The URL can be used to link to this page

BCC Minutes 01/24/2023January 24, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 24, 2023 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 Board members present: Chairman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders 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 & Customer Relations COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 24, 2023 9:00 AM Commissioner Rick LoCastro, District 1; – Chair Commissioner Chris Hall, District 2; – Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE Page 2 January 24, 2022 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN’S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES Page 3 January 24, 2022 MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. September 22, 2022, BCC Budget Meeting Minutes C. October 25, 2022, BCC Meeting Minutes D. December 13, 2022, BCC Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. 20 YEAR ATTENDEES 1) 20 Years, Cristina Perez - Program Manager - Bayshore/Gateway CRA C. 25 YEAR ATTENDEES D. 30 YEAR ATTENDEES E. 35 YEAR ATTENDEES F. ADVISORY BOARD MEMBERS G. RETIREES H. EMPLOYEE OF THE MONTH Page 4 January 24, 2022 4. PROCLAMATIONS A. Proclamation recognizing the First Baptist Academy football team on their Florida High School Athletic Association Class 1S State Championship. To be accepted by Billy Sparacio, Head Coach and Athletic Director, First Baptist Academy, and other distinguished guests. 5. PRESENTATIONS A. This item to be heard at 10:00 AM. Presentation from the U.S. Army Corps of Engineers on the County Coastal Storm Risk Management Feasibility Study. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 04-74, as amended, Orange Blossom Ranch, a Planned Unit Development (PUD), to change the 43.6± acre commercial office (C/O) tract to the mixed use (MU) tract; to allow 400 multi-family rental dwelling units with some affordable housing on a portion of the MU tracts in addition to the allowed 200,000 square feet of commercial development, changing the total density from 1,950 to 2,350 dwelling units and providing an effective date. The subject property is 43.6± acres out of the 616± acre PUD and located at the northwest quadrant of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13, Township 48 South, Range 27 East, Collier County, Florida. [PL20210001860] (District 5) 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT Page 5 January 24, 2022 A. This item has been Continued from the September 13, 2022, BCC Meeting. Recommendation to hear 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. [PL20220004273] (Mike Bosi, Planning and Zoning Director) (All Districts) B. Recommendation to approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24,000,000 for the construction of an emergency berm necessary for protection of upland structures left vulnerable by Hurricane Ian, authorize the necessary budget amendment, authorize the Board to delegate authority to the County Manager to execute a contract(s) for the construction of the emergency berm, subject to being later ratified by the Board at its next regular meeting, and make a finding that this expenditure promotes tourism. (Andrew Miller, P.E., Manager, Coastal Zone Management) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING B. STAFF PROJECT UPDATES 1) Rock Crushing Update Page 6 January 24, 2022 C. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esperanza Place, Application Number AR-13122, and authorize the release of the maintenance security in the amount of $34,293.30. (District 5) 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esperanza Place - Phase 2, Application Number PL20190000598 and PL20190001019, and authorize the release of the maintenance security in the amount of $41,331.80. (District 5) 3) Recommendation to approve final acceptance of the potable water utility facilities and accept the conveyance of a portion of the potable water facilities and appurtenant utility easement for Temple Shalom Expansion, PL20220005168. (District 3) 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities and appurtenant utility easements for Tree Farm PPL, PL20220004338. (District 3) 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Allamanda Estates (Application Number PL20220001339) approval of the standard form Construction and Maintenance Agreement and approval of the performance security Page 7 January 24, 2022 in the amount of $114,269.21. (District 1) 6) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the total amount of $1,000,000, which was posted as a guarantee to cover the excavation work associated with the following Excavation Permits: 59.902-1, BelleraWalk at Ave Maria (AR-9214); 59.902-4, Ave Maria Unit 8, Emerson Park (AR-8941); 59.902-5, Ave Maria North Sports Park and Tennis Aquatic Facility (AR-9178); 59.902-6, Del Webb at Ave Maria Phase 1 (AR-8654); 59.902-8, Ave Maria Phase Two Plat (AR- 8697); 59.902.9, Ave Maria Boulevard (Arch Rd. & Camp Keais Rd. – AR-8880); 59.902-12, Camp Keais Entrance at Ave Maria (AR- 12286); 59.902-31, Del Webb Parcel 107 & 108 (PL20160000905); 59.902-32, Del Webb Parcel 204 (PL20160001367); 59.902-33, Del Webb Parcel 213 (PL20160001658); and 59.902-35, Del Webb Phase 3-Parcels 209-212 (PL20170000501). (District 5) 7) Recommendation to approve and execute a Florida Department of Transportation (FDOT) Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on US 41 (State Road 45/ State Road 90), Lee County Line to Vanderbilt Beach Road, authorize the Chairman to sign and execute the Agreement and related documents, authorize the necessary budget amendments, and allow project activity. (District 2) 8) Recommendation to award Invitation to Bid ("ITB") No. 22-8046, "Davis Blvd (SR-84) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc., in the amount of $425,783.79, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 4) 9) Recommendation to award Invitation to Bid ("ITB") No. 22-8047, "Collier Blvd (SR-951) Landscape Improvements - Grant Funded" project, to Hannula Landscaping and Irrigation, Inc. in the amount of $526,622.75, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 1) 10) Recommendation to recognize carry forward funding for the Collier Metropolitan Planning Organization (MPO) in the amount of Page 8 January 24, 2022 $6,552.12, earned from the FY 2021/22 Transportation Disadvantaged Planning Grant, and to approve all related necessary budget amendments. (All Districts) 11) Recommendation to approve Change Order No. 2 to Request for Professional Services (“RPS”) Agreement Number 21-7847, “Goodlette-Frank Road Ditch Improvements Design Services” with Water Resources Management Associates, Inc., for additional data collection and engineering design tasks to the scope of services, in the amount of $133,681.00, and to extend the period of the project by 308 days. (Project Number #60102) (All Districts) 12) Recommendation to authorize the County Attorney to retain outside counsel to work with the County Attorney, staff and outside consultants, to commence a FEMA arbitration panel with respect to the Hurricane Irma Federal Emergency Management Agency (“FEMA”) First Appeal Denial of Grants Manager Project 48791/Project Worksheet #5856. (All Districts) 13) Recommendation to accept the January 2023 Project Update For ‘Vanderbilt Beach Road Extension.’ (Project #60168) (All Districts) B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to accept a project update to NCWRF Pretreatment Facility Project No. 70149 currently in design with AECOM Technical Services, Inc., under Agreement No. 20-7722-NS. (District 2) 2) Recommendation to approve administrative Change Order #2 for time extension under Construction Agreement No. 21-7912 with R2T, Inc., for the NCRWTP Chemical Bulk Tank Replacement (Project No. 71066). (District 3) 3) Recommendation that Board of County Commissioners, acting ex- officio as the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid (“ITB”) No. 22-8043, for “Removal and Abandonment of 30” Raw Water Main and 36” Page 9 January 24, 2022 Water Main,” to Douglas N. Higgins, Inc., in the amount of $863,380, and authorize the Chairman to sign the attached Agreement and authorize the necessary budget amendment (Water User Fee Capital Fund (412), Project 70271). (District 3) 4) Recommendation to approve a First Amendment and Extension to Recreational Lease with Smallwood Island Conservation Club to extend the lease term, to revise the acreage, to increase the annual rent, and to update insurance requirements on 492 +/- acres of the County-owned property known as Camp Keais. (District 5) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a resolution authorizing the temporary closing of a portion of State Road 29 and determining that the closure is necessary for the Collier County Museums’ annual Immokalee Cattle Drive & Jamboree on March 18, 2023, to fulfill a Florida Department of Transportation (FDOT) temporary road closure permit application requirement. (District 5) 2) Recommendation to award Construction Invitation to Bid (“ITB”) No. 22-8031, “Sun-N-Fun Family Pool Renovations,” to Capital Contractors, LLC, in the amount of $983,961, and authorize the Chairman to sign the attached Agreement. (District 2) 3) Recommendation to approve Agreement No. 22-035-NS, “Integrated Library System Software Maintenance, Subscription & Phone Alert Services,” with Innovative Interfaces Incorporated in an amount not to exceed $200,000 per fiscal year, as budgeted through FY2028, and approve expenditures under the Agreement and approved Exemption. (All Districts) E. ADMINISTRATIVE SERVICES F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Change Order No. 4 to Agreement No. 20-7680 for the Pelican Bay Sidewalk Improvement Design to Agnoli, Barber & Brundage, Inc., and authorize the Chairman to sign the Page 10 January 24, 2022 attached Change Order. (District 2) 2) Recommendation to award Request for Proposal (“RFP”) #22-8026, “Tourism Sales Representation – Midwest United States” to Synergy- Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the Agreement. (All Districts) 3) Recommendation to renew the annual Certificate of Public Convenience and Necessity for non-emergency Class 2 – Basic Life Support (BLS) inter-facility ambulance transports to Care Med Transportation, LLC, for the purpose of providing post-hospital and inter-facility medical ambulance transfer services. (All Districts) 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the FY22-23 Adopted Budget. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Solicitation No. 21-7937 “Immokalee Regional Airport Hangar/Commercial Aeronautical Development- Parcel A” and authorize its chairman to execute the attached Collier County Airport Authority Standard Form Long-Term Ground Lease Agreement with Global Flight Training Solutions, Inc., for aeronautical land use at the Immokalee Regional Airport. (District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) January 24, 2023, Miscellaneous Correspondence (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) 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 December 29, 2022, and January 11, 2023, pursuant Page 11 January 24, 2022 to Florida Statute 136.06. (All Districts) 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of January 18, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint two members to the Land Acquisition Advisory Committee. (All Districts) 2) Appointment of four members to the Pelican Bay Services Division Board. (District 2) 3) Recommendation to approve a settlement with The Guarantee Company of North America USA, the Surety for Florida Safety Contractors, for Florida Safety Contractor’s default under Contract No. 18-7286 and defective work on the Goodlette-Frank Road at Fleischmann Boulevard Roadway and Signalization Improvements project. (All Districts) 4) Recommendation to appoint four members to the Infrastructure Surtax Citizen Oversight Committee. (All Districts) ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. This item has been Continued from the December 13, 2022 BCC Meeting. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number Page 12 January 24, 2022 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings) (All Districts) B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition PL20210000560, to disclaim, renounce and vacate the County and the public interest in a portion of Sandy Lane located approximately one-half mile east of Santa Barbara Boulevard and one mile north of Rattlesnake Hammock Road in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17C & #17D) (District 1) C. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be Page 13 January 24, 2022 known as Sandy Lane RPUD, to allow construction of up to 640 dwelling units on property located east of Santa Barbara Boulevard approximately one-half mile south of Davis Boulevard between Seychelles Drive and Polly Avenue, in Section 9, Township 50 South, Range 26 East, consisting of 113.97± acres; and by providing an effective date. (This is a companion to Items #17B & #17D) [PL20200001208] (District 1) D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 82-49, the Shadowwood Planned Unit Development (PUD), by amending the master plan to add a potential roadway interconnection from Tract E to the proposed Sandy Lane Residential Planned Unit Development to the north which if approved, will replace the roadway connection to Polly Avenue; by adding roadway, signage and model home deviations and by revising developer commitments. The subject property consisting of 77.99± acres is part of the 168.10± acre PUD located at the Wing South Air Park, east of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake-Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Items #17B & #17C) [PL20210001253] (District 1) E. Recommendation to approve Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by changing the Land Use Designation of the property to Agricultural/Rural Mixed Use District, Basik Drive Storage Commercial Sub-district to allow outdoor storage for mobile and towable items Including automobiles, boats, RV’s, trailers, 350 outdoor storage spaces, and unlimited roofed or enclosed structures. Furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (This is a companion to Item #17F) (District 1) F. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, by changing the zoning classification of the herein described real Page 14 January 24, 2022 property from C-4-RFMUD-Receiving and A-RFMUD-Receiving to the Basik Drive Storage CPUD to allow 120,000 square feet of indoor storage (up to 1,000 units) and 50,000 square feet of office/commercial space and up to 350 outdoor storage spaces on property located on the northeast corner of Tamiami Trail East and Basik Drive, west of Trinity Place, consisting of 13.87± acres; providing for repeal of Resolution No. 07-332, a Parking Exemption and Resolution No. 18-25, a Conditional Use for enclosed mini self-storage warehousing and partial repeal of Ordinance No. 88-61, as to the property described in this Ordinance; and by providing an effective date. (PL20210000046) (This is a companion to Item #17E) (District 1) G. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to create the Ivy Medical Center Subdistrict by changing the land use designation of property from Urban, Urban Mixed Use District, Urban Residential Subdistrict to the Urban-Commercial District, Ivy Medical Center Subdistrict to allow up to 20,000 square feet of Commercial Professional and General Office District (C-1) uses including medical offices. The subject property is located on the south side of Immokalee Road, approximately 1,970 feet east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 3.92± acres; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [PL20210002122]. (This is a companion to Item #17H) (District 3) H. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Professional and General Office District (C-1) zoning district for general office, medical office and business service uses on Page 15 January 24, 2022 property located on the south side of Immokalee Road approximately 1,970 feet east of Logan Boulevard, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 3.92+/- acres; and by providing an effective date. (PL20210002147) (This is a companion to Item #17G) (District 3) I. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (All Districts) J. Recommendation to approve Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to remove the $25,000 minimum value of the Transfer of Development Rights (TDR) Base Credit in the Rural Fringe Mixed Use District by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code more specifically amending the following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002482] (District 1, District 3, District 5) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. January 24, 2023 Page 2 CHAIRMAN LoCASTRO: Good morning, everybody. MS. PATTERSON: Chair, there you go with a live mic. CHAIRMAN LoCASTRO: There we go. COMMISSIONER McDANIEL: You've got to have a live mic first. CHAIRMAN LoCASTRO: County Manager. MS. PATTERSON: Yep. We're going to begin with the invocation by Reverend Beverly Duncan, the United Church of Christ minister. Item #1A INVOCATION GIVEN BY BEVERLY DUCAN FROM UNITED CHURCH REVEREND DUNCAN: Good morning. Let's be together in the spirit of prayer. It's a new year and a new day with all of their possibilities. Even thorny challenges short and long term present fresh possibilities for our minds, our spirits, and our lifestyle, and celebrations also provide those fresh possibilities and joy. So let's go into this never-before morning each of us with clear eyes and open hearts, to be gifted yet again with opportunities to rise above and beyond the ordinary and the expected. May we, County Commissioners and Collier citizens, take advantage of places in our conversations and decision making today to be generous. So many people need us to be there for them, to listen, to be their voice, and to care. So a higher and wider presence calls us to venture outside of ourselves, and may we hear that call and may it be a way of life that we carry with us no matter where we are, what work we do, or what January 24, 2023 Page 3 day and year it is. And in the light of that presence, may this new year and this new day be especially blessed with renewed health and wholeness for all. Amen and Shalom. CHAIRMAN LoCASTRO: We're going to start a new tradition. And usually it's the commissioners who lead the Pledge of Allegiance, but we're going to start getting a little bit of audience participation. We have the First Baptist Academy football team who you're going to hear from in a little bit. They've done some amazing things, but we're going to do an amazing thing right now. We're going to have Jose, Brodie, Michael, and Olson, why don't you come forward a little bit. Why don't you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: I'll have it noted they had hands over hearts, weren't chewing gum, weren't moving around like sometimes you see on TV. These are young professionals here who have done -- have an amazing accomplishment, which we're going to talk about in a little bit. Thank you, gentlemen. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL - APPROVE AND/OR ADOPT W/CHANGES – 5/0 January 24, 2023 Page 4 MS. PATTERSON: Mr. Chair, I'm going to take you through the agenda changes for today. There are quite a few of them. First is to move Item 17A to 9B. This item was continued from the December 13th, 2022, BCC meeting. It's a recommendation to approve an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land-use regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for comparable-use determinations within zoning districts, and requires conditional-use or minor conditional-use approval in additional to a comparable-use determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for a comparable-use determination by providing for Section 1, recitals; Section 2, findings of fact; Section 3, adoption of amendments to the Land Development Code, more specifically amending the following: Chapter 2, zoning districts and uses including Section 2.03.00, zoning districts, permitted uses, accessory uses, and conditional uses; Section 2.03.03, commercial zoning districts; Section 2.03.04, industrial zoning districts; Section 2.03.05, civic and institution zoning districts; Section 2.03.07, overlay zoning districts; and Section 2.03.09, open-space zoning districts; and Chapter 10, application review, and decision-making procedures including Section 10.02.06, requirements for permits, and Section 10.03.06, public notice and required hearings for land-use petitions; Section 4, conflict and severability; Section 5, inclusion in the Collier County Land Development Code; and Section 6, effective date. This is being pulled at Commissioner Saunders' and Commissioner LoCastro's separate requests. And, as a note, on Page 4, 2.03.00, we're striking the text "all Planned Unit Development zoning districts" from the first line. It January 24, 2023 Page 5 should now read, "Rules for interpretation of uses in any zoning district where the list of permitted uses contains the phrase." Next, move Item 16A7 to 11C. This is a recommendation to approve and execute a Florida Department of Transportation Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on the U.S. 41, State Road 45/State Road 90, Lee County line to Vanderbilt Beach Road, authorize the Chairman to sign and execute the agreement and related documents, authorize the necessary budget amendments, and allow project activity. This is being moved at Commissioner McDaniel's request. This will become Item 11C, if I didn't already say that. Moving 16A8 to 11D, recommendation to award Invitation to Bid No. 22-8046, Davis Boulevard Landscape Improvements grant-funded project, to Hannula Landscaping and Irrigation, Inc., in the amount of $425,783.79, authorize the Chairman to sign the attached agreement, and approve the necessary budget amendments. This is being moved at Commissioner McDaniel's request. Move Item 16A9 to 11E. This is a recommendation to award Invitation to Bid No. 22-8047, Collier Boulevard Landscape Improvements grant-funded project to Hannula Landscaping, Inc., in the amount of $526,622.75, authorize the Chairman to sign the attached agreement, and approve the necessary budget amendments. This is being moved at Commissioner McDaniel's request. Move Item 16F2 to 11F, recommendation to award Request for Proposal 22-8026, Tourism Sales Representation Midwest United States, to Synergy-Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the agreement. This is being moved at Commissioner McDaniel's and Commissioner LoCastro's separate requests. January 24, 2023 Page 6 And, finally, move Item 16A13 to 15B2. This is a recommendation to accept January 2023 project update for Vanderbilt Beach Road extension. This is being moved at Commissioner Saunders' request. We have a time-certain, 5A, which is a presentation from the U.S. Army Corps of Engineers on the County Coastal Storm Risk Management Feasibility Study at 10:00 a.m. Court reporter breaks are scheduled for 10:30 and 2:50. CHAIRMAN LoCASTRO: Okay. I'll make a motion to accept the changes. MS. PATTERSON: County Attorney and then Board. CHAIRMAN LoCASTRO: Okay. MR. KLATZKOW: No further changes. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: Board members. COMMISSIONER SAUNDERS: I'll make a motion to approve the agenda as amended. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? CHAIRMAN LoCASTRO: It passes unanimously. MS. PATTERSON: Commissioner, also ex parte on the summary agenda, please. CHAIRMAN LoCASTRO: Okay. We'll go through the Board members. Do you have any disclosures or ex parte on the summary agenda? January 24, 2023 Page 7 Commissioner Kowal? COMMISSIONER KOWAL: I do not. CHAIRMAN LoCASTRO: Commissioner Saunders? COMMISSIONER SAUNDERS: I do have one ex parte, Item 17H. I had some correspondence in reference to that. In reference to the other items, no disclosure. CHAIRMAN LoCASTRO: Commissioner Hall? COMMISSIONER HALL: I had an email for 17A. That was the only one. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning, Mr. Chair. I do have disclosures on 17D, F, and H. I've got emails on all of those. CHAIRMAN LoCASTRO: Okay. I have no disclosures on any of them. COMMISSIONER KOWAL: Mr. Chairman? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER KOWAL: Back of the page, 17H, I do have email. CHAIRMAN LoCASTRO: Okay. Let the record show that Commissioner Kowal's got a change to his disclosures. Okay. Anything else? (No response.) CHAIRMAN LoCASTRO: Okay. SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting January 24, 2023 Move item 17A to 9B: ***This item has been Continued from the December 13, 2022 BCC Meeting *** Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04‐41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires Conditional Use or Minor Conditional Use Approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including Section 2.03.00 Zoning Districts, Permitted Uses, Accessory Uses, and Conditional Uses, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.05 Civic and Institutional Zoning Districts, Section 2.03.07 Overlay Zoning Districts, and Section 2.03.09 Open Space Zoning Districts, and Chapter Ten Application, Review, and Decision‐Making Procedures, including Section 10.02.06 Requirements for Permits, and Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20220000207] (First of two hearings) (All Districts) (Commissioner Saunders and Commissioner LoCastro’s separate requests) Move item 16A7 to 11C: Recommendation to approve and execute a Florida Department of Transportation (FDOT) Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on US 41 (State Road 45/ State Road 90), Lee County Line to Vanderbilt Beach Road, authorize the Chairman to sign and execute the Agreement and related documents, authorize the necessary budget amendments, and allow project activity. (District 2) (Commissioner McDaniel’s request) Move item 16A8 to 11D: Recommendation to award Invitation to Bid ("ITB") No. 22‐8046, "Davis Blvd (SR‐84) Landscape Improvements ‐ Grant Funded" project, to Hannula Landscaping and Irrigation, Inc., in the amount of $425,783.79, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 4) (Commissioner McDaniel’s request) Move item 16A9 to 11E: Recommendation to award Invitation to Bid ("ITB") No. 22‐8047, "Collier Blvd (SR‐951) Landscape Improvements ‐ Grant Funded" project, to Hannula Landscaping and Irrigation, Inc. in the amount of $526,622.75, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (District 1) (Commissioner McDaniel’s request) Move item 16F2 to 11F: Recommendation to award Request for Proposal (“RFP”) #22‐8026, “Tourism Sales Representation – Midwest United States” to Synergy‐Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the Agreement. (All Districts) (Commissioner McDaniel’s and Commissioner LoCastro’s separate requests) Move item 16A13 to 15B2: Recommendation to accept the January 2023 Project Update For ‘Vanderbilt Beach Road Extension.’ (Project 60168) (All Districts) (Commissioner Saunders Request) Notes: Revise Item 17A (9B) Attachment 1 “CUD Draft Ordinance”: On page 4 Section 2.03.00.1 strike the text “all Planned Unit Development zoning districts and” from the first line. It should now read “Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase…”. TIME CERTAIN ITEMS: Item 5A to be heard at 10:00 AM: Presentation from the U.S. Army Corps of Engineers on the County Coastal Storm Risk Management Feasibility Study. 2/10/2023 2:04 PM January 24, 2023 Page 8 Item #2B, #2C and #2D BCC MEETING MINUTES FROM SEPTEMBER 22, 2022, OCTOBER 25, 2022, AND DECEMBER 13, 2022 – MOTION BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED AS PRESENTED - 5/0 MS. PATTERSON: Commissioners, we have a number of catch-up items here for meeting minutes that were late arrivals. So 2A1, 2A2, and 2A3, we’ll need motions on those. COMMISSIONER McDANIEL: I'll move for approval for all three. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. It passes unanimously. Item #3 AWARDS AND RECOGNITIONS - CRISTINA PEREZ, PROGRAM MANAGER- BAYSHORE/GATEWAY CRA – PRESENTED MS. PATTERSON: Commissioners, that brings us to Item 3, awards and recognitions. We have one 20-year attendee. That's January 24, 2023 Page 9 Cristina Perez, program manager of Bayshore Gateway CRA. (Applause.) Item #4A PROCLAMATION RECOGNIZING THE FIRST BAPTIST ACADEMY FOOTBALL TEAM ON THEIR FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION CLASS 1S STATE CHAMPIONSHIP. TO BE ACCEPTED BY BILLY SPARACIO, HEAD COACH AND ATHLETIC DIRECTOR, FIRST BAPTIST ACADEMY, AND OTHER DISTINGUISHED GUESTS. MOTION TO ADOPT THE PROCLAMATION BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Item 4A is a proclamation recognizing the First Baptist Academy football team on their Florida High School Athletic Association Class 1S State Championship, to be accepted by Billy Sparacio, head coach and athletic director, First Baptist Academy, and other distinguished guests. (Applause.) CHAIRMAN LoCASTRO: Coach, or whoever is representing the school, if you'd like to say a few words at the podium, you're more than welcome. COACH SPARACIO: First, I'd like to just thank everybody for having us here today. As you can imagine, it's a great honor to be here, and we're really, really proud of these young men and the staff. So I'd like to thank our head of school, Dr. Ryan Dupee, our principal, LeAnne Bates, and then our coaching staff. Not all of them are here and, obviously, not all of our players, but these are our captains. Super proud of these young men and what they January 24, 2023 Page 10 accomplished this year. And on behalf of First Baptist Academy, what I would just like to share and say in thanks is our mission statement -- every great organization, you know, lives by a mission statement and hopefully puts that to good use. At First Baptist Academy, 4HG, "For his Glory," is what we're all about. And I believe that's the driving force behind our athletic department, our school, and particularly this football program that we have, and it holds our coaches and our players to just a higher standard than I could -- I could kind of imagine anybody else having, because what we're doing we're doing for the glory of God; every single thing we do. So with that being said, I do believe with all my heart that, you know, we had a great successful football year, but we're raising young men, or we're being a part of raising young men in the education field for the future to take seats like this maybe someday or be involved somehow, some way in their local government or throughout our country. They're fine young men headed in a direction of some great colleges and great careers. I'm super proud of them, but what I'm proud of the most is that the biblical world-view education that they have received will be the grounds, the foundation of the rest of their lives, and I believe because of that they will know the difference between truth and falsehood. And in the society and the country we live in now, that's invaluable. So really, really proud of them. Thank you for this honor, but I wanted these young men to be recognized for what they stand for outside of the football field more than just on the football field. Thank you so much for having us. COMMISSIONER McDANIEL: Good job. COACH SPARACIO: Appreciate that, and all the rest of the people who made this happen. Thank you. January 24, 2023 Page 11 (Applause.) CHAIRMAN LoCASTRO: I just want to say on behalf of the county, we have a lot of people speak at that podium, and it's obvious you have some fine young men here, but they're really being led by example. So your words are much appreciated and highly respected by all of us up here, and refreshing. COACH SPARACIO: Thank you. CHAIRMAN LoCASTRO: Thank you, sir. (Applause.) MS. PATTERSON: Commissioners -- CHAIRMAN LoCASTRO: Get out. Go to school. Come on, go do great things. You know, no field trip today. That's it. You're done. COACH SPARACIO: We've got the principal here. We've got to go back. CHAIRMAN LoCASTRO: Yes, ma'am. MS. PATTERSON: Could we get a motion to approve the proclamation? CHAIRMAN LoCASTRO: Motion to approve. COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Approves unanimously. Item #7 January 24, 2023 Page 12 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: I have one registered speaker for Item 7, Diane VanParys. MS. VanPARYS: Do I go -- MR. MILLER: Either one. MS. VanPARYS: Thank you. Diane VanParys, and I'm going to speak today on election integrity. And the reason I'm doing that is I've worked the elections here in Collier County for over 10 years, and I'm also on two major committees. One is the Florida Fair Elections Committee as well as a national election integrity committee with the Conservative Partnership Institute. And in my experience, I wanted to let you know that in Collier County we are considered the best in Florida in terms of best practices that we use for our elections. And two days after the November 8th election, we had a Zoom meeting where we were able to hear what issues occurred in the state of Florida throughout the various counties. And we heard numerous things that did not exist here, and I was able to speak to the fact that when we end our elections at the end of the evening, all of the tabulation machines, which are called DS200s, we have bins that we put those ballots into that we then seal. And many counties throughout the state of Florida, they literally were trying to put the ballots into the boxes they came in that were packages of 100 sealed, which once the ballots are in the machine and you take them out, you're not going to ever get them back to a stack of 100 and in the box. So they literally had to put ballots in trash cans and trash bags and take them to their county Supervisor of January 24, 2023 Page 13 Elections office. So that's just one example of Collier County and the excellent job that Jennifer Edwards does as our Supervisor of Elections. The other thing I want to mention is the results in the various -- the various logic and accuracy tests. All of that is open to the public. She has provided many, many tours, but what we were able to show is that Collier County has some of the best practices, and we are putting that together for these other counties in the state of Florida. So that's what I wanted to share with you. Thank you. CHAIRMAN LoCASTRO: And I know Commissioner Saunders has a comment. Yes, sir. COMMISSIONER SAUNDERS: I think three of us on this commission served on the Canvassing Board. I happened to be at the Canvassing Board when Diane was making a presentation to the group that was there concerning how wonderful things went in the election. There were representatives from both the Republican Party and the Democratic Party there, and I think everybody was -- no questions, no complaints from anyone. But I asked Diane at that time if she would come to a commission meeting to spread that good word about how elections are run in Collier County, but there's been some, I think, misunderstanding/miscommunication. We've had some people come to the podium and speak about election integrity, and I just wanted the public to really hear that we don't have an election integrity problem in Collier County. That doesn't mean there isn't one around the state, around the country, but there is not one here in Collier County. So I just wanted that. Thank you for taking your time to make that presentation. MS. VanPARYS: Thank you. January 24, 2023 Page 14 CHAIRMAN LoCASTRO: And, Diane, I just want to say, you sent me a text last night on a totally different subject, but I didn't see it till way late. But I think you must have got the answer. Yeah, I figured you got the answer somewhere, but my apologies. MS. VanPARYS: That's okay. CHAIRMAN LoCASTRO: I didn't see it till much later. MS. VanPARYS: No problem. CHAIRMAN LoCASTRO: Okay. Mr. Miller? MR. MILLER: That was the only registered speaker for Item 7, sir. CHAIRMAN LoCASTRO: Wow, that's a record, okay. Are you sure? Should we take a break? MR. MILLER: It is a little bit flabbergasting, yes. COMMISSIONER SAUNDERS: Do we need a recount? CHAIRMAN LoCASTRO: Is there anyone? Anyone? COMMISSIONER McDANIEL: Dan, you've got something to say. MR. COOK: I'm here to listen. CHAIRMAN LoCASTRO: Okay, ma'am. Let's go to the next. Item #9A ORDINANCE 2023-11: AN ORDINANCE AMENDING ORDINANCE NO. 04-74, AS AMENDED, ORANGE BLOSSOM RANCH, A PLANNED UNIT DEVELOPMENT (PUD), TO CHANGE THE 43.6± ACRE COMMERCIAL OFFICE (C/O) TRACT TO THE MIXED USE (MU) TRACT; TO ALLOW 400 MULTI-FAMILY RENTAL DWELLING UNITS WITH SOME AFFORDABLE HOUSING ON A PORTION OF THE MU TRACTS IN ADDITION TO THE ALLOWED 200,000 SQUARE January 24, 2023 Page 15 FEET OF COMMERCIAL DEVELOPMENT, CHANGING THE TOTAL DENSITY FROM 1,950 TO 2,350 DWELLING UNITS AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS 43.6± ACRES OUT OF THE 616± ACRE PUD AND LOCATED AT THE NORTHWEST QUADRANT OF OIL WELL ROAD (C.R. 858) AND HAWTHORN ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20210001860] (DISTRICT 5) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Item 9A. This is our advertised public hearing. This item requires that ex parte disclosure be provided by commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance amending Ordinance No. 04-71, as amended, Orange Blossom Ranch, a Planned Unit Development, to change the 43 plus -- 43.6 plus-or-minus-acre commercial office tract to the mixed-use tract to allow 400 multifamily rental dwelling units with some affordable housing on a portion of the MU tracts in addition to the allowed 200,000 square feet of commercial development, changing the total density from 1,950 to 2,350 dwelling units, and providing an effective date. The subject property is 43.6 plus-or-minus acres out of the 616 plus-or-minus-acre PUD and located at the northwest quadrant of Oil Well Road and Hawthorn Road in Section 13, Township 48 South, Range 27 East, Collier County, Florida. And Mr. Mike Bosi or the applicant is here for presentations or to answer questions. COMMISSIONER McDANIEL: Well, we've got to swear in first. January 24, 2023 Page 16 MS. PATTERSON: We need swearing in, yes, thank you, and ex parte. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Ex parte. CHAIRMAN LoCASTRO: Ex parte disclosures from Commissioner Kowal. COMMISSIONER KOWAL: See if I get this right this time. Yes, I have meetings and emails in reference to this item. CHAIRMAN LoCASTRO: Okay, 9A. COMMISSIONER SAUNDERS: And I have the same disclosure: Some meetings and emails concerning the project. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Meetings, emails, and calls. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Emails and calls. CHAIRMAN LoCASTRO: Okay. And I have meetings and emails on 9A. Okay. MR. ARNOLD: Good morning. Wayne Arnold, certified planner with Grady, Minor & Associates, representing the applicant. With us today we have representatives from Quintara (phonetic), who are the former Lennar Group, and we also have Rich Yovanovich, our land-use counsel. So this item is, as described in the title, an amendment to the Orange Blossom Ranch PUD out on Oil Well Road, partially developed project. The commercial tract is just now undergoing development. We'll have a grocery-anchored shopping center. This is the balance of that commercial tract. We're proposing to, essentially, convert about 100,000 square feet of commercial to allow up to 400 residential multifamily rental units. Troy, that's not advancing for some reason. I don't think we have any members of the public here, and we January 24, 2023 Page 17 had a unanimous approval from the Planning Commission and through staff. So this highlights the commercial tract. It's just east of the Collier County Public Schools on the north side of Oil Well Road. And we have proposed a project that we're calling trip neutral. So the conversion of some of the commercial to residential doesn't change the overall trip cap that's been established for that PUD. We did have a couple of speakers at Planning Commission who talked about traffic associated with the schools in the morning. And I think you had testimony from staff at the Planning Commission that the road itself functions appropriately and our traffic does not affect the level-of-service standard for the project. So I don't know how many details you want me to go into with regard to the project, but we are making plans to change the master plan to accommodate this as a mixed-use tract. We've made some other modifications, and probably the one significant thing that we volunteered to do was to make 10 percent of these residential units associated with the mixed-use tract to be affordable housing units. When we filed the application, your process, as it still is, is in a little bit of flux on how we're going to handle these. This isn't a Comp Plan amendment. We're consistent with the Growth Management Plan, but the applicant felt like that was the right thing to do to make that commitment because they felt they could meet guidelines for the affordability factors. So with that, I'll stop and answer any questions if you have them. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: A couple questions. The number of affordable units, how many actual units will there be that are affordable? MR. ARNOLD: Ten percent of the 400, up to 400 units. So I January 24, 2023 Page 18 don't know that they will construct exactly 400. It may come in at 380. COMMISSIONER SAUNDERS: I just want to make sure. I wasn't sure if it was 10 percent of the 400. I just wanted to make sure that that was the case. MR. ARNOLD: Yes. COMMISSIONER SAUNDERS: And then the Clerk, Ms. Kinzel, raised an interesting question, and I wasn't sure how to address it, and that is, who is actually eligible for occupancy of those 40 plus-or-minus units? MR. ARNOLD: These are restricted to income categories of 80 to 100 percent. COMMISSIONER SAUNDERS: Okay. And just, I guess, for the public, can you kind of define what that range is? MR. ARNOLD: It's based on your median income, and this year -- I don't know the exact number -- but it's around $90,000. COMMISSIONER McDANIEL: Ninety-eight. MR. ARNOLD: Ninety-eight, sorry. COMMISSIONER SAUNDERS: Is that a family of four? MR. ARNOLD: Yes. COMMISSIONER SAUNDERS: So a family of four that earns somewhere between 80,000 to 100,000 would be eligible for that? MR. ARNOLD: Yes, somewhere in that range. COMMISSIONER SAUNDERS: All right. Thank you. Well, just another quick clarification, I'm sorry. So is that -- that's family income? MR. ARNOLD: That's correct. COMMISSIONER SAUNDERS: So if a husband and wife are there and they both work -- MR. ARNOLD: It is a family income, yes. COMMISSIONER SAUNDERS: So that would -- I'm just January 24, 2023 Page 19 wondering if that would -- if these units, then, would be eligible for firefighters and police officers. And I guess if it's a two-family -- or two-income family, that probably wouldn't work. MR. YOVANOVICH: For the record, Rich Yovanovich. Yeah, initially we had proposed going up to the 120 percent income threshold, because that would cover probably two working teachers, two working firefighters, two working police officers. But the county has asked that the limitation be brought down to the 100-percent-and-below category, which may -- it may exclude some dual-income families but would catch most of the younger professionals that are coming to Collier County that make too much if you limit it to the 80 percent and below. COMMISSIONER SAUNDERS: Okay. Thank you. I just wanted that clarification. CHAIRMAN LoCASTRO: A lot of times when we see these projects, you know, we hear about congestion on the main road and what it's going to add. I know when I took the pre-briefing on this, I was really pleased to see you add in the access road that's going to help the residents that are behind this project. Can you just, just for the record -- you know, I don't know if that's something that maybe Commissioner McDaniel negotiated. It's, obviously, his district, but the end result was I like seeing more of that type of smart design so that you can -- we can get people -- affordable housing and housing of an affordable nature -- I realize not all of it's affordable housing -- but also put some thought into we're not just dumping a bunch of people out on the main road. So, you know, for those that are -- they're hearing this for the first time, they may not realize that -- that part of the design that you've put it. MR. ARNOLD: So this slide, Commissioner, shows you a conceptual layout for the apartments. And a couple of key features January 24, 2023 Page 20 you point out, there is a road on the western alignment here that the Paul family donated to Collier County that takes you from Oil Well Road to the park to the north, and then as part of the shopping center development, there will be a frontage road that connects Hawthorn all the way over to the park road, so -- and the park road will be a signalized intersection. So the people at Hawthorn will have a signalized access point and safer access to that. It's good. Thank you for pointing that out. COMMISSIONER McDANIEL: And I lit up and unlit. You asked the question. I just wanted -- and what was the contribution of right-of-way at no expense? There was -- and it's been moved several times for both utilities and the road, so... MR. ARNOLD: Yes. There were separate agreements for utilities and then for the road and a couple of well easements. But I think the right-of-way itself was around three acres in total. CHAIRMAN LoCASTRO: Okay. Any other questions? Commissioner Hall. COMMISSIONER HALL: Just for the record, I do -- I did drive out there yesterday morning. I drove out there in school hours just to see if the road, you know, in reality was going to handle it, or if it was just numbers. And I can pleasantly say that even in rush hour of school the road was not bad. I mean, there was maybe 10 cars at a red light, and that was nothing compared to Immokalee, trying to get out there. So just for the record, the road is in good shape for this 400 units. CHAIRMAN LoCASTRO: So our traffic expert, Commissioner Hall, testifies that -- COMMISSIONER HALL: I'm telling you, I lived it. I lived it. CHAIRMAN LoCASTRO: You know, one thing I want to say before we close, you know, when we approve these type of either January 24, 2023 Page 21 residential or commercial units -- and, you know, we had a marathon meeting, you know, two weeks ago -- you know, the one thing just to remember is when people own land, they have the right to build on it. And, you know, we try aggressively to figure out what the best thing is that's going to fit. And, you know, you can never please everybody. But sometimes when, you know, folks send us notes and they say, well, nothing should go there, it's already overcrowded, nothing's not an option in most cases. And so that's when, you know, we really value citizen feedback. Maybe keep it professional. Screaming and using vulgarities in a three-page email doesn't help me as much as somebody who actually gives, you know, actual, you know, professional thought. But, you know, the reality is, we aren't just sitting up here going yes, yes, yes, approved, approved, approved and doing nothing. And a lot of times what the public hears here is after weeks and months and even maybe a year of negotiation. So they'll say, wow, how come you didn't, you know, do A, B, C, D, and E? Well, all that might have actually been done, and that's how we got to this point. And so I'm just using this as a generic example. This is Commissioner McDaniel's district but, no doubt, you know, he's not seeing this for the first time, and all the things that the final schematic show wasn't just thought of yesterday and rubber stamped, approved here. These are long processes. And so it's always, you know, easy to say like, oh, you should have squeezed for this and squeezed for that. Sometimes this was the squeeze, you know. And so, you know, but always citizen input is important; feedback, I think we all welcome it. But I liked a lot of the things that I heard when I took the pre-brief. And it was obvious that a lot of pencils have been sharpened. And, you know, I mean, nothing's going to please everybody. But I think this is a great use of this tract of land with a January 24, 2023 Page 22 lot of thoughtful other design details that went into it. So, Commissioner McDaniel, sir. COMMISSIONER McDANIEL: Yes. And just to -- for caution, Commissioner Hall, you have to drive it every day before you make the decision as to whether it's -- COMMISSIONER HALL: I can do it. COMMISSIONER McDANIEL: Because I have -- I do a lot, and it's busy. It's really busy. But be that as it may, the TIS does show -- the Traffic Impact Statement does show the impacts for Oil Well Road are manageable, number one. Number two -- and if you could, just for my sake, if you have it off the top of your head, we converted over 100,000 square feet of commercial, which is a collector, to residential. And what's the differentiation in the trip generation, if you have that recollection? MR. ARNOLD: I don't have that, but our transportation engineer just walked in the room, and I'm sure he can tell you that number. What we do is compare the traffic of about 100,000 square feet. So the group that purchased part of this tract from the Paul family and will develop a grocery-anchored shopping center, that left an allocation of about 100,000 square feet of commercial which won't be developed here because of the 400 units. COMMISSIONER McDANIEL: Correct. MR. ARNOLD: So I don't know -- MR. YOVANOVICH: So that's the ratio. MR. ARNOLD: So the ratio is roughly that, the 100,000 square feet converted to about 400 units. COMMISSIONER McDANIEL: Correct. And the trip generation for 100,000 square feet in comparison to the 400 residential, do you have that? MR. ARNOLD: I'll let Mr. Banks answer that. I'm sure he has January 24, 2023 Page 23 it. COMMISSIONER McDANIEL: Mr. Banks. MR. BANKS: Why don't you give me just a couple more minutes, Chair. COMMISSIONER McDANIEL: You know what, I don't need it. I've already looked. There is a significant reduction in traffic by converting from the commercial to residential and, minimumly, it's a 50 percent reduction from the allowable uses. And as Commissioner LoCastro stated, this property's zoned. Property rights are sacred. There is allowances that come within those property rights, and this commercial is a benefit to that everyday traffic that, in fact, transpires out there. So with that, I'll make a motion for approval. CHAIRMAN LoCASTRO: Okay. I have a motion for approval. Do I have a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Okay. I have a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. ARNOLD: Thank you very much. MR. YOVANOVICH: Thank you. CHAIRMAN LoCASTRO: I'd like to take a suggestion. Do you all -- you enjoy hearing the gavel? It makes it sounds official, right? I mean, Commissioner McDaniel dropped a lot of the January 24, 2023 Page 24 professionalism and sort of the legalities of the -- but I'll defer to my colleague here from Tallahassee. COMMISSIONER SAUNDERS: I don't often agree with Commissioner McDaniel -- CHAIRMAN LoCASTRO: Oh, gosh. COMMISSIONER SAUNDERS: -- unless if I have to. CHAIRMAN LoCASTRO: Okay. All right. So I have a motion and second. Okay. I got it. COMMISSIONER McDANIEL: Don't be sorry. CHAIRMAN LoCASTRO: It's only my second meeting. Okay. County Manager? Item #9B ORDINANCE 2023-12: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, THAT REVISES THE PROCEDURES AND APPROVAL PROCESS FOR COMPARABLE USE DETERMINATIONS WITHIN ZONING DISTRICTS AND REQUIRES CONDITIONAL USE OR MINOR CONDITIONAL USE APPROVAL IN ADDITION TO A COMPARABLE USE DETERMINATION IN ALL ZONING DISTRICTS EXCEPT FOR PLANNED UNIT DEVELOPMENT ZONING DISTRICTS THAT EXPRESSLY PROVIDE FOR COMPARABLE USE DETERMINATIONS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS January 24, 2023 Page 25 TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.00 ZONING DISTRICTS, PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, AND CHAPTER TEN APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, AND SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20220000207] (FIRST OF TWO HEARINGS) (ALL DISTRICTS) (COMMISSIONER SAUNDERS AND COMMISSIONER LOCASTRO’S SEPARATE REQUESTS) MOTION TO CONTINUE TO FEBRUARY 28, 2023, MEETING; COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: We're at Item 9B, formerly Item 17A. I read this full title in as part of the change sheet, and I will remind you of what it is. This is a recommendation to approve an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land-use regulations for the unincorporated area of Collier County, Florida, January 24, 2023 Page 26 that revises the procedures and approval process for comparable-use determinations within zoning districts and requires conditional use or minor conditional-use approval in addition to a comparable-use determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for the comparable-use determinations. Mr. Mike Bosi is here to present or answer questions. We need ex parte on this -- no, and no swearing in. No swearing in. Okay. COMMISSIONER McDANIEL: You lost me at the beginning. You went -- which item number is this? MS. PATTERSON: This is 17A, now 9B. COMMISSIONER McDANIEL: Okay. MR. BOSI: Good morning, Commissioners. Mike Bosi, Zoning Director. What's before you for 9B is the comparable-use determination. The comparable-use determination is a process that's been long standing within the county to add uses that are similar in characteristic to other uses within a zoning category, a zoning overlay, or within a PUD, for three of the five commissioners. December of '21 we heard a food truck park appeal, and the basis of the appeal was the comparable-use determination overreached in terms of allowing a food truck park anywhere in the county that would allow for a restaurant. And what happened was when we went through the mechanics of it, it was discovered, and it was recognized that if you go through a comparable-use determination in your Commercial 2 categories, your Commercial 3 categories, Commercial 4 or Commercial 5, when you added that comparable use to that one location that was requesting it, it not only allowed that use to be added to that location, but it added that use to be allowed to anywhere within the county that was zoned similar to January 24, 2023 Page 27 that parcel of land. And what the Board said, that's too far of a reach, because you can't -- it's hard to understand the surrounding land uses, the other dynamics that go into compatibility and consistency and what other influences this would have if you analyzed it in one locality could be different in another locality. So the Board directed staff to come back and said localize that. And how do we localize that? What we're proposing, that for any of the commercial zoning categories that has the comparable-use determination language, not only does it require to go through the comparable-use analysis, but it has to go through the conditional-use analysis, and that conditional-use analysis localized it, means it only would be applicable to that parcel of land and not a parcel of land that's in Immokalee or a parcel of land that is down in Isles of Capri. So this -- this proposed amendment is going to fulfill the direction the Board had provided to staff, and if you've got a straight zoning category or a PUD that doesn't have the comparable-use language, the comparable-use analysis and criteria will be applied to it, but also the conditional-use analysis will be applied to it. So it localizes it and only applies to that parcel of land. And if another -- if another C-4 or C-3 property wanted to go through it, they would have to go through the process again. It wouldn't be automatically approved. It would have to be a public hearing that would be associated with it. Surrounding neighbors would have a say within it, would have opportunity to address the Board of County Commissioners. So that's an overview of what this comparable-use determination LDC amendment is proposing to do; it's to add more criteria to our straight zoning categories in our PUDs that do not contain that language to require them to go through the comparable-use and the conditional-use process. January 24, 2023 Page 28 And with that, any questions that you may have. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm going to say it out loud, I don't like this. This is adding more bureaucracy. This is adding more expense to the property owners that have vested rights. I would be in favor of an enhancement of the comparable-use designation. I would be in favor of elevating those comparable-use requests to public format in front of the HEX or the Planning Commission, maybe even this board, depending on the contentiousness. But the expense for, relatively speaking -- and, again, we bring things up. I mean, we just heard an item that was voted on 6-0, but because there were objections at the Planning Commission, we elevated it to this level to allow those folks to say their piece. I know for a fact that it costs at least $100,000 in a year to do a conditional-use in this county and to add that imposition when we already have, relatively speaking, protections for our contiguous neighbors. I would rather we -- as opposed to an LDC amendment and adding the conditional use in, I would rather we elevate the comparable use away from -- maybe elevate it away from the staff, because I have had circumstance -- and that puts a lot of pressure on staff. I have had circumstances where folks come in and applied for a comparable-use adjustment, staff has approved it, and then all of a sudden I’ve got a flea market on a side street over in Immokalee on a comparable-use designation. That's just one that I have that's out here in the back of my brain. So my thought is I'm not -- I'm not happy with this. MR. BOSI: And, Commissioner, just for clarification, all comparable-use determinations are either heard by the HEX or eventually the BZA. So there is a public hearing that is associated with it. January 24, 2023 Page 29 COMMISSIONER McDANIEL: Now, you said -- and forgive me. Forgive me for interrupting. But there are staff-designated comparable-use designations, or did we stop that? MR. BOSI: Those were -- those were the practice of a zoning verification letter, and the zoning verification letters started to expand into adding uses and not just verifying what would be allowed for within a zoning district but asking whether a use that's similar to the uses within the zoning district. That -- about three or four years ago, we put an end to that with the comparable-use determination. What I could suggest, if it's the cost that is associated with the conditional-use process that is the apprehension of the Board -- because I think the Board was clear that you do not want one parcel of land in allowance for a use in one parcel of land to decide what can go on throughout the county without some opportunities for adjoining public or adjoining property owners to have say within that. I would propose that we could add one additional criteria to the comparable-use determination -- and it's not really a criteria. It would be a statement -- that this comparable-use determination only applies to the parcel of land seeking the comparable use and does not apply zoning district-wide; therefore, they don't have to go through the comparable use -- or the conditional use. And just to let you know, there's very -- there's not much difference between the comparable-use criteria and the conditional-use criteria. I will show you just quickly on the visualizer, this is -- this is your conditional use for criteria: Consistency with the LDC and GMP, ingress and egress to the property or the proposed structures with particular reference to auto and pedestrian safety, convenience, traffic flow, access, case of fire or catastrophe, the effect the conditional use will have on neighboring properties in relation to noise, glare, economic, odor effects, and compatibility with adjacent properties and other properties in the January 24, 2023 Page 30 district. So that's the conditional use, but the one thing about the conditional use, it localizes it. COMMISSIONER McDANIEL: I understand. And I'm happy with your language adjustment that you just suggested. That makes me -- that makes me far more comfortable. MR. BOSI: And when you look at the comparable-use determination criteria, it's very similar -- it's very similar to what the conditional-use process is. You're looking at operating hours -- similarity, operating hours, traffic volume generated, type of vehicles associated with use, number and type of required parking spaces, business practices and activities, the effect the proposed use will have on neighboring properties, noise, glare, odor effects. So you can see, there's a lot of similarity. So we could modify this to specifically state that the comparable-use process, when -- you know, only applies to the parcel of land that is seeking the comparable use within the individual zoning district or PUD and bring that back to the Board of County Commissioners to eliminate the requirement for a comparable and conditional use at the same time so it will just be streamlined within that comparable-use process if that's the direction the Board would like. COMMISSIONER McDANIEL: I'm one of five. COMMISSIONER HALL: Well, I've got a question. So are you saying -- COMMISSIONER McDANIEL: I'm not done yet. COMMISSIONER HALL: Okay. Go ahead. CHAIRMAN LoCASTRO: Okay. Then I have Commissioner Saunders on deck. COMMISSIONER McDANIEL: You've got to hit your light. There you go. January 24, 2023 Page 31 Again, I'm one of five, but we've traveled this path before on other adventures. I like the thought process of amending the compatible-use process. I've had concerns when we allowed for comparable uses that it could end up being a creep of that use in other areas similar to what we went through with the food truck park. And so I would be in support of that language adjustment and not adding the burden of the conditional use. Now I'm done, but you've got to wait for him to call on you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I had asked this to be placed on the regular agenda because it's important stuff, and I thought that we needed to hear the detail. I'm glad that we did, because it looks like we may be at least considering a change. I need to ask the County Attorney, in terms of what Mr. Bosi has suggested, if you have a comparable-use determination on a particular parcel of property, this use is comparable to the use that's approved; therefore, you can have that use. Once that determination is made, Mr. Bosi's indicating that that would be localized only to that particular parcel that's subject to the comparable-use determination, and some other property owner couldn't say, well, I've got the exact same zoning, I've got the exact same use, so, once that comparability has been determined, as a matter of law, would that determination apply elsewhere? And I understand each zoning district is different -- or each parcel is different, but just once that determination is made that a particular use is comparable with an identified use, would a property owner be able to say, you know, there's an equal-protection issue here? MR. KLATZKOW: Michael, in your comparable use, do you see whether or not it's consistent with the neighborhood practices? MR. BOSI: And the -- January 24, 2023 Page 32 MR. KLATZKOW: Is it compatible, is what I'm getting at. MR. BOSI: To directly answer your question, if you -- look at B. Look at B. That's part of the comparable-use determination. The effect the proposed use would have on neighboring properties in relation to noise, glare, odor effects shall be no greater than other permitted uses. So what you're doing is you're looking at the surrounding properties for that parcel of land. So that parcel of land, compared to a person who comes with the same zoning district, that -- the surrounding land uses may be different, and that difference has a direct bearing upon whether staff could find there is consistency and there is compatibility with that type -- with the use being proposed. COMMISSIONER SAUNDERS: I just want the County Attorney to opine as to whether or not that is accurate in terms of it's not going to be binding on us in another district. MR. KLATZKOW: Provided that staff is consistent using compatibility as one of the criteria, then it has to be site specific. COMMISSIONER SAUNDERS: All right. Then I have no problem with the -- that proposed process. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: So two things. So the comparable use would be the sniff test before a conditional use is done; is that what you're saying? MR. BOSI: A comparable use is done to look at all the uses within a zoning category. We are -- we were proposing to have the comparable use be the first -- the first application, and then the conditional use would be the second application. COMMISSIONER HALL: Well, if it passes the comparable use, then the conditional uses. But if it does not pass the comparable use, then we don't go -- there's no further. MR. BOSI: Yeah, we wouldn't go any further. January 24, 2023 Page 33 COMMISSIONER HALL: Okay. So then, from what Commissioner Saunders was saying, this does not set a precedence. Just because somebody gets one, it does not set a precedence for other people to jump on the bandwagon? MR. KLATZKOW: You really want to tie in the compatibility, if that's the way the Board's going. Just make sure it's compatible with the neighborhood, not within the PUD. MR. BOSI: And staff, based upon that clear correction from legal counsel, we would make sure we crafted the additional add-on language we talked about to localize it and be focused upon the compatibility of the surrounding land uses against the proposed use. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And that language with specificity for that site will help protect us. I mean, certainly anyone can come and argue. They can argue a compatible/comparable use -- or comparable use and then argue the compatibility with regard to the nearby surrounding area. But if we make it site specific, we don't have to add the extra layer on the conditional use side to theoretically protect ourself, because even if we did that, it would still come back as an argument someday if somebody else wanted to do something similar, so... CHAIRMAN LoCASTRO: So what I'm hearing here is the proposal is sort of a morphing of what's on here, taking some of the good things from the conditional use and absorbing it into comparable use so we get the best of both worlds, correct? I mean, that's what's being proposed here? MR. BOSI: Correct. And what staff would ask is the Board to provide direction to staff to make the modifications as discussed to provide the comparable use to be localized based upon consistency of surrounding land uses. CHAIRMAN LoCASTRO: Because what I initially liked January 24, 2023 Page 34 about this before the discussion was, you know, we're not -- we're not making any more dirt. We're not making any more land. And not that -- you know, I'd certainly agree with Commissioner McDaniel; don't want to infringe on property rights. But, you know, we also don't want to -- and not that we make it easy to build whatever you want. But what I initially liked about this is, you know, it was a little bit stronger of a vetting process. I certainly went through this in my district with the food truck park and, you know, we learned a few things, and that was an anomaly. It wasn't so much that the wording wasn't right here, but it was, like, we only had one example of a food truck park, and maybe that wasn't a precedent, and that was another argument. I do understand the additional expense, but I also think, you know, that -- I don't want to say that's not my problem, but if a developer wants to build a multi-million-dollar complex and, you know, part of our job is to make sure it's the right thing on the right spot and everything's vetted, and there's extra investment. I don't -- I agree, I don't -- I'm not a fan of government overreach or redundant excessive type of thing, so -- but I do like -- I didn't think we were going to hear a proposal of sort of like a different sort of proposal here. So I'm liking that now. I wouldn't have. I liked everything in here as it was written, but with what you've said and what my colleagues have said here, I think the answer -- the better answer is somewhere sort of in the middle, and it gives us the latitude to make sure that there's no loopholes, that it gives us as much vetting and oversight as possible, especially on these unique things. So what I'd be looking for from the staff is a real deep dive to make sure that the language is very clear, very succinct. And if some of that new language causes, you know, a developer to have January 24, 2023 Page 35 more investment or design or more legal advice or whatever, I mean, you know, it's part of the process. You know, we're trying to, you know, protect our community and have cohesion in our construction projects and all the other things. So I certainly would echo that some sort of combination of this, I think, would be a step in the right direction. Certainly, keeping it as it is, I think, isn't as strong as it could be, and I think we all agree on that. So, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And so my question to you is, how long do you need to craft the new language? Two weeks? Till our next meeting or second meeting in February? MR. BOSI: Second meeting in February would probably -- COMMISSIONER McDANIEL: I'll make a motion we continue the item to the second meeting in February and have the review of the new proposed language. CHAIRMAN LoCASTRO: I have a motion. Do I have a second? COMMISSIONER SAUNDERS: I'm going to second, but just for clarification, I want the record to clearly reflect, and for it to reflect this today, that it's the intent of the Board that a determination on one parcel is not a precedent on another parcel, that you have to -- you have to do the -- not only the evaluation of the zoning but, as the attorney said, compatibility with the neighborhood so that, clearly, it's not a precedent. COMMISSIONER McDANIEL: The motion maker's fine with that clarification. CHAIRMAN LoCASTRO: Okay. We have a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. January 24, 2023 Page 36 CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously with no gavel hit. You know, in the big leagues they hit the gavel for everything, okay? COMMISSIONER SAUNDERS: Well, we do things better in Collier County. CHAIRMAN LoCASTRO: Yes, sir. County Manager, so I know we have a time-certain at 10:00. Can we squeeze in anything in the next nine minutes? MS. PATTERSON: Certainly. We -- next up is 11A, which is the conversation about the night meeting for the -- or the exemption from the night meeting for medical marijuana. We do have one speaker on that topic, but if you'd like to take that, we could probably get that one done. CHAIRMAN LoCASTRO: And the time-certain could be 10:06. MS. PATTERSON: A few minutes late. Yes, absolutely. CHAIRMAN LoCASTRO: I mean, we're in that window, so, yeah, let's move forward to 11A. Item #11A 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. [PL20220004273] January 24, 2023 Page 37 (MIKE BOSI, PLANNING AND ZONING DIRECTOR) (ALL DISTRICTS) MOTION TO BRING BACK AN ORDINANCE TO BAN BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Yep, absolutely. Item 11A, this item has been continued from the September 13th, 2022, BCC meeting. This is a recommendation to hear a Land Development Code amendment to allow medical cannabis dispensaries in the same zoning districts as pharmacies as two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Mr. Mike Bosi is here to present or answer questions. MR. BOSI: Mike Bosi, Zoning director. This was proposed to be heard by the Board of County Commissioners September 13th hearing. Their decision was, with the new Board coming in, it's really a decision that should be for the current composition. So the question -- and Commissioner Saunders wanted to, I believe, eliminate unnecessary expenses. If we could not recognize that there were four votes to approve allowing cannabis dispensary facilities, then why would we go forward? Why would we advertise? Why would we take staff time? Why would we take the Board's time to move forward? So it was really kind of a sidebar to try to see what is the will of this board? Does the Board want us to move forward? Are there four votes to allow for medical marijuana dispensaries wherever the zoning districts allow pharmacies as provided by the state statute? CHAIRMAN LoCASTRO: And if there wasn't, to just summarize what you're saying, then this wouldn't be worth discussing. It dies on the vine, or -- MR. BOSI: It would die on the vine. January 24, 2023 Page 38 The other issue -- and this is -- this is where we're -- because we're kind of left in limbo and -- because last time we could only get three to support the medical marijuana dispensaries; we couldn't get three to prohibit them. So it kind of left us nebulous, and it did leave us exposed because we have a comparable-use determination. Someone could have submitted a comparable-use determination and placed the county in a pretty tough situation if they were comparing it to a pharmacy, and the state statutes have already said they are comparable to a pharmacy. So what -- the other aspect of the question is either four votes for it or three votes to prohibit it, and we're trying to find where that sits within -- within our five commissioners. CHAIRMAN LoCASTRO: I feel very confident after today we're not going to be "nebulous," or whatever term you used, "uncertain." Commissioner Hall and then Commissioner McDaniel's on deck. COMMISSIONER HALL: So if we continue with this and go for the LDC amendment, that takes four, but by state statute, it says that a county can ban medical marijuana treatment centers dispensing from being located within the boundaries of that county. So I guess a question to the County Attorney. Can I make a -- can I make a motion -- can a motion be made to where we can ban dispensaries altogether so we don't have to go for an LDC amendment? MR. KLATZKOW: You can direct me to prepare and bring back for a public hearing an ordinance that would do that. You can ban it, but you ban it by ordinance. So I could have it to you at your next meeting. I would suggest if that's the route you're going to go that you continue Item 11A to be heard at the same meeting. CHAIRMAN LoCASTRO: Commissioner McDaniel. January 24, 2023 Page 39 COMMISSIONER McDANIEL: Yeah, somebody else got in front of me. CHAIRMAN LoCASTRO: Yeah, they did, but I knew you were next. Okay. Commissioner Saunders, sir. COMMISSIONER SAUNDERS: Okay. I just wanted to make it clear that the problem that we had with medical marijuana pharmacies, other than all the stuff that's associated with those types of pharmacies, the real stumbling block was that if you approved one, there was no limitation on the number that could be permanently in the county. So you could have one; you could have 100. And the state law was never clarified to give local governments the ability to say, okay, we're going to have one medical marijuana pharmacy at one particular location. I'm -- I'm of the opinion that we should end the discussion, not permit medical marijuana dispensaries, direct staff to do the ordinance to prohibit it. We can always -- at some point if there's some -- lightning strikes and the Commission decides to change that, we can also repeal that ordinance, but I think we need to put an end to this discussion, and I would support a motion to approve an ordinance to ban medical marijuana dispensaries. CHAIRMAN LoCASTRO: Yeah, I'm going to just jump in here a bit, and I would second that motion. And I want to be clear about a couple of things. You know, first off, being a veteran, I know a lot of military people that actually swear by medical marijuana. But we're not here to debate the medical, you know, uses and if it's effective and whatnot. The other thing, too, is we're sitting here say, medical marina dispensaries in Collier County, we actually have one. It's in my district. It's on Marco Island. So they are -- they are a municipality. Their City Council voted to have -- to have a dispensary. It's up and running. I visited it. I spent a half a day there to just see if it was January 24, 2023 Page 40 professional and if they had issues and what the, you know, pros and cons were. And the county has no jurisdiction over it, so I wasn't there to, you know, approve or give recommendation or anything, but just wanted to see one in action. I also have crossed the county line over -- you know, next county over to take a look at the dispensaries there, and they're there in big numbers. So one of the reasons why I second the motion of Commissioner Saunders is people that are getting benefit from it, they can drive to Marco Island and get it. Most people I know that use medical marijuana have it mailed to their homes. So the statement I would say is, do you know we have as many medical marijuana dispensaries in Collier County as we have Trader Joe's? And I know people that drive a really long distance to go to Trader Joe's to get $3 two-buck chuck. It's three-something now. So I don't think we're impeding the access to medical marijuana for the people that are authorized to use it. I just -- I agree with Commissioner Saunders, I just -- I don't have the appetite to pass something that would allow them to be looked at as -- similar to pharmacies. So I don't want to get out ahead of a motion, but just so we're sort of showing all of our cards here. I, obviously, want to give all the commissioners a chance to speak, and I want to hear what they have to say, but I'm pretty firm on this one, because I have one in my district. It's accessible. You can get it lots of different ways, or you could drive an extra few miles and take your pick of plenty of dispensaries in another county who was very, you know, supportive of having them. And, you know, I hope they're working out well for them. I just -- I don't -- I agree with my colleague. COMMISSIONER SAUNDERS: Mr. Chairman, just for clarification, I'll make that as a motion. CHAIRMAN LoCASTRO: And I do want to hear from the January 24, 2023 Page 41 other commissioners. One of the things Commissioner McDaniel had said to me is, you know, when we have a motion and second, ask for comment, and I do want to hear from everybody, so I think, you know, at least we know where we stand. Commissioner Kowal, you're next, and then, Commissioner McDaniel, you're on deck. COMMISSIONER KOWAL: Yeah, I think I was number four at one point. But I agree with Commissioner Hall and Commissioner Saunders. You know, we're brought here to make hard decisions. We're elected by the people to make these decisions. And kicking things down the road and altering our little zoning and comparability statutes is not making a decision, and I think today's the day, and I think it pretty much shows up here to the people that we're not afraid to make a decision, and I agree that I would third that motion, and let's get some language that we can work with to put this to bed. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And setting aside my personal feelings -- my personal feelings are they're not the evil that's been put out. The other side is, as Commissioner LoCastro said, we're not denying folks the access to be able to get medical cannabis if they feel that's a better treatment for whatever ailment that they particularly have. I brought the item forward, well, multiple times. The last time, predominantly, because of our -- my perception is we're outside the Constitution. We have never banned them nor have we allowed them per the statute that was created. So from a constitutional standpoint, I'd support the ban just to get us past the -- that aspect of it. Again, setting my personal opinions aside, let's get on with it. CHAIRMAN LoCASTRO: Okay. We have public comment, Mr. Miller? January 24, 2023 Page 42 MR. MILLER: Mr. Chairman, we have one registered speaker for this item, Diane VanParys. MS. VanPARYS: Diane VanParys, wearing multiple hats. We have a group called Preserve Paradise. It's made of a number of people. And I really appreciate that we're going to move forward and, as some of you have said, not kick the can down the road. But what I wanted to just give you is some of the facts in terms of Collier County. First of all, we have no problem with anybody obtaining medical marijuana for any of their uses that they want it and, as you have said, delivery by email -- delivery within 24 hours of ordering it. We have 52 doctors here in Collier County that will issue you a card. I want to comment. A card is not a prescription -- and it's a dispensary. So the card allows you to go in and pick as much THC as you want. There's no limit. If you were on -- if you get oxycodone because you had a hip replacement, you get a three-day allowance of oxycodone, and then you have to get another script to be brought to the pharmacy, because it's a controlled substance, so you cannot get it without a script. So there's no card. That's number one. Number two, the cost to get the card is really substantial. It's $150 to see the doctor, then it's $150 to get the card from the doctor, so that's $300, and then you pay a $75 state fee for the card every seven months. So that's your out-of-pocket. And when I actually called to apply for the card, you know, get all the lay of the land, I was told -- I said, well, I have a lot of stress, you know, I'm a big volunteer in the community. And she said, well, anything else? I said, oh, I have a lot of anxiety. Perfect. You can get a card with stress and anxiety. January 24, 2023 Page 43 And we have members that have gone and gotten the card because they paid the money, but besides that they -- there is absolutely no medical take of your conditions or anything. And the doctors go through a two-hour program to do it. So we have over 32,000 cards issued in Collier County, we have 800,000 issued in the state of Florida, and that represents less than 4 percent of our population. In 2022, the first six months, it was a billion dollars of medical marijuana sold. I'm not disputing it. I'm just showing you there's ads. Anyone can get it. And I do appreciate that we are going to take the ban. So thank you very much. CHAIRMAN LoCASTRO: So, County Manager or County Attorney, as I read 11A, it's basically asking us to recommend to hear the Land Development Code, but we're sort of superseding that with a totally different motion that we're not even letting it go to this. I just want to make sure we have the verbiage correctly of what the motion is that Commissioner Saunders made that I second, and it sounds like when we have unanimous, but we're voting on exactly -- let's get the wording specific on exactly what as far as the wording. MR. KLATZKOW: You are voting for an ordinance banning dispensaries to come back to the Board at your next meeting. My suggestion is that you continue 11A to then in case there's a change of heart. But you could also just dispose of it if you want. COMMISSIONER SAUNDERS: No, I disagree with you. CHAIRMAN LoCASTRO: We're making a command decision right now. COMMISSIONER SAUNDERS: I don't want to continue that. It just puts out in the public that we're still considering it. CHAIRMAN LoCASTRO: Right. COMMISSIONER SAUNDERS: The motion is to direct staff January 24, 2023 Page 44 to come back with an ordinance banning medical marijuana dispensaries in Collier County. CHAIRMAN LoCASTRO: And I second. Okay. We have a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. (Applause.) CHAIRMAN LoCASTRO: Okay. Should we go to our 10:00 time-certain? MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: Army Corps. Item #5A PRESENTATION FROM THE U.S. ARMY CORPS OF ENGINEERS ON THE COUNTY COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY – PRESENTED MS. PATTERSON: Yes, sir. Our 10:00 time-certain is Item 5A. It's a presentation from the U.S. Army Corps of Engineers on the county Coastal Storm Risk Management Feasibility Study. COLONEL HALLBERG: Good morning, Commissioners. I'm Colonel Brian Hallberg. I'm the district commander for the Norfolk district of the Army Corps of Engineers. We're responsible for leading the study in partnership with the South Atlanta division in January 24, 2023 Page 45 a partnership with Jacksonville district. So why we're here today is to gain the Board's approval to proceed with this Coastal Storm Risk Management Study, and we want to do this in partnership. And, you know, what does partnership mean to the Army Corps? It's following -- the principles of the three C's, which is communication, collaboration, and commitment, right? So communication to us is that we are open and transparent and that we get shared understanding, and that's the purpose of this presentation we're going to do is to give shared understanding to all and solicit feedback. And when it comes to collaboration, we want to work with the county, we want to work with the localities, work with the people of Collier County to come up with an alternative that is acceptable to all. And my commitment as the leader of this organization is that we live up to these principles and that we work with the county to come up with that alternative. So I'm going to turn over to Michelle Hamor, who's going to do the presentation. MS. HAMOR: Thank you, sir, and good morning. The purpose of this meeting today is we request the concurrence from the Board of Commissioners to reinitiate the Collier County Coastal Storm Risk Management Feasibility Study. The purpose is to evaluate coastal storm risk and recommend a plan that would manage risk by reducing storm-related economic damage and improving resiliency in Collier County. The goals unique to the study reinitiation include reengaging Collier County community to address agency, stakeholder, and public comments and concerns from the first iteration of the study, reformulate the 2021 recommended plan using updated information and lessons learned, and increase public coordination to promote January 24, 2023 Page 46 community awareness. Just a little bit of history about where we are. The study, as you may recall, began in October 2018 with the signing of the feasibility cost share agreement. Now, this study was initiated as part of emergency supplemental -- I'm sorry, the Bipartisan Budget Act of 2018, and this was in response to Hurricanes Harvey, Irma, and Maria. And our guidance says that we will look, to the extent practicable, to complete a feasibility study in three years and three million dollars. And in the context of an emergency supplemental, that's even more so, right? We want to get in there, look what the risks are, and see if we can recommend a plan. And so the team leaned forward to look at the risk within Collier County. In spring of 2020, we conducted a tentatively selected plan which identifies a plan, and then shortly thereafter in the summer of 2020 we published a draft report which was available for public comment. As we were moving towards the final report, we conducted another agency decision milestone, which is an opportunity. Each of our milestones is an opportunity for the county to share support and to continue to move forward. We were working on the final report which would also have been released for public review but, unfortunately, at the time our environmental compliance E policy exception that we had submitted earlier in the study was declined and so, unfortunately, our feasibility study terminated without the published -- without publishing a final plan. I'll just mention that as we were leaning forward on that three year, we were asking to push our environmental compliance into preconstruction, engineering, and design. When we conduct our feasibility studies, we have about a 10 percent level design. And as I will share in the recommended plan later, we were talking about January 24, 2023 Page 47 some structures that were new in Southwest Florida. And so it's difficult -- it's understandably difficult for resource agencies to say that we're in compliance based on that level of design. So we had agreed to push everything into PED. But as we got the answer to that exception request, it was denied, and so our study expired at that time. We coordinated with Collier County and asked did you want to continue -- you know, should we go back and relook at the recommended plan. And, in agreement, we submitted the exemption for additional time and funding. In August of 2022 that extension was approved. As you know, of course, Hurricane Ian fell in that time frame and certainly, I think, reminded us of the vulnerability within Collier County. But we are here today. At the time when the exemption was approved, that we were ready to get ready on the start -- get started on the study, but I understand that there was an election, and there were two new commissioners, and we wanted to -- we were asked to wait until the new commissioners were installed so that they could be involved in this three-year study. When we start with this, reinitiate this three-year study formally, we will go back out to the public, we will get public comment, and then we will reformulate the plan based on the plan that maximizes that net benefit. That is our goal. When we look at recommending a plan for the American taxpayer to fund, we look at the plan that maximizes the net benefit. And it's understandable that that may not also be the plan that the county would want to follow. So we can certainly talk about a locally preferred plan. But, moving forward, we were approved for three years and $2.97 million, and our goal will be to complete the study in 2025. This is just a review, again, of those dates, and we did not get the exemption compliance, and our feasibility study expired in 2021, January 24, 2023 Page 48 and we received permission for the additional time and money in August of 2022. So the purpose of the study is an interim response to Section 4033 of a Water Resources Development Act of 2007, and the purpose is to formulate and evaluate various alternatives aimed at reducing damage and erosion caused by coastal storms and recommend a plan for congressional authorization. So when we complete our study, we will be completing a Chief's Report, and that will be reviewed by Congress and eventually, if approved, end up in a Water Resources Development Act. The study is 100 percent federally funded. It was previously 100 percent federally funded for 3 million and, again, it will be so for 2.97 million, for a total cost of 5.97 million. And, again, we are looking to complete the study in August of 2025. Just a real quick review of the recommended plan. It included nonstructural and structural measures and beach and berm. I'll just note that the beach and berm identified in the recommended plan were there in support of the structural measures. So we looked at surge barriers, Wiggins Pass and Doctors Pass, but that would have been supported by dunes and berms that were adjoining it adjacent to those structures. So when we go back and reinitiate the study, we'll look at different levels for the dunes and the berms. We did look at four flood walls, the two surge barrier systems, and two jetties at Wiggins Pass, and then we also looked at nonstructural measures in our Planning Areas 2, 4, and 6 on the screen. Those are highlighted in green. And, again, as we reinitiate the study, we'll go back and look at all of these planning areas again. In the recommended plan, we included a number of beaches. There were some beaches that did not make the recommended plan based on benefits. We'll go back and look at the beaches within our Planning Areas 1 through 4. I will note that our guidance requires January 24, 2023 Page 49 that any beach that is included for federal nourishment does require beach access, so we were not able to nourish any private beaches. Something that's important is there was concern last time about communication, and we will have a much greater outreach plan this time. There was concern about the structural measures and their environmental impacts, and I will just mention again that the recommended plan will be reevaluated and reformulated based on updated information. Again, we will reevaluate the beaches in this study, and the final report will include draft report agency -- the draft -- approved comments from the draft report. When we were working through the original feasibility study, our process is that responses to comments -- because planning is an iterative process, and sometimes the final answer is not until the end, we were not able to provide those responses because we were not able to publish the final report. Moving forward, we will certainly acknowledge comments that we receive, and then as we are able to, we will get responses out, and then we will make sure that we have increased public coordination so they can be involved in the study. This is just a tentative time frame moving forward. When we were approved for that additional 2.97 million and the three years, that started our clock. So we have three years from August 2nd of 2022. We would like to begin to start planning for and scheduling the plan formation charrette, definitely getting back out to the public in a virtual sense and also in person, and then we can start to conduct our NEPA scoping. Right now we are scheduled for a tentatively selected plan, a milestone in October 2023 and, again, that is a decision point. That's an opportunity to confirm Collier County's support of the plan moving forward, and then we would look towards publishing a draft report in December of this year. January 24, 2023 Page 50 An agency decision milestone would be spring of next year, and then we would look at the release of a public final report in February of 2025. So currently we are conducting coordination meetings with Collier County. We have briefings scheduled for Naples, I believe. Unfortunately, January 3rd has been pushed. Both the City of Naples and the City of Marco Island will be conducted in February. That's to re-establish that coordination, and certainly that coordination would be more broad. Continue to have environmental interagency meetings. We cannot be successful -- we need to get to environmental compliance to be successful when we complete our report, and so we need to make sure that we are in sync with the resource agencies to make sure that that happens. Again, scheduling a virtual public meeting in April of this year, and then looking to conduct a plan formation charrette with stakeholders in the April time frame as well. In addition, we are looking at developing an interactive story map. This will allow citizens to place comments on the map in a specific location, and we'll also note a number of other ways that citizens can provide comments on this feasibility study. I did want to note that we are also supporting Jacksonville district on the Miami-Dade Back-Bay CSRM, and that coordination and -- coordination with BBSEER and the Central and South Florida Flood Resiliency Study are opportunities to learn, and so anything that's gleaned from any of those studies will certainly be employed in this CSRM study as well. There are a number of ways to provide public comment on this study if it's approved to formally move forward. We have an email address and a public website, also have an address for standard letters, and then there's a phone number as well available for comments. January 24, 2023 Page 51 And I'll pause pending any questions. CHAIRMAN LoCASTRO: I wanted to make some openings comments, and then Commissioner McDaniel's lit up. First, Colonel, thanks for your service. You have Commissioner Hall here who wore the Army uniform. I'm a retired Air Force colonel. We feel your pain. I'm glad you're up on the front lines doing this. Spoken like a true Army colonel, communication, collaboration, commitment. That's fresh out of the Pentagon PowerPoint briefing, so I'm having flashbacks. But having said that, I wanted to just make a few comments to maybe sort of package this presentation. First of all, you all did a -- have done a great job this entire time. Some lessons learned on communication and whatnot, and that's always the case. But, you know, I want to really be strong when I come out and say, you know, as a former military base commander at several bases, you beg for the Army Corps to come to your base. I had the Army Corps do so many studies at Eglin Air Force Base, at the Air Force Academy. They're in high demand. When they come to your town, you roll out the red carpet because they are about to do an analysis that is going to give you unbelievable value information. But the reality is, it is an analysis. And even though you used the word "plan," but then -- like you said a little bit later, you said a plan that then we will decide if we implement. You know, folks that were confused in the beginning, I think, got scared by seeing this big PowerPoint briefing with all these details. And, you know, I know when I spoke to my constituents, I said, oh, when the Army Corps comes to town, they give you a very thick final document because they leave no stone unturned. Everything in there -- maybe everything in there isn't something we're going to implement. We decide that. It doesn't come with funding. It's not January 24, 2023 Page 52 mandated. It's not directed. They're not coming in here and saying you will do this in your county. They're giving you analysis. They're giving you expert opinion. They're hearing what we're concerned about. And then some of the things in the report are going to be, wow, if money was no object, here's something that you might want to do, and then we look at it and go, well, we don't want to build a 50-foot concrete wall but, boy, the big take-away that they've identified for us is that area of community is very vulnerable. So maybe the wall is not realistic, but, boy, they just put that community on the radar for us, so we have to maybe do something. We can do anything, but we can't do everything. They're going to give us a report that shows if you wanted to do everything, here's what it would be. And I'll end it by saying, anything that we decide to take from this recommended analysis will have so much public comment. Nobody up here is deciding instantaneously or even at all before massive amounts of discussion and public comment, oh, we're going to check off all these Army things. You know, County Manager, fund it, start construction tomorrow. That doesn't happen. But I can't stress this enough, their expertise, for us, is so invaluable. We should never sort of stiff arm them or -- you know, maybe we critiqued a few things -- and I really liked the improvements that I see in here. But, you know, I've been the beneficiary, when I wore the uniform, of the Army Corps coming in on my base and making an analysis on stuff that nobody on my base had the expertise. You know, we all had, like, really great ideas, but when the Army Corps leaves and says, okay, three of your ideas were awesome, but here's how you would adjust it, the other 11 that you were about to spend that money on you don't want to do, we shake their hands, we, you know, pat them on the back, give them a big salute. January 24, 2023 Page 53 I mean, this is -- having them here -- there are so many counties that are begging for the Army Corps. They've been here how long? We almost chased them away, arguably, somebody might say. So thanks for getting the extension. I mean, a $6 million investment and analysis, that study, we'd be fools if we didn't, you know, read every single word of it and then figure out what is feasible, and that's what we're going to do. But it's not a plan. It's not mandated. We're not moving forward on something. What we're going to do is take their expert analysis, and we're going to digest it here and then see what has merit and some of the things that have merit to do that maybe just aren't affordable right now still shine a light on areas of our community that their expertise have shown us is vulnerable, and if money was no object, maybe they would recommend doing A, B, and C. We may not be able to do anything, or we might do a version of C, but the analysis is so important. And I thank you for what you're doing for us, and we look forward to the final study but staying in step with you every step of the way and then making sure none of us sort of step over ourselves on public communication because, in the end, we do want to hear from the public, and they are part of the process. This isn't just a conversation between us and then we start building stuff. Commissioner McDaniel. COMMISSIONER McDANIEL: And that's a perfect segue into my first statement, and that is, this was brought to us under a presentation without public comment, and I have a little bit of concern about your initial -- both you and the colonel's suggested that you're looking for concurrence requests from this board, and I have concerns about offering that without the public being engaged from a voting standpoint, so somebody want to say -- here comes Trinity. MS. SCOTT: Good morning, Commissioners. Trinity Scott, January 24, 2023 Page 54 department head for Transportation Management Services. Our intention is to allow the Corps to do this presentation today as well as go do an initial briefing with our municipal partners as well, and then we would bring back an action item for the Board to provide that letter of concurrence. COMMISSIONER McDANIEL: You could have let her said that. So you know, I pretty much am aware of what I'm asking for and why I'm asking it. So I wanted to hear that from you or from our staff just to let the watching public know that we're not doing anything nefarious and that we are -- this is going to be a public event, number one. I concur also with Commissioner LoCastro with regard to the benefit of having the Corps here, of doing the study, of receiving the data and analysis that are requisite for our community and the betterment and the safety of the -- certainly on the structural side. I will say -- and I don't know -- did everybody see the presentation? Did all five of us -- CHAIRMAN LoCASTRO: Yep. COMMISSIONER McDANIEL: Okay. And, again, the showstopper on the previous study was that berm from Pelican Bay down to Marco Island. We did learn a lot more after Irma came through of where our weaknesses, in fact, are. And I know -- I think we spoke when I was watching the presentation. And I shared my concerns then, I'm sharing them again for the public to hear, that that's a showstopper for me. Now, addressing other vulnerable locales that we have along our coastline -- and, again, every storm's different. The surge is going to be higher or lower. The wind's going to be coming at a different time, so on and so forth, so -- but having the data and analysis for our beach resiliency, for our dunes restructuring, for what we can do for January 24, 2023 Page 55 the protection of our coastline, invaluable, so -- And then, last, I want to hear from you. When the final report -- assuming this goes forward and we vote on it and we do our thing, when the final report comes, is it going to be similar to before where we can pick and choose throughout the recommendations that the Corps says that we should give consideration to, can we -- are we going to be able to choose as we were on that last study? MS. HAMOR: So great question, and similar to the question for Commissioner LoCastro. I'll just mention a couple things. So we are not successful unless we have county support. If we recommend a plan that does not have county support, then we cannot complete a final study. So if there -- as we are moving through, if there are items that the county does not support, then we can start talking about what's called a locally preferred plan and, in general, that's usually, like, a subset of a recommended plan. Maybe the community doesn't have the funds to support the broader plan but can do some small subset of that. So that's an opportunity. We can talk about locally preferred plan. We'll continue to formulate for the recommended plan, but then we can talk about the locally preferred plan, which are those options. So the other thing, too, is as we go through and we have county support and we complete to a final Chief's Report, nothing requires the county to move forward until we sign what's called a Project Partnership Agreement. So as we're moving through the study, if we have support at the time and then the county does want to move forward with design, then we sign that Project Partnership Agreement. So that's another -- kind of a gate you go through. So right now we're just evaluating the risk, we're recommending a plan, and we're coordinating, and then, again, that locally preferred plan January 24, 2023 Page 56 could be another option. And then -- COMMISSIONER McDANIEL: I wasn't suggesting we go that route, just so you know. I mean, I know that's an alternative. My question specifically was, we get public support. I'm assuming we're going to. We go forward with the study. When the final report comes out, are we going to be relegated to accepting everything in the report or nothing, or can we pick and choose? Because that was my understanding before, there were things within that final -- or to-be-final report that were more conducive for the protection and what our belief systems are with our community. So will that be similar with that? MS. HAMOR: So I think that would be more towards the locally preferred plan. Like, we want to identify those early, and so when we get to a final report, we've identified what the community does want to implement. COMMISSIONER McDANIEL: Right. And we talked about when the presentation was made, and some of these things are going to organically drop out just because of their cost infeasibility. I don't want to jump to the locally preferred report at this particular stage, because I share with Commissioner LoCastro, we want to receive as much benefit and knowledge and data from the Corps that we can possibly get for our community. MS. HAMOR: Absolutely. COMMISSIONER McDANIEL: So thank you. CHAIRMAN LoCASTRO: Commissioner Saunders, you were sort of reaching for your button, sir. COMMISSIONER SAUNDERS: Yeah. I think it was clarified. I just wanted to make sure at the end of the day when this final report comes out, the maximum benefit plan that the Corps prepares, that we then pick and choose and, apparently, we can develop the locally preferred plan after you complete this plan. January 24, 2023 Page 57 MS. HAMOR: In general -- COMMISSIONER SAUNDERS: Or towards the end of it. MS. HAMOR: We can identify -- anytime we're going through a feasibility study, we can identify it. But if it's something that is being leaned on earlier or anticipated early, it's probably more efficient to start that analysis earlier than later. COMMISSIONER SAUNDERS: Okay. We're never that concerned about total efficiency. I probably shouldn't say that; it's government. But just for clarification then, you're going to engage in the -- in the maximum benefit plan, that's where you're going to start. At some point in time there may be something in that proposal before you finalize the plan that we absolutely don't want you to go forward on, and we can tell you that, and you would avoid that. On the other hand, we can wait until you complete your study, do the whole thing, and then after your study is completed, we can still go back and say, okay, this is the -- these are the subparts that we want to do. We don't want to do the big plan. I'm just thinking in terms of timing. I know it's more efficient to make those decisions earlier on, but if we don't make those decisions earlier on, we can still make them later? MS. HAMOR: I would also mention that it's more complicated to do it after we've completed the study. So if -- again, if we're going through the feasibility study and there's a leaning towards something else, then it should be identified earlier so that we can make sure that when we get to that final study that we've identified what that is so that we're all targeted on what the plan is. COMMISSIONER SAUNDERS: Okay. I appreciate that. CHAIRMAN LoCASTRO: I'm going to poorly summarize what you're saying just for clarity. But one of the reasons why we ensure we have such great communication with you-all is to catch those things earlier, not just because we disagree with them, but we January 24, 2023 Page 58 don't want you guys wasting time and money on something. Some of it is a bigtime efficiency. This isn't really the right term, but in the end when we do get a plan -- and maybe it's a little softer than a line-item veto, but the Army Corps doesn't make you do anything. Number one, because they don't come with a checkbook. So even if we get this incredible study and we missed one or two things early on that maybe we would have killed but we didn't fully see it enough or whatever, they're not here to demand that we do anything, but we want to be as efficient as possible, and that's why we want to keep communication with you so you don't go down these rabbit trails and, you know, snuff something out that's a big part of the major report and we dismiss it at the end. It was, like, wow, it would have been nice to know that this was something that wasn't going to have legs, it didn't have much acceleration, and you could have saved us a lot of time and money. And so that's what I know that our county staff will do. I'll also go on record saying that if this was the Air Force Corps of Engineers, this study would be amazing, but there is no Air Force Corps of Engineers because the Army does this so well. But having said that -- oh, Commissioner Kowal's lit up. Sir? COMMISSIONER KOWAL: Thank you. Yeah, I just -- just for clarity -- and I understand what Commissioner Saunders was going at there, you know, with the -- it would be nice to have you guys do your job and do the full study and then we come back and have this as something in our toolbox to use later on, you know, because you can never have enough tools, especially when you need one, a special one. And we have the opportunity to cherry-pick things that we think fit our community and then apply those to our community. But it doesn't sound like that's going to be the avenue we're taking with this. It sounds like at some point in the process we already have to have a January 24, 2023 Page 59 plan of what we're willing to use or not use so you can finish and then finally give us a report of what you recommend for the things we use or don't use. Does that sound about right? MS. HAMOR: So the final report goes for congressional authorization. When we get to a Chief's Report, it gets coordinated with Congress. It ends up in a WRDA bill. So that -- once it's authorized, then we can go into design and construction. And, Commissioner LoCastro, we come with -- when Congress provides it. CHAIRMAN LoCASTRO: Approves it, yeah, right. MS. HAMOR: When Congress provides it, our cost share for design and construction is 65/35. CHAIRMAN LoCASTRO: That's why we really want -- we have to have the report, because if you dismiss it and say, ah, we think you're going the wrong direction, we're not interested -- which we were sort of sending that vibe a little bit from different avenues -- without the report we can't consider anything. We can't chase the money. We can't, you know, do any of that. So, I mean, we've got to get, you know, the final report. COMMISSIONER KOWAL: What I'm trying to say is it sounds like we have to have -- we have to agree on something before they go to Congress, before Congress -- CHAIRMAN LoCASTRO: Right. COMMISSIONER KOWAL: -- absolutely implements it. COMMISSIONER McDANIEL: We will. COMMISSIONER KOWAL: And that's all I'm trying to get across is that communication is going to be the utmost between you and the staff and keeping us abreast of what direction we're going so we can come to that conclusion when the time does come to pick and choose what we think is more important or not important. So, you know, I stress that I think that is the most important thing here is the January 24, 2023 Page 60 communication between us and you. MS. HAMOR: Absolutely. And I would just say, our study is not successful without our nonfederal sponsor. So, again, it's not our study. It's our study together. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Just real briefly. So the Corps of Engineers is going to give us the smart thing to do, and then there's the public that's publicly palatable, so it will be our job and the communication's job to manage the public palatability -- is that a word, palatability? CHAIRMAN LoCASTRO: Palatable. COMMISSIONER HALL: -- and the smart thing, so I think we're on the right track. CHAIRMAN LoCASTRO: And when it does go to Congress, as what is being said here, is we have a better chance of getting their support if they know we are strongly behind what's in there. We're fighting for the funding and the matching funds, or however the percentage works out, and so -- but we will get to that. Okay. I think we've sort of squeezed all the juice out of this orange. This isn't something we're voting on or anything; it's just a presentation. MS. PATTERSON: That's correct. CHAIRMAN LoCASTRO: So unless anybody's got any questions, this is a good time for a break, unless -- anything else to add? COMMISSIONER SAUNDERS: Just to thank you. CHAIRMAN LoCASTRO: Thank you. Okay. We'll take a 15-minute -- or we will come back here at 10:50 -- I'm sorry -- 10:45. (A brief recess was had from 10:33 a.m. to 10:45 a.m.) MS. PATTERSON: Chair, you have a live mic. January 24, 2023 Page 61 CHAIRMAN LoCASTRO: County Manager, lead us. Item #11B EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDS IN A NOT-TO-EXCEED AMOUNT OF $24,000,000 FOR THE CONSTRUCTION OF AN EMERGENCY BERM NECESSARY FOR PROTECTION OF UPLAND STRUCTURES LEFT VULNERABLE BY HURRICANE IAN, AUTHORIZE THE NECESSARY BUDGET AMENDMENT, AUTHORIZE THE BOARD TO DELEGATE AUTHORITY TO THE COUNTY MANAGER TO EXECUTE A CONTRACT(S) FOR THE CONSTRUCTION OF THE EMERGENCY BERM, SUBJECT TO BEING LATER RATIFIED BY THE BOARD AT ITS NEXT REGULAR MEETING, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM. (ANDREW MILLER, P.E., MANAGER, COASTAL ZONE MANAGEMENT) (ALL DISTRICTS) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Item 11B is a recommendation to approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24 million for the construction of an emergency berm necessary for protection of upland structure left vulnerable by Hurricane Ian, authorize the necessary budget amendment, authorize the Board to delegate authority to the County Manager to execute a contract or contracts for the construction of the emergency berm subject to being ratified by the Board at its next regular meeting, and make a finding that this expenditure promotes tourism. Mr. Andrew Miller is here to present and/or answer questions. January 24, 2023 Page 62 MR. ANDREW MILLER: Thank you very much. Good morning, Commissioners. Andy Miller, Collier County Coastal Zone manager. I have a short presentation, and we have a lot of work to do in a very short period of time. So what I'm going to tell you about is our 2023 emergency berm project, which you are probably, hopefully, familiar with. We were struck by a fairly significant hurricane in September of 2028 [sic], as you all know. And we cleaned the beaches, we surveyed the beaches to determine what kind of losses we incurred. We traveled the beaches with FEMA, FDEP, and the Army Corps, and all three agencies were very impressed with the amount of losses we incurred, and so we put -- this is just a few pictures of some of the destruction of the dunes here. And we've been working with FEMA since pretty much day one. And FEMA's policy guide and the portion of the text you're looking at here shows and talks about the eligibility of rebuilding the berms or building berms in place of the old berms as being eligible for FEMA contribution. The kicker is we need to get the work done. They want it done in six months after the event, and this is what we're setting out to do here. We surveyed the beaches. We're in the process of finishing up the design packages to put on the street for bids. And then the item will allow you to designate the authority to the County Manager to execute contracts in lieu of, you know, going through three boards and the time it takes to go through that process. We'll come back with those contracts to allow the Board to ratify them but, in the meantime, we'd like to get these trucks rolling and the sand on the beach. And you remember in December of -- last month, we had a recommendation that you had certified a public -- valid public January 24, 2023 Page 63 emergency to allow our consultant to start the design surveying and to prepare the bid packages. And in this very short period of time, he has already -- or their team has already put together some pretty solid numbers as to the losses in our dunes, and you can see in the column that has the highlighted total, the eligible reimbursable volume from FEMA is already up to 387,000-plus yards. And this is just a map of, basically, all the county beaches that are eligible and, in short, eligible beaches are beaches that have structures, whether they be residential or commercial, but anything with a structure behind it is eligible for reimbursement. So you've got Barefoot Beach from Bonita Beach Road all the way down to probably midway through -- midway down to Wiggins Pass. And we've got Vanderbilt Beach from Delnor-Wiggins State Park down to close to the Ritz, and then Pelican Bay also has structures behind it. So we have plans to put the emergency berm all the way down to where the structures end on Pelican Bay. We jump over to Parkshore Beach, and we go from, basically, Clam Pass Park all the way down to Doctors Pass. We pick up again on Naples Beach and start from Doctors Pass and go all the way down to Gordon Pass, and then we jump over to Marco Island, and we do Hideaway Beach and Marco Island Beach. And the recommendation is to approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24 million for the construction of an emergency berm necessary for the protection of upland structures left vulnerable by Hurricane Ian, authorize the necessary budget amendment, and make a finding that this expenditure promotes tourism. And my recommendation is an incorrect version. It should also ask for an authorization to designate the authority to the County Manager to approve the contracts. No, I'm sorry, that is the correct version that was passed by the TDC yesterday, so it didn't include the January 24, 2023 Page 64 authorization. Here is the correct language. The recommendation is to approve the expenditure of Tourist Development Tax funds in a not-to-exceed amount of $24 million for the construction of an emergency berm necessary for the protection of upland structures left vulnerable by Hurricane Ian, authorize the necessary budget amendment, authorize the Board to delegate the authority to the County Manager to execute a contract/contracts for the construction of the emergency berm subject to later being ratified by the Board at its next regular meeting, and make a finding that this expenditure promotes tourism. Any questions are welcomed. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I do have a question. We received an email from Judith Hushon. I want to read it, because it's got a couple of questions in it, and just to get your comment. It says, question needs to be asked concerning the $24 million from FEMA. Will this money mean that the City of Naples and Pelican Bay cannot limit their beach parking to residents? And then the comment is, we can't take this action without consulting the City of Naples' Council with Pelican Bay Foundation. So does this in some way restrict what the City of Naples and Pelican Bay do with their parking? MR. ANDREW MILLER: No, the eligibility is not associated with access. COMMISSIONER SAUNDERS: And has there been consultation with the City of Naples? MR. ANDREW MILLER: Absolutely. On a weekly basis, yes. COMMISSIONER SAUNDERS: Okay, thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you. What's the January 24, 2023 Page 65 size, shape, and color of the emergency berm? MR. ANDREW MILLER: If you can picture Elevation 6, the preexisting dunes were probably average elevation 6.0; that's NAVD. They're probably now at Elevation 3 and-a-half to 4, because they're just gone, along with the vegetation that was there. So we were looking at a trapezoidal flattop -- or flattop berm probably 20 to 30 feet wide at the top, and then 6-1 down slopes, you're talking about a knee-high berm essentially. COMMISSIONER McDANIEL: About three feet? MR. ANDREW MILLER: Yeah. COMMISSIONER McDANIEL: Okay. But a pretty big one? MR. ANDREW MILLER: Pretty substantial. Six cubic yards per lineal foot on average, which is quite a bit of sand. COMMISSIONER McDANIEL: That price includes that sand component. What happens if we don't complete the job within the six months? Are we -- are we then subject to not being ready to be refunded by the FEMA, or reimbursed? MR. ANDREW MILLER: And that's a great question, and we've obviously been concerned about that from the start because six months is a very short period of time to do a project of this size, especially going through the regular process. So we've been told, at least unofficially -- we don't have anything in writing -- that if the county is showing a good-faith effort, we've got trucks rolling, we're building on the beach, we can request an extension from FDEM, the state itself. They'll process that through FEMA, and that the chances are probably pretty good that they'll grant us the extension. COMMISSIONER McDANIEL: And then just on that note, we also have to be careful about our construction with regard to the sea turtle nesting period. When does that coincide with that January 24, 2023 Page 66 construction project? MR. ANDREW MILLER: That's May 1st. Our initial deadline is March 29th, and we hope to make some pretty serious progress by March 29th. But we have at least another month to complete the project before turtle season. And there are avenues to do work in turtle season. It's just more complicated, more expensive. COMMISSIONER McDANIEL: Okay. Well, I'll make a motion for approval as is recommended in this last executive summary, and then I have a comment, if you'll call on me again after we vote, or before we vote. CHAIRMAN LoCASTRO: I have a motion to approve. Do I have a second? COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. Motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: All opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Just as -- and this is a point -- I was at the TDC yesterday, and we also approved an agenda item for -- and those of us who were here last year -- on the Tigertail restoration and the thing they called the sand trap and all that sort of thing. I would like just to say out loud that it's imperative for us as a January 24, 2023 Page 67 community to enhance our permitting and our requisites for what we're doing with continuous beach renourishment on an ongoing basis. That project at Tigertail was approved for 60,000 cubic yards at $10.84 a yard, placed, and that came out of a sand -- or a sand source that was permitted by the DEP. It took several years to get effectuated, so on and so forth. But this project at $60 a yard in place compared to $11 a yard in place is math that I can even do. So we have a necessity to protect our beaches, to protect our structures, to protect our community at large. And I want it -- I want to go on record as having said, I want it to be on a continuing basis. I don't want to have $64 million stacked up in the TDC's emergency fund to be able to pay for something like this that's five and six times more expensive. MR. ANDREW MILLER: Point well taken, sir. CHAIRMAN LoCASTRO: Yeah. I'll just say that, obviously, Tigertail's in my district. I spent a lot of time working with those folks and, unfortunately, the price of sand and other things is causing a project that looked like it was going to be this expensive to now be this expensive. But having said that, you know, I don't even call this an expense. I call this an investment. And if we, you know, sort of do these things sort of half speed and then, you know, get hit with another disaster, it exponentially gets worse, and you can't catch up. Then you really fall behind. I have a totally different question, only because you're the expert sitting right here, and it was an email that I had forwarded to the County Manager. I'm getting a lot of emails from some people that are taking their jet skis out to those old dome houses that, of course, collapsed during Ian. And this is my district, and people are very concerned that folks that aren't familiar with that area, depending on tide, they're just under the water or sometimes just sticking above and January 24, 2023 Page 68 a huge safety issue. I think Dan or maybe Amy replied back to me and said, oh, you know, those were turned over to the state, and, you know, a lot of that predates me. You might not have an answer here, but quite a few citizens sent me notes and said, is the county, is the state, anybody going to do anything to maybe mark that area so somebody doesn't hit one of those just below the surface domes or, you know, remove them or what have you? So there's not an answer today and -- but, just -- there's an email sitting in several in-boxes, and that one is very important because I could see that somebody that rents a jet ski and doesn't know anything and is going full speed, and those domes are two inches below the water line and it's a cloudy water day, they will hit those things. And so many people are visiting that area anyway to sort of catch the last glimpse of those dome houses before they sort of implode a little more. There's a lot of activity out there, and sources have come to me saying some of it's very unsafe, and there's no markers, signage, anything, and it's pretty recent. It was Ian but, you know, now we're deep, you know, past Ian. So just -- Trinity, if you had a brief comment -- I don't want to prolong things, but I just -- you know, we had the experts up here that will also work that. MS. SCOTT: Really quick, sir. It's waters of the state, but we'll be more than happy -- we'll coordinate with the state and let them know of the navigational concern and see if they can get out there and -- CHAIRMAN LoCASTRO: You'll see all that email, and then somebody even sent me some high-quality photos because somebody might not be aware of it, you know. MS. SCOTT: Thank you. January 24, 2023 Page 69 COMMISSIONER McDANIEL: Wrap some tape around it. CHAIRMAN LoCASTRO: Okay, thank you. So we -- we didn't do a motion to approve this one, or did we? COMMISSIONER McDANIEL: We did. CHAIRMAN LoCASTRO: We did? Okay. Oh, and then I got off on a tangent, and then you made a comment. So, County Manager, next? Item #11C FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) BEAUTIFICATION GRANT, LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT IN WHICH COLLIER COUNTY WILL BE REIMBURSED UP TO $100,000 FOR MEDIAN IRRIGATION AND LANDSCAPING IMPROVEMENTS ON US 41 (STATE ROAD 45/ STATE ROAD 90), LEE COUNTY LINE TO VANDERBILT BEACH ROAD, AUTHORIZE THE CHAIRMAN TO SIGN AND EXECUTE THE AGREEMENT AND RELATED DOCUMENTS, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, AND ALLOW PROJECT ACTIVITY. (DISTRICT 2) (COMMISSIONER MCDANIEL’S REQUEST) – MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: We are at Item 11C, formerly 16A7. This is a recommendation to approve and execute a Florida Department of Transportation Beautification Grant, Landscape Maintenance Memorandum of Agreement with FDOT in which Collier County will be reimbursed up to $100,000 for median irrigation and landscaping improvements on U.S. 41, State Road 45/State Road 90, January 24, 2023 Page 70 Lee County Line, to Vanderbilt Beach Road, authorize the Chairman to sign and execute the agreement and related documents, authorize the necessary budget amendments, and allow project activity. Mr. Ed Finn is here to answer questions. This item was pulled from the consent agenda by Commissioner McDaniel. MR. FINN: Thank you, ma'am. Edward Finn, Deputy County Manager. I can answer some questions. I can give you a brief overview. Whatever the Board desires. COMMISSIONER McDANIEL: Quick and dirty. MR. FINN: Quick and dirty? COMMISSIONER McDANIEL: Yeah. I asked you yesterday when we talked about this, and then I had more concerns and considerations later. All three of these agenda items, to me, are synonymous. There's a million dollars of money here being expended on landscape medians, and I have a concern about the perpetual maintenance that transpires when we build more medians, because I know for a fact that we're -- the last count that I was able to ascertain, we were running really close to $75,000 a mile in perpetual maintenance that travels along with these things. My question is, was any consideration -- because there are at least two pilot programs that are being constructed. Was the Botanical Gardens consulted with regard to these construction projects with regard to the plantings and those things? And was consideration given to the inversion of the median as opposed to the humping of the median? MR. FINN: Second -- I can't answer the first -- is, yes, Botanical Gardens are consulted on all our projects now. They're an integral component of the planning and the approach that are used for these beautified medians. I'm going to allow Trinity to perhaps talk about the design element of the landscape. January 24, 2023 Page 71 COMMISSIONER McDANIEL: Okay. Because that -- and I'm not addressing you specifically, Ed. I'm just talking out loud. It's just the Fund 111 is the one that absorbs the annual perpetual maintenance that travels along with these newly constructed berms, and I have a concern about that. Last I looked, it's close to $10 million a year we're spending in excess -- and then when you get the looking in the corners with the MSTUs and everything that we've created to lay off some of this expense, it's close to 15 million a year of taxpayer money that's spent in the maintenance. MS. SCOTT: I was going to -- if I could, sir. Once again, Trinity Scott, department head, Transportation Management Services. These are medians that are already landscaped. This is to go in and -- as we talked about during one of my prior presentations with the landscape, we were actually refreshing our landscaping in coordination with the Naples Botanical Garden. So, yes, we are doing that. We're also pulling that plant material in from the curb line; that way we reduce the lane closures that are necessary during the maintenance activities. It also reduces -- it's a maintenance savings initiative as well because we'll have less plant material out there. So these three areas are state highways, and this is -- the grant was to go in and refresh that and also to repair some of the irrigation. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: I've got a couple comments. So right after Ian -- and I shared this with a few people -- I went to the Naples Botanical Garden on their invitation and also my asking, and I learned a few things there. First off, there were some vegetation there, some which we use in our medians, that was totally soaked by seawater, not affected at all. It was green as the day could be. Other things had barely -- had sea mist, as they called it, land on the leaves, everything died. And so the takeaway there was obviously January 24, 2023 Page 72 varieties matter. What they also said, and it was one of their senior leaders who worked very closely with landscapers, even landscapers who work here with the county. And I'm not identifying anyone, but this was, you know, a generic statement that I believe has merit; they weren't saying it as a hypothetical. But they said that in some of our -- maybe in our previous contracts with landscapers -- and so I'm hoping we've made the correction. In previous contracts our language was a little loose, so it would say, these varieties of plants or an acceptable substitute. And what one of -- the top person at Botanical Garden said is they work with these landscapers a lot. They take that latitude because sometimes what we direct isn't mandated, and it's an expensive variety, or it's hard to get. And the loophole is always or an acceptable, you know, replacement, and sometimes the acceptable replacement is easy to get, super cheap, dies on impact at hurricane. And so, you know, his recommendation to me and to us was, you know, get as specific as possible working with Naples Botanical Garden to actually have in there that if they can't meet the exact specific varieties, that they don't have the latitude to just run to Lowe's and just buy a bunch of plants for $10 and throw them in. The other thing, too -- and this is an issue in all of our districts, but I'm dealing with this from several citizen, you know, inputs. We plant things that look great and pretty, and we're all proud of how we've made the medians beautiful. And Commissioner McDaniel is right, the maintenance sometimes gets lost, and it's like, wow, you know, we made it pretty but also sometimes, if we don't have the right irrigation or the right maintenance, I'd rather see nothing in the median than a bunch of dead plants. But on the flip side, we've planted things where I believe we've put either too much landscape in there and maybe it looked great the January 24, 2023 Page 73 day we cut the ribbon on it, but then everything grew very large and now, you know, you only have to drive around District 1, and you'll see these really nice palm trees that have these gigantic bushes that are growing already halfway up, and probably they were surrounded by tiny little bushes, but the bushes have grown wide and high, and everything just looks like it's sort of shoehorned in there. And in some cases, some of the landscape has grown so large that we have a big safety issue. The landscape is at the end of a median where people turn left, but it's hard to see the oncoming traffic. And, Trinity, you and your staff have done a great job. I've sent you those onesie, twosies, and then I've appreciated an email back sometimes the next day. We trimmed it. We removed it. We cut it. But, you know, we want to limit that so that we're not putting things in that need such constant care, because our maintenance crews go out there and, you know, they trim, they pick up a little bit of litter, they water, they fertilize or whatever, but sometimes, you know, they might walk by the really big tree that needs significant trimming, and maybe they don't do that or it doesn't pop up on the radar. So I'm confident that we have aggressively tightened, added to our processes, our contracts, our cooperative efforts with Naples Botanical Garden so we're not wasting this money, because this money buys a lot of plants, but then we also need the water and the maintenance. And, you know, there are some areas you can make those medians look pretty without, you know, planting a rose garden in every single one, you know. I'm not saying literally, but in some areas, you know, we've -- we maybe have gone a little too far. I'm confident we've learned those lessons. And I really like the idea of not close to the curb, because you and I have dealt with an issue where we closed almost a mile stretch January 24, 2023 Page 74 going to Marco Island. Traffic was backed all the way to I-75 because three guys were watering the plants or cutting the grass. So that should help quite a bit so that the maintenance crews, what I'm hearing, can safely work in those medians without being right on the edges, you know, correct? So, okay. MS. SCOTT: Yes, sir. We've taken that very constructive feedback and have implemented that into our contracts as well as our standard practices, so we thank you for that. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I don't want to belabor the point. I was aware that these were already landscaped. I just wanted to know if consideration was given to alternative methodologies for the construction of our medians. I know there are a couple of pilot programs that at least on the surface show a huge savings in irrigation when we're not irritating with IQ water, we're not dumping the nutrients into the -- into our water, our mulch doesn't float off and go into our stormwater systems that we have to pay to evacuate our stormwater systems. There's just a whole myriad of things to changing the design, and I wanted to know if that consideration was given here, or is this just O&M or repairs and maintenance? MS. SCOTT: It's repairs and maintenance, essentially, with this -- COMMISSIONER McDANIEL: Okay. MS. SCOTT: -- but we will certainly take that feedback as well as we continue forward, particularly on the county roads. COMMISSIONER McDANIEL: Yes. And I can -- you know, I agree with Commissioner LoCastro, you've worked with me on several occasions managing the maintenance and the blocking of lanes and not doing the westbound traffic on Immokalee Road when we're all on -- that's Talladega 500 coming in there in the morning, January 24, 2023 Page 75 so -- every day, by the way. And so with your permission, Mr. Chair, I'd like to move for approval for all three of these. To me, they were all the same. They were three independent consent agendas, and if we can, I'll just move for approval. CHAIRMAN LoCASTRO: Motion to approve 11C, 11D, 11E, correct? COMMISSIONER KOWAL: I had a -- CHAIRMAN LoCASTRO: Commissioner Kowal, yes, sir. COMMISSIONER KOWAL: Thank you. I just wanted to address the 11D, slightly different because of the fact that the Metropolitan construction going on on the far west end of Davis Boulevard and State Road 84, which we know as Davis Boulevard. That median through there, I just wanted some clarity, and so it's in the open, that they're going to have to redesign some of that for the egress and ingress in and out of the Metropolitan, correct? MS. SCOTT: Yes, sir. And we -- the same landscaping staff who designed these -- who worked with our consultants to design these projects and implement these projects also review all of the right-of-way permits, and so they have coordinated with Metropolitan Naples to make sure that we're not putting something in that they're taking out and that anything that they -- irrigation lines, et cetera, that they are repaired as they construct their ingress and egress to their facility. COMMISSIONER KOWAL: Okay. I just wanted to, on record, make clarity that we are aware of that and that we're not going to be approving $400,000 and then seeing our taxpayers' projects being torn up three months down the road by another contractor. So all right. Thank you. MS. SCOTT: You're welcome. January 24, 2023 Page 76 CHAIRMAN LoCASTRO: Okay. So I have a motion to approve 11C, 11D, and 11E, correct? MS. PATTERSON: That's correct. CHAIRMAN LoCASTRO: And I will second it. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #11F REQUEST FOR PROPOSAL (“RFP”) #22-8026, “TOURISM SALES REPRESENTATION – MIDWEST UNITED STATES” TO SYNERGY-CONNECT, LLC, MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT. (ALL DISTRICTS) (COMMISSIONER MCDANIEL’S AND COMMISSIONER LOCASTRO’S SEPARATE REQUESTS) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – APPROVED MS. PATTERSON: Item 11F, formerly 16F2, is a recommendation to award Request for Proposal 22-8026, Tourism Sales Representation, Midwest United States, to Synergy-Connect, LLC, make a finding that this action promotes tourism, and authorize the Chairman to execute the agreement. This was pulled to the regular agenda by Commissioner McDaniel and Commissioner January 24, 2023 Page 77 LoCastro's separate request, and Mr. Paul Beirnes, your Tourism director, is here to answer questions. MR. BEIRNES: Good morning, Commissioners. Here to answer anything or provide a brief overview, if requested. COMMISSIONER McDANIEL: Do you want to go first? CHAIRMAN LoCASTRO: No, you go ahead, sir. COMMISSIONER McDANIEL: My main question is, is this -- is there sufficient tracking to ensure that this is a worthy expense? What I was able to ascertain from the backup documentation were a lot of contacts with potentially a lot of promises with a potential of a lot of revenue, but I didn't see physically that there was actual ascertained contact, contract, delivered. MR. BEIRNES: Absolutely. All the way along, if I could pull a couple numbers -- and thank you very much for that information. We are so focused on bottom-line tracking and performance. Giving you an example, as we know, in 2020, kind of the bottom fell out of meetings. We were getting some tremendous traction coming out of the pandemic. We pulled some numbers just on this representative in the market. They are located in the Midwest, which is identified as having a significant amount of businesses and associations, so they're boots on ground. In 2021, which is actually reflected in the executive summary, 139 leads were submitted to hotels in this market. And the number that's listed there, $40 million, that's actually pulled through a destination international industry-certified calculator. So, basically, it accounts to room nights, attendance, accommodations, all of that factored in. Of those, 11 of them -- it sounds small, but I think it was 2021 still. Eleven of them actually turned positive or confirmed contract at that point. That's 1.2 million. A much bigger number for 2022. These are numbers since we January 24, 2023 Page 78 submitted that -- that executive summary. One hundred fifty-five leads amounting to $51 million in potential business. Actually, the closed, secured were 26 definites, which accounted to 5.6 or actually $5.7 million in confirmed business. All of this is actually in -- done as best as we can to push it to shoulder seasons. A lot of the leads and the conversations early on are peak periods, and we try as best to push it to the shoulders. So, yes, all of this is tracked. We know exactly who it was, when they came, where they stayed. We have a database, IDSS, that tracks it all. COMMISSIONER McDANIEL: Very good. That was my question. MR. BEIRNES: Thank you. COMMISSIONER McDANIEL: I was -- as I said, with my question, I was having difficulty ascertaining the lead process through to contract and didn't want to get hung out here on 40 million when, in fact, it was 1. MR. BEIRNES: Yep, I understand. COMMISSIONER McDANIEL: And even at one, I mean, the expense associated with it's relatively nominal in -- if, in fact, those numbers are verified and justified that the expense associated is nominal in comparison to the amount of revenue generated, so... MR. BEIRNES: And there's an additional number above and beyond what we can even track, and that is these are boots on ground having those conversations. These are the leads that come. But that conversation that happened in May, by September they may have us on the radar screen. They don't reach out, but they go directly to, you know, Inn on Fifth and secure that business, but that's okay, as long as they come here. COMMISSIONER McDANIEL: Agreed. CHAIRMAN LoCASTRO: So here's why I pulled it: You are January 24, 2023 Page 79 off to a really fast start, pumping some new blood and some new energy into everything that we're doing when it comes to tourism, being very visible in here and, you know, so I mean, just can't -- Hurricane Irma [sic], you know, you're front and center with us all in the emergency operations center, awesome, right? Sleeves rolled up. My request here is stay on these companies and make sure we get our money's worth. You know, I can jot down a lead because I made one phone call, and so I could pad the lead number. And I will tell you, you know, when I do the algorithm, okay, you know, 139 leads, and then it turns into 11, like you said. Okay, great. Glad to see it went from 155, you know, leads to then 26 actuals. And granted, leads don't always pan out. But, you know, whether it's a small chunk of money or a big chunk of money, or when you do the equation, yeah, we got our money's worth. Ensure that we are. I mean, I would love for you to come here -- and we don't have to have the detail, but for you to say, I saw all the details on those leads, and just because they had lunch with somebody, that wasn't a lead. You know, I could get you 139 leads if I take two commissioners with me and we go out for three hours and call it leads. I'm not saying that's what this company has done. But as you come here year after year, I would love to see that fraction really increase, that if they're going after really strong leads, granted some pan out but, you know, maybe that number's moving up like it has and that we have assurance from you that this is the company we want to continue to use. A lot of people do this. So sometimes, too, get a fresh perspective with a different company. What I'm not a big fan of is, you know, these are the guys that did it the last two years, you know, we get a good result out of. You know, one of the things that you had said, I think, in your job January 24, 2023 Page 80 interview was -- and you didn't have to say it. Your resumé proved it -- you have a lot of depth out in this world in this area. So if you know of something that pops up on your radar, there's nothing that says, you know, we can't, you know, put something out for competitive bid and, you know, bring in somebody else that maybe takes another go at it, and then you're sitting here going, wow, new company had 400 leads, and 212 of them, you know, panned out. Who would have thought? So, you know, I know we've got the right guy here doing it. So when -- you know, when this money comes to you, just stretch every dollar that you can out of it and make sure they're confirming that they're not sort of, you know, playing around with the numbers. And I'm not saying they are. But you telling us they definitely aren't because you did a deeper dive and have all of the data would make all of us feel even more confident. MR. BEIRNES: And I can tell you at this point 120 percent they're definitely not. I have eyes on every single one of these and, as you mentioned leads, leads are not just grabbing dinner. These are actual bids. These are actual spreadsheet documents saying I have the business. Can you take this to an appropriate hotel in your destination that you feel can deliver on that? So we, then, in turn -- and with me is Lisa Chamberlain, our manager of group sales and meetings. We will then go to the appropriate -- whether it is Inn on Fifth, Naples Grande, Ritz, and then present it to them for their evaluation and bidding. So we're bringing this line of business. CHAIRMAN LoCASTRO: Why do so many of them fall out? It just isn't a good match with the hotel or somebody can't accommodate? What's the top three reasons? MR. BEIRNES: Top three? I guess No. 1 is that lead may also be bid on by Orlando, Las Vegas, others that have the capability January 24, 2023 Page 81 of a much lesser ADR and costs. We try to convey that it's not just the rate. It's the experience, it's the destination, and alignment with our brand. So that's -- that's a big one. Others are that even the organization will want too much, and some of the hotels know that a year from now or two years -- because these are pipelines going out as far as -- I think we have 2027/28 on books. These are things that sometimes hotels are saying, I don't know what 2028's going to bring, so I'm just going to sit on the sideline. All we can do is bring the horse to the trough. But these are very, very substantiated numbers, and I have the full oversight for their performance. In fact, a little under -- I think about 40 percent of the contract itself requires my signature on the line item if they are going to a meeting. Next month it's $110 to be at this meeting. Boom, I'm actually signing off every single one of those. So, definitely. The other -- the last part to the equation is that this is pretty frugal. And, yes, I do know that there's a lot out there. I know what they charge, and what we were willing to put the fee out. There weren't a lot of takers. That's not a bad thing, because we are very frugal. We're going to hold the thumb to them. And this organization, we went out to RFP, and there were a lot of people who reached out and said, yeah, not doing it for that amount. But we have been satisfied. And going through the pandemic, this organization really stepped up for everything we needed them to do to keep us front and center and going after, you know, a different nuance and target audience. CHAIRMAN LoCASTRO: And that's where we look for your expertise, that if a little more investment, if you think we're being stingy -- I mean, like Commissioner McDaniel said, you know, if this came out right, you'd make a little investment and get a huge return, January 24, 2023 Page 82 you know, if you think we're sort of not keeping up with fair market value. But, hey, we're losing out to Orlando? Your job is to make sure that doesn't happen. MR. BEIRNES: Well, it used to be mine to be up there, so there's a lot of competition, 175. They've got low, low prices. CHAIRMAN LoCASTRO: But I do echo that, again, is, you know, we're, fluid. We're flexible here. If you see something that you think, wow, you know, we're really missing the boat and losing out on a lot of things and a little more investment, you know -- because we've got to be dynamic and change and whatnot. So you gave all the right answers. I didn't know what those answers would be, but I want to know that you have them, and so I appreciate, you know, that. And unless there's -- Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well, I was going to make a motion for approval. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: And just to share with you that next year when you're the Board's liaison for the TDC, you'll get to hear all of this, how much in depth it is. CHAIRMAN LoCASTRO: Next year, Orlando, they're dead to us, okay? Everything's coming to -- no. COMMISSIONER McDANIEL: Bottom line is, is -- and I share Commissioner LoCastro's comments with regard to making the investment and trust that Paul does come talk to us when he thinks there's a better value, so -- CHAIRMAN LoCASTRO: Absolutely. COMMISSIONER McDANIEL: -- motion for approval. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve. Do I have a second? COMMISSIONER KOWAL: Second. January 24, 2023 Page 83 CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THE MEETING MS. PATTERSON: Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: And we do have one speaker for this item, Garrett Beyrent. MR. BEYRENT: For the record, Garrett F.X. Beyrent. I'm late today because I took the bus here. I'm serious. Because my three cars floated away, and the one I bought from the lady on Marco Island, it biodegraded a week after I bought it. Don't buy any flood cars. Go buy a new car from Tamiami Trail Ford. I don't care. Long and short, I'm here for two reasons. The first reason is, I've been asking at the County Manager's Office to change the name of manager to woman-ager. It's not a manager. It's a woman-ager, January 24, 2023 Page 84 right? Am I right or wrong? That's not a joke. COMMISSIONER SAUNDERS: You're wrong. MR. BEYRENT: Serious. COMMISSIONER SAUNDERS: No, you're wrong. MR. BEYRENT: I am? COMMISSIONER SAUNDERS: Uh-huh. MR. BEYRENT: Burt, you would do that to me, wouldn't you? Ever since -- COMMISSIONER SAUNDERS: I wouldn't do it unless you were wrong. MR. BEYRENT: -- that issue over my mangrove and building that bridge for me that gets everybody to Clam Pass. You made me my own drawbridge. Did you forget? 1986. We're getting old. You're getting grayer. Long and short, that's really why I'm here. I'm only here because our bus system's really great. It's coordinated. But I would change one thing, and this came from staff, too, that you can adopt a bus. Our CAT buses are beautiful. They're not like that junk in Lee County. You can't even see out of the windows when you got in the bus. They should have an adopt-a-bus program. You could get it for $10,000 a year or whatever. You could put your logo in one little circle. As you're getting on the bus, there's blank space, even with our CAT. You've got a blank space. A corporation would pay to put their little corporate logo right on the bus. You could adopt a bus. You could put your name on it, or you could name it after your dog. If you don't have a real dog -- I don't have a dog. I don't have any pets. I have to go to places I don't want to go to and nobody tells me about till I get there. But anyhow, I just wanted to put that in there. And it's up to you guys to decide, okay? Everybody nodding their head. That's -- everybody nod their head. That's everybody voted for it, January 24, 2023 Page 85 right? Thank you. CHAIRMAN LoCASTRO: I nodded my head because I just -- I heard you. MR. BEYRENT: Okay. You're welcome. CHAIRMAN LoCASTRO: I'm a good listener. MR. BEYRENT: And you outrank me, too. I was only a PFC four times. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. Anything else, Mr. Miller? MR. MILLER: (Shakes head.) CHAIRMAN LoCASTRO: Ms. Patterson. Item #15B1 STAFF PROJECT UPDATE MS. PATTERSON: Item 15B, our staff project updates. First, Item 15B1 is a rock crushing update. Ms. Jaime Cook is on her way up. MS. COOK: Good morning, Commissioners. Jamie Cook, your director of Development Review. Just to give you a brief recap, at your December 13th Board meeting, you voted to extend the hours to our regularly approved LDC hours of construction from 6:30 a.m. to 7:00 p.m. You also added Saturdays. So in early January the contractor added a second crusher and a second excavator to the site. They also added a second loader to be able to add more material to the crushers faster this week. So to date, about 25,000 cubic yards have been crushed. Since the additional equipment has been added, about 5,400 cubic yards have been crushed. And if you go back and take a January 24, 2023 Page 86 look at the numbers from the weekly reports, they're getting to that number about 33 percent faster than they were before the Christmas break, so we are cutting down some of that time. Some communications that have occurred in the past couple weeks, I have personally corresponded with several residents in Countryside. They had some questions about some development in the area. This was one of the projects that they had asked about. But one of the things that they had told me was that it's much quieter than the previous operation. They haven't had any issues with dust. They have not had any issues with them going beyond the extended hours. So they were -- they're pleased to see the new operation. Commissioner LoCastro did receive a complaint earlier this week from one of the residents in Firano. I had staff go out that day to take a look at the site. They did not have any violations. I was able to provide some pictures that Troy is putting up on the screen for you. There was no dust. The watering was being done on the site, and there were no issues that we saw with the stipulations that we've put on the site. I did ask both the contractor and the property owner to be here, but I was kind of expecting this after lunch, so I'm not sure if they've been able to make it here or gotten the messages yet that I asked them to come early, but I'm happy to answer any questions you may have in the meantime. CHAIRMAN LoCASTRO: So they've increased, like you said, about -- it's 30 percent faster. And they immediately started doing the extra day. So I got second crusher, second excavator, second loader, and they're working now the longer hours and the Saturday, too, correct -- MS. COOK: Yes. CHAIRMAN LoCASTRO: -- immediately. Okay. No, I January 24, 2023 Page 87 appreciate the update on it. I don't know if any other -- anybody? COMMISSIONER McDANIEL: Just -- and that's all good -- that's all good. How long ago did they bring in the additional assets? MS. COOK: This week -- well, last week the loader came in. The week before that was when the excavator and the second crusher came in. COMMISSIONER McDANIEL: And it takes time. You know, you don't just drop those things in. You have to prep up and do what it is. And a 33 percent increase in a week and a half with those additional assets is a positive trend for us to be heading in the right direction, so... CHAIRMAN LoCASTRO: I'll still ask, you know, the big question which is, you know, if we run the equation, you know, I mean 20 -- great, they crushed 25,000 cubic yards, but I mean, you know, it was way back when we were hearing estimates of 180,000 cubic yards on that lot, or maybe more, maybe less. We don't know. And, obviously, as we -- as the material gets crushed, maybe we get a better feel for that. Any type of guesstimate, you know, you know, as we sit here and go, wow, if they crush 5,000 cubic yards a month, or whatever the new number is, you know, how far out? I mean, are we marching towards something that sort of starts to sound like a math equation? MS. COOK: I think that between staff -- staff did do a site visit at the meeting that you had asked how many cubic yards were on the site. Staff had gone out, and I think between us and Earth Tech, the contractor, the estimate was about between 100,000 and 120,000 cubic yards total on the site. So I'm thinking we're about a quarter of the way there. CHAIRMAN LoCASTRO: Okay. I -- you know, I know this isn't -- this is just informative, but I would like to continue on the January 24, 2023 Page 88 path of we're getting your reports every seven days, we're going out there regularly. I mean, I want to take this and continue it in small chunks. I think we had all agreed to do that, not to say, oh, great, you know, they've got all the additional stuff, okay, we don't need an update now till, you know, March. I think the five minutes here -- I don't know that -- you-all are doing such a great job going out there. If the -- to me, if the contractor -- I want them on site doing work, and I think we're getting everything from you. And as long as you're satisfied that you're speaking directly with them, and they're feeding you the right information, and then you're going out there and confirming it. You know, we never know when something's going to come up in an agenda. Unless -- you know, I think as we get maybe deeper into and we have -- we're at a point where we want sort of like the big update -- but I want to just continue as we're going. I would expect my colleagues would agree. And, you know, unless anybody's got any questions, you know, we appreciate the update. MS. COOK: Absolutely. I'll continue to send you the weekly updates, and I'm always prepared here if you have questions. CHAIRMAN LoCASTRO: Keep the pressure on them. The other thing, too, is if one of those extra pieces of equipment, you know, dies out, breaks, or whatever, make sure they're aware we want to know about it right away, because what I don't want to hear in two weeks is, well, these numbers were really low because they lost their crusher 81 days ago, and, you know, they weren't able to pull one from another site, which could happen. I'd like to just hear about it sooner than later, not be surprised by it, and that's why the numbers low, and, you know, for 11 days we didn't -- we didn't squeeze them for -- you know, we want maximum amount of equipment out there, you know, I mean, within reason, and they're doing that now. But I know that this stuff, it takes a hard hit with what they're doing, and it can sort of break down very easily. January 24, 2023 Page 89 So they assured us that they had equipment on other sites, and they could pull things, and this site was the priority. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just -- and I agree with Commissioner LoCastro. We don't have to have the contractor and owner come in for these reports. I mean, a complaint, with all of the work that's going that's, in fact, going on -- not to disregard the complainant, but you're addressing them. You're on top of it. He's getting the weekly reports. Let them -- MS. COOK: You are, too. COMMISSIONER McDANIEL: I am, too. And let them stay on site and keep crushing and cleaning the site up. MS. COOK: Absolutely. COMMISSIONER McDANIEL: So dragging them in here -- unless something goes totally haywire where it's requisite that we actually speak to the contractor, I don't need to. CHAIRMAN LoCASTRO: Thanks for the update. MS. COOK: Thank you. CHAIRMAN LoCASTRO: Next. Item #15B2 JANUARY 2023 PROJECT UPDATE FOR ‘VANDERBILT BEACH ROAD EXTENSION.’ (PROJECT 60168) (ALL DISTRICTS) (COMMISSIONER SAUNDERS REQUEST) MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Item 15B2, formerly 16A13, is a recommendation to accept the January 2023 project update for Vanderbilt Beach Road extension. Mr. -- this is pulled to this part of January 24, 2023 Page 90 the agenda by Commissioner Saunders. And Mr. Jay Ahmad is here to give the update. MR. AHMAD: Good morning. COMMISSIONER SAUNDERS: Mr. Chairman, the reason I asked this to be pulled -- there are no questions about it, no issues about it, but it's a really important public project. And I thought, if we're going to have an update, let's do it on the agenda so the public can hear it, because there's good news here, and I just want to be able to share it with the community as opposed to just having it on the consent agenda. MR. AHMAD: Absolutely, I'm happy to do that. And I was prepared, actually, before you pulled it in case it was pulled. And it was also included as part of your presentation, the agenda item. Good morning, Mr. Chairman, Commissioners, and welcome, congratulations, Commissioner Hall and Commissioner Kowal, on your election. I am Jay Ahmad, your transportation engineer and director, and I'm happy to present this item. Just a brief introduction. As some of you know, this project is a seven-mile project that starts at Collier Boulevard for Vanderbilt Beach Road extension, and it extends Vanderbilt for seven miles east to 16th Avenue. And the first section of the project to Wilson is six lanes, three lanes in each direction. It has a pathway on one side. It has bike lanes. And we also are moving a canal for approximately a mile and a half, a little over that, from 15th to 29th. The project will have traffic signals on Wilson, 8th, and 16th. And the project was awarded by the Board midyear in July, and the notice to proceed was issued to the contractor in September 12 -- on September 12, this last year, 2022. The duration of the project is three years. And the contractor is exactly on time. Approximately 11 percent of construction's been January 24, 2023 Page 91 conducted, and they're about 11 percent of the time. Approximately $5 million is spent on the project every month. Today, as of to date, the project reached -- they're clearing and grubbing. Approximately 350 acres of clearing and grubbing needed to be done for this roadway project. And also, as I mentioned, the canal being relocated. As you see on this picture here, the canal is taking shape between 15th and 17th, and the material from that canal is being crushed and will be placed on the existing canal. Of course, Cypress Canal is on the north side, it will be moved to the south side, and some of this material will be used to do such -- the filling of that canal, so the roadway can be built on top. I have a few pictures of the project. The project, again, is about $153 million, as some of you know, and it's actually the largest construction project in my career in Collier County. I've had much larger in Connecticut in my prior years, but it's the largest construction project we've ever taken in Collier County. Sacyr Construction, again, is the contractor on this project. This is kind of the equipment and the canal being dug. The -- we have three sub -- four, actually, subcontractors on the project clearing and grubbing. They start at 16th, and they're all over the place. As a matter of fact, closer to Collier, they've been clearing and grubbing and also in the middle and all. Some take advantage of some of the material, and as you can see in this photo, they stack the material and use it some other place, wood, or -- if it's suitable for that use. Some burn it. They're allowed to burn per the -- as long as they get the permit from the forestry, and they have. They have water trucks along the burning area. They have curtain -- air curtains that would kind of control the smoke. And we have received some complaints about smoke, and we've stopped them at least once. And January 24, 2023 Page 92 they are actually attending to that, and they stop themselves if it -- if the wind is heavy or it's not suitable for burning. Again, this is an area close to 16th. They're starting from 16th going -- for construction of the roadway, going west, and that area's been cleared, and you start seeing some of the material being brought to the site, and the roadway construction of the subbase is taking shape in that area, as well as the canal, as I mentioned in other areas. And this is kind of the burning that is being done. It's allowed by state law and by -- we actually have developers in the area that's burning close to Randall. So some of the smoke the people were complaining about is actually smoke from private developers that are doing it for their own site. It's being done safely here, and it's only one subcontractor that's doing this burning. The majority of them, they utilize that material. I'm open for any questions if you have any, and I'm happy to do this update as we -- as you expect -- asked us to do it quarterly, and I'll be here hopefully in three months. COMMISSIONER SAUNDERS: I would say for reports, certainly no sooner than every quarter. You know, a couple a year would probably be sufficient just to keep us updated, to keep the public updated. And if we need to bring you back for a special report, then we could always ask. MR. AHMAD: Thank you. COMMISSIONER SAUNDERS: I appreciate this. It's a good project and things are moving along nicely with it. CHAIRMAN LoCASTRO: Thanks, Jay. MR. AHMAD: Thank you. CHAIRMAN LoCASTRO: Okay. Next. MS. PATTERSON: Could I get a motion to accept the report, please. CHAIRMAN LoCASTRO: Motion -- I'll make a motion to January 24, 2023 Page 93 accept. Do I have a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: Item 15C is staff and commission general communications. If I may, I'll start with Mr. Rodriguez, who has a couple of items to talk to you about that we had but it was at the late hour last meeting we saved for this one. MR. RODRIGUEZ: Well, it's still morning. Good morning, Commissioners. Dan Rodriguez, your Deputy County Manager. Just an update on your sports complex. It continues to have different events there, and great participation by the residents. So coming up here, there's an alpha challenge for hurricane relief. It's actually a run and workout where they're going to raise money for benefits. There's a second annual run for Joey D. We all remember Joey D's wonderful pizza restaurant, and it's in recognition of their son. And it's a great run, great opportunity for everyone to get together at the sports complex. As well, there is a -- the Cove continues to have sunset January 24, 2023 Page 94 Saturdays where they have great food, wine and beverages and whatnot, as well as on Friday they have a theme night, which is usually a Latin night. And it is well participated, so if you get a chance to go out there. In addition, I also want to let you know that the boat show that occurred at Sugden Park was a great success. Special thanks to your Parks and Recreation staff who, in coordination with Tiffany Sawyer, who manages the boat show, did a great job. There were over 5,000 visitors to the boat show over the four days. That was also in coordination with the City of Naples and their docks. And from what we understand and hear, there were quite a few sales that occurred there. And Tiffany, with your approval, she'll be back to the Board to kind of give you an overview and update. We think it's a great partnership. And, in addition to that, your Domestic Animal Services, this is their third week of being open on Sundays, and it's received great reviews by the residents of Collier County who are out -- if they have a dog that ran astray, they can pick it up on Sunday. But also their adoptions. So special thanks to that group for putting that together. And just a note, we've hired a new fleet director, a gentleman by the name of John King, who has hit the ground and running. He was the Columbus fleet deputy director who has won national awards, state and national awards, and he's already looking at benchmarking and looking at ways for us to approve efficiencies and effectiveness at your Fleet Management Operations, so we're excited about that newest hire. Thank you. MS. PATTERSON: Thanks, Dan. One more item. We received correspondence from the Durnan Group regarding the Immokalee airport and their desire to lease the January 24, 2023 Page 95 entirety of the airport and operate it. Spoken with County Attorney Klatzkow who will be providing us some guidance on how we would proceed with this request, and he may have a few words to add to that. MR. KLATZKOW: No. I mean, we want to look into the issue. There may be some competitive issues we need to work with with purchasing, and there's a process converting public to private airports that we're going to have to look at as well. COMMISSIONER McDANIEL: This is -- this letter came to me, this email came to me. This is a group that's already conducting business at the Immokalee airport, and they are interested in leasing the entire facility. And so this is, in my opinion, an unsolicited offer for a piece of property that the county owns, and we have a process that's in place with regard to that. It's just a Letter of Intent. There's no contract. But my ask is that I work with our County Manager or staff just to bring this to some level of determination for our Board just so we can -- we can at least decide whether we want to continue on. There's no price. They haven't offered a price, so we can't make any kind of decisions with regard to that. So I'll volunteer, if it's so desired by the Board, to bring back something that we can proceed. Because we have a process for unsolicited offers and such, and I'd like to work with our staff to see if we could bring this to something that's of a benefit to our community. Am I correct in that thought process? MR. KLATZKOW: No, it's fine. I'd like to take a look into it, because I don't recall, but I know there may be a federal government lease involved. COMMISSIONER McDANIEL: Say that again. MR. KLATZKOW: There may be a federal government lease January 24, 2023 Page 96 involved for the Immokalee airport. They were originally built by the federal government during World War II. So just give me, like, a week or so to look into it, and I'm going to issue a report to Amy, and I'll copy you. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: That's all I have. Thank you. CHAIRMAN LoCASTRO: Okay. County Attorney, anything else? MR. KLATZKOW: No, sir. Thank you. CHAIRMAN LoCASTRO: We'll just go down the line here. Commissioner Kowal, anything to add? COMMISSIONER KOWAL: No. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I have a couple items. We're getting into the budget cycle now, and I think it's timely to start talking about things that are not normally in our budget that we might want to at least consider. There's a group in Collier County called Quiet Florida. They've been around for a couple years, and I've met with them on numerous occasions. Last year they were pushing for some legislation to enhance penalties for drivers that have illegally modified mufflers that make tremendous amounts of noise. And Senator Passidomo took the -- took the lead on that and clarified some statutory language to enhance the penalties for -- to make it clear what the penalties would be for violation of that. The Sheriff's Department has been very effective in citing people that are making those types of modifications. But the Sheriff's Department doesn't have enough staff and personnel to do this on a little bit of a larger scale. But to put it in perspective -- and I've talked to many residents who all night long are listening to people drag racing on 951, making January 24, 2023 Page 97 tremendous amounts of noise. And their position is -- and I think one that makes sense -- is that how do you enjoy your nice home in this paradise when you can't sleep because of drag racing and loud mufflers and that sort of thing? So there are several communities in Florida, and there are several communities around the country and several states that have been involved in trying to find a way to solve this quality-of-life problem. And so I want to expand on what we did last year in terms of the statutory issues and have staff work with the Sheriff's Department to see what we can do to enhance his operations in terms of personnel to really deal with this. And if you talk to some folks that are living near 951 and a lot of other roads -- and as a matter of fact, Sue Filson was telling me that she hears drag racing down the street in Golden Gate Estates, you know, once it gets dark. And it's a real problem. It's a real problem around the country, but it's especially a problem here in Collier County. And so I want to have staff, if the Board is willing, to begin the process of let's see what else we can do to enhance the quality of life and put a -- at least limit to some extent the loud noise. Mufflers that are modified, they're being modified illegally, and there's a statute that prohibits that, and it's really more of an enforcement problem as it relates to that. But there are other technologies out there that communities are using. No one likes red light cameras. We had -- I think the county had those years and years ago, and those went away. But there is technology dealing with noise cameras. And my staff is looking at -- Sue Filson is looking into those noise camera issues. They have them in Miami Beach as a pilot program, and I'd just like to have our staff take a look at those types of things and, over the next month or so, maybe give us some ideas on how we can start to deal with this January 24, 2023 Page 98 problem more effectively, because it is affecting a lot of people. So that's one ask that I have. And it sounds like -- I don't know if anybody objects to the staff doing that. CHAIRMAN LoCASTRO: No, great idea. Anybody have a comment on that? COMMISSIONER KOWAL: I could just comment to, you know, my background and what -- you know, drag racing is one thing. Drag racing is a criminal offense in the state of Florida, so there are statutes on the books that -- when two people are engaged in any kind of competition on a public roadway between two vehicles, that is a second-degree misdemeanor, which is an arrestable offense. I think it's just identifying these areas, identifying the times when they're doing them and actually working with the Sheriff's Department and the other local law enforcement and identifying properly and having the right personnel out there at the time to curb this behavior and show that they're serious about it, and that may remedy the problem down the road. I mean -- COMMISSIONER SAUNDERS: And that may be a funding issue for the Sheriff's Department as well. COMMISSIONER KOWAL: Yeah. And it's just -- we're having a -- you know, they have the ability to put a detail out, you know, like, assemble a detail on certain nights, as long as the citizens can really help us pinpoint where the problems and the times are. And working with the Sheriff, we may be able to, you know, head it off that way. Because, surely, once somebody gets in bracelets and they're carted off in the back of a car, it typically changes the attitude of their friends around them, so, yeah, it might be all it takes, one time. COMMISSIONER SAUNDERS: And drag racing is a component of it, but it's -- apparently, this is all day long, almost all January 24, 2023 Page 99 night long with very, very loud vehicles that are modified. As a matter of fact, I don't know why people would do this, but they actually -- there are some people that put an additive into their gasoline to make their car backfire, and it sounds like a machine gun going down the street. Somehow or another that's considered fun. I haven't quite figured out why. It may be just because I'm too old to enjoy really loud noise. COMMISSIONER McDANIEL: Okay. And I have a comment. I lit up there. On this, if I may. CHAIRMAN LoCASTRO: Sure. COMMISSIONER McDANIEL: And I -- I'm sorry. We had talked about the noise cameras at one time, and I certainly don't object to the exploration of it in relationship to the cost. It is an issue with enforcement with our Sheriff. And if we can get through the noise-camera issue not in any kind of constitutional violation, that was a concern that was raised when those items were brought up before. I know that I have had success in my district with folks of noise complaints, and I've asked for people to be diligent about the timing of those things when those things are -- when those things are actually transpiring. The issue is more than just drag racing. The issue is the modified mufflers on those go-fast motorcycles that are ripping through as well as the smaller motors that have modified. It's not just drag racing, though. So I think we should do everything we possibly can to assist our Sheriff and better utilize the assets that we have. But just a caution with regard to the noise cameras, because they have -- they have met with objections in other places. COMMISSIONER SAUNDERS: Yeah. I only mentioned noise cameras as just an example of what some communities are doing. COMMISSIONER McDANIEL: Sure. January 24, 2023 Page 100 COMMISSIONER SAUNDERS: And what I'm trying to do is to have our staff begin to look at this overall issue a little bit more seriously. We did -- I think -- and John Mullins kind of led the show on this last year. We did some good work in terms of modifying state law and clarifying the penalties, but there's more that can be done. MR. MULLINS: John Mullins, your director of Communications, Government, and Public Affairs. Just for the benefit of our new commissioners and to refresh our current members, the legislature is currently studying this issue by direction of President Passidomo. The legislature expects to have the results of that study on things like noise detectors, cameras, et cetera, ready in May. So when you're having staff here to look at some things that might be brought forward to consider, you may want to wait for the legislature to roll out their study because it's been a comprehensive look at this issue over the last year. COMMISSIONER SAUNDERS: Well, I don't want to wait until May or June to start the process. I want staff to be looking at what's being done in some other communities, and that will be part of the OPPAGA study. I know several people that I know that are going to be interviewed for that study. MR. MULLINS: Yeah. COMMISSIONER SAUNDERS: But I just want to put this on everybody's attention so that we can begin the process as we're going through budgeting now to really be ready for that OPPAGA report and maybe do some things that would be very positive in helping to reduce the problem. We're never going to solve it. It's never going to go away, but there are things that can be done to take a look at it. And I'm not suggesting noise cameras is a way to go, but it's just one technology to take a look at. MS. PATTERSON: We're happy to engage with the Sheriff January 24, 2023 Page 101 and get their thoughts as well as their potential resource needs relative to this issue. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: I just want to piggyback on that. I just know historically, because when we had the red light cameras, the legal challenge that we faced every time these things were trying to get prosecuted or fine these people for running these red lights was the fact that you couldn't identify the driver, and, typically, in a traffic violation, by statute, you have to identify the driver of the vehicle because that's the person that violates it, and we're basically just identifying the registered owner. So that was an issue, and that's why we don't use them anymore, because of that. And, you know, capturing the noise and capturing a license plate of a vehicle, we might have the same exact issue moving forward. I just think boots on the ground is the best answer. Identify the problem, put the resources in place, and rectify the problem. Because the statutes are there. They have -- there's two statutes already when it comes down to noise. There's the statute that actually violates the person that altered the vehicle's muffler, which is the owner, and/or any business that alters it for them. So there's two levels to that statute that have already been in place that if you alter any vehicle from its manufactured muffler system, that it does fall under those two statutes as they are right now. COMMISSIONER SAUNDERS: It's an enforcement problem. COMMISSIONER KOWAL: Yeah, and I think that's what it's all coming down to is just an enforcement problem, so... MS. PATTERSON: Understood. CHAIRMAN LoCASTRO: Commissioner Hall. Or -- I'm sorry, did you -- COMMISSIONER SAUNDERS: Then I had just one other January 24, 2023 Page 102 quick thing. On the veterans nursing home, with John Mullins' leadership here -- because he's been extremely diligent, as has all of our staff -- we now have monthly phone calls. We have another phone call next month -- or I'm sorry, next week. And I don't know, John, if there's anything that you would want to provide to the Board in terms of just a quick update. But we've got the site that is being evaluated, and the Department of Veterans Affairs has indicated that they're going to work with us on our footprint for this project, and things are moving in a positive way. MR. MULLINS: Once again, John Mullins, director of Communications, Government and Public Affairs. Easy for me to say. With the assistance of the County Attorney's Office, we are looking at the escrow agreement. That will be part of the call next Friday we discuss. It will be between the counsel for them and for the county to determine whether or not that agreement is sufficient for state purposes and transferring money and the property. We are looking forward at trying to make this transfer occur in time for the legislative session so that the money can be transferred by the legislature, appropriated by the legislature, to FDVA so they have that in hand and documented via the General Appropriations Act that will become effective July 1. That will accompany their application to the federal government for their construction match. So that's what we're working towards now and, as the Commissioner stated, that call will occur next Friday. COMMISSIONER SAUNDERS: And just so the Board knows, if we send $30 million to Tallahassee and it gets into some pot of gold up there and we don't build the veterans nursing home, we do get the money back. We don't get interest, but we do get the money back. COMMISSIONER McDANIEL: Perfect. January 24, 2023 Page 103 COMMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Nothing. I'm happy. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I have several things. I got -- I received an email from our Hearing Examiner, Andrew Dickman. And as most of you know, Andrew's suffering from cancer and receiving chemo treatments and so on and so forth. If you didn't know, it's not -- it's not -- it's public now. But he also recently contracted COVID, and because of his reduced immune system, because of the chemotherapy, he's asked to be able to conduct his hearing exams remotely. And I -- you know, I know there's been communication with our County Attorney. I wanted to ask our County Attorney if -- with a head nod from the Board, is that going to be okay? Do we suffice with the legalities of all that and what we should be doing in accordance with that? MR. KLATZKOW: The probability of somebody challenging that is extremely low. COMMISSIONER McDANIEL: Right. MR. KLATZKOW: So I'm not all that concerned about it. I'm not sure what alternative you have unless you want to seek another HEX as backup. COMMISSIONER McDANIEL: And Andrew and I talked about that. I was very candid. You know, I've known him for quite some time. And he and I talked about it, and he feels that he's capable of conducting the work and getting it done. And I think, if we just rely upon our staff to be watching what's, in fact, transpiring, there are other municipalities that do allow their Hearing Examiners to do remote hearings, so it's not a unique circumstance throughout the state of Florida. It is done in other places, so... And he assured me that he was feeling fine enough to be able to January 24, 2023 Page 104 handle the work. He just -- his doctors have recommended staying out of the public limelight till he gets his immune system back up and going. So I think with a head nod from us, we can -- he wants two months to be able to do these hearings remotely. And let's revisit it maybe at our second -- first meeting in February just to see how the process is going, if it's working sufficiently, and if we need to make some moves at our first meeting a couple weeks out, we can have a look-see at the productivity and see how that's working, if that meets with you-all's approval. CHAIRMAN LoCASTRO: My only -- and it's not a concern, but I -- and I think very highly of him, so I think, you know, he's dynamic enough to know that he has the latitude that if he has something sitting in front of him that's sort of bigger than a breadbasket and there's a sense that doing it remotely by one of the parties is that it's some sort of a negative, he has the ability to table it to when he feels, you know, up to it, right, County Attorney? MR. KLATZKOW: He also has the ability to send it to the Planning Commission. CHAIRMAN LoCASTRO: Absolutely. MR. KLATZKOW: So if it gets too much for him, it will still get processed. CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: If it gets too much for him, then we'll communicate, and then we'll start to make some decisions, because we, this board, have three employees. That's our County Attorney, our County Manager, and our Hearing Examiner. So I happen to be the one to carry this forward and have a discussion with you about it. So we'll cross that bridge as we come to it. Second, Mr. French, while you're sitting back there doing nothing, please come on up here. Third, I'd like to know how we're coming -- has the investigation January 24, 2023 Page 105 begun on the initiation on the burn ban? I brought that up at the late hour at our last meeting, and I know there's quite a process, certain levels of humidity, certain levels of rainfall. I talked about the fact -- I'm not a huge proponent of bans per se, but that's one if we initiate it earlier -- we did initiate it early last year, and it was successful, I think, in helping curb that fire hazard. MR. RODRIGUEZ: It was. And, for the record, Dan Rodriguez, your Deputy County Manager. And thank you, yes, last year you were very proactive in getting staff to initiate that. There was email that went out two weeks ago to Dan Summers. He's prepared the memo in anticipation. So as soon as those humidity levels get to a certain point and whatnot, he'll be bringing that recommendation forward to the County Manager. COMMISSIONER McDANIEL: Sooner than later. MR. RODRIGUEZ: Absolutely. COMMISSIONER McDANIEL: I know it takes -- it's an act of Congress to enact those burn bans, but folks are -- folks are out there burning yard waste and so on and so forth, and as windy as it's been, it just takes one good spark, and we light up, especially with the additional debris that's been left from the damage Irma -- or Ian. MR. RODRIGUEZ: Absolutely, and that's in coordination with the State Emergency Department as well. Fire Department. COMMISSIONER McDANIEL: Yeah. There's a litany of people that have to go through and approve that, and I just wanted to initiate that process as soon as possible. Jamie, I just wanted a brief update from you -- and he's not expecting this, by the way -- a brief update from you on how we're moving forward with our cell service, planning tower locations, so on and so forth. Oh, Mr. Bosi's over there, too, so -- and if it meets with the pleasure of the Board, we have become the responsible agency for January 24, 2023 Page 106 folks to have cell service. Though it's a private-sector matter, we're the elected complaint department. And we're running into bandwidth issues in the urban area, let alone in the more remote area of our community. And I know he had conversations last year about additional tower locations, about actually amending our Land Development Code that we've already ascertained with regard to the towers is terribly delinquent. It was back in the '90s, I think, when the last time we touched it was. And I'd like to hear how we're coming with that. MR. FRENCH: Thank you, sir. Good afternoon. Jamie French, for the record, your department head for the Growth Management/Community Development Department. Commissioners, with your guidance and working with Commissioner McDaniel, we have -- we've initiated the RFP process to look at how we handle both government-owned facilities as well as some of these private property facilities. In a previous career, I used to negotiate some of the franchise leases for these properties when I initially came to the county just under 20 years ago, and Mr. Bosi actually worked in the telecommunications industry in that vertical real estate portion of it. And we do bring forward all your land-use petitions or all the land-use petitions that come before you with regards to considerations for allowing this type of land use. So, yes, sir, we are looking -- we are working with the telecommunications industry, we are working with the tower providers, as well as with county staff regarding how we move forward. We recognize that this technology has changed. Years ago it was just what referred to back in -- back in the days as the clicks. Those were your copper wire that ran into the house, and so many people have converted to where they've gone to a cellular type service and, not just that, they rely on that for their home service. January 24, 2023 Page 107 We recognize that that is a very important part of their life. And you, as the Board, and our zoning administrator, Mr. Bosi, has identified this as an essential service. So we are looking forward to that. We are trying to do our very best to navigate within the state -- within the confines of the state law, and we're trying to avoid that proliferation, if that's a word, of cell towers all throughout your community. So we recognize -- we have height limitations, we've got both the urban as well as the rural developments that both offer unique challenges, and as we start to see a migration of growth to the eastern lands, that's created even more challenge for cell phone providers like Verizon and AT&T and T-Mobile. So we will be bringing back an item to you for consideration. Mr. Bosi and I have worked along with Jennifer Belpedio in your Real Estate Services to draft that RFP. And I believe -- and, Mike, you can speak to it, but I believe that RFP is with your procurement group right now going through review, and then we'll put that on the street for hiring of a third party to come in and look to see what best practices they would recommend based off of what's currently out throughout the state of Florida and throughout the country. COMMISSIONER McDANIEL: I had met with one of the carriers for a cell tower company. It was a carrier, I think, that I had actually met with that had worked with another municipality in the state of Florida, and the municipality developed a plan for cellular tower location to service their entire community, and it wasn't just done when an independent company wanted to throw up a tower and collect rent. And so I wanted us to be more methodical in our approach to this, and that was what we initiated. Any idea when we're going to bring that back and have a more January 24, 2023 Page 108 formal discussion? MR. BOSI: Well, the more formal discussion would be when we have a response to the RFP that we're putting out. One of the things that I did suggest within the process that was being proposed was the first phase that was being suggested was the marketing and the marketing of governmental properties, and then updating the code. I've actually suggested that we switch that. Our code is very antiquated. It places a lot of limitations. And one of the things that is the greatest obstacle is these cell towers tend to be subject to NIMBYism. People want great coverage, but they don't want the towers next to their house. Ninety percent of your e-911 -- your emergency calls for services come from cell phones. So if you don't have cell phone providers with adequate coverage within areas where you have residential development or any development, you've got exposure towards where health, safety, welfare, the very basis of what zoning is supposed to be about. So we need to recognize that. We need to treat towers as what they are; is it's a 21st century infrastructure that's being implemented from the private side. It's a different approach towards how we used to provide for utility regulation, and our code needs to recognize that. And we are in the processes, working with procurement, to finalize. And I do believe it was -- the carrier was Verizon, and Verizon actually had suggested a draft plan to us, which we've reviewed and we're going to utilize as a basis for that RFP to say, let's build off of this and move forward, because it's -- you know, it is in Verizon's self-interest to have the best coverage, but it's in the county's self-interest to have the best coverage for our citizens as well. But there's also the issues of visual impact that we have to be appreciative of, and neighborhood concerns that we have to place, you know, the weight and validity to as well. January 24, 2023 Page 109 So all of those things are that balancing act we're going to try to find to thread that needle to get the right mix of what's regulatory provided for and then how are we going to -- how we can ensure that when someone needs emergency services, they'll be able to reach into their cell phone -- or within to their phone to actually connect with a provider. COMMISSIONER McDANIEL: Perfect. MR. FRENCH: And, Commissioners, if you would allow me, we're also giving consideration to those underserved areas where we know that you don't have a -- let's say a Comcast or a CenturyLink type of provider. There are a number of communities -- or number of areas throughout our community, especially in those rural areas that are underserved where you may have children that can't do online classes or adult learners, they have to go to a library facility or have to go somewhere where the cell phone or data service is available. And so when we look at those eastern lands, we're taking that into consideration as we move out. I can tell you on my way here, I'm on the phone with a contractor, and just driving through the Glades my cell phone dropped twice. And -- COMMISSIONER McDANIEL: And that's the bandwidth that I was talking about. It's not just happening -- it is happening in the east, but it's actually in the urban area, and it has to do with the population increase, our winter visitors and our other short-term visitors that are here that are condensing the bandwidth. MR. FRENCH: We're giving a great deal of consideration to all those to include the current infrastructure and how we look forward to infrastructure on some of our projects. COMMISSIONER McDANIEL: Good. Thank you. MR. BOSI: And I would -- and one of the things, just -- I, in a previous life, worked for American Tower, and we used to -- at the January 24, 2023 Page 110 time I was doing entitlement, you know, for new towers. And I would tell people, look at it; this is 21st century infrastructure. But we were dealing with 2G technology. The first was 1G technology. It was all voice or -- it was all voice, and it started migrating a little bit to text. Now you're at 5G. That's the current most up-to-date status, but that shrinks your radius of coverage from six miles, and that references within our existing code. That references back to when we had, you know, just cell service and it was just voice services. Now, because video is so much as part of the exchange that happens within these networks, the bandwidth capacity required for that type of -- that type of information flow really reduces the -- reduces the effectiveness of the towers so, therefore, you need more of them. And, actually, the State of Florida three years ago recognized that. Within the right-of-way, they have a statute/regulations that says, localities have to make structures within the right-of-way available for small cell technology, and the small cell technologies are like boosters for a really small area. But that's just a combination of how these towers -- or the systems work with the towers, and then these smaller cell technologies. And one last thing I will say is we did recognize the limitations and impact it was having within the Golden Gate Estates. We amended the Growth -- or not the Growth Management Plan, but the Land Development Code to allow for, on arterial collector roads, your major road systems with the Estates, to be eligible to seek a conditional use just because we knew that we needed better penetration withinto these areas that had large residential populations, and we're going to continue to build upon that -- you know, that mission, to -- you know, to provide for more opportunities. But as we said, still have the -- the community have the opportunity to provide their input to the Board in terms of what they feel is January 24, 2023 Page 111 important. COMMISSIONER McDANIEL: Absolutely. Thank you. Thank you, both. I just wanted to get an update on that. But I know I'm not immune -- I'm not the only one that gets concerns from our residents about the capacities that we have, and I wanted folks to be able to know that we are working on it. My last is for the County Manager, and that's that upcoming deadline on our interlocal agreement with the city. I haven't been asked to any meetings, and Commissioner Saunders is going to thump me, because I was the Board liaison to be helping you, and I don't want to get in trouble with him. MS. PATTERSON: No, sir. I actually just saw the city manager last week at another meeting, and we agreed that we'll get that back on the rails. It -- obviously, there was a slight distraction from Hurricane Ian and with a lot of our beach facilities having been heavily damaged. We need to get that conversation back on. COMMISSIONER McDANIEL: Okay. MS. PATTERSON: We'll come back with a report once we've had that meeting, and I'll work with you to schedule after we -- after the city manager and I regroup. COMMISSIONER McDANIEL: Very good. Thank you. That's all I have. Thank you. CHAIRMAN LoCASTRO: Okay. I just have a couple quick things. I wanted to echo what Mr. Rodriguez said about DAS, Domestic Animal Services. I did sort of a semi no-notice visit recently with Mr. Rodriguez and a group of folks from the county staff. I was very impressed with what our -- she's no longer the new director, but what Marcy's doing there. So to any of the commissioners here, it's in -- you know, the building's in District 1, but it supports all of our districts, obviously, January 24, 2023 Page 112 in the entire county. And they have a big job. They have a big budget, and I really like a lot of -- I liked everything that I saw. You know, she's -- the place has gotten an overall -- a total facelift. Volunteers were coming up to me who in the past had come up and had sent me even sometimes anonymous emails, and maybe you-all got some as well, that they weren't that happy, and this is all sort of in the past. So a lot of really positive things, and so she's got a very aggressive plan to spend her money wisely to fix even more things and make sure that, you know, we've got a top-notch facility. And she's done so many unique things to, you know, not hoard animals but work with other agencies, even in other states, to get animals adopted so, you know, we're not turning into, you know, a giant, you know, warehouse that's just storing, you know, animals, that we try to reunite them with their owners, but then also when we clearly have animals that are dropped off, you know, for adoption, she's doing a lot of things that we've never done before. You know, lastly, when it comes to DAS, what I'm hearing from the board, because some of the board members reach out to me, and if the commissioners -- Commissioner McDaniel, Commissioner Saunders will remember this, we were kicking around, you know, is the ordinance for animals -- the protection of animals in Collier County, is it worded properly, and does the County Attorney need to totally revamp the whole thing, and do we need to change "happy" to "glad" and "small dog" to "puppy" and all these things and go back and forth. And what I'm hearing now is, especially with Marcy's leadership and maybe just different sets of eyes from the County Manager and then the work that the County Attorney is doing is that, you know, we have an ordinance that's enforceable. And so we could sit here and nickel and dime it all the time. And if it needs some nickel and January 24, 2023 Page 113 diming, you know, I think all of us up here would be the first ones to say, then let's tighten it. Maybe that's a better term than "nickel and diming." But what we have on paper, what I'm hearing now has gotten some second, third, and fourth looks. And so what I have said to the staff and, as well, when I've talked with Marcy is make sure that all your animal control officers realize that we're standing behind the ordinance that we have. Because we were getting some reports, some of them were sort of driving around with the windows up saying, well, yeah, I see a few things, but, you know, I pick up that animal and then nothing -- or, you know, I give a citation, and then nothing happens. And so I heard a lot of good things. I would just say to the County Attorney and to the County Manager's Office, keep us updated on if the -- you know, if it's actually working as advertised and if we're continuing to make improvements to the DAS, you know, building, and I'd invite anybody else to take a peek down there. Number two, remember the unsolicited offer we got for the sports complex? Did that die? Or I never heard anything on it. Maybe I missed it. Did we look at it, and then we just said no, or something's coming to us? MS. PATTERSON: No, sir. We're still working on it. We've had a number of -- here comes Mr. Finn. We've had a number of phone calls with representatives from that group and, in fact, Mr. Finn just touched base with them yesterday, and he will give you an update. MR. FINN: Yes, ma'am, thank you. Edward Finn, Deputy County Manager. Yes, sir, that continues to be ongoing. They kind of have a -- I won't say a complicated structure, but there's one structure that does operations, another structure that does capital acquisitions. The January 24, 2023 Page 114 capital acquisitions is a large -- large funding entity. So this project has gone from their operations guy to their equity side, if you will, and they're evaluating it. I spoke yesterday with the operating-side chief. He advised me that they had a slight shakeup in their executive management staff, which had caused, you know, some nominal delay in it, but they expected to get some sense of a Letter of Intent back to us here in the near future. He didn't say exactly when because it, essentially, is shifted over to the other side of the house. CHAIRMAN LoCASTRO: Okay. Great. Perfect. I don't think anybody up here is pushing acceleration of it or not. We certainly aren't taking a position. I just wanted to know if it was continuing to move in the exploratory direction so that, you know, something would be coming back to us at some point with a recommendation. So it sounds like that answer's a definite yes. MR. FINN: Yes, sir. Thank you for the question. CHAIRMAN LoCASTRO: The next thing that I had -- and maybe it could be on one of the staff project updates. I like hearing all the positive things. I actually had it written down that I was wondering what was happening with the nursing home, but we already know, and it's headed in a great direction. But there's other entities of that piece of property, the Golden Gate Golf Course. Don't need an update here, but maybe at some point in one of the staff updates -- you know, it's in Commissioner Saunders' district, so when we're ready to update us -- but maybe he's about to do it right now. COMMISSIONER SAUNDERS: There seems to be a little bit of good news in that regard, because the BigShots/ClubCorp Group had their preconstruction meeting with the county staff just a few days ago last week, at the end of last week, last Thursday. That all went really well. As far as I know, they are now authorized to begin January 24, 2023 Page 115 construction. They've got their permitting in place. And I had anticipated that they would begin construction this week or certainly next week to get things rolling. Once that gets rolling, then the other pieces fall together. That's the BigShots facility. The golf course permitting -- and staff may have to correct me on this a little bit -- but it may be another three months to four months before there's actually permitting to begin construction on the golf course. But that's -- that's in play. The county staff and the contractors have been doing a lot of water sampling, soil sampling because of some arsenic that's on the site. That's all subject now to a plan with the Department of Environmental Protection. They have approved the long-standing, long-term arsenic mitigation plan. That's all in place. So everything is -- everything's coming together. The other component is the 440 plus-or-minus units of workforce and affordable housing. The manager has a meeting next week that she can elaborate on -- or rather on Thursday of this week that she can elaborate on. I'll be on that Zoom call with their staff. So that -- everything -- everything is now moving in a positive way. CHAIRMAN LoCASTRO: Great. Okay. MS. PATTERSON: So we're continuing to work with our partners for the housing project. Mr. Kirk, who is the representative of the entity that will be doing the actual construction, has been working on his side. He's also dealing with his soil-management issues, so we're standing by to help him as needed. We are getting everyone together -- so that's not only the funding partners as well as the folks actually doing the construction -- all in one room so we can talk about where everybody is and timelines for when we need to deliver different things, some items that need to come to the Board, finalizing some other documents, and that way we've got everybody moving in the same January 24, 2023 Page 116 direction with all the same information. But that is proceeding on as well. CHAIRMAN LoCASTRO: Okay. That would be a good one when the time is right and you feel you've got a story to tell for the staff project updates so we could go on the record and, you know, the public that are watching can hear everything from the nursing home to the golf course and everything, the affordable housing, because getting -- a lot of people are asking questions about little parts and pieces. And it's been a while since we've sort of talked about it, so that's why I just wanted to bring it up. And then, lastly, you know, maybe this isn't a very popular topic, but, you know, two weeks ago we had people that were concerned about our CDC grant money, so I just want to say that I think we've all met with the County Manager. It's more than just writing a check and returning it, but -- and on all of our desks is a pretty thick packet of investigative material that we got yesterday, I believe, from one source. So I assume we'll be -- you know, we're getting closer to talking about it and knowing a lot more of the detail. So, you know, hopefully maybe at the next meeting we'll have something possibly. MS. PATTERSON: Yes, sir. We're planning to be on the next agenda to answer those questions and provide that information that was requested at the last meeting. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, and I did have a meeting with Mr. Ulmer, the ED of Healthcare Network, and worked with him to get that package and made sure that that package got to all of you so that you have an opportunity to review it, and so please do, and then get your comments to the County Manager as she's working through that. CHAIRMAN LoCASTRO: Okay. January 24, 2023 Page 117 MS. PATTERSON: Thank you. CHAIRMAN LoCASTRO: Did I miss anything? Anybody else have any final words? (No response.) CHAIRMAN LoCASTRO: Okay. If there's no objections, then I think we're adjourned. Boom, adjourned. ***** ****Commissioner Saunders moved, seconded by Commissioner Kowal and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 RESOLUTION 2023-11: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPERANZA PLACE, APPLICATION NUMBER AR-13122, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $34,293.30 Item #16A2 RESOLUTION 2023-12: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF ESPERANZA PLACE - PHASE 2, APPLICATION NUMBER PL20190000598 AND PL20190001019, AND AUTHORIZE THE RELEASE OF January 24, 2023 Page 118 THE MAINTENANCE SECURITY IN THE AMOUNT OF $41,331.80 Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR TEMPLE SHALOM EXPANSION, PL20220005168 Item #16A4 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENTS FOR TREE FARM PPL, PL20220004338 Item #16A5 RECORDING THE FINAL PLAT OF ALLAMANDA ESTATES (APPLICATION NUMBER PL20220001339) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $114,269.21 Item #16A6 THE CLERK OF COURTS TO RELEASE PERFORMANCE BOND NO. 6414722 IN THE TOTAL AMOUNT OF $1,000,000, January 24, 2023 Page 119 WHICH WAS POSTED AS A GUARANTEE TO COVER THE EXCAVATION WORK ASSOCIATED WITH THE FOLLOWING EXCAVATION PERMITS: 59.902-1, BELLERAWALK AT AVE MARIA (AR-9214); 59.902-4, AVE MARIA UNIT 8, EMERSON PARK (AR-8941); 59.902-5, AVE MARIA NORTH SPORTS PARK AND TENNIS AQUATIC FACILITY (AR-9178); 59.902-6, DEL WEBB AT AVE MARIA PHASE 1 (AR-8654); 59.902-8, AVE MARIA PHASE TWO PLAT (AR-8697); 59.902.9, AVE MARIA BOULEVARD (ARCH RD. & CAMP KEAIS RD. – AR- 8880); 59.902-12, CAMP KEAIS ENTRANCE AT AVE MARIA (AR-12286); 59.902-31, DEL WEBB PARCEL 107 & 108 (PL20160000905); 59.902-32, DEL WEBB PARCEL 204 (PL20160001367); 59.902-33, DEL WEBB PARCEL 213 (PL20160001658); AND 59.902-35, DEL WEBB PHASE 3 PARCELS 209-212 (PL20170000501) Item #16A7 – Moved to Item #11C (Per Agenda Change Sheet) Item #16A8 – Moved to Item #11D (Per Agenda Change Sheet) AWARD INVITATION TO BID ("ITB") NO. 22-8046, "DAVIS BLVD (SR-84) LANDSCAPE IMPROVEMENTS - GRANT FUNDED" PROJECT, TO HANNULA LANDSCAPING AND IRRIGATION, INC., IN THE AMOUNT OF $425,783.79, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENTS Item #16A9 – Moved to Item #11E (Per Agenda Change Sheet) Item #16A10 January 24, 2023 Page 120 CARRY FORWARD FUNDING FOR THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) IN THE AMOUNT OF $6,552.12, EARNED FROM THE FY 2021/22 TRANSPORTATION DISADVANTAGED PLANNING GRANT, AND TO APPROVE ALL RELATED NECESSARY BUDGET AMENDMENTS Item #16A11 CHANGE ORDER NO. 2 TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) AGREEMENT NUMBER 21-7847, “GOODLETTE-FRANK ROAD DITCH IMPROVEMENTS DESIGN SERVICES” WITH WATER RESOURCES MANAGEMENT ASSOCIATES, INC., FOR ADDITIONAL DATA COLLECTION AND ENGINEERING DESIGN TASKS TO THE SCOPE OF SERVICES, IN THE AMOUNT OF $133,681.00, AND TO EXTEND THE PERIOD OF THE PROJECT BY 308 DAYS. (PROJECT NUMBER #60102) Item #16A12 THE COUNTY ATTORNEY TO RETAIN OUTSIDE COUNSEL TO WORK WITH THE COUNTY ATTORNEY, STAFF AND OUTSIDE CONSULTANTS, TO COMMENCE A FEMA ARBITRATION PANEL WITH RESPECT TO THE HURRICANE IRMA FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”) FIRST APPEAL DENIAL OF GRANTS MANAGER PROJECT 48791/PROJECT WORKSHEET #5856 Item #16A13 – Moved to Item #15B2 (Per Agenda Change Sheet) January 24, 2023 Page 121 Item #16C1 RESOLUTION 2023-13: A PROJECT UPDATE TO NCWRF PRETREATMENT FACILITY PROJECT NO. 70149 CURRENTLY IN DESIGN WITH AECOM TECHNICAL SERVICES, INC., UNDER AGREEMENT NO. 20-7722-NS Item #16C2 ADMINISTRATIVE CHANGE ORDER #2 FOR TIME EXTENSION UNDER CONSTRUCTION AGREEMENT NO. 21- 7912 WITH R2T, INC., FOR THE NCRWTP CHEMICAL BULK TANK REPLACEMENT (PROJECT NO. 71066) Item #16C3 BOARD OF COUNTY COMMISSIONERS, ACTED EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 22-8043, FOR “REMOVAL AND ABANDONMENT OF 30” RAW WATER MAIN AND 36” WATER MAIN,” TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $863,380, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (WATER USER FEE CAPITAL FUND (412), PROJECT 70271) Item #16C4 A FIRST AMENDMENT AND EXTENSION TO January 24, 2023 Page 122 RECREATIONAL LEASE WITH SMALLWOOD ISLAND CONSERVATION CLUB TO EXTEND THE LEASE TERM, TO REVISE THE ACREAGE, TO INCREASE THE ANNUAL RENT, AND TO UPDATE INSURANCE REQUIREMENTS ON 492 +/- ACRES OF THE COUNTY-OWNED PROPERTY KNOWN AS CAMP KEAIS Item #16D1 RESOLUTION 2023-13: A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF A PORTION OF STATE ROAD 29 AND DETERMINING THAT THE CLOSURE IS NECESSARY FOR THE COLLIER COUNTY MUSEUMS’ ANNUAL IMMOKALEE CATTLE DRIVE & JAMBOREE ON MARCH 18, 2023, TO FULFILL A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TEMPORARY ROAD CLOSURE PERMIT APPLICATION REQUIREMENT Item #16D2 AWARD CONSTRUCTION INVITATION TO BID (“ITB”) NO. 22-8031, “SUN-N-FUN FAMILY POOL RENOVATIONS,” TO CAPITAL CONTRACTORS, LLC, IN THE AMOUNT OF $983,961, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16D3 AGREEMENT NO. 22-035-NS, “INTEGRATED LIBRARY SYSTEM SOFTWARE MAINTENANCE, SUBSCRIPTION & PHONE ALERT SERVICES,” WITH INNOVATIVE January 24, 2023 Page 123 INTERFACES INCORPORATED IN AN AMOUNT NOT TO EXCEED $200,000 PER FISCAL YEAR, AS BUDGETED THROUGH FY2028, AND APPROVE EXPENDITURES UNDER THE AGREEMENT AND APPROVED EXEMPTION Item #16F1 CHANGE ORDER NO. 4 TO AGREEMENT NO. 20-7680 FOR THE PELICAN BAY SIDEWALK IMPROVEMENT DESIGN TO AGNOLI, BARBER & BRUNDAGE, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER Item #16F2 – Moved to Item 11F (Per Agenda Change Sheet) Item #16F3 RESOLUTION 2023- 14: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FY22-23 ADOPTED BUDGET Item #16G1 BOARD OF COUNTY COMMISSIONERS, ACTED AS THE AIRPORT AUTHORITY, AWARD SOLICITATION NO. 21-7937 “IMMOKALEE REGIONAL AIRPORT HANGAR/COMMERCIAL AERONAUTICAL DEVELOPMENT- PARCEL A” AND AUTHORIZE ITS CHAIRMAN TO EXECUTE THE ATTACHED COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LONG-TERM GROUND LEASE January 24, 2023 Page 124 AGREEMENT WITH GLOBAL FLIGHT TRAINING SOLUTIONS, INC., FOR AERONAUTICAL LAND USE AT THE IMMOKALEE REGIONAL AIRPORT Item #16J1 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN DECEMBER 29, 2022, AND JANUARY 11, 2023, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JANUARY 18, 2023. Item #16K1 RESOLUTION 2023-15: APPOINTING COREY R. MCCLOSKEY AND REAPPOINTING RON CLARK TO THE LAND ACQUISITION ADVISORY COMMITTEE Item #16K2 RESOLUTION 2023-16: APPOINTING MICHAEL FERLAND, BETH STEIN AND REAPPOINTING DENISE MCLAUGHLIN AND MICHAEL FOGG TO THE PELICAN BAY SERVICES January 24, 2023 Page 125 DIVISION BOARD Item #16K3 A SETTLEMENT WITH THE GUARANTEE COMPANY OF NORTH AMERICA USA, THE SURETY FOR FLORIDA SAFETY CONTRACTORS, FOR FLORIDA SAFETY CONTRACTOR’S DEFAULT UNDER CONTRACT NO. 18-7286 AND DEFECTIVE WORK ON THE GOODLETTE-FRANK ROAD AT FLEISCHMANN BOULEVARD ROADWAY AND SIGNALIZATION IMPROVEMENTS PROJECT Item #16K4 RESOLUTION 2023-17: APPOINTING KEVIN JOHNSON, KATHERINE BASSO AND REAPPOINTING RONALD KEZESKE AND MICK PETSCHER TO THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Item #17A – Moved to Item #9B (Per Agenda Change Sheet) Item #17B RESOLUTION 2023-18: PETITION PL20210000560, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF SANDY LANE LOCATED APPROXIMATELY ONE-HALF MILE EAST OF SANTA BARBARA BOULEVARD AND ONE MILE NORTH OF RATTLESNAKE HAMMOCK ROAD IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO ITEMS #17C & #17D) January 24, 2023 Page 126 Item #17C ORDINANCE 2023-04: ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANDY LANE RPUD, TO ALLOW CONSTRUCTION OF UP TO 640 DWELLING UNITS ON PROPERTY LOCATED EAST OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE SOUTH OF DAVIS BOULEVARD BETWEEN SEYCHELLES DRIVE AND POLLY AVENUE, IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 113.97± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (THIS IS A COMPANION TO ITEMS #17B & #17D) [PL20200001208] Item #17D ORDINANCE 2023-05: AN ORDINANCE AMENDING ORDINANCE NUMBER 82-49, THE SHADOWWOOD PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE MASTER PLAN TO ADD A POTENTIAL ROADWAY INTERCONNECTION FROM TRACT E TO THE PROPOSED SANDY LANE RESIDENTIAL PLANNED UNIT January 24, 2023 Page 127 DEVELOPMENT TO THE NORTH WHICH IF APPROVED, WILL REPLACE THE ROADWAY CONNECTION TO POLLY AVENUE; BY ADDING ROADWAY, SIGNAGE AND MODEL HOME DEVIATIONS AND BY REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY CONSISTING OF 77.99± ACRES IS PART OF THE 168.10± ACRE PUD LOCATED AT THE WING SOUTH AIR PARK, EAST OF SANTA BARBARA BOULEVARD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO ITEMS #17B & #17C) [PL20210001253] Item #17E ORDINANCE 2023-06: ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY TO AGRICULTURAL/RURAL MIXED USE DISTRICT, BASIK DRIVE STORAGE COMMERCIAL SUB-DISTRICT TO ALLOW OUTDOOR STORAGE FOR MOBILE AND TOWABLE ITEMS INCLUDING AUTOMOBILES, BOATS, RV’S, TRAILERS, 350 OUTDOOR STORAGE SPACES, AND UNLIMITED ROOFED OR ENCLOSED STRUCTURES. FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (THIS IS A COMPANION TO ITEM #17F) January 24, 2023 Page 128 Item #17F ORDINANCE 2023-07: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM C-4-RFMUD- RECEIVING AND A-RFMUD-RECEIVING TO THE BASIK DRIVE STORAGE CPUD TO ALLOW 120,000 SQUARE FEET OF INDOOR STORAGE (UP TO 1,000 UNITS) AND 50,000 SQUARE FEET OF OFFICE/COMMERCIAL SPACE AND UP TO 350 OUTDOOR STORAGE SPACES ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF TAMIAMI TRAIL EAST AND BASIK DRIVE, WEST OF TRINITY PLACE, CONSISTING OF 13.87± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 07-332, A PARKING EXEMPTION AND RESOLUTION NO. 18-25, A CONDITIONAL USE FOR ENCLOSED MINI SELF-STORAGE WAREHOUSING AND PARTIAL REPEAL OF ORDINANCE NO. 88-61, AS TO THE PROPERTY DESCRIBED IN THIS ORDINANCE; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210000046) (THIS IS A COMPANION TO ITEM #17E) Item #17G ORDINANCE 2023-08: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE January 24, 2023 Page 129 UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE IVY MEDICAL CENTER SUBDISTRICT BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM URBAN, URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO THE URBAN-COMMERCIAL DISTRICT, IVY MEDICAL CENTER SUBDISTRICT TO ALLOW UP TO 20,000 SQUARE FEET OF COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1) USES INCLUDING MEDICAL OFFICES. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 1,970 FEET EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 3.92± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20210002122]. (THIS IS A COMPANION TO ITEM #17H) Item #17H ORDINANCE 2023-09: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY January 24, 2023 Page 130 CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1) ZONING DISTRICT FOR GENERAL OFFICE, MEDICAL OFFICE AND BUSINESS SERVICE USES ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD APPROXIMATELY 1,970 FEET EAST OF LOGAN BOULEVARD, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.92+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210002147) (THIS IS A COMPANION TO ITEM #17G) Item #17I RESOLUTION 2023-19: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY22-23 ADOPTED BUDGET Item #17J ORDINANCE 2023-10: ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REMOVE THE $25,000 MINIMUM VALUE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) BASE CREDIT IN THE RURAL FRINGE MIXED USE DISTRICT BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION January 24, 2023 Page 131 THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 2 ZONING DISTRICTS AND USES INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20200002482] ***** January 24, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:20 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL RICK LoCASTRO, CHAIRMAN ATTEST- CRYSYAL K. KINEL, CLERK 49T Ai & Attes to '? 4) 4 These minutes approved by the Board on Fr. /nary 26, 2023 , as presented vi 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. Page 132