposite of the common enemy rule. Landowners have -- CHAIRMAN McDANIEL: Mr. Wingate? MR. WINGATE: -- have no right to alter drainage -- CHAIRMAN McDANIEL: Mr. Wingate? MR. WINGATE: Yes, sir. September 10, 2019 Page 30 CHAIRMAN McDANIEL: Your time is up. MR. WINGATE: Oh, I'm sorry. CHAIRMAN McDANIEL: If you are almost completed, I'll permit you to go forward, but your time limit is up, sir. MR. WINGATE: Okay. I'm sorry, sir. CHAIRMAN McDANIEL: No. There's no sorries. MR. WINGATE: I wish I had an hour; I really do. CHAIRMAN McDANIEL: Wrap it up. You do not. MR. WINGATE: Basically, we are all Estate owners on Cope Lane. CHAIRMAN McDANIEL: We heard all that. Are you done? Because I'm going to ask my colleagues for questions, and then we're going to go forward, sir. You've made your point, certainly. MR. WINGATE: Thank you, sir. CHAIRMAN McDANIEL: Do my colleagues have any questions for Mr. Wingate? (No response.) CHAIRMAN McDANIEL: If not -- do you or no? I mean, again, I'm not interested -- we are not going to address this issue today. This is your right to come forward and appeal for the Board to make a motion to bring forward a public advertised hearing at a later date. If one of my colleagues chooses to do that, then that's the path that we'll travel. But other than that -- Commissioner Saunders, you lit up. COMMISSIONER SAUNDERS: Yeah, we have a fairly lengthy report from our staff on this particular topic. I don't have any problem in bringing this back just to have a little bit broader discussion. I will tell you, your front yard looks just like mine. Your swale looks just like mine. It's -- I have -- I live off of -- in Logan Woods, and the swales are flooded all summer long just like yours. So I'm not really compelled by -- or I don't find that water in the September 10, 2019 Page 31 swales is a particular problem, because they're designed to hold water. But I would support bringing this back for a little further discussion. CHAIRMAN McDANIEL: Commissioner Fiala. COMMISSIONER FIALA: I'll second it. CHAIRMAN McDANIEL: It's been moved and seconded that we slate this for a future date to bring back and advertise as a public hearing. COMMISSIONER FIALA: I also want to add, because our people down in Growth Management are approving other developments to be built right in those wetlands or right on the outskirts of the wetlands, but they're going to build them up higher because there's wetlands there, and I'm thinking that we're really going to have a lot of problems. I think there's three or four developments going in there. CHAIRMAN McDANIEL: There are. COMMISSIONER FIALA: And, you know -- CHAIRMAN McDANIEL: We'll go through that entire process when staff gives their presentation. Mr. Wingate's -- COMMISSIONER FIALA: Okay. CHAIRMAN McDANIEL: -- asked for, he's received his time, and you will have a future date scheduled, sir. MR. WINGATE: May I make one more comment, sir? CHAIRMAN McDANIEL: No. COMMISSIONER SAUNDERS: Mr. Chairman, the report that I have, a lot of it's from the Big Cypress Basin. So perhaps somebody from the Basin can -- CHAIRMAN McDANIEL: Yep. We'll have it all -- we'll have them all here at the -- COMMISSIONER FIALA: Could you send me a copy? CHAIRMAN McDANIEL: It was given to us. September 10, 2019 Page 32 COMMISSIONER FIALA: Oh, it is? CHAIRMAN McDANIEL: We all had it, yes. COMMISSIONER SAUNDERS: It was distributed to all of us. You can have my copy. CHAIRMAN McDANIEL: Thank you, Mr. Wingate. It's important that folks understand that these items such as this are not advertised. They're not a public hearing. It's not a portion of discussion. The discourse is for you to come forward and petition and ask for a public hearing at which point you will be advertised. We will accept public speakers. Mr. Riffle and the like, to be able to come and support arguments one way and the other, just so you understand procedurally. I'm not being too awfully rude. I'm just -- MR. WINGATE: Not at all. CHAIRMAN McDANIEL: -- trying to move through the process. MR. WINGATE: Thank you. CHAIRMAN McDANIEL: Yes. Item #10A APPOINTMENT OF MEMBER TO REPRESENT COLLIER COUNTY ON THE LAKE OKEECHOBEE SYSTEM OPERATING MANUAL (LOSOM) PROJECT DELIVERY TEAM - MOTION TO APPOINT COMMISSIONER TAYLOR – APPROVED MR. OCHS: Commissioners -- CHAIRMAN McDANIEL: Move on. MR. OCHS: -- that moves us on to Item 10A. This is an appointment of a member to represent Collier County on the Lake Okeechobee System Operating Manual Project Delivery Team. COMMISSIONER SAUNDERS: I don't know if there's a September 10, 2019 Page 33 presentation or not on this, Mr. Chairman, but I understand that we're to make an appointment of one of our members to this. CHAIRMAN McDANIEL: Yes. COMMISSIONER SAUNDERS: And -- CHAIRMAN McDANIEL: Do we have a volunteer? COMMISSIONER SAUNDERS: Commissioner Taylor, I think, probably would enjoy that. So if she would, I would -- CHAIRMAN McDANIEL: I'll second the motion. COMMISSIONER SAUNDERS: We have a motion. CHAIRMAN McDANIEL: It's been moved and -- COMMISSIONER SOLIS: I'll third. CHAIRMAN McDANIEL: -- seconded that Commissioner Taylor accept the volunteer position to serve on this advisory -- in this advisory capacity. COMMISSIONER FIALA: I third that. CHAIRMAN McDANIEL: It's been thirded. Is there any other discussion? (No response.) COMMISSIONER SOLIS: She's been volunteered. CHAIRMAN McDANIEL: She's been volunteered. COMMISSIONER TAYLOR: I've been volunteered. COMMISSIONER SOLIS: Voluntarily volunteered. CHAIRMAN McDANIEL: And readily accepts. MR. CASALANGUIDA: Voluntold. CHAIRMAN McDANIEL: To that end, if there's no other discussion, all in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. September 10, 2019 Page 34 CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Congratulations. COMMISSIONER TAYLOR: Thank you. Item #10B PROCLAMATION DESIGNATING OCTOBER 10, 2019 AS REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY. TO BE HAND DELIVERED BY COMMISSIONER PENNY TAYLOR AT THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN MIAMI, FLORIDA ON OCTOBER 3, 2019 – ADOPTED MR. OCHS: Item 10B, which was moved at this morning's change sheet, which was previously Item 16H1, is now Item 10B. This is a proclamation designating October 10, 2019, as Republic of China Day in Collier County. And Commissioner Taylor had this item scheduled for presentation next month in Miami. Commissioner Saunders brought this one forward. COMMISSIONER SAUNDERS: Mr. Chairman, the reason I asked this to come off the consent agenda, it has nothing to do with the particular proclamation itself. But we do designate certain days as days to honor certain people and certain events and that sort of thing. And from my view, those are pretty special awards or pretty special things that we do here. And so I don't think they should be on the consent agenda; that's all. I think there should be a discussion as to what it is, and then we vote on it. So I just wanted it to be a more formal procedure as September 10, 2019 Page 35 opposed to just having these types of designations on the consent agenda. I remember many years ago I was the beneficiary of one of the days here in Collier County when I left the Florida Senate, and I remember being here, and it was very special, and I think that's the way we ought to do these. So that's why I took this off the consent agenda. COMMISSIONER TAYLOR: Oh. COMMISSIONER SAUNDERS: And I think we ought to be pretty discreet in terms of how we do this in terms of the number to keep it special. So I'd like a little explanation and then a vote. COMMISSIONER TAYLOR: Okay. Well -- CHAIRMAN McDANIEL: And the reading of the proclamation. COMMISSIONER TAYLOR: Oh, it's a long one. I'm not sure. But Taiwan has been a friend of the United States for many, many years, but specifically for Collier County most recently in the year 2017. CHAIRMAN McDANIEL: That was huge. COMMISSIONER TAYLOR: Director General Wang at the time called my office up -- I was chairman at the time -- and said, you know, I'd like to come over and talk to you, so I said, that's fine. And that was probably in May or June of that year. And he explained about Taiwan, that it's got 24 million people, how big it is, similar -- similar climate but also a very established technological leader in the world. And he explained about the cultural office in Miami and that he goes around Florida, and it's just basically to make everyone acquainted, and it was a lovely, simple meeting in our conference room. September 10, 2019 Page 36 And then September 10th happened and Irma came. And within one week I got a call from his office, and he said, we'd like to come over. I'm bringing over the Tzu Chi Foundation. Can you meet us? I said, this is crazy. I mean, there's a hurricane. We want to come over. And he came over, and he came over with another person from his office and with his staff members. And a long story short, within three weeks, this Tzu Chi Foundation based in Taiwan delivered $385,000 to over 856 households in Collier County. And he had never met the Tzu Chi folks before, but he knew about Collier, and he remembered of me discussing what our -- how very -- it was in all the beach (sic). You know, there were different communities. And the time and the caring and the outreach endeared that country to me. And subsequently we've -- we have -- well, it's October the 3rd they have the National Republic of China National Day, and it's a huge celebration. And he's asked for a proclamation. And we did it last year, and I'd like to see if there's agreement to do it this year. COMMISSIONER FIALA: Yes, I would agree. But I wanted to say, didn't they also help with Everglades City? Really went above and beyond, because Everglades City was hit so badly. COMMISSIONER TAYLOR: Yes. It was Everglades City. It was Goodland. And it was -- COMMISSIONER FIALA: Yeah, they were in Goodland, too. COMMISSIONER TAYLOR: -- on Radio Road there's a trailer park, they went. They met folks -- the City of Naples cooperated. It was an interesting thing. The gentleman is Mr. Chen, and he's out of New Jersey. And I remember Director General Wang as we drove around because, first of all, the criteria was he had to see the areas first before he -- he had September 10, 2019 Page 37 to evaluate it. He wasn't just going to come in here and give money. Then we had to create a list of names of the people to receive these with their emails, which speaks volumes in Collier County of the ground roots effort and also the ability for our community to know who lives there. I mean, we're not that big anymore. You know, we're big, but we're not. They were able to identify people. There was a time that they had to come and show up with proper ID, and then the money was dispersed at that time. So it was an extraordinary effort. Jaction (sic) 10 was very clear, there was no compromise. This is the way it had to be done. And through the Taiwan embassy, this gift to Collier County was made. I do hold them close to my heart. And also, just as an aside, they happen to have a woman president for the last three or four years, which is kind of nice. CHAIRMAN McDANIEL: It sure is. Commissioner Solis. COMMISSIONER SOLIS: I just had a question that in the proclamation there's a reference to sister city relations. COMMISSIONER TAYLOR: Yes. COMMISSIONER SOLIS: I'm wondering, are we officially sister cities, or are we working on that? COMMISSIONER TAYLOR: We're working on it. They came in January of this year and suggested that we might want to get involved with that, and I gave that material to our County Manager. The research is done, and so now we're moving that in the right direction, and it's with -- specifically with a province that is very similar to ours in terms of the agricultural and then the tourism. And so I find it fascinating, and I look forward to that being resolved. And I said, well, if we do become sister provinces or sister cities, what happens? He said, well, you can come to Taiwan. September 10, 2019 Page 38 And I said, well, I'm not sure we're going to do that. He said, okay. We'll come to you. CHAIRMAN McDANIEL: There you go. Commissioner Saunders. COMMISSIONER SAUNDERS: Just I want to thank the Board for your indulgence in making this a much more formal process. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: Again, this proclamation designates October 10th as Republic of China Taiwan Day in Collier County, and I think that's a special type of a thing. So if you'll make the motion, I'll second it, and I appreciate that being part of our process. COMMISSIONER FIALA: Thanks for pulling it off, because we learned a lot. Thank you. CHAIRMAN McDANIEL: You want to move the actual reading to the first meeting in October, a little closer to the day? COMMISSIONER SAUNDERS: I don't think we need to read it. CHAIRMAN McDANIEL: Okay. I'm fine with that. I'm just asking preference. COMMISSIONER TAYLOR: So I'll make a motion that we accept the proclamation. Thank you. COMMISSIONER SAUNDERS: I'll second. CHAIRMAN McDANIEL: It's been moved and seconded that the proclamation be accepted. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. September 10, 2019 Page 39 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. And thank you. COMMISSIONER TAYLOR: No. Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, I'd like to jump back to Item 7, if we could; public comments on general topics -- CHAIRMAN McDANIEL: We did skip over that, didn't we? MR. OCHS: -- not on the current or future agenda. MR. MILLER: Mr. Chairman, I have two registered speakers. Your first speaker is Rae Ann Burton. She will be followed by Garrett Beyrent. CHAIRMAN McDANIEL: I saw Rae Ann over there and wondered how we got past her. Good morning. MS. BURTON: Good morning. Welcome back. I hope all are rested and ready to go. I'm Rae Ann Burton from rural Golden Gate Estates. I'm here under protest. Protest against four villages planned in the very same area as Rural Lands West. But as villages, eliminating the strict rules for a town, faster building time, and less cost. Rural Lands West was 10,000 homes, 1.9 million square feet commercial on 4,000 acres. Village state 95,500 square feet civic uses, government, institutional, hospital, rehabs, jails, buildings you don't want in Naples. September 10, 2019 Page 40 These villages will create more entrances and exits on Oil Well and DeSoto, even direct connections to Everglades, giving grandfathering rights to protect the lands from eminent domain causing the acquisition of homeowners' land for roads and drainage; promise usage of amenities to Golden Gate, but at what cost? They promised 43 percent more prices, 250,000 to 450,000, stating it is lower than available. Not true. Communities off Immokalee closer to the amenities are 200,000. Still have many homes unsold. Growth is great but with reason. These villages just restruct (sic) Rural Lands West without the stricter rules of building a town but will cover the same area with less cost and faster build time by building them next to each other. Even one has Immokalee cutting it in two as Rural Lands West. Was this their plan all along? This destruction of land to create massive connected villages will disrupt the rural environment, create more road traffic and accidents. We don't want to be urban. We want to stay rural. Please re-think these plans to maintain the sanctuary of Golden Gate Estates. Original plan required 2,000 acres, restored 900 farms, wetland and habitat. Ninety percent land with farms there's a water management, stormwater retention, there's even less now. Please check these projects before they destroy the Florida panther natural wildlife preserve. Endangering species, such as wood stock (sic), Florida panther; gopher tortoise; Florida bonneted bat; Everglades snail kite. I even had snails in my swales last year; Florida scrub jay; fox squirrel; not to mention wildflowers and plants. Trees create sound barriers and storm protection and water retention. If development's so great, why possible government buy-out for Bonita Springs homeowners flooded out during Hurricane Irma. September 10, 2019 Page 41 Thank you. MR. MILLER: Your next speaker is Garrett Beyrent. MR. BEYRENT: Good morning, Commissioners. Garrett F.X. Beyrent, lobbyist, and other things. CHAIRMAN McDANIEL: What happened to your nose? Were you talking when you should have been listening? MR. BEYRENT: No. What you don't want to do with a machete: Never hit a green palm frond when you're on a 12-foot ladder. CHAIRMAN McDANIEL: I'll write that down. MR. BEYRENT: Because it bounces back and hits you in the face. But, actually, it was Riverchase Dermatology; skin cancer. That's going to kill me eventually, but -- CHAIRMAN McDANIEL: Here, here, boys. MR. BEYRENT: I'm here for two awards as -- a couple years ago I get this crazy idea that I was going to give you guys jobs to do and see whether you wanted the job or not, and I gave this job to Nick Casalanguida and Leo Ochs to create a baseball stadium not on my property. Of course, because they picked the other property, my old partner, Ron Rice's property, they got a really good deal, too. It's awesome. And so what I did, I had to go out and make another lamp, which there's federal laws against me making lamps. My last lamp I gave to Commissioner Coyle for his retirement. I disassembled a shotgun. It was a sawed-off shot gun, of course, flint lock, and I gave it to him as a kit to put together. And I said, you should be able to put this together. You're a military man just like me. It should only take you 15 minutes to put this together. And I said, if you can't do it, you give it to Bill Barnett. Bill Barnett could do that. He could put it together. So we don't know whether or not -- that's almost two years September 10, 2019 Page 42 ago -- whether he actually put the sawed-off-shotgun lamp together. So I made it easier for the award now for Nick Casalanguida and Leo Ochs. Their award's already a lamp that's been assembled. It's a sports memorabilia lamp that's 20 years old. It was never used. It's actually a picture that Troy Miller's got on his computer now. There it is. See, it has a bulb in it. It's lit up. Can you see that? I don't know. I can see it. Wow. Now, that's -- I could prove it's 20 years old. It's brand new. I got it at my favorite thrift store, which is Goodwill. It cost $7.99. It's already assembled. If you look at the football, the date on it, that football hasn't been manufactured as a football for 20 years, I believe. In the middle that's some sort of pickleball thing. I have no idea what that is. But on top of that -- and it does works, and it's downstairs. It's held by Mary in security because it could be used as a flying object. That's basically it. I have another award for the chair, but I can't give it to him because I ran out of time. CHAIRMAN McDANIEL: Your thirty-second bell already rang. MR. BEYRENT: I know. Okay. So the long and short, their award is downstairs. It works. It's a lamp, and it's -- lamps were created like that years ago to actually encourage kids, have it by their bedside to encourage them when they're going to sleep at night they turn that light on, they see all that sports stuff there and think, wow, some day I could be a famous sports guy, and tomorrow I'm going to go play soccer with Nick Casalanguida. Okay. Thank you. You got it, right? CHAIRMAN McDANIEL: I got it. MR. OCHS: Thank you, Garrett. COMMISSIONER SAUNDERS: Nick, I'm going to check your office in about two weeks to see if that thing is still on your desk. September 10, 2019 Page 43 MR. CASALANGUIDA: Commissioner, we're going to put it in the welcome center when we open it up. CHAIRMAN McDANIEL: Outstanding. Item #11A THE OPTION OF CREATING A VOLUNTEER COMPLETE COUNT COMMITTEE IN CONJUNCTION WITH THE UPCOMING 2020 UNITED STATES CENSUS - MOTION TO HAVE STAFF BRING BACK A TWO PART PRESENTATION WITH ANALYSIS ON HOW OTHER COUNTIES ARE HANDLING THEIR COMMITTEE – APPROVED MR. OCHS: Commissioners, that takes us to Item 11A this morning. This is a recommendation to consider the option of creating a volunteer Complete Count Committee in conjunction with the upcoming 2020 United States census. John Mullins, your Government Affairs manager, will make a brief presentation. John. MR. MULLINS: Thank you. For the record, John Mullins, Government Affairs manager. I have no gifts to bring. Perumpa pum pum. I'm sorry. But what I am here for is to follow up on a memo that was sent to you in July dealing with the creation and construction of a Complete Count Committee as recommended by the Census Bureau in goals of advancing awareness and response to the 2020 census. And out of respect for your time and the court reporter's fingers, I am simply here to facilitate any discussion you may want to have and to attempt to answer any questions, and that memo is included in your package. September 10, 2019 Page 44 CHAIRMAN McDANIEL: It is. Commissioner Fiala. COMMISSIONER FIALA: Yeah. I was just wondering, are they encouraging the committee to be equally distributed amongst both parties? MR. MULLINS: That is actually something that is left up to the body that creates it. They recommend that if a local government is creating it that the highest elected official be authorized to select a chair of the Complete Count Committee, and then those two work in conjunction to select subcommittee chairs from a cross-section of the community, which probably would take into consideration some political demographics. And then in doing so, that becomes the steering committee of the Complete Count Committee, and then they come up with whatever public awareness campaign that they devise. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I think this is an extremely important financial decision that we're going to make, and I'm not suggesting one way or another that we do it or not do it. It's going to be the decision of this board. But I do think it's important. I don't think we can -- yes, it's going to be pretty thorny. I do believe that we, as a body, should make that selection. I think we should be the overseeing of this and -- so that whatever committee's decided or whatever groups are decided to do this, at least the buck stops with us, and I think it's where it needs to stop. CHAIRMAN McDANIEL: Good. Commissioner Saunders. COMMISSIONER SAUNDERS: Is this something that a lot of local governments are doing? I saw that 34 states have done this. MR. MULLINS: Yes, sir. COMMISSIONER SAUNDERS: But what about at the local September 10, 2019 Page 45 level? MR. MULLINS: At the local level I can tell you the State of Florida had a statewide Complete Count Committee in the last three decennial censuses. They do not plan to create one for this one. As a result, localites have stepped up, and as of -- and this is the only thing that I would update on this memo. As of right now, at the local level throughout Florida, there are about 160 of these Complete Count Committees registered with the Census Bureau, including now the City of Naples and the City of Marco Island. COMMISSIONER SAUNDERS: And the county's included in that? MR. MULLINS: Yes, sir. There's about 60 counties in that total. COMMISSIONER SAUNDERS: And who's recommending that we do this? MR. MULLINS: This was just something that was presented to staff to give you information that there was no -- COMMISSIONER SAUNDERS: So 60 out of the 67 counties have already done this? MR. MULLINS: Yes, sir. COMMISSIONER SAUNDERS: I don't have any objection to it. CHAIRMAN McDANIEL: It's actually a good idea. Commissioner Solis. COMMISSIONER SOLIS: Well, can you just give us a brief explanation of why it's important in terms of what the census does and what it means in terms of federal funds and that so that everybody understands the need for it. MR. MULLINS: Yes, sir. As outlined in the memo, basically the census has two primary functions. One is the divvying up of your seats in the House of Representatives which, in turn, impacts your September 10, 2019 Page 46 electoral college votes. So there are political ramification of the census. Then there's also the funding. There's about $635 billion each year that goes out to the states in various grants and programs, including Medicaid and Medicare Part B, SNAP, foster care. You name it, I can give you a huge list of programs. And that money is divvied up based on the census results for your state. So, for an example, in about -- in 2016 I think it was $44 billion was given to the State of Florida by the federal government based on the census count from the prior census. COMMISSIONER SOLIS: And just one other question is, if the State has organized this in the last three censuses, why suddenly is the State not wanting to do this? It seems like it's vitally important if it relates to our votes and our districts and how much influence Florida has as a state on presidential elections. Why is the State not doing this? MR. MULLINS: All I can offer you, sir, is that during the last legislative session there were two bills that were filed that created a statewide committee. They were not taken up in committee by the legislature. And Governor DeSantis was quoted in June as to saying that this was the responsibility of the federal government, and the state did not plan to involve themselves at that point. CHAIRMAN McDANIEL: Prerogative. COMMISSIONER SOLIS: Okay. I think it's important that we do it. We have to do it -- COMMISSIONER FIALA: I do, too. COMMISSIONER SOLIS: -- very mindfully and very tactfully. MR. MULLINS: Of course. CHAIRMAN McDANIEL: Well, that was going to be my question. COMMISSIONER SOLIS: You raised a good point. I mean, it September 10, 2019 Page 47 has to be inclusive of everybody, because that's the point of the census is to count everything. CHAIRMAN McDANIEL: And my question for you, John, was, will we hear this come back again as an actual resolution with the proposition of the division of the committee and who sets it forward and so on and so forth so we can actually invite some public input to it as well? MR. MULLINS: If that is your direction, yes, sir. MR. KLATZKOW: Do you want this as a Sunshine committee overseen by the Board? COMMISSIONER TAYLOR: It would have to be. COMMISSIONER SAUNDERS: I would say. COMMISSIONER TAYLOR: It would have to be. COMMISSIONER SAUNDERS: Well, let me ask the question. If it doesn't have to be -- MR. KLATZKOW: We could probably cobble this together several ways. But I heard from Commissioner Taylor, I thought, that maybe this should be Board -- COMMISSIONER TAYLOR: I think it needs to be as transparent as possible because we're going to -- if we're the arbiters of this -- MR. KLATZKOW: I ask you that because that's how it's going to come back, in whatever form you want to see it. It could be like a committee, Sunshine committee that we could do ad hoc since it's going to have a limited lifespan; we could do that, in which case the Board will have to decide how many members you want on this, you know, how you want to structure this, or we can do it in a number of different ways. CHAIRMAN McDANIEL: Well, let's just do this. First off, let's go ahead and vote on acceptance of this, and then staff can bring forward the actual resolution proposition with some Board direction September 10, 2019 Page 48 here today as to how we actually want to see it. You know, I concur with you with regard to transparency, but Sunshine doesn't necessarily enhance that. It oftentimes is prohibitive for activities and such to go forward. But I'm all about the transparency. I mean, I'm absolutely in favor of doing the committee. COMMISSIONER SAUNDERS: When this comes back, if staff can let us know kind of what the other 60 counties are doing in terms of Sunshine -- the reason -- I have no problem with the Sunshine Law; that's not the point. But if you've got a committee and they want to have some subcommittees and they need to have quick meetings, they can't do it. And so we don't want to tie their hands too much here. Let's kind of see what other counties are doing. If it's the general rule that the Sunshine Law should apply to it -- MR. KLATZKOW: If you're going to be appointing this committee, it's going to be a Sunshine committee. So it's either going to be a group that's separate from you, or it's going to be your group. COMMISSIONER SAUNDERS: I personally think it should be a group separate from us. We're all -- if I'm not mistaken, we're -- at least a majority of us are Republicans, and I think that that might have the appearance that we're -- if not all of us. I think we're all Republicans. Is that -- CHAIRMAN McDANIEL: Registered. COMMISSIONER SAUNDERS: Registered. There may be a RINO or two of us up here. MR. MULLINS: Just to point out these -- I'm sorry, sir. COMMISSIONER SAUNDERS: I was just going to say, I just want to make sure we're not tying our hands too much or their hands too much. CHAIRMAN McDANIEL: I would agree. MR. MULLINS: And just to point out, these are volunteer September 10, 2019 Page 49 committees. And local governments aren't the only entities that can set them up. And, as an example, I can tell you some of the other entities that have are, like, the League of Women Voters, Lee Health, the Unitarian Universalist Fellowship, the Haitian American Community Coalition, the Hispanic Coalition, several VFW posts, and Dress for Success Tampa. So there's a lot of different people out there putting together these types of volunteer committees. MR. OCHS: Commissioner, if the Board -- or a majority of the Board decides to move forward with this, what I might suggest is that we come back in maybe a two-step process. The first trip back to the Board is to give you some options based on the research that we've done on how these are set up around the state, as Commissioner Saunders mentioned, and even locally, and then when you pick an option you like, then we can proceed accordingly on appointment of members if, in fact, the Board wants to retain jurisdiction over -- CHAIRMAN McDANIEL: That was said far more eloquently than what I was suggesting when staff bring it back. We have Commissioner Solis. COMMISSIONER SOLIS: No. I think that's -- the County Manager addressed my concern, yeah. CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SOLIS: We need more information on how it could work -- how it's working in other places. CHAIRMAN McDANIEL: Well -- and actually having it as an advertised public hearing, we'll also get some input from the public as well. COMMISSIONER SOLIS: Right. And how we would get other groups involved that would want to serve on the committee or help, you know, run it or whatever; form it. We need to make sure that as many organizations are probably involved in that as possible. COMMISSIONER TAYLOR: Yeah. September 10, 2019 Page 50 COMMISSIONER SOLIS: So I look forward to having a presentation. COMMISSIONER FIALA: What I was going to say, you keep pointing at me, because I did have my button on. CHAIRMAN McDANIEL: Yes, you did. COMMISSIONER SOLIS: Oh, I'm sorry. I thought he was pointing at me. COMMISSIONER FIALA: I took it off, but I thought he was just saying what he was going to say. I was going to say, in our county -- I don't know about other counties -- we have a lot of Democrats here that are registered as Republicans, a lot of them, and so I don't know how much this will help to fairly divide it because you could -- you know, that could be a case, too. But I think it would be so important to have everybody at the table, all parties, without overtaking -- one party overtaking another. CHAIRMAN McDANIEL: Correct. I'll take a motion then. COMMISSIONER TAYLOR: Make a motion that we follow the County Manager's direction and come back with an analysis of how other counties are organizing this entity for the census count, and at that time maybe it is a -- and consider that this may be the first of two steps of creating this entity. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN McDANIEL: It's been moved and seconded that we follow staff's recommendations with regard to the creation of the quality count commission. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. September 10, 2019 Page 51 COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. We're going to take a quick -- unless there is discussion on 11B, I think we can get through before we go to break. MR. OCHS: Yes, sir. Item #11B AN AGREEMENT FOR THE “NORTH COUNTY WATER RECLAMATION FACILITY DUAL ZONE MONITORING WELL REPLACEMENT” PROJECT FOR INVITATION TO BID NO. 19- 7610, WITH A.C. SCHULTES OF FLORIDA, INC., IN THE AMOUNT OF $1,138,049 (PROJECT NUMBER 70245), AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS - MOTION TO APPROVE W/STAFF’S RECOMMENDATIONS – APPROVED MR. OCHS: 11B is a recommendation to award a contract for the North County Water Reclamation Facility Dual Rezone Monitoring Well Replacement project to the lowest responsive bidder, A.C. Schultes of Florida, Inc., in the amount of $1,138,049, and to authorize the necessary budget amendments. Mr. Chmelik is available to answer questions or present or take a motion. COMMISSIONER TAYLOR: Make a motion to approve. COMMISSIONER FIALA: Second that. COMMISSIONER SAUNDERS: Second. CHAIRMAN McDANIEL: Is there any discussion? (No response.) September 10, 2019 Page 52 CHAIRMAN McDANIEL: It's been moved and seconded that we approve staff's recommendation. 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. Phenomenal presentation. MR. CHMELIK: Thank you very much. COMMISSIONER FIALA: Good job. CHAIRMAN McDANIEL: With that, we are going to take a 15-minute court reporter break and be back at -- well, actually we'll be back at 10:45. I'm going to give you an extra two minutes. (A recess was had from 10:27 a.m. to 10:45 a.m.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN McDANIEL: Okay. Well, welcome back, everyone. Item #11C STAFF TO ADVERTISE FOR A FUTURE PUBLIC HEARING, AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE RELATED TO THE CREATION OF SEPARATION STANDARDS FOR SELF-STORAGE BUILDINGS ON U.S. 41 BETWEEN THE EAST SIDE OF AIRPORT-PULLING ROAD TO THE WEST SIDE OF PRICE STREET/TRIANGLE BOULEVARD, PURSUANT TO THE RECOMMENDATIONS OF THE U.S. 41 CORRIDOR STUDY - MOTION TO NOT ADVERTISE September 10, 2019 Page 53 ORDINANCE IN ITS CURRENT FORM – APPROVED; MOTION TO BRING BACK ITEM AT A FUTURE DATE FOR DISCUSSION AND ADDITIONAL ALTERNATIVES – APPROVED MR. OCHS: Sir, we're moving on under Item 11, County Manager's report. We're moving to Item 11C, which was previously Item 16A1 that was moved to the regular agenda this morning at Commissioner Fiala's request. This is a recommendation to authorize staff to advertise for a future public hearing an ordinance amending the Land Development Code related to the creation of separation standards for self-storage buildings on U.S. 41 between the east side of Airport-Pulling Road to the west side of Price Street and Triangle Boulevard. And this is pursuant to recommendations of the U.S. 41 corridor study. Commissioner Fiala moved this item to the regular agenda for discussion. Commissioner. COMMISSIONER FIALA: Thank you. I don't know if you tried to get the figures to me that I had asked you for, but I haven't seen them yet. Did you get them, Leo? MR. OCHS: I'm going to look to staff. I know we sent it out to staff to try to gather that information. COMMISSIONER FIALA: I knew you had, yeah. MR. OCHS: I don't know that they've compiled it all yet, ma'am. COMMISSIONER FIALA: Unless it's gotten to my office this morning. And I would love to listen to you, but I wanted to make a few things. Because this actually concerns everybody who -- everybody's district because these storage units are coming in. That's the most popular thing. And I guess they're going to be using them, September 10, 2019 Page 54 so this is important to all of us. But I noticed a couple things that I think is really important. First of all, I wanted to say that most of these storage units are right there on the main thoroughfare, you know, where you would put an ice cream store or something, you know -- that you're impulse buying, let me put it that way. I don't care what it is; whereas, there's no impulse buy to storage units. And I think that if they moved back in the property you would -- or even have the first floor dedicated to something that the community could use, the neighborhoods or whatever, that would help a lot. And I just wanted to make some of these suggestions, because I think we could do both if the -- because they're building three-story now. If they build a three-story, you can't put anything behind it because it blocks everything else, three-story storage units. And on my road, and I think on yours, too, they're narrow streets. And if you take that first corridor, the commercial corridor, there's no room left for things like grocery stores. You can't even buy a pair of shoes here in East Naples. You can't buy much of anything because everything is -- well, we're just now coming into it except that they're buying all these properties up. And I don't know how many -- I said yesterday there were 25 storage units. They said, you're way low; they said there's plenty more than that. And being -- still about to be built, too. So I thought, you know, we have to preserve what we have for its use. And I don't know -- I don't see -- I don't think I've ever had driven by a storage unit and think, oh, my goodness, I better go store something there. You know, it just doesn't happen. You don't need front and center areas. So I was recommending, number one, that we encourage a development to put it behind the building area for businesses on the September 10, 2019 Page 55 main thoroughfare or -- and that way they'd still have their three-story. Everybody can see it with the store out in front, whether it be a grocery store or whatever else, will be visible to the passing-by public. And, of course, in my area we're pretty well -- you know, we're so inundated that there isn't much of any land left for that, but for you guys, think about it, because you don't want to -- you don't want it to go by and impact new growth that's going to be taking place. So, anyway, that was one of the things. Another thing is they're giving -- how many feet between -- 150 feet or something like that? What is it between these -- this new suggestion? MR. FRANTZ: The new suggestion is 1,320. COMMISSIONER FIALA: 1,320? MR. OCHS: About a quarter mile, commissioner? COMMISSIONER FIALA: Oh, between storage units? MR. FRANTZ: Correct. COMMISSIONER FIALA: Okay. That's a good thing. But how many -- how many can you build in an area before you break the back of that area? You know, there's just so many that you can put in there. Now, I don't think that you guys are going to be inundated like us, because most of you have a lot of things already built out in there, unless you're going to a gentrification program. But I think that we should have some limitation. If you're having 30 of them, that's an awful lot, between 30 of them and probably more. I haven't gotten the figures yet. Plus, of course, we have a proliferation of gas stations and car washes. There's nothing in there that you can go up and buy for your family that you need, and I think -- I wish our Growth Management Division would look at them more as buying -- as creating good September 10, 2019 Page 56 growth in that area rather than anybody that comes in and wants to buy -- you know, the storage units look great. They're very, very nice, but nobody needs them except the people want to store in them. They go there once, and then it's not like you're shopping in there, right? But if they put maybe the first floor as an area that people can use -- I don't care whether it be a dress shop or a shoe shop or an ice cream store, you know, and that way, then, the rest of the building could be there, and it would draw people to that area as well. So I'm just trying to make some -- pass along some ideas. I'm a little emotional about this. So sorry about that. I'm stumbling all over my words. CHAIRMAN McDANIEL: You're doing good. COMMISSIONER FIALA: But this is so important to us. CHAIRMAN McDANIEL: You're doing good. Commissioner Taylor. COMMISSIONER TAYLOR: I really like your idea about a first-floor retail. COMMISSIONER FIALA: Yeah. COMMISSIONER TAYLOR: I really like that idea. COMMISSIONER FIALA: Good, good. COMMISSIONER TAYLOR: I don't know what that means. I know we probably don't -- in Collier County we haven't requested a certain type of development or a certain class of development. But would there be any prohibition in the code with combining storage with retail? Not that we could do it today. We'd have to -- but would there be about prohibition? MR. OCHS: Jeremy, give your name for the record, also, please. MR. FRANTZ: Sure. Jeremy Frantz, LDC manager. The way that the amendment is set up is that it requires that September 10, 2019 Page 57 separation between storage facilities, storage buildings. And if you want it to be located closer than a quarter mile, it would require the combination of some neighborhood-serving commercial uses in with that storage facility. So that's worked in a little bit into the ordinance as proposed. COMMISSIONER TAYLOR: Within the facility itself there would have to be some neighborhood serving? MR. FRANTZ: I think there's some flexibility to either be within a -- within a quarter mile of your property or on the same property as the facility. MR. OCHS: Commissioner, let me understand. Are you asking is there a -- is there a current requirement, or could we create a requirement that would mandate that these storage facilities contain a retail component in the first floor of the storage facility itself? COMMISSIONER TAYLOR: That's what I'd like. MR. OCHS: That's what -- yeah. I don't imagine we have anything that would require that. COMMISSIONER TAYLOR: I know, I know, look at me, but look at your more urban centers. They do that. Of course, they do that. New York does it all the time. COMMISSIONER SOLIS: I think that's a market-driven -- COMMISSIONER TAYLOR: But why? At this point, are we -- MR. KLATZKOW: You have current zoning there, all right. At this point in time we're trying to -- COMMISSIONER TAYLOR: To make this -- MR. KLATZKOW: -- satisfy the Board's concerns about the possible proliferation of this use, particularly so we're putting space requirements much like we put space requirements for gas stations once upon a time. Now, if you want to incentivize that, well, maybe you could be September 10, 2019 Page 58 closer if you do this. That we could consider doing, but these properties are already zoned for that use. I don't recall ever seeing a storage unit with retail on the first floor. COMMISSIONER FIALA: No. I know that. I was just trying to make sure that we're not blocking out storage units. I'm just saying let's -- MR. KLATZKOW: No. You'd like to see it at the back end of the -- of the development with the commercial at the front end, and I understand that. The issue with that corridor is that the commercial strip is relatively narrow along 41. COMMISSIONER SOLIS: And I don't -- most of these -- and correct me if I'm wrong, but most of these storage facilities aren't located within -- in fact, I don't know of any that are located within a larger commercial center where there would be other commercial uses or restaurants or retail or anything along -- CHAIRMAN McDANIEL: There is one just up on Vanderbilt and 951 on the southwest corner of that plaza. COMMISSIONER SOLIS: Really? CHAIRMAN McDANIEL: Yeah. There's a storage facility up in the back with retail out front. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: And that was how that was particularly established, so... COMMISSIONER SOLIS: So that works. Okay. CHAIRMAN McDANIEL: Well, I'm assuming it works. COMMISSIONER SOLIS: I'm just going to throw this out there because -- CHAIRMAN McDANIEL: They were outparcels, necessarily. They were -- I'm sorry. COMMISSIONER SOLIS: The real -- I'm sorry. No, I just have to air my pet peeve that, you know, the reason we have a September 10, 2019 Page 59 proliferation of storage facilities is because no one can park their car in their garage anymore because we have so much stuff. CHAIRMAN McDANIEL: Junk. COMMISSIONER SOLIS: This is exactly -- no, this is -- seriously. I mean, this is -- COMMISSIONER TAYLOR: That's true. COMMISSIONER SOLIS: You know, and they're being built closer and closer to residential areas because, you know, people have to go in there and get stuff out of their storage locker, you know, because -- COMMISSIONER SAUNDERS: I sort of disagree. If people didn't have their garages stuffed with stuff, then there would be more of those storage units around. COMMISSIONER SOLIS: Well, right, right. But now it's an overflow situation. CHAIRMAN McDANIEL: Before we move on down -- before we move on down, I need to say out loud I'm going to support the motion to bring this back and have a look, because I know how you feel, but I can't support, just because it's done in New York, making it -- it's not right. COMMISSIONER TAYLOR: No, no, no. CHAIRMAN McDANIEL: I can't -- please. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: I mean, you said your peace. I have a concern with the mandated-dispersal progress, a minimum 25 or quarter-mile disparity dispersal between property rights. I think we're setting ourselves up for taking with regard to already zoned properties that have allowances. Talk to me about incentivization, such as what you've suggested with regard to adjustments on the Site Development Plan with the commercial out front and the storage units in the back. Talk to me September 10, 2019 Page 60 about incentivization for first-floor commercial and so on and so forth if, in fact, that can be accommodated with the site parking requisites, so on and so forth. But I am not going to vote for a mandated dispersal process that takes away real property rights for existent zoning taxpaying residents of Collier County. I'm just not going to do it. COMMISSIONER FIALA: You mean -- "dispersal," what do you mean by that? You mean the length between the two? CHAIRMAN McDANIEL: Correct. Here you are. You're sitting next to me, and you own a C5 piece of property, and I have a capacity of going ahead and building my self-storage unit on my property. You're now not allowed because of this mandate. I've just taken away your right to develop your property as you see fit. Now, it isn't how Donna Fiala sees fit because she'd like to see less of them and have them maneuvered in a different location to have them away, but with this now -- and I'm sure our County Attorney will do his best to keep us out of trouble with regards to takings and the like. But absolute on pretense, it's a mandate of determination of property rights that are already existent within our zoning code. COMMISSIONER FIALA: Now, how -- and so -- well, in our area I've got so many already permitted that haven't been built yet, and they're going to be close. And then we -- we, people who need some of the services from other organizations whether it be a grocery store or a shoe shop or whatever, there's no room left for them to go because all of these things proliferate. And what do you do about that? And we've got so many people in our area that need to shop and really don't have much of anything. And so you give the storage units more ability to take up more of the land? CHAIRMAN McDANIEL: Well, I mean, Commissioner Fiala, September 10, 2019 Page 61 in all due respect, I don't concur with your analogies with regard to the availability of shopping. There are places to buy shoes. There are places to get food, really good restaurants in East Naples and out on the East Trail and on U.S. 41 and the like. COMMISSIONER FIALA: Yeah. CHAIRMAN McDANIEL: There are places to go. And I am concerned with this. Again, I don't want to debate this today because I need to see the actual formal resolutions and amendments. COMMISSIONER FIALA: Yeah. I was hoping that they would have these things and even give us an idea of where they're all located. CHAIRMAN McDANIEL: Well, get that when we actually -- MR. OCHS: We have that information if you want it now. CHAIRMAN McDANIEL: No. I mean, right now we're voting on whether or not we're going to bring back an amendment to the LDC to -- based upon the corridor study; is that correct? MR. KLATZKOW: You're giving permission for staff to advertise it. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: To bring it back. CHAIRMAN McDANIEL: Right and that's going to require a 4-1 vote. This today requires a 3 vote. MR. KLATZKOW: Today's 3; next time is 4. CHAIRMAN McDANIEL: When we amend the LDC, it requires 4. And I can't -- I can't support the thought process -- that's for your knowledge. I can't support the thought process if there's a mandated dispersal of usage that could effectuate a taking for someone that's already there. But I want to look at the language. I want to see the incentivization process. I like your thought process, suggestions, and yours as well, except for the New York thing. September 10, 2019 Page 62 I like -- COMMISSIONER TAYLOR: I said that to our County Attorney, who -- MR. KLATZKOW: These things are national chains, and they come in with their own box: This is how we do it. That's why the separation will work because it's not the property owner that says I want to put up a storage unit. It's a chain that comes to town that says, yes, this is a good location for us, and they start looking for properties. CHAIRMAN McDANIEL: But there are -- okay. I'm not going to debate it today, and you and I did significantly yesterday. MR. KLATZKOW: Significantly, yes. CHAIRMAN McDANIEL: The bottom line is is I have -- sir? MR. KLATZKOW: Yes, significantly. CHAIRMAN McDANIEL: Yes, it was. MR. KLATZKOW: I'm agreeing with you. CHAIRMAN McDANIEL: So the -- I need to see and read the formality of what's being suggested. I like the incentivization suggestions. I like those. Those are nice things, but the dispersal process, I think, is going to put us in a trick flocks (sic), but that's my personal opinion. So we're going to -- are we going to bring this back? MR. OCHS: Well, Mr. Chairman, the item in front of you doesn't get at those issues you just talked about. CHAIRMAN McDANIEL: I understand that. MR. OCHS: It's basically to create this separation standard and nothing else. CHAIRMAN McDANIEL: Correct. MR. OCHS: So, you know, to bring this back to you in the future in its current form isn't addressing the issues that Commissioners Fiala and Commissioner Taylor -- September 10, 2019 Page 63 CHAIRMAN McDANIEL: Well -- and I wanted to be very clear with regard to the fact this those were suggestions to make this different than what, in fact, it is. I can't support the dispersal -- the maneuver for the amendment to the LDC to dictate/mandate dispersal what the use is. I can't support that. Now with those other things, then, maybe we can have something we can work with, but I'm -- I am adamant. COMMISSIONER SOLIS: So -- I'm sorry. Go ahead. COMMISSIONER TAYLOR: Just -- I think we could kind of do a consensus to see if there's four votes to have this advertised. If there's a lot of misgivings, then we do have to start at the beginning. COMMISSIONER FIALA: We need three votes on this one. MR. KLATZKOW: Three votes to advertise this and staff to bring back for a public hearing in its current form. If you don't like the current form -- MR. OCHS: Right. MR. KLATZKOW: -- there's no point in bringing it back -- COMMISSIONER SOLIS: Right. MR. KLATZKOW: -- for discussion. COMMISSIONER TAYLOR: Okay. COMMISSIONER SOLIS: So I guess the question in my mind is, how would we go about having a discussion about what else we would want to be in there? CHAIRMAN McDANIEL: Without having to come back, or do we do it now? COMMISSIONER SOLIS: Without advertising it. I guess what we would do is not vote to have it advertised today. MR. KLATZKOW: You wouldn't advertise the ordinance. Staff would bring back an item for discussion. COMMISSIONER SOLIS: Bring it back. COMMISSIONER FIALA: Well, I think this is an important September 10, 2019 Page 64 subject that's going to affect us all, and each one of us must think of our own area because that's what -- that's what we do. We try and do the best we can for the area that we live in, and we would have to see how we would arrange this so that it's a fair distribution and also that it -- that the people in your community can live with it. And I think that we certainly need to do more than just the distribution, but I think that's a good start. And then it will give us an idea. Like, for instance, in between these things then -- I mean, I don't know how many people would want to locate next to or between storage units, but that would at least give us a starting point. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yeah. Let me just make a suggestion then, just to move this forward, because it sounds like the consensus is we would want to see some other things in this ordinance that we're going to advertise. So I'll make a motion that we do not direct staff to advertise the ordinance in its current form. That's one motion. CHAIRMAN McDANIEL: I'll second that motion. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: It's been moved and seconded that we not recommend that staff advertise the motion -- or the agenda item in its current form. Any discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: So moved; 4-1. September 10, 2019 Page 65 COMMISSIONER TAYLOR: No. What we're saying is now. COMMISSIONER SOLIS: We're not going to bring it back. CHAIRMAN McDANIEL: That's correct. She wants to bring it forward in this format is what she's saying. COMMISSIONER FIALA: Well, this is the start -- to me it would be the start of the next format, you know, of the next way we're going to rearrange the words. And so -- and although I didn't come up with this idea -- it was not mine, I have to tell you. It was staff's idea based upon the group that was meeting and talking about this corridor and what they can do to bring that corridor to life. Right now it's kind of run down, and they're hoping to bring it to life and bring new opportunities there for the people who live there. But -- COMMISSIONER TAYLOR: But I'm not -- I didn't -- my no vote wasn't not to do that. My no vote was get it back, and let's discuss it to see if we can beef it up a little bit including that, or maybe doing something even better, but to keep the spirit. COMMISSIONER FIALA: Okay. I understand that. COMMISSIONER TAYLOR: The spirit of the LDC. COMMISSIONER FIALA: Separation in there, yeah. COMMISSIONER SOLIS: So I was just going to make a second motion to have staff bring back this particular item at a later date so that we can have a discussion about additional whatever, whether there are incentivizations, locational issues, like Commissioner Fiala was bringing up, we can have that discussion. COMMISSIONER FIALA: Yeah. And you know what, we could all ask our constituents, too; what do they think? If it starts coming to one of your areas, how do they feel about it? And you've got a few people that you can count on to give you honest input, and they would probably give you suggestions I would never think of, you know, so... CHAIRMAN McDANIEL: So we'll make that -- it's been September 10, 2019 Page 66 moved that we make the recommended suggestions and bring back some alternatives for our board to make a decision on to actually amend the LDC. And it would probably necessitate another advertised hearing on those suggestions, at which point then we could advertise for whatever the Board chooses to do after that, correct? MR. CASALANGUIDA: Yeah. CHAIRMAN McDANIEL: I mean -- I've said enough. It's been moved that we -- was that -- did the surmise your motion? COMMISSIONER SOLIS: Yes. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: Somebody say second. COMMISSIONER TAYLOR: I'm sorry. I thought it was seconded. CHAIRMAN McDANIEL: It's okay. It's been moved and seconded that we proceed along those lines. I won't repeat what the motion and such is. Any other discussion? COMMISSIONER SOLIS: One question. Would it help the process if -- each one of us, if we had issues that we would want to see in there, like the ones that Commissioner Fiala has raised or that you raise, that we provide those to the County Manager -- COMMISSIONER TAYLOR: In advance. COMMISSIONER SOLIS: -- in advance of our discussion so that maybe they can have some warning of what's going to come up and they can be prepared to discuss it for us? CHAIRMAN McDANIEL: Would you like some warning? MR. OCHS: That would be wonderful. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: We'll give you all the warning we can. All right. It's been moved and seconded that we proceed along those lines. September 10, 2019 Page 67 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. OCHS: Thank you, Commissioners. Item #11D RESOLUTION 2019-162: A RESOLUTION SUPERSEDING RESOLUTION NO. 2016-140, ESTABLISHING THE COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS, FEE POLICY, AND THE AGREED TERMS AND CONDITIONS FOR ADVERTISING ON TRANSIT ASSETS AND FACILITIES, TO EXPAND THE ADVERTISING POLICY, STANDARDS AND FEES TO INCLUDE DIGITAL ADVERTISING AND A BENCH DONATION PROGRAM, AS DIRECTED AT THE BOARD'S JULY 9, 2019 MEETING – ADOPTED MR. OCHS: Item 11D was previously Item 16D15 on your consent agenda. This was moved to the regular agenda at Commissioner Fiala's request. It's a recommendation to approve a resolution establishing the Collier Area Transit advertising policy and standards as previously directed by the Board at their July 9th, 2019, meeting. September 10, 2019 Page 68 Commissioner. COMMISSIONER FIALA: Yes. The only reason I brought this up is I just feel over the years, since we started this transportation program, they've encouraged us to sell ads. And right from the start, especially the people in the City of Naples, but other areas as well have said, you know, we don't want to cheapen it by having ads all over this thing. So then they've reduced it to ads inside. And I'm just suggesting -- and selling ads on benches and stuff. You're not going to sell ads on benches? MS. ARNOLD: No. COMMISSIONER FIALA: You were, right? MS. ARNOLD: No. COMMISSIONER FIALA: Well, that was suggested. MS. ARNOLD: No. We've never -- not for benches. It was recommended to do -- COMMISSIONER FIALA: When we were at the LDC -- no, no, no. Local coordinating board? MS. ARNOLD: For the record, Michelle Arnold, Public Transit and Neighborhood Enhancement Division director. The recommendation at the July 9th meeting was the shelters, the structures. Not the benches. COMMISSIONER FIALA: Oh, okay. The shelters, okay. MS. ARNOLD: Right. COMMISSIONER FIALA: Anyway, I don't think that we need to have ads on there, but that's just my own feeling. I don't think we need to have ads. Because you see what happens when you open the door a little bit? And then the ads become bigger, and then they become on the outside, and then they become a walking advertisement or a riding advertisement. And I don't think we need the money that bad to do that. I think that we've got an upscale community, and I think, to me, I like to keep it looking upscale. But September 10, 2019 Page 69 that's my own opinion. So you guys have to make that decision. I will certainly not vote for it. CHAIRMAN McDANIEL: Do you think -- your contention is that the advertising cheapens or lessens the value of the transit facility at large? COMMISSIONER FIALA: Yes, yes. And then inside, like they say that they can govern it, but, you know, somebody has a pen and they're riding on there, and they've got a disgruntled something, and so they're going to write all over the sign. And until our people find it and take it off -- I don't know. I just think we're opening a door that maybe she shouldn't be opening, but that's for -- CHAIRMAN McDANIEL: Commissioner Solis. I didn't mean to interrupt. COMMISSIONER SOLIS: In terms of the benches, which is what people not riding the bus will see, that's a donation program. So in terms of the advertising -- and I apologize if I've confused this issue. The advertising would be in relation to somebody that's -- or a company that wants to donate a bench. MS. ARNOLD: Correct. COMMISSIONER SOLIS: It would be on the bench that they donated? MS. ARNOLD: Yes. The proposal is to -- if somebody wants to actually help us build a bench, and we would recognize their donation with a plaque. COMMISSIONER SOLIS: A plaque. MS. ARNOLD: Yes. And let me show -- COMMISSIONER SOLIS: We're not talking about a billboard bench like we see in some nearby communities. We're talking about a plaque. COMMISSIONER TAYLOR: No, no. CHAIRMAN McDANIEL: New York. September 10, 2019 Page 70 COMMISSIONER TAYLOR: A plaque. MR. KLATZKOW: I left New York to be here. CHAIRMAN McDANIEL: I know you did. We're happy to have you. COMMISSIONER SOLIS: Okay. So -- okay. This is getting to the issue here. This is what we're talking about. MS. ARNOLD: Yeah, so that would be what we're talking about. If somebody -- and the bench style is different. I'm just showing you the plaque that would be associated with recognition if somebody were to donate the funds for the construction of a bench. COMMISSIONER TAYLOR: And they do this in a different way in the City of Naples along the beaches. They have plaques on the beaches, and they have stones and whatnot. COMMISSIONER SOLIS: Yes. COMMISSIONER TAYLOR: And it's the same idea where there's -- now, it's a little different because what happens, you want to memorialize somebody or you want to give, and you can do it, but there's a cost, and then it goes into the fund. So it's very tasteful. COMMISSIONER FIALA: I haven't seen this bench, so I'm sorry. I was judging by some of the ones I've seen where the painting is along -- COMMISSIONER SOLIS: Right. That's what I was trying to make sure we were clear on. We're not talking about a painted bench that's got, you know, an advertisement. MS. ARNOLD: No. COMMISSIONER SOLIS: This is strictly -- COMMISSIONER FIALA: Plaque. COMMISSIONER SOLIS: -- just a company or someone wants to donate a bench. They get a little plaque for the donation of the bench. MS. ARNOLD: Correct. September 10, 2019 Page 71 COMMISSIONER SOLIS: There's no real revenue associated with that or anything? MS. ARNOLD: No. It's the cost for installing. COMMISSIONER SOLIS: And we have a design spec or a size for all the plaques, so it can't get any bigger or anything like that? MS. ARNOLD: That's correct. COMMISSIONER SOLIS: Does that help your -- COMMISSIONER FIALA: That's fine with me then, yeah. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: Comment? COMMISSIONER SOLIS: So I think we're okay? COMMISSIONER FIALA: But inside -- advertising inside the bus. COMMISSIONER TAYLOR: Inside, interior bus announcement. MR. KLATZKOW: We do that now. COMMISSIONER SOLIS: Yeah, we do that -- we're doing that now. It's already -- COMMISSIONER FIALA: Not the announcement. I'm talking about do you have -- are you going to be putting something up to display the ad? MS. ARNOLD: Yes. We have in -- currently, your ordinance or resolution allows for the bus cards, they call it, inside the bus. COMMISSIONER FIALA: Right. MS. ARNOLD: We're going to continue to do that. COMMISSIONER FIALA: Yeah. But you're not going to put up any signs or anything? COMMISSIONER TAYLOR: Outside. MS. ARNOLD: Outside, no. COMMISSIONER FIALA: No, inside. MS. ARNOLD: Inside signage is allowed, yes. September 10, 2019 Page 72 COMMISSIONER FIALA: Okay. COMMISSIONER SOLIS: We already have -- COMMISSIONER TAYLOR: We already do that. MS. ARNOLD: And we currently do that. MR. KLATZKOW: This is adding the ability to put in digital signs at the terminals. MS. ARNOLD: This is adding the -- yes, inside the terminals. MR. KLATZKOW: It's allowing you digital signage inside your buses. MS. ARNOLD: Yes. COMMISSIONER FIALA: Yeah. I don't care about the terminals. MR. KLATZKOW: It's allowing in-app mobile advertising. MS. ARNOLD: Yeah. So somebody on their phone, we can do advertising on their phone. If you get pop-ups. MR. KLATZKOW: I'm just looking at the changes. And then we're changing the amount of money that we're charging for this. The fees are being -- COMMISSIONER FIALA: What, please? MR. KLATZKOW: The fees are being changed and updated from the prior policy. MS. ARNOLD: Right. And that's it. And then to allow for the bench donation program, which is what we were talking about. And that's all the changes that are being made. MR. OCHS: And that was discussed and approved by the Board on July 9th, and we're bringing back the resolution to formalize. COMMISSIONER FIALA: This is tastefully done. I don't have a problem with that. When I heard "signs" and when -- and I'm afraid that we didn't have those posted that I saw at the LCB, unless I left early before you did that, but I don't think I left early. In fact, I don't usually ever leave early. But, anyway, so I just want to make sure September 10, 2019 Page 73 that whatever we do is done with taste in our community, because I think we deserve that. MR. OCHS: Yes, ma'am. CHAIRMAN McDANIEL: And it is your opinion that the amendments that we're making here are going to be without taste? MS. ARNOLD: The intent is to be tasteful. CHAIRMAN McDANIEL: Okay. And, I mean, I concur with what Commissioner Fiala is saying. MS. ARNOLD: There is a process that we consult with the County Attorney's Office to make sure that whatever ads are being requested comply with the resolution that's before you. MR. KLATZKOW: We're very conservative on that. CHAIRMAN McDANIEL: Absolutely. Commissioner Taylor, you have a comment. COMMISSIONER TAYLOR: I do. But let's vote on this, and then I need to segue into something that's been on my mind and see if there's support here. It will be very brief. CHAIRMAN McDANIEL: Somebody make a motion. COMMISSIONER FIALA: Well, I'll make the motion. As long as these signs -- you know, like a little plaque there or something, that's okay. I think that that's fine. As long as anything that's done inside the bus isn't garish looking or whatever, but tastefully done. Again, something like this, that's fine with me, as long as we just don't -- you know, what's -- it seems sometimes we get the foot in the door, and then a whole elephant follows it. COMMISSIONER TAYLOR: Yeah. COMMISSIONER FIALA: And, of course, we don't know that because we've only approved this. And I'm -- I want to make sure that whatever we've approved is exactly what -- that it doesn't grow anymore, yes. CHAIRMAN McDANIEL: Second? September 10, 2019 Page 74 COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve the Item 11D as staff recommends. 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. Even John agreed with me. COMMISSIONER TAYLOR: So just briefly, when you talked about the signs draping on benches, I realized that, you know, we're in the middle of a strategic arts plan. So I'd like to see if there's any consensus on this board if we -- COMMISSIONER SAUNDERS: Could -- I hate to interrupt. Could we do that under county commission discussion? COMMISSIONER TAYLOR: Yes. COMMISSIONER SAUNDERS: Because it's really a non-agenda item, and we do have an agenda. COMMISSIONER TAYLOR: Well, I was hoping it wouldn't be discussed. But that's okay. I will definitely do it under -- COMMISSIONER SAUNDERS: Right. COMMISSIONER TAYLOR: Yeah, okay. CHAIRMAN McDANIEL: Very good. To that end... September 10, 2019 Page 75 Item #12A DIRECTION ON THE APPEAL FILED BY REAL ESTATE PARTNERS INTERNATIONAL, LLC WHICH SEEKS REVERSAL OF THE APPROVAL OF INSUBSTANTIAL CHANGE TO THE SITE DEVELOPMENT PLAN (SDPI), PETITION PL20180002049, FOR GATEWAY, FORMERLY KNOWN AS TRIO. THE APPEAL CENTERS AROUND THE QUESTIONS OF WHETHER THE GTMUD-MXD OVERLAY REQUIRES A MINIMUM OF 700 SQUARE FEET FOR A HOTEL GUEST ROOM, AND WHETHER THE CONTRACT PURCHASER FOR THE ADJOINING COUNTY-OWNED PARCEL HAS STANDING TO RAISE THE OBJECTION - MOTION TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING (STAFF’S OPTION #2) AT THE FIRST MEETING IN OCTOBER – FAILED; MOTION TO FIND NO STANDING AND DIRECT STAFF TO ADVERTISE AND BRING BACK A FOOTNOTE REMOVING THE 700 SQ. FOOT REQUIREMENT FROM THE LDC (OPTIONS #1 & #4) – APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 12A on this morning's agenda under County Attorney's report. This is a request for direction on the appeal filed by Real Estate Partners International, LLC, which seeks reversal of the approving of insubstantial change to the Site Development Plan for Petition PL20180002049 for Gateway, formerly known as Trio. The appeal centers around the questions of whether the mixed-use development overlay for the Gateway Triangle requires a minimum of 700 square feet for a hotel guest room and whether the contract purchases for the adjoining county-owned parcel has standing to raise the objection. September 10, 2019 Page 76 Mr. Klatzkow. MR. KLATZKOW: And we're seeking Board direction. MR. MILLER: And, Mr. Chairman, we have three registered speakers for this item. COMMISSIONER TAYLOR: That's it? MR. KLATZKOW: I'm here to answer any questions. I spoke with each of you yesterday and got five different opinions. COMMISSIONER SOLIS: Can I ask you a question. Are any of the registered speakers the appellant? MR. MILLER: The registered speaker is Richard Yovanovich with two speakers ceding time to Mr. Yovanovich. MR. YOVANOVICH: I'm the appellee. COMMISSIONER SOLIS: But he's not the appellant. So the appellant is -- COMMISSIONER TAYLOR: Is not here. MR. KLATZKOW: I don't see Mr. Grant. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: I think they did a poll yesterday. COMMISSIONER FIALA: What? COMMISSIONER TAYLOR: Oh. CHAIRMAN McDANIEL: I said, they were doing a poll. So with that, let's go to our public speakers, and then the Board will -- MR. MILLER: Public speaker is Richard Yovanovich. He's been ceded time by Bill Higgs. Mr. Higgs, can you raise your hand. (Raises hand.) MR. MILLER: And John Agnelli. (Raises hand.) MR. MILLER: For a total of nine minutes. MR. YOVANOVICH: And I promise -- for the record, Rich Yovanovich -- I won't use all nine minutes. I just want to -- bottom line is, we'd like you to follow your September 10, 2019 Page 77 County Attorney's Office first recommendation which is to find that they have not satisfactorily proved standing to bring this appeal and that -- therefore, dismiss the appeal. The second thing we'd like you to follow is No. 4, which is to direct staff to bring back an LDC amendment clarifying once and for all that the 700 square feet does not apply to independent or individual hotel rooms or individual offices within a building. And I want to take you through some of the petition's -- or the appellant's own actions that support that there is, in fact, no 700-square-foot requirement in the first place and that their appeal that they have filed is totally inconsistent with their own prior actions and recognition that this 700-square-foot requirement does not, in fact, apply, but it is related to your fourth recommendation to let's end this, because we believe this is just a maneuver to slow down my client's ability to go through with the contract to sell to a hotel developer on its property, and they're using their contract to buy CRA property as a basis to try to slow this down. So your staff has clearly opined that the 700-square-foot requirement applies to the hotel structure, not individual rooms. Your -- the appellant did not object to the existing hotel that's being built within this CRA that is being built on U.S. 41 that has rooms less than 700 square feet. So that's the first time they've recognized that there's no 700-square-foot requirement for individual hotel rooms. Now, as you know -- and you went through several hearings where the appellant actually filed for and obtained a Growth Management Plan amendment for the property they're going to purchase. And I'm going to put on the visualizer the exact language that they had you approve prior to their actually applying for and getting the PUD amendment for the property. And you can see -- you can see in the mini-triangle mixed-use September 10, 2019 Page 78 district that development within the mini-triangle subdistrict, which includes the CRA piece as well as the Trio piece, it clearly says that development within the mini-triangle shall be subject to the following, and it says under H, development within this subdistrict shall be subject to the provisions of LDC Section 4.02.16, and that talks about the design standards. And then I've also highlighted, it says, deviations from the applicable provisions of Section 4.02.16 as may be approved as part of the MPUD. So you're subject to 4.02.16 unless you ask for a deviation to those standards in 4.02.16. They claim -- they're claiming that under 4.02.16, Table 7, there's a minimum-square-footage requirement for each individual unit, and as you can see where it says "minimal floor area" it's 700 square feet per unit or under the mixed use and commercial. And then it's 750 for an apartment, et cetera. So they're claiming that that's the standard we are somehow violating, which is under 4.02.16. Now, your staff has opined that that doesn't mean individual hotel units; it means the use. It has to be at least 700 square feet. Why is that relevant? Because they've already acknowledged in their own Growth Management Plan amendment, that if that's the minimum standard you have to have for a hotel room, you have to ask for a deviation through the PUD process if you want to go less than 700 square feet. Here is their PUD. You can see under their PUD minimum floor area, hotels, suites, and rooms and ALF units are not subject to a minimum floor area requirement. So they said, we don't have to have a minimum floor area. We're not subject to the minimum area of 700 square feet. Now, as we all know, if the LDC has a requirement and you want to deviate from that requirement, you apply for a deviation. We September 10, 2019 Page 79 discussed that in front of the Planning Commission. We discussed it in front of the Board, and if the Board agrees to ask for a deviation -- or agrees with our request for deviation, the Board approves it through the PUD adoption process. You'll also note that under minimum floor area, they asked for 500 square feet for commercial structures. They didn't ask for a deviation from the minimum 700-square-foot requirement for individual commercial units if you take their argument to the logical extension. Here's the list of deviations they actually asked for. You can see they did not ask for any deviations from the minimum size for hotel rooms or commercial offices or anything to the like. The reason they didn't ask for that is because they knew that was not applicable to individual hotel rooms. They had a very experienced planner going through this process that, if he believed there was a minimum 700-square-foot requirement for hotel rooms, would have asked for that deviation. If staff believed there was a minimum 700 square foot per hotel room, staff would have said, you need to ask for a deviation, and your Planning Commission would have said you need to ask for a deviation. And how do I know that, is I've been to the Planning Commission before where we're going through it during the public hearing process for a PUD where we've said, hey -- or the Planning Commission said, hey, I think you need to ask for a deviation, and we've asked for deviations actually during the hearing process. Nobody, including the current appellant, believed through this process that there was a minimum requirement of 700 square feet for a hotel unit. Nonetheless, we'd like this to end so we can go forward and have this resolved finally. And if it's in the Board's belief that there needs to be a clarification, let's go clarify the LDC to end this once September 10, 2019 Page 80 and for all. But we believe that there is no minimum 700 square feet per individual hotel room. Your staff agrees and the petitioner agreed when they went through and did their own PUD. And I've done some, in my own head, trying to figure out if I've ever stayed in a hotel room that's ever been 700 square feet. And I think -- we have some pretty nice hotels in this community, and I think other than maybe certain suites in those five-star resorts that we have right now, those rooms are not 700 square feet. So I find it hard to believe that the intent was to have rooms that are 700 square feet in this triangle that are bigger than the rooms that our current five-star resorts have as the typical room. So with that, we would ask that you follow your County Attorney's recommendation to dismiss the appeal for lack of standing and then, if necessary, clarify in the LDC that there is no minimum 700-square-foot requirement. And with that, that's the end of my presentation. CHAIRMAN McDANIEL: Outstanding. I was going to ask Troy if he did that all in nine minutes. That was something. MR. MILLER: Eight minutes 36 seconds. CHAIRMAN McDANIEL: Outstanding. MR. YOVANOVICH: I practiced. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Questions more for the County Attorney. This is not the appeal hearing. Let me back up. I just want to make sure that we're not stubbing our toes somehow procedurally. MR. KLATZKOW: No. This is not the appeal hearing. COMMISSIONER SOLIS: But yet we're going to make a determination on standing. MR. KLATZKOW: Here's the issue, because it's sort of a Catch September 10, 2019 Page 81 22. So the issue was raised by Mr. Yovanovich they don't have standing, okay. So if they don't have standing, they can't bring the appeal. So the determination of whether or not they have standing is an administrative decision. That administrative decision would have been subject to appeal. You would have just heard whether or not they had standing. You wouldn't have heard the appeal. So rather than doing this all chopped up, I decided to just bring the whole thing to the Board. These are your options here. We don't believe they have standing. They say they have standing. But at the end of the day, it's your determination. COMMISSIONER SOLIS: I guess my -- right, and I agree with you that it's ultimately our determination. Well, it's the -- first the staff's determination, which can be appealed. MR. KLATZKOW: Yes. COMMISSIONER SOLIS: And then -- but this -- I just want to make sure we're not going to stub our toe and fall into something we're not meaning to fall into by, yes, it's chopped up, but we're going to throw it all into one non-advertised hearing and then make a decision which that can then be appealed which maybe would have more teeth to it. Do you understand what I'm saying? MR. KLATZKOW: Yeah, which is why one of the decisions to make is -- well, these aren't recommendations I'm giving you. These are just options. And one option would be you find that there is no standing, in which case that's the end of it, and they can appeal that. You find that, well, there is standing and we'll hear the issue -- we'll hear the appeal, in which case I advertise it. You can defer the issue on standing and hear the appeal and make your decision then, or you can send it to the Hearing Examiner. COMMISSIONER SOLIS: Okay. So in your opinion, then, us making the -- a determination on standing today is procedurally sound. September 10, 2019 Page 82 MR. KLATZKOW: Yes. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: You all set? COMMISSIONER SOLIS: Yes. CHAIRMAN McDANIEL: Good. Commissioner Saunders. COMMISSIONER SAUNDERS: I'm going to go down the standing path here just a little bit further. I've read the executive summary. Has there been an official communication to the appellant that there is no standing? MR. KLATZKOW: I asked Mr. Grant -- I basically said, Mr. Grant, there's no harm, there's no foul. How was your client harmed by this? And he replied, we're contract purchasers. No allegation of a harm. So the fact that he's -- I agree that he's a contract purchaser, and I understand that because of that, they may have had some sort of harm, but no harm was ever articulated. And my understanding of standing is that before you can make a legal claim, you have to show that you were harmed in some fashion. COMMISSIONER SAUNDERS: My question isn't -- COMMISSIONER SOLIS: Right. COMMISSIONER SAUNDERS: -- what's contained in the executive summary, because that's what you say in here. The question is: Has there been formal notice to the appellant that the staff determination is that there's no standing and here's the basis for that? I understand you've had some oral communication. I'm just -- it's just a question of -- MR. KLATZKOW: I have had communication with Mr. Grant and told him he should be here, all right, and don't see them. And, you know, I personally think that this entire exercise is for the purpose of getting to a courtroom, which is why they're not here, but that's a personal opinion. But, no, they were aware of it. September 10, 2019 Page 83 But there has to be some determination of standing before we get anywhere. COMMISSIONER SAUNDERS: I'm going to ask the question one more time. Just yes or no. MR. KLATZKOW: Yes, he's aware the issue will be talked about. COMMISSIONER SAUNDERS: The question isn't is he aware. The question is, has he been officially notified in writing from the county that there is no standing in the opinion of staff, and would that be the normal procedure to do that? That's all I'm just trying to understand -- MR. KLATZKOW: He's been notified that my recommendation to the Board, my opinion to the Board, is that there is no standing. Ultimately the Board would determine that. CHAIRMAN McDANIEL: And I'm not trying to be -- I know where you're going with your question, I think. But I don't know how a formal determination -- because of the Board's necessity to make the decision, how staff, other than the recommendations within the executive summary and backup, how staff could send a formal notice of denial of standing for and until the Board makes that determination. COMMISSIONER SAUNDERS: Well, I mean, there could be an email or a letter saying staff has determined that there is no standing based on the following, and you have a right to appeal that denial of standing to the Board. I'm just wondering if there was that written communication. MR. KLATZKOW: That is not the process I followed, because that would have been a two-part process. We would have just had a hearing simply on standing, and then later we would have had a hearing potentially on the actual merits of it. COMMISSIONER SAUNDERS: So what are we doing this September 10, 2019 Page 84 morning then? Are we hearing the -- if we determine there's standing, we're still not hearing the merits. MR. KLATZKOW: No. You're going to be advertising for the hearing. CHAIRMAN McDANIEL: That would be moving on to No. 2. Are you okay? Commissioner Fiala. COMMISSIONER FIALA: Yes. Two of the things that were said today, number one, of course, you're talking about the standing, and -- but they haven't officially bought the property, but we as the county have been working on this with them for at least a couple years helping them get through the process of tearing down that tower, the cell tower, and that -- we wouldn't be doing that if they've -- you know, if we didn't expect them to be buying this. Also, they've been at our CRA meetings, and they've talked about this project and explained to us what they were doing. They've explained it to the newspapers; they've explained it to us here. So everybody knew what they were doing, my goodness. And the newspaper's carried it a number of times about the height and so forth and about having to tear down the cell tower and what are they going to do with it. I mean, to me that says they have standing because they were obviously earnestly trying to get it, but until they could tear the cell tower down, they couldn't move forward. So that's just one of the ways I'm looking at it. And then you -- Rich was also saying something about they didn't ask for a deviation from the 700. Well, probably because they expected to be building 700-square-feet rooms, so why would you deviate from it was my question. I just didn't understand that, you know. But those were my two points. CHAIRMAN McDANIEL: Would you like to ask staff about September 10, 2019 Page 85 that, Commissioner Fiala, with regard to your points? I mean, as a point -- my understanding on the contract purchaser's side of things, we haven't been helping them remove the tower. It's a requisite for us to relocate the tower and have it -- Nick, correct me if I'm wrong -- have it situated in another place as a predication for them to go forward and close. COMMISSIONER FIALA: Right. So in other words, I mean, we wouldn't be in there tearing the tower down if we didn't -- you know, if we didn't know that they were going to need it and if we weren't working with them. CHAIRMAN McDANIEL: Well, it's us as a contract seller. We are the seller of that property. It is a requisite -- a responsibility of the county CRA to relocate that tower before they have to close. It's a predication of their closing. COMMISSIONER FIALA: Yeah. So in other words, they have standing because we wouldn't be doing this if they weren't moving forward. CHAIRMAN McDANIEL: No, no. COMMISSIONER SOLIS: Can I just -- CHAIRMAN McDANIEL: Yes. Well, yes, you are first, and you're -- just as a point of clarification, personally I don't believe one has to do with the other. The requisite -- COMMISSIONER FIALA: Why would we be going in and tearing the cell tower down? CHAIRMAN McDANIEL: Well, it's a condition of the sale. COMMISSIONER FIALA: Right. That's exactly what I'm saying. And we were working with them as a condition of the sale, so that means that gives them standing, because we wouldn't be doing it if there wasn't a sale. Are we -- COMMISSIONER SOLIS: No. Commissioner Fiala, I think -- COMMISSIONER FIALA: Okay. September 10, 2019 Page 86 COMMISSIONER SOLIS: -- we're mixing apples and oranges. CHAIRMAN McDANIEL: Yes. Thank you. COMMISSIONER SOLIS: The issue that's being appealed doesn't relate to the cell tower property. CHAIRMAN McDANIEL: Correct. COMMISSIONER FIALA: No, I'm just trying to give standing. That's what I was trying to do. COMMISSIONER SOLIS: Right, but they're just -- they're a contract purchaser of an adjoining property. So this decision doesn't affect the land use of their property. It's an adjoining property owner. So the standing issue, as I see it, is does -- the decision that we make relating to the 700-square-foot minimum size and how that's applied, does it affect their property somehow? And it's not being applied against their property. They're saying it should be applied to their neighbor's property. So this decision doesn't affect the use of their property. COMMISSIONER FIALA: Oh, I see. I -- COMMISSIONER McDANIEL: So they're two -- right, there's two landowners. The decision doesn't affect the appellant's property. It affects the adjoining property. So that's where the -- it doesn't affect them, and that's the standing issue, I think, but... CHAIRMAN McDANIEL: And you didn't have your light on to talk about that. COMMISSIONER SOLIS: No, and now I'm trying to remember what I -- I had another question, and that is the -- yeah. My other question was the need to actually even clarify anything, because as I understand it, this issue, one, has never been raised before ever as to how this 700-square-foot limit has been applied, whether it applies to hotels or not. We've never applied it to hotels; is that correct? MR. CASALANGUIDA: That's correct. September 10, 2019 Page 87 MR. OCHS: That's correct. MR. KLATZKOW: We've approved hotels -- COMMISSIONER SOLIS: For years. MR. KLATZKOW: I was in the hotel business for five years, okay. Nobody builds hotels with 700-square-foot rooms. COMMISSIONER SOLIS: They're huge. MR. KLATZKOW: You're talking about penthouse suites. COMMISSIONER SOLIS: So we've never done that before. And I only raise this is -- how much of an issue is this really? Has it ever come up before, and is it worth -- other than it being raised in this one context by a party that maybe has standing or doesn't, is it worth even staff's time to amend this because, I mean, I don't see that it's ever been a question. For -- how long has this been in the code? It's been in there for decades. A long time. MR. CASALANGUIDA: Commissioners, I've been here 15 years, and we've never held the 700-foot standard. CHAIRMAN McDANIEL: My understanding was it had to do with residential units -- COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: -- not even in conjunction -- on the premise that we didn't want shoeboxes for people to live in, there was a minimum square footage set for residential uses. It didn't even pertain to hotels, but that's -- MR. KLATZKOW: The only benefit of amending the LDC -- and, Commissioner Solis, I agree with you. But the only benefit of amending the LDC is it ends this issue between these two property owners. COMMISSIONER SOLIS: That's kind of my -- you know, are we going to start amending the Land Development Code to solve neighborly disputes is -- you know, where does that -- where do we end up doing that? September 10, 2019 Page 88 COMMISSIONER TAYLOR: That's what keeps attorneys in business. CHAIRMAN McDANIEL: Shh. That was your outside voice. COMMISSIONER SOLIS: As an attorney that's no longer in the business -- COMMISSIONER TAYLOR: It does. COMMISSIONER SOLIS: -- I'll agree with you. CHAIRMAN McDANIEL: Don't say that out loud. Commissioner -- are you -- COMMISSIONER SOLIS: Anyway. I think -- isn't the first -- the determination of standing is something that the County Manager or the designee renders, because that's an interpretation, in a way, of the LDC? Because -- and I'm getting to what Commissioner Saunders had asked. MR. KLATZKOW: And what happened was staff asked my office, do they have standing? And we looked at the application, and the application is silent as to how they're harmed. And then we asked them, how were you harmed? And there was no response, so we said that there was no standing. COMMISSIONER SOLIS: Okay. So they have that response? MR. KLATZKOW: Yes. COMMISSIONER SOLIS: Okay. Okay. Because I was under the impression that they hadn't gotten an official decision that they didn't have standing. Okay. They have it. MR. KLATZKOW: No, no. It's my opinion they have no standing. I'm coming to the Board and saying this is -- for the determination for them to appeal, all right, do you believe they have standing? It's my opinion they do not have standing. MR. YOVANOVICH: May I add something, or is it inappropriate? CHAIRMAN McDANIEL: No. We're all set right now. Okay. September 10, 2019 Page 89 COMMISSIONER SAUNDERS: Mr. Chair, I'm not next, but we're on the standing. CHAIRMAN McDANIEL: Can I ask -- COMMISSIONER TAYLOR: No, I would like to discuss this, because I wanted to talk about something else. But what you're telling us, County Attorney, is the standing issue has not been addressed by the appellant? MR. KLATZKOW: They did not raise any facts or allegations in their application that would give rise to an inference that they were harmed. They could have easily said, the reason for this is that there's going to be more parking on the other property, and that parking's going to affect us because. They didn't say that. They could have said there would be more traffic. They didn't say that. They didn't say anything. COMMISSIONER SOLIS: I'll make a -- I'll make a motion. COMMISSIONER SAUNDERS: Let me ask you a question before you make the motion. COMMISSIONER TAYLOR: And then I have -- COMMISSIONER SAUNDERS: Again, I'd asked the question about whether there had been a formal written notification to the appellant concerning standing, and there has not. Now, the -- there obviously has been oral communication, and that may be sufficient as far as the commission's concerned. I'm not so sure that it is, but that may be. And I think you were looking at standing a little bit narrowly because you said there's no standing -- I don't want to put words in your mouth, but you didn't believe there was standing because the use of the neighboring property isn't affecting the use of the appellant's property. And -- COMMISSIONER SOLIS: It's not what I meant. September 10, 2019 Page 90 COMMISSIONER SAUNDERS: Okay. Well, I wrote that -- COMMISSIONER SOLIS: Decision. COMMISSIONER SAUNDERS: All right. So standing goes beyond whether it affects their use. I mean, it could affect their -- the economics of their use. Like the County Attorney said -- COMMISSIONER SOLIS: But then if that's the case, then anybody in the county could theoretically allege standing. COMMISSIONER SAUNDERS: No, because it has to be more of an impact than just a common impact on the general community. And so I think arguably an adjoining property is affected. I think every property owner that's adjacent to a rezone is affected and has standing. Just as a matter of principle I just think they do because they are affected. That doesn't mean that if you're two miles away from the zoning that you have standing. Now, I'm not opining or giving an opinion at this point as to whether I believe there's standing or not. I just want to make sure that procedurally we've done the right thing, and I think standing is much broader than just the effect on the use. That's all. CHAIRMAN McDANIEL: Can I ask him a question? COMMISSIONER SOLIS: Sure. CHAIRMAN McDANIEL: Commissioner Saunders, do you believe that the appellant has standing? COMMISSIONER SAUNDERS: I do not believe that we have provided the appellant sufficient in-writing notice that there is no standing. CHAIRMAN McDANIEL: And -- COMMISSIONER TAYLOR: Well, but -- CHAIRMAN McDANIEL: How can we -- excuse me. COMMISSIONER TAYLOR: Not that we did because we're not the Board. CHAIRMAN McDANIEL: He didn't answer my question. September 10, 2019 Page 91 COMMISSIONER SAUNDERS: Do I think -- CHAIRMAN McDANIEL: Correct. COMMISSIONER SAUNDERS: I think an affected property owner has standing generally. Now, do they allege harm? If that's required in our code, then they haven't gone that step. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: But, yes, I think an affected -- I think a property owner adjacent to a rezone has standing by virtue of the fact that they're adjacent to a rezone. Now, they may not be able to articulate any harm. CHAIRMAN McDANIEL: Right. Well -- and that was my question. And then procedurally, is it the County Attorney's opinion -- well, of a process. Because it was my understanding that this was a Board decision to make the decision of standing and then ultimately what to do to cure. How can we send a formal notice to an appellant with regard to standing other than that opinion of the attorney at that time without the Board ratifying the standing issue? MR. KLATZKOW: Commissioners, one of the things the executive summary is asking you is to make a determination, is there or is there not standing in your opinion? COMMISSIONER SOLIS: You're asking us to -- MR. KLATZKOW: I'm asking -- to make that determination. COMMISSIONER SOLIS: And then communicate it to us? MR. KLATZKOW: Well, yes. And if you determine that there's standing, then one approach you could do is, okay, direct staff to advertise the hearing, and it will be brought back. COMMISSIONER TAYLOR: I'd like to make a motion that we direct staff to advertise the hearing and bring this issue back. Because I believe in my laymen's terms, not my legal -- because I read your opinion -- I think accurately reflects the legal basis for a standing. But my common sense -- and I'm not saying that you don't September 10, 2019 Page 92 have it or the law doesn't have it. My common sense tells me these people have standing. I mean, they're -- it's -- they have standing. And so we need to bring this back to be heard. So I'd like to make a motion to that effect. COMMISSIONER FIALA: Okay. And I'll second the motion. CHAIRMAN McDANIEL: And the motion is to necessarily select Item No. 2 under recommendations with regard to elect to hear the appeal at a later date, because we are then alleging that there is standing? COMMISSIONER TAYLOR: Correct. CHAIRMAN McDANIEL: Is that correct? MR. KLATZKOW: Yes. Or you could reserve the decision to then if you want. Or you can make the decision now that there is standing; we'd like to hear it. COMMISSIONER SOLIS: Well, not to get us even farther into the weeds but, I mean, if we're going to -- I think we have to either decide the standing issue or hear the standing issue on the appeal, because that's what the appeal's about. CHAIRMAN McDANIEL: Appeal -- MR. KLATZKOW: The appeal is not about the standing issue. COMMISSIONER SOLIS: The appeal is about -- sorry. You're right. The appeal is about -- MR. KLATZKOW: Seven hundred square feet. COMMISSIONER SOLIS: Seven hundred square feet. But the issue of the standing can be appealed as well. So there may be two appeals. MR. KLATZKOW: Yep. COMMISSIONER TAYLOR: You know, may I say something? I found this distasteful that we're put in this position by two competing developers who are trying to come to a decision. I understand. I understand your position. I'm not saying I wouldn't be September 10, 2019 Page 93 in your seat if I were you doing the same thing, but it's a terrible position to put us in, terrible, because we are not -- well, exception of two -- attorneys here. You know, can you not sit down in the room together and work this out? Can we not put some kind of -- amend the LDC to reflect what we feel and have a process, maybe a three- or four-month process and put a hold on what goes forward? Can we not do this and end this? Because this is -- this is a snowball rolling down the hill that gets bigger and bigger and bigger. I just -- I need clarification, and I'm not -- I see this continuing -- CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Right. Well, here's -- I think you made a motion; is that correct? COMMISSIONER TAYLOR: I did. COMMISSIONER SAUNDERS: Here's a potential alternative: That we direct the County Attorney to issue a legal opinion to the appellant that there is not standing, if that's his determination, lay out the basis for that in writing, and then give the appellant the opportunity to appeal that to the BCC. We meet every two weeks. Bring that standing issue back after both sides have had an opportunity to evaluate the position of the County Attorney and give their legal opinion based on the County Attorney's. I understand that the County Attorney does not believe that there's standing, and I understand that that has been orally communicated to the appellant, and I understand that it's stated in our executive summary, but I don't know that there's been a formal written statement to the -- to that finding, and I think that would be the normal process, and they would appeal that and come back. We could expedite that and have them back here at our next meeting on the standing issue. CHAIRMAN McDANIEL: And that goes back to my original September 10, 2019 Page 94 question to you, and that comes over to your differentiation of a -- procedural-wise with -- and I don't want to get away from your motion yet -- but the procedural aspect of the County Attorney expressing an opinion with regard to the standing if, in fact, it procedurally is the Board's decision. How can he -- he can't do that. MR. KLATZKOW: Well, no. I mean, if the Board says, County Attorney, make the determination, I'd be happy to make the determination. That's an administrative decision. They have 30 days to appeal that administrative decision. COMMISSIONER TAYLOR: To us. MR. KLATZKOW: To you. So what you're doing is you're playing into the hands of the contract purchaser by delaying this, because his guys -- my understanding is that his client's on the contract now. So he's trying to close now. The other guy's trying to delay this. With that approach, Commissioner Saunders, we're delaying this. CHAIRMAN McDANIEL: I'm with you. I understand. And -- MR. KLATZKOW: This whole thing here is a game being played for one developer to get an economic advantage over another economic (sic). CHAIRMAN McDANIEL: We had that discussion as well. MR. KLATZKOW: And it's just -- COMMISSIONER SOLIS: I will agree with what Commissioner Taylor said. I mean, this is aggravating, to say the least, that we're here. CHAIRMAN McDANIEL: It's -- COMMISSIONER SAUNDERS: But we are here. COMMISSIONER TAYLOR: Then why isn't the appellant here? September 10, 2019 Page 95 COMMISSIONER FIALA: I don't know. COMMISSIONER SOLIS: Let me ask a question of Mr. Yovanovich, and maybe with some input from the County Attorney. CHAIRMAN McDANIEL: One second. Before you go forward, Commissioner Saunders, your light was up, and I just wanted to make sure I didn't -- thank you. COMMISSIONER SOLIS: Because this relates to what Commissioner Saunders was suggesting. If we determine that there is no standing and that is appealed, they have 30 days to appeal that? MR. KLATZKOW: No. If you determine, it goes to court. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: It goes to court. What's the -- I mean, what is the affect going to be on whatever application you have pending out there -- what's the effect of that going to be on whatever it is that's pending? MR. YOVANOVICH: Let's put it this way: For me and my client, we need to get where we're ultimately going to go. If we're going to court, let's get to court because, frankly, I've got a due diligence period on my sales contract that isn't going to survive another 60 days, and they're just gaming the system on the standing issue. COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: If we're going -- if you're going to -- if you're going to delay this, delay it the 15 days, get me in front of you on both issues, and let's put this to bed, because I'm running out of time. And if that's what their ultimate goal is is to chase away a hotel developer and have something else developed on that property, let them come and explain that to you. COMMISSIONER SOLIS: Okay. So this is -- and I'm -- I was really getting at, there's no -- there's no application that your client September 10, 2019 Page 96 has that's pending. MR. YOVANOVICH: I've got an SDP that's been approved, and I've got -- COMMISSIONER SOLIS: It's been approved. MR. YOVANOVICH: -- and I've got a contract to sell the dirt to someone who wants to build a hotel. COMMISSIONER SOLIS: Okay. Here -- here is -- having now made the sausage the way we're supposed to -- and I apologize, but I think now I understand better what the County Attorney was trying to do in his recommendations. I think we've got to bring this whole thing to a head. I think we should decide that there is no standing, and that forces that issue to be appealed, and we hear both of the appeals, if there's going to be two appeals, at the same time, and we resolve the whole thing when the appellant is here not when only one party's here, and that could be an issue. And let's just be done with this. MR. KLATZKOW: If you're going to rule that there's no standing, they're going to appeal that to court. COMMISSIONER SOLIS: To court. And -- MR. YOVANOVICH: Can I just say one other thing? COMMISSIONER SOLIS: But I'm understanding that, Mr. Yovanovich, you're okay with that? MR. YOVANOVICH: Can I -- yes. And let me say one other thing: Mr. Klatzkow has done a great job of keeping both the appellant and the appellee advised as to his formal determination that there is no standing. He let me and Mr. Grant know he was going to come to you and say he recommends there's no standing on today's agenda probably two weeks ago if not more. So there's no question that that determination has been conveyed to both me and Mr. Grant that today you were going to either ratify his determination or you weren't. September 10, 2019 Page 97 So this is just another delay attempt for an economic gain on whether or not we can go forward with what the LDC currently says and go forward with our Site Development Plan. COMMISSIONER TAYLOR: Mr. Yovanovich, the backup material in our agenda item reflects exactly what you said because of the dates of the letters going back, the arguments going back and forth. MR. YOVANOVICH: Right. There's no question they knew. CHAIRMAN McDANIEL: So there's a -- you have more to say? COMMISSIONER SOLIS: Well, I just want to -- I know there's a motion pending. CHAIRMAN McDANIEL: Yeah. Let's go ahead and vote on that. COMMISSIONER SOLIS: That was a motion to find standing or -- COMMISSIONER TAYLOR: That they have standing, to come back to us in two weeks, and we will hear the appeal about the 700 square feet. MR. YOVANOVICH: What was the question? CHAIRMAN McDANIEL: That's the motion that's been made and seconded to determine that they have standing and -- so... COMMISSIONER SOLIS: That resolves both issues and would actually not have it -- the standing issue result in going to Circuit Court. MR. KLATZKOW: You could defer the decision on standing, hear the parties during a hearing and, as part of your decision-making process, make your ruling on standing then. So you could direct staff to advertise for a public hearing and reserve all your decisions for that public hearing. COMMISSIONER TAYLOR: Two weeks? September 10, 2019 Page 98 MR. KLATZKOW: Two weeks. Well, I've got to advertise it. But we'll try to get it in two weeks, yes. COMMISSIONER TAYLOR: Well -- MR. KLATZKOW: I mean, the County Manager has a number of land-use items on the next agenda so, I mean, I hate to make the promise -- COMMISSIONER TAYLOR: So this goes down the road. COMMISSIONER SOLIS: That would appear to be the fastest way to get to a complete resolution of this thing -- CHAIRMAN McDANIEL: No. COMMISSIONER SOLIS: -- it would seem, because then there wouldn't be -- well, ultimately, they could appeal that decision as well on both issues. CHAIRMAN McDANIEL: It's all going to go to court. MR. CASALANGUIDA: Could I ask the county -- Jeff, just a quick question. If the Board were just to direct staff to do a one-line LDC amendment that says 700 square feet doesn't apply -- MR. KLATZKOW: It's a footnote. MR. CASALANGUIDA: Right. MR. KLATZKOW: It's a footnote to the LDC. It does not apply to hotel rooms. MR. CASALANGUIDA: Right. If we did that, doesn't this all go away? MR. KLATZKOW: It all goes away. COMMISSIONER SOLIS: How long would that take? MR. KLATZKOW: Two months -- MR. CASALANGUIDA: Advertising time. MR. KLATZKOW: -- hopefully. MR. CASALANGUIDA: Yeah. CHAIRMAN McDANIEL: I have to say that I agree with our County Attorney with regard to his recommendations and that we September 10, 2019 Page 99 need to bring it to a head and that the finding of standing can be determined today. It's going to be appealed one way or the other, whether it comes back to us or actually goes to court. The folks that are in -- that are appealing this, the reason they're not here is they don't really care what we're going to say because they're going to appeal -- unless we happen to agree with them, they're going to appeal it one way or the other. So the -- I concur with the County Attorney that the recommendations of 1 and 4 need to be followed. This brings it to a head and takes it out of our box, if you will, so that the parties can go on about their business; 1 and 4. But it's been moved and seconded that we go with No. 2. So we're going to go with that motion first and see how it travels. COMMISSIONER TAYLOR: Yep. Let's do that. CHAIRMAN McDANIEL: And that is a finding of -- and then -- COMMISSIONER TAYLOR: Standing. CHAIRMAN McDANIEL: -- clarification. You want to -- in your motion you are stipulating that you believe that the appellant has standing. So you're going to hear both -- you want to hear both? COMMISSIONER TAYLOR: That's right. COMMISSIONER FIALA: Yeah. CHAIRMAN McDANIEL: It's been moved and -- COMMISSIONER FIALA: By the way, you were correct when you first said this shouldn't even be in our courtroom, because this isn't a court. CHAIRMAN McDANIEL: It's not an unusual circumstance. You know, I've been in the real estate business all my life, and competing factions have issues with who gets to go up first and what they can and can't do, and this is a methodology to manage time. We're going to get to hear others in the short-term. September 10, 2019 Page 100 So it's been moved and seconded that we move forward with Recommendation No. 2, which is hear the appeal and render the determination. COMMISSIONER SAUNDERS: And this will be at our next meeting; is that -- MR. KLATZKOW: I don't know that I'd get it advertised fast enough. CHAIRMAN McDANIEL: I don't know that we can get it done by then because of an advertising issue. MR. KLATZKOW: We've got to advertise it. It will be brought to you back as quickly as possible. COMMISSIONER SAUNDERS: First meeting in October then. MR. KLATZKOW: Probably. COMMISSIONER SAUNDERS: Well, I want to make sure we're not disadvantaging -- COMMISSIONER TAYLOR: They're going to be here. CHAIRMAN McDANIEL: Somebody's getting -- COMMISSIONER SOLIS: This is the issue. CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: Well, can you get an ad in the paper yet today or tomorrow? MR. KLATZKOW: I'd like a 15-day ad, which is a problem since the next meeting's two weeks away, and usually it takes three or four days to process with the Naples Daily News. So it's probably going to be the first meeting of October. CHAIRMAN McDANIEL: All right. It's been moved and seconded -- are we okay with the -- are you clear? (No response.) CHAIRMAN McDANIEL: It's been moved and seconded that we follow with Recommendation No. 2. Commissioner Saunders, you're not allowed to jump in there September 10, 2019 Page 101 like that. Oh, we're in discussion now, that's right. COMMISSIONER SAUNDERS: I didn't jump in. I just pushed my button. CHAIRMAN McDANIEL: We are in discussion. Forgive me. COMMISSIONER SAUNDERS: I was going to ask Andy what he thought. He's pushed his button. He's probably going to ask me. CHAIRMAN McDANIEL: You guys -- well, why don't you -- I'll call on you both right now. Go. COMMISSIONER SOLIS: To find the -- I think I'm back -- I think the County Attorney's Option No. 4 is ultimately the thing that resolves it, but that's a two-month period. That's going to take two months. I really think we should -- we should just force the appeal -- there's going to be an appeal anyway. I think we have to just make the determination. COMMISSIONER SAUNDERS: Let me ask the County Attorney a question on that 700 square feet. Do we have to do an amendment, or can we do an official interpretation that basically says that? MR. KLATZKOW: Well, you could during the hearing make the determination that we do not believe the 700 square feet applies to a hotel room which is not appealable to the Court, and they'll argue that according to the ordinance it is. That's why the only thing that ends this is the footnote. COMMISSIONER SOLIS: It's like the chicken and the egg. COMMISSIONER FIALA: That's why we shouldn't even be here. COMMISSIONER SOLIS: I really think -- I really think we ought to -- I know there's a motion, but I'm really going to stress I think we need to do 1 and 4. CHAIRMAN McDANIEL: Agreed. COMMISSIONER SOLIS: And based upon my conversations September 10, 2019 Page 102 with the appellant and the fact that they're not here -- I mean, the fact that they're not here seems to imply to me that this issue they don't really care about that much because if it was really important, they would be here. CHAIRMAN McDANIEL: Right. COMMISSIONER SOLIS: So I really think that we ought to just make the determination that there's no standing. If they want to appeal that, that's fine. And we add the footnote as fast as we can to clarify the issue, and the whole thing is resolved, and we can be out of the middle of this thing. That's -- so I would ask the motion makers to please consider that because, otherwise, this thing is going to go on forever. CHAIRMAN McDANIEL: Well, no. We can take care of that all in two shakes here -- COMMISSIONER TAYLOR: Vote. CHAIRMAN McDANIEL: -- if we go ahead and vote and do it -- COMMISSIONER TAYLOR: And if it fails, there's a second. CHAIRMAN McDANIEL: Exactly. It's been moved and seconded that we follow with Recommendation No. 2. Any further discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. COMMISSIONER SOLIS: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. Motion fails 3-2. New motion, 1 and 4. September 10, 2019 Page 103 COMMISSIONER McDANIEL: Okay. I'll -- I will make a motion that we find that there is no standing in this matter and also direct staff to advertise and bring back an amendment to the Land Development Code that includes a footnote that says that the 700-square-foot minimum floor area does not apply to hotels. CHAIRMAN McDANIEL: You had to read 4, too. It's been moved and seconded -- and I'll second that motion. It's been moved and seconded that we take the County Attorney's Recommendations 1 and 4. COMMISSIONER SAUNDERS: I'll support the motion, but I just want a little clarification on the standing issue. So there's no standing because the appellant failed to state any specific harm to the appellants, not because it doesn't affect their use. But they just didn't comply with the requirements -- COMMISSIONER SOLIS: In the LDC. COMMISSIONER SAUNDERS: -- in the LDC. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: It's been moved and seconded that we go along with the Recommendations 1 and 4. You're not allowed to raise your hand. COMMISSIONER TAYLOR: I just have a quick question. The LDC recommends -- I know. Cold hands, warm heart. The LDC says that it has a way of -- that you must -- if you have harm, you must declare what that harm is, is that correct, County Attorney? MR. KLATZKOW: Yes. COMMISSIONER TAYLOR: Okay. I missed that one. That's good. CHAIRMAN McDANIEL: It's been moved and seconded. Any further discussion? (No response.) September 10, 2019 Page 104 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. And there you are. Item #12B RESOLUTION 2019-163: APPOINTING TWO MEMBERS TO THE COLLIER COUNTY PLANNING COMMISSION - RE- APPOINTING STANLEY P. CHRZANOWSKI AS THE AT- LARGE ENVIRONMENTAL MEMBER – ADOPTED; MOTION TO INTERVIEW THE OTHER TWO CANDIDATES – APPROVED MR. OCHS: Item 12B -- MR. YOVANOVICH: Thank you. MR. OCHS: -- is a request to appoint two members to the Collier County Planning Commission. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. MR. KLATZKOW: There's no recommendation. MR. OCHS: Yes. You have three applicants for two seats, correct? COMMISSIONER TAYLOR: Oh, I misunderstood. I thought -- September 10, 2019 Page 105 COMMISSIONER FIALA: No, but they only recommended two. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: Yeah. They only recommended two in the backup. MR. KLATZKOW: You have -- MR. OCHS: You still have three. MR. KLATZKOW: You have three seats. You have one nomination by Commissioner Solis for Stan Chrzanowski. There are no nominations for any other of the two applicants. COMMISSIONER SOLIS: I'll make another motion, to recommend Mr. Schmitt. CHAIRMAN McDANIEL: Yeah, I thought it was recommended that we were -- yeah, I was under the impression we were recommending Mr. Schmitt and Mr. Chrzanowski, and only one of them had the -- actually, we were -- I thought we were appointing all three and only one had the actual recommendation of the commissioner of the district. So are we supposed to pick two out of this three? MR. KLATZKOW: Two. COMMISSIONER TAYLOR: So there's a -- if we look at the -- and I misunderstood. CHAIRMAN McDANIEL: Me, too. COMMISSIONER TAYLOR: If we look at the record, the attendance record of Mr. Schmitt, for two years -- the first year, two years ago, he missed five out of 12 meetings. COMMISSIONER SAUNDERS: Who? COMMISSIONER TAYLOR: Mr. Schmitt. This last year he's missed -- a year ago he missed 50 percent of the meetings, his attendance record. COMMISSIONER FIALA: Now, last year he missed one, September 10, 2019 Page 106 right? I was looking -- COMMISSIONER TAYLOR: No, this year -- no, no. He missed six last year, this year it's only half the year, so it's not available. It's in the backup here. COMMISSIONER FIALA: Yeah, I looked. I was studying that because I was -- COMMISSIONER TAYLOR: So that's -- and I'm not trying to point -- you know, single him out and say, oh, my goodness, you know, what's really going on here, but I had heard, frankly, that he was missing a lot of meetings, and I was very pleased to see that it was in the backup. And my concern, of course, is the absences, because, I understand, he has work -- it's a volunteer board. My goodness, he has to work. But he's called out of the country on more than one occasion. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: So my question is, maybe this is a position that needs to go to someone else so that -- COMMISSIONER FIALA: I'm trying to find -- because I saw that same thing about the other person, and they didn't recommend them, but I don't see it now. COMMISSIONER TAYLOR: I'll pass it down. CHAIRMAN McDANIEL: So it's a matter of picking one of these three that have currently applied? MR. KLATZKOW: You don't have -- you can -- for example, you can pick one of them and say, you know, bring us more applications. CHAIRMAN McDANIEL: Right. MR. KLATZKOW: None of them, bring us more applications, or two of them, and we're done. It's the pleasure of the Board. CHAIRMAN McDANIEL: Okay. So the goal here today is to September 10, 2019 Page 107 pick two of the three who have, in fact, applied. MR. KLATZKOW: The goal here today is to get a decision as to what you want to do about your Planning Commission. COMMISSIONER SOLIS: Or pick one and ask for more. COMMISSIONER TAYLOR: So we have three applicants for one position -- or for two positions. CHAIRMAN McDANIEL: These are at-large positions, correct? MR. KLATZKOW: You can take a motion right now for Mr. Chrzanowski and be done with that. Then you could decide whether or not you want to keep Mr. Schmitt on. COMMISSIONER TAYLOR: I'd like to make a motion to nominate Mr. Chrzanowski for the Planning Commission. COMMISSIONER FIALA: And I'll second it. CHAIRMAN McDANIEL: It's been moved and seconded that we accept Mr. Chrzanowski's application for Planning Commission. 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. How about the other position; do you want to -- what's the pleasure? COMMISSIONER FIALA: We could go back and advertise it again, right, or -- September 10, 2019 Page 108 MR. KLATZKOW: If -- COMMISSIONER FIALA: -- or I don't know. I really wish -- I am sure that I saw someplace, I just don't know where, that they were not recommending the third fellow. MR. KLATZKOW: There's no recommendation of anybody here. This isn't -- COMMISSIONER SOLIS: It's up to us. MR. KLATZKOW: It's a quasi-judicial committee, so there's no recommendation. So you have Mr. Schmitt and you have another applicant. If you're not happy with either one of them, we'll advertise. You'll just have an open seat on the Board until it's filled. CHAIRMAN McDANIEL: Commissioner Saunders, are you familiar with Amal? COMMISSIONER SAUNDERS: I'm sorry? CHAIRMAN McDANIEL: I'm sorry. I didn't mean -- are you familiar with the candidate from -- the applicant from District 3, spoken to -- COMMISSIONER SAUNDERS: No. CHAIRMAN McDANIEL: -- familiar with at all? No. I mean -- and these are at-large positions, if I'm not mistaken, correct -- COMMISSIONER FIALA: Yes. CHAIRMAN McDANIEL: -- or are they fulfilling the -- MR. KLATZKOW: It's at-large environmental position. CHAIRMAN McDANIEL: At-large environmental position. Gotcha. MR. KLATZKOW: And if you want, you could interview a candidate, either separately amongst yourselves or just bring him in here. CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: I think that would go a long September 10, 2019 Page 109 way. CHAIRMAN McDANIEL: Readvertise for another candidate? COMMISSIONER TAYLOR: Well, we could ask the two -- Mr. Schmitt and -- or at least Ms. Rodriguez to come in and to interview her. And I hate to say this, you know, like, oh, we always did it, but in the city we always interviewed candidates before we appointed. Even candidates that we knew, we interviewed them again, because the commissioners or the council people were new sometimes, and they had specific questions. So I think that would be wonderful. MR. KLATZKOW: This is your most important board. CHAIRMAN McDANIEL: Right. COMMISSIONER FIALA: Yeah. COMMISSIONER SOLIS: I think that's a -- and we can get some feedback from Mr. Schmitt. CHAIRMAN McDANIEL: I personally am okay with Mr. Schmitt. He's done a good job. I mean, we all know that he had travels. He's a prior director of development services, if I'm not mistaken. I've watched him. He serves on our -- he serves on our ad hoc -- or the Affordable Housing Committee. I've watched -- he's very diligent with it. I'm totally okay with Mr. Schmitt coming in as far as that goes. And, I mean, his attendance record is somewhat suspect, but that also had to do with life. COMMISSIONER SOLIS: Yeah. Well -- and maybe -- but I -- and I agree with you. I really didn't appreciate that he had missed so many meetings, and -- but it would -- I would like to know from him what he sees his future travel plans as being. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SOLIS: Because if he sees it increasing -- CHAIRMAN McDANIEL: Then certainly he should resign. COMMISSIONER SOLIS: Yeah, or, you know, let's get an September 10, 2019 Page 110 idea at least what he sees for the future and if it's going to make it harder for him to attend or not. I mean, I think he's done a great job myself. COMMISSIONER FIALA: I think you're right. And you know what we should do, we should definitely approve Stan Chrzanowski today -- CHAIRMAN McDANIEL: We did that. COMMISSIONER FIALA: -- and let's invite the other two candidates in, just as Penny Taylor -- Commissioner Taylor had said, and let's interview them. COMMISSIONER TAYLOR: Yeah. COMMISSIONER FIALA: I think that's a good idea. COMMISSIONER TAYLOR: And I misspoke. The candidate that we don't know is Mr. Amal El-Hefnawy. CHAIRMAN McDANIEL: Right, not Rodriguez. COMMISSIONER TAYLOR: No. Rodriguez is -- CHAIRMAN McDANIEL: So we're not going to go out and ask for more applicants. We're just going to invite the two that are here and have submitted to come back? It's been moved -- COMMISSIONER TAYLOR: At our next meeting, right? CHAIRMAN McDANIEL: It's been moved? COMMISSIONER TAYLOR: Yes. CHAIRMAN McDANIEL: And seconded. COMMISSIONER FIALA: Yes. CHAIRMAN McDANIEL: That we invite the two other candidates to come back for a brief interview. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN McDANIEL: Aye. September 10, 2019 Page 111 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN McDANIEL: Opposed same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER TAYLOR: And maybe when they do come back, because it will be -- it could be at a time certain or something so that they won't be sitting here all day long. CHAIRMAN McDANIEL: Yeah. We'll do it early on in the day so we get through the process. COMMISSIONER FIALA: Our gentlemen there are writing furiously -- CHAIRMAN McDANIEL: Yes. COMMISSIONER FIALA: -- to comply with your wishes. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes -- I'm sorry. That takes us to Item 15, staff and commission general communications. Just a reminder that you have a workshop on October 29th regarding the Mental Health and Addiction Ad Hoc Committee recommendations for the strategic mental-health plan for the community. That's at 9 a.m. in this boardroom. And other than that, that's all that I have today, Mr. Chairman. CHAIRMAN McDANIEL: County Attorney? MR. KLATZKOW: I've said enough for one day. CHAIRMAN McDANIEL: More than regular, I will say. How about our Clerk of Courts? THE CLERK: Thank you, Commissioner. Nothing today. September 10, 2019 Page 112 CHAIRMAN McDANIEL: Glad to have you, by the way. THE CLERK: Thank you. COMMISSIONER SOLIS: I will keep it brief, because I've said way too much already myself. I just want to mention that the ad hoc committee is -- that we're going to have the workshop on in October is doing an amazing job. I mean, I was somewhat skeptical as to whether or not they could come up with a strategic plan on something so complicated as the mental-health issue and addiction issue that we're facing, and they're getting it done. CHAIRMAN McDANIEL: Good. COMMISSIONER SOLIS: And I was remiss in not thanking Michelle McCloud from the City Council that was here accepting one of the proclamations for her service on that committee, because she's been a very important part of that. And I'll point out again that the consultant that was -- that is helping put the strategic plan together has commented again that -- how amazing it is that all of these different organizations and agencies are working together with -- working together so collaboratively to come up with this plan with no, you know, turf kind of concerns. It's -- we are extremely lucky in Collier County to have so many involved in this that are just concerned with doing the right thing for the county. And he also said that he'd never seen that in all the time that he's been doing this. That's the second consultant that's said that. So I think it's a great testament to the folks in the county, how important this issue is, and how hard everyone is working to solve it. CHAIRMAN McDANIEL: Thank you. Commissioner Fiala? COMMISSIONER FIALA: That's wonderful. Nothing. Good to be back and see everybody. September 10, 2019 Page 113 CHAIRMAN McDANIEL: Good to have you back. I hear you're going back for a wedding? COMMISSIONER FIALA: Yeah, going back for a wedding in October. COMMISSIONER TAYLOR: In Amish country? CHAIRMAN McDANIEL: Oh, yes. COMMISSIONER FIALA: Yeah. But the Amish get married on Tuesday, Wednesday, or Thursday, so I won't be missing a meeting. CHAIRMAN McDANIEL: Milk the cows. Commissioner Saunders. COMMISSIONER SAUNDERS: I do have one question for the County Attorney and maybe a suggestion. In our ordinance dealing with smoking in public buildings and all, do they cover vaping? And if they don't specifically cover vaping, which I'm sure they don't, I would like to see us bring back an ordinance, amendment, or whatever policy amendment we need to make sure that wherever we limit smoking cigarettes that we also eliminate vaping. MR. KLATZKOW: We can look into that, sir. COMMISSIONER FIALA: That's a good one. CHAIRMAN McDANIEL: You also -- just to make a point, you also have to be cognizant of the card-holding medical cannabis consumers who can, in fact, vape, and that is a medication. So caution as you're going forward. COMMISSIONER SAUNDERS: I don't know that with medical marijuana and the vaping you can do that in public anyway. CHAIRMAN McDANIEL: I think you can. But just as a note. It's a -- I like the idea of taking care of the vaping aspect. COMMISSIONER SAUNDERS: Whatever -- you know, if there has to be a limitation if you've got a medical marijuana card, that's okay, fine, but I'd like to see us ban vaping in our public spaces. September 10, 2019 Page 114 CHAIRMAN McDANIEL: Good idea. Anything else? COMMISSIONER SAUNDERS: No. CHAIRMAN McDANIEL: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: Yeah, a couple of things. I first wanted to thank my assistant, Sherry Greco, and Aimee Trochessett and also Chris Montolio who's the graphic specialist, because with their hard work we put together an analysis of the agenda by district, and it's -- it will be available for everyone. We posted it to our website. This -- right before -- I guess it was Friday before this meeting, but the intention is to -- it was a labor of love and a gnashing of teeth and a tearing of hair, but it got done, and now we're going to make this a little more streamlined, and it will be available to all the commissioners. COMMISSIONER SOLIS: I'm sorry. What is it? COMMISSIONER TAYLOR: It's an analysis of the agenda by district. CHAIRMAN McDANIEL: We had already done that. COMMISSIONER TAYLOR: I think Sue does it for you, but now -- CHAIRMAN McDANIEL: She was pulling things off specifically for District 5, but we'd already -- staff had already come through and delineated -- COMMISSIONER TAYLOR: No, it's visually now. Not only -- not only by what we get where it says. Now we're -- now each agenda item is listed whether it's District 1, District 2 -- CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: -- all districts at the beginning. So we actually reformatted the agenda to make it easier for folks -- CHAIRMAN McDANIEL: To find the things? COMMISSIONER TAYLOR: -- to find the things. CHAIRMAN McDANIEL: I thought we'd already talked about September 10, 2019 Page 115 doing those things, Leo. MR. OCHS: You asked us to identify in the agenda index the commission district that's affected by the item, which is in there. COMMISSIONER TAYLOR: Which is there. CHAIRMAN McDANIEL: Right. COMMISSIONER TAYLOR: But it's at the end. COMMISSIONER FIALA: Do you have something in writing that we can see? COMMISSIONER TAYLOR: Yeah, yeah. In fact, I'll get Sherry to make sure everybody gets it. COMMISSIONER FIALA: Good. COMMISSIONER TAYLOR: So the most exciting thing, part of this, is that we had 202 clicks on this agenda page since we posted it on Friday. Seventy-nine of those folks clicked to find out what district they're in. Isn't that wonderful? COMMISSIONER FIALA: Yeah, yeah. COMMISSIONER TAYLOR: And three shares to Facebook. But I like the fact that almost a third of the people, a little bit more than a third of the people really wanted to clarify where they lived. So to me it just -- it enhances voter participation, and that's what we -- that's what we want, taxpayers' participation whether they vote here or not. Second thing, the discussion about painting the benches brings me back to the CRA and the concept of murals. And we have a strategic arts plan that will be unveiled, I understand, in January, so it's right here. So I'd like to see if there's consensus on this board that we -- not cease and desist, but, you know, abey -- put any kind of mural effort in abeyance until the strategic plan comes forward, because if you think that advertising on benches can look bad, not everyone's an artist, and sometimes these things go the wrong way. September 10, 2019 Page 116 So I think there has to be standards. It needs to have a public arts feeling. There has to be a framework around it. So that's what I'd like to see if I have consensus of my colleagues. COMMISSIONER SAUNDERS: Quick question, Mr. Chairman. CHAIRMAN McDANIEL: Commissioner Saunders, please. COMMISSIONER SAUNDERS: Are there any murals that are currently underway? I mean, I'd hate to see us do something that's going to stop somebody in the middle of something. So if it can apply only to anything new from this date forward until January, I don't have an issue with that -- COMMISSIONER TAYLOR: Yep. COMMISSIONER SAUNDERS: -- but if there's something already -- that's gone through the work -- because I think there's a process that we have for approval of those right now. If it's already gone through that process or is in that process, I wouldn't want to stop it. COMMISSIONER TAYLOR: Yeah. I don't think there's anything, and I think the area would probably be maybe Immokalee and the CRA and also the CRA on Bayshore. I think that's where it is. COMMISSIONER FIALA: Yeah. COMMISSIONER TAYLOR: So I don't think there's anything. But I know they're hard -- you know, everyone is -- they've named themselves the Bayshore Arts District; some people have. Then we have the Naples Art District, which is the one off of Pine Ridge and, you know, the Immokalee. So I think that it would help us. It's not a year. It's only -- let's hear from the community, which is what the strategic art plan is going to do. COMMISSIONER FIALA: Did you bring that up already at a CRA meeting? September 10, 2019 Page 117 COMMISSIONER TAYLOR: No, I haven't. You got me thinking today. COMMISSIONER FIALA: Oh. COMMISSIONER SAUNDERS: Would it make sense to have this as an agenda item at our next meeting so if there is some impact that we're not aware of that -- CHAIRMAN McDANIEL: I think I'd -- I would rather see that. I'm scared of making on-the-fly consensus determination about people's rights. I believe we have a process in place -- please don't make a face while I'm speaking. I try not to while you are. COMMISSIONER TAYLOR: It's not your right to paint on your building. CHAIRMAN McDANIEL: I understand that. But I'm entitled to my opinion whether you choose to agree with them or not. And I want to make sure that if there is a public opinion with regard to those murals -- because, as you said, it does impact my community in Immokalee. COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: And we have been very aggressive in bringing the Immokalee folks to Immokalee to find out what the community, in fact, wants. I know we have a process in place. And I think having an actual agenda item is a far better way to manage that as opposed to a consensus item to delay any continuing activity. COMMISSIONER TAYLOR: Well, it's not to delay anything. It's just to postpone any kind of mural activity. CHAIRMAN McDANIEL: What's the difference between postpone and delay? COMMISSIONER TAYLOR: Postpone is the wrong word. To preempt any -- CHAIRMAN McDANIEL: Okay. COMMISSIONER TAYLOR: -- single individual deciding that September 10, 2019 Page 118 they want to paint on all the benches because they heard us talk about bench painting today. CHAIRMAN McDANIEL: Bring it back as an agenda item, and I'm okay with it. But consensus is an issue. COMMISSIONER FIALA: I think it's important for the CRA to be discussing that, because they've discussed it many times with murals, and they have -- COMMISSIONER TAYLOR: Yep. COMMISSIONER FIALA: -- varying opinions about them. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: They're from one end to the other end, so... COMMISSIONER TAYLOR: Right. CHAIRMAN McDANIEL: And I have a different opinion all the time when I get to see -- COMMISSIONER FIALA: Actually, I'm agreeing with you this time. CHAIRMAN McDANIEL: Outstanding. Finally. COMMISSIONER TAYLOR: She said. CHAIRMAN McDANIEL: Finally, finally. COMMISSIONER FIALA: Well, listen, mark that up someplace. CHAIRMAN McDANIEL: Somebody write that down. COMMISSIONER SAUNDERS: I would agree to put this on the agenda for the next meeting so that everybody is aware of what we're talking about. CHAIRMAN McDANIEL: Agreed. COMMISSIONER TAYLOR: That's fine. COMMISSIONER FIALA: And just let me ask: As long as you're talking about the arts, I know that this is, like, the start of, but we're going to -- we're going to have a piece of sculpture that's September 10, 2019 Page 119 coming in in November or December -- CHAIRMAN McDANIEL: Right. COMMISSIONER FIALA: -- and there's going to be a fanfare as it's on 951 -- CHAIRMAN McDANIEL: Seventy-five. COMMISSIONER FIALA: -- right before U.S. 41. And so that's like our donation to -- not ours. The many people who have donated -- to the arts program that we are promoting. I think it's a good idea, and I'm hoping that it will incite/incentivize many people to add some public art. That's what I'm talking about is public art. That would be nice. COMMISSIONER TAYLOR: And so then my response to that because I was again -- and I keep going back, but in 2002 on the City Council the concept of public art came up, but we formed a public arts advisory board because, again, everybody thinks -- not everybody, but some folks feel that they're artists, and it's -- and then not only -- CHAIRMAN McDANIEL: Some are better than others. COMMISSIONER TAYLOR: Not only that, but you have it -- for instance, a sculpture, but no one takes it -- there's a maintenance involved, and it can get expensive over years. So there's a lot of -- and then there's insurance and all those things. So there's a cost involved with public arts, and I think it would be really advisable to have a public arts advisory board in the county, and hopefully that will come out of the discussions at the strategy arts plan. And I assume every of our commissioners are going to have their own meetings about it. Right? CHAIRMAN McDANIEL: Well, I've directed them to come off to District 5 in a different path as opposed to trying to have one pep rally. COMMISSIONER TAYLOR: Have a meeting, okay, good. September 10, 2019 Page 120 But they should have been in touch with everybody, right? CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: Okay. And then, finally, so that -- and this is not a controversial issue at all. I'd like to see if we can have staff present on growth and the return on investment of growth, the ROI of growth in Collier County. Now, you can scratch your heads a little bit and wonder what we're going to do, but we heard from Mr. Minicozzi, and he'd be a great asset in this process. But, clearly, we are in a position now where we're growing, and it's important, and we're very dependent on a general fund that supplies the revenue for -- from the -- from taxes. And I understand that. But I need to understand what the nexus is between when we start to lose money, because all we're doing is kind of chasing that wheel. We keep -- oh, we've got to -- we've got to do this, we've got to do that because it's going to build up our General Fund. But what about the impact fees not paying for growth because they're not high enough and we're regulated on that? So it's a very complex problem, but I've been thinking about it over the summer, so I'd like to see if -- not any time soon, but to let you present to us the return on investment of growth in Collier County. What is it? Give us the figures, the data. Not controversial at all. MR. OCHS: That's one vote. CHAIRMAN McDANIEL: Yeah. I was going to say there's one -- go ahead, Commissioner Solis. COMMISSIONER SOLIS: How do you measure the return? What are you referring to? COMMISSIONER TAYLOR: You know, we've got to, right? COMMISSIONER SOLIS: But I'm asking. I mean, I'm -- it's a question. I mean, what -- how do you -- return in what sense? September 10, 2019 Page 121 COMMISSIONER TAYLOR: The -- are the people here paying for growth for the future, our residents? Are they -- are we speculating on the future? Are we allowing development to tell us how we should grow instead of the way we should grow? All those questions are critical to our future and encompass a lot of what we're doing right now. So to me to have an analysis of it, perhaps -- you know, perhaps we go back to Urban 3 and Joe Minicozzi and ask. I mean, he's already pointed out the -- you know, where the tax money's coming from Collier County. Basically the return on investment is the gulf, the gulf coast folks. And so the issue is, what is our return on investment for the kind of development we're planning in the future, for what's here right now? What kind of impact fees -- does impact fees really pay for growth going forward, or are we always playing catch up? And I don't mean Ketchup like you put on a hamburger. So, yeah, I just had -- I think it might be a fascinating conversation. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I'm not going to support that right now for a couple of reasons. The first and primary reason is we've got staff that, quite frankly, we are piling lots and lots of important stuff on, and I don't want to divert staff's attention from things that we need to conclude, like the amateur sports facility, like the Golden Gate Golf Course issues, the veterans nursing home, the issue that Commissioner Solis is working on with the mental-health facility. Commissioner Fiala's working on the plans for East Naples and development. There's a lot of stuff there, and I just don't want to divert staff's attention at this point, so I'm not going to support another additional issue. September 10, 2019 Page 122 Now, I would welcome some analysis from Commissioner Taylor as to what it is that she's trying to accomplish with that, and then I would certainly reconsider that. But just based on a return of investment of development, I'm going to pass on that one. COMMISSIONER TAYLOR: I would love to do that. CHAIRMAN McDANIEL: I was going to suggest that -- COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: -- that you do your own analysis and do what you need to do in order to ascertain and put your opinions forward with regard to that, because I concur with Commissioner Saunders that we have a lot of things that we need to take priority. So I'm not counting three heads or three nods -- COMMISSIONER TAYLOR: No, there's not. CHAIRMAN McDANIEL: -- to go forward with that, have it as a discussion. COMMISSIONER TAYLOR: But is there -- are there three nods that I can do my own analysis of that? CHAIRMAN McDANIEL: You can do whatever you want. COMMISSIONER SAUNDERS: You can always do that. CHAIRMAN McDANIEL: You don't have to ask permission. COMMISSIONER SAUNDERS: You only need one nod -- CHAIRMAN McDANIEL: Yeah. I was going to say, you could just do that after I hit the gavel. COMMISSIONER TAYLOR: Well, you know, you can always gavel me quiet. COMMISSIONER FIALA: No, we can't. CHAIRMAN McDANIEL: That doesn't work real well. I tried. COMMISSIONER TAYLOR: And then, finally, I'd like to see if we can -- and there's yet to be a decision yet about whether this is going to be a workshop or an agenda item. But if it is an agenda item, I'd like to make sure that we have consensus to have a time September 10, 2019 Page 123 certain for the white paper for the RLSA, because you, as the chairman, this year would make that decision, and I just want to make sure that if it is incorporated within a -- CHAIRMAN McDANIEL: I have already given instruction to our County Manager, should we hear anything -- and any of my colleagues wish to have a time certain put upon it, they don't need to have my permission or even ask me. COMMISSIONER TAYLOR: Okay. CHAIRMAN McDANIEL: So if you want to see a time certain on that, set it up, as long as your County Manager concurs. COMMISSIONER TAYLOR: Well, depending if it's a workshop. If it's a workshop, it doesn't matter. CHAIRMAN McDANIEL: That's not even my decision. If we think a time certain is important, you have that right to ask for and should receive it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Absolutely. All of us do. Are we all set? COMMISSIONER TAYLOR: That's it. CHAIRMAN McDANIEL: Okay. I have two things: Number one, there was a rather contentious issue came forward with one of my citizenry in Chokoloskee to rename the Chokoloskee Bridge to the William Joseph Brown Bridge. You didn't find that to be such a great idea. I want you to know that Kenny Brown and I went and met with Chairman Bill Cypress and had a discussion just to the -- just to let the tribe know that our intentions were not ill; that Mr. Brown was one of the original founders of -- or settlers of the island, and virtually everyone in the neighborhood down there is related, so -- but -- and it was really cool because it turns out that Chairman Billy Cypress and Kenny Brown were elementary schoolmates in -- September 10, 2019 Page 124 COMMISSIONER TAYLOR: Yeah. CHAIRMAN McDANIEL: -- sixth and seventh grade in Everglades City, so we had two hours of old home week, so it was pretty nice. COMMISSIONER FIALA: That was fun. CHAIRMAN McDANIEL: So there was a compromise discussed, and we'll bring that forward should it meet with approval. The other subject has to do with our County Manager's discussion about the 29th workshop. I -- as chair -- as you know, you receive a lot of things for and on behalf of the Board of County Commissioners as chairman. I received a letter of suggested contribution to the county with regard to five acres of land over by David Lawrence Center, and I wanted you to know -- I can make copies of this available to you if it hasn't already been, but I wanted you to be made aware that it's the consensus of staff for us to have this discussion with regard to that contribution in the workshop in October and not do anything in advance with regard to that. COMMISSIONER FIALA: In other words, to build an even better facility than what they were going to build there, right? CHAIRMAN McDANIEL: Correct. COMMISSIONER FIALA: Oh, that's great. CHAIRMAN McDANIEL: The contribution comes with stipulations to its use, and that's where there was some generated concern. And without having the input of the mental -- the ad hoc committee that's coming up with our mental-health plan for the county, staff's recommendations with regard to future plans for campus operations and so on that -- we were going to table this discussion for and until that workshop in October. But I wanted to -- COMMISSIONER SOLIS: I don't know that I've seen that letter. CHAIRMAN McDANIEL: You haven't because it came to September 10, 2019 Page 125 me -- COMMISSIONER McDANIEL: Okay. CHAIRMAN McDANIEL: -- as the chair. And I think -- I just got it yesterday. Well, I mean -- MR. OCHS: Yeah. CHAIRMAN McDANIEL: -- it was dated in October 26th, but it comes -- it was sent straight -- COMMISSIONER TAYLOR: Who's giving land or who wants to donate land? CHAIRMAN McDANIEL: The foundation for David Lawrence, the David Lawrence Foundation, which is a separate organization than that David Lawrence Center owns five acres on the other side of the church to the east of where David Lawrence currently is located. COMMISSIONER SOLIS: Does the letter say anything about the litigation between -- CHAIRMAN McDANIEL: No. COMMISSIONER SOLIS: -- the Center and the Foundation over that property? MR. OCHS: There is a reference to that in the letter. COMMISSIONER SOLIS: Is there? MR. OCHS: Yeah. And we'll get that to you -- CHAIRMAN McDANIEL: Oh, it does. It actually delineates the case and the litigation that's in there. I just -- again, it was -- I was -- we had talked about it yesterday during staff meetings. I wanted you to be made aware of it. We will make sure everybody gets copies of it, including the court reporter. And I have stretched her way past, way past. COMMISSIONER TAYLOR: Well, I'd like to compliment our chairman for getting this meeting over at 12:36. COMMISSIONER FIALA: Yeah. September 10, 2019 Page 126 CHAIRMAN McDANIEL: Well, it's no compliments to me. It's all in cooperative effort. So with that, we are adjourned. ***** **** Commissioner Fiala moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 – Moved to Item #11C (Per Agenda Change Sheet) Item #16A2 CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND SBP HOLDINGS, LLC, FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN 109TH AVENUE PUBLIC RIGHT-OF-WAY. (DISTRICT 2) – THERE IS NO COST TO COLLIER COUNTY ASSOCIATED WITH THIS PROPOSAL; SBP HOLDINGS, LLC, IS RESPONSIBLE FOR ALL RECORDING FEES Item #16A3 CHAIRMAN TO EXECUTE TOURIST DEVELOPMENT TAX GRANT AGREEMENT FOR 2019/2020 WITH THE CITY OF NAPLES FOR BEACH MAINTENANCE FOR A NOT TO EXCEED AMOUNT OF $191,000. (DISTRICT 4) – AN ANNUAL AGREEMENT ENTERED INTO BY THE COUNTY AND CITY EACH YEAR September 10, 2019 Page 127 Item #16A4 RECOGNIZING AND APPROPRIATING REVENUE FROM INSURANCE CLAIM RECOVERIES TO THE LANDSCAPE OPERATION FUND (112), IN THE AMOUNT OF $44,681.74 FOR FISCAL YEAR 2019 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) – WILL ALLOW FOR THE PURCHASE OF MATERIAL NEEDED TO MAKE THE ASSOCIATED REPAIRS Item #16A5 AMENDMENT NO. 2 TO THE 2017 AGREEMENT WITH THE CITY OF NAPLES GRANT APPLICATION FOR THE SOUTH BEACH PARK IMPROVEMENT; EXTEND IT TO FEBRUARY 1, 2020, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (DISTRICT 4) – DUE TO UNFORESEEN DELAYS IN THE BID PROCESS, THE UPCOMING SUMMER BREAK AND OTHER CIRCUMSTANCES THE PROJECT WILL NOT BE COMPLETED BY THE DEADLINE OF SEPTEMBER 30, 2019 Item #16A6 CHAIRMAN TO EXECUTE CHANGE ORDER NO. 1 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AGREEMENT NO. 19CO1 WIGGINS PASS INLET MANAGEMENT PLAN INCREASING THE AMOUNT OF STATE FUNDING AVAILABLE FOR REIMBURSEMENT AND MAKE A FINDING THAT THIS ITEM September 10, 2019 Page 128 PROMOTES TOURISM. (DISTRICT 2) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A7 CHAIRMAN TO EXECUTE AGREEMENTS NO. 19CO2 AND NO. 19CO3 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS FOR HURRICANE IRMA RECOVERY PROJECTS FOR THE COLLIER COUNTY BEACHES AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (ALL DISTRICTS) Item #16A8 RELEASING A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $127,224.20 FOR PAYMENT OF $724.20 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. KERI C. JOHNSON, RELATING TO PROPERTY LOCATED AT 8137 RONDA CT, COLLIER COUNTY, FLORIDA. (DISTRICT 2) – THE PROPERTY WAS ACQUIRED VIA A FORECLOSURE SHORT SALE; THE NEW OWNER TOOK TITLE TO THE PROPERTY UNAWARE OF THE EXISTING VIOLATIONS Item #16A9 RELEASING A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $22,711.90, FOR PAYMENT OF $1,611.90, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. PELICAN RIDGE September 10, 2019 Page 129 OF NAPLES ASSOCIATION, INC., CASE NO. CESD20170001945, AND INCIDENTALLY, ALSO RESOLVE A PENDING APPEAL. (DISTRICT 2) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A10 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $131,780 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080.12, PL20160002229 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 10, LAKES 6C, 2A, 2D, 2E AND 2F. (DISTRICT 4) Item #16A11 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $89,700 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.155, PL20170000920 FOR WORK ASSOCIATED WITH ADDISON PLACE. (DISTRICT 3) Item #16A12 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $1,000,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.101-1, PL20140001878 FOR WORK ASSOCIATED WITH WINDING CYPRESS UNIT TWO, AND EXCAVATION PERMIT NUMBER 60.101-2, PL20150001600 FOR WORK ASSOCIATED WITH WINDING CYPRESS PHASE 2. (DISTRICT 1) September 10, 2019 Page 130 Item #16A13 CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $10,710 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20100000942) FOR WORK ASSOCIATED WITH BEAUMARIS. (DISTRICT 1) Item #16A14 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $59,500 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20180001531) FOR WORK ASSOCIATED WITH ABACO POINTE (F/K/A 951 VILLAS). (DISTRICT 5) Item #16A15 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $3,260 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20150002387) FOR WORK ASSOCIATED WITH RACETRAC AT DAVIS. (DISTRICT 3) Item #16A16 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $8,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK September 10, 2019 Page 131 AUTHORIZATION (EWA) (PL20180003718) FOR WORK ASSOCIATED WITH SIENA LAKES. (DISTRICT 2) Item #16A17 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $43,660 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20170003429) FOR WORK ASSOCIATED WITH THE CREST AT NAPLES. (DISTRICT 1) Item #16A18 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $27,740 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20170004177) FOR WORK ASSOCIATED WITH THE SPRINGS AT HAMMOCK COVE. (DISTRICT 4) Item #16A19 CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $19,200 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20160003068) FOR WORK ASSOCIATED WITH THRIVE AT NAPLES. (DISTRICT 4) Item #16A20 September 10, 2019 Page 132 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $1,520 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20170002291) FOR WORK ASSOCIATED WITH 808 WIGGINS PASS. (DISTRICT 2) Item #16A21 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $15,000 WHICH WAS POSTED AS A GUARANTY FOR WORK WITHIN THE COUNTY RIGHT-OF- WAY; PERMIT PRROW20180213800. (DISTRICT 2) Item #16A22 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $15,000 WHICH WAS POSTED AS A GUARANTY FOR WORK WITHIN THE COUNTY RIGHT-OF- WAY; PERMIT PRROW20170833821. (DISTRICT 1) Item #16A23 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE WATER UTILITY FACILITIES FOR THE COLLIER COUNTY AGRICULTURAL CENTER AT COLLIER COUNTY FAIRGROUNDS, PL20190000345. (DISTRICT 5) Item #16A24 September 10, 2019 Page 133 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR THE DUNES CLUBHOUSE, PL20190001256. (DISTRICT 2) – LOCATED OFF BLUEBILL AVENUE AND VANDERBILT DRIVE Item #16A25 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE GOLF & COUNTRY CLUB OF NAPLES - PPL #3, PARCELS K1/K2, PL20170003802 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 3) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JUNE 20, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A26 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR COACH HOMES I AT ESPLANADE, PL20170003803 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $14,262.39 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 3) – September 10, 2019 Page 134 A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JUNE 20, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A27 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR MOORINGS PARK AT GRANDE LAKE PHASE ONE AND TWO, PL20190000718. (DISTRICT 4) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JUNE 25, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A28 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE SEWER UTILITY FACILITIES FOR O’REILLY AUTO PARTS, PL20180001837 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,635 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 4) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 15, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE September 10, 2019 Page 135 Item #16A29 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR AMARANDA AT FIDDLER’S CREEK, PL20180000817 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $27,270 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 24, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A30 FINAL ACCEPTANCE AND ACCEPT CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR FOXFIRE GOLF COURSE MAINTENANCE FACILITY M1, PL20190001220. (DISTRICT 4) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 3, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A31 September 10, 2019 Page 136 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER’S CREEK PHASE 4 UNIT 2-2, AND LAGOMAR PHASE 1, 1A AND 2, PL20140000912 AND PL20140001213 RESPECTIVELY, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BONDS IN THE TOTAL AMOUNT OF $8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT. (DISTRICT 1) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 18, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A32 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES FOR FPL GOLDEN GATE SERVICE CENTER REDEVELOPMENT PROJECT, PL20180002461. (DISTRICT 3) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF JULY 29, 2019, IN COORDINATION WITH PUBLIC UTILITIES AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A33 September 10, 2019 Page 137 RESOLUTION 2019-149: FINAL ACCEPTANCE OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS FOR A PORTION OF THAT ROADWAY KNOWN AS CR 951/COLLIER BOULEVARD NORTH, FROM WEATHERSTONE DRIVE TO TORRE VISTA LANE, APPROXIMATELY 1,800 FEET OF TWO- LANE ROADWAY, PRROW20150619712. (DISTRICT 3) Item #16A34 RESOLUTION 2019-150: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SIRACUSA, APPLICATION NUMBER PL20140001844, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY. (DISTRICT 1) Item #16A35 RECORDING THE MINOR FINAL PLAT OF DORADO AT FIDDLER’S CREEK, APPLICATION NUMBER PL20180002932. (DISTRICT 1) – LOCATED WITHIN THE MARCO SHORES/FIDDLER’S CREEK PUD Item #16A36 RECORDING THE MINOR FINAL PLAT OF DEL WEBB NAPLES PARCEL 112C REPLAT, APPLICATION NUMBER PL20190001014. (DISTRICT 5) – LOCATED WITHIN THE AVE MARIA SRA Item #16A37 September 10, 2019 Page 138 RECORDING THE AMENDED FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 6B, (APPLICATION NUMBER PL20190000868) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5) – W/STIPULATIONS Item #16A38 RECORDING THE FINAL PLAT OF ESPERANZA PLACE – PHASE 2, (APPLICATION NUMBER PL20190000598) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5) – W/STIPULATIONS Item #16A39 RECORDING THE FINAL PLAT OF DEL WEBB WAY EXTENSION, (APPLICATION NUMBER PL20180003111) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5) – W/STIPULATIONS Item #16A40 RECORDING THE MINOR FINAL PLAT OF TEAK WOOD ACRES, APPLICATION NUMBER PL20180001605 (DISTRICT 3) – LOCATED AT 5190 TEAK WOOD DRIVE September 10, 2019 Page 139 Item #16A41 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 32, BLOCK A, NAPLES MOBILE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 10, PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNTY. (DISTRICT 4) – TO ALLOW FOR A SET OF CONCRETE STEPS TO ENCROACH APPROXIMATELY 3 FEET INTO A 15-FOOT WIDE DRAINAGE AND UTILITY EASEMENT Item #16A42 RESOLUTION 2019-151: SUPPORTING THE COUNTY’S APPLICATION TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LONG RANGE BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT PROJECTS FOR FISCAL YEAR 2020/2021. THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST SHARE FUNDING FOR FUTURE RENOURISHMENT PROJECTS. (ALL DISTRICTS) Item #16A43 RECOGNIZING A PUBLIC TRANSIT GRANT AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COLLIER METROPOLITAN PLANNING ORGANIZATION THAT INCLUDES FEDERAL PASS- THROUGH 49 USC § 5305(D) FUNDING AND TO AUTHORIZE NECESSARY BUDGET AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF $130,387 AND A LOCAL MATCH IN THE AMOUNT OF $14,487. (ALL DISTRICTS) – A September 10, 2019 Page 140 LOCAL MATCH REQUIREMENT IS MET BY FUNDING PROVIDED BY COLLIER COUNTY, CITY OF NAPLES AND CITY OF MARCO ISLAND WHICH EQUATE TO $9,054, $3,622, AND $1,811 RESPECTIVELY Item #16A44 THE BOARD TO HEAR LAND DEVELOPMENT CODE AMENDMENTS AT TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND WAIVE THE NIGHTTIME HEARING REQUIREMENT. (ALL DISTRICTS) – HEARINGS TO BE HELD ON TUESDAY, OCTOBER 8, AND TUESDAY, OCTOBER 22, 2019 Item #16B1 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY, TO UPGRADE WATER LINES AND INSTALL/UPGRADE OF FIRE HYDRANTS ON COCO AVENUE, ARECA AVENUE, BASIN STREET, CANAL STREET AND CAPTAINS COVE IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA. (DISTRICT 1) Item #16B2 A BUDGET AMENDMENT IN THE AMOUNT OF $86,000 TO FUND A HURRICANE IRMA RELATED WORK ORDER FOR REPAIRS TO BAYSHORE DRIVE DECORATIVE LIGHTING. (DISTRICT 4) – TO REPAIR AND REPLACE EXISTING LIGHT September 10, 2019 Page 141 FIXTURES ON BAYSHORE DRIVE AND SOUTH BAYSHORE DRIVE DAMAGED BY HURRICANE IRMA Item #16C1 AUTHORIZING EXPENDITURES FOR THE SOLE SOURCE PURCHASE OF CERTAIN LABORATORY PARTS, SUPPLIES AND SERVICES FROM IDEXX DISTRIBUTION, INC., IN AN AMOUNT NOT TO EXCEED $150,000 PER YEAR, FOR A PERIOD OF FIVE (5) YEARS. (ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 THREE (3) AGREEMENTS FOR REQUEST FOR QUALIFICATION #19-7527, “ELECTRICAL CONTRACTORS WITH PUBLIC UTILITIES SPECIALIZATION,” TO: TECHNICAL MANAGEMENT ASSOCIATES, INC., SIMMONDS ELECTRICAL OF NAPLES, INC., AND HART’S ELECTRICAL, INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE AGREEMENTS WITH THE AWARDED CONTRACTORS. (ALL DISTRICTS) – TO QUALIFY VENDORS WITH A PUBLIC UTILITIES SPECIALIZATION TO PERFORM ELECTRICAL SERVICES IN A FAIR AND COMPETITIVE MANNER AND IN ACCORDANCE WITH THE PROCUREMENT ORDINANCE Item #16C3 AN AGREEMENT FOR INVITATION TO BID #19-7590, "SOUTH COUNTY REGIONAL WATER TREATMENT PLANT BELT FILTER PRESS REPLACEMENT" (PROJECT NO. 70136), September 10, 2019 Page 142 TO PWC JOINT VENTURE LLC, IN THE AMOUNT OF $602,825, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (ALL DISTRICTS) Item #16C4 TERMINATING CONTRACT #16-6639, “VARIABLE TDS REVERSE OSMOSIS CONCEPTUAL DESIGN,” WITH JACOBS, INC., FORMERLY CH2M HILL ENGINEERS, INC. (PROJECT #70104). (ALL DISTRICTS) – AS DETAILED IN EXECUTIVE SUMMARY Item #16C5 RECOGNIZING AND APPROPRIATING REVENUE TO FACILITIES MANAGEMENT DIVISION'S GENERAL MAINTENANCE PROJECT NO. 52525, IN THE AMOUNT OF $66,028.09 FOR FISCAL YEAR 2019 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) – FOR MAINTENANCE, REPAIR, CAPITAL REPLACEMENT, AND CONSTRUCTION OF COUNTY OWNED BUILDINGS AND FACILITIES Item #16D1 AN “AFTER-THE-FACT” THIRD AMENDMENT, ATTESTATION STATEMENT AND BUDGET AMENDMENT FOR THE OLDER AMERICANS ACT PROGRAM (OAA) TITLE III FROM AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) TO REFLECT THE FINAL FY18 September 10, 2019 Page 143 GRANT FUNDING AMOUNT. (NET FISCAL IMPACT: $16,022.57). (ALL DISTRICTS) Item #16D2 “AFTER-THE-FACT” AGREEMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AAASWFL), COMMUNITY CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE INITIATIVE (ADI) AND HOME CARE FOR THE ELDERLY (HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS AND TO AUTHORIZE BUDGET AMENDMENTS TO ENSURE CONTINUOUS FUNDING FOR FY 2019/2020. (NET FISCAL IMPACT: $68,959.36) (ALL DISTRICTS) Item #16D3 TWO (2) “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 AMEND FUNDING TO THE FY19 OLDER AMERICANS ACT (OAA) PROGRAMS AND TO AUTHORIZE ASSOCIATED BUDGET AMENDMENTS. (NET FISCAL IMPACT: $103,575.17) (ALL DISTRICTS) Item #16D4 RESOLUTION 2019-152: SUBMITTAL OF A RESPONSE TO THE OLDER AMERICAN ACT GRANT SERVICES REQUEST FOR PROPOSAL, AFTER THE FACT, TO THE AREA AGENCY September 10, 2019 Page 144 ON AGING FOR SOUTHWEST FLORIDA, INC., FOR A 6-YEAR PERIOD. (ALL DISTRICTS) Item #16D5 APPROVE AN AFTER-THE-FACT GRANT APPLICATION TO SCHWAB CHARITABLE FUND AND ACCEPT A RESTRICTED DONATION OF $1,000 TO BENEFIT THE IMMOKALEE BRANCH LIBRARY AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (DISTRICT 5) – THE INTENT OF THE LIBRARY IS TO USE THE FUNDS TO ENHANCE THE QUALITY OF SERVICES AND PROGRAMS TO RESIDENTS AND VISITORS Item #16D6 AFTER-THE-FACT APPROVAL OF ELECTRONIC SUBMITTAL OF THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) REVISED GRANT APPLICATION AND GRANT AMENDMENT TO THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICES (CNCS) IN THE AMOUNT OF $7,500 (ATF 19-018 AWD), A DONATION OF $192.50, ACCEPTANCE OF FUNDS AND BUDGET AMENDMENT TO INCREASE FUNDING. (ALL DISTRICTS) – THE INCREASE WILL BE USED TO SUPPORT GRANTEE EFFORTS TO RECRUIT, RETAIN AND PLACE RSVP VOLUNTEERS Item #16D7 “AFTER-THE-FACT” FIRST AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON September 10, 2019 Page 145 AGING FOR SOUTHWEST FLORIDA, INC., ALZHEIMER’S DISEASE INITIATIVE GRANT PROGRAM FOR SERVICES FOR SENIORS TO AMEND AND REVISE LANGUAGE WITHIN THE CONTRACT. (ALL DISTRICTS) – THE AMENDMENT WAS PROVIDED TO COLLIER COUNTY BEFORE THE AGREEMENT COULD RECEIVE BOARD APPROVAL Item #16D8 “AFTER-THE-FACT” GRANT AWARD ACCEPTANCE FROM FLORIDA ANIMAL FRIENDS IN THE AMOUNT OF $24,850 TO HELP SUPPORT THE MISSION OF DOMESTIC ANIMAL SERVICES BY OFFERING FREE SPAY OR NEUTER PROCEDURES FOR LARGE BREED DOGS AND COMMUNITY CATS. (ALL DISTRICTS) – THE AWARD WILL ENABLE DOMESTIC ANIMAL SERVICES TO PERFORM AN ADDITIONAL 375 SPAY/NEUTER SURGERIES Item #16D9 TWO (2) RELEASES OF LIEN SECURING GRANTS MADE FROM THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS IN ACCORDANCE WITH RESOLUTION NO. 18-58 DUE TO THE DEATH OF THE HOMEOWNERS IN THE AGGREGATE AMOUNT OF $26,684.75. (DISTRICT 5) – RESOLUTION NO. 18-58 PROVIDES IN THE EVENT OF THE DEATH OF BORROWERS, ALL DEBT WILL BE FORGIVEN FOR ALL AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY COLLIER COUNTY’S COMMUNITY AND HUMAN SERVICES DIVISION (CHS) September 10, 2019 Page 146 Item #16D10 ONE (1) RELEASE OF LIEN FOR $8,015.82 FOR A UNIT WITH A RECORDED IMPACT FEE DEFERRAL AGREEMENT THAT WAS NOT UTILIZED IN THE DOCKSIDE COMMUNITY. (ALL DISTRICTS) – FOR PROPERTY AT 1019 DOCKSIDE CT, BLDG. 6, UNIT #606 Item #16D11 TWO (2) RELEASE OF LIENS IN THE AMOUNT OF $34,423.46 FOR FULL PAYMENT OF THE DEFERRAL OF ONE-HUNDRED PERCENT (100%) OF COUNTYWIDE IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS. (ALL DISTRICTS) – FOR PROPERTY AT 1359 PATRIOT COURT, NAPLES, FL 34142 AND 13602 LEGACY LANE, LOT 200, TRAIL RIDGE, NAPLES, FL 34114 Item #16D12 SIX (6) SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $59,800 AND NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D13 BUDGET AMENDMENTS FOR FY19/20 SHIP PROGRAM ALLOCATION AND FY18/19 AND FY19/20 INTEREST September 10, 2019 Page 147 INCOME IN THE AMOUNT OF $47,971.70. (ALL DISTRICTS) Item #16D14 STATE HOUSING INITIATIVES PARTNERSHIP ANNUAL REPORTS AND AUTHORIZE THE CHAIRMAN TO SIGN THE LOCAL HOUSING INCENTIVES CERTIFICATION TO CLOSEOUT FISCAL YEARS 2015/2016, 2016/2017, AND INTERIM FISCAL YEARS 2017/2018 AND 2018/2019 TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS. (ALL DISTRICTS) Item #16D15 – Moved to Item #11D (Per Agenda Change Sheet) Item #16D16 FIVE (5) SATISFACTIONS OF MORTGAGE IN THE COMBINED AMOUNT OF $100,000 OF OWNER-OCCUPIED DWELLING UNITS THAT HAVE SATISFIED THE TERMS OF THEIR AFFORDABILITY PERIOD. (ALL DISTRICTS) – THERE IS NO FISCAL IMPACT; THESE GRANT FUNDS ARE FORGIVABLE UPON SATISFACTION OF THE AFFORDABILITY PERIOD. Item #16D17 A PEPPER RANCH PRESERVE CATTLE LEASE AGREEMENT WITH HOOD CITRUS CARETAKING, INC., UNDER THE CONSERVATION COLLIER PROGRAM, AND DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE LEASE TERMS. (DISTRICT 5) – THE PROPOSED CATTLE September 10, 2019 Page 148 LEASE ALLOWS FOR THE GRAZING OF UP TO 200 ANIMALS WITHIN THE PRESERVE Item #16D18 RESOLUTION 2019-153: THE CHAIRMAN TO SIGN THE HAZARD MITIGATION GRANT AWARD CONTRACT #H0185 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $262,500 FOR A BACKUP ELECTRICAL POWER SYSTEM AT THE DOMESTIC ANIMAL SERVICES COMPLEX AND ASSOCIATED BUDGET AMENDMENT, AND A RESOLUTION TO AUTHORIZE THE COUNTY MANAGER TO SIGN ALL PAY REQUESTS. (NET FISCAL IMPACT $350,000) (ALL DISTRICTS) Item #16D19 AMENDMENT NO. 1 TO AGREEMENT NO. CM918 BETWEEN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM AND COLLIER COUNTY, (PARADISE COAST BLUEWAY PADDLING TRAIL MAPPING PROJECT), TO REVISE THE PROJECT WORK PLAN TO EXTEND THE DELIVERABLE DATE TO SEPTEMBER 30, 2019, TO ALLOW A FINAL REVIEW OF THE MAP TO ASSURE FULL COMPLIANCE WITH ALL GRANT REQUIREMENTS. (ALL DISTRICTS) Item #16D20 EXECUTION OF THE 2018/19 FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD IN September 10, 2019 Page 149 THE AMOUNT OF $545,068 FOR THE PURCHASE AND INSTALLATION OF SIGNAL PRIORITY EQUIPMENT ON TRANSIT VEHICLES AS WELL AS ELECTRONIC FAREBOXES FOR PARATRANSIT VEHICLES THROUGH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS) AND AUTHORIZE NECESSARY BUDGET AMENDMENT. (ALL DISTRICTS) – THE GRANT REQUIRES A TWENTY PERCENT (20%) MATCH Item #16D21 A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCE IN THE AMOUNT OF $455,800, AUTHORIZE THE CHAIRMAN TO SIGN THE GRANT AGREEMENT AND RESTRICTIVE COVENANTS AND APPROVE THE ASSOCIATED BUDGET AMENDMENT, FOR THE HISTORIC ROBERTS HOME AT THE IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH. (NET FISCAL IMPACT $569,840) (ALL DISTRICTS) – WORK WILL INCLUDE ARCHITECTURAL AND ENGINEERING FEES; HVAC; FOUNDATION WORK; CHIMNEY REPAINTING, REPAIR TO ROTTED AND TERMITE-DAMAGED WOOD SIDING, HURRICANE PROTECTION; REPAINTING; AND ADA COMPLIANT RAMPING Item #16E1 AN AGREEMENT FOR SALE AND PURCHASE FOR THE EMERGENCY MEDICAL SERVICES DIVISION TO ACQUIRE 5.46 ACRES OF VACANT LAND AT THE CORNER OF GOLDEN GATE BLVD. AND DESOTO BLVD. FOR A TOTAL September 10, 2019 Page 150 COST NOT TO EXCEED $107,000 AND AN AGREEMENT IN THE AMOUNT OF $105,000 TO PROVIDE FUNDING FROM THE GAC LAND TRUST, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) Item #16E2 PROCUREMENT SERVICES DIRECTOR TO PROCURE GOODS OR SERVICES FROM VENDORS THAT HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR ANY OTHER GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION OR A PURCHASING COOPERATIVE PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS ASSOCIATED WITH THOSE PURCHASES. (ALL DISTRICTS) Item #16E3 CHAIR TO EXECUTE A FEDERALLY FUNDED SUBGRANT AGREEMENT TO ACCEPT AN ANNUAL EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE AMOUNT OF $108,299 FOR EMERGENCY MANAGEMENT PLANNING, RESPONSE, AND MITIGATION EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (ALL DISTRICTS) Item #16E4 September 10, 2019 Page 151 RENEWAL OF THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS MEDICAL TRANSPORT, INC. TO PROVIDE CLASS 2 ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE YEAR. (ALL DISTRICTS) Item #16E5 RESOLUTION 2019-154: AUTHORIZING THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE STANDARD FORM MEMORANDUMS OF UNDERSTANDING WITH OWNERS OF LARGE CAPACITY SPACES SUCH AS NOT FOR PROFIT ORGANIZATIONS, COMMUNITY ASSOCIATIONS AND PLACES OF WORSHIP FOR DISTRIBUTION OF FOOD, RELIEF SUPPLIES, MEDICINES OR OTHER ITEMS AND TEMPORARY SHELTERING RELATED TO NATURAL AND MANMADE EMERGENCIES AND DISASTERS WITHOUT FURTHER BOARD ACTION. (ALL DISTRICTS) Item #16E6 ACCEPTING THE DONATION OF A SURPLUS 8-FT. WELLS CARGO® ENCLOSED UTILITY TRAILER FROM FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO THE COLLIER COUNTY DIVISION OF EMERGENCY MANAGEMENT FOR TRANSPORTATION AND STORAGE OF DISASTER SUPPLIES AND EQUIPMENT. (ALL DISTRICTS) – TO IMPROVE SAFETY, SECURITY, AND PORTABILITY OF September 10, 2019 Page 152 HURRICANE SHELTER SUPPLIES OWNED BY EMERGENCY MANAGEMENT DIVISION FOR DEPLOYMENT TO PALMETTO RIDGE HIGH SCHOOL, THAT SERVES AS A SPECIAL NEEDS SHELTER Item #16E7 ACCEPTING THE DONATION OF A 2006 INTERNATIONAL MODEL CE SCHOOL BUS FROM COLLIER COUNTY PUBLIC SCHOOLS FOR THE PURPOSE OF CONVERTING THE HANDICAP LIFT-EQUIPPED BUS TO A BASIC MASS MEDICAL TRANSPORT UNIT. (ALL DISTRICTS) Item #16E8 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES AND OBLIGATIONS TO RAFTELIS FINANCIAL CONSULTANTS, INC., D/B/A RAFTELIS UNDER AGREEMENT #14-6353 “FINANCIAL CONSULTING SERVICES.” (ALL DISTRICTS) Item #16E9 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT. (ALL DISTRICTS) Item #16E10 ADMINISTRATIVE REPORTS PREPARED BY THE September 10, 2019 Page 153 PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL. (ALL DISTRICTS) Item #16E11 THE SELECTION COMMITTEE RANKING FOR REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-UP FOR “PROFESSIONAL SERVICES LIBRARY - UTILITY PLANTS DESIGN AND ENGINEERING,” AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE TOP FOURTEEN RANKED FIRMS, WHICH CONTRACTS WILL BE BROUGHT TO THE BOARD FOR CONSIDERATION AT A SUBSEQUENT MEETING. (ALL DISTRICTS) Item #16F1 BOARD RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN ABSENTIA MEETING(S) DATED JULY 23, 2019; AUGUST 13, 2019 AND AUGUST 27, 2019) JULY 23, 2019 A. RECOMMENDATION TO APPROVE CHANGE ORDER #1 FOR AGREEMENT #19-7515, VANDERBILT BEACH IRRIGATION WITH STAHLMAN-ENGLAND IRRIGATION, INC. TO INCREASE THE CONTRACT AMOUNT BY $11,995, FOR ADDITIONAL WORK REQUIRED September 10, 2019 Page 154 TO EFFECTIVELY IRRIGATE THE AREA. B. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL. C. RECOMMENDATION TO APPROVE THE ADMINISTRATION REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISPURSEMENT. D. RECOMMENDATION TO ACCEPT THE REPORT FOR THE SALE OF ITEMS AND DISBURSEMENT OF FUNDS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD ON JUNE 21 & JUNE 22, 2019. E. 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 27, 2019 AND JULY 10, 2019 PURSUANT TO FLORIDA STATUTE 136.06. F. REQUEST THAT THE BOARD APPROVE AND September 10, 2019 Page 155 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JULY 17, 2019. G. RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT #18-7404, COLLIER COUNTY SPORTS COMPLEX MARKETING AND SUPPORT, TO SPORTS FIELDS, INC. IN THE NOT TO EXCEED AMOUNT OF $950,000, WITH A LIMITED NOTICE TO PROCEED CAPPING EXPENDITURES AT $150,000 FOR PROMOTIONAL ACTIVITIES UNTIL BOARD RETIFICATION OF THE ENTIRE AMENDMENT. AUGUST 13, 2019 A. 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 JULY 11, 2019 AND JULY 31, 2019, PURSUANT TO FLORIDA STATUTE. B. REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF AUGUST 7, 2019. September 10, 2019 Page 156 C. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A SATISFACTION AND RELEASE OF CLAIM IN THE MATTER OF IN RE: ESTATE OF LILLIAN C. WOLF, CASE NUMBER 2019-CP-208. D. RECOMMENDATION TO APPROVE A 99-YEAR LONG-TERM GROUND LEASE WITH MCDOWELL HOUSING PARTNERS, LLC ON COUNTY-OWNED PROPERTY LOCATED WITHIN THE BEMBRIDGE PUD AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN ALL DOCUMENTS NECESSARY TO IMPLEMENT THE GROUND LEASE. E. REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED JUNE 30, 2019. F. RECOMMENDATION TO AUTHORIZE A BUDGET AMENDMENT, IN THE AMOUNT OF $352,000, TO TRANSFER FUNDS FROM INTERSECTION PROJECT (60016) TO ROAD RESURFACING PROJECT (60131), WITHIN GAS TAX FUND (313) FOR THE PURPOSE OF MILLING AND RESURFACING GULF SHORE DRIVE. G. RECOMMENDATION TO APPROVE A $301,405 WORK ORDER TO KYLE CONSTRUCTION, INC., September 10, 2019 Page 157 UNDER REQUEST FOR QUOTATION #14-6213- 131 FOR UNDERGROUND UTILITY CONTRACTING SERVICES, FOR THE CREEKSIDE BOULEVARD & TAMIAMI TRAIL 24-INCH FORCE MAIN DIRECTIONAL DRILL. (PROJECT #70139) H. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT. I. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL. AUGUST 27, 2019 A. 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 AUGUST 1, 2019 AND AUGUST 14, 2019 PURSUANT TO FLORIDA STATUTE 136.06. September 10, 2019 Page 158 B. REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF AUGUST 21, 2019. C. RECOMMENDATION TO APPROVE THE FY2018 ANNUAL PROGRESS REPORT OF THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. D. RECOMMENDATION TO APPROVE A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE AND ADDENDUM WITH THE COLLIER COUNTY OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT AT THE IMMOKALEE REGIONAL AIRPORT. E. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL. Item #16F2 TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO SUPPORT THE UPCOMING ALLIGATOR ALLEY SOFTBALL CHALLENGE TOURNAMENT OCTOBER 5-6, 2019 UP TO September 10, 2019 Page 159 $5,500, THE FLORIDA FIRE COLUMBUS DAY CLASSIC SOCCER TOURNAMENT OCTOBER 12-13, 2019 UP TO $6,850, AND THE INTERNATIONAL SERIES SOCCER QUALIFIER OCTOBER 26-27, 2019 UP TO $25,100 FOR A GRAND TOTAL OF $37,450 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) – PROJECTED TO ATTRACT 500 ATHLETES AND PROJECTED TO GENERATE 250 ROOM NIGHTS IN COLLIER COUNTY HOTELS; DIRECT SPENDING OF $126,682 AND TDT REVENUE OF $1,875 Item #16F3 AN AGREEMENT WITH SIMPLEVIEW WORLDWIDE, INC., D/B/A SIMPLEVIEW, LLC, (#19-052-NS), TO PROVIDE THE TOURISM DIVISION WITH A HOTEL, ATTRACTION AND RESTAURANT RESERVATION SYSTEM AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM. (ALL DISTRICTS) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 BUDGET AMENDMENTS TOTALING $25,000 FOR LAW LIBRARY FUND (640) DUE TO AN OPERATING EXPENSE SHORTFALL FOR THE BALANCE OF FY19. (ALL DISTRICTS) Item #16F5 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $625,819,000 OF UNSPENT FY 2019 GRANT September 10, 2019 Page 160 AND CAPITAL PROJECT BUDGETS INTO FISCAL YEAR 2020. (ALL DISTRICTS) – THESE UNSPENT FUNDS DO NOT AFFECT THE ADOPTED FY 2020 BUDGET WHICH THE BOARD WILL CONSIDER ON SEPTEMBER 19, 2019 Item #16F6 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY. (ALL DISTRICTS) – BA #19-780, COURT IT FUND 178, FOR A WORKSTATION ($4,000) Item #16F7 RESOLUTION 2019-155: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET. (ALL DISTRICTS) Item #16F8 A SECOND AMENDMENT TO AGREEMENT WITH GC II, LLC, TO APPROVE THE PURCHASE OF 0.345 ACRES TO ACCOMMODATE PARKING ALONG THE WEST SIDE OF THE PLANNED GREAT LAWN ENTRANCE TO THE COLLIER COUNTY SPORTS COMPLEX AND EVENT CENTER AT A COST NOT TO EXCEED $100,400, REDUCE THE 2.5-ACRE PARCEL TO 2.10 ACRES, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (DISTRICT 5) September 10, 2019 Page 161 Item #16F9 EXTENDING AGREEMENT NO. 15-6444, “FEDERAL LOBBYIST SERVICES,” WITH BECKER & POLIAKOFF, P.A., FOR A PERIOD OF SIX MONTHS TO PREVENT A LAPSE IN SERVICES, WHILE STAFF CONCLUDES AN OUTSTANDING NEW SOLICITATION. (ALL DISTRICTS) – EXTENDS THE CURRENT SEPTEMBER 21, 2019 EXPIRATION TO MARCH 19, 2020, OR UNTIL A NEW CONTRACT IS AWARDED, WHICHEVER IS SOONER Item #16H1 – Moved to Item #10B (Per Agenda Change Sheet) Item #16J1 CHAIRMAN TO SIGN AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF’S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE EMERSON PARK SUBDIVISION. (ALL DISTRICTS) Item #16J2 RESOLUTION 2019-156: CHANGING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS. (ALL DISTRICTS) Item #16J3 AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES FOR THE NOVEMBER 26, 2019, CITY OF EVERGLADES CITY MUNICIPAL ELECTION. (ALL DISTRICTS) September 10, 2019 Page 162 Item #16J4 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 AUGUST 15, 2019 AND AUGUST 28, 2019 PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS) Item #16J5 DETERMINING A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 4, 2019. (ALL DISTRICTS) Item #16K1 RESOLUTION 2019-157: APPOINTING MICHAEL RUBENSTEIN AND RE-APPOINTING SUZANNE BRADACH, MICHAEL PRIOLETTI, AND GARY LIND WITH ALL TERMS EXPIRING ON SEPTEMBER 11, 2023 TO THE HOUSING FINANCE AUTHORITY. (ALL DISTRICTS) Item #16K2 RESOLUTION 2019-158: RECLASSIFYING AN ALTERNATE MEMBER AS A REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD. (ALL DISTRICTS) – TO RECLASSIFY CHLOE BOWMAN AS A REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD September 10, 2019 Page 163 Item #16K3 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR THE TAKING OF PARCEL 318RDUE, IN THE AMOUNT OF $108,527.50, INCLUDING STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. CKC PROPERTY HOLDINGS, ET AL, CASE NO. 16-CA-1242, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $49,227.50) (ALL DISTRICTS) Item #16K4 STIPULATED FINAL JUDGMENT TO SETTLE FINAL COMPENSATION FOR THE TAKING OF PARCEL 299RDUE, IN THE AMOUNT OF $25,310, INCLUDING STATUTORY ATTORNEY FEES AND COSTS, AND EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. QUAN WANG, ET AL, CASE NO. 16-CA-1399, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $17,710) (ALL DISTRICTS) Item #16K5 AN INTERLOCAL AGREEMENT FOR STATE ATTORNEY SERVICES BETWEEN COLLIER COUNTY AND THE OFFICE OF THE STATE ATTORNEY FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA. (ALL DISTRICTS) – PURSUANT TO THE AGREEMENT, THE STATE ATTORNEY AGREES TO September 10, 2019 Page 164 HANDLE THE INTAKE, DISCOVERY, PRE-TRIAL, TRIAL AND CASE DISPOSITION OF VIOLATIONS OF COUNTY ORDINANCES PUNISHABLE BY INCARCERATION, NOT ANCILLARY TO STATE PROSECUTION Item #16K6 THE SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR THE RETENTION AGREEMENT WITH WOODS WEIDENMILLER MICHETTI & RUDNICK, LLP (ALL DISTRICTS) Item #17A RESOLUTION 2018-159: (DISTRICT I) AND RESOLUTION 2018-160: (DISTRICT II): RESOLUTIONS APPROVING PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON- AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005- 54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $27,387,200. (ALL DISTRICTS) September 10, 2019 Page 165 Item #17B ORDINANCE 2019-19: ESTABLISHING THE BLUE SAGE MUNICIPAL SERVICE TAXING UNIT FOR THE REPAYMENT OF FUNDS IN THE AMOUNT OF $8,623.93 USED TO MAKE EMERGENCY REPAIRS. (DISTRICT 5) Item #17C RESOLUTION 2019-161: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET. (ALL DISTRICTS) ***** September 10, 2019 Page 166 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:36 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.