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Agenda 10/13/2020 Item # 2E (9/22/2020 Meeting Minutes)10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.E Item Summary: September 22, 2020 - BCC Meeting Minutes Meeting Date: 10/13/2020 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 10/06/2020 10:28 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 10/06/2020 10:28 AM Approved By: Review: County Manager's Office Nick Casalanguida County Manager Review Completed 10/07/2020 11:15 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 2.E Packet Pg. 19 September 22, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 22, 2020 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: Burt L. Saunders Andy Solis William L. McDaniel, Jr. Donna Fiala 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 22, 2020 Page 2 CHAIRMAN SAUNDERS: Ladies and gentlemen, the meeting of the County Commission will please come to order. We have with us today to lead us in an invocation the Senior Pastor Heath Jarvis of the Faith Life Worship Center. Pastor Jarvis, good morning, and thank you for being here this morning. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE – INVOCATION GIVEN PASTOR JARVIS: Good morning. Thanks for having me. Let's pray. Father God, we thank you for another opportunity to come together as the leadership of Collier County. I thank you that we are able to openly invoke your wisdom and your guidance in today's meeting. Lord, 2020 has been such an unprecedented year as we fought a virus and as we face challenges that none of us have ever seen before. But through it all, we've witnessed your faithfulness, your provision, and your unending goodness. We're still here, we're strong, and we're determined to see our community and our nation recover. Help us today to have productive conversations, help us to be open-minded and humble. Help us, Lord, to see things how they are, no less and no more than that. Help us to not view things through any filter or bias but to view things from your perspective, God. Help us to strengthen what works and fix what doesn't work. Most of all, help us to quickly and September 22, 2020 Page 3 efficiently determine that which will most greatly benefit the community of Collier County. We came into 2020 with such great momentum, such strength. Help us to finish strong. We thank you for all of this, and I pray this in the name of Jesus. Amen. CHAIRMAN SAUNDERS: Commissioner Fiala, would you lead us in the pledge. COMMISSIONER FIALA: I will. Thank you. Please put with your hand over your heart and say with me... (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Good morning. I want to welcome everybody today to our meeting. Mr. Ochs, we'll go through the changes to the agenda. Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Very good. Good morning, Mr. Chairman and Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of September 22nd, 2020. The first proposed change is to continue Item 9A from your advertised public hearing agenda to your October 13th BCC meeting. This is a recommendation to approve an ordinance amending the Orange Blossom Ranch PUD. That item is being September 22, 2020 Page 4 continued at the petitioner's request. I will note that there was a companion Agenda Item 11 that will remain on the agenda per our discussion with the petitioner's agent. The last proposed change is to withdraw Item 16C5 from the consent agenda. This is a staff request. We need a little bit more time to finish the evaluation on this item. And those are the only changes that I have, Mr. Chairman. CHAIRMAN SAUNDERS: All right. Thank you. Mr. Attorney, do you have any changes? MR. KLATZKOW: None, sir. Thank you. CHAIRMAN SAUNDERS: All right. Mr. McDaniel, any changes to the agenda? Any ex parte -- COMMISSIONER McDANIEL: No changes. CHAIRMAN SAUNDERS: -- disclosures? COMMISSIONER McDANIEL: I do have one comment on 16C7. I just wanted to say thank you for whoever's behind that and helping that work. That ROOF program, ROOF, is an amazing not-for-profit that supports developmentally disadvantaged folks and housing opportunities providing them with independence. They take a regular three -bedroom, two-bath house with a den and make the den a living quarter for an aide to help people that are suffering or troubled with developmental disadvantages, and then provide them with independence and education. And I just wanted to acknowledge that. That passed through on 16C7, and it's an amazing -- it's an amazing organization. Ex parte, 16A6 I did have a meeting on that particular final plat. But other than that, no other changes or disclosures. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I have a disclosure on September 22, 2020 Page 5 8A. I did have a meeting with the representative of the -- CHAIRMAN SAUNDERS: You'll be doing that when we get to the regular agenda item. So just on the summary agenda. COMMISSIONER TAYLOR: Okay. I do have a question for the ranch, 16A5. That will be connected to 9A, I would assume. That's the consent agenda item; is that correct? The platting would go along with the -- MR. OCHS: No, ma'am. This is -- this is already completed improvements and plats, so... COMMISSIONER TAYLOR: Okay. MR. OCHS: This can stay where it is. COMMISSIONER TAYLOR: All right. So then 16A6, I did have a Zoom meeting with Mr. Yovanovich and Mr. Zuckerman regarding minutes from Cirrus Pointe, and that's all I have. And no changes to the agenda or additions. CHAIRMAN SAUNDERS: All right. Commissioner Solis. COMMISSIONER SOLIS: No changes, and the only disclosure would be related to -- it was 16A, the companion item to 9A. I think. COMMISSIONER TAYLOR: No, it's not, apparently. COMMISSIONER SOLIS: It's not? COMMISSIONER TAYLOR: It's separate. I know. I thought it was, but apparently it's not. COMMISSIONER SOLIS: Okay. Well, whatever it is, I had a discussion with Mr. Yovanovich. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SOLIS: Just to be on the safe side. Other than that, no disclosures. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I just have one September 22, 2020 Page 6 disclosure. It's on 16A6. That's Ventana Pointe, and I've had meetings and emails, and I met with the applicant's counsel. CHAIRMAN SAUNDERS: All right. I have no changes. I did have correspondence and emails in reference to Agenda Item 17B. Other than that, no other disclosure. Unless there's some other comments in reference to that, Mr. Ochs. MR. OCHS: Sir, I believe you have some public speakers on your consent agenda this morning. CHAIRMAN SAUNDERS: Okay. MR. MILLER: Yep, Mr. Chairman. We have three registered speakers for Item 16K3. Would you like me to call those speakers now? CHAIRMAN SAUNDERS: Yes. And the rules we have, is it three minutes per person? MR. MILLER: Yes, sir. MR. OCHS: Mr. Chairman -- Troy, let me just read the agenda title for the public's benefit. Item 16K3 is a recommendation to appoint Robert L. Klucik, Jr., as a member to the Collier County Planning Commission representing Commission District 5. MR. MILLER: Your first registered speaker is Michael Ramsey. He will be followed by Kristina Heuser and then Rae Ann Burton. MR. RAMSEY: Good morning. My name is Michael R. Ramsey. I am the president of the Golden Gate Estates Area Civic Association. The Estates Civic does not support Consent Agenda Item 16K3. We believe that a better individual could be selected to better represent all of the concerns for the communities and the residents in District 5. In this appointment, we believe this September 22, 2020 Page 7 person should also have the same knowledge and also the respect of all the communities and the residents in District 5, and this does not appear to be the case in this appointment. More specifically, the Estates Civic would like to point out most of the growth management issues occur in our community east of 951. We have the most issues, but we have the least amount of representation. We believe that this appointment continues that situation, and we disagree with it. We recommend to pull this item and continue to seek a more qualified applicant. MR. MILLER: Your next speaker is Kristina Heuser. She'll be followed by Rae Ann Burton. MS. HEUSER: I actually requested to speak on 16K1, so should I proceed? MR. MILLER: I am sorry. MS. HEUSER: That's okay. MR. MILLER: It says that here; you're right. I guess this is another consent agenda item. Mr. Ochs, did you want to read that item? COMMISSIONER McDANIEL: It's on the same -- on the previous one. MR. MILLER: She is on the previous item. Ms. Burton on -- (Simultaneous crosstalk.) MR. MILLER: Kristin, if you don't mind. Rae Ann, would you come up and speak on 16K3. CHAIRMAN SAUNDERS: Good morning. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton, 2530 31st Avenue Northeast, Naples, Florida, Rural Golden Gate Estates. Item 16, No. 16.K.3, appointment of Planning September 22, 2020 Page 8 Commissioner for District 5. Emails were sent September 4th protesting appointment of a person outside of the district. District 5 has no represented at this time. September 18th there was another protested applicant from an HOA community managed, I'm told, by Collier. Reasons not to approve Mr. Klucik and appoint -- we Estates want Mike Petscher. Mr. Klucik does not live in the Estates, cannot know the concern, wishes, or affairs of the Estates. HO [sic] living is different living than the environment living in the Rural Estates. Type of business and living in an HOA will be more interested in building developments than preserving and protecting wildlife habitat, water quality, and the lifestyle chosen by the Rural Estate residents. Because of the RLSA restructuring, Rural Golden Gate Estates needs a strong advocate to control excessive building and costly infrastructure costs to the taxpayers. Mr. Petscher got 31 percent of the vote running for county commissioner. That's 45 percent of Commissioner McDaniel's total. Next-door poll is from the very area that will be impacted by these developments. With 95 votes to date. 84 percent for Petscher. That poll of 84 in the county commissioner race of 31 proves that the residents of the Estates are backing Mike Petscher. Mike Petscher lives in the area and raising a family here because of acreage and environment concerned with controlled building, ensuring water quality, stormwater runoff, wildlife habitat, and preserving, protecting the uniqueness of a rural Naples. Copies of Mr. Petscher's applications were included in September 18th email. If you did not receive, I have copies. September 22, 2020 Page 9 His first application was sent and confirmed the 26th of August. Mr. Klucik's was sent and confirmed a day later. Mike Petscher's second application was sent and confirmed September 8th, the very day of the meeting. This application still have not approved -- appeared on the agendas of the 8th or today's agenda. Planning Commissioners chosen by the district County Commissioner and the voters elected County Commissioner, a person that has the interests, concerns of the residents of the district. It is the request of these voters that Mike Petscher is appointed to District 5 Planning Commissioner seat. He knows the area and the people and has the skills. I could have said more, but I feel I covered it in my emails. Thank you, and keep safe. CHAIRMAN SAUNDERS: Do we have any other registered speakers on that particular item? MR. MILLER: Not on 16K3. And I apologize to Ms. Heuser for my mistake. She did want to speak on 16K1. Mr. Ochs, did you want to -- CHAIRMAN SAUNDERS: Let's deal with 16K3 here for a moment. MR. MILLER: Oh, I'm sorry. CHAIRMAN SAUNDERS: There's been a request that this item be considered by the Board. Generally, we permit the commissioner from the district where the appointment is to be made to make that appointment. Commissioner McDaniel, your thoughts. COMMISSIONER McDANIEL: I have expressed my thoughts. Not particularly on that item. I'm quite pleased with Mr. Klucik's appointment. I don't concur with the representations of the president of the September 22, 2020 Page 10 homeowners' association or Ms. Burton. I am a member -- just for your idea, I am a member of the Golden Gate Estates Civic Association, and they have not convened a regularly noticed meeting nor brought forward any kind of a vote to substantiate the request for the continuance. Mr. Klucik is a West Point -- if you haven't read his resume, he's a real estate lawyer. He's a West Point graduate, a father of a basketball team of kids, lived in Collier County for 13 years, lives within our -- Ave Maria, is an elected -- the first elected person for Ave Maria to the district to represent the residents of Ave Maria against the -- not against -- the representation of the people for development of Ave Maria. So I -- I think he's more than qualified. And I have had numerous conversations with him with regard to his ca pacity to reach out and be open and be available for communication and learning, if there is expression of valid concerns, and learning about those. CHAIRMAN SAUNDERS: All right. Any other comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Let's go ahead and move on to the next item then. COMMISSIONER FIALA: Do we want to comment on this or -- I know you just asked for -- CHAIRMAN SAUNDERS: Yeah, if there's any -- COMMISSIONER FIALA: Are we going to vote on it separate or just -- CHAIRMAN SAUNDERS: No. Unless the Commissioner wants to take this off the consent agenda, we'll be voting for it. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: All right. Next item. MR. MILLER: 16K11 [sic]. Mr. Ochs, did you want to read September 22, 2020 Page 11 that item. MR. OCHS: Yeah. 16K1 is recommendation to appoint Christopher T. Vernon as a member to the Collier County Planning Commission representing Commission District 2. MR. MILLER: Your speaker is Kristina Heuser. MS. HEUSER: Thank you. I'm a resident of District 2, and I believe that we were ably represented on the Planning Commission by Patrick Dearborn, and I question the motivation behind replacing him at this time, and I wonder if it wasn't motivated by the fact that he publicly expressed opposition to the unlawful mask order that you've imposed upon the residents and businesses of Collier County. And if, in fact, that was the reason, I'd ask you to reconsider that. In fact, I'd ask all of you to vote against this appointment and restore Patrick Dearborn to the Planning Commission. Thank you. CHAIRMAN SAUNDERS: All right. Let me ask our staff, in terms of Patrick Dearborn, what's the reason that he is not continuing on the Planning Commission? MR. OCHS: Jeff? MR. KLATZKOW: Commissioner nomination. CHAIRMAN SAUNDERS: Okay. COMMISSIONER SOLIS: Yeah. CHAIRMAN SAUNDERS: Commissioner Solis? COMMISSIONER SOLIS: Yeah, it has nothing to do with that. The issue that's been presented to me is -- and I have a tally of the number of meetings that Mr. Dearborn either did not attend or attended in the morning and then couldn't attend in the afternoon. And many of those were some of the most important matters that related to District 2. Mr. Vernon, as I'm sure many of you know, is a leader in our September 22, 2020 Page 12 community. He's been here at least as long as I have been, and he has committed to me that he will attend all the meetings. And I think we've got some very critical decisions that are coming forward, and I feel that it would be in the best interest of District 2 to have Mr. Vernon on the Planning Commission. CHAIRMAN SAUNDERS: All right. Any comments or questions from the Commission? COMMISSIONER FIALA: Yes, I have. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: You're absolutely right. If people don't attend those meetings, then they're -- then your voice isn't heard, and especially from the commissioner for that district. They expect you to be there. And I know I've had a couple that don't show up at many meetings, and I'm terribly sorry about that. COMMISSIONER SOLIS: Thank you. CHAIRMAN SAUNDERS: All right. I assume there are no other speakers on the consent agenda? If not, then we need a motion on the consent agenda and setting the agenda. COMMISSIONER TAYLOR: I do have a comment. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Mr. Vernon is also a Florida State University grad, I believe, or involved with it, right? COMMISSIONER SOLIS: He -- yes, he is. I think -- yeah, he was an undergrad -- he went to undergrad at FSU. COMMISSIONER TAYLOR: Were you -- did you know him from -- COMMISSIONER SOLIS: No, no. I didn't get to know him until I moved to Naples in '93 or -- yeah, '93, '94 is when I met him. COMMISSIONER TAYLOR: Okay. COMMISSIONER SOLIS: But he has served the community in lots of different ways; on the board of trustees, I think, for the September 22, 2020 Page 13 college, very active with the Chamber. He's a real leader in the community. And no -- and, you know, I'm not trying to denigrate in any way Patrick Dearborn, and I appreciate his willingness to serve on the Planning Commission, but we need someone that can be there at every meeting, and it's -- we have some very big applications coming through. COMMISSIONER McDANIEL: I have a quick comment I want to make. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: As most of you know, I'm friends with Patrick, and one of the comments that I had with him when this appointment came about was I was having di fficulty -- I would have supported, had you those to reappoint him, but I was shaking my finger -- and I know how you feel about shaking your finger. COMMISSIONER SOLIS: You can shake it. COMMISSIONER McDANIEL: No, not at you. CHAIRMAN SAUNDERS: Just point it. COMMISSIONER McDANIEL: At myself. But one of my concerns, Patrick's extremely busy. He's got his own business. He's got a family and basketball and football and coaching and doing all of the things. And one of my concerns I had was his capacit y to be able to be responsive -- not responsive, but be in attendance at the meetings, so -- and I shared that with him. I said, if the commissioner chooses to reappoint you, then I would support it, but I've got an issue. You've got to step up, so... COMMISSIONER SOLIS: Yeah. And I totally get it, having served on the Planning Commission myself. It's a lot of work. It's a big commitment of time, and energy, so I do appreciate that he served for four years and, you know -- so thank you, Mr. Dearborn. CHAIRMAN SAUNDERS: All right. We need a motion, September 22, 2020 Page 14 unless we already have one. Did anybody make a motion to approve the regular, consent, and summary agenda? COMMISSIONER TAYLOR: So move. COMMISSIONER FIALA: Motion -- second. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. September 22, 2020 Page 15 Item #2B SEPTEMBER 3, 2020 BCC BUDGET HEARING MEETING MINUTES – APPROVED AS PRESENTED Item 2B is the September 3, 2020, minutes from the budget hearing. We need a motion to approve those minutes. COMMISSIONER FIALA: Motion to approve. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #2C SEPTEMBER 3, 2020 PELICAN BAY SERVICES DIVISION BUDGET HEARING MEETING MINUTES – APPROVED AS PRESENTED Item 2C is the approval of the minutes from the Pelican Bay Services Division budget meeting of September 3rd, 2020. COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in September 22, 2020 Page 16 favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Mr. Ochs? Item #3A – Consent Agenda Item #16F1 RECOGNIZING BRIAN MONDGOCK PUBLIC UTILITIES, FACILITIES MANAGEMENT COMPUTER-AIDED DESIGN TECHNICIAN, AS THE AUGUST 2020 EMPLOYEE OF THE MONTH – RECOGNIZED MR. OCHS: Mr. Chairman, that takes us to Item 16F1. As has been our custom during the pandemic, proclamations and employee service awards and recognitions have been moved to the consent agenda to avoid traffic in the boardroom, but we have been reading these. So with your permission, sir, I'll go ahead and recognize our Employee of the Month. COMMISSIONER FIALA: Oh, good. MR. OCHS: And that is Item 16F1 on today's consent agenda. It's a recommendation to recognize Brian Mondgock, Public Utilities, Facilities Management computer-aided design technician, as the August 2020 Employee of the Month. Brian has been a CAD technician with Facilities Management since 2017. During the early stages of the pandemic, his information September 22, 2020 Page 17 and guidelines were just being developed. Brian took the lead in developing posters for social distancing to be placed at all entrances at all county facilities. As the pandemic grew and shelter-in-place actions were taken, many team members were thrust into working remotely. Brian made numerous trips to the homes of high-risk team members to deliver supplies and equipment to enable them to work from home. Without Brian, many team members would not have been able to work remotely, which would have had a significant impact on productivity and our business operations. Brian's positive attitude and willingness to assist wherever he was needed allowed Facilities Management to continue to function at 100 percent capacity, which makes him very deserving of this award. Commissioners, it's my pleasure and honor to present Brian Mondgock as your -- excuse me -- August 2020 employee of the month. Congratulations, Brian. (Applause.) COMMISSIONER FIALA: Could I jump just a moment and say, Leo, I'm so glad you read that, because we have wonderful employees here -- MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: -- and they don't get enough recognition. So I'm glad you pulled that. Thank you. MR. OCHS: Thank you very much. CHAIRMAN SAUNDERS: Mr. Ochs, in terms of proclamations, are there any that you want to read the title of before we get into a very special one? MR. OCHS: Yes, sir. What we've done here traditionally over this year is read the titles of these proclamations that are on your consent agenda, so I'll go ahead and do that quickly, if there's no September 22, 2020 Page 18 objection. Item #4 PROCLAMATIONS – ONE MOTION WAS TAKEN TO ADOPT ALL PROCLAMATIONS Item #16H1 PROCLAMATION RECOGNIZING NEWELL PROPERTY MANAGEMENT CORPORATION 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. THE PROCLAMATION WILL BE GIVEN TO SARAH JAMES AND NANCY PHILLIPS, MANAGERS AT NEWELL PROPERTY MANAGEMENT CORPORATION MR. OCHS: 16H1 is a proclamation recognizing Newell Property Management Corporation as the recipient of the Waste Reduction Awards Program for contributing to the greater good of Collier County by advocating the reduce, reuse, and recycle message thereby helping to prolong the useful life of the Collier County Landfill. Item #16H2 PROCLAMATION DESIGNATING SEPTEMBER 22, 2020 AS FALLS PREVENTION AWARENESS DAY IN COLLIER September 22, 2020 Page 19 COUNTY. THE PROCLAMATION WILL BE MAILED TO LAUREN WARE, COMMUNITY PROGRAMS COORDINATOR, LEE MEMORIAL HEALTH SYSTEM MR. OCHS: Item 16H2 is a proclamation designating September 22nd, 2020, as Falls Prevention Awareness Day in Collier County; that proclamation has been mailed out as well. Item #16H3 PROCLAMATION RECOGNIZING THE PUBLIC SERVICE RENDERED BY AMERICORPS MEMBERS TO THE EARN TO LEARN FLORIDA NEAR PEER COACHING FOR POSTSECONDARY SUCCESS PROGRAM IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO BRENDA TATE, CEO, EARN TO LEARN FLORIDA, INC. MR. OCHS: 16H3 is a proclamation recognizing the public service rendered by AmeriCorps members to the Earn to Learn Florida Near Peer Coaching for Postsecondary Success Program in Collier County. Item #16H4 PROCLAMATION DESIGNATING SEPTEMBER 20 - 26, 2020 AS CHILD PASSENGER SAFETY WEEK IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO SALLY KREUSCHER, SAFE KIDS COORDINATOR, GOLISANO CHILDREN'S HOSPITAL OF SOUTHWEST FLORIDA – ADOPTED September 22, 2020 Page 20 MR. OCHS: 16H4 is a proclamation designating September 20th through the 26th, 2020, as Child Passenger Safety Week in Collier County. Item #16H5 PROCLAMATION DESIGNATING OCTOBER 10, 2020 AS REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO THE TAIPEI ECONOMIC AND CULTURAL OFFICE MR. OCHS: And, finally, 16H5 is a proclamation designating October 10, 2020, as Republic of China Taiwan Day in Collier County. All of those have been mailed out, sir, and that takes us back to you. Item #4 - ADDED PROCLAMATION HONORING COMMISSIONER FIALA HER PUBLIC SERVICE AND PROCLAIMING SEPTEMBER 25, 2020 DONNA FIALA DAY IN COLLIER COUNTY CHAIRMAN SAUNDERS: All right. Thank you very much. We have a very special presentation, a proclamation this morning honoring Commissioner Fiala, and I've asked Commissioner Taylor to read the proclamation. Since Commissioner Taylor's had the pleasure of having served with you the longest of all of us up here, I thought it would be appropriate for Commissioner Taylor to read that. Once we're finished with the reading of the proclamation, we will take a couple pictures, but we'll just stay in our places. September 22, 2020 Page 21 COMMISSIONER FIALA: Gee, I should have dressed for it. I didn't even know you were doing this. CHAIRMAN SAUNDERS: It looks like you did dress for it. You look fantastic. COMMISSIONER FIALA: I look like a zebra. CHAIRMAN SAUNDERS: So let's go ahead with the reading of the proclamation. COMMISSIONER TAYLOR: And so in deference to you, ma'am, I'm taking off my mask so you hear each word clearly. COMMISSIONER FIALA: Thank you. COMMISSIONER TAYLOR: Whereas, Donna Fiala relocated from Cleveland, Ohio, to Collier County in 1974, and she moved into the house she still lives in, and she raised five children, all of whom graduated from the Collier County Public School System; and, Whereas, Donna quickly began serving her community on committees and boards while building a career working for Naples Airlines, Provincetown Boston Airlines, PBA; Marco Marriott; and the Naples Community Hospital; and, Whereas, having engaged in countless civic associations and service organizations, including Marco Island Kiwanis Club, Marco Island Chamber of Commerce, Women's Republican Club of Naples Federated, and the Republican Executive Committee; and, Whereas, having served on the boards of the Greater Naples Chamber of Commerce, Corkscrew Regional Ecosystem Watershed, Council on Aging, Naples Scape, Collier Naples Scape, United Arts Council, and having provided leadership as president of the Naples Junior Women's Club, East Naples Kiwanis Club, Naples Press Club and Public Relations Association of Collier County; and, Whereas, Donna has accomplished many transformational achievements, including meaningful improvements to Bayshore Drive and the Eagle Lakes Community Park, which, as a sign of September 22, 2020 Page 22 respect and gratitude, was renamed the Donna Fiala Community Park at Eagle Lakes in 2019; and, Whereas, Donna was elected president of the East Naples Civic Association loyally serving her constituents and began considering the concept of becoming a Collier County Commissioner; Whereas, Donna continued devoting her time and talents to serving the public, was elected as a Collier County Commissioner District 1, and has continuously served in this role since 2000, the only Collier County Commissioner to serve five consecutive terms provided leadership as vice chairman in 2003, 2008, and 2015 and as chairwoman in 2003 [sic], 2009, and 2016; and, Whereas, the Florida Association of Counties appointed Donna to the board of directors to help guide the statewide agency representing all 67 Florida counties. Now, therefore, be it proclaimed by the Board of County Commissions of Collier County, Florida, that September the 25th be designated as Donna Fiala Day in Collier County. (Applause.) COMMISSIONER FIALA: Oh, thank you so much. I sure didn't expect this. Thank you so much. Oh, and more? CHAIRMAN SAUNDERS: There's more. COMMISSIONER FIALA: Oh, thank you so much. You know what, this has not been a chore. It's been an absolute joy for me, the whole 20 years. It's been a wonderful, wonderful ride, and I can see that there's some differences that have been accomplished, and I thank you for all for your support. CHAIRMAN SAUNDERS: We're going to take a few pictures, and I'm sure there will be some comments from the Commission, so... COMMISSIONER FIALA: Oh, okay. COMMISSIONER SOLIS: Should we get -- CHAIRMAN SAUNDERS: Let's keep our social distancing. September 22, 2020 Page 23 COMMISSIONER TAYLOR: But, gentlemen, button your jackets. COMMISSIONER FIALA: Okay. Oh, I'm not a gentleman. Okay. CHAIRMAN SAUNDERS: Commissioner Fiala, we'll start with you, if you have any comments, or we'll start with the other commissioners and get back to you in case you have some comments you'd like to make. COMMISSIONER FIALA: Well, the only thing I can say is, I wouldn't have sacrificed a day not to be here. It's been a wonderful ride. It's been great working with you guys, great working with all the other commissioners, and great working with Leo and Nick. It's -- we've accomplished -- the East Naples area was in sad shape, as many of you remember. If you've been here before the yea r 2000, you remember what it looked like. And, and through a lot of cooperation and help, from staff, to employees, to -- well, just everything -- and East Naples Civic Association and the other organizations, we together made a big difference. It's neve r about you alone. It's always about who all is working with you. Thank you very much. CHAIRMAN SAUNDERS: All right. We'll see if there are any comments from the Commission. Commissioner McDaniel. COMMISSIONER McDANIEL: Other than to say thank you. I remember when she got elected. It was a trying time in our community. And, of course, Donna and I have been friends since the '80s. I was a charter member of the East Naples Kiwanis Club. I started that club. And back in those days, Kiwanis was a men's only organization. And guess who was our first female member? I like women, so I was happy to have her. But we had a bunch of people quit Kiwanis because -- because of the -- because they opened it up to allow for membership, and we have been frien ds ever since. September 22, 2020 Page 24 I pretty much grew up with two of her children. And -- COMMISSIONER FIALA: He even hung around with my son. COMMISSIONER McDANIEL: Yeah, Bobby and Sherry both. And so -- and, there again, just for those of you who haven't seen it, I am still "Billy Dear" and quite proudly wear that badge. So thank you. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: So it seems like yesterday when I saw this incredible convertible driving on Broad Avenue and turning north on Third Street in the City of Naples. It was the July 4th Parade. And there was this woman, this blonde woman sitting in this convertible, but she was covered with balloons. I'll never forget. There were so many balloons around the car and people walking with balloons. And someone said, that's Donna Fiala; she's running for County Commission. And there you are. And you are a legend in this community and will remain as such. Your advocacy, your sense of compassion and passion for what you did can never be replaced. So congratulations and make this retirement the best. I know you will, but I have a sense you're not going to quite, you know, sit on the bed and eat chocolates. COMMISSIONER FIALA: Thank you. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yes. And I would echo everything that's been said and also say that, you know, you are a legend, I think, in Collier County. You've led this county through thick and thin, you know. And I think if we were to look up the definition of public servant, you know, your picture should be in the dictionary because you're truly a public servant, and you've dedicated decades to the community that you serve. So thank you. Thank you very much. September 22, 2020 Page 25 CHAIRMAN SAUNDERS: And I'll add a few comments. I've known Commissioner Fiala for a whole lot more years than I'd like to admit, going back to the early 1990s. I was part of a water ski team with Donna's son. I think he was about six years old then. Seemed like it. And I have been an admirer and supporter of Donna's for many, many years, and I want to thank you for all that you've done. Serving on the County Commission has its tremendous positives. It's great to be able to be in the role of a decision maker and making decisions on behalf of the citizens of Collier County, but it's also a very trying position to be in. Sometimes it's difficult to go to the grocery store without some angry constituent having a few words. But, Commissioner Fiala, you've always maintained an incredibly positive attitude, and you've done a great job for the citizens of Collier. So thank you. COMMISSIONER FIALA: Thank you very much. CHAIRMAN SAUNDERS: I believe we need a motion to approve the -- COMMISSIONER McDANIEL: Can we all make the motion? CHAIRMAN SAUNDERS: We'll show that the motion has been made unanimously and seconded unanimously. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. September 22, 2020 Page 26 Again, thank you very much. COMMISSIONER FIALA: Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that moves us to Item 7 this morning, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, I have five registered speakers here in the room and then two online. We'll just handle the people here in the room first. Your first speaker is Steven Bracci, and Mr. Bracci's been ceded three additional minutes from Carolyn Bracci. Ms. Bracci, are you here in the room? I thought so. And that will be six minutes, and Mr. Bracci will be followed by Alfie Oakes. CHAIRMAN SAUNDERS: Good morning. MR. MILLER: Mr. Bracci, I'll pull that up for you. Give me just a second. There you go, sir. MR. BRACCI: I'm going to read my comment today, because I wanted to make sure I could get it in on time. I wasn't sure what the rules were going to be. I would like to make sure this board and the people of Collier County know precisely how Commissioner Saunders made it come to be that the BCC could impose a mask mandate upon the people of Collier County without the usual supermajority four votes out of five. At the meeting on July 14th, as shown on the screen, Commissioner Saunders, on his own initiative, stated while an emergency ordinance is to be enacted ordinarily requires a four-fifths supermajority vote and in order to waive the public's procedural right of advance notice September 22, 2020 Page 27 whereby the proposed ordinance is published to the people, Commissioner Saunders asserted with conviction and without equivocation that the BCC could instead enact a coercive mask mandate that day by adopting an emergency order instead of an ordinance by only a three vote, by only three votes. The clear discussion between Commissioner Saunders and Solis showed their purpose in going this route. They did not have the four votes to procedurally pass the mask mandate and, therefore, they needed a way to circumvent that process. The public did not question Chair Saunders' assertion about circumventing a three-vote emergency mandate likely because the Chair stated it was such an unequivic -- so unequivocally and because he, himself, is a Florida lawyer who has practiced government law for decades. In other words, the public believed him. County Attorney Klatzkow then -- on the next slide here, down at the bottom here. County Attorney Klatzkow then corroborated the three-vote circumvention stating that while he would prefer they do it by emergency ordinance if they had the four votes, they could also proceed by emergency order under a different statute, but the legal underpinnings were not as strong. Well, here's the other -- here's the original statute here. This is the 125.66. It clearly says that if you're going to procedurally waive notice for an ordinance, it takes four votes out of five. Here's the other statute that Mr. Klatzkow didn't identify. It's called orders and rules under the Emergency Management section. In it it says, it allows political subdivisions, which means counties, to enact emergency orders and rules so long as they're enacted in accordance with Chapter 120. Chapter 120 is commonly known as the Florida's Administrative Procedures Act. It is designed to provide procedures for the passage of rules. It generally does not apply to counties, but it does so when another general law requires it September 22, 2020 Page 28 such as here when the county's passing an emergency order. And, again, 252.26 specifically says you have to follow Chapter 120. Chapter 120 does not define an order, but it defines a rule, and a rule means each Agency's statement of general applicability that implements, interpret, or prescribes law or policy. Clearly, the mask order meets this definition. So, in effect, an emergency order and an emergency rule are synonymous. Chapter 120 then describes the process -- the procedural requirements for the adoption of an emergency rule. Section 120.54, Subsection 4, provides that an emergency rule may be adopted if, quote, the procedure provides at least the procedural requirements of other statutes. That other statute is the same one that they were trying to circumvent, which is the emergency ordinance, which requires four votes out of the five. They knew -- this was their specific intent. The second part of this emergency rule is that they had to publish in writing and prior to taking action why the procedural requirements are fair, to be watered down. This they never did. They never described that. Chapter 120 provides one other thing. It says down here in Subsection C, an emergency rule adopted under this subsection shall not be effective for a period longer than 90 days and shall not be renewable except when the agency has initiated rule making. They never -- this agency, this government, has never initiated rule making. The whole point of rule making -- you hope in an emergency order -- it's kind of like a giveaway to the counties when they need to enact something quickly, but then they should have the time to go through formal rule-making process. This commission never did that. So, on September 3rd when this was -- this emergency order was renewed, they couldn't -- you didn't have the authority to renew it. September 22, 2020 Page 29 So, as we sit here today, the emergency order is null and void because the county failed to follow the proper proce dure. They never got the required four votes, and they illegally renewed it on September 3rd. Under the Administrative Procedures Act, it is defined as an illegal exercise of delegated legislative authority. You would think that something so important would be reviewed by the County Attorney in advance, but I did a public records request for the County Attorney's memorandum summarizing this. Mr. Klatzkow responded back that neither he nor anyone else in the County Attorney's Office did any analysis on this despite the extraordinary act of circumventing a four-vote supermajority. So, in summary, Commissioner Fiala and Mr. McDaniel, your two votes should have won the day. Your votes were stolen from you by your other fellow three commissioners. You had the county's back -- the people's back. You had the people's back on what should have been noticed and review and process before that mandate occurred, but they wanted it done that day, and so they circumvented you. I think, Commissioner Fiala and Mr. McDaniel, a little righteous indignation is appropriate. Thank you. MR. MILLER: Your next speaker is Alfie Oakes, and he will be followed by Kristina Heuser. CHAIRMAN SAUNDERS: Good morning. You have -- what is it, three minutes? MR. MILLER: Three minutes, sir. MR. OAKES: So good morning. Donna Fiala, I'd like to say thank you for your service, and you have been a great leader, and I wish that some of the other commissioners would pay attention to the way that you look out for our community and busines ses. I left out of the last meeting really never more angered by September 22, 2020 Page 30 Stephanie Vick and her presentation with her paid doctors that came in here to really present nothing more than -- I mean, it could not have been more biased. I call the Health Department a political activist group because it was really nothing more than that. You know, I was asking myself the reasons of how people that I think are fairly intelligent people -- I mean, Andy Solis, Burt Saunders, you guys are lawyers, and are you telling me that you couldn't see through the way that she was answering the questions? I think that -- I think that someone in middle school or high school could see through that. It was so obvious. So then the next thing I ask myself is, obviously, you have to be able to see through and then for what reasons -- and I'm not going to make allegations here because I have no basis other than I'm a logical thinker. But what basis would you -- would you want to mandate this on our county? On the first time when you made the first mandate, we were at 10 percent going to 15 percent of cases, which I don't think really is a big deal anyway, but for some reason that's all you guys want to talk about, and you said, oh, if we can get it back into 10, the 10 percent, then we'll maybe even early, short of the six weeks, that we'll reverse the mask mandate. Well, we were looking at 4, at 4 percent last time when you illegally decided to go again with a further mask mandate. So, I ask myself, you know, is it that you're scared? Are you afraid? My grandmother used to use the term "yellow belly." I don't know. Maybe that's the reason. I don't know. Is it because maybe someone has paid you? I have no idea. And I'm not making -- there's a lot of George Soros money floating around into all municipalities to try to get this agenda done to stifle, you know, the election, to try to keep our economy down, and you guys are doing a great job of it here, and I just wonder why, because I really expected a lot better out of every one of you up there. September 22, 2020 Page 31 Thank you. MR. MILLER: Your next speaker is Kristina Heuser. She'll be followed by Dan Cook. MS. HEUSER: Thank you. CHAIRMAN SAUNDERS: Good morning. MS. HEUSER: Good morning. I'd like to thank Mr. Bracci for his analysis, and I take it a step further and say that you-all actually never have the authority to enact an order. Your code of ordinances provides the mechanism by which you would enact an emergency measure, and that's by emergency ordinance which, as Mr. Bracci correctly pointed out, requires four votes. And I think it's really shameful that you, the three of you, intentionally circumvented your own code to enact something that is against the will of the people, is illegal, and against the will of two of the commissioners sitting up there. In addition to that, you violated the code insofar as it provides rules for recalling an item. That item had to be on notice and could only be re-presented at the next regular meeting of the Board, but instead you called an emergency meeting. So, for all of these reasons, and many more, your order is illegal and null and void, as Mr. Bracci pointed out. So perhaps the three of you would like to save face and eliminate the order before the Court strikes it down, which is going to happen prior to the next time you're scheduled to reconsider it. In addition, I just want to point out that it's embarrassing that the three of you are sitting up there with your faces covered. It's a show of cowardice, and leaders do not operate from positions of fear. Fear is not a virtue. It's not a leadership quality. I noticed that when you took a picture a moment ago you all removed your masks. So maybe you're just virtue signaling. Maybe you're not actually fearful, but I don't think that if you're September 22, 2020 Page 32 operating under the presumption that the virus is spreading and that's why you need to cover your faces, that it's logical that you could remove them for a few minutes. I mean, did the virus stop in its tracks during that period of time? I think this is ridiculous, and you all are not leaders, and it's embarrassing. Thanks. MR. MILLER: Your next speaker is Dan Cook. He will be followed by our online speaker, Dawn Bricco. MR. COOK: Good morning, Commissioners. CHAIRMAN SAUNDERS: Good morning. MR. COOK: I'm here to inform you that the multiple petitions that we've collected numerous signatures on over the past four months now, we started with the first petition of asking you to not force masks upon the people. Why do we ask for that? Because we're looking for freedom. It's really that simple. It's not that we're anti-mask. It's not that we think the virus is fake or anything. It's that we want the fre edom to tend to our healthcare the way -- the way that we see fit for ourselves, just, you know, for we avail -- we would avail the same courtesy to you to wear a mask, I would ask that you would give us the same courtesy. And so that is the philosophy, that is the gist, really, behind the beginnings of our petition. So I wanted to get up here and let you know that those petitions as well as the petitions served at the previous meeting, which I'm not sure if Mr. Solis is looking that up on his phone or not, but the petitions from the previous meeting cited Article 1, Section 5 of the Florida Constitution that says we have the right to petition the government. We have the right to petition you, who works for us, over redress of grievance. And so that is what that petition was at the last mask-mandate meeting. Furthermore, we included the petitions that we've served to the September 22, 2020 Page 33 school board, and I know that's a different jurisdiction, but we included petitions that we sent to the Governor over the state of the emergency as well, and I just wanted to let the public and let the Board know that those petitions, as a packet, were sent to the Governor, and they were received by his office yesterday. Additionally, as I understand, the Governor sent out a request via his Twitter account on September 4th asking local governing boards for a written response regarding their COVID-19 response. So, Mr. Chairman, I would like to inform you that the citizens of Collier County would like to see what the Collier County Board of County Commissioners' response to the Governor would be, and so I would like to ask if you would make that written response public and available to the public. That would be -- CHAIRMAN SAUNDERS: Mr. Klatzkow, that's a valid public-records request. So, if there are any responses within, they should be provided to Mr. Cook pursuant to Florida law. MR. KLATZKOW: Correct. MR. COOK: Okay. Thank you. And I appreciate it. That's what we needed. CHAIRMAN SAUNDERS: Have you gotten a response from the Governor's office yet on the petitions? MR. COOK: I have not. They were received yesterday, and I called the office -- the Governor's office last week regarding your response, and the staff member didn't really know what was going on yet. CHAIRMAN SAUNDERS: Well, if you get a response, I'd appreciate seeing what that is. MR. COOK: Yeah, I will gladly bring that up. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: All right. Mr. Chairman, at this point, one of our two remote speakers for this item dropped, so I have one speaker September 22, 2020 Page 34 left. Her name is Dawn Bricco, and I hope I'm saying your name correctly. Dawn, are you on the line with us? MS. BRICCO: Yes, I am. CHAIRMAN SAUNDERS: Good morning, Dawn. MS. BRICCO: Good morning. MR. MILLER: You have three minutes, ma'am. MS. BRICCO: Okay. Thank you. Good morning, Mr. Chairman. My name is Dawn Bricco. I'm here to speak on the CollierCARES grant application process. MR. OCHS: That's not this item. COMMISSIONER TAYLOR: Can't do it now. MR. MILLER: Oh, okay. She registered under public comments. Ms. Bricco, what we're going to do is that is an actual, Item 11A, so we're going to -- CHAIRMAN SAUNDERS: Let's -- since we have her on the line and we're going to be getting to that item in a m oment, let's go ahead and have her make the comments. MR. MILLER: All right. Ms. Bricco, please continue. MS. BRICCO: Okay. In doing this, the application required businesses to get a CAGE Code, and we found when trying to get this CAGE Code the window to submit was not sufficient. The timeline, you know, my particular events in doing my business, on 8/31, when it opened, I registered, started the application, saw that it required this SAM/CAGE Code registration, so started that on 9/1. Then that required a DUN number. So requested that and received it on 9/1, then went back to request the CAGE Code on 9/3. SAM got a notice that they were validating with the IRS on 9/11. Got the email from the SAM that it failed due to the IRS not matching the DUN name because of just a PA at the end. 9/11, requested DUN to add it. They actually got it changed, went September 22, 2020 Page 35 back to resubmit it. Well, I guess it has to re -update on its own to SAM, so that took a couple of days. 9/14 it was updated. Then 9/15 I logged back into Neighborly, because I'm thinking, oh, I'm going to get this CAGE Code soon, and now there is no data. It's all gone. I can log in, but everything's gone. So, I called the Commissioner’s office who gave me a phone number. I'm assuming that was the Neighborly. I called for several days, did not receive a call back. So, I called back the Commissioner’s office and talked to them. And, you know, they don't really know why it was particularly removed. They said it was probably because it was closed. And I spoke to them about the CAGE Code, and they said, well, you could submit it, you know, without it if you put zeros or whatnot was their stance. I never saw this on the website but, anyway, after a few days, Mary Jo Brock did facilitate a contact within the Neighborly, Kristi Sonntag, who did reach out to me. And we went over things, and she did explain how it could have been submitted without CAGE and that they weren't actually requiring it; however, in looking at these documents, maybe technically yes, because down on the PDFs where you submit, it did not have an asterisk actually saying it was required; however, those documents were under Section D, Part D that's required documentation. So as a businessperson completing the application, it looks to me like it's required information to be submitted. So, I went on this quest of getting this CAGE Code, which has still not been given to me. I'm still in limbo with that. So, in light of this, I still feel that the window was not sufficient time, and I feel like there's probably other people that started this process and in the same boat, were not able to complete it. So I am September 22, 2020 Page 36 hoping that the Commissioners would, you know, possibly request applications and accounts through Neighborly that were started and not completed be reactivated and we would be allowed to complete and submit so we could also be considered for the CollierCARES. That's all I have. And thank you, Commissioner Fiala, for your service. CHAIRMAN SAUNDERS: Thank you. Mr. Ochs, in terms of -- your office has obviously been in touch with Dawn Bricco. I don't know how to answer her question. I assume that you can get back with her and try to figure that issue out. MR. OCHS: Yes, sir, we certainly will. And as part of the presentation under 11A, you'll hear some recommendations about reopening some of the windows for some of the components for the CARE Act funding, which may assist in this particular area. CHAIRMAN SAUNDERS: Okay, great. All right. We'll move on to -- unless there's some comments from the Commission, we'll move on to Item 8A. Item #8A RESOLUTION 2020-172: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO A VARIANCE REQUEST FROM SECTION 5.05.09.G.2.A OF THE LAND DEVELOPMENT CODE TO DECREASE THE MINIMUM SEPARATION DISTANCE FOR A COMMUNICATION TOWER FROM 2.5 TIMES THE HEIGHT OF THE TOWER TO 1.75 TIMES THE HEIGHT OF THE TOWER, IN ORDER TO ALLOW FOR A 262.25-FOOT SEPARATION DISTANCE FOR AN EXISTING 150-FOOT TALL COMMUNICATION TOWER. THE SUBJECT PROPERTY, CONSISTING OF 7.81+/- ACRES, IS LOCATED ON THE September 22, 2020 Page 37 NORTH SIDE OF SABAL PALM ROAD, APPROXIMATELY ONE-QUARTER MILE EAST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003511] (DISTRICT 1) – ADOPTED MR. OCHS: Yes, sir. This is a hea ring on the Board of Zoning Appeals. It is a request for a variance from the Land Development Code to decrease the minimum separation distance for a communication tower from 2.5 times the height of the tower to 1.75 times the height of the tower in order to allow for a 262.25-foot separation distance from an existing 150-foot-tall communication tower. This tower is located on the north side of Sabal Palm Road, approximately one-quarter mile east of Collier Boulevard. Is the petitioner here? CHAIRMAN SAUNDERS: Good morning. MS. JAHN: Good morning. If I may take my mask off just to assist in -- CHAIRMAN SAUNDERS: Absolutely. MS. JAHN: Thank you. I have a PowerPoint presentation that I'd like to pull up. It should be preloaded on the computer. MR. OCHS: If you could give your name for the record, please. MS. JAHN: My apologies. I'm Mattaniah Jahn, 935 Main Street, Suite D1, Safety Harbor, Florida, 34695, on behalf of SBA Towers 9 and Verizon Wireless. I'd like to preface my presentation by saying as of 9:27 p.m. last night it would appear that we have reached a state of neighborly relations with the one objector so -- and I do not see Mr. Pires in this September 22, 2020 Page 38 room. So, it would appear that there are no objectors for this as of right now. This is an after-the-fact variance for an existing 150-foot-tall communication tower at 5650 Melrose Lane. I'm going to be trying to give a summary presentation since I do not have an active -- it does not appear we have an active objector. This came before your Planning Commission on July the 2nd. It received unanimous recommendation of approval. On the aerial that I'm showing you, the green marker is the location of the communication tower. The yellow line to the left is Collier Boulevard. CHAIRMAN SAUNDERS: Let me -- I apologize. Let me interrupt for a second. We did not get the ex parte communications in. We did not swear the witnesses in. So, let's kind of start over again with that. We'll start with Commissioner McDaniel in terms of ex parte communications. COMMISSIONER McDANIEL: I do have ex parte communications. I had communication with the petitioner. CHAIRMAN SAUNDERS: All right. Commissioner Taylor. COMMISSIONER TAYLOR: I had a long conversation with Ms. Jahn and just read the packet. That's it. Thank you. Talked to staff. CHAIRMAN SAUNDERS: All right. Commissioner Solis. COMMISSIONER SOLIS: No. No disclosures. CHAIRMAN SAUNDERS: All right. COMMISSIONER FIALA: Yes. I've had also communication with the lady that's standing right there, on top of which I took a ride down there just to see if it looked disruptive or if it would be in any way disruptive to the neighborhood, but I didn't see that at all. September 22, 2020 Page 39 CHAIRMAN SAUNDERS: All right. I had communications with Ms. Jahn as well. I don't know if we have any witnesses, but we'll swear the witnesses. MS. JAHN: Mr. Compton, would you please. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: Again, I apologize for that. We just -- MS. JAHN: My apologies for jumping in on that on you. Again, I am Mattaniah Jahn, 935 Main Street, Suite D1, Safety Harbor, Florida, 34695. I'm here on behalf of SBA Towers 9, Verizon Wireless. I have taken an oath. I also have Bill Compton with Verizon Wireless available should you have any questions of their RF need. As I said, as of 9:27 p.m. last night, it appears that we do not have objectors. The aerial that I'm showing you is just an aerial showing the location of the communication tower. The green marker is the location of the monopole, and the yellow marker -- the yellow line to the left is Collier Boulevard. You can see Sabal Palm as a horizontal line below the green marker. This is a closer view. Again, the green marker is the monopole. And I do not know if this will appear on there, but -- are you able to see my mouse on your screen? CHAIRMAN SAUNDERS: Yes. MS. JAHN: This is the parcel in question that was rezoned RPUD prior to the tower being approved. The separation to the southeast is the separation of the variance request is being -- is for. This is the result of just an unfortunate misunderstanding in the process. The tower itself was sited so that it would provide the code-required separation to the north and to the west. There is no September 22, 2020 Page 40 location on this parcel where the tower could be relocated where it would meet all required setbacks. Additionally, the monopole is -- the tower is designed with a fall zone radius so that in the unlikely event of structural failure, it would fold over upon itself and be completely contained within the equipment compound at the base. This is an aerial for -- this is a sheet from the plans. And just to help show the fall zone radius, this square is SBA's lease area, and you can barely see a circle inside there. That's the fall zone radius. So, everything would be contained in there in the unlikely event of failure. And, again, to the southeast, the direction that the variance is being requested from. I'm going to skip through this pretty quickly. If you read the -- if you saw the video or you may have noticed in the minutes that Mr. Compton gave some extensive explanation as to why they need to maintain this facility at the height. Verizon does have antennas on this tower at this time. It does provide coverage to the area. At one point you may have noticed that he said that if this tower were to be shortened, he would need three towers to do the job of this existing one. And we provided an updated RF package just to show those two locations that he was pointing out that would need to be added. When you look at this map, this is the coverage that's currently being provided by the monopole. This triangular figure right here is the monopole itself. The other figures to the north, the southwest, and the south are the nearest towers that Verizon is currently collocated on. Everything that is green is reliable coverage. Everything that's red is below their coverage threshold. If the tower were to be shortened to 100 feet, the coverage would be September 22, 2020 Page 41 reduced to the areas that you see on the propagation map. And Mr. Compton projected that he would need two additional towers between the 80- and 100-foot-tall range; one near Lely Resort to the west and one in the Verona Walk area to the south. I bring this up because your code -- one of the sound planning objectives of your code is to minimize the number of towers in the county through the -- through the use of collocation and through their design. Again, this furthers that sound planning objective by allowing one tower to do the job of what would otherwise require three shorter ones. I'm not going to walk you through the variance criteria unless you have any questions on those. I have a full presentation that came before your Planning Commission that I assume is before you. You have my application. The only two things I would bring to your attention is peculiarity. Under your code, peculiarity -- the requisite peculiarity to establish the grounds for a variance can ground in a structure itself, not just the land. I would respectfully submit that communication towers are a structure that have very peculia r requirements due to their RF propagations since they have to work with their neighboring towers, and they cover small areas. The other thing I would bring to your attention is hardship. I respectfully submit that this would provide a hardship on SBA. If the tower is shortened and Verizon determined that they could no longer use it because it would be -- it would not provide the height that they need, that would make a naked tower, and under your code it would have to be removed completely. If they di d stay on it, then you would need three towers to do the job of one, and that would visit a hardship upon Verizon. And again, it is in opposite to your sound planning objectives of your code. In the interest of time, that completes my presentation. I reserve any remaining time for rebuttal, and I'm available for any September 22, 2020 Page 42 questions that you may have. CHAIRMAN SAUNDERS: All right. Let's see if there are any questions from the Commission at this point. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. CHAIRMAN SAUNDERS: And I ask the Commission, go ahead and use your buttons for the -- COMMISSIONER TAYLOR: I beg your pardon. I'm going to do it right now. CHAIRMAN SAUNDERS: All right. COMMISSIONER TAYLOR: There you go. So, can you tell me what happened? I mean, I'm glad that there's no objection, and I read the letters from Mr. Pires. What changed everything here for him? MS. JAHN: It's been my under -- in the course of my career, I've noticed that zoning is often a process that can invoke emotional responses. And when people are able to talk long enough and talk through those emotions, they can reach -- they can reach a rational space where they can -- they can understand that -- in this case they understood that SBA proceeded in good faith -- COMMISSIONER TAYLOR: Okay. MS. JAHN: -- and was not attempting to circumvent any of your codes or processes. COMMISSIONER TAYLOR: Yeah. That was the thrust of the letter. Thank you very much. MS. JAHN: Correct. CHAIRMAN SAUNDERS: All right. Any other questions from the Commission? (No response.) CHAIRMAN SAUNDERS: Mr. Ochs, do we have a staff presentation? September 22, 2020 Page 43 MR. OCHS: No, sir. Staff concurs with the recommendation. And the unanimous recommendation for approval from your Planning Commission. CHAIRMAN SAUNDERS: Any registered speakers? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: We'll close the public hearing. Any discussion on the petition? (No response.) CHAIRMAN SAUNDERS: Any seeing none, is there a motion? COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: Make a motion to approve. CHAIRMAN SAUNDERS: We have a motion by Commissioner Fiala, second by Commissioner Taylor. Any discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Thank you. Item #10A RESOLUTION 2020-173: APPOINTING A MEMBER OF THE September 22, 2020 Page 44 BOARD OF COUNTY COMMISSIONERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE IN ACCORDANCE WITH APPROVED 2020 LEGISLATIVE CHANGES TO SECTION 410.9076, FLORIDA STATUTES OUTLINED IN HB1339 WHICH REQUIRES AN ELECTED OFFICIAL TO SIT ON THE AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) AND PARTICIPATE IN REGIONAL BI-ANNUAL MEETINGS – MOTION TO APPOINT COMMISSIONER TAYLOR – ADOPTED MR. OCHS: Mr. Chairman, that moves us to Item 10, Board of County Commissioners. Item 10A is a recommendation to discuss and appoint a member of the Board of County Commissioners to the Affordable Housing Advisory Committee in accordance with approved 2020 legislative changes to the Florida statutes. CHAIRMAN SAUNDERS: All right. Let me see if there is anyone on the Commission that would desire to be appointed to that. I'm sort of looking at Commissioner Taylor because of your interest in affordable housing, but -- COMMISSIONER TAYLOR: Yeah. I would be very interested. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: I would like it as well. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: But I'm not going to arm wrestle you over it. COMMISSIONER TAYLOR: You support affordable housing? COMMISSIONER McDANIEL: Of course. Always have. COMMISSIONER TAYLOR: Not -- your votes don't say that. COMMISSIONER McDANIEL: That's absolutely incorrect, September 22, 2020 Page 45 ma'am. CHAIRMAN SAUNDERS: All right. Any other commissioners want to be on this board? (No response.) CHAIRMAN SAUNDERS: Then we'll need a motion to appoint one of the two. I'm going to make a motion to appoint Commissioner Taylor just because of her long history of being involved in affordable housing, but that doesn't preclude other commissioners from, obviously, weighing in on that issue. COMMISSIONER FIALA: Could I ask Commissioner McDaniel, what was the organization you headed in Immokalee for the Farmworker Village? Was that it? COMMISSIONER McDANIEL: Absolutely. It was Collier County Housing Authority oversaw a section which has a subsidized housing program for farmworkers. I oversaw Section 8 housing in Collier County. And just a little incensed with your comment of how I vote because of the -- I vote to support housing affordability. I am the one that adjusted the vernacular away from affordable housing and into housing affordability, and I support concrete methodologies for providing for affordable housing for our community, adjusted the -- adjusted the housing program that we currently have for the whole period to shift it away so that the 15-year hold wasn't used as an impetus to double density and then move people out of the affordable housing and changed it to 30 years. So, I've brought -- and supported this board multiple times on housing affordability initiatives. So, thank you for asking that question. I just -- and, again, I'm incensed. COMMISSIONER TAYLOR: Don't be incensed. COMMISSIONER SOLIS: I'll second the motion. September 22, 2020 Page 46 CHAIRMAN SAUNDERS: All right. We have a motion and second. Any discussion? (No response.) CHAIRMAN SAUNDERS: Anyone registered to speak on this item? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. I'll call for the vote. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: That passes, I believe, 4-1; is that -- COMMISSIONER FIALA: Yeah. CHAIRMAN SAUNDERS: Okay. Item #10B ADVERTISING AN ORDINANCE FOR FUTURE CONSIDERATION THAT WOULD AMEND ORDINANCE NO. 75-16, AS AMENDED, TO ESTABLISH A ROTATION FOR SERVING AS CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS – MOTION TO APPROVE – APPROVED MR. OCHS: Item 10B is a recommendation to advertise an ordinance for future consideration that would amend Ordinance No. 75-16 as amended to establish a rotation for serving as chairman September 22, 2020 Page 47 and vice chairman of the Board of County Commissioners. Chairman Saunders brought this forward. CHAIRMAN SAUNDERS: Thank you, Mr. Ochs. I think everybody's probably read this. It's just -- quite frankly, it's just one paragraph. And we would start in January of 2021 with District 4, and -- yes, District 4. The Vice Chair would be the commissioner from District 5, and then subsequent year would be -- chairman would be District 5, then we'd go back to District 1. COMMISSIONER McDANIEL: I make a motion for approval, if you wish, and I'd like to have just a brief discussion before we go. But I'm okay with it. CHAIRMAN SAUNDERS: All right. We have a motion to approve the recommended -- or requested change. Is there any discussion? COMMISSIONER TAYLOR: I'll second. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Second? Did we second? COMMISSIONER TAYLOR: I'll second it. CHAIRMAN SAUNDERS: We have a motion and a second. COMMISSIONER McDANIEL: And the only comment was, Commissioner Solis, you are the Vice Chair and with a theoretical expectation of moving forward. Are you okay with the process as it's designed? COMMISSIONER SOLIS: I'm -- yes. COMMISSIONER McDANIEL: Thank you, sir. COMMISSIONER SOLIS: I'll keep it short. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. Just a couple of folks pointed out to me, Mr. Klatzkow, that a former commissioner had a succession ordinance that was created and passed by the Commission. So, my question to you is -- this would supplant it, is September 22, 2020 Page 48 that correct, or how does that work? MR. KLATZKOW: No. This is something that's going to be new to your code. COMMISSIONER TAYLOR: What do we -- MR. KLATZKOW: We had discussed it in the past, but it was never enacted. COMMISSIONER TAYLOR: Okay. Okay. Perfect. No, it's very clear -- very concise and puts things in order. CHAIRMAN SAUNDERS: All right. We have a motion and second. Is there any public comment? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Thank you. COMMISSIONER TAYLOR: Thank you, maybe. COMMISSIONER McDANIEL: Yes. Thank you for bringing that forward. That clears up a lot of things in discussion as we're going along. Item #11A RECOMMENDATION TO ACCEPT AN UPDATE ON THE DISTRIBUTION OF CORONAVIRUS RELIEF FUND (CRF) September 22, 2020 Page 49 ALLOCATIONS UNDER THE CARES ACT, PROVIDE BOARD DIRECTION TO STAFF ON APPLICATIONS FOR REIMBURSEMENT FROM COUNTY, MUNICIPAL AND PUBLIC SAFETY PROVIDERS UNDER THE COMMUNITY HEALTH & SERVICES INITIATIVES ALLOCATION OF THE CRF, AND TO APPROVE A POST-COVID RECOVERY MARKETING PLAN TO BE REIMBURSED BY CRF FUNDING – MOTION TO ACCEPT REPORT, BRING BACK AT NOVEMBER MEETING WITH AN UPDATED REPORT, REOPEN PORTALS AND CONTINUE PROCESSING APPLICATIONS WITH AN EMPHASIS ON NEEDS OF THOSE IN THE COMMUNITY – APPROVED MR. OCHS: Mr. Chairman, we move on to Item 11A. This is a recommendation to accept an update on the distribution of coronavirus relief fund allocation under the CARES Act, to provide direction to staff on applications for reimbursement from county, municipal, and public safety providers under the Community Health & Services Initiatives allocation and to approve a post-COVID recovery marketing plan to be reimbursed by the CARES Act funding. Mr. Callahan, your executive director for Corporate Business Operations, will present. MR. CALLAHAN: Good morning, Commissioners. For the record, Sean Callahan, executive director of Corporate Business Operations. So, the main objective to today's presentation is to give you an update on where we're at with disbursement of the CARES Act funds that we received earlier this summer. We will be asking for your input on a couple of things. One, the consideration of municipalities and other public entities that may September 22, 2020 Page 50 have otherwise qualified under one of our buckets be given previous Board direction. We did not move forward with funding at this time. At your prior meeting on September 8th, we did discuss the CARES Act marketing plan. There was a motion made to move forward with it with the premise that we would give a full update on that today. We're joined -- we have folks in the audience from Paradise Advertising to do that. And then we'll be asking, as we go through this, if there's any adjustments to the funding program, that you provide direction to us on that time. Just to refresh everybody's memory, back in June we received an allocation of the Coronavirus Relief Fund. It was directly paid to us in the amount of about $16.8 million, and that was out of a possible -- a little bit over $67 million that we received. I won't belabor the point of going through the eligible expenditures that are there, because you've heard that from me quite a few times. Friday, the Governor did announce the opportunity to begin to apply for a second tranche of funding provided that the first tranche was accounted for and there was a spending plan along with the second request. So, staff's currently working with the Florida Division of Emergency Management to work through that and figure out how we can do that in the most timely manner. Just to refresh your memories on the allocations. At your July 14th BCC meeting, you allocated $15 million to an individual assistance program for rent and mortgage utility; $10 million to a small business relaunch and re-hire program grant fund; $30 million to community and health services initiatives which included a set-aside of $5 million for childcare initiatives and $5 million for emergency food assistance; $5 million for personal protective equipment, and we set aside $7.1 million for a community reserve and replenishment if it was to be necessary through any of these programs. So, an update so far. You can see in the chart that's in front of September 22, 2020 Page 51 you, we have had each of these programs open, and we've closed each of them. So, there was an allotted period of time that we accepted applications for each of these programs. We've since made awards in some that we've ranked and scored, including the first one, the Community Health & Services Initiative. We received 52 applications. We were able to fund approximately 26 with the first allocation of funds that were available. So, we started, and we cut it off just over $20 million because that was our allocation. And then in working with each of those awardees we did have to adjust some of the funding if we found that it might not meet an eligible expense or be duplicative with another pot. So, we actually ended up committed to about $18.4 million in that bucket to 26 different community providers that met that articulate. So, under the childcare assistance, that was open from August 3rd to the 17th. We had 21 applications submitted. We were able to fund 18 of those at the amount of just over $2 million. Our Individual Assistance Program, we received over 1,200 applications for that. That was open from the 17th to the 31st. We have begun processing those applications. We -- I want to say we've turned the corner on working through some different problems that we've had with documentation. That started to be paid out at a much higher rate in the past couple weeks. I thank the Clerk's Office for working through that. We anticipate that after we work through those applications and process them at the amount that the average award is versus how many we have left to process, that we're going to be at $8.3 million out of that 15 million. On the Small Business Assistance Program, that portal just closed last week, last Monday. We received 379 applications. We've sent the first two over to the Clerk's Office. We found that to be successful to work with our Finance Department, again, to identify September 22, 2020 Page 52 what some of the hurdles might be when we start to rapidly process those. So, we've sent the first two over. We anticipate that, given the number of applications and eligibility, that will be about 7 to $8 million expended from that 10- that was allocated. Personal protective equipment, we received -- we received requests for 1,045 kits. We've so far begun to purchase some of that equipment. I'll get to how we're going to distribute that a little bit later in my presentation. But given the demand that we're seeing, we're expecting to spend about $3 million of the $5 million application -- or allocation, excuse me. And then emergency food assistance, we were lucky enough to have the Community Foundation of Collier County come in and volunteer to help us out with the distribution of those funds given their previous work with our food banks in the area. And so far they've allocated about $2.1 million to those food banks, and they're expecting to use the entire $5 million allocation by the end of the program. So that adds up to funding committed that we have; a little bit under $25 million at this point. I know that there were some questions about reopening portals, about reallocation of money in between the different pots. So, we tried to, based on what I gave you on the last slide, come up with what might be available to allocate. And if you look through all the different categories, I'm going to leave out individual assistance and small business for the moment, but there appears that there's going to be about $12 million that we could reallocate to different funding pots. On the individual and small business assistance, I noted that individual assistance had about 1,270 applications that were filed. There were more that began in the system but, unfortunately, did not meet the deadline or did not have all required documentation by the September 22, 2020 Page 53 time the portal closed. So even though we do anticipate after processing that first tranche that there's going to be funding available left over, staff would probably recommend to the Board that we -- that we process those first tranche of applications that were completed and then potentially reopen to folks that are already in the tranche that may not have had the required documentation at the time or that may not have timely submitted that application. And then the same thing for small business assistance. I do know we heard from Ms. Bricco earlier. That was her request. We anticipate having some funding availability left over that we could do that for businesses that are in that same category. So that's where we're at with possible reallocation of funds. Now, within -- I mentioned this at the beginning. Within the Community & Health Services Initiatives, we did receive several applications from our municipalities from other -- some other public-safety entities that would have met the criteria to be awarded funding under the criteria that was set up at the beginning of this. We chose not to fund them at this time given prior Board direction on reimbursement of government expenses. Through the same time, we've had other Collier County internal expenses to our department beyond the administration of the program that we've incurred due to increased sanitation, purchase of PPE, and different operating expenses that are associated with that. I would like to point out that today we would like to ask if you would like to consider reimbursing those public entities but also note that there were other -- there were other public agencies like the Sheriff's Office that did not submit given what the Board direction was that I know have incurred expenses, our constitutionals as well who did not submit at the time. CHAIRMAN SAUNDERS: Let me interrupt for a quick second. September 22, 2020 Page 54 Commissioner Fiala, did you have a question at this point, or did you want to wait until the end? COMMISSIONER FIALA: I could wait till the end, but I do want to ask it. MR. CALLAHAN: Sure. So I'll pause there, and I just want to point out two things, and then we can pause probably in the presentation and answer any questions about this specific funding, because we are going to move on to that marketing item that I mentioned at the beginning. I do want to recognize the 30-plus staff who staffed our call center all the time these portals were open. They accepted over 2,000 calls for all of the different various programs and helped people work through applications, helped people with submission of those applications and questions regarding them. Those are staff that came from all different county departments, and they did a great job in doing so. The other thing, this is more of a public service announcement. I mentioned that we had purchased quite a bit of personal protective equipment. That's going to be distributed to our community partners, to different businesses that requested it. And we're going to need to assemble those kits. So, we're going to make that be available. We're looking at dates in October and November to do a day of service. We'll have that available to all county staff to participate in, and then any of our community partners as well. So with that public service announcement, we'll make those dates available as we get them scheduled, but I do want to stop here before we get into our partners with the marketing act and see if there are any questions about the program as it's been -- CHAIRMAN SAUNDERS: Just real quickly. We do ha ve a request from the Clerk's Office in reference to a reimbursement in the amount of $47,477.17. I don't know if you've received that or not. September 22, 2020 Page 55 Ms. Kinzel is here and can explain that. But I want to make sure that gets into the mix as well. MR. CALLAHAN: And, Commissioners, that's what we intended to do along with those public-safety providers that I outlined that actually submitted a request. We did mention the Sheriff's Office, and there are others, including the Clerks, that do have reimbursement requests. We've been advised by our professional staff with Management & Budget that we should proceed with timely reimbursement of those expenditures prior to the end of the fiscal year. It wouldn't be the end of the world, but it would certainly help us with audit compliance in the future, so that's why we brought this back today even with the Board direction that we received before on -- CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: It's interesting you talked about the Clerk's Office. I was just going to ask if the Clerk's office follows through after we've distributed this money to make sure that it's used for what it was meant to use. We do have professional people that know how to request all the money and maybe don't use it as wisely as we had thought they would be using it. And I wanted to make sure that the Clerk in on that or -- I mean, that you guys follow up on that. MR. CALLAHAN: And, Commissioner, I'll just say, this has been a very collaborative process with the staffs, especially in the individual and business. That's why we structured it on a reimbursement basis so that we would have that extra check and balance before we cut a check. But I'll defer to Crystal on that. We've -- like I said, we've worked through this together, and we're started to get around the corner with processing a lot of these, and my hope is that they'll continue to fall out, so... MS. KINZEL: Thank you, Commissioners and Commissioner September 22, 2020 Page 56 Fiala. But, exactly, our staffs work very closely with Sean's, and because this is primarily reimbursement, we're doing most of those audits and validations up front, so they would have already incurred costs or have receipts and have evidence of that prior to us making the payments. But we're very proud of that, and I want to thank also the Clerk's Office staff. We're trying to process things. We don't wait for check runs. We don't wait. We're trying to, as soon as we can validate things, get the money out the door so the program runs smoothing. So, thank you, Sean. CHAIRMAN SAUNDERS: Commissioner Fiala, anything else? COMMISSIONER FIALA: No, that's it. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I -- thank you, sir. I just would like to ask Sean a couple of questions. MR. CALLAHAN: Sure. COMMISSIONER McDANIEL: And then you're the one that's knee deep in this. As far as I can actually ascertain from the documentation, about 50 percent of the money has been requested and/or committed, plus/minus 67 million total, 24 million in the process right now and another 2 million plus/minus with regard -- or a million for independent districts, another 8 million out. So round numbers, we're 50 percent in. MR. CALLAHAN: Your math might be better than me off the top of the head, but I think you're about correct, Commissioner. COMMISSIONER McDANIEL: Take your shoes off so you can get to there. That higher math stuff; you've got to count. So now, my comment is, my discussion is, with you, is our original pretense with this CARES Act funding was to get it to the people first before the government received its reimbursables and so ons and so September 22, 2020 Page 57 forths. I do understand that the special taxing districts, and certainly our first responders, have overwhelming issues with regard to PPEs and equipment and employee issues and so on and so forth. So maybe we could give some consideration to -- you know, for the record, I mean, I'm okay with staff's recommendation in accepting this, but I'd like to give or hear your thoughts with regard to additional consideration to reopen these portals on a pro rata basis to allow for the community -- I heard multiple folks shared with me that they didn't even know about it, didn't know the availability was there to request for assistance until even the -- sometimes even after it was over, let alone while the portals were, in fact, open. The portals were only open for approximately two weeks apiece, and so that -- so -- CHAIRMAN SAUNDERS: Mr. Ochs, we may need you to be listening to this. I apologize for that – MR. OCHS: I am, sir. CHAIRMAN SAUNDERS: -- but there's going to be a question that's going to follow this conversation. MR. OCHS: Yes, sir. I've got it. COMMISSIONER McDANIEL: That's okay. They were over there in a huddle trying to figure this out. But I would like to make a recommendation that we reopen the portals, continue processing the applications that have, in fact, been applied for, and then -- and then have a look as to whether or not we want to reimburse. I mean, I can only really speak for ourselves from the county's perspective on our reimbursements, but I would much rather see this money go to our not-for-profits, our individuals, the businesses that suffered because of the shutdown orders and the like. I would really, really rather see that money be disbursed to them first. September 22, 2020 Page 58 I've had communication with our staff, and we have experienced expenses. I'm not saying that we haven't, but we also have at the same time been doing okay with regard to our TDT tax and our sales tax and our gas tax and the like. So, our revenue streams haven't been as definitely damaged as the private sector. CHAIRMAN SAUNDERS: I think the Commission was very clear at the outset we want to get as much of this money into the hands of the people that need it and that reimbursement of government expenses would be a last thought if there was anything left over. So I agree with Commissioner McDaniel in that regard, and I don't know if -- I assume that staff's taken that under consideration as we're going forward with this, that that's really our goal is to get money where it's really needed. COMMISSIONER McDANIEL: And if I might say in review of the executive summary, I think I saw that the special taxing districts which are predominantly the City of Naples -- independent taxing districts, the City of Naples, the City of Marco, our fire control -- or fire departments all total up to a million dollars of requested reimbursables. And so -- CHAIRMAN SAUNDERS: Let's hear from staff on that in that regard, Mr. Callahan. MR. CALLAHAN: And, Commissioner, that is correct that the actual expenditures that have been submitted total up to that. I would make the comment again that I made earlier, there are likely others, the Sheriff's Office and some in particular, that would submit had they thought they'd been able to. The other thing, this money is federal money, so it's all under federal single audit. And I would remind the Commission, just respectfully, that the end of the year is the deadline to expend these funds. So I think staff made this recommendation with the guise that we could continue to even reopen portals and try to meet those September 22, 2020 Page 59 deadlines for expenditure with that with the remaining funds that were there and reimburse these government entities timely in this fiscal year as well, and that's really what the staff was recommending today. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: I would agree to reopen the portals, but I do have a question. When you say that the state is considering another tranche of money, what are we talking about? Do we have any figures? MR. CALLAHAN: Well, see, we were allocated $67 million. So, we were directly sent 16.8 million, give or take. That was a check that was written to us that's in our account right now that we can expend. The rest of it, the remainder of that 67 million, was originally thought to be on a reimbursable basis, which is how it was announced. On Friday, the Governor sent out -- came out and said you could have your second 25 percent cut to you. COMMISSIONER TAYLOR: Okay. MR. CALLAHAN: Could you show us how you spent it? And then also give us a spending plan for the next tranche and the remainder of it. So, staff's currently working on that right now. COMMISSIONER TAYLOR: Okay, good. All right. I think that, clearly, the 501(c)3s have pretty much exhausted their allocation. So, when you consider re -- doing this again and opening these up again, are we talking the same amounts? What are we talking about? MR. CALLAHAN: If you were to open the Community & Health Services portal again, we would likely need to reallocate some money to that. Now, I would point out, we would have to go back through the applications. There was a request for 28 million. That would be -- that was the total amount of applications that we couldn't fund at the time. So, we could look down the list and then check the September 22, 2020 Page 60 eligibility of those different accounts that fell under that and see if those would help exhaust funding. But as you correctly pointed out, I think we have about $1.5 million left in that allocation right now with what's committed, and we would probably need to reallocate funding to that if we were to reopen it. COMMISSIONER TAYLOR: And from -- you've got your finger on the pulse of, based on what we've just gone through, where the needs are; is that correct? I think you have, more so than we have up here. I mean, you wouldn't need direction from us about the reallocation; is that correct? Is that what you're looking for? MR. CALLAHAN: I believe we would actually need direction from the Board on any reallocation. COMMISSIONER TAYLOR: And do you have a concept of how you want to reallocate? MR. CALLAHAN: Well, as I mentioned, I think the staff recommendation at this point would be to leave individual and small business. Again, that's direct payments to folks in the community, those businesses. We do anticipate having leftover funds at that point in time that we've processed all of the existing applications. So, we could try to expend those funds that are already allocated there. I think outside of that, roughly, there's another $12 million give or take that could be put into different buckets from what we've seen, and that would be in play if you wanted to reopen something like the Community & Health Services portal. COMMISSIONER McDANIEL: Could I ask a favor; just to go to the first slide. COMMISSIONER TAYLOR: Hold on for a second. And what does the -- what balance -- if we do this reallocation, what does that leave us for the government expenses? The City of Marco? City of Naples? Greater Naples? MR. CALLAHAN: Nothing. So, we would need to account September 22, 2020 Page 61 for those first. If it's the Board direction, which I think I'm hearing, we would like to account for those government expenses before reallocating. If we did take that full 12 million and expended the rest, as projected by staff, that would be the exhaustion of the funds. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Okay. I just want to make sure that I -- I thought I understood it, but now I think I might have confused myself. So, with this reallocation that's on the screen now, that would exhaust funds? MR. CALLAHAN: So, the total available, Commissioner, that we think could be reallocated from different buckets, including that preserve and replenishment, $12 million. COMMISSIONER SOLIS: About $12 million. And -- MR. CALLAHAN: If we took that 12 million and put it in the Community & Health Services bucket, we wouldn't have anything remaining to be able to reimburse those municipalities, public-safety providers. COMMISSIONER SOLIS: Okay. So that was my question. This is -- the 12 million is before reimbursing any of the municipalities or independent districts? MR. CALLAHAN: So if the Board was inclined, we could go out and figure out a way to account for the Sheriff's Office and others that may have not submitted given the Board direction, expend those funds, and then take the remainder of that and allocate it into Community & Health Services if that was the will of the Board. COMMISSIONER TAYLOR: Wow. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Can you go back to the first slide. That was what I was asking for. MR. CALLAHAN: Yes, sir. This one? September 22, 2020 Page 62 COMMISSIONER McDANIEL: No, no. The one that had all of them with the amount that we originally allocated with the amount that was applied for, and it was all on -- it was in columns. It wasn't -- there you go. I think that's it. Yes, I think that's it. And that was where I was coming up with the approximate 50 percent. This does not include the government reimbursements over the other $8 million expenditure that's out there as well. So my -- and my question or thought is -- and maybe we can give some priority to our -- to our first responders with regard to reimbursements over and above the individual municipalities, not that they're not important but, again, my heart is telling me we need to really be focused on getting this assistance money from the federal government back to the people of the community over -- in advance of the government. And even though our fire departments and Sheriff's Office are part of us, I know about the enormous amount of expense that is -- that has been burdened by them just in -- just in overtime and PPEs and so ons and so forth. So I'd like for us to maybe segregate out the two cities, the two municipalities, and set them aside and reimburse our -- give an appropriation for our first responders and then reallocate for the people, and then at the end, whenever the expiration -- didn't you say it was the middle of December, or the end of the year? MR. CALLAHAN: It's currently December 30th, sir, if it's not extended by -- COMMISSIONER McDANIEL: Okay. So, it's the end of the year. And sometime before -- maybe in our December meeting we can revisit this to see if there's anything left to reimburse the independent -- or the municipalities, so... CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: And I know that there's some requests that aren't accounted for in the chart, in the summary. September 22, 2020 Page 63 You've got the Immokalee Fire Control District, Greater Naples Fire Control District. Any requests pending from North Naples? MR. CALLAHAN: As I mentioned, Commissioner, we did -- we did receive some inquiries from different – COMMISSIONER SOLIS: North Collier, I mean. MR. CALLAHAN: Yeah, North Naples Fire District, the Sheriff's Office staff was in touch with, that did not submit requests based on what the Board direction was. The folks that you see here, they did submit requests through the Community & Health Services portal, but there's likely others, including the reimbursement from the Clerk's Office sitting in front of you, that did not submit it at that time due to what the Board direction was on reimbursement of municipalities and public entities. CHAIRMAN SAUNDERS: Okay. I think my preference would be to treat all of these governmental entities, which includes us, the same. And at the end of the day, when we've disbursed as much of this money as we can, we can then prorate to the individual governmental entities, the Clerk's Office, the Sheriff's Office, the two cities, based on what may be left over. I think that, obviously, we fund the Sheriff's Department. We fund the Clerk's Office. So, if there's a shortfall there, we're going to find a way to make up for that. So, I don't know that we need to use these dollars. Everybody has to kind of suffer a little bit, and that should include us as well. So my view would be, let's get as much of this money as possible into the hands of the people that need it, and at the end of the process, when we get into this December, if there's money that's left over, then we can prorate that to the individual governmental entities on the basis of how much they've asked for and how much we have available. That would be my preference. September 22, 2020 Page 64 Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, and I agree. That's a far more prudent path to travel than the segregation and picking one over the other and on the singular premise of getting this money back to our community and the residents first. And we can certainly revisit. Those two are in a huddle again. How come every time I talk, you quit? MR. OCHS: We do. COMMISSIONER McDANIEL: And we can certainly revisit this, again, in October. We have multiple meetings prior to -- and I was just joking, by the way. So... CHAIRMAN SAUNDERS: Any other comments from the Commission? COMMISSIONER FIALA: I'll just throw in, the suggestions you just made seem very fair, and that's what it's supposed to be all about; be fair. CHAIRMAN SAUNDERS: All right. Mr. Ochs, you're going to need a motion from us to accept the report at this point? MR. OCHS: Yes, sir. And given the Board's discussion, I'd like to bring the next update back at your December meeting. In the meantime, reallocate available funding into your Community Health & Services category, which seems to be the area of greatest need at this point. And then we'll give you the update in early -- I think it's December 8th is your board meeting, and then you can revisit the question of funding for the public entities. CHAIRMAN SAUNDERS: Let me suggest that you bring it back to us in November. If we get into December, we have that meeting on December 8th. We don't have another meeting that month. That precludes any ability to make any changes unless we schedule a special meeting. And I don't think we're going to need to do that, so let's -- unless there's some objection from the Commission, September 22, 2020 Page 65 let's bring that back in November. MR. OCHS: Yes, sir. Will do. Let me just turn to Sean. Any problems with that guidance? MR. CALLAHAN: No, sir. MR. OCHS: Okay. CHAIRMAN SAUNDERS: We do have public comment. Commissioner McDaniel, do you want to hear the public comment first? COMMISSIONER McDANIEL: I just want -- a follow-up. And I like the idea of the report, even maybe a brief one, in October sometime as to how we're progressing, and I wanted to make sure that your direction, Mr. Chair, had to do with reopening the portals -- CHAIRMAN SAUNDERS: Absolutely. COMMISSIONER McDANIEL: -- on those allotments and such as well. So that was all. And I like the idea of November being an update. CHAIRMAN SAUNDERS: All right. Before we go to a motion, we have public comment. MR. MILLER: Yes, sir. We have one regi stered remote speaker for this item, Kingman Schuldt. Kingman, are you there, sir? Well, hold on a minute. I want to see if I'm -- I'm not unmuted on my end, Kingman. Okay. Go ahead, Kingman. MR. SCHULDT: Okay. You can hear me. Thank you very much. Good morning, Mr. Chairman, Board members and Mr. Manager. First, Commissioner Fiala, thank you for everything you've done for East Naples now Greater Naples Fire District in your 20 years of service. We greatly appreciate everything and wish you the very best in your retirement. COMMISSIONER FIALA: Thank you very much. September 22, 2020 Page 66 MR. SCHULDT: Yes. In light of the conversation -- I wasn't sure I was going to speak at all, but I think I will just very quickly express the need and the concern for approval of funding for special taxing districts, specifically Greater Naples fire rescue. You know, to date, we've spent roughly $175,000 in supplies, PPE, necessary equipment to maintain critical services to the community. So, our initial application that we put in for was $350,000; $350,443 was requested. In review of the executive summary, I see that the proposed recommendation, whenever that would be considered, is for an amount of $234,575, and that falls under D2 category, which is future expenses. And for this reason, in the application, it would appear that our expenses to date of $115,868 was not considered. And I will say that we greatly appreciate any consideration for any funding. I will say that the Manager's Office and county staff have been absolutely the best partners throughout this pandemic to assist us in providing essential services. But at such time that there is a decision made, we would request that our total application be considered in the amount of 350,443 for expenses to date and future expenditures. On the behalf of our board of fire commissioners, thank you very, very much, and please consider any funding, and it would be greatly appreciated. That concludes my presentation. CHAIRMAN SAUNDERS: All right. If there's no further public comment -- MR. MILLER: That's correct, sir. CHAIRMAN SAUNDERS: -- we're ready for a motion. The motion would be to approve the report and to emphasize the process of getting more money to the people that need it and dealing with the governmental entities at the end coming back in November with a September 22, 2020 Page 67 report and possibly in October if you have a report to make. Any discussion on the -- COMMISSIONER FIALA: Yeah, I'll make that motion. Thank you very much. CHAIRMAN SAUNDERS: All right. We have a motion. Is there a second? COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Commissioner McDaniel seconds the motion. Any discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Let's take a break until 20 minutes -- or I'm sorry, 10 minutes to 11. Well, let's come back at 11 o'clock. Give us a little bit longer in the break. We'll be in recess till 11:00. (A brief recess was had from 10:43 a.m. to 11:00 a.m.) CHAIRMAN SAUNDERS: The meeting of the County Commission will reconvene. Mr. Ochs, if you'll guide us through this next item. Item #11B RESOLUTION 2020-174: A RESOLUTION AUTHORIZING THE September 22, 2020 Page 68 ISSUANCE OF NOT EXCEEDING $92,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA SPECIAL OBLIGATION REVENUE BONDS, SERIES 2020A TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS AND REFINANCE CERTAIN OUTSTANDING INDEBTEDNESS OF COLLIER COUNTY; AND NOT EXCEEDING $26,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA TAXABLE SPECIAL OBLIGATION REVENUE BONDS, SERIES 2020B TO PURCHASE CERTAIN REAL PROPERTY; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO SAID BONDS; AUTHORIZING THE AWARDING OF SAID BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE COUNTY MANAGER FOR THE AWARD OF THE BONDS AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID BONDS; AUTHORIZING THE PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR A SUMMARY THEREOF; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; PROVIDING FOR AN EFFECTIVE DATE; AND APPROVE ALL NECESSARY FY 2021 BUDGET AMENDMENTS – ADOPTED MR. OCHS: Yes, sir, this is Item 11B, and it's a recommendation to approve a resolution authorizing the issuance of not exceeding $92 million in aggregate principal amount of Collier September 22, 2020 Page 69 County, Florida, Special Obligation Revenue Bonds to finance the acquisition, construction, and equipping of various capital improvements and refinance certain outstanding indebtedness of the county and not exceeding $26 million in aggregate principal amount of Florida tax -- excuse me -- Taxable Special Obligation Revenue Bonds to purchase certain real property in Collier County. Mr. Isackson, your director of Corporate Financial Planning and Management, will make the presentation. Mark. MR. ISACKSON: Good morning, Commissioners. Mark Isackson with the Office of Management and Budget. The operative packet page for this executive summary begins on Page 217. As Mr. Ochs says, it's a recommendation to approve a bond resolution in an amount not exceeding $92 million of taxable debt and $26 million in tax exempt debt. Within the executive summary, there is an applicable sources and uses of fund table as well as a plan of finance, which comprises part of the information. Now, the operable action item is essentially a resolution which authorizes the issuance of the bonds, the marketing of the bonds, and also the operable attachments to the bonds for marketing and sale purposes. Commissioners, I'll stop. If you have any questions on this, I'll be happy to answer. CHAIRMAN SAUNDERS: All right. I don't see anybody's light lit up yet. Commissioner Fiala. COMMISSIONER FIALA: Yes. I just want to ask that we consider on this budget hearing, on this part icular item, there's one park -- or actually, the parks in East Naples don't have a place for the children to go inside and play, whether it be lightning storms or cold weather or too hot or whatever. They're -- like Sugden, of course, September 22, 2020 Page 70 doesn't have any place to go inside, and the East Naples Community Park now is ripping everything out, and eventually they'll have something there, but I don't know what it's going to be. And then the Eagle Lakes Community Park has one big room, but there's -- they don't even have rooms in there where the kids can work on crafts and anything. I've been begging, and I'm not kidding you when I say begging, to please let us have what other parks have, because we have so many children. We've got all of the kids -- we've got so many kids in here, and I just want to ask that they please consider this as they have these funds. They're doing everything for a lot of good parks, but you don't see any at our parks here. Thank you. CHAIRMAN SAUNDERS: All right. Are there any other questions or comments? (No response.) CHAIRMAN SAUNDERS: Any registered speakers? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. Then unless there's some -- COMMISSIONER TAYLOR: Move approval. CHAIRMAN SAUNDERS: -- further discussion, we'll need a motion then. COMMISSIONER TAYLOR: I'll move approval. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. September 22, 2020 Page 71 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. COMMISSIONER FIALA: And so that way, then, you'll consider looking at that, too, so that you have some funding for that, please. MR. ISACKSON: Thank you, Commissioners. Item #11C RESOLUTION 2020-175: A RESOLUTION AUTHORIZING THE CONDEMNATION OF THOSE FEE SIMPLE AND EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION AND EXTENSION OF VANDERBILT BEACH ROAD FROM COLLIER BOULEVARD TO EAST OF 16TH STREET NE AND MASSEY STREET FROM COLLIER BOULEVARD TO SOUTH OF MOCKINGBIRD DRIVE – ADOPTED MR. OCHS: Item 11C is a recommendation to adopt a resolution authorizing the condemnation of those fee simple and easement interests necessary for the construction of roadway, drainage, and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to East of 16th Northeast and Massey Street from Collier Boulevard to south of Mockingbird Drive. Mr. Jay Ahmad, your director of Transportation Engineering, is available to present or answer questions from the Board. Jay, is there anything you need to get on the record? September 22, 2020 Page 72 MR. AHMAD: Unless the Board has any questions, I'll be happy to answer any questions, but nothing. The packet should be -- COMMISSIONER FIALA: I make a motion to approve. MR. AHMAD: -- complete. CHAIRMAN SAUNDERS: We do have a couple. Commissioner McDaniel. COMMISSIONER McDANIEL: I'll second the motion. I was just going to make a motion for approval. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. I think it's -- just if we went to the PowerPoint and just to show how the initial, the original path changed, and I just wanted to thank you so much for the work that staff has done in this to accommodate residents and to be flexible enough to make this work for everybody along this road. So, I think it's a real feather in your cap. Thank you. MR. AHMAD: You're welcome, Commissioner. Thank you. CHAIRMAN SAUNDERS: All right. Again, we have no registered speakers? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. We have a motion and a second. If there's no further discussion, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. September 22, 2020 Page 73 MR. AHMAD: Thank you. Item #11D AWARD AGREEMENT NO. 19-7583, “DESIGN SERVICES FOR THE NESA WELLFIELD,” IN THE TOTAL AMOUNT OF $7,114,968, FOR THE NORTH EAST SERVICE AREA (NESA) WELLFIELD, TO CDM SMITH INC., WITH AUTHORIZATION TO ISSUE AN INITIAL PURCHASE ORDER FOR PHASE 1, IN THE AMOUNT OF $1,758,435.90, FOLLOWED BY FUTURE PURCHASE ORDER MODIFICATIONS FOR SUBSEQUENT PHASES, SUBJECT TO BOARD APPROVAL AND AS DICTATED BY BOARD-APPROVED FUNDING, IN SUPPORT OF THE NESA WELLFIELD – APPROVED MR. OCHS: Item 11D is a recommendation to award an agreement for design services for the Northeast Service Area Wellfield in the total amount of $7,114,968 for the Northeast Service Area Wellfield to CDM Smith, Incorporated, with authorization to issue initial purchase order for Phase 1 in the amount of $1,758,435.90 followed by future purchase order modifications for subsequent phases subject to Board approval and as dictated by Board-approved funding. Dr. Yilmaz is available to make a presentation or respond to questions from the Board. CHAIRMAN SAUNDERS: All right. Are there any questions or comments from the Commission? COMMISSIONER SOLIS: Move for approval. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Do we have any registered speakers? September 22, 2020 Page 74 MR. MILLER: We do not, sir. CHAIRMAN SAUNDERS: We have a motion and a second. If there's no further discussion, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. COMMISSIONER FIALA: Good presentation, George. DR. YILMAZ: Congratulations, ma'am, and thank you, Board. Item #11E A DEVELOPER AGREEMENT FOR EXCAVATED MATERIAL BETWEEN RP ORANGE BLOSSOM OWNER, LLC (OBR) AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY (COUNTY) TO PROVIDE AN OPTION TO PURCHASE EXCAVATED FILL FOR USE ON COUNTY PROJECTS – APPROVED MR. OCHS: Item 11E a recommendation to approve a Developer Agreement for Excavated Material between RP Orange Blossom Owner, LLC, and the Board of County Commissioners to provide an option to purchase excavated fill for use on county projects. I don't see Ms. Bishop in the room, so I'll ask Mr. Casalanguida to give -- either respond to questions from the Board or provide a brief presentation if needed. September 22, 2020 Page 75 CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: The date -- you need to move this fill within 30 days; is that correct? MR. CASALANGUIDA: They want to move it within 30 days, ma'am, and we're ready to accept that after that. COMMISSIONER TAYLOR: Okay. Oh, they -- MR. CASALANGUIDA: They want to clear their site. That was one of the enticements for them is to get the dirt off their property. COMMISSIONER TAYLOR: Perfect. All right so 30 days is the window? MR. CASALANGUIDA: Thirty days they'll start moving it. That's when they'll start delivering it to our site, ma'am. COMMISSIONER TAYLOR: Oh, they're delivering it to us. MR. CASALANGUIDA: Right. The other component is they're going to agree to modify their water management for the Big Corkscrew park. Both of those -- CHAIRMAN SAUNDERS: Any registered speakers? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. Do we have a motion? COMMISSIONER McDANIEL: Motion for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: All right. We have a motion and second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) September 22, 2020 Page 76 CHAIRMAN SAUNDERS: Thank you. MR. OCHS: Thank you, Commissioner. Item #11F THE COMPLETED ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER – MOTION TO ACCEPT THE REPORT – APPROVED That moves us to Item 11F. This is a recommendation to accept the Annual Performance Appraisal for the County Manager. Commissioners have all submitted their individual scores. The overall average grade on a three-point rating scale is 2.89. So, I'll -- I want to thank the Board for their continued trust and confidence in myself, and this is a reflection of the great work that county staff does. So, thank you, all, for your individual reviews, and we look forward to another good year. CHAIRMAN SAUNDERS: All right. Any comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Any registered speakers on this item? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. I want to congratulate you, Mr. Ochs, on the evaluation. It's obviously very good. But I also, in particular, want to congratulate you on having an excellent staff that makes you look good, so thank you. MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: That's got to be a full-time effort on their part. MR. OCHS: Yes, sir. It really is, and they'll be the first to tell September 22, 2020 Page 77 you that, by the way. CHAIRMAN SAUNDERS: All right. We need a motion to accept the -- or I assume we need a motion to accept the report. So, is there a motion? COMMISSIONER TAYLOR: I'll move. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: All right. We have a motion and second to accept the completed Annual Performance Appraisal for the County Manager. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. OCHS: Thank you, Commissioners. Item #12A ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY – MOTION TO ACCEPT THE REPORT – APPROVED That takes us to Item 12, County Attorney's report. Item 12A is the Annual Performance Appraisal for the County Attorney. Mr. Klatzkow. MR. KLATZKOW: And the backup material you have as far as the various ratings go, and I'm just here to answer any questions. CHAIRMAN SAUNDERS: All right. Any comments from September 22, 2020 Page 78 the Commission? (No response.) CHAIRMAN SAUNDERS: I'm going to make the same comment I did with the Manager. Congratulations on an excellent report and, again, congratulations to your staff for the work that they do to keep us advised on all the legal matters being presented to the county. MR. KLATZKOW: They make me look good. Thank you. CHAIRMAN SAUNDERS: They're doing their best. Commissioner Fiala. COMMISSIONER FIALA: I just want to mention one little thing. I just got a note from a constituent, and he said, I just want to comment, no matter when I call to the county for anything, everybody is always there to help me. He said, I don't know how you have such a marvelous staff but, he said, you're enviable. And I thought that was a wonderful thing. I was going to send it over to you guys to show you there are people that really app reciate who we have working for us because they're knowledgeable and easy to work with. And, anyway, thank you on your part for doing a good job with all your staff. CHAIRMAN SAUNDERS: I think I'm going to add a little bit of a compliment to the Commission in reference to what you just said and also to the Manager, because the efforts of our staff, it really begins with the leadership of the Commission and the Manager in making sure that staff does what we expect them to do, and so I think you're 100 percent correct in what you've said. And, again, that's another credit to the Manager for conveying the importance of answering every phone call, every email, and making sure that our constituents are -- their issues are addressed. COMMISSIONER SOLIS: And the county as well keeping us out of trouble. September 22, 2020 Page 79 MR. OCHS: And that is a full-time job. MR. CASALANGUIDA: He does his best. CHAIRMAN SAUNDERS: All right. So -- MR. OCHS: Mr. Chairman, that takes -- oh, I'm sorry. Was there a vote on 12A? CHAIRMAN SAUNDERS: No, I don't believe so. We have a motion and second to approve the Annual Performance Appraisal for the County Attorney. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #12B THE BOARD OF COUNTY COMMISSIONERS EXTENDS THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO SEPTEMBER 30, 2023 – APPROVED MR. OCHS: Item 12B is a recommendation that the Board extends the County Attorney employment agreement to September 30, 2023. COMMISSIONER TAYLOR: So move. COMMISSIONER SOLIS: Second. CHAIRMAN SAUNDERS: I have a motion and second. Mr. Klatzkow, do you have any comment? MR. KLATZKOW: No, sir. September 22, 2020 Page 80 CHAIRMAN SAUNDERS: Any registered speakers? MR. MILLER: No, sir. CHAIRMAN SAUNDERS: All right. We have a motion and a second. I see no further -- COMMISSIONER SOLIS: I'm just -- are you sure? No, I'm joking. It's been a rough -- a rough few months, I think, for the County Attorney's Office just with everything that's going on. So, I would like to thank the County Manager -- I mean the County Attorney for some good advice and in some tough times. CHAIRMAN SAUNDERS: All right. We have a motion and second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. OCHS: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS That brings us to Item 15, staff and Commission general communications. Nothing from me today, sir. CHAIRMAN SAUNDERS: Ms. Kinzel, do you have anything? MS. KINZEL: No. Thank you. CHAIRMAN SAUNDERS: Mr. Klatzkow. September 22, 2020 Page 81 MR. KLATZKOW: No, sir. CHAIRMAN SAUNDERS: We'll start with Commissioner McDaniel. Anything for the good of the order here? COMMISSIONER McDANIEL: Yeah, well, two things. I heard in one of the public discussions earlier that the Governor sent out by Tweet requesting information on actions taken by the Board, so ons and so forth. I didn't realize that was by a Twitter account. I haven't seen our reply to that. Have we? MR. OCHS: Actions taken by the Board with regard to... COMMISSIONER McDANIEL: The Governor sent out a request of all municipalities with all Board actions taken in regard to COVID. MR. OCHS: Oh, yes, yes, yes. COMMISSIONER McDANIEL: I haven't seen that yet. I would like to have that. I don't recall seeing it coming through. MR. OCHS: Sure. Yes, we did respond. COMMISSIONER McDANIEL: I didn't realize -- I didn't know if we had to respond when it came off of his Twitter account, if that was as official as email or normal mail. So, I just -- I heard one of the public speakers say that it came from his Twitter account, and that didn't -- I didn't understand that. My other question I wanted to ask was if the Board would be interested in directing our staff to go and gather some information and statistical data with regard to communities who have -- who have had mandates and stay-at-home orders and compare that data to our own and contiguous communities who don't have stay-at-home orders and mask mandates and the like and have it done by our staff from a comparison standpoint. CHAIRMAN SAUNDERS: Yeah, I think that would be helpful. It's probably information that's on the Governor's web page dealing with COVID -- September 22, 2020 Page 82 COMMISSIONER McDANIEL: It's on the Health Department's web page. CHAIRMAN SAUNDERS: That's what I meant, the Health Department. COMMISSIONER McDANIEL: And maybe -- I would be happy to assist and have that at our next communication. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: That's all I have. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Well, it appears that the State of Florida considers the Regional Planning Councils as relevant. They have funded through the Jacksonville Regional Planning Council that area, $400,000 to do two studies. One of the studies, each of the Regional Planning Councils will go and address their -- this request. And what it is is the -- to determine the -- document and to catalog the number of shelters we have. And then -- COMMISSIONER FIALA: The number... COMMISSIONER TAYLOR: Shelters, hurricane shelters. It's fascinating. On our website -- because the Red Cross, as you know, don't like to use any shelter that puts them in danger for a hurricane and close to the coast. And Collier County only has three hurricane -- Red Cross approved hurricane shelters, which we know they have many more, and we know that we've had incredible cooperation with the schools. So, they are updating all this information now, and that's one area. The other area is to document the effect of COVID on small businesses and the economics of the region, and so they have hired someone to start that process. So, it's fascinating that no matter where we are as a county with the RPC, they still seem to be functioning on the state level and do be September 22, 2020 Page 83 recognized as an important resource for this information. And, frankly, when you think about the information that they're asking for, I don't know another organization that could really assemble it. So, they're hard at work right now. I just wanted to let you know. COMMISSIONER FIALA: I didn't even realize that. Thank you for bringing that to our attention. COMMISSIONER TAYLOR: Yeah. It was news to me, too. COMMISSIONER SOLIS: Did I see in an email that the RPC doesn't even have an office in Fort Myers anymore? They're all working from home? COMMISSIONER TAYLOR: Well, I think that's COVID time. I think that's because of the COVID issue. COMMISSIONER McDANIEL: No. COMMISSIONER SOLIS: No, I think they gave up their lease -- COMMISSIONER TAYLOR: They've let go of their office. COMMISSIONER SOLIS: -- and everything, correct. COMMISSIONER McDANIEL: Correct. COMMISSIONER SOLIS: Wow. COMMISSIONER McDANIEL: Without announcement, by the way. COMMISSIONER SOLIS: Yeah, I saw that email and I went, wow. COMMISSIONER McDANIEL: I showed up to the meeting last week in the parking lot. I was Zooming in from my truck when I did that meeting last week, and she didn't send -- our director hadn't even sent a -- Tommy Perry drove in from Okeechobee, and we didn't even have notice that the offices had been closed. So, you know -- and I concur with you that RPC -- some RPCs do have relevancy. Some are significantly more relevant than others. So that funding that went to Jacksonville -- I think you said September 22, 2020 Page 84 it was Jacksonville. COMMISSIONER TAYLOR: Yeah, and they distributed it. COMMISSIONER McDANIEL: Yes. And that's, certainly, a topic of discussion coming in the future. CHAIRMAN SAUNDERS: Commissioner Solis? COMMISSIONER SOLIS: Nothing from me. CHAIRMAN SAUNDERS: Commissioner Fiala? COMMISSIONER FIALA: Nothing from me. CHAIRMAN SAUNDERS: I have nothing as well. We are adjourned. ***** **** Commissioner Taylor moved, seconded by Commissioner Fiala and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR FRONTERRA PHASE 1A, PL20180000522 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR RICHMOND PARK, PL20170003274, September 22, 2020 Page 85 ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $62,920.03 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR COMMUNITY SCHOOL OF NAPLES SCIENCE BUILDING, PL20200001259 Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR COMMUNITY SCHOOL OF NAPLES ATHLETIC STADIUM, PL20200001485 Item #16A5 RECORDING THE FINAL PLAT OF RANCH AT ORANGE BLOSSOM, PHASE 5 (APPLICATION NUMBER PL20200000584), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A6 September 22, 2020 Page 86 RECORDING THE FINAL PLAT OF VENTANA POINTE (APPLICATION NUMBER PL20190002844), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16A7 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $59,780, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20170000631 FOR WORK ASSOCIATED WITH THE ENCLAVE OF DISTINCTION Item #16A8 THE FY20/21 10-YEAR CAPITAL PLANNING DOCUMENT FOR FUND 195-BEACH RENOURISHMENT AND PASS MAINTENANCE AND FUND 185 PROGRAM MANAGEMENT AND ADMINISTRATION AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16A9 TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION REQUESTS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY2020-2021 IN THE AMOUNT OF $5,742,100; BUDGET THESE EXPENDITURES; AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT WITH CITY OF NAPLES; AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM September 22, 2020 Page 87 Item #16A10 AGREEMENT FOR THE ACQUISITION OF THREE FEE SIMPLE PARCELS (PARCELS 101FEE1, 101FEE2 AND 102FEE) REQUIRED FOR CONSTRUCTION OF ROADWAY AND RELATED IMPROVEMENTS TO WHIPPOORWILL LANE AND MARBELLA LAKES DRIVE CONNECTION (PROJECT NO. 60219) Item #16A11 WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION OF THE “LIVINGSTON ROAD AT VANDERBILT BEACH ROAD INTERSECTION IMPROVEMENTS” PROJECT, IN THE AMOUNT OF $604,438 (PROJECT #60243.3) Item #16A12 WORK ORDER TO BONNESS, INC., FOR CONSTRUCTION OF THE “LIVINGSTON ROAD AT IMMOKALEE ROAD INTERSECTION IMPROVEMENTS” PROJECT, IN THE AMOUNT OF $438,557.23 (PROJECT #60244.3) Item #16A13 DIRECTING THE COUNTY ATTORNEY TO ADVERTISE, AND BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE AMENDING ORDINANCE 2006-57 EXPANDING THE USE OF GOLF CARTS TO ALL COUNTY ROADS AND STREETS THROUGHOUT GOODLAND, FLORIDA September 22, 2020 Page 88 Item #16A14 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZING STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH EARTH TECH ENVIRONMENTAL, LLC, CONCERNING REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-7768, “COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT MONITORING SERVICES.” Item #16A15 RESOLUTION 2020-152: THE REMOVAL OF UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $2,570.79 FROM THE FINANCIAL RECORDS OF THE AIRPORT AUTHORITY FUND (495) AND $4,777.24 FROM THE FINANCIAL RECORDS OF TRANSPORTATION GAS TAX FUND (313) IN ACCORDANCE WITH RESOLUTION 2006-252 AND AUTHORIZE THE CHAIR TO EXECUTE THE RESOLUTION Item #16A16 RESOLUTION 2020-153: HOLDING A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF TRACT “A” OF TOLLGATE COMMERCIAL CENTER PHASE THREE, PLAT BOOK 22, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT RIGHT-OF-WAY IS LOCATED APPROXIMATELY 1600-FEET EAST OF COLLIER BOULEVARD BETWEEN TOLLHOUSE DRIVE AND I-75 IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, September 22, 2020 Page 89 COLLIER COUNTY, FLORIDA. (PL20200001420) Item #16A17 RECORDING THE FINAL PLAT OF TAMARINDO (APPLICATION NUMBER PL20190002554), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY Item #16C1 THE CONVEYANCE OF A UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE FOR WATER AND SEWER INFRASTRUCTURE ON AND TO COUNTY OWNED PROPERTY LOCATED AT 3675 THE LORD’S WAY, FOR EMS STATION #25, TO THE COLLIER COUNTY WATER-SEWER DISTRICT, AT A COST NOT TO EXCEED $200 Item #16C2 RESOLUTION 2020-154: THE FY21 FEE SCHEDULES ESTABLISHED IN THE ANNUAL RATE RESOLUTION FOR RESIDENTIAL AND COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING AT COLLIER COUNTY SOLID WASTE FACILITIES, INCLUDING THE LANDFILL, TRANSFER STATION, AND RECYCLING DROP- OFF CENTERS. THE FY21 RATE RESOLUTION IMPLEMENTS A 2.9% TONNAGE RATE INCREASE AT THE LANDFILL AND TRANSFER STATION, WITH NO OTHER FISCAL IMPACTS TO PREVIOUS BOARD ADOPTED RESOLUTIONS September 22, 2020 Page 90 Item #16C3 EXPENDITURES UNDER AN EXEMPTION FROM THE COMPETITIVE PROCESS AND TO APPROVE ATTACHED AGREEMENT NO. 20-040-NS WITH SUNSTATE METER & SUPPLY, INC., TO ACQUIRE NEPTUNE LARGE METERS AND COMPONENTS Item #16C4 INVITATION TO BID (“ITB”) NO. 20-7739, “SEWAGE HAULING,” TO SOUTHERN SANITATION, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT Item #16C5 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A FOURTH AMENDMENT TO CONTRACT NO. 14- 6345 “CONSTRUCTION ENGINEERING AND INSPECTION (“CEI”) SERVICES FOR THE WASTEWATER BASIN PROGRAMS (MPS 101 BASIN)” WITH STANTEC CONSULTING SERVICES INC. (“STANTEC”), EXTENDING THE AUTHORIZATION FOR STANTEC TO LEASE A REIMBURSABLE CEI FIELD OFFICE IN BASIN 101 OF THE WASTEWATER BASIN PROGRAM, WHICH IS SET TO TERMINATE ON SEPTEMBER 30, 2020 Item#16C6 A PARTIAL RELEASE OF AN ACCESS LICENSE AGREEMENT THAT THE COUNTY ENTERED INTO WITH MINTO SABAL September 22, 2020 Page 91 BAY, LLC AND ISLES OF COLLIER PRESERVE PROPERTY OWNER ASSOCIATION, INC. Item #16C7 RESOLUTION 2020-155: SURPLUS LIST OF COUNTY OWNED REAL PROPERTIES TO BE DISPOSED PURSUANT TO THE PROVISIONS OF SECTION 125.379, FLORIDA STATUTES AND AUTHORIZE THAT PROPERTY LOCATED AT 3080 FRANCIS AVENUE BE CONVEYED TO RESIDENTIAL OPTIONS OF FLORIDA, INC., A NOT FOR PROFIT CORPORATION, FOR $1,000 PURSUANT TO THE PROVISIONS OF SECTION 125.28, FLORIDA STATUTES Item #16D1 THE FY20-21 COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL CAPITAL EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $25,094 AND A LOCAL MATCH OF $2,788 FOR THE PROCUREMENT OF ONE (1) VEHICLE ALIGNMENT MACHINE AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16D2 RESOLUTION 2020-156: THE REMOVAL OF UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $6,258.72 FROM THE FINANCIAL RECORDS OF THE PARKS AND RECREATION DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006- 252 AND AUTHORIZE THE CHAIR TO EXECUTE THE RESOLUTION September 22, 2020 Page 92 Item #16D3 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., CARES ACT FUNDING UNDER THE OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS TO ADD HOME DELIVERED MEALS TO THE CARES C1 BUDGET AND REVISE ATTACHMENT VII, CARES BUDGET AND RATE SUMMARY Item #16D4 RESOLUTION 2020-157: REVISED GUIDELINES AND RULES GOVERNING THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD, REMOVING THE REQUIREMENT THAT THE COMMUNITY CENTER SUPERVISOR MUST RESIDE WITHIN THE MSTU Item #16D5 RESOLUTION 2020-158: REMOVING UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $2,350 FROM THE RECORDS OF THE NEIGHBORHOOD STABILIZATION PROGRAM IN ACCORDANCE WITH RESOLUTION 2006-252 Item #16D6 ACCEPTANCE OF REVENUE FOR COLLIER AREA TRANSIT BUS SHELTERS IN THE AMOUNT OF $38,919 AND TO September 22, 2020 Page 93 APPROVE ALL NECESSARY BUDGET AMENDMENTS Item #16D7 AN “AFTER-THE-FACT” CONTRACT AND AN ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE CARES EMERGENCY HOME ENERGY ASSISTANCE PROGRAM AND AUTHORIZE A BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY20/21 Item #16D8 TWO (2) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $20,500 AND THE ASSOCIATED BUDGET AMENDMENT Item #16D9 AN AGREEMENT IN THE AMOUNT OF $584,907 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND AN AGREEMENT WITH COLLIER HEALTH SERVICES, INC., AND AUTHORIZE NECESSARY BUDGET AMENDMENTS TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, GENERATING $1,252,114 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY Item #16D10 September 22, 2020 Page 94 AWARD INVITATION TO BID (ITB) NO. 20-7731, “CAT SHELTERS AND AMENITIES PURCHASE,” TO BRASCO INTERNATIONAL, INC., AS THE PRIMARY VENDOR, AND LNI CUSTOM MANUFACTURING, LLC, AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. SOURCE OF FUNDING IS FEDERAL TRANSIT ADMINISTRATION GRANTS Item #16D11 AN AGREEMENT BETWEEN THE COLLIER COUNTY SHERIFF’S OFFICE AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS UTILIZING FUNDS FROM THE DEPARTMENT OF JUSTICE FY20 BUREAU OF JUSTICE ASSISTANCE COVID-19 EMERGENCY SUPPLEMENTAL FUNDING PROGRAM IN THE AMOUNT OF $201,265 Item#16D12 APPROVAL OF THE NANCY PAYTON PRESERVE FINAL MANAGEMENT PLAN 10-YEAR UPDATE UNDER THE CONSERVATION COLLIER PROGRAM Item #16E1 NINTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (AGREEMENT NO. 11-5776 - MEDICAL EXAMINER), WHICH WILL EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2021 September 22, 2020 Page 95 Item #16E2 THE PURCHASE OF AIRCRAFT AND AIRPORT INSURANCE FOR FY 2020 FROM THE MEMBER COMPANIES OF GLOBAL AEROSPACE IN THE ESTIMATED AMOUNT OF $183,349 Item #16E3 RESOLUTION 2020-159: THE REMOVAL OF UNCOLLECTIBLE ACCOUNTS RECEIVABLES IN THE AMOUNT OF $74.89 FROM THE FINANCIAL RECORDS OF THE HUMAN RESOURCES DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-252 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE NECESSARY RESOLUTION Item #16E4 AUTHORIZING EXPENDITURES FROM AIRBUS HELICOPTERS, INC. (“AIRBUS”), AS A SOLE SOURCE VENDOR FOR THE PURCHASE OF EQUIPMENT PARTS, REPAIRS, AND SERVICES FOR THE COUNTY’S AIR AMBULANCE HELICOPTERS, IN AN AMOUNT NOT TO EXCEED $210,000 ANNUALLY Item #16E5 THE PURCHASE OF EXCESS WORKERS' COMPENSATION INSURANCE FOR FY21 WITH ARCH INSURANCE COMPANY IN THE ESTIMATED AMOUNT OF $169,550.72 Item #16E6 September 22, 2020 Page 96 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 Item #16E7 RESOLUTION 2020-160: AUTHORIZING INTERGOVERNMENTAL TRANSFERS (IGT) BETWEEN COLLIER COUNTY EMS AND THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (ACHA) FOR FY21, TO AUTHORIZE CHAIRMAN TO SIGN AN AGREEMENT WITH ACHA TO ACCEPT DIRECT PAYMENTS FROM THE PROGRAM NAMED STATEWIDE MEDICAID MANAGED CARE (SMMC) FOR FY21 AND TO APPROVE THE NECESSARY BUDGET AMENDMENTS Item #16E8 RESOLUTION 2020-161: ADOPTING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER’S AGENCY AND COUNTY ATTORNEY’S OFFICE EFFECTIVE OCTOBER 1, 2020; TO PROVIDE A GENERAL WAGE ADJUSTMENT TO ELIGIBLE EMPLOYEES; AND TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS, AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2020 September 22, 2020 Page 97 FORWARD, USING THE EXISTING POINT-FACTOR JOB EVALUATION SYSTEM Item #16E9 AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 18-7432-RB “ROAD & BRIDGE STUDY, PLANNING AND DESIGN,” TO JACOBS ENGINEERING GROUP INC., JOHNSON ENGINEERING, INC., STANTEC CONSULTING SERVICES INC., CAPITAL CONSULTING SOLUTIONS LLC, AIM ENGINEERING & SURVEYING, INC., ATKINS NORTH AMERICA, INC., CARDNO, INC., RUMMEL, KLEPPER & KAHL, LLP, D/B/A RK&K, AGNOLI, BARBER & BRUNDAGE, INC., KISINGER CAMPO & ASSOCIATES, CORP., D/B/A KCA, DRMP, INC., AND T.Y. LIN INTERNATIONAL, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENTS Item #16E10 AWARD REQUEST FOR PROPOSAL (“RFP”) #20-7715, CONTRACT EMPLOYMENT SERVICES, TO KEY STAFF, INC., AS THE PRIMARY VENDOR, AND 22ND CENTURY TECHNOLOGIES, INC., AS THE SECONDARY VENDOR Item #16E11 THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR 2021 IN THE ESTIMATED AMOUNT OF $495,269 Item #16E12 September 22, 2020 Page 98 AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE AMENDING PROCUREMENT ORDINANCE NO. 2013-69, AS AMENDED, TO INCORPORATE REFERENCES PERTAINING TO THE COUNTY’S DIRECT MATERIALS PURCHASE COST-SAVINGS PROGRAM Item #16E13 THE PURCHASE OF LIABILITY, AUTOMOBILE, AND OTHER INSURANCE COVERAGE FOR FY21 IN THE ESTIMATED ANNUAL AMOUNT OF $923,349 Item #16E14 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16E15 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16F1 RECOGNIZING BRIAN MONDGOCK, PUBLIC UTILITIES, FACILITIES MANAGEMENT CAD TECHNICIAN, AS THE AUGUST 2020 EMPLOYEE OF THE MONTH. THE AWARD September 22, 2020 Page 99 HAS BEEN PRESENTED TO RECIPIENT BY STAFF MEMBERS Item #16F2 RESOLUTION 2020-162: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET Item #16F3 TERMINATING FOR CONVENIENCE AGREEMENT NO. 19- 7513 WITH SAFE AND GREEN INC., D/B/A MONSTER TREE SERVICE OF SOUTHWEST FLORIDA FOR PELICAN BAY TREE PRUNING Item #16F4 FY21 ACTION PLAN FOR THE COUNTY MANAGER Item #16G1 AGREEMENT NO. 20-7692, “DESIGN SERVICES FOR EVERGLADES AIRPARK RUNWAY REHABILITATION,” IN THE LUMP SUM AMOUNT OF $275,050 WITH HOLE MONTES, INC Item #16G2 AMENDMENTS EXTENDING THE EXISTING CONTRACT NO. 15-6382-2, “GRANT FUNDED PROFESSIONAL SERVICES FOR September 22, 2020 Page 100 AIRPORTS” WITH HOLE MONTES, ATKINS NORTH AMERICA, INC., AND AVCON, INC., FOR A PERIOD OF SIX MONTHS OR UNTIL A NEW CONTRACT IS AWARDED, WHICHEVER IS SOONER, TO ALLOW STAFF TO COMPLETE SOLICITING, AND TO PREVENT A LAPSE IN THESE SERVICES Item #16H1 – Read into Record by County Manager under Item #4 PROCLAMATION RECOGNIZING NEWELL PROPERTY MANAGEMENT CORPORATION 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. THE PROCLAMATION WILL BE GIVEN TO SARAH JAMES AND NANCY PHILLIPS, MANAGERS AT NEWELL PROPERTY MANAGEMENT CORPORATION – ADOPTED Item #16H2 – Read into Record by County Manager under Item #4 PROCLAMATION DESIGNATING SEPTEMBER 22, 2020 AS FALLS PREVENTION AWARENESS DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO LAUREN WARE, COMMUNITY PROGRAMS COORDINATOR, LEE MEMORIAL HEALTH SYSTEM, 4211 METRO PARKWAY, SUITE 300, FORT MYERS, FLORIDA 33916 – ADOPTED Item #16H3 – Read into Record by County Manager under Item #4 September 22, 2020 Page 101 PROCLAMATION RECOGNIZING THE PUBLIC SERVICE RENDERED BY AMERICORPS MEMBERS TO THE EARN TO LEARN FLORIDA NEAR PEER COACHING FOR POSTSECONDARY SUCCESS PROGRAM IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO BRENDA TATE, CEO, EARN TO LEARN FLORIDA, INC., 9160 FORUM CORPORATE PARKWAY, FORT MYERS, FLORIDA 33905 – ADOPTED Item #16H4 – Read into Record by County Manager under Item #4 PROCLAMATION DESIGNATING SEPTEMBER 20 - 26, 2020 AS CHILD PASSENGER SAFETY WEEK IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO SALLY KREUSCHER, SAFE KIDS COORDINATOR, GOLISANO CHILDREN'S HOSPITAL OF SOUTHWEST FLORIDA, 9981 S. HEALTHPARK DRIVE, FORT MYERS, FL 33908 – ADOPTED Item #16H5 – Read into Record by County Manager under Item #4 PROCLAMATION DESIGNATING OCTOBER 10, 2020 AS REPUBLIC OF CHINA (TAIWAN) DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO THE TAIPEI ECONOMIC AND CULTURAL OFFICE, 2333 PONCE DELEON BOULEVARD, CORAL GABLES, FLORIDA – ADOPTED Item #16H6 RESOLUTION 2020-163: SUPPORTING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AQUATIC September 22, 2020 Page 102 PLANT MANAGEMENT PROGRAM Item #16J1 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 27, 2020 AND SEPTEMBER 9, 2020 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 16, 2020 Item #16K1 RESOLUTION 2020-164: APPOINTING CHRISTOPHER T. VERNON AS A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 2 Item #16K2 RESOLUTION 2020-165: RE-APPOINTING NED FRYER AS A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 4 September 22, 2020 Page 103 Item #16K3 RESOLUTION 2020-166: APPOINTING ROBERT L. KLUCIK, JR. AS A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 5 Item#16K4 RESOLUTION 2020-167: APPOINTING BARRY O’BRIEN TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD Item #16K5 RESOLUTION 2020-168: RE-APPOINTING BERNARDO BARNHART AND NORMA GARCIA TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE Item #16K6 THE FY20-21 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item #17A ORDINANCE 2020-25: AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY CHANGING September 22, 2020 Page 104 THE DESIGNATION OF PROPERTY FROM THE URBAN DESIGNATION, URBAN MIXED USE DISTRICT, RESIDENTIAL SUBDISTRICT AND THE AGRICULTURAL/RURAL DESIGNATION, RURAL FRINGE MIXED USE DISTRICT-SENDING LANDS TO THE URBAN DESIGNATION, COMMERCIAL DISTRICT, INTERCHANGE ACTIVITY CENTER #9 TO ALLOW CONSTRUCTION OF COMMERCIAL AND INDUSTRIAL DEVELOPMENT. (ADOPTION HEARING) (THIS IS A COMPANION TO AGENDA ITEM #17B) Item #17B ORDINANCE 2020-26: APPROVING THE BECK BOULEVARD REZONE FOR REZONING OF A 3.4+/- ACRE SITE FROM THE RURAL AGRICULTURAL (A) AND RURAL AGRICULTURAL- RURAL FRINGE MIXED USE OVERLAY-SENDING (A- RFMUO-SENDING) ZONING DISTRICTS TO THE INDUSTRIAL (I) ZONING DISTRICT SUBJECT TO CONDITIONS; PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO. 92-56, A CONDITIONAL USE FOR A TELECOMMUNICATION TOWER; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT 3205 BECK BOULEVARD IN SECTION 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND SECTIONS 1 AND 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. (PL20190002018) (THIS IS A COMPANION TO PL20190002017-3205 BECK BLVD GMPA, AGENDA ITEM #17A) Item #17C September 22, 2020 Page 105 RESOLUTION 2020-169: PETITION VAC-PL20190002863, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT (P.B.I.D.D.E.), AS RECORDED IN OFFICIAL RECORD BOOK 790, PAGE 1803 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 540 FEET WEST OF THE INTERSECTION OF PELICAN BAY BOULEVARD AND NICHOLAS BOULEVARD, LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17D ORDINANCE 2020-27: AMENDMENT TO ORDINANCE 2013-27 TO ALIGN THE ORDINANCE WITH APPROVED 2020 LEGISLATIVE CHANGES TO SECTION 420.9076, FLORIDA STATUTES OUTLINED IN HB1339 WHICH CHANGES THE COMPOSITION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE FREQUENCY OF ITS REPORTING. (THIS IS A COMPANION TO AGENDA ITEM #10A) Item #17E RESOLUTION 2020-170: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2020-21 ADOPTED BUDGET Item #17F September 22, 2020 Page 106 RESOLUTION 2020-171: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2019-20 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:19 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _______________________________________ BURT SAUNDERS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK ___________________________ These minutes approved by the Board on ______________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC.