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Agenda 10/25/2022 Item # 2B (BCC Minutes for September 13, 2022)10/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Doc ID: 23604 Item Summary: September 13, 2022 BCC Minutes Meeting Date: 10/25/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 10/11/2022 3:09 PM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 10/11/2022 3:09 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 10/11/2022 3:09 PM Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM 2.B Packet Pg. 14 September 13, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 13, 2022 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: William L. McDaniel, Jr. Rick LoCastro Burt L. Saunders Andy Solis Penny Taylor ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications, & Public Relations September 13, 2022 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: Well, good morning, everybody. It's nice to see all the smiling faces. It's been a couple of months since we've been here and conducted our business, and we're really, really happy to have you back. So with that, if you would, please rise, and before the rabbi gives the blessing this morning, we're going to do a brief moment of silence. We had a -- we had an unfortunate circumstance happen in our country quite some time ago, and I would like if you would, please, a moment of silence for the 9/11. Please. (A moment of silence was observed.) Item #1 INVOCATION BY RABBI AMMOS CHORNY OF BETH TIKVAH SYNAGOGUE - INVOCATION GIVEN CHAIRMAN McDANIEL: Amen. Rabbi, good morning. RABBI CHORNY: Yes, sir. As we gather here this morning, may the divine who blessed the old ones with courage to face their fears and to be anointed by their stinging, streaming tears, with the strength to bridge gaps, reach mountaintops, and tumble walls, with the power to get up again and again after so many falls, with a determination to work to better their communities, with the wisdom and compassion to toil for unity, with a persistence to stay alive and strive and fully thrive, with the daring to uproot and move to improve their families' lives, with the love to rise above the grief, to dig down deep, to love the haters, to lay down their lives on the line to mend the world for themselves, for your life, and for mine. May the divine who blessed the old ones with all these traits bless us now with these blessings to be the authors of our own fates. September 13, 2022 Page 3 May the divine who blessed the ones yet to be bless us at this moment in the land of the free with all the blessings we need to heal, all the injustices in this nation that are real. May the divine awaken and kindle deep inside any latent power we have to heal these divides. May the divine help us to become all we can be, a nation of true peace, social justice equity, where everyone who dwells herein receives all that they need to live and love, to grow and thrive to achieve all our dreams, where children are safe, nourished, cherished, and grow to learn in peace. Where immigrants are welcomed from places they need to flee, where people of all color, statures, beliefs, and identities are treated equally with great respect and dignity, where science is listened to and challenged only when necessary, where treaties are honored and reparations are made immediately, where we honestly confront our past and teach all who need to see that our differences are what make us such a great democracy, where people are put before profits, where we listen only to truth, where we revere our elders and indigenous ones and listen to our youth, where we take stands for social justice here and everywhere, where we lay -- lead by example to be compassionate, just, and fair, where we take all the necessary steps to heal our mother earth, where right now we're blessed to meet one of our country's rebirth where the divine reminds us that labor can also have great pains and that we have the power to ensure that love reigns. May this nation and the world heal its bodies, hearts, minds, and souls. May we all know a complete healing to be truly free and whole. Amen. CHAIRMAN McDANIEL: With that, Commissioner Saunders, will you lead us in the pledge this morning. (The Pledge of Allegiance was recited in unison.) CHAIRMAN McDANIEL: And I neglected to introduce the September 13, 2022 Page 4 rabbi. That was Rabbi Amos Chorny of Beth Tikvah Synagogue. Thank you this morning. All right. Are you ready? Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION BY COMMISSIONER SAUNDERS TO CONTINUE ITEM #11F (#16C4) TO THE NOVEMBER 8, 2022, BCC MEETING; SECONDED BY COMMISSIONER TAYLOR – APPROVED; MOTION BY COMMISSIONER SAUNDERS TO APPROVE AND OR ADOPTED W/CHANGES; SECONDED BY COMMISSIONER TAYLOR MS. PATTERSON: Yes. I will now take the next hour to read the change sheet. CHAIRMAN McDANIEL: We were going over this yesterday. One of the consequences of being off of our meeting schedule so long is we have a large agenda and a lot of changes that need to be effectuated, so bear with us, please. MS. PATTERSON: So I will move along as quickly as possible. First change, withdraw Public Petition 6B. This is a request by Dan Higgins regarding storage yards at the Naples Park project. It's -- CHAIRMAN McDANIEL: You know what, before you go any further, let me go ahead and announce -- since everybody's listening and quite attentive. I usually forget to do this, but let's do the Artist September 13, 2022 Page 5 of the Month, if you don't mind, please. MS. PATTERSON: Of course. CHAIRMAN McDANIEL: I'd like to -- if you have a moment, view the art in the back of our room and on the sidewalls. We welcome Morena Lunis for our September Artist of the Month. The title of this month's art display is Naples boats which, who doesn't love Naples boats? Her artwork can be seen at Art Point Gallery located in downtown Naples at 550 10th Street North. She is also the owner of Naples Frame Up, the oldest custom framing shop in Naples. She has a presence in -- she has been a presence in Florida since 2015 with her paintings decorating the walls of 130 homes. In addition, her paintings can be found in private collections in 20 states from Florida to California. In '22, Morena donated 10 original paintings to the Tampa Zoo. She is a supporter of local organizations such as the Naples Zoo and the Naples Botanical Garden. With that, when we have a break -- and we will at 10:30? I knew that. At 10:30 we'll have a break, if you get a chance to get up and have a look at her art. And with that, Ms. Patterson, would you please continue. MS. PATTERSON: 6B, continuing on, is withdrawn at the petitioner's request. Next is move Item 17A to Item 9B. This item was continued from the July 21st, 2022, BCC meeting. It's a recommendation to amend Ordinance No. 75-16, as amended, and authorize the Chairman to better deal with disorderly persons including requesting law enforcement officers remove disorderly persons when conduct interferes with orderly progression of meetings. This is being moved to the regular agenda at Commissioner LoCastro's request. This will become Item 9B. September 13, 2022 Page 6 I also have a clarification -- a language clarification to provide; however, we can do that, should this move to the regular agenda, at that time that it's heard. Add-on Item 10B is a recommendation to approve a resolution authorizing the formation of a Friends of the Collier County Veterans Nursing Home for the purpose of soliciting and receiving funding for developing ancillary services generally not provided within state-operated facility at the future Collier County Veterans Nursing Home. This is being added at Commissioner Saunders' request, and you received this as a one-way communication last night. Move Item 16H3 to Item 10C. This is a recommendation to direct staff to amend the LDC and Administrative Code to required mailed notice to abutting residential property owners when a petition for Site Development Plan or Site Development Plan amendment is filed for commercial property. This is being moved at Commissioner McDaniel and Commissioner Solis' separate requests. Add-on Item 10D is a request of the Board to appeal the Hearing Examiner's decision in Hearing Examiner Decision No. 2022-38, which finds that the proposed use of self-storage mini warehousing indoor is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed-Use Planned Unit Development. This is being moved at Commissioner -- or being added on at Commissioner LoCastro's request. Move Item 16C5 to Item 11D. This is a recommendation to award construction Invitation to Bid No. 22-7959R, Collier County Jail laundry renovation, to One Source Construction Company and Builders Inc., in the amount of $2,094,550, and authorize the Chairman to sign the attached agreement. This is being moved at staff's request due to the dollar amount. Move Item 16A31 to Item 11E. This is a recommendation to hear Land Development Code amendment to follow -- to allow September 13, 2022 Page 7 medical cannabis dispensaries in the same zoning districts as pharmacies at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. This is being moved at Commissioner Saunders' and Commissioner LoCastro's separate requests. Move Item 16C4 to Item 11F. This is a recommendation to record -- award Request for Proposal No. 21-7919-ST, Construction Manager at Risk, for Collier County Mental Health Facility to DeAngelis Diamond Construction, LLC, for preconstruction services in the amount of $207,965 and a fee of 4.75 percent of the future to-be-determined guaranteed maximum price proposal for construction services. This is being moved at Commissioner McDaniel, Commissioner Saunders, Commissioner Taylor, and Commissioner LoCastro's separate requests. We are proposing a 1:00 time-certain for this item, which we'll cover when I get through the rest of the changes, in order to allow the Sheriff to be here and bring forward some additional information. Move Item 16D2 to Item 11G. This is a recommendation to approve second amendment interlocal agreement between Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and recreation programs, extending the term to June 30th, 2023, and revising payment schedule to a monthly basis based on $1.5 million per year. This is being moved at Commissioner Saunders' request. Move Item 16A1 to 11H. This item was also continued from the July 12th, 2022, board meeting. This is a recommendation to direct staff to bring back an amendment to Ordinance 2013-57, the Administrative Code for land development to address an expressed concern for public safety regarding meeting decorum, location, and virtual options for neighborhood information meetings. This is a companion to 17A, and this will be Item 11H. September 13, 2022 Page 8 Move Item 14.3 to 16B3, which is a recommendation that the Collier County Board of County Commissioners, acting as the Community Redevelopment Agency, approve an agreement with Collier County to accept Community Development Block Grant funds in the amount of $250,000 for the design of the First Street corridor pedestrian safety project. This was misplaced on the agenda and is now being put on the consent agenda in its proper location. Move Item 13A to 16J3 to record the minutes of the Board of County Commissioners, the check number or other payment method, amount payee, and purpose for which the referred disbursements were drawn for the periods between August 11th, 2022, and August 31st, 2022. Again, this is being moved to its proper location on the consent agenda. Continue Item 16C1 to the September 27th, 2022, BCC meeting. This item is further continued from the June 28th, 2022, BCC meeting. It's a recommendation to approve a second amendment to the major user agreement for delivery and reuse of irrigation quality water for Riviera Golf Club to provide a revised termination date due to facility closure. This is being continued at Commissioner Taylor's request. And, finally, Item 16E8 and 16E9 dealing with the administrative reports for the disbursement of property and disposal of property are both being continued to September 27th, 2022, at staff's request. As noted, we'll have a correction for Item 17A at the Sheriff's Office request, which we'll introduce when that item is heard. There's a correction to Item 16C3. The executive summary incorrectly references Invitation to Bid 20-8002. The correct reference should be No. 22-8002, at staff's request. And, as previously indicated, there's a proposed time-certain for Item 11F, previously 16C4, to be heard no sooner than 1:00 p.m. or September 13, 2022 Page 9 immediately following lunch. And that is, again, the Construction Manager at Risk for Collier County Mental Health Facility. We have also court reporter breaks scheduled today for 10:30 and 2:50. With that, that's all the changes I have at this time. CHAIRMAN McDANIEL: Before we go into any other adjustments, I have a question I just want to talk to my colleagues about. How do you-all feel about continuing that proposed 1:00 time-certain until our next stated communication? And that -- so the Sheriff doesn't feel pressed. There's a lot of mis- and disinformation out there with regard to that. I know there are folks in the community that are concerned about DLC's location there at all. But I pulled it, I know myself, personally, because of the ambiguity in the executive summary with regard to the contract and the CMAR with regard to the contract price and not actually having that contract price. And I just wanted to see if we wanted to go ahead and continue that item as opposed to trying to jam it in at a time-certain and put pressure under our Sheriff, so... Commissioner Taylor. COMMISSIONER TAYLOR: Mr. Chair, with due respect, I'd like to ask our County Manager, is there a challenge you have if this is continued until our next meeting in terms of the awarding of a contract? MS. PATTERSON: So we have been working on this contract for about the last two months. I'm looking around. Here comes Mr. Finn who can answer the question on timing. Obviously, we want to have the benefit of having all of the information needed. So Mr. Finn can come up and speak to the actual contractual issues that this presents by moving it two weeks or not. MR. FINN: Thank you, ma'am. For the record, Edward Finn. September 13, 2022 Page 10 Mr. Chairman, members of the Board, welcome. If this is delayed for a week or two, it's certainly not going to negatively impact the schedule particularly much; however, if there is a desire for discussion, we have a presentation prepared for later today. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. One of the reasons that I asked this to be pulled off the consent is we have a zoning application for the location for the David Lawrence Center, this facility. That zoning application is pending. There's not a 100 percent guarantee that that zoning application's going to be approved. Obviously, we have to weigh the merits of the application and determine whether that's the best location for this. I know we've had discussions about this in the past, and we've designated that as our first choice, but we have to listen to the zoning application to validate that decision. And so I think this is -- I hate to use these expressions of putting the cart before the horse. But I don't think it's the right approach to approve an engineering contract for a project on a specific location when the location is still pending in terms of a zoning application. It makes us look like we're rushing things, and I don't want to do that. So I have no problem at all in continuing this for a couple weeks because, as I said, I think this was kind of making it look like we're rushing it. CHAIRMAN McDANIEL: I'm with you. Commissioner Solis. COMMISSIONER SOLIS: I agree. If -- as long as the issue of the location is -- my understanding was that this was being pulled because it was a contractual issue that -- and as I understand Commissioner Saunders saying, that maybe it's putting the cart September 13, 2022 Page 11 before the horse. That's one thing. But, I mean, I have no problem with that, and I think what he's saying makes sense. I just want to make sure that if we put that off for a week or two weeks, that that's what we're going to talk about and not necessarily some of the compatibility issues which is going to be heard at the zoning hearing. I want to make sure that the stakeholders and everybody that's involved is going to have the opportunity to be here when we go through that process. CHAIRMAN McDANIEL: Well -- and I'm in complete concert with Commissioner Saunders with regard to it. We shouldn't be entering into a construction agreement on a piece of property that isn't yet properly zoned. That should be heard first. Then we go through the process once we actually know the zoning and the approval of that. COMMISSIONER SOLIS: Mr. Chair, if I can say one more thing. I mean -- and I haven't gotten into the detail of the contract, but I would assume that the contract would be dependent upon the zoning application being completed. I mean, I don't think -- I would have thought. But, anyway, I mean, that's an issue that we can talk about. Because if the whole thing is dependent upon the conditional use being granted, then -- CHAIRMAN McDANIEL: That's a whole 'nother -- that's a whole 'nother bailiwick. COMMISSIONER SOLIS: Right. So, yeah, I have no problem with that, as long as that's what we're going to talk about as opposed to some of the zoning issues which are going to be subject to a public hearing. CHAIRMAN McDANIEL: Absolutely. Commissioner Taylor. COMMISSIONER TAYLOR: So now I'm totally confused. So we're striking a contract with a contractor without understanding September 13, 2022 Page 12 that we even have the zoning on the property? CHAIRMAN McDANIEL: We're going to continue this item for two weeks. COMMISSIONER LoCASTRO: We're trying not to do that. CHAIRMAN McDANIEL: Yes, exactly. COMMISSIONER TAYLOR: Okay. So continuing it to two weeks, what are we discussing in two weeks? Are we discussing the zoning on the property? CHAIRMAN McDANIEL: No. COMMISSIONER TAYLOR: When are we discussing the zoning on the property? COMMISSIONER SOLIS: November 8th. CHAIRMAN McDANIEL: Correct. I think it's slated for that date. COMMISSIONER TAYLOR: On the -- okay. So why are we discussing anything with any contractor if we don't have the zoning on the property? CHAIRMAN McDANIEL: That's a really good question, and the assumption by us was that the contract, in fact, had a provision that it didn't take effect until the zoning was in place, and we were engaging the contractor for that particular job. I can't imagine we would enter into a contract with anybody in advance of -- especially on a predication of a rezone of a piece of property. I had issues with the executive summary myself because the contract price had yet to be determined for the CMAR. COMMISSIONER SAUNDERS: Mr. Chair, can I make a -- CHAIRMAN McDANIEL: Yeah, sure. COMMISSIONER SAUNDERS: I think we've all said -- pardon me -- that we don't want to award a contract on a parcel where the zoning is up for consideration. Why don't we continue this contract until November 8th subsequent -- after the September 13, 2022 Page 13 hearing on the zoning. If the hearing passes, the zoning passes, then we have the contract on the agenda, and we can approve at that point in time. Otherwise, in two weeks we're going to have the exact same conversation which is should we be approving a contract before the zoning is approved. CHAIRMAN McDANIEL: And/or it gets continued again by staff. COMMISSIONER SAUNDERS: Unless Mr. Finn -- unless Mr. Finn can convince me that that's not where we're heading, I would suggest we continue this to a hearing on November 8th after -- right after the zoning hearing. MR. FINN: Thank you, sir. I know my powers of persuasion are generally remarkable. COMMISSIONER SAUNDERS: They're great. MR. FINN: But in this case I think I'll suggest that after the rezone takes place I think would be a good time to bring this back. COMMISSIONER SAUNDERS: That would be my motion, my suggestion. COMMISSIONER TAYLOR: Second. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: Third. Commissioner Soils, are you on? Are you off? You're good. It's been moved and seconded we continue this until after the hearing on November the 8th for the zoning. Any other discussion? COMMISSIONER SOLIS: One point of discussion and maybe for Mr. Finn. I mean, I'm assuming that the urgency is around the constant escalation of construction costs, right? I mean, this wasn't -- this wasn't an effort other than, I'm assuming, to head -- to try to get things moving as fast as we can to avoid the additional cost of delaying things. MR. FINN: Yes, if I may. Edward Finn. The contract being September 13, 2022 Page 14 reviewed today would be for preconstruction services. The construction contracts themselves would be part of the gross maximum price put together by this construction management company. So the construction contract itself would be well, well down the road. The target date to commence construction isn't until December of '23. So what we're talking about is in the short run, it would be to bring them on board to provide preconstruction services including estimating, value engineering, and generally get ready to put together that gross maximum price for the construction project itself. Nonetheless, I think moving this to November should not pose an enormous difficulty. CHAIRMAN McDANIEL: All right. Any other? COMMISSIONER SOLIS: (Shakes head.) CHAIRMAN McDANIEL: It's been moved and seconded that we move it to the November 8th hearing after the zoning on this particular piece of property. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. All right. Now, let's go into our ex parte -- you got something else? MS. PATTERSON: Yeah. So that's just going to change -- that's going to change the numbering just a little bit. Just September 13, 2022 Page 15 for clarification, 11F will move on to -- proposed 11F moves to 11/8, November 8th, which makes 16D2 now 11F, 16A1 becomes 11G, and that is it. CHAIRMAN McDANIEL: There we go. Somebody's writing all these things down? MS. PATTERSON: Yes, I am. CHAIRMAN McDANIEL: Okay, good. All right. Let's start with, Commissioner Taylor, do you have any ex parte and/or additional adjustments to today's agenda? COMMISSIONER TAYLOR: Yeah. Now, let me -- oh, gosh, I left the papers -- no, I'm not. No, I have no amendments or changes to the agenda, and I have no disclosures for the meeting. I will when we go to the Lely issue. CHAIRMAN McDANIEL: Sure. That's -- we'll call for that one when we go there, thank you. Commissioner Saunders, good morning. COMMISSIONER SAUNDERS: I have no ex parte, but I do have one other change I'd like to propose. Item 16D9 is a grant request from the federal government. And there's been a lot of communication concerning that particular grant application. And I think it would be important for staff to explain what the grant is and what it obligates Collier County to do. This is a grant from the CDC. And as you can well imagine, that's generated some interesting comments and concerns as they relate to COVID-19 and that sort of thing. So the question becomes, what's the grant for and what does it obligate the county to do, if anything. And so I would request that be placed on the regular agenda. CHAIRMAN McDANIEL: All right. You want to place it on the regular agenda? COMMISSIONER SAUNDERS: Yes, sir. CHAIRMAN McDANIEL: Okay. September 13, 2022 Page 16 MS. PATTERSON: That becomes Item 11H. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN McDANIEL: Okay. Commissioner LoCastro, good morning. COMMISSIONER LoCASTRO: Good morning. No changes, no disclosures. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: No changes. The only disclosure I have is on 17B, the Seminole Trail Government Center conditional use, and I received a couple of emails regarding that matter. CHAIRMAN McDANIEL: Very good. I have no changes myself, and the same disclosures on 17B with regard to the -- to that item. I had emails as well. So do you want to do -- do you want to do all of these agendas [sic] en masse? COMMISSIONER SAUNDERS: (Nods head.) CHAIRMAN McDANIEL: So I'll take a motion for the approval of the agendas of June 14th, 28th, and the 12th -- July 12th in absentia. COMMISSIONER SAUNDERS: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we accept the amended agenda as it is today and these minutes from the in-absentia meetings that transpired while we were out and about. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. September 13, 2022 Page 17 COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Done. Now we get to do the fun things. MS. PATTERSON: That's right. That brings us to Item 3, awards and recognitions. Item #3A1 RECOGNIZE CRAIG PAJER FOR BEING AWARDED THE HONOR OF "2022 GOVERNMENT ENGINEER OF THE YEAR" BY THE FLORIDA ENGINEERING SOCIETY, CALUSA CHAPTER – PRESENTED MS. PATTERSON: Item 3A1 is a recommendation to recognize Craig Pajer for being awarded the honor of 2022 Government Engineer of the Year by the Florida Engineering Society, Calusa Chapter. And while Mr. Pajer makes his way up, I'm going to read a little bit about him. Craig Pajer is a professional engineer and director of our subregional utilities division. Craig has more than 40 years of professional experience in designating [sic] water and wastewater systems and utility development projects. His diverse utility knowledge and experience will continue to ensure the successful planning and completion of our utility expansion projects. Craig has been with Collier County for 12 years and has led the design and construction for the northeast service area for a utility infrastructure. He holds both a bachelor's of science and a master's of science degree in civil engineering as well as a professional September 13, 2022 Page 18 engineering license from the State of Florida. He is a fellow with the Florida Engineering Society and is a member of the American Society of Civil Engineers, the American Waterworks Association, and the Water Environment Federation. The mission of the Florida Engineering Society is to enhance the knowledge, skills, and status of its members by providing unique opportunities for personal and professional growth. These opportunities are made available by promoting engineering education, engineering licensure, and the ethical and competent practice of engineering. The Calusa chapter serves professional engineers in Charlotte, Lee, and Collier Counties. Congratulations, Mr. Pajer, for being selected. CHAIRMAN McDANIEL: You've got a -- do you have a speech for us? MR. PAJER: I have a few comments to make, if you don't mind. CHAIRMAN McDANIEL: I don't mind at all. Has anybody reviewed his comments? MS. PATTERSON: (Shakes head.) MR. PAJER: I'll try to be kind. Commissioners, thank you for recognizing the award this morning. Although it is nice to receive the reward -- the award, it is shared by many other governmental engineers within Collier County. Our county has engineers working in the fields of Coastal Management, Transportation, Engineering, Traffic Operations, Construction Management, Development Review, Stormwater Management, Road and Bridge Management, Facilities Design, Solid Waste, SCADA, Water and Wastewater Engineering. Together, with our operations staff, we work together as a team bringing the residents and the visitors of Collier County the best county in Florida to live, work, and play. September 13, 2022 Page 19 And as a sidenote, there are multiple engineering opportunities available in Collier County. If there's any future engineer graduates that are listening to this meeting today, I would welcome them to consider employment with Collier County Government. We need good engineers working in our -- in our government and, also, any people that are interested in operations of our infrastructure facilities would be greatly appreciated. With that, again, thank you for this recognition. CHAIRMAN McDANIEL: Come on up here and get your plaque. (Applause.) COMMISSIONER LoCASTRO: You didn't say anything controversial. MR. PAJER: Thank you. (Applause.) Item #3D RECOGNIZE HECTOR CERVANTES, PARKS AND RECREATION DIVISION, AS THE JULY 2022 EMPLOYEE OF THE MONTH – PRESENTED MS. PATTERSON: Item 3D, Employee of the Month. 3D1, recommendation to recognize Hector Cervantes, Parks and Recreation Division, as the July 2022 Employee of the Month. Let me tell you a little bit about Hector. Hector Cervantes is a crew leader in the Parks and Recreation Division and has been employed with the county since June of 2013. The primary role of a crew leader is to provide oversight to a group of staff responsible to perform grounds and park maintenance which ensures the park is clean, trash and recycling is collected, that landscaping is performed, September 13, 2022 Page 20 grounds around the park are watered, and courts are free of debris for the patrons at the park location. Hector oversees the crews assigned to East Naples Community Park and Bayview Regional Park, takes great pride in doing whatever is needed to make his parks the best they can be, and strives to provide excellent customer service. A great example of Hector's commitment to exceeding expectations was during the preparation period for the US Open Pickleball Champion Tournament in April of 2022. The US Open anticipated the largest crowd in the history of the tournament with over 2,500 participants and 25,000 spectators who would be at East Naples Community Park during a seven-day period. Hector was undaunted by the challenging -- the challenge and committed to making sure the community center and park were ready for this event. He coordinated with other crew leaders and his teams on numerous special projects to prepare the grounds for residents, visitors, vendors, and players while running his own day-to-day operations. Rather than utilizing the services of outside vendors, which the county would normally have engaged to perform the tasks, Hector and his crew removed several small pavilions, installed two semi-truckloads of mulch in the playground, and repaired concrete and asphalt walkways. Additionally, under Hector's guidance, he and his team installed, spread, graded, and compacted over 460 tons of stone in just a four-day period, stabilizing the area in the East Naples Community Park for additional event parking. His determination in coordinating these special projects has benefited the county through increased operational efficiencies, created a safe environment, and led to a positive customer service experience. Hector is committed to maintaining a safe and clean environment in the East Naples Community Park for each resident, September 13, 2022 Page 21 visitor, and vendors. He is patient, leads by example, and inspires his team with a positive can-do attitude. For these reasons, Hector Cervantes was selected as the July 2022 Employee of the Month. Congratulations. (Applause.) CHAIRMAN McDANIEL: Thank you again, my friend. MR. CERVANTES: Thank you. (Applause.) Item #4A PROCLAMATION RECOGNIZING THE BOAT HOUSE OF NAPLES AS RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD, FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY JEREMY BECK AND MATT ROTH – ADOPTED MS. PATTERSON: Item 4, proclamations. Item 4A. CHAIRMAN McDANIEL: Yay. MS. PATTERSON: Is a proclamation recognizing the Boathouse of Naples as recipient of the Waste Reduction Awards Program award for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Jeremy Eck and Matt Roth. CHAIRMAN McDANIEL: You get a plaque as well along with -- COMMISSIONER LoCASTRO: No check. September 13, 2022 Page 22 CHAIRMAN McDANIEL: Yeah. Thank you very much. Item #4B PROCLAMATION DESIGNATING SEPTEMBER 22, 2022, AS FALLS PREVENTION AWARENESS DAY IN COLLIER COUNTY. ACCEPTED BY STEPHANIE GOMEZ AND SUE HAVILAND, REPRESENTATIVES OF STEP SMART COLLIER – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating September 22nd, 2022, as Falls Prevention Awareness Day in Collier County. To be accepted by Stephanie Gomez, representative of Step Smart Collier. (Applause.) MS. GOMEZ: Don't drop the check. CHAIRMAN McDANIEL: No check for you either. We're all out of checks. Thank you. MS. GOMEZ: Thank you, Commissioners. Sorry, I sang too much this weekend, and I lost my voice. CHAIRMAN McDANIEL: Where were you singing? MS. GOMEZ: At worship. Worship, so it was worth it. CHAIRMAN McDANIEL: Oh, you sing in church. MS. GOMEZ: Yes, sir. Stephanie Gomez with Step Smart. Thank you so much for this recognition. I wanted to just take a moment, since I do have the attention of our county, to invite our community for an event we have next week. We're partnering with the Collier's Park and Recreation. We're going to be having a lecture, like a presentation on different methods that we can prevent falls. It's going to be at the North Collier September 13, 2022 Page 23 Regional Park on Tuesday next week at 1:00 p.m. It's going to be followed up by free different screenings for balance, vision, hearing, different things that affect falls. And when I was looking into data of 2019 because, you know, the data lags behind, 2019 is the year that death by fall surpassed death by automotive vehicles. CHAIRMAN McDANIEL: Goodness. MS. GOMEZ: Yet we don't hear enough about fall prevention. You get tickets if you don't buckle your seat belt or if you turn, you know, the wrong left, but you don't have a fall prevention patrol come into your home and saying "that rug is a ticket." So our efforts is to go out in the community and really empower folks to do things that are simple yet preventable for such a big issue for older adult population. So thank you again. CHAIRMAN McDANIEL: Thank you, Stephanie. MS. GOMEZ: Appreciate it. (Applause.) Item #4C PROCLAMATION DESIGNATING SEPTEMBER 15th THROUGH OCTOBER 15, 2022, AS HISPANIC HERITAGE MONTH IN COLLIER COUNTY. THIS PROCLAMATION WILL BE PRESENTED TO COMMISSIONER SOLIS FOR DELIVERY TO HISPANIC COUNCIL FOUNDATION OF COLLIER COUNTY, INC., AND COUNCIL OF HISPANIC BUSINESS PROFESSIONALS, INC. – ADOPTED MS. PATTERSON: Item 4C is a proclamation designating September 15th through October 15th, 2022, as Hispanic Heritage Month in Collier County. The proclamation will be presented to September 13, 2022 Page 24 Commissioner Solis for delivery to Hispanic Council Foundation of Collier County, Inc., and Council of Hispanic Business Professionals, Inc. CHAIRMAN McDANIEL: Do you want to make him get down front and take a picture? COMMISSIONER SOLIS: No. COMMISSIONER LoCASTRO: No check either, right? (Applause.) CHAIRMAN McDANIEL: Thank you, sir, for doing what you do there. COMMISSIONER SOLIS: Thank you. Item #4D PROCLAMATION DESIGNATING SEPTEMBER 2022 AS PAYROLL AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY THE COLLIER COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER'S PAYROLL PROCESSING TEAM OF LESLIE MILLER, LORI BROWN, ERIN ROXBERRY, AND ARIC CHRISTENSEN – ADOPTED MS. PATTERSON: Item 4D is a proclamation designating September 2022 as Payroll Awareness Month in Collier County. To be accepted by the Collier County Clerk of the Circuit Court and Comptroller's payroll processing team of Leslie Miller, Lori Brown, Erin Roxberry, and Aric Christensen. COMMISSIONER LoCASTRO: Everyone's aware of payroll now, right? Right? Payroll was a big secret, but now we've gotten the word out. CHAIRMAN McDANIEL: Who gets the prize? If I lean one way or the other, it balances it all out. September 13, 2022 Page 25 Thank you. Thank you, all. (Applause.) Item #4E PROCLAMATION RECOGNIZING THE COLLIER COUNTY COMMUNITY EMERGENCY RESPONSE TEAMS (CERT). ACCEPTED BY JAMIE CUNNINGHAM, RAY WODYNSKI, BARRY GERENSTEIN, RICHARD BLEE, BILL O'BOYLE, MICHAEL PASSARETTI, AND HEATHER MAZURKIEWICZ – ADOPTED MS. PATTERSON: Item 4E is a proclamation recognizing the Collier County Community Emergency Response Team, CERT, to be accepted by Jamie Cunningham, Ray Wodynski, Barry Gerenstein, Richard Blee, Bill O'Boyle, Michael Passaretti, and Heather Mazurkiewicz. (Applause.) COMMISSIONER SOLIS: We need a bigger room just for pictures. UNIDENTIFIED FEMALE VOICE: It's a lot of volunteers. (Applause.) CHAIRMAN McDANIEL: Thank you, sir. And as they're clearing, those folks do an enormous amount of good for -- oh, Captain, you got something to say? What are you now? COMMANDER CUNNINGHAM: Commissioners, Commander James Cunningham, Collier County Sheriff's Office. But I also volunteer as the National CERT Association vice president. And on behalf of National CERT and the more than 1,200 members and programs around this country who partner with FEMA to have a resilient committee, Collier County has been -- has had September 13, 2022 Page 26 active CERT programs for over 20 years here in Collier County. And they are the ones that, during times of disaster like hurricanes, et cetera, they are out there filling the gaps, taking care of the communities. As you see by the number of volunteers here today, they are trained to be able to take care of themselves, thy neighbors and their friends, during those times of disaster before help can actually arrive. They not only are able to take care of their communities at home, but many of these teams have deployed throughout the state of Florida during several disasters over the course of the eight years, helping other neighbors around the community as well as volunteers. When you put together the tens of thousands of volunteer hours that CERT has done throughout the state of Florida as, obviously, stewards of the government dollars, these are the people that fill the gap when there's no one else to be able to be there. And so, obviously, it would not happen without the support of the county fire chief. Obviously, Chief Sapp, as well as Chief Eloy Ricardo represented by Chief Eminets (phonetic) here today, because those programs that train these certain members and keep them on the ready always ready to go is why our community is the safest community not only in the state of Florida but in Collier County. Thank you if you are recognizing our community volunteers. (Applause.) CHIEF SAPP: Nolan Sapp, fire chief, Greater Naples Fire Rescue. I yielded most of my time to Jamie. But, anyway, I wanted to take an opportunity to recognize the CERT team. They do an enormous job in our community. I participated with an event over the weekend, and it went off without a hitch. It was all spearheaded by them to recognize the family that belonged to a firefighter who passed away in the 9/11 building collapse. So they're always out there for us. And, you know, September 13, 2022 Page 27 although we're identified as the first responders in Collier County, they truly are the very first responders in their own community, and they work very hard in their community communicating with each other, making sure that when the moment comes and they're needed, they're responding before we even get on the street a lot of times. They're dealing with those crises that occur in their own neighborhoods, their own HOAs, and so forth. So, again, with their support and help, we help complete the mission together to make sure that all of Collier County is safe. Thank you for your time. CHAIRMAN McDANIEL: Thank you, Chief. (Applause.) CHAIRMAN McDANIEL: Get your ball cap and go. Thank you all very much. And before we move on, I've got -- Commissioner Solis has a few words he'd like to say. COMMISSIONER SOLIS: Yeah. I'm sorry. Thank you, Mr. Chair. I was remiss -- and Mr. Pajer, the engineer, reminded me of this. And I just want to let everybody know that one of the things that the Council for Hispanic Business Professionals and the Collier -- the Hispanic Foundation of Collier County does is it has a scholarship set up at the -- with Community Foundation specifically for young Hispanic women to study STEM fields, science, technology, engineering, and math, which is extremely under -- it's an area that, for whatever reason, it seems like Hispanic young women do not statistically go into. So there's a scholarship out there, and hopefully we'll help address some of our need for engineers in Collier County. So thank you. MR. PAJER: Sounds great, thanks. MS. PATTERSON: Chair, could we get a motion to approve September 13, 2022 Page 28 the proclamations. COMMISSIONER LoCASTRO: Motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER SOLIS: Second. CHAIRMAN McDANIEL: It's been moved and seconded that the proclamations be approved. Any other discussion? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: This moves us to Item 5, presentations. Item #5A LCEC EQUITY DISTRIBUTION CHECK PRESENTATION BY TRICIA DORN, KEY ACCOUNT EXECUTIVE, LEE COUNTY ELECTRIC COOPERATIVE – PRESENTED MS. PATTERSON:Item 5A is the LCEC Equity Distribution check presentation by Tricia Dorn, key account executive, Lee County Electrical Cooperative. MS. DORN: Thank you. Thank you, good morning. Good morning, Commissioners. My name is Tricia Dorn, key account executive with LCEC. LCEC provides power to five counties within -- five cities within Collier County, which includes Marco Island, Everglades City, Copeland, Immokalee, and Ave Maria. LCEC is a September 13, 2022 Page 29 not-for-profit electric distribution cooperative. Equity represents a members contribution to the construction and operation of the electrical system. Not-for-profit cooperatives like LCEC utilizes revenues to build and maintain infrastructure, purchase materials and services needed to deliver the power, recruit and retain skilled employees and also implement technology. Unlike municipal- or investor-owned utilities, any funds remaining after expenses are allocated back to our members in the form of an equity credit. Over the years, LCEC has been financially strong enough to retire and return more than $317 million to our members. I would like to take this time to also mention that LCEC appreciates the partnership that we have with Collier County Government. This includes police and fire. And I know they already left the room. I would have liked to have personally thanked them as well. But this is not only during hurricanes and major events but throughout the year 24/7. With that being said, today I'm here to present Collier County Board of County Commissioners with your equity check in the amount of $84,120. And I'd like to give that to you today. (Applause.) MS. DORN: I have a fake check for you. CHAIRMAN McDANIEL: You have a big check for us? MS. DORN: You have the real check already. MS. PATTERSON: Thank you so much. MS. DORN: You guys are coming down? CHAIRMAN McDANIEL: Yes. MS. DORN: Oh, nice. Thank you. Good seeing you guys. COMMISSIONER LoCASTRO: Yeah. Good seeing you. CHAIRMAN McDANIEL: I believe we have one more to go? MS. PATTERSON: One more to go. September 13, 2022 Page 30 Item #5B PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR SEPTEMBER 2022, TO HR BY KAREN, LLC. THE AWARD WILL BE ACCEPTED BY KAREN SHEPHERD, OWNER. ALSO PRESENT ARE RED GAMSO, DIRECTOR OF MARKETING & COMMUNICATIONS, AND MELANIE SCHMEES, DIRECTOR OF BUSINESS & ECONOMIC RESEARCH, BOTH FROM THE GREATER NAPLES CHAMBER OF COMMERCE - PRESENTED MS. PATTERSON: Item 5B is a presentation of the Collier County Business of the Month for September 2022 to HR by Karen, LLC. The award will be accepted by Karen Shepherd, owner. Also present are Red Gamso, director of marketing and communications; Melanie Schmees, director of business and economic research; and Bethany Sawyer, Chamber of Commerce vice president of membership. I should say all three of them are from the Greater Naples Chamber of Commerce. Congratulations. CHAIRMAN McDANIEL: Do you want to say a few words? MS. SHEPARD: Yes. Do you mind? CHAIRMAN McDANIEL: No, not at all. Well, I don't think so. MS. SHEPARD: Thank you. This is quite an honor after only being in business just over two years now and started in the middle of COVID. One of the things that I am most proud of with HR by Karen that has grown, besides the employment handbooks and the recruitment, is my free community events. I love Collier County. I only moved here three years ago. And September 13, 2022 Page 31 it has embraced me as much as I've embraced Collier County. So I do free community training. My next one is October 18th. It is "Avoiding the landmines of negligent hiring." It's a really big topic. Everyone has problems with the hiring. So HR by Karen is here to help. October 18th registration's at 7:30 at Da Ru Ma's banquet room, and they can register on my website at HRbyKaren.com. So thank you all again for this honor. I really appreciate it. CHAIRMAN McDANIEL: Congratulations to you. MS. SHEPARD: Thank you. (Applause.) Item #6A PUBLIC PETITION REQUEST BY ELIZABETH RADI REGARDING A 60-DAY NOTICE TO TENANTS ORDINANCE - MOTION BY COMMISSIONER SAUNDERS TO BRING BACK THE 60-DAY TENANT NOTICE TO THE OCTOBER 11, 2022, BCC MEETING; SECONDED BY COMMISSIONER TAYLOR – APPROVED MS. PATTERSON: That brings us to Item 6, public petitions. Item 6A is a public petition request by Elizabeth Radi regarding a 60-day notice-to-tenants ordinance. She has 10 minutes. MS. RADI: You'll have to excuse me. I have no idea what I'm doing. COMMISSIONER TAYLOR: We have people who can help. MS. RADI: Thank you. Okay. Elizabeth Radi, head of the Collier County Tenant Union. Good morning, Commissioners and staff. I've come before you today to petition for the reintroduction of September 13, 2022 Page 32 the 60-day tenant union -- or tenant ordinance based on the recently passed ordinance from the City of Naples. It's my hope that you would not only reconsider your previous denial but to take the opportunity to restore hope back into the lives of the residents in Collier County who are massively being affected by this recent crisis. I struggled with how I was going to present myself in this petition. I sought legal counsel, advice from trusted friends and colleagues, and I literally jumped down rabbit hole after rabbit hole -- there were a lot of them -- just trying to make sure that I made a solid argument only to feel no peace. I can't sit here -- I can sit here and argue stats and statutes or I can talk about what I do know for sure, because you guys already know the stats. I know for sure what it feels like as a parent having to decide whether or not to put food on our table or gas in our car for work; to lay awake at night riddled with the guilt and overwhelming anxiety; to feel completely helpless to situations that are beyond your control and no real remedy and to not understand how another human could make or break your life with zero signs of compassion. After all, it's just business, and I'm not your charity case; to want someone to see you, not just see through you, as you are just another needy individual or voice on the other end of a nowhere conversation. The "I'm sorry, we can't help you" carries just as much defeat as the eviction notice posted on the door. One thing I know for sure is we are losing hope fast. Not only in our local leaders we are -- that we voted in but our community as a whole. The greed has overtaken this community, and the NIMBYism is without logic. People are no longer concerned with the workforce living here. After all, they can live somewhere else and commute, right? To me, this is no different than the '60s where the help was bussed in from across the tracks. You can't live here, but you can work here. I call this economical segregation and regression. September 13, 2022 Page 33 What I do know for sure is that the county leaders over the years have ignored, fed into, and perpetuated the facade that there is no need for affordable or workforce housing till, as a county, we have built ourselves into a corner with very few viable options and no real short-term solutions. I spoke about the 60-day ordinance months back as a way to help people buy time and either relocate or get the services they needed. And although considered and denied, you pushed the ERA funding. I warned, if an already overwhelmed process with the extreme push to create mass applications, that there would be a bottleneck effect and just didn't make sense. I have spoken and emailed those assisting and working with the county ERA programs on multiple occasions, and it's usually when somebody has an eviction or dire circumstances. And I fully understand what they are up against, and I know that they are tirelessly working to help everyone who applies. They genuinely feel the weight of their struggles, but the funding from start to finish is still taking 60 to 120 days. Usually within 30 days of nonpayment you receive some form of eviction notice. Sixty to 90 days, there is no repairing that for the most part. I have spoken with several apartment communities, and they are not willing to work with ERA funding any longer. One complex had 20 evictions coming out with several of them ERA programs promised. We are reaching a boiling point. Your nonprofits are tapping out as well, and rents aren't really going down in price. I spoke with an attorney at Legal Aid, and the take on it is the landlords don't really care. They just want the people out so they can basically raise the rents. I recently watched a video from the owner of Monarch, an investment corporation landlord. And he said, and I quote, we have September 13, 2022 Page 34 an unprecedented opportunity to press and raise rents and renewals. The country is highly occupied, and where are they going to go? They can't go anywhere. They have to be in apartments. And this is a tremendous opportunity to press rents and reset the rental market in which we have already done numerous times this year. In Chapter 83, it talks about good faith and honesty in fact and in conduct and in transaction and the definition of unconscionable, which could be left up to interpretation and applicability. And I think -- where am I going with this? -- is a doctrine in contract law that describes terms that are so extremely unjust or overwhelmingly one-sided in favor of a party who has a superior bargaining power, and they are contrary to good conscience. Although we know that tenants in Florida have no rights, and the landlords basically bought and paid for Chapter 83, much of what we have been seeing by definition is unconscionable. And if this ordinance was passed, it might possibly give tenants not only time, but a leg to stand on during an eviction. So I ask the rhetorical questions: How long do you think Collier County can sustain this? How long are you going to ignore the struggles of the workforce? And how long are you going to continue to perpetuate the lies and insanity of the current status quo? How many more Collier County families need to end up displaced and homeless for you to realize what you are doing hasn't and isn't working? And, finally, what will you lose by giving hope and time back to those who need it so desperately? The thing is is that this ordinance, city and county -- we've got our studies, the ULI studies. They're basically a lot of -- a lot alike. They're -- basically, that's what they are. You've got your violations, your penalties. You have -- let me see. You have your provisions in here for your 60-day. You have your provisions in here for 15 days if it's a month to month. Same thing that's in the Chapter 83 September 13, 2022 Page 35 statutes, okay. All you have to do is take what's already been enacted in the city, change the wording to fit the county, and then we can have a level of continuity within both city and county to help give hope and help back to these residents. What's happening is not working. And if you get out in the community and you sit on the other end of these phone calls that so many of us behind the scenes -- not the ones cutting the checks for these organizations because we have millions of dollars in portfolios that we can just cut checks for, but the people that are out here listening on the other end, these people who are struggling. You know, one mother had -- her son has Stage 4 cancer. She gets an eviction notice. What do we do? She doesn't even get 60 days' notice. It's -- it's insanity what's happening, and we have the opportunity to fix this at least for 60 days. As the owner of Monarch said, we have an unprecedented opportunity, and we do. We as a county do. This isn't mask mandates. This isn't removing people's freedoms. It's not rent caps or more government. It's simply requiring landlords to do the right thing; leveling the playing field and giving people back a fighting chance and, most of all, hope. And I know there were three of you that were in favor of the previous 60-day ordinance, and it's my hope that you will stand your ground and still choose to do the right thing even if it seems to be an unpopular choice. And I do want to say one thing in my last 40 seconds. There are so many people that are working behind the scenes every day. I read a commissioner's email about certain people, you know, being acknowledged for what they're doing and not just what they say needs to be done. Many of us don't have big checkbooks [sic] that we can write or properties that we can donate, but every single day, September 13, 2022 Page 36 including your county employees, are there in the gap working and doing everything they can to try and help these residents. They may never get acknowledgment, but they are there. And I want to thank you all. Even though you might not get that public acknowledgment, thank you very much for everything you're doing. CHAIRMAN McDANIEL: Do you have a question for her? COMMISSIONER SAUNDERS: No. I do have a comment. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. When this ordinance came up before, I was supporting it. I had spoken to some leaders in the landlords organizations and had indicated to them that there was not a slippery slope that we were getting onto if we passed this; that this was going to be limited to the 60-day notice. That's all it was. We couldn't get three votes to do that. Part of that, as you may recall, Commissioner Solis, you were looking at adding to the ordinance a notice requirement for the Rental Assistance Fund requiring landlords to provide that information. And I had made the commitment to the landlords that I spoke to that this was not a slippery slope, that I would not support anything added to this ordinance, and it would simply be a clean 60-day notice so that tenants would have that opportunity to at least look around for someplace else to live, giving them that 60-day notice. I'd like to bring it back and just simply have a clean 60-day notice, no other obligations for landlords, no slippery slope, just simply that little bit. But I think, Commissioner Solis, that would probably depend on whether you would be willing to support that. I know, Commissioner Taylor, you had supported the original, and I believe, Commissioner LoCastro and Commissioner McDaniel, you were opposed to it. But I don't see the harm in having a 60-day notice with nothing else added to it. September 13, 2022 Page 37 So if there's some support, I'd like to see that come back. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I think when I voted against it, I echoed -- I mean, I'm the -- one of the -- I'm the commissioner chair of the Affordable Housing Advisory Committee, or I sit in the committee's seat. The Chair's, obviously, Joe Trachtenberg. But the issue I had with it was the way it was written. And although I understand everything that you said, a lot of the examples that you gave, this ordinance actually wouldn't help. Sometimes it's implied, oh, my God, rents are out of control. Okay. This ordinance won't lower rents. This is what I said last time. Oh, people are getting evicted with one-day notice. Okay. Well, they actually have a lease. They shouldn't get evicted with one-day notice, so, you know, we've dug into some of those cases. And my issue was, this wasn't some magic wand that all of a sudden was going to keep people from getting thrown out of their places. And a lot of the times the examples that we heard were exactly -- some of what we heard, although you very eloquently packaged it. And we all know what the city did and, you know, a lot of people, I think -- I think some -- I won't say a lot -- some are voting for this hearing the bad examples and thinking it solves all those issues. It doesn't. So what I said when I voted no is, bring us back something that actually does have some teeth to it. One of the things I want to say is next Tuesday is the next Affordable Housing Advisory Committee, and I'd like the opportunity to present. You probably will be there, because you're one of the frequent fliers in the meeting. But to take what -- your presentation here and present it to that group. That group is very well attended right now with a vast array of folks. And I have no doubt everyone thinks it's a great idea, but I'd September 13, 2022 Page 38 really like to get input from those that are -- like you said are in the trenches on the front line to come to the meeting regularly because, you know, my view is I don't want to vote on something that I think is sort of soft or it's politically positive. Well, the city did it, so, okay, I'll change my vote so people don't think I'm a bad person. I even think when Commissioner McDaniel and I agreed to not support the previous one, we were echoing it by saying, bring us something here that is -- that we would pass that other counties would all photocopy. And at that time, if you remember, the 60-day ordinances that we were looking at from Miami and one or two other places I thought were thin, soft, not legally supported. And I didn't want to just erase Miami-Dade and put Collier County on there and go, yay, victory, how great, you know, we did the same thing the other two counties did. I thought we could improve upon it. So maybe this is an improvement, but I'd like the chance to present this to the Affordable Housing Advisory Committee -- it's just on Tuesday -- and get their views, and maybe something out of that meeting could make this better, tighter, or just we'll hear a tidal wave of support, and then I could bring that -- you know, that feedback back to this commission. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: So let me give you some real-time issues that we are facing as a community, and it came up quite by accident. I was at a curriculum evening for my eighth-grade granddaughter and met a teacher who was teaching at East Naples -- East Naples Middle School who was moved from East Naples Middle School because they're losing students. What does that mean? Well, I think they might be moving east, but I don't think moving east is doing them very much good. I think they're leaving. September 13, 2022 Page 39 What are we going to do as a community when the workforce leaves? And, by the way, gentlemen, they are leaving, as witnessed by this teacher who was moved because there weren't enough students at East Naples for her to teach. So I think whatever we do, we need to move quickly, we need to move forward, and I would support Commissioner Saunders' statement that he'd like to bring this back. Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: And I appreciate what you're saying, and I've heard those stories as well, and I've helped direct families to our housing professionals to get ERA money and make sure -- sometimes the 120 days you're talking about isn't because we're sitting on our hands here. A lot of times -- and I've been personally involved in those cases to expedite things for families that were in trouble, and a lot of times it was we were waiting on documentation from the families. So, I mean, to really be clear here and not make it sound like our housing process takes an excessively long amount of time, in most cases it's it took that long to get the money because we're not just going to give it out for free. But to Commissioner Taylor's point -- and like I said, I know some of those families as well. But let's say that we had a 60-day ordinance written exactly like the cities that was in place. How would that change exponentially? Would that have saved everybody in East Naples from not moving, and the schools would be packed with children, and this is the solution? And I don't say that sarcastically, but I want to approve something here that actually will positively affect, halt, slow down all the examples that we all keep hearing, because the reality is, we're not even talking about apples and oranges. We're talking about apples and chairs. Everything September 13, 2022 Page 40 you just said was true. This ordinance wouldn't exponentially immediately halt that, so -- COMMISSIONER TAYLOR: There's no silver bullet. COMMISSIONER LoCASTRO: Oh, I agree, but I want at least a bullet. COMMISSIONER TAYLOR: But there's a way to slow this down, and I think this is a way to slow it down. I mean, government moves very slowly and very methodically. This lets the landlords know that we are aware of their greed, that we are aware of their lack of humanity when they -- when they raise -- now, that's not everyone. And I know my commissioner -- CHAIRMAN McDANIEL: I was just going to say, you've got to reel that back. COMMISSIONER TAYLOR: Well, you have to talk to some of the people that have been thrown out, because I have. CHAIRMAN McDANIEL: So -- COMMISSIONER LoCASTRO: Then Publix, Winn-Dixie, and the gas stations, then, must be really greedy, because I'm paying a lot there, too. CHAIRMAN McDANIEL: Let's do this. You know, we're going to end up in a debate over something that has no consequence whatsoever right now. And I really don't -- if we're going to debate this, then we're going to debate it when I have a written document in front of me that has some kind of efficacy about it. Having this discussion right now based upon a public comment where we're not taking a vote other than to -- if Commissioner Saunders wants to bring it back, I'll support bringing it back. We'll have a look at it. But bantering back and forth here on the efficacy of what's, in fact, transpiring with these -- with these comments is a waste of everybody's time. COMMISSIONER TAYLOR: So let me just rephrase that. If September 13, 2022 Page 41 someone can explain to me why when one landlord raises the rent, everybody does, then I'll be happy, and you don't -- that's just a rhetorical question. CHAIRMAN McDANIEL: Yeah, it certainly is. COMMISSIONER TAYLOR: I don't quite understand that. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yeah, I have no problem bringing it back. Just to kind of set the record straight, I mean, I opposed the way it was originally proposed because I didn't think it did enough, and all I requested was that there be a statement in the notice that we were going to require saying there are recovery funds out there. Here's the number. COMMISSIONER TAYLOR: That's right. COMMISSIONER SOLIS: So I just want to make that clear on the record that I wasn't opposing it. I was trying to make it better. That didn't get any support, and I still don't know why. So I'm still open to discussing it. Again, I think we can't change contract terms, and we can't change Chapter 83, but we can require some notice at least. And I think if we can do that -- I would like to hear how we're doing on those recovery funds and if we've been able to disburse as much of that as we can so that we don't end up having to give some of that back. I mean, that's the conversation we'd have. And if Commissioner LoCastro can get something from the Affordable Housing Advisory Committee that improves it, then all the better. CHAIRMAN McDANIEL: Correct. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Just a couple quick comments. First of all, I do have to take a little exception to what September 13, 2022 Page 42 Commissioner Taylor said. My supporting this is in no way a reflection that I think landlords are greedy. It has nothing to do with that. My supporting this is only to give tenants a little bit of an opportunity to have some notice. It's not intended to say -- to send a message to the landlords at all other than give 60 days' notice. To Commissioner LoCastro, this isn't designed to solve the problem. I mean, the solution to the problem is to have 3- or 4,000 affordable housing units up tomorrow. That's not what we're even talking about. We're talking about just giving tenants a little bit of notice so that they can make arrangements to move out. They'll have that 60-day period or make arrangements to come up with the rent. And so just to the landlords, this is not -- in my view is not an effort to say anything negative about a landlord. They're raising rents to reflect the market. I understand that. That's the way business works. That's the way capitalism works. This is simply to give some tenants a little bit of extra notice. So I've heard that there's some willingness to consider this, so I'll make a motion to bring back the ordinance, the clean 60-day notice, again, to emphasize that this is not Collier County getting on some slippery slope where we're going to start to regulate the landlord-tenant relationships. It's just that one little item of a 60-day notice. MR. KLATZKOW: And just for clarification, because I have to advertise this, what meeting do you want us to bring this back for? COMMISSIONER LoCASTRO: As soon as possible. MR. KLATZKOW: As soon as possible? COMMISSIONER SAUNDERS: Yeah. MR. KLATZKOW: Okay. CHAIRMAN McDANIEL: Commissioner LoCastro. September 13, 2022 Page 43 COMMISSIONER LoCASTRO: Yeah, I mean -- and that's what I was about to say. Just -- I mean, we know this is a hot topic. I don't need anybody to explain to me that -- the 60-day notice what it does. What I want -- and Commissioner Saunders actually did say it perfectly, but it's important people understand what it doesn't do, because a lot of the examples that I hear for 10 minutes asking us to pass this talks about how rents are out of control and everybody's greedy, and this and that. This ordinance won't do any -- won't change rents. Yes, it would give notice, although there's already things embedded into the process that gives people notice. I mean, if somebody waits until the day prior to their lease expiring to find out if their rent's going to be raised and then they got evicted, there's a bunch of things they could have done, but maybe that's another argument. But I would recommend we bring this back as soon as possible. It's great that we have an Affordable Housing Advisory Committee meeting on Tuesday, and unless there's something legally that causes us to have to wait longer, I think, you know, getting our housing team involved, Affordable Housing Advisory Committee involved, and then bringing something back, I would hope, maybe at the next commissioner meeting. I think, you know, we don't want to kick this can to November, December unless there's something legally that's artificially slowing this down. You know, Mr. Klatzkow, is there anything that keeps us from bringing it to the next meeting? I mean, we've already talked about it quite a bit, so it's not like it's at step zero. MR. KLATZKOW: No. I just have to -- I just have to have it advertised, which sometimes -- usually I can get it done for the next meeting today, but sometimes it's -- CHAIRMAN McDANIEL: If not, by the first meeting in September 13, 2022 Page 44 October would be fine. MR. KLATZKOW: It depends on the processing. CHAIRMAN McDANIEL: Sure. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. And I just want to say that I did learn wonderfully -- it was a great surprise on the campaign trail that my colleague who won my seat, that he made the statement at a debate that we did that his -- he owns property, he and his wife, and that they have not raised their rents despite what's going on. So I feel that this is -- I don't mean to indicate that all landlords are exercising their right of capitalism to the degree that they're doing; however, there are landlords out there that understand how important the working class is for our community and are being fair and being judicious in their application of raising the rents. Thank you. CHAIRMAN McDANIEL: Very good. So with that, it's been moved and seconded -- COMMISSIONER LoCASTRO: Uh-huh. CHAIRMAN McDANIEL: -- that we bring this back no later than our first meeting in October with the advertising permitted. All those in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER LoCASTRO: And just an aside, you know, Elizabeth, you just have really been burning a lot of shoe leather in September 13, 2022 Page 45 the community, and even though some up here, maybe even me included, might agree or disagree on certain points or whatever, nobody can challenge your passion, your hard work, and I don't think you're getting paid anything for it. And I'm sure you have a lot of other things on your plate. So, you know, thank you for being here. It's impressive how much you've tried to really lead the charge to do what, you know, you feel is the right thing. And, you know, we're going to work hard to make sure we do as well. MS. RADI: Thank you. COMMISSIONER LoCASTRO: Yes, ma'am. Thank you. CHAIRMAN McDANIEL: Do we have any other items under 7? Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: We're moving on to Item 7 now, which is public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chair, we have three registered speakers on this item, two here in the boardroom, one online. Your first speaker is Jackie Keay. She'll be followed by John Harney. MS. KEAY: Good morning, Commissioners. It's wonderful to see you all again. Jackie Keay, just in case. So my childhood heroes included Abraham Lincoln, Mother Teresa, Martin Luther King, Jr., Nelson Mandela, and Mahatma Gandhi. Not only were they highly intelligent, but they also September 13, 2022 Page 46 possessed exceptional emotional intelligence which enabled them to embody superior self-control, empathy, and unparallel leadership. So what is emotional intelligence, and how can it help, especially as it relates to certain adults in our country showing a complete lack of self-control, good decision-making, and empathy? Our country's in crisis because many childish adults, especially elected officials, throw tantrums, bully others, and get aggressive when they don't get their way. The assumption that people with higher IQ are successful has been proven erroneous. Emotional intelligence is a better indicator of success in a workplace, school, relationships, and in life. Research shows a positive correlation between a higher emotional intelligence and happiness. People will high emotional intelligence are sought after because of their ability to understand, connect to, empathize and -- to empathize with the people around them. More specifically, it is an individual's ability to control, evaluate, perceive and express motions appropriately. Emotional intelligence significantly impacts one's well-being and health. People with well-developed emotional skills have a greater degree of personal satisfaction, optimism, quality relationships, and self-confidence. It has been scientifically proven that emotions precede thoughts. Subsequently, uncontrolled emotion changes brain functioning which leads to diminished cognitive ability, interpersonal skills, and decision-making powers. Here's the best news about emotional intelligence. Since it is fluid and consists of learned skills, you can increase your emotional intelligence if you are willing to change and do the work. The best personal development one can make is to improve your emotional intelligence. Great leaders have high emotional intelligence and integrity, which they use to do what is best for their communities and September 13, 2022 Page 47 not just for their selfish and political ambitions. A quote that I just saw a few days ago. So great leader CEOs are hired because of their business acumen, but they are fired because of their lack of emotional intelligence. It's up here (indicating). Thank you all very much. MR. MILLER: Your next speaker is John Harney. He'll be followed online by Joe Trachtenberg. MR. HARNEY: I'm John Harney from District 3, and I'm here to represent the Continuum of Care today as well as, to a lesser degree, the AHAC. I'm housing chair for the Continuum of Care and a member of the AHAC. I have some information this morning regarding what's going on with the Continuum of Care regarding support. As we all know, the ERA money will run out. This is not an endless source of funding. A lot of the gap funding comes from other organizations, and a lot of those organizations that get involved are spending a lot of money right now in addition to what's coming out of ERA. But the numbers for the people who are needing that right now are huge. In the hunger and homeless coalition, which is the Continuum of Care, they help find immediate housing for people. Just to give you a comparison here on the numbers. The motel stays for newly homeless this year, 72 households; last year, 37. Homeless prevention, 1,335 this year; last year, 553. The number that has been spent for rehousing, which is to go out and find an apartment for somebody and pay the first, last, and security deposit, is 215 this year; 118. A typical number for that rehousing, first, last, and security deposit, may be up to $12,000 for the Continuum of Care to lay out at one time for one family to be able to get into an apartment. That is an example of 93-year-old woman who was a lifetime resident of Collier County. She was unable to afford the apartment September 13, 2022 Page 48 that she was in. In order to get a new apartment, that money came out of the Continuum of Care. So this problem is being handled by nonprofits as well as the county. The nonprofits will continue to be involved in that after the ERA funding. They don't have enough money to cover all that. So we have a very large problem. The long-term solution to this is to change the Land Development Code. We're hoping to see that back on the agenda as soon as possible. I have a number of people lined up who will speak on that from a broad spectrum of the community, and we'd like to see that on the agenda as soon as we can. I will also be very interested in the discussion on Tuesday in the AHAC meeting. Thank you. CHAIRMAN McDANIEL: Thank you, sir. COMMISSIONER LoCASTRO: Thanks, John. MR. MILLER: Mr. Chairman, your final registered speaker for Item 7 is Joe Trachtenberg. Joe, you're being prompted to unmute yourself. You're unmuted. You have three minutes, sir. MR. TRACHTENBERG: Thank you, Troy. Good morning, Commissioners. For the record, I'm Joe Trachtenberg, chairman of your Affordable Housing Advisory Committee. My intentions this morning were to speak briefly on two subjects. First to support Elizabeth's petition to bring back the subject of the 60-day notice requirement for significant rent increases. And I'm pleased that you've decided to do that, so I won't take further time giving you all my reasons why this is the right thing to do other than to agree with the comment that this has nothing to do with the affordable housing crisis in Collier County. It does only September 13, 2022 Page 49 have to do with human decency and giving these folks who do not have any other outlet in terms of how their lease is written or their willingness of their landlords to actually speak to them, not to kick them out the day before their lease is due to expire. Of significant import, though -- and the other reason I wanted to speak to you is we urgently need you to put on your agenda the recommendations that AHAC has been making for the past several months, which actually will impact the affordable housing crisis in Collier County. We have $20 million of surtax money, which still has no plan as to how it's going to be allocated. This money is earmarked to purchase land for workforce housing. The committee that's charged with responsibility for doing this either doesn't meet or can't get a quorum. We urge that county staff look at this and do something about it. We have other recommendations dealing with revisiting how deferral of impact fees are handled and ad valorem tax money and, most importantly, the zoning changes that at your last two meetings you've postponed and continue not to hear. These go back to the ULI recommendations in 2017. The Planning Commission unanimously supported adoption of these, and we urge that the County Commission hear these subjects, give us an opportunity to explain our rationale, and let's really do something to build affordable housing in Collier County. It's being done elsewhere in Florida, and we have an urgent need here. Thank you for listening to me. CHAIRMAN McDANIEL: Thank you, Joe. MR. MILLER: That was your final speaker on Item 7, sir. CHAIRMAN McDANIEL: And with that, we will take a court reporter's break for 12 minutes. 10:40 we'll be back. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) (Commissioner LoCastro is absent.) September 13, 2022 Page 50 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: Well, Commissioner Taylor, it's just me and you. Think what we can get done. Mrs. Kantor -- Mrs. Kantor, the meeting is open. Please take your seat. MS. KANTOR: It's over? CHAIRMAN McDANIEL: No. It is open now. Please take your seat. MS. KANTOR: Oh, I'm sorry. CHAIRMAN McDANIEL: So when we have -- oh, here we go. We've got one. We're ready to go. Unless you want to wait until all five of us are up here, Mr. Yovanovich. MR. YOVANOVICH: I know they can hear. As long as they're here for the vote, since we need four. CHAIRMAN McDANIEL: Oh, okay. We'll wait till four -- and then I want -- who was in charge of payroll earlier on? We had people that were doing payroll. We need a pay cut for those that aren't on time. How come -- how come -- those folks in the back are all laughing. Oh, yeah. Trinity says, not me. All right. Hopefully they're hearing us talking, and they'll -- MS. PATTERSON: Do you want me to read it in now? CHAIRMAN McDANIEL: Sir -- I'm sorry. Yes, ma'am. MS. PATTERSON: I'll get started reading it in. CHAIRMAN McDANIEL: Go ahead. There you go. Thank you. MS. PATTERSON: I have to read slower now. Item #9A ORDINANCE 2022-33: AN ORDINANCE AMENDING ORDINANCE NO. 92-15, AS AMENDED, LELY, A RESORT September 13, 2022 Page 51 COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY ALLOWING THE 9+/- ACRE C-3 PARCEL AT THE SOUTHWEST CORNER OF COLLIER BLVD. (CR 951) AND GRAND LELY DRIVE TO HAVE C-3 OR RESIDENTIAL DEVELOPMENT LIMITED TO 184 DWELLING UNITS. THE SUBJECT PUD CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD, WEST OF COLLIER BLVD. (CR 951), IN SECTIONS 21, 22, 27, 28, 33, AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE - MOTION BY COMMISSIONER LOCASTRO TO APPROVE W/STIPULATIONS; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: We're to Item 9, advertised public hearings, Item 9A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is a recommendation to approve an ordinance amending Ordinance No. 92-15, as amended, Lely, a resort community Planned Unit Development, by allowing the 9-plus-or-minus acre C-3 parcel at the southwest corner of Collier Boulevard/County 951 and Grand Lely Drive to have C-3 or residential development limited to 184 dwelling units. The subject PUD consists of 2,892 acres located between U.S. 41 and Rattlesnake Hammock Road west of Collier Boulevard in Sections 21, 22, 27, 28, 33, and 34, Township 50 South, Range 26 East, Collier County, Florida, and providing an effective date. CHAIRMAN McDANIEL: There you go. Anybody wishing to speak's going to raise their right hand, please. Stand up. (The speakers were duly sworn and indicated in the affirmative.) MR. YOVANOVICH: Are you ready for me? September 13, 2022 Page 52 CHAIRMAN McDANIEL: I was ready before, but you wanted to wait till four. Now you got it. MR. YOVANOVICH: I appreciate it. Good morning. For the record, Rich Yovanovich on behalf of the petitioner. The team I have with me today are Fred Hazel and Gray Schaufler from Davis Development; Katie LaBarr from Stantec is our professional planner; Rob Engel from Stantec is our civil engineer; and Chris Benitez is our transportation consultant, should you have questions of them. The 9-acre parcel is at the -- on the southern side of Grand Lely Boulevard in the Lely Resort project. To the north is a commercial plaza, and the property that we're talking about is the same zoning allowed uses on the property. The request is to add 184 -- up to 184 residential units on that -- on the parcel that I just showed to you. Those units are already accounted for in the PUD and the DRI, so we're not asking for an increase in any density as we go through this process. We have had a lot of community outreach. And I'll let Mr. Hazel go through that. But we did have three neighborhood information meetings, worked closely with our neighbors to address their concerns, and I'll get into those in a little bit greater detail. But I'll have Mr. Hazel come up briefly to give you an introduction to Davis Development. They have one project nearing completion with lease-up, this project, and another one that's under construction. So they're committed to Naples. And I'll introduce Mr. Hazel right now, and then I'll come back and go a little bit over some of the public outreach and some of the commitments we made through that process. MR. HAZEL: Thank you, Rich. Good morning, Mr. Chairman and Commissioners. My name is September 13, 2022 Page 53 Fred Hazel with Davis Development. It is my pleasure to be here this morning representing our team and our project. Just a quick -- I'll be brief as I can, but just a quick little introduction to Davis Development. We are a privately held development company based out of Atlanta, kind of semi-regional in the southeast and into the southwest of the country. And so we have offices in Florida as well as in Texas and the Carolinas. It's all privately funded through our one equity source. We don't have outside equity partners, which provides us a lot of flexibility in design and working with communities such as this project. We do our own construction, so we also do the construction, and we also have a management arm. So we kind of do these projects, as we say, trees to keys. And so we're very proud of what we do. This project has been quite a process of working with the community, as Rich alluded to. In this process, we've had three neighborhood information meetings, and so I want to start by thanking the neighbors. I don't believe we have a lot of the folks that we worked with through the process here today, but those were invaluable in receiving input that we did take and make amendments to our project throughout. So we're very proud of the collaborative process that occurred, and thanks also to our team with Stantec and their assistance through those. And so we're all here today for questions that the Commission may have. So, yes, as Rich alluded to, we have concluded our first project in the Naples arena. It's at Founders Square, the Pearl. Just finishing construction and strong lease- and very proud of that asset. And so here we are -- our goal here is to bring a similar quality asset to the community, and so we appreciate your time and your support and are here for questions. And thanks again to all who have been helpful in the process. September 13, 2022 Page 54 CHAIRMAN McDANIEL: Thank you. MR. YOVANOVICH: As I mentioned, we did have three neighborhood information meetings to further refine the project as we went through -- through the process. I just wanted to summarize some of the changes and concerns that occurred and changes that were made. The original project was four stories. The residents thought that was too large, so we reduced it to where we staggered with two-story, basically, townhome product along Celeste and with the three-story building that wraps around the parking structure, so we were able to bring the heights down. That was a concern for the residents. Access on Celeste was a concern for the residents, and we have limited access to emergency access only on Celeste with access off of Grand Lely and primary access off of Collier Boulevard. Security and landscaping was another issue where we were providing a decorative fence and landscaping along Celeste. Also related to access, we are building a right-turn-only access on to Collier Boulevard because the current Grand Lely access has one lane that goes straight and both to the right. So if you're going east across, you basically back up traffic, and that was a concern of the residents. So we agreed to go ahead and build that additional turn lane for better functioning of that intersection. We -- these commitments are all in the PUD. And with that, we had a positive recommendation from your staff, they're recommending approval, and the Planning Commission also unanimously recommended approval. I'm going to turn it over to Katie to kind of take you through the master plan briefly, and then we'll answer any questions you may have and request that the Board vote in favor of the project at the conclusion of the public hearing. With that, I'll turn it over to Katie LeBarr. September 13, 2022 Page 55 MS. LeBARR: Thank you, Rich. Good morning, Mr. Chairman, Commissioners. I'm Katie LeBarr, an AICP certified planner with Stantec, and I have been sworn. I want to walk through some of the information about surrounding land uses and then discuss specific design elements associated with this proposed multifamily project. As Rich said, this site is bordered to the north by Grand Lely Drive, a two-lane public roadway with Stock Plaza, a commercial center located just to the north of Grand Lely Drive. To the east is Collier Boulevard, a six-lane arterial roadway. To the west and southwest is Celeste Drive, as well as the Verandas and Saratoga, two established residential communities within Grand Lely. This is the proposed concept plan. As Rich shared, our clients have made several design changes in response to feedback that we received during several community outreach meetings. The changes that have been made are intended to ensure compatibility and cohesion with the Lely Resort community. I'll briefly describe several of these site features. To the north is a right-in-only access onto Grand Lely Drive. To the west, along Celeste Drive, are two-story townhomes. Vehicular access to Celeste has been eliminated. Fencing and decorative landscaping in exceedance of minimum code requirements is also proposed along Celeste Drive. And then, finally, the right-in, right-out access point, which Rich corrected is a right-in-only access point onto Collier Boulevard. MR. YOVANOVICH: Grand Lely. (Commissioner LoCastro is now present.) MS. LeBARR: Okay. Right-in-only on Grand Lely, right-in, right-out on Collier Boulevard. Make sure I correct the record on that. September 13, 2022 Page 56 The site design provides a meaningful transition in density and intensity from proposed two-story townhomes along Celeste consistent with the formed development to the west, two- or three-story multifamily building closer to Collier Boulevard. This proposed residential land use will result in a reduction of traffic to the surrounding area, particularly to Celeste Drive. Parking will be located interior to the site within the footprint of the proposed multifamily building, and among other enhanced amenities, dog parks and dog stations will be provided throughout the community for residents to use. So, in closing, you have a favorable recommendation from staff. We propose no deviations or an increase to approved density. This request is consistent with the Future Land Use Element of the GMP. The applicant -- application is consistent with the requirements of the Land Development Code. You have a unanimous recommendation of approval from the Planning Commission. And it's my opinion as an AICP certified planner that the application complies with all of the required requirements of the Comp Plan and Land Development Code. With that, we respectfully request your approval today, and our team is available to answer any questions that you may have. CHAIRMAN McDANIEL: Very good. Commissioner LoCastro. And, by the way, I called for a pay reduction. We had the payroll people up here, and your being tardy -- COMMISSIONER LoCASTRO: I'm being docked? CHAIRMAN McDANIEL: You're going to -- we're going to dock -- COMMISSIONER LoCASTRO: I apologize. It's his fault from NBC. They were interviewing me about something we're going to be talking about later, so I apologize, popping in here a little September 13, 2022 Page 57 bit late. So I blame you, NBC and Ryan. First, before we get into a little bit more detail from Mr. Yovanovich, if anybody gets my newsletter, I praised the Lely community for the great work that they did. You know, we've talked a lot about NIMs, neighborhood information meetings, and how neighborhoods can be involved in projects. And we're going to be talking even more about it this afternoon. You know, sometimes I think the opportunity is missed by certain communities who don't take full advantage of their chance to take responsibility of what happens in their community. A neighborhood information meeting is sort of the neighborhood's chance to have their own Planning Commission meeting without us and try to bring a problem, a project, or whatever it is, to the Planning Commission and to us as commissioners maybe 70 percent solved. You know, when you're at opposite ends and people are screaming and yelling at NIMs or a NIM is called and everybody exits in five minutes because they're all ticked off and whatnot, that actually helps nobody. And in this particular case -- and, like I said, I highlighted in my newsletter, I'm so proud of what the Lely community did because they embraced the process. They took ownership of the process. They didn't leave it up to the Planning Commission and the Commissioners to be good guys or bad guys or whatnot, and they also -- they were open to educating themselves. And I don't mean that in any kind of derogatory way, but really learning the difference of -- about traffic and the difference between commercial and residential. I can tell you, on day one my in-box was loaded with emails from Lely residents that said, don't you dare put residential on that piece of property with all the reasons why they didn't want it to be rezoned. September 13, 2022 Page 58 But having very valuable NIMs and -- you know, here's something you don't hear every day. They had such a professional -- not close working relationship. Trust me, the meetings were heated. But by being professional, they actually convinced the contractor and the developer to have additional NIMs so they could continue to talk and not come to the Planning Commission and then have it all hashed out in here for the very first time. Boy, we need more of that. And so the -- you know, the arguments can be heated, you could be on both sides, but from my perspective, they were very professional. So, you know, a shout-out to Lely. And this isn't a commercial to say, anytime you want something rezoned, have a good meeting, and then we're all for it. You know, every case is different. Some things, you know, bear consideration for rezoning and some don't. But it's so refreshing when something comes to the Planning Commission and then eventually to us and you have citizens at one side of the podium saying, wow, we burned a lot of hours to come here, but here's what we want for our community. In this particular case, there's still some fine print, but they worked through the big major things and that's why, you know, they didn't have a marathon Planning Commission meeting, and the Planning Commission, correct me if I'm wrong, supported this with a unanimous vote. And all of this is really because of an incredible community. And, yeah, I'm still getting, you know, an email or two from some Lely residents. You know, you won't please everybody, but the masses took the time to meet with the developer and really get a lot of things that were nonnegotiable or deal breakers, get them approved and agreed to. And in the end, I mean, I had residents say to me, wow, you September 13, 2022 Page 59 know, I was banging on tables saying commercial, keep it zoned commercial, keep it zoned commercial, and then after we sat down and I realized, wow, commercial could be an Ocean Prime restaurant; commercial could be a storage unit; commercial could be a bunch of restaurants, and my apartments are now looking at the back of a restaurant and dumpsters filled with vultures as opposed to a beautifully, architecturally wonderful downsized apartment complex. Maybe we should talk to this developer and not just leave it to chance. So I'm really impressed with what both sides did. I worked very closely with the board members, and, you know, having said that, I think that's why you have something before you that is packed really well, because a whole bunch of people spent a lot of hours to do our homework for us and make sure that we didn't have to sit up here and start from Step Negative 10 and have people on both sides just screaming and yelling. So some of them are in the room here. Many of them aren't. I gave a big shout-out in my newsletter to the folks who did it. And end it by saying, it's not about the rezone. It's about a community taking charge and taking responsibility and being part of the process, being fully involved. And you have to have a board -- a board, senior leaders representing that community that get that, that understand that, that truly represent the entire community and are fighting for the time. They welcome the NIMs because it's a chance for their voices to be heard and not delegate the responsibility fully to the Planning Commission or to the commissioners here and say, you know, here's -- here's a handful of stuff that everybody hates, so you decide. And if we don't like your decision, then we hate all of you elected officials, and we hate the entire Planning Commission or, if you agree with us, then thank you for supporting citizens. You know, they brought us a team approach. September 13, 2022 Page 60 And so I know we still need to talk about some details here, because the last that I had conversed -- and it was just a few days ago -- with the Lely board, they still had a list of small things, and I still have some concerns about how traffic is going to flow. I don't believe any of it is a showstopper. I think all the big things have already been worked out, and that's why you got a unanimous Planning Commission vote. But, you know, having said that, you know, thanks for all your hard work, but the job's not done when we vote. And we'll be watching this project closely regardless of how the vote goes here, but if it does go forward, there's a lot of things that were promised. There's a lot of things that we have to have in this project to make sure that it fits with the residents and the developer agreed to and what I'm concerned about, but because of the great working relationship between the residents and the developer and everybody in between, I mean, the phone calls are easy to have because we're all paddling in the same direction. So, you know, having said that, thank you, and then, you know, Mr. Yovanovich, I'm sure you want to, you know, educate everybody up here on the project. You know, you and I know it intimately, but there's probably more to talk about. MR. YOVANOVICH: We did have that opportunity to go through the project, Commissioner LoCastro. COMMISSIONER LoCASTRO: Okay. MR. YOVANOVICH: So whatever questions or comments you may have at this point, that's kind of where we left it off. COMMISSIONER LoCASTRO: Okay. MR. YOVANOVICH: And with that, everything that we talked about at the meetings are in the PUD already. So if there are specific concerns you want to go over again -- COMMISSIONER LoCASTRO: Well, one thing I had -- September 13, 2022 Page 61 MR. YOVANOVICH: -- we'll talk about it. COMMISSIONER LoCASTRO: -- said and -- I guess yesterday, because we've been talking about this one for a lot. And that's a good thing. You know, I'm really disappointed when citizens have a chance to meet with the developer in a NIM or in a private meeting or whatnot, and it's encouraging when you hear, wow, they spoke for six hours, rather than, well, yeah, they yelled at each other for five minutes and then walked in opposite directions. That helps nobody. So in this particular case, we've been talking about it a lot. I don't know if -- is Tony here from our traffic? You know, Tony if you'd just, you know, come forward, I wanted to just clarify a couple things. And one of the things I said at a meeting yesterday with our team is, you know, these projects -- and, granted, this one isn't ginormous, but every project's important, and it's big to the community. It has flex to it. So just because we vote on something today, if we find out that the traffic pattern that we thought would flow perfectly doesn't, I can tell you right now we're going to be smart enough to come back in this room and say, you know what, we guessed wrong or we're watching seasonal traffic now move through this community, and it's a disaster. You know, I realize once you sort of build something, you can't always undo it. But I hope we wouldn't measure twice and cut once on this project. There again, if we guessed wrong, we should always be smart enough to be able to come back and say, wow, we need to put in another turn lane or we tried to make this a through road, and it was a big mistake, or we didn't make it that. You know, Tony, the short version -- because you and I do know the details. I had some concerns on what was agreed to on Celeste. You know, that's supposed to be a road that initially the September 13, 2022 Page 62 plan was that it was a through road, a connector, you know, if you will, and some of the agreements here have that in question. What's your thoughts and do you -- you know, what are your concerns, I guess, is what I would say, if any, on this project? Because traffic was sort of the thing on my short list. They've worked through all the architectural stuff, where the palm trees go, the height, the architectural things. God love the community for working through all of that for us. But from a traffic standpoint, give us a summary of, if this project -- if we approve it as-is right now, what happens? What doesn't happen? And what's still, you know, in simmer that we have to keep an eye on? MR. KHAWAJA: Yes. Well, good morning, Commissioner. For the record, Anthony Khawaja, chief traffic operation engineer. You're absolutely correct, Commissioner, you and I worked with the community and the traffic committee for a very long time. And what I recall, they had three concerns that they wanted to be worked on. One is adding an eastbound right-turn lane approaching Collier, which the developer has proposed to do. That was a big thing for the people of Lely, because one vehicle that was going across to -- was blocking the approach, and they couldn't make right turns on red. So that was very important to them that they have an exclusive right so they can continue to make the right turns. COMMISSIONER LoCASTRO: That was important to me. I get stuck at that turn every time I go to Skillets. So it was easy to understand that problem. But -- so to take these one at time, that's been agreed to -- MR. KHAWAJA: Yes. COMMISSIONER LoCASTRO: -- a right-hand turn lane which really helps traffic flow a lot quicker. Like you said, the one person that wants to go straight is holding up 10 people, including September 13, 2022 Page 63 me, and it actually is kind of dangerous because people get really frustrated there. So that is -- (Simultaneous crosstalk.) MR. KHAWAJA: -- help the intersection -- COMMISSIONER LoCASTRO: Paid for by the developer. MR. KHAWAJA: And paid for by the developer -- (Simultaneous crosstalk.) COMMISSIONER LoCASTRO: I wanted to stress that on the record. MR. KHAWAJA: What he's proposing to do as part of his development. The other concern, they didn't want access to Celeste, and there is no access other than an emergency access that's currently proposed on Celeste, so that condition is met. They wanted work on -- COMMISSIONER LoCASTRO: But what do you think about that? You know, you're our traffic expert. We had a lot of -- and some of the things we're talking about now we've talked about. But I want the fellow -- my fellow commissioners to hear this. I also want to get it on the record. What's your thought about that? I mean, I know that that was sort of a nonnegotiable, but also, too, we want to look at the greater good and make sure if traffic is supposed to flow a certain way that a community didn't bog that down inappropriately or irresponsibly, or whatever the word might be. What's your thoughts of that? Do you think that that's something that we need to keep a close eye on and it's possible that it could -- it could lead to issues we maybe didn't discuss? MR. KHAWAJA: Definitely when the PUD was platted, that access point here on the -- was intended to be the access to that site; however, we agreed that instead we're going to give them access to September 13, 2022 Page 64 Collier Boulevard where we give them a right-in, right-out on Collier Boulevard. From a traffic point of view, from -- we'd rather have an internal access, and then everybody can use the signal, but the community did not want that, so -- COMMISSIONER LoCASTRO: But do you think it's a showstopper? Because my opinion is it's not a showstopper, but we really need to keep an eye on traffic counts there, any accidents, poor flow. I mean, we do have the opportunity to go back if we think that our guesswork didn't pan out. What is -- what are your thoughts? MR. KHAWAJA: Absolutely. From the numbers we are generating, they are not generating very high number of traffic. I think with the access they are proposing, this site should not have any issues and should work properly. The only thing I was thinking we should look at or -- when they come in for their plan review, I'm concerned with left-out. You know, like, anybody who's using this site right now has to go south on Collier all the way to Widening Cypress to make a U-turn and come back if they want to go north. I think when we review their plans, we should look at adding a right-out maybe instead of just a right-in. And we'll look at their number, we'll see how that fits in within the design. But this would allow somebody exiting the site to make a left and then be able to go north on Collier instead of going all the way south on Collier, making a U-turn on Collier, which is not desirable, and then trying to go north again. But that's the only thing I would see we should take a closer look at. COMMISSIONER LoCASTRO: Where the statues are, where the horses are, it's sort of a roundabout, although it's not really a roundabout. Do you have any concerns there? Because there was some discussions in the meetings I was in, oh, that should all be removed and a real roundabout should be put in there and the September 13, 2022 Page 65 developer should pay for the whole thing and whatnot. What are your thoughts? MR. KHAWAJA: It is a unique intersection. This is a very unique intersection. Maybe this is the only one of this type in Collier County. It is a roundabout for the turning traffic only. Through traffic does not stop. They continue to flow at normal speed, as they are not impacted by the intersection. When you look at crashes at this intersection, it's not high. You know, it operates okay. The developer's not adding a lot of traffic at this corner, so we didn't feel the need that we should make him do a lot of work here. Some days maybe the CDD or the county if, in the future, is to put a regular roundabout. Something like this (indicating) is maybe what would need to happen, but the volume is not there. The crashes are not there. It's not a high-crash location. It is -- COMMISSIONER LoCASTRO: I mean, the citizens -- MR. KHAWAJA: It's a different location. It's unique. COMMISSIONER LoCASTRO: Yeah, I hate it. The citizens had said to me that in the conversations with what you just showed, you know, this massive roundabout, I guess maybe they're hopeful for that. But one of the things that I said is, you know, we take this in a little bit of smaller chunks. We're not going to -- the county, and even the developer, we're not going to invest, you know, significant investment in totally redesigning that based on hypotheticals. I mean, sometimes you have to just -- you do have to wait and see how the traffic is flowing there and not wait too long. But would you agree it's premature to sort of have a big, major redesign right now as part of the project, that that would be required? MR. KHAWAJA: The intersection -- you know, it's a unique intersection. Why we have it like this, it's the width of that median. It's, like, 80-, 90-foot median, and they are very difficult to manage, September 13, 2022 Page 66 and that's why that mini roundabout was put in the middle to try to get people around it. COMMISSIONER LoCASTRO: Right. MR. KHAWAJA: It works. For the amount of traffic that's using the intersection, it works okay. It works very well. But it's something we should continue to watch, yes. COMMISSIONER LoCASTRO: Yeah. I was going to say, at any time -- because, I mean, I had citizens that told me, don't put in the roundabout, and then all of a sudden, you know, we hate the project. And, you know, that's not really responsible. There's so many moving parts here. We're trying to find the greater good. But would you agree that as we -- as this project, you know, moves forward, if we truly keep our eye on this intersection, if something more robust, to include a roundabout or a redesign, that option would also be there? First of all, it would have to be there, because if we were having safety or traffic issues, we would be coming to the table saying, regardless of what citizens want, we have to do something aggressive there, right? MR. KHAWAJA: Absolutely, yes. This would be like any other county road. If we have issues that need to be corrected or fixed, we would be looking at it and fixing it. COMMISSIONER LoCASTRO: Okay. So your suggestion about what you were saying about the right turn in and right turn out, although that's not part of the project now, like you said, that's something that may be in the future; that's not something we're putting into the project now. That's something, like you said, you want to keep an eye on. Citizens didn't want that. So that is one thing that's not in the project, nor is this roundabout, correct? MR. KHAWAJA: Right. Right now neither one of those are in the current proposal. COMMISSIONER LoCASTRO: Right. Okay. Well, then September 13, 2022 Page 67 that's a good thing. You know, the turn-in, turn-out is what citizens didn't want, and we're -- I suggest we keep it that way. And if there's something that is over-extenuating down the road, we can always take a look at it. That's not a big muscle movement. But the roundabout, although I know a lot of citizens wanted it, I don't -- I don't think it's a deal breaker on this particular project. And, as we were saying, we're going to watch this one closely. We can always redesign or reconstruct or, you know, adjust, you know, that intersection based on flow, traffic volume, and all -- MR. KHAWAJA: In the future, yes. COMMISSIONER LoCASTRO: Okay. What other things? Any other things? Because, really, traffic were the things that -- the citizens did a great job working through the design and that they were for the rezone and -- you know -- and this isn't -- you know, I also want to go on the record and -- before my fellow commissioners, you know, vote, this wasn't about, you know, a greedy developer that didn't want to build a strip mall and wanted to put in apartments. You know, there's already a strip mall across the street with Skillets and a bunch of other stores, some that are really struggling. You know, this is smack dab in my district. I have an outlet store right down the mall [sic] that's been vacant for a really long time. So -- and there is a lot of commercial options. You know, there's a commercial center, basically, within a long walking distance of this entire community. So this is one of those cases where, you know, it's not just about, like, hey, I own commercial property, and I want to rezone it to residential because I want to build a 10-story apartment complex. This is something totally different. And it was really the citizens that realized that and said, you know, throwing in a strip mall that's going to have, you know, stores that maybe go out of business every six months or that we don't need or that aren't the high quality that September 13, 2022 Page 68 match our Lely community, we think this is actually a more cohesive, you know, fit. So, you know, I want to be clear there. It wasn't about banging on tables and saying every piece of green space needs to go residential because it makes the developer more money. This was really about putting something in here that works. And not everyone might agree. But also, too, I would tell citizens, that's why you vote for people on your board and you make sure they're representing, you know, you properly, because their voice does matter. They're the ones that are meeting for hours with the developer. Okay. Tony, anything else? Because you and I will continue to work very closely on this if this is approved, because it's not done when we vote. It's not even done when we cut the ribbon on whatever gets put there. We want to continue to look at the footprint and make sure traffic flows smoothly and safely. You know, unlike all the work you and I have been doing on St. Andrews, you know, that's an example of you can't really undo some of the things that were done there that maybe, arguably, you know, could have been better or whatnot. That's a totally different argument. This is totally different, that we do have the opportunity to reattack the traffic movement in this area based on how the development goes and how traffic flows after as things progress over the years and whatnot. So -- and you agree, correct? MR. KHAWAJA: I agree, yes, for sure. And, you know, like you said, residential is half the amount -- less than half the amount of traffic of commercial development. COMMISSIONER LoCASTRO: Right. MR. KHAWAJA: So in terms of traffic, this should be much better. COMMISSIONER LoCASTRO: But when we put in this -- if it passes, when we put in this residential community, traffic flow will September 13, 2022 Page 69 increase because, I mean, there will be quite a bit more cars there. And it's hard to determine exactly if the roundabout is the, you know, magical solution. And I certainly wouldn't want us as a county to invest any dollars in something that was a "nice to have" but not a "must have," but we'll keep a close eye on that. But as it sits right now, as that, you know, quote-unquote, roundabout exists right now, you feel, as our traffic expert, that if that residential community is built there and we agree with the Planning Commission and approve it, that the roads as-is and as-will-be designed will be sufficient and safe enough to move forward? MR. KHAWAJA: Yes. COMMISSIONER LoCASTRO: Okay. MR. KHAWAJA: Yes, for sure. COMMISSIONER LoCASTRO: Okay. Great, okay. Thank you. And thanks for all the work. You know, there's been a lot of behind-the-scenes work. You know, this may not be a -- you know, a thousand-unit housing development but, man, the hours that people have spent and the meetings that we've had have just been, you know, valuable, valuable. That's why you get to a point here where I don't -- I would hope there's not going to be a whole lot of discussion here and if there is, great, hopefully we're making the project better. You know, thank you so much for what you've done. And to the citizens of Lely who spent countless hours meeting with the developer and getting all these tough questions answered and coming to the table as really a collective team is impressive. And so more communities, I think, could take a page out of this playbook. MR. KHAWAJA: Thank you, sir. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I think we all got a letter from Susan Vicedomini. I believe that's how you pronounce her September 13, 2022 Page 70 name; is that correct? MR. YOVANOVICH: I have no idea -- COMMISSIONER LoCASTRO: Susan. MR. YOVANOVICH: -- how to say it. Susan is the name I know. COMMISSIONER TAYLOR: She's the Lely Resort Master's president. And you and I spoke about many of these issues, but I wanted to put on the record, because that was No. 3, that she wants to make sure that you have committed to adding a dedicated right-turn lane on Grand Lely Drive at the intersection of Collier, and I know you have. But this will improve traffic; however, the row of mature Royal Palms will be affected, and she wants to make sure that you are required to transplant or replace in kind these Royal Palms. And so I -- we spoke about this, but I told you that I was going to bring this up. MR. YOVANOVICH: Yeah. And what I said is if we can move the Royal Palms, we will. It will obviously depend upon what's below the surface. So if Royal Palms can be transplanted where they are, fine. If not, then we'll coordinate appropriate landscaping at that entrance, and it will be both on the north side, too, so it looks appropriate. COMMISSIONER TAYLOR: Thank you. COMMISSIONER LoCASTRO: You know, I just did want to add, I went out there yesterday -- COMMISSIONER TAYLOR: I'm not finished. I'm not finished. COMMISSIONER LoCASTRO: Oh, I'm sorry. COMMISSIONER TAYLOR: So then the other question I had was about the interconnection from the development to Celeste. MR. YOVANOVICH: Right. September 13, 2022 Page 71 COMMISSIONER TAYLOR: And I know the neighbors were very clear what they want, but I can tell you I was encouraged by Mr. Khawaja's remarks that if this -- down in the -- in the future this may be -- there may be an option where there is a right-out as well as a left-out, but that it is being preserved right now for any kind of emergency vehicles. MR. YOVANOVICH: Yes, Celeste has a commitment to emergency access from the project. COMMISSIONER TAYLOR: Okay. So just as a point -- and I'm going to just digress just a little bit here. These interconnections in the history of our planning in the county are critical for us to help maintain our roads which cannot be expanded anymore as we grow. And I'm just going to put that on the record. But I was encouraged that there's a little bit of future consideration; that it's not totally a closed book, but it's clearly a closed book for right now. Did you hear that? MR. YOVANOVICH: Yeah. I mean, I just wanted to make sure you were talking about Celeste, correct? COMMISSIONER TAYLOR: Yes, Celeste. What we don't want is for 951 to become another Pine Ridge. That's what we don't want. That is a road that carries traffic very effectively, and that's all I'm going to say. But thank you very much. Everything else we discussed. I have checks on all of her concerns. So thank you. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: So a couple of questions for Tony. Oh, there he is. He's up front, yeah, yeah. Just a couple of questions. And this is one of these situations that concerns me because we have a traffic plan. There's a PUD that's proposed, that's approved. Celeste originally was intended as a collector to get -- and I want to make sure I understand it right. If this property was C-3, then it would be a collector, and it would take September 13, 2022 Page 72 people from the existing neighborhoods to the west to the C-3 and to the commercial plaza south of there, right? I mean, it was -- MR. KHAWAJA: That is correct. To take you to Triangle, yes. COMMISSIONER SOLIS: And that -- and that alleviates some of the traffic on 951. And if it was -- if it was developed as C-3, I mean, that's the way it would be approved, with a connection to Celeste, right? So my only concern is is that Celeste was intended as a collector, but now it's not going to be a collector. We're going to push all the traffic to 951. And I just want to make sure I understand that what you're saying is because the intensity is -- we're essentially downzoning the property, that the pushing the traffic onto 951, you feel confident that that's not going to create an issue, and then we're going to have everybody saying, wow, the traffic on 951's really bad. Because we -- you see what I mean? We keep -- we keep making these plans and then changing them based upon comments from the neighbors when it's part of a much bigger plan. MR. KHAWAJA: Yes. I mean, we're always listening to our community and see what their concerns are. The amount of traffic that they generate with an exclusive right on Collier to allow -- to allow people to move over and turn into the development and a right-out I don't think will be a huge impact on Collier Boulevard. Especially with the signal just to the north, they'll be making that -- a lot of these turns on the gaps when the light is red. So I think it should be okay. It should not be any impact on Collier Boulevard. COMMISSIONER SOLIS: Okay. How far is the distance from the right-out to where they would take a U-turn? What's that -- I mean, it was a lot farther than I thought it was. MR. KHAWAJA: It's going to be approximately .7 miles, a September 13, 2022 Page 73 little more than half a mile. So it's a long distance, especially if you have to come back and go north. So that's -- COMMISSIONER SOLIS: Right, it's one point -- MR. KHAWAJA: From the intersection, just to be clear -- COMMISSIONER SOLIS: Right. MR. KHAWAJA: -- because that's the one I measured. From the intersection it's a mile and a half. So it's .75 south from the intersection of Grand Lely, not from their entrance, and then .75 back north, so it's one-and-a-half miles. COMMISSIONER SOLIS: And in your conversation with Commissioner LoCastro about in the future if there's some issue there at Grand Lely, we can come back and put in a right-out at Grand Lely, how does that work? I mean, this is a PUD. How would we come back later and change that, if needed? MR. KHAWAJA: Well, that's -- that's something that -- you know, a part of the ordinance that would have to be revised. COMMISSIONER SOLIS: That's going to be written into the PUD? MR. KHAWAJA: Because right now it's a right only. COMMISSIONER SOLIS: Right. But, I mean, if in the future -- and maybe Mr. Yovanovich -- I mean, I appreciate that, and I think that's a wise thing to do to say, okay, if the reality of it is we need a right-out, there will be a right-out in the future, is that going to be in the PUD ordinance, or are we just going to snap our fingers, and it's going to happen? MR. YOVANOVICH: Well, I would think we would need to modify what's in front of you because right now it says right-out only. I think we'd have to take that limitation out. And then I thought what Tony wanted was during the design of the project to determine whether he thought it would be a need for right-in, right-out basically at this point or at least plan for it. September 13, 2022 Page 74 COMMISSIONER SOLIS: Right. MR. YOVANOVICH: But the one modification we would have to make -- not saying that that means we'll do a right-in, right-out, but if we leave it right-out only, then we have to come back and do a PUD amendment to allow for that right-out. Because right now we have a right-in only. COMMISSIONER SOLIS: So my question is -- right, if -- Tony, if you feel that that's -- that we need to do that, then who's going to be in charge of making sure that a PUD amendment happens? MR. YOVANOVICH: Well, I would -- COMMISSIONER SOLIS: I mean, I guess that would be -- MR. YOVANOVICH: I personally would think the simpler thing to do is just take out that prohibition. Then we can react quicker to the design and construction change that needs to happen. COMMISSIONER SOLIS: Okay. I'm just -- again, I don't -- however it needs to be done, I think we need to reflect that there is some thought to this. In the future we might have to do this. MR. YOVANOVICH: Either way -- COMMISSIONER SOLIS: I'm not trying to change the terms of what the Planning Commission raised, but -- MR. YOVANOVICH: Whatever's the pleasure of the -- COMMISSIONER SOLIS: It just seems like there's a -- MR. YOVANOVICH: -- Commission. If we have to come back and amend the PD -- I'm sorry -- PUD, we'll have to come back and amend the PUD. And I'm assuming we'll get approved to do that, but -- COMMISSIONER SOLIS: Okay. I just want to make sure that the county staff is comfortable with the way that's going to happen, because it seems a little gray to me. MR. KHAWAJA: Well, it depends how the Commissioners September 13, 2022 Page 75 feel. It would be nice to have the option if -- you know, like, make it a right-only but don't restrict it to a right-only. COMMISSIONER SOLIS: Would that -- COMMISSIONER TAYLOR: A nonrestricted right-only? MR. KHAWAJA: Don't restrict it to right only. You know, allow -- in case a change for a right out is needed in the future, that we don't have to come back and amend the PUD. MR. KLATZKOW: Do you want the PUD to reflect that you'll have the decision at the time? MR. KHAWAJA: Yes. I think that's -- MR. KLATZKOW: So we'll change the PUD so that it will be Transportation staff's decision as to the turning mechanisms. CHAIRMAN McDANIEL: Commissioner LoCastro's lit up. I have an opinion. I'll wait until everybody's done. COMMISSIONER LoCASTRO: No, go ahead. CHAIRMAN McDANIEL: But I'm not understanding -- and, again, I wasn't privy to the community meetings and nearly as intimate as you are, but our traffic engineer is telling us that a right-in, right-out on Grand Lely Boulevard is a good idea and reduces the amount of traffic on 951 and a U-turn and so on and so forth. Why wouldn't we just say let's do a right-in, right-out on Grand Lely Boulevard now? Then we don't have to come back and flip a coin and amend the PUD and do all that. Was there that much consternation by the community about a right-in, right-out? COMMISSIONER LoCASTRO: I would ask Mr. Yovanovich. CHAIRMAN McDANIEL: Whose idea was it to only do a right-in? MR. YOVANOVICH: I think the main concern was make sure we did that dedicated right turn. CHAIRMAN McDANIEL: Right. MR. YOVANOVICH: That, I would say, was a large September 13, 2022 Page 76 percentage of that -- the right-in, right-out we volunteered primarily because we weren't -- we didn't think that Tony would think we could make the right-out fit. So if right-in, right-out will fit, that -- we presented right-out only because we didn't -- I'm sorry, right-in only because we didn't think we could fit both with the lane we were building and getting closer to the -- whatever that traffic movement is. CHAIRMAN McDANIEL: I think you'll be okay with a right-in, right-out. MR. YOVANOVICH: We would -- I don't think the community was that worried about a right-in, right-out at that location. It was, primarily, make sure we got that extra turn lane. CHAIRMAN McDANIEL: Yes, absolutely. MR. YOVANOVICH: And we got the access onto Collier Boulevard. CHAIRMAN McDANIEL: I think Commissioner Solis framed it best is that, you know, sometimes we get to making decisions after the fact. If this was going to be a commercial piece of property, Tony's already shared with us it would be twice the amount of traffic that a -- and, by the way, they still can do commercial here. All we're doing, necessarily, is adding a potential use for a residential use, which is 50 percent of the C-3 that's currently underlying. And if the C-3 were going forward, they wouldn't be here talking to us. There would be ingress/egress over on Celeste and so on and so forth. So all that notwithstanding, it would be my vote that if we do, in fact, approve this, that we have it solidified now, because some day somebody else will have another opinion, that there is a right-in, right-out on Grand Lely Boulevard. Boom. MR. YOVANOVICH: Assuming it's safe, and we can design it that way. I know that was a -- CHAIRMAN McDANIEL: Of course. If it fits. I'm not September 13, 2022 Page 77 certainly suggesting that we do anything unsafe, and we're still going to have the right-in, right-out down on 951 to the southern end, and we're going to keep Celeste protected for emergency access only for today. So that's my opinion. Commissioner LoCastro, sorry for jumping in in front of you. COMMISSIONER LoCASTRO: No, this is a really healthy discussion. You know, one of the things that I always say at all of the meetings that we've had is, you know, we can do anything, but we can't do everything. And so as Mr. Yovanovich said, that right turn lane onto Collier was, like, a deal breaker, I mean, you know -- and so putting that in there then affected a bunch of other things that were nice-to-haves but then maybe didn't fit perfectly. But I agree with my colleagues. You know, I want to have the easiest option down the road. But I will also say, if we ever saw some serious safety issue, that trumps everything. So if something's not perfect in the PUD or something's not written properly, I would hope that we'd be able to come into this room here and say, wow, we just discovered something where we had 10 accidents a week and, you know, we have to jump on this quickly, and then we would take action. You know, maybe that's not the best course of action here, like you say, maybe doing something a lot more proactive. But I think the bigger heavy-lifting issues were agreed to, which was the right-hand turn onto Collier and a few other things. But I think anything that we can put in there that both sides agree to -- I mean, we've got representation here from all sides -- that makes it easier to make some adjustments. There's certainly some developments that have happened in the past that some of that latitude and some of those adjustments in writing would have made September 13, 2022 Page 78 things a lot easier. So do you all have objection to -- MR. YOVANOVICH: No. COMMISSIONER LoCASTRO: -- adding that latitude in there? MR. YOVANOVICH: That's fine. I think I have some proposed language that would do that. Depending on if there are any public speakers or not, I can bring it up. COMMISSIONER LoCASTRO: Let me throw another monkey wrench into the equation here. Do you have any objection throwing verbiage in there about a possible future roundabout should traffic become an issue or some sort of adjustment? So I hate to just use the word "roundabout" because it makes it sound like -- there's lots of things that could be done. So it's not just this or that. What's your thoughts to putting something in there so that we don't -- we don't make this a closed book, that we leave some openings? MR. YOVANOVICH: We committed at all of the neighborhood information meetings that should there need to be revisions to whatever this thing is actually called, we would -- we would pay our proportionate share towards that improvement. COMMISSIONER LoCASTRO: Is that in writing? MR. YOVANOVICH: We've said it. We'll put it in -- yes, I believe it's in -- let me confirm that. COMMISSIONER LoCASTRO: I would like that put in there that if in the future an adjustment -- and maybe it's not as responsible to just say "roundabout," because it makes it sound like that's the approved solution. Tony and his team will decide or give us a strong recommendation of what could go there. You know, you saw in his graphic that big, giant circle. I'm not sure that fits. But I'd like to see language in there, if you will agree to it, to leave that open door, like my colleagues are saying, so that if we have to come back here and make adjustments, we're not -- we're not September 13, 2022 Page 79 starting and having a big fight as to, well, we didn't agree to that, and we didn't agree to pay for part of it, and that sort of thing. MR. YOVANOVICH: We've said it in public meetings. We're saying it here. We're happy to add a condition that says we'll pay our fair share for the modifications at -- whatever Tony tells me that thing is, we'll add it to -- we'll add it to the -- CHAIRMAN McDANIEL: The intersection of Grand Lely and Celeste. MR. YOVANOVICH: Perfect. COMMISSIONER LoCASTRO: Yes. And I know that there's some citizens that are probably watching right now and banging on tables and saying, the roundabout's a must; it's a must. You know, this is all about compromise. So it's great to say, you know, well, if we don't get the roundabout, then this entire thing is a deal breaker. That's irresponsible. I mean, there's so many things that have been agreed to here, so many changes that have been made, so much teamwork involved. And, you know, making that a definite type of thing this early on, I think, is not a requirement. And I think we all agree. But having that language in there -- MR. YOVANOVICH: We're happy to put that in there. COMMISSIONER LoCASTRO: Okay. MR. YOVANOVICH: We've said it. We'll -- COMMISSIONER LoCASTRO: I do want to say one thing about the Royal Palms, because I got the same emails that Commissioner Taylor got. I went out there yesterday because I go through there a lot. I'm not sure as many Royal Palms are going to have to come out as sort of the emails make it sound like. One of the things about that entrance is right now every Christmas they put lights around it, and it really creates a very formal entrance that they're proud of, and they should be. What they don't want to see is an unbalanced type of entry. September 13, 2022 Page 80 MR. YOVANOVICH: Sure. COMMISSIONER LoCASTRO: But when I sort of took a look at it -- I mean, I don't have Tony's expertise on traffic. But when I kind of visualize what the cutout would be for the right-turn lane, I don't know that all those Royal Palms get taken out. So I don't know if you've got a comment. Maybe this isn't the -- you know, worthy of a longer discussion, you know, tree movement. But I liked what you had to say, we'll see what comes out there, and we'll make the community cohesive when it comes to landscape and Royal -- and there again, we might not be able to get everything. I mean, you can't physically put a palm in the middle of the road. So if that's not physically possible -- but I think you've all had those conversations. MR. YOVANOVICH: We want a very beautiful project. COMMISSIONER LoCASTRO: Okay. MR. YOVANOVICH: And that entrance is important. COMMISSIONER LoCASTRO: Yeah, absolutely. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: I just want a real quick comment in terms of the right-in and right-out potential on Grand Lely. I think there should be a right-out permitted, so I agree with Commissioner Solis and Commissioner McDaniel on that. Having a lot of -- well, it wouldn't be a lot of traffic, but having traffic out there having to go down Collier Boulevard and then make a U-turn, that's pretty disruptive. It's a high-speed road, so I would rather see -- MR. YOVANOVICH: I agree. COMMISSIONER SAUNDERS: -- all those residents being able to make a right out on Grand Lely. I don't see why it wouldn't fit. I know you were talking about it may not fit there. MR. YOVANOVICH: We'll work with Tony. September 13, 2022 Page 81 COMMISSIONER SAUNDERS: If you could make it fit, I think that's the way to go. I'd like some language in the PUD to permit that. MR. YOVANOVICH: Okay. And we have some suggested language, if it's okay with Tony. If you want me to read it into the record, I can or -- COMMISSIONER SAUNDERS: I trust you. MR. YOVANOVICH: You trust us? CHAIRMAN McDANIEL: It will be a condition of the approval if, in fact, this goes forward. Commissioner Taylor -- are you okay, Commissioner Saunders? Forgive me. COMMISSIONER SAUNDERS: Yes. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. And this -- I discussed this with Mr. Yovanovich, but I want to put it on the record for consideration, not any other way, and that's your stormwater and the comment in one of the NIMs that you indicated that the stormwater would be probably put vaulted underground. This is the beginning of Miami development, gentlemen, because when you can't -- when you don't have room to put it above the ground, you put it underground which gives you more opportunity to make it more dense above the ground. So look at what -- during these next few months, look at what has been done and look what's coming. And if you want to see what it looks like, really looks like, go to the corner of U.S. 41 and Goodlette Road with that development there. That's all vaulted underground, and across the street that is all vaulted underground. If this is where we're headed, then so be it. If it's not where we're headed, then I think we could possibly work to modify this a little bit, which would create more open space. September 13, 2022 Page 82 Thank you very much. CHAIRMAN McDANIEL: Public comment. I think we're done with the Board of County Commissioners for now. MR. MILLER: Thank you, Mr. Chair. We have three registered speakers. All of them will be joining us on Zoom today. Your first speaker is Timothy Allen, and he will be followed by Jan Face Glassman, and then by Gae Lennox. Mr. Allen, I see you're there. You have three minutes, sir. Hold on a second. I seem to be experiencing a problem here. Let me see if it's something on my end. No. Mr. Allen, are you there, sir? (No response.) MR. MILLER: Mr. Allen, are you with us? (No response.) CHAIRMAN McDANIEL: I am not hearing him. Let's try to come back to him. Let's go to Jan Face Glassman. Jan, are you with us? (No response.) MR. MILLER: You are being prompted to unmute yourself, Ms. Glassman. MS. GLASSMAN: I'm unmuted, I believe. MR. MILLER: Yes, you are. Ms. Glassman, you have three minutes. Please begin. MS. GLASSMAN: Thank you. And hopefully Tim will be able to jump in after me. MR. MILLER: Okay. Hold on a minute. She was just muted for some reason. MS. GLASSMAN: Hello? MR. MILLER: There you are. Go ahead. MS. GLASSMAN: Okay, thank you. We have concerns about the traffic. And I have dealt with September 13, 2022 Page 83 Tony on a number of issues, so I know that he is aware of this, and I certainly appreciate his input. With not having the left-turn entry into the apartments coming north on 951, that will drive considerable traffic onto Grand Lely at that left turn and more traffic onto that turn on Celeste for people making U-turns on Grand Lely. So I would like to have that roundabout reconsidered. It's something we've talked about in the past. The way that works right now, there have been near misses of head-ons with people turning into it. I think it's going to be worse as people try to make U-turns on there. So without the left turn going north on 951, I think that the roundabout needs to be reconsidered. The other thing is that that is a short distance going down Grand Lely where that third lane is being added, and we certainly appreciate the developers adding that, but the conversation about only having an entrance there into the apartments but not an exit was because it's a short distance, and there will be people going down Grand Lely to make that right-hand turn onto 951. For anybody coming out, they're going to be crossing two lanes to make that left-hand turn onto 951 north. It's an immediate problem. There's going to be accidents there. I can see it. Almost immediately. So I would like that not to be changed to a right turn onto Grand Lely, and I would appreciate that it not be removed, that right now that is only an entrance, and that the community would definitely have a conversation if that exit were going to be put in there. As far as the Royal Palms, I would have a concern on the way that this is reading. I understand moving the Royal Palms could be difficult, but to say that if they have to take down the Royal Palms on the south side they will put in appropriate landscaping on the north side and the south side I don't think is specific enough because both September 13, 2022 Page 84 entrances -- or all the entrances to Lely Resort have those Royal Palms. So I think that, in some way, there need to be mature palms put in that match on both sides. It can't be just be "appropriate landscaping" in the wording. Another thing that we would need at Grand Lely and Celeste is a crosswalk, because we figure people from the -- that apartment complex will take advantage of walking across and walking the neighborhoods, and there is no safe way to cross that road there right now, because that's where I walk, so we would ask that a crosswalk be put in at Celeste crossing over Grand Lely. So there will be more foot traffic, and that could be an issue. Let me see. What else did I have on here? I'm going to let Tim talk to some of this, but -- CHAIRMAN McDANIEL: Ms. Jan, your three minutes are up. MS. GLASSMAN: Okay, thank you. CHAIRMAN McDANIEL: Thank you. MR. MILLER: We're going to try Timothy Allen again. Timothy, I see you there. Can you hear us? Can you speak for me, sir? MR. ALLEN: Yeah. Can you hear me now? MR. MILLER: Yes. You're very faint. I'll raise you up as loud as I can on my end. MR. ALLEN: Okay. I'm sorry. I had to change over to my computer audio -- or computer microphone. Yeah. So the board has met, the master property owners association board has met with the developer. We're in favor of this rezoning; however, we do want -- you know, there are a couple of contingents that we did have which we want to make sure are entered in. One is that the exterior design be reviewed and approved by the Master Architectural Review Committee and the fully landscaped September 13, 2022 Page 85 berm along Celeste to act as additional barrier. The other ones have all been addressed in the presentation. But we want to additionally have the community participate in the LCDD because of the water. If they use well water, that has significant rust in our area, and it would -- it would cause some beautification issues, especially if the sidewalks and buildings become covered with that rust. So we'd want the water for irrigation to come from the LCDD and them to participate in the LCDD. And then the last one is, as Penny described, the drainage. We want the on-call consulting engineer for the master association to review any plans for that drainage because we already are having difficulties within the Olé community. So we want that addressed as well. And I think all the rest of the major concerns around traffic have been addressed by Jan. CHAIRMAN McDANIEL: Thank you, sir. MR. MILLER: Mr. Chairman, your final speaker on this item is Gae Lennox. Ms. Lennox, you're being prompted at this time to unmute yourself. If you'll do so at this time. Let's see. I do not see her unmuted yet. Ms. Lennox? MS. LENNOX: Okay. MR. MILLER: There you are. You have three minutes, ma'am. MS. LENNOX: Okay. Thank you. My name is Gae Lennox. I live directly across the street from this project. I do want to say one thing, and that is that with the allowance of residential use on the commercial property, that means that it will only be residential. It cannot be both commercial and residential. I just wanted to make that clear. I think that Mr. Sawyer addressed that; it cannot be both. September 13, 2022 Page 86 I want to be sure of that. I also agree with Jan; no right turn onto Grand Lely. It will really create a big mess. For those who want to live in that apartment -- beautiful apartment that they're building, if they need to go down and make a U-turn and it takes them an extra mile, that's their choice to live there with that, but I don't see where the rest of us really need to suffer with the traffic because of this apartment building. I also want to know how the construction equipment is going to get into that lot. Are they going to be coming down Celeste? Are they going to use 951 to come in or Grand Lely? I would like that question answered. Thank you. CHAIRMAN McDANIEL: Thank you. MR. MILLER: And that was all your speakers. CHAIRMAN McDANIEL: Public hearing -- now, County Attorney, I didn't call for ex parte from our board. I didn't violate any major rules by doing that yet. We haven't voted. MR. KLATZKOW: You may as well do it now then, yes. CHAIRMAN McDANIEL: I mean, we're not out of Hoyle with the hearing or anything in that regard? MR. KLATZKOW: No. We're not going to go to jail for this. We're good. CHAIRMAN McDANIEL: I don't want to go to jail. Not today. COMMISSIONER SAUNDERS: We could start the hearing all over again. CHAIRMAN McDANIEL: Yeah. We're not going to go there. Commissioner Taylor, do you have any ex parte, by the way? COMMISSIONER TAYLOR: Yes, I do. I have meetings, I September 13, 2022 Page 87 have emails, and I have phone calls. CHAIRMAN McDANIEL: Thank you. Commissioner Saunders. COMMISSIONER SAUNDERS: I have the same. CHAIRMAN McDANIEL: And I have the same as well. COMMISSIONER LoCASTRO: I have the same plus some correspondence. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Yes. I met with Mr. Yovanovich. I've gotten letters and emails and calls from constituents as well. CHAIRMAN McDANIEL: Forgive me. I just -- I had a note on it, and I should have called for that in advance. So other than that, I have no other -- no other commissioners that are lit up with any kind of questions. COMMISSIONER LoCASTRO: I'll light up. CHAIRMAN McDANIEL: And you're going to light up. Commissioner LoCastro's going to. COMMISSIONER LoCASTRO: Well, I mean, the callers bring up some valid points. And, Mr. Yovanovich, I'd like to, you know, hear your reply and, Tony, jump in as well. First of all, there was a long laundry list of demands, so I don't want anybody to get the impression that the three things you just heard are nonnegotiable and kill the whole project. This developer and the residents have agreed to a lot of things that we don't have to debate here, and the Planning Commission didn't have to debate because everybody was on the same sheet of music. These are sort of the leftover things, but they do have merit. So one of the things I wanted to say since, you know, Ms. Glassman brought it up. The crosswalk, I don't disagree that there's going to be a lot of traffic, you know, back and forth and, you know, we want people to be able to do it safely. September 13, 2022 Page 88 I didn't do as deep of a dive on traffic analysis as your team does, Tony, but I think it's important for us to hear here -- and, you know, granted, we don't need a two-hour discussion on palm trees and, necessarily, a crosswalk, but at least to make a comment on, is that a portion that should be included in writing? It fell out for some reason? It doesn't fit? You know, that's other thing. We have citizens that came up with a lot of great ideas, but Tony was the first person to say, hey, some of -- all this stuff doesn't fit. So I can't -- I know you all wanted it, but it doesn't fit. Talk about the crosswalk. MR. YOVANOVICH: Obviously, we will be happy to paint a crosswalk. I don't know too many PUDs where I put in a specific stipulation to do that. That's usually something that's been reviewed with Transportation as we're doing our Site Development Plan. So fine, we'll be happy to put in a crosswalk where appropriate. COMMISSIONER LoCASTRO: Okay. And there again, you know, not that nobody trusts anybody, but if we all get hit by a truck tomorrow, I'd like that in writing that it's part of the agreement that -- to put that in there. MR. YOVANOVICH: If we need a condition that says we're going to put in a crosswalk in the PUD, we'll put in the condition. COMMISSIONER LoCASTRO: Okay. And then the question about where trucks will traverse. That's always a big -- a big question. Just to get it on the record here. Not that you have a crystal ball -- and sometimes it's a little bit of everything, depending on who's coming in here. But have those conversations happened yet as -- MR. YOVANOVICH: We envisioned our construction access would be off of Collier Boulevard unless Tony tells me he wants it somewhere else. COMMISSIONER LoCASTRO: Yeah. I mean, that's what I September 13, 2022 Page 89 expected. But I think, you know, if citizens observe something otherwise where, you know, smaller roads are being used because it's a little bit of a shortcut, we've got to jump on that quickly, because the expectation is Collier Boulevard should be sort of the main thoroughfare, unless there's sort of a special unique case. I would hope. I would expect. So I just want to make sure the developer's, you know, aware of that and doesn't take a bunch of shortcuts. MR. YOVANOVICH: We already have in there that we'll be using the CDD's irrigation water as long as it's not cost prohibitive to extend it to the property. It's already in the PUD. COMMISSIONER LoCASTRO: Okay. That's all I have. CHAIRMAN McDANIEL: Is there a motion for approval? COMMISSIONER LoCASTRO: Yeah. I'd like to make a motion for approval, if no one has any objections or questions. CHAIRMAN McDANIEL: I'll second it. COMMISSIONER LoCASTRO: All in favor? CHAIRMAN McDANIEL: Any other discussion? (No response.) CHAIRMAN McDANIEL: It's been moved and seconded that we approve the project and with the provision of the right-in, right-out on Grand Lely. COMMISSIONER LoCASTRO: Absolutely. And a few other things we want to put in writing. CHAIRMAN McDANIEL: Of course. MR. YOVANOVICH: I've just got -- can I just make sure I don't miss anything? CHAIRMAN McDANIEL: And by the way, Ms. Terri's writing down everything, so your concerns about it being in writing are right there forever. It's been moved and seconded that we approve the project with September 13, 2022 Page 90 those stipulations. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: 5-0. Congratulations. MR. YOVANOVICH: Thank you. CHAIRMAN McDANIEL: Do you have anything you can do in 13 minutes? MS. PATTERSON: Chairman, I would recommend that we take the jail laundry renovations. I believe we have members from our Sheriff's Department here -- Sheriff's Office. That's a quick item we can take before lunch, then we'll pick back up with our other advertised public hearing after lunch. Item #11D AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 22-7959R, “COLLIER COUNTY JAIL LAUNDRY RENOVATION,” TO ONESOURCE CONSTRUCTION COMPANY & BUILDERS, INC., IN THE AMOUNT OF $2,094,550 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT - MOTION BY COMMISSIONER TAYLOR TO APPROVE; SECONDED BY COMMISSIONER SAUNDERS – APPROVED September 13, 2022 Page 91 MS PATTERSON: So that would bring us to Item 11D, formerly Item 16C5. It's a recommendation to award construction Invitation to Bid No. 22-7959R, Collier County Jail Laundry Renovation, to One Source Construction Company and Builders, Inc., in the amount of $2,094,050 -- I can't do math -- and authorize the Chairman to sign the attached agreement. CHAIRMAN McDANIEL: I think you're doing good; I think you're doing good. Do we need to have a report on this or just have a discussion after -- or during the approval process that we develop some policy with regard to where things are? MS. PATTERSON: It's simply on the regular agenda because of the dollar amount. CHAIRMAN McDANIEL: I understand. MS. PATTERSON: We can have the staff just give you a one-minute synopsis or nothing if you are comfortable. CHAIRMAN McDANIEL: I don't really need anything other than -- COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. CHAIRMAN McDANIEL: It's been moved that we approve this and seconded. And for discussion purposes, I would like policy developed for the dollar amounts to not be from a verbal comment of a commissioner from years gone by. I would like it to be -- and us to develop policy so we don't have this again. MS. PATTERSON: Agreed. We plan to discuss that on communications this afternoon. CHAIRMAN McDANIEL: It's been moved and seconded for approval. Any other discussion? (No response.) CHAIRMAN McDANIEL: It was a great report, by the way. MR. SUREAU: Thank you. September 13, 2022 Page 92 CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Do you want to take -- CHAIRMAN McDANIEL: Have you got another one? MS. PATTERSON: -- another one? Item #11A AN AGREEMENT FOR THE PURCHASE OF SIX TRACTS OF LAND (PARCELS 114FEE, 115FEE, 116FEE, 117FEE, 118FEE, AND 119FEE) REQUIRED FOR CONSTRUCTION OF THE LAKE PARK FLOW WAY (PROJECT 60246). ESTIMATED FISCAL IMPACT: $1,857,500. THE SOURCE OF FUNDS IS STORMWATER BONDS - MOTION BY COMMISSIONER TAYLOR TO APPROVE; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: At your pleasure, we can move on into the 10s or we could take the -- perhaps the best way would be maybe to take the flowway item for stormwater. That's Item 11A. This one does require -- I'm going to read it in. This one requires a supermajority vote. This is a recommendation to approve an agreement for the purchase of six tracts of land required for construction of the Lake September 13, 2022 Page 93 Park Flowway Project 60246, estimated fiscal impact $1,857,500. The source of funds is Stormwater Bond Funds. And Ms. Beth Johnssen, your director of Capital Project Planning, Impact Fees, and Program Management, will present or answer questions. MS. JOHNSSEN: Good morning, Commissioners. As County Manager Patterson said, I'm prepared to -- CHAIRMAN McDANIEL: Onto the mic. Move onto the mic. MS. JOHNSSEN: I'm prepared to do a presentation or to answer any questions that you have. CHAIRMAN McDANIEL: I got all my questions answered yesterday. Does anybody -- COMMISSIONER TAYLOR: I'd like to move approval. CHAIRMAN McDANIEL: It's been -- it's been moved -- and I'll second. It's been moved and seconded for approval. Is there any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. MS. JOHNSSEN: Thank you. CHAIRMAN McDANIEL: Another really good report, Dear Beth. MS. PATTERSON: Commissioners, 11B is the Hussey property. I believe there's going to be some discussion on that one. Item #11C AWARD INVITATION TO BID (ITB) NO. 22-7981, NORTH September 13, 2022 Page 94 COUNTY REGIONAL WATER TREATMENT PLANT STORAGE BUILDING (PROJECT NO. 70136), TO ONESOURCE CONSTRUCTION COMPANY & BUILDERS, INC., IN THE AMOUNT OF $1,242,797, AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT - MOTION BY COMMISSIONER MCDANIEL TO APPROVE; SECONDED BY COMMISSIONER SOLIS – APPROVED MS. PATTERSON: If we'd like to hop down to Item 11C, this is another item that appears on the agenda because of the dollar amount. This is a recommendation to award Invitation to Bid No. 22-7981, North County Regional Water Treatment Plant storage building, Project No. 70136 -- I have to slow down, sorry -- to One Source Construction Company and Builders, Inc., in the amount of $1,242,797, and authorize the Chairman to sign the attached agreement. Mr. Matt McLean, your Public Utility Engineering Division Director, will present or answer questions. MR. McLEAN: Good afternoon -- or good morning, soon to be afternoon, Commissioners. There was a presentation that was along with the agenda. And with you I'm here to answer any questions that you may have. Matt McLean, the Engineering Project Manager Division Director. CHAIRMAN McDANIEL: We have no follow-up questions, so I'll make a motion for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve as presented. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. September 13, 2022 Page 95 COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MR. McLEAN: Thank you. CHAIRMAN McDANIEL: Want to go to lunch? MS. PATTERSON: I think. CHAIRMAN McDANIEL: All right. With that, we'll go to lunch. Be back at 1:00. How's that? MS. PATTERSON: Thank you. CHAIRMAN McDANIEL: Give you an extra nine minutes for lunch. (A luncheon recess was had from 11:51 a.m. to 1:00 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: Mr. Chair has a live mic and turned his back to everybody. Sorry about that. All right. Let's -- are you keeping track of where we're at? MS. PATTERSON: Of course, I am. Absolutely. CHAIRMAN McDANIEL: Because I have gone in circles. Item #9B AWARD INVITATION TO BID (ITB) NO. 22-7981, NORTH COUNTY REGIONAL WATER TREATMENT PLANT STORAGE BUILDING (PROJECT NO. 70136), TO ONESOURCE CONSTRUCTION COMPANY & BUILDERS, INC., IN THE AMOUNT OF $1,242,797, AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT - September 13, 2022 Page 96 MOTION BY COMMISSIONER MCDANIEL TO APPROVE; SECONDED BY COMMISSIONER SOLIS – APPROVED Item #11G DIRECT STAFF TO BRING BACK AN AMENDMENT TO ORDINANCE 2013-57, THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT TO ADDRESS AN EXPRESSED CONCERN FOR PUBLIC SAFETY REGARDING MEETING DECORUM, LOCATION, AND VIRTUAL OPTIONS FOR NEIGHBORHOOD INFORMATION MEETINGS - MOTION BY COMMISSIONER SOLIS TO APPROVE; SECONDED BY COMMISSIONER TAYLOR – ADOPTED MS. PATTERSON: We're going to start with Item 9B, which is formerly 17A, and it will be followed by its companion, 11G. But we'll start with the new 9B. This item was continued from the July 21st, 2022, BCC meeting. It's a recommendation to amend Ordinance No. 75-16, as amended, to authorize the Chairman to better deal with disorderly persons, including requesting law enforcement officers remove disorderly persons when conduct interferes with orderly progression of meetings. This was moved from the summary agenda at Commissioner LoCastro's request. Also on the change sheet was a clarification that was requested by the Sheriff, which I'll put up on the visualizer. COMMISSIONER LoCASTRO: Maybe I'll just chime in to set the table here. The reason I pulled it -- much like other things, pulling it doesn't mean you disagree with it, but I thought this one was worthy of discussion. I mean, a lot of times when citizens see something on the consent agenda, they -- you know, they immediately accuse us of, oh, we're sliding something under the September 13, 2022 Page 97 table. We're taking away their rights. And I think it bears just a little bit of discussion of what 9B does and what it doesn't do, because there was a bit of confusion out there. So that was my only reason, just to give us some time to define, discuss it, and get it on the record for citizens and for ourselves. That was my only reasoning. MS. PATTERSON: Understood. Before I turn it over to the County Attorney, I will read this change that's being requested into the record, because we didn't do it as part of the change sheet. The current language up on the visualizer reads: The County Sheriff or his deputy shall be the sergeant at arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum including the removal of a disorderly person when requested by the Chairman. The proposed language reads -- and you'll see the underline and strikethrough: The County Sheriff or his deputy shall be the sergeant at arms at meetings of the Board of County Commissioners and may assist the Chairman in maintaining order and decorum, including the removal of a disorderly person when requested by the Chairman. CHAIRMAN McDANIEL: And this was the language, Commissioner Solis, that was being worked on and submitted last time when I continued this item to today and, hence forth, that's why I continued it the last time. COMMISSIONER SOLIS: Okay. CHAIRMAN McDANIEL: I spoke with the County Attorney yesterday about this. I still have concerns with regard to the First Amendment and people's -- people's right to have their opportunity to speak. And I suppose we'll deal with that when the circumstance arises and someone has to be removed from one of our public September 13, 2022 Page 98 meetings. COMMISSIONER TAYLOR: With all due respect, what amendment? You mean No. 1 within the -- within the ordinance, No. 1? COMMISSIONER SOLIS: The First Amendment. CHAIRMAN McDANIEL: The First Amendment of the Constitution of the United States with regard to -- COMMISSIONER TAYLOR: Oh. CHAIRMAN McDANIEL: -- the freedom of speech. COMMISSIONER TAYLOR: How does this stop the freedom of speech? I'm just curious. CHAIRMAN McDANIEL: It has been alleged that an action like this could have an impact on infringement of the freedom of speech of the public at one of our meetings. So with that, County Attorney, do you have any comments? MR. KLATZKOW: No. This was at board direction I prepared this. It was modeled after the -- what the school board here does. The Sheriff was very comfortable with that. We've worked with the Sheriff to get the revised language, so it's entirely your discretion. CHAIRMAN McDANIEL: Got it. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. I mean, I think this has to just do with safety, not freedom of speech. And I guess that's where the gray area will be, that people have to have discretion and not overreact or not underreact. Somebody screaming and yelling that disagrees with something, that is freedom of speech. Somebody screaming and yelling and pushing and shoving, you know, causing that sort of a ruckus where we, you know, need the Sheriff involved, I think that's what we're trying to prevent. September 13, 2022 Page 99 Certainly, heated arguments happen all the time and, unfortunately, they become, you know, wasted meetings because they spend more time arguing than talking, but to me this was strictly a safety issue, that if other people who weren't being disrupted [sic] were possibly sitting in an unsafe environment or a person -- a person who was exercising their freedom of speech was escalating in such a way that it could lead to something that became an unsafe situation, the chairperson has the ability to ask for Sheriff assistance, I guess. And that's how I read this, so I don't think it's infringing on anybody's rights. And that's why I wanted to talk about it, because some citizens saw this on the consent agenda and, you know, drew their own conclusions. I think what we're looking to do here or what I think it was doing was guaranteeing the safety of the folks who were there, because we've had reports of folks that have, you know, gone above and beyond just having heated discussion. I mean, right? We had reports of people that were, you know, armed, or were, you know, pushing and shoving and things like that. So that was my understanding. This was just a safety issue that would be exercised and, you know, not routinely because it wouldn't be needed routinely, but in those instances where safety was an issue. Am I correct there? MR. KLATZKOW: Yeah. I mean, frankly, I was rather sad preparing this because all the years we've had in the board, we've never this had issue, but today's level of civil discourse has coarsened, and, you know, hence the ordinance. CHAIRMAN McDANIEL: Hence the ordinance. And there again, you know, there is a concern of an infringement on a freedom of speech, but that freedom of speech comes with a consequence if you are acting inappropriately. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. September 13, 2022 Page 100 I don't think there's anything in this ordinance that's proposed that is any different than what we always do, so I'll move for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: And for discussion purposes, Commissioner Solis, you want to talk us out of it? COMMISSIONER SOLIS: No, not at all. CHAIRMAN McDANIEL: Okay. COMMISSIONER SOLIS: I was just going to say, I think it -- I mean, this goes both ways in the sense that it also clarifies for people out there, I mean, how this is going to work. I mean, it's good for the public to know. CHAIRMAN McDANIEL: Well, you know, the language that was suggested by the Sheriff as opposed to "shall" based upon the direction of the Chairman -- because you never know who's going to be the Chair. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: And this is "may." The discretion then comes -- and we know that our current Sheriff is a constitutionalist like us, and so -- COMMISSIONER SOLIS: Yep. CHAIRMAN McDANIEL: -- that "may" then allows that. And I know, Troy, you've got lit up here for public comment. MR. MILLER: Quick point of clarification. I know 9B and 11H are companion items. Are we doing two bites at the apple or just one chance to speak? CHAIRMAN McDANIEL: I'd as soon do them both now unless we have to do individual. MR. MILLER: Michael Ramsey has signed up to speak on both of those items. Do you want to give him six minutes? Three minutes? How do you want to do it? September 13, 2022 Page 101 MR. RAMSEY: We can do both at the same time. CHAIRMAN McDANIEL: Come on. We're doing them both right now. It's been -- we've voted, but we'll listen. MR. RAMSEY: My name is Michael Ramsey. I'm the president of the Golden Gate Estates Area Civic Association. We've been watching -- my group has been watching this evolve since the infamous NIMs meetings with Collier/Vanderbilt over at the Sports Park and the one prior in Greater East Naples. We've been watching it come through there, and we've picked out on some of the issues. We had some of our meetings with our people, and I'd like to express to you the way it is coming across to us, because I'm also hearing some of that here. First of all, the way this process has been going since the NIMs meetings, a lot of my Estates residents feel like we're being targeted because we're Estates residents because of the initial NIMs meeting, and this continues to seem to build up and fester since this has been over the last three -- two or three months. The second issue is is that we see that this can lead to some bullying to the Estates residents. It has been presented to me that you can shut down some discussion because sometimes feeling and what -- you're qualitative discussion about quality of life in the neighborhood is not expert opinion, and sometimes my people have a hard time coming to these meetings under this pressure and expressing it. So there's a bullying component to this that they worry about. Again, it's also come up that it is close to, in some regards, as they bring out the content of their feelings, impinging on freedom of speech. You brought it up. I'm going to reemphasize it. That's a concern with the group. And the last one is, we had a long discussion about this issue. So over a two-month vacation break, we understand the summary September 13, 2022 Page 102 agenda. The summary agenda is for an issue that was put on there that was advertised or it was put out there and there was no public comment or discourse on it. So after a two-month break with no information coming from Collier County or this body, it was put on the summary agenda. To us, that's like trying to hide it from us and pass it at the beginning of the meeting. We do not like that. We're telling you about it. It concerns us. So our last issue here is is that we don't think there's any need to come up with this new ordinance. Number 2, you've already got all the tools in place to take care of it. So my last comment would be, don't target the Estates residents for the acts of a few. CHAIRMAN McDANIEL: Thank you. COMMISSIONER SOLIS: There was a motion and second. CHAIRMAN McDANIEL: There is a motion and second. Any other discourse? COMMISSIONER SAUNDERS: Yes, Mr. Chairman, I just want to respond. This is certainly -- at least I can only speak for myself, but I assume it's true of everybody here. This in no way is targeting anybody. If there's a target at all, it would only be the somebody who might want to stand up and start screaming at us and ask them to stop screaming and they're disrupting a meeting, we have to ask them to be removed. That's no different than what the process is right now anyway. It's just codifying it. So just so you understand, I personally am not targeting anybody other than maybe the one person that may come in here every 10 years and start disrupting the meeting. We can't have people disrupting a meeting. And so just understand there's no -- there's no targeting with this. CHAIRMAN McDANIEL: Appreciate you saying that. That pretty much goes without needing to be said, but you brought it up, September 13, 2022 Page 103 and it's been addressed, so... It's been moved and seconded. Any other further discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Commissioners, to clarify, that is a vote on 9B and 11G regarding the NIMs, and that will be coming back to you once the staff has worked on what their recommendations are. COMMISSIONER LoCASTRO: For 11H. MR. KLATZKOW: It was H until F went away, and now it's G. COMMISSIONER LoCASTRO: I gotcha. CHAIRMAN McDANIEL: She requires no help. COMMISSIONER LoCASTRO: I'm going to catch her on one error one of these days. Item #10A BOARD DISCUSS IMPLEMENTING A MORATORIUM ON NEW APPLICATIONS FOR SELF-STORAGE FACILITIES IN ALL ZONING DISTRICTS THAT LIST THIS USE AS A PERMITTED OR CONDITIONAL USE ALONG US 41 BETWEEN THE PALM STREET/COMMERCIAL DRIVE/US 41 INTERSECTION AND THE PRICE STREET/US 41 September 13, 2022 Page 104 INTERSECTION, UNTIL GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE AMENDMENTS IMPLEMENTING THE EAST NAPLES COMMUNITY DEVELOPMENT PLAN ARE ADOPTED - MOTION BY COMMISSIONER LOCASTRO FOR STAFF TO BRING BACK A DETAILED REPORT AT THE SEPTEMBER 27, 2022, BCC MEETING; SECONDED BY COMMISSIONER TAYLOR – APPROVED MS. PATTERSON: All right. Commissioners, moving along, we're into 10A. This is a recommendation to have the Board discuss implementing a moratorium on new applications for self-storage facilities in all zoning districts that list this use as a permitted or conditional use along U.S. 41 between the Palm Street/Commercial Drive/U.S. 41 intersection and the Price Street/U.S. 41 intersection until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. This item was brought forward by Commissioner LoCastro. CHAIRMAN McDANIEL: And the floor is yours, Commissioner. COMMISSIONER LoCASTRO: I don't mean to be adding a lot of things to the agenda and creating work, but, you know, I thought this one was extremely important. Years ago, you know, this commission worked really hard in District 1, you know, under Commissioner Fiala to institute an East Naples Development Plan, basically take a strong look with engineers and architects at, you know, the stretch -- I always say it goes from, sort of, Airport to Collier Boulevard down U.S. 41 to see what should it have looked like? What could it have looked like? What kind of things, you know, would make -- would bring cohesion to that area? September 13, 2022 Page 105 You know, my assessment is I sure wish the East Naples Development Plan would have been -- the trigger would have been pulled on it maybe 10 years ago, and maybe this stretch would look a lot different. But in the last year, we've basically morphed that East Naples Development Plan because it's great to get artist's renderings of what it all could have and should have looked like, but it's not very helpful to us when it says, wow, 10-foot-wide sidewalks would be great. Yeah, they would be great. We'd have to tear out a whole bunch of things right now that are already in place that are in the way. So what our staff's done is to basically utilize that East Naples Development Plan and morph it a little bit into an East Naples rezoning overlay which is examining that area. And, you know, Mr. Bosi's here to sort of fill in the blanks that I'm missing here. But just to give a quick summary, the work of that overlay is, I won't say in the final stages, but we expect early next year to get the results of that with lots of recommendations of not just what could have or should have been done but what can be done in the future; how we might better manage growth, design certain things, where certain things should go. And the reason I'm proposing a temporary moratorium on especially storage units -- and it's not that storage units are being targeted here, but it was the storage unit discussion that led to the East Naples Development Plan getting life, because they were -- seemed to be popping up sort of out of nowhere and indiscriminately in places where it was very visible green space that many thought would get something much different than a storage warehouse. You know, some might say storage facilities are great because they are -- the last few that have been built are architecturally more fancy and they don't generate a lot of traffic. They tend to just sit September 13, 2022 Page 106 there, and the parking lot's almost nearly empty because people around here that downsize put stuff in storage and then leave it there for 10 years and then pick it up 10 years later and donate it to St. Matthew's House, which is a whole 'nother argument. But the reality is, it makes this stretch of 41 look very industrial, I mean, these storage warehouses. So the reason that I'm proposing a temporary moratorium -- and I say "temporary" because I would like to wait on the results of the East Naples rezoning overlay, which is going to give us a lot of direction and not have a bunch of things sort of built and sort of sneak under the door between now and when we get that report, and then get that report and then look over our shoulder and go, wow, this report was really valuable. The last six things that we built along this stretch we would have done different or better or not have approved. And so, you know, we always talk about the cart before the horse. I want to see the horse first before we figure out what the cart should look like. And so I'm looking for your support in my district. And it's not going to affect -- there's not 50 storage units coming to us in the next six months. And I've met a lot with the staff and met with Mr. Klatzkow, so it's not something that we just drew up, you know, five minutes ago. Those storage unit facilities that are already in play, have permits, have Site Development Plans, that train already left the station. So they'll be allowed to be built. And in the cases of the ones that come to mind to me, they actually don't have much pushback. There's one towards the end of 41 and Collier, a little bit past Collier, that's an add-on to a storage unit that's already there. Site Development Plan's already in play. The citizens actually have met and, during their meetings, they actually want it. It's not in a place that's creating a lot of controversy. September 13, 2022 Page 107 But this temporary moratorium would be until we get the East Naples rezoning overlay plan, get the results of it. We've spent a lot of money and a lot of time on it, so I think, you know, before we, you know, haphazardly and quickly build a bunch of things in the district that I represent, which I got a lot of pushback from citizens that see these, especially the storage units, popping up and saying, how did that one get approved? How did that one get approved? This East Naples rezoning overlay will give us a much better education as to how we can make this part of District 1 and in East Naples look a lot better, be more functional, and add much more cohesion. And so that's why I'm asking for your support for this, you know, temporary moratorium until we get that report early next year. And I invite Mr. Bosi -- I asked him to be here in case you had any questions or, Mike, if you wanted to say something in a short summary to explain much better than I basically did, and maybe shorter, what we're doing here and what we're not doing here. MR. BOSI: Thank you, Commissioner. Mike Bosi, Zoning director. This has been an issue that this body has been dealing with for a decade. A moratorium has been suggested at one point in time. In the past, we've never gone through with it. But where we're at right now within the East Naples Development Plan and the establishment of the U.S. 41 East Corridor Overlay, we have scheduled public meetings in October and December to wrap up the public portion of it. We have GMP amendments that would be proposed for transmittal that we have tentatively scheduled before the Planning Commission in February, the Board of County Commissioners in March, and then, ultimately, we have the adoption review by the Planning Commission in May, adoption of the overlay, the GMP amendment -- GMP overlay as well to be wrapped up in June. So September 13, 2022 Page 108 that's basically a nine-month period that we would expect the moratorium to be around. And what it is is it's design standards. It's other components. It's placement of buildings. It's look, it's the feel, it's transportation opportunities and avenues that are going to be -- that are going to be incorporated within the overlay to help address the concerns that we've heard from this community over the past five to seven years that we've been working on this issue trying to bring a softening to that auto-centric type of land uses that have dominated the 41 corridor. We have -- the confines are basically, as the commissioner said, from Airport Road to just a little bit west of Collier and U.S. 41. And the one thing I would say as a clarification is we do have it proposed that the moratorium would be at the DO level, but DOs do include building permits. As we spoke with Commissioner LoCastro, I think we thought it was more appropriate that it would be the SDP level where that DO would be applicable, but also talking with the County Attorney's Office. This isn't -- your decision here wouldn't be to adopt the moratorium. It would be to direct the County Attorney to bring -- to advertise and then bring back the proposed moratorium for your consideration. That's the backdrop of the -- of the issue and, you know, any questions that I could help out, I'll be more than happy to address. CHAIRMAN McDANIEL: Thank you. Commissioner Solis. COMMISSIONER SOLIS: I'm trying to remember -- I mean, we have talked about this before -- CHAIRMAN McDANIEL: 2017. COMMISSIONER SOLIS: -- in '17, and we didn't -- I thought we did. Did we not? CHAIRMAN McDANIEL: Can I refresh his memory? September 13, 2022 Page 109 COMMISSIONER SOLIS: Well -- and the question was -- because I thought that there was -- there was, like, a set of them that were in for permitting already, and there was some issue as to whether or not, you know, they were already in process and all that. I'm trying to remember where -- because we spent a lot of time on this, and the study was in process at the time, right? MR. BOSI: Yes. CHAIRMAN McDANIEL: Do you want to, or do you want me to? I can give you my rendition of what transpired. Our first meeting in 2016 for Commissioner Saunders, and I think you as well, Donna Fiala brought forward the moratorium for this same corridor. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: Commissioner Saunders asked her to quantify that moratorium to specific uses and not in aggregate, which she didn't do -- she did do. She delineated storage units -- COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: -- car washes and something else. MR. BOSI: Gas stations. MS. PATTERSON: Gas stations. CHAIRMAN McDANIEL: Gas stations. COMMISSIONER SOLIS: Gas stations, right. CHAIRMAN McDANIEL: And so -- and I expressed a concern that day about there might be somebody along the 6-mile swath of the most lucratively zoned land in all of Collier County that doesn't know we're about to take away their rights. And I looked at the County Attorney and I said, is there an opt-out or an exemption process that's availed [sic] for people that are in this corridor that do, in fact, have vested rights? They said yes. Two months later, February, we came back, plus/minus, that we came back, and their opt-out discussion had to do with a conditional use provision to allow people, and on top of that they had exempted September 13, 2022 Page 110 PUDs out of the moratorium. So now we have a guy with a C-5 piece of property and that use is allowed and a PUD next door that's exempted out. This guy's now put in a moratorium, and the PUD's allowed to go forward. COMMISSIONER SOLIS: Right. It was -- CHAIRMAN McDANIEL: And so, therefore, we stopped the moratorium discussion, instituted the corridor study for the East Trail, and then -- and then moved on forward. So that's -- COMMISSIONER SOLIS: Thanks for that. Now I remember the issue with the PUDs. I mean, is that -- we still have that issue, though, right? Are we going to try to address that this time around? MR. BOSI: The moratorium -- the framework of the moratorium we're talking -- we're speaking about would not exclude PUDs from the moratorium. They would be applicable to all within that geographic corridor whether it be straight zoning or whether it be PUD zoning. COMMISSIONER SOLIS: Okay. So we've addressed that, that issue that we had before. Am I understanding that right? CHAIRMAN McDANIEL: Yeah. COMMISSIONER SOLIS: Okay. And the study is how close to being finished? MR. BOSI: Tentatively, we would wrap up in June. COMMISSIONER SOLIS: June, okay. And then -- so the moratorium would be for -- until -- until what? Until we determine whether or not we want to do something Land Development Code-wise based upon the study, right? MR. BOSI: Well, the overlay is the -- is the zoning action. We've done the study. COMMISSIONER SOLIS: We've done the study. MR. BOSI: We are implementing and we're designing the overlay -- September 13, 2022 Page 111 COMMISSIONER SOLIS: Okay. MR. BOSI: -- and that's the actual do, and that's what would be adopted, and I think the moratorium, as the County Attorney would suggest, can't last more than 12 months. So it's either 12 months or the adoption of the U.S. 41 Corridor Overlay Study would be the termination. And if you adopt it in -- or if you adopted the moratorium in October, it would roughly be eight months. COMMISSIONER SOLIS: Okay. And I guess this is an issue for later but -- when we get to the overlay but, I mean, so much of the issues seem to be structurally just those little lots saying what's between 41 and the service road behind it. I mean, I don't know how we're going to work with that kind of a structural issue, but, we'll see, I guess. MR. BOSI: And we have some design ideas and the over -- the concern of the -- or what we've heard and what we've heard over the years is it's basically one point, is goods and services, restaurants, give back on a regular basis to the surrounding community, the surrounding residential uses. Storage facilities, even though they are neighborhood serving in terms of the -- COMMISSIONER SOLIS: Yeah. MR. BOSI: -- in terms of their need and placement, they don't provide that daily interaction or the opportunity for goods and service. They're more -- they're more stale, in a sense, to the activities of the day-to-day needs of the households, and that's what -- one of the concepts that we had back in 2019 that we had proposed, if you wanted to move forward with a storage facility, 25 percent of that storage facility's first floor had to be dedicated to retail or services or restaurant, so the mixing of units within the storage facilities to provide a little bit more opportunities for them to be neighborhood serving in a way but also be able to attend to their storage purpose primary use. September 13, 2022 Page 112 COMMISSIONER SOLIS: Yeah. Okay. I'm just -- I'll just throw it out there that I think one of the things that's going to be of interest to me if -- you know, if it shows up before I'm no longer here is, as I recall, one of the problems was what can you actually do commercially on one of these small commercial lots, and I remember that issue but, commercially, there were some issues. Anyway. Okay. I get it now. Thanks for the -- thank you for the refresher, Mr. Chair. CHAIRMAN McDANIEL: No problem. Commissioner LoCastro. COMMISSIONER LoCASTRO: What we tried to do with this is make improvements to it so that what failed last time or what are concerns -- and that's why I wanted to -- you know, I wasn't here in 2016. So that, you know, if there was something that concerned you that caused it to fail last time, now we're way further down the road. And, trust me, that stretch of U.S. 41, in my opinion, doesn't look exponentially better. When it failed, then a lot of things popped in there along that stretch that maybe could have been more cohesive or could have had more direction. But some of the things that we've done with this temporary moratorium is developers can still apply for permits and go through the process and -- you know, it doesn't stall that, but then they would have to wait until we get the East Naples, you know, rezoning overlay direction before they could actually put a shovel in the ground. And if that overlay gave us very specific direction that changed their design or their location or what have you, then great. Then the benefit of this, you know, multiyear study has -- it bore fruit, and that's, you know, what we're trying to do. The overlay might also direct that storage units aren't horrible, but they maybe should be in very different locations. And so I'm not trying to guess what the study is going to do, but I think we're going September 13, 2022 Page 113 to get so much direction and education out of this study that I would like to make sure, then, that we can utilize it for future development and not, like I said, have a bunch of things sort of sneak under the door. The issue that Mike said, one of the recommendations could be more of a mixed-use type or whatever. Maybe it's that. I don't disagree with Commissioner Solis that I'd like to see what that looks like. I don't think I want to eat at a five-star restaurant that has a storage unit attached to it. But the whole, you know, catalyst here is that this is something that's been in discussion for many years. It failed last time. I'm really looking for your support to approve it this time. I have not gotten pushback from really anyone. I mean, a few storage units that are in play right now and that are already past the point of no return were concerned, and that's why -- one of the reasons why I was doing that NBC interview was to separate rumor from fact. We're not putting a halt on things that are halfway built or about to happen. But between now and June or maybe even sooner, not making some mistakes or things that could have been built better based on the guidance of this overlay, that's what, I think, we want to take advantage of. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: So when we have a zoning in progress, that does not preclude the approval of different projects like zoning in progress. It's very clear that storage facilities are a no-no for the East Naples Civic Association. That doesn't preclude them from coming in and getting an approval for it on an administrative level? MR. KLATZKOW: What it does is that anybody who's already in the process will continue to go through the process, but staff will not take any more applications for this particular use until the issue of September 13, 2022 Page 114 the moratorium is resolved. COMMISSIONER TAYLOR: But if we didn't have a moratorium, if it was just -- MR. KLATZKOW: If you did not have a moratorium, it's business as usual, yes. COMMISSIONER TAYLOR: Business as usual. Okay. That's what I needed to know. The storage units are perfect for that length of the time -- that length of road because they don't require the parking that businesses that would be a much better fit for the neighborhood would, and that's one of the big challenges is the lack of parking. But I would support this moratorium. Can I make a motion to that effect? COMMISSIONER LoCASTRO: Well, I mean, I'd like to make the motion that you support this moratorium, and I'd appreciate your second. COMMISSIONER TAYLOR: I am going to second it. CHAIRMAN McDANIEL: It's been moved and seconded that the moratorium go forward. For purposes of discussion, I am now going to speak. I'm not in support of this. These are not green spaces that all of a sudden something pops up on. These are real property rights that we're taking away from people that own land in the most lucratively zoned corridor in Collier County on U.S. 41. These lands were zoned for this use. My intent when I suggested to Commissioner Fiala that we initiate the corridor study was to educate the people who live in this particular area that drive by that bunch of trees, that it's not ever [sic] going to be trees. There's going to be something else there. Now, design standards, side-yard setbacks, landscaping, those are all things that I can sit still for. But taking real property rights away, even on a delay of this theoretical temporary moratorium, September 13, 2022 Page 115 innocent theoretical. It can only be held for 12 months unless it's extended by this board again for another 12 months. And if the corridor study that I proposed we do in 2017 five years later is not done, we ought to be bringing back the people that were in charge of that, and they need to go, let alone taking away the rights of the people on the East Trail of 41. There's nothing being snuck underneath the door, sir, in all sincerity. You've said that twice, and I made a note of it. These are zoned properties. These are allowed uses. Nothing's being snuck underneath the door. There is a -- I can't say the Latin term. What's it's called, caveat emptor. COMMISSIONER TAYLOR: Caveat emptor. CHAIRMAN McDANIEL: And that's the buyer beware. If you buy a house down one of these streets and you're driving past a vacant -- we had a similar circumstance on Beck and 951 at Forest Glen off the sixth hole when that nine acres that got included in the innovation zone; it's coming forward now. And we had a similar circumstance there. Those folks all wanted that to stay trees, and then we shared with them that it wasn't going to stay trees, and it's now going to be something else. And the developer's come forward and worked with the community, and I think they've came to an amicable agreement. There is a horse. The horse is the GMP, the Growth Management Plan. The horse is the Land Development Code which establishes those zoning -- the zoning rights that are currently existent by the people that are out there. The study should, would, could have educated the populous and the folks that live in this area as to what's, in fact, there, draw in opinions on design standards and colors and side-yard setbacks and so ons and so forth, but it didn't do that. And now I think taking away these rights for these property owners is a terrible idea, just terrible. September 13, 2022 Page 116 COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: There's a taking that's transpiring here. So I can't support it, won't support it. How many votes does it have to have? COMMISSIONER LoCASTRO: Three. Here -- but I've hit my light. Let me respond to that. First off, we have -- it's not 2016 anymore, okay. So we have to be smart enough on this panel here to be able to look at something, and as things change and modernize and develop, to be able to ebb and flow. Unless you have a short memory, there was a piece of property over at Lely that's been zoned commercial for -- since the beginning of time. We all just voted unanimously to rezone it because it made more sense. There wasn't a Skillet's shopping center across the street from it. There wasn't a Starbucks and a Publix and a Hobby Lobby and an Outback, but now there is. And so we were astute enough to say, you know, that was zoned for a reason for commercial, but our job's also to be smart enough to take a look at something. So in 2016, maybe you drove down U.S. 41 and you saw one or two storage units, and maybe it wasn't a big deal. A lot has changed since then. So I don't -- I understand zoning, and I disagree we're taking away anything. I think what we're trying to do is figure out how to control the bleeding. Can't undo history. But I think this East Naples rezoning overlay is going to give us a lot of information, and I'd hate -- I would hate to be looking over my shoulder at things that did sneak under the door between now and June and say, wow, imagine if we would have passed a moratorium. Those five things that got built would have been -- would have looked nicer, would have been different, might have been mixed use, might have been disapproved, might have been put somewhere else, might have been approved as-is. September 13, 2022 Page 117 So I don't think the number-one goal of the moratorium is to take anything away. It's to improve the aesthetics of my district and all of the citizens who have voiced so many concerns. And even previously years ago when this came up -- and that's why we tried to come up with a moratorium that was maybe less restrictive and a little bit more temporary. And like -- and like I say, a lot has changed since 2016. So I think, you know, we change things all the time. We take a look at how we can better our community and, you know, reclassify zonage and approvals and ordinances, and that's what we do up here. And so I think we've got to look at current history and take a look at that stretch. And, you know, being the commissioner of that district, I think that's one of the least nicest looking stretches in District 1. And, you know, I take exception to say -- to tell my constituents, you know, you get what you pay for. So if you move into that stretch of District 1, you know, and you're surrounded by warehouses, you know, too damn bad; that's what the ordinance says and that's what the rules say. So, you know, do your homework and move somewhere else. I think we can do better. And so I'm asking for your support for a temporary moratorium so we can take advantage of this multi-hundred-thousand-dollar study that's been in play forever that has benefited us with nothing and utilize it when it comes to us early next year and see if it does direct some changes, some improvements in how we shape, you know, that part of District 1. CHAIRMAN McDANIEL: Just as a proviso -- and my memory's not that bad. I just reread 9A, and we still allow for C-3 zoning or residential use. We didn't rezone anything. We just added a use that this developer has a right to do. Don't fluff it off, because you're using that as comparison. COMMISSIONER LoCASTRO: Okay. Have we ever September 13, 2022 Page 118 rezoned anything here from commercial to residential just black and white? Have you ever done that? CHAIRMAN McDANIEL: Yes. COMMISSIONER LoCASTRO: Okay. So that's my point, and so we made some changes. CHAIRMAN McDANIEL: That wasn't what we did this morning. COMMISSIONER LoCASTRO: Okay. But we made some changes to a piece of property this morning or we -- CHAIRMAN McDANIEL: We allowed for an additional use to be considered on a piece of property that we all thought it was better. COMMISSIONER LoCASTRO: Yeah. But you were almost falling on your sword saying we have ordinances, things are zoned a certain way, it should stay that way to the end of time, and if people don't like it, then don't move there. You know, tough bananas. CHAIRMAN McDANIEL: That isn't at all what I said. I wasn't falling on a sword. COMMISSIONER LoCASTRO: That's what it sounded like. CHAIRMAN McDANIEL: What I do is I carry and hold real property rights sacred and you, nor anything else, is going to take them away from the people that have that underlying right without paying due compensation, period. (Simultaneous crosstalk.) COMMISSIONER LoCASTRO: I'm doing none of those things. And if you were in this district, you might be better educated as to what's going on in District 1. CHAIRMAN McDANIEL: Well, I might be. Commissioner Saunders. COMMISSIONER SAUNDERS: Boy, it's really painful for me to say I think I agree with Commissioner McDaniel, but I agree September 13, 2022 Page 119 with Commissioner McDaniel. I don't think it's appropriate for us to be involved in trying -- in trying to change market forces. The free market works pretty well. And if a property owner has a right right now to do this type of a storage facility and the market demand is there, then that's the right location as far as the property owner's concerned. I don't think it's up to us to simply say, well, we're going to change that. So I'm going -- I'm going to vote against the motion. COMMISSIONER LoCASTRO: Well, if I have a chance to at least rebut a little bit. CHAIRMAN McDANIEL: You do. I'm calling on you now. COMMISSIONER LoCASTRO: Okay. We're not saying we're changing that. What we're basically saying is we're taking a pause and trying to take a multi-hundred-thousand-dollar taxpayer-funded study that has dragged its feet for years and be able -- CHAIRMAN McDANIEL: Five. COMMISSIONER LoCASTRO: -- five, which to me is excessive. I think people should be fired already over that. But we've accelerated it, and we've put the accelerator down, and we want to be able to then utilize the benefit of that study for a much more cohesive and better plan down that U.S. 41 corridor. So if somebody's got a burning itch to build a storage unit and they can't wait eight or nine months to do it, then, you know, that surprises me. And I would just say, if this was your district, I think you might feel differently driving down that stretch of road and from the citizens you would hear from. So there was a reason why I think this was offered. I think we've made it a little softer, a lot more temporary. And I understand what you're saying. I guess I just agree with it -- or disagree with it aggressively. CHAIRMAN McDANIEL: And vice versa. Again, my opinion is my opinion, and I'm certainly entitled to that. And I September 13, 2022 Page 120 understand why you're bringing this forward. I have had the same phone call -- not all of the same phone calls, but the same information provided to me over the years as well. And I just -- I don't concur with the thought. Commissioner Saunders. COMMISSIONER SAUNDERS: Just kind of an analogy here. In my district, in Golden Gate City, there's a zoning district along Golden Gate Parkway. Both sides of Golden Gate Parkway are commercial. I got staff, and we worked on a land use -- a change to the zoning there, but we did it as an overlay. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: We didn't change anything that the current property owners had in terms of what they could do with their property, but we developed an overlay so that they could go to a different type of zoning if they chose to. And I think that that's probably -- I'm not sure that that approach would work in East Naples, but I'm just letting you know that my view is we tried to give property owners the other opportunities, the choices to make, and that's what we did in Golden Gate City. CHAIRMAN McDANIEL: And that was one of the reasons why I supported the overlay that we put through in Golden Gate City, because it allowed for the underlying uses that were existent to remain. I expressed a concern about the overlay because some of those use changes that are by right now on those commercial properties, I remember talking -- Anita Jenkins was the planner that worked on that. And I talked to her, and I was like, do the people that live behind the K-Mart on the Golden Gate Parkway know that there could be a 6-story building looking down at them and their pool behind? COMMISSIONER SAUNDERS: No, there can't be. CHAIRMAN McDANIEL: Right. September 13, 2022 Page 121 COMMISSIONER SAUNDERS: No, there can't be. CHAIRMAN McDANIEL: Well, six stories, you're correct. There's height restrictions there, but there was a concern -- COMMISSIONER SAUNDERS: I'll go back to the old statement that "words matter." When you tell somebody that you can do a 6-story building behind the K-Mart there, I'm going to start getting phone calls from people who don't want a 6-story building. CHAIRMAN McDANIEL: Yeah. Sorry about that. I retract that statement. Forgive me. I had concerns about the by-right aspect of the overlay, but it was, I felt, a far better path for us to manage the inevitable use changes that could, in fact, occur, and it was done in a public format, so -- not by a moratorium. Commissioner LoCastro. COMMISSIONER LoCASTRO: I'm 100 percent for property rights and for people who own land to be able to do with it what they want but also, too, we have to monitor what's happening in that community. And between 2016 and now, a lot of things have changed on this stretch that I think could have been better managed. That's what we're just trying to get our arms around. So this isn't about taking away somebody's rights, but it's about us, you know, taking a breath and a pause and being able, then, to get the results of a study that might give us different direction and different input and not, you know, allowing something to be built maybe less appropriately than what this important study is going to tell us. And so I -- and that's why it's a temporary moratorium. And, you know, I just think that, you know, you've got to be able to have both eyes open and see what's happening in your community, and if you see something's happening in a negative way, you've got to speak up and not just say, well, you know, tough noogies, that's just how it goes. If you don't want to live next to a storage unit, then you know September 13, 2022 Page 122 that when you buy your house. The constituents I represent, I would never tell them that. And I just think we can make improvements to how we approve, whether it's storage units or other construction, you know, permit applications, and especially in this stretch so that it looks as nice and as cohesive as a lot of other parts of Collier County. And at some point, I think we've got to raise our hand and take responsibility for trying to make our community look as good as it can and not just fall back on, well, that's what the ordinance says. That's what allows. We should be able to have the leverage and the foresight to be able to make improvements as we see things develop. And if anybody thinks the stretch of U.S. 41 looks better today -- yeah, it does in pieces. But overall I would say it's less cohesive today than it was in 2016. If we're okay with that and we just say, let the construction fall where it may, well, that's why we want the East Naples rezoning overlay results so we could be better educated on how we can utilize what's left of the green space. And maybe the reason why, Commissioner, you know, Taylor supports it is because maybe we're closer to it. You know, our districts overlap, and, you know, we see the results of driving back and forth on that stretch. And I just think we can do better, and I think this is a start, to at least take a pause. COMMISSIONER TAYLOR: I'm honoring the requests of the people, including former Commissioner Fiala, who listened to the neighbors just pleading, look, how are we going to -- how are we going to get what we want here? So it's a dream. It's a long time coming. It's no one's fault, staff's fault. We did have a two-year interruption almost with this process. And now the real estate market's booming. And we know we have something right here in front of us about appealing a Hearing Examiner's permission. September 13, 2022 Page 123 So I'd just like to see -- but there's no other way to do it besides have a moratorium. There's no other way. I mean, there's no other way. MR. KLATZKOW: If what you want to do is stop new applications for storage units, then your tool is a moratorium. COMMISSIONER TAYLOR: Okay. COMMISSIONER LoCASTRO: But I do want to say, it wasn't a matter of stopping. It's a matter of just taking a pause. So we're not trying to do something permanent here. We're trying to get the benefits of a five-year study to come to us first before we allow continued construction to happen. And I think even just this discussion, if this moratorium fails and I was somebody that was brainstorming a storage unit, I would rush those permit applications as quickly as possible to the county before somebody has a better idea to try to do this again or in some other form. And that's where I wanted to just have much more responsibility, you know, and oversight and control, and, most importantly, the benefit of this five-year plan to come to us and see what it tells us we could to do make that stretch look better. So it's not a matter of, you know, permanently stopping. And I know that's what you weren't saying [sic], but I'd like to use better terminology that just says, taking a pause until we have the benefit of this study. And I'm flabbergasted that that's not something that -- that seems to be accessible or even embraced by this commission as a whole. COMMISSIONER TAYLOR: So we have the swing vote, so why don't we vote. CHAIRMAN McDANIEL: I was just going to say, we're done. You and I are -- COMMISSIONER TAYLOR: We have a swing vote there. He's sitting at the end, and he's not giving me any face or indication September 13, 2022 Page 124 of how he's going to vote, so I think we should vote. CHAIRMAN McDANIEL: So it's been moved and seconded that the moratorium go forward. And I think if we're discussing this, we're going to bring it back for a review and reread before it's implemented? MR. KLATZKOW: Yeah. However your packet has the proposed ordinance, I would -- CHAIRMAN McDANIEL: As a draft. MR. KLATZKOW: I will be bringing forward that proposed ordinance at the next meeting. COMMISSIONER LoCASTRO: Yeah. And that was sort of the other thing, too, here is to get your support to be able to bring back a draft that could be looked at, and that's why I wanted to see if there was nuances of a moratorium that maybe failed years ago under previous leadership that could be added or changed now and especially, too, with how things have progressed. Now you see how the county -- or how that piece of the county has changed -- to get your support to bring a moratorium forward. You can kill it then if you want, but I just think prematurely killing it now, it would be shocking, you know, to me. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'll support the motion to bring it back, but -- COMMISSIONER TAYLOR: There we go. COMMISSIONER SAUNDERS: -- it's unlikely I'll vote to support the ordinance. But I'll go that far as to take a look at it. COMMISSIONER LoCASTRO: Would there be verbiage that you could educate us on now that you would like to see in there or that you heard years ago that was -- COMMISSIONER SAUNDERS: I'll just wait to see what comes back. I could make some comments on an ordinance that's in September 13, 2022 Page 125 front of me. COMMISSIONER LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: So I'll support the motion to direct staff to draft some ordinance and come back, but I don't want that to be an indication that I'm going to -- COMMISSIONER LoCASTRO: Absolutely -- COMMISSIONER SAUNDERS: -- vote for it. COMMISSIONER LoCASTRO: -- no. That's all we're looking for. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Well, I was going to say the same thing, that if this is to bring back an ordinance to consider, I would support it, although, you know, I think there are -- I have to agree with Commissioner McDaniel. I think we had this discussion a few years ago. And I think the biggest thing we can do is bring forward the overlay sooner rather than later. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SOLIS: I mean, that's -- CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SOLIS: -- that's the key. I don't know that I can support a moratorium, but it's worth discussing. If there's something that makes it -- you know, because, ultimately, what we're saying is we are going to -- we are going to do away with one use. I mean, we might as well just say that now. COMMISSIONER TAYLOR: Can we bifurcate that? Can we bifurcate the overlay and say let's just -- let's bring forward the overlay regarding -- specifically regarding the storage units and have it up here for a vote? Can we do that? MR. KLATZKOW: There's going to come a time where Mr. Bosi brings forward the proposed amendments, and at that point in time you can do pretty much whatever you want to do. September 13, 2022 Page 126 COMMISSIONER TAYLOR: But what if we fast forward the question about these storage units? MR. BOSI: We have two additional public meetings that we're to go talk to the community about for them to review the design improvements that are being suggested as part of the already accepted East Naples Development Plan. And, remember, we talk about -- this isn't one plan. It was a plan in 2017 and '18, and we ended up in 2019 they didn't adopt a moratorium. And then you -- and then the county hired Tindale Oliver to do the East Naples Community Development Plan. That plan was accepted. That plan suggested a zoning overlay. We are in the processes of implementing that zoning overlay. So this is the third part of a six- and seven-year study that is not one study; it's two separate studies and one overlay. We can -- I mean, what you're suggesting is to abbreviate and just bring back restrictions related to -- COMMISSIONER TAYLOR: Accelerate. Not abbreviate. Not abbreviate -- MR. BOSI: Well, the public process that we've advertised was that in October and December were going to be public meetings, and what you're trying -- we would, what, condense that? Is that what you want to -- COMMISSIONER TAYLOR: I am asking to bifurcate the issue of the storage units from the rest of the overlay. Proceeding on the schedule as publicized for the overlay, but accelerating the question about the storage units, understanding that next year sometime they can all be put together. But, meanwhile, we have a discussion with the overlay as the -- as the parent of this child of the storage units. We can have that discussion and make that decision now. Not now, but -- MR. BOSI: I guess we can. I'm not sure what -- September 13, 2022 Page 127 COMMISSIONER SOLIS: I don't know what that means. MR. BOSI: I'm not confident in the cohesiveness of what we could bring back. But we will gather and try to adjust in a way and simply only focus upon storage facilities. COMMISSIONER TAYLOR: At the beginning. CHAIRMAN McDANIEL: Well, the moratorium is proposed for storage facilities only. COMMISSIONER TAYLOR: But then we would not have to have a moratorium. We could bring back the overlay addressing specifically the storage units and more to come at a later point. Could we do that? Can we bifurcate or can we separate -- CHAIRMAN McDANIEL: Divide it up. COMMISSIONER TAYLOR: -- the storage units from the rest of the overlay and address that initially? MR. KLATZKOW: You can direct staff to come back just on the issue of the storage units. COMMISSIONER LoCASTRO: But I think that -- MR. KLATZKOW: But that doesn't stop anybody from putting up more storage units until that happens. COMMISSIONER LoCASTRO: But the study overall isn't broken out. I'm sure it has many chapters and it's broken out into pieces, but it's one cohesive thing. Saying, you know, let's surgically remove the storage piece, I think, makes the overall study less effective. And I don't think waiting till June to get a complete study that might have other parts and pieces -- this isn't just about putting a spotlight on storage units. Storage units were the catalyst that maybe pushed this thing forward. But, you know, correct me if I'm wrong, Jamie, I think what -- because I see Mr. French there. I think this thing sits on its own. It's one big book that's going to come to us. But if there's a way to surgically remove the storage unit piece -- but I think we'd September 13, 2022 Page 128 have a much more cohesive product if we got the whole thing in its entirety. I mean, that's like saying, let's do a study on how hurricanes, you know, affect, you know, Collier County but, you know, we just want the piece about beaches. Well, some of the pieces that talk about things other than beaches might sort of intersect with how we, you know, address beaches. You know, just getting back to this, is it in chunks? And then regardless of your answer, there's still some public comment pieces that we want to make sure happen, you know, without interrupting those. MR. FRENCH: Thank you, Commissioner. For the record, I'm Jamie French, your department head for Growth Management/Community Development. Commissioners, why don't we -- if I could make a suggestion, why don't we get a preview to you for this. We could bring it back the next two weeks. We can indicate what our current processes are just as a reminder as well as where we are in the process with regards to our consultant. As Mike said, this dates back a few years. It started -- of course -- I know, Anita under Mr. Cohen. There's been a lot of staff time and consultant hours in this one. So we'll bring that up. Now, we've also got some questions with regards to design standards and mobility. We'd like to see where the consultant is with that. And we do apologize for not having that off of -- just off the hip. But this is a work in progress that does require -- or we think it requires a little bit more community interaction, because we do know how important this is to the community. So if it's okay with you, we'll bring you back a report in two weeks, and then at that point, perhaps you could give us some further guidance, if that will work. COMMISSIONER LoCASTRO: That's what the motion is, September 13, 2022 Page 129 that in two weeks you would bring back something with a lot more detail in it. MR. FRENCH: We will bring back where we are in this process with the consultant, and if we can -- and if we can break out where they are with just the storage facilities, we will certainly report on that as well. But we'll bring you back all available data that we have just in a report fashion, and if you choose to table this or want to have further discussion on it at that point, of course we'll work with Mr. Klatzkow's office going forward. But, clearly, we want to demonstrate to you we didn't think that it was ready for, lack of a better term, prime time, but we'll bring you back where we are as far as in progress in two weeks, if that will work. COMMISSIONER LoCASTRO: I guess I'd amend my motion to say I'd like you to bring it back in two weeks and look for the commissioners to consider, you know, based on those results, a moratorium or not a moratorium or an accelerated East Naples, you know, rezone overlay or something in the middle. MR. FRENCH: And staff may be in a better position to actually make a request of the Board at that point. COMMISSIONER TAYLOR: And I'm happy to amend my second to -- CHAIRMAN McDANIEL: So basically you're -- you're basically going to continue this item for the next two weeks before we make a decision? COMMISSIONER LoCASTRO: I mean, you could say that, or the motion is to approve the -- CHAIRMAN McDANIEL: No. It's either continued till next two weeks, or you're going to make a motion to bring back a moratorium. Because I'm not supporting a moratorium. I'll support bringing it back in two weeks and having further discussion -- September 13, 2022 Page 130 COMMISSIONER LoCASTRO: Great. CHAIRMAN McDANIEL: -- but I'm not going to support a moratorium. COMMISSIONER LoCASTRO: Okay. Well, if they come back in two weeks and part of the -- well, I don't have a crystal ball, so I look for your support, and if your support is that you agreed to have them come back here in two weeks -- they might come back here in two weeks and their recommendation is a moratorium, and at such time you will vote no, but maybe the other commissioners will be a little bit more open to facts. CHAIRMAN McDANIEL: Basically, you've amended your motion to continue this item for two weeks. COMMISSIONER LoCASTRO: Sure. COMMISSIONER TAYLOR: Seconder agrees. CHAIRMAN McDANIEL: You're okay with that. Are you okay with that? COMMISSIONER LoCASTRO: And that's the same result, so I'm happy. COMMISSIONER SAUNDERS: Well, I'm trying to think of what the future holds here. You're asking this item to be continued, so in two weeks we're going to be talking about whether or not we're going to advertise an ordinance. MR. KLATZKOW: I'm going to advertise the ordinance unless told otherwise, and you'll have it, and you can make your decision. Understanding that people can -- CHAIRMAN McDANIEL: I don't know why you would advertise an ordinance right now, because I'm up here hearing three of us say we're not in support of a moratorium until we review it. MR. KLATZKOW: I've heard different, sir. COMMISSIONER SAUNDERS: Okay. I have no problem in the County Attorney drafting the ordinance and advertising it and September 13, 2022 Page 131 bringing it back. I'm just saying that I may not support it when it comes back. COMMISSIONER LoCASTRO: Right. And he's not advertising that there is an ordinance. It's just a proposal, correct? MR. KLATZKOW: No, no. That's why I need direction from you. I can advertise an ordinance, and I have to do it today for your next meeting or not. It's the pleasure of the Board. COMMISSIONER SOLIS: Can I make a suggestion? CHAIRMAN McDANIEL: Yes. Commissioner Solis, you're lit up really being very patient down there. COMMISSIONER SOLIS: I didn't really get a chance to finish. I mean, I think -- I think what I'm hearing is what would be helpful is to have at least some preview of what the recommendations are going to be because, as I see it, if one of the recommendations is we should just not allow storage units anymore, okay, then that's one thing, and it -- and a moratorium, you know, puts that in a different light. But if that's not the case -- and I think one of the problems, as I recall -- this is coming back to me -- is the whole -- structurally out there there's very few things that can actually commercially work on some of those lots other than a storage unit, because there's no room for parking. They're so narrow. Access is an issue. I think it's just -- it's way more complicated. But I'm not against having staff come back with some kind of preliminary, albeit, soft summary of where it stands so that we can get a feel for it, and then we can talk about, you know, whether the moratorium makes any sense. But right now, I mean, yeah -- I'm not against having more discussion, but I need more information before I would consider it. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Commissioner Solis, please be assured that Tindale and Oliver and the planning process from our September 13, 2022 Page 132 county are acutely aware of the limitations of what can be built along U.S. 41. Unfortunately, the residents aren't or they don't accept it. So there's a problem that we have in communication. So I think to have that discussion at our next meeting would be very helpful for everyone and for the residents to hear from us and our reactions. Because it's clear. I've sat through these meetings and it's, you know, we want, we want, we want, but what is reality, reality, reality? And I think -- I think now the rubber hits the road. COMMISSIONER SOLIS: And I totally agree, and I -- and I understand Commissioner LoCastro's issue. I mean, it is -- it is a problem, but we have to understand what we can do because, otherwise, I mean, I think we can box ourselves into a taking, and then we end up -- CHAIRMAN McDANIEL: Getting sued. COMMISSIONER SOLIS: -- you know, end up having to buy a bunch of these lots for -- and we shouldn't do that. So I don't think we should box ourselves in like that. COMMISSIONER TAYLOR: I think when you bring it back, it would be very helpful to say, okay, this is your typical lot. These are the dimensions. What can be -- what can be built here based on our current zoning? And you've got that information. I know you do. MR. FRENCH: Commissioner, what we'll do is we'll look at all the -- all the past studies but also all the lots. We would only focus on those vacant lots. Most of them are going to be in a C-3 zoning which would require rezone anyway. They would not be available for the conditional-use process currently through the Hearing Examiner. But we'll bring back all of those vacant lots that exist. COMMISSIONER TAYLOR: Thank you. MR. FRENCH: Along the U.S. 41, in that same area, September 13, 2022 Page 133 Commissioner. CHAIRMAN McDANIEL: Do you have a say? COMMISSIONER LoCASTRO: To quote my esteemed colleague, Commissioner Solis, it is a problem. So that's why we have the East Naples Development Plan, and that's why we've turned it into the East Naples rezoning overlay so that we can get the benefits of hundreds of thousands of dollars worth of research to tell us where we can do better. If we have a problem, our job is to find solutions, and we've got to stop kicking the can in District 1 in East Naples. It doesn't look better today than it did in 2016. So I agree there is a problem. And if someone's got a better solution, great. But it sounds like this proposal's come up several times and failed for maybe, you know, small, big, or medium reasons. But, you know, I'm here to tell you, I'm raising my hand because I'm trying to find a solution in my district to manage growth better, and I can't wait for the results of this plan. I'd like to see it in its entirety. I'm not against waiting two weeks and feeling -- and finding out how we chip out a piece and sort of artificially accelerate just the part about storage units. But, you know, we'll see in 14 days what that nets. But I think we're not getting the full benefit of the entire study if we do that. But, you know, we'll see what it says. But there is a problem. It's our job to find a solution, and I'm representing the constituents who are tired of looking at that problem and hearing the can kick for what they perceive as formalities. I disagree. If somebody told me there's pieces of land and the only thing that can go on that piece of land is a storage unit, it's that or nothing, wow. I mean, that's an engineer or developer or designer that I wouldn't hire. There's always multiple things that can go there. If you need parking, there's creative ways to do parking. September 13, 2022 Page 134 So somebody better not tell me in this room that a big chunk of green space I have left in District 1 can only be storage units, I mean, I think that's very naive. I want to -- and so that's why I'm looking forward to this study, and I don't want to artificially see a bunch of things force fed in my community in that once we get this study, the study may not have supported those five, six, seven, two things that were built between now and when the study comes, and we go, wow, if we had to do it all over again, boy, this study sure gave us a lot of great information. It would have been nice to have that back in November, December, January, February, March, April, May when a few things were sort of, you know, squeezed in to District 1, and they actually don't meet the requirements of what the overlay states. MR. BOSI: Mike Bosi, Planning and Zoning Director. And just to reiterate, the study's done. The East Naples Community Development Study has been accepted. What we are designing is the implementation, the design standards, the mobility standards, the residential standards that will create the overlay. So what I can do is send out the adopted East Naples Development Plan as a precursor to the executive summary we're going to put together that will be the high-level overlay key pieces that the Board could review, and then I make a better evaluation as to how you guys would like to move forward. COMMISSIONER LoCASTRO: It sounds great. CHAIRMAN McDANIEL: So are we continuing it, or are we voting on a moratorium? COMMISSIONER LoCASTRO: We'll continue it. CHAIRMAN McDANIEL: Continue it for two weeks? COMMISSIONER LoCASTRO: Yes. CHAIRMAN McDANIEL: It's been moved and seconded we continue this item for two weeks. MR. KLATZKOW: Do you want me to advertise an ordinance September 13, 2022 Page 135 or not? CHAIRMAN McDANIEL: No. COMMISSIONER LoCASTRO: No. MR. KLATZKOW: Okay. CHAIRMAN McDANIEL: It's been moved and seconded we continue the item for two weeks. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. All right. Item #10B RESOLUTION 2022-141: A RESOLUTION AUTHORIZING THE FORMATION OF A “FRIENDS OF THE COLLIER COUNTY VETERAN’S NURSING HOME” FOR THE PURPOSE OF SOLICITING AND RECEIVING FUNDING FOR DEVELOPING ANCILLARY SERVICES GENERALLY NOT PROVIDED WITHIN A STATE OPERATED FACILITY AT THE FUTURE COLLIER COUNTY VETERAN’S NURSING HOME - MOTION BY COMMISSIONER SAUNDERS TO APPROVE; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MS. PATTERSON: Item 10B is an add-on item. It's a September 13, 2022 Page 136 recommendation to approve a resolution authorizing the formation of a friends of the Collier County veterans nursing home for the purpose of soliciting and receiving funding for developing ancillary services generally not provided within a state-operated facility at the future Collier County veterans nursing home. This is being brought forward at Commissioner Saunders' request. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I had received a phone call from a veterans group that was interested in helping to bring awareness and more visibility to the fact that Collier County may very well be the home of the next veterans nursing home and also to help raise money for the possible provision of services in that nursing home that you generally wouldn't find in a nursing home. So, for example, if we were able to develop some funding to have a second floor on a portion of the building where you don't have the residents living but you have the ability to provide veteran services, daytime services for veterans in the community that might want to go to some type of a facility like that. So it seemed to me to be a really good way to bring awareness to the community about the project, to continue to show community support for the project, and potentially raise money for some programs that could be provided in that. I met with the Clerk of Courts, and anything that we do in terms of raising money would be dealt with directly through the Clerk's Office. We're not trying to create any new 401 -- 501C corporations. We're not trying to develop anything that would be out of the total view of the public. And so Ms. Kinzel has been very kind to assist us in developing the resolution. CHAIRMAN McDANIEL: How come she's shaking her head no back there? September 13, 2022 Page 137 COMMISSIONER SAUNDERS: I think she's shaking her head yes. So, again, this would just be a typical type of a friends organization. We have many of those here in the county, but this one would be geared towards bringing awareness and raising funds for the veterans nursing home. CHAIRMAN McDANIEL: Motion? COMMISSIONER SAUNDERS: That would be a motion. CHAIRMAN McDANIEL: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: Third. COMMISSIONER LoCASTRO: Wait. Based on your lack of support on my previous motion, I've got a lot of questions about this one, especially as a veteran. No. I'm just kidding. I think it's a great idea. Just trying to switch, you know, the mojo up here a little bit. Yeah, just trying -- CHAIRMAN McDANIEL: All right. It's been moved and seconded that we approve the walk-on item as presented by Commissioner Saunders. I really think it's a wonderful idea. It's going to do nothing but support that nursing home all the way across the board. So it's been moved and seconded. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. September 13, 2022 Page 138 MS. PATTERSON: Thank you. Item #10C DIRECT STAFF TO AMEND THE LDC AND ADMINISTRATIVE CODE TO REQUIRE MAILED NOTICE TO ABUTTING RESIDENTIAL PROPERTY OWNERS WHEN A PETITION FOR SITE DEVELOPMENT PLAN OR SITE EVELOPMENT PLAN AMENDMENT IS FILED FOR COMMERCIAL PROPERTY - MOTION BY COMMISSIONER TAYLOR FOR STAFF TO COME BACK WITH OPTIONS AT THE SEPTEMBER 27, 2022, BCC MEETING; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Item 10C is a recommendation to direct staff to amend the LDC, the Land Development Code, and Administrative Code to require mailed notice to abutting residential property owners when a petition for Site Development Plan or Site Development Plan amendment is filed for commercial property. This item was placed on the agenda by Commissioner Taylor and moved from the consent agenda to the regular agenda by Commissioner McDaniel and Commissioner Solis' separate requests. COMMISSIONER TAYLOR: And so, please, let me state right from the beginning, this is not to circumvent the administrative control of these issues nor is it to circumvent our decision making on this body. This is purely to notice neighbors who are abutting or next to a vacant piece of land or even current commercial land, when the issue is handled administratively, that they are noticed. They are noticed when it's brought to us. But now it's a request that they be noticed September 13, 2022 Page 139 when there's an administrative decision making, which is completely appropriate, according to our code. So it's simply to give them an opportunity to weigh in early, not to come and scream and say, how can you do this, but to say, you know, you've got lights on that building. That building is four stories, and, you know, it used to be one story. What can you do about that? It gives them more of an opportunity to interface with the developer. Simple. I see a dark face over there at the end. CHAIRMAN McDANIEL: Yeah, and in the middle. COMMISSIONER SOLIS: Yeah. Mr. Chair, you know, I think a notice is one thing, but I think what you're saying is another, because if it's an administrative process, a landowner would file their SDP amendment, and that's handled administratively. There's an appeal procedure, but that's an appeal. There's no public hearings related to an SDP amendment. COMMISSIONER TAYLOR: Correct. But in the case, for instance -- and Mr. French was intimately close with this. And I speak from personal experience -- with the folks in the Pelican Isles -- Isles of Collier, they had a -- they have a Hampton Inn going next door to them, and they found out about it, unfortunately, late in the game. And what happened is and we -- Mr. French facilitated a meeting with the developer, but the developer, obviously, felt they were too far down the road to even modify where the garbage was going to be picked up on the property right next to the backyard of people with pools. And, you know, it became, look, we're so far down the road, we can't do this. Now, what would happen if they had had a notice earlier that this was going on? Then at least these residents would have reached out earlier to Mr. French. He would have arranged a meeting, and they could have -- you know, the developers still may say, no, we're September 13, 2022 Page 140 not going to do it, but at least there would -- they would have felt more part of the process. And as we are growing, as these infill properties increase, increase because the space is getting smaller and smaller, I think it's critical for quality-of-life issues to allow the neighbors to be noticed. So I'm waiting for a yes or a no. CHAIRMAN McDANIEL: I've already expressed my discontent with it. COMMISSIONER TAYLOR: You don't want to? CHAIRMAN McDANIEL: No, I don't think it -- no. We have laws. We have codes. We have -- we have restrictions and rules as to how we conduct our business and what people are allowed and not allowed to do. And I think it's a burden already. It's an additional burden on the property owners with the rights that they already, in fact, have, and I don't think that it's requisite for us to be imposing another notice process. I can certainly see your contention, because I remember the people that had the hotel pop up over there, and I think there were some amendments that were made once the community actually realized what was, in fact, going on. Maybe not as many as could have been in a process, but -- COMMISSIONER TAYLOR: It was by default. CHAIRMAN McDANIEL: Well -- and I have -- I have no interest in supporting this. We already have a set of rules and regulations that are in place -- COMMISSIONER SOLIS: Do you have any speakers? CHAIRMAN McDANIEL: -- for folks. Do we have any speakers on this? No. Commissioner LoCastro. COMMISSIONER LoCASTRO: Yeah. You know, I think it's our job as commissioners to inform our constituents of things that are September 13, 2022 Page 141 popping up, you know, in the district. I just think this -- this is above and beyond. I mean, it would be maybe a nice convenience, but I'm trying to decide if it's a requirement. You know, Mr. Bosi and Mr. French know that, you know -- because I see things pop up in District 1 that haven't come to commissioners for a vote and I think before Commissioner Taylor or somebody was saying, sometimes citizens really don't understand the process. Everything you see built isn't approved by commissioners. A lot of things that fit the footprint, they're not asking for variances. That's why I have an AutoZone popping up at the corner of Collier and 41, and it's nothing that anybody voted on here, because they didn't need to. But I think, you know, we have to be the eyes and ears of our district, and if we know something is coming, you know, you have to have a close relationship with county staff so you know who's applying for what permits. And if you think it's going to be something controversial and if there's a community that butts up against it, I mean, that's why we all have town hall meetings, that's why we all try to converse with our constituents. I think there's things in place to let citizens know what's coming and -- COMMISSIONER TAYLOR: But there isn't. CHAIRMAN McDANIEL: There is. Excuse me. Commissioner Saunders is lit up. COMMISSIONER SAUNDERS: Thank you. Maybe there's a -- I don't think that this is necessarily a bad idea, and maybe we can massage this a little bit. I have a question for staff. In terms of the number of site plan applications and the number of applications for site plan amendments, in a typical year -- now, this has been, perhaps, a different year or two. But typically, how many of those would you expect to have? I'm going to guess it's a big September 13, 2022 Page 142 number. COMMISSIONER LoCASTRO: A real big number. COMMISSIONER SAUNDERS: There are site plan applications and amendments to site plans. MR. FRENCH: Thank you, Commissioner. For the record, again, Jamie French. A good range would probably be somewhere around 450 to 600 per year. COMMISSIONER SAUNDERS: That's a little less than what I would have guessed. COMMISSIONER LoCASTRO: Yeah, I would have thought bigger than that. COMMISSIONER SAUNDERS: But maybe there's a way to deal with this that if you have a piece of property and it's subject to a site plan administrative approval, or subject to an amendment to a site plan administrative approval, that it be posted on the property so that everybody in the neighborhood will know what's going on on that property. Is that something that would make any sense at all? I mean, we post for zoning changes. So posting would not be an unusual thing to do, but would it make any sense there? MR. FRENCH: That would require an LDC change. It's currently not -- there's no requirement for them to do that. Now, we do provide each one of your offices, with your aides, all of the projects that are going on, all the commercial activity that goes on in your district as well as countywide. Diane Lynch -- it used to be Mike Levy within our shop that did that, and Diane transitioned into that role. But that's published typically -- if not on a monthly, on a quarterly basis at the latest. All of that information by parcel ID or project name it also available online to anyone through our CityView portal, but there is no requirement in the LDC that requires them to post, like, a building September 13, 2022 Page 143 permit. They don't have a job site board. COMMISSIONER SAUNDERS: Well, let me ask the County Attorney, because I don't want to get into a situation where we may have a disagreement on staff. But, Mr. Klatzkow, is that correct that if we simply wanted to require some notice provision, that it would require an LDC amendment? MR. KLATZKOW: This goes back to the zoning in progress with a moratorium. If you want to direct staff to do this and then we bring back the ordinance, we can do it that way. So they would start -- they would start posting the notices immediately, and then in a meeting or two, we could bring back the ordinance that would implement it. COMMISSIONER SAUNDERS: Well, Commissioner Taylor, maybe as a middle ground here, maybe we would require some posting of that. COMMISSIONER TAYLOR: That requires responsibility that the neighbors need to take, and I'm very comfortable with that. If they are concerned about what's going on next door to them, and they see something posted, then they read. If they don't, they don't. But I like that a lot. COMMISSIONER SAUNDERS: Maybe you could bring something back that would tell us how we could do that. MR. KLATZKOW: Well, we'll bring back the LDC change, but what I'm saying is that it would start today, and then when the LDC change came, you make a decision. COMMISSIONER SAUNDERS: Well, let's see if anyone on the Board wants to start that from the right-hand side of the Board. CHAIRMAN McDANIEL: Well, there hasn't been a motion made at all. She's down there -- Commissioner Taylor's down there counting noses, so are you going to make a motion? COMMISSIONER TAYLOR: Oh, I'll make a motion, but I September 13, 2022 Page 144 wanted to hear what -- CHAIRMAN McDANIEL: Well, we've already -- COMMISSIONER TAYLOR: -- the thought -- the concept of rather than having folks individually noticed, there would be posting on the property itself. MR. KLATZKOW: Now, you're going to need four votes. So if there's not four votes up here for it, I don't know that you proceed. COMMISSIONER TAYLOR: Yep. CHAIRMAN McDANIEL: Correct. And so -- COMMISSIONER LoCASTRO: Is the motion to do it, or the motion's to bring back an idea of how it could be done? COMMISSIONER SAUNDERS: I think the -- Commissioner Taylor, I think if there was a motion, I think the appropriate thing would be for -- at our next meeting for staff to come back and indicate whether or not we could do that. If it requires an LDC amendment, we can direct staff at that point in time to do the amendment and make it effective in two weeks. But I think it would give everybody an opportunity to opine as to how that would work. So that's what I would suggest. I would support a motion to ask staff to come back at our next meeting to determine whether or not it's feasible to require posting on property when there's a Site Development Plan or a Site Development Plan amendment that requires administrative approval. If we -- at that next meeting, if we decide to move forward with it, we could direct staff to do the LDC amendment, but it would become effective once we made that determination. I would support that motion. COMMISSIONER TAYLOR: If you're making that motion, sir, I'll second it. COMMISSIONER SAUNDERS: No, I'll let you make the motion. COMMISSIONER TAYLOR: I'll make that motion. For staff September 13, 2022 Page 145 to come back. COMMISSIONER SAUNDERS: I'll second it, and we'll see if there's support to -- COMMISSIONER TAYLOR: Feasibility of this. COMMISSIONER SAUNDERS: So we're not imposing this as a requirement now. We're going to investigate it. CHAIRMAN McDANIEL: I understand. Personally, I don't support this either. I would rather -- Commissioner LoCastro -- and as hard as it is for you to agree with me, I'm now going to agree with Commissioner LoCastro. I like -- COMMISSIONER LoCASTRO: Terri, did you get that? Please, put it all in caps. CHAIRMAN McDANIEL: Write that down. I would rather take on the burden myself. I would rather have better edification from you, Mr. Bosi, Mr. French, with regard to what's going on in my neighborhood so that I can notify the people of what's, in fact, coming up when an administrative adjustment comes down the line. I would rather take that responsibility myself than try to put the onus on a developer and/or on a neighbor that's driving by at 50 miles an hour on a sign and/or, again, additional expense. I would rather -- I would rather us -- I would rather take that responsibility myself. And it's not that hard. I mean, you folks know when someone comes in for an application for a building permit or an SDP amendment that can be administratively taken care of, click, that's in District 5, McDaniel needs to do. I would rather do it that way, personally. Commissioner LoCastro. COMMISSIONER LoCASTRO: I don't think a -- I think it will be rare that I ever vote against bringing something back because I want to be open to your expertise, and you might say something in September 13, 2022 Page 146 two weeks where I'm like, wow, I hated that idea, but I'm glad I didn't shoot it down, you know. And bringing something back costs us nothing. I'll kind of echo what Commissioner McDaniel said on my motion previously about the moratorium: I think I'm going to hate it, but I would vote to support to bring it back. And one of the reasons why, I'm a big opponent of sign pollution, and if you're telling me 400, 500, 600, 7- -- and also the manpower needed to put up signs, whether it's the developer or not, just the requirement to do it. So these are some of the things -- and the reason I'm voicing them now is because I'd like to see those addressed in two weeks. Like, could it be done? Oh, we can do anything. But a lot of times you see signs up for hearings, and I have to send you guys an email and say, the hearing was over four months ago. Can somebody talk to the developer and take it down. And regardless of whose responsibility it is, it's still sign pollution. It's still people driving by that sign for three months, and it should be down. This would be a much more fluid, a much bigger requirement for signs going up, signs going down, signs going up. But I don't think I'd ever vote against our staff coming back and educating us on how something could be done. So I support the motion, but I think unless I hear something amazingly magical, similar to, you know, Commissioner McDaniel says at times, I don't want to show my hand. But I only say that so that you take those things into consideration and prove that in two weeks you could present something to us that is doable, smart, and supported, you know, by the majority of us. MR. FRENCH: Thank you, Commissioner. Again, for the record, Jamie French. Perhaps we could just bring back some suggestions to include September 13, 2022 Page 147 some online options, and that might fit the bill for you. COMMISSIONER LoCASTRO: Yeah. MR. FRENCH: Because everything we do is in data anyway. COMMISSIONER TAYLOR: And that would make sense, so then it would be incumbent upon us as commissioners to let our neighborhoods know that there is a portal by which you need to monitor, and that also is an option. So it's really to -- it's really to become rote for our neighbors. They must take responsibility in this. I'm not suggesting we spoon-feed them anything, but they have to take responsibility. MR. FRENCH: Yes, ma'am. And so if you'll allow me, I'll come back with some options with staff to include online. Our fear is when you start, as Commissioner LoCastro has alluded, I would openly ask you to think about the sign that may get knocked over, and then we've got 26 code enforcement officers that get to go chase this down to talk to a commercial property owner to go stand their sign back up. And SDPs can last multiple years, so you may be getting some more calls, Commissioner, that they're tired of seeing this sign. So we'll come back with some options, and I appreciate you giving me a minute. COMMISSIONER LoCASTRO: I like the online option, and some people that might be hearing this might be saying, oh, God, as a citizen I have to go to this website all day long. You know, most communities that I represent have an HOA, have a board, have a group of people that have been elected, and part of their responsibility is to keep their radar on so every single person in their community doesn't have to, and then they put it in the Coconut Tele, which is, you know, Isles of Capri's newsletter or Riviera Golf Estates has one. And so I think that would be a viable option. Then it would be on us as a county and as commissioners to really aggressively, if we September 13, 2022 Page 148 went with this option, to advertise that site, especially to the leadership of these different communities that have boards. They all don't, but at least in my district most do or, you know, you could -- there's other ways to get that word out. So I'd be for you coming back in two weeks with an online option, and other options. You know, brainstorm what else. But I agree that signs all over the place wouldn't be something I'd support. COMMISSIONER SAUNDERS: I think we need to change the motion. CHAIRMAN McDANIEL: Uh-huh. COMMISSIONER TAYLOR: I'll change the motion to ask staff to come back with options regarding the initiative to notify residents about administratively -- administratively administered land-use changes that do not rise to a public notice. MR. FRENCH: And just for clarification -- thank you, again -- we don't -- we're not speaking about a change of use for a business that would require -- COMMISSIONER TAYLOR: No. MR. FRENCH: -- or if they were adding a stairwell, which would actually require a Site Development Plan amendment, to an already existing building. COMMISSIONER TAYLOR: No. MR. FRENCH: You've got a significant change. COMMISSIONER TAYLOR: Yes. MR. FRENCH: Okay. Yes, ma'am. I get it. COMMISSIONER TAYLOR: And define that within the wording of -- MR. FRENCH: No problem. Thank you very much. COMMISSIONER TAYLOR: Thank you. CHAIRMAN McDANIEL: Are you still seconding that? COMMISSIONER SAUNDERS: I'm thinking about it. September 13, 2022 Page 149 CHAIRMAN McDANIEL: Okay. Because I'm just -- I'm sitting here talking to myself, and I'm -- I can just see us -- I can just see us moving down -- COMMISSIONER SAUNDERS: I'll second it just to see what comes back. CHAIRMAN McDANIEL: Yeah, okay. And, again, like Commissioner LoCastro said, I certainly don't ever want to not hear from staff when there's a -- when there's a -- when there's a new mousetrap that's going to be built, but I just see this being far more problematic for our community than is requisite for what the intent is. So we'll hear it in two weeks. Nothing's going to happen in those two weeks. County Attorney, we're going to review it in two weeks and then make a decision? MR. KLATZKOW: Yes, sir. CHAIRMAN McDANIEL: Okay. It's been moved and seconded that we do something in the next two weeks and then talk about it again in two weeks. Whatever -- I'm sorry. I made a joke. Commissioner Taylor made the motion to, and Commissioner Saunders seconded it. You okay with that? All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. COMMISSIONER LoCASTRO: See, Commissioner McDaniel, that wasn't so painful. I feel good for you. September 13, 2022 Page 150 CHAIRMAN McDANIEL: My pen's not working. All right. Item #10D REQUEST THE BOARD TO APPEAL THE HEARING EXAMINER’S DECISION IN HEARING EXAMINER DECISION NO. 2022-38 WHICH FINDS THAT THE PROPOSED USE OF SELF-STORAGE/MINI WAREHOUSING, INDOOR (SIC CODE 4225) IS COMPARABLE IN NATURE TO OTHER PERMITTED USES IN SECTION 4.3.A OF THE WENTWORTH ESTATES MIXED USE PLANNED UNIT DEVELOPMENT CREATED BY ORDINANCE NO. 03-51, AS AMENDED. (PETITION NO. PL20220001501) - MOTION BY COMMISSIONER LOCASTRO TO BRING BACK TO THE SEPTEMBER 27, 2022 BCC MEETING; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that moves us to Item 10D, which is an add-on item. It's a request that the Board -- request to the Board to appeal the Hearing Examiner's decision in Hearing Examiner Decision No. 2022-38, which finds that the proposed use of self-storage mini-warehousing indoor SIC Code 4225 is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed-Use Planned Unit Development created by Ordinance No. 03-51 as amended. This item is placed on the agenda at Commissioner LoCastro's request. COMMISSIONER LoCASTRO: Okay. So let me -- CHAIRMAN McDANIEL: Before you jump -- COMMISSIONER LoCASTRO: Yes, sir. CHAIRMAN McDANIEL: -- can I ask a favor? September 13, 2022 Page 151 COMMISSIONER LoCASTRO: Yeah. CHAIRMAN McDANIEL: Can you continue this for two weeks so we can have an opportunity to review it and speak with the Hearing Examiner and talk to all parties considered? COMMISSIONER LoCASTRO: Sure. And maybe Mr. Klatzkow can better summarize what we're trying to do here. It wasn't to have you vote on reversing this or anything. It was -- because we talked at great length. The Hearing Examiner approved something, and I was watching it very closely and met with Mr. Klatzkow several times, and we think there's some fine print in here that I just wanted at least to have this HEX approval given eyes by us to see if we thought it was circumventing the process a little. This isn't a normal storage unit. It's a little bit of a unique one with cars and some other things. But all's we were asking today was that we would bring this back -- MR. KLATZKOW: This is just -- COMMISSIONER LoCASTRO: -- correct? MR. KLATZKOW: This is just to see whether or not the Board wants to appeal the decision. You're not making any decisions here other than that. Staff would then process it, and you'd have the whole information. COMMISSIONER LoCASTRO: Yeah. COMMISSIONER TAYLOR: All right. So then the details are coming. COMMISSIONER LoCASTRO: Yes. COMMISSIONER TAYLOR: Do we want the details? MR. KLATZKOW: I can give you some of them now, but the details will be coming to you -- CHAIRMAN McDANIEL: Yeah, I don't need anything now. MR. KLATZKOW: -- when the appeal is heard. September 13, 2022 Page 152 COMMISSIONER SOLIS: Hear the appeal. MR. KLATZKOW: There's -- in the LDC you have 30 days to appeal an administrative decision. We're a party to this, the county is, so this would be the Board appealing that decision within a 30-day time frame. CHAIRMAN McDANIEL: So the appeal is not a denial? MR. KLATZKOW: Nope. CHAIRMAN McDANIEL: This is just a review of setting the stage -- MR. KLATZKOW: Yes. CHAIRMAN McDANIEL: -- for the appeal for us to have a decision in two weeks? MR. KLATZKOW: Yes, sir. COMMISSIONER TAYLOR: And the clock stops -- starts when we ask for this appeal? MR. KLATZKOW: Well, it stops the clock. Right now the clock is ticking. This stops the clock. CHAIRMAN McDANIEL: Thirty days comes from his decision. You were lit up, Commissioner Taylor. Do you have anything else to say? COMMISSIONER TAYLOR: No. That's it. Thank you. CHAIRMAN McDANIEL: Okay. Commissioner Solis. COMMISSIONER SOLIS: Yeah, I agree. I think we should -- it's weird that we're appealing our HEX -- we're appealing our HEX officer's decision, but I think it's a policy issue that I think we need to talk about. It's a -- it's definitely worth having a conversation, but I don't know where it will end up or where I'll end up on it, but it's certainly worth talking about because I think it has a broader policy effect than just this one. CHAIRMAN McDANIEL: Sure. September 13, 2022 Page 153 MR. KLATZKOW: And it does. CHAIRMAN McDANIEL: Those are forthcoming uses, and maybe we need to have a little more detail. Commissioner LoCastro, you had something else? COMMISSIONER LoCASTRO: Well, I just wanted to add, our HEX -- I'm not -- I'm not stating that the HEX did anything wrong. I think he does an incredible job, but it's also our job to monitor what's being approved at levels below us and, obviously, we have the right, that if we see something approved -- we had this with the food truck park on Isles of Capri -- that we bring it forward for our set of eyes before final approval or, like you said, it could be overturned. On this one, you know, to save some time here, Mr. Klatzkow and I, and even members of our county staff, see some things that really should get a close look. As Commissioner Solis said, this has been a topic on some other things, and this -- when I saw this come up, I was, like, here's another example of something I just want us to take a closer look at before we give the go-ahead. But what it does do is it keeps this developer from being able to do anything until we -- we discuss it. But I don't think two weeks is excessive. CHAIRMAN McDANIEL: And I concur. It's been moved and seconded that we -- that we bring this item back in two weeks. I think somebody made that motion; did they not? COMMISSIONER LoCASTRO: No, I make the motion. CHAIRMAN McDANIEL: And I'll second it. So, therefore, then, it's been moved and seconded that we do that. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. September 13, 2022 Page 154 COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. Next? MS. PATTERSON: Next meeting's going to be really busy. CHAIRMAN McDANIEL: Yes, ma'am. MS. PATTERSON: Okay. That's going to move us along back to the Item 11s. We have a court reporter break in about 20 minutes, and we're up with the Hussey property. CHAIRMAN McDANIEL: So what time is your court reporter break? Now? That's all right. We'll come back at 2:43. (A brief recess was had from 2:33 p.m. to 2:43 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN McDANIEL: I know we need three. It's just me making a point. There's Roosevelt in the back right there. Do you want to read the item in as we're waiting on our colleagues to join us? MS. PATTERSON: I will, yes. It's a lengthy title, and I have to speak slowly, so I will start now. CHAIRMAN McDANIEL: There you go. Item #11B AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN G. VEGA, AS TRUSTEE OF THE IRREVOCABLE TRUST FOR THE BENEFIT OF THE CHILDREN OF F. DESMOND HUSSEY, III, DATED JUNE 20, 2011; FRANCIS D. HUSSEY, JR., DECEASED, AND MARY PAT HUSSEY, HUSBAND AND WIFE; SEAN MEADE HUSSEY, TRUSTEE, AND HHH INVESTMENTS LIMITED PARTNERSHIP, A FOREIGN September 13, 2022 Page 155 LIMITED PARTNERSHIP, FOR APPROXIMATELY 256 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $2,091,000, AND TO APPROVE AS A CONDITION OF PURCHASE BY CONSERVATION COLLIER, THE RIGHT OF THE COUNTY TO LATER PURCHASE A PORTION OF THE PROPERTY FOR FUTURE RIGHT-OF-WAY FOR THE WILSON BLVD.- BENFIELD ROAD EXTENSION, IF AND WHEN NEEDED, AT THE PER-ACRE ORIGINAL ACQUISITION COST, TO BE PAID DIRECTLY TO CONSERVATION COLLIER - MOTION BY COMMISSIONER TAYLOR TO APPROVE; SECONDED BY LOCASTRO – APPROVED MS. PATTERSON: Item 11B is a recommendation to approve an agreement for sale and purchase with John G. Vega as trustee of the irrevocable trust for the benefit of the children of F. Desmond Hussey, III, dated June 20th, 2011; Francis D. Hussey, Jr., deceased; and Mary Pat Hussey, husband and wife; Sean Meade Hussey, Trustee; and HHH Investments Limited Partnership, a foreign limited partnership, for approximately 256 acres under the Conservancy Collier Land Acquisition Program at a cost not to exceed $2,091,000, and to approve as a condition of purchase by Conservation Collier the right of the county to later purchase a portion of the property for future right-of-way for the Wilson Boulevard/Benfield Road extension if and when needed at the per-acre original acquisition cost to be paid directly to Conservation Collier. Summer Araque, principal environmentalist specialist from Parks and Recreation, will present. MS. ARAQUE: Good afternoon, Summer Araque, principal environmental specialist. I have a brief presentation, or I can answer any questions you have. Would you like a presentation? September 13, 2022 Page 156 CHAIRMAN McDANIEL: Pleasure? COMMISSIONER TAYLOR: Uh-uh. CHAIRMAN McDANIEL: Don't need a -- I don't need a presentation. I'm ready. Somebody make a motion. COMMISSIONER TAYLOR: To approve it? CHAIRMAN McDANIEL: Yes. COMMISSIONER TAYLOR: Oh, I'll make a motion to approve it. CHAIRMAN McDANIEL: Okay. COMMISSIONER LoCASTRO: Second. CHAIRMAN McDANIEL: It's been moved and seconded that we approve as presented. Any other discussion? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. That was a wonderful presentation. MS. ARAQUE: Thank you. COMMISSIONER TAYLOR: And compliments to the staff for thinking ahead on this. CHAIRMAN McDANIEL: Yes. Item #11E September 13, 2022 Page 157 A LAND DEVELOPMENT CODE AMENDMENT TO ALLOW MEDICAL/CANNABIS DISPENSARIES IN THE SAME ZONING DISTRICTS AS PHARMACIES AT TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND WAIVE THE NIGHTTIME HEARING REQUIREMENT - MOTION BY COMMISSIONER SAUNDERS TO CONTINUE TO JANUARY 2023 BCC MEETING; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11E, formerly 16A31. This is a recommendation to hear a land development -- recommendation to hear a Land Development Code amendment to allow medical cannabis dispensaries in the same zoning district as pharmacies at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. This item is being moved at Commissioner Saunders' and Commissioner LoCastro's separate requests. Mr. Mike Bosi is here to answer questions. CHAIRMAN McDANIEL: If there are any. Commissioner Saunders, do you want to go first or Commissioner LoCastro -- let's let Commissioner Saunders go first. COMMISSIONER SAUNDERS: The reason that I -- CHAIRMAN McDANIEL: Stay on the mic, please. COMMISSIONER SAUNDERS: I was looking for my notes. The reason that I pulled this is I don't know that there's -- this requires four votes and a lot of staff time and a lot of commission time. I don't know that there's four votes up here to do this, number one but, number two, if we don't move forward with it, there's a request to not have the night hearing. And I think this is so controversial that I would just raise that question as to whether or not the night hearing should be -- September 13, 2022 Page 158 CHAIRMAN McDANIEL: I didn't get named on this. I was going to actually ask that it be amended to allow for a night hearing if we did, in fact, go forward, because there's a lot of people that would like to come and speak that can't make it during the day hearing, so -- but -- COMMISSIONER SAUNDERS: I would make the statement -- and, again, the reason I wanted to see -- bring this up to see if there really is any support to move forward with it. I'm not supportive of opening the door to marijuana pharmacies at this point, so I would be somewhat reluctant to support this. I don't know what the rest of the Board's feeling is, but I thought, well, if there's not support for this, then why go through the process. CHAIRMAN McDANIEL: I concur. Commissioner LoCastro. COMMISSIONER LoCASTRO: No, I mean, I echo what Commissioner Saunders said. Because -- and if I'm hearing you correctly, you don't want to cancel nighttime hearings because it's -- and even if nighttime hearings aren't well attended, it's still -- you know, still having them the three people that show up, it's important to them. COMMISSIONER SAUNDERS: Two issues. Number one, if we do go forward, I think we should have the night hearing, but I would support the effort of not going forward. COMMISSIONER LoCASTRO: Right. No. Yeah. And I would concur. CHAIRMAN McDANIEL: Well, let's just -- I'm -- we are -- I'm bringing this forward because I believe we are outside the guise of the law for the state of Florida. The constitutional amendment provided for the dispensing of cannabis. The law that was generated by the state gave us two options. One, ban them or, two, allow them and treat them as if they are, in fact, pharmacies September 13, 2022 Page 159 except for certain conditions for their allowance. We have done neither. And, again, Mr. Klatzkow and I have gone round and round and round with regard to the definition not being included within our LDC. Mr. Bosi and I have done the same thing. And so we haven't had support for nor have we made a move to ban them nor have we made a move to allow them. So that's the effort that's there. This is a constitutional issue. There's certainly a lot of discussion on both sides of the fence with regard to what, in fact, it does or doesn't do. It is allowed. It is a constitutional amendment. The dispensing of cannabis is, in fact, happening as we speak. The folks who do utilize it here in Collier County have to travel outside of the county in order to -- if they want to go in person. So that's my -- that's my entire rationale. But if there isn't four votes, then a motion should be made to ban them, and then we're within the guise of the constitution, and off we go. Commissioner Solis. COMMISSIONER SOLIS: I'm going to agree with the Chairman. We have to fish or cut bait, as they say. I think that's what the law says. I've been of the opinion that the Constitution says what it says, and the legislation requires us to do one or the other. I would point out that it's my understanding that one of the places where there are the most dispensaries is just on the other side of my district, which means there's a lot of demand for constituents of ours in the county. CHAIRMAN McDANIEL: There is. COMMISSIONER SOLIS: It's not whether I think it's a good idea or not or whether we think it's a -- you know, marijuana should be used medicinally or not. It's -- the law is what it is. So I -- I think we need to move forward, and whether we end up banning it, okay, or not. I mean, we need to do something, because that's what September 13, 2022 Page 160 the law requires. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: I can't support going forward. I would agree that we made a decision, I guess it was last year or the year before, and I still hold with that decision. And I would remind my colleagues that this was defeated at DSAC 10-0 and also at the Planning Commission 7- or 6-0. So I think that -- I agree with Commissioner Saunders, I think we need to take a tally of who wants to go forward, and if they don't have the votes, then we should not proceed. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Either Ms. Patterson or Mr. Klatzkow, just -- I'd like you to summarize or explain exactly what we're voting on here. I didn't believe we were voting on yes or no to dispensaries in Collier County. As I read it is it's a recommendation to hear a Land Development Code amendment, blah, blah, blah, blah, blah. I mean, the discussion right now is like, hey, are we for or against it in Collier County? That's not what we're voting on here, correct? MS. PATTERSON: (Nods head.) COMMISSIONER LoCASTRO: So, for the record, summarize what this -- what this topic is that we're voting on. MR. KLATZKOW: The way the LDC is structured is that if it's not a permitted use within the LDC, you can't do it. CHAIRMAN McDANIEL: Defined. MR. KLATZKOW: Right. Medical marijuana dispensaries are not an allowed use in our LDC. CHAIRMAN McDANIEL: Not defined. MR. KLATZKOW: Therefore, you cannot do them in Collier County. You cannot do them in Collier County unless we amend the LDC to expressly allow them. September 13, 2022 Page 161 CHAIRMAN McDANIEL: Correct, correct. MR. KLATZKOW: And that's the purpose of the hearing. COMMISSIONER LoCASTRO: So if we killed the motion to hear what an amendment would look like to the Land Development Code, then we basically have killed this whole -- this whole issue, right? Then it won't even come to a -- the dispensary vote won't come to us, correct? MR. KLATZKOW: Correct. COMMISSIONER LoCASTRO: Okay. You know, just my feeling, I mean, I'm a veteran. I know a lot of veterans that get help from medical marijuana to help with a lot of issues with PTSD. All of the people know I was the COO of Physicians Regional. There are people that had very serious medical issues, you know, cancer, leukemia, that were being helped. I actually spent an entire day when I was a candidate in one of the dispensaries across the county line just to see what was -- what was happening there and what kind of customer base were coming in. It was a lot of elderly people. It was a lot of actually moms and dads who have kids that have seizures, and they're being helped a lot by the cannabis oils. It wasn't -- and I can say this because I have a Harley. It wasn't a bunch of guys on Harleys all coming in with a prescription written on a cocktail napkin and, you know, they were all walking out with a case of joints. Having said that, not supporting dispensaries in Collier County isn't keeping anybody from getting anything. Some of the people that I know that have a prescription for medical marijuana get it mailed to them. I've got a dispensary in my district already. It's on Marco Island. So there's actually less Trader Joe's within a mile of -- or within a driving distance of this building than there are dispensaries. So the ability to get what you need exists. September 13, 2022 Page 162 I've gotten an overwhelming majority -- and I think we probably -- some of us might have an overwhelming majority of citizen input not for it. And the ones that sent me very responsible, well-thought-out notes were, it is available. I don't -- they didn't necessarily want to see it in Collier County, although it already is. It's on Marco. I'm not against hearing -- like I said, you know, if what we're voting on here is hearing a Land Development Code amendment, I just think if we don't vote to hear that, then we're sort of prematurely -- maybe that's a bad choice of words -- prematurely voting no against medical marijuana, and I think that's an entirely different discussion. I'd like to hear people from both sides and whatnot. So am I -- am I misunderstanding what we're voting on here? But if we all voted to not hear a Land Development Code amendment, then we will never hear the argument, the discussion on medical marijuana; is that not correct? MR. KLATZKOW: Well, no. CHAIRMAN McDANIEL: That's not correct. COMMISSIONER LoCASTRO: Okay. That's what I want to know. CHAIRMAN McDANIEL: It never is forever. COMMISSIONER TAYLOR: With all due respect, we did hear it. COMMISSIONER LoCASTRO: Yeah, way back when. CHAIRMAN McDANIEL: We've heard it multiple times. Commissioner Solis. COMMISSIONER SOLIS: What I would suggest is that we just make a decision. Not by just inaction, but we make a decision and we move it forward to a hearing where we either ban it or we're going to allow it, I mean, and just -- we need to make a decision, in September 13, 2022 Page 163 my opinion, and I think that's what the public deserve. I mean, right now we're just kind of -- we're just -- it's -- CHAIRMAN McDANIEL: Limbo. COMMISSIONER SOLIS: It's a decision by inaction, and that doesn't -- that doesn't feel right to me. If we're supposed to do one or the other, I think we need to do one or the other. CHAIRMAN McDANIEL: Commissioner LoCastro, you're absolutely correct. I put the item on here to bring the hearing forward. Commissioner Saunders is adeptly pointing out the fact that he's not counting four noses which it requires per the County Attorney's rule with regard to the definition. And so we haven't voted to ban. And I -- nor have we voted to allow and/or, in fact, amend the LDC. This item got pulled up today to have this discussion. I wanted you folks to hear why I was bringing this forward and that I believe, as Commissioner Solis, is that we should -- but I also understand that we have a lot of time with staff and effort and advertising and so on and so forth. But we haven't heard from the community. I've started to get both pros and cons from folks that are -- that are interested in this. So I just -- a de facto ban with inaction is not the way I prefer to govern, so therein lies the reason why I'm bringing it forward, so... COMMISSIONER LoCASTRO: So voting positive on this would allow us to have that hearing and hear both sides and then make the determination, like you said, once and for all. And I think regardless of what side you're on, if we voted against this right now, we've just stifled both sides to be able to come here and present, you know, their information. CHAIRMAN McDANIEL: That's correct. COMMISSIONER LoCASTRO: So if alls we're -- you know, and I want to be just clear of what I'm voting on. If alls I'm voting on here is exactly what I thought I was, which was to allow a hearing September 13, 2022 Page 164 so that we could make a decision with all of the info and, regardless of the outcome, citizens couldn't say we shot it down with nobody in the room, you know, giving us either side. I think that would be, you know, not the way to go. CHAIRMAN McDANIEL: Commissioner Taylor already pointed out this item has been heard multiple times, at least two different times, and we weren't able to -- we weren't able to actually come to a consensus. And, again, it boils down to, there isn't three votes -- there wasn't three votes at one time to ban it, nor was there four votes to amend the LDC. And so then we end up in this discussion about the definition. So you're -- if we are going to hear this, I would like for us to have at least one of those hearings in the evening, so... Now, if that -- we want to do that evening hearing first, fine. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN McDANIEL: Yes, sir. I'm sorry. Commissioner Saunders. COMMISSIONER SAUNDERS: This is a pretty controversial issue. And if we are going to hear it, then I think we should hear it when the new board is impaneled as opposed to rushing this through between now and the middle of November. That way no one can complain that there's a rush to judgment on it. CHAIRMAN McDANIEL: Okay. COMMISSIONER SAUNDERS: So I -- CHAIRMAN McDANIEL: The intent was not a rush to judgment. If you recall, I brought this item forward before we went on our summer break. So there's no rush to judgment here by any stretch. COMMISSIONER SAUNDERS: To avoid the appearance that there is. CHAIRMAN McDANIEL: Okay. September 13, 2022 Page 165 COMMISSIONER SAUNDERS: Not that -- I'm not suggesting that you rushed this on at all. But we do have a new board coming in in about five or six weeks and, as I said, this is a controversial issue, and maybe we should delay it, that consideration until then. CHAIRMAN McDANIEL: I'm fine with that. COMMISSIONER TAYLOR: That certainly would avoid listening -- have it heard every time there's a new board. COMMISSIONER SAUNDERS: Well, that's true, too. CHAIRMAN McDANIEL: Well, there again -- okay. And I'm fine with that. I mean, if you want to continue it until January, I'm fine. Let's do that. January or February? Let's continue it until January. You all right with that? COMMISSIONER LoCASTRO: Yep. CHAIRMAN McDANIEL: Like I said, we're not prohibiting folks from being able to get their medical cannabis. It's just -- a decision will be made with the new board. Next? She's making notes in red, by the way. MS. PATTERSON: Do we have a vote to continue this? CHAIRMAN McDANIEL: Yes. It's been moved and seconded that we continue this till January. And, Commissioner Saunders made that motion, and I'm seconding it. I put words in your mouth. Words matter. COMMISSIONER SAUNDERS: That's okay. CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: (No verbal response.) CHAIRMAN McDANIEL: Opposed, same sign, same sound. September 13, 2022 Page 166 (No response.) CHAIRMAN McDANIEL: So moved. Thank you. Item #11F SECOND AMENDMENT TO INTERLOCAL AGREEMENT COLLIER COUNTY AND THE CITY OF NAPLES GOVERNING USE OF CITY OF NAPLES BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAMS EXTENDING THE TERM TO JUNE 30, 2023 AND REVISING THE PAYMENT SCHEDULE TO A MONTHLY BASIS BASED ON 1.5M PER YEAR - MOTION BY COMMISSIONER SAUNDERS TO APPROVE TO INCLUDE THE CITY’S CHANGES ONLY; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11F on your change sheet, 11G, which was formerly 16D2. This is a recommendation to approve second amendment interlocal agreement between Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and recreation programs extending the term to June 30th, 2023 and revising the payment schedule to a monthly basis based on $1.5 million per year. This has been moved to the regular agenda at Commissioner Saunders' request. And I do, coincidentally, have an item to put onto the visualizer. The city made a couple of stylistic and formatting changes that are different than what's in your packet. It does not change the intent and is not a substantive change, but this gives us a chance to show this to you. This is scheduled to go to the City Council next week. CHAIRMAN McDANIEL: Commissioner Saunders, you brought this up, so... September 13, 2022 Page 167 COMMISSIONER SAUNDERS: Yep. Mr. Chairman, first of all, I have no objection at all to the extension of the existing agreement as amended until June 30th of 2023. What I'm concerned about is we're going to, obviously, get into the holidays here pretty quickly. This is going to kind of sit around. I don't want to be in a situation where in March or April or May we are kind of caught a little bit by surprise that the agreement is going to terminate, and we need to come up with some options. So what I'd like to ask the Board to do, consider, not at our next meeting, not in -- maybe not even in October, but at some time in the very near future start giving us what our alternatives are in the event that we're not able to reach an agreement. Now, part of that would be a question I have for you. You were involved in the negotiations with the city, so you'll have a much better feeling as to where this ultimately is going to go. So I guess my first question is, does it look like come next year that we're going to be able to resolve this issue, or is it going to be a similar situation to what we had this summer? CHAIRMAN McDANIEL: When's the City Council voting on this? MS. PATTERSON: Next week. CHAIRMAN McDANIEL: Well, it depends on how the City Council -- COMMISSIONER SAUNDERS: Well, this agreement -- I'm sure they're going to approve this agreement. CHAIRMAN McDANIEL: I was making a joke. The comment -- I think we will come to an arrangement. I don't -- unless somebody digs in their heels that I'm not -- that I'm not feeling right now, I think we'll be able to come to an agreement. If you folks have something that you would like to see added into this agreement in any form or -- there was discussion, a rather September 13, 2022 Page 168 lengthy discussion about 20-plus MOUs between the county and the city, and all of those coming into play with regard to how we're going to -- how we're going to agree to -- agree or not agree with the city. So those are all the -- as far as I know, and correct me if I'm wrong, Amy, 20 plus MOUs that haven't been touched in forever. MS. PATTERSON: Some a very long time. Some a shorter amount of time. CHAIRMAN McDANIEL: Right. MS. PATTERSON: Some are probably not even applicable anymore, so that's an issue running parallel to this that we're getting our arms around along with the city. But our conversations, even beyond the ones with the Chairs with the city, has not -- they've not been difficult. They've been productive. We have a plan going forward that the City Manager and I have agreed to on how we're going to look at the payment components and the cost components to try to understand this. COMMISSIONER SAUNDERS: So maybe we revisit this whole issue in February or March. I just didn't want to wait until -- my point was I didn't want to -- I wanted to make sure it's on our radar; we don't wait until the last minute. CHAIRMAN McDANIEL: Yes, sir. And I'm glad you brought it up. I mean, it's nice for us to have this discussion and be able to be continuing to move forward, and that way there our residents in the City of Naples and councilmen and women of the City Council can express their thoughts as well, so... MS. PATTERSON: If we encounter difficulties as we embark on these discussions, of course, we will advise you. That way we can correct course in one of probably many ways. CHAIRMAN McDANIEL: It hasn't been the case so far whatsoever. It was all -- and, you know, there again, the city's dealing with a, relatively speaking, new city manager. Ms. Amy's September 13, 2022 Page 169 been with us for 90 days-ish. Well, as a -- as the actual -- as the actual County Manager. MS. PATTERSON: Correct. CHAIRMAN McDANIEL: And there's a very cooperative arrangement going forward, so... Do we need a motion on this for approval? MS. PATTERSON: Yes, we do, please, and also to include that we will incorporate the city's changes that are up on the visualizer. They're style only. COMMISSIONER SAUNDERS: If you're looking for a motion, I'll make a motion to approve that -- CHAIRMAN McDANIEL: I'll second it. COMMISSIONER SAUNDERS: -- those recommended changes, and with the understanding that sometime in the wintertime or very early spring you'll come back and let us know where things are -- MS. PATTERSON: Of course. COMMISSIONER SAUNDERS: -- getting with all of it. CHAIRMAN McDANIEL: It's been moved and seconded that we approve those adjustments. Any other discussions? (No response.) CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Thank you, Commissioners. September 13, 2022 Page 170 Item #11H YEAR 2 OF A 3-YEAR CENTERS FOR DISEASE CONTROL AND PREVENTION GRANT AWARD TO SUPPORT THE COMMUNITY HEALTH WORKERS FOR COVID-19 RESPONSE FOR RESILIENT COMMUNITIES PROGRAM IN THE AMOUNT OF $421,744 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT - MOTION BY COMMISSIONER MCDANIEL TO APPROVE; SECONDED BY COMMISSIONER TAYLOR – APPROVED 5/0 MS. PATTERSON: That brings us to Item 16D9, which is now Item 11H, and I will move over to that. That is a recommendation to approve Year 2 of a three-year Centers for Disease Control and Prevention Grant award to support the community health workers for COVID-19 response for resilient communities program in the amount of $421,744, and authorize the necessary budget amendments. This is being moved at Commissioner Saunders' request, and Kristi Sonntag is here to answer questions. COMMISSIONER SAUNDERS: Mr. Chairman, if I might explain why I pulled this off the agenda. We've all gotten correspondence concerning the use of these funds and what obligations the county will have if these funds are accepted. And I thought it would be very appropriate to have a presentation on what the grant is, what the funds are used for, and what obligations or commitments the county is making once we accept those funds. And I understand from what you said, it's the second year of a grant. So if you could elaborate on what it is and how it works. CHAIRMAN McDANIEL: She's actually over there smiling September 13, 2022 Page 171 and talking like she's listening to you. MS. SONNTAG: I am listening. CHAIRMAN McDANIEL: But she's worrying about Troy getting the right button pushed. MS. SONNTAG: For the record, Kristi Sonntag, Community and Human Services director. I apologize. Let me -- there it is. Right there. Okay. The item before you today, Commissioners, is a grant from the Centers for Disease Control, and this is an item to accept Year 2 of the CDC award for community health workers. The grant was initially applied for in 2021. It was awarded and accepted in September of '21. That was our Year 1. Year 2 was submitted in May of '22, and we received notification in July that we had been awarded Year 2. And this is the item to accept that award. The funding -- the total award amount is $1.4 million over three years. Each year award, as you can see, is $421,744. We completed Year 1 in August of '22. The program parameters include an expansion of community healthcare workers to advance accessible and equitable healthcare in extra-mile communities. An extra-mile community here is Collier is designated as Immokalee and Golden Gate. This particular grant will allow us to expand into other communities like the Bayshore area, Naples Manor, and Everglades City. The primary partners associated with the grant are Collier Health Services and Partners in Health. They're a Boston-based national firm. The grant's primary focus is to encourage individuals to engage in healthcare, and it provides a set of outreach activities that are required. Our performance requirements as a county are to train community healthcare workers in training in the area of COVID-19 response as well as healthcare needs. It's an integration among state September 13, 2022 Page 172 and local agencies. It's to conduct outreach messaging, and our performance measures are to engage persons through messaging. So we have to report on the number of persons that we engage, and we also have to report on the number of agencies and persons we refer to. So the program, once you're engaged in the program with a community healthcare worker, if we refer them to the Salvation Army, that's considered an engagement and a referral. Last year Collier Health Services did 50 pop-up mobile sites where they did blood pressure testing, they did healthcare screenings, they did a variety of different activities and referrals. The program goals is we have six community healthcare workers under this grant. They are two-person teams. They're required to do 20 home visits per month, one group presentation, and a group presentation constitutes one of those mobile units, and then every six months they have to do a media event. So they have to either put something in the paper, they have to do something on the television, and then, as mentioned, the other primary goal is to integrate primary healthcare services. So if someone needs dental services, the workers are to refer them for dental services. You do not have to have had COVID. You do not have to agree to a COVID-19 test. You do not have to have a COVID vaccine to participate in the program. So when they do the pop-up event, if someone comes and says, you know, I'd like to get a vaccination and a booster, they will give them the referral. They are not doing the vaccinations. They are just simply referring. And if a person just wants to be referred to a dentist, they will do that, or a prescription service or whatever. So with that being said, the recommendation is to accept Year 2 of the grant award in the amount of $421,744. With that, I'll take any questions. September 13, 2022 Page 173 COMMISSIONER SAUNDERS: I don't think I have any questions. It seems pretty clear to me. CHAIRMAN McDANIEL: It's absolutely clear. I'll make a motion for approval. COMMISSIONER TAYLOR: Second. CHAIRMAN McDANIEL: And I -- and with this as a -- with this as a comment: I have worked extremely closely with the folks at Partners in Health. Dr. Dan and I have had some really interesting Zoom calls throughout the years. And one of the things that I -- and we all, up here on this board, on this dais, have had some rather interesting discussions about managing through the pandemic. One of the things that I advocated for on a regular basis was education. Education for the population. And the folks at Partners in Health put -- is the word premators (phonetic)? They had volunteers that went door to door in Immokalee, and they passed out -- what was that -- say the word. MS. SONNTAG: Oh, you're talking about the community health workers? Oh, they did -- CHAIRMAN McDANIEL: Through Partners in Health. They call them premators, I think, was the name of them. MS. SONNTAG: Okay. CHAIRMAN McDANIEL: But, anyway, the long and the short of it is, it was no advocacy for or against. MS. SONNTAG: Nope. CHAIRMAN McDANIEL: It was strictly education: Nutritional aspects; if you needed a mask, here's where you go to get the mask; if you needed a vaccination, here's where you go to get that; if you want the booster, here's where you go to get that; here's where you go to buy healthy foods; here's how you better educate your family on nutritional aspects and intake and such. And so I found that group, the folks at Partners in Health, to be September 13, 2022 Page 174 enormously beneficial, and they did it, by the way, in three languages: English, Spanish, and Creole. So all that information was, in fact, made available. So it's been moved and seconded that we approve this item. I appreciate you bringing that up, Commissioner Saunders, just -- COMMISSIONER SAUNDERS: I just wanted the public to hear what the grant was all about -- MS. SONNTAG: Yeah. COMMISSIONER SAUNDERS: -- because there's a lot of unknown -- or a lot of misinformation, perhaps, surrounding it, and I think you cleared it up, so thank you for that. MS. SONNTAG: Just so you know, they did 1,200 home visits last year during the grant year, so I think that's pretty significant. CHAIRMAN McDANIEL: That was the community health workers? MS. SONNTAG: Yep, the community health workers, and they did 37 food deliveries. So they do a lot of really, you know, innovative, creative things to help our folks, so it's a nice grant. So thank you. I appreciate it. CHAIRMAN McDANIEL: It's been moved and seconded. All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Thank you. September 13, 2022 Page 175 Item #15A PUBLIC COMMENTS MS. PATTERSON: That brings us to Item 15. Oh, Troy, public comment? MR. MILLER: We have no registered public comment at this time. MS. PATTERSON: Thank you. I forgot our end-of-the-day public comment. Item #15B STAFF AD COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: And now that brings us to staff and commission general communications. Dan, if you want to give them an update on the mental health workshop scheduled for October. MR. RODRIGUEZ: That's it. MS. PATTERSON: That's pretty much it. I'm sorry. What date is it? COMMISSIONER SOLIS: October. MS. PATTERSON: Okay. We'll get back to you in a second now. We have a mental health workshop coming up in October. Secondly, as discussed prior, we will be bringing back a written policy regarding the current verbal policy on where things land on the agenda based on their dollar threshold with a recommendation of a newer updated dollar threshold based on how far a million dollars doesn't go these days. Also, thank you to the Board. This was a pretty large, 137-plus September 13, 2022 Page 176 items on this agenda today, and we did a pretty good job moving along. So thank you. COMMISSIONER SOLIS: October 4th. MS. PATTERSON: October 4th, thank you. October 4th. COMMISSIONER SOLIS: For the workshop. CHAIRMAN McDANIEL: For the workshop. MS. PATTERSON: Mental health workshop, October 4th. CHAIRMAN McDANIEL: Make sure that's on everybody's calendar -- MS. PATTERSON: Yes, we will. CHAIRMAN McDANIEL: -- if you would, please. MS. PATTERSON: That's all we have. MR. KLATZKOW: Nothing for me, sir. CHAIRMAN McDANIEL: Commissioner Solis, you want to go first? Oh, excuse me. You know what, Commissioner Taylor's lit up down here. Is that from before, or are you ready to -- COMMISSIONER TAYLOR: That was from before. CHAIRMAN McDANIEL: Well, let's just -- ladies first. COMMISSIONER SOLIS: Sure. COMMISSIONER TAYLOR: All right. Thank you. Just to remind everyone or inform everyone that Arte Viva is about to launch its year-long celebration of the Hispanic culture in Collier County. It turns out Hispanics are 29 percent of our population. And this really was kicked off with the Botanical Gardens who are celebrating Frida Kahlo's garden and came to me and asked me about a year and a half ago if I could recommend any Hispanic source or references as they go forward because they want to be authentic with what they brought forward. And I said, oh, by the way, I'll give a call to the Embassy in Miami, the Mexican Embassy. From that, Immokalee's been brought in, and it is a very exciting September 13, 2022 Page 177 moment in Collier, because finally we're recognizing the money that the arts bring into Collier County, and the art community now is collaborating to bring this richness of this culture and hopefully many, many more to our community. So it's an exciting time. And I just wanted to bring that to everyone's attention. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Just one quick item. Commissioner Solis, you brought to our attention probably six, seven months ago a concern about pumping of water from Bonita Springs south, and we never really heard anything back on what that really was. I'm not suggesting that we have much of a discussion of it now. But I think maybe -- I don't know if the Board needs to get an update or if that's been resolved. COMMISSIONER SOLIS: I'll look to the County Manager, but I don't think it's resolved. I think it's still just kind of hanging out there. I don't think that anything has been approved by the Water Management District as a final decision, and I'm meeting with Representative Botana on Thursday. So I would be able to give an update maybe in a -- or maybe something's changed. I see Trinity's come running up to the front. CHAIRMAN McDANIEL: Running. MS. SCOTT: For the record, Trinity Scott, department head, Transportation Management Services. I thought I was going to get through the whole meeting without having to come up here. Really nothing has changed. The Water Management District has still kept "draft" on the operational plan. It was heard at the last Big Cypress Basin board meeting, of which the board asked that "draft" still remain on the document and that the Water Management District staff continue to try to work with the public as well as Bonita. September 13, 2022 Page 178 We have an internal coordination meeting coming up this week, and one of the items that I'm going to request of the Bonita Springs staff is to sit down with the CDD flowway representatives, Big Cypress Basin representatives, Water Management District representatives, as well as Collier County to see if we can delineate out all the issues and see if we can come up to some common ground and perhaps have some sort of memorandums of understanding or local agreement that can come together to hopefully bring this issue to rest. Hopefully the City of Bonita Springs will be amenable to that. CHAIRMAN McDANIEL: And the environmental community as well, because there were several concerns expressed about potential pollutants and such. MS. SCOTT: Absolutely. I think that if we address the concerns of the flowway CDD, that will also, then, bring into -- those other items that are under consideration, because the flowway CDD has those very same items as well. COMMISSIONER SOLIS: Which is -- which is where, for me, this whole thing has been problematic, because the district, as I understand it -- and these are the conversations I've had with several people in the district is that while this is an emergency plan to pump the water, assuming all of these other legal issues like easements over where the water's going to are taken care of. CHAIRMAN McDANIEL: How's that working out? COMMISSIONER SOLIS: Right. So -- and I keep pointing out, well, you know, so you're approving -- you're going to approve something even though you know that there's legal issues. Well, no, we're not really approving -- anyway. So it's kind of stuck in limbo, and I don't know if there'll ever be a solution to this. But right now it's kind of in limbo. Nothing's been approved. I don't think there can be any pumping, because the District hasn't September 13, 2022 Page 179 approved the plan. MS. PATTERSON: There's no -- right, there's no plan to pump. COMMISSIONER SOLIS: Right. MS. PATTERSON: So we're in no imminent danger of pumping right now beyond if there were a hurricane, when all bets are off, but for the regular emergency pumping that they were looking to have. We're still stuck at Step 1, figure out the pumping protocols in order to move to Step 2, where we're putting the water, and then to Step 3, how we engage the public to inform them of what this is and what it isn't. We can't even get past Step 1 right now. COMMISSIONER SAUNDERS: Just kind of keep us informed. MS. PATTERSON: We will. Thank you. MS. SCOTT: Thank you. CHAIRMAN McDANIEL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Okay. I have just three quick things. Number one, did I mention something about moratorium on storage units? Did we -- okay. Just keeping it light. Two quick things. I want to give a shout out to Department of Motor Vehicles. I went in there yesterday in just shorts and a T-shirt to get something done, and not only was -- and, you know, not that I'm anything special, but nobody said, hello, Commissioner. I was just, you know, Joe bag of doughnuts. But more importantly, not only did I get handled really professional, but I sat there for a while, and I was just watching the operation in DMV. And a lot of times those guys catch a lot of spears. You know, who wants to go to the DMV? And it's really the Tax Collector's building. They do a lot of things in there. September 13, 2022 Page 180 So I just want to say, I watched a lot of professionals in action who work for the county staff. I watched a lot of customers get taken care of quickly with a sense of urgency and professionalism and a smile. And it was -- it was great to see. And I'm sure that not many people call them up and say, great job giving me my driver's license today. They get more of, you know, they're a bunch of idiots, nobody cares, and all that. And I didn't witness that. So shout out to them. Now, on the other side, guess what I'm bringing back in two weeks? No, not storage units. The rock crushing lot, okay. So I'll set the table a little bit. And I hope some of the citizens that live in the surrounding communities are watching. I am getting the most unprofessional, vulgar, uneducated emails from citizens who live around that area. So I'm going to correct the record with an email I'm about to hit send on when I go back to my office. And I've got all the key people on it so we're paddling in one direction. There is so much misinformation out there about what this board has done and what the county has directed and what Commissioner LoCastro has ordered. All untrue. Okay. So, in short, the Water Management District has the lead right now, okay. The landowner is applying for permits that the Water Management District may or may not give. But if they do -- you know, if they do get those permits -- and I've had a lot of meetings with staff here. I was on the phone with Jaime Cook and everybody at all of our breaks. There's probably going to be some things in permit -- I'm going to almost say there's definitely going to be some things in that permit that I am going to hate as the commissioner for District 1 and now having that lot in my district, and that I think we're also not going to love. And it's basically going to give the landowner the permission September 13, 2022 Page 181 to possibly continue crushing rock, to do it from 7:00 a.m. to 7:00 p.m. or some hours, and a bunch of other things. We'll wait and see what comes, but what I am going to present to the commissioners here is if I feel or any of you feel, if you hear -- but if we don't think the Water Management District -- if we think they have approved some things that we have a problem with because we're the ones that have been living with this and trying to reverse it and whatnot, we have the power to be able to say, yes, but, comma. The 12 things in there, eight of them we support, which is cleaning it up, putting up a silt fence, watering down the rock and everything; however, we either want uncrushed rock removed, not continue to be crushed. We don't want excessive vehicles prepositioned, and there's a whole bunch of things. So we don't know what will be approved in the permit, but no permits have been approved. There is no activity happening on that lot right now other than just the movement of some vehicles to just do normal maintenance. Nothing's being crushed per our direction, but a whole lot actually can happen in the next seven to 14 days. You know, I'm going to be working very closely with the staff to monitor that, and we do have the power to supersede a Water Management District permit directive if there are things in there that we don't feel are supported by us. And so I've already talked to the staff about that, so I'm going to get a whole lot smarter on it and watch it very closely and also correct the record on behalf of all of us, because we're all sort of named, the commission this, the commission that. But I will shoot that email out at the end of this meeting. I've already drafted it. Jaime Cook helped me put details in this. But, you know, make no mistake, this commission hasn't directed anything. If anything, we stopped the rock crushing. Our staff jumped on the problem. They're working very closely with September 13, 2022 Page 182 other agencies who are involved, so it's not just the county. And when some of those other agencies possibly permitting approvals for certain things that could happen on that lot, we have the ability to be able to say, yes, no, yes, no, yes, no. And there's going to be one or two things in there that I think -- that I know I'm going to want to present to the commissioners here for your support to augment or edit the permit so that we can make sure that we're moving forward on that lot but not in a direction that maybe the Water Management District is comfortable with, but maybe we're not. It could be we think everything in the permit is great, but I'm hearing that their normal default are certain things in there that we've already said we have a problem with, which is more crushing, crushing all day, and all those things. So more to follow. That will be a hot topic in two weeks. And even if the permits aren't given in two weeks to the landowner, according to our staff I can still present to you a bit of a hypothetical so that we can jump out ahead of it. Hey, we think they're going to get a permit in a month, and if it says A, B, C, D, and E, A and B are things I've got an issue, do you agree. So we're going to stay proactive on this. I'm going to send my -- Amy, you're already CC'ed on the email I'm going to send. If you think the commissioners need to see it or their assistants or whatever, it really has exactly what's happening with the rock crushing lot, what hasn't happened, and all of the details. So you push it how you feel possible. I don't want to do, like, a one-way communication or whatever. I'm really sending it to a bunch of residents. And our staff, Trinity, Jamie French, Jaime Cook, and a few others, then. If you think it could have benefit going to some others. But there's a lot of misinformation. If any of you get emails that you think are incorrect, really, Jaime Cook, Jamie French, September 13, 2022 Page 183 Trinity, they all have their hand on the pulse of this. Please direct those emails to them if citizens are screaming at you thinking we've done a whole bunch of incorrect things. We're really working hard at trying to put that thing to bed. But I'll have something at the next meeting, regardless if permits have been given or not. And even if permits have been given, we already are prepared to give the landowner direction that they can't act on those permits on anything on those permits until we see it, vote on it, agree to it. So we do have the upper hand and the control, and I'm working closely with the staff on that. CHAIRMAN McDANIEL: I thought they were under a fine scenario. COMMISSIONER LoCASTRO: Oh, they are, yeah. Yeah, that's another -- yeah, the fines are mounting up. MR. KLATZKOW: My understanding is $1,000 per day. COMMISSIONER LoCASTRO: Yep. CHAIRMAN McDANIEL: So they've got a motivation to move forward. COMMISSIONER LoCASTRO: Yep. COMMISSIONER SOLIS: Nice. COMMISSIONER LoCASTRO: Okay. So more to follow. That's it. Thank you. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: I have to say I have nothing to say. CHAIRMAN McDANIEL: Well, how about that. To that end, we are adjourned. ***** September 13, 2022 Page 184 ****Commissioner Saunders moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted**** Item #16A1 – Moved to Item #11G (During Agenda Changes by the County Manager) Item #16A2 THE FY 2022-2023 10-YEAR CAPITAL PLANNING DOCUMENT FOR FUND 195 BEACH RENOURISHMENT AND PASS MAINTENANCE, FUND 185 PROGRAM MANAGEMENT AND ADMINISTRATION, AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16A3 AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), PURSUANT TO CHAPTER 380.032(3), FLORIDA STATUTES, PERTAINING TO APPLICATION OF THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN REGULATIONS TO A PARCEL OWNED BY AN ENTITY WHOLLY-OWNED BY THE SEMINOLE TRIBE OF FLORIDA AND LOCATED ON U.S. HIGHWAY 41 NEAR THE MIAMI-DADE COUNTY LINE Item #16A4 ACCEPT A PROJECT UPDATE FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NOS. 60168 September 13, 2022 Page 185 Item #16A5 RESOLUTION 2022-126: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ISLES OF ANDALUCIA, APPLICATION NUMBER AR-6156 / PL20110001785, ACCEPTANCE OF THE COUNTY MAINTENANCE RESPONSIBILITIES FOR TRACT R- 1 AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $173,662.12 Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES FOR CARL’S WHITE GLOVE PERSONAL STORAGE, PL20200002189, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $10,390.10 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A7 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES FOR THE COMMUNITY SCHOOL OF NAPLES – CAMPUS ADDITION, PL20220001892 Item #16A8 September 13, 2022 Page 186 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITIES FOR CRYSTAL LAKE RV PARK PRESSURE REDUCING VALVE, PL20220003518 Item #16A9 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR COLLIER COUNTY LANDFILL, PL20220004345 Item #16A10 RESOLUTION 2022-127: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF DEL WEBB NAPLES PARCELS 201-203, APPLICATION NUMBER PL20130002601; AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $116,181.32 Item #16A11 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR EAST NAPLES COMMUNITY PARK WELCOME CENTER, PL20220002656 Item #16A12 FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE BY THE ISLANDS - PHASE 1B, PL20200000679; AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, September 13, 2022 Page 187 TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT Item #16A13 RESOLUTION 2022-128: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES BLOCKS “D”, “F”, AND “H”, APPLICATION NUMBER PL20150001102; AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $84,086.48 Item #16A14 RESOLUITON 2022-129: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE AT HACIENDA LAKES PHASE ONE, APPLICATION NUMBER PL20120002539; AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $289,448.21 Item #16A15 RESOLUTION 2022-130: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES PHASE 2, APPLICATION NUMBER PL20120002897; September 13, 2022 Page 188 AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $528,820.98 Item #16A16 RESOLUTION 2022-131: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES PHASE 4 PARCEL "L", APPLICATION NUMBER PL20170001594; AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $113,500.99 Item #16A17 FINAL ACCEPTANCE AND ACCEPTING CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 14C, PL20200000202; AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT Item #16A18 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES AND ACCEPT CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR OYSTER HARBOR AT FIDDLER'S CREEK PHASE 3B, PL20220003670 Item #16A19 September 13, 2022 Page 189 FINAL ACCEPTANCE OF WATER FACILITIES AND ACCEPT THE CONVEYANCE OF THE WATER FACILITIES FOR 552 RIDGE DRIVE WATER MAIN EXTENSION, PL20220001811 Item #16A20 REGARDING 2022-132: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL PLAT OF LANDINGS AT BEAR’S PAW, APPLICATION NUMBER PL20120002819; AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $3,514.50 Item #16A21 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR VALENCIA TRAILS NAPLES – PHASE 1B (F/K/A BRENTWOOD LAKES), PL20200000952; AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT Item #16A22 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES AND ACCEPT CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR VALENCIA TRAILS NAPLES - PLAT TWO, PL20220001309 September 13, 2022 Page 190 Item #16A23 RECORDING THE FINAL PLAT OF FAIRGROVE AT TALIS PARK MULTI-FAMILY PARCEL (APPLICATION NUMBER PL20220000389), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $37,447.85 Item #16A24 RECORDING THE AMENDED FINAL PLAT OF KAICASA PHASE ONE (APPLICATION NUMBER PL20220000198), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $4,193,303.40 Item #16A25 RECORDING THE FINAL PLAT OF SILVERWOOD AT AVE MARIA (PHASE 3 AND 4) (APPLICATION NUMBER PL20210001742), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $3,267,137.56 Item #16A26 RECORDING THE MINOR FINAL PLAT OF SOLUNA REPLAT, APPLICATION NUMBER PL20220002245 September 13, 2022 Page 191 Item #16A27 RECORDING THE FINAL PLAT OF WINCHESTER (APPLICATION NUMBER PL20210002267), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $2,691,443.50 Item #16A28 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR RITZ-CARLTON NAPLES HOTEL ADDITION – PHASE 2, PL20220004745 Item #16A29 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $128,864.03 FOR PAYMENT OF $6,214.03 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. LINDA C. DAIGLE IN SPECIAL MAGISTRATE CASE NO. CEPM20120013875 RELATING TO PROPERTY LOCATED AT 2045 WILSON BLVD. N, COLLIER COUNTY, FLORIDA Item #16A30 RELEASE OF CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $79,633.22 FOR PAYMENT OF $2,793.32 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. DALILA GRIMALDO IN CASE September 13, 2022 Page 192 NO. 2006-37 RELATING TO PROPERTY LOCATED AT 324 W MAIN ST., IMMOKALEE, FLORIDA Item #16A31 – Moved to Item #11E (Per Agenda Change Sheet) Item #16A32 AUTHORIZE THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND FRANK J. DEWANE, AS BISHOP OF THE DIOCESE OF VENICE, A CORPORATION SOLE AND HIS SUCCESSORS IN THE OFFICE, FOR PROPOSED IRRIGATION AND ASSOCIATED EXISTING LANDSCAPE IMPROVEMENTS WITHIN THE SEAGATE DRIVE PUBLIC RIGHT-OF-WAY Item #16A33 RECOGNIZING A PUBLIC TRANSIT GRANT AGREEMENT (PTGA) BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) THAT INCLUDES FEDERAL PASS-THROUGH 49 USC § 5305(D) FUNDING AND AUTHORIZE NECESSARY BUDGET AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF $124,715 Item #16A34 RESOLUTION 2022-133: APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PUBLIC September 13, 2022 Page 193 TRANSIT GRANT AGREEMENT (PTGA) 450306-1-94-01, CONTRACT NUMBER G2692, WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO REMOVE CERTAIN CONSTRUCTION REFERENCES FOR THE IMPROVEMENT OF BUS STOPS FOR AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE IN THE RURAL SERVICE AREA Item #16A35 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A RESILIENT FLORIDA PROGRAM PLANNING GRANT APPLICATION TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) IN THE AMOUNT OF $46,700 FOR A VULNERABILITY ASSESSMENT STUDY OF THE UNINCORPORATED JURISDICTIONAL BOUNDARIES OF COLLIER COUNTY AND DESIGNATE THE COUNTY MANAGER OR DESIGNEE AS THE AUTHORIZED OFFICIAL TO SUBMIT AND EXECUTE REQUIRED GRANT DOCUMENTS Item #16A36 PLEDGING A MATCH NOT TO EXCEED $40,000 TO SUPPORT THE COLLIER METROPOLITAN PLANNING ORGANIZATION’S (MPO) APPLICATION FOR THE SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT Item #16A37 A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN September 13, 2022 Page 194 TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF $794,939.90 Item #16A38 FY22 PROGRAM OF PROJECTS AND AUTHORIZE SUBMITTAL OF THE FEDERAL TRANSIT ADMINISTRATION 49 U.S.C. 5307/ 5339 FY22 FOR FUNDS TO SUPPORT THE TRANSIT SYSTEM CAPITAL AND OPERATING COSTS IN THE AMOUNT OF $4,805,353 THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM, ACCEPT THE AWARD, AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS Item#16B1 ATTENDANCE OF THREE IMMOKALEE AND THREE BAYSHORE GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD MEMBERS AT THE FLORIDA REDEVELOPMENT ASSOCIATION 2022 ANNUAL CONFERENCE AND ALLOW THE OTHER IMMOKALEE BOARD MEMBERS TO ATTEND THE AWARDS DINNER; AUTHORIZE PAYMENT OF ATTENDEES’ REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE CRA TRUST FUNDS (FUND 186/187); AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE Item#16B2 AUTHORIZE NECESSARY BUDGET AMENDMENTS TO September 13, 2022 Page 195 RECOGNIZE CARRYFORWARD IN BAYSHORE CRA FUND (187) AND IMMOKALEE CRA FUND (186), TRANSFER THOSE MONEYS ALONG WITH RESERVE BALANCES INTO BAYSHORE CRA CAPITAL FUND (787) AND IMMOKALEE CRA CAPITAL FUND (786), AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN Item#16B3 – Moved from Item #14B1 (Per Agenda Change Sheet) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVE AN AGREEMENT WITH COLLIER COUNTY TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $250,000 FOR THE DESIGN OF THE FIRST STREET CORRIDOR PEDESTRIAN SAFETY IMPROVEMENT PROJECT, AUTHORIZE THE CHAIRMAN OF THE CRA TO SIGN THE GRANT AGREEMENT, AND AUTHORIZE NECESSARY BUDGETS AMENDMENTS Item #16C1 – Continued to the September 27, 2022 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE A SECOND AMENDMENT TO THE MAJOR USER AGREEMENT FOR DELIVERY AND REUSE OF IRRIGATION QUALITY ("IQ") WATER WITH THE RIVIERA GOLF CLUB/LUCKY TWO GOLF, LLC, TO PROVIDE A REVISED TERMINATION DATE DUE TO FACILITY CLOSURE September 13, 2022 Page 196 Item #16C2 CONVEYANCE OF A UTILITY EASEMENT LOCATED ON THE COLLIER COUNTY GOLDEN GATE CITY GOLF COURSE PROPERTY TO THE COLLIER COUNTY WATER SEWER DISTRICT FOR THE INSTALLATION OF TRANSMISSION WATER MAINS. ESTIMATED COST NOT TO EXCEED $50 Item #16C3 AWARD INVITATION TO BID (“ITB”) 20-8002 NO. 22-8002 (CORRECTION PER AGENDA CHANGE SHEET) “NCWRF NORTH AND SOUTH BLEACH PIPING REPLACEMENT,” TO DOUGLAS N. HIGGINS INC., IN THE AMOUNT OF $957,380.00, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT Item #16C4 – Moved to Item #11F (Per Agenda Change Sheet) Item #16C5 – Moved to Item #11D (During Agenda Changes) Item #16C6 MAGIC LIGHTS EVENT TO BE CONDUCTED BY COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. Item #16C7 A DEED OF UTILITY EASEMENT FROM COLLIER COUNTY TO THE CITY OF NAPLES OVER A PORTION OF GOLDEN GATE ESTATES, UNIT 71, TRACT 128, TO ALLOW THE CITY September 13, 2022 Page 197 TO INSTALL A 12-INCH TRANSMISSION WATER MAIN BETWEEN CITY WELL NOS. 425 AND 426 Item #16C8 AN AGREEMENT FOR SALE AND PURCHASE WITH CHARLES EDWIN BAILEY, JR., FOR APPROXIMATELY 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $25,600 Item #16C9 AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN R. PENA FOR A 2.27-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $52,700 Item #16C10 AN AGREEMENT FOR SALE AND PURCHASE WITH WILLIAM F. THOMMEN FOR A 5.0-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $101,000 Item #16C11 AN AGREEMENT FOR SALE AND PURCHASE WITH BERARDO ORTEGA AND GLADYS GUASP FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND September 13, 2022 Page 198 ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,600 Item #16C12 AN AGREEMENT FOR SALE AND PURCHASE WITH PETER S. SANCHEZ AND NILSA E. SANCHEZ, AS CO-TRUSTEES OF THE PETER S. SANCHEZ AND NILSA E. SANCHEZ REVOCABLE LIVING TRUST, DATED JULY 21, 2015, FOR A 2.73-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $63,800 Item #16C13 AN AGREEMENT FOR SALE AND PURCHASE WITH JORGE A. AGUILAR AND MAGALI AGUILAR FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $40,700 Item #16C14 AN AGREEMENT FOR SALE AND PURCHASE WITH TIMOTHY R. JOHNSON & JENETT JOHNSON FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,600 Item #16C15 September 13, 2022 Page 199 AN AGREEMENT FOR SALE AND PURCHASE WITH SANDRA BURNS FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,600 Item #16C16 AN AGREEMENT FOR SALE AND PURCHASE WITH DAVID V. WRIGHT FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,600 Item #16C17 AN AGREEMENT FOR SALE AND PURCHASE WITH JOSEPH ZHUANG FOR A 2.73-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $63,800 Item #16C18 APPROVE AN AGREEMENT FOR SALE AND PURCHASE WITH DAVID JOYCE AND D & J NAPLES INVESTORS, LLC FOR TWO (2) PARCELS TOTALING 3.41 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $93,400 Item #16C19 AGREEMENT FOR SALE AND PURCHASE WITH LOIS J. BEHNKE FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, September 13, 2022 Page 200 AT A COST NOT TO EXCEED $57,800 Item #16C20 AN AGREEMENT FOR SALE AND PURCHASE WITH MARK TROY MEYER AS SUCCESSOR TRUSTEE OF THE VIRGINIA M. MEYER TRUST AGREEMENT, DATED DECEMBER 28, 1996, FOR A 1.59-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $72,850 Item #16C21 AN AGREEMENT FOR SALE AND PURCHASE WITH RICHARD D. ARNAY AND JOAN ARNAY HALPERIN, FOR A 1.14-ACRE PARCEL UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,600 Item #16D1 AWARD REQUEST FOR PROPOSALS (RFP) NO. 22-7946, “PURCHASE OF SKI BOAT,” TO NAUTIQUES OF ORLANDO, LLC, FOR THE PURCHASE OF A SKI BOAT IN THE AMOUNT OF $94,204 FROM PROJECT #80418 REGIONAL PARKS OFF- ROAD VEHICLES AND EQUIPMENT Item #16D2 – Moved to Item #11F (During Agenda Changes by the County Manager) Item #16D3 September 13, 2022 Page 201 A MEMORANDUM OF AGREEMENT WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TO ALLOW YOUTH HUNTS AT PEPPER RANCH PRESERVE IN NOVEMBER 2022, JANUARY 2023, AND FEBRUARY 2023 Item #16D4 A BUDGET AMENDMENT TO (1) INCREASE THE FY 2021- 2022 ALLOCATION BY $81,723 AND (2) RECOGNIZE $15,241.19 IN PROGRAM INCOME FOR THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM   Item #16D5 THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ANNUAL REPORT AND AUTHORIZE THE CHAIRMAN TO SIGN THE LOCAL HOUSING INCENTIVE CERTIFICATION FOR THE CLOSEOUT OF FISCAL YEAR 2019/2020, INTERIM FOR FISCAL YEAR 2020/2021 AND AUTHORIZE THE ELECTRONIC SUBMISSION TO FLORIDA HOUSING FINANCE CORPORATION TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS Item #16D6 AUTHORIZE THE CHAIRMAN TO SIGN ELEVEN (11) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE AMOUNT OF $126,625 AND APPROVE THE ASSOCIATED BUDGET AMENDMENT TO APPROPRIATE REPAYMENT September 13, 2022 Page 202 AMOUNT TOTALING $76,165.46 Item #16D7 TERMINATE FOR CONVENIENCE TWO (2) AGREEMENTS WITH COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC., THE FIRST FOR HOME TENANT BASED RENTAL ASSISTANCE AND THE SECOND FOR EMERGENCY SOLUTIONS GRANT COVID Item #16D8 “AFTER-THE-FACT” AGREEMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANT PROGRAMS FOR COLLIER COUNTY’S SERVICES FOR SENIORS PROGRAM AND AUTHORIZE BUDGET AMENDMENTS IN THE AMOUNT OF $241,441.61 TO ENSURE CONTINUOUS FUNDING FOR FY2022/2023 Item #16D9 – Moved to Item #11H (by Commissioner Saunders during Agenda Changes) Item #16D10 CHAIRMAN TO SIGN THE MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE CENTRAL/SOUTH FLORIDA PRESCRIBED FIRE WORKING GROUP FOR PRESCRIBED FIRE OPERATIONS September 13, 2022 Page 203 Item #16D11 APPROVE AGREEMENT #22-031-NS “DELNOR-WIGGINS LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT”, WITH COLLIER COUNTY SHERIFF’S OFFICE FOR INTERSECTION CONTROL OUTSIDE OF DELNOR-WIGGINS STATE PARK AND AUTHORIZE EXPENDITURES UNDER THE AGREEMENT AND APPROVED EXEMPTION Item #16E1 AWARDING REQUEST FOR PROPOSAL (“RFP”) NO. 22-7971, “PROPERTY, CASUALTY AND WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATION SERVICES,” TO JOHNS EASTERN COMPANY, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16E2 RATIFYING PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 22 Item #16E3 FIRST AMENDMENT TO THE AGREEMENT #17-7209 “MANAGED CARE & PREFERRED PROVIDER PAYOR NETWORK” WITH NAPLES PHYSICIAN HOSPITAL September 13, 2022 Page 204 ORGANIZATION, INC. D/B/A COMMUNITY HEALTH PARTNERS AND APPROVE EXPENDITURES UNDER THE FIRST AMENDMENT AND APPROVED SINGLE SOURCE WAIVER Item #16E4 SECOND AMENDMENT TO AGREEMENT #16-6646 “ONSITE HEALTH ADVOCACY COACHING SERVICES” WITH NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. D/B/A COMMUNITY HEALTH PARTNERS AND APPROVE EXPENDITURES UNDER THE SECOND AMENDMENT AND SINGLE SOURCE WAIVER Item #16E5 RECOGNIZE ACCRUED INTEREST FROM THE PERIOD APRIL 1, 2022, THROUGH JUNE 30, 2022, EARNED BY EMS COUNTY GRANT, PROJECT NO. 33655, AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $322.49 Item #16E6 RESOLUTION 2022-134: AUTHORIZE THE SUBMITTAL OF A FLORIDA EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION, THE REQUEST FOR GRANT FUND DISTRIBUTION FORM AND RESOLUTION FOR THE FUNDING OF TRAINING AND MEDICAL/RESCUE EQUIPMENT IN THE AMOUNT OF $72,756.00, CONFIRMING THAT THE GRANT FUNDS WILL NOT SUPPLANT THE EMS BUDGET September 13, 2022 Page 205 Item #16E7 AUTHORIZE THE PROCUREMENT SERVICES DIRECTOR TO PROCURE GOODS OR SERVICES FROM VENDORS THAT HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE, OR MUNICIPAL GOVERNMENT, OR ANY OTHER GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION OR A PURCHASING COOPERATIVE, PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S, AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS ASSOCIATED WITH THOSE PURCHASES Item #16E8 – Continued to the September 27, 2022 BCC Meeting ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E9 – Continued to the September 27, 2022 BCC Meeting THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E10 September 13, 2022 Page 206 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16E11 AUTHORIZING EXPENDITURES EXCEEDING THE $50,000 COMPETITIVE THRESHOLD, UNDER AN EXEMPTION FROM THE COMPETITIVE PROCESS, THROUGH FISCAL YEAR 2027, FOR BRAXTON COLLEGE Item #16E12 AWARDING GROUP VISION INSURANCE TO VISION SERVICE PLAN (VSP) FOR A FOUR (4) YEAR PERIOD EFFECTIVE JANUARY 1, 2023 Item #16F1 BOARD RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN ABSENTIA MEETING(S) DATED JULY 26, 2022; AUGUST 9, 2022; AND AUGUST 23, 2022) Item #16F2 ENTER INTO A REVISED TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT WITH AVE MARIA September 13, 2022 Page 207 DEVELOPMENT LLLP, AND THE SCHOOL DISTRICT, RELATED TO THE CONSTRUCTION OF A NEW PUBLIC ELEMENTARY SCHOOL WITHIN THE TOWN OF AVE MARIA, BY REQUEST OF THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY (SCHOOL DISTRICT) Item #16F3 AUTHORIZE BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $1,438,252,900 OF UNSPENT FY 2022 CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL YEAR 2023 Item #16F4 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES UP TO AND INCLUDING $25,000 AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000 Item #16F5 RESOLUTION 2022-135: APPROVING AMENDMENT (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FY21-22 ADOPTED BUDGET Item #16F6 CHANGE ORDER NO. 3 TO AGREEMENT NO. 19-7624 (PURCHASE ORDER 4500212457), CLAM PASS MAINTENANCE DREDGING, TO TSI DISASTER RECOVERY, September 13, 2022 Page 208 LLC, IN THE AMOUNT OF $41,730.00 Item #16H1 DONATE A HISTORICALLY SIGNIFICANT SCULPTURE FROM THE DELTONA ERA TO THE MARCO ISLAND HISTORICAL SOCIETY Item 16H2 DIRECT STAFF TO HIRE A VENDOR TO CONDUCT AN INDEPENDENT VESSEL IMPACT STUDY FOR THE ROCK CREEK AREA AND PROVIDE THE RESULTS TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) Item #16H3 – Moved to Item #10C Item #16J1 REMOVING UNCOLLECTIBLE ACCOUNTS RECEIVABLE IN THE AMOUNT OF $45.00 FROM THE FINANCIAL RECORDS OF THE COLLIER COUNTY SUPERVISOR OF ELECTIONS OFFICE Item #16J2 DETERMINING VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 7, 2022 September 13, 2022 Page 209 Item #16J3 – Moved from Item #13A (Per Agenda Change Sheet) TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 11, 2022, AND AUGUST 31, 2022, PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 RESOLUTION 2022135A: DECLARING A VACANCY ON THE CODE ENFORCEMENT BOARD Item #16K2 RESOLUTION 2022-136: APPOINTING TWO MEMBERS TO THE PUBLIC TRANSIT ADVISORY COMMITTEE Item #16K3 RESOLUTION 2022-137: APPOINTING A MEMBER TO THE LAND ACQUISITION ADVISORY COMMITTEE Item #16K4 AUTHORIZING THE APPLICATIONS FOR TAX DEEDS FOR SEVEN (7) COUNTY-HELD TAX CERTIFICATES AND THE FORWARDING OF A WRITTEN NOTICE TO PROCEED WITH TAX DEED APPLICATIONS TO THE TAX COLLECTOR September 13, 2022 Page 210 Item #16K5 THE MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE RESULTING FROM THE PRE-SUIT DISPUTE RESOLUTION PROCESS IN THE AGREEMENT BETWEEN COLLIER COUNTY AND PWC JOINT VENTURES, LLC, AND RECOMMENDATION TO AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16K6 A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $171,000 PLUS $56,340 IN STATUTORY ATTORNEYS' AND EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCEL 193FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K7 STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $139,225.24, INCLUDING ATTORNEYS' FEES AND EXPERTS' FEES AND COSTS, FOR THE TAKING OF PARCEL 326RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K8 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $102,950 PLUS $26,254.35 IN STATUTORY ATTORNEY FEES, SUPPLEMENTAL ATTORNEYS’ FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1167FEE PLUS September 13, 2022 Page 211 AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K9 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $89,000 PLUS $34,316.49 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 106FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K10 A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $29,362.77, INCLUDING ATTORNEYS' FEES AND EXPERTS' FEES AND COSTS, FOR THE TAKING OF PARCEL 325RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K11 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $100,000 PLUS $26,141.58 IN STATUTORY ATTORNEY FEES, APPORTIONMENT ATTORNEYS’ FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1129FEE, PLUS AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 September 13, 2022 Page 212 Item #16K12 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $106,000 PLUS $26,584.94 IN STATUTORY ATTORNEY FEES, APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1169FEE, PLUS AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K13 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $113,000 PLUS $24,148.39 IN STATUTORY ATTORNEY FEES, APPORTIONMENT FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1242FEE, PLUS AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL APPORTIONMENT ATTORNEYS’ FEES REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K14 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $645,000 PLUS $78,175.63 IN STATUTORY ATTORNEY FEES, APPORTIONMENT ATTORNEYS' FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 167FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 September 13, 2022 Page 213 Item #16K15 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $89,000 PLUS $37,132.19 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 105FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #16K16 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $122,100 PLUS $26,212.66 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 213FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 Item #17A – Moved to Item #9B (Per Agenda Change Sheet) Item #17B RESOLUTION 2022-138: ZONING PETITION - PL20190000360 SEMINOLE TRAIL GOVERNMENT CENTER CONDITIONAL USE. RECOMMENDATION TO APPROVE A RESOLUTION FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW THE DEVELOPMENT OF SAFETY SERVICES AND RELATED GOVERNMENT USES AS AN ESSENTIAL SERVICE IN THE CONSERVATION ZONING DISTRICT WITHIN THE AREA OF CRITICAL STATE CONCERN AND SPECIAL TREATMENT OVERLAY (CON-ACSC/ST) PURSUANT TO SECTION 2.03.09.B.1.C.2, OF THE COLLIER COUNTY LAND September 13, 2022 Page 214 DEVELOPMENT CODE. THE PROPERTY IS 1.83+/- ACRES AND IS DESCRIBED AS LOTS 18 AND 19 OF PAOLITA ACRES, AN UNRECORDED SUBDIVISION, AND IS LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST (US 41) APPROXIMATELY 0.85 MILES FROM COLLIER COUNTY’S EASTERN BOUNDARY IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 34 EAST, COLLIER COUNTY, FLORIDA Item #17C RESOLUTION 2022-139 (DISTRICT I) RESOLUTION 2022-140: (DISTRICT II): RESOLUTIONS APPROVING PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $30,930,600 ***** September 13, 2022 Page 215 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ WILLIAM L. McDANIEL, JR., CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK ___________________________ These minutes approved by the Board on ______________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC.