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Agenda 10/26/2021 Item # 2C (BCC Draft Meeting Minutes September 28, 2021)2.0 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 2.0 Item Summary: September 28, 2021 - BCC Meeting Minutes Meeting Date: 10/26/2021 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 10/13/2021 3:51 PM Submitted by: Title: Division Director - Corp Fin & Mgmt Svc — County Manager's Office Name: Mark Isackson 10/13/2021 3:51 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 10/13/2021 3:51 PM 10/26/2021 9:00 AM Packet Pg. 17 September 28, 2021 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida September 28, 2021 LET IT BE REMEMBERED, that the Board of Count 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 &&,V REGULAR SESSION in Building "F" of the Government Complex, fN � I 04N IF' East Naples, Florida, with the following members present: Chairman: Penny Taylor William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis ALSO PRESENT: Sean Callahan, Interim County Manager Amy Patterson, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Derek Johnssen, Clerk's Office Troy Miller, Communications & Customer Relations Page 1 September 28, 2021 MR. CALLAHAN: Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Good morning, Collier County. It's a beautiful morning. I was reminded that I think September 21 st was the fall solstice, and it sure feels like fall in southwest subtropical Florida today. So I think what we'll do now is -- I'm just listening in the back here to see if -- no. I believe that Commissioner McDaniel is caught in some traffic right now, so I was waiting to see if he rZA_ COMMISSIONER LoCASTRO: Again? Really, seriously? A dog ate his homework? Come on. What's going on? Item #lA INVOCATION AND PLEDGE OF ALLEGIANCE CHAIRMAN TAYLOR: So we're going to ask Father Edward Gleason of Trinity by the Cove to come up and give us our invocation and, after that, I'd like Commissioner Saunders to lead us in the Pledge. Thank you FATHER GLEASON: Let us pray. Almighty God, teach our people to rely on your strength and to accept their responsibilities to their fellow citizens; that they may elect trustworthy leaders and make wise decisions for the well-being of our society; that we may serve you faithfully in our generation and honor your holy name. We pray you heal those in our community who are sick, shield those who are healthy, and send down upon those who hold office in this county the spirit of wisdom, charity, and justice; that with steadfast purpose, they may faithfully serve in their offices to promote the well-being of all people. We offer these, our petitions and desires, through your holy name. (The Pledge of Allegiance was recited in unison.) Page 2 September 28, 2021 CHAIRMAN TAYLOR: Thank you very much. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE 0\41, DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES f% V MR. CALLAHAN: Thank you, Madam Chair. That takes us to Item 2, which is the approval of today's regular, consent, and summary agenda as amended with the reminder that any ex parte disclosure on the consent agenda can be provided. Staff does have a few proposed agenda changes to go through. The first is to continue Item 17C to the October 12th, 2021, BCC meeting. That was a resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan Ordinance 89-05, as amended, related to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict, and Rural Fringe Mixed Use District of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments for increased residential density. The second recommendation is to continue Item 16F7 to the October 12th, 2021, BCC meeting. That was a recommendation to approve and authorize the Chairman to sign the extension and amendment of the agreement with the Partnership for Collier's Future Economy in continued support of established public -private partnership designed to advance the county's economic development efforts. That's at Commissioner Taylor's request. Page 3 September 28, 2021 CHAIRMAN TAYLOR: And with -- as an addendum here, I believe you all have a copy of the letter from Michael Dalby agreeing to this continuance. Thank you. MR. CALLAHAN: Thank you, Madam Chair. The third proposed change is to move Item 16B1 to Item 11D. That is a recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve a resolution renaming the Bayshore/Gateway Triangle Sit �A, IRM Improvement Grant Program to the Single -Family Improvement Grant Program and updating eligible activities and process. That item is being placed on the regular agenda at Commissioner Solis' request. fflql�kll llk� � I*, And the final proposed change from staff today is to move Item 17B; that will become Item 9C. That is an item related to the recommendation to approve Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area by amending the zoning -- appropriate zoning atlas maps or maps by changing the zoning classification of the herein described property from a Rural Agricultural "A" zoning district to a Residential Planned Unit Development zoning district for the project known as the Soluna RPUD. And that is being placed on the regular agenda at staff s request. __� And those are all the proposed changes we have for now, Madam Chair. ., CHAIRMAN TAYLOR: Thank you very much. I will start with Commissioner Saunders. Any ex parte? COMMISSIONER SAUNDERS: I have, on the summary agenda, on Item 17B, had some e-mails and some meetings, and I have no other changes to the agenda. CHAIRMAN TAYLOR: Thank you very much. NM September 28, 2021 Commissioner LoCastro. COMMISSIONER LoCASTRO: On 9A I just had meetings. Nothing -- no disclosures on the other items. CHAIRMAN TAYLOR: Okay. Commissioner Solis. COMMISSIONER SOLIS: No changes to the agenda, and with 17B now being 9C, no disclosures on the consent agenda. CHAIRMAN TAYLOR: And I would agree, with the � movement of -- well, brought it to -- I guess it's 17B to 9C, I'll declare it at that time. And other than that I have no other -- other ex parte declaration until we hear the actual item itself. Any changes to the agenda, gentlemen? VZ I COMMISSIONER LoCASTRO: Would it be appropriate, I just wanted to make a comment on something on the consent agenda; not a change or anything, just a comment. CHAIRMAN TAYLOR: Of course. COMMISSIONER LoCASTRO: So -- and really, Sean, it's directed to you from a conversation that we had yesterday. It concerned 16B. You know, you educated me on the CRA and how we want to provide funds to certain areas of Collier County that we see might be in distress and make it maybe more advantageous to homeowners, right? I know I'm summarizing; probably more basic. But just homeowners to increase the appearance, and we've made some changes here to maybe tighten so we don't give money to people that maybe don't need it. And I wanted to make a generic statement is, you know, taxpayer money -- you know, our job's really to keep an eye on taxpayer money. And so, you know, I just want to say, let's make sure we use the right kind of filter. You know, we're not paying for mulch for someone who owns three Bentleys and is in an area that's already been improved. And I'm using an example that's not a real example. But you know what I'm saying. We had a good WM September 28, 2021 conversation yesterday. So I would just say, as you watch the oversight here -- it's a great program. It has made Bayshore and lot of other areas so much more improved, and the things that we're doing here is doing exactly what I'm asking; let's really watch the taxpayer money. But, you know, somebody's got to be minding the store. This could be something that could easily be on autopilot. Anyone that applies automatically gets it, you know, that sort of thing. And this is more for being on the record, because we had a great conversation of you educating me on this program and how this is an improvement to make sure we don't do that. But, you know, I just wanted to reiterate, I think we all care about, you know, not wasting, you know, money, and if somebody, you know, wants to make their place look nicer, they don't necessarily have to, you know, tap the county, you know, for it. But it's a great program. MR. CALLAHAN: Not to interrupt, but I just -- that was one of the changes on the agenda. That's actually going to be discussed on your regular agenda -- COMMISSIONER LoCASTRO: Okay. MR. CALLAHAN: -- today as Item 11 D, if it's approved by the Board here. COMMISSIONER LoCASTRO: Okay. Well, thanks anyway for meeting yesterday. It was very helpful, so... MR. CALLAHAN: Yes, sir. COMMISSIONER LoCASTRO: Okay, great. I'll look for that then, thank you. COMMISSIONER SOLIS: And that is just -- that's why -- that's actually why I wanted to pull it and have a discussion about it. COMMISSIONER LoCASTRO: Oh, perfect. Okay. Great. I'm with you. All right. September 28, 2021 CHAIRMAN TAYLOR agenda as -- So do I hear a motion to approve the COMMISSIONER SOLIS: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN TAYLOR: There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. kv 46 COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. r4je�e COMMISSIONER SAUNDERS. Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) D� Page 7 September 28, 2021 Item #2B SEPTEMBER 9, 2021 — BCC BUDGET HEARING MEETING MINUTES — APPROVED AS PRESENTED MR. CALLAHAN: Motion to approve the minutes from tl�e September 9th budget hearing as well. CHAIRMAN TAYLOR: We'll do that second. All right. Carries unanimously Motion to approve the minutes. COMMISSIONER SOLIS CHAIRMAN TAYLOR: So moved. Do I hear a second? COMMISSIONER LoCASTRO: Second. CHAIRMAN TAYLOR: There's a motion on the floor and a second. All those in favor, say aye. t,, COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Thank you very much. MR. CALLAHAN: Thank you, Madam Chair. Item #4A PROCLAMATION DESIGNATING OCTOBER 1, 2021, AS NAPLES BETTER GOVERNMENT DAY IN COLLIER COUNTY. THE PROCLAMATION WILL BE MAILED TO SALLY TIFFANY, PRESIDENT, NAPLES BETTER GOVERNMENT — PRESENTED September 28, 2021 MR. CALLAHAN: That takes us to the proclamations item on your agenda. You do have one proclamation. This is a proclamation designating October 1 st, 2021, as Naples Better Government Day in Collier County. This proclamation will be mailed to Sally Tiffany, who is the president of Naples Better Government. And if you'll bear with me, on your consent agenda that you just approved, there was a recognition of your August 2021 employee of the month. If I could just read a short passage about Mr. Del Re. Jared Del Re is an applications analyst in the library division in public services and has been with the county since 2014. In early 2021, Jared completed the division -wide installation and implementation of the new copy, print, scan, and fax equipment and software platforms at the library. As the library's dedicated application analyst, Jared showed exceptional work ethic in the coordination and execution of this installation project, often working during nights, weekends, and hours beyond his regular workweek. Jared's accomplishment of the implementation as well as his diligence, knowledge, collaborative spirit, and dedication to duty are just several reasons why he's so deserving of this Employee of the Month award. " CHAIRMAN TAYLOR: Congratulations to Jared. He's not here, is he? MR. CALLAHAN: He's not, no, ma'am. CHAIRMAN TAYLOR: We do have Ms. Tiffany here from Greater Naples leader [sic]. Would you like to come up? MS. TIFFANY: Sure. CHAIRMAN TAYLOR: Better Government. MS. TIFFANY: Thank you, Penny. Just a couple words. On behalf of Naples Better Government Board of Directors, I, Vice September 28, 2021 President Dennis Sanders -- CHAIRMAN TAYLOR: Oh. (Commissioner McDaniel is now present in the boardroom.) MS. TIFFANY: -- Treasurer Mary Waller, want to thank you very much, the Board of County Commissioners, for acknowledging our existence and recognizing the hard work that we have put in over the last 30 years keeping this organization running, always looking forward to keeping better government in the eye of everybody at the local, at the county, and at the state level. We thank you very much. Thank you. � CHAIRMAN TAYLOR: Thank you very much. MS. TIFFANY: Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA n�� MR. CALLAHAN: Madam Chair, that takes us to Item 7, which is public comment on general topics not on the current or future agenda and, Troy, I believe we have several public speakers. MR. MILLER: Yes, we have eight registered speakers at this time, Madam Chair. Your first speaker is Dan Cook. He'll be followed by Jackie Keay. I'll remind the speakers you can use both podiums. ' *. 2 MR. COOK: All right. Good morning, Commissioners. First I'd like to thank Commissioner Saunders for the opportunity to meet with the County Attorney. We'll be meeting tomorrow to discuss the Tenth Amendment and my thoughts on that. I did want to bring to the Board's attention the mandatory vaccinations policy that many companies, including NCH and David Page 10 September 28, 2021 Lawrence Center, are implementing. I've heard from a lot of workers from these places over the past couple of weeks, and I think it's important that the Board knows about this. It's not -- I'm sure it's not just NCH and David Lawrence Center. I'm sure there's lots of corporations. There's probably lots of government entities that are probably following through with this whether it's on their own discretion or whether they're following through with -- you know, with what the Biden administration is recommending, but I think it's going to continue the divide that we see in our country. I think that it's very sad that we are having to discuss this idea of freedom once again. You know, if you want to take, you know, a shot in the arm to protect you for something, you absolutely have that right. Now, I know that the government itself, the Collier County Government, is not, you know, forcing this, and I know Commissioner Saunders has said in the past that mandates won't happen in Collier County, but I would just like to maybe just implore to the Board to -- I don't know. I don't know if you guys want to speak out or make a stance on this or maybe consider, does the county have a relationship -- business relationship with NCH and David Lawrence Center and, if so, is that appropriate when these companies are mandating the vaccination on employees? That's just a question that I think needs to be brought out into the discussion, and I just hope that you guys would take some consideration into that. I have some personal -- how do I put this? Personal, I guess, dealings with the David Lawrence Center, so I understand mental health is important. I lost my ex-wife to mental health. She was in and out of David Lawrence Center several times. And, unfortunately, the system wasn't able to help her. So I think, you know, mental health is a very important subject. I know the Sheriff has come out saying it's an important subject. Page 11 September 28, 2021 So for, I guess, just David Lawrence Center in particular to threaten people's jobs and be willing to let go of employees who are doing this important work based on their refusal to get a vaccination, I think that causes a problem. And I hope that as the leaders in this community, that you guys would speak up for workers' rights, health freedom, and I'm just going to leave it at that. Thank you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Jackie Keay. e followed by Nancy Lewis. MS. KEAY: Good morning. CHAIRMAN TAYLOR: Good morning. MS. KEAY: It's wonderful to see you all again, so... Many families in Naples are one paycheck away from homelessness. A significant contributor to homelessness is a lack of critical housing that is affordable, stable, and safe. Due to the sale of Gordon River Apartments, we now have 95 families and their children who are facing the reality of becoming homeless. Because of poverty, families must often choose between paying for housing or other necessity. Homelessness occurs when people lack a stable, appropriate, and safe place to live. FYI, we have over 800 homeless students in Collier. Children living in poverty are at great risk for food insecurity, abuse, and neglect, behavioral problems, educational deficits. Homelessness is traumatic to children, especially as it relates to family dynamics and moving around. The lack of affordable housing is also a risk factor for homelessness, particularly for families who devote more than 50 percent of their household income to paying rent or those who experience foreclosure. Several solutions to this problem include increasing minimum wage, excuse me, job skills, training, and, most importantly, Page 12 September 28, 2021 affordable housing. And now a moment in my life history. Although I never thought I was homeless, I did not live in a stable and always safe environment during my four years of high school. I lived with various extended family members and friends. I lived in three different locations in Gordon River alone, and I knew I had to leave if the property manager found out that I was living there without authorization. It was not a matter of if but a matter of when I had to leave. I would then have to find another place to live. You learn to be hypervigilant to stay safe, and you are always in a fight or flight mode. The greatest lesson I have learned in life is that our pain and suffering gives birth to our purpose and calling. I understand what it's like to feel helpless, hopeless, invisible, and unloved. I still remember the soul crushing pain of the realization people hated or resented me simply because I was born with brown skin or born into poverty. If sharing my heart and story today helps even one child in the community, then it is worth it. My character and actions embody love, kindness, and respect, which are the changes I wish to see in the world. It was Steve Jobs that said those people who think they are crazy enough to change the world are the ones who do, and I am crazy enough to do that. Thank you all very much, and it was wonderful to see you -all today, even Commissioner McDaniel. Thank you -all. That's love. That's love. If I didn't love you, I wouldn't tease you. COMMISSIONER McDANIEL: And then there's that. MR. MILLER: Your next speaker is Nancy Lewis. She'll be followed by Rich Schroeder. MS. LEWIS: Good morning, Madam Commissioner, County Page 13 September 28, 2021 Commissioners. For the record, my name is Nancy Lewis. I am a resident of District 2, North Naples. And this morning I'd like to comment on the draft amendment revisions for regulatory relief for housing currently under review by Growth Management staff before coming to the Planning Commission and this board for hearings within the next few months. rq.. *�. CHAIRMAN TAYLOR: We, unfortunately, can't accept that, because you are commenting on something that's coming before us. You're going to have to leave -- _ W% ` a COMMISSIONER McDANIEL: Not on today's agenda. CHAIRMAN TAYLOR: No, no, or on a future agenda, on a future agenda, and it will be on a future agenda, not just this agenda. It's the will of the Commission, but that's the rules. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes. , COMMISSIONER SAUNDERS: I'm not sure I even understood that rule. And it may be -- and I'm not saying that's not the rule. I just -- I never understood that. I always thought you could speak on items that were not on today's agenda. COMMISSIONER McDANIEL: Today's. CHAIRMAN TAYLOR: I understand it because they -- you know, you want to focus -- and excuse us for a second -- you want to focus on what the task is at hand, and if it's going to come in the future, then folks need to lead -- reserve their comments until a future agenda.'' COMMISSIONER SAUNDERS: But, I mean, just about anything that a citizen comes up with is something that may come up before the Board. Mr. Cook just talked about vaccine mandates. Now, we're not going to be doing any vaccine mandates, obviously, but that may be a topic that may come up at some point. We've had people come talk about problems in their neighborhood. Page 14 September 28, 2021 So I'm not sure I understand the rule and, if that is the rule, I don't know that it's a good rule. I don't know the harm in having people speak on items that may come up in the future. CHAIRMAN TAYLOR: Well, it's the -- we can discuss that at another time, but let's just see if there's a will of the Commission to go forward at this time with Ms. Lewis' remarks. COMMISSIONER SAUNDERS: I would say yes. COMMISSIONER LoCASTRO: Yeah. I'd concur, yes. CHAIRMAN TAYLOR: I'm comfortable with it. Thank you. MS. LEWIS: Thank you, Commissioners. The apparent objective of these initiatives is to create incentive for developers to provide more units of housing that is affordable. One new GMP initiative in this is meant to streamline commercial -to -residential conversions under certain "housing that is affordable" criteria. &&I V The new policy permits conversion by right to the developer under certain conditions, allows by right 16 units per acre and eliminates the public hearing process. This proposed amendment takes away the public's right to comment and definitely impacts residents in your districts. It can also leave you, as commissioners, powerless in certain zoning situations. These initiatives add language to the Land Development Code to define the program's intent and define its criteria. Its purpose, to increase densities to developers who guarantee provision of affordable units that align with households and specific incomes. The requirement? Perpetuity? No. Thirty years? No. Fifteen years? No. It's a period of five years. Its resident eligibility, they must, not may, must be employed by Collier County as essential services personnel, ESP or required ESP. I wonder how many ESP workers may not qualify for the specified income levels of projects based on their income for a Page 15 September 28, 2021 family, or is it to say that ESP workers are deemed to be the only ones in need of housing that is affordable in Collier. These are incentives that are carrots, but the carrots go away. What does it actually accomplish? Increased densities, new urban areas. Under certain conditions, zoning by right, more entitlements, less say for public. plgk 1%611 More importantly, where is it going to leave Collier with lots of market -rate conversions and a new, never-ending cycle of the need for housing that is affordable. Is this the intent? _ Commissioners, I urge you to take the time to carefully review these proposed revisions in advance of the hearings to fully understand the impact they will have on your voting public and the future of Collier County. Thank you. MR. MILLER: Your next speaker is Richard Schroeder. He'll be followed by Lisa Hunsberger. % '*-- MR. SCHROEDER: Good morning, Commissioners. CHAIRMAN TAYLOR: Good morning. MR. SCHROEDER: Richard Schroeder, retired physician. Topic, the vaccination mandates. I am old enough, actually, to have had the opportunity to serve our country in the Navy during the wind down of the Vietnam War. As a physician, doing emergency room duty at a large Naval hospital on the West Coast, I encountered at that time Naval personnel with Guillain-Barre syndrome, a very serious and disabling neurologic disorder proven to be caused by inoculations for a mysterious infectious disease called, at that time, the swine flu. That vaccination campaign, spearheaded by the Ford administration, was terminated for safety reasons after an estimated 25 percent of the country had been vaccinated. Fast forward half a century to today, and I am experiencing Page 16 September 28, 2021 more than a little dej a vu. For one thing, I feel the winds of war again, only this time it's not a bloody war in a foreign country but a diabolically clever worldwide war against all of us that many people appear not to notice. I also see a familiar viral threat of dubious origin. I see governmental and quasi -governmental agencies shaming, bullying, bribing, threatening, and mandating our military, and we, the people, to take an experimental DNA -altering injection to which the Dictocrats in Washington, D.C., have largely exempted themselves, by the way. Surprise, surprise. And, unbelievably, all this is happening in the face of data from their own Center of Disease Control vaccine adverse event reporting system showing 726,965 adverse events, 99,410 serious injuries, and 15,386 deaths from the COVID-19 injections from the program rollout December 14th, 2020, through September 17th, 2021. That's nine months. Compare that to the 58,220 Americans estimated to have died in the Vietnam War over a period of two decades, and it appears we are well on our way to another national tragedy. Can you blame anyone, particularly those in the healthcare field, for not wanting to take an experimental injection hastily developed under emergency use authorization? Now we have in our own community NCH and the David Lawrence Center mandating the emergency use inoculations as a condition of employment, causing tremendous morale problems and risking mass exodus of employees from these critical safety -net organizations. I emphatically urge you to uphold we the people's freedom of choice in our own healthcare decisions. Pass a resolution, speak out, take actions outlined in the e-mails that you -all received on this issue. The inappropriate actions of these two nonprofits that Collier County does business with are clearly disrupting the effectiveness of their organizations, the livelihood of their employees, and the safety of the Page 17 September 28, 2021 community. Thank you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Lisa Hunsberger. She'll be followed by Meagan Maddux. MS. HUNSBERGER: Hi, good morning. My name is Lisa Hunsberger. I'm newer to Florida. This is my first time. I see I have three minutes. I did prepare about a 15-minute speech. If I can, I will leave you -all with copies. _ W% ` a I recently moved here. I was -- also served in the Army, active duty, as a military police officer. 1% Y CN\, CHAIRMAN TAYLOR: Thank you., MS. HUNSBERGER: Thank you. I have 20-plus years' experience in the counseling field, mental health, working with very vulnerable populations. &&I V *6-11 I was a therapist in the Children's Crisis Unit at the David Lawrence Center up until last week when I was informed that I was terminated for e-mails inquiring about policies and their lack of. I wasn't given a reason why I was terminated other than they don't have to give me a reason. My supervisor, who will be -- my ex -supervisor, who will be speaking next, was also unable to obtain any information as to why I was terminated. For time purposes, I just kind of want to fill you in how the mandate came about. It was an ambush. We were blindsided. Midday, working on our computers, as I work in a crisis unit. Also within a few days of receiving the news of this mandate, many of us organized to establish a grievance per the company policy. Out of the 300-plus David Lawrence Center employees, 50 of us read and signed the grievance, which was then presented to the administration. The grievance containing employees' signatures September 28, 2021 quickly became a hit list, and I do mean that, as we became targets. Contained in the grievance, it was requested that the employees could meet with the board members and administration to address concerns and obtain clarification. Administration informed the board that board members would not be involved and that administration team would only be willing to meet with employees over Teams, which is the Zoom, comparable to Zoom, from their own personal offices. Administration set the date and time of the meeting. Each one of the administrators joined from their own private office behind their own private computer despite being the next building over, which is about a two -minute walk, which many of us make daily. Many of the employees joined together in the conference room on the crisis unit while some joined virtually. Employees expressed concerns for the new mandates, even presenting research from credible sources supporting our concerns. Employees took turns expressing their experiences, including, but not limited to, being bullied, policy clarification, because we've learned they have a very limited amount of policies. They do make it up as they go, and I have full documentation to support everything I'm saying. We wanted to know how the exemptions would be handled. Administration dismissed our concerns, provided no clarification, and we were advised, and this is a quote, that David Lawrence Center is leaders in the community and, further, that we will be following NCH's lead. David Lawrence Center is a needed facility, but the policies and lack of leadership is terrifying. Thank you. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Chad Taylor. He will be followed by Steven Bracci. MR. TAYLOR: She's next. MR. MILLER: Meagan Maddux. Oh, I'm sorry. I skipped Page 19 September 28, 2021 ahead. MS. MADDUX: That's okay. CHAIRMAN TAYLOR: Mr. Bracci, hang on for one second. Who's -- MR. MILLER: It will be Meagan Maddux, Chad Taylor, and then Steven Bracci. I'm sorry. Ms. Maddux, you have three minutes. MS. MADDUX: Hi. My name is Megan. I just wanted to come today and to let you all know that I am also a former employee of David Lawrence Center. I resigned last week due to the events that Lisa just informed you about. I won't reiterate everything that she just said. 9%, "qq4, X� *� But it really did have a large impact on my staff. We all felt that we were bullied. We felt like we were subject to belittlement, and when I approached HR about it -- and two different occasions, actually, the first occasion was collectively when we had that meeting with them over Teams. The second was done with myself and another staff member as my witness. Nothing seemed to be done about this. The environment continued to be hostile. I no longer felt comfortable going to work because of my choices with the vaccination. And to be honest with you, I just -- I can't even begin to express my disappointment. I worked for them for over a year. I really enjoyed it. My first year there I was a therapist. I started out as a therapist. I was promoted to a supervisor. I very much enjoyed my role there. As soon as the mandate came out, there was just a huge shift that came with the -- with the environment and the atmosphere as a whole. And I also wanted to point out, this mandate was made before the Biden administration made their mandate. It was probably about Page 20 September 28, 2021 a week or so before that mandate came out. And I want to point that out because that is important when noting how this was rolled out and how this affected us as a whole and how deeply it made all of us really consider, you know, do we want to inject something into ourselves that we don't agree with, or do we want to keep our jobs. And I just wanted to bring you that information today. I wanted to attest that what Lisa Hunsberger said is true, as her direct supervisor, and also just to encourage you to take this information into consideration. Thank you. CHAIRMAN TAYLOR: Thank you very much MR. MILLER: Your next speaker is Chad Taylor. He'll be followed by Steven Bracci. W*W..w, MR. TAYLOR: Hello. Thank you for allowing me to speak today. _ &&I V 1-61 The fundamental God-given right to manage your own health has been used against working people. People across the country are losing their job if they refuse the COVID vaccine or weekly testing. Meanwhile, people on welfare, food stamps, or the Biden administration have no requirements to collect their paychecks which, ironically, comes out of working people's tax dollars. Right here in Collier County, NCH and David Lawrence Center are requiring COVID vaccines as a condition of employment. The decision to wear a mask or receive a vaccine is not a matter of public safety. Health is a matter of personal responsibility. 1., The consequences of wearing a mask for extended periods of time will ultimately be placed on an individual's health. The consequences of any side effects of the COVID vaccine ultimately will be placed on an individual's health. The consequences of choosing to be in a busy public space is also placed on an individual's health. All of these decisions are Page 21 September 28, 2021 made by individual choices. Health is a personal responsibility, especially during a pandemic. Fortunately, every single service or product can be obtained online, by delivery, or in a drive -through. Anyone at risk of COVID complications or anyone who lives with someone at risk can choose to avoid public spaces and have their needs met. What is best for my health may not be appropriate for yours. I respect that fact, and I expect the same in return. A blanket medical approach is dangerous to an entire population. Where there is any health risk, the individual has the God-given right to choose their own fate without coercion. Found directly on the FDA website, the PCR tests will no longer be authorized to diagnose COVID-19 in December. These tests have been so unreliable the FDA will no longer accept them as a diagnostic tool. In December, what happens to employees who choose the weekly testing over the vaccine? COVID can't be put back in the lab. COVID is here to stay. Each time you leave your home you choose to run the risk of getting COVID. All the testing, the masks, or vaccines will never eliminate the risk of getting COVID. Holding people's livelihoods over their head for a personal medical decision is criminal. Respectfully, I ask our county government not to fund or do business with NCH or the David Lawrence Center unless the vaccine mandate is repealed. Thank you for your time. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next and final speaker for public comment is Steven Bracci. MR. BRACCI: Thank you. I have a presentation up on the screen. I'd like to take issue with an e-mail newsletter that was sent by Page 22 September 28, 2021 the -- Commissioner Taylor yesterday with respect to COVID. It's ostensibly a good -news item starting with the second paragraph. It says, it is always wonderful to get a good -news item on a Monday, and so I thought I would forward it to everyone. And then attached below is a statement from NCH Healthcare from Matt Holiday, director of government relations. He says, these are the reported numbers from Sunday, September 26th. The unvaccinated remain the predominant driver of the total cases we see. Thankfully we continue to see a solid decline in overall COVID-19 patients. And there's a graph with some statistics and showing the decline of COVID cases overall. Presumably, this was sent by Commissioner Taylor in order to show good news that the cases or the hospitalizations are declining; however, one wonders whether we couldn't have had a more content -neutral topic here, because if you look at this, it's not just saying the number of cases that are declining. If you look at the next paragraph -- or the statement from Mr. Holiday, it says, the unvaccinated remain the prominent driver of the total cases we see. What does the term "the unvaccinated" mean? Is that some new subclassification of Collier County citizens? Is it intended to divide those who are vaccinated from those who are unvaccinated? Why is that the focus of this? Why not talk about the obese? Why not talk about the lazy, those who haven't taken care of themselves for the last three decades leading up to this situation? Why do we have this classification based on the unvaccinated? Curiously then, let's go and dig down into the data from NCH. You'll see here it doesn't actually show COVID cases and then non -vaccinated. It says non -vaccinated, including unknown. Well, that's kind of curious, isn't it? Does that not show a little institutional bias on behalf of NCH? So if somebody walks in, they Page 23 September 28, 2021 don't say whether they're vaccinated or unvaccinated, and they just presume that they'll put them in the unvaccinated column, thereby increasing the number of cases. I mean, this is just flatout misleading. And I want to zoom this in further, because I seen it up on the screen. I want to make sure people at home can see it. ,,.� Non -vaccinated including unknown. What kind of classification is that? I go back to this term "unvaccinated." It's sort of like calling somebody the unwashed, isn't it? And in history that doesn't -- that doesn't bode very well. It's a term that is patronizing, contemptuous, and derogatory, and it's a term that should not be spread by this commission and perpetuated and propagated onto the people of Collier County. r-� I I suggest that in the future these messages that are good news be a little bit more content neutral with respect to dividing the people of Collier County. Thank you. MR. MILLER: That was our final speaker under Item 7, public comment. CHAIRMAN TAYLOR: Thank you very much. So I guess we are about ready to begin our meeting, but before we do, I have an apology to make, and it's to Commissioner LoCastro. COMMISSIONER LoCASTRO: Oh, what did I do? CHAIRMAN TAYLOR: You didn't do. But at our last meeting I misunderstood what I heard from you and thought you were accusing a staff member of lying. COMMISSIONER LoCASTRO: Oh, yeah. Okay. CHAIRMAN TAYLOR: And I reviewed the tape, because I was corrected by my colleague to the left, Commissioner Saunders, Page 24 September 28, 2021 and discovered that you were correct. So I really want to offer you that apology. COMMISSIONER LoCASTRO: Accepted. CHAIRMAN TAYLOR: I don't like to throw stones where they're not required. COMMISSIONER LoCASTRO: Appreciate it. Accepted. Thank you, ma'am. 1i ili, CHAIRMAN TAYLOR: You're welcome. You're welcome. COMMISSIONER SAUNDERS: Madam Chair, before we go to the regular agenda, we were just discussing when it's appropriate for people from the public to come speak, and I think we need to kind of clarify that. I don't know if this is a good time to do that. CHAIRMAN TAYLOR: I think -- what I'd like to do, with all due respect, maybe not right this minute, but maybe talk to staff, folks who have been here a little bit longer, to understand the reason, the genesis of this, and then definitely come back at our next meeting with some clarification. COMMISSIONER SAUNDERS: Fine. Thank you. CHAIRMAN TAYLOR: Thank you. COMMISSIONER McDANIEL: And one other little housekeeping because of the accidents this morning again. CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Forgive me for being late. Two, one on Immokalee and then another one on Davis. But I have no ex parte -- CHAIRMAN TAYLOR: And -- COMMISSIONER McDANIEL: -- on the consent agenda, and I saw the changes in the agenda. CHAIRMAN TAYLOR: Okay. Good. COMMISSIONER McDANIEL: Just so you know. CHAIRMAN TAYLOR: And you agree to the amendments to Page 25 September 28, 2021 the agenda and -- COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: -- also -- COMMISSIONER McDANIEL: Yes, yes. CHAIRMAN TAYLOR: -- the minutes. Okay, thank you. All right. Thank you very much. Item #9A NA, ORDINANCE 2021-31: AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS BLUE CORAL APARTMENTS RPUD, TO ALLOW DEVELOPMENT OF UP TO 234 MULTI -FAMILY RENTAL UNITS, OF WHICH 70 WILL BE RENT RESTRICTED AS AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1000 FEET WEST OF JULIET BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.35± ACRES AND BY PROVIDING AN EFFECTIVE DATE. (PL20190001600)— ADOPTED Item #9B Page 26 September 28, 2021 ORDINANCE 2021-32: AMENDING ORDINANCE NO. 89-051 AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY ADDING THE IMMOKALEE ROAD INTERCHANGE RESIDENTIAL INFILL SUBDISTRICT TO THE URBAN, MIXED USE DISTRICT TO ALLOW DEVELOPMENT OF UP TO 234 MULTI -FAMILY RENTAL UNITS, OF WHICH 70 WILL BE RENT RESTRICTED AS AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1000 FEET WEST OF JULIET BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.35± ACRES AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20190001620/CPSS-2020-21 — ADOPTED MR. CALLAHAN: Madam Chair, that will take us to the first of our public hearings today. This item has been continued from the September 14th, 2021, BCC meeting agenda. This item requires that ex parte disclosure be provided by commission members, and when a hearing is held on this item, all participants are required to be sworn in. Item 9A is a recommendation to approve an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004-41 as amended, the Collier County Land Development Code, which established comprehensive zoning Page 27 September 28, 2021 regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas maps or maps by changing the zoning classifications of the herein described real property Agricultural Zoning District to a Residential Planned Unit Development zoning district for the project to be known as Blue Coral Apartments RPUD to allow development of up to 234 multifamily rental units, of which 70 will be rent restricted as affordable. �� The subject property is located on the south side of Immokalee Road approximately 1,000 feet west of Juliet Boulevard in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 9.35 acres; and providing an effective date. This companion -- this is a companion item to Agenda Item 913, which is an ordinance of the Board of County Commissioners of Collier County, Florida, 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 Map Series by adding the Immokalee Road Interchange Residential Landfill Subdistrict to the Urban Mixed Use District to allow development of up to 234 multifamily rental units, of which 70 will be rent restricted as affordable. The subject property is located on the south side of Immokalee Road approximately 1,000 feet west of Juliet Boulevard in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 9.35 acres; and, furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. CHAIRMAN TAYLOR: I believe the applicant is here and is going to begin. COMMISSIONER SOLIS: We've got to swear everybody in, September 28, 2021 oh, and ex parte as well. CHAIRMAN TAYLOR: That's right. I beg your pardon. So let's go through and do the ex parte -- oh, let's do a swearing, and then we'll do the ex parte. Anyone who wants to or contemplates on testifying on this issue, you need to be sworn in. So please stand and raise your right hand. ,.�, � (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Thank you very much. So we'll start with Commissioner McDaniel. _ 9% ` a COMMISSIONER McDANIEL: Yes, good morning. And I do have -- I do have ex parte with meetings, e-mails, and phone calls. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Madam Chair. Same thing: I had meetings, phone calls, and received a lot of e-mails in reference to Item 9A. a, %, w CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, 9A, I just had meetings. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Yes. And I've had meetings with the applicant going as far back as 2019. I've had recent meetings and e-mails from residents about the application. CHAIRMAN TAYLOR: And I also have had meetings, correspondence from residents, so -- I also have had several e-mails about this, discussions with staff, and telephone calls about this issue. Please begin. MR. WRIGHT: Good morning, Commissioners, Madam Chair. I'm Jeff Wright with the Henderson Franklin Law Firm here on behalf of the applicant. We have our team here today. I think we're having a little trouble advancing the slide here. There it is. We have Greg Fusaro, Page 29 September 28, 2021 the Applicant's Representative; we have Patrick Vanasse with RWA; Norm Trebilcock, our Traffic Consultant; and Passarella is our Environmental Consultant. We're here seeking approval of companion applications; one for GMP amendment, one to rezone property from ag to residential PUD to allow the construction of an apartment community with 234 units on 9.35 acres. That is equivalent to about 25 units per acre. The property is located at near the southeast corner of Livingston and Immokalee adjacent to the recently approved Germain dealership on Immokalee Road. We've reviewed the staff report and agree with their recommendation of approval of both applications. The Planning Commission also is unanimously recommending approval. We're not requesting any deviations from the LDC, and we are in agreement with all of staff s proposed conditions. As I mentioned, the project's close to I-75, and it provides a major public benefit, and that is the commitment to provide 70 affordable housing units -- that's 30 percent of the units would be committed for a 30-year period to being affordable, and priority would be given to essential services personnel. The affordable units will be indistinguishable from the market -rate units, same furnishing quality, amenities, everything. And as I mentioned, I have Patrick and our team here today. Patrick's going to give a brief presentation, including planning testimony and more details on the affordable housing commitment and some other project information. I don't intend to call any other witnesses, but we're all available if any questions come up. We appreciate the opportunity to present our case. And at this time, I'll turn it over to Patrick. Thank you. CHAIRMAN TAYLOR: Thank you. MR. VANASSE: Good morning. My name is Patrick Page 30 September 28, 2021 Vanasse, Certified Planner with RWA Engineering. It's a pleasure to be here this morning to discuss this project, Blue Coral Apartments. And before you today we have two requests. One is a GMP amendment to allow for the Immokalee Road Interchange Residential Landfill Subdistrict, and what that subdistrict allows is for the development of a luxury apartment complex. The maximum density for that project will be 234 units or 25 units per acre. And the additional density is granted because of the public benefit of affordable housing. The affordable housing component is going to be 70 units; that will be income and rent restricted for 30 years. The companion petition is a PUD rezone which implements the subdistrict and also allows for the development of that apartment complex. So, generally speaking, we think the project offers numerous benefits, but one of the important points is the location, we believe, is ideal for this type of project and higher densities. The project is located right by an existing activity center where, as a county, we have deemed those areas to be the best place for higher -density projects. It's on a major thoroughfare. It's also located close to commercial goods and services, recreation, entertainment. It is located also in close proximity to the I-75 interchange. And from an access standpoint, we have a joint agreement with the German dealership right next to us to provide one joint access point which will reduce the number of access points along Immokalee and enhance safety conditions. So this is the general location. The subject property is identified in orange. As you can see, the vacant parcel to the east is where the future Germain dealership will be. Further out east is the existing commercial, and to the west of us is multifamily residential. We believe our property provides a great transition from the more Page 31 September 28, 2021 intense commercial uses to the east to the less intense residential component to the west. As mentioned, the -- we've been through the review process from staff. Staff has recommended approval. We have also been before the CCPC, and they have recommended unanimous approval for both petitions. We were asked as part of that process to reduce our density. We initially came in at 30 units per acre. We were asked to reduce that to 25. We were also asked to enhance our buffer to the residential that abuts us to the west and to provide an enhanced buffer of 25 feet with additional plantings. And, lastly, we were asked to decrease our maximum height from 60 feet down to 50 feet zoned height. We are happy to comply with all those recommendations, and those have been incorporated within our petitions. So what is this project? It's a luxury apartment complex. It will have very well-appointed units, it will be highly amenitized, and it's targeting young professionals, empty nesters. The location we believe, again, is ideal from adjoining uses and really provides for proximity to goods, services, entertainment, recreation, and easy access to I-75. The next few slides are renderings or pictures of existing projects from the applicant. As you can see, the exterior finishes, high -quality projects, and we are going to have both interior and exterior amenities, as you can see on the slide. The following slide is a project they recently completed in Lake Mary, Orlando. As you can see, the quality of the finishes rival luxury hotels, and that's what we're going to see here in Naples. And this slide shows the interior of the units. As you can see, condo -quality finishes, and this will be in every unit, including the affordable units. Generally speaking, our project mimics and tries to implement Page 32 September 28, 2021 some of the recommendations from the ULI Housing Study that came out a few years ago, and your staff also is coming forward with some amendments to the Comp Plan to implement some of those recommendations. So what this study said is that in order to incentivize affordable housing in this county, it made sense to allow higher densities in the right locations. As mentioned, we believe this is an appropriate location. The initial recommendation for ULI was maybe up to 30 -- 30 dwelling units per acre. Staff is coming in with a recommendation for 25 units per acre within activity centers. In our case we abut an activity center but, again, I think we are very consistent with the intent from staff and from the ULI recommendations. Just to clarify what our commitment is, it is 30 percent of all allowed units; that is a maximum of 70 units. Of those 70 units, 35 will be at less than 80 percent AMI. The other 35 will be between the 80 percent to 100 percent of AMI. And that's a category of affordable housing that we haven't seen a lot of market -rate projects offer. I've worked on several projects where we offered gap or workforce housing, but this is really targeting an area of affordability where we really don't have much of this in the county right now. And just to reiterate, this is a commitment for 30 years rent and income restricted. We talked about the general location. I'm not going to reiterate the points, but what's important to point out is, this is truly an infill project. It's the last existing 10-acre parcel within that general quadrant, so we know exactly what is surrounding us, and we can design a project that is compatible with those surrounding properties. So if you look here, this is a rendering of a concept that we've developed. And it might change slightly as we develop the project a little further, but the intent is to locate the apartment complex as far away from Bermuda Palms, the residential to the west, as possible Page 33 September 28, 2021 and to provide significant separation. What we're showing here on this depiction is a separation of least 180 feet from our closest structure to theirs, significant setbacks. Also, to the south where we have Livingston Lakes, we have located our preserve there to create significant buffer and separation, and that width right there from our property line to the closest building is 180 feet. As mentioned, we've enhanced our buffer to Bermuda Palms. Also, when it comes to massing of the buildings, where we face Bermuda Palms we've broken up the buildings so we don't have one large mass. We've created these pocket amenity areas where there's going to be some green space, going to be landscaping, again, to soften that facade and make it compatible with the adjacent use. Also, I'd like to point out that we have one access point to the project, and that's a shared access point on the boundary with the future Germain dealership. 1, - "* `km- - So just to quickly summarize the benefits of the project: A significant affordable housing commitment for 30 years, an ideal location for higher densities, a transition from more intense commercial uses to less intense residential, joint access with the adjacent property reducing access points along Immokalee. We have conducted a transportation study. Our study concludes that we have no significant impact on existing level of service and the existing facilities, and staff concurs with our conclusions. And last but not least, as part of our review process and our hearing process, there was discussion about interconnection with adjacent properties. While we understand that the interconnections are not required, this project is committed to providing those interconnections. Should the neighbors want those in the future, or should the county want those in the future, our project is willing to Page 34 September 28, 2021 provide that. So with that said, that wraps up our presentation, and we will be available for any questions you may have. CHAIRMAN TAYLOR: I don't see any right now, so I think we need to hear from staff, please. And including the staff -- or, Mr. Bosi, if you can answer it. I see that Ms. Sonntag is here, and I would like to get a clarification of those numbers. What does that mean in dollars, today's dollars, this year's? But please go ahead, Mr. Bosi. _W% ` a MR. BOSI: Good morning, Commissioners. Mike Bosi, Planning and Zoning Director representing staff s perspective on the proposed GMP amendment as well as the proposed RPUD. As Patrick has reiterated or has highlighted within his presentation, they started out at 30 units per acre. Through discussion with the Planning Commission and staff, we've lowered that down to 25 units per acre. - `�- '*;— The concessions in terms of setbacks, buffering, compatibility with the adjacent properties to the west, the Bermuda Palms and the other apartment complexes, I believe, has been significant to achieve consistency with the land -use pattern that is higher intensity residential and commercial going over to the activity center. One of the main issues has been the establishment of an interconnection frontage road along Immokalee. The PUD has been adequately addressed to allow for that frontage road if the county and the property owners would agree to it, but it's provided for specifically not only on the master plan but within text of the PUD that provides the extra assurance that, if we can -- if we can secure the commitments from the adjoining property owners, that this PUD would allow for that to go forward as well. And another aspect -- and I will turn it over to Kristi and Jake from the Housing Department -- the eligibility in terms of density, Page 35 September 28, 2021 what they're asking for in their GMP amendment is, essentially, 112 units above what they could ask for right now by our density rating system. And if you take that 112 additional units that they're asking for and you compare that to the 70 that are going to be income restricted, that's 63 percent of the additional density that they're requesting within their GMP amendment; 63 percent are going to be allocated to either 100 percent of AMI or 80 percent of AMI and, from that perspective, the Zoning staff as well as the Housing staff feels that there is a public benefit that is being conveyed. And the land -use patterns within this general area of high -intensity commercial blending over to an auto dealership to a higher density residential project that offers public benefit of affordable housing to a -- or to higher density multifamily, the same type of product that's being proposed within the Blue Coral, we feel that it's consistent. There's public benefit, and we recommend support of both the GMP amendment as well as the PUD. And staff would be available for any questions, or I could turn it over to Kristi, and she can -- CHAIRMAN TAYLOR: Let's hear from Ms. Sonntag, and then we'll come back. I have a sense that we might have some questions up here, too. MS. SONNTAG: Good morning, Commissioners. Kristi Sonntag, Community and Human Services Director. Commissioner, could you clarify your question. CHAIRMAN TAYLOR: Okay. Talk about AMI, how it changes every year. What does it mean for 2021P22? What is that number? MS. SONNTAG: Okay. The area median income is published annually by the Housing and Urban Development, and it does fluctuate every single year and, currently, for a family of four in Collier County, that's 84,300. Page 36 September 28, 2021 CHAIRMAN TAYLOR: And that's -- MS. SONNTAG: That's 80 percent of your area median income. CHAIRMAN TAYLOR: So that means any member in that household could contribute to that number, correct, as long as it's a family of four? MS. SONNTAG: Yes, ma'am. CHAIRMAN TAYLOR: All right. COMMISSIONER SOLIS: So just to clarify. So to make sure we're all on the same page, the 84,000 is not the AMI.*4 That's 80 percent of the AMI. MS. SONNTAG: No, Commissioner.,, COMMISSIONER SOLIS: Okay. Because I thought that's what you said. MS. SONNTAG: Eighty percent of the area median income, that income limit is 84,300. ��' COMMISSIONER SOLIS: � y. So 80 percent is 80 percent of the 84-. Okay. All right. CHAIRMAN TAYLOR: No. Eighty percent equals 84,000. MS. SONNTAG: Yes. COMMISSIONER SOLIS: Well, this is what I was asking. MS. SONNTAG: Yes. Eighty percent -- the AMI is 84,000. COMMISSIONER SOLIS: The AMI is 84,000. MS. SONNTAG: Right. The area median income. COMMISSIONER LoCASTRO: Is 84,000. MS. SONNTAG: Assuming it's an 80 percent income for a family of four. CHAIRMAN TAYLOR: No, no, no. Talk about what the -- what is the -- what is the area median income, period? What is it? MS. SONNTAG: 84,300. Page 37 September 28, 2021 COMMISSIONER SOLIS: Right. Okay. COMMISSIONER McDANIEL: That's all. COMMISSIONER LoCASTRO: Eighty percent of that is a smaller number than 84,000. CHAIRMAN TAYLOR: Yeah, so it would be a lot smaller. COMMISSIONER McDANIEL: Very good. plqk � CHAIRMAN TAYLOR: So 80 percent of that -- every year the -- every year you establish what -- the median income, and it varies. MS. SONNTAG: Right. CHAIRMAN TAYLOR: Right? And then 80 percent, 100 percent, 120 percent, 140 percent is another figure. MS. SONNTAG: You are correct. �*w*--- CHAIRMAN TAYLOR: So is the AMI separate and apart from the 80, 100, 1201 140, what is that AMI figure. COMMISSIONER McDANIEL: It's 84,000. CHAIRMAN TAYLOR: No. COMMISSIONER McDANIEL: Plus -minus 84,000. MR. CALLAHAN: Commissioner, I believe your question is the area median income is about -- is 84,000, as Kristi outlined. Eighty percent of that is around 67,000, off the top of my -- COMMISSIONER McDANIEL: Two hundred -- 671200 -- well, whatever the actual AMI is. It's -- MS. SONNTAG: What it would be for a family of four, for 80 percent is 67,450. COMMISSIONER SOLIS: There we go. Okay. CHAIRMAN TAYLOR: Great. MS. SONNTAG: I'm sorry. CHAIRMAN TAYLOR: Thank you. No, no. You don't have to apologize. It's probably my mistake. COMMISSIONER McDANIEL: What was your question, September 28, 2021 Commissioner? I was trying to understand -- no, she misspoke when she talked about it. COMMISSIONER SOLIS: Right. I think your question was, what was the AMI, right? COMMISSIONER McDANIEL: I was wondering what -- where you were going with your question. CHAIRMAN TAYLOR: Oh because let's talk about I so it's 80 percent. And, I'm sorry, the other one is what percentage? What income bracket of ESP personnel is this project attracting? What is their qualifications? So one would be a family of four that made a total of $67,450 a year, and then I think 100 percent would be 84,300, okay. Good. It Thank you. COMMISSIONER SOLIS: A hundred percent would be the 841000. &&I V ) CHAIRMAN TAYLOR: Correct. COMMISSIONER SOLIS: Okay. COMMISSIONER McDANIEL: And 120 percent is 100,000, 100,001. — � � COMMISSIONER SOLIS: Right. CHAIRMAN TAYLOR: Thank you. COMMISSIONER McDANIEL: I have my calculator going up there. It's not all right there. CHAIRMAN TAYLOR: Okay. So, Mr. Bosi. MR. BOSI: Yes. COMMISSIONER SAUNDERS: Madam Chair, I do have a question for Mr. Bosi and for the petitioner. CHAIRMAN TAYLOR: Okay. So let's start with staff first, if we can, and then go to -- it's up to you, sir. COMMISSIONER SAUNDERS: All right. So you have 70 units set aside for essential services personnel. And I won't go Page 39 September 28, 2021 through the AMI again. I think we've beaten that subject to death. So you have in some of these units, the 80 percent, and some essential services personnel may qualify, and then you have the higher limit. My understanding is that if a unit is not rented to an essential services person that it would be open to other employees and their families that meet that 80 percent. MR. BOSI: The income qualification still is going to be done. It's just they will be -- won't be employed in a job that qualifies as an essential services personnel. COMMISSIONER SAUNDERS: So those 70 units, regardless of whether they're filled with essential services personnel, will be occupied by people that meet these income levels? MR. BOSI: Correct. That's -- we made that clarification within the GMP as well as the PUD. COMMISSIONER SAUNDERS: Okay. Thank you. That was my -- that was my question for the petitioner. I just wanted to clarify that for the record. fkN� CHAIRMAN TAYLOR: Okay. So, Commissioner Solis, let's start. COMMISSIONER SOLIS: Okay. A couple questions about the interconnection, because when I first heard about this proposal a couple years ago, that was an important issue for me, anyway. And I'd like to understand exactly how this is going to work and what the commitments really are. I recall when the Germain PUD was coming forward that there were maps shown and discussions about having a frontage road, and somehow that's not in that PUD, which concerns me. But I just want to make sure that we have a policy that we require these connections, interconnections -- and this is, I think, important for Immokalee Road, because everybody knows that's congested, and I want to make sure that we're trying to follow that policy as well as we can given the September 28, 2021 situation. So exactly how is the commitment structured? MR. BOSI: And just for clarification, we do not require interconnections. We encourage. COMMISSIONER SOLIS: We encourage. MR. BOSI: Yes, we encourage. COMMISSIONER SOLIS: Okay, encourage it. g MR. BOSL• Within the PUD within the master plan, they show interconnection points on the master plan to both the east and to the west, and there's specific text within the transportation commitment that if the -- if agreeable to the adjoining property owners, interconnection shall be provided to each of those to provide for that frontage road. COMMISSIONER SOLIS: Okay. And interconnection would be whatever that means is sufficient for the traffic to get -- because the whole idea was that folks that would want to take a left on Immokalee Road would go to the Juliet Boulevard light and take a left as opposed to making a U-turn there at the light instead? MR. BOSI: And, more significant, the household needs of the apartments that are to the west as well as to the Blue Coral proposed facilities, those daily needs could be somewhat satisfied with an interconnection and not have to even enter into the larger transportation system because of the goods and services that are over available at Walmart, per se, or some of the other restaurants. They can be satisfied without having to impact the larger transportation system on Immokalee, and that's the real value of that interconnection, and that's the value of our Growth Management Plan when we say we want to allow for higher density residential in close proximity to our commercial uses, because we want to shorten those trips, because of, you know, the trip length. Shortening the trip length has a positive effect upon the entire transportation system. Page 41 September 28, 2021 COMMISSIONER SOLIS: Right. And somebody wanting to get to the commercial area, not having to get out onto Immokalee Road and then turn back into the commercial areas is important. That was important to me. Okay. So you feel confident that assuming that the continuing discussions with the adjoining property owners come to fruition, that we can make that connection? MR. BOSL• Oh, yes. I'm confident that the language we've provided, the extra assurance on the master plan, as well as the commitment within the verbiage of the text for the transportation development that we can most certainly -- and they have agreed that they are willing to provide for that interconnection. COMMISSIONER SOLIS: And I do appreciate that they've agreed to that. I think that's an important issue. I do have one question for Mr. Vanasse, if I can. There was a slide -- and maybe you can go back where you were talking about the 35 at 80 percent AMI, 35 at -- let's see. Right there, okay. So there's 35 at 80 percent AMI; 35, 80 to 100; and then the last bullet point says many of the remaining units will qualify as gap. So can you clarify what "many" means? I mean, is that -- you're talking about that's your price point for the market -rate units, or what are we talking about here? MR. VANASSE: I'll actually leave this up to Gregg Fusaro, who is the applicant. I think he's run some models and, also, I think he's got some good points about long-term affordability that's important for the record. COMMISSIONER SOLIS: Okay. MR. FUSARO: Good morning, Commissioners. Thank you. Greg Fusaro with Capital Investment Group, and I just wanted to also point out that my partner, David Bastos is here this morning as well, and I'm pointing that out just so that you know that the buck stops Page 42 September 28, 2021 here. We are Capital Investment Group. In response to your question regarding the interconnection, that is a commitment that we've made in writing. It's in both applications, and I just want you to know that from day one we anticipated and understood that that was going to happen and have supported that from the beginning. So as long as that property's there, we're -- and it can happen, we will be a part of that. COMMISSIONER SOLIS: And thank you for that. 11 That's -- being the last -- kind of the last one in always presents its issues, but I do appreciate you making that commitment. MR. FUSARO: So in response to your question about other units that will be in that -- kind of that gap range -- two things I want to point out. Number one, as I think Commissioner Taylor pointed out, the AMIs change from year to year. In fact, I have the 2020s that four -person AMI was 82,3-, 2021 it's 84-something. It could go down next year. So it varies, and those rents at the 80 and 100 percent will vary as the AMI changes. In just looking at our projected rent schedule at this point, you know, there are rents that range anywhere from $1,100 a month up to about $2,500 a month. CHAIRMAN TAYLOR: How many rooms? What are we talking about bedrooms? MR. FUSARO: We have everything from studios to three -bedroom units, and the -- obviously, the rent is higher for the larger units. But my point is, there's, for example, rents that are $1,400 a month, which is about $18,000 a year, which represents -- you know, if you looked at that as, say, 30 percent or a third of income, you're looking at an income of $50-some-thousand a year. So that's, again, at 100 percent. So between that 100 and 140 percent, there's affordability. I mean, in general, our rents are compatible with Page 43 September 28, 2021 that -- that range between 100 and 140 percent. There's not many units that are going to have a rent that's higher than what that median income would be at the 140 percent level. COMMISSIONER SOLIS: Okay. And that was really what my question was was, what do you envision the market rate to be? MR. FUSARO: Right. And that's, obviously, a factor of the fact that incomes in this county are, you know, much higher than the national average. COMMISSIONER SOLIS: Okay, thank you. MR. FUSARO. Sure. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. My question or comment was for staff more than anything. Just -- and it followed along with Commissioner Solis' statement with regard to the interconnectivity. &&I V W I would like to make sure -- and I think -- I talked with staff about it yesterday, that -- and, again, I'm not into dictatorial policies, and incentivization for interconnections is imperative, especially with the stress we have on our existing road systems. But minimum -- because it wasn't really a priority for a long, long time in our community. We see circumstances like this all over our community. So I would like for us to do two things. Number one, give some consideration to enhancing incentivization somehow, some way to provide for interconnectivity in an incentive -based form some way, somehow, number one. Number two, as -- and I know there's a lot of history that's going on with this particular piece of property, and getting across the Germain piece is going to be a trick somehow. We're not quite sure how that's all going to transpire. But I would like to at least propose or suggest that while we're negotiating with the contiguous property owners that there's some kind of even pedestrian access for the residents to get over to the September 28, 2021 Walmart and the commercial center that's over there just -- again, every single thing we can do to keep that extra car off of Immokalee Road's going to be imperative. The folks that live here are going to have to come out and travel east and then turn around. If their intent is to go back to the west, it's going to be tricky at best. Nk So that's my -- it was more of a statement than anything. I just wanted to -- I was thinking about it last night after I spoke with staff about this, and, minimumly, if we can provide for pedestrian access across to get over to the commercial, that will -- that will help. CHAIRMAN TAYLOR: Thank you. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I mean, I have similar comments. My main concern isn't with the numbers and the AMI and all that. I think all that, you know -- I think you've proven your point. But it's safety. And that interconnection, keeping people off Immokalee, is critical. 6, - ""W '*,- So, you know, Mike, to your point of we're continuing discussions, they're going in the right direction and everything, but in the end, this is really what the Germain team decides and thinks. So, of course, Blue Coral wants the interconnection and people that live there would want it. It keeps cars off of Immokalee. It lets people get to all the surrounding stores without getting out on the big road, so everybody sees the advantage. But similar to what Commissioner McDaniel is saying, I'd really like to see aggressive conversations with Germain, because they're really the piece of the puzzle that is unsettled yet. So it doesn't give me confidence to say, well, we're having conversations and it seems like they're going -- I mean, to me this actually might be -- I don't know want to use the term "deal breaker," but it's a pretty important point. And so I know your job is to bring the two parties together and, Page 45 September 28, 2021 you know, try to have it be resolved on both sides, but Commissioner McDaniel brings up a good point. That interconnection is so important that let's exhaust every possible option. And I assume you're doing that, but exhausting the options isn't with the Blue Coral guys; it's with Germain. And so I don't see anybody here representing them or, if somebody is, you know, if they want, you know, come to the podium. But I would like a more definitive type of thing that, hey, we have some options. Maybe we haven't decided which one, but we think in the group of options there is a winner. And it might not be exactly the perfect thing that was in Plan No. 1, but it's -- something is going to be agreed to at that interconnection to provide the safety for people -- or the convenience. I mean, a lot of people that live there, some of them are going to be seasonal, some of them are going to be elderly, you know, and to get out on Immokalee every time they want to go somewhere -- if we had an option of an interconnection, and then to not have that happen.�� So, I mean, yeah, it's more of a statement here, but really the aggressive conversation's with Germain, and they hold all the cards. Blue Coral wants it. We want it. But, you know, I can see Germain's point of it really matters where it is in the property, and there's not a million options. So, you know, my point is, I'd like to hear something more definitive from -- I mean, can you elaborate a little bit more? When you say, you know, oh, we're in conversations, but do you have three options and they're trying to decide one of the three and they're going to pick one, or it's a little looser, you know, of a conversation? MR. BOSI: And -- I would probably have to defer to Trinity Scott in our Transportation Planning Department, who has been involved in those conversations ongoing. The -- right now the issue with Germain is that the proposed l= September 28, 2021 interconnection is about a quarter of the way to the south of their property, and that impacts, I think, the functionality of how the dealership can operate. COMMISSIONER LoCASTRO: Space. MR. BOSI: So we're trying to engage in a discussion that would allow for maybe more flexibility that's going to allow for a better site design so they can accommodate the interconnection without having to forego a quarter of their parcel from being utilized in a manner that they would feel appropriate as the property owners and as a car dealership. So that's really the crux of the arguments. COMMISSIONER LoCASTRO: Okay. MR. BOSI: And what I would also remind the Commission, and it was related to a reference to the ULI report that Mr. Vanasse had put up, and it was recommending 30 units per acre, those amendments that you heard earlier discussed at your public speaking, we're proposing 25 units per acre in certain locations. But the other aspect, and it relates directly to the public benefit of this proposal, 70 units are going to be income restricted. And why does that matter? That ULI report, it estimated that 40,000 people, employees are imported by this county every day to come from Lee County, from Miami -Dade, from areas outside of Collier County to fill the work obligations created by our land uses. That is a significant driver of our transportation congestion. And when we have opportunities in the right location -- I'm not saying density at all locations is appropriate. But in this location of an interchange activity center, and we are -- we're just outside of that interchange activity center -- with higher residential multifamily already existing to the west, with commercial in such close proximity, this is where we want to provide for those opportunities. And I know 70 units, well, what is that going to shave off, 150 of those 40,000 people? Well, that's an improvement. And we're Page 47 September 28, 2021 trying to find any areas for improvement. And we do think that this applicant has provided a lot of flexibility and shown goodwill, and we will take that -- your comments, your comments and the Commission's desire for this interconnection and try to find the right arrangement that's going to work for the needs of Germain. Blue Coral is set up to be able to receive it. They've already agreed to it to the properties to the east and to the west if the Bermuda Palms Apartments did want to provide for. And they had even suggested that they would allow for a gate towards where the Bermuda Palm Apartments to the west could come and utilize their access point to get to the commercial area, but to get back in you would have to be a resident of the Bermuda Palms. So they have shown a tremendous lot of -- amount of flexibility, and there is public benefit that is being provided. But we hear the direction loud and clear for the interconnections, and we will do everything within our power to try to accommodate and establish that, because everyone understands the benefit that it will provide. COMMISSIONER LoCASTRO: I mean, has Germain showed that flexibility? I mean, do you feel like you're getting that -- (Simultaneous crosstalk.) MR. BOSI: Yeah. Just two months ago, speaking with the land -use attorney who represents Germain, there was no desire -- there was no desire to engage in any further discussion about interconnection. Since we've pulled the petition, that has -- that stance is starting to soften. So, yes, I think -- they're showing flexibility. COMMISSIONER LoCASTRO: I mean, it might sound like no big deal, but when you see those -- when those interconnections happen, then, you know, you see how it creates a much more safer environment as people traverse all these different commercial areas 0-= September 28, 2021 without having to get back on, you know, Immokalee or whatever. COMMISSIONER SOLIS: Can I just --maybe I can just shed some light on it. You know, when this whole issue came up, I was really the one that requested that it be continued so that we try to work this thing out. My discussions with Germain's representative is, now, that they are actively looking at what they can do to make this work, and I feel much better now that there is some -- you know, some movement there. I feel -- I feel better. I won't say I'm confident that it will work out, but I feel a lot better than I did before. I think there's some sincere interest there. You know, there's maybe another issue on the other property to the east, but I think -- op, -, , , CHAIRMAN TAYLOR: One property at a time. COMMISSIONER SOLIS: Right. We've got to take one small step at a time. But I just wanted to say that my recent conversations with them is that they're -- they really are sincere in looking at it. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, Trinity, do you want to address Commissioner LoCastro, or do you want me to? MS. SCOTT: For the record, Trinity Scott, Deputy Department Head. R s ag As of two weeko, the door was pretty much a no. And so we've all had conversations with Germain, and they are at least open to coming to the table with those options, as Commissioner Solis discussed. We will continue to actively pursue it. As we discussed, Germain is -- as I've said, they're my largest hurdle right now because they're kind of the hole in the doughnut, if you will. And then once we can get through the Germain piece, then we can go have some discussions with regard to the adjacent PUD, which it does have a September 28, 2021 PUD commitment. The Gaspar PUD does have a PUD commitment for the interconnection. I think through the years interconnections are evolving for us, and you're seeing more specific language come into the PUDs as you've seen in this one as far as requiring the access easement to where we're taking a more stronger stance with regard -- up front in the PUDs in trying to get those easements there so that 20 years down the road, as all of these parcels develop, we can actually make those connections. And it does take quite some time. We're still working on the connection on Pine Ridge Road between Whippoorwill and Livingston, and that's 20-plus years in the making. One parcel, one little connection, and then we'll have that connection through. So staff understands the importance of them and will continue to bring those to your attention. COMMISSIONER McDANIEL: Yeah. I just -- and that was my thoughts. I wanted you to hear there are a couple of pieces to the puzzle, as Commissioner Solis has elaborated on. And, you know, we can't hardly accost a cooperative petitioner for somebody who's not part of their petition other than -- other than saying out loud that we will cooperate to the best that we can and offer incentives in order to accommodate the cross -access, so... CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. And I think this is for Mr. Bosi. If we make an assumption that there will be no interconnection with the Germain property, what would be your recommendation in reference to this petition, if you make that -- just make that assumption? MR. BOSI: If we made that assumption, it wouldn't change my recommendation. The Transportation Department has already indicated that it satisfies the concurrency management system, this Page 50 September 28, 2021 volume to capacity on the road system. If they have an outfall or they have an ingress/egress point only on Immokalee Road and not an interconnection, we do recognize that it is a much better project if that interconnection is provided for. But we would stand by our recommendations even with only an access point on Immokalee Road. ,W COMMISSIONER SAUNDERS: And, Trinity Scott, same question to you in terms of transportation. MS. SCOTT: Certainly, sir. Our recommendation would not change either. We actually evaluate it based on all the traffic going out onto Immokalee Road as your worst -case scenario, because whether it hits at this section or whether it hits at the light, it's still all going to impact for this roadway link. 1W*W.1q&_, 11* So we will evaluate further at Site Development Plan or plats and plans for operational analysis, but we will evaluate based on all of the traffic going out to Immokalee Road. COMMISSIONER SAUNDERS: Okay. Thank you. CHAIRMAN TAYLOR: I have a question for Mr. Bosi. COMMISSIONER SOLIS: I had, actually, one quick question for -- but I can ask Mr. Bosi, and then I'll be done with my question. And that was, the commitment now to have a single access point for both the Germain -- I mean, Germain has agreed to that. MR. BOSI: Yes. COMMISSIONER SOLIS: And that's of a significant benefit so we don't have two curb cuts and more traffic coming in and out. It will be a little more control? MR. BOSI: Spoken like a transportation engineer. Exactly. The two ingress points down to one ingress point's always going to create less friction, less traffic, and something that we always want to promote. So yes, absolutely. COMMISSIONER SOLIS: I'm not an engineer, but I play one. Page 51 September 28, 2021 COMMISSIONER McDANIEL: Holiday Inn Express. COMMISSIONER SOLIS: Yeah. CHAIRMAN TAYLOR: Mr. Bosi, can you talk and define what infill is? It's a subject that I'm going to bring at public comment, so I thought it was a great entry right now. MR. BOSI: An infill is a term in the planning world where you have properties that have been developed on one or either side within the urbanized area when there is a full arrangement of infrastructure that's provided for. And when you have infill property, we don't want to see the next green field that's farther out removed from where our infrastructure is developed. _^V� So as a -- as a set of policies, what we want to promote is -- and Commissioner McDaniel's talked about it in terms of the interconnection, incentivization. So what we do when we have infill properties, we have provisions that allow for higher densities, more intensities because we want to -- we want to -- we want to promote the market to recognizing that this property has a full arrangement of infrastructures. We want to get that into an active land use so, therefore, we're going to provide incentivization to create activity from the marketplace to take action to promote that area. So when we say infill, we really talk about how do we get better utilization of a parcel that has all their infrastructure available but it's not in active use. So we have provisions that incentivize that. CHAIRMAN TAYLOR: All right. Thank you. And then as far as the timing for this interconnect, is there a time -- is there a clock on this in terms of -- at some point we can't discuss for two or three months or it's up to the developer, I suppose, but there will be a sort of a drop -- you know, we need to stop this conversation. It's going to happen or it's not going to happen, correct? MR. BOSI: Well, there will become a time, but I imagine that Page 52 September 28, 2021 the original -- the design of their -- of their facility will have to contemplate that they have an access point on adjoining both sides, that eventually they may have to -- they may have to provide for that interconnection. So they're going to have to design their project to accommodate -- and 10 years from now their PUD's saying that they will provide for that interconnection. So the way that they design their facility is going to have to anticipate that sometime in the future it may be provided. *N4, 4 �` CHAIRMAN TAYLOR: So I think I'll ask Mr. Fusaro to come up, please. Thank you. MR. FUSARO: Yeah, that's a great question. I think that our next steps, obviously, is to do our SDP. And as we go through that process, we have initially planned that at the north end of the property there is parking, there's a dog park, and there's also some additional right-of-way. And so we have a lot of flexibility on the north end of the property to kind of locate a connection road, service road, if you will, in a lot of different areas. But our hope would be that over that next six-month period that we're going through our SDP that we could get that resolved. If not, then again, we might have to make some modifications to our plan or to our actual construction once it's completed. But, again, we've got a lot of flexibility because we have always envisioned that there would be some cross, you know, vehicular access there, there will be some parking out there, and also we had a green space set up in the front there along Immokalee. 1,111 So we do have a lot of flexibility. Obviously, it's better if that happens sooner rather than later, but we do have the flexibility to be able to accommodate it at any time. There's also an existing curb cut, I'll call it, in the driveway at Bermuda Palms that's been curbed and paved that anticipated a connection coming east. And so I think initially we would try to go Page 53 September 28, 2021 from where that existing curb cut is and head east. There was also a plan presented, and this was in my conversations with Commissioner Solis two years ago, that was shown to us that showed that service road almost -- going in front of Germain almost right up against Immokalee. I mean, there's obviously some buffer in between. But it was very much pushed to the north end of their property, which made sense to us. We thought it made sense to them because, obviously, I understand their position. They don't want traffic from Bermuda Palms, from our development, coming right through the middle of their display field where they have, you know, new and used cars. So we understand that, and that's why we thought it was going to be positioned right at the north end of the property. ft Bottom line is, our development plan, even if that might change, still has plenty of flexibility to accommodate that. CHAIRMAN TAYLOR: North/south? You've got flexibility north or south on your property, correct? MR. FUSARO: Well, the south over one -point -something acres is a preserve. - Ik 'It& CHAIRMAN TAYLOR: Correct. MR. FUSARO: And that's the same way for Germain. Both properties have undisturbed preserve on the south side of the property, then development areas, and then the area in front. We have a very -- I don't know. It's probably 300 feet of depth from Immokalee coming south that we have programmed currently for parking, green space, and some kind of interconnection. So it would have to be -- at the end of the day, based on how Germain, I think, would operate, that service road is going to have to be at the north end of both properties. And all I'm saying is we have plenty of space to do it, and it could move up or down some, but we have plenty of flexibility to do that. Page 54 September 28, 2021 CHAIRMAN TAYLOR: But, again, you just -- you do have -- you're flexible in your locations of where to site -- MR. FUSARO: Yes. Yeah, absolutely. CHAIRMAN TAYLOR: -- site the connector roads? MR. FUSARO: We have a lot of room up front, and we -- again, we planned that initially because we anticipated that this was going to happen. CHAIRMAN TAYLOR: Thank you very much MR. FUSARO: Yes. _ wft CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Sir, just one last question, and this is really to, I guess, confirm your commitment and understanding of what the safety and the convenience that the connector provides to the residents of Blue Coral. Should Germain -- this is a little hypothetical, but it's really to see how committed you -all are. Should Germain agree to wherever that location is, is Blue Coral committed to fully paying for the expense of that connector? So Germain says, yeah, you can do it, but we're not picking up any of the tab. Has that been part of the conversation that you -all are committed to the full cost of the connector, or that's not something that has happened? MR. FUSARO: We have not had that conversation. I'm not sure that would be fair and reasonable, but I like Commissioner McDaniel's idea to incentivize the interconnections versus -- CHAIRMAN TAYLOR: There we go. MR. FUSARO: -- versus us bearing the load of all of that. And, again, just to be clear, it's been represented to us, until June, when we met with CCPC, that there was going to be an interconnection. And Germain presented an objection letter in June because we referenced in our PUD and our GMPA application that it would be provided. So, you know, we have operated from day one Page 55 September 28, 2021 under the impression and the representation that that would be there, and it would not be our cost to put that in. A couple other points to note. The traffic study, just so you know, indicates that for our development, if that interconnection does not take place at peak p.m. hour, it's 20 additional cars on Immokalee that would otherwise take the other route over to Juliet, and that's significantly less than what another commercial development on that site would be. Because, frankly, if I'm the owner, potentially highest and best use is a commercial development there. Theoretically, you could do 80,000 square feet of medical office or something like that. It generates a lot more traffic. So -- but, yes, we're committed and, I think, you know, we're certainly willing to do our part, whatever that might cost. And even if it's a year or two from now, we might incur a lot of additional costs that we wouldn't expect, but we're certainly prepared to do our part. I'll make one other comment, too, because I think it's important. One other thing about the infill and the activity center in those locations, our residents, which is a combination of all different types of people and demographics, but one of the things that we try to do is locate a property that has a high walkability score, and that means that our residents can walk or bike to amenities, groceries, retail, restaurants, parks, and that's what's great about this site. You know, we drove through the park yesterday, and it's like -- you know, it's a third of a mile, and the trail comes right up Livingston and turns into the sidewalk on Immokalee. Even though Immokalee's a lot to go across, there is a crosswalk, and our residents can walk to Seed to Table. They can walk to the Publix. They can walk to Walmart. They can walk or ride their bikes to the park. What that does -- as Mr. Bosi said, that does have an impact on traffic, and it's a favorable one. So we're excited about that. CHAIRMAN TAYLOR: And a quick question before Page 56 September 28, 2021 we -- management of your apartment building. MR. FUSARO: We manage everything we develop. CHAIRMAN TAYLOR: Will there be a manager living on site, or will it be done from another -- MR. FUSARO: Well, all our site personnel will live in this area. Whether or not they live on site is really, you know, their choice. A�*w� CHAIRMAN TAYLOR: Okay. MR. FUSARO: We don't -- we don't require that. CHAIRMAN TAYLOR: Okay. MR. FUSARO: But in many cases they But we'll have a full management staff here. CHAIRMAN TAYLOR: Thank you very much. MR. FUSARO: Yes, ma'am. CHAIRMAN TAYLOR: All right. Any other questions? MR. CALLAHAN: Madam Chair, you do have a couple of public speakers, and we're due a court reporter break. CHAIRMAN TAYLOR: Thank you very much. How many speakers do we have? — MR. MILLER: Four. CHAIRMAN TAYLOR: I think we will take a court reporter break, and we will come back at 10:45. (A brief recess was had from 10:35 a.m. to 10:45 a.m.) MR. CALLAHAN: Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Thank you very much. I think we're now moving into public comment. MR. MILLER: Madam Chair, we have four registered speakers for this item; two here in the room and two online. Your first speaker is Nancy Lewis. She'll be followed by Barbara Kanter. CHAIRMAN TAYLOR: And we can use two podiums, so if Ms. Kanter's here, if you'd be -- thank you very much. Page 57 September 28, 2021 MS. LEWIS: Again, thank you, Madam Chairman and Commissioners. Again, for the record -- CHAIRMAN TAYLOR: Do you want to pull down the -- there we go. MS. LEWIS: Nancy Lewis. I'm here today representing 256 residents who have signed a petition requesting the denial of the Blue Coral Planned Unit Development. This request is based on its being incompatible and inconsistent with neighboring residential PUDs and only serves to endanger the public safety and welfare of Collier residents by adding yet more cars and pedestrians to an already compromised area. The petition states in part, more traffic, longer lights, more aggressive drivers, more accidents, longer evacuation times. It also cites the county's recent Immokalee Road traffic study, I'm sorry, for the corridor. The count, 43,000-plus vehicles a day, close to capacity, jamming the street when it began its review, but in the first quarter of this year the count reached over 60,000 near the interstate, an increase of 17,000-plus units per day. Commissioners, we fully understand every property owner has the right to develop their property; however, there's nothing, absolutely nothing that obligates this commission to deviate from the Growth Management Plan. The Growth Management Plan allows for a total of 65 units, not the 234 being requested. In speaking with county zoning staff, the project is appealing because of the affordable housing component. Staff went so far as to make reference to the affordable housing initiative draft as justification for the project; however, it's only a draft. Why would you consider this when you haven't even seen the entire document or approved it? The petitioner bypassed the Land Development Code affordable housing density bonus requirements by deviating with the GMP by September 28, 2021 requesting it. The applicant made no commitment to the types of the units, the number of bedrooms, and the AMI levels. How many other applicants have done this? Do we actually know how many approved affordable housing units are in use? I requested audit reports for the PUDs containing affordable housing commitments. Housing staff provided me a commitment tracking report that lists the numbers and types of units in each. But there's no actual audit of the PUDs for affordable housing commitments. One can only wonder how many units designated for affordable housing, its intent, are actually rented at market rate. Without knowing the actual status of the already approved commitments, affordable housing should not be the basis to deviate. This is about endangering the safety and welfare of residents by allowing such a substantial increase of density to an already compromised area and failing roadways. Please deny it. I'd like to enter the petition into the record. CHAIRMAN TAYLOR: Thank you. You give it to our court reporter, please. Thank you. MR. MILLER: Your next speaker is Barbara Kanter. She'll be followed online by Brett Brosseit. MS. KANTER: Hi. My name is B.B. Kanter. I am a resident of Pelican Bay, and the reason -- I wasn't going to state this, but Jackie reminded me of how my commitment to public housing and my career started. My parents and my grandparents and my great grandparents grew up in New York City in tenements moving from place to place because they were immigrants with no education. In 1964, they all moved into workforce housing, which I think probably was in the 80 percent range, and their lives changed. So I grew up hearing about how lucky I was that I always lived in a house and we always had food on our table. Page 59 September 28, 2021 So the reason Collier County has zoning and building codes and such a good staff is so that unsubstantiated claims can be taken out of the planning process. We all know what we've heard is substantiated and what isn't substantiated. Blue Coral meets all the code and zoning requirements. They've been entirely -- again, this is hearsay, but the Planning Department says that they have been very cooperative in trying to meet all the standards of Collier County. And then, lastly, we need to find places where people who graduated from Collier County high schools can live, and most of them probably will barely qualify to live in the 80 percent if they have two working parents. So this is -- we want people who are nurses and who are -- will be working in the dealership to be able to live in the county because, if they don't, they're going to be driving on Immokalee from the east and generating a lot of traffic. So I don't see this as generating traffic. I see this as decreasing traffic. But I, you know -- so, anyways, my last statement is, just like homeowners like me and people who've always had a chance to be in a stable place, renters want a stable, long-term place to live where their children aren't -- don't have to change schools. As everybody said, these 220 [sic] units are barely going to make a difference, but building them will give other people the hope that we can build more, and there are places that we can build more if we want to, and if -- we have to be very careful to require that the developers follow all of our rules. I don't want them if they don't follow rules. I'm a HUD employee, so who knows more than I do how important it is to follow the minimum property standards? Thank you. MR. MILLER: Your next speaker is Brett Brosseit, followed by Diane Doherty. Brett, you're being prompted to unmute yourself. There you September 28, 2021 are, Brett, you have three minutes. MR. BROSSEIT: Thank you, sir. I'm Brett Brosseit. I live in Palm River just down the road from the proposed Blue Coral site. I've lived and working in Collier County for the majority of my career, which has involved working in various capacities in the real estate and building industries, including the development of rental housing financed with tax credits and other funding. I believe the proposed Blue Coral rental community represents a unique opportunity for Collier County to address the most pressing housing -- its most pressing housing needs by providing the right housing for our local families developed under the right program in the right location. Q%kL ` a Over the past several decades, Collier County residents have been blessed with some of the most vibrant growth in the country, contributing to the exceptionally high quality of life enjoyed by our residents. That quality of life, however, is not equally shared by all in our community, and local working families struggle daily to survive under the high cost of living. Those hardest hit by local housing costs often include community members in essential roles such as teachers, first responders, medical staff, and hospitality workers. This imbalance presents not only a moral imperative but a tangible threat to the strength and vitality of our community as the housing distress experienced by many Collier County families ultimately pushes them out of the area, adding to longer commuting distances, increased traffic congestion, labor shortages, and other community -wide problems. If it is to be a world -class destination with a vibrant local community, Collier County will need to provide quality workforce housing for its local families. The economic realities of creating workforce housing in a high -cost area like Collier County often make it difficult, if not Page 61 September 28, 2021 impossible, to develop affordable rental housing for local families with conventional financing. The housing tax credit program is a sophisticated funding mechanism that leverages private sector market dynamics to fund the development of quality workforce housing in areas where the economics would otherwise prove infeasible. A tax credit allocation represents a valuable investment that addresses stubborn housing issues affecting communities like ours. Quality workforce housing financed with tax credits force existing and future commercial development while addressing local labor demands and advancing the quality life for local families. As an additional benefit, the extensive monitoring, inspections, and contractual obligations inherent in the tax credit program help ensure the long-term upkeep and professional management of rental communities. &&, %L These tax credits, however, are a scarce resource, and builders must vie for them in highly competitive funding rounds where only the best proposals succeed. The competition is stiff, the process is onerous and, in my experience, tax credit builders typically become stable community members by virtue of their extensive long-term commitments and guarantees. In other words, this is not development for the faint of heart. It's not a quick -buck type of approach, and relatively few builders maintain the expertise and dedication to specialize in tax credit development. The area surrounding the proposed site on Immokalee Road is appropriately characterized by commercial and high -density residential uses. In fact, the site's immediate proximity to potential places of employment and shopping offer significant advantages to both Blue Coral residents and the surrounding community creating workforce housing in an essential area with an easy walking and Page 62 September 28, 2021 biking distance as such prolific commercial growth not only helps address local needs labor in key sectors critical to our local economy, it really is the ever-increasing traffic congestion that results from pushing housing -distressed families further out of area, an issue that, unfortunately, has become a hallmark of our county. Because the proposed Blue Coral rental community is the right housing built under the right program in the right location, it will help keep our working families where they belong, right here, our neighbors, strengthening our community for generations to come. Thank you. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Madam Chair, your final speaker on this item is Diane Doherty. 1W CHAIRMAN TAYLOR: Ms. Doherty, it's very difficult for you to hear the beeper, I think, speaking, but you do have a total of three minutes. We will indulge you a little bit, but try to be cognizant of that. Thank you. MS. DOHERTY: My name is Diane Doherty, and I am the president on the board of directors for Bermuda Palms. We have several concerns, the first one being the access. We only have one ingress and one egress into the Bermuda Palms. We are a small community of 80 -- 80 condos. So we had done a petition earlier that was signed by several of the residents that we do not want Blue Coral to have access into our -- into our condo association. Again, I have to stress that we've only got one way in and one way out. You want another 234 units coming in and out of there? That's ridiculous. It's not going to be too feasible. We also have concerns regarding the traffic. We don't have to belabor that. It's already been spoken about. The other concern we have is density. We're 80 units. You're going to put 234 units. And we're 80 units on, I believe, eight acres. Page 63 September 28, 2021 They've got nine acres, and you're going to put 234 units? That's -- that's really a big problem for us as well. We have -- also would like to see more -- if this is going to happen, we also have a problem with the landscaping. We need more of a buffer. You're talking 23-foot trees, and you're talking a 50-foot -- you're talking 50 feet of a building. We want to see a little bit more hedge, taller and thicker. And one of the questions that I have is, why can't we use what's already existing between Bermuda Palms and the proposed Blue Coral development? You have got to understand that this development, Bermuda Palms, has been here for 17-and-a-half years. So I guess we're a little bit spoiled to not have anybody next to us. We're not against the project, but we would like to see less than 25 units per acre. I don't know if that's feasible, but that's what we're -- that's what we're requesting. So with that, I don't really have much else to say. Yeah, there's just no agreement from us on the ingress and the egress into Blue Coral from our development. CHAIRMAN TAYLOR: Thank you, Ms. Doherty. MS. DOHERTY: You're welcome. MR. MILLER: And that's our final speaker, ma'am. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: I have a question for Trinity Scott and then also a question for the developer. And, Ms. Scott, the question I'm going to ask you deals with the plans for Immokalee Road and the condition of Immokalee Road. One of the speakers, I think, rightfully, suggested that there's a lot of traffic congestion on Immokalee Road, and this is going to add to that. So I'd like to have you spend just a moment on what we're doing to address problems on Immokalee Road and what is the actual impact of that particular project if it's approved. September 28, 2021 MS. SCOTT: So in our current Annual Update and Inventory Report there are 450 remaining trips on this section of Immokalee Road in the p.m. peak hour/peak direction, and this application would be consuming nowhere near the 450. So there's still available capacity on the roadway; however, during that Annual Update and Inventory Report, we do look at projections based on historic growth patterns. And so we do project that I believe it's 2028 in the current Annual Update and Inventory that Immokalee Road would -- this specific segment may exceed its capacity. Once again, those are projections. So we have initiated -- probably 18 months to 24 months ago we initiated a corridor congestion study looking at Immokalee Road from Livingston Road to Logan Boulevard to look at opportunities to look at our interconnections to see how we can reconfigure our existing intersections to more innovative intersections to where we can actually have more throughput through that roadway so that we can gain more capacity but maintaining our six -lane facility. That actually is slated to come back to you in October for consideration. We've already started working those improvements into the Long -Range Transportation Plan as well, and so hoping that we would be working toward getting those improvements in place over the next five to 10 years. COMMISSIONER SAUNDERS: And then a question for the developer. There was some discussion -- MR. FUSARO: Yes, sir. COMMISSIONER SAUNDERS: -- from the last speaker concerning buffering and sort of a sense that, perhaps, the proposed buffering is not sufficient. Is that something where you have some flexibility, and is there anything we can do to enhance that buffering? MR. FUSARO: So that concern was expressed to staff about three months ago. And I don't remember A, B, or C type buffers, but Page 65 September 28, 2021 we had one type of buffer there. In response to this concern, staff had asked us if we would consider doing a more intense buffer that -- instead of one type of shrubbery, we had additional shrubbery, a low set of trees, and a high set of trees, and we agreed to do that. We would also look, if possible, to incorporate some of the existing vegetation there, but all these sites along Immokalee are three or four feet below the road and so, generally, the whole site has to be built up, and that, you know, generally means that you have to clear most of the site. But we'll certainly take a look at that. We'd love to preserve the trees along the entire boundary, but it's just -- it's very difficult today based on development requirements. COMMISSIONER SAUNDERS: Thank you. Thank you. MR. FUSARO: Yes, sir. N CHAIRMAN TAYLOR: Thank you. All right. So any questions? No questions. Do I hear a motion? � - ".P* '* COMMISSIONER McDANIEL: Do you want me to? Do we want to hear them together? Because I'll make a motion to approve both of the items, 9A and B, unless you have to have separate motions. MR. BOSI: No, I think you can have them all at once. I just wanted to provide just a clarification in terms of the existing -- the proposed affordable housing language. The County Attorney's Office and staff had made very small changes and clarifications just to clarify the income levels and that the units, if not rented to essential service personnel, they would still be income restricted, as we spoke about earlier, and I just wanted to put it onto the record, and the applicant has agreed to this language, but I just wanted to get a clear record for the action. CHAIRMAN TAYLOR: Good. COMMISSIONER McDANIEL: My motion's still the same. -1 •• September 28, 2021 COMMISSIONER SOLIS: I'll second the motion. CHAIRMAN TAYLOR: Okay. COMMISSIONER SOLIS: And I'd like to say a couple things, if I can. CHAIRMAN TAYLOR: Saunders. Yeah, and then Commissioner COMMISSIONER SOLIS: I'm sorry. Was your light on? COMMISSIONER SAUNDERS: No, I just pushed the button. You were quicker. CHAIRMAN TAYLOR: He didn't push his button. COMMISSIONER SOLIS: You know, I think we spent a lot of time with a ULI study looking at how we can address the affordability issue. We even changed provisions in the LDC to provide for activity -- the inclusion of residential housing in activity centers because there's employment there, there's services there, there's transportation there. And this -- this proposal does all of that, to the applicant's credit. I mean, it really is a place to do what we talk about a lot, which is smart growth, right? Walkable. And I think this is -- this is a perfect example of that. I think we've all gotten a copy of the Chamber's support for the development. I think that's important. Yes, it's a small drop in the bucket in terms of the total need for affordable housing, workforce housing and all that, but it is a step, and I think it's an important step. So, you know, I think with the study that's ongoing that we're going to hear some suggestions about how to alleviate some of the congestion there around I-75 in that corridor, I'm supportive of this. I think it's what we talk about doing, and we should go ahead and do it. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'm going to support the motion. I believe that there's a lot of good elements to Page 67 September 28, 2021 this project. And I understand that the primary concerns of the neighbors are -- buffering is one thing we talked about and, of course, traffic on Immokalee Road. A couple years ago I had asked staff to really expedite and do this corridor study for Immokalee Road similar to what the staff had done and is doing in reference to Pine Ridge Road. I'm going to be asking staff to expedite some of those proposed improvements. I know -- I think Trinity Scott just mentioned somewhere along the 10-year time frame there may be some work done. We'll try to expedite that. But I think the main bit of testimony that convinces me to support this is that this is not going to result in a significant impact on Immokalee Road. There's still going to be capacity there. We're going to have other developments going in along Immokalee Road that will impact traffic, as this will. And we do have a plan to begin the process of improving Immokalee Road. And I think the developer will work with the property owners in terms of the enhanced buffering to make sure that there's at least some consensus there. So I'm going to support these -- this -- this motion for these two items. I think they're in the public interest and will be good projects for the county. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: I'm going to support these two motions as well, but I wanted to address the residents who, you know, took the time to sign the petition and the residents who live in the adjoining residential property. A lot of times when we vote on things up here and it goes against what your request was, you know, you might leave here and feel like you weren't heard or, oh, you know, they don't care about us; it's all about money and things like that. September 28, 2021 But, realistically, I do like all the things that are in here. I think the density has been reduced. I always feel like if the density was 30 units per acre and they went to 25, then the motion is, well, make it 20, and then if they made it 20, it's like, how about 15. And, you know, the reality is, you have to own a calculator and run the algorithm and look at the cost of the property, the cost of construction, and whatnot. And not that everything's a cash cow, but sometimes it's -- people that are against it will just say, well, just make it smaller, just make it smaller. And, you know, the reality is, when you run the numbers, then it's not something that's going to be cost effective. You know, we can't take a $40 million -- and I'm using a different example, but it's an example we voted on a few months ago, but I'm not going to name it. But you can't take a $40 million piece of property and turn it into a park. You know, that's not the best use of taxpayer dollars. And in the case here, it's about finding balance. And so I like all the things that I heard. I hope you -all are true to your word with the setback -- or the foliage and, you know, those sort of things. But also, too, on the interconnection, I really think more of the onus is on you and not Germain. So however you meet in the middle, I mean, I think, the benefit is 99 percent good for you with the interconnection and maybe 1 percent good for Germain. I don't know too many customers that are going to say, oh, we can get through and go visit, you know, people over at Blue Coral. So, you know, keep that in mind. That interconnection is a big safety, you know, type of issue. But, you know -- you know, I'll just conclude by talking to the residents who took the time to sign the petition and come to the podium. You are heard. These are things where we're trying to find the balance, and some concessions are being made and, also, no project is finished just when we vote here and then we all, you know, are oblivious to it. We need to hold, you O• • September 28, 2021 know, the developer accountable to make sure they do plant the right trees, they do plant the right bushes, they have aggressive conversations with Germain and with our county staff and whatnot, and we see this thing all the way through to the end so it's the best possible addition and improvement to that community. I actually drove out there. I wanted to see the balance between commercial and residential, you know, and this is a good balance. This is a good balance. There's so much around there. I mean, if -- people that live there are going to have so much convenience to be able to shop in commercial. But you -all for Blue Coral still have a bunch of homework assignments that we're going to hold you to. ` a But to the residents, you know, you are heard, you're not ignored, and there are concessions that have been made that I think make this project favorable, and I support it. CHAIRMAN TAYLOR: Well, I also support it. I think the developer has taken a concept and made it work here. I think this is what we want to encourage more. I'm very impressed with your sensitivity to the surrounding area, especially to, you know, aligning your preserve area with Germain, which is only a plus for the people to the south. And I am sure -- I mean, I'm -- I understand infill. I understand how difficult it is. And one of the things I'm going to talk about under communications at the end is that we start looking at infill as a different creature; that we are going to do more and more of infill, and there -- and what is good for property that isn't infill, it may not be good for a property that's infill because of the existing residents around it. I wanted to reassure our friends at Bermuda Palms that the developer -- and I don't know if you heard this, but -- has agreed that there would be a gate if you would agree to an interconnect. That Page 70 September 28, 2021 gate would not allow anyone to come into your property but would allow you to access an interior road which would be a safety issue for your residents. I think when this gets built and when Germain gets in and they have their 50-foot -- 50-foot or 55-foot height walls or height of their building, I think it's -- or is it 50? Fifty. I think the reason we're doing this is going to be very clear. This is something that goes from low to high and then goes to an incredibly dense area, which is the north Walmart, which everybody shops in. It's extremely busy. It gives you everything. It gives you food, it gives you clothes, and it gives you fun things, and it gives you appliances, even. So I think -- I look forward to that interconnect, I really do. And on that, we have a motion on the floor and a second. All those in favor, say aye. r� COMMISSIONER SOLIS: Aye. � COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Item #9C _WJ ORDINANCE 2021-33: AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE Page 71 September 28, 2021 PROJECT TO BE KNOWN AS SOLUNA RPUD, TO ALLOW CONSTRUCTION OF UP TO 108 DWELLING UNITS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF TREE FARM ROAD AND MASSEY STREET, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 18.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000093 ] — ADOPTED %% ti►14 �� MR. CALLAHAN: Thank you, Commissioners. That takes us to Item 9C. This item requires ex parte disclosure be provided by commission members and that participants in the hearing be sworn in. ham*-" Item 9C is a recommendation to approve Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the property, by amending the appropriate zoning atlas map or maps, by changing the zoning classifications of the herein described real property from a Rural Agricultural Zoning District to a Residential Planned Unit Development Zoning District for the project to be known as Soluna RPUD, to allow construction of up to 108 dwelling units on property located southwest of the interconnection of Tree Farm Road and Massey Street in Section 35, Township 48 south, Range 26 east, consisting of 18.5 acres, and providing an effective date. A. CHAIRMAN TAYLOR: Commissioner McDaniel, ex parte. COMMISSIONER McDANIEL: Yes. I have -- thank you. I was doing something. CHAIRMAN TAYLOR: I'm sorry. We can start at the other end. Page 72 September 28, 2021 COMMISSIONER McDANIEL: No, I'm ready. I'm ready. I just wasn't thinking about you. I have had meetings and e-mails with regard to this. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Again, likewise, I've had meetings and e-mails and discussions concerning this projec CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: No, I've had no disclosures for this item. _ ■,� CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: And I just have numerous e-mails from residents. fflql�k" *� CHAIRMAN TAYLOR: And I have had a couple of e-mails but no discussions. , I So those wishing to testify, would you please stand and raise your right hand. \" - � �— (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Thank you very much. MR. YOVANOVICH: Can I -- good morning. For the record, Rich Yovanovich on behalf of the petitioner. We were originally on summary agenda; therefore, I didn't set any meetings with you -all. I didn't want to take up your time. I'm not really sure what the issues are, and I don't know if there's any registered public speakers. I did get one e-mail that I think may -- that's the only e-mail I've seen on this project. CHAIRMAN TAYLOR: The most recent. MR. YOVANOVICH: Yes. CHAIRMAN TAYLOR: Yeah, I think that highlights -- MR. YOVANOVICH: That highlights the issues. CHAIRMAN TAYLOR: As far as I understand. MR. YOVANOVICH: So what I'm going to do is just a real Page 73 September 28, 2021 brief overview. COMMISSIONER McDANIEL: Do you have a copy of the e-mail? MR. YOVANOVICH: I do. It's -- I have it. I just -- I think I can remember the comments. But I just want to have the whole team here if you have any questions regarding the specifics. We have our -- DR Horton is the applicant. RWA, Ken is our planner, and Joel is our engineer if you have questions regarding engineering. TR Transportation is here. We have our ecologist, and we have our landscape. What pretty much came up -- this is an 18-and-a-half-acre site. I'm going to go to -- make sure where it is. It's at the end of Tree Farm Road. You know, you've got Massey that basically connects from Vanderbilt Drive Road all the way up to Immokalee Road. And this is at the end of Tree Farm Road where the county just recently built a roundabout. This is an infill parcel, and the request is to go from basically the four units per acre to six units per acre. And under your residential infill provisions in your Comprehensive Plan, we are required to buy TDRs for the first of three eligible density bonus units. We're only asking for two density bonus units. So we have to buy 18-and-a-half TDRs to go from four to six dwelling units per acre. There were comments raised by residents in the Canopy, which is the Buttonwood PUD, which was approved at a little over 200 [sic] units per acre, and it was mainly residents along this border right here that came up with -- their concerns were what would be the impact to their rear yards, because the developer of the Canopy built a chain -link fence to about where the arrow is and stopped. So they had concerns about security, and they had concerns about the buffer, and they had concerns about overall project density. So the person whose e-mail I saw came and raised all of those issues at the Planning Commission. Originally, we were asking for Page 74 September 28, 2021 130 units for the entire project. That person asked that we reduce the density to six units per acre, which we did. We reduced it to six units per acre, which is the 108 units. They also asked us to do an enhanced buffer along the boundary, that western boundary. We agreed to -- I think the base tree is 12 feet in height. We agreed to 16 feet in height to have the bigger trees and to stagger those trees consistent with the trees that exist at the Canopy project to make sure we fill in the holes in the landscape buffer. _,■,111k ` a So we agreed to reduce the density based upon the number they asked us to do. They asked us to do an enhanced buffer based upon what they'd asked us to do. M*� ', X� *� Just so you're aware, this project right here -- and right here is the same project -- that's a seven -dwelling -units -per -acre project. We're asking for six under the infill..i,, And I'm just doing it at a high overview, because I think those were the concerns that were raised in the e-mail that were also raised at the Planning Commission and we thought adequately addressed, because we gave the commenter everything they asked us for, which was reduce the density to six units per acre and provide the enhanced buffer. We also agreed to continue the fence along the western boundary to connect to their fence. So we put the fence in the location they asked us to put the fence so there would be a security fence along their western -- their eastern/our western boundary. 1,111 So I think those were the concerns in the e-mail that were sent to you -all. We thought we had addressed that at the Planning Commission. I didn't see anybody stand up in the audience as a public speaker. I don't know if they're on Zoom to speak. But this is the master plan. Another issue that came up with, they preferred that we move our preserve over to the western Page 75 September 28, 2021 boundary. Ms. Cook is here, and I think Ms. Cook made it very clear that that's inconsistent with your Comprehensive Plan. We are required to put it there because it has to be the largest, most contiguous area of the best native lands. That's where that preserve needs to be. We're also doing enhanced water management, because our project receives water, so we have to accommodate that within our project. Those are other concerns that were raised during the Planning Commission. ,q., ` a Discussion about relocating the preserve because, frankly, we originally wanted the preserve on the western boundary because we knew that the people from Canopy would prefer that. That is inconsistent with your Comprehensive Plan. That's why the preserve is where the preserve is. And we've laid out the parcel where we've laid the parcel out -- or the way we've done that. This is a little bit closer -in shot to really show you that we're talking about five homes in the Canopy that are on our western boundary, and that's where we've agreed to do the enhanced landscape buffering to shield them from, basically, the homes that are going to be kind of where the arrow is, coincidentally, the townhomes that will be on that piece of property. We're already in for our plat, so there's no mystery as to what's going to occur on this site. _,1, I think what Mr. Curran -- I think he's the one who wrote the e-mail -- would like to see all the buildings go away where the yellow arrow is, and that, obviously, would be a big reduction and bring the project down by, I think, about -- how many units would we lose if we lost all those? We would lose another 18 unit. It would bring it to 90, and I think that's ultimately what his goal may be but is not consistent with the plan. We did get unanimous recommendation of approval from the Page 76 September 28, 2021 Planning Commission. Your staff s recommending approval. I think I've addressed what was in the e-mail. I think those were the public comments. And hopefully you -all will follow the Planning Commission's recommendation of approval, your staff s recommendation of approval, because this project, in fact, helps with the Rural Fringe Mixed -Use District goals and objectives, which is to provide a market for TDRs, and we're in the market of buying TDRs for this project to move forward. It's consistent with your infill provisions in your Growth Management Plan. _ W% V a And, with that -- I hope I've hit all the highlights. If you've got more questions, happy to answer them. And if there is public comment, I would like to be able to address any public comment. COMMISSIONER McDANIEL: I pretty much want to go with -- I'd hear public comment, and then I'd like to have address -- I'd like to address the e-mail that we all got -- several e-mails that we all got with our staff just to ensure that as much as we can do from a regulatory standpoint can be done. CHAIRMAN TAYLOR: Okay. I think let's go to public comment. — MR. MILLER: Madam Chair, I actually have two people online. I believe one's a consultant. I'm efforting that right now. But we do have one speaker, Katrina Curran. Ms. Curran, you're being prompted to unmute yourself. And there you go. You have three minutes. MS. CURRAN: Okay. I'm one of the e-mails that Mr. Yovanovich is talking about. He is correct, we had this discussion at the previous planning committee, and they agreed to put in higher trees and stuff, however, it was brought up at the commission about a Type C buffer, which we were, unfortunately, not made aware of that that was a remote -- even a possibility, so even though we are getting the Type C buffer with the higher tree, I Page 77 September 28, 2021 would like to revisit the issue as in a Type C buffer to allow a little bit more space in between the two properties. And in addition to that is, yes, they did give us a 6-foot chain -link fence; however, as you know, people are six feet tall; that could easily get scaled. There's a lot of young children around here, and we are concerned for their safety of them climbing over or people coming over onto our properties. And the screening regarding the A/C units, I know they're agreeable to that but -- and additional screening for the fence to prevent -- even though they are putting bushes there, we would like it to be thicker and higher up to prevent people from using -- it's a combination between the fence and the bushes to thicken up so people can't come over on both sides, for us to go over there or for them to come over here. I should say children to go over there, and to block lights and sounds. 41IN6, Hello? COMMISSIONER McDANIEL: We're waiting on you. MS. CURRAN: Oh, no. I'm good. I'm good. COMMISSIONER McDANIEL: Okay. Thank you, Ms. Curran. I'm sorry. CHAIRMAN TAYLOR: Go ahead. COMMISSIONER McDANIEL: I think we have two speakers. MR. YOVANOVICH: The other is actually one of my consultants. MR. MILLER: It is. I confirmed that. Thank you. COMMISSIONER McDANIEL: So my -- I have comments for staff, if I may. And, Jaime, prepare yourself. So if you would, Sean, put up the letter that I believe Ms. Curran's husband sent. I'm assuming. They have the same last name. I won't be presumptuous. There may be a sister or something. And this was an e-mail that came -- it didn't come in till OEM September 28, 2021 yesterday, and I had little to no time to react to this, necessarily, other than to talk with staff briefly about the concerns that were raised at the Planning Commission. So I would -- if you would, please, go through the process. Number -- you know, just to delineate, there's already been a reduction in density requested that was adhered to at the Planning Commission; yes? MR. BOSI: Correct, yes. COMMISSIONER McDANIEL: Stormwater retention, who's in charge of that? MR. BOSI: The stormwater retention, they have a tentative area where they show the stormwater on their master plan, but once it goes to platting, we will have a stormwater department in which Ms. Cook -- staff would review for compliance with the -- COMMISSIONER McDANIEL: And the thought process, and due -- and I'm -- you know, I'm reading what Mr. Curran has said here. But we already have requirements and regulations with regard to stormwater retention as to how it's maintained, what pesticides are allowed, insecticide -- I don't know. Do we regulate insecticides? No. But we have Mosquito Control. MR. BOSI: Yes. COMMISSIONER McDANIEL: So that's -- and I see staff lining up behind you there. So, necessarily, we have -- we already have regulations in place for the stormwater retention that is proposed here. This is a receiver site, if I'm not mistaken. It does take additional stormwater for both the road and the contiguous properties, if I'm not mistaken. So the buffer on the west side, and this is -- this is a discussion that I believe also came up during the Planning Commission, and it was enhanced from what was originally proposed to what's actually on the plan for today, correct? MR. BOSI: Correct. Page 79 September 28, 2021 COMMISSIONER McDANIEL: Okay. And taking it an additional five feet at this last minute is -- along with the concessions that the developer's already agreed to from enhancing the buffer from what was proposed to what's actually being brought forward to us today, is -- MR. BOSI: I mean, it's the discretion of the Board of County Commissioners. Staff and the Planning Commission felt that the improved enhancements were adequate to address the concerns expressed by the neighboring properties. COMMISSIONER McDANIEL: Okay. Now -- and this maybe is a question for Jaime. And it was brought up in the last petition that we just heard, and that has to do with our elevation requisites oftentimes require the elimination of natural vegetation that's already, in fact, there. Is there any opportunity for a look at the overall plan to maybe include that as a portion of their green space just to try to not -- I just, I hate '-- '* CHAIRMAN TAYLOR: The pine trees? COMMISSIONER McDANIEL: Yes. I hate seeing properties leveled because there's -- because there's an elevation issue when we may be able to make accommodations to protect and have even higher buffering in place. MR. BOSI: What I would say is the preservation requirements are being met by the current PUD. That would be an ask that's above what our code would require. They've already provided for additional enhancements to the buffer along the west side. But I would have to defer to the applicant what other further restrictions or preservations or allocations you would think appropriate to be able to address the mature pine trees. COMMISSIONER McDANIEL: Okay. I'll get to them when I'm done with you, then. MR. BOSI: Okay. OEM September 28, 2021 COMMISSIONER McDANIEL: And in regard to the 6-foot fence that's there, I don't think we have the -- we have a list of plantings that we're allowed to pick from to provide for sufficient buffering there. Is this particular plant that's being described here part of that list; do you know? MR. BOSI: I do not know that, particularly, but you are correct, the Type B buffer has a range of different shrubs and the covers that would be required to be allocated when they go through the platting process. COMMISSIONER McDANIEL: Okay. Well, we'll look at it when we -- when I get to -- when I think Jaime's going to come up and talk about it. And, again, the second part of that comes back around from the Type C buffer, or the proposed Type B buffer, the mature trees that are along the west side. If there's any accommodations that we can do to allow for those to stay, I would like to -- I would like to see that, without it becoming a health, safety, and welfare issue or a negative impact across the -- I don't -- again, it distresses me when we -- when we rip out natural vegetation and then replant and then have that impact coming on the folks that are next door that have to wait for those trees to grow up. MR. BOSI: Well, what I would say is, as we've reiterated a couple times, they are planting higher trees than what code would require, and they are going to coordinate the placement of those trees to correspond to wherever the blind spots or the holes are within the Canopy's adjoining buffer. COMMISSIONER McDANIEL: And then on the last point is, do we as a regulatory body have anything to say about the homeowners association and what they can and can't do with regard to the -- MR. BOSI: The planning staff would most certainly not support a residential subdivision requiring that all the garbage cans be September 28, 2021 placed in the front yard. That's what they're asking for. They're asking for -- that no garbage cans be placed in their side or rear yard; that they would be placed in the front yard. We would not support that position. COMMISSIONER McDANIEL: I don't think we can. Okay. Let's have Ms. Jaime, if you don't mind, come up; talk to me a little bit about the pine trees that are there. And is there any' flexibility for what we currently have in our regulations to I%% *� accommodate that? MS. COOK: Jaime Cook, your Director of Development Review. ,*j So you're talking about the western property boundary along Canopy? �*r'**4kN COMMISSIONER McDANIEL: Yes. MS. COOK: Because Canopy has existing Type B buffer, the applicant is actually only required to do a Type A buffer, which is a 10-foot-wide landscape buffer; only trees 30 feet on center. So by doing a Type B buffer, they have already enhanced their requirement, and then they have additionally committed to installing higher trees than would be required. And they did commit at the Planning Commission to a fence. And typically when planting any hedges or anything like that, they're only required to be five feet tall. So they've -- by increasing the height of the fence, they're also enhancing that buffer. COMMISSIONER McDANIEL: Well, the fence is six feet high. MS. COOK: Correct. So -- and as far as retaining the pine trees, we would support them retaining as many as possible, but it would depend on their construction. The more they retain, then the less they would have to plant in the buffer later. COMMISSIONER McDANIEL: Okay. So the combination September 28, 2021 of the Type B enhancement that they're agreeing to includes keeping as many of the natural pine trees that are, in fact, already there? MS. COOK: Yeah. COMMISSIONER McDANIEL: Okay. MS. COOK: Yes. COMMISSIONER McDANIEL: That's a simple answer to a complex question, but it needs to be simple for me. I have no other questions. CHAIRMAN TAYLOR: Okay. Any other questions for staff? MS. COOK: Thank you. � CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER McDANIEL: I do have a question for the applicant, if I can. Do you want me to hit the button? CHAIRMAN TAYLOR: Yep. , I COMMISSIONER McDANIEL: The one thing that was raised -- and, again, everybody has a concern about -- about safety. You're agreeing to extend the fence along the property line. I don't necessarily think it's such a good idea to offset it into your property any more than on the boundary itself. But you're going to extend from the fence that's already, in fact, there? MR. YOVANOVICH: (Witness nods head.) COMMISSIONER McDANIEL: What are the height of the plants that you're going to plant along the fence in order to provide for sight and sound barrier? MR. YOVANOVICH: We can agree to maintain -- because we have to -- you know, we put bushes in. We can agree to maintain those at six feet. So, hopefully, not too many kids are going to climb a fence and go through the hedge to try to get to someone's backyard, on our side and vice versa. So I think that should be a sufficient safety buffer between the two projects. So we'll -- and I'm sure the neighbor didn't know about how we can agree to maintain the hedge September 28, 2021 at a height to provide additional -- to address her concern. COMMISSIONER McDANIEL: I think, personally, I mean, looking at what you've agreed to do, the density reductions that were requested at the Planning Commission, especially, again, if you can accommodate in your processes trying to keep as many of the natural trees that are already there, and -- I think those are going to be -- it's going to be as best as we could possibly do short of not having anything, which is what a lot of folks want, but -- MR. YOVANOVICH: And I should have pointed out, but we also had an enhanced setback along the western boundary for a principal structure of 30 feet, which is larger than the other PUDs have in their PUD. So we were very sensitive to our neighbors to the west. **W*-, COMMISSIONER McDANIEL: Well, the actual buffer is required at 15 feet. That's what the buffer is. MR. YOVANOVICH: Right. And then we have a setback of another 15 feet from that. So we have an enhanced setback, if you will, along that buffer -- or property line, the western. COMMISSIONER McDANIEL: Okay. I have no further questions. CHAIRMAN TAYLOR: Okay. I don't see any other questions up here. No other speakers. So do I hear a motion? COMMISSIONER McDANIEL: Do you want me to do it? COMMISSIONER SOLIS: Yeah, I'll do it. I'll motion to approve the application for the Soluna PUD. COMMISSIONER LoCASTRO: Second. CHAIRMAN TAYLOR: Okay. Any other discussion? (No response.) Page 84 There's a motion on the floor. September 28, 2021 aye. CHAIRMAN TAYLOR: Seeing none, all those in favor, say COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) _ F% *AJ CHAIRMAN TAYLOR: It carries unanimously. MR. YOVANOVICH: All right. We thank you. CHAIRMAN TAYLOR: Item # 11 A Thank y"" N drh,l AN EIGHTH AMENDMENT TO CONTRACT NO. 04-3673 WITH CAROLLO ENGINEERS, INC., PERTAINING TO THE DESIGN OF THE NORTHEAST COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $4,819,950 — APPROVED 'W. \N" MR. CALLAHAN: Commissioners, that will take us to Item 11 A on your regular agenda, which is a recommendation to approve and authorize the Chair to sign an eighth amendment to Contract No. 04-3673 with Carollo Engineers pertaining to the design of the Northeast County Water Reclamation Facility in the amount of $418191950. Mr. Chmelik, your Public Utilities Engineering and Project Management Division Director, is available to present or answer questions at your discretion. CHAIRMAN TAYLOR: Yes. Are you going to make a motion? September 28, 2021 COMMISSIONER McDANIEL: I was going to. CHAIRMAN TAYLOR: Oh, I was going to ask a question, if I may. Okay. So, more money. Why? MR. CHMELIK: Commissioner, Tom Chmelik, for the record. The funding for this project is needed to develop a third regional water reclamation facility, a wastewater treatment facility, that will be able to serve growth in the area in the northeast and further towards the west to 951/Collier Boulevard. And what that enables us to do is create more capacity or offload capacity at our north facility, and there we have aging infrastructure that needs to be replaced. So we gain more capacity in the northeast. We have flexibility to shift flows from one facility to the other and repair and maintain what we have that's up to 30 years old. CHAIRMAN TAYLOR: And was this -- was this anticipated when we originally let the contract? MR. CHMELIK: Yes. This was anticipated all the way back to 2003 when the property was purchased. In 2004 the contract was created and was moving along to full design. At about 2007/2008, the economic downturn occurred, and with that the project was put on hold. I was waiting for the moment to reactivate, which we did in 2017 when growth resumed. CHAIRMAN TAYLOR: Thank you very much. All right. Any other questions? (No response.) CHAIRMAN TAYLOR: Hearing none, there's a motion. Oh, we don't have a motion. Do I have a motion? COMMISSIONER McDANIEL: I'll make a motion for approval. CHAIRMAN TAYLOR: I'll second it. There's a motion on the floor and a second. All those in favor, say aye. September 28, 2021 COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously Thank you. MR. CHMELIK: Thank you, Commissioners. Item # 11 B AWARD INVITATION TO BID ("ITB") #21-7899, "HAMILTON AVENUE IMPROVEMENTS," IN THE AMOUNT OF $312461304.75 TO HASKINS, INC., AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENTS — APPROVED MR. CALLAHAN: That takes us to Item 1113, which is a recommendation to award Invitation to Bid No. 21-7899 for Hamilton Avenue improvements in the amount of $3,246,304.65 to Haskins, Incorporated, authorize the Chair to sign the attached agreement, and approve necessary budget amendments. Mr. Ed Finn, your Division Director of Facilities Management, is available to answer questions or present. MR. FINN: Good morning, Madam Chair. Edward Finn, Facilities Management. I do have a brief presentation, but if the Board wants to just go to a motion to approve, that would be fine. This is for Hamilton Avenue. COMMISSIONER McDANIEL: Thanks, Ed. Motion to September 28, 2021 approval. COMMISSIONER SOLIS: Second. MR. FINN: Yes. CHAIRMAN TAYLOR: It's well needed. It's been a long time coming. MR. FINK: Very good. CHAIRMAN TAYLOR: Okay. There's a motion e or and a second to approve. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) MR. FINN: Thank you very much Y Y CHAIRMAN TAYLOR: Thank you. It carries unanimously. V Item #11C lcl�� AN UPDATE ON THE AMERICAN RESCUE PLAN (ARP) ACT CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND -APPROVED MR. CALLAHAN: Commissioners, that will take us to Item 11 C, which is a recommendation to accept an update on the American Rescue Plan Act, Corona State and Local Fiscal Recovery Fund. Ms. Kristi Sonntag, your Director of Community and Human Services, is available and will give a short presentation. COMMISSIONER McDANIEL: Maybe. September 28, 2021 MS. SONNTAG: There we go. CHAIRMAN TAYLOR: There we go. It's always a relief, right? MS. SONNTAG: Okay. Well -- all right. All right. Good morning, Commissioners. Oops, I'm not really good at this, am I? Kristi Sonntag, your Community and Human Services Director. The item before you today is to provide you an update on the American Rescue Act Performance Plan. PZ%kqw To circle back on the American Rescue Act, this was signed into law by President Biden on March 1 lth of 2021, which included $350 billion for state and local recovery efforts. Of the $350 billion, Collier County was awarded $74.7 million. , 10L, * � On May 11 th, the Board authorized a funding agreement between Collier County and the U.S. Treasury of which we've received 50 percent of our appropriation, and we will receive the balance in approximately June of 2022. '* On June 22nd of this year, the Board approved the preliminary performance and spending plan. In preparation for the submission of our final plan, community input was required. A survey was released in August, and 1,000 e-mails was distributed throughout the community. Two hundred four responses were received, and the community consensus was 98.5 percent favorable that the proposed plan aligned with what the needs of the community were. As a reminder of our eligible activities and what the funds can cover, these include: Public health; negative economic impacts serving hardest hit communities; replacing public sector revenue loss; premium pay for essential workers; investment in water, sewer, and broadband infrastructure. All of the programs are to focus on recovery efforts within our community, thus allowing the community to use these funds to expand existing or enhance programs and services we offer through the redirection of funding. o= September 28, 2021 The U.S. Treasury set forth in the interim final rule program parameters by which we have to report on an annual basis. All of the funds must be -- I'm sorry. The funds must be expended in qualified census tracts, of which Collier County has 11. And a census tract is that where a poverty rate is of 25 percent or more. Additionally, all programs and projects funded need to be evidence based or must have an evaluation component. On their effectiveness must include key performance indicators including outputs and outcomes. This is a comprehensive listing of all of the programs included in our plan, and I'll go through them by Treasury category. This particular 28.4 million is for public health activities which include the monoclonal lease space, BPE for area hospitals, payroll for EMS public safety personnel, mental health services, funding for Physicians Led Area Network, and the Immokalee Coalition project. Twenty-one point four million is to support negative economic impacts, which include our Community Foundation Food Program; household assistance including rent, utility, and mortgage; a household eviction program; a small business assistance program; aid to area not for profits; and funding for tourism, hospitality, and through the museums. The next is services to disproportionately impacted communities in the amount of $9.8 million. This includes assistance to provide tutoring, tech support, and enhancements to our library collection, as well as program to support healthy eating and food education through our museum and university extension. Our 1.9 million for water, sewer, and broadband infrastructure include the projects at Harbor at Holiday Lane, Naples Manor, and the Lake Trafford Drainage Improvement Project. And with that, I'd take any questions. CHAIRMAN TAYLOR: I don't think we have any questions. l September 28, 2021 MS. SONNTAG: All right. CHAIRMAN TAYLOR: Pretty straight forward. All right. MS. SONNTAG: All right. CHAIRMAN TAYLOR: So with no questions, no public comment. Yeah, a quick question. Two hundred six responses, 1,000 sent out, that's a pretty good average, as I understand, from that kind of polling, correct? MS. SONNTAG: Yes, it is. And the consultants reported that they were very satisfied with the response that we received from the community. CHAIRMAN TAYLOR: Thank you. All right. COMMISSIONER McDANIEL: You want a motion to accept? That's what they're asking for. CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Make a motion to accept the report. � _ "qp* COMMISSIONER SAUNDERS: Could I ask one quick question? I'm sorry for being a little slow on this. I had made a note and I just forgot to bring it up. The administrative expenses, 5.2 million, you may have gone through this in earlier times, but why is that number so high? What's involved in the administrative? MS. SONNTAG: The administrative cost includes the evaluation piece, which will be done through Florida Gulf Coast University through a sub -recipient agreement. That's $600,000, approximately. In addition, the five million is to support the staff that were appropriated as temporary staff, and it also includes the cost of the Community Assistance Center lease space. And this is through -- the funds are through 2026. COMMISSIONER SAUNDERS : Okay. MS. SONNTAG: So this will carry us through 2026, and at any time, Commissioner, the funds can be reappropriate and Page 91 September 28, 2021 redirected. COMMISSIONER SAUNDERS: All right. I'd like to just, as we go forward with this, just get some more information about those administrative expenses, and maybe there's a way to bring those down a little bit. That just seems awfully high, even though it's spread out over the next several years. MS. SONNTAG: Absolutely. CHAIRMAN TAYLOR: Okay. have a second. So I have a motion. I do not COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: I have a motion and a second on the floor. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Ay CHAIRMAN TAYLOR: Aye.,, 1, COMMISSIONER SAUNDERS: 'wAye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: +Those opposed, like sign. (No response.) — '+. CHAIRMAN TAYLOR: It carries unanimously. Thank you very much. MR. CALLAHAN: Item # 11 D Thanks, Commissioners. RENAMING THE BAYSHORE GATEWAY TRIANGLE SITE IMPROVEMENT GRANT PROGRAM TO SINGLE FAMILY IMPROVEMENT GRANT PROGRAM AND UPDATING ELIGIBLE ACTIVITIES AND PROCESS; AND PLACING THE REMAINING RESIDENTIAL GRANT PROGRAMS IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY Page 92 September 28, 2021 REDEVELOPMENT AREA ON HOLD UNTIL FURTHER NOTICE - MOTION TO CONTINUE TO A LATER DATE AS A REGULAR AGENDA ITEM AND KEEP APPLICANTS ON HOLD — APPROVED MR. CALLAHAN: That will take us to Item I I D, which is a recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve a resolution naming the Bayshore/Gateway Triangle Site Improvement Grant Program to the Single-family Grant Improvement Program, and updating eligible activities in process, and placing the remaining residential grant programs in the Bayshore/Gateway Triangle community redevelopment on hold until further notice. Ms. Forester, your CRA Director, is available to answer your questions. &&IV CHAIRMAN TAYLOR: I think we've got some specific questions. So let's start with Commissioner Solis; you pulled the issue. COMMISSIONER SOLIS: Right. I know when this came up -- and I think Commissioner LoCastro brought up the last one of these that we -- I think it was the last one of these that we approved in terms of a grant for improving private property. I have the same queasy feeling. And I understand the purpose of the CRA is to address blight. We had asked that staff kind of tighten this up somehow just to make sure that, you know, there's a difference, I think, between giving a grant to address blight and a grant, you know, to improve a property that's probably worth a lot of money, you know. So I really wanted to have a conversation with staff and talk about the changes so that the public's aware of what the change is, why we made the change, and is there any other room to tighten this Page 93 September 28, 2021 up? I mean, I've always had an issue with grants to -- it's taxpayer money used to improve private property, and I think we have to be very, very careful with that because there are legal issues, in my opinion, with doing that. MS. FORESTER: Okay. Good morning. For the record, Deborah Forester, CRA Director. So probably the biggest change that we made to this grant that addresses that, I think, is to look at the value of the home that would receive funds. So we use the SHIP purchase price level that is established by the Florida Housing Coalition to set that standard. So right now in Collier County, to qualify for SHIP funds, your house has to be at $400,000 or less. So we're using that as the benchmark. What we're also doing is that if you recently purchased your house, which is defined within the last 12 months, we're going to be looking at the purchase price, not the assessed value. That way for someone that is coming in spending $700,000 on a home, they would not qualify at least at that first year. If they hold onto the home, and the second year the assessed value for that property happens to come down below 400,000, they could qualify. We do have a five-year period where if you sell your home within that five years, you have to pay back the full grant amount. So we don't give you any grace period. So that's one of the main things we did. We did not look at setting this up as an income -based grant program. A couple of other CRAs throughout the state do use income, so you have to be at that low to moderate level. I didn't feel it was appropriate for CRA staff to be looking at folks' income levels, excuse me. But if that was something the Board decided, we could look at our housing group and partner with them to establish it as an income -based program. September 28, 2021 COMMISSIONER SOLIS: And I think -- I mean, we have staff that does that in terms of SHIP financing and things like that. I mean, I really think that is something we should probably start doing just because I -- you know, the lawyer worst -case scenario training kicks in, and my immediate thought is, well, I'm an investor, what a great place to invest in the Bayshore area. CHAIRMAN TAYLOR: Yeah. COMMISSIONER SOLIS: I buy a house, you know, that's -- that needs some work. I get the CRA to fund it, you know. And so I think -- I think we should look at that just to make sure that we're doing everything we can to ensure that the money that we're giving out as grants goes to improve the properties that really aren't going to be improved in another way. MS. FORESTER: I will say that the CRA Advisory Board had looked at these changes before I brought them to you -all. One of their comments was that if someone comes in to eliminate a blighted house, then they were fine with recommending approval of that investment provided that we got the funds back if, in fact, they did go and sell the house; that it was only an investment. COMMISSIONER SOLIS: Yeah, but I think the issue is then we're financing it for a purchaser for five years at no cost to them. So I really think that looking at income levels for applying to these grants is the right thing to do. I really do. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And thank you for pulling this. I'd sent a note to have it pulled as well. Just to expand, I concur. The benefit of a CRA is to provide for enhancements to the community and help reduce blight all the way across the board. I have inherent objections to spending other people's tax money to improve private property. I -- specifically with regard to -- my notes that I had for having it Page 95 September 28, 2021 pulled were just -- and I think probably to move this along, we ought to -- you know, we ought to continue this item for further discussion, have -- send it back to the drawing board a little bit, if you will. I think there might be some other accounting things that the CRA could give consideration to to benefit the residents that are paying into the CRA as opposed to the enhancement of private property. It's nice to reach out and grab a state -utilized number for a value of a home, but that's -- it just is counterintuitive to me that that type of value, sale price, purchase price would be given consideration to actual grant monies. So I had issues with it as well, and I think probably the short answer is for us to continue this item and have further discussions. It doesn't have to be approved today in order for us to go forward with -- other than what you're being -- proposing, and I'm not approving that, so... &&, MS. FORESTER: Well, right now, we have folks that are interested in applying, but they've been on hold to bring those applications forward to you until we made recommended changes. So we're just on hold, and we can just continue that conversation with the advisory board. COMMISSIONER McDANIEL: Well, I certainly -- if we have to go along this line, I certainly like the income -based approach better than a property -value approach. If we have to go along with this, I would rather it be on an income base. I'm done. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Okay. I agree. This is -- I'm not ready to proceed with this application today, and I want to thank Commissioner Solis for bringing this -- putting this on the regular agenda. And when it does come back, I'd like to see it on the regular agenda. This needs, I think, a lot of scrutiny. I want to raise a couple issues. I want to thank Ms. Kinzel, our September 28, 2021 Clerk. She's raised an interesting financial issue, and I think it's one that we just need to be aware of. A couple years ago there was an effort to extend the life of the CRA for an additional 10 years. I think it expires in 2030, and the effort was to make that go on for a lot longer, and that would have generated, I'm kind of making up numbers here, but probably a couple hundred million dollars for the CRA over --` COMMISSIONER McDANIEL: Two. COMMISSIONER SAUNDERS: -- that time period and -- which would be crazy for the Board to do that, and the Board decided not to extend the CRA. We do have financial obligations with the project at the triangle, and I'd like to just know what the financial condition of the CRA is in terms of preparing for that. I realize that this -- that's a long ways off in terms of eight or nine years, but we will get to that point. And I want to make sure that we're not impacting the General Fund with any of that type of commitment. So, again, I want to thank the Clerk for raising that issue. l�,*Al But I need to know more about the financial commitments of the CRA, what their long-term financial situation looks like before I would be prepared to vote for these types of grant programs. I also agree that it has to be income based. I can't imagine, you know, you have a hedge fund in New York that buys up some properties, then they've got investments of $150 billion, and they're investing in these types of projects around the country and turning them into Airbnbs, and they get a free driveway. I just -- it's got to be income related. So I think this needs a lot of work. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah, not to be redundant, but to really just go on the record. You know, you drive all the way around Collier County -- I realize that this is focused on this Page 97 September 28, 2021 particular area, and Bayshore's really come a long way. So maybe this project, you could say it's been successful because it has taken areas and improved them. But there's certainly areas all around Collier County that, you know, could be considered, you know, eligible for something like this. And, you know, when I hear the example of a 400,000 house, if you buy a $400,000 house and it needs a whole lot of work and you don't have the money to do it, then you probably can't afford 1 the -- then you can't afford the house, I mean, you know. And so I don't think it's on the back of the taxpayers to -- if somebody can afford the house, and then they get a free driveway, they get mulch, they get this or that, you know, on the taxpayer dollar. So I think we're all saying the same thing. I would definitely support keeping everything on hold until we're a lot smarter on this process, we have concurrence here, and we can really see the dollars and cents and see if -- you know, how much longer does this need to go • And then, you know, for my own edification, you know, being the newest person up here, how do other areas qualify for this? So that's a separate meeting. But somebody get on my calendar because, I mean, I drive around District 1, and I can tell you there's a lot worse areas in District 1 than Bayshore. And so, you know, it's -- the program has value, and I don't have the depth and the knowledge of, you know, how -- the genesis of all of this, but, certainly, at some point, you've got to cry uncle and go, you know, we've invested a lot of taxpayer money in this area. It definitely looks a lot better. Should we move on somewhere else? Should we end this program? Should we keep it on hold? So, you know, that's maybe a separate issue is, you know, come and talk with me. But I would agree that I would like this to come back with a lot more detail and staff recommendations as to, you know, what you would suggest OM September 28, 2021 as far as going forward and then hearing from us. CHAIRMAN TAYLOR: I have a question, and the question is, of the applicants that are -- that are now in line waiting, what area are they? Where do they live? MS. FORESTER: They -- CHAIRMAN TAYLOR: The Bayshore area? MS. FORESTER: The Bayshore area. CHAIRMAN TAYLOR: Nothing in the Gateway MS. FORESTER: I don't believe. We did fund one -- the last one was in the Gateway/Triangle, I believe, but I believe the two that are interested are both in sort of south Bayshore area. CHAIRMAN TAYLOR: The hottest area of development is that area, is Bayshore. Gateway, drive around the Gateway and see what's there. That's where we need to focus our attention. That's an area. And I'm not suggesting -- but there are people living there, elderly people. They may have lived in their houses their whole life. They can't afford an air conditioner, or they can't afford to repair the roof. Those are the target -- that's what this is about, not to help someone increase their investment in an area that should never be in the CRA right now, because it's just booming. But the CRA did what it was supposed to do. So I would agree with this. And I guess we have a motion, Commissioner McDaniel. COMMISSIONER McDANIEL: I'm getting ready to make a motion as soon as you finish. CHAIRMAN TAYLOR: Go ahead. I'm finished. COMMISSIONER McDANIEL: I'm going to make a motion that we continue this item per the discussion that came here today and bring it back at a later date when we've had an opportunity to review it. COMMISSIONER LoCASTRO: And continue to keep the applicants on hold -- - •• September 28, 2021 COMMISSIONER McDANIEL: Sure. COMMISSIONER LoCASTRO: -- who have something in the system. COMMISSIONER McDANIEL: I mean, and I don't -- I mean, you know, Commissioner Taylor this is an enhancement to an already existing program that is out there with the CRA. So we can address all those things when we bring it back through the continuance. CHAIRMAN TAYLOR: The CRA needs to move into the CRA district and, unfortunately, the focus is where this great success is right now. COMMISSIONER McDANIEL: Motion to continue. COMMISSIONER LoCASTRO: Could I just ask a quick question. Did we ever get reimbursed by anybody that we've given money to? MS. FORESTER: Yes, actually. We had a shoreline stabilization grant for $5,000, and we were reimbursed the whole $51000. COMMISSIONER LoCASTRO: Okay. But that's still a small amount compared to what we probably paid out, right? MS. FORESTER: Well, since this was re -funded starting in 2020, we've given grants totaling about $35,000. COMMISSIONER LoCASTRO: Okay. CHAIRMAN TAYLOR: second. w , There's a motion, but there's not a COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: We have a motion on the floor and a second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. Page 100 September 28, 2021 CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. O COMMISSIONER SOLIS: And, Madam Chair, for when this comes back -- and I don't know what the correct process would be to make some amendments to this for staff to bring back some revisions that would require some, you know, review of income eligibility and that kind of thing. MS. FORESTER: Would the Board like the concept that we would partner with the housing program and perhaps give funds to them that could go towards other SHIP -qualified recipients that happen to be within the district? �, %, CHAIRMAN TAYLOR: That makes sense. MS. FORESTER: That might be a good way to keep the income piece that you seem to be interested in plus also tie it to existing programs that the county offers. COMMISSIONER SOLIS: I think the key is showing the need -- CHAIRMAN TAYLOR: Yeah. COMMISSIONER SOLIS: -- to improve. So I don't know how that would come back, if that needs to go through the CRA first or what, but just a request to bring that back whenever this comes back. CHAIRMAN TAYLOR: I think it's an option to be considered. Commissioner Saunders. COMMISSIONER SAUNDERS: No, I was just going to say, I think there's a whole lot of long-range planning that needs to be done in terms of the future expenditures for this, and this is a very small Page 101 September 28, 2021 piece of it. But, again, going back to the commitments that we have in the triangle development, going forward after the CRA sunsets, I just want to make sure we're not creating a financial burden for the General Fund going forward. So it's a bigger picture than just this little piece. MS. FORESTER: And we'll bring that back. Just as a reminder, we did pay off all of our outstanding debt, so we have no debt commitment anymore with the CRA. �, k, CHAIRMAN TAYLOR: But there's commitments further with the triangle property, the TIF. � MS. FORESTER: Oh, the TIF. Yes, they do get a piece of the TIF, you are correct. V%k,� ".04, A "Ok, COMMISSIONER SAUNDERS: And the TIF goes away. MS. FORESTER: Yes. COMMISSIONER SAUNDERS: And that's what I'm concerned about. lkk. qu� MS. FORESTER: Yes. Okay. We'll bring that back. COMMISSIONER McDANIEL: And that was where I was talking about with regard to an overall accounting with regard -- and I liked your suggestion of looking at the financial circumstances of the CRA both now and long term. And I said it very clearly, but I'll say it again. I have an issue with expending taxpayer money on private property. If we have to do it, I would certainly like to see it be an income -based process as opposed to a property -value process. There are other obligations, as Commissioner Saunders has expressed. There is still 17 acres. There's still the Del piece of property -- Del's property that the CRA, in fact, owns. There's a lot of things that come into that soup for us to be able to make a -- for me to be able to make a decision on that. CHAIRMAN TAYLOR: All right. Thank you. So there's a motion on the floor, and we did that. Page 102 September 28, 2021 COMMISSIONER McDANIEL: We voted. CHAIRMAN TAYLOR: So we're done, right? We just continued the conversations. Any other questions? MS. FORESTER: Thank you. CHAIRMAN TAYLOR: Any comments? (No response.) CHAIRMAN TAYLOR: Thank you. MR. CALLAHAN: Madam Chair, you're up right against your lunch hour. We just have two items that I think can be taken pretty briefly if you're okay with that, or we could break for lunch. CHAIRMAN TAYLOR: Ms. Court Reporter? THE COURT REPORTER: I'm .�'v CHAIRMAN TAYLOR: Thank you. MR. CALLAHAN: Thanks, Commissioners. Item #12A \ \ \1 % ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY —APPROVED MR. CALLAHAN: That will take us to Item 12A, which is the Annual Performance Appraisal for the County Attorney. So I think at this point I'll turn it over to Mr. Klatzkow. MR. KLATZKOW: Always my favorite item of the year. Really, I mean, it's difficult to evaluate me without evaluating my office. I have an outstanding office. We've managed to run our office so that our budget is less than when I took over in 2008. We've done that being very vigorously efficient from an HR standpoint. My staff is very responsive to the County Manager's Office. Ninety-five percent of all requests are handled within two days. Page 103 September 28, 2021 As a result of that, we do get feedback with our clients and so that every attorney has a number of clients. We send out performance evaluations. They come back, and we have 95 percent exceeds expectations from that. So based on that, the County Manager's offices are happy with my staff. We've really kept the litigation down. We have not had a material litigation since 2013. The reason for that is I assign contracts to my deputy. Mr. Teach does an outstanding job working with county staff to make sure that the contracts are tight, and we have not had any contractual litigation in many years. Heidi Ashton and I work with the land folks; primarily me with the Planning Commission, Heidi with the staff over at Horseshoe to make sure that the land -use items are tight. We haven't had land -use litigation since I can't remember because of that. We're very proactive. We think that if we spend time now trying to figure out potential problems, we won't have to deal with potential problems later. And sometimes the proactive can get on people's nerves, and for that I apologize. But we really do try to make sure that problems are resolved in the bud. I'm very pleased with my folks. Right now we are finishing a tremendous project. On condemnation along VBR, we have two properties left out of 250. My staff has worked very diligently with Robert Bosch and his staff to get that done. We expect to have full property rights in that entire corridor within a couple weeks, and that was 250 parcels. What makes that exceptional is that we haven't done condemnation in this county since, I think, Immokalee Road, so that nobody in my office had experience with it. Those people had left years ago or moved on to other things. So it was a learning process. But it's difficult. It's going to be an expensive project. The money will come down later. The thought process now is just to get title to Page 104 September 28, 2021 the road so that staff can go in and start building the road, and we'll worry about the money later. As you know, property values have been soaring over the last year or two here. I mean, I purchased a home six months ago. I'm being offered $150,000 more than what I purchased it for. It's just insane. Argk � COMMISSIONER McDANIEL: Minus that 10-foot that you -- MR. KLATZKOW: Minus the 10-foot fence, yeah. But it's just absolutely insanity what's going on right now. We get appraisals from our folks. They have to get updated almost monthly because of the -- what's going on right now. ��� And, unfortunately, I've lived a life where I've seen the elevators go up this fast, and they will come down again quickly, but that's down the road. r% In any event, I'd like to thank my staff. We're not a big office, but I think we're as good as any office within the entire county. My people care about the county. And just -- I couldn't be more proud of them, and I couldn't be more proud to be your County Attorney. CHAIRMAN TAYLOR: I'd like to speak first, if you don't mind, everyone. 111Z% 14 And I just -- I have enjoyed my time working with you, County Attorney. I find that you are very prompt in your responses. You're always available for me to speak to. You don't pull any punches. You really are -- you have -- you run a very efficient organization, and it's a pleasure. And if I've learned anything in my years in office is that you keep your attorneys really close, because you can get into big trouble if you don't. And you don't play favorites. You talk to me as you see it, not as a commissioner, and I really appreciate the de-politicalization of your comments to me, and I mean that sincerely. It's refreshing. Thank you very much. Page 105 September 28, 2021 Commissioner Solis. COMMISSIONER SOLIS: I was just going to say that, one, I realize that I did not turn in my evaluation, and I wanted to make sure that our County Attorney understood that there was no meaning in that. It was a total oversight on my part. And just to say publicly that, you know, the last two years has been challenging. I mean, the issues that we have posed to our County Attorney in the last two years, you know, there's no law for. And I think you've given us some great advice. I have the utmost confidence in you and your team. I mean, the team that you've assembled, Scott Teach and others and Heidi and everyone, they really do a great job and are one of the best assets we have in the county. a%, ` a So I just wanted to say that publicly, that I didn't -- it was my oversight not to turn that in. So thanks for everything you do. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, mine wasn't oversight. It was -- I was preoccupied. Had nothing to do with anything other than what I was taking care of with my family. So -- but I also wanted to say thank you for what you do, do. We don't agree all the time. You and I have had some rather interesting conversations along the -- my coming on five years sitting up here. But your office -- as you adeptly said at the beginning, you're the one that gets to sit in the seat, but they're the ones that make the buttons get pushed. You've done an astounding job on -- in a very, very short time frame on the acquisition of the necessary lands for direly needed roads. A lot of the things that we sit up here and talk about have to do with the quality of life of our residents, especially revolving around traffic. And Vanderbilt Beach is going to be a huge alleviator for Immokalee Road, for Pine Ridge Road, ultimately for the entire community. Page 106 September 28, 2021 So my not filling out the review had nothing to do with other than my three-foot circle, not yours. And I applaud what your office does, in fact, do -- you and your office do for our community. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I have personal knowledge as to how difficult it can be to sit in that chair, having done that in the long distant past myself. And I realize and understand, and I know Jeff understands, how important it is to keep politics out of all these legal questions, and that can be very difficult. You have to -- the County Attorney has to keep, just as the Manager has to keep, at least three commissioners happy. So your job review comes up every two weeks. Every time we're in session, your job review comes up.� So I want to thank you for all that you do, and I want to thank you for keeping politics out of your decision -making. That's a hard thing to do, but it's the right thing, and you've done that very well. And I also want to compliment your staff. Anytime I've had any questions for any of the attorneys in your staff, I've gotten very quick and accurate responses, and I appreciate that. And thank you for that leadership. CHAIRMAN TAYLOR: Commissioner LoCastro. COMMISSIONER LoCASTRO: I want to go on record that I actually filled it out, turned it in, 10 pages of comments, as you know. No. Actually, we had a good discussion in the office, and I did fill out the evaluation and put in some comments that were, you know, positive, and then some suggestions, just being sort of the new person, and so I know that, you know, you appreciated those. They weren't derogatory in any way. They were more of ideas. But it's a thankless job, you know. I mean, how many times have you heard the joke, you know, what do you call a thousand Page 107 September 28, 2021 attorneys at the bottom of the ocean, right? You're tired of it. But I echo, too, the thing I really value most is the sense of urgency. You know, when citizens throw spears at us, I like to get them back a quick answer, and a lot of times it's stuff that's been in your court. And as we discussed yesterday, I just couldn't be more pleased, you know, with the speed at which you get me an answer. That helps me, then, you know, devise an answer to a constituent. And then also, too, to use one example, the Marco Island Executive, you know, airport terminal was one of the things on my radar that I was sensitive to and, you know, the way you resolved that quickly saved millions of dollars in taxpayer money, didn't drag it out over a long period of time, which normally happens in other counties. I've seen it happen, and we all have. And so that's just a small example of just an incredible job you and your staff do. So if I'm the only evaluation you've got, then you should just really look at that one and take it as your report card. But thank you, sir. y V MR. KLATZKOW: Thank you. COMMISSIONER SOLIS: And I will just -- I'll agree with Commissioner LoCastro; that was a fantastic result for the county. MR. KLATZKOW: And to be fair, I mean, years ago Commissioner Saunders, I believe, brought this law firm to us that we use outside counsel with, and the Clerk we work with, and a big part of that was we simply withheld payments to put their feet to the fire to resolve this. It was a team effort, really the Clerk's Office and outside counsel, and those outside counsel fees were paid, so it didn't cost the county anything. And Scott Teach did the daily laboring on this. So it was a team effort to get that result. COMMISSIONER SOLIS: Great result. COMMISSIONER LoCASTRO: Okay. Back to work. CHAIRMAN TAYLOR: So do I hear a motion to -- September 28, 2021 COMMISSIONER McDANIEL: There is no motion on this one. CHAIRMAN TAYLOR: I think there is. I think we just have to accept the review. COMMISSIONER SAUNDERS: I'll accept his -- COMMISSIONER SOLIS: Accept his -- CHAIRMAN TAYLOR: And I'll second. I'll second it. 1 those in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) _ &&I V W CHAIRMAN TAYLOR: It carries unanimously. Item # 14A 1 AWARD OF INVITATION TO BID ("ITB") NO. 21-7897, "EVERGLADES AIRPARK-RUNWAY 15-33 REHABILITATION -GRANT FUNDED," IN THE AMOUNT OF $1,748,853.75 TO QUALITY ENTERPRISES USA, INC., AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT — APPROVED MR. CALLAHAN: Commissioners, the final item on your regular agenda is Item 14A I. It's a recommendation to approve the award of Invitation to Bid No. 7897 for the Everglades Airpark Runway 15-33 rehabilitation grant in the amount of $1,748,853.75 to Quality Enterprises USA and authorize the Chair to sign the attached Page 109 September 28, 2021 agreement. Mr. Bennett, your executive airport manager, is available possibly to present or answer any questions that you may have -- COMMISSIONER SOLIS: We have the green screen of death. MR. CALLAHAN: -- given the technical difficulties. 11 MR. BENNETT: For the record, Andrew Bennett, your Executive Airports Manager. I'm happy to answer any questions or provide you with an exceptionally brief presentation. COMMISSIONER McDANIEL: Do you want to see it? I've already looked at it. N COMMISSIONER LoCASTRO: I've seen it. CHAIRMAN TAYLOR: So this rehabilitation, I'm sure it's the runway; is that correct? MR. BENNETT: Yes, ma'am, that is correct. CHAIRMAN TAYLOR: And given the fact that it's in the Everglades, are we raising the height of the runway at all? MR. BENNETT: The runway height will remain the same. The approach -ins will be elevated slightly to account for some of the tidal flooding. But given the environmental impacts of both of the approach -ins of the runway, we will not be able to raise it its full intended height as we had originally anticipated. CHAIRMAN TAYLOR: Okay. All right. And this money come from the FAA; is that correct? MR. BENNETT: Yes, ma'am. And the project is 100 percent funded for construction, CEI, and post design services. ., CHAIRMAN TAYLOR: And the FAA is like Hotel California; once you're in there, you can never get out, correct? MR. BENNETT: Well, ma'am, we are accepting AIP grant funding and, as a result of that, we have to abide by grant assurances. There are 39 of those assurances, and so we are obligated to abide by various different components that do force us to adhere to various Page 110 September 28, 2021 federal laws, policies, and different items of that nature. CHAIRMAN TAYLOR: And my understanding, at least from what's going to be discussed tomorrow at the Naples Community -- at the Naples City Council meeting, that when you accept grants from the FAA, if you decide as an airport that you do not want to accept the grants, for instance, if you want to change anything, they'll give you 20 years on your dime, correct? Meaning it's 20 years you don't accept grants from anyone. You support the airport, and then they'll consider moving it. _ W% IR&I a MR. BENNETT: Well, the grant 20-year cycle you're referring to is dependent upon each grant you accept. So, as an example, we accepted a grant for this project for design. We're on the hook for 20 years on that specific grant alone. Last board meeting you accepted a grant for the construction of the project; therefore, we're on the hook for an additional 20 years for the construction. So it's depending upon each grant you take; it starts that clock over again for 20 years. CHAIRMAN TAYLOR: So at this point with this particular -- at this particular time frame, it's 40 years? Am I understanding? MR. BENNETT: No, ma'am. It's not 40 years. CHAIRMAN TAYLOR: It overlaps? MR. BENNETT: It overlaps. CHAIRMAN TAYLOR: Okay. Good. Thank you. COMMISSIONER McDANIEL: The clock starts on every single grant that you accept. CHAIRMAN TAYLOR: Right. But it's an overlap. COMMISSIONER McDANIEL: That's a different discussion than the Naples Airport with the grants that they've accepted over the years and the potential relocation and all that -- CHAIRMAN TAYLOR: Uh-uh. It's the same. Page 111 September 28, 2021 COMMISSIONER McDANIEL: -- they're doing. So I'll make a motion for approval. COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: I'll second it. Motion on the floor and a second. All those in favor, say aye. COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL. Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) Q%hl ` a CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. BENNETT: Thank you, Madam Chair. Thank you, Commissioners. Item # 15 �\ STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. CALLAHAN: Madam Chair, that takes us to Item 15, Staff and Commission general communications. Nothing from staff at this time. CHAIRMAN TAYLOR: Okay. County Attorney? MR. KLATZKOW: Nothing from me, ma'am. CHAIRMAN TAYLOR: Mr. Miller? MR. MILLER: I've got a green -screen -of -death problem to fix, but other than that I'll be good. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: One thing. I would bring back an Page 112 September 28, 2021 update from the TDC meeting yesterday. I think it was yesterday. It seems like a long time ago. A continued great news on the TDC side but a huge shout -out I'd like to make to Jack Wert, who is retiring. Yesterday was his last TDC meeting. He's been the executive director for 18 years? Eighteen years. I can't say enough about what he was able to do and his staff in terms of all of the minute by -- moment -by -moment pivoting that they did during the pandemic to make sure that Collier County was putting its best foot forward in terms of marketing it as a destination. _ ` a So congratulations to Jack, and thanks for everything you did for the county over the last 18 years. CHAIRMAN TAYLOR: That's very nice. Thank you. COMMISSIONER SOLIS: That's COMMISSIONER LoCASTRO: I have nothing. CHAIRMAN TAYLOR: Commissioner Saunders. COMMISSIONER SAUNDERS: I have nothing as well. CHAIRMAN TAYLOR: Commissioner McDaniel. COMMISSIONER McDANIEL: Nor do I. CHAIRMAN TAYLOR: Oh, well, then good, because I have a few things. *. A We had discussed a Mosquito Control workshop or meeting. I remember, sir, that you talked about a follow-up. Commissioner McDaniel, I remember you talked about a workshop, and I don't know what the will of the Board is. Do we want a workshop, or do we want a meeting? Understanding we need to do it pretty soon. ., COMMISSIONER McDANIEL: Well, my only comment was was I didn't want to take comments from folks that came to us and spoke about items not on that day's agenda but coming up potentially -- you know, this goes back to the rule that we were talking about this morning. I just didn't want us to be making a knee-jerk reaction without both sides being present and having the Page 113 September 28, 2021 community, in fact, involved. CHAIRMAN TAYLOR: Okay. So you don't care what the format? COMMISSIONER McDANIEL: So how we get there doesn't really matter. I mean, the issue with the workshop is, as you know, we spent -- we spend time on something and then don't make any decisions. We can't vote at a workshop. If we have it as an actual agenda item, if there is someone who wishes to change their mind with regard to the support for the Mosquito Control District's expansion, we could actually do it. CHAIRMAN TAYLOR: That's true. That's true. So, Commissioner Saunders. Q �= *� COMMISSIONER SAUNDERS: I think it's a fairly narrow subject, so I don't think we need to set aside a workshop for that. If we -- if we do set aside a workshop at some point in time, I think things like the CRA that we talked about today, which is a much larger issue, would be something to talk about, but we should have more than just one item on a workshop. But I think this issue is small enough or concise enough that we really don't need a workshop to do that. CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: So I'd rather have it at a regular meeting and make decisions at that time. CHAIRMAN TAYLOR: All right. COMMISSIONER LoCASTRO: Concur. CHAIRMAN TAYLOR: So let it be a meeting, and I'll let you schedule it accordingly, but it should probably be in October. MR. CALLAHAN: Just to give you an update, we had -- our staff and the staff from the Mosquito Control District recently met. We talked about how to bring that forward, and I think we'll be prepared to when the time's right. Page 114 September 28, 2021 CHAIRMAN TAYLOR: Thank you very much. The Everglades airport got me thinking a little bit about the importance, I think, at this point to do a resiliency study for all our Collier County airports, all of them, and I'm not talking about next year looking at it. I'm talking about 30, 50 years from now. \ It takes a great deal of lifting ability to move an airport, if we even want to, but I think a resiliency study at this point would be a wise thing to do. So I'd like to see if we've got support for that, of all the airports. COMMISSIONER McDANIEL: I'm not in support of that. I don't think we -- I mean, I don't think we need to -- I don't think we need to do a resiliency study on our airports. We've got -- I think we can actually make some decisions along those lines as we go forward with the compact that we've entered into with our other communities, Dr. Savarese's model, and the information that we have coming. But I don't think we need to spend money to do a resiliency study at this stage. I think it's premature. & "w "16- * CHAIRMAN TAYLOR: 'And I would argue this is a stage to do it, because we can't move it. You can't move an airport. It's very, very difficult. Even if we want to -- and I'm not suggesting that we do it, I just think knowledge is a very important part of going forward of planning for the future, and the future is a significant amount of sea level rise. How much, we don't know. But they've already got tidal issues at the Everglades airport. And, you know, the Immokalee looks pretty darn steady but it just -- it wouldn't hurt. COMMISSIONER McDANIEL: I was just going to say, Immokalee airport's one of the highest -- and that's one of my -- I know that Marco and Everglades are coastal area airports, but Immokalee's not even -- doesn't even need to be on the radar from a resiliency standpoint. Again, I don't see the validity for and until we have more data Page 115 September 28, 2021 with regard to actually what's going to transpire. There's no argument that sea level rise is real. But for and until we know how much with more certainty, I'm not in favor of spending the money on a resiliency study for that. COMMISSIONER SOLIS: Is there any -- or let me back up. Maybe what we ought to do is first see if there's -- if there's some room in some of what we're already looking at in terms of resiliency that could encompass that so we're not starting some new study or something. I'm -- the compact -- _ W% ` a CHAIRMAN TAYLOR: So it's not the knowledge you're concerned about. It's more the expense of a study; is that correct? COMMISSIONER SOLIS: I think so. I mean, I don't know that we have enough -- yeah, I don't know what that would cost and whether it's -- you know, now's the time to start. I mean, we've got so many studies going on, it seems like, that I don't know that -- CHAIRMAN TAYLOR: ACUNE has -- ACUNE has that information in terms of -- �� � COMMISSIONER SOLIS: Right. CHAIRMAN TAYLOR: -- identifying vulnerable important public areas within our county. They have that information. COMMISSIONER SOLIS: So maybe the issue would be is we get -- we can get our airport director to review that information in terms of the Everglades airport and Marco, and give us -- come back to us with--,*, CHAIRMAN TAYLOR: Yeah. And I'm including the City of Naples Airport also. I'm including that. It's the airports. The airports are economic drivers within our community. I've got my economic hat on. And so it's a question of planning for the future, but that future is not next year. It's not in the next 10 years. It might be in the next 30 or 50 years, but if we don't start looking now at it, we are that much more behind. Page 116 September 28, 2021 Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Just -- I concur with Commissioner Solis, especially adding in the Naples Airport into a resiliency study that's guided by us is not someplace I want to go by any means. It's -- no. Just -- I mean, if there's something that we can do to -- again, I'm all about getting data, but I'm not all about going out and spending money on a resiliency study for and until we have more information as to what the ultimate impacts are, so... CHAIRMAN TAYLOR: Okay. That's fair enough. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I just think in summary, I'd rather just take it in smaller steps and hear from our own staff who work out at the airports every day and see what their thoughts are. I think of all the priorities in the county right now. So you can get benefit from resiliency studies for all kinds of things, you know, and I think the best way to spend our money, this wouldn't be in my top 10. It doesn't mean it doesn't have value, but I think if it's something we think's important, let's start with our own staff first, have them come back to us with some thoughts on some things. I agree with you, you know, one or two of the airports might not even be anything that need to be on the radar, and if the staff and we concur that we need to move forward in a much more aggressive way with some more detailed study, then so be it. But I just think the study would be sort of like Step 7 and, really, Step 1 is hearing from our own staff and what they think. So we're not ignoring the issue, but I think we're doing it in a much more cost-effective way and, you know, starting from Step 1. CHAIRMAN TAYLOR: Commissioner Solis. COMMISSIONER SOLIS: Just -- I thought -- I cannot imagine that they're -- triple negative. I cannot imagine that there Page 117 September 28, 2021 are not FAA funds or some federal grant monies to do these kinds of things, and maybe that's just the place to start. Let's see if there's something out there so we don't have to pay for it. CHAIRMAN TAYLOR: I like that idea a lot. COMMISSIONER McDANIEL: Step 1. CHAIRMAN TAYLOR: Commissioner Saunders. O COMMISSIONER SAUNDERS: Yeah, I agree that we should continue this discussion in another direction, perhaps. And then I don't want the City of Naples to think that we're looking at dealing at all with the City of Naples Airport. And, quite frankly, if the Marco Island airport or the Everglades City airport become flooded, I don't think any of us are going to be looking for places to move them anyway. So I agree that this would be something maybe for our staff to keep advising us on but not to do a resiliency study at this point. CHAIRMAN TAYLOR: Okay, good. The Tzu Chi Foundation were instrumental in bringing a significant amount of money to this community during Irma. They have their National Day of Proclamation on October the 12th. And what we'd like to do because our next meeting -- it will not be in time for our next meeting because our next meeting is the 14th, so we have not created that proclamation. MR. CALLAHAN: It's the 12th, ma'am. CHAIRMAN TAYLOR: Oh, it is the 12th. It's on the same day, okay. So the idea is if there's concurrence up here among my board members, that we develop and create the proclamation and send it to them before you approve it. And what I could do is send you a copy of it so that you would have an opportunity to look at it, because we are a little bit behind on proclamations. And we've done -- we've given them a proclamation ever since 2019. So this will be the second year -- no, third year. Page 118 September 28, 2021 COMMISSIONER McDANIEL: And it's specifically for them for what they did for our community? Because if I recall, it was close to $30 million. CHAIRMAN TAYLOR: No. It was -- in -- they came in three weeks after Irma and delivered half a million dollars to people in Immokalee -- N COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: -- and Everglades City. COMMISSIONER McDANIEL: Thirty million was incorrect, forgive me. It was a large sum of money. There were gift cards being handed out to people that were in dire need. CHAIRMAN TAYLOR: Yep. 4�- � � COMMISSIONER McDANIEL: And I'm assuming the proclamation is going to be in appreciation for their efforts in helping our community. &&I V CHAIRMAN TAYLOR: Yes, in the friendship -- and when the pandemic hit, they brought over a lot of masks to us, I don't remember how many thousands of masks, to Collier County, in friendship. So it's more -- it's important to recognize that cultural bond we have. COMMISSIONER SAUNDERS: That's fine. CHAIRMAN TAYLOR: All right. Would you like to see it in advance? x COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: Sure. CHAIRMAN TAYLOR: Okay, okay, so in advance. Okay. Then infill, I'd like -- I've spoken to Mr. Bosi about this, and I'd like to see if I have concurrence up here. I'd like staff, not tomorrow, to come back to talk about the uniqueness of infill in our community and how certain development standards may have to be changed in a more -- in a different way. For instance, we have a Page 119 September 28, 2021 hotel that's being built, and we have an issue with the neighbors because when that hotel has got three stories on it, the neighbors who knew that there was a commercial property right across the small canal that separates them from that were really shocked to understand that there were lights on top of this building and, oh, by the way, there's probably an outdoor speaker at the pool because it's a hotel and, oh, yes -- no, we can't move our garbage can because we're not going to -- we're not going to move our dumpster. rz%k' So there was one roadblock after another, and I just -- I would like to see if there's any support as we go forward -- and this would have -- this -- I'm not suggesting they bring it back to us next week or even maybe this year, but I think we need to look at the effect of infill throughout our community. As we grow, it's only going to become more of an issue. We've heard it, frankly, this morning with folks wanting different screening, taller trees, all of the above. So it's really throwing it over to staff, but to get concurrence up here that you would agree for staff to spend time on that. You would agree? _ r� COMMISSIONER SAUNDERS: I would agree. CHAIRMAN TAYLOR: You would agree? COMMISSIONER SAUNDERS: Yeah. COMMISSIONER LoCASTRO: Sure, concur. COMMISSIONER SOLIS: I think we -- CHAIRMAN TAYLOR: So we have concurrence. COMMISSIONER McDANIEL: No, we don't. I have a comment. CHAIRMAN TAYLOR: Oh, I'm sorry. COMMISSIONER McDANIEL: I'm not in disagreement with what it is that you're talking about. I don't know that we need to take up our time on something that's already happening. Our staff regularly reviews our GMP. Our staff regularly Page 120 September 28, 2021 reviews projects as they come along. Our staff regularly makes adjustments as we're -- as we're going forward. I don't -- I don't -- I don't know what you're necessarily promoting or suggesting that our staff do other than what we're already, in fact, doing. CHAIRMAN TAYLOR: I think -- I think looking at infill and the impact it has on bordering properties and to determine whether or not we need to increase, for instance, the buffers on properties, we need to make sure that air conditioners are on a certain side of the building if you're looking on a residential property that's, like with Bermuda, that's been there for 16 years. If you're building a hotel, you probably should think about locating that dumpster away from people who enjoy the peace and quiet of their lives in their pool in their own lanai so that it minimizes the impact of infill, because infill is the name of the game right now. COMMISSIONER McDANIEL: Well, it's always necessarily going to be, but I consider it redundant. We're already doing that. We do that on every single project, try to make accommodations for the neighbors. You heard it today on two of them that were coming along. I don't think we need to take the time -- and unless you're going to actually propose LDC amendments or GMP amendments that I've got something to review, then that's -- CHAIRMAN TAYLOR: Well, that's what I'm talking about, but staff has to do it. That's exactly -- COMMISSIONER McDANIEL: They do do that. They do do that already. COMMISSIONER LoCASTRO: Is there an example of something where the staff, you know, missed a particular thing and it created a -- CHAIRMAN TAYLOR: They didn't miss it. COMMISSIONER LoCASTRO: -- major problem, or -- CHAIRMAN TAYLOR: They didn't miss it. They did not Page 121 September 28, 2021 have the LDC amendment. They did not have the regulations to tell the developer to do this or that. For instance, we saw it today. We saw it today with the folks in the Canopy. Now, I mean, it's five homes, I get it. And, you know, to their credit, Mr. Horton or -- is it DL [sic] Horton agreed to increase buffering. COMMISSIONER McDANIEL: Sure. A CHAIRMAN TAYLOR: But I think, as we go forward, we need to -- I'm dealing specifically with one issue right now where the commercial property, if it wasn't for staff finding out that there were two parties involved in this -- and, oh, by the way, the developer of the property also has to do something and they need to bring up the hedging and whatnot. It's -- it's going to happen more and more. We need to understand that this is a residential county, this is where our bases of our taxes are, and the people who have invested here have a right to a quality of life that they have invested in Collier County to enjoy. � - COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: And if they have commercial properties or residential properties that they feel that will change that, it's up to us, I think, to ensure as minimum disruption as we can possibly do, and that's why I'd like to see if we can go into that process and look at it. COMMISSIONER SOLIS: Can I just -- because I think we're -- there's really two issues. One is infill from a zoning standpoint, and then there's -- what we're talking about -- what you're talking about, I think, is more development standards -- COMMISSIONER McDANIEL: Right. COMMISSIONER SOLIS: -- and where things are going to be and where they can be -- CHAIRMAN TAYLOR: Yes. COMMISSIONER SOLIS: -- when a developer that's Page 122 September 28, 2021 redeveloping a piece or, like today, just developing an undeveloped piece, comes in for their Site Development Plan process. I mean -- and there's a lot of code requirements on where things go. I mean, I think -- I agree with Commissioner McDaniel that maybe what we need to do -- I don't know if this is a D -- I mean, I'm looking at Jamie. I don't know if this is a DSAC issue we can ask them to look at, I mean, but I think we could spend a whole day kind of wandering around between zoning issues and development standards and -- COMMISSIONER McDANIEL: Not get anywhere. COMMISSIONER SOLIS: -- we need a little focus, I think. Maybe that's -- and I just threw Jamie under the bus. MR. FRENCH: Big shoulders, sir. COMMISSIONER SOLIS: Answer a vague question there. MR. FRENCH: Thank you. And maybe to offer a little clarification, I'm intimately involved with the example that Commissioner Taylor brings forward. And, again, for the record, Jamie French with the Community Development group -- or the deputy department head for Growth Management. What we're looking at is really design standards, and I think that's what you're speaking of, ma'am. CHAIRMAN TAYLOR: Yes. MR. FRENCH: And we are looking within our LDC cycles to see how we might be able to address some of the concerns that have been brought to our attention by the neighbors. This would not impact the underlying uses, and it would not be in conflict -- CHAIRMAN TAYLOR: That's right. MR. FRENCH: -- with what's already been adopted and been codified by law by this board and by the State of Florida. So working in coordination, and I'm -- and I echo what Mr. Klatzkow said earlier, we do work very well with his office. Page 123 September 28, 2021 They are -- they're really great partners to our organization and to the community. But we think that that might be best to be able to address some of those design standards on some of these infill for both new development as well as redevelopment within our LDC. CHAIRMAN TAYLOR: Yeah. And I'm very comfortable with that. And if I misspoke and caused confusion, forgive me, but that's where I'm going. It's what -- how do we -- how do we enhance our design standards, and -- but I do feel that there needs to be some consensus up here, because it's staff time that will be -- not that they're not doing it, but this is a little bit differently -- different right now. Q%hl ` a COMMISSIONER McDANIEL: Well, that was my suggestion when you brought it forward. I thought you were looking to bring it back as an additional agenda item. , Njl�, CHAIRMAN TAYLOR: No. COMMISSIONER McDANIEL: It's something that they're doing all day every day. You've got a site -specific issue that you -- CHAIRMAN TAYLOR: I've got several site -specific issues. COMMISSIONER McDANIEL: Well, we all do. But the reality is, is that's almost how -- how these things have to go. How many people have come in here and said, don't cut down those pine trees because they told me they were going to be there forever? I mean, that's happened multiple times here since I became a commissioner. So I think our staff s already doing it. I don't see the need for us to actually have an agenda item and do, as Commissioner Solis said, is go round and round and round about something. If you've got specific adjustments to the LDC or specific GMP amendments, then bring them forward, and we'll debate them or talk about them and come to a consensus and then go forth and persevere. Page 124 September 28, 2021 CHAIRMAN TAYLOR: Before I do this with staff, I wanted to be respectful of staff s time, because we are in a major growth -- it's like this (indicating). County Attorney referred to it. There's -- we've never seen anything like this. And their time is precious. So if there's not consensus to do this, then now's the time to say it. If there is consensus, then we'll turn it over to staff and let them come back to us as they see fit. MR. FRENCH: What would be helpful to us, if I might, sir -- and agreeing with you, of course. But what would be helpful is if this board directed staff to work on these type of LDC amendments; these would be board sponsored. They would be carried through the Development Services Advisory Committee on to the Planning Commission before they even made it to this floor. So we would bring that forward. And, yes, sir, we're constantly looking at those. You had spoken earlier about the Everglades airport. Well, we work directly -- development standards, whether they be land, we take into consideration those areas of critical state concern as well as whatever flood maps may have been adopted at the federal level and then down at the state level. So those design and development standards are constantly in our business at an administrative level every day, whether you're building a new home or whether you're building a commercial site. CHAIRMAN TAYLOR: So is there a consensus to? COMMISSIONER SOLIS: So I think -- I think we hit the middle ground between what you were saying and what Commissioner McDaniel was saying. I think this is a process that's ongoing. I mean, I think that would be -- MR. FRENCH: With Board direction, sir. COMMISSIONER SOLIS: -- a good idea. Yeah, with -- CHAIRMAN TAYLOR: With Board direction. Page 125 September 28, 2021 COMMISSIONER SOLIS: To direct them to -- yeah. CHAIRMAN TAYLOR: That's what I want. COMMISSIONER SOLIS: Keep some focus on that. COMMISSIONER McDANIEL: My thought, if you have a happy idea, shoot it over to them. Then we get to look at the specific LDC amendments and/or the GMP amendments. CHAIRMAN TAYLOR: Yeah, but the happy idea needs support. If there's not support up here, it's a waste of their time. It is. COMMISSIONER McDANIEL: And, Commissioner Taylor, again, this is -- the specifics are what I need to know, what it is that you're actually thinking, so -- V%hl ` a 11116, CHAIRMAN TAYLOR: Right. But the process, to start the process. 0% COMMISSIONER McDANIEL: Yesterday -- just to cite an example of -- "qp* COMMISSIONER SAUNDERS: We're starting the process. I think Commissioner Solis was okay with us having the dialogue. That's three. That's a consensus. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: And I'm not in disagreement with you. Yesterday I said, when we were talking about the lack of cross -access for the Blue Coral project, I said, we need to have some discussions with regard to GMP amendments to incentivize that cooperative effort amongst contiguous property owners. That's something specific. CHAIRMAN TAYLOR: Okay. All right. So I think you would have -- do you want a motion or are you -- (Simultaneous crosstalk.) MR. FRENCH: Ma'am, I'm going to rely on our County Manager, but what I've heard is dumpsters, lighting -- Page 126 September 28, 2021 CHAIRMAN TAYLOR: Buffer, placement -- placement, air conditioning. MR. FRENCH: Amplified sound, you bet. (Simultaneous crosstalk.) CHAIRMAN TAYLOR: That's a whole other world. Amplified sound, yes. MR. FRENCH: We know it well. CHAIRMAN TAYLOR: That's a whole other world, and that is something that, if they agree, I'll be working with you on that one. Okay, good. Two more. Disposal of our property; there was an Item 16E3 on our agenda, and I was asked to find out if we do give -- give 501(c)3 s the opportunity to benefit from property that we have no longer a use for. And just maybe we can just find out how that's done so that -- they feel like they've been kind of cut out, but I understand at one point it was only one 501(c)3 that was receiving it, so I know this is kind of very sensitive.,w '% MR. CALLAHAN: That's something we'd have to look at and be happy to bring it back if there's a recommendation -- CHAIRMAN TAYLOR: Thank you. MR. CALLAHAN: -- and folks are interested in looking at another way to dispose of property that involves nonprofits. CHAIRMAN TAYLOR: Thank you. Yeah, okay. Okay. And then, finally, I gave you all a -- and I'll give this to Terri --Imagine Solutions, which has been around since 2010. They have a conference coming up. They have contacted me. They're interested in seeing if we could get some kind of county support. With your concurrence, I'd like staff to perhaps work with them. We did support Naples Next two years ago or three years ago financially. This is something that might be -- this -- they're the -- they're here, and it is an opportunity, I think, to look at it, because I do think it's an economic driver. Page 127 September 28, 2021 Commissioner Saunders. COMMISSIONER SAUNDERS: I would support having staff take a look at it but if and only if this could be classified as some sort of a tourist -related expenditure. But in terms of General Fund, I wouldn't be supportive of that. CHAIRMAN TAYLOR: Okay. 4 , COMMISSIONER LoCASTRO: What's the investment? Do you know the total? CHAIRMAN TAYLOR: We didn't talk numbers.And, again, as economic chair, I want to turn it over to our Deputy County Manager to really explore this based on what -- and maybe bring it back -- what we've done, what we're willing to do, that kind of thing. Commissioner McDaniel. W*W,"-, COMMISSIONER McDANIEL: We supported this organization in the past? 9� CHAIRMAN TAYLOR: No. COMMISSIONER McDANIEL: And when I saw your e-mail come out yesterday, and then I'm looking at this information, I mean, we have a -- we have a process through procurement for a vendor. This is almost a vendor that's looking to do business with Collier County. It necessarily needs to go through the proper channels and not come before us for an approval before we approve it. CHAIRMAN TAYLOR: I'm not asking for it for approval. I'm asking that we authorize staff and give staff a consensus up here to spend their valuable time pursuing this. That's all I'm exploring. That's all I'm asking. COMMISSIONER McDANIEL: I don't want to pursue this until -- I don't want our staff to pursue this until it's gone through -- CHAIRMAN TAYLOR: Right. COMMISSIONER McDANIEL: -- normal proper channels -- CHAIRMAN TAYLOR: It has to come back to us. Page 128 September 28, 2021 COMMISSIONER McDANIEL: -- through procurement with specificity as to what it is that they're wanting to do. I appreciate what they're offering here. It all sounds really nice, but it's -- we have a process, and this is a vendor that's looking to do business with the county. %it, COMMISSIONER SOLIS: I would just agree with A Commissioner Saunders. I think it would have to fit into -- and I'm not sure how the Naples Next one fit into either one of these buckets. But either a tourist development issue or economic development issue. I mean, having staff evaluate whether this would fit, you know, into what we've done in the past, I don't see any harm with that -- CHAIRMAN TAYLOR: Good. COMMISSIONER SOLIS: -- but I don't know that we need to pursue it. �,` CHAIRMAN TAYLOR: "Pursue" was the wrong word. COMMISSIONER SOLIS: rI think we just need to evaluate it, just to evaluate whether CHAIRMAN TAYLOR: "-Evaluate it, bring it back, talk about what we can do or can't do. MR. CALLAHAN: Yeah. We can look at our existing TD grant processes and some other things and see if this fits any of those buckets. Happy to do that. CHAIRMAN TAYLOR: All right. Thank you. Commissioner LoCastro? COMMISSIONER LoCASTRO: No. And even outside buckets. I mean, I'm just thinking out loud here, but maybe the Chamber would want to do something or there's other agencies. It's not just, you know, inside the walls of Collier County spending money -- CHAIRMAN TAYLOR: All right. Page 129 September 28, 2021 COMMISSIONER LoCASTRO: say. CHAIRMAN TAYLOR: comments? (No response.) CHAIRMAN TAYLOR: -- or investing in it, I should Well, that's it, correct? So any other We're adjourned. ****Commissioner Solis moved, seconded by Commissioner LoCastro and carried that the following item under the Consent and Summary Agendas be approved and/or adopted**** Item # 16A 1 RELEASE OF A CODE ENFORCEMENT LIEN, WITH AN ACCRUED VALUE OF $42,059.28 FOR PAYMENT OF $500 IN THE CODE ENFORCEMENT ACTION TITLED, BOARD OF COUNTY COMMISSIONERS V. TAM THANH NGUYEN AND TAMMY NGUYEN, RELATING TO PROPERTY LOCATED AT 5175 GREEN BLVD, COLLIER COUNTY, FLORIDA — THE VIOLATION WAS BROUGHT INTO COMPLIANCE ON MAY 18, 2021 Item # 16A2 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR RANCH AT ORANGE BLOSSOM PHASE 3B, PL20200000486 AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $400 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — Page 130 September 28, 2021 THE FINAL INSPECTION ON AUGUST 10, 2021 FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item # 16A3 FINAL ACCEPTANCE OF THE POTABLE WATER ANI SEWER UTILITY FACILITIES AND ACCEPT THE � CONVEYANCE OF A PORTION OF THE POTABLE WATER UTILITY FACILITIES FOR FOUNDERS SQUARE STORAGE, PL20210001390 - THE FINAL INSPECTION ON JULY 952021 FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE Item # 16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER UTILITY FACILITIES FOR FOUNDERS SQUARE MEDICAL OFFICE BUILDING, PL20210001144 - THE FINAL INSPECTION ON AUGUST 10, 2021 FOUND THE FACILITIES TO BE_ SATISFACTORY AND ACCEPTABLE Item # 16A5 -K14 y t CONVEYANCE OF A SIDEWALK EASEMENT (PARCELS 108SWE1, 108SWE2, 108SWE3) TO FACILITATE COLLIER COUNTY' S MAINTENANCE OF THE PUBLIC SIDEWALK ALONG THE SOUTH SIDE OF MAINSAIL DRIVE ifi-lKlisel Page 131 September 28, 2021 CONVEYANCE OF A SIDEWALK EASEMENT (PARCELS 105 SWE 1, 105 SWE2) TO FACILITATE COLLIER COUNTY' S MAINTENANCE OF THE PUBLIC SIDEWALK ALONG THE SOUTH SIDE OF MAINSAIL DRIVE Item # 16A7 AN ADOPT -A -ROAD PROGRAM AGREEMENT FOR THE ROADWAY SEGMENT OF GOLDEN GATE PARKWAY FROM SANTA BARBARA BLVD TO CR 951, WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT -A -ROAD LOGO SIGNS FOR A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, SELLSTARS AFFINITY REALTY Item #16A8 X\k\ ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE ROADWAY SEGMENT OF GOODLETTE FRANK ROAD FROM GOLDEN GATE PARKWAY TO CREECH ROAD, WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT -A -ROAD LOGO SIGNS FOR A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, NAPLES HIGH SCHOOL Item # 16A9 RECORDING THE FINAL PLAT OF VALENCIA TRAILS NAPLES — PLAT THREE (APPLICATION NUMBER PL20210000755) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND Page 132 September 28, 2021 APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item # 16A 10 RESOLUTION 2021-192: AMENDING EXHIBIT "A" TO RESOLUTION NO. 2013-238, AS AMENDED, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO REFLECT SPEED LIMIT CHANGES AT THREE SEPARATE LOCATIONS Item # 16A 11 &i RESOLUTION 2021-193: AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT DEVELOPMENT SERVICES FEE SCHEDULE, WITH AN EFFECTIVE DATE OF OCTOBER 1, 2021, TO COMPLY WITH RECENT FLORIDA_ STATE LEGISLATIVE CHANGES Item #16Al2 ic #4 % SELECTION COMMITTEE' S RANKING FOR REQUEST FOR PROFESSIONAL SERVICES ("RPS") #21-7877, "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR TIGER GRANT," AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH THE TOP RANKED FIRM, KISINGER CAMPO & ASSOCIATES CORP., SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD'S CONSIDERATION AT A SUBSEQUENT MEETING Page 133 September 28, 2021 Item # 16A 13 TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION REQUESTS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY2021-2022 IN THE AMOUNT OF $8,362,600; BUDGET THESE EXPENDITURES; AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE CITY OF NAPLES; AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16A14 ELECTRONIC SUBMITTAL OF THE 2020/2021 FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD (SECTION 5307) IN THE AMOUNT OF $500,000 IN THE TRANSIT AWARD MANAGEMENT SYSTEM FOR THE PURCHASE OF A 40 FT. FIXED -ROUTE BUS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16A154;;4 % BUDGET AMENDMENTS REDUCING BUDGETED GRANT REVENUES IN THE AMOUNT OF $499,402.50 AND REALLOCATING FUNDS TO FUND CURRENT CONTRACTS DUE TO THE TERMINATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM SUB -RECIPIENT AGREEMENTS #H0309 (SOLANA RD), #140379 (GORDON RIVER AMIL GATE), #H0393 (GOODLETTE RD), #H0452 (FREEDOM PARK PUMP STATION), #H0459 (UPPER GORDON RIVER IMPROVEMENTS) AND #H0501 (BIG CYPRESS GOLF AND Page 134 September 28, 2021 COUNTRY CLUB) WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT Item # 16A 16 RESOLUTION 2021-194: LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF� TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $7031613 FOR CONSTRUCTION OF CORKSCREW ROAD CURVE AT WILDCAT DR., AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS ROTFCT #60?111 FPN #446'171-1-5R-01 Item # 16A 17 _ter CHANGE ORDER NO. 2 TO CONTRACT NUMBER 21-7834 WITH THOMAS MARINE CONSTRUCTION INC., "FREEDOM PARK BYPASS DITCH IMPROVEMENTS," TO EXTEND THE LENGTH OF THE CONSTRUCTION CONTRACT BY 60 DAYS (PROJECT NUMBER 60102) Item # 16B 1 — Moved to Item # 11 D (Per Agenda Change Sheet) Item # 16CN - * " 4 CONVEYANCE OF A UTILITY FACILITY WARRANTY DEED AND BILL OF SALE FOR POTABLE WATER INFRASTRUCTURE ON COUNTY OWNED PROPERTY LOCATED AT THE COLLIER COUNTY SPORTS COMPLEX AND EVENTS CENTER, 3920 CITY GATE BLVD N, TO THE Page 135 September 28, 2021 COLLIER COUNTY WATER -SEWER DISTRICT, AT NO COST TO THE COUNTY Item # 16C2 TERMINATING A PORTION OF AN EXISTING COLLIER COUNTY UTILITY EASEMENT TO JDA COURTHOUSE SHADOWS, LLC, A SOUTH CAROLINA LIMITED LIABILITY COMPANY, ASSOCIATED WITH THE DEVELOPMENT AT COURTHOUSE SHADOWS v wr Item # 16C3 &i RESOLUTION 2021-195: THE FY22 FEE SCHEDULES ESTABLISHED IN THE 2021 SOLID WASTE RATE STUDY AND FINANCIAL FORECAST REPORT APPROVED ON JULY 1312021 AND ESCALATION OF CONTRACTED FRANCHISEE FEES _r.» Item # 16C4 QQ; A PURCHASE ORDER UNDER AGREEMENT NO. 19-7527 TO TECHNICAL MANAGEMENT ASSOCIATES, INC., FOR THE "TAMIAMI WELLS 9-16 MCC REPLACEMENT," IN THE AMOUNT OF $453,000 AND THE NECESSARY BUDGET AMENDMENT (PROJECT NUMBER 70085) — NECESSARY FOR THE SUPPLY OF RAW WATER TO THE COUNTY' S TWO REGIONAL WATER TREATMENT PLANTS Item # 16D 1 Page 136 September 28, 2021 RESOLUTION 2021-196: THE REMOVAL OF UNCOLLECTIBLE RECEIVABLES OF $5,556.98 FROM THE FINANCIAL RECORDS OF THE PARKS AND RECREATION DIVISION UNDER RESOLUTION NO. 2006-252 AND AUTHORIZE THE CHAIR TO EXECUTE THE RESOLUTION Item #16D2 A BUDGET AMENDMENT RECOGNIZING PARK AND RECREATION INSURANCE CLAIM #50-03262111294 PROCEEDS, IN THE AMOUNT OF $81503.22 - FROM AN ACCIDENT ON MARCH 26, 2021, WHEN A BOAT TRAILER STRUCK THE NEW BOAT LAUNCH FEE METER AT CAXAMBAS PARK Item #16D3 `, \`'Ili) RESOLUTION 2021-197: AUTHORIZING NON -AD VALOREM SPECIAL ASSESSMENT ON HOSPITAL -OWNED PROPERTIES OR PROPERTIES USED AS A HOSPITAL AS AUTHORIZED BY THE LOCAL PROVIDER PARTICIPATION FUND FOR THE DIRECTED PAYMENT PROGRAM ESTABLISHED BY ORDINANCE NO 2021-23 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT; AND TO AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN THE LETTER OF AGREEMENT IN AN AMOUNT NOT TO EXCEED THE TOTAL OF $6,687,755 WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION TO PARTICIPATE IN THE LOCAL PROVIDER PARTICIPATION FUND THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF_ COLLIER COUNTY Page 137 September 28, 2021 Item # 16D4 AN "AFTER -THE -FACT" AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS TO REVISE ATTACHMENT VIII BUDGET AND RATE SUMMARY Item #16D5 EIGHTEEN (18) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $232,450 AND THE ASSOCIATED BUDGET AMENDMENTS Item # 16D6"A� . AGREEMENT IN THE AMOUNT OF $443,611 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 $572,728 IN FEDERAL MATCHING FUNDS THAT WILL PROVIDE ADDITIONAL HEALTH SERVICES FOR THE CITIZENS OF COLLIER COUNTY Item #16D7 Page 138 September 28, 2021 ACCEPT AND APPROPRIATE A ONE-TIME DONATION OF $10000 FROM THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC., TO THE COLLIER COUNTY PUBLIC LIBRARY FOR THE PURCHASE OF EBOOKS AND EAUDIO TO ENHANCE THE LIBRARY'S ELECTRONIC MATERIALS COLLECTION, AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT ���� Item #16D8 SUBMITTAL OF THE FY21-22 STATE AID TO LIBRARIES GRANT AND AUTHORIZE THE CHAIRPERSON TO SIGN THE GRANT AGREEMENT #22-ST-08 AND ALL CERTIFICATIONS REQUIRED FOR THE SUBMISSION OF THE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FOR FUNDING IN THE ESTIMATED AMOUNT OF $163,954 Item #16D9 ICIN I YEAR 1 OF A 3-YEAR CENTERS FOR DISEASE CONTROL GRANT AWARD TO SUPPORT THE PREVENTION COMMUNITY HEALTH WORKERS FOR COVID-19 RESPONSE FOR RESILIENT COMMUNITIES PROGRAM IN THE AMOUNT OF $421,744 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT '*' 'A Item # 16D 10 THE "AFTER -THE -FACT" ELECTRONIC SUBMITTAL OF TWO Page 139 September 28, 2021 (2) STATE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION (CDBG-MIT) INFRASTRUCTURE APPLICATIONS TO THE STATE DEPARTMENT OF ECONOMIC OPPORTUNITY IN THE AMOUNT OF $29362,941 Item # 16D 11 A BUDGET AMENDMENT RECOGNIZING $25,000.01 IN PROGRAM INCOME UNDER THE U.S. HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item # 16E 1 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL — FOR THE FOLLOWING CONTRACTS: #19-7540 QUALITY ENTERPRISES USA, INC. AND #18-7432- CE O. GRADY MINOR & ASSOCIATES Item # 16E2 RESOLUTION 2021-198: ADOPTING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER'S AGENCY AND COUNTY ATTORNEY' S OFFICE EFFECTIVE OCTOBER 1, 2021; TO PROVIDE A GENERAL WAGE ADJUSTMENT TO ELIGIBLE EMPLOYEES; AND TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS, Page 140 September 28, 2021 FROM JULY 11 2021 FORWARD, USING THE EXISTING POINT -FACTOR JOB EVALUATION SYSTEM Item # 16E3 ADMINISTRATIVE REPORT PREPARED BY THE ^ PROCUREMENT SERVICES DIVISION FOR DISPOS01� PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT —THERE WERE NO ON-LINE SALES OR TRADE-INS THIS PERIOD BUT, THERE WERE 43 DISPOSED ASSETS WITH THE NET BOOK VALUE OF $7,20834 Item # 16E4 THE PURCHASE OF LIABILITY, AUTOMOBILE, AND OTHER INSURANCE COVERAGE FOR FY 2022 IN THE ESTIMATED PREMIUM OF $897,494 /CNN w Item # 16E5 RESOLUTION 2021-199: A FLORIDA EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION, REQUEST FOR GRANT FUND DISTRIBUTION FORM REQUESTING GRANT FUNDS BE REMITTED TO THE COLLIER COUNTY BOARD OF COMMISSIONERS AND RESOLUTION FOR THE FUNDING OF TRAINING AND MEDICAL/RESCUE EQUIPMENT IN THE AMOUNT OF $66,374.00, CONFIRMING THAT THE GRANT FUNDS WILL NOT SUPPLANT THE EMS BUDGET Item # 16F 1 Page 141 September 28, 2021 RECOGNIZING JARED DEL RE, PUBLIC SERVICES DEPARTMENT, LIBRARY DIVISION AS THE AUGUST 2021 EMPLOYEE OF THE MONTH Item # 16F2 RESOLUTION 2021-200: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY20-21 ADOPTED BUDGET Item # 16F3 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 #16F4 A FEDERALLY FUNDED SUBGRANT AGREEMENT TO ACCEPT THE EMERGENCY MANAGEMENT PERFORMANCE GRANT-AMERICAN RESCUE PLAN ACT (EMPG-ARPA) G0245 IN THE AMOUNT OF $13X6 FOR EMERGENCY MANAGEMENT PLANNING, RESPONSE, AND MITIGATION EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT NO. 33770) Item # 16F5 Page 142 September 28, 2021 RESOLUTION 2021-201: SUPPORTING THE BUREAU OF EMERGENCY SERVICES, EMERGENCY MANAGEMENT DIVISION WORKING WITH ITS PARTNER AGENCIES AND COUNTY DIVISIONS TO PARTICIPATE IN NUCLEAR POWER PLANT DRILLS AND EXERCISES IN CONJUNCTION WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY jvt- (FEMA), THE NUCLEAR REGULATORY COMMISSION, FLORIDA DIVISION OF EMERGENCY MANAGEMENT DEM) AND FLORIDA POWER AND LIGHT Item # 16F6 THE COUNTY MANAGER TO ENTER INTO A SHORT-TERM LEASE FOR COMMERCIAL AND/OR INDUSTRIAL SPACE FOR THE PURPOSES OF OFFERING MONOCLONAL ANTIBODY THERAPY DELIVERED BY THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT IN COOPERATION WITH THE FLORIDA DEPARTMENT OF HEALTH COLLIER COUNTY AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS — THE 90-DAY LEASE AGREEMENT WILL INCLUDE THREE 90-DAY RENEWALS FOR AN APPROPRIATE LOCATION b Item #16F7 — Continued to the October 12, 2021 BCC Meeting "� ) "'4 (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN THE EXTENSION AND AMENDMENT OF THE AGREEMENT WITH THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC. ("PARTNERSHIP") IN Page 143 September 28, 2021 CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC - PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY' S ECONOMIC DEVELOPMENT EFFORTS Item # 16G 1 COLLIER COUNTY AIRPORT AUTHORITY STANDARD \�* FORM LEASE AGREEMENT WITH GLOBAL FLIGHT* TRAINING SOLUTIONS, LLC FOR AERONAUTICAL USE OFFICE SPACE AT THE MARCO ISLAND EXECUTIVE AIRPORT Item # 16G2 11 FEDERAL AVIATION ADMINISTRATION (FAA) AMERICAN RESCUE PLAN ACT GRANT APPLICATIONS TO REQUEST ELIGIBLE FUNDS IN THE AMOUNT OF $591000 FOR THE MARCO ISLAND EXECUTIVE AIRPORT (MKY) AND $32,000 FOR THE IMMOKALEE REGIONAL AIRPORT (IMM) AND DESIGNATE THE COUNTY MANGER AS THE AUTHORIZED REPRESENTATIVE TO SUBMIT THE APPLICATION AND ACCEPT THE AWARD ELECTRONICALLY Item # 16G3 —\ -K� y t CHANGE ORDER # 1 TO AGREEMENT NO. 20-7726 WITH ATKINS NORTH AMERICA, INC., "CEI SERVICES FOR IMMOKALEE REGIONAL AIRPORT RUNWAY 18-36 AND TAXIWAY C EXTENSION PROJECTS," TO EXTEND THE SCHEDULE FOR CEI SERVICES FOR THE RUNWAY 18/36 REHABILITATION PROJECT BY 85 DAYS Page 144 September 28, 2021 Item # 16H 1 ELEVENTH 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, 2022 �A �►` ' Item # 1611 MISCELLANEOUS CORRESPONDENCE Page 145 September 28, 2021 Item # 16J 1 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 SEPTEMBER 2, 2021 AND SEPTEMBER 15, 2021 PURSUANT TO FLORIDA STATUTE 136.06 Item # 16J2 w`C\ REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 22, 2021 Item # 16J3 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED JUNE 30, 2021 ( ^�' Item # 16J4 -yV N TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY2022 Item # 16J5 Page 146 September 28, 2021 AMENDMENT NO. 1 TO CONTRACT NO. 14-001 WITH FIRST FLORIDA INTEGRITY BANK TO EXTEND THE CONTRACT TERM FOR DEPOSITORY BANKING SERVICES AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT Item # 16J6 \Q EXTENDING THE 2021 TAX ROLL AT THE REQUEST OF TAX COLLECTOR ROB STONEBURNER Aft"r Item # 16J7 �Q AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR ELECTION SERVICES FOR THE FEBRUARY 1, 2022, CITY OF NAPLES GENERAL ELECTION, Item # 16K 1 PROPOSED FY 2021 - 2022 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item # 16K2 RESOLUTION 2021-202: APPOINTING KENNETH LEE DIXON TO THE PARKS AND RECREATION ADVISORY BOARD — FILLING A VACANT SEAT WHICH EXPIRES ON DECEMBER 31. 2022 Item # 16K3 Page 147 September 28, 2021 RESOLUTION 2021-203 : APPOINTING KARYN ALLMAN TO CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE — FILLING A VACANT SEAT W/TERM EXPIRING ON FEBRUARY 11, 2024 Item # 16K4 RESOLUTION 2021-204: RE -APPOINTING REGINALD BUXTON REPRESENTING THE CHAMBER OF COMMERCE AND COMMODORE WALTER JASKIEWICZ REPRESENTING THE COAST GUARD AUXILIARY TO THE COLLIER COUNTY CITIZEN CORPS - BOTH W/TERMS EXPIRING ON NOVEMBER 5, 2025 v"w&\x Item # 16K5 'Ohl,� RESOLUTION 2021-205: RE -APPOINTING TONY BRANCO, LINDA RAE JORGENSEN AND KATHLEEN SLEBODNIK TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE — ALL W/TERMS EXPIRING ON OCTOBER 1,_ 2025 Item # 16K6 4 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $245,000 PLUS $42,938 IN STATUTORY ATTORNEY AND EXPERTS' FEES AND COSTS FOR THE TAKING OF PARCEL 230FEE, REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 16K7 o m September 28, 2021 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $15,000 PLUS $11,271 IN STATUTORY ATTORNEY AND EXPERTS' FEES AND COSTS FOR THE TAKING OF PARCEL 1259RDUE, REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 ,� Item # 16K8 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $70,000 PLUS $20,374.25 IN STATUTORY ATTORNEY AND EXPERTS' FEES AND COSTS FOR THE TAKING OF PARCEL 1106FEEI REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K9 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $15,000 PLUS $7,500 IN STATUTORY ATTORNEY AND EXPERTS' FEES AND COSTS FOR THE TAKING OF PARCEL 1269RDUEI REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item # 17 -K� ORDINANCE 2021-30: ESTABLISHED THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE, TO REDUCE QUORUM REQUIREMENTS AT MEETINGS FROM FOUR TO THREE MEMBERS Item # 17B — Moved to Item #9C (Per Agenda Change Sheet) Page 149 September 28, 2021 Item #17C — Continued to the October 12, 2021 BCC Meeting (Per Agenda Change Sheet) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, RELATING TO THE RURAL FRINGE MIXED USE DISTRICT RESTUDY AND SPECIFICALLY AMENDING THE URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL FRINGE SUBDISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT OF THE FUTURE LAND USE ELEMENT TO REQUIRE TRANSFER OF DEVELOPMENT RIGHTS FOR COMPREHENSIVE PLAN AMENDMENTS FOR INCREASED RESIDENTIAL DENSITY; AMENDING THE URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL FRINGE SUBDISTRICT TO REMOVE THE DENSITY BONUS CAP ON RESIDENTIAL IN -FILL AND REMOVE THE REQUIREMENT TO USE TRANSFER OF DEVELOPMENT RIGHTS WITHIN ONE MILE OF THE URBAN BOUNDARY; AND AMENDING THE RURAL FRINGE MIXED USE DISTRICT OF THE FUTURE LAND USE ELEMENT TO CHANGE DEVELOPMENT STANDARDS AND REQUIREMENTS, TO INCREASE DENSITY ON RECEIVING LANDS LOCATED ALONG IMMOKALEE ROAD, INCREASE DENSITY ON RECEIVING LANDS FOR AFFORDABLE HOUSING, ADD TRANSFER OF DEVELOPMENT RIGHTS CREDITS, ADD USES IN RECEIVING AREAS, AND ADD A CONDITIONAL USE FOR RECREATION IN SENDING LANDS, AND TO AMEND DEVELOPMENT STANDARDS FOR RURAL VILLAGES; AND CREATE THE BELLE MEADE HYDROLOGIC Page 150 September 28, 2021 ENHANCEMENT OVERLAY; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY [PL20200002234] Item # 17D RESOLUTION 2021-206: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL BUDGET Item # 17E YEAR 2021-22 ADOPTED IRL _� "* 11 RESOLUTION 2021-207: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FY20-21 ADOPTED BUDGET There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:49 p.m. Page 151 September 28, 2021 ATTEST CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PENNY TAYLOR, CHAIRMAN • These minutes approved by the Board on presented V or as corrected as TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. N 8*S) Page 152