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Agenda 5/23/2023 Item # 2C (BCC Minutes 4/25/2023 R)05/23/2023 2.0 COLLIER COUNTY Board of County Commissioners Item Number: 2.0 Doc ID: 25542 Item Summary: April 25, 2023, BCC Meeting Minutes Meeting Date: 05/23/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 05/11/2023 2:53 PM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 05/11/2023 2:53 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/16/2023 8:13 AM 05/23/2023 9:00 AM Packet Pg. 13 April 25, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 25, 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 Page 1 April 25, 2023 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 April 25, 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 AN IN- PERSON 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 BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF Page 2 April 25, 2023 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 Page 3 April 25, 2023 PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES 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 A. Invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue 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.) 3. AWARDS AND RECOGNITIONS A. Employee B. 20 Year Attendees 1) 20 Years - Concetta Disarro - Emergency Services Division - EMS Battalion Chief II C. 25 Year Attendees 1) 25 Years - David Chalick - Library - Branch Library Manager 2) 25 Years - Dana Alger - Solid and Hazardous Waste Management - Recycling Coordinator 3) 25 Years - Mary Jo Brock - County Managers Office - Management Analyst I D. 30 Year Attendees Page 4 April 25, 2023 E. 35 Year Attendees F. Advisory Board Members G. Retirees H. Employee of the Month 4. PROCLAMATIONS (All Proclamations Adopted with One Motion) A. Proclamation designating May 4, 2023, as National Day of Prayer. To be accepted by Pastor Grant Thigpen, Pastor Jesse Barrett, and other leaders of the faith community. B. Proclamation designating April 30, 2023, as National Therapy Animal Day. To be accepted by Susan Abreu and her therapy dog, "Nanny." C. Proclamation designating May 2023 as National Safe Boating Week. To be accepted by Richard Hurd, Flotilla Staff Officer-Public Affairs, Partner Visitation, US Coast Guard Auxiliary, Marco Island, Florida. D. Proclamation designating May 7 - 13, 2023, as National Correctional Officers Week. To be accepted by Sheriff Kevin Rambosk, Colonel Jim Bloom, Chief Mark Middlebrook, Captain Keith Harmon, Captain DaReece Canady, Director Katina Bouza, and other correctional officers and Naples Jail Center staff. E. Proclamation designating May 2023 as Military Appreciation Month in Collier County. To be accepted by Major Jessica R. Sterns, US Air Force (VFW Post 7721), Lee-Ann Forsythe, US Marine Corps (American Gold Star Mothers), US Army Officer Candidate Alicia Starova (Collier County Veterans Council), Tyler King, US Air Force (Parental Alientation Southwest Florida Support Group), and Laura Vieth, US Marine Corps (AVOW-Coffee with Veterans). F. Proclamation designating May 2023 as National Bike Month. To be accepted by Skip Riffle, President and Founder, Bikes for Tykes, Inc., and Olema Edwards, Director, Parks and Recreation Division. G. Proclamation designating May 2023 as National Foster Care Page 5 April 25, 2023 Awareness Month. To be accepted by Rick Jacobs, Executive Director, 4KIDS Southwest Florida. H. Proclamation designating April 2023 as National Fair Housing Month. To be accepted by Angela Edison, Director of Housing, Collier County Housing Authority. 5. PRESENTATIONS A. Recommendation to accept an update on the Paradise Coast Sports Complex from Sports Facilities Management, LLC. 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 all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance rezoning a portion of Justin’s Village to increase density, by amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes 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 Residential Multi-Family-6 (RMF-6) zoning district with a Gateway Triangle Zoning Overlay-Residential Subdistrict (GTZO-R) to a Residential Multi-Family-12 (RMF-12) zoning district with a Gateway Triangle Zoning Overlay-Residential Subdistrict (GTZO-R), to allow up to 28 total multi-family dwelling units with an affordable housing agreement on 2.33± acres of property located south of Lots 6 and 18, Breeze of Calusa Subdivision, on Justin’s Way, approximately 500 feet south of Calusa Avenue, in Section 11, Township 50 South, Range 25 East, Collier County, Florida; and by providing an effective Page 6 April 25, 2023 date. [PL20220003739] (Mike Bosi, Planning and Zoning Division Director) 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to approve a Sixth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the "Lease") with CC BSG Naples, LLC ("BigShots") to Extend the Financing Contingency Period to June 30, 2023. 11. COUNTY MANAGER'S REPORT A. Recommendation to ratify the County Manager’s awarding of Invitation to Bid (“ITB”) No. 23-8111, “Collier 2023 Emergency Berm Truck Haul and Construction, Reach A” to Phillips & Jordan, Inc., in the amount of $6,723,041.50, “Collier 2023 Emergency Berm Truck Haul and Construction, Reach B” to Earth Tech Enterprises Inc., in the amount of $8,422,934.50, authorize the Chairman to sign the attached the Agreements, approve the attached budget amendments, and make a finding that this item promotes tourism (Hurricane Ian, Project #50280) (Andrew Miller, P.E., Manager, Coastal Zone Management). B. This Item to be heard no sooner than 2:30 P.M. Recommendation to approve First Amendment to Developer Agreement with Rural Neighborhoods, Inc., to develop Housing at the former Golden Gate Golf Course. (Companion to Items #11C & #11D) (Cormac Giblin, Economic Development and Housing Division Director) C. This Item to be heard no sooner than 2:30 P.M. Recommendation to approve Collier County Standard Form Long-Term Ground Lease with Rural Neighborhoods, Inc., to develop Housing at the former Golden Gate Golf Course and authorize necessary budget amendments. (Companion to Items #11B & #11D) (Cormac Giblin, Economic Development and Housing Division Director) D. This Item to be heard no sooner than 2:30 P.M. Recommendation to approve and authorize the Chairman to sign a State Housing Initiative Partnership Sponsor Agreement between Collier County and Renaissance Hall at Old Course, LLC in the amount of $1,500,000 for Page 7 April 25, 2023 new construction of rental housing units at the Golden Gate Golf Course, and authorize the County Manager or designee to execute any and all SHIP-related restrictions for this property in accordance with this agreement and project. (Companion to Items #11B & #11C) (Kristi Sonntag, Community and Human Services Division Director) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve and authorize the Chairman to execute a Mediated Settlement Agreement with La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Riviera Golf Course. 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 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. Page 8 April 25, 2023 ---------------------------------------------------------------------------------------------------- A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of a portion of the sewer facilities for Bayshore Food and Wine Venue, PL20220008943. 2) Recommendation to approve final acceptance of the potable water and sewer facilities for Edge 75 by Watermark – Phase 1, PL20210000049, accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $32,107.76 to the Project Engineer or the Developer’s designated agent. 3) Recommendation to approve final acceptance of the potable water and sewer facilities for Edge 75 by Watermark – Phase 2, PL20210000986, accept the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $33,180.82 to the Project Engineer or the Developer’s designated agent. 4) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Esplanade by the Islands - Phase 1C, PL20200000680, and authorize the County Manager, or designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer’s designated agent. 5) 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 for Valley Stream Self Storage, PL20220001872. 6) Recommendation to approve a Resolution for final acceptance Page 9 April 25, 2023 of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Maple Ridge Phase 5B, Second Replat, Application Number PL20180000568, and authorize the release of the maintenance securities in the amount of $454,837.97. 7) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, acceptance of the plat dedications, for the final plat of Silverwood at Ave Maria (Phase 1), Application Number PL20170002303, and authorize the release of the maintenance securities in the amount of $661,265.90. 8) 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 Tree Farm, Application Number PL20180003592, and authorize the release of the maintenance security in the amount of $184,220.85. 9) Recommendation to award Invitation to Bid (“ITB”) No. 23- 8077, “Aquatic Vegetation Maintenance,” to DeAngelo Contracting Services LLC, as the primary vendor, and Superior Landscaping & Lawn Service Inc., as the secondary vendor, and authorize the Chairman to sign the attached agreements. (Estimated annual spend $350,000 Stormwater Utility Fund 103). 10) Recommendation to award Invitation to Bid ("ITB") No. 23- 8069, "Tree and Palm Maintenance," to Tree Scaping of Naples Inc., as the primary vendor, and Superior Landscaping & Lawn Service Inc., as the secondary vendor, and authorize the Chairman to sign the attached agreements. 11) Recommendation to approve an Economic Development Agreement with AZT Technology, LLC, in the sum of $40,272.80 for infrastructure expenditure for a Florida Power and Light transformer and feeder conduits, equipment feeds and grounding for a precision metal component manufacturing facility in the Interchange Activity Center No. 9 Innovation Page 10 April 25, 2023 Zone and authorize for reimbursement of these expenditures. 12) Recommendation to approve an Agreement for the purchase of a sidewalk, slope, and utility easement (Parcel 513SWUE) required for construction of improvements for the Logan Boulevard at Vanderbilt Beach Road Intersection (Project No. 60252). 13) Recommendation to authorize a budget amendment to recognize revenue and transfer funding for projects within the Transportation Supported Gas Tax Fund (313) and Transportation & CDES Capital Fund (310) in the amount of $122,648.76. (Projects #60085, #60088, #69331, #69333, #69338, and #69339) 14) Recommendation to award Fixed Fee Professional Service Agreements to Stewart Title Company, American Government Services Corporation, and Guaranteed Florida Title, Escrow & Abstract, Inc., (f/k/a Title Partners of South Florida, Inc.,) under Request for Proposal (“RFP”) No. 22-7997, “Real Estate Title & Closing Services,” and authorize the Chairman to sign the attached agreements. 15) Recommendation to approve the selection committee’s ranking and authorize staff to begin contract negotiations with Kimley- Horn and Associates, Inc., related to Request for Professional Services (“RPS”) No. 22-8053 for “Design Services for Vanderbilt Beach Road Extension Phase II,” so that staff can bring a proposed agreement back for the Board’s consideration at a future meeting. 16) Recommendation to approve the commencement of services under Agreement No. 21-7842, “Roadway Contractors,” to authorize construction of the Radio Road at Devonshire Boulevard and Countryside Drive Intersection Improvements in the amount of $773,114.25, and to authorize any necessary budget amendments. (Project #60016.47) 17) Recommendation to the purchase a Mack MD6 cab and chassis truck upfitted with a truck mounted TrafFix Device, Scorpion II Page 11 April 25, 2023 TL-3 Attenuator and a Mobile Traffic Advisory/Directional Signal Board utilizing two Florida Sheriffs Association (“FSA”) Cooperative Agreements from Nextran Truck Center under FSA22-VEH20.0 “Heavy Trucks & Buses” (cab and chassis truck) and from Striping Service and Supply, Inc., under FSA20-EQU 18.0, “Heavy Equipment." 18) Recommendation the Board of County Commissioners approve an access easement and temporary construction easement for the construction of an eight-foot concrete noise wall on two County-owned properties to abate noise from Veteran’s Memorial Boulevard in accordance with the 2006 Settlement Agreement for the Sandalwood PUD. 19) Recommendation to approve and authorize the Chairman to sign a Small County Outreach Program (SCOP) State-Funded Grant Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement up to $818,622 to construct paved shoulders on Immokalee Road (CR 846) from east of Main Street (SR 29) to east of Tradeport Parkway (FPN 449668-1-54-01, Project #60253); to execute a Resolution memorializing the Board’s action; and authorize all necessary budget amendments. 20) Recommendation to approve the attached Amendment No. Four to Agreement No. 18-7382 - Professional Services Agreement for Collier Area Transit Fixed Route, Demand Response, and Transit Operations Management Services with MV Transportation, Inc., allowing for an extension of Amendment No. Three to address staffing shortages through and including the current April 30, 2024, termination date of the Agreement, and authorizing the Chairman to sign the attached amendment. 21) Recommendation to approve and authorize the Chairman to sign a Supplemental Agreement to the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to increase ($125,000) the grant award from $467,424 to $592,424 for the construction of bike lane and shoulder improvements along 111th Avenue North from the Bluebill Avenue Bridge to 7th Street North; to adopt the Page 12 April 25, 2023 accompanying resolution formally approving and authorizing its chairman to execute same on behalf of the Board; (Project 33620), FPN 441846-1-58-01. 22) Recommendation to approve and authorize the Chairman to execute a Local Agency Program (LAP) Construction Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $983,670 for the construction of 5-foot bike lanes on Green Blvd from Santa Barbara Blvd to Sunshine Blvd; execute a Resolution memorializing the Board’s action; and authorize the necessary budget amendments (Project #33849), FPN 438093-2-58-01. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve an Agreement for Sale and Purchase with: (1) Jose F. Castillo and Jorge F. Castillo; (2) Odalys Quevedo; (3) Michael L. Toro and Patricia M. Toro, as Trustees of the Michael and Patricia Toro Revocable Joint Trust Agreement, dated April 20, 2017; and (4) Frederick P. Trofatter, Jr. and Heather B. Trofatter under the Conservation Collier Land Acquisition Program, at a cost not to exceed $175,905. 2) Recommendation to approve administrative Change Order No. 8 providing for a 90-day time extension and a $111,552.00 increase to the contract amount under Agreement No. 18-7469 with WSP USA Environment & Infrastructure Inc., for the Big Corkscrew Island Regional Park. (Project No. 80039.1.3) 3) Recommendation to approve proposal No. 10795, under Agreement No. 19-7592 Building Automation Energy Management Services, from Juice Technologies, Inc., d/b/a Plug Smart, and authorize the issuance of a purchase order in the amount of $397,226.27 to replace the proprietary N2 Johnson Controls BMS with new BACnet Reliable Controls at the Collier County Emergency Service Center. (Project No. 52162) Page 13 April 25, 2023 4) 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. 5) Recommendation to approve the Second Amendment to Agreement No. 15-6365 for “FEMA Acceptable Debris Removal for Disaster Generated Debris” with AshBritt, Inc., d/b/a AshBritt Environmental, to increase the fee schedule rates 7%, effective on the renewal date of January 12, 2023, and authorize the Chairman to sign the amendment. 6) This Item continued from the March 28, 2023, BCC Meeting. Recommendation to 1) approve the attached Agreement and Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed herein are part of and incorporated within the SDP (PL20210000655). 7) This Item continued from the December 10, 2022, BCC Meeting. Recommendation to approve an Agreement for Sale and Purchase with WISC Investment Company, LLC, for 0.39 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $432,600. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to authorize a Budget Amendment in the amount of $100,000 to transfer funding within the County- Wide Capital Fund (301) to continue funding eBook collections to meet patron demand for digital resources and materials for Collier County Public Libraries. 2) Recommendation to approve a Release of Lien in the amount of Page 14 April 25, 2023 $7,051.70 for full payment of an Immokalee Area Residential Impact Fee Deferral approved as part of an impact fee deferral program for properties located within the Immokalee Enterprise Zone. 3) Recommendation to approve the resurfacing of Twenty (20) additional Pickleball Courts at East Naples Community Park and to make a finding that this expenditure promotes tourism. There is no additional fiscal impact as the original funded amount is sufficient to include resurfacing of the additional courts. 4) Recommendation to authorize Staff to submit an application to the Florida Fish and Wildlife Conservation Commission’s Invasive Plant Management Section to be eligible to receive funding assistance services, worth $280,000 in FY 2024, for the removal of invasive exotic vegetation within Conservation Collier’s North Belle Meade, Winchester Head, and Red Maple Swamp Preserves, and to authorize staff to accept such funding assistance services, if awarded. 5) Recommendation to accept the Conservation Collier Annual Report, the Public Access and Preserve Amenities Report, and an update on the Program’s recent and pending acquisitions. 6) Recommendation to approve an “After-the-Fact” Amendment 2 with Area Agency on Aging for Southwest Florida, Inc., for the Emergency Home Energy Assistance Program to authorize FY2022 funding for the EHEAP 203.21 Agreement to increase the award amount of $100,000 with revision to the Budget Summary for FY21 & FY22 and the supporting Budget Amendment. (Human Services Grant Fund 707) 7) Recommendation to promote economic development in local agriculture via a $5,000 sponsorship of the Collier County Farm Bureau 2nd Annual AgVenture and Rodeo event organized by the Collier County Farm Bureau. (Economic Development Fund 007) 8) Recommendation to approve the Conservation Collier HHH Page 15 April 25, 2023 Ranch Preserve 2-year Interim Management Plan under the Conservation Collier Program and to name the property North Belle Meade Preserve. 9) Recommendation to approve the “After-the-Fact” submittal of a grant application for a four-year Bureau of Justice Assistance (BJA) Drug Court Discretionary Grant in the amount of $1,000,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the administrative report prepared by the Procurement Services Division for various County Division's After-the-Fact purchases requiring Board approval in accordance with Procurement Ordinance 2017-08 and the Procurement Manual, as well as, to approve the payment of $5,404.95 in expenditures that have been incurred that were out of compliance with the contracts or procurement requirements for associated invoices that have not been paid. 2) Recommendation to authorize one additional Full Time Equivalent (FTE) position in the Collier County Fleet Management Division. 3) Recommendation to approve Agreement #23-001-NS with United Data Technologies, Inc., for additional professional services pertaining to the installation of the Cisco Phone System upgrade using General Services Administration (“GSA”) contract #GS-35F-538GA (professional services). F. COUNTY MANAGER OPERATIONS 1) Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport) for the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee; authorize the Chairman to sign the permit and certificate; and recognize and accept the $250 application fee within Fund 001. Page 16 April 25, 2023 2) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2022-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) 3) Recommendation to approve a Fifth Amendment to the Facilities Management Agreement 21-7898 with Sports Facilities Management, LLC to amend the budget to reflect the increased cost of goods from $488,928 to $889,365, increased revenues from $1,389,743 to $1,922,474, authorize the Chairman to sign the amendment and authorize all necessary budget amendments. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a budget amendment recognizing a Florida Department of State, Division of Elections, 2022/2023 Election Security Funds Grant Award in the amount of $118,610. 2) 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 March 30, 2023, and April 12, 2023, pursuant to Florida Statute 136.06. 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of April 19, 2023. K. COUNTY ATTORNEY Page 17 April 25, 2023 1) Recommendation to reappoint two members to the Animal Services Advisory Board. 2) Recommendation to approve a Stipulated Final Judgment in the total amount of $8,600 plus $8,513.36 in statutory attorney fees, litigation costs, apportionment attorneys’ fees, and experts’ fees and costs for the taking of Parcel 1268RDUE required for the Vanderbilt Beach Road Extension Project No. 60168, and an amount not to exceed $3,000 for additional apportionment costs if needed for the taking of Parcel 1268RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. 3) Recommendation to approve a Stipulated Final Judgment in the total amount of $10,350 plus $7,655.92 in statutory attorney fees, litigation costs, apportionment attorneys’ fees, and experts’ fees and costs for the taking of Parcel 1267RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. 4) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Roy Garcia in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $5,743.11 in damages incurred by the County for repairs to a foxtail palm, park bench and trash receptacle, plus costs of litigation 5) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Ashley Angelica Hernandez and Marta Rebeca Hernandez Garcia in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for the repair of Collier County property totaling $7,710.14, plus costs of litigation. 6) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Rachel Jimenez Lopez in the County Court of the Twentieth Judicial Circuit in and for Collier Page 18 April 25, 2023 County, Florida, to recover damages for the repair of Collier County property totaling $7,956.38 plus costs of litigation. 7) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Michael Lavery and Mason Tyler Morgan in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair to the security gate and fence at the South County Regional Water Treatment Plant located at 3875 City Gate Drive the totaling $4,400, plus costs of litigation. ---------------------------------------------------------------------------------------------------- 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. 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 and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) zoning district and eliminate the Activity Center #9 Overlay zoning district, and establish uses, boundaries, and design standards, 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 One General Provisions, including Section 1.08.01 Abbreviations; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design Page 19 April 25, 2023 and Development Standards, including Section 4.02.23 Same - Development in the Activity Center #9 Zoning District; and Chapter Five Supplemental Standards, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200002400] (Second of two hearings) (This is a companion to Item #17B) B. Recommendation to Adopt PL20190000821 -GMPA- Collier Boulevard/Interstate 75 Innovation Zone Overlay - An Ordinance of the Board of County Commissioners amending Ordinance 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 to add the Collier Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain qualified targeted industry business; to correct a Scrivener's error in the Activity Center #9 inset map; and Furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is located at the intersections of Collier Boulevard and Interstate 75, and Collier Boulevard and Davis Boulevard, in Sections 34, 35 and 36, Township 49 South, Range 26 East, and Sections 2 and 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1,236± acres. [PL20190000821] (This is a companion Item to #17A) C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) D. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve Petition VAC-PL20220000374 to disclaim, renounce and vacate the County and the public interest in two unimproved 30-foot- wide public right-of-ways described as Avenue “B” and First Street, according to the COL-LEE-CO TERRACE subdivision plat, as recorded in Plat Book 1, Page 32, of the Public Records of Collier County, Florida. The subject property is located on the south side of U.S. 41 between Fredrick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida; and to Page 20 April 25, 2023 approve a Developer Agreement with TB East Trail LLC (Developer) and Collier County (County) to provide $528,431.35 for a stormwater management improvement between Spruce Street and Pine Street. E. A Resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the US 41 East Overlay to allow certain economic development uses within the Corridor segments; and, allow increased height and density, and certain economic development uses in Regional Centers and Community Centers through incentives, and amending the Transportation Element and maps to expand the South US 41 Transportation Concurrency Exception Area, and furthermore directing transmittal of the proposed amendment to the Florida Department of Economic Opportunity. [PL20230000930] F. An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Future Land Use Element and the Future Land Use Map and map series to require transfer of development rights for comprehensive plan amendments for increased residential density in the Urban Mixed Use District and the Rural Fringe Mixed Use District; amending the Urban Mixed Use District, Urban Residential Fringe Sub-district to remove the density bonus cap on Residential In-Fill and remove the requirement to use transfer of development rights within one mile of the urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, increase density on Receiving Lands for affordable housing, add transfer of development rights credits, add uses in Receiving Areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for rural villages; and create the Belle Meade Hydrologic Enhancement Overlay; and to correct the scrivener's error for the Immokalee Road Rural Village Overlay on the Future Land Use Map; and furthermore, directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity and providing for an effective date. [PL20200002234] Page 21 April 25, 2023 18. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252- 8383. April 25, 2023 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Good morning, everybody. How are you? COMMISSIONER McDANIEL: We are well, sir. You? CHAIRMAN LoCASTRO: All right. Great. I said, "Good morning, everybody. How are you?" GALLERY: Good morning. CHAIRMAN LoCASTRO: Yeah. Olema, I'm talking to you. Give me a big hello. There you go. Follow her lead. Okay. Glad you're here. We've got a lot of business to get to today. So let's start with our invocation and then our Pledge. MS. PATTERSON: Yes. Today's invocation by Rabbi Ammos Chorny of Beth Tikvah Synagogue. Item #1A INVOCATION BY RABBI AMMOS CHORNY OF BETH TIKVAH SYNAGOGUE INVOCATION GIVEN RABBI CHORNY: Good morning. Before my remarks today, I want to acknowledge a personal milestone. Today marks 10 years since I've been given the honor of coming before you and fulfilling this important duty. To you-all, I thank you. Dear members of the County Commission and fellow citizens, as we assemble here today to conduct the business of our community, let us take a moment to reflect on the responsibility we bear to serve our fellow citizens with fairness and dedication towards the betterment of the community. Master of the universe, we ask you for guidance and wisdom, that in a spirit of cooperation and mutual respect, we be able to set April 25, 2023 Page 3 aside our differences, striving in concert and mutual respect toward our common goals and reach the important decisions we are called to make which impact the lives of so many of maintaining a safe, prosperous, and equitable environment for all. Let us be mindful of the challenges we face in the opportunities that lie ahead. Let us be inspired to rise to the occasion to make a positive difference in the lives of those we serve. We offer this prayer in the spirit of humility and gratitude, recognizing the great privilege and responsibility that comes with the honor of serving our community. Amen. CHAIRMAN LoCASTRO: One of our proclamations this morning is going to be to recognize National Correctional Officers Week. And I know we've got a bunch in the back, but we're going to have one of our correctional officers come forward here and lead us in the Pledge. Is it Chief Roberts? CHIEF ROBERTS: Yes, sir. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: Thank you, Chief. Okay. County Manager, over to you. Approval of minutes? 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 KOWAL; SECONDED BY COMMISSIONER MCDANIEL - APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Chair, agenda changes for April 25th, 2023. We have several. April 25, 2023 Page 4 We have -- first is move Item 17E to 9B. This is a resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan Ordinance 89-05, as amended, specifically amending the Future Land Use Elements and Future Land Use Map and Map Series to add the U.S. 41 East Overlay to allow certain economic development uses within the corridor segments; and allow increased height and density and certain economic development uses in regional centers and community centers through incentives; and amending the Transportation Element and maps to expand the south U.S. 41 Transportation Concurrency Exception Area; and, furthermore, directing transmittal of the proposed amendments to the Florida Department of Economic Opportunity. This item is being moved to the regular agenda at Commissioner LoCastro, McDaniel, Hall, Kowal, and Saunders' separate requests. Moving Item 17F to 9C. This is an ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed-Use District Restudy and specifically amending the Future Land Use Element and the Future Land Use Map and Map Series to require transfer of development rights for Comprehensive Plan amendments for increased residential density in the Urban Mixed-Use District and the Rural Fringe Mixed-Use District; amending the Urban Mixed-Use District Urban Residential Fringe Sub-District to remove the density bonus cap on residential infill; and remove the requirement to use transfer of development rights within one mile of the urban boundary; and amending the Rural Fringe Mixed-Use District of the Future Land Use Element to change development standards and requirements, increase density on receiving lands for affordable housing, add transfer of the development right credits, add uses in April 25, 2023 Page 5 receiving areas, and add a conditional use for recreation in sending lands, and to amend development standards for rural villages; and create the Belle Meade Hydraulic Enhancement Overlay; and to correct the scrivener's error for the Immokalee Road Rural Village Overlay on the Future Land Use Map; and, furthermore, directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity, and providing for an effective date. This item is being moved at Commissioner McDaniel, Commissioner Hall, and Commissioner Hall's [sic] separate requests. Move Item 16C7 to 11E. This item was continued from the December 10th, 2022, BCC meeting. This is a recommendation to approve an agreement for sale and purchase with WISC Investment Company, LLC, for .39 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $432,600. This move is at staff's request. Move Item 16F3 to 11F. This is a recommendation to approve a fifth amendment to the Facilities Management Agreement 21-7898 with Sports Facilities Management, LLC, to amend the budget to reflect increased cost of goods from 488,928 to 889,365; increase revenues from 1,389,743 to 1,922,474; and authorize the Chairman to sign the amendment; and authorize all necessary budget amendments. This item is being moved at Commissioner McDaniel and Commissioner LoCastro's separate requests, and this item will be heard immediately following Item 5A, which is our update on the sports complex. Move Item 16C5 to 11G. This is a recommendation to approve the second amendment to Agreement No. 15-6365 for FEMA-acceptable debris removal for disaster-generated debris with AshBritt, Inc., doing business as AshBritt Environmental, to increase the fee schedule rates 7 percent effective on the renewal date of January 12th, 2023, and authorize the Chairman to sign the April 25, 2023 Page 6 amendment. Item 10A will be heard time-certain at 10:00 a.m. This is a recommendation to approve a sixth amendment to the long-term lease and operating agreement for the golf and entertainment complex with CCBSG Naples, LLC, to extend the financing contingency period to June 30th, 2023. Item 12A to be heard no sooner than 3:00. This is a recommendation to approve and authorize the Chairman to execute a mediated settlement agreement with La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., for settlement of a Bert Harris claim filed pursuant to Florida Statute 70.001, related to application of the county's Golf Course Conversion Ordinance on the Riviera Golf Course. And let's see. Oh, sorry. Continue Item 16D1 to the May 29th, 2023, BCC meeting. This is a recommendation to authorize a budget amendment in the amount of $100,000 to transfer funding within the countywide Capital Fund 301 to continue funding eBook collections to meet patron demand for digital resources and materials for Collier County Public Libraries. This move is at Commissioner McDaniel's request. And, finally, Items 11B, 11C, and 11D will be heard together no sooner than 2:30 p.m. This is a first amendment to the developer agreement with Rural Neighborhoods, long-term ground lease with Rural Neighborhoods, and State Housing Initiative Partnership sponsor agreements for construction of rental housing units at the Golden Gate Golf Course. With that, County Attorney, any further changes? MR. KLATZKOW: No. Thank you, ma'am. MS. PATTERSON: Commissioners, ex parte on the summary and consent and any changes. Commissioner LoCastro. April 25, 2023 Page 7 CHAIRMAN LoCASTRO: We'll start with Commissioner Kowal. Do you have any changes or ex parte? COMMISSIONER KOWAL: No changes and no ex parte on summary or consent. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I have no changes and also no ex parte. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I have one meeting on 9A, and none on 17A. COMMISSIONER McDANIEL: Consent and summary only. COMMISSIONER HALL: Oh. None then. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: No changes nor any ex parte. CHAIRMAN LoCASTRO: Okay. And I have no changes and no ex parte either. We accept the agenda and the minutes. MS. PATTERSON: Can I get a motion to approve the agenda as amended? CHAIRMAN LoCASTRO: Motion to approve. COMMISSIONER McDANIEL: Motion -- second. CHAIRMAN LoCASTRO: Okay. Motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Next? April 25, 2023 Page 8 MS. PATTERSON: Troy, did we have a speaker on the -- MR. MILLER: We had a registered speaker for our consent item, but they're not on Zoom at this point. MS. PATTERSON: Okay. Thank you. CHAIRMAN LoCASTRO: One thing I just want to say to my colleagues and really to folks -- you know, we've got a large crowd here, and sometimes maybe you haven't been at every single meeting. I want to really thank my colleagues for, as they always do, really diving into the agenda. And when something is moved as a change and pulled off -- pulled off of summary or consent, oftentimes it means one of us or all of us have an issue and can -- summary or consent just takes one vote, and then it approves what appears to be, like, a million things. Kind of like they do in Washington, D.C. We don't do that here. And so, you know, I really applaud all the commissioners for -- when they see something on the agenda that they have a lot of questions on, they pull it. But also at times we pull things because we want to give it positive visibility. Rather than just a blanket vote and say, oh, we just approved some great and wonderful thing, we pull it because we want to discuss it. We want to thank staff. We also do want to give public any comment. But they're pulled for two totally separate reasons. But I actually like when I see a big change sheet, because it means we've all dug into it, we've all read it, and we're all here to talk about it, and we're not trying to get out by lunch. We're trying to do the work of the county. So as we've got a lot of things that we pulled today for various reasons, and I appreciate it. COMMISSIONER McDANIEL: Some of us trying to get out by lunch. CHAIRMAN LoCASTRO: Okay. Well, maybe April 25, 2023 Page 9 Commissioner McDaniels [sic], but -- so I thank you-all for digging into that. We've got some real hot topics. With a large crowd, too, I also want to say, please silence your cell phones, okay. Some of you might not come in here a lot. So we don't want to hear, you know, all your different, you know, songs and what have you. And then also, we expect to have a lot of public speakers on different areas today. We keep this a very professional type of meeting. So it's not The Jerry Springer Show, okay. So when somebody gets their three minutes up here, give them the respect that you are hoping to get when you get your three minutes up here. So there's not cheering and hooting and hollering and whatnot. We don't do that anymore, okay. We run a professional meeting. We want to hear from everybody on all sides so that we can render the best decision for the county. And it will always be something that not everyone agrees with. But the one thing we all want to agree with is this is a professional meeting from professional people that are respectful regardless of what your side of the equation is. So we really appreciate that. And, you know, we've had some really, really great fruitful and valuable meetings in here on some real heavy and controversial topics. But I really thank the folks that have sat in those seats before you who have done just that. So we want to continue that trend, and we don't want to hear your Happy Birthday song on your cell phone, you know, if it goes off or whatnot. So we appreciate that as well. Thank you. All right. What's next? MS. PATTERSON: Commissioners, that moves us to awards and recognitions. Our 20-year awardee is not here today, so we will try to catch her on the next meeting. SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting April 25, 2023 Move Item 17E to 9B: A Resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89‐05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the US 41 East Overlay to allow certain economic development uses within the Corridor segments; and, allow increased height and density, and certain economic development uses in Regional Centers and Community Centers through incentives, and amending the Transportation Element and maps to expand the South US 41 Transportation Concurrency Exception Area, and furthermore directing transmittal of the proposed amendment to the Florida Department of Economic Opportunity. [PL20230000930] (Commissioner LoCastro’s, McDaniel’s, Hall’s, Kowal’s, and Saunders’ Separate Requests) Move Item 17F to 9C: An Ordinance of the Board of County Commissioners amending Ordinance 89‐05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Future Land Use Element and the Future Land Use Map and map series to require transfer of development rights for comprehensive plan amendments for increased residential density in the Urban Mixed Use District and the Rural Fringe Mixed Use District; amending the Urban Mixed Use District, Urban Residential Fringe Sub‐district to remove the density bonus cap on Residential In‐Fill and remove the requirement to use transfer of development rights within one mile of the urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, increase density on Receiving Lands for affordable housing, add transfer of development rights credits, add uses in Receiving Areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for rural villages; and create the Belle Meade Hydrologic Enhancement Overlay; and to correct the scrivener's error for the Immokalee Road Rural Village Overlay on the Future Land Use Map; and furthermore, directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity and providing for an effective date. [PL20200002234] (Commissioner McDaniel’s and Hall’s Separate Requests) Move Item 16C7 to 11E: *** This Item continued from the December 10, 2022 BCC Meeting. *** Recommendation to approve an Agreement for Sale and Purchase with WISC Investment Company, LLC, for 0.39 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $432,600. (Staff’s Request) Move Item 16F3 to 11F: Recommendation to approve a Fifth Amendment to the Facilities Management Agreement 21‐7898 with Sports Facilities Management, LLC to amend the budget to reflect the increased cost of goods from $488,928 to $889,365, increased revenues from $1,389,743 to $1,922,474, authorize the Chairman to sign the amendment and authorize all necessary budget amendments. (Commissioner McDaniel’s and Locastro’s Separate Requests)  Item 11F formerly 16F3 to be heard immediately following 5A: (Commissioner McDaniel’s request) Move Item 16C5 to 11G: Recommendation to approve the Second Amendment to Agreement No. 15‐6365 for “FEMA Acceptable Debris Removal for Disaster Generated Debris” with AshBritt, Inc., d/b/a AshBritt Environmental, to increase the fee schedule rates 7%, effective on the renewal date of January 12, 2023, and authorize the Chairman to sign the amendment. (Commissioner McDaniel’s Request) Item 10A to be heard at 10:00 AM: Recommendation to approve a Sixth Amendment to the Long‐Term Lease and Operating Agreement for the Golf and Entertainment Complex (the "Lease") with CC BSG Naples, LLC ("BigShots") to Extend the Financing Contingency Period to June 30, 2023. (Commissioner Saunders’ Request) Item 12A to be heard no sooner than 3:00 PM: Recommendation to approve and authorize the Chairman to execute a Mediated Settlement Agreement with La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Riviera Golf Course. (Staff’s Request) Continue Item 16D1 to the May 9, 2023, BCC Meeting: Recommendation to authorize a Budget Amendment in the amount of $100,000 to transfer funding within the County‐Wide Capital Fund (301) to continue funding eBook collections to meet patron demand for digital resources and materials for Collier County Public Libraries. (Commissioner McDaniel’s Request) Notes: TIME CERTAIN ITEMS: Item 11F formerly 16F3 to be heard immediately following 5A: Fifth Amendment to the Management Agreement with Sports Facilities Management, LLC to amend for cost of goods sold. Item 10A to be heard at 10:00 AM: Sixth Amendment to the Long-Term Lease and Operating Agreement with CC BSG Naples LLC. Items 11B, 11C, and 11D to be heard no sooner than 2:30 PM: First Amendment to Developer Agreement with Rural Neighborhoods, Long-Term Ground Lease with Rural Neighborhoods, and State Housing Initiative Partnership Sponsor Agreement for construction of rental housing units at the Golden Gate Golf Course. Item 12A to be heard no sooner than 3:00 PM: Mediated Settlement Agreement for settlement of a Bert Harris Claim regarding the Riviera Golf Course. 5/15/2023 10:42 PM April 25, 2023 Page 10 Item #3A AWARDS AND RECOGNITIONS - 25 YEARS ATTENDEES - DAVID CHALICK, LIBRARY BRANCH LIBRARY MANAGER DANA ALGER - SOLID AND HAZARDOUS WASTE MANAGEMENT - RECYCLING COORDINATOR, MARY JO BROCK - COUNTY MANAGERS OFFICE – MANAGEMENT ANALYST I - PRESENTED So that moves us to 25 years. Our first 25-year attendee is David Chalick, Library, Branch Library Manager. COMMISSIONER McDANIEL: How about that? (Applause.) MS. PATTERSON: Congratulations. CHAIRMAN LoCASTRO: Right here, sir. Right here in the position of honor. Right here. COMMISSIONER HALL: Picture time. CHAIRMAN LoCASTRO: Shall we quiz him on that? Dewey Decimal System and all that, right? You should be an expert on that, right? Hey, congratulations. (Applause.) MS. PATTERSON: Twenty-five years, Dana Alger, Solid and Hazardous Waste Management, Recycling Coordinator. (Applause.) CHAIRMAN LoCASTRO: Congratulations. MS. PATTERSON: Twenty-five years, Mary Jo Brock, County Manager's Office, Management Analyst I. (Applause.) CHAIRMAN LoCASTRO: This young lady could tell some stories. Would you like the mic? Would you like to tell us a few April 25, 2023 Page 11 things about anybody? You have to take it to the grave. Thanks, Mary Jo. (Applause.) MS. PATTERSON: That brings us to Item 4 proclamations. Item #4A PROCLAMATION DESIGNATING MAY 4, 2023, AS NATIONAL DAY OF PRAYER. ACCEPTED BY PASTOR GRANT THIGPEN, PASTOR JESSE BARRETT, AND OTHER LEADERS OF THE FAITH COMMUNITY. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: 4A is a proclamation designating May 4th, 2023, as National Day of Prayer. To be accepted by Pastor Grant Thigpen, Pastor Jesse Barrett, and other leaders of the faith community. (Applause.) CHAIRMAN LoCASTRO: We're giving him this to try to reenergize him; you know, get him involved in stuff. Pastor, would you like to say a couple of words of wisdom or give us something? Come on, you always have something, right? If you'd go to the podium there, if you'd like -- PASTOR THIGPEN: I'd rather do it in private. CHAIRMAN LoCASTRO: Oh, our confessions? PASTOR THIGPEN: We pray for all of you, men and ladies as well. CHAIRMAN LoCASTRO: Thank you. COMMISSIONER McDANIEL: Thank you. CHAIRMAN LoCASTRO: Thank you, sir. April 25, 2023 Page 12 PASTOR THIGPEN: Thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING APRIL 30, 2023, AS NATIONAL THERAPY ANIMAL DAY. ACCEPTED BY SUSAN ABREU AND HER THERAPY DOG, "NANNY." MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: Item 4B is a proclamation designating April 30th, 2023, as National Therapy Animal Day. To be accepted by Susan Abreu and her therapy dog, Nanny. (Applause.) Item #4C PROCLAMATION DESIGNATING MAY 2023 AS NATIONAL SAFE BOATING WEEK. ACCEPTED BY RICHARD HURD, FLOTILLA STAFF OFFICER-PUBLIC AFFAIRS, PARTNER VISITATION, US COAST GUARD AUXILIARY, MARCO ISLAND, FLORIDA. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: Item 4C is a proclamation designating May 2023 as National Safe Boating Week. To be accepted by Richard Hurd, flotilla staff officer, public affairs, partner visitation, and other distinguished guests, the U.S. Coast Guard Auxiliary, Marco Island, Florida. April 25, 2023 Page 13 (Applause.) CHAIRMAN LoCASTRO: Gentlemen, if anybody wants to say a few words; all up to you. Okay. Keep moving. Item #4D PROCLAMATION DESIGNATING MAY 7 - 13, 2023, AS NATIONAL CORRECTIONAL OFFICERS WEEK. ACCEPTED BY SHERIFF KEVIN RAMBOSK, COLONEL JIM BLOOM, CHIEF MARK MIDDLEBROOK, CAPTAIN KEITH HARMON, CAPTAIN DAREECE CANADY, DIRECTOR KATINA BOUZA, AND OTHER CORRECTIONAL OFFICERS AND NAPLES JAIL CENTER STAFF. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Item 4D is a proclamation designating May 7th through 13th, 2023, as National Correctional Officers Week. To be accepted by Chief Chris Roberts, Chief Mark Middleton, Captain Keith Harmon, Captain DaReece Canady, Director Katina Bouza, and other correctional officers and Naples Jail Center staff. (Applause.) CHAIRMAN LoCASTRO: You never want to know these people on a first-name basis. We thank them for what they do, right? (Applause.) MR. MIDDLEBROOK: Mr. Chairman, Commissioners, I'm Chief Middlebrook on behalf of Sheriff Rambosk, Undersheriff Bloom, who are both tied up with Senator Scott, I want to thank you for this recognition. This recognition is for more than 300 April 25, 2023 Page 14 hardworking, dedicated professional members of the corrections division. They are the best, because this county deserves the best. While we do a formal proclamation for one week, know that we appreciate their efforts every day. Thank you. CHAIRMAN LoCASTRO: Thank you. COMMISSIONER McDANIEL: Amen. (Applause.) Item #4E PROCLAMATION DESIGNATING MAY 2023 AS MILITARY APPRECIATION MONTH IN COLLIER COUNTY. ACCEPTED BY MAJOR JESSICA R. STERNS, US AIR FORCE (VFW POST 7721), LEE-ANN FORSYTHE, US MARINE CORPS (AMERICAN GOLD STAR MOTHERS), US ARMY OFFICER CANDIDATE ALICIA STAROVA (COLLIER COUNTY VETERANS COUNCIL), TYLER KING, US AIR FORCE (PARENTAL ALIENTATION SOUTHWEST FLORIDA SUPPORT GROUP), AND LAURA VIETH, US MARINE CORPS (AVOW-COFFEE WITH VETERANS). MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: Item 4E is a proclamation designating May 2023 as Military Appreciation Month in Collier County. To be accepted by Major Jessica R. Stearns, U.S. Air Force, VFW Post 7721; U.S. Army Officer Candidate Alicia Starova, Collier County Veterans Council; Tyler King, U.S. Air Force Parental Alienation Southwest Florida Support Group; and Laura Vieth, U.S. Marine Corps, Avow Coffee with Veterans. (Applause.) April 25, 2023 Page 15 MAJOR STEARNS: On behalf of all the veterans groups, Collier County -- which I'm active with most of them -- and I want to thank you for all of your support and continued future support, because we have many veterans who are in need of shelter, in need of healing, and we do need that assistance. So thank you very much again for this honor. CHAIRMAN LoCASTRO: Thanks, Major. (Applause.) Item #4F PROCLAMATION DESIGNATING MAY 2023 AS NATIONAL BIKE MONTH. ACCEPTED BY SKIP RIFFLE, PRESIDENT AND FOUNDER, BIKES FOR TYKES, INC., AND OLEMA EDWARDS, DIRECTOR, PARKS AND RECREATION DIVISION. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: 4F is a proclamation designating May 2023 as National Bike Month. To be accepted by Skip Riffle, president and founder, Bikes for Tykes, Inc. (Applause.) MR. RIFFLE: This is Dave Pascale, my vice president. THE PHOTOGRAPHER: Can you take one step. COMMISSIONER McDANIEL: Not that big a step. MR. RIFFLE: I only have one leg to do it on. CHAIRMAN LoCASTRO: Yeah. Give the guy a break. MR. RIFFLE: Thank you, all. (Applause.) CHAIRMAN LoCASTRO: Sir, did you want to say anything or -- it's totally up to you? April 25, 2023 Page 16 COMMISSIONER McDANIEL: To the mic. MR. RIFFLE: Bikes for Tykes has been serving Collier County now for 39 years. We've given away over 43,000 bikes to those in need. And we've noticed that on the weekends, you see all these lines of bicycles shooting down our road, but you don't see any family units. So on May the 14th at Sugden Park, we're putting on a bicycle event where families can come out and ride around and experience the wonders of our Sugden Park. And please tell your friends, and we hope to see you all out there having fun. Thank you. (Applause.) Item #4G PROCLAMATION DESIGNATING MAY 2023 AS NATIONAL FOSTER CARE AWARENESS MONTH. ACCEPTED BY RICK JACOBS, EXECUTIVE DIRECTOR, 4KIDS SOUTHWEST FLORIDA. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: Item 4G is a proclamation designating May 2023 as National Foster Care Awareness Month. To be accepted by Rick Jacobs, executive director, 4KIDS Southwest Florida. (Applause.) CHAIRMAN LoCASTRO: Rick, did you want to say anything, if you'd like? MR. JACOBS: Sure. CHAIRMAN LoCASTRO: Totally up to you. April 25, 2023 Page 17 MR. JACOBS: On behalf of all the foster care organizations, we're honored to serve this great community of Southwest Florida. At 4KIDS, we focus on hope, homes, and healing. So hope is that aspect of getting in on the front end and trying to keep families together before they enter foster care. Homes is obvious. We want to provide a home for every child that enters foster care in our community. Twenty-seven children yesterday morning needed a home. And then healing, providing trauma-informed therapy to those kids that enter care and providing that hope and healing for their families as well. So we thank you for the privilege of serving the less fortunate of this community. (Applause.) Item #4H PROCLAMATION DESIGNATING APRIL 2023 AS NATIONAL FAIR HOUSING MONTH. ACCEPTED BY ANGELA EDISON, DIRECTOR OF HOUSING, COLLIER COUNTY HOUSING AUTHORITY. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - ADOPTED MS. PATTERSON: 4H is a proclamation designating April 2023 as National Fair Housing Month. To be accepted by Angela Edison, director of Housing, Collier County Housing Authority. (Applause.) COMMISSIONER McDANIEL: Angie, do you want to say something? MS. EDISON: On the behalf of Collier County Housing April 25, 2023 Page 18 Authority, we want to thank you so very much. It's a true honor, because -- this is special because we actually practiced this. And that's -- that speaks volumes for our county. So we thank you so very much for your support. Thank you. (Applause.) MS. PATTERSON: Commissioners, if we could get a motion to approve the proclamations, please. COMMISSIONER SAUNDERS: So moved. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Okay. Motion and second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MS. PATTERSON: Thank you. Item #5A AN UPDATE ON THE PARADISE COAST SPORTS COMPLEX FROM SPORTS FACILITIES MANAGEMENT, LLC. PRESENTED MS. PATTERSON: Item 5A is a recommendation to accept an update on the Paradise Coast Sports Complex from Sports Facilities Management, LLC. Mr. Adrian Moses is here to present. Oh. Sorry, Adrian. Are April 25, 2023 Page 19 we having somebody else up? Okay. MR. MOSES: No. Good morning, everyone. Good morning, my name is Adrian Moses, general manager for the Paradise Coast Sports Complex on behalf of Sports Facilities Companies. It's my honor to serve at the pleasure of the -- of Collier County running the sports complex. I wanted to come here today to share with the commissioners and with the rest of the county, quite simply, the remarkable success that we've had this fiscal year so far with a year that literally started with a hurricane. The facility was fully booked in October and, unfortunately, we had to cancel everything in October. That didn't hold us back. We went after things that had been displaced by the hurricane and helping out our friends and colleagues in Lee County as well. We were able to rebook the facility in October and actually do more than we had projected to do in October. So I guess I should flip this on. So what essentially could have been seen as a challenge to the start of the year, we saw it as an opportunity. And that's really the theme of what I'm going to present to you guys today is that every opportunity that presents itself to us, we track it down, and we see if we can make something of it. And you'll see that we've been pretty successful with that. Troy, am I -- MR. MILLER: You should. We can't have that. MR. MOSES: Okay, thank you. The first slide shows the increase in foot traffic at the complex on year to date. You may recall that we took over the management of the facility a week before Thanksgiving in 2021. In that first year, we -- we made a million dollars in revenue, and we also saved the county over a million dollars in the subsidy on the previous operating year with the previous operating company. April 25, 2023 Page 20 So we're showing numbers against ourselves now even though that first full year we inherited a lot of contracts and a lot of agreements and a lot of gaps in the schedule as well, which we did our best to fill. And you can see that the increase in the foot traffic has increased based upon our robust calendar that we booked so far this year. What I would also add here is that a lot of the larger tournaments that we have, we utilize Olema and James' team to use the other county parks in Collier, Big Corkscrew Swamp and North Collier. We only have five fields available to us, so there's eight at North Collier. So when we do these large tournaments, we don't see the foot traffic at the complex even though we have brought the foot traffic to Collier County, and we put people in the hotels for those events. So that is a good indication of the amount of people that are coming to the complex both during the week with our local programming, our standard community events that we do around the holidays, plus the weekly events that I'll share with you-all, if you don't already know that, a bit later. As I mentioned, it was a difficult start to the year in terms of the weather for everyone. We were used as a site for law enforcement and a rescue and recovery service. We supported law enforcement agencies from around -- around the state, which we were happy to do, we were proud to do. We were able to get the Piece River Conference football championships playoffs which were going to be elsewhere, but we lent ourselves to them because all of the events that we had had to cancel because the hotels that -- in the area were being used to take on the people coming to help us, the workers that were helping us. It was quite -- quite a fun time as well. We had a wedding that was taken from an event venue in Lee County, and we did that with April 25, 2023 Page 21 us, and we also got ourselves back to normality. There was very little in the way of damage to the complex. We literally could have been open the next day after the -- after the storm, and we were for the law enforcement agencies. But save a gate and an awning and a few dented benches, that was -- that was it for us. So we were very, very fortunate for that. And that also comes down to a very robust plan that was put in place by my operations director through our operating manual of preparing the facility for -- for such a storm to limit any impacts of that. Into November, we had essentially what was our largest event that we've ever had was the DSNAP event over three days of the Florida Families -- I can't remember the name off the top of my head. But we had a food stamp collection event where we saw 33,000 families come to the sports complex to redeem and collect food stamps after the storm. We then moved into -- into more normality. Alliance Cup was an over-200-team soccer tournament, and then the Gulf Coast Runners Thanksgiving 5K, which is traditionally in the City of Naples, was relocated to us with over three and a half thousand runners on-site enjoying the complex on Thanksgiving morning. That was a really fun event and one that we can look to replicate. Into December, and it began in an incredibly busy way with us partnering with our colleagues at the Parks and Rec Department with SnowFest. We sold 3,500 tickets to this event, and then we had an additional 3,000 walk up, for a total of six and a half thousand people for Collier County SnowFest. This was in the stadium, featuring snow, vendors, bounce houses for the kids, music, and we also showed a movie, which I'll come to later, on the big screen. We moved into the rest of the month hosting our partner's, FBU's, National Championships, which is always a superb event, and April 25, 2023 Page 22 we showed our flexibility and our partnership with the Parks and Recs Department as well by what, ostensibly, is our largest event. During the same week, we also hosted a Perfect Game baseball event at North Collier as well. We went from football to lacrosse to small-sided soccer all within two weeks, rotating the facility. That comes at a high cost, and we wouldn't have done that had we not seen the revenue return from that. And December was our record month in terms of revenue that was -- that was created. Total revenue. You'll hear me say "record month" most times. It's because we're beating the record January, we're beating the record February, we're beating the record March, and we're going to beat the record April. Into the new year, and one of the challenges that we face in January is this is such a nice area and so popular with tourists that the hotels are hard to come by, and the hotel rates are relatively high; specifically for sporting groups, which tend to have a -- tend to trend with a lower -- lower average rate for events. So we had a month of showcase events which are very popular because -- and they're good for us and the area because rather than four teams coming, it's individual athletes with a parent. So it's not so much of a drive on the -- on the hotel inventory that's available. We're not bringing thousands and thousands of people, but what we are doing with these events is showcasing the flexibility of the complex and our food and beverage team that led by Jimbo Mann, by feeding every single athlete that comes through and driving revenue through -- through that, which you wouldn't expect. But we're taking advantage of that. Into February, a really -- I think I wrote in my newsletter notes, this month really showed our flexibility with WolfStock being a craft beer and music festival the first weekend, moving into Super Bowl weekend, having a national flag football tournament, into the April 25, 2023 Page 23 Western Cup on President's Day weekend which is, again, a huge tournament that's hosted by our partners, Tournament Success Group. We finished up the middle school soccer season, which we host, supporting the local community and the -- and Mark Rosenbaum and -- with hosting middle school soccer. And the Southwest Florida Shootout this year featured Ohio State playing Virginia, preceded by Michigan playing Marquette. We sold over 4,000 tickets to this event, engaging traveling people coming in and the local community for such an event which was broadcast on national TV. Incredibly successful event that required a heavy lift from our -- from all -- from our standpoint, and we were able to turn that around the next day hosting an event, which isn't up here, supporting the Collier County Museums and their Jazz on the Lawn, which was an event that brought around about 4- to 500 people to the complex that Sunday and utilized some of the infrastructure that we had in place from the previous day. So we were able to make them savings on that. Also in February was the ZOObilee, which was at the zoo. You may have gone to ZOObilee. It's the zoo's main fundraiser for the year. We took our food truck and was one of 40 food vendors that was there, and it was the sports complex that beat out all the restaurants to win the judge's favorite for the food that was presented -- that presented at that event. So that's something that we're very proud of in another way. And it goes to show that when you mess with a sports complex, you have to expect to come up against people who are very competitive. So we went out there to win, and we won it. Into March -- March we began with an adult soccer tournament, and then we went into three weeks of spring break training lacrosse with the support of Paul, and we were able to go from one week last April 25, 2023 Page 24 year with the same group to three weeks this year. Last year we only fed them lunch. This year we fed them lunch and dinner. That was over 6,000 meals over three weeks. This event brings in an incredible amount of economic impact to the local area through transportation, through hotels, not only through the sports park. It's eight to nine private and public high schools that come to North Collier and the Paradise Coast Sports Complex; eight teams a week for three weeks running. It's a heavy lift for us from -- on a food and beverage standpoint but actually, on an operational standpoint, it gives us time to take a breath because we're not rotating the fields each week from sport to sport. It's the same sport each week. That being said, in between those week -- on those weekends, we were filling the event [sic] with in-transit soccer events, in-transit sports events. So we're finding that there's a great opportunity for teams from Tampa playing teams from Miami that don't want to drive all the way to Miami or all the way to Tampa. They meet halfway, and they play here, which works for us, and we'll accept that all day. One thing that was an important event for me because -- I am a cyclist as well, so I'm looking forward to coming to that event. We hosted the Pan-Florida Bicycle Challenge, which was a 125, 120, 62, 30, 10-mile bicycle challenge that began and ended at the sports complex. So that was a fun event to have and showcase the different types of events that the sports complex can have, not only sports on our rectangle fields, events in the great lawn, music events, but we can actually do events like running races and bicycle races as well, so... As we go through, I mentioned most of these. So these are the other events that we've been doing. And our ongoing events is what we do on a weekly basis for the community. I see some -- St. Matthew's House is here. We do a food distribution April 25, 2023 Page 25 every Monday morning. We host a different theme night each night of the week. And one of the things that we've been doing recently is Movies in Paradise, which we were able to secure a sponsor for from a local company, Pelican Wire. So we're able to provide blockbuster moves on the video board every third Thursday of the month for the community at no cost. And those have been very popular. Unfortunately, last Thursday's was canceled due to the weather that is pretty standard in Southwest Florida, so we're looking to reschedule that one. The next one that is scheduled is a third -- the third Thursday in March [sic]. We look forward to seeing you there. So there's events going on every single night of the week for the community that we're putting on. What does that mean in the fiscal standpoint? This is through five months. I do have notes for where we were halfway through. Essentially, we're looking at $975,000 in revenue of a $1.3 million budget for the entire year, which means that we were, at that point, 395,000. Spoiler alert, now that we have the numbers for March as well, which takes us through six months, we're at $1.2 million of revenue and $540,000 over target. Our operating budget had us at a loss of $50,000, and we're operating at a profit of 32,000. So we have that swing in that net operating income. Again, spoiler alert, as we look into March six months through the year, that number has improved to -- checks notes -- $85,000 in operating net profit, which this is 109,000 over where we had projected to be in our budget. This is all based upon the complex being operated as a five-field complex. We budgeted as a 10-field complex. I lead a very committed and talented team who's very committed and competitive, as I mentioned before. We didn't see the fact that we had budgeted for 10 but only had five fields as a challenge. We saw it as an April 25, 2023 Page 26 opportunity, and we went after every single revenue opportunity there was, and these are the results that have come from that. We're going to see out the rest of the year. You mention -- we've mentioned that we're looking to increase our revenue budget for this year, and we're looking forward to inviting bigger and better events as we move into the next fiscal year. One thing that Commissioner McDaniel has requested at the TDC meetings is that we review all of our events, which we absolutely do, and what that means is the events, as we move into the second, third, fourth year of our management here, is every year we're able to tighten up the events, tighten up the contracts that we have to make them more favorable for us and make sure that everybody who participates wins; the event operators, the county, and Collier County businesses as a whole. So at this point, that concludes my part of the presentation. I hope you enjoyed it. I'm very proud to present these numbers to you. We've worked extremely hard for them, and we continue to do -- continue to commit to doing that and, as you can see, the best is still yet to come from the complex. Do you have any questions? CHAIRMAN LoCASTRO: Gentlemen, questions? I have a few, but I'll defer to you first. COMMISSIONER McDANIEL: Until we get -- I want to do the -- I have nothing -- I'm very pleased with all of this. I appreciate you taking the time to come and tell the Board, tell the community what's going on. I'm astounded, as Commissioner LoCastro says on a regular basis, how many people don't even know this facility exists. And so the more we can do, the more we can advertise, the more -- the more the merrier. So I want to thank you for coming today. I've got a couple of questions on the next item, but for now we're April 25, 2023 Page 27 good. CHAIRMAN LoCASTRO: Thank you. I've got a couple questions. And we had said a couple times before -- and I appreciate you coming -- these regular updates are not only important for us but for the community, you know, to hear, and then some of us will pull some things off of your presentation and use it in town hall meetings and newsletters and things like that. So it's important that we, you know, separate rumor from fact. When you showed your financials, I assume that's actually cash in hand. Sometimes when you get a financial briefing, they say, well, we brought in 3,000 people, and that was, you know, X number of hotel nights, and those are valued at $110 per night. That's not what you were doing here. This is actual charges, revenue that came in. It's cash, right? It's not cash value using sort of some other extemporaneous type of numbers as far as, like, the value to the county or how many people bought tanks of gas, and that's all worked into the financials, which sometimes when you get a financial presentation, you know, somebody does that. But I didn't think you were. I just wanted to clarify that, right? That was more of just straight black-and-white cash flow, correct? MR. MOSES: I appreciate the question, because it gives me the opportunity to highlight my finance manager, Amanda, Amanda Vass, who -- the contracts that we write with our event operators are very tight, and they protect the county in terms of the revenue that we bring in. Our aging report is very, very small. This is booked, collected cash that's in there. CHAIRMAN LoCASTRO: Excellent. I know that you've opened up conversations, and so has our tourism, you know, development folks, Paul and his team, to, you know, do all we can to advertise the people that -- you know, we April 25, 2023 Page 28 didn't just cut a ribbon on this thing two months ago. I'm still flabbergasted that, you know, I just had a town hall meeting at Hacienda Lakes, which is a long walk to the Paradise Coast Sports Complex. And I opened my town hall meetings -- Trinity was there -- and I said, how many people have ever heard of the Paradise Coast Sports Complex? And, yeah, a few hands went up. Every hand should have gone up. And it was a handful. But, you know, I know that we're getting there. The question I have is, have you opened up any conversations yet with Great Wolf Lodge as far as what your relationship's going to be with them? Has that started at all? I mean, I know it's early, but, you know, the sooner the better to make sure there's no confusion as to, you know, how we're going to share each other's backyards, and, you know, that our sports complex isn't just an open gate for them to have, you know, free access and free fields for their guests, and it's an awesome deal for them but not much for us. Has that -- any of those conversations happened yet? MR. MOSES: Yeah. It's not early, and we have been in conversation with them for months. So the way that we are presenting our relationship with Great Wolf Lodge so far has been incredibly, incredibly positive. Similar with the Uline construction that's next door. We look at each other as neighbors, and we want to be good neighbors. So with Great Wolf Lodge, we have begun discussions about where our lodge events are in the calendar and connecting their business objectives with our business objectives to try and find synergies there. In addition to that, we receive a lot of their mail, and so I'm dropping that off quite often. And recently we connected them we our -- with our vendor, Pepsi, to help their construction at the early point of their construction now for their bars and restaurants. So we April 25, 2023 Page 29 made that referral there as well. So, so far, very positive, and we're looking forward to a great relationship with them. CHAIRMAN LoCASTRO: Yeah. We want, obviously, a symbiotic relationship, but we don't want any ambiguity as far as, you know, you're getting overrun by their guests, and people are sort of, you know, storming the compound. But that's exactly what I hoped to hear. A little seed I wanted to plant, but maybe it's, you know, common knowledge to you. So I was at the pickleball tournament that we had at the East Naples Community Park that we had for this past week, the US Open, and one of the gentlemen who's one of the senior leaders, we were sitting side by side, and he goes, hey, Commissioner, I want to show you something. He pulls up his iPad, and he goes, here's what we're doing at Arrowhead Stadium in Kansas City. At their stadium we have these modular transportable pickleball courts that we actually lay on the football field, and we can have tournaments. And he said, you know, we obviously will always have the US Open tournament at the East Naples Community Park because it was built for that. He's like, but, you know, we'd love to be able to bring maybe smaller tournaments and put them -- you know, move them to another location at the county to sort of draw pickleball to different locations and, you know -- that the sports complex would be great with the fields. And whatever they put on top of the grass, it does protect the field. He's like, oh, trust me, Arrowhead Stadium, they're sticklers for us not messing up the field. But they set up 25, I think, of these courts. Is that -- have they been in contact with the pickleball folks at -- either of the folks that do the US Open or other pickleball people to maybe, you know, bring something and do something like that on top of some of our grass April 25, 2023 Page 30 fields, if it worked? Is that -- is that new news, or it's something you've heard some chatter about that? MR. MOSES: It goes back to any opportunity that presents itself to us. We're going to run that down. And pickleball is one thing that we hear about a lot. And there is quite an extensive cost to put down those fields for a short period of time, and it would have to make sense for us to be able to do that. But we'll absolutely take a look at that. It has to be played on, like, a sport court. It has to be laid down. CHAIRMAN LoCASTRO: Right. MR. MOSES: That comes at a high cost. And if we were to compare that to an event that came in that didn't require it, that would obviously have an impact on the ability for us to drive revenue and be profitable that weekend. But we would absolutely take a look at it. CHAIRMAN LoCASTRO: I mean, it might be something that before they bug out of town, or maybe they already have, you reach out to them. Because you and I are in total sync. First thing I said to him is what does it cost to put all those down? And we wouldn't, you know, absorb the cost of that, or maybe there's some shared thing, but we're not going to make it an unbelievable, great deal for them and for us it's just a giant cash cow and, you know, a sucking expense or whatnot. And obviously those things would need to be worked out. I just like the concept. And it sounded like at Arrowhead Stadium they're picking up a lot of the cost because it brings in so many people, and then it balances out what the cost is. So I just wanted to throw that out there. And then, lastly, I would just say, the next time you give us a brief, a couple of extra slides I'd like to see is what's scheduled in future months, like about three or four months -- and obviously that's liquid. It's going to change -- but as of today, what do you have on April 25, 2023 Page 31 the calendar for May, June, July, and August just as a little teaser to see, you know, how much it's filling up or just so that we see, oh, wow, there's something really huge in July already locked in. And I know it gets populated over time, but I would assume you have some things on the books for the summer, and, you know, that would be a nice way to end this presentation to show us what you've been working on. Is there anything just verbally you can tell us that's -- MR. MOSES: Yes. CHAIRMAN LoCASTRO: -- sort of bigger than the normal event that might be coming this summer or is in the final stages of negotiation? MR. MOSES: Yeah. I mean, the -- yeah. We missed that. That's something we can absolutely improve on for the next presentation because we do have a calendar that we can shout about. There's no doubt that the "season" months for Southwest Florida are going to be our biggest months. That doesn't mean that we don't have a robust calendar as we go through the summer. We absolutely do. The highlight being the FBU's Top Gun event, which is in early July this year. That being said, we're busy every weekend. And one of the things that we're going to talk about is the cost it takes to run the facility versus the amount of revenue that we're bringing in, which is good, because we're making more than we're spending. As we move into the summer months, it becomes more of a routine sports complex for us. It's local programming, tournament, local programming, tournament. There's no huge event which requires us to buy 500 cases of soda and water for it. There's no event where we're feeding 6,000 athletes in three weeks. So it helps balance out our books in terms of how much we're spending to make the money, but we absolutely have a robust calendar this summer. April 25, 2023 Page 32 CHAIRMAN LoCASTRO: And then I'll just add on top of this as the last point. Anything that you perceive as a future projected significant maintenance cost, like, hey, we've had all these people, we've increased, you know, the pedestrians and the visitors by, you know, 10,000 percent or whatnot, but, hey, our bathrooms are starting to take a hit, oh, we've got the field -- hey, we just figured out the HVAC that we have for all of the suites, it's undersized and it's, you know, breaking down every -- I'm just saying hypothetical things. But, you know, I'd like us as a board or -- and/or the county staff to hear any of those things sooner than later, because anything that is more than just sort of normal maintenance, you-all are out there and, you know, the more people you bring out there, the more events, stuff starts to wear down or, you know, it takes its toll. So just so we can stay on top of that so that that field continues to look as -- you know, as high quality and as impeccable as, you know, we want it to be. So I just sort of add that. But, other than that, I appreciate it. MR. MOSES: Yeah. There is -- there is one major thing. I will add that Marissa -- Marissa's team, led by Kirk Peters, does an incredible job of the maintenance of the facility. There's -- it still looks brand new. And one of the things that we do have is a state-of-the-art facility that lacks Internet connectivity across the facility. So for us to continue to be in competition with other sports venues around the country, adding the ability for us to have Internet at each field so that events can be streamed is something that's going to keep us at the forefront, and it's going keep us from falling down the pecking order of every year a new complex in a nice place is opening. So we need to keep ourselves relevant, and we need to keep ourselves at the top of that tree. CHAIRMAN LoCASTRO: You have an idea, just spitballing, you know, not estimating or giving us a figure but, like, what would that cost to add either a system or make the system we have more April 25, 2023 Page 33 robust, or we don't have it and we need it; what's the ballpark investment? Have you done any exploratory work on that so we've got an idea of the figure? MR. MOSES: Yeah. There's some quotes that have been put together. We're looking at somewhere between 75- to 125,000 to have that -- to have that done. That varies because we have additional fields to add as well, so... CHAIRMAN LoCASTRO: Okay. One of the things I'll just mention is, as we start to get into rainy season, keep an eye on flooding. I mean, we've built some really nice things around in the community. Other people have as well, and sometimes when you think you've got every grate, every drain and all that, and then you get one of our, you know, huge storms here -- not to mention the hurricanes that are coming, but you know, any -- if you start to see some areas where, wow, you know, water's really backing up, you know, those are things we want to jump on quickly. And we have that challenge all over the county in places that were designed perfectly, but, you know, maybe underserved or just missed something, the slope wasn't quite right, and we've got pooling water and things like that, because that's also a big safety hazard. But, you know, that's what I was thinking of. But I appreciate the topic about the connectivity. That's obviously -- that has merit for sure. Anything? Anybody? Thank you, sir. Appreciate it. MR. MOSES: Thank you. Item #11F A FIFTH AMENDMENT TO THE FACILITIES MANAGEMENT AGREEMENT #21-7898 WITH SPORTS FACILITIES April 25, 2023 Page 34 MANAGEMENT, LLC TO AMEND THE BUDGET TO REFLECT THE INCREASED COST OF GOODS FROM $488,928 TO $889,365, INCREASED REVENUES FROM $1,389,743 TO $1,922,474, AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED MS. PATTERSON: Commissioners, we have our follow-on item before we go to our 10:00 time-certain, and that is Item 16F3, which is following this presentation directly. This was moved to 11F. This is a recommendation to approve a fifth amendment to the Facilities Management Agreement 21-7898 with Sports Facilities Management, LLC, to amend the budget to reflect the increased cost of goods from 488,928 to 889,365; increased revenues from 1,389,743 to 1,922,474; authorize the Chairman to sign the amendment; and authorize all budget amendments. Mr. Paul Beirnes, your Tourism director, will begin the presentation. MR. BEIRNES: Good morning, everyone. And for the record, Paul Beirnes, division director of Tourism. I just want to echo what Adrian has said. It has certainly been a pleasure. And I'll also mention for those that aren't aware that as of January 1st, the sports complex folded under the oversight of CVB and Tourism. And I can tell you that in itself, that oversight, that synergy, that alignment really allowed some very fruitful conversation on a regular basis. One, as you had mentioned, with Great Wolf Lodge. We have had a tremendous amount of meetings with their senior executives, their PR, really looking at strategy and April 25, 2023 Page 35 timing and how we can connect, so a lot of excitement there. And as far as getting word out for the facility itself -- excuse me -- we have already initiated Paradise Advertising, which is our branding advertising for the CVB, to immediately look at elevating some of the community communications, whether it's social media, paid media, in market not only for this year but also a formal campaign for Fiscal '24. So a lot of good things have already happened. A lot of great things are going to continue to happen. The reason why we're here today is the numbers that you saw Adrian present, which are the tremendous amount of people that have been out to the complex already, causes costs to increase. So we're going to dig deep on some of those numbers. And I want to introduce to you Marissa Baker, who has really been in ongoing day-to-day alignment with Adrian and his entire team. But when you think about the sports complex, you can think of our combined effort as well as the oversight of the TDC as well. MS. BAKER: Good morning, Commissioners. For the record, Marissa Baker, manager of Paradise Coast Sports Complex with Collier County. I'd like to take a moment, give you guys some quick facts and history on the sports complex before I hand it over -- back to Sports Facilities to talk about the financial impacts of the amendment. So as you know, the sports complex has been incredibly successful in attracting more events than anticipated. More events equate to more sales, and the increase in those sales have a direct impact on the cost to acquire goods. Specifically, Sports Facilities created its most recent budget in good faith that the additional four fields would be completed by December of 2022. Now they won't be completed before May of 2023, and so they've revised their budget to show accurate increased April 25, 2023 Page 36 costs of goods and revenues. So the objective today is to obtain an approval to the fifth amendment to the Facilities Management Agreement to amend the budget to reflect those increased costs of goods and revenues. So a little bit of background for you. Collier County entered into the Facilities Management Agreement with Sports Facilities on November 12th of 2021. There have since been four prior amendments, and the parties wish to amend the agreement a fifth time to reflect those increased costs of goods and revenues. Currently, costs of goods are funded to -- or prefunded to Sports Force -- or Sports Facilities on a quarterly basis, and what that means is they don't necessarily have access to cash flow outside of the COGS that we prefund them. So all of the revenues that Sports Facilities is bringing in is being deposited directly into a Collier County account. So if they require additional monies, that means they have to request that through the county with either County Manager approval or approval through the Board of County Commissioners, depending on the amount. With that, I'd like to invite Sports Facilities up to talk about the financial impacts. MR. ADAMS: Thank you very much. Jack Adams from Sports Facilities Management. Nice to see you all again. The budget for this year was, as you can see on that top line, $1,389,000, and we believe, based on what we have booked, that we will be at $1,922,000. So that's going to be an increase on revenue and the cost to sell that revenue. This is direct cost of delivery. So if you sell a hamburger, you have to buy the hamburger meat, the bun, the plate, the ketchup. The direct cost of delivery will increase to 889,000. That's a $400,000 cost-of-goods increase. That's what we're asking for. The net impact to your budget, which is the Collier County April 25, 2023 Page 37 taxpayer, what they're spending, is that instead of spending $170,000, as you can see there, it's now going to be the $37,000 number. So we're saying that although we're asking for more COGS to deliver that revenue, there will be an additional improvement of $132,000 to your bottom line. CHAIRMAN LoCASTRO: Yeah. I mean, as I do the math, so the difference in revenue is 532,731, and then the request that's being asked here for cost of goods is the $410,437, right? I mean, that's the point you're trying to make, right? MR. ADAMS: Yes. CHAIRMAN LoCASTRO: You're asking for less than what it's going to gain, right? MR. ADAMS: That's right. CHAIRMAN LoCASTRO: I'm just trying to do fifth grade math here. MR. ADAMS: We separate our budget into three categories. Revenues on are top; direct costs of delivery we call COGS, cost of goods sold, is in the middle; and then you have those fixed expenses, that are going to be the air-conditioning, admin building, the general manager's salary. It's some of the expenses that don't change depending on how many fields you have or events you bring. And so these are the -- these are the direct costs of delivery that, when you make more, you have to -- CHAIRMAN LoCASTRO: Yeah. MR. ADAMS: -- spend more money. CHAIRMAN LoCASTRO: The burger-and-bun thing you just said. Anybody have questions? MR. ADAMS: The burger and the bun. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Good morning, Jack. MR. ADAMS: Good morning. April 25, 2023 Page 38 COMMISSIONER McDANIEL: My first question is, how are you getting along with our Clerk of Courts? MR. ADAMS: Very well. COMMISSIONER McDANIEL: Very well. It's going okay. The questions, answers, payments timely? MR. ADAMS: Yes. Commissioner, we have -- we have a couple clerks that we work with in Florida. We understand Florida law and how to work with clerks. They are very particular and very -- very strong guardians of the taxpayer. They care a lot about that, and they're elected to do exactly what they do. It's our job to feed them what they need to reimburse us. COMMISSIONER McDANIEL: Good. I'm happy to hear that. The second question I have -- and this is -- this is a question of operational aspects and relationship to revenues. Commissioner LoCastro basically already said the increase in budgeted income or revenue is almost consumed, shy 100,000, which is attributable to very close to the improvements of the cost-of-goods-sold increase that you have coming up. You're bringing in 500-, and your expenses have gone up four. What surprised me was you -- we -- somebody owns our own food truck to a point where we even are entering that food truck in competitions in other areas. And my question is, has an analysis been done to determine the relationship? Because there's a lot of management that goes along. You've got food spoilage. You've got storage. You've got stuff that's going on you've got to buy for, you've got to plan for, whereas if we didn't have our own food truck, we'd pick up the phone and call five to come and service 6,000 people that are showing up for the weekend, and we wouldn't have the management and the overhead and the expenses that are attributable to that. April 25, 2023 Page 39 Now, I also understand that has an impact on our revenue at the same time. Who's supposed to shut their phone off? CHAIRMAN LoCASTRO: Keep going. COMMISSIONER McDANIEL: Okay. So there's a -- there's a circumstance here of looking good with generating more revenue, but we've also got management and overhead and expenses that travel along with owning our own food truck. And has an analysis been done with regard to the dispensing of the food truck from an operational ownership standpoint and going into a contractual relationship for a fee from independent vendors supplying more business to the independent vendors in our community? MR. ADAMS: Short answer, yes; long answer... COMMISSIONER McDANIEL: Long answer. MR. MOSES: Hi. So it's something that is important. There's likely to be some -- I'm not fully aware, so I can't be certain about this. But in terms of us having a beer-and-wine bar, we have to be able to make sure that we are offering food at all times, which is one thing that we can do. We do go into partnerships with local food trucks, because when we do have these large events, we don't have the ability to service the amount of people that are coming through. Literally too many people are coming. We have SnowFest. We can't handle SnowFest, six and a half thousand people at one food truck. So we have to engage, and we do have good partners in the food truck community to help us through that. In terms of the analysis of the food truck, it has been a drain on us. There's no getting away from that because it hasn't been as efficient as we would like it to be; however, we have got to a point April 25, 2023 Page 40 where the fixes that have been made to that truck have -- what I would suggest is the cost of running the food truck and the ability for us to take it out to community events helps us not only from a revenue standpoint, but it give us another reason to get out into the community and market the -- market the facility to let people who may or not know it exists that we do exist. So there's two -- there's two benefits to the food truck. Not just revenue, but there is the marketing aspect as well. COMMISSIONER McDANIEL: I'd like to see the analysis that's been done with regard to that, just simply because there's an enormous amount that comes into your increased request -- we're going to -- I'm assuming we're going to approve this amendment. But I think we need to dig deeper -- and I'm looking over at the numbers guy when I say that -- dig deeper into an analysis exactly of what the cost-of-goods-sold increases are, what they're attributable for, what's the additional charges that are being paid for out of my Parks and Rec systems that aren't included in the actual operating budget that's over here. I'd like to see a deeper dive at our next quarterly report, minimumly maybe at the next TDC meeting, along those lines. I mean, it's nice -- it's good that we're doing good. I like seeing the extra people coming and so on and so forth. But if we're -- if we're operating something that we're not -- that -- not -- and I don't want to say that we're not good at it. But if we're operating something that we don't need to and then we could pick up a phone and move it into a revenue generator solely -- without any exposure, without storage, without spoilage, without anything, and just move it into a revenue-generating standpoint, your overall cost of goods sold are going to go down at the same time. MR. MOSES: That's heard, and we'll put that together. COMMISSIONER McDANIEL: Okay. April 25, 2023 Page 41 MR. MOSES: And I would suggest that the food trucks need to make money themselves as well, and their profit margins are pretty -- pretty tight as well. So from our perspective of being guardians of the county money, if we felt that the food truck was not a positive thing for us, then we probably wouldn't open it as much as we do. Ultimately, if we are going to do a thousand dollars of revenue from a food truck and we get to spend money against that, that's still going to be a much higher amount that we're going to get from not associating the COGS of that and only taking a commission payment from an outside food truck. COMMISSIONER McDANIEL: I don't want to -- and, again, I'm not debating this with you, today especially. I just want some credence given -- because there's more to an overhead budget -- or an overhead number than the COGS. There's an -- there's a whole bunch more that goes into it that adds up to that, that actually has an impact on your bottom line. And I just want to ensure that exploration is, in fact, done so we're going forward. I haven't even got over into the rationale of the government competing with the private sector on a government facility with regard to the disposition and sale of foods. That's a whole 'nother can of worms. MR. MOSES: Yeah, let's not do that today. Thank you. That's heard. Thank you. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. That's kind of the lines I was going, because, you know, if Commissioner Kowal -- I'm a simple man. If I had a food truck myself, and I was out there to try to make a profit, you know, and I have to compete with the inflation and things like that, I would roll that into my product to sell my product to make the money back to what I have to invest in making -- getting my buns and burgers. April 25, 2023 Page 42 But -- see, sometimes we forget when we're aligned with a government agency -- or government. We always think we have this pot of money we can always just pull from, you know, but that's not our money. That's the taxpayers' money, so we have to be very cautious of that. And I wouldn't have that luxury as a private man out there with a food truck. I would only be able to pull on what profits I've made already. So in reality I could say, all right, let's give you $33,000 because, year to date, that's about what you made. So, you know, I have to just swallow this pill. I inherited this when I became a commissioner six months ago, so I owe it to this community to make it work, but I also want to make sure everybody uses caution and think about it as if you were a private businessman operating something like this. Because Commissioner McDaniel brings up a great point, you know. If the food truck isn't making money, we're not going to use the people's money to make it money, if that makes sense. We have to make sure it's online and making money, just like anybody else would have to do it. MR. ADAMS: We'll do that analysis to give you the specifics. That's what you're asking for, and we'll definitely put that together so you can see what we're doing. The purpose of the food truck -- the initial purpose, Adrian -- is the first thing he stated, but we have to have food out at that -- at the Cove in order to serve beer and wine, so that was the purpose of activating it. And we inherited that truck as well. But fixing it up and making sure we had it out there, because it wasn't profitable. Asking one of our food truck partners, in exchange for coming out to a big tournament and making money that day, we need you to bite the bullet and come into the Cove Monday, and we need you to do it on Tuesday, and you to do it on Wednesday, and maybe lose a little April 25, 2023 Page 43 because we need to have a food truck operating, now we can -- we can take that on. I believe that operating the Cove is not as profitable; however, we can go kind of pay for the truck, which is something we see as an obligation to make sure that we're good stewards of the taxpayer money in that way to make sure that that thing is at least at a breakeven, if not better. But I don't want to speak to exactly where it lands. I want to do that study for you very specifically so you can have that. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just to -- and on that point. I'm very familiar with how you do what you do. I do do it myself, so -- and I have seen that it's better, because there's a thousand independent proprietors that are out there that have their own food trucks that, if you make commitments with those vendors to be there in the good times as well as the not-so-good times, you'll supply the requisite of the food that you need in order to keep your food and -- or your beverage license intact, so just -- MR. ADAMS: Absolutely. And there are things that go into, for example, the cost of goods that we've gone over with -- with our county, you know, administrators as well. But, you know, just taking food and beverage as an example, food and beverage costs went up about 9 percent. We are going to double our revenue in food and beverage. So when you look at the doubling of food and beverage revenue and going up about 9 percent on that, there's still a delta where we've cost more. And some of the reasons we've cost more in food and beverage, as an example, is bringing on contract staff. These aren't regular staff, but these are for these big peaks of activity like 6,000 meals and things where we bring on a contract chef or we have extra entertainment at the Cove to try to drive, you know, that for the community and so on. April 25, 2023 Page 44 So there's reasons for those things. When you just have five fields and you add five more fields, you have a rise over run the exact same thing but more, and you can maintain cost percentages or even drive them down because you're doing it in -- you're doing it efficiently. COMMISSIONER McDANIEL: Spreading it out. MR. ADAMS: When you are -- when you are without those extra fields and you have to be creative to try to find that revenue to plug the hole, you find yourself doing a lot of different types of things. And you see the creativity, and you see all the different types of activities, but those are, you know, in some cases R&D, some cases you have different type of staff that you bring on or different things that you have as costs. COMMISSIONER McDANIEL: I'll make a motion for approval of the amendment. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve the amendment. Do I have a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you. MR. ADAMS: Thank you. Item #10A April 25, 2023 Page 45 A SIXTH AMENDMENT TO THE LONG-TERM LEASE AND OPERATING AGREEMENT FOR THE GOLF AND ENTERTAINMENT COMPLEX (THE "LEASE") WITH CC BSG NAPLES, LLC ("BIGSHOTS") TO EXTEND THE FINANCING CONTINGENCY PERIOD TO JUNE 30, 2023. MOTION TO APPROVE THE 60-DAY EXTENSION AS A FINAL AMENDMENT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – APPROVED (COMMISSIONER MCDANIEL OPPOSED) MS. PATTERSON: Commissioners, this brings us to our 10:00 time-certain. Item 10A is a recommendation to approve a sixth amendment to the long-term lease and operating agreement for the golf and entertainment complex with CCBSG Naples, LLC, to extend the financing contingency period to June 30th, 2023. This item is brought to the agenda by Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, if I might give just a short introduction. CHAIRMAN LoCASTRO: Yes, sir. The mic is yours. COMMISSIONER SAUNDERS: I understand Randall Cousins is here. He represents the Big -- represents BigShots, the BSG of Naples. And before he begins, I want to make a couple comments. We're all frustrated with how long this project has been going on without the actual construction, and I know my fellow commissioners are concerned as to what's really happening here and what's causing the delay. And we now have in front of us a sixth request for an extension on the financing contingency for 60 days. And what I would suggest to the Commission -- we're obviously going to hear from Mr. Cousins. There may be some questions. April 25, 2023 Page 46 But I think what I would suggest to the Commission is that -- let's just do a 90-day extension with an indication that this is the last extension on the financing contingency. That should be enough time. If 60 days is what's being requested, give them an extra 30 days, and let's get this project underway. And so I'm going to make that suggestion to the Commission to at least put some finality to the financing contingency. But with that, Mr. Chairman, I think Mr. Cousins has some comments to perhaps explain what's going on and what's causing the delay and why the 60 days is needed. CHAIRMAN LoCASTRO: Yes, sir. MR. COUSINS: Good morning, Commissioners. My name is Randall Cousins. I'm with BigShots, invited. And I echo Commissioner Saunders' comments. We are frustrated that it's taken as long as it has for us to get under construction. You know, from our perspective, this is a venture that should produce millions of dollars in revenue, and every month that we're delayed puts that revenue further and further away. So we're highly motivated to get this product under construction. We remain tremendously excited about the opportunity to bring BigShots Golf to Collier County, as well as to open up Golden Gate Golf Course to public play. So, you know, we continue to explore every opportunity, you know, to try and get this project to completion and to get it under construction. And my hope is that, you know, within the next 60 or 90 days, you know, our next meeting with you is to schedule a groundbreaking ceremony. And, you know, we'll have much better things to talk about at that time. We continue to make tremendous progress on our project. You know, we've been through an SDP process. We have permits that are ready to be issued. We are continuing to work through what April 25, 2023 Page 47 exactly our final budgets for this project are going to be. As a large company with many capital projects of this nature going on across the country, we have pretty simple return math that we have to look -- we look at a lens through ROI. And so part of that is being able to get to a budget where our operators, our construction team, can stand up and say, "This is the number. It's not going to move. You know, the scope is fully defined." And we just -- quite simply, we just aren't there yet. You know, we do need a little bit of additional time in order to finalize that scope and those efforts. So I'm hopeful that the 60-day ask is the last ask, and, as I said, you know, I hope that our next meeting is one to schedule a groundbreaking. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER SAUNDERS: Mr. Cousins, if the extension is provided and you are able to complete your planning, or whatever it is that is resulting in the request for this extension, when do you think you could actually begin construction? What -- being realistic at this point, when can we, with some degree of certainty, say to our constituents we believe that construction's going to begin on this project? When? MR. COUSINS: In late summer is our target. So we're thinking August, August 1st. And then we have a 40-week build cycle, so then the goal would be to be open to the public, you know, spring of next year. COMMISSIONER SAUNDERS: Okay. Now, when you say "40 weeks," is that for the BigShots facility and the golf course? MR. COUSINS: That's just for the BigShots facility. COMMISSIONER SAUNDERS: When would construction begin on the golf course? MR. COUSINS: It would be on a separate timeline, so it would April 25, 2023 Page 48 be under -- it would start construction this year. But then there's, you know, obviously a growing season which affects the construction period for the golf course. COMMISSIONER SAUNDERS: So best case, when do you think the golf course could actually be open for play? MR. COUSINS: I think next fall. COMMISSIONER SAUNDERS: Okay. All right. Thank you, Mr. Chairman. CHAIRMAN LoCASTRO: Before I go to Commissioner McDaniel, I just -- I'm looking for just more clarity on the reason for the sixth extension. You know, if you were a company that had never done this before, you know, you're reinventing the wheel, you know, this is going to be a one and -- you know -- and I realize every project's a little unique, but one of the reasons why we got excited about BigShots is, hey, man, they've done this all over the place, and every place it's been a big hit. And so maybe it's not a design issue, because I would expect -- not that every project is cookie cutter, but I don't feel like I got clarity on why we keep kicking the can down the road or why we aren't. You know, like, maybe there's some specific reasons. But I'd just like -- I would like specificity in what challenges you're running into that keep having you come back to the well here asking for a little more time, a little more time. Because where I get nervous is, boy, when you're on your sixth request, are you guys about to head out of town going, you know what, this isn't a -- you know, we're bailing from this deal. And, you know, I'm putting you on the spot saying that I don't expect that's the case. Right? Right? MR. COUSINS: Right. Yes, sir. CHAIRMAN LoCASTRO: Okay. So, then, the follow-on is why the extra time? What's going wrong on your side of things, or what challenges that are unexpected are you-all running into? April 25, 2023 Page 49 MR. COUSINS: I think that's a very fair question. And so to get very specific with you, you know, early on in this process we discovered that there were some title issues with the property. You know, we signed the lease. It was fully negotiated. We signed the lease. There were some issues from the way that the title was recorded that we had to work through with the county, which we did, but that took some time. In part of our due diligence, we did find a protected species of bat on the golf course that needed to be addressed which required a study, which required some remediation, which did take some additional time, which delayed our SDP submittals and then our, you know, ultimate approvals. They did discover arsenic, some contamination in the soil on the golf course, which isn't unusual, especially for this part of the county, given it was used as a golf course, herbicide for long periods of time. But it is something that required, you know, some diligence, which further delayed some submittals and some plans. There was some right-of-way back and forth with the county, which was an issue that we've ultimately resolved, but it's one that, again, took quite a bit of time. And then probably the longest issue was we had an issue about the coding of our exposed steel structure with the fire marshal where we worked collaboratively with the fire marshal to look at what our competitors were doing in the state of Florida to make sure that we were being held to a similar standard, but that affected not only the design component but then also the submittals for the specific building that required quite a bit of rework from a design perspective. And then as this time has passed, you know, at this point we're 20 months into this project, costs -- the underlying costs of our construction project have continued to increase. We opened a store in Bryan, Texas; we opened a store at Firestone up in Akron, Ohio. April 25, 2023 Page 50 So we understand what these projects cost, and the costs have just continued to increase over time. So part of this has also included, you know, going back to the drawing board from a value engineering standpoint to look at, you know, are there opportunities from the facility to deliver the same experience to Collier County guests but to do it in a more cost-efficient way. And so that has required us to spend some money from a design and construction standpoint to make sure that we're vetting those plans appropriately internally. To date, we've spent about $3 million on materials. That includes, you know, a steel foundry package, that includes rooftop air-conditioning units, elevators, glass, doors, things that, when we intended to be under construction last summer, were long lead items. And so, you know, we've spent that money ahead of time; we've warehoused those items in anticipation of being under construction. And we've spent about a million-two of consultant dollars with architects, with civil engineers, with local consultants to help us address some of these issues I identified for you. So we continue to spend money. We're very enthusiastic about this project. We certainly think there's a path here, but we've run into some issues that have just required more time than we anticipated during diligence. CHAIRMAN LoCASTRO: Commissioner McDaniel and then, Commissioner Hall, you're on deck. COMMISSIONER McDANIEL: I don't have any questions for him. If you have a question for him, then you can go ahead. I'll reserve my comments for -- CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I just have a couple questions and a comment. So title's taken care of, the right-of-way's taken care of, the April 25, 2023 Page 51 arsenic's taken care of, the bats are taken care of, everything so far that has delayed is taken care of. So what is the 60 days specifically needed for? MR. COUSINS: So we are finalizing our layout for the concept. So there's a discussion internally about is this a 60-bay or a 48-bay single-story facility, which changes the budget and, quite frankly, changes our revenues that we think that we can generate from the opportunity as well as the costs. And so we are going through an internal process of basically landing on a finalized concept scope, which will drive the budget which then drives the conversation with the banks to finalize the financing. COMMISSIONER HALL: Okay. And my comment -- thank you. My comment would be, I have the appetite for 60 days, but I don't have the appetite for any longer. I've done business. I've been under the gun. I've had to get financing. I've had to do these things. And when the gun is -- when the trigger's pulled, you get it done. And so 60 days I have the appetite for but longer than that not so much. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I don't have an appetite. I'm -- my comments are for my colleagues. I have nothing to say to you unless you care to address me. I am done with the golf course financing. I'm done with a sixth extension. This transaction has not been fortuitous for our community for -- since we actually acquired the piece of property. There was justification and rationale for 28, $29 million. To be honest with you, Commissioner Saunders, you sat with me in March in the Veterans Administration. Actually, we were in President Kathleen Passidomo's conference room. I was about this far away from her, and General Hartsell was in between me and the April 25, 2023 Page 52 Senate President. And he expressed, for the fourth year in a row, concerns about the site constraints on the location of our veterans nursing home. He expressed concerns to the Senate President while we all sat there. And I think it's high time that we prioritize the utilization of this site. Set this golf course construction aside. I'm willing to consider the extension of the financing for the TopGolf facility. I certainly want to support our First Tee and their utilization, because they, I believe -- and, again, this is convoluted because we've leased -- or agreed to lease the entire site predicated upon the construction of the facilities and then you sublease to the First Tee folks. But I would -- I would suggest that we recapitulate the entire project; prioritize the utilization of this land for what's most important, and that's our veterans nursing home first. Set aside the construction of the golf course indefinitely until such time as that location is picked and blessed by the Veterans Administration -- Veterans Administration both at the state and federal level. Continue on with the housing project, because that's a project that's -- a development that's going forward that's meeting with successes. Continue on with a separate arrangement with First Tee for a lease from us to be able to utilize the facilities of BigShots as well, and then when we're done and those things are completed and the Veterans Administration has a piece of property that they feel warm and fuzzy about from a location/utilization standpoint, then we decide whether or not we're going to build a golf course at all. There's a lot of alternatives. I can think of several right off the top of my head. We've got a 12-hole golf course that's coming forward, and though there's a lot of people sitting around me talking to me about 12-hole golf courses that don't play golf, I know it's 9 April 25, 2023 Page 53 and 18. So I know I've got three holes to play with from a land-use standpoint. I also know that First Tee and the kids that come there could have a three-hole golf course to be able to lap around. One Par 3, one Par 4, and one Par 5, and then you'd do your combination to get your nine holes and do what you need to do and actually have golf. So I think it's past time. I'm not interested in any additional extensions for the construction of the golf course. If we want to amend this agreement to do the BigShots because you've already expended money in doing that -- and I'd even be happy -- I'd be okay with the loan that originally started out as a subordination agreement that then was found couldn't be effectuated, turned into a $7 million loan to help with the funding of this project. I'd be -- I'd be supportive of those things. But I think it's high time that we prioritize the utilization of this land for what it's designated for and, most importantly, for the veterans nursing home, and set aside the golf course. There was a whole bunch. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Make a motion that we approve the sixth amendment for 60 days. COMMISSIONER HALL: As a final amend- -- as a final extension? COMMISSIONER SAUNDERS: Yes, sir. I'm accepting your -- COMMISSIONER HALL: Second. I'll second it. CHAIRMAN LoCASTRO: I'll just add this -- COMMISSIONER SAUNDERS: And I'm asking -- I'm asking at least three members of this board to support this. CHAIRMAN LoCASTRO: Yep. April 25, 2023 Page 54 COMMISSIONER SAUNDERS: I heard Commissioner McDaniel. Everything he said is just baloney. And I hate to say that, but that's how I feel about it. I'd like to have the 60-day extension. But we can talk about the veterans nursing home, we can talk about all those things, but that's not what's on the agenda today. What's on the agenda today is moving forward with this project and giving them 60 days. CHAIRMAN LoCASTRO: Before I defer to Commissioner McDaniel -- so I'll maybe diffuse the -- but this is healthy. This is healthy. I'm probably the worst person to talk to because this feels very "rock crushing lot'ish." And I don't know if you're familiar with that, we are, which is "need more time," "can't do it," "got a problem," this and that. On the flip side, as a realist, I look at it -- and I use that rock crushing lot as an example. Sometimes the train's already left the station and it's down the road. And so I don't like to be nickeled-and-dimed. Everything that Commissioner McDaniel says -- you know, I don't know if I'd characterize it the same way. I think a lot of it does have merit. But I sit here and say, okay, I mean, you know, the cooks are in the kitchen. They're trying to -- they're trying to cook the meal. I mean, you know, this isn't the time to close the restaurant and just say, you know -- you know, let's be done with it. But, you know, you're sitting here on the sixth extension. And, like I said, my biggest disappointment is this isn't a fly-by-night operation. I get the arsenic. I get the bats. I get that, you know, there were some other things. But some of that -- you know, a good contractor sort of works that padding into the -- it doesn't mean you don't ask for extensions, but six is -- you know, to me that's a lot. You know, having said that, you know, I look at it as, okay, if, April 25, 2023 Page 55 you know -- I defer to the -- you know, the commissioner that's been working this project even a lot longer than I have. You know, 60 days isn't six years, but it's like, hey, it's 60 or nothing. And if it does get approved here, you need to take that back to your leadership and say, hey, you were given a gift here, because you do have one commissioner that made some points that I actually think do have merit, and some of it is more of a frustration of, you know, gosh, you know, we're not launching the Space Shuttle here. What takes so long? The one part I will add about the veterans nursing home -- but I do agree with Commissioner Saunders, that's not the argument here. But as an aside, you know, I had a one-on-one with General Hartsell, who I know from sort of a previous life. And one of the things he said to me -- and the veterans nursing home is important to all of us, everybody here. He did sort of say -- and maybe it's not your issue, but it's ours -- hey, I hope the veterans nursing home is your priority on that piece of property. And the answer is, obviously it is. All of the things are a priority. But he did express some concern, and you're exactly right, right in front of Senator Passidomo and then to me separately in a meeting where he asked me to swing by his office. And he said, don't let that nursing home get choked out by some of the other things. You know, we've worked really hard and have moved you up the list for some very specific things, you know. And, you know, one of the lines I said to the news media yesterday is when it comes to that nursing home, we don't want it to be the next one. We want it to be the best one. And part of that is making sure they have the space that we need. Having said that, I do agree with Commissioner Saunders, that's not the argument here, but it is a little bit of the back story. So I don't love it, but I support 60, not 90. But I can tell you, leave here knowing that on the 61st day, all of a sudden, my April 25, 2023 Page 56 allegiance is going to switch over to every single thing Commissioner McDaniel said because I actually think some of it still has merit now. But I also just -- I feel like if we're that close and if you're sitting here saying that, okay, the bats are gone, you know, the arsenic is gone, okay, you know, you guys are supposed to be really good at this. The other thing I will say is you listed some things. Well, you know, it took us some time to work with the county. It took us some time to work with the county. I'm not here to be throwing spears or anyone under the bus, but we are the county. So if it took an excessive amount of time, I want you screaming from the rafters saying, we can't get ahold of somebody on the staff, or your county manager is blowing us off, or nobody cares -- and I'm just saying that hypothetically. If that's the case, we have the ability to accelerate, bring everybody in a room. So if there's an artificial slowdown -- and I know you didn't say that, but I just say that to sort of plant the seed. Remember, we are the county, so I don't want to hear all these extensions are needed because, you know, it's taken a while, you know, for the county. And I know you didn't say that, and maybe that's not true. I hope it's not true. I hope it's, hey, we've been working with the county, and they've been great, but we've needed more time for unexpected challenges that we didn't plan for. Okay. You know, that has merit. But, you know to me this would -- this would also be it. I've got everybody lit up here. Commissioner McDaniel, you're next. Did you want to go next, or do you want me to defer to -- I've got Commissioner Kowal. I've got Commissioner Saunders. Are you ready? COMMISSIONER McDANIEL: Yeah, I'm ready. CHAIRMAN LoCASTRO: All right, sir. You're next. And, Commissioner Kowal, you're on deck. April 25, 2023 Page 57 COMMISSIONER McDANIEL: I take exception to Mr. -- Commissioner Saunders' statement. What I said was absolute fact and absolutely not baloney. You're certainly entitled to your opinion. But I think it's past time for us to prioritize the utilization of this site for what's important for the community and the veterans of our community and prioritize the veterans nursing home first. And for you to call what I said -- all of what I said as baloney, I take -- COMMISSIONER SAUNDERS: Yes, sir. COMMISSIONER McDANIEL: -- insult -- COMMISSIONER SAUNDERS: I stand by that. (Simultaneous crosstalk.) COMMISSIONER McDANIEL: Well, you just continue to do so. COMMISSIONER SAUNDERS: You voted against the funding source for the veterans nursing home. Now you support it. I think that's hypocritical, quite frankly. COMMISSIONER McDANIEL: That's absolutely not factual either. COMMISSIONER SAUNDERS: You voted against placing on the ballot the sales tax -- COMMISSIONER McDANIEL: Absolutely. COMMISSIONER SAUNDERS: -- that is the funding source -- COMMISSIONER McDANIEL: That's an entirely separate adventure [sic] as to what we're talking about for here. COMMISSIONER SAUNDERS: That's the funding source -- that's the funding source for the veterans nursing home. COMMISSIONER McDANIEL: Right. And 460 other million dollars’ worth of things that weren't attended to properly. So the singular funding source for the veterans nursing home April 25, 2023 Page 58 came out of the sales tax. And it was genius, by the way, that you put it in that mix to make that look that much better. But it has nothing to do with the circumstances of -- to what we have right now. And the fact that you and I have sat there for four years and General Hartsell has been consistent with his concerns with regard to the proposition and the utilization of this site is -- is factual. COMMISSIONER SAUNDERS: Then you need to add to an agenda item where we can have this discussion. The item today is whether or not we're going to extend this for 60 days. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: The item today isn't are we going to cancel a golf course? Are we going to move the veterans nursing home to a bigger spot on that? That's not on the agenda. If you have that, put some substance together and present it. But to bring this up at the last minute with no notice is not really the right way to do the county's business. We have -- we have a motion and a second to give them an additional 60 days. That's what's on the agenda. If you want to cancel the golf course and do all those things, bring it forward but not on an item that's not related to that, without any substance. CHAIRMAN LoCASTRO: I'll go to Commissioner Kowal. Sir? COMMISSIONER KOWAL: Thank you, Chairman. I just kind of -- Commissioner Hall had asked a question, and we kind of got through all the hurdles, and you got to the point where he asked you, okay, then what is the additional issue or the additional delay, and something just stuck out. And when I heard you give the answer, you said that you and your people are still debating if it's worth doing a 60- or a 40- or, you know, position building. And so if you're still in that position now, debating if it's going to be profitable on how many spots you're going to build for the drive -- I April 25, 2023 Page 59 guess the driving portion of it, where everybody hits the balls or the positioning or areas where you utilize while you're there using your facility, and you're talking 60-day extension, and you're telling me that you will have that figured out -- you will have those plans done and all that in the 60-day period so you can move forward? MR. COUSINS: Yes, sir. I mean, we are not starting today. This has been something that's been in progress -- COMMISSIONER KOWAL: But you said -- you just said what would be next. He asked you what's next now; where are we at? And you said you're still debating what would be the profitable number of -- COMMISSIONER HALL: Full scope. MR. COUSINS: What I understand the question to be was what was the last outstanding issue, and the last outstanding issue is we have plans to sign -- COMMISSIONER KOWAL: So it's still outstanding? MR. COUSINS: It is still outstanding. But it's been -- COMMISSIONER KOWAL: You have 60 days to figure it out. MR. COUSINS: Yes, sir. We have 60 days to finalize it. COMMISSIONER KOWAL: Okay. MR. COUSINS: It's been in progress for much longer than -- we didn't start today. We've been working on this for quite a while. COMMISSIONER KOWAL: I'm just telling you my position. You've got 60 days. MR. COUSINS: Understood. COMMISSIONER KOWAL: Understood. CHAIRMAN LoCASTRO: Let me ask you a question. If you didn't get the 60 days today, if we all voted it down, what happens? You guys pack up and leave? April 25, 2023 Page 60 MR. COUSINS: We would be -- yes, sir, we would be required to terminate the lease. CHAIRMAN LoCASTRO: You know, one thing that Commissioner Kowal says that does resonate with me is, okay, while you're killing bats and cleaning up arsenic, you should be able to walk and chew gum at the same time. So I'm flabbergasted that you didn't know how many slots to have and you haven't done the financials. I mean, you know, you do all those things simultaneously, and because you're a valid company that has done this all over the -- all over the country -- and I'm looking for a rebuttal to this. I'm not being accusatory, but I'm just throwing it out there and saying, wow, you know, while they were doing all the unexpected things, they weren't sitting around the conference room table and saying, well, at least we have the plan, at least we know how big it's going to be, so we've got all those sort of things done. Now let's deal with bats and arsenic and all these unexpected things, and maybe a county moving a little bit slow, but all the things we can control is all sitting in a binder ready to go. And so what's incorrect about that statement I just said? MR. COUSINS: Yeah. I think maybe I've done a poor job of explaining our contemporaneous efforts over the last period of time. So when we opened the BigShots store in Bryan, Texas, we opened it in January of last year. It's a 60-bay, two-story facility. That is the plan, the building that we had basically finalized and intended to move forward with here. So as we went through that SDP process, we went through the permitting process, that was the -- basically the foundation of the application that was made for the store here. In November of last year, we opened a store at Firestone in Akron, Ohio, which was a 36-bay facility. It was smaller. It was April 25, 2023 Page 61 kind of an existing building that had been renovated that had a different driving range on it. And those two had dramatically different cost basis. The construction costs are very different. The revenue opportunities were very different. And what we've seen, as we've continued to monitor these two very different prototypes, is that there was a bigger opportunity sometimes with the smaller concept in that size market than we had previously anticipated. CHAIRMAN LoCASTRO: In any of your previous -- as far as you know, previous projects, have you needed four, five, six, 10, 11 extensions? I mean, I know every project's different, and it might not be apples to apples. But is this an anomaly here that you've run into such a unique case in Collier County but everywhere else, you know, it's plug and play and, boom, you're off and running, or extensions are sort of what your company is, you know, known for based on, you know, unknown requirements? MR. COUSINS: No. Our goal is to ask for the amount of time that we need and then to execute inside of that period, so this would be an anomaly. CHAIRMAN LoCASTRO: So why are we so different besides the bats and the arsenic which aren't -- like you said, arsenic's found on lots of golf courses and things like that, you know. And I'm not -- I'm not trying to, like, you know, put you on the spot or grill you, but I just would like clear answers as to what makes us so different. Is it our county staff is moving too slow and everywhere else, you know, they've been at your beck and call? And I'm not saying that to be accusatory of the county, but I'm just trying to find the nuggets that have extended this for such a long period of time. Is it you? Is it us? Is it a combination? And, you know, while we were killing bats and cleaning up arsenic, lots of other stuff should have, you know, been already completed, done, and, like I said, sitting on the shelf ready to go. April 25, 2023 Page 62 I just -- I feel like I'm still missing something. Am I? Is there anything to add or -- MR. COUSINS: Yeah. I mean, I think we're really down-playing the bats and the arsenic and the title work and especially the fire marshal issue. I mean, those things took some substantial time, and they required adjustments to our plans. CHAIRMAN LoCASTRO: Okay. All right. MR. COUSINS: And, you know, the intention was to basically build the building that we already had built, that we already had planned. And so this pivot came last -- CHAIRMAN LoCASTRO: Well, I don't like the 60 days, but I know if I say no to it right now, you guys walk away, and then that means -- that means all the stuff that has led up to this was basically for nothing. I -- you know, I wasn't a commissioner, but I wouldn't have been a big fan of buying the golf course and all that, but that's ancient history. We've got it sitting here right now. And if we're 60 days away from doing something, you know, I think you guys packing up because, you know, you couldn't get 60 days would be a real waste of all the time that we've waited up to this point and all the progress that has been made. But I can tell you, like, you know, Commissioner McDaniel is saying, you know, he's sort of out of time. I think everybody else here has a very short fuse, you know, because we've got that property for some other projects as well that seem to be, you know, on the same piece of land and are moving forward at light speed. Commissioner Saunders. Sir? COMMISSIONER SAUNDERS: And, again, I appreciate the Commission going forward with the 60 days. Let me explain two things: When we first conceived of this project and purchased the golf course and entered into an arrangement with ClubCorp for the golf course, we had an April 25, 2023 Page 63 engineering firm that went the wrong way. It was our firm that we hired to help us with the permitting on that -- on that whole 169-acre parcel. Because of mistakes done by our engineers, that delayed us probably a year to a year and a half. As a matter of fact, ClubCorp and BigShots hired another consultant to take over the consulting work to make sure we could get through the state permitting. So that probably -- you add the arsenic to that, you add the bats to that, and our engineering mistakes, that probably added a year and a half to two years to this whole process. After that time period, we had the -- you know, the issues with the availability of equipment and all of that -- the increase with inflation. All of that has now piled on top of that. So it's understandable that they've needed more time to reconfigure this project because of the delay and the increase in costs. But I agree as well that 60 days -- you know, if you can't get it done in the next 60 days, then we need to -- we need to start thinking of other things. So I appreciate the Board's consideration, and I would request that we go ahead and vote on the motion. CHAIRMAN LoCASTRO: Okay. So I believe we have a motion and a second; am I correct? We already have one. And this would take three votes? COMMISSIONER SAUNDERS: Yes, sir. MS. PATTERSON: Three votes. CHAIRMAN LoCASTRO: Okay. So I have a motion and a second. So I'll say, "All in favor?" COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? April 25, 2023 Page 64 COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: It passes 4-1. Let's take a break, and let's come back here at 11 o'clock. (A brief recess was had from 10:47 a.m. to 11:00 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. County Manager -- if everyone could take their seats, please, we'd like to start. Okay. What's next? Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Commissioners, we're moving on to Item 7. This is public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chair, we have 12 registered speakers for this item. Your first speaker is Eldon Solomon. I think I've got that right. And he'll be followed by Jackie Keay. MR. SOLOMON: Good morning, Commissioners. Thank you for the opportunity to present here today. There's my clock. Thank you very much. My name is Eldon Solomon. I'm here to introduce myself as the CEO of The Journey Home. We're a veteran outreach organization. We have expanded our services. We're a national organization trying to find veterans who are homeless or at risk. And we have expanded our operations and programs here with a veteran outreach team to Naples. I also wanted to create awareness that, in the journey home of veterans, is a struggle. April 25, 2023 Page 65 You might be aware that between 17 and 25 veterans commit suicide every day, but did you know that when you add drug overdose and accidental deaths of veteran, the veteran death rate rises to 44 per day? You might not know that 33 percent of veterans -- homeless veterans experience war zone deployment and that to the suicide rate amongst -- despite how hard we have fought to decrease the suicide rate amongst our veterans, that rate continues to remain high; and that in rural populations, populations like Naples where veterans are isolated from resources, that rate -- suicide rate can go up to 4.2 percent. You know, you've also heard that the federal government will say that there's 37,000 veterans that they count every year, and that's correct. What you might not know is that those are -- that count occurs in metropolitan urban communities where the veterans want to be counted. In rural communities and other locations throughout the country, that population is not counted. So the veteran homeless population is really, in reality, impossible to count. They estimate that 1.4 million -- 1 million 400,000 veterans in this country are either -- who are at risk of becoming homeless, and that less than 50 percent of all veterans that have access to VA care actually use that care. So our veterans in trouble. And the Journey Home works with local, regional, and national community partners to go find those -- those veterans, walk with them, and connect them to those -- to those services. I provided for you a couple things to think about. This -- the "did you know" status that I just gave you are programs and services. And we're doing a meet and greet tomorrow at the VFW on Neff Way. We'd love to have you all there to be with us and learn more about veteran homelessness. April 25, 2023 Page 66 Thank you very much. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Jackie Keay. She'll be followed by Bo Landers. MS. KEAY: Good morning. For the record, my name is Jackie Keay. I am an Army veteran, and I'm on the board of directors for the Journey Home as well as I am the chair for our national mission. Our goal is not only to end -- or our mission to not only end veteran homelessness but to build partnerships within various communities and regions across the United States and, in building these partnerships, form a network of providing services to veterans so we can attack that suicide rate. Just for example, so we're averaging about 22 veterans dying by suicide each day. That is 154 veterans in a week, 660 veterans in a month, and 7,392 veterans in a year. So as I'm looking at attacking this complex problem, you have to understand that a complex problem requires complex solutions as well as resources. One of the first things that I've thought about when I look at this issue and how, starting at the federal level, we can start addressing it -- as much as I love the fact that we do a lot for immigrants who come to the United States and who want to have a new life -- we provide services, homes, insurance, we provide everything that they need for that new life -- why aren't we providing those same services and resources to veterans? These are the veterans, like myself, who have served our country, who have made many sacrifices, but we have immigrants -- and this is not about an immigrants issue, but we have immigrants coming to our country receiving more services than our veterans. So I feel like that is something that we need to change. Not only that, we need to have a system of -- within the military when veterans get out, they go through transition. So we need to have that April 25, 2023 Page 67 same system within our community where they transition into the community, they are provided these same services that go to other people who come to our country, and within this network of organizations, we're also providing a buddy or a sponsor to help that person integrate into the community. So when we look at this issue, if the numbers aren't changing, we're doing something wrong or we're missing something. So we have to think outside the box. Another thing we have to put onto that is black mold poisoning which leads to a condition called CIRS, chronic inflammatory respiratory syndrome. And as a matter of fact, I heard someone mention Senator Scott. Senator Scott, Senator Rubio, Warren, as well as Ossoff, they contacted the Department of Defense inquiring about the black mold and the contractors that they use. So he would be someone I would definitely like to talk to if we can get connected to him. But we have to think outside the box. And, to me, it's just unacceptable that so many veterans are dying each day, and they're given less services than people who are coming to this country who have not invested in our country. Thank you all very much. MR. MILLER: Your next speaker is Bo Landers. He'll be followed by Michelle Avola-Brown. MR. LANDERS: Hello there. My name is Bo Landers. I'm the national cochair for Journey Home, and I'm just excited to be here. I'm not a veteran, but I grew up in rural Kentucky, and my loyalty and respect for those people that give us all the opportunity to be where we are right now, here in Naples, Florida, wherever, is why I love this veteran program and the outreach program and what we're doing. Because I had lots of friends and family that grew up in hollers that moved back there that were veterans that didn't want help April 25, 2023 Page 68 or didn't want to accept help from the VA or whatever it is. But here, with Journey Home, we're going to the streets. There's so many missed numbers about how many homeless veterans are here. VA says two, somebody says this, somebody says that. I don't know what the quantifiable number is, but I know that as a realtor I do an awful lot of rentals. I work with St. Matthew's House, Shelter for Abused Women, and, you know, there's all these numbers. But I see these guys come into these food lines. I see these guys that need help; they just maybe need a hand or whatever, that aren't being counted. And I think that that's probably one of the most important things to me and my heart is that we take care of those people that took care of our freedom. It's just that simple for me, and that's why I'm passionate about this. And ever how many homeless people are at risk here in Naples, Florida, this Journey Home program, we're going to make sure that we're going to give them help or access to care. Our first part of our national mission is access to care. We have vans here already that we're going to start in the end of May taking these veterans to this care, whether it's mental health or prescriptions. Whatever they need, that's going to be our first step into helping the community resolve whatever issues there is with veterans that are out there in the woods. Maybe they don't want to be counted or whatever the case may be, but we've still got to go try to find them. We've still got to make a grassroots program and get out there. And one thing I've learned with this, veterans trust other veterans. And with my relationships with VFW and all these other groups, I am reaching out to get help to go get those guys that need help. And I'm just blessed to be part of the Journey Home and represent them, and I'm grateful for your time and energy in letting us be in front of you. Thank you so much. April 25, 2023 Page 69 MR. MILLER: Your next speaker is Michelle Avola-Brown. She'll be followed by Craig Manchen. MS. AVOLA-BROWN: Good morning. Michelle Avola-Brown with Naples Pathways Coalition. In 2018, we shared the vision for the Paradise Coast Trail, and in January 2019, with assistance from Rails-to-Trails Conservancy, we coordinated a kickoff meeting with members of their team, broad representation from city and county transportation, our MPO, members of local government, the TDC, Parks and Rec, public transportation, and other community leaders to determine support for a multiuse pathway system. The enthusiasm was overwhelming. Fundraising began, and in April 2019, we hired Kimley-Horn to help develop a strategic plan, map the study corridor in coordination with Collier County Transportation and the MPO, and increase community awareness. A BCC resolution was passed later in 2019 in support of the Paradise Coast Trail, and it was adopted in the county's bike/ped master plan. Senator Passidomo sponsored NPC's legislative funding request for a feasibility study that was signed into the state's budget in July 2020. The study was completed, submitted, and accepted last summer. In February, NPC board members and I met with Dan Rodriguez, Ed Finn, and Trinity Scott to discuss next steps for getting the Paradise Coast Trail built. We were advised of the need for a workshop of commissioners and county staff, Transportation, Parks and Rec, Tourism Development, et cetera, to take a deep dive into the Paradise Coast Trail. An action item from that meeting was the project list I received from Trinity that I forwarded to each of you. It included numerous projects that will ultimately become part of the Paradise Coast Trail, April 25, 2023 Page 70 but it still won't be completed by 2045. Our goal today is to schedule a workshop on the Paradise Coast Trail with the results being a plan to have all 70 miles built and connected within five to 10 years. We need to place its construction high on the priority list so we can start reaping all the benefits that we're missing out on. The trail will broaden our tourism offering, spark new business development along the trail, and increase our tax base, especially in the eastern part of the county. More importantly, it will connect to and greatly increase use of the new sports complex and enhance the value of that investment. It will improve safety for walkers and bike riders; enhance quality of life; provide safe, affordable fitness and recreation for people of all ages and abilities; and help move commuter cyclists off of our crowded sidewalks. I sent you each an FDOT study on the extensive economic benefits of trails that we're missing out on that would pay for a lot of other great projects and programs, and the exciting news about the $250 million of SUN Trail funding for the 2023/24 fiscal year. NPC is requesting that our county grant writers apply for this funding so we can catch up to the rest of the state's trail networks. I'm happy to assist in any way I can. This trail will be part of our shared legacy if prioritized appropriately. Please schedule a workshop in the very near term, and please encourage our county grant writers to apply for the funding. Thank you. MR. MILLER: Your next speaker is Craig Manchen. He'll be followed by Nat Smith. MR. MANCHEN: Good morning, Commissioners. My name is Craig Manchen. I want to draw your attention to a serious problem facing our April 25, 2023 Page 71 community, the safety of pedestrians and cyclists on our roads. Did you know that Florida ranks among the top three states in the country for pedestrian and cyclist deaths? It's a shocking statistic and one that should alarm all of us. As an avid cyclist, I've seen the dangers first hand. I've had friends who were seriously injured while riding and, tragically, I've had two friends that were killed. Many of my friends are no longer willing to take the risk of riding on our roads. And who can blame them? With distracted drivers, speeding cars, narrow bike lanes, it's simply not safe. But there is a solution. In my hometown of Cleveland, Ohio, we have miles and miles of separated paved trails for pedestrians and cyclists to enjoy. These trails are a safe haven away from the danger of the roads, and we can have the same thing here in Naples. The Gordon River Greenway is a fantastic example of what's possible. This separated trail is four miles long and provides a safe space for people to walk, run, and bike without fear, but we need more. We need the Paradise Coast Trail, a 70-mile paved trail that stretches across our community. The Paradise Coast Trail would be a boon for families and outdoor enthusiasts alike. It would provide a safe space for people to enjoy the beauty of our community without the fear of being run over by a distracted driver. It would encourage more people, more families to get outside, exercise, and explore our community. So I hope that we can count on your support in the building of the Paradise Coast Trail. It's an investment in our community's safety and well-being and one that we can all be proud of. Thank you for your time and consideration. MR. MILLER: Your next speaker is Nat Smith. He'll be followed by George Dondanville. MR. DONDANVILLE: Good morning. Nat Smith, Naples, April 25, 2023 Page 72 Florida, resident, taxpayer. I feel like I'm in a poker game, and I didn't know which ace to play. I've got a whole handful of aces. Let's see. Taxpayer, veteran, grandfather, father, husband, Naples Pathways Coalition board member, City of Naples Community Services Advisory Board member. You know, I'm feeling really good here, really good. We are asking for your help in getting Collier County's share of the $250 million in funding that the state just approved for multiuse trails. We are underrepresented compared to other counties within the state in terms of the amount of current trails we have. So now I'm putting on my retired businessman hat. How do we get it? Well, boy, we start by asking for it. And we are in a wonderful position given the support we have from State Senator Kathleen Passidomo. So then I'm thinking, okay, can we use this to enhance the value of the investment that you-all have already approved in the Paradise Coast Sports Complex? So that was looking pretty good. Completely agree with Craig on the safety issue. I, until I became a resident of Naples, Florida, did not personally know people who had been either in serious accidents or killed as a result of cycling. But -- so this, to me, just seems like a wonderful opportunity to use -- and this is only the second time I've spoken in front of the commission -- to use what we used to call OPM in the business, other people's money. So the money's out there. It is a wonderful time to take advantage of this. I would appreciate your help. Thank you. MR. MILLER: Your next speaker is George Dondanville. He'll be followed by Susan Sonnenschein. MR. DONDANVILLE: Good morning, Commissioners. My name is George Dondanville. I reside at 2460 14th Street North, which is -- if you don't travel inside the city limits, it's just on the April 25, 2023 Page 73 north side of Naples High School. I've lived there for well over 20 years, but I've been a resident of Collier County, but mostly all the time in the City of Naples, since 1986 when I came here with a bicycle shop that had moved and opened up business here. They moved down from Lee County. I met Commissioner Saunders during that period of time, I believe. Anyways, I'm also a founding member of NPC, so I speak from that. I'm back on the board again after having been off the board for a little while. I'm here to reiterate the request to have that workshop. It's high time that we have it for all the benefits that have already been described and also to request that we apply for our fair share -- Collier County's fair share, of that $250 million grant that's out there to help build the Paradise Coast Trail. I don't know what each of your habits are as far as exercise. I know that in the past I've seen Mr. Saunders out riding his bike and participating in bike rides and other athletic events. I know currently that I ride with Commissioner Hall. I did so yesterday. Not for very long, because I had to go attend a meeting. I'm on the CRA Advisory Board in the city, and I had to go attend that meeting, so I had to leave early. But I've ridden with him before that. During the time that he was running for commission, he used that as a vehicle, we'll say, his rides, to advertise throughout the northern part of the county over on the west side that he was running for commission. And, hence, I look to him to help lead this effort on behalf of NPC, I would say, and some of the other shareholders, we'll call them, like the Naples Velo, that you, in riding, realize the problems that you have as a rider. The rest of you, if you get out at all on foot in the community, would realize very quickly the problems, but even just a driving your car around the community. When I came in '86 there were -- you could count them on your hands how many people went out on a ride, April 25, 2023 Page 74 and there was basically one place to go ride, and it was up in Pelican Bay. And we would sneak over into Pine Ridge and ride over there. Riding through the city, you wouldn't see anybody hardly. I'd get up early in the morning and go out before breakfast, and I could ride from the bottom of Gordon Drive all the way up to Seagate and back as many times as I want. And if I saw one car or two cars, that was it. Well, we've become bigger, and we need off-road facilities in order to make it safer. So with that said, I'd just ask if you would see that we have that workshop and that we apply for those grants. Thank you very much for your time. MR. MILLER: Your next speaker is Susan Sonnenschein. She'll be followed by Tyler Wood. MS. SONNENSCHEIN: Good morning. My name is Susan Sonnenschein. German for sunshine. And I am on the board of directors of Naples Pathways. I just wanted to talk about the many reasons that we should support the construction funding of the Paradise Coast Trails. But the primary thing I want to highlight is the benefits to tourism and the resulting economic benefits to our community. In the news, nearly every day we hear about challenges on our beaches, erosion, the giant seaweed thing that's coming to us, the hurricanes, red tide. So how about we support an activity that attracts tourists who have interests other than just going to the beach? Since the beach could be problematic for us sometime in the future. Bike trails are a huge economic machine in many, many communities across the United States. Bike tourism is even bigger in Europe. I have been traveling around the United States and in Europe on -- just going on safe bike trails. It's kind of the thing I love to do. And when I do that, I spend a lot of money on these trips in the communities that I visit. April 25, 2023 Page 75 On these wonderful trips that I take, one in three weeks to Europe to bike in the Alps, we rent bikes, we stay in hotels, we eat in restaurants, we visit museums, we buy stuff; in other words, we spend lots of money on these bike trips. The one thing that we do not do is get in a car. Naples needs to have an alternative outdoor experience that attracts tourists. The kinds of tourists cycling attracts are adults and family who have money to spend. In light of our ongoing beach issues, it makes a lot of sense to invest in attracting a different type of tourist, one that will result in many new small businesses aimed at servicing the cycling tourist industry as seen across the country. You don't have to travel very hard -- sorry, very far to see the success of trails near by. The Legacy Trail, which starts in Venice, was recently extended to downtown Sarasota. Sarasota was smart, as they recognized the value of bringing bicyclists to downtown. They don't need parking spaces, they like to drink a beer or two, they like to eat meals, they buy gear. It's green and it's green; no pollution and green dollars. Naples and Collier County will -- sorry, will huge -- yeah, will -- could reap huge benefits from the Paradise Coast Trails, so let's get some of that grant money that's available. Thank you for your support. It's a smart investment for our community. Thanks. MR. MILLER: Your next speaker is Tyler Wood. He'll be followed by Ashley Jenkins. MR. WOOD: Hello, everybody. My name is Tyler Wood. I've spoken to some of you and -- over the past couple of years. I'm the director of ESG and sustainability with Gravitas Infinitum. We're a sustainable impact holding company. We were selected top 50 most innovative companies in the world about a year April 25, 2023 Page 76 and a half ago. So I spent a lot of years kind of shaking the tin cup looking for, you know, cash. And we got -- went through our techno-economic due diligence with a multitrillion dollar sovereign advisory group that's U.S. based. And, basically, they've provided us a tremendous opportunity, both for here and around the world, to talk about the trash and waste. Also, we're members of the Solid Waste Association of North America. I'm a member of their technical division for sustainable materials management. There's an RFI that's coming out we'll be participating in dealing with the waste in the landfill, the recycling, the sludges, the -- you know, the various trash, especially from after the storms and whatnot. And I just wanted to share that we're going to be participating. We'd like you to be aware of what we're doing. I've had some conversations with, you know, Commissioner Saunders, and looking forward to kind of sharing a little bit more and making you aware of what we're doing not only here but around the world. Thank you very much. COMMISSIONER SAUNDERS: Mr. Chairman, could I ask a question? CHAIRMAN LoCASTRO: Sure. COMMISSIONER SAUNDERS: I believe, Mr. Rodriguez, you're going to in touch with -- MR. RODRIGUEZ: Absolutely. COMMISSIONER SAUNDERS: I just wanted -- because I had mentioned that I would make sure that someone from staff did talk to you about whatever that project was so we could get some information on it. So just a reminder. MR. RODRIGUEZ: Absolutely, Commissioner. In fact, Dr. Yilmaz and Solid Waste -- Kari, the director of Solid Waste, they have the RFI that he mentioned coming out. Great opportunity for April 25, 2023 Page 77 this vendor to respond and provide his technology so we can take a look. COMMISSIONER SAUNDERS: Great. Thank you. MR. WOOD: Wonderful. Thank you very much. MR. MILLER: Mr. Chair, your next speaker is Ashley Jenkins, and she'll be followed by Shelley McKernan. MS. JENKINS: Good afternoon, Commissioners. For the record, my name is Ashley Jenkins, 34102. And I'm here to ask why we're reconsidering engaging the U.S. Army Corps of Engineers' feasibility study when it was a failure in 2018 and 2021 to adhere to the environmental compliance. The study used an emergency supplemental bipartisan bill then, preceding Irma, Harvey, and Maria, to go around being environmentally feasible. Studies could be conducted, then after be tested to be environmentally compliant, which it was not. This is a gigantic waste of resources from taxpayers. How do you propose to take millions of taxpayer dollars to repeat a study that will not meet environmental compliance another time and with a governmental arm casually insinuating eminent domain? This is the definition of insanity. The county has paralysis analysis. In lieu of solutions, which are cost-effective and have been emailed to each of you, now we have more proposed research from engineers. The Army Corps of Engineers is responsible for the pollution from Lake Okeechobee. Their present proposals of flooding Eastern Collier via the south-flowing storm ponds from the lake is deeply concerning. The now-proposed concrete structures or manmade natural elements pose a threat to water health; property rights; endangered animals, and particularly our sea turtles which return back to the very spot that they were birthed to mate and nest; tourism; April 25, 2023 Page 78 and, essentially, create barriers to the Gulf of Mexico. Zero person wants congested sea gates. It is clear that, should these be closed by any facet of government like influence from elite terrorists or foreign adversaries who have staged simulations of another scam-demic in the name of climate change -- Let's think what the Grand Canyon, Niagara Falls, and Colorado River hold in common. Water crushes rock. Zero concrete or structures will ever prevent the flow of water if forces behind it, such as a higher-event storm, as we have experienced. We now know that Marco Island, Pelican Bay, and Port Royal were left vulnerable in this proposal. Water would still flood and, in this projection, other areas would now be vulnerable. The construction proposed would be a nightmare in our area, and how does this fit with the backload of previous development already in queue? The last time that the county saw this type of surge was 62 years ago in Hurricane Donna. The City of Naples just spent 5 million to study the permit to pollute in lieu of solving the problem for pennies on the dollar in storm ponds, and staff's recommendation was to do more studies. Likewise, slap a filter on our polluting pipes, treat the water, and dredge displaced sand contributing to tidal rises. Re-nourish our beaches beyond the berms as Miami and numerous other areas have done. Sand will always move around. And instead, staff members are now recommending a feasibility study that is a waste in lieu of solutions. The Army Corps failed to answer direct questions in NEPA scoping. There was zero posting of the public meeting on April 18th. I have searched with tireless of aid [sic]. Hundreds of questions were talked around and avoided. The public does not want this. Adequate public notice is a joke, because less than .1 percent of residents and stakeholders were initially there for the April 25, 2023 Page 79 consideration. Building a seawall is a fantasy being instigated in the name of environmental concerns from the same enthusiasts who contributed to the 4 billion-plus ineffective mass in our landfills daily. You are a nonfederal sponsor, gentlemen. You will be held accountable if this progresses instead of compelled solutions you have for public health and safety. I thank you for your consideration. MR. MILLER: Your next speaker is Shelley McKernan. She'll be followed by Garrett Beyrent. MS. McKERNAN: "Shello," Commissioners. My name is Shelley McKernan, 34102. I'm here to speak about the United States Army Corps of Engineers' study. What an expensive study that actually doesn't create a better solution that the public wants. More concrete is not the answer in this once-failed study. We have manipulated the land that used to be mangroves, polluted the water, and now you are spending our tax dollars to consider putting up concrete and steel blockades to our waterways that will cause more harm to the environmental, wildlife, tourism, and real estate. Plus, it looks like one would be capable of locking boats in if a government agency chooses to do so. For less than what you were spending on this once-failed study, we could put filters on our existing infrastructure to remove nutrients and other pollutants. Please move forward with the filter from Flowclear. It can remove nutrients, copper, PFAS, pollutants, and more. I kindly emailed that information about the filter last month, which was misrepresented by staff in a meeting, and heard nothing back from staff or Rick LoCastro. We are not utilizing a hydrogen peroxide real solution from April 25, 2023 Page 80 BlueGreen Water Technology to address harmful algal blooms because it may cause more harm. But this wall will cause much more harm to the wildlife than trying to balance our waters out. We have a nutrient problem and overgrowth of algae that everyone acknowledges which, over time, will continue to decrease oxygen in the water. The Army Corps of Engineers choose to release Lake Okeechobee when it is a known fact every February we have a major red tide bloom. What the shall? You trust them to put this study together and have our best -- you trust them to put the study together and have our best interest at heart? We must have local representation and natural solutions for this project. Why was the Coastal Advisory Committee removed from all of the study? Why is the term "eminent domain" being thrown around? My question was not answered or addressed at the virtual call, along with many other questions that were skipped over. I'm hoping I'll have more luck tomorrow evening. I do not want what the United States Army Corps of Engineers have proposed thus far. Please, I beg you to address water quality. Ashley and I have brought forth solutions for months. Please have staff reach out to these companies to get the real answers that would apply to our environment so we have a safer county for humans and nature alike. We will be sending additional emails and follow-up this week. Thank you so much for your time. We want and need to stop doing harm to our water. Thank you. CHAIRMAN LoCASTRO: Okay. Mr. Miller, before we go to the next person, I mean -- and this might be a little bit out of sequence, but I just feel the need to make a comment to separate rumor from fact for you two ladies and anybody that's listening, and I'll address specific statements that you said without getting into a big April 25, 2023 Page 81 debate here. We're not restarting a failed study; we're letting them finish one. We haven't considered or agreed to anything by the Army Corps and their -- they haven't made any proposals yet that we have voted on. So nothing's been proposed. The walls are merely conceptual, or cartoon drawings, as I've called them in my replies to citizens; not a plan, not blueprints, and nothing that we voted on. The April 18th meeting, that was posted. I was on it, and so were 600 other people, so they must have found out about it somewhere. But that virtual call is the first of many public comments. The next one's actually going to be in person at the East Naples Library, so I expect -- I encourage you to be there. And public comment will continue. We don't expect to get the final report till possibly 2025. So no walls, moats, you know, Game of Thrones castles, or any of those cartoon drawings that you have seen have been anything that we have considered, voted on, talked about, or anything like that. And their final report will have all kinds of things in it. And I will tell you, I think a big part of their report is going to be a natural type of thing. So if you've ever worked with the Army Corps before -- and I've said it in this room till I'm blue in the face -- they're going to give us a proposal that's huge, and it's going to stem from everything of "here's where you should add a little more sand and maybe some more mangroves," to "if money was no object, you could build castles, moats, and gigantic swinging doors and maybe a couple of Panama Canals that would protect all of Collier County." And those are obviously things that aren't realistic, aren't affordable, but what the Army Corps does is they give you a plethora of analysis and study. But we've voted on nothing, we've decided on nothing, and nothing has been presented to us. April 25, 2023 Page 82 So the cartoon drawings that I've seen on Facebook aren't a proposal to county commissions and certainly is nothing that we've approved or agreed to. So I'll just leave it at that. And I welcome anything additional that, you know, you send. I get 300 emails a day, so sometimes when you just send me background information, it doesn't -- you know, I appreciate it. If you need me to send a reply and, say "thank you very much" -- but it doesn't necessarily sometimes say -- you know, your email, here's some information I want you to consider. So I did see the email. I think because it's so premature -- and I would get ready for lots of public comment. I actually thought that their first virtual public comment period was very useful. It could have been better, but they have so many more that are coming, and we'll have a bunch as well. So I'll just leave it at that. Next. MR. MILLER: Mr. Chair, your final registered speaker for Item 7 is Garrett Beyrent. MR. BEYRENT: For the record, Garrett FX Beyrent. 87086, that's my innate number while I was waiting for two years in that jail to be deported to Guantanamo Bay, charged with urban terrorism. The joke was, I actually am [sic], but then again, we were because we were Army. And I just happen to be like my father. My father joined the Army in World War II, and he was an INS special agent. His job was to go into all the ghettos in New Jersey, New York, and Chicago and roust all of the suspect Nazis that were blowing up ships that were sitting in harbors. Needless to say, that was not a very pleasant job, but he did a really good job. He was a special agent INS. When I joined the army in 1968, I joined the Army National Guard, which at the time Richard Nixon felt we were going to go into a nuclear war over the April 25, 2023 Page 83 situations we were in with Vietnam. Now, I never went to Vietnam. I cannot tell you that -- I did go to the jungles. And I don't know where I was, but I wasn't legally in any of these places, but I was there. So the long and short is that the Army National Guard had appointed me special -- I had secret clearance. My job was to protect New York City from incoming MiG jets that were suspect. I manned a radar unit on a hillside in Livingston, New Jersey, and I had secret clearance. So I was able to fire weapons into the City of New York. They were -- they were nuclear capable, but we didn't have any nukes on our rockets. Our rockets were defensive rockets, and we were waiting for three MiG jets to actually come into New York; true story. As I was leaving, they were starting construction on the World Trade Center. We were thinking at the time -- Nixon told us they're going to take out the Empire State Building which, oddly enough, back in World War II was my father's headquarters. He had an office in the Empire State Building with INS, Immigration and Naturalization Services. That was an offshoot of J. Edgar Hoover's idea of trying to get all kinds of people out there looking for bad guys, and that was our job. So the bottom line -- oh, real quick -- is that when I got together -- back in 1988, I got together with Jeff Ryan. I know he was a combat veteran in the Air Force, and I'm a combat veteran, too. But we got together and created what you guys know as St. Matthew's House, but that's a half-hour trick to tell you how I did that one, because I had help from a lot of people. Owning the land helps. But trying to get all you guys -- they've got to give you a fire station and all kinds of cool stuff. But it's there. Thank you very much for letting me share that with you. April 25, 2023 Page 84 Really quick, though, my business card says, "All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke. Thank you. MR. MILLER: Mr. Chair, I was mistaken; hard to believe. We do have someone on Zoom for this item, H. Michael Mogil. Mr. Mogil, you're being prompted to unmute yourself at this time, if you'll do so. And there he is. Mr. Mogil, you have three minutes, sir. MR. MOGIL: Thank you. Good morning, everybody. My name is Mike Mogil. I'm a professional meteorologist, a critical thinker, and a nearly 20-year Collier County resident. Today I want to talk briefly about development in a general sense. Mr. LoCastro has provided me my introduction; I thank him for that. Earlier he noted that drainage at the sports complex and other areas is not necessarily doing what it was intended to do. He stated, quote, "beware, flooding." I've been stating that at Collier County Commissioner meetings for several years. He suggested that the drains might not be up to the current task. For example, grading or drainage. I contend the issue goes far, far beyond this. We need to be examining the impact of urbanization and the paving over of Collier County and getting some statistics on what our total impervious land cover is. We are also losing tree cover. So I ask, does Collier County have maps, tables, and other data that defines the current and historical impervious cover over the county? And if we can't do this countywide, maybe we can do it by commissioner areas. If we don't look at the impervious cover we have now and where we've come from, we may be reading about Naples instead of Fort Lauderdale during the next heavy rainstorm. Are we also looking at how development impacts natural areas? I'm a member of the Audubon Corkscrew Preserve. I'm not a far April 25, 2023 Page 85 right or left environmentalist, but I'm a pragmatist. So I queried the folks about the encroaching development on Immokalee Road as the road starts its northward curve. There's a huge shopping area being put in there. They were emphatic that development is already impacting the preserve and the animal life that's there, and development is just getting started in earnest. Finally, what are guidelines for community information meetings? Who gets notified? How are the meeting times and meeting locations determined? One meeting several months ago was held almost 10 miles from the develop -- proposed development site and would-be attendees had to travel Collier Boulevard during rush hour during season. Further, notification seemed to be limited to the area immediately adjacent to the development site, yet there are systematic issues with how these meetings are publicized, the issues among different communities, and nobody has any interaction of what's going on across the entire county. Divide and concur is not the way to ensure community involvement. I would like to see technology put to work with an interactive map showing all the areas where development is being planned and being progressed, including meetings, reviews, et cetera, so community members and organizations can fully be part of the process of development in the county. This can be done. We have the technology. All we have to do is make a commitment to share the information so the community at large, not just the areas where one piece of development is taking place, can be part of a larger picture. I urge you to do that. I will leave my comments concerning the Army Corps of Engineers study and traffic until the meeting tomorrow night and the meeting in two weeks, respectively. Thank you for your time. MR. MILLER: That truly was our final speaker, sir. CHAIRMAN LoCASTRO: So. Next? April 25, 2023 Page 86 Item #9A ORDINANCE 2023-21: AN ORDINANCE REZONING A PORTION OF JUSTIN’S VILLAGE TO INCREASE DENSITY, BY AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 RESIDENTIAL MULTI- FAMILY-6 (RMF-6) ZONING DISTRICT WITH A GATEWAY TRIANGLE ZONING OVERLAY-RESIDENTIAL SUBDISTRICT (GTZO-R) TO A RESIDENTIAL MULTI-FAMILY-12 (RMF-12) ZONING DISTRICT WITH A GATEWAY TRIANGLE ZONING OVERLAY-RESIDENTIAL SUBDISTRICT (GTZO-R), TO ALLOW UP TO 28 TOTAL MULTI-FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON 2.33± ACRES OF PROPERTY LOCATED SOUTH OF LOTS 6 AND 18, BREEZE OF CALUSA SUBDIVISION, ON JUSTIN’S WAY, APPROXIMATELY 500 FEET SOUTH OF CALUSA AVENUE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220003739] (MIKE BOSI, PLANNING AND ZONING DIVISION DIRECTOR) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL –APPROVED MS. PATTERSON: Commissioners, that brings us to Item 9A. April 25, 2023 Page 87 This item requires that all participants be sworn in and provide ex parte disclosure by commission members. This is a recommendation to approve an ordinance rezoning a portion of Justin's Village to increase density by amending Ordinance No. 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas maps or maps by changing the zoning classification of the herein described real property from Residential Multifamily 6 zoning district with a Gateway Triangle Zoning Overlay Residential Subdistrict to a Residential Multifamily 12 zoning district with a Gateway Triangle Zoning Overlay Residential Subdistrict to allow up to 28 total multifamily dwelling units with an affordable housing agreement on 2.33 plus-or-minus acres of property located south of Lots 6 and 18, Breeze of Calusa Subdivision on Justin's Way, approximately 500 feet south of Calusa Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida, and by providing an effective date. Just for -- before we swear everybody in, I just wanted to let everyone know that this item originally was scheduled for the summary judgment due to it having a unanimous vote of the Planning Commission and no public opposition at this time. But when we were preparing the agenda, we did receive a request from the East Naples Civic Association for this item to be pulled to the regular agenda where it appears now. CHAIRMAN LoCASTRO: Okay. Let's have Ms. Lewis swear everybody in, and then I'll go for ex parte from all the commissioners. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN LoCASTRO: Commissioner Kowal, do you have any -- April 25, 2023 Page 88 COMMISSIONER KOWAL: Yes, I have meetings on the ex parte. CHAIRMAN LoCASTRO: Meetings, okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I've had some meetings and correspondence concerning the project. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Just a meeting. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I have meetings and emails. CHAIRMAN LoCASTRO: Yeah. And I've had meetings and emails. Okay. Let's proceed. MR. NADEAU: Mr. Chairman, Commissioners, good morning. For the record, my name is Dwight Nadeau. I'm providing urban land-use policy counsel to the petitioner, St. Matthew's House, or SMH Properties of Southwest Florida, as well as to the petitioner's agent, Hagan Engineering. I am a registered lobbyist, as is Engineer Hagan. As the manager identified, this petition was on the summary agenda up until the printing of the agenda. It was recommended by staff for approval. We did get a unanimous recommendation of approval from the Planning Commission. We are prepared to make a robust presentation for you this morning if you choose to do so. Perhaps there may be some public speakers that may want to present. So we really leave it up to you. CHAIRMAN LoCASTRO: Yeah. Let me jump -- let me jump in here. First of all, as our County Manager said, anything that's on the summary or consent agenda, if she gets opposing views or the Planning Commission doesn't vote unanimously, then she reserves the right to move it to the regular agenda, and then we all get to meet with her yesterday, the day prior. So if we have an issue April 25, 2023 Page 89 with it, any commissioner can have a conversation, and none of us did. You know, having said that, I actually was surprised that there was opposition. So I guess, you know, unless it's out of order, before you dive into a big presentation, I'd like to hear from the people that suggested we pull it off of the -- what was it? Was it on summary agenda? -- you know, if they're here. MR. MILLER: I have no registered speakers for this item, sir. CHAIRMAN LoCASTRO: Okay. I mean, you know, part of, you know, county government is, you know, we're by the people, for the people. They have time at the podium, and, you know, I guess I open the floor up to my colleagues and see if any particular commissioner maybe has issues, maybe that an opposing viewpoint reached out to them and they thought it had merit. So I see a couple lit up. So we'll start with Commissioner Hall and then, Commissioner McDaniel, you're on deck. COMMISSIONER HALL: I don't have anything in opposition to it. I was going to make a motion to approve it. And it's -- the petitioner owns all the property in the neighborhood. He's just asking to put some extra -- extra density in the neighborhood, and I thought it was a great idea. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I was just going to second the motion. They've got plenty of protection and separation from the surrounding property owners, both vegetative and a fence, and it's also a gated community. So the concern of some of the neighbors was that there will be people wandering in and out of that project and just wandering into the neighborhood's yards, and they'd have to come out the front gate and walk around the street to do that, so I don't have any issues with this. April 25, 2023 Page 90 CHAIRMAN LoCASTRO: If I can ask the St. Matthew's House CEO to come forward, Steve Brooder. I just have a question for you, sir. Something came to my attention from, I believe -- I don't know if it was the folks or the person or whatever who had the opposition. It may or may not have been. I got it sort of third person. But they attributed an exact quote to you. And I think I've worked with you long enough that I was flabbergasted if you would ever say this but, if you did, I'd like you to correct the record. But what they basically said was, quote, the reason why we need all this additional density and we need to build all these additional units is because we've been, quote -- this is the quote, importing -- "importing homeless into Collier County." And so we're not taking care of our own. We just have an influx of homeless that are being imported here to use our services. And although, even when I've -- you know, for four years I've gone out with the Wounded Warriors out into the woods looking for veterans and even civilian homeless people, you meet people that have moved here from other places, but, you know, I never met anybody that said, oh, they raced over here because they didn't have any resources in Daytona and so they were coming here. And I'm not saying that those people don't exist, but, you know, somebody attributed the quote that you -- in saying that you said it, and I -- you know, is that a true statement, or was that taken out of context? Because, you know, I truly would like to know if we are going to maximum density and being as supportive as we are at the county because you feel like -- that the numbers here are artificially inflated due to people that are racing to this area to utilize your services as non-Collier County citizens. I mean, what's your response to that? MR. BROODER: Well, thank you, Mr. Chairman. Steve April 25, 2023 Page 91 Brooder, for the record, CEO of St. Matthew's House. I never would have said anything like that. That's not factual at all. It's a misrepresentation. And when we talk about this project, it's not for homeless individuals. It's for people that want to live and work in Naples, so -- they pay rent. We manage the 11 single-family homes that are there currently. We will manage the entire facility and keep it really to, I would say, high standards for the community. So, yeah, it's not for homeless people. It's for people that are working. They have incomes. They have checking accounts. They have savings accounts. They pay their rent. And we hope that you'll vote in favor of this project. CHAIRMAN LoCASTRO: Okay. And I wanted to give you the floor to clear that up and get it on the record because I think some of the misconception out there by people that have maybe never liked St. Matthew's House, it's easy to say you're a soup kitchen, you know, you provide shelter for homeless people, which we all already know that. You also don't provide shelter for people who are -- who won't agree to live by your rules and be off of drugs and, you know, you have a very specific filter. So it's not a matter of everybody just get sort of a free lunch and walks in the door. And I've gone on record before saying I lived all over the country, and every place I lived would kill to have a St. Matthew's House. So if we need to paint out of the lines a little bit or increase density or do some things that are going to bring this very valuable resource to our community to take care of our own, I'm a champion for it. So I already have -- I have a motion, and I have a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. April 25, 2023 Page 92 COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you, sir. MR. NADEAU: Thank you, Commissioners. CHAIRMAN LoCASTRO: What's next? MS. PATTERSON: Chair, if -- before we go to the land use, which I would suggest -- 9B is the East Naples Overlay and 9C is the RFMUD -- we might take a couple of these agenda items that are under 11, either the beach berm or the AshBritt contract. We can knock those out before lunch and let those folks go. CHAIRMAN LoCASTRO: Perfect. Yeah, let's take those just in order as you gave them. Start with the berm. Item #11A TO RATIFY THE COUNTY MANAGER’S AWARDING OF INVITATION TO BID (“ITB”) NO. 23-8111, “COLLIER 2023 EMERGENCY BERM TRUCK HAUL AND CONSTRUCTION, REACH A” TO PHILLIPS & JORDAN, INC., IN THE AMOUNT OF $6,723,041.50, “COLLIER 2023 EMERGENCY BERM TRUCK HAUL AND CONSTRUCTION, REACH B” TO EARTH TECH ENTERPRISES INC., IN THE AMOUNT OF $8,422,934.50, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED THE AGREEMENTS, APPROVE THE ATTACHED BUDGET AMENDMENTS, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (HURRICANE IAN, PROJECT #50280) (ANDREW MILLER, P.E., MANAGER, COASTAL ZONE MANAGEMENT) - MOTION TO APPROVE BY April 25, 2023 Page 93 COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED MS. PATTERSON: All right. So starting with Item 11A is a recommendation to ratify the County Manager's awarding of Invitation to Bid No. 23-8111, "Collier 2023 Emergency Berm Truck Haul and Construction, Reach A" to Phillips & Jordan, Inc., in the amount of $6,723,041.50; "Collier Emergency Berm Truck Haul and Construction, Reach B" to Earth Tech Enterprises, Inc., in the amount of $8,422,934.50; authorize the Chairman to sign the attached agreements; approve the attached budget amendments; and make a finding that this item promotes tourism. And Mr. Andrew Miller, manager of Coastal Zone Management, will answer questions or present. CHAIRMAN LoCASTRO: Commissioner McDaniel, did you want to open with some comments or -- COMMISSIONER McDANIEL: Well, I was going to make a motion for approval. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: And then I had a comment once we got to a vote. If you want a presentation, that's fine, too. CHAIRMAN LoCASTRO: No, I would second the motion. I got all the details I needed yesterday. COMMISSIONER HALL: Yes. CHAIRMAN LoCASTRO: Does any other commissioner have a question or anything? (No response.) CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: I do have a comment, and the comment is, is what I would like to see going forward is -- it's been brought to my attention by several of the folks who actually live on April 25, 2023 Page 94 the beach that maybe we engage with the Botanical Gardens as the City of Naples has for recommendations and availability of plantings for stabilization so that the sand doesn't just wash away. That was the comment that I'd like to see. I know that this was a jam-up job to get the beach renourished and protect us in the next upcoming hurricane season, but I'd also like to see an influence of plantings to better stabilize the beachheads as well. So with that, I'm good. CHAIRMAN LoCASTRO: Okay. So I've got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Sir, while I've got you at the podium, you're our main button for Coastal Zone Management, correct? MR. ANDREW MILLER: That's correct. Andy Miller, for the record. CHAIRMAN LoCASTRO: The citizens that were here before saying you guys were scraped off of the committee that included the Army Corps, was that -- were you in here? Is that a correct statement? Were you part of a working group and somehow got kicked to the curb? That's what they were inferring, and that's the first time I had heard that. MR. ANDREW MILLER: The Coastal Advisory Committee is still going to be involved to some extent. I think there is a new -- a new task force. I'm not exactly sure. MS. PATTERSON: Let me help a little. So the Board gave April 25, 2023 Page 95 direction a couple of meetings ago to form, essentially, an ad hoc citizens group. CHAIRMAN LoCASTRO: Right. MS. PATTERSON: It doesn't take away the things that our Tourist Development Council or our CAC will see at the appropriate time. They're also able to attend those meetings and get information from staff and get updates from staff just like they would on any project. The other thing, just to correct the record a little bit, is those -- those drawings that we're seeing out there -- I've seen them on Facebook -- those were not generated by the Corps. So that's some other groups that have been taking the old Corps -- some of the old information from the Corps, the prior Corps project in the point that it got to that had a lot of hard and structural features, and they have animated those for effect. The Corps is not proposing anything right now because they've gone back and regrouped, and now we're coming forward and looking at all of this work again. And they received the message loud and clear from Collier County the last time that our tolerances for large walls and floodgates is limited, if any. So this idea that the Corps is generating this whole "we're going to wall off the whole county" is not accurate. CHAIRMAN LoCASTRO: I would just say that I attended the Zoom meeting and was on it for pretty much the whole time. That would have been really strong if they would have opened with that, because the inference through the whole presentation -- I mean, and the plethora of questions that people were typing were all about the walls, the moats, the gates and all that. And if they would have opened with that -- and even the slides that they used, if they would have even shown that slide and say these are dated, these are old, and separated rumor from fact quickly -- so I think we have another April 25, 2023 Page 96 meeting coming up at the South Regional Library. That should -- you know, that suggestion needs to go back to them strongly. I'm sure that they would appreciate anything we can do to tighten up their presentation with some less -- and especially since it's going to be an in-person presentation. MS. PATTERSON: We'll speak with them about that. And, lastly, remember is that this isn't -- so while this is our money collectively as taxpayers of the United States, there's not local money. CHAIRMAN LoCASTRO: County. MS. PATTERSON: This is not local money, but in the end, we are the nonfederal sponsor, and nothing goes without your approval. And all you've given them approval to do is start this back up to look at it and provide information. In the end, there's a whole 'nother pathway for a locally preferred plan that if we can't come to agreement on the way that this -- the traditional method, there's a whole 'nother path we can go down. No decisions have been made. CHAIRMAN LoCASTRO: Okay. Great. So I think we had a motion and a second. I think we approved this unanimously, correct? COMMISSIONER KOWAL: I just wanted to -- CHAIRMAN LoCASTRO: Oh, I'm sorry. And I do have two people lit up. Commissioner Kowal and then Commissioner McDaniel. COMMISSIONER KOWAL: I would just like to -- you know, whoever's out there listening, is watching right now, that -- from my constituents -- because I think either it was Wednesday evening or I think it was Thursday morning, one of these independent groups that had, like, an official name and made it look all official, they actually took a full-page ad out in Naples Daily News. And when that hit there with these drawings and these things that weren't really true April 25, 2023 Page 97 that -- we've seen none of this, and they put it out that way in trying to look official, my correspondences blew up. And I just want to make sure that everybody understands that this is -- these people are not -- affiliated in no way what we are dealing with right now. COMMISSIONER HALL: Fake news. COMMISSIONER KOWAL: So I just want to make sure that's clear. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And just to briefly report -- or repeat what Commissioner Kowal has said, it's important that folks be mindful of the information sources that you receive and where that information, in fact, comes from. There's a lot of competing factors out there and folks that are putting out a lot of propaganda that just is not true. So with that, be very wary of the information sources, and just because it says it, it doesn't -- that's one of the reasons why we established an advisory committee, an ad hoc committee appointed by this board to officiate at these public meetings and to help herd the information chain so that the truth is, in fact, told. So I'm good. Thank you. CHAIRMAN LoCASTRO: Okay. Thank you. MR. ANDREW MILLER: Thank you. CHAIRMAN LoCASTRO: What's next? MS. PATTERSON: Did they vote? COMMISSIONER McDANIEL: Did we get a vote on it or not? CHAIRMAN LoCASTRO: Yeah. So I've got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. April 25, 2023 Page 98 COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Next? Item #11G THE SECOND AMENDMENT TO AGREEMENT NO. 15-6365 FOR “FEMA ACCEPTABLE DEBRIS REMOVAL FOR DISASTER GENERATED DEBRIS” WITH ASHBRITT, INC., D/B/A ASHBRITT ENVIRONMENTAL, TO INCREASE THE FEE SCHEDULE RATES 7%, EFFECTIVE ON THE RENEWAL DATE OF JANUARY 12, 2023, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT. MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - APPROVED MS. PATTERSON: If we can, let's go ahead and take the AshBritt item. This is Item 16C5 now 11G. This is a recommendation to approve the second amendment to Agreement No. 15-6365 for FEMA-acceptable debris removal for disaster-generated debris with AshBritt, Inc., doing business as AshBritt Environmental; to increase the fee schedule rate 7 percent effective on the renewal date of January 12th, 2023; and authorize the Chairman to sign the amendment. Ms. Sandra Herrera is here to answer questions or start the presentation. We also have our staff from Public Utilities in the room, depending on your questions. CHAIRMAN LoCASTRO: Commissioner Saunders. April 25, 2023 Page 99 COMMISSIONER SAUNDERS: Just a couple quick questions. When Hurricane Irma came through, AshBritt requested a substantial increase in the fees that they were under contract to provide, and the -- we said no. And they went ahead and did all the collections based on the contract that was in place. And part of the rationale was that FEMA would not reimburse the county for any increase in the fees once a storm has come through. If we had increased those fees, the Collier County taxpayers would have paid 100 percent of that increase in the cost versus paying about 10 percent of the cost. Hurricane Ian comes through, and I think AshBritt asked for the same thing, and I believe we said no so there was no additional burden on the taxpayers, and staff is to be commended for that position. This 7 percent only reflects the next storm going forward. It has nothing to do with Hurricane Ian. I just wanted to make sure of that. Then I'll make a motion to approve. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve. Do I have a second? (No response.) CHAIRMAN LoCASTRO: Do I have any public comments, Mr. Miller? MR. MILLER: We do. CHAIRMAN LoCASTRO: Oh, okay. I'm sorry, sir. MR. MILLER: Not time yet. Did you want the public comment now, sir? CHAIRMAN LoCASTRO: Yes. MR. MILLER: Your speaker is Brittany Castillo. MS. CASTILLO: Thank you, Chairman, Commissioners, staff, and leadership that's here. I'm Brittany Perkins Castillo, for the April 25, 2023 Page 100 record, chief executive officer of AshBritt. And for just the record and those that aren't aware, so AshBritt is a government solutions provider specializing in emergency management logistics and disaster debris removal. We're actually the national leader in disaster debris removal. But even though we're a national company, we're South Florida based. We've got team members, family members that are long-time residents of Collier County, and we're a very proud partner of Collier County particularly in disaster debris removal but certainly other services since 2005. I've been here today -- the board of our company, myself as CEO, and the leadership of our company, it's important that Collier County knows that this is a contract and a relationship that's of utmost importance to our company. I'm happy to answer questions on the CPI but, Commissioner Saunders, if I may, respectfully clarify. You used the word "substantial increase." I believe we asked for the CPI increase. So looking just at Hurricane Ian, our contract allows for consumer price index increases annually upon contract extension. Admittedly, our company neglected to do that last year. So we asked for it when Hurricane Ian was coming. It was an administrative error. Staff held to the contract that you have to do it upon award. We did work -- and the item that's here is per the contract that allows for the consumer price index increase per the contract terms. So I just wanted to clarify that. COMMISSIONER SAUNDERS: Thanks for that clarification. MS. CASTILLO: Thank you, sir. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, I'm -- I'm the one that actually asked for this to be brought up for discussion, and the rationale for that was this is an after-the-fact adjustment to an April 25, 2023 Page 101 existing contract that's in place. And we're -- I'm concerned that maybe there should have been some kind of a rebid to go forward with it. And I understand that you folks were remiss in renegotiating in advance of Ian, but to come back to us after the fact and for us to award this without going through the public processes is concerning to me. MS. CASTILLO: Absolutely. So I think a point of clarification which I'll add -- and obviously staff can speak to -- yeah, the contract allows for the CPI. MS. HERRERA: Yes, I'll respond to that question. Yes, the contract allows for that, so there's no need to rebid pursuant to the ordinance, along with the contract that the Board had approved. There is a mechanism to go through the renewal process and at that time afford the contractor an opportunity to, per -- to request an increase. Obviously, they requested an increased CPI at, I believe, a 9.9. We negotiated that down to 7 percent. So there is no need to rebid. COMMISSIONER McDANIEL: Okay. MS. CASTILLO: And, Commissioner, if I can respond. And I know this is well-known by the commissioners, so it's primarily for the record. In our industry and, of course, across -- since this is a pre-COVID contract, I believe 2016, so it's customary in our industry across the state of Florida. If you looked at your neighbor counties, other cities within the state at the state level, CPI at minimum modifications are happening for similar contracts across the county and within the county on disaster and emergency management-related services, and so that 7 percent is the year-over-year amount that's allowed in the contract. That said, if the contract were to be rebid at your direction or staff's, we'd obviously be looking forward to the opportunity of resubmitting. April 25, 2023 Page 102 CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I'm going to second Commissioner Saunders' motion for approval with the comment that, you know, this isn't a reflection of AshBritt or what you folks have done for our community throughout the years. Both he and I have been here through Irma and Ian. The efforts that AshBritt has done for Collier County has been stellar, to say the least. I mean, we couldn't hardly have asked for much more. And your flexibility in how you've done what you've done has been off the chart for our community. The concern I had was the process. The after-the-fact, the retroactive respects of this request is where I actually had concerns when I was reading through the backup data, which is why I asked for it to be brought up. And I appreciate you being here. MS. CASTILLO: Absolutely, and very much appreciate those words said. It's critically important that we are a great partner to Collier County year-round, a good corporate citizen actively engaged in the community beyond, obviously, planning for and responding to disaster events. And I'd be remiss to not say that it's because of the phenomenal staff that you have that manage this contract that we're able to, first and foremost, safely and, secondly, very efficiently manage cleanup after disaster events in Collier County. CHAIRMAN LoCASTRO: Okay. I've got a motion on the floor and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) April 25, 2023 Page 103 CHAIRMAN LoCASTRO: It passes unanimously. MS. CASTILLO: Thank you very much. CHAIRMAN LoCASTRO: Thank you. What else can we squeeze in before 12:30? MS. PATTERSON: We could take Item 11E, which is the Marco Island Conservation Collier parcel. CHAIRMAN LoCASTRO: Sure. Item #11E AN AGREEMENT FOR SALE AND PURCHASE WITH WISC INVESTMENT COMPANY, LLC, FOR 0.39 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $432,600. MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS – FAILS (COMMISSIONERS MCDANIEL, COMMISSIONER HALL & COMMISSIONER KOWAL OPPOSED) MS. PATTERSON: Okay. This item was Item 16C7 moved to Item 11E. It was an item continued from the December 10th, 2022, BCC meeting. This is a recommendation to approve an agreement for sale and purchase with WISC Investment Company, LLC, for .39 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $432,600. This item did appear on the consent agenda originally; was moved to the regular agenda at staff's request. This was one of the parcels back in December that was discussed. It had some environmental issues as well as some ownership issues, and thought it would be prudent to bring it onto the top of the agenda here just to have a little discussion. April 25, 2023 Page 104 CHAIRMAN LoCASTRO: One of the things I asked Ms. Patterson yesterday -- and if you remember at our last commissioner meeting, I talked about a spreadsheet that -- and, actually, I would hope -- I was hoping we would all have it by now. So, Mr. Finn, that spreadsheet that you showed me that showed all the parcels of land, let's get that -- remember, we made a couple of tweaks to it. Let's get that updated and get it in the hands of all the commissioners. I mean, I was remiss in sort of pinging you about it a few days after the last meeting because, I mean, it just needed minor changes. But one of the things I said to Ms. Patterson is I'd really like those parcels to be bundled for us, and we're not going to be approving these onesie, twosie every time. This one, apparently, is unique, so that's why it's on here. But what should be coming to us in the future are big chunks of parcels which would be on the spreadsheet that Mr. Finn's going to get to us by tomorrow, or as soon as possible, because it will help us track and check off the ones we are approving. I know I got -- Commissioner McDaniel, do you want to talk first, or do you want to hear his presentation? What works for you? COMMISSIONER McDANIEL: If you want a presentation, or I'll just make a motion. CHAIRMAN LoCASTRO: Yeah. Well, I guess, just give us the short version. Why is this one unique? Where are we -- you know, why was it pulled forward for discussion? I sort of know the answer from yesterday's pre-brief, but for the record and for the benefit of everybody, Mr. Finn, give us the short version as to why this one's unique, if it is. MR. FINN: Happy to do it, Mr. Chairman. Edward Finn, Deputy County Manager. I'm going to allow Summer to do the presentation, but I'm just April 25, 2023 Page 105 going to have a couple of remarks. And, yes, that spreadsheet -- spreadsheet is in process, being fact checked in terms of the relative to the appraised amount. So we want to make sure those are right. That sheet does exist. There's a link currently to the current version that's live on the Conservation Collier website. That covers all the cycles that are currently in play, which is 10, 11A, and 11B. So there's a large number of properties -- CHAIRMAN LoCASTRO: The one that's on their site, did it make the changes we talked about in my office that would make this sheet a little bit more valuable to us? MR. FINN: We're working towards that. I can't tell you -- CHAIRMAN LoCASTRO: Maybe just send us the link, you know, and then as you continue to make changes -- MR. FINN: Happy to do it. CHAIRMAN LoCASTRO: -- and you say we bought it, we didn't buy it, we bought it, we could always plug into that link ourselves to get an updated sheet. So that works. Okay. MR. FINN: Copy that. CHAIRMAN LoCASTRO: All right. MR. FINN: So if I may, just a couple of quick comments on this property. What makes this property a little bit unique, one is the environmental issues or the environmental desirability. So there's gopher tortoises on this property, an extensive number. This came before the Board once already in one form or another, and it was delayed. The -- what the Board probably wants to consider is the fact that this is a relatively small parcel in a single-family residential area, and it is one of, I think, a total of six Marco parcels that are outstanding that are similar in characteristics in that they're all single-family residential lots. April 25, 2023 Page 106 With that, I'm going to allow Summer to come up and present this item, if you don't mind, sir. CHAIRMAN LoCASTRO: Okay. MR. FINN: Thank you. MS. ARAQUE: Hello. Summer Araque, Conservation Collier program supervisor. And before you today we have the WISC property. Troy, I'm going to take it back to the first slide unless you had it on this. MR. MILLER: You can. MS. ARAQUE: Okay. Thank you. So I have the purchase agreement for your consideration for the WISC Investment property on Marco Island. The property owner applied to sell their property in July of 2021 as part of Cycle 10. This parcel meets the criteria of the program in that it is urban and environmentally sensitive. The property has 56 potentially occupied tortoise burrows which would result in approximately 28 actual gopher tortoises because each tortoise uses about two burrows. And here is a picture of a gopher tortoise hatchling that was right in front of the property. Okay. So as you all know, there is some history to this property, and I will review that right now. This property was on the Cycle 10 list that came before you in January of 2022, and then by July of 2022 there was quite a large list that we had. We obtained the appraisal, made an offer, brought the purchase agreement to you-all on December 13th; however, that was continued at the request of two commissioners. The feedback that we received in a companion item that was on the agenda that day led us to believe that you needed some further information regarding the appraisal. The first appraisal that was obtained in July did include the April 25, 2023 Page 107 gopher tortoises. Those were backed out of the appraisal; however, we did obtain an updated appraisal, and since then the sales on Marco Island have increased. So the appraisal went up $10,000. So there is an adjacent property that may benefit from this acquisition that is located on the back of the property on Dogwood Drive, and it is owned by a relative of the seller. That was a concern that you-all had in general discussions not related to this specific property back in December. And considering this information, staff offered the first appraised value of 419,000 again. Recently, in the last month, the lower of the -- that would be the lower of the two values; however, the seller would not accept an offer of less than $429,000, and the contract was prepared to present to you for consideration. And that's why we are here today, to request you to approve an agreement for sale and purchase with WISC Investment Company for .39 acres. The total price including closing would be $432,600. CHAIRMAN LoCASTRO: So we're getting it for 429-, but the 432- is the other added little extras, right? MS. ARAQUE: Correct. CHAIRMAN LoCASTRO: So -- okay. I've got three commissioners lit up. I don't know if they're making a motion or they have a question. But, Commissioner McDaniel, you're first, sir. COMMISSIONER McDANIEL: I'm ready to make a motion unless -- do we have public speakers? MR. MILLER: I have someone online who said only if you have questions of her. Catherine Read Noble -- Noblett. MS. ARAQUE: She is one of the property owners that's part of this investment company. CHAIRMAN LoCASTRO: Okay. The commissioners that are lit up, Commissioner McDaniel, do you have -- besides a motion, do you have any questions? April 25, 2023 Page 108 COMMISSIONER McDANIEL: No. CHAIRMAN LoCASTRO: Okay. Commissioner Hall, do you have any questions? COMMISSIONER HALL: No questions. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders, any questions? COMMISSIONER SAUNDERS: A quick question for the County Attorney. This is obviously a very valuable piece of property. It's important to all of Collier County, but especially to the folks in Marco Island. But let's just hypothetically roll the clock forward 10, 15 years from now. Let's just assume something happens and those 28 gopher tortoises are no longer there and there's no environmental value at that point. Can the county declare that as property no longer needed and sell it? MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: Okay, fine. I just wanted to just make sure that if that did happen -- and it probably would not happen, but if it did, that we could determine that it was surplus property for sale. So, Mr. Chairman, it's probably -- your district. Probably you should make the motion. CHAIRMAN LoCASTRO: Commissioner Kowal, do you have a question? COMMISSIONER KOWAL: Yeah. I just -- I remember back in December, and a lot of things were raised and, you know, we were, you know, venturing into this where, you know, we wanted to be more diligent with the taxpayers' dollars. And if I remember correctly, it was more -- to this particular property, we wanted more answers on the history of -- you know, do our due diligence, and this person that was selling or the previous owner. And the questions I had was, like, did they ever have this on April 25, 2023 Page 109 the market? Was there people ever interested? Was there bids in the past, and then they realized it was too expensive to relocate the turtles to viably use this for a home, you know, which typically is on that street are homes, you know, and I don't think those answers were ever really answered. That's what we -- that's basically -- that's what I was seeking back in December, you know, that type of investigation or that type of due diligence to see, are they just dumping this lot that they know they can't sell to anybody else? And every time we sit here, the price keeps going up. MS. ARAQUE: So I will defer to Real Property. I believe that the appraisal did address that it may have been listed at one point, is that correct, for actually a very similar value. I'll bring Roosevelt up for that. MR. LEONARD: Hi. I'm Roosevelt Leonard, the review appraiser. Typically, when a parcel goes out for appraisal, the appraisers do a five-year history on sales agreements on previous, so -- and also, too, sales history of a parcel may not be considered as part of the appraised value because what you're doing is taking the current market value of that particular parcel and comparing it against comparables. So it's just the same as if -- when people are flipping properties, you look at the prior sale, but that has nothing to do with what the current market is for that parcel. COMMISSIONER KOWAL: Maybe you misunderstood my question. I'm not -- I wasn't really referring to the process of finding an appraised value of a property and what methods you use or don't use. My question was, was there any due diligence on the history of this ever being sold or maybe actually had a contract at one time, or was it ever dropped because of the cost of relocating the turtles April 25, 2023 Page 110 because it was such a burden for a developer or an investor to buy this lot? I guess that's more what my question was, not so much how you come to the actual price of the appraisal. MR. LEONARD: Right. So that consideration may have been taken into effect when Conservation Collier provides their screening program. And that part of due diligence, I believe, is taken into consideration during that part. But that's not part of the appraisal function, so -- and, again, part of what the appraisal process was, to start bringing right up front all the mitigation factors that contribute to the value. COMMISSIONER KOWAL: So in your part of it, you say you go back five years. MR. LEONARD: Yes, sir. COMMISSIONER KOWAL: Can you answer this: In five years, has this property ever been on the market to sell, just -- MR. LEONARD: According to the history, that -- the parcel was not as far as what the appraiser calls changed arms or changed hands. COMMISSIONER KOWAL: I didn't ask that question. MR. LEONARD: Right. So as far as whether it was on the market or not, I really don't know that. I can go by what -- the due diligence of what the appraiser said as far as the five-year sales history. That's usually what we go by. COMMISSIONER KOWAL: Okay. CHAIRMAN LoCASTRO: I've got two other commissioners lit up, I assume with questions. Commissioner McDaniel and then Commissioner Hall. COMMISSIONER McDANIEL: I want Roosevelt back. CHAIRMAN LoCASTRO: Okay. MS. ARAQUE: To clarify real quick, the value -- the price that you see here includes the mitigation of the gopher tortoises. So the April 25, 2023 Page 111 actual value of the property is 625,000. Then you back out for the gopher tortoises. COMMISSIONER McDANIEL: That was exactly my question. I wasn't able to -- there was an enormous amount of superfluous information included in this appraisal. Well, I'm sure it wasn't totally superfluous, but there was a lot of information, and I wasn't able to see the estimate of the cost of the mitigation that was appropriated for this site. Could you help me get there? MS. ARAQUE: I was just going to say, it is in the executive summary in the fourth paragraph under considerations, but I'll let Roosevelt speak to the actual appraisal itself. MR. LEONARD: So what happens is that the -- as previously stated, the appraiser took into consideration the 28 gopher tortoises, and with that amount, there was -- again, the mitigation was 196,000, and that part was taken right off the top of the appraisal. So that's where you get your adjustment for the value, which brought it down to $25 per square feet. CHAIRMAN LoCASTRO: And, Commissioner Hall, did you have a question. COMMISSIONER HALL: I have a comment. CHAIRMAN LoCASTRO: Okay. COMMISSIONER HALL: So, basically, Conservation Collier has taxpayer money to buy property that never will be -- that will be preserved as conservation. And when I look at this lot, I look at it as a conservation lot. There's 28 turtles. There's burrowing owls. It's basically undevelopable very easily. If it is developed, it has -- all those animals have to be, you know, remediated. They have to be put into a safe place. It's at the top of the market. The appraisal's high. It's gone higher. To me it looks like we have a property that's already acting as April 25, 2023 Page 112 what we want to make with an extra half-million bucks. So I'm sorry that the seller didn't want to sell at a lower offer, but, you know, maybe they should have considered that. I'm not going to be a proponent of passing this on this. I'm going to let it stay what it is. This already is a conservation lot right there in the middle of town. CHAIRMAN LoCASTRO: I'll just add, so this is in my district. Every lot that comes to us is going to be a conservation lot. I mean, it's going to have something on it. So that's, you know -- I mean, we would buy nothing then. And I'll preface this by saying also whether I'm for or against how the whole Conservation Collier program works, it's irrelevant, because the taxpayers passed it by a unanimous [sic] decision. I think we had, what, 25 million, more or less, to be spending on these lots, and every lot that we are going to consider is going to be something that you could look at the aerial photo and go, well, why buy it? It's full of -- it's full of tortoises and burrowing owls. And I'm not trying to be an advocate for Conservation Collier, but the way that the program works is those are the lots that we buy, the ones that are, you know, fully populated by endangered species. So, I mean, you know -- you know, with -- just to comment on your comment, you know, Commissioner Hall. It's like every lot's going to be that way, then, and then we would buy nothing. Where the thought is looking at the lot and go, wow, it's so populated by endangered species. Let's lock this one into the Conservation Collier program as the taxpayers said that they wanted to do, and let's buy it. And, you know, I will tell you, 432- for a Marco lot is pretty much fair market value. I know that seems like a lot, but -- and it's not a waterfront lot or anything, but you could make a case it's plus or minus. And I'm not a real estate expert, but it's plus or minus within the window of all non-waterfront lots. And, you know, the way this program is supposed to be supported by us is bring us lots that are April 25, 2023 Page 113 fully populated with endangered species, and those are the ones that we want to protect the most. I mean, at least that's my view. I don't know if -- and then we've got somebody to chime in. MR. MILLER: Well, yeah, Mr. Chair. Catherine Read Noblett is online, and hearing your discussion, she would like to make a comment, if you don't mind. CHAIRMAN LoCASTRO: Sure. MR. MILLER: Catherine, you should be being prompted to unmute yourself, if you'll do so at this time. There you go. Go ahead, Katherine. MS. NOBLETT: Can you hear me? MR. MILLER: Yes, ma'am. MS. NOBLETT: Okay. I'd like to make a couple of comments. First, I can answer the question that this lot has not -- we had not placed it on the market in the last -- over the last 10 years. And we've been waiting since 2021 because we are interested in conservation. This lot does -- it has been undeveloped, and so it has -- that's one of the reasons it was on the one -- the A1 list is it has a lot of value for conservation. It has a lot of -- people -- they call it tortoise hill. They come and look for gopher tortoises on Marco at our property. And if -- if the County Commissioners don't buy it, then we will be selling it. The house to the -- as you're facing the lot to the right has been put on the -- put up in about the last 10 years. And so this one will -- there's the lot down in front on Barfield -- the houses are going in, and so it will either go to conservation or it will go to housing. So that's part of the decision that you as County Commissioners have to make. My parents are very involved. They're 95 and almost 96. So they will not reap any benefit in their advanced age to -- whether this house -- this lot becomes a house or stays conservation. April 25, 2023 Page 114 I will say that they're very interested in conservation, and they have made arrangements in their property for it to go to conservation so, in essence, you would have two adjoining lots that would become in conservation over time. I can't exactly, due to their wishes, explain that a little further, but I can tell you that the agency has paperwork that says that they will get it. CHAIRMAN LoCASTRO: Ma'am, this is Commissioner LoCastro. Can you hear me? MS. NOBLETT: Do you have any questions for me, Commissioners? CHAIRMAN LoCASTRO: Can you hear me, ma'am? This is Commissioner LoCastro. MS. NOBLETT: Yes. CHAIRMAN LoCASTRO: If you-all are so -- and I mean this with respect. I really just want to get a clear answer. If your family is so environmentally focused, which I certainly applaud, why the back-and-forth over $10,000? I mean, I think that the program made a fair-market-value offer, and if -- you know, when we hear it's rejected and then it comes back it's 10,000 more, you know, we sit here as commissioners and we're trying to be good stewards of taxpayer dollars -- and, you know, we don't want to gyp you out of the value of that property. We realize you can say no and put it on the market. And I can tell you I live on Marco Island. There's a lot being built down from me that has probably dozens of burrowing owls on it, and they're about to all be scared off because a house is coming there. So I see it all the time that a homeowner that's about to build a multimillion dollar house could [sic] care less about the nickels and dimes, in their estimation, that it's going to take to relocate gopher tortoises and burrowing owls, especially since lots are disappearing April 25, 2023 Page 115 very quickly. But why not just take the initial offer and, you know, we wouldn't be sitting here right now with, you know, offers that all seem to be within, plus or minus, a few dollars. But we're having a debate because everything's been rejected initially, or do I have part of that story incorrect? MS. NOBLETT: I believe you have part of that story incorrect. CHAIRMAN LoCASTRO: Okay. MS. NOBLETT: The original appraisal which was done back last -- in July was for 419,000, and it included property on its comparables that were over -- slightly over a year old before that, and you know the market went up a lot. And on that 419- appraisal, there was a lot of weight given to the older properties. And so then when Collier -- the County Commissioners decided to -- in December to continue to, you know, want to start changing the process and wanted to go back and reappraise the property, and lo and behold, prices had gone up a lot, and so now the appraisal is at 429-. It's the appraisal that the commissioners asked for and got. And why should we, as we are an investment company -- we are -- while we are interested in conservation, we are an investment company. CHAIRMAN LoCASTRO: But was the 419- offered to you, and you or your company said no to the initial 419-, or the ball got dropped somewhere? MS. NOBLETT: No, we -- we -- when we were offered the 419- back in October, we accepted it then, and the Board of County Commissioners delayed and put it -- or, you know, paused, delayed at the December Board of County Commissioners meeting when it was on the agenda then. They said, no, no, everything's -- you know, we're going to go relook at the process. We want all these properties reappraised, and so that's what happened. You went and reappraised April 25, 2023 Page 116 it, and it came in at 429-, and now you're saying, oh, well, we want to go back to the old price because we don't like the new price that our appraisal gave. CHAIRMAN LoCASTRO: No, we -- I wasn't saying we're going back to -- MS. NOBLETT: Why should we suffer? CHAIRMAN LoCASTRO: I was saying we're going back to the old price. I'm just trying to understand how the history of this transpired. We are the Board of County Commissioners, and I would say, the way you characterized what we did in December isn't anything that I recall doing, but that's water under the bridge. We're here to decide 432- -- 432,600 on this property, and either we do it or we don't. I support purchasing it. And I don't know, does this take three votes. I know we still have some more comment. Commissioner Kowal, sir, do you have some comments? COMMISSIONER KOWAL: This is Commissioner Kowal. I would just like to thank you, because you kind of answered the question I've been asking for some time. So you said this property hasn't been listed in the last 10 years or so, and thanks for clarifying that for me. You know, I just -- you know, the 419-, from your own words -- from your own mouth said was accepted back in October. And I'm trying to figure out -- I mean, it wasn't that we wanted to reappraise properties to get different prices. We were -- in December we were just saying that I think we have a position to negotiate on these prices because it would be a good stewardship of the taxpayers' dollars. It doesn't mean we're not going to purchase the properties, but I think we should do our due diligence and, just like anybody else, even in the private market, you know, sometimes people get lowballed, and somewhere you meet in the middle, you April 25, 2023 Page 117 know. So I mean, I think the offer's 419- on the table, so -- but... MS. NOBLETT: Well, the reappraisal was 429-. COMMISSIONER KOWAL: That's fine. Something's only worth what something's willing -- somebody's willing to pay for it. MS. NOBLETT: And the appraisal is the appraisal, and that was -- when we signed up, we said we would accept your appraised price. COMMISSIONER KOWAL: Okay. MS. NOBLETT: And you appraised it 429- based on more recent sales than sales from 2021. COMMISSIONER HALL: We got that. CHAIRMAN LoCASTRO: Well, I think we've -- your feedback to us at least is giving me some takeaways on our process over here, because that 419- should have been locked in. What we discussed here was lots that were appraised but had a -- the same owner had adjacent property, or if there were any sort of unique circumstances on any of the properties, you know, that -- and this would have been one of those where there's an adjacent property owned by the same group, investment company, or family, so the -- what we wanted as commissioners was consideration to say it's not just a property out in the middle of nowhere; it butts up against another property that the owner has. So they do get some advantage by us turning it over to Conservation Collier, and now they have an adjoining property that has just become a permanent park basically. So if the appraisal is 419- to that family, because they get a benefit from it, maybe they take 400- because they get a benefit as opposed to a property that's in the middle of nowhere. That train already left the station. So I think my takeaway here is, you know, maybe there was some miscommunication on our part. I don't think it was anything on yours. I think you were just playing a waiting game. April 25, 2023 Page 118 But do we -- unless we have any other questions, I mean, this is in my district. I'm by no means a real estate agent or a property appraiser. But this is what this program is supposed to protect, and these are the kind of lots that we're supposed to purchase and, to me, it makes it all that stronger that it's loaded with environmentally sensitive and environmentally protected species that I can tell you could easily be cleared if somebody wanted to buy that lot. The more expensive thing isn't clearing the birds and the tortoises. The more expensive thing is buying the lot. So unless anybody has an objection, I'd like to make a motion on this piece of property in my district that we approve the agreement for 432- -- 432,600, which is inclusive -- 429-, and then it's inclusive of other fees. Do I have a second? COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN LoCASTRO: Okay. I've got a motion on the floor and a second. All in favor? Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Okay. It failed -- Commissioner Kowal, I didn't -- I don't know if I heard everybody. Your agreed or disagreed? COMMISSIONER KOWAL: I disagree. CHAIRMAN LoCASTRO: Okay. It fails 3-2. Next? MS. PATTERSON: Commissioners, you have time-certain items starting at 2:30, so do you want to consider -- CHAIRMAN LoCASTRO: Yeah. I think we're at a 12:30 April 25, 2023 Page 119 break. So we want to come back at -- what do you-all think? Do you think in an hour -- is an hour enough, 1:30? Okay. We'll come back at 1:30. Okay, we're adjourned. Thanks. (A luncheon recess was had from 12:33 p.m. to 1:30 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. I know we've been jumping around on the agenda, so... Item #9B RESOLUTION 2023-81: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO ADD THE US 41 EAST OVERLAY TO ALLOW CERTAIN ECONOMIC DEVELOPMENT USES WITHIN THE CORRIDOR SEGMENTS; AND, ALLOW INCREASED HEIGHT AND DENSITY, AND CERTAIN ECONOMIC DEVELOPMENT USES IN REGIONAL CENTERS AND COMMUNITY CENTERS THROUGH INCENTIVES, AND AMENDING THE TRANSPORTATION ELEMENT AND MAPS TO EXPAND THE SOUTH US 41 TRANSPORTATION CONCURRENCY EXCEPTION AREA, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20230000930] - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS - APPROVED MS. PATTERSON: Yep. We're going to -- we're moving back April 25, 2023 Page 120 to our land use. We're going to start up now with formerly Item 17E that is now 9B. Just a reminder, we do have time-certain items no sooner than 2:30, and then directly following that hopefully no sooner than 3:00. But we'll get through -- try to get through these land-use items and then move along. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: What we're working with here, 9B, is a resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan specifically amending the Future Land Use Element and Future Lands Map and Map Series to add the U.S. 41 East Overlay. And I will turn to Mike Bosi to beginning the presentation. MR. BOSI: Good afternoon, Commissioners. Mike Bosi, Planning and Zoning director. We're here today to talk about a project that is a long-tendered project within the county. This is an initiative that started off in 2008/2009 with the East Naples Civic Association. It was an East Trail study that was done, and there was some actions that contemplated. This -- the Board of County Commissioners directed a U.S. 41 corridor study. That was a visual preference survey analysis, talking to the community, finding out what type of land uses, designs, overall feel of the community that the East Naples community was trying to support. And then we had -- another update of that study was the East Naples development -- or the East Naples Community Development Plan. It was accepted, I believe, in October of 2020 by the Board of County Commissioners, and that development plan had a specific do-out, and that specifically do-out was the development of the U.S. 41 East Zoning Overlay. We're not here to discuss the zoning overlay. What we're here to discuss is the foundation for that zoning overlay as the GMP April 25, 2023 Page 121 overlay subdistrict for the East Naples community plan. The zoning overlay stretches from basically the edge of the government center down to Port of the Islands. It implements -- like I said, the East Naples Community Development Plan establishes the design and development standards, promotes mobility options, allows increased density and height in certain areas. And what we're going to -- we're proposing today at the GMP level is to increase the amount of land uses that are allowed related to Qualified Targeted Industries as economic development instruments and tools to promote a wider variety of land use with economic development ties as well as increasing density within -- specific to the community and the regional nodes -- commercial nodes within this -- within this corridor. And that increased -- that increased height and increased density is associated with trying to promote mixed-use development. What we've heard from the community is there -- they want land uses that provide more give to the individual neighborhoods that are in close proximity, and they feel like mixed use really provides for the greatest level of integration of the residential land uses and commercial land uses that are directed to those households. So mixed-use development will promote the type of commercial land uses and development and promote commercial development that really attends to the needs of the dwelling units that surround -- not only within this corridor, but sits to the north and the south of the corridor in terms of the residential neighborhoods that border it. It also, like I said, allows economic development uses within the urban area. This is where I was talking about. Your corridor segments, your regional centers, those are the centers that are being proposed to be the increase to density from 16 units an acre to 20 units an acre when they are providing for the design and the type of mixes that the community is trying to promote. April 25, 2023 Page 122 And then your green community centers are being suggested to be up to 16 units per acre when they -- when an applicant is going to provide for that mixed use -- mix of uses that the community is looking for that gives more to the individual dwelling units that surround the corridor. As I said, within your regional subdistricts, it's 20 units an acre. Within your community center, it's up to 16 units an acre. And none of this is by right. This is just providing the eligibility for these to come back to seek these type of densities and to seek these mixes of uses and will have to come back through a rezoning process. So the whole compatibility, the analysis, the neighborhood information meetings, the input from the surrounding property owners, those will all be provided for in the individual applications that would come forward to take advantages of what the Growth Management Plan is making these in terms of "eligible for." Another thing is increasing the heights within your regional community subdistricts to allow for up to 20 additional feet [sic] when they're providing for the type of uses that the neighborhood and the East Naples community is trying to promote. The other aspect of what we're doing at the Growth Management Plan is an expansion of the Traffic Congestion Exception Area. The Traffic Congestion Exception Area means when you are proposing a development within one of these -- a TCEA, you do not go out and look link by link to see your volume-to-capacity availability for your transportation analysis because we know that those systems are constrained. It allows for -- it's a little more permissive in terms of allowing development to move forward even in the height of areas that may be deemed more congested in terms of the overall volume of traffic. And we are -- currently the TCEA area runs to Rattlesnake Hammock, Thomasson Drive intersection, U.S. 41. We are suggesting or April 25, 2023 Page 123 proposing to extend that down to the activity center at 951 and U.S. 41. As I explained, the TC -- the Transportation Concurrency Exception Area allows for exemption from that link-by-link analysis that's normally required for all other development order reviews. And here's where we're at within the regulatory process. March 16th of this year, the Planning Commission heard the GMP amendments for the overlay. They unanimously supported the recommendation and a recommendation to the Board of County Commissioners. We're here today for the transmittal hearing. If the Board decides to transmit this, we will send it to the state DEO. They'll have 30 days for their expedited review. While that's going on, we have a May 3rd meeting with the full DSAC. We've already been to the subcommittees. What we're talking about there is the zoning overlay. That's going to implement -- that's the regulations that's going to implement the GMP that we are transmitting today. We're going to go talk to the full DSAC about the design standards that are being proposed related to the -- the U.S. 41 zoning overlay. And then from the DSAC, we are going to the Planning Commission July 6th of this year to get the Planning Commission's full review of the zoning overlay. They'll make a recommendation to the Board of County Commissioners. The tentative schedule right now is August 22nd we would be bringing the first reading of that zoning overlay back to the Board of County Commissioners for you to hear the details and the specifics of the development standards that are being created as part of the overall project. And then you will finally have a second hearing for the -- a second hearing of the EZO, the zoning overlay, and that will be married up with the adoption hearing of the GMP amendments. So the GMP amendments and the final hearing for the zoning overlay April 25, 2023 Page 124 are tentatively scheduled for September 12th, and that's the overall timeline that we tentatively have scheduled for the -- for the program. And staff is available for any questions. I also have Ms. Mosca, who's been deeply involved with the community and at all the public meetings, to answer any questions that maybe I can't field. CHAIRMAN LoCASTRO: So, Mr. Bosi, remind us again how long this has been, like, chatted about, talked about, kicked around, how far -- MR. BOSI: 2009. CHAIRMAN LoCASTRO: Okay. So here, one of the things that -- and I appreciate it. We talked yesterday. And, you know, what you just did, you know the old saying, "You just built us a watch"? But let me just tell everybody the time, okay. The bottom line is, the real travesty and disappointment here is, God, I would have loved to have been sitting here in 2010 approving all of this because then we would have a plan that would have protected my entire district the way that the Golden Gate Master Plan does so many amazing things to make sure that the right things are built in District 3. So it's a real value, you know, to Commissioner Saunders, because it gives him a framework, and it gives us a framework. And it would have been nice to have this framework in 2009. You know, that being said -- and even as you and I talked, if this thing was passed tomorrow, we can't undo the sins of the past, you know, whether it's storage units or things that wouldn't have been allowed to be built if these higher standards would have been enacted. Having said that, what I just want to make sure my colleagues understand -- and I'm sure they do -- today we're not -- we're just -- and correct me if I'm wrong. Alls we're being asked to do today is allow this analysis to continue to go forward and then, like you showed on the timeline, we're not approving construction, we're April 25, 2023 Page 125 not approving that we agree with everything in there. It's basically going to the next step so that, then, eventually you can bring us back something that's going to be sort of like the East Naples Master Plan, you know, similar to how we used the Golden Gate Master Plan as a really solid framework to guide our decisions, which is something that District 1 has needed for a really, really long time. There's going to be a lot of things, I think, that are eventually going to come back to us that are going to be nice-to-knows, but not things that we can implement. I mean, I've sat in on some of the preliminary meetings and, you know, we're not going to tear down all of U.S. 41 and make it look like Fifth Avenue, although we might have been able to do a lot of that in 2009, '10, '11, '12, '13, '14, '15, '16, '17, '18, '19, '20, '21, '22. I mean -- you know -- and I say that for emphasis because, man, did we waste a lot of time in District 1. But having said that, I think this is really great work, and it will give us a framework to go forward, albeit, you know, sort of late in the game. There's only so much green space left to build on. But, you know, having said that, can you more eloquently state what I just did, what are you asking us to vote on today? Isn't it just to move forward with the next steps of analysis that are helping to formulate this East Naples/U.S. 41 Overlay Master Plan? MR. BOSI: Yeah. And, Chair, I appreciate that. And today's an action that's requesting you to transmit the GMP amendments that's going to set the foundation, the permissions that's going to allow for your staff to bring back the specifics of the zoning overlay. The zoning overlay, the devil's in the detail always. CHAIRMAN LoCASTRO: And if what you bring us back we totally hate, then -- MR. BOSI: There were -- there's no obligation that you have to agree with every and all aspects of the zoning overlay as it's brought April 25, 2023 Page 126 back. What this does is simply allows for the extension of the TCEA down to the U.S. 41 and Collier Boulevard intersection from the Rattlesnake Hammock termination right now and increases the density for your community and your regional centers to 16 and 20 units an acre. CHAIRMAN LoCASTRO: But as you said -- MR. BOSI: As eligibility. CHAIRMAN LoCASTRO: As you said, not automatically. It allows -- MR. BOSI: It just creates the eligibility for it. So when you -- the next step that you will have when it comes back to the Board of County Commissioners will be the zoning overlay that has the dos, the don'ts, the design standards, the specifics. And you can take -- and you can adopt all of it, you can adopt none of it, you can take pieces of it a la carte as you feel appropriate in terms of what you feel is right for the community based upon the community -- CHAIRMAN LoCASTRO: The big things I like in the early versions -- and I think my constituents in District 1, like, are the -- and you had it on your slide there. It establishes stronger, better design and development standards as guidelines. It doesn't mean we do it. I mean, if we think that it's overreach and we're asking somebody to -- you know, that's trying to build something that's basic and it doesn't mandate that everything looks like the Taj Mahal, but it gives us much more options to consider to try to give District 1 and this East Naples Trail more cohesion, even though it might be -- I'll never say too little too late, but I would have liked to have seen this a lot earlier. But -- and then as I wrote down here, it also establishes the community centers with a much stronger, better design, which is basically concentrating sort of the industrial things in very particular areas so they're not just sort of spread out in sort of a ragtag way, the April 25, 2023 Page 127 way you find in a lot of portions of East Naples right now. So it won't correct that, but it will make sure we don't continue to do that or that we have the option or that, you know, it puts on the radar better planning, better design, the same way that the Golden Gate Master Plan does a lot of those things in so many ways, you know. It's just that they've enjoyed that for many, many years. It's now time for District 1 to play catch-up. But I've got a couple people lit up here. Commissioner Kowal. COMMISSIONER KOWAL: Thank you. If I'm correct, this -- a portion of this, too, is also in my district, right, from Pine Street up to Rattlesnake -- MR. BOSI: Correct. COMMISSIONER KOWAL: -- as you're traveling east. Just kind of two things I wanted to ask. Are they going to take into consideration the new affordable housing item that we just passed in reference to the conversion of the C-1, C-2, C-3 in our transit routes, which I believe some of this is along the transit route? MR. BOSI: The transit -- density along transit lines, it was specifically requested to be excluded from this corridor, by the -- by the public that we've interacted with from the East Naples community. So that -- the GMP amendments for the transit -- for the transit corridor do not apply to this segment, this -- it does not apply. It's specifically written withinto that proposed -- the proposed GMP amendment that we've transmitted that does not include this segment because this -- because the segment has been set aside specifically to craft the design standards and the characteristics of this corridor in the way that the participants of this program -- of this study has directed and has requested. COMMISSIONER KOWAL: Okay. I'm just trying to recall the map we had of the overall when we passed that a few weeks back. April 25, 2023 Page 128 I thought part of 41 had the red going along it. MR. BOSI: Well, there's always activity centers. You've got your activity centers. The density along your transit lines was for your non-activity center areas. COMMISSIONER KOWAL: Okay. MR. BOSI: That's for any project that's along that -- any transit line corridor has the ability to take advantage of the TOD, the transit-oriented development. The increasing of the activity centers, that's where you will find some overlap in terms of the 25 units -- the 25 units an acre related to your activity centers. COMMISSIONER KOWAL: Thank you for the clarity. MR. BOSI: Sure. CHAIRMAN LoCASTRO: Yeah. And my apologies to Commissioner Kowal. You know, our districts do overlap, and after the redistricting -- I think the majority of this was District 1 but it's not now. So you and I will be, obviously, you know, tag teaming on this and asking the same type of questions. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair. My -- first of all, I'm in favor of this. I mean, this -- having this plan allows us to not be zoning by moratorium. That was the poor habit that previous boards had gotten into in the past, and having a plan allows for all of us to go forth -- CHAIRMAN LoCASTRO: God knows you hate that, right? COMMISSIONER McDANIEL: So all that notwithstanding, one quick question: Does the proposed amendments take away any of the available uses that are existent today? MR. BOSI: No. COMMISSIONER McDANIEL: And does the expansion of the TCEA segment allow for a development that would come that wouldn't necessarily be supported by the existing infrastructure? April 25, 2023 Page 129 MR. BOSI: No. What the TCEA does is it changes the way the transportation analysis looks at your development -- your development order, but it doesn't -- it doesn't alter what uses or the type of development that can move forward. It just changes -- it changes the analysis at your Site Development Plan or at your plat in terms of where the analysis is focused upon. If it wasn't in a TCEA, every link that would be affected has to be satisfied in terms of traffic capacity. When you have a TCEA, that analysis is not provided for. It's -- and Transportation maybe wants to provide a more articulate description of it, but it really does, it exempts a proposal or exempts an area from having to satisfy certain components of transportation analysis. COMMISSIONER McDANIEL: Transportation's standing behind you. You want to let the more articulate statement come in? COMMISSIONER HALL: Bring in the brains. COMMISSIONER McDANIEL: Here she comes. MS. SCOTT: For the record, Trinity Scott, department head, Transportation Management Services. The State of Florida has essentially usurped our authority with regard to transportation concurrency anyhow. We have to allow an applicant to do a proportionate share calculation. So transportation concurrency, if they came in along this corridor and we did not have adequate capacity, they can still move forward in a pay-and-go situation. They would still be required to do that same analysis here even though they're exempt from link-by-link concurrency, but with the establishment of Transportation Concurrency Exception Area, we do have the ability to also require some additional items such as bicycle-pedestrian connectivity, mixed-use, all things that help us reduce the impact to the roadway. COMMISSIONER McDANIEL: So over -- because my April 25, 2023 Page 130 concern was that we were -- because of the proposition of the increase in height and the densities, and then grabbing additional concurrency area to theoretically alleviate the lack of infrastructure to support a project -- and I know that this board has, you know, made adjustments in how we're doing what we're doing. I just didn't want to -- I didn't want us to be leaning out too far and assimilating areas that would provide for an approval that wouldn't necessarily be supported by the necessary infrastructure that we have. MS. SCOTT: So with the multi- -- with the increased density and the multiuse nature of this, number one, we would be putting density in areas where we would have shorter trip lengths. So instead of that density moving further out east, we would have shorter trip lengths. So instead of someone driving 10 miles to get to a Publix, there may be one within two or three miles. So those are all things that we're looking at when we're addressing the transportation as well. COMMISSIONER McDANIEL: Very good. Thank you. CHAIRMAN LoCASTRO: Okay. I know we have public comment. I kind of wanted to set the table just with conversation between us, and so we'll -- let's -- I think this is a good time now to transition. How many do we have, Mr. Miller? MR. MILLER: I have two registered speakers on this item, sir. Your first speaker is Jacob Winge, and he'll be followed by Gordon Brumwell. COMMISSIONER McDANIEL: Wingy (pronunciation)? MR. WINGE: Close, close, close. You get a gold star when you get it right. MR. MILLER: Winge? MR. WINGE: Winge. Thank you, Commissioners. For the record, Jacob Winge, president, East Naples Civic and Commerce. April 25, 2023 Page 131 Just want to show our support for this initiative. I think it's something that, again, has been going on for, you know, almost two decades and I think really, in a larger picture, much, much longer than that as far as getting a plan established for the benefit of East Naples. And I think, along with transportation, housing and other elements, stormwater, environmental protections as you see coming in with the full plan, that's really going to be beneficial to the county as an overall. But I just want to ask for your support in moving this process forward, laying the foundation, and I think you're going to be very happy with the full plan that comes back after we bring it to the Planning Commission and DSAC. So thank you. Thanks so much. MR. MILLER: And your next speaker and final speaker on this item is Gordon Brumwell. DR. BRUMWELL: Hi. Dr. Gordon Brumwell from Crown Point. The U.S. 41 East Corridor Overlay -- we can call it the East Naples Master Plan -- holds the promise of non-auto mobility and maintaining some of the natural feel and function of East Naples. With all the loss of forest cover, increased building, and more cars on the road, the people who actually live here want that promise of the overlay to be fulfilled. As we've heard, the overlay can't exist without this amendment, so please transmit it. Now let's get out of the details, out of the weeds, and talk about vision. With a little planning, the non-auto paths of the overlay could be integrated into the Paradise Coast Trail we were hearing about earlier today; the surface streets to its highway, if you will. Now, combine the overlay's promise of maintaining our natural vibe with a safe, inviting network of trails, and our amazing non-beach natural assets, and we could have the economic engine April 25, 2023 Page 132 that other Florida beautiful trail towns are. I know you wouldn't put all your financial eggs in one basket; you guys are too smart for that. My vision diversifies us beyond the beach basket we are too dependent on. So please pass this amendment so the overlay can be worked on. Schedule the workshop the Naples Pathway Coalition has asked for so the Paradise Coast Trail can be finished sooner rather than later, and please keep this trail town vision for the East Naples area in the back of your head. Thank you. MR. MILLER: That was your final speaker, Mr. Chair. CHAIRMAN LoCASTRO: I make a motion to approve. Do I have a second? COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. I didn't cut off somebody's comment, did I? Please, if you had something you wanted to say. COMMISSIONER SAUNDERS: I just want to say something to Mr. Bosi. CHAIRMAN LoCASTRO: Yes, sir. April 25, 2023 Page 133 COMMISSIONER SAUNDERS: Yesterday I was talking about you, and I was -- and I had just read something about Nancy Pelosi, and I said -- and I called you Mr. Belosi, and I can't get that out of my head. So I want to apologize in advance for any time I call you Mr. Belosi. MR. BOSI: Well -- and I will gladly accept that, because it gives me an opportunity to -- I wanted to recognize Michele Mosca. She's been working effortly [sic] with the East Naples Civic Association, has really gone out of her way to go the extra mile to make sure that this project arrived to this point as clean as possible. I just wanted to -- I couldn't have a better staff than what Michele provides to the community. Thank you. (Applause.) CHAIRMAN LoCASTRO: You know, I just wanted to add, in the end when we get the report, there's going to be a -- you know, I mean, the reality is there's going to be a lot of nice-to-haves in there or wish-we-could-have-had, but I expect that there's going to be a lot of things that I want to make sure we aggressively do -- you know, the things that are doable. And my expectation is that there should be a lot of that as well. Yeah, there'll be some things that might be sort of conceptual or, you know, maybe a bridge too far a little too late, but there's going to be a lot of other things. So I look forward to working closely with you, as I know Commissioner Kowal does, in figuring where we can make immediate change and not sort of, you know, kick the can or have our replacement sitting here in 10 years ago talking about this report that nobody acted on. We're going to act. We're going to act. So thank you very much. I also will add is -- and only because I heard a little bit of disjointed pieces, and it has nothing to do with the vote here. April 25, 2023 Page 134 I want to make sure that when we talk about this, you know, East Naples Overlay that we go all the way down to, you know, Port of the Islands. And I think, you know, we have -- I made that change early on that, you know, East Naples just doesn't end at the intersection of Collier and U.S. 41, and I think we've made that improvement. But let's make sure if we find an old file or old reference somewhere that, you know, we get an eraser and make sure that it's inclusive, because this is a big stretch that can benefit from this analysis. And I know you-all agree, but thank you. Okay. What's next? Item #9C AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, RELATING TO THE RURAL FRINGE MIXED USE DISTRICT RESTUDY AND SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP AND MAP SERIES TO REQUIRE TRANSFER OF DEVELOPMENT RIGHTS FOR COMPREHENSIVE PLAN AMENDMENTS FOR INCREASED RESIDENTIAL DENSITY IN THE URBAN MIXED USE DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT; AMENDING THE URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL FRINGE SUB-DISTRICT TO REMOVE THE DENSITY BONUS CAP ON RESIDENTIAL IN-FILL AND REMOVE THE REQUIREMENT TO USE TRANSFER OF DEVELOPMENT RIGHTS WITHIN ONE MILE OF THE URBAN BOUNDARY; AND AMENDING THE RURAL FRINGE MIXED April 25, 2023 Page 135 USE DISTRICT OF THE FUTURE LAND USE ELEMENT TO CHANGE DEVELOPMENT STANDARDS AND REQUIREMENTS, INCREASE DENSITY ON RECEIVING LANDS FOR AFFORDABLE HOUSING, ADD TRANSFER OF DEVELOPMENT RIGHTS CREDITS, ADD USES IN RECEIVING AREAS, AND ADD A CONDITIONAL USE FOR RECREATION IN SENDING LANDS, AND TO AMEND DEVELOPMENT STANDARDS FOR RURAL VILLAGES; AND CREATE THE BELLE MEADE HYDROLOGIC ENHANCEMENT OVERLAY; AND TO CORRECT THE SCRIVENER'S ERROR FOR THE IMMOKALEE ROAD RURAL VILLAGE OVERLAY ON THE FUTURE LAND USE MAP; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20200002234] - MOTION TO CONTINUE TO THE MAY 9, 2023, BCC MEETING W/MORE DETAIL BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Item 17F is now Item 9C, and this is an ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed-Use District Restudy and specifically amending the Future Land Use Element and the Future Land Use Element use [sic] Map and Map Series. Mr. Mike Bosi is here to answer questions or present. MR. BOSI: Thank you, Amy. Mike Bosi, Planning and Zoning Director. Normally I would start with a presentation, but taking the queues from my County Manager, questions or presentation; what April 25, 2023 Page 136 would your preference be? CHAIRMAN LoCASTRO: Well, I know this one was moved, so I don't -- you know, I don't know if the two commissioners that had requests have -- want to start it off with maybe your analysis, observation, question, anything... COMMISSIONER McDANIEL: You know, a brief presentation I wouldn't be opposed to -- CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: -- if you don't mind just -- I mean, because this is another all-encompassing land-use overlay on 90,000 acres of our county. MR. BOSI: And with that, I will point -- this is an adoption hearing for the Growth Management Plan for the Rural Fringe Mixed-Use District. Just to give you a little bit of context, this was the first of the four restudies that was directed by the Board of County Commissioners in 2015. This is the last of the restudies. This would close the loop on eight years of various planning efforts. So this has been around for a while, so I will briefly refresh. The Rural Fringe Mixed-Use District, 77,200 acres: 22,373 are receiving. That's the area that we want to direct development to. There's 45,400 acres of sending. That's the blue area, here, here, here, and here (indicating). I'm sorry. That's the receiving. Your sending is your orange, here, here, here (indicating), and that's 45,400; and your neutral is your crosshatched, which have various areas here, here, and here (indicating), and that's just under -- that's 9,427. The overall changes to -- and I won't read through all of these. But, basically, what it allows for is changes to how we determine the number of TDRs. The TDRs are calculated at four TDRs per five acres. When we originally started the program, you had a base April 25, 2023 Page 137 credit, you got a bonus credit, then there was a restoration and maintenance credit, and then there's a conveyance credit. The only thing we're changing related to those four credits is we're changing their early entry to be part of your base. So to participate in the program, you automatically get two TDRs per five acres. That's a significant change. We've removed that. We've also allowed for land to be conveyed to a non-profit or a -- or a land trust within receiving areas. What we found, the State of Florida doesn't really accept land anymore. So when we have property owners who are looking to convey their property, they want to -- to close the loop in the Rural Fringe Mixed-Use District, the sending areas is where we want to protect; they're environmentally sensitive. We've got a conveyance to the last of the TDR credits. Well, the problem is the property owners haven't been able to find an entity that would receive those lands to take care of them in perpetuity, because the state hasn't -- the state has basically taken the stance that we will not accept any further state lands because of the obligations related to the maintenance. So we are allowing the program to be -- land to be conveyed to not-for-profit entity or a land trust, also allow for the sending land parcels to cluster development units while retaining their one-to-four -- one unit to 40 acres, meaning that -- what it does is just allows for the clustering of development in a much smaller footprint to protect the larger environmental to lands. Related to your receiving areas, we removed the maximum -- or we removed the maximum within your rural villages. Your rural villages are the highest intensity that you can get within your receiving area. And your receiving area is where we said we want development to go. Right now you can have -- you can get up to three units per acre within those receiving areas. We also -- but we have a limitation in April 25, 2023 Page 138 terms of the acreage that can be developed to research and technology. We, through the process, want to eliminate that maximum and leave the market to decide, because those are all related to economic development uses. And the concept of the Rural Fringe Mixed-Use District is exact same concept that we had in the RLSA, the Rural Lands Stewardship Area, where you've got your Longwaters, your Bellmar, your Ave Maria. It's sustainability. So we want them to have job creation within these areas at these residential houses. We also want to have goods and services. So the removal of that limitation makes sense to have more sustainability, more economic opportunities, because what we want, the development that moves forward, that they don't have to leave their area to have to get all their goods and services and economic -- economic opportunities. We want some of those to be satisfied by the individual developments in which they live. Also, we have an allowance for -- allow for workforce housing outside of Rural Villages to be standalone at a higher density. We're proposing the -- if you have a program that's proposing affordable housing, you can get up to 12.2 units per acre. Right now the max is three for a village, but because we're prioritizing affordable housing, we're allowing for that to be at 12.2. And I know Commissioner McDaniels [sic] has a point that we're going to discuss in a little bit related to the affordable housing provision as well. Also, to promote economic vitality outside the Rural Villages, allow business and industry uses such as qualified targeted industries to be outside of your rural villages, that means job creation outside your villages as standalone opportunities. And, also, there's an allowance to increase the density from one to two units an acre, but that's not along your Immokalee corridor. April 25, 2023 Page 139 And then the amendments that were proposed in terms of the -- at the time of the transmittal was allowed TDR credits for existing agriculture and conservation uses are [sic] secured by perpetual easements, but we've actually -- we've coordinated with those -- I mean, that has been synthesized down to a development use agreement. We also removed the minimum acre size for cluster developments. We've eliminated the requirement for TDRs to be utilized within the urban area if you have infill development. Infill development, by our Future Land Use Maps, says if you're under 20 -- if you're under 20 acres, you're adjoined by either side with development, you get additional density. You can get three additional units. And the current rule says you have to utilize a TDR to utilize that. We're proposing to eliminate that. It's only been utilized twice before. It just hasn't -- it hasn't found -- the market hasn't been very receptive to it. And increase TDR demand by -- one of the proposals -- by adding a requirement that any GMP amendment that proposes to increase residential density within your urban mixed-use district or your RFMUD has to utilize -- or shall utilize TDRs to achieve that density. And this -- here's some of the recommendations that came from the Planning Commission related -- and it was a 5-0 vote. For a GMP amendment to increase residential densities and [sic] exception to the proposal to require the use of TDRs -- if a public benefit. So if there's an out -- you don't have to utilize TDRs if you're proposing to increase density -- residential density if there's a public benefit, and normally what that's saying is if you're providing for affordable housing, TDRs would not be required. They also recommended that we defer a proposal to require the villages to develop. Anything over 300 acres we had suggested has April 25, 2023 Page 140 to be a village. The Planning Commission said, let's study that a little bit more. Let's defer that recommendation. They also deferred a proposal to create an agricultural TDR credit. One of the things we're recognizing in neutral or your receiving lands that do not create TDRs, if an owner wanted to reserve a parcel of land for perpetual or agricultural use for a 25-year period, they would be eligible for -- to generate a TDR. And there was a specific area within the -- the study area, the Belle Meade area, to analyze it, do a study after the adoption of these amendments to make a determination of the appropriateness of allocation for a flowway TDR, which is an additional TDR that would be added to the system for when property owners allow for flowways to enter into their property and provide written documentation and easements on their property that allows for such use. The request for the Board of County Commissioners was -- was to remove the one to two units along the -- and this was from the Planning Commission's recommendation -- to remove the units along Immokalee Road because it was -- it was determined that the density along Immokalee Road already has provided sufficient enough traffic. Let's pull that back. Let me -- and I know this -- we wanted to get a little bit quicker. Here's where we're at. Like I said, if we -- if we adopt this, we're done. We'll be finalized with the amendments, and then the next step would be staff would be developing the Land Development Code, but there's also a public study that we're going to initiate within the Belle Meade area related to flowways and flowway TDRs. And with that, I know it was pretty fast, and it was all over the place, but any questions that you may have you related to the proposal? CHAIRMAN LoCASTRO: Commissioner McDaniel. April 25, 2023 Page 141 COMMISSIONER McDANIEL: Yes, I -- well -- and I'll be looking forward to hearing our public comment here, but the concern that I've had with the Rural Fringe Mixed-Use District for a long time is the incentivization for people to participate in the program and generate TDRs. And it seems -- it seems counterintuitive to me that we're actually increasing densities and reducing sizes of property requisites and eliminating the necessity of the acquisition of TDRs, or at least that's what I understand. And that, to me, is counterintuitive for a value base for the -- for the TDR program at large. MR. BOSI: And I understand the concern. And one of the things -- and I will put up on the -- and there is the lines that I want to draw your attention to -- is this number here, and that number here, down there, the 10,327, is what -- the number of TDRs we expect will be demanded within the program. And on the top, if you had 100 percent participation within the program, you get to about 10,496, almost identical to what we expect the demand to be. At 50 percent, you've got just under 6,000 TDRs -- you just have under 6,000 TDRs that we would expect to be developed. And at the transmittal hearing, one of the things that was raised was a concern that we don't have enough TDRs. We don't have enough TDRs to meet the eventual demand. So one of the things that we are -- we're trying to recognize and what we've done within the flowway, which is adding an additional 1,200 TDRs, and potentially an extra two TDRs per five acres for the restoration and maintenance credits, is add some TDRs. Eventually -- what that does, though, adding TDRs to the system can devalue the -- it can devalue your existing supply. It's all about supply and demand. When you're adding more towards your supply, the price of that supplies -- what the -- a person who is looking to acquire the TDR April 25, 2023 Page 142 has more options to shop at and, therefore, it can lower the value of the TDRs. So it is really a push and pull. We're trying to find that balance. And we understand the concern. One of the aspects that we do have is the potential to eliminate -- there's currently a regulation that says, only one village could be -- or could be developed as part of each of the receiving areas. We have four receiving areas. The proposal is to eliminate that restriction. So you have two of your receiving areas that are on your southern portion that staff feels would be able to support, potentially, two villages. So that has an off-setting way of creating additional demand which will -- which will have a proportionate effect toward the supply issue that we're talking about. So on one hand there is a devaluation, but on the other hand we're trying to increase the demand for those and, therefore, that helps the pricing power for the individuals with the supply. I know that was a long, economic way of getting around the question, but... COMMISSIONER McDANIEL: You did really well. And you did get around the question. In my perception, by the -- by the -- the creation of more TDRs on the basis of the environmental cleanup and such, there has to be an economic value for that to, in fact, transpire. And you, yourself, have said that the addition of a TDR for the transfer of ownership from the owner to a not-for-profit is virtually impossible nowadays. And I think the compensation there was to move the base units from one to two in order to help compensate for that, if I'm not mistaken. And then you're adding two more on the cleanup side for the environmental aspects? MR. BOSI: Adding two more potentially for the restoration of -- COMMISSIONER McDANIEL: And did we do -- did we do April 25, 2023 Page 143 an economic study or a study on a cost basis with regard to the potential exposure there for a property owner to do -- and knowing that everybody's different. You know, there's a certain amount that you really can't encapsulate. But did we do a study there with regard to that value for theoretical incentivization for more TDRs? MR. BOSI: We didn't do a specific economic valuation of the expected -- the individual action of the creation of the two additional in terms of the impact in the terms of the price, but we did do an update in terms of, as I've showed you, what we expect the demand would be and what we'd expect the demand and the supply to be with the additional units. So we've just kind of at least tried to align them in more closer proximity without getting into, really, an economic analysis to see what's the effect of these changes on the value of a TDR. Right now the value of a TDR is trading around about 15- to 16,5-. There used to be a requirement where $25,000 was the minimum for a base credit. This Board of County Commissioners directed us to eliminate that. Basically, TDRs now float at market rate. That market rate turns about 15-, 16,5-. We haven't done an analysis to see, are these proposed changes -- is that going to increase the value or decrease the value by any -- by any degree. COMMISSIONER McDANIEL: Now -- and then the other question I had had to do with the affordable housing component and the elimination of TDRs there. Does that not -- in my mind, does that not devalue the market value of existing TDRs? MR. BOSI: And as we discussed yesterday in your -- it has that potential. Remember, though, the proposed density for an affordable housing project is 12.2. Without the affordable housing, your proposed -- your max density is three units per acre. So you're potentially 9.2 units above what any TDRs could ever be expenditure April 25, 2023 Page 144 [sic] under the current program. What we did talk about was if you do have an affordable housing project, we don't have it clarified that any market-rate units that would -- that would be proposed as part of that development is exempt from TDRs, and there was -- there was a possible discussion of requiring those market-rate units to have some participation within the TDR program. We have had some conversation with Mr. Mulhere and his client related to some of the projects they have moving forward, and we recognize that we don't have a specific recommendation in terms of what that number would be in terms of the market rate that's affiliated with an affordable housing project. We do recognize that because it's an affordable housing project, there's only so much extra cost that you could add to the unit before the -- before that subsidization is not realized by the project. But what we were proposing in discussion with Mr. Mulhere and the development community was to work on -- to maybe request for a continuation till the next meeting and have a suggestion to the Board of County Commissioners that we could arrive upon that would -- that could address that very issue of making the market rates at least participate in some way with the consumption of TDRs. Because that's the -- I mean, the program is to preserve your environmentally sensitive lands, to make whole the property owners who had the development rights restricted; and the way that that is done is having those TDRs -- the TDRs that those sending land owners created to be consumed by the market. So if we would have some -- some accountability for those market-rate units within affordable housing projects to have to participate in some consumption of TDRs, we understand that that is -- that it furthers the overall goal of the program in a more holistic way. April 25, 2023 Page 145 COMMISSIONER McDANIEL: Just as you and I talked yesterday, that's one of the -- I'd like -- of course we want to hear from the public, but I think that's a prudent move for us, because that's -- that's -- and the other point that I made that I talked with you about yesterday -- and I don't know if this is an appropriate time -- although it seems like I'm adept at bringing things up at an inappropriate time. But the -- you know, this is a closed-loop system. And so one of the things I'd like to see explored sooner than later is the availability of allowing TDRs to be transferred out and even incentivize their utilization outside of the system. So I'm done. CHAIRMAN LoCASTRO: Mr. Miller, how many public comments do we have? MR. MILLER: We have two registered speakers, Mr. Chairman. Your first speaker is Lisa Lefkow. She'll be followed by Bob Mulhere. MS. LEFKOW: Good afternoon, Commissioners. For the record, Lisa Lefkow, CEO, Habitat for Humanity. And I'm here to plead for you to be open to this amendment. This has great benefit for Habitat for Humanity as it will incentivize affordable housing. This is a key area for us as we look at how to manage affordable housing. You've been tackling this intractable issue for some time now. We've made some great progress with some other incentivizes and amendments to Land Development Code that you've passed recently. I think appropriate earlier today -- it seems like a long, long time ago. But this morning we acknowledged April as Fair Housing Month. And so here as we talk about how we manage our growth in Collier County and particularly provide avenues for developers like Habitat for Humanity, one more reminder that we are your sole provider of access to affordable homeownership. April 25, 2023 Page 146 Yesterday, in the newspaper, there was a front-page article about cost of housing in Collier County continuing to escalate even as other communities in Florida are leveling off or even going down, as our neighbors in Lee County are experiencing. Median sales price last month at $640,000. The influx of over-55 members of residents in our community which, again, turns around and puts additional stress on our workforce and our service industry. So the issue of access to housing that is affordable is not going to go away, but this is one thing that provides an incentive for developers like Habitat for Humanity. We do have opportunities to enter into partnerships that I think would be, again, incentivized by this LDC amendment -- growth management amendment. And so I urge you. We've been studying this just like we identified in the previous issue, that we've been studying this for a long, long time. We've put a lot of work, a lot of effort into this, and this is a successful way for us to move into a smart growth future. So, please, let's pass this amendment and let it do its work so that we can continue to make this community better and stronger. Thank you for your time, and thank you for your service. MR. MILLER: Your second and final speaker is Bob Mulhere. MR. MULHERE: Good afternoon. For the record, Bob Mulhere with Hole Montes. I represent seven or eight, maybe 10 landowners in the Rural Fringe collectively, upwards of 10,000 acres of land. It has been a long time, because I finally remember working with Bruce Anderson, who he and I -- and he was a great land-use attorney. And Bruce and I together worked on behalf of a coalition of landowners in the Rural Fringe, and we prepared a white paper. We delivered it to the Board of County Commissioners, and that became the basis for the Board's recommendation for a restudy. We April 25, 2023 Page 147 thought we were going to be first of the four. COMMISSIONER McDANIEL: How did that work out? MR. MULHERE: We ended up being last. So it's been a long time. I just wanted to point out a couple of things. I think it would be a good idea maybe to give us maybe till your next meeting to look at it -- I can speak with my clients. I can speak with staff -- in terms of addressing, Commissioner McDaniel, the issue you raised as it relates to utilizing or not utilizing any TDRs with respect to an affordable housing density bonus. With respect to the cost of restoration, I have talked to a number of my clients. We did provide staff with one actual analysis, but I can tell you -- and this would be anecdotal, except for the one report we did provide, which is factual -- the cost is anywhere from 5,000 to maybe 7- or 8,000. It depends on the nature of the exotics and whether you've got to move dirt, so on and so forth. So you can see that on five acres you're really starting to approach the value. COMMISSIONER McDANIEL: Five thousand to 7,000 per acre. MR. MULHERE: Per acre. So I think that bonus makes sense. You do want to slightly incentivize that. You want people to go in there and be willing to spend the money to remove those exotics. These higher density -- this 12.2, I don't think you'll see a lot of projects coming in at 12 units per acre because that would be almost 100 percent affordable housing. Typically, what you get is somewhere between four and six units per acre. Those also, at that density, will need to be in a location where central water and sewer is available: Out on the East Trail; obviously Immokalee Road for a certain distance. I'm just looking to see -- you know, one thing that might be April 25, 2023 Page 148 helpful, assuming in two weeks we come up with a resolution and this is supported, is that we -- perhaps staff can provide the Board with an annual or maybe biannual report about the utilization of TDRs. We could monitor that, because there may need to be some adjustments in that over time. I know what your concern is. Your concern is that the sending land owners who lost their development rights went one per five to one per 40, now 23 years ago. The way that they were being legally compensated was through this TDR program. So we do need to make sure that it works. COMMISSIONER McDANIEL: He doesn't have to be time constrained. MR. MULHERE: Sorry. Thank you. Any questions? COMMISSIONER McDANIEL: Did you get done what you needed to say? MR. MULHERE: That's it, yep. Thank you. CHAIRMAN LoCASTRO: Any questions by anybody? COMMISSIONER McDANIEL: Well, I'd like to take -- I'd like to make a motion, if you're ready. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER McDANIEL: I'll make a motion to continue this for two weeks and fill in those two gaps that we were talking about with regard to the utilization of the TDRs for housing affordability. CHAIRMAN LoCASTRO: Okay. So we've got a motion to not approve amending this ordinance but to delay it for two weeks and bring it back with more details. Is that it in a nutshell? COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: I second that. COMMISSIONER McDANIEL: That's a nice nutshell. CHAIRMAN LoCASTRO: All in favor? COMMISSIONER HALL: Aye. April 25, 2023 Page 149 COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. This doesn't pass, but the delay for two weeks to bring it back with more detail does, so... Okay. MS. PATTERSON: We'll move it to the next agenda. CHAIRMAN LoCASTRO: Thank you. MS. PATTERSON: Commissioners, that brings us almost to our 2:30 time-certain. So by the time I read these all in and make a couple of opening comments, I think we're good to go. CHAIRMAN LoCASTRO: Okay. Item #11B FIRST AMENDMENT TO DEVELOPER AGREEMENT WITH RURAL NEIGHBORHOODS, INC., TO DEVELOP HOUSING AT THE FORMER GOLDEN GATE GOLF COURSE. (COMPANION TO ITEMS #11C & #11D) (CORMAC GIBLIN, ECONOMIC DEVELOPMENT AND HOUSING DIVISION DIRECTOR) - MOTION TO APPROVE ALL THREE (#11B, #11C & #11D) ALL AT THE SAME TIME, WITH THE CHANGES DISCUSSED ALONG W/CLEAN UP ITEM BY STAFF AND THE COUNTY ATTORNEY BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED Item #11C April 25, 2023 Page 150 TO APPROVE COLLIER COUNTY STANDARD FORM LONG- TERM GROUND LEASE WITH RURAL NEIGHBORHOODS, INC., TO DEVELOP HOUSING AT THE FORMER GOLDEN GATE GOLF COURSE AND AUTHORIZE NECESSARY BUDGET AMENDMENTS. (COMPANION TO ITEMS #11B & #11D) (CORMAC GIBLIN, ECONOMIC DEVELOPMENT AND HOUSING DIVISION DIRECTOR) - MOTION TO APPROVE ALL THREE (#11B, #11C & #11D) ALL AT THE SAME TIME, WITH THE CHANGES DISCUSSED ALONG W/CLEAN UP ITEM BY STAFF AND THE COUNTY ATTORNEY BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED Item #11D THE CHAIRMAN TO SIGN A STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR AGREEMENT BETWEEN COLLIER COUNTY AND RENAISSANCE HALL AT OLD COURSE, LLC IN THE AMOUNT OF $1,500,000 FOR NEW CONSTRUCTION OF RENTAL HOUSING UNITS AT THE GOLDEN GATE GOLF COURSE AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL SHIP-RELATED RESTRICTIONS FOR THIS PROPERTY IN ACCORDANCE WITH THIS AGREEMENT AND PROJECT. (COMPANION TO ITEMS #11B & #11C) (KRISTI SONNTAG, COMMUNITY AND HUMAN SERVICES DIVISION DIRECTOR) - MOTION TO APPROVE ALL THREE (#11B, #11C & #11D) ALL AT THE SAME TIME, WITH THE CHANGES DISCUSSED ALONG W/CLEAN UP ITEM BY STAFF AND THE COUNTY ATTORNEY BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED April 25, 2023 Page 151 MS. PATTERSON: These are Items 11B, 11C, and 11D, and I will read them in. First is 11B, is a recommendation to approve first amendment to developer agreement with Rural Neighborhoods, Inc., to develop housing at the former Golden Gate Golf Course. Its companion, Item 11C, is a recommendation to approve Collier County standard form long-term ground lease with Rural Neighborhoods, Inc., to develop housing at the former Golden Gate Golf Course and authorize necessary budget amendments. And, lastly, Item 11D is a recommendation to approve and authorize the Chairman to sign a State Housing Initiative Partnership Sponsor Agreement between Collier County and Renaissance Hall at Old Course, LLC, in the amount of $1,500,000 for new construction of rental housing units at the Golden Gate Golf Course, and authorize the County Manager or designee to execute any and all SHIP-related restrictions for this property in accordance with this agreement and project. You're going to have a number of staff people that are going to come up to speak as well as other representatives and partners for this project. I'm going to move to the podium. Hello. CHAIRMAN LoCASTRO: State your name for the record. MS. PATTERSON: This feels different. CHAIRMAN LoCASTRO: And you have three minutes. MS. PATTERSON: That's perfect. So just before we get started with the presentations and the conversation, I just wanted to position this a little bit for the Board. We actually were working on these items for the last Board meeting and at the last minute, literally, 5:30 on Wednesday night before print, we noticed -- staff -- very diligent staff members noticed some changes that we weren't sure had been thoroughly vetted by all of our partners. April 25, 2023 Page 152 And, of course, as you know, the partnership is incredibly important to the success of this project. It's been a long time coming. And while we are all incredibly frustrated with how long it's taken, we do not want to put documents on the agenda that we are not all comfortable with. Fast-forward us to where we stand now. We have documents on the agenda, and I think we're going to have a good conversation about that. Our intent is -- we focused a lot on getting the very important language squared away in these agreements and, frankly, we have some housekeeping matters that need to be attended to. There are two specific changes that Mr. Finn is going to cover with you that are different than the document that is in the agenda package as well as a number of cleanup issues, punctuation, misplaced "ands," underlines, addresses, as well as any input that you may have into these documents. We will clean all of this up with the assistance of the County Attorney and bring it back for final approval at the next agenda meeting unless the Board feels strongly one way or the other that we're going to take a different direction. But I wanted to get that out there so that everyone feels free to give their -- their input to this. If there are subjective changes, we'll address those, or if we arrive at a different place when we get to the end of this conversation and feel that we can make these adjustments and get a clean version, we'll discuss that with the County Attorney. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: A quick question for the County Manager and, I guess, the County Attorney. You've just gone through that there's going to be some technical changes, some addresses, "ands," and that sort of thing. We can make those changes today. I'm not -- I don't want to start off with, well, we're going to continue this for two weeks. I'd rather start off with, well, April 25, 2023 Page 153 we've got some technical changes. If everybody's okay with them -- and we've got all the parties here -- we just approve those today with those technical changes, and the County Attorney can draft up the document. So I don't think we need to continue this, and I certainly would prefer not to continue it. MS. PATTERSON: Certainly understand, sir, and obviously we have two options on the table. Should the Board have additional changes that they want to make after everything that they hear, we do have Option 1, which is two weeks further, or if they are simply the technical changes as well as the two -- which still are -- still really -- they're not substantive changes. They're more clarifications. They just have more words -- and we can make those changes. We can make that decision when we get to the end of all these presentations and conversations. So we're prepared to go either way, but I felt like it was my responsibility to come up here and let you know exactly how this had transpired. We don't like messy agenda items and most certainly don't like items placed on the change sheet with, you know, a dozen "ands" and periods and question marks and things like that. It's untidy. All right. So with that, I will start this off. I believe Mr. Giblin may be first up, or Mr. Finn. Mr. Finn's first up, and I will sit down. MR. FINN: Thank you, ma'am. Troy, can you pull up that other one real quick. MR. MILLER: Sure. MR. FINN: I appreciate that. And Edward Finn, Deputy County Manager. This item's a little untidy. It is, however, kind of critical -- one more -- critical to the financing on the project and the timeliness of the project. So the Board's indulgence, if they feel like providing April 25, 2023 Page 154 that, would be much appreciated. MS. SONNTAG: Not that one. MR. MILLER: I'm sorry. Which one is it, Ed? MR. FINN: It's in Golden Gate Golf Course, Troy. It is the one that deals with Item 11C, ground lease changes. Thank you, sir. Outstanding. So this item is actually the second one in this group. The first one the Board's actually going to look at is going to be the developer agreement. Going through this, I'm going to just kind of give you a little heads-up or advance look at what this lease does. It mirrors the original Rural Neighborhoods developer agreement dated November 10, '20, and it includes the amendments the Board's going to see today. The term of the lease is for 99 years. One of the slight adjustments to this is to reduce the acreage from 25 to 23.36, and that has to do with the greenway on the golf course. There's a nominal rent of $10 a year. The Rural Neighborhoods, in accordance with this agreement, has 45 days to provide us a timeline after this is done. The county can terminate the lease if Rural Neighborhoods is unable to secure its financing. And, finally, Rural Neighborhoods is required to diligently pursue construction once it commences, and have it completed within 30 -- 30 months. So relative to the published agenda, there's just a handful of changes that need to be made, a couple of corrections, largely spelling and scrivener's, nominal things. Of the couple of changes, this is the one that could be considered a little bit material, and this is just -- just designed to provide some further assurances relative to financing and whatnot as to everyone involved in operating this property being responsible for what's identified in this paragraph. April 25, 2023 Page 155 And the same here with liens and mortgages. This is -- as Attorney Klatzkow would say, is kind of a belt and suspenders. The proposed addition, just belt and suspenders, the concept of the exception, and this is to ensure that we have proper language in here for our federal grants. So as the Board goes through this, if there are some changes to this item, we will, of course, incorporate those, and the Board will have an opportunity to decide whether the changes that we've talked about are of a nature that they're willing to allow us to make those adjustments, of course, under the guidance of Attorney Klatzkow. With that, I'm going to turn it over to Mr. Giblin. Thank you. MR. GIBLIN: Thank you. And, Troy, could you bring up the original presentation. For the record, Cormac Giblin, your interim Economic Development and Housing director. I'm going to be briefing you on the three companion items today that are 11B, 11C, and 11D. 11B is the first amendment to the developer agreement with Rural Neighborhoods, 11C is the long-term land lease that Ed just gave some of the highlighted changes to, and 11D is the $1.5 million SHIP sponsorship agreement that Ms. Kristi Sonntag will address later in the presentation. Just some history here. On December 13th, 2019, we publicly advertised Invitation to Negotiate 20-7698, and on June 9th, 2020, the Board selected Rural Neighborhoods and directed staff to begin negotiations with the developer. And then on November 10th, 2020, the Board approved that developer agreement. The first of your items, which is 11B, is the first amendment to the developer agreement. This amendment does basically three things: It removes the 1.64 acre of greenway from the leased area. It's basically the required greenway band. Rural Neighborhoods April 25, 2023 Page 156 decided it -- and the county both feel that it doesn't make sense to include the required greenway in the leased area that is going to be Rural Neighborhoods' responsibility while we were already maintaining the golf course and the other -- the other areas of greenway around that area. The second thing it does, it provides clarifications and corrections to Exhibit B due to the proposed inclusion of federal and/or state grant funding. It firms up the total number of units. And the original developer agreement had a range of units. It had a minimum and a maximum. Well, now that we're a couple years down the road and the developer has done their site planning and architectural work, the number of units is pretty firm at 252 ESP units and 120 senior units. It also adds lower-income units and eliminates those units that have incomes above grant guidelines. When this project was first conceived, it was not contemplated to include any federal or state grant money in it. As times have changed, interest rates, construction cost, et cetera, there has become the need to incentivize it a little bit more with federal and state grants. Those grants do come with strings attached and certain in-target incomes that can only be used in the project. So what the developer agreement does is basically lower some of those income limits. And then it clarifies and accelerates the construction timeline. As Ed mentioned, we will receive a schedule within 45 days of today, and the developer has six months from then to secure financing. This would be the unit affordability breakdown in the revised developer agreement. The ESP housing section would have 22 units at 50 percent area median income, 28 units at 80 percent area median income, and 202 units at 100 percent area median income, for 252 total. And in the senior housing section, there would be 12 units at 28 percent AMI and 108 units at 60 percent AMI. The entire April 25, 2023 Page 157 development would be 372 units total. The terms of the ground -- the next Item, 11C, is the long-term ground lease. As Ed mentioned, some of the technical changes that we need to do. The highlights, again, are that it's a 99-year lease of 23.36 acres at the golf course. The county can terminate the lease if Rural Neighborhoods cannot secure a financial commitment for the initial phase within six months of today, and Rural Neighborhoods is required to diligently pursue construction and complete it within 30 months of the commencement. And then the third item in this package of combined items is 11C -- I'm sorry -- 11D, which is the SHIP sponsorship agreement for $1.5 million. This project was reviewed or presented at the county's county-wide application cycle that was made available between January 6th and February 11th. It was reviewed and ranked by your Review and Ranking Committee on March 10th and 11th, and it received the highest ranking of all of the presentations that were received in this cycle. This agreement supports the permit fees, predevelopment and construction costs to support 50 SHIP-assisted units within the 252-unit development. Twenty-two of those would be low income, and 28 would be -- I'm sorry, 22 would be very low income, and 28 would be very low -- low income. The property is income restricted through this agreement for 30 years, and Renaissance Hall at the Old Course, LLC, will be responsible for providing and executing the land-use restriction agreement, the promissory note, and mortgage. So with that, that's our staff recommendation on all three items is to approve the first amendment to the developer agreement, approve the long -- the standard long-term lease agreement with Rural Neighborhoods with the additional clarifications that Ed put April 25, 2023 Page 158 into the record today, and approve the SHIP sponsorship agreement. And that's what we've got. CHAIRMAN LoCASTRO: Do we have any other speakers or anything else? MS. PATTERSON: Troy, do we have any on -- MR. MILLER: I have no registered speakers this item, Mr. Chair. MS. PATTERSON: We do have our representatives here, both from the developer as well as from the Community Foundation. They may want to make some comments. CHAIRMAN LoCASTRO: Let me go to my colleagues. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Just a -- just a quick note. I had it in my brain somewhere that when the -- when Collier County was contributing taxpayer values to a project that it was going to be held in an affordable status in perpetuity. And I saw that last bullet point flow through there that said we were only doing this for 30 years. MR. GIBLIN: That's with respect to the SHIP loan or just the -- COMMISSIONER McDANIEL: Just the SHIP loan aspect. MR. GIBLIN: The entire thing is locked up for 99 years. COMMISSIONER McDANIEL: Question answered. I'll move for approval. CHAIRMAN LoCASTRO: I've got a motion to approve. Do I have a second or -- COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: -- or a question? Commissioner Saunders. COMMISSIONER SAUNDERS: I just wanted to make -- we have representatives here from the foundation, and we have April 25, 2023 Page 159 representatives here from the developer. I think I saw Mr. Kirk. I'd at least like to see a nod of the head of both that these agreements are consistent with what you need. And it looks like, just for the record, everybody's saying yes, this is what we need. So if the motion was to approve all three of these items, then I'll second that motion, if it hasn't been seconded. COMMISSIONER McDANIEL: It was. CHAIRMAN LoCASTRO: Okay. We've got a motion and second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER McDANIEL: County Manager's flinching. MS. PATTERSON: We need the motion to reflect that it will be those -- including those two changes to the lease document as well as the scrivener's error changes and anything else the County Attorney feels -- we'll work that through the County Attorney, but if you could amend that motion to include those changes that were provided. COMMISSIONER McDANIEL: Do you have a question? COMMISSIONER HALL: Yeah. COMMISSIONER McDANIEL: He's got a question. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I have a question for Mr. Kirk. There's no doubt about it, we're all rooting for you but, you know, six months to get your financing, and this project's been on and on and April 25, 2023 Page 160 on again. And I know that the foundation has concerns, and they're rooting for you as well. So kind of fill us in where you're at, what your plan is, and where you see yourself going forward from here, please, sir. MR. KIRK: Yes. Steve Kirk, Rural Neighborhoods, for the record. Execution of the lease today and the financial grant commitments are step one in the timetable. Firm commitment of nearly $60 million worth of principal loans has not been possible in the absence of site control and the commitment of the secondary capital. So this is a big step today in terms of doing that. You know, credit markets are in turmoil, as you heard this morning, with the other portion of the golf course. But our successful underwriting requires that we finish a couple of other steps, but we're in good standing. So let me just walk through several of those. Probably one of the most important ones is the approval of the ERP, the Environmental Review Permit, for the property, which the county is scheduled to submit in the next several weeks on behalf of the overall site. We have an interim ERP pending in our building permit application. But we will end up deferring to the overall site. We have invested $1.5 million to date in the project, so we're fully committed. And for a charitable housing group, that's not for the faint of heart. We have the preliminary indication from US HUD, who is our loan guarantee, to Prudential Real Estate, who is our lender. And so we are invited to submit our application for the firm commitment approximately July 1st. We are working with DeAngelis Diamond, who is our selected contractor, to get their firm construction price in advance of that date. And so from a timetable perspective, I think our hope right now is to close in September and to try to commence construction in April 25, 2023 Page 161 September/October. But we are within striking distance. There are some additional funding applications potentially coming to this board in a future month from other applications that are being met that are passed through to the county, and hopefully we're in good shape. Architectural plans and Site Development Plans are in place in the county and under review. COMMISSIONER HALL: Perfect. Thank you. COMMISSIONER McDANIEL: I'll amend my motion to reflect the wishes of staff and the County Manager and the County Attorney. COMMISSIONER SAUNDERS: And I think I made the second, so I'll amend the second. CHAIRMAN LoCASTRO: Yep. Okay. I think we're all in favor. MS. PATTERSON: Thank you, Commissioners. COMMISSIONER McDANIEL: Do you want us to vote again? Jeff, do they need to vote? MR. KLATZKOW: No, we're good. MS. PATTERSON: Okay. Thank you. CHAIRMAN LoCASTRO: I want to recognize somebody in the audience here, and she just stood up. We have the CEO of the Collier Community Foundation. Boy, I tell you what, this -- their organization has just done so much good since the hurricane, before the hurricane, after the hurricane. So, Eileen, I just wanted to tell you it's an honor to have you here. She and I, a few days back, were on Marco, and the JW Marriott collected well over a hundred thousand dollars after Hurricane Ian to give to Collier Community Foundation to support all of the great philanthropic efforts that Eileen and her team support and April 25, 2023 Page 162 lead and help. And so that was a great charitable donation by the JW Marriott as they collected money from customers and helping their own employees. So I know you're a big piece also, too, of this affordable housing. You've got your support and your hands in so many different things. But before you exited, I just wanted to recognize you. And it was an honor to be with you to watch you accept the check, and I know you're going to put that money from the JW Marriott out on Marco to such good work, and we look forward to your leadership on this project as well. And you let us know if something's sort of going off track a bit because, you know, we need your help and guidance as well as we push this forward and have it be another great thing for the county. But thank you, ma'am, and to all of the people that you represent in your organization. MS. CONNOLLY-KEESLER: Yes, thanks. Thanks to the staff, too. CHAIRMAN LoCASTRO: Yes, ma'am. Okay. This might be a good time for a break, and then let's come back here -- let's just come back here right at 3:00. MS. PATTERSON: Three o'clock. CHAIRMAN LoCASTRO: Okay. (A brief recess was had from 2:45 p.m. to 2:59 p.m.) MS. PATTERSON: Chair, you have a live mic. Item #12A THE CHAIRMAN TO EXECUTE A MEDIATED SETTLEMENT AGREEMENT WITH LA MINNESOTA RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION, INC., FOR SETTLEMENT OF A BERT HARRIS CLAIM FILED PURSUANT TO FLORIDA STATUTES §70.001, RELATED TO April 25, 2023 Page 163 APPLICATION OF THE COUNTY’S GOLF COURSE CONVERSION ORDINANCE ON THE RIVIERA GOLF COURSE.MOTION TO MOVE FORWARD AS WRITTEN IN THE AGENDA BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED CHAIRMAN LoCASTRO: Okay. First, all the citizens that are in the audience that maybe you haven't -- you know, you haven't been here since this morning, just to reiterate, please shut off your cell phones, okay, or put them on silent so we don't have to hear, you know, musical songs in between testimony from folks. And also, too, we run a very professional meeting here, as I know you would appreciate as well. So as I said at the outset of our meeting when we had some other, you know, controversial topics that came up, this isn't The Jerry Springer Show. So when somebody comes to the podium, please give them as much respect as you want when you come to the podium. So cheering and hollering and things like that aren't helping anybody up here. We want to have a professional conversation. We want to hear from all sides. And I've said before from this seat, and I know my colleagues agree with me, public comment is the most important part of what we do not only in this room but in America, right? There's places where nobody gets to do this. Having said that, let me set the table a little bit. We all got probably all of your emails. I know I answered every single one. And if you haven't heard from me yet, you will, okay. But I think there's a little confusion in your neighborhood as to what we're doing today, okay. So today we're not -- we're not -- you know, when we all got an email saying, can't believe you commissioners are doing this or -- we haven't done anything. You know, we're not -- we're April 25, 2023 Page 164 not voting on doing something tomorrow. It's a process. And although I don't think that's going to change anyone here wanting to come to the podium, I'm going to ask our County Attorney to summarize actually what we're doing today, because 95 percent of the emails we got, you know, with all due respect, jumped to sort of Step 99. We're not there yet, okay. Nothing has happened yet, okay. We're just looking at possibilities and ideas and possible proposals. And your board's involved. And if you think your board's not representing your position, then talk to the board you elected, okay. And we can't. We can't be your board. We're the Board of County Commissioners. You have a Riviera Golf Estates board. And there's plenty of time to do all that. This isn't the final meeting. This is the first meeting. So I just want to say that so it might change a little bit of your words of coming up here saying, please don't do this today or, you know, I can't believe you're about to vote to do A, B, C, D, and E. It will have these negative effects, or maybe you're for something. That's not what today is happening. So, you know, I know what you might have read on social media, and we got all the feedback here. But I just said that to set the table. Having said that, our County Attorney is the one who's -- in this room here who's been most involved in the process here. So I just ask Mr. Klatzkow -- I think a good start would be, please separate rumor from fact and summarize exactly what is on the agenda today for us to vote on and what it would do if we voted yes on it and what it wouldn't do. Is that -- is that a good setup? MR. KLATZKOW: Yes, sir. CHAIRMAN LoCASTRO: Okay. Over to you. MR. KLATZKOW: This is the first of a two-step process, April 25, 2023 Page 165 potentially. This one is for the Board to review a mediated settlement agreement that we have with the owner of a golf course, the Riviera Golf Course Homeowners Association, for a Bert Harris Claim that was filed by the owner against the county. Ms. Patterson and I attended a mediation along with the HOA. The vast bulk of the negotiations were between the HOA and the developer. The purpose of this mediated settlement agreement is to set up a financing vehicle that the community can purchase this golf course if that's what they want to. That vehicle would be either a special district or an MSBU. I will be working with the attorneys for the HOA to set up something that is acceptable to the community for that. Now, this is going to be a benefit unit, not a taxable unit, all right. By that I mean that -- consider getting your typical -- the way we do things is through taxes, MSTUs. This is going to be a benefit unit so that there will be assessments because if you're living on the golf course, you're getting a better benefit from this deal than if you're not living on this golf course. All right. It also brings in more people because a lot of these homes have been homesteaded in Save Our Homes, and they don't really pay very much in taxes. If the Board approves this framework, Ms. Patterson will be employing a professional who will go out and he will calculate what the proper assessments should be from a house-to-house standpoint. Now, there is the potential that these assessments might go beyond the four corners of the Riviera Golf Estates because the Riviera Golf Estates has a drainage system that benefits more than Riviera. It also benefits some of the surrounding communities. How they benefit will be calculated in this report. We obviously don't want to start this unless the Board is comfortable with this process. April 25, 2023 Page 166 There will come a point in time, hopefully in 60 days, where we will have that information. I know Ms. Patterson is considering the potential for Conservation Collier monies to come into this because there is some really nice -- there's some really nice property here, that it might be a benefit for Conservation Collier. And we'll be coming back to the Board with the proposed district, assuming that we get there. It could be that the HOA says no, we don't want this; we've heard back from our community, and it's too much money, and that will be the end of it, and that will be the end of the mediated settlement, and then Mr. Yovanovich and I will go back to doing what we do in court. Again, this mediated settlement is almost exclusively for the benefit of the community which gives them a financing mechanism that they can utilize to purchase this golf course if that is what they want to do, all right. And, again, at the end of the day, if they say we don't want this, that's fine. We'll just move on with the litigation. CHAIRMAN LoCASTRO: So am I correct here in saying, to use your words, the end of the day is not today? MR. KLATZKOW: No, the end of the day is not today. CHAIRMAN LoCASTRO: So if we voted -- I don't want to get ahead of ourselves, and I'm not -- I want to hear from everybody. But today alls we would be voting on is do we want to move forward to continue to explore this option? It could -- it would come back to us at some point with more detail, and we might hate it; they might hate it. We might love it; they might love it. It doesn't matter, but that's all we'd be doing today is to move forward on the -- on exploring the possible proposal and bringing us more detail as to what it would look like, correct? MR. KLATZKOW: That's absolutely correct. CHAIRMAN LoCASTRO: Okay. So everybody understand April 25, 2023 Page 167 that? Okay. The other thing, too, is -- and I will say this -- and it's sort of a summary from sort of what I know my colleagues feel. The county's not trying to force anything down your throat. We're trying to -- if you hate it, this is totally up to you. And I say this as a summary of a lot of emails that said, I can't believe the county is so stupid that they're making us do -- we're not making you do anything. But just remember what you're going to hear today, there's lots of options for that property, and a lot of the emails that I know I personally got thought it was this or nothing, and it's not. It's this or lots of other things that you may or may not like. So everybody just listen with an open mind. Let's all be professional here, and let's just remember what would be decided here would just be to either move forward to bring us more information, and you, and explore one of many possible options, or it could totally die today if nobody even wants to take the time to know all the details and facts of this one possible option for your community. And, I mean, I feel really close to Riviera Golf Estates. You're not District 1 anymore, but you used to be, and I see a lot of familiar faces out here. Don't think for a second anybody up here is trying to force anything down your throat. We're trying to think out of the box and look at options. And if you think they're all the wrong options, in the end the decision's yours. Nobody's going to force feed something here. It's just that, you know, there could be other options that happen that you don't have as much say in. So, you know, I just say that to set the table. So having said that, how do we want to proceed? Do we want to -- I know I've got commissioners lit up maybe that want to make some opening statements. Let me go to Commissioner Kowal, since this is his district, and April 25, 2023 Page 168 then I'll go to Commissioner McDaniel. COMMISSIONER KOWAL: Thank you, Chair. I just want to make it clear that, you know, I did receive a lot of emails and correspondence in reference to this, and this is in my district. And I tried to convey the best I could -- I answered some of the emails and some things, and I just was letting people kind of know up front that this was not a vote today to purchase a golf course -- I just wanted to make that clear -- and that this is a process. And part of this process, like the attorney just said, is that we don't really know the public benefit that purchasing this golf course can ultimately be. There's other communities that -- for stormwater management, this golf course does have some use for that. And so we don't even know what the footprint would be and how many rooftops. I know there's 690 rooftops in Riviera Golf Estates, but that may be a larger number, and the whole burden may not be upon Riviera Golf Estates when it's all said and done. And until we know exactly what that footprint consists of and other avenues like county management has been -- you know, the manager's talking about with Conservation Collier maybe purchasing parts of this, too, and that alleviating some of the cost on you as the stakeholders here. I just want to make sure -- and then I also said -- and I spoke to the HOA at Riviera Golf Estates -- when it does get to that point we're getting closer and closer for this to come back to this board up here, this body, that I would feel comfortable if they go back to their community, and whatever other rooftops that are included, if they're part of that footprint, that they take a vote, and they bring that vote back to us, and then we move on from there. So I just wanted to make that clear. Thank you. April 25, 2023 Page 169 CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well -- and that -- thank you, because you shed light on something that I wasn't able to get in this information, that there's 690 homes in Riviera as we speak. And, County Manager, without holding your feet to the fire in any way, shape, or form, we talked a little bit yesterday about the viability of this settlement agreement having positive impacts on a larger area than the subdivision of Riviera. If you had to guess, how many more homes would be included in that? MS. PATTERSON: I couldn't even make a guess, but I think the two prong is -- one is where the benefit may extend to, you know, to the north, potentially. I don't know. We have to look at the flow patterns of the water in this area, but the second that part we want to look at also is how this system continues to interact with LASIP. LASIP is -- it's central to this area. It's squeezed between two major components of LASIP, and how this may benefit the LASIP system long term is another avenue that we need to look at and pursue. COMMISSIONER McDANIEL: So, round numbers, you don't know how many more homes could be brought into this overlay? MS. PATTERSON: We don't, but we're going to engage with a consultant, and whether it's that one or that one plus, the consultants that designed the LASIP system originally and have done work for us and on the LASIP since are still here. It's a firm we work with regularly so I'm suggesting that we bring them on to help us with looking at this area and what the potential benefits are. COMMISSIONER McDANIEL: And -- thank you. And, County Attorney, has there been any discussion with the secondary portion of this? If, in fact, we move through the settlement and if, in fact, we go forward with the MSTU and the non-ad valorem assessment, how long do we -- can we amortize that April 25, 2023 Page 170 expense out in order to recoup it? Is there a -- MR. KLATZKOW: I would defer to Mr. Finn on this, but that question we'll bring back to the Board whether or not the Board wants to, in essence, hold the paper on this, you know, for a length of time, or if we want to take out our position through commercial paper, and -- COMMISSIONER McDANIEL: Plus/minus, though, how long can that amortization be? MR. KLATZKOW: Well, if it's with the Board, it could be up to 30 -- it could be 30 years. Commercial paper, I believe, tends to be 10 or 15 years. COMMISSIONER McDANIEL: Forty years is not on the realm? MR. KLATZKOW: We just did a 99-year lease, so, yes. COMMISSIONER McDANIEL: Okay. Well -- and because where I was going with this, with the process, if the mediated settlement ended up being the 5.8 and it was only exposed to the residents of Riviera, that's $8,500 plus/minus a home on a special assessment and a 40-year amortization is $212 a year. That's -- MR. KLATZKOW: That's like a pizza a month. COMMISSIONER McDANIEL: That's math. And so, necessarily, somebody -- I see Amy's grabbing her calculator, so she'll correct me if I'm wrong. And that was no interest expense associated and so on and so forth. But, necessarily, it will only go down from there if we're successful in ascertaining that there's Conservation Collier value that the settlement amount comes down. And then if there are other folks -- I know we had a gentleman that spoke, Dan -- I don't know where he's at. He was here before. Other communities that are in proximity that can benefit from this via the LASIP program, which is the drainage process in Lely. April 25, 2023 Page 171 Was I fairly close? Okay. I got the thumbs up. I was fairly close. So the worst-case scenario, it's a $212-a-year exposure that gets reduced as and if Conservation Collier comes in and as and if a greater benefit area is determined, then we can defray that expense. CHAIRMAN LoCASTRO: I've got a question, though, for the County Attorney, and then we'll proceed, unless there's other questions. So before the mediation, one of the fears, one of the options that was on the table is this current golf course owner didn't want to have a golf course anymore, and so one of the options was could he build houses, could he build apartments, and -- or what have you. That's still a possible option, correct? I mean, that didn't get thrown away and it's this or nothing, correct? MR. KLATZKOW: This is a possibility for the future, yes. CHAIRMAN LoCASTRO: Right. Okay. So I just want citizens to know that. I mean, I really -- I really salute the team that got in a room and tried to come up -- and then mediated very successfully an alternative option to that. But a real option that's still on the table is if this totally fell through and we didn't allow it to continue looking into it as a possibility and bringing us back something with a little bit more meat on the bone, that option always sits out there that that land could be developed. And, granted, there's a lot of moving parts with it, but it's not -- it's not undevelopable -- for lack of a better term -- land, correct? MR. KLATZKOW: We're running out of land, so stuff that used to never be looked at is being developed as we speak. And I have no doubt that in the long term this golf course will get developed into something unless a community wants to buy it. CHAIRMAN LoCASTRO: This possibility, then, it preserves that land so, basically, the investment that would be being made by April 25, 2023 Page 172 this community or a much larger community would trump a large development that definitely could go on that property, correct. MR. KLATZKOW: In the long term, yes. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: It could be DeSantis. CHAIRMAN LoCASTRO: What's what? Oh, DeSantis. No, I didn't mean President Trump, but -- okay. Let's proceed. Yeah, I think everybody knows what the word "trump" means. MS. PATTERSON: Speakers. CHAIRMAN LoCASTRO: Yeah. Do we have anybody from the county staff that has anything else to add, or did we do -- did we sort of package it well? MS. PATTERSON: Jeff and I are the two, and we'll continue with -- as you hear the speakers, and if there's questions about the stormwater aspects, Conservation Collier, any of those things -- we do have the legal teams from both Riviera and from the golf course ownership here in the room as well. CHAIRMAN LoCASTRO: Mr. Miller, how many speakers do we have signed up? MR. MILLER: We have 16 registered speakers for this item, sir. CHAIRMAN LoCASTRO: Go ahead, sir. MR. MILLER: I was just going to ask the speakers, please queue up two at a time, one at each speaker [sic]. I'll call two names so we can move through this expeditiously. CHAIRMAN LoCASTRO: And if you hear somebody say something that you were going to say almost verbatim, you can always just raise your hand and say, "already said," and then move on. But, you know, no pressure at all. We're here to hear from public speakers. But you do have that option so that you don't come up and say, well, somebody just stole my thunder. Then you don't April 25, 2023 Page 173 have to say that if you choose not to. Okay. Mr. Miller. MR. MILLER: One final reminder to speakers, please start your comments by stating your name. Our first speaker will be Tricia Campbell, and she will be followed by Alan Carpenter. MS. CAMPBELL: Me again. Tricia Campbell, president, Riviera Golf Estates Homeowners Association. We, as the board of directors for Riviera Golf Estates, have a fiduciary responsibility to abide by our governing documents and to make the right decisions for the health, wealth, and safety of our community. At March 20th board meeting, the board secretary, Alan Carpenter, and I informed the residents that we were invited to the April 17th Bert Harris mediation between Riviera Golf Course and county officials. The observation turned into participation. After 15 rounds of discussion, the solution to the settlement was brought to the table to form the independent special district. Again, as I said before, we, as a board of directors for Riviera Golf Estates, have a fiduciary responsibility for the health, wealth, and safety of our community. With that being said, the Riviera board of directors feels that this settlement is in the best -- is the best option for Riviera Golf Estates and our surrounding neighbors. Is it without concern? No, it is not. Is it without questions? No, it is not. But the land will be -- will not be developed. Free of excess traffic, free of excess noise, free of years of disruption, and the land will be free of work trucks and the unknown. Our community and our surrounding neighbors will have the peaceful area that we have had since 1973. Thank you. April 25, 2023 Page 174 MR. MILLER: Your next speaker is Alan Carpenter. He will be followed by Richard New. Mr. Carpenter's been ceded additional minutes from David Bartos. Can you raise your hand, sir? (Raises hand.) MR. MILLER: Also Phyllis Bartos. (Raises hand.) MR. MILLER: And George Danz. (Raises hand.) MR. MILLER: So Mr. Carpenter will have a total of 12 minutes. MR. CARPENTER: I won't take 12 minutes. But I did want to say in more detail what the basis of our support was in the community, which Patricia Campbell, our president, discussed, why we support this agreement, in principle, the framework of it, and, of course, what the details are going to be downstream. We know this is just an agreement in principle or an agreement with many conditions, but the devil is in the detail, and there's a lot of work to be done still, and we are dedicated to work with county staff in accomplishing that. I think Tricia mentioned that we think this is the best outcome for the community. As many of you know, we've been involved in this discussion with the landowner for, oh, probably 15, 20 years now overall and more intensely over the last five to six years. I want to acknowledge a few people before we move on. I want to acknowledge the fact that we've had a lot of input. Our board of directors relies heavily on community feedback. We have formed a working group. Our golf course work group consists of many long-time residents of the community who understand some of the issues and challenges both in terms of the stormwater issues we've April 25, 2023 Page 175 been facing over years as well as the threat to the development and the loss of peace and quiet in our neighborhood. The directors themselves who are volunteers -- I think I can appreciate more what you-all do as public servants having been on a board for several years now. We do our best to try to represent the majority opinion. We don't always please everybody. We rely upon our HOA members to give us feedback. We regularly poll them, provide opportunities for input at board meetings. We allow open dialogue at every board meeting, which are held at least monthly. And, of course, our attorneys, Katherine [sic] Berkey from Becker, and also Michael, who will speak today -- Michael Whitt, who will speak today from Hahn Loeser. I would like to also thank Collier staff and the legal group for allowing us the opportunity to participate and also to the La Minnesota representatives and Attorney Yovanovich who allowed us to participate in the discussion because we know this is a very difficult problem. There are at least three parties of interest here: The landowner, the county, and our community. And it's hard enough to negotiate a two-way agreement, never mind a three-way agreement. As Tricia mentioned, we have a fiduciary duty to do what's in the best interest of our community. As you all know -- and I won't spend a lot of time on this -- but we had a lot of turnout at our -- these intent-to-convert stakeholder meetings which took place last year and is associated with the intent-to-convert outreach. Over 500 residents turned out to these meetings. At times they were a little tumultuous only because people were crammed into a small facility at the first meeting; frankly, it ended up being canceled because we exceeded the capacity of the venue. In any case, there was uniform agreement expressed at these April 25, 2023 Page 176 meetings that we're all concerned about the future of the floodplain and the drainage system as well as the peace and quiet and how -- how it could be developed within our own community. If you've ever been out to the property -- and I know Commissioners Kowal and LoCastro have been out there, you can see there's only one real road in there, and it's a -- it's a 25-mile-an-hour road. It's difficult. So it would be a difficult place to develop. On the other hand, we don't discount the possibilities that it could be developed with enough engineering skills that exist today. In fact, that opportunity still exists. We conducted a survey of residents, and I say this only to validate what our board's position is. We took a survey of our residents as recently as six months ago, and we asked them who would you like to ultimately control future of this land, and virtually -- 60 percent of the people said Riviera, and -- well, that's in the context of us not even owning the land. That's a pretty bold position to take. The other 25 percent, which was the county itself -- and I think -- amongst those 85 percent of everyone felt at that point that it was an opportunity for the county and the association to work a solution. That same questionnaire, which was taken, showed that 90 percent of respondents supported the concept of Riviera trying to negotiate to acquire the property. The landowner did offer the property to us at $6.5 million, which is beyond the reach of us alone, realistically, both from a credit point of view as well as an assessment point of view. That is why we believe that the current proposal and opportunity of collaborating with the county and the current landowner to try to develop a solution based upon the settlement agreement -- our board voted 6-0. One of us was out of the town on April 25, 2023 Page 177 a cruise; couldn't participate. We feel strongly this that is the best resolution of this very difficult problem. Our rationale is that it decreases -- it could decrease property values if it were developed because of the proximity of the golf course to the backyards of all the residents as well as the traffic which goes through very small roads, and that affects everybody. The dirt and the, you know, trucking that would have to be done to raise up the land, which is Flood Zone AE/AH, would have to be -- you know, several feet of dirt have to be brought in. And there's a lot of noise and avoidance of difficult construction phase. The other concern, of course, is that a development might involve a non-age-restricted community within our age-restricted community. School buses. Other types of activities that wouldn't allow our community members to continue to enjoy the freedom they have every morning to walk their dogs, to ride their bikes and so forth. So there's a lot of loss in intangibles which come about as a result of development. Of course, the $5.8 million is a lot to people who are in a somewhat-modest community in terms of income, and some are on fixed income. But it is much less than the Bert Harris claim which was made. So, indeed, it is a reasonable compromise given the different interests that are involved here. There's avoidance of continued and significant increases that come about by a settlement, which, frankly, would be through assessments on our HOA members, because if we continue legal avenues, they'll be paying for it and that, of course, will come directly out of our assessments. We look for a resolution of long-term issues we have faced with stormwater. South Florida Water Management District currently has a noncompliance order, wants this system brought into its specification based upon the original permits issued in 1978, and we April 25, 2023 Page 178 feel that working with the county is the best avenue for that to occur. We're not going to have our over-55 residents going out there digging swales and cleaning up the drain pipes, right? We know the expertise exists within the county. That's why we look forward to this partnership. Of course, we like the quiet enjoyment. We see a lot of beautiful animals. Some of them endangered or threatened, such as the Big Cypress foxtail [sic] squirrel, bald eagles -- you know, it's a beautiful place -- limpkins. Can't name them all. There's a lot of beautiful wildlife. And, of course, the settlement agreement really is a fair balance in our view, that is our board's view, based upon the interests of our community and the feedback we've gotten from them through our continued communications with them that this is a reasonable outcome both for the landowner to recoup and perhaps make a gain on this -- a modest game, perhaps, but a gain on the land they've held for many years; that it avoids litigation, which is good for the county and for us; and, finally, it gives Riviera and our adjacent communities opportunities to preserve the stormwater and maintain it over a long period of time along with the floodplain and open space. So we want to thank the county staff and the legal department for having proposed what we think is an actual win-win-win solution for repurposing not only our golf course property but also those perhaps of other communities who are facing similar challenges. It's not without some concerns or unknowns, let me put it that way. The boundaries of the district have to be finalized. There needs to be discussion about whether there is public use or only use by those within the district. We need to understand what the duration of the special unit will be. Is it in perpetuity? Is it until it's paid up? Who's the titleholder to the property during that period, whether it's 15 years or 40 years? April 25, 2023 Page 179 Who has management authority and responsibilities? I expect that you-all have expertise in this, but we're babes in the woods, so we look forward to learning more about how this works. And, of course, the site improvement process -- because I know a lot of people would like to use this for recreational purposes and what is going to be an allowed use, what isn't going to be an allowed use. Tax assessments we hope will be in proportion to benefits, as mentioned earlier, by Attorney Klatzkow. I think it's important that people who have the greatest benefits are bearing the greater burden and that those who feel that their benefits are lesser, that they will not be shortchanged. And, finally, we look forward to collaboration on finding additional sources of funding. Collier Conservation, Brazilian Florida, and other opportunities may present themselves as a means of deferring some of the cost of this. Thank you very much. MR. MILLER: Your next speaker is Richard New. He be followed by Linda L. Pulver. MR. NEW: Good afternoon, Commissioners. Richard New, 961 Charlemagne Boulevard in Naples. I, along with my wife, came into this community just about two years ago. And, you know, if you work your whole life, quality of life for what you have remaining is really an important thing. And we landed just about the time that this thing was really firing up again, and it has caused a lot of consternation and concern about the future. We love our neighborhood. We have bonded with neighbors like we never have before. We love walking through the neighborhood. Shortly after we joined, I found out that there was a Wednesday morning golf outing with a men's group, and we enjoyed April 25, 2023 Page 180 golfing on that golf course. Wow, what an amazing environment that we have had. It is the quality of life that anyone would enjoy. And as we have gone through this journey, attended the different meetings, the public hearings of what was transpiring, we have had a level of anxiety with the possibility of that golf course being desecrated and dedicated to a large population increase. So I'm personally grateful for the work that is being done here, that we are taking positive steps forward to secure that property, and I am grateful that this pathway forward is a coalition including our county Board of Commissioners that are making this a possibility. I strongly recommend that the district be broadened in order to share the costs equitably as much as possible. And my fondest hope would be that there will be a way to reopen the golf course for public use, whether the -- as in Lee County's example, whether there would be some participation by the county to help open up that golf course and use it as a revenue-producing unit. So thank you again for the time and the opportunity to express my opinion, and I just commend you. I am really hopeful that this will go forward. Thank you. MR. MILLER: Your next speaker is Linda L. Pulver. She'll be followed by Kimber Perala. MS. PULVER: Thank you, Commissioner LoCastro, for allowing me to speak here today. I am speaking in -- asking you to not let this move forward today. And the reason I'm doing this is I read the agreement. I listened to what you said. I've listened to what you said, sir. There's certain things in there that don't jibe for me. It says, Collier County -- Collier County will purchase this property -- it says this in the agreement -- including incurred -- we, the community, will be paying for the property including closing and current ad valorem and non-ad valorem taxes. That's what's in the agreement. April 25, 2023 Page 181 It's in the agreement that RGE will ultimately be responsible for future and all maintenance of the property. How much is that maintenance going to be? What's the property going to be used for? This is an unknown amount. Many in our community live on a fixed income. This could become a burden of an unknown amount of money. I heard your $212, sir. That's not the figure I came up with when you divide out the money. If you add interest, if you add taxes, if you add closing costs, then you add maintenance on top of that, that's not going to be $212. Yes, it would be nice if this could be expanded and Collier Conservation would be involved, but this -- twice the community voted no on the purchase of a golf course; two-thirds of the majority said no. They said no to a 51 percent approval for this. If the commissioners approve the agreement as it is written, as I have read it, you will be circumventing the homeowners' right to vote for our -- per our covenants. That's not right. In closing, I want to thank you for your time. I want to thank the board of directors for their time. But I think it's time that everybody took a step back and need to have more details on this before you move forward. So I'm asking you to not move forward till those details are known. Thank you. CHAIRMAN LoCASTRO: Ma'am, I appreciate that. I just want to clarify something. You know, just out of respect for your comments, do you realize that everything that you said has 100 percent merit, and by moving forward we would get those answers? We wouldn't be approving this agreement today with all those unknowns. I just wanted to sort of clarify that, because I respect so much what you've said, but I want to make sure that you understand we're not voting -- we're not voting April 25, 2023 Page 182 on anything that you just said. We're voting to try to get those details to make a possible vote. And so I agree with you; I've got those same questions. And if we -- if we voted to move forward here, those answers would come back to us. And if we all hated those answers, then nothing -- I mean, am I wrong, County Attorney? Am I summarizing something incorrectly? MR. KLATZKOW: No, you're absolutely correct, sir. CHAIRMAN LoCASTRO: Okay. So I just wanted to clarify that. MS. PULVER: There's a 60-day time limit on that agreement. CHAIRMAN LoCASTRO: Right. MS. PULVER: And is 60 days fast for the county? CHAIRMAN LoCASTRO: Thank you. COMMISSIONER SAUNDERS: That's light speed. CHAIRMAN LoCASTRO: Yeah, really. MR. MILLER: Before we move to our next speaker, one more reminder. Please, silence your cell phones. Your next speaker is Kimber Perala. She'll be followed by Marianne Herndon. MS. PERALA: Hi. I'm Kimber Perala. Thank you for the opportunity. I live at 109 Bell Isle Circle, and I'm a board member of Riviera Golf Estates. And the opportunity that's being presented is an opportunity for us to have a voice in saving this land. It's terrific. We are retired. We're on fixed incomes. We bought our home five years ago, but we've been engaged in this community for 15 years. And when I say "engaged," I mean we volunteer, we attend board meetings, we read the updates, we attend the social events and do a lot more. April 25, 2023 Page 183 The small minority group of residents that you are now being bombarded hearing from are uninvolved and misinformed. They don't get educated on the issues, and they need to be more informed about how important this golf course land is to our community. Rain is a given, hurricanes are possibilities, but this golf course land was planned and developed not just for golf but also serves as our floodplain. When in well-kept condition, it absorbed much of our flooding, especially during Irma. I saw that. Today, without proper maintenance, even during a regular rainstorm, our roads, our yards, our driveways are all flooding. If this land is raised and developed, there is no doubt that our community will flood, our home values will fall, our insurance costs will rise, and those costs are huge. What this small minority is complaining about is money, and we get that, but the majority of us understand this opportunity to work with the county is brilliant. We will have a voice in its maintenance and its use. We are committed to preserving this area for recreation. We're committed to keeping the floodplain clean and operational. We bought in a golf course community because we thought that would be fun, and it has been fun. We're on the sixth green. And the development plan as presented gives me a pond in my backyard. That's not so bad for me. I'm one of the luckier ones. So I am not selfishly fighting for my own view and my own best interests, but I'm fighting for the best interests of my entire community and my neighbors. This possible sentiment is so beneficial to RGE, and it has the board's full support. Thank you. MR. MILLER: Your next speaker is Marianne Herndon. She'll be followed by Peter Osinski. MS. HERNDON: Good afternoon, Board members. For the record, my name is Marianne Herndon. I am a member of the April 25, 2023 Page 184 Riviera Golf Estates Homeowner Association, and I will be affected by a 12A decision. The homeowners association board of directors of Riviera Golf Estates has taken it upon themselves to speak for 690 homeowners, senior citizens, without conversations or vote. This board assumes that they speak for us and, yet, they have not consulted with us. This is in no way a community decision. This is a Board decision. If this settlement was to happen, it would greatly impact senior citizens who live in the 55-and-older community. In the current state of our economy, many of our residents cannot afford to take on extra payments. This would force many senior citizens to sell the retirement home that they planned to live in until they died to have a -- and have a tax bill affecting the sale of their home. I believe the county should be responsible for finding out if these individual homeowners really want a voluntary taxing district, or is this just the wish of an HOA board. I believe this settlement mediation proposal should be tabled until the community affected works through it and our board can prove that they have the votes backing them. We have those that are for it and those that are against it in our neighborhood, and it should be held to a vote before the RGE board of directors can speak on our behalves. The homeowners were not made aware of this settlement until this last weekend and have had no time to find out answers to our questions. Our HOA board wanted control of this golf course for many years. They lost the vote to purchase at two million five years ago. They believe that they have found a loophole to make this offer to the county without the permission and vote of the homeowners. Our board is dug into this position and will not allow discussion out of their narrative. April 25, 2023 Page 185 Please help those who can't afford this to at least have a voice. I have documentation validating my claims, if necessary. The way our HOA board has handled this might be considered financial elder abuse. By putting our community under this time constraint and not getting a community-wide consensus through votes, they have forced us to ask for the mercy of this board to stop this until it comes to a vote in our own community. Thank you, gentlemen, for your time. MR. MILLER: Your next speaker is Peter Osinski. He'll be followed by Debbie McDowell. Mr. Osinski's been ceded three additional minutes from Peter -- is this Ciarcin? MR. CIARCIA: Rick Ciarcia. MR. MILLER: Right there. You'll have a total of six minutes, sir, and you will be followed by Debbie McDowell. MR. OSINSKI: Thank you. Good afternoon, Commissioners. Before I say anything, I want to point out that I was a volunteer at the US Open last week, and I was glad to see some of you guys come by. It was a really beautiful event. And I can see by what you're doing with resurfacing some of the courts you're investing in a really worthy investment in the county, and I thank you. I am a member of the golf course study group and have been wrestling with this on and off for a long time. And just to get some perspective into how this happened, when our representatives last Monday, a week ago yesterday, went to the Bert Harris mediation meeting regarding the golf course property, they were confronted with the realization that the property's fate was going to be settled that day, there and then. With that realization, there was a whole day of negotiation back April 25, 2023 Page 186 and forth. And given the fast-evolving circumstances of that day, we believe that we put into motion the basis for the best possible future for the property. And I have to say that this probably wasn't something created on that day in people's minds. I appreciate at least my belief that this kind of creative solution was kind of crafted beforehand, and I appreciate that the people in the county had our backs in starting to put this structure together. In particular, because the county is fronting the purchase price that we could never have secured a loan for, and it's diffusing the payment and ongoing cost through a special taxation and management entity, we now have a way to purchase the property and ensure a wonderful, secure, and serene future for RGE and its residents, and that is really, really the case. But as Alan said, the devil is in the details. And since the announcement of the proposed settlement was made just a few days ago, we've seen many of our residents raise questions and voice doubts about this proposed arrangement. And given the limited information that's been put out so far, I can't help but understand the fear and the skepticism that some of them are experiencing, what I've just heard already, and you'll probably hear more of. For example, my reading of it is, according to the text of the settlement, the county will be -- will be reimbursed for its $5.8 million purchase price by establishing a special tax district, and once paid off, the property will be owned by a special -- independent special district, not RGE. Wow. Now, that may be a really good situation; we just don't understand it yet. It may be like, well, instead of buying your car personally, purchase it -- lease it through your company, but we don't know that yet. We don't understand the nature of this ISD and whether or not it will work for us. April 25, 2023 Page 187 And along with being the vehicle to purchase the property, the ISD will exist to effectuate the public benefits derived from its public ownership. So if I read this -- maybe too quickly -- but if I read this, so the residents who are on the property record will pay for the property but not technically own it, and then will they have to pay for its upkeep benefiting the public going forward? I'm sure these questions are going to be addressed and answered very well, but these are the kinds of things you get from a first reading of a text like this. And if the property provides public benefits derived from its public ownership, how much investment and infrastructure and amenities can we expect from Collier County going forward, or will it be the sole burden of the ISD? Again, questions that need to be looked at and answered going forward. But in the final analysis, this settlement is averting a disaster for us. The disaster would have been development, high-density development, the loss of our floodplain and some other quality-of-life issues beyond survival. So I highly support your attitude that this is just the beginning of a long conversation and a long exploration into how this thing might work and how it might benefit. But I thank you very much for starting the bones of this, and I really look forward to it not only be a wonderful vehicle for us going forward, but it may even be a template for how to deal with golf course conversions in the future. Thank you. MR. MILLER: Your next speaker is Debbie McDowell. She'll be followed by Hans Johnson. MS. McDOWELL: Good afternoon, Commissioners. My name is Debbie McDowell. I reside in Riviera Golf Estates. Most of my questions have already been answered. I just have two items I would like to address. And the first is, you, April 25, 2023 Page 188 Commissioner LoCastro, you, Commissioner Kowal, and the attorney all mentioned the word "vote," and that is my problem. There has not been or mentioned a community vote. This has been done behind our backs. We would like a community vote like before, and the majority -- that's not too much to ask -- the majority of the votes, according to our covenants, would be the proper way to handle this. And the other thing I have is the cost of the maintenance. And I know you said that we have to address that, but I need -- and so many of my neighbors need to know exactly how much this is going to cost us on a maintenance level, because I think that the figures you're coming up with for the property tax yearly is not the problem. It's the fear of all of this maintenance, especially what we just went through with the pool in our development. It was a lot more than we had anticipated. That's all. Thank you for your time. MR. MILLER: Your next speaker is Hans Johnson. He'll be followed by Ruth Ellen Fiedler. MR. JOHNSON: Good afternoon. Hans Johnson, 154 Versailles in Riviera Golf Estates. One of the entities proposed in the document is an MSBU. The county has a great pamphlet on how this is to be done. There are seven steps, but the mediated settlement agreement appears to skip the first six and goes right to your approval. If someone wants to establish an MSBU or similar entity, then the procedures that the county has outlined in this pamphlet should be followed. I long advocated that the Riviera Golf Course become a Conservation Collier property. Now that the owner has indicated his willingness to sell, is it possible to restructure this agreement to do that -- to do just that over of time, as a Conservation Collier property? The stormwater issue would be addressed, and the property would be April 25, 2023 Page 189 available for passive reaction. Thank you. MR. MILLER: Your next speaker is Ruth Ellen Fiedler. She'll be followed by William Cannon. MS. FIEDLER: Good afternoon, Commissioners. My name's Ruth Ellen Fiedler. Some of you know me as Ellen. I live at 522 Charlemagne Boulevard. And I moved down here from New Jersey, in case you couldn't tell from the accent, nine years ago. I moved here because I felt like Naples felt like home. I looked through a lot of different communities. I chose Riviera Golf Estates because I suffer from PTSD and severe claustrophobia. That community felt open. We have double-wide roads. We've got the golf course, and so I always felt kind of at ease there. When I first moved down here, I couldn't get over the amount of rain; I was shocked. And the water flowed through the swale. The following year, it still flowed, but it was a little bit wider. And then came Irma, 2017, where we had a deluge of water in August, saturating the property. And so often the golf course did look like a -- like a lake. So come Irma, I evacuated. I went home -- I went up to Georgia. And I got a text from my neighbor; he said that he would go try to take a look and see how my house was the next day. He texted me back. He could not get to my house because the water from the golf course and the overflowing swale had met up with the road -- because I have a storm drain next to my house -- had met up with overflowing storm drain in the middle of my house. FEMA came in, two foot of water. My house caved in. It was totaled. I was a year homeless, which only brought my PTSD on a little bit worse, making things not easy. Now I have a new house. Yay me. And I am FEMA spec. April 25, 2023 Page 190 Yay for me, but I also have a mortgage, which I didn't have before. And I am concerned that if we do not do something like -- about this, the next catastrophe of a hurricane or a serious -- even four inches of rain like we had the other day where Marseille was flooded. I am afraid if we don't do something about this, hundreds of homes are going to be lost the next time around. And because of that, I think that it could very well destroy Riviera Golf Estates as we know it, especially if we have a development behind us. So be the heroes. Save this community. And whoever decided to do this, you're brilliant. Thank you. MR. MILLER: Your next speaker is William Cannon. He'll be followed by Carole Donovan. MR. CANNON: Good afternoon, gentlemen. My name's William Cannon. I live 169 Fleur de lis Lane, Riviera Golf Estates. I first became involved in the difference between Riviera and the golf course owners in 2006 when I bought my house. That was 17 years ago. I've been involved in every one of the actions we have tried to take to resolve the differences between the owners of the golf course and Riviera Golf Estates Homeowners Association. We had many -- many attempts to find a solution that's satisfactory to all involved parties. This recommendation today seems to me to be the best solution I've ever seen of getting all three parties to have an ability to say "I like it." And I do like it, and I thank you very much. MR. MILLER: Your next speaker is Carole Donovan, and she'll be followed by your final speaker, Attorney Michael Whitt. MS. DONOVAN: Hi, guys. Carole Donovan. Of course, I live in Riviera Golf Estates, and I'm the second generation to fight this fight over this golf course. My parents are now in their late 80s, April 25, 2023 Page 191 and they can't always get here. But they started with this -- they were heavily involved back in the early 2000s -- and I've been involved since 2017 on this fight. I just want to give you a little bit of background. For fun, I worked at the Riviera Golf Club a couple days a week the last two years that it was open. It was really fun to work there. Everybody loved golfing there, and they were very sad when it closed. For the last two years, I've been part of the golf course working group, so I'm very clear about how we got here today. Although the community did not realize -- it was a surprise to all of us, but -- and that's why the social media pages blew up, and nobody knows really what was going on. And I was also on the Board when we put it to a vote to our community back in 2017 and '18. And in our community, you have to win by, I think it's 67 percent, and we only lost by 50 votes. So the majority of our community back then wanted us to buy the golf course, because we all want to decide what goes on in our community, right? So I just want to tell you I support this first step. I think it's a win-win for all sides. And I hope that you -- that we all come to the details that continue to make it feel like it's a win-win for everybody, including our community, because I think there are so many people that have so many questions that they don't feel like it's anything that's going to work for them. But I just think it's something that needs to be cleared up in all the details that we will work on as we move forward. So, in closing, I just want to say, as I've gotten older, and especially now that we're retired, that word "peace" means so much to us. And we want to continue to live in peace in our neighborhood, and having it developed would eradicate any peaceful feeling. So I really commend everybody for working this through, April 25, 2023 Page 192 and I think it's a really great idea. Thank you. MR. MILLER: Your final public comment is from Attorney Michael Whitt. MR. WHITT: Good afternoon, Chairman, Commissioners. I appreciate the opportunity to speak. I represented Riviera in the mediation. I want to thank the county for the opportunity to appear and have Riviera Golf Estates be present. And I think the result of that was a very creative resolution of this that brought in probably, perhaps, the most important stakeholder other than the golf course owner who's going to be bought out. It resolves the Bert Harris Claim, which alleviates any potential burden on taxpayers and the county, and allows Riviera Golf Estates really two big benefits, and that is preserving property values in the community without having to have the specter of future development and also to gain some control through this independent special district of the future of that property. I want to address just a couple of the concerns that I heard where people felt that they were kind of hoodwinked and this just fell out of the sky on them. The mediation process is governed by Florida Statutes Chapter 44 that provides that that process, the discussions, and the agreement are all confidential, and the board agreed to that term of confidentiality and the board, by law, could not "spill the beans" to the residents. The representatives of the board could talk to other board members but could not just get this out to the membership without violating Florida law until such time as the agenda came out from the county to have this heard by the County Commission today. And that's when the board immediately took steps to notify the residents in the community. So I just wanted to make that clear. April 25, 2023 Page 193 Another issue that's come up that I want to address -- and I think it addresses some concerns of the residents but also I really think kind of the practical concern that this board has that I heard when I was here opposing the -- what's the word I'm looking for? -- rescinding of the intent-to-convert ordinance a couple of weeks ago, and that is the county has the opportunity to resolve this Bert Harris claim on its own. It did not need to invite Riviera Golf Estates to the mediation. It did, and we're thankful that you did. But the county could take steps like this and, in essence, impose things upon not only Riviera but others in this area by setting up some type of district, take control of this property, get this property, and tax you-all anyway. So -- now, the county could do that. Would the county do that? Maybe not, because you have these residents that, you know, you also care about and look out for. I believe, as part of this ongoing process -- if I could have just -- CHAIRMAN LoCASTRO: Take your time. MR. WHITT: Okay, thank you. As part of this process, I think the Board, your Board of Commissioners, are going to want to know that the majority of the residents are behind it. As we work with the county to produce an ordinance to come before you-all to create this district, there is a lot we have to cover. There's going to be a lot of details in there. We knew that as we negotiated and as we brought this before you-all today. And those that say, hey, we haven't had a voice in this, my understanding from the Board is -- CHAIRMAN LoCASTRO: Sir, remember you're talking to us. MR. WHITT: Yeah, I'm sorry. My understanding -- yeah, they have the same concern that it's just going to be a board vote; that the board, indeed, will take this to the membership, which I think, April 25, 2023 Page 194 then, also will -- yeah, will obviate some concerns that you-all have, is this just, you know, five or seven people on a board that are pushing this through, or do we have the majority of the owners in Riviera behind this. So one last -- one last point. One of the provisions in this -- I believe it's Paragraph 7 of the mediated settlement agreement -- is very, very important, and I believe it's time sensitive for the county and for Riviera Golf Estates and surrounding communities, and that is the state of the water management system basically served by this golf course. It's not in good shape, and as part of this mediated settlement agreement, the golf course owner -- once approved and signed by all the parties, the golf course owner will provide a license to the county to go in and start these much-needed repairs. So we're fast approaching rainy season, and I would ask, on behalf of Riviera Golf Estates, that the Board vote to approve the mediated settlement agreement. Thank you, and thank you for the extra time. CHAIRMAN LoCASTRO: Thank you. Mr. Klatzkow, I've got a question for you. You know, one thing I always -- and, obviously, I expect the other commissioners do, too. One thing I always get concerned about is precedent, because there will be people watching this and say, gosh, what a great idea. The county should come in and buy our land. They should buy our property. They should buy our golf course. They should -- you know, we don't want that big condo development, so why doesn't the county just come in and buy it? Before we give all the -- you know, I really appreciated this lady clapping and saying, wow, what a great idea. But before we pat all the attorneys on the back and give them credit, correct me if I'm wrong, Mr. Klatzkow, if this landowner didn't entertain the idea to sell this property, if the landowner said, I'm not interested in that, I April 25, 2023 Page 195 want to build my houses and I want to push -- I want to go to the max level -- and it doesn't mean it would be automatic approval because we all know there was a lot of moving points -- or parts, but if the landowner wasn't open to entertaining this, then it would have been dead in the water; is that true? Right? I mean, you needed the landowner to be able to be open to this, correct? MR. KLATZKOW: Yes. CHAIRMAN LoCASTRO: Yeah. And I want people to understand that, because it doesn't really matter to the folks in here, because you're the benefit of this possibility, but there's a lot of people that are sitting on very similar circumstances where the landowner doesn't want to go into mediation. So the one person that -- whoever that person is that should be, I don't want to say thanked or cheered or anything, but the uniqueness in this property is all parties came together and agreed to entertain this option, and that's not the case in all communities. So that is a big difference here. So I just wanted to make that clear. Having said that, here we go. Commissioner Hall, and then Commissioner McDaniel. COMMISSIONER HALL: Thank you, Chair. First of all, I want you to know I understand exactly why we're here. I understand that this whole process is to benefit you people. I love the creativity of the deal. But as the county, I realize the only reason -- the only reason why we are involved in this -- in this thing at all is because of the Bert Harris Claim. And if the Bert Harris Claim wasn't there, I wouldn't want any part of this. This would be between the landowner and your group. And my thoughts are, the landowner has really no claim -- valid claim that I can see -- and I'm no crackerjack attorney, but I've got great common sense, and I've been down this road before. There is no case that he really has a great chance of winning against the April 25, 2023 Page 196 county. This is an escape route for him that involved us, and then we can benefit you. It puts a tax -- it puts a burden on people that may not really give a rip about -- you know, they just may be in the area. They may not be in the floodplain, or they may -- you know, they may be, you know, so-called beneficiaries of the deal, but they don't want to participate financially in it. They don't have a dog in the hunt, so to speak. The landowner -- if we said no to this -- and I'm not saying I'm saying no. I'm just saying -- I'm just bringing up things that I've thought about. If we just said no, then the landowner would have to take us to court. If he wins, he wins. If he doesn't, then he's going to -- to do anything with it, he has to apply for rezoning. If he gets the zoning, he can do what he needs to do. If he doesn't get the zoning, then he's going to sell. He's going to be looking for Conservation Collier. He's going to be talking to you people. The value of that property is going to go (indicating) because he now doesn't have an exit strategy. If Conservation Collier gets in, I think that's a great -- you know, that's a great option. I don't know the details of that, but there's tax money that's available for that -- for that purpose. I think knowing that if we go forward with this with today that we're not bound by anything; we've got 60 days to answer some questions, find out how much it would be for the people, find out the maintenance. I certainly -- if we do this, I just want to be the bank. I do not want be to involved in mowing grass, maintenance, doing anything like that on the taxpayers' money. This would be just a financing agreement that we would put ourselves into a position for. Mention of a golf course by the county; there's reasons why that golf course isn't -- there again, it's not there today. It's a profitable thing. I probably wouldn't be a -- I wouldn't be a proponent of April 25, 2023 Page 197 getting involved in that. I said before I wouldn't want to be any part of maintenance or benefits or management. I just want to be the bank. And the comment about the template, that's really the main thing I'm concerned about, because landowners that can't get their way with zoning, then all of a sudden, the county's their exit strategy and the taxpayers. I can take my money and run and don't have anything to worry about. So those are just some of my thoughts, okay. I just wanted to say them out loud. I could probably be comfortable with moving forward knowing that we're not bound by anything, that we have 60 days to get some real answers done. And I don't like the fact that the landowner has an escape route on the backs of the taxpayers. I just -- I don't like that. But if it is -- if it is that, then it is that. So with that I'm finished. CHAIRMAN LoCASTRO: Commissioner McDaniel and then, Commissioner Saunders, you're next, sir. COMMISSIONER McDANIEL: I agree with Commissioner Hall. I don't have any interest in running a golf course. I don't have any interest in burdening the taxpayers of all of Collier County. We talked about this at the beginning. And, I mean, at the end of the day, we're going to start with the exposure here being borne by the folks in Riviera. If we can defer that expense, with this information we're going to accumulate in the next 60 days to -- a portion of it to Conservation Collier and a portion of it to the greater watershed that Riviera assists with, that -- totally fine with that. But I have no interest -- just saying it out loud. I have no interest in opening up/operating a golf course. It's a losing proposition, and we don't need to expose ourselves to that. I have an interest in being the bank. I told our friend George in the back that five years ago when we -- when this first adventure April 25, 2023 Page 198 started, right when I became a County Commissioners. So being the bank is an okay way for us to go. I do want to express a concern in that operating agreement or the settlement agreement. It's not a concern. It's just an acknowledgment. I read in there that the county, prior to finalization of the settlement agreement, is allowed a license to go perform maintenance and those things. If it's being done under a license, I'm okay with that. I'm assuming we're going to document those expenses and those will all -- because several of the folks that spoke in opposition expressed concerns about the unknown costs. There are going to be more costs than this $5.8 million settlement agreement. So -- assuming those are all being brought into the process, and the benefit associated with expensing those funds in advance is going to help with potential of the flooding that could, in fact, transpire through the upcoming rainy season. So I'm -- I like the transaction as it currently sits, and moving forward will give us a lot of answers to the questions that have been raised. CHAIRMAN LoCASTRO: Commissioner Saunders, and then Commissioner Kowal. COMMISSIONER SAUNDERS: Thank you. I'm going to kind of ramble here a little bit and kind of jump around. I've got some notes, and I want to kind of go through all of these. First of all, I do agree with what Commissioner Hall has said in terms of I don't want the county taxpayers to be in a position to be owning a piece of property and maintaining it under these circumstances. That doesn't mean I don't support the idea of moving forward with some type of a special taxing district or special assessment district to assist in the community acquiring the property and then assuming the responsibilities for maintenance. April 25, 2023 Page 199 So the woman who spoke about the costs, it will be more than just the cost of purchasing the property. There will be ongoing costs to the community. And so, you know, there's been talk about Conservation Collier coming in. I don't know how Conservation Collier gets involved. I don't know if that fits within the definition of properties that Conservation Collier purchases or gets involved in. That's a question for the County Attorney, and at some point I'll need some assurance that we're not violating some policy or ordinance dealing with the way we structured Conservation Collier, because that's a willing buyer -- a willing-seller concept, and it's kind of hard to, I guess, get -- have this fit into the willing seller coming to the county to have the county purchase their environmentally sensitive lands, and I just don't see how that fits, but maybe it does. So that's a big piece for me. My assumption is that this is not a Conservation Collier property; however, it is a piece of property that has some value for the general community for water management. So I can see how the county would be responsible for or participate in that aspect of the cost of maintaining that property, maintaining the water management aspects of it. But the weekly cutting of the grass and trimming of the trees and things of that nature, I don't see how that should be a county taxpayer responsibility. I would like to see some official polling of the members of that community through some, just, informal polling to make sure that more than 50 percent of that 690 homeowners -- more than 50 percent of them want to do this, because they're going to be assessed, and that's generally how we create assessment districts in communities. They come to us, and they say, the majority of us want this, and we do some polling or whatever we need to do to make that determination. And so I do want to see -- I do want to see that April 25, 2023 Page 200 happen. I will also say that there's been discussion about how the taxing district or benefit district will be more than just the 690 homes, but there are other beneficiaries around that because of the water management. Well, I don't particularly buy that. I don't want people outside of that community thinking that they're being assessed so that people in Riviera Golf Estates can have beautiful views, have open space. Granted, those people perhaps can come walk on that property but, really, the vast benefit of something like this goes to the Riviera Golf Estates owners. They have the water management benefit. They have the views. They have the open space. They have all of those benefits that people outside of that community don't have. The people outside of that community may have some small water management benefit, but I think that's going to be really small. I don't think that's going to benefit the Riviera Golf Estates in terms of reducing that -- the total cost. I don't want to see Collier County owning the property. I would rather, as Commissioner Hall has said, that we work as -- we serve as the bank. I don't have a problem with this interim financing to make this happen, but I'd want to see it paid back, and I'd want to see it paid back quickly, not a 30-year payment back to the county, but the homeowners association using that property as -- perhaps as collateral would have to find some way to develop some financing through that district to pay the county back. And so those are the kind of things that I'm going to be looking for. I certainly feel your pain in terms of, you know, nobody wants to have a bunch of houses out there, but, you know, that's -- that's the world we live in. And I'd like to see us help you with that, but I also don't want to see it become a burden on the taxpayers. I don't see it as a template for other golf courses. You know, take that on a April 25, 2023 Page 201 base-by-case basis. And then I will say, since I see Mr. Yovanovich sitting here, I'm not convinced either that this is a really stellar Bert Harris claim and, you know, I hate to -- I don't want to see us going to court over it, but I'm not so sure that -- I'm not in the position of wanting to move forward with this because I'm afraid that we're going to lose a Bert Harris claim. I don't think -- that's not my motivation, because I don't really think that that's in the cards. But what I do think is in the cards is that that -- there will be an application for a development, and there will be houses there if we don't move forward. So I want to help this community. But those are my concerns and kind of my conditions on moving forward. Thank you. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I'd like to say I agree with the majority of my colleagues up here on the dais on, you know, us being the bank and not using the burden on the extra taxpayers here in the county to take care of this property as if it's, you know, their burden. But that being said, I campaigned in your area. I was running six months ago before I took this job, and I can honestly say 90 percent of the people I spoke to in there, the first thing that came out of their mouth is, are you going to stop the buildings on the golf course? I can contest [sic] to that, because it was personally told to me. I was there at a forum, an open forum with candidates that I was competing against, and the largest question in the room, the most important question in that room out of 90 percent of the people that packed -- 100-something people sitting in there was, are you going to stop this building on our golf course? We want to know. And you asked every one of candidates that they -- how they felt and what they can do to help you, because you needed help. April 25, 2023 Page 202 I did a town hall meeting where I invited everybody, and I went to your community center, and we spoke about this, and at that community center and that town hall, there was a lot of ideas bounced around, different things and what to do. We talked about the Bert Harris lawsuit. And in that open forum I discussed and I gave ideas of possibly an MSTU, and your board -- and questions were asked, and we moved on, moved forward. Now we're to today. So we all agree, the biggest problem with your community is that nobody wanted anything built on that golf course. We can all agree on that. From what I saw, that definitely was the main problem. So that's your problem. As of right now, we're taking a step to possibly solving that problem, but if we don't take that step today, you have that problem. It doesn't change. This is an opportunity to take a step in this 100-mile journey, the one step, the first step everybody has to take. No matter how far you walk in life, you've got to take the first one, and today's that first step. So till we know what exactly you're going to be on the hook for -- we don't know that today. We don't know that today, until the staff does what they have to do, the attorney has to do what he has to do, and then when we come back -- and if you heard my opening statement -- because I know it was asked by a few people in here -- they want a vote. And I expressed this on the telephone yesterday -- telephone call yesterday. I want a vote, too, but I want to know exactly who's involved. Who's the stakeholders? I don't know if it's just the 690. I don't know that right now. We don't know that right now. So when we do find that out and when this comes to the 11th hour and it's before us, I want you, your HOA, and whoever else may be involved, at some point take a vote; we have a majority, and we want to move forward. Because we have an answer to your April 25, 2023 Page 203 problem, but we can't -- we can't get there unless we take that step today. So I just want to make that clear. Thank you. CHAIRMAN LoCASTRO: Thank you. COMMISSIONER SAUNDERS: Why don't you make the motion? CHAIRMAN LoCASTRO: Well -- COMMISSIONER KOWAL: I'd like to make a motion to move forward. CHAIRMAN LoCASTRO: Wait, wait. Do I get a say? Do I get a comment? I'm lit up over here. I'm lit up over here. Remember, the county doesn't buy anything; taxpayers do. If I lived in Lely, if I lived in Immokalee, if I lived in Golden Gate, I'm not sure I want my taxpayer dollars to save your golf course from being a condo. On the flip side, the good news is you have a very unique situation that other counties [sic] don't have. So I do agree that all the right people came together to include the current landowner, who is open to this. You know, the bottom line is, I'm always open to getting more information. So even the folks that came to the podium and said, oh, I totally hate this because there's a million unanswered questions, you know, I'll go back to what I said in the beginning, what we're about to vote on is to explore those answers. And if we all hate them, then, you know, we're no worse off than we were to begin with. So I'm for maybe taking a smaller bite of the apple. I don't want to make a leap and talk about being the bank or being the -- that may or may not be how I feel, but I think what we're voting on here is a much smaller piece, which is, do we want to get more information? Do we want to explore this as a possibility, and do we want to get the numbers? April 25, 2023 Page 204 I don't want to do a rush to judgment. And I think what we're voting on today is not doing a rush to judgment. Yeah, we're on a little bit of a timetable, but I mean, you know, that's common knowledge. I'll close by saying, before we make a motion, that when this was in my district as well, and I had town hall meetings, you-all tried to buy the golf course. I mean, so it wasn't like you didn't make an attempt to do it, so I'm a little bit perplexed when some folks think this is a horrible idea. I'm like, well, then I guess you also hated it when you were trying to use your own money to buy it. This is a much better possible option. And I got bombarded by the same things as Commissioner Kowal, which is, God, if we could think of any way to not build houses and build condos -- but, also, I'm a little concerned that there will be some people that hear this and think this is the solution anytime you don't want condos or houses in your backyard, and that's not the case. The uniqueness of this property is, the water piece that we talked about, the possible Conservation Collier -- although I agree with Commissioner Saunders, that might be a stretch. And I would also be concerned of expanding the amount of people who could share the load, because you start to force that on other folks. First of all, I think they would storm this room with pitchforks and lit torches and say, we have nothing to do with Riviera Golf Estates. Why are we picking up a piece of the pie? But we're not voting on any of that today. So having said that, I mean, I defer to Commissioner Kowal. This is his district, and, you know, I would like to second the motion, because we both sort of share RGE a bit. But, Commissioner Kowal, do you have a motion for us to move forward? April 25, 2023 Page 205 COMMISSIONER KOWAL: I'd like to make a motion to move in the way the agenda's written. CHAIRMAN LoCASTRO: Okay. I'll second that. So we have a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) Okay. It passes unanimously. We'll be back in this room many times. (Applause.) CHAIRMAN LoCASTRO: I will say, in addition, Tricia and Mr. Carpenter and the board members, utilize this time wisely. This is almost the exact same speech that was given to other communities here that had kind of similar things, whether it was Isles of Capri or, you know, the One Naples. I mean, I can historically point to different things. Use this time wisely to speak with your constituents, because when we come back in here, the more cohesion we have, and especially the more understanding you can, you know, impart on your citizens of your community, the better for us to be able to decide something, and I know you'll do that. Thank you. Okay. County Manager, what's next? MS. PATTERSON: Item 15, staff and commission general communications. Item #15A April 25, 2023 Page 206 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING Item 15A. Public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. CHAIRMAN LoCASTRO: Okay. We'll wait till the room clears and then -- MR. MILLER: There are no registered speakers under 15A, sir. CHAIRMAN LoCASTRO: Okay. We'll clear the room, and then we'll -- I think we're in the final stages here. Thank you, all. If you -- if citizens of Riviera Golf Estates either exit or take a seat, because we have more meeting to go through. So if you'd either exit or if you want to be part of the next topics, we'd appreciate it. Okay. Let's continue. Thank you. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: We have no staff project updates, so that brings us to 15C, staff and commission general communications. We do have a couple of items. First off, just a note that we have received the information in our queue for approval regarding the state veterans nursing home escrow, the $30 million. Just wanted to bring that to the Board's attention that the -- it's -- we've received it in the County Manager's Office for our sign-off from the Clerk's Office. April 25, 2023 Page 207 CHAIRMAN LoCASTRO: Oh, okay. COMMISSIONER SAUNDERS: I'm sorry. You've received what? MS. PATTERSON: Documentation for sign-off from the -- for the County Manager's Office to sign off on the transfer for the $30 million. It's moving its way through the approval process. COMMISSIONER SAUNDERS: Wonderful. CHAIRMAN LoCASTRO: Great. MS. PATTERSON: Just wanted to advise you, at your direction, that's moving along. CHAIRMAN LoCASTRO: Okay. Mr. Finn, anything else you need on that? MR. FINN: (Shakes head.) MS. PATTERSON: Okay. Thank you. We also have an item to bring to your attention regarding the sale of fuel at our marinas. Since we no longer have a vendor selling the fuel, we need to bridge the gap between now and when we can put an item on our Parks and Recreation fee schedule. So our proposal is to continue to sell the fuel at a 30 percent markup, which is what the vendor was selling it for up until now. But we need, essentially, the Board's approval to continue with that practice so we can provide the fuel until we get it -- we're not allowed to sell things outside of our fee schedule, and we don't have it on our fee schedule, so we need -- the next nine days -- your blessing to continue that practice, and we'll get it moved onto the fee schedule. CHAIRMAN LoCASTRO: What are the marinas affected? So it's Goodland and Port of the Islands. Is there another one I'm forgetting? MR. RODRIGUEZ: There is. It's Caxambas. CHAIRMAN LoCASTRO: Well, Caxambas is still -- I mean, we're not selling fuel, but once we get the pumps and everything, it April 25, 2023 Page 208 would -- that would be rolled into the approval. But as of -- if we give the thumbs up today, it would be Goodland, Port of the Islands, and is there -- MR. RODRIGUEZ: Cocohatchee. CHAIRMAN LoCASTRO: Oh, yeah. I knew there was another one. I was sitting here thinking -- okay. And Cocohatchee. COMMISSIONER McDANIEL: Wiggins Pass. COMMISSIONER HALL: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It looks like we're selling gas. MS. PATTERSON: Thank you. And we'll be back at the next meeting. And, lastly, Mr. Rodriguez may want to give you just an update on where we are with our beach parking. We're -- go ahead, Dan. MR. RODRIGUEZ: Absolutely. The city did reach out to us, so their staff and our staff will be meeting soon to put the paperwork together and kind of look at their -- what they're offering, and then Commissioner McDaniel and his counterpart at the City Council will review what staff has put together and bring that to the Board. Additionally, if I may, there's an update on the concessionaire agreement. We did have a -- some proposals come in, and we're in April 25, 2023 Page 209 negotiations with a concessionaire. That's probably going to take us about two weeks to negotiate, and then we'll bring that to the Board. And thank you for that transition plan. Olema and her team, as well as their procurement staff, continue to do good work to -- CHAIRMAN LoCASTRO: Did -- the proposals, they wanted all of the -- all of what was available, or did many of them break it out? MR. RODRIGUEZ: The one individual wants all of the concessions, yeah. CHAIRMAN LoCASTRO: It did take all of them? MR. RODRIGUEZ: That's correct. CHAIRMAN LoCASTRO: Okay. So nothing's left out? MR. RODRIGUEZ: Yeah. And it's looking favorable to retain the parking, the boat launch fees for the county for helping to retire costs associated with maintaining those parks. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: That's all we have. County Attorney Klatzkow? MR. KLATZKOW: Yes, real quickly. There was an early item that was continued by the Board. It was a land-use item, which requires 15 days' notice. There's a court opinion that is out that requires us to readvertise. Since it's 15 days' notice, it will not be coming back at your next meeting but the following meeting. I will tell you that there's a bill pending in Tallahassee that would do away with that court decision retroactively. It has not been passed yet. It has been passed by the Senate, not by the House. So there is the possibility that it gets passed, and we can continue. But at this point in time I will be readvertising. So you'll see it, but you won't be seeing the next meeting. It will be the meeting after. April 25, 2023 Page 210 CHAIRMAN LoCASTRO: All right. Okay. I'm going down the line. Commissioner Hall, any closing comments or -- COMMISSIONER HALL: Yes. With the previous public comments regarding Naples Pathway Coalition, the workshop, do you-all have any interest in doing that? I mean, I do because I'm a bicyclist, and they're hammering me all the time, but I just wanted to bring it up. I didn't want to -- CHAIRMAN LoCASTRO: I mean, one of the things I always say is, similar to when we talked in here about, like, housing workshops, I'm for anything that's going to bring information here, but I just want them to be ready for prime time. So a lot of times people in this room scream for a workshop, yet they have no, like -- so, no cohesive framework. They don't have a short list of homework assignments for us. So just to come in here and -- you know, but if they're ready for that and there's some -- COMMISSIONER HALL: I can have them ready. I know Craig well. I know Michelle well. CHAIRMAN LoCASTRO: Yeah. I think, you know, it's a big project, a lot of moving parts, it touches a lot of communities. I mean, it's bigger than a breadbox. So something that brought us up to speed here and also if it had some action items, definitely, I think it would have merit. Commissioner McDaniel. COMMISSIONER McDANIEL: And in that light, I'm not interested in having a workshop to sit around and talk about the validity of pedestrian traffic. COMMISSIONER HALL: No. CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: If there is specific direction that we can -- because we do that all the time at the end -- April 25, 2023 Page 211 (Simultaneous crosstalk.) COMMISSIONER HALL: I only want to be able to take action. COMMISSIONER McDANIEL: Right. But my thought is -- one of the things that I heard was making a special effort with staff to make sure we're on top of the availability of the recently bequeathed grant funds that could come to -- COMMISSIONER HALL: That was my next question. COMMISSIONER McDANIEL: -- assist with those pathways. COMMISSIONER HALL: How do we do that? COMMISSIONER McDANIEL: Okay. Tell staff to do that. COMMISSIONER HALL: How do we -- there was a comment about let's do what we can to take advantage of the 250,000 or -- COMMISSIONER McDANIEL: Two hundred fifty million. COMMISSIONER HALL: Two hundred fifty million for that -- that the state funding had. So how do we do that? MS. PATTERSON: Commissioner, while Trinity's making her way up here -- keep coming, Trinity. She's trying to hide in those seats over there. I would suggest, back to the workshop, perhaps it would be a good idea for you and some of those folks to get in the room with Trinity and some of her folks, and have a smaller group conversation. We also have a number of advisory committees through the MPO process that work on these matters as well. So I think getting everybody's collective thoughts in a small group, and then if we need to work towards a workshop -- it's similar to, as you said, with the housing issue, is coming in here and having to learn all of those things while we're all sitting around a table is probably counterproductive when, in a small group, you get a lot of stuff done, and then come in here with the specifics. COMMISSIONER HALL: Sure. I'm willing to take that April 25, 2023 Page 212 mantle then. MS. PATTERSON: Okay. Trinity will work with you directly on that, and you get those folks together regarding grants. Trinity, it's all you. MS. SCOTT: Regarding grants, my department has, oh, yeah, the most grants of probably anyplace in the county. We manage over $160 million in grants. I have a team that can get grants. So we monitor every grant opportunity that comes forward to us to look to see if we have a project that is worthy of that grant. And I would appreciate being able to sit down with you and talk to you about the grant funds that are potentially available and if we have projects that will fit the grant criteria. COMMISSIONER HALL: Okay. Good deal. MS. SCOTT: Okay. CHAIRMAN LoCASTRO: One of the things I just wanted to add was we have a workshop in this room every two weeks. It's called the Board of County Commissioner meeting. So we're here. Sometimes I like the idea of a smaller group because sometimes after that small group meeting you realize we don't need a workshop. But also, too, if it's a matter of bringing something to the commissioners rather than just having us here for a special meeting and, as Commissioner McDaniel said, just to sort of hear what we already know and there really wasn't a lot of actions -- but sometimes, too, if there's just a couple of things, it can just be added to agenda. I mean, we're here. And so, you know -- and also, too, you've got the whole staff and everything. So, you know, a special workshop, if it looks like that -- you know, we have to do something above and beyond a commissioner meeting -- but that's where, like you said, a small group will know that. Oh, we already fleshed out, you know, all the major parts, and, you know, it's something that could be back briefed April 25, 2023 Page 213 at a Board of County Commissioner meeting to give us an update on something; or if there's one or two decision points, it could be added to the agenda, and, you know, we infuse that workshop right into the Board of County Commissioner meeting would be my thought. So, Commissioner McDaniel, did you -- COMMISSIONER McDANIEL: No, just -- I'd like to support the direction to staff to pursue those newly bequeathed grant funds for the pathways that's direction from the Board -- as direction from this board. That's all. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you. Yeah, I just don't want -- I just want to get it out there, I'm not anti-Conservation Collier. I just know it seems like I'm kind of, like, the bad guy sometimes. COMMISSIONER McDANIEL: You are the bad guy. COMMISSIONER KOWAL: But I just want to let you know, I probably would have been the third vote today if they accepted the $419,000, but it didn't sound like we had a person representing the seller that really wanted to sell any property today, and that's all I'm saying. I think we probably could have acquired that property today, but when I asked certain questions and I got certain answers, it kind of swayed me at the end. And I have to be honest, you know, I was all willing to buy that lot today but, you know, I'm not going to be held at burden by the people that sell these properties and dictate what we're willing to offer them. I think -- you know, that's just part of the business. It's part of doing business. And I think that's our responsibility to offer what we think it's worth. So I just wanted to get that out there. Second, I kind of agree. I was listening -- the $250 million worth of grants, and then I'm sitting here, and I've got this map in April 25, 2023 Page 214 front of me because we're getting ready to take this bombardment with Riviera Golf Estates, because I knew it was coming at 3:00. And I'm sitting here, and I got -- I got Kings Way, which is one of the bike paths that already exists which runs from Davis down to Rattlesnake Hammock. And lo and behold, it borders Riviera Golf Estates, which we actually own two lots that we keep off to the side for maintenance, I believe, on their property, which -- then we have a proposed path that's already in the works on County Barn. Lo and behold, what's on the east side of Riviera Golf Estates is that new path that might be coming down the road in the future. So there's some potential that we could use some of that grant money, and we can actually do connectivity for some of these bike paths through this property that is an urban green space which Conservation Collier's, right in their title, preserving urban green space, so which I think -- I know the commissioner was, you know, kind of questioning if this was actually a property Conservation Collier would probably be interested in. But, you know, it fits their definition of what they're trying to do is preserving some green space amongst our urban areas that they see diminishing and we're losing. So -- and that being said, I just wanted to kind of get it out there, there's a lot more ways to skin this cat that we might be able to help this community offset some of the costs down the way in the future. And I just wanted to -- Mr. Rodriguez said -- gave me an update that the parking down at Bayview, the boat ramp, I guess they figured something out, right? They fixed that issue with contractor? MR. RODRIGUEZ: They did, actually. Parks and Rec reached out to the contractor, and they found a place for the employees to get a ride over and get onto the barge, so... COMMISSIONER McDANIEL: Good. CHAIRMAN LoCASTRO: Great. April 25, 2023 Page 215 COMMISSIONER McDANIEL: That worked really well, didn't it? COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I want to -- just a couple really quick notes. I want to thank Dr. Yilmaz. I had asked him for a report on the progress being made in the Golden Gate City area in terms of expanding water and sewer service. As everyone knows, the county took over that privately owned system. And Dr. Yilmaz has provided me a list of numerous projects out there, and so I want to thank Dr. Yilmaz for doing that. I also -- I don't know what the current status is with the veterans nursing home, the transfer of funds. I see Crystal is in the back there. If there's any other questions that she has, please let me know. We're going to be running up against a May 1st deadline here pretty quickly, and I don't know if that's -- if you feel comfortable yet, but let me know if there's some discomfort, and we'll try to get you when you need. That's all, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. And I've got a few closing comments. So concerning that environmental lot on Marco, first of all, no apologies needed from anyone. They can always reattack with us and counter. And so -- and I sent an email around to the appropriate people that I know are passionate about that lot and said, you know, it failed 3-2, but, you know, now the ball is back in your court. I think the one thing that it showed, too, is -- and I think it might have helped a little bit is, if you're supportive of something -- like, Riviera Golf Estates is a perfect example. When you flood the room with people, and the majority of them, you know, get it or have something to say, it does help us here. April 25, 2023 Page 216 So, I mean, if we would heard from five speakers that maybe would have spoke more eloquently about the importance of that lot and all that -- I mean, we don't have a crystal ball knowing every moving part. I actually was -- as the commissioner for District 1 was disappointed that there wasn't sort of a bigger presentation about this lot since it was -- it was kind of on the fence. But I've sent a note back saying, you know, you can counter. And, I think, you know, what we were all sort of implying here, if they put that lot on the market to sell it to a developer who's going to put a house, they might get more for it, but I don't think they're going to get 6-, 7-, 800,000 for it, and then they're going to pay a realtor and a whole bunch of others things. So maybe this one will come back to us and be, you know, on the list. One of the things I talked to Parks and Rec about at one of the breaks was you heard the paradise sports complex talk about the food truck and how it sort of might just be sitting and collecting dust at times. We actually might be able to use it at certain parks. At Tigertail right now we don't have a concessionaire who's selling food. We have vending machines, and we actually have brought in food trucks. And so I talked with Olema at the break and said, if you think you can use that food truck elsewhere in the county, whether it's at our parks or somewhere else -- so, you know, we're going to make sure that if it's sitting and it could be utilized somewhere else and provide a service, that we do that. Jaime Cook and I went out to the rock crushing lot, just so you know. So we got out boots dirty, and we sort of shocked all of the people. I mean, they knew we were coming, but I'm not sure they got much notice. I hated what I saw out there a lot less, I'll just -- I'll put it that April 25, 2023 Page 217 way. There was more equipment out there. You know, some of the -- the spears that we're catching of, oh, there's no water truck, there's no this, all that stuff is out of there. It's not awesome. It's not great. But I hate it a lot less. And we gave some direction out there as to, okay, you know, can you start moving some of that crushed rock into this area here, and we got a lot of yeses and a lot of positive things. So we'll continue to watch that. We know 1 May is going to come and go. There is not big, giant boulders out there. So one of the things that -- I'll just throw it on me -- that I proposed was get some trucks out there. And the rock that's going to take six months to crush that are the biggest pieces, they've already done all that. So that train left the station. So what's left now is all equal size and effort. But, Jaime, I appreciate all the effort you and the team has been doing keeping us updated. We're going to continue to take that in smaller chunks. So on 1 May, we're not going to give them three more months. My expectation -- and I think it's shared up here -- is that we continue on the path that we're on, continue to get updates. I think once they start spreading around some of that crushed rock, the area will aesthetically start to look a lot better, and then they can finish the job. At the next meeting -- you-all remember a couple meetings ago I talked about a resolution for liens and fines and how we could strengthen things? I didn't add it to this agenda here because I knew we had Riviera Golf Estates and a few other things. And, actually, Mr. Klatzkow and myself and Mr. French and his whole team, we were sort of refining that resolution and the executive summary. So we will send it out to you well before the next meeting. Appreciate if you read it and -- so that when we vote on it, we either make changes to it, you love it, you hate it, or what have you. But April 25, 2023 Page 218 the end we're trying to put something that's not ramrodding something in, but it's just reinforcing our expectation of liens and fines. And then Mr. Klatzkow did some great work on the liens resolution that puts some verbiage in there that maybe should have already been in existence. So more to follow on that in two weeks. And then I just want to -- you know, we always like to recognize people. I want to give a shout-out the somebody who maybe -- I didn't know her until I just met her, but her name's Katherine Chachere, right? Did I say that right? Chachere? Chachere? Chachere. So you-all know that we're putting in a stoplight at Treviso Bay, and it's -- you know, we feel like we're building the Eiffel Tower there. But there have been some challenges due to the hurricane and materials. Long and the short of it is, we have a county employee, Katherine here, where one of the issues that was slowing down the installation was the dirt was too high of a pH, and everything came to a screeching halt. And, oh, my gosh, you know, it's -- nobody can figure out what to do. This lady, like, got a bucket, put it in the trunk of her car, went out there on her own accord, filled the bucket, drove up to Fort Myers to get some other samples of dirt on her own, bought a kit to test the dirt, I think -- and I might be oversummarizing, but I think the bigger takeaway is, man, you know, this is an example of somebody on our county staff who just went above and beyond, got totally out of her area of probably responsibility but just wanted to get the job done. And when that light gets activated, she more than maybe almost anybody else gets part of the credit for keeping something that would have had a whole bunch of people doing this (indicating). And, you know, like she even told me yesterday, she goes, the bucket's still in my trunk, and I learned so much about testing soil. April 25, 2023 Page 219 So, Katherine, wherever you are, if you're listening, or people that work with her -- COMMISSIONER McDANIEL: Let's put a plaque on the -- CHAIRMAN LoCASTRO: Yeah. We're going to put a plaque on that -- when you push the button to activate the crosswalk, there's going to be a little picture of Katherine there saying, "I tested the dirt you're standing on." But I wanted to just give her a shout-out, because when I heard the story -- one of the things that I really admire -- and I always think it's something you can't teach, but if people have it it's an incredible, you know, positive attribute, and it's initiative, and that's initiative. And so, Katherine, if you're listening, your initiative might have seemed like it was unnoticed by a lot of folks, but it's not, and it's certainly appreciated. And that is a big project out there that saves lives, moves traffic. But you know what, if you don't have a bucketful of dirt and a pH testing system and somebody who's willing to do all of that, projects like that can come to a screeching halt. So, Katherine, thank you so much for doing that, and it looks like, you know, we're very close to activating that light. Having said that, any other, you know, reattacks, as we used to say in the military? You know, I used to be in the military. I don't know if you know. COMMISSIONER HALL: Really? What? CHAIRMAN LoCASTRO: Okay. We're adjourned. ***** **** Commissioner Kowal moved, seconded by Commissioner McDaniel, and carried that the following items under the consent and summary agendas be approved and/or adopted **** April 25, 2023 Page 220 Item #16A1 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE SEWER FACILITIES FOR BAYSHORE FOOD AND WINE VENUE, PL20220008943 – FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON FEBRUARY 17, 2023 Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR EDGE 75 BY WATERMARK – PHASE 1, PL20210000049, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $32,107.76 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON MARCH 12, 2023 Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR EDGE 75 BY WATERMARK – PHASE 2, PL20210000986, ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT, April 25, 2023 Page 221 AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $33,180.82 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON MARCH 6, 2023 Item #16A4 FINAL ACCEPTANCE AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE BY THE ISLANDS - PHASE 1C, PL20200000680, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON MARCH 20, 2023 Item #16A5 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 FOR VALLEY STREAM SELF STORAGE, PL20220001872 - FINAL INSPECTION BY STAFF FOUND THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON MARCH 6, 2023 Item #16A6 April 25, 2023 Page 222 RESOLUTION 2023-71: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF MAPLE RIDGE PHASE 5B, SECOND REPLAT, APPLICATION NUMBER PL20180000568 AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITIES IN THE AMOUNT OF $454,837.97 Item #16A7 RESOLUTION 2023-72: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF SILVERWOOD AT AVE MARIA (PHASE 1), APPLICATION NUMBER PL20170002303, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITIES IN THE AMOUNT OF $661,265.90 Item #16A8 RESOLUTION 2023-73: RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF TREE FARM, APPLICATION NUMBER PL20180003592 AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $184,220.85 April 25, 2023 Page 223 Item #16A9 AWARD INVITATION TO BID (“ITB”) NO. 23-8077, “AQUATIC VEGETATION MAINTENANCE,” TO DEANGELO CONTRACTING SERVICES LLC, AS THE PRIMARY VENDOR, AND SUPERIOR LANDSCAPING & LAWN SERVICE INC., AS THE SECONDARY VENDOR AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. (ESTIMATED ANNUAL SPEND $350,000 STORMWATER UTILITY FUND 103) Item #16A10 AWARD INVITATION TO BID ("ITB") NO. 23-8069, "TREE AND PALM MAINTENANCE," TO TREE SCAPING OF NAPLES INC., AS THE PRIMARY VENDOR, AND SUPERIOR LANDSCAPING & LAWN SERVICE INC., AS THE SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS Item #16A11 APPROVE AN ECONOMIC DEVELOPMENT AGREEMENT WITH AZT TECHNOLOGY, LLC, IN THE SUM OF $40,272.80 FOR INFRASTRUCTURE EXPENDITURE FOR A FLORIDA POWER AND LIGHT TRANSFORMER AND FEEDER CONDUITS, EQUIPMENT FEEDS AND GROUNDING FOR A PRECISION METAL COMPONENT MANUFACTURING FACILITY IN THE INTERCHANGE ACTIVITY CENTER NO. 9 INNOVATION ZONE AND AUTHORIZE FO REIMBURSEMENT OF THESE EXPENDITURES April 25, 2023 Page 224 Item #16A12 APPROVE AN AGREEMENT FOR THE PURCHASE OF A SIDEWALK, SLOPE, AND UTILITY EASEMENT (PARCEL 513SWUE) REQUIRED FOR CONSTRUCTION OF IMPROVEMENTS FOR THE LOGAN BOULEVARD AT VANDERBILT BEACH ROAD INTERSECTION (PROJECT NO. #60252) – FOLIO #29268000085 Item #16A13 AUTHORIZE A BUDGET AMENDMENT TO RECOGNIZE REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF $122,648.76. (PROJECTS #60085, #60088, #69331, #69333, #69338, AND #69339) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 AWARD FIXED FEE PROFESSIONAL SERVICE AGREEMENTS TO STEWART TITLE COMPANY, AMERICAN GOVERNMENT SERVICES CORPORATION, AND GUARANTEED FLORIDA TITLE, ESCROW & ABSTRACT, INC., (F/K/A TITLE PARTNERS OF SOUTH FLORIDA, INC.,) UNDER REQUEST FOR PROPOSAL (“RFP”) NO. 22-7997, “REAL ESTATE TITLE & CLOSING SERVICES,” AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS April 25, 2023 Page 225 Item #16A15 APPROVE THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH KIMLEY-HORN AND ASSOCIATES, INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 22-8053 FOR “DESIGN SERVICES FOR VANDERBILT BEACH ROAD EXTENSION PHASE II,” SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING Item #16A16 APPROVE THE COMMENCEMENT OF SERVICES UNDER AGREEMENT NO. 21-7842, “ROADWAY CONTRACTORS,” TO AUTHORIZE CONSTRUCTION OF THE RADIO ROAD AT DEVONSHIRE BOULEVARD AND COUNTRYSIDE DRIVE INTERSECTION IMPROVEMENTS IN THE AMOUNT OF $773,114.25, AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS (PROJECT #60016.47) Item #16A17 PURCHASE A MACK MD6 CAB AND CHASSIS TRUCK UPFITTED WITH A TRUCK MOUNTED TRAFFIX DEVICE, SCORPION II TL-3 ATTENUATOR AND A MOBILE TRAFFIC ADVISORY/DIRECTIONAL SIGNAL BOARD UTILIZING TWO FLORIDA SHERIFFS ASSOCIATION (“FSA”) COOPERATIVE AGREEMENTS FROM NEXTRAN TRUCK CENTER UNDER FSA22-VEH20.0 “HEAVY TRUCKS & BUSES” (CAB AND CHASSIS TRUCK) AND FROM STRIPING SERVICE AND April 25, 2023 Page 226 SUPPLY, INC., UNDER FSA20-EQU 18.0, “HEAVY EQUIPMENT” Item #16A18 THE BOARD OF COUNTY COMMISSIONERS APPROVE AN ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF AN EIGHT-FOOT CONCRETE NOISE WALL ON TWO COUNTY-OWNED PROPERTIES TO ABATE NOISE FROM VETERAN’S MEMORIAL BOULEVARD IN ACCORDANCE WITH THE 2006 SETTLEMENT AGREEMENT FOR THE SANDALWOOD PUD Item #16A19 RESOLUTION 2023-74: APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A SMALL COUNTY OUTREACH PROGRAM (SCOP) STATE-FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO RECEIVE REIMBURSEMENT UP TO $818,622 TO CONSTRUCT PAVED SHOULDERS ON IMMOKALEE ROAD (CR 846) FROM EAST OF MAIN STREET (SR 29) TO EAST OF TRADEPORT PARKWAY (FPN 449668-1-54-01, PROJECT #60253); TO EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS Item #16A20 APPROVE THE ATTACHED AMENDMENT NO. FOUR TO AGREEMENT NO. 18-7382 – PROFESSIONAL SERVICES April 25, 2023 Page 227 AGREEMENT FOR COLLIER AREA TRANSIT FIXED ROUTE, DEMAND RESPONSE, AND TRANSIT OPERATIONS MANAGEMENT SERVICES WITH MV TRANSPORTATION, INC., ALLOWING FOR AN EXTENSION OF AMENDMENT NO. THREE TO ADDRESS STAFFING SHORTAGES THROUGH AND INCLUDING THE CURRENT APRIL 30, 2024 TERMINATION DATE OF THE AGREEMENT, AND AUTHORIZING THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT Item #16A21 RESOLUTION 2023-75: APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A SUPPLEMENTAL AGREEMENT TO THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO INCREASE ($125,000) THE GRANT AWARD FROM $467,424 TO $592,424 FOR THE CONSTRUCTION OF BIKE LANE AND SHOULDER IMPROVEMENTS ALONG 111TH AVENUE NORTH FROM THE BLUEBILL AVENUE BRIDGE TO 7TH STREET NORTH; TO ADOPT THE ACCOMPANYING RESOLUTION FORMALLY APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD; (PROJECT NO. #33620), FPN 441846-1-58-01 Item #16A22 RESOLUTION 2023-76: APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) April 25, 2023 Page 228 REIMBURSING THE COUNTY UP TO $983,670 FOR THE CONSTRUCTION OF 5-FOOT BIKE LANES ON GREEN BLVD FROM SANTA BARBARA BLVD TO SUNSHINE BLVD; EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT NO. #33849), FPN 438093-2-58-01 Item #16C1 AN AGREEMENT FOR SALE AND PURCHASE WITH: (1) JOSE F. CASTILLO AND JORGE F. CASTILLO; (2) ODALYS QUEVEDO; (3) MICHAEL L. TORO AND PATRICIA M. TORO, AS TRUSTEES OF THE MICHAEL AND PATRICIA TORO REVOCABLE JOINT TRUST AGREEMENT, DATED APRIL 20, 2017; AND (4) FREDERICK P. TROFATTER, JR. AND HEATHER B. TROFATTER UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $175,905 Item #16C2 ADMINISTRATIVE CHANGE ORDER NO. 8 PROVIDING FOR A 90-DAY TIME EXTENSION AND A $111,552.00 INCREASE TO THE CONTRACT AMOUNT UNDER AGREEMENT NO. 18-7469 WITH WSP USA ENVIRONMENT & INFRASTRUCTURE INC., FOR THE BIG CORKSCREW ISLAND REGIONAL PARK. (PROJECT NO. #80039.1.3) – SET TO EXPIRE ON MARCH 10, 2023 AND EXTENDING THE TIME TO MAY 31, 2023 Item #16C3 April 25, 2023 Page 229 PROPOSAL NO. 10795, UNDER AGREEMENT NO. 19-7592 BUILDING AUTOMATION ENERGY MANAGEMENT SERVICES, FROM JUICE TECHNOLOGIES, INC., D/B/A PLUG SMART, AND AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $397,226.27 TO REPLACE THE PROPRIETARY N2 JOHNSON CONTROLS BMS WITH NEW BACNET RELIABLE CONTROLS AT THE COLLIER COUNTY EMERGENCY SERVICE CENTER (PROJECT NO. #52162) Item #16C4 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 Item #16C5 – Moved to Item #11G (Per Agenda Change Sheet) Item #16C6 – Continued from the March 28, 2023, BCC Meeting. THE ATTACHED AGREEMENT AND ACCESS AND UTILITY EASEMENT TO ALLOW VB BTS, II, LLC, ACCESS TO ITS PROPOSED COMMUNICATIONS TOWER THROUGH PALM SPRINGS NEIGHBORHOOD PARK AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS; 2) DIRECT THE COUNTY MANAGER OR HER DESIGNEE, TO RECORD THE ACCESS AND UTILITY EASEMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND 3) DIRECT STAFF TO ENSURE THAT ALL PROPOSED IMPROVEMENTS April 25, 2023 Page 230 DISCUSSED HEREIN ARE PART OF AND INCORPORATED WITHIN THE SDP (PL20210000655) Item #16C7 - Moved to Item #11E (Per Agenda Change Sheet) Item #16D1 - Continued to the May 9, 2023 BCC Meeting. BUDGET AMENDMENT IN THE AMOUNT OF $100,000 TO TRANSFER FUNDING WITHIN THE COUNTY-WIDE CAPITAL FUND (301) TO CONTINUE FUNDING EBOOKCOLLECTIONS TO MEET PATRON DEMAND FOR DIGITALRESOURCES AND MATERIALS FOR COLLIER COUNTY PUBLIC LIBRARIES Item #16D2 A RELEASE OF LIEN IN THE AMOUNT OF $7,051.70 FOR FULL PAYMENT OF AN IMMOKALEE AREA RESIDENTIAL IMPACT FEE DEFERRAL APPROVED AS PART OF AN IMPACT FEE DEFERRAL PROGRAM FOR PROPERTIES LOCATED WITHIN THE IMMOKALEE ENTERPRISE ZONE – LOCATED AT 1268 ALLEGIANCE WAY Item #16D3 THE RESURFACING OF TWENTY (20) ADDITIONAL PICKLEBALL COURTS AT EAST NAPLES COMMUNITY PARK AND TO MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM. THERE IS NO ADDITIONAL FISCAL IMPACT AS THE ORIGINAL FUNDED AMOUNT IS SUFFICIENT TO INCLUDE RESURFACING OF THE ADDITIONAL COURTS April 25, 2023 Page 231 Item #16D4 AUTHORIZE STAFF TO SUBMIT AN APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S INVASIVE PLANT MANAGEMENT SECTION TO BE ELIGIBLE TO RECEIVE FUNDING ASSISTANCE SERVICES, WORTH $280,000 IN FY 2024, FOR THE REMOVAL OF INVASIVE EXOTIC VEGETATION WITHIN CONSERVATION COLLIER’S NORTH BELLE MEADE, WINCHESTER HEAD, AND RED MAPLE SWAMP PRESERVES, AND TO AUTHORIZE STAFF TO ACCEPT SUCH FUNDING ASSISTANCE SERVICES, IF AWARDED Item #16D5 ACCEPT THE CONSERVATION COLLIER ANNUAL REPORT, THE PUBLIC ACCESS AND PRESERVE AMENITIES REPORT, AND AN UPDATE ON THE PROGRAM’S RECENT AND PENDING ACQUISITIONS Item #16D6 AN “AFTER-THE-FACT AMENDMENT 2 WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM TO AUTHORIZE FY2022 FUNDING FOR THE EHEAP 203.21 AGREEMENT TO INCREASE THE AWARD AMOUNT OF $100,000 WITH REVISION TO THE BUDGET SUMMARY FOR FY21 & FY22 AND THE SUPPORTING BUDGET AMENDMENT (HUMAN SERVICES GRANT FUND 707) April 25, 2023 Page 232 Item #16D7 PROMOTE ECONOMIC DEVELOPMENT IN LOCAL AGRICULTURE VIA A $5,000 SPONSORSHIP OF THE COLLIER COUNTY FARM BUREAU 2ND ANNUAL AGVENTURE AND RODEO EVENT ORGANIZED BY THE COLLIER COUNTY FARM BUREAU. (ECONOMIC DEVELOPMENT FUND 007) Item #16D8 THE CONSERVATION COLLIER HHH RANCH PRESERVE 2-YEAR INTERIM MANAGEMENT PLAN UNDER THE CONSERVATION COLLIER PROGRAM AND TO NAME THE PROPERTY NORTH BELLE MEADE PRESERVE – LOCATED IN SECTION 33, TOWNSHIP 49, & RANGE 27 Item #16D9 THE “AFTER-THE-FACT” SUBMITTAL OF A GRANT APPLICATION FOR A FOUR-YEAR BUREAU OF JUSTICE ASSISTANCE (BJA) DRUG COURT DISCRETIONARY GRANT IN THE AMOUNT OF $1,000,000 Item #16E1 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR VARIOUS COUNTY DIVISION'S AFTER-THE-FACT PURCHASES REQUIRING BOARD APPROVAL IN ACCORDANCE WITH April 25, 2023 Page 233 PROCUREMENT ORDINANCE 2017-08 AND THE PROCUREMENT MANUAL, AS WELL AS, TO APPROVE THE PAYMENT OF $5,404.95 IN EXPENDITURES THAT HAVE BEEN INCURRED THAT WERE OUT OF COMPLIANCE WITH THE CONTRACTS OR PROCUREMENT REQUIREMENTS FOR ASSOCIATED INVOICES THAT HAVE NOT BEEN PAID Item #16E2 AUTHORIZE ONE ADDITIONAL FULL TIME EQUIVALENT (FTE) POSITION IN THE COLLIER COUNTY FLEET MANAGEMENT DIVISION. Item #16E3 AGREEMENT #23-001-NS WITH UNITED DATA TECHNOLOGIES, INC., FOR ADDITIONAL PROFESSIONAL SERVICES PERTAINING TO THE INSTALLATION OF THE CISCO PHONE SYSTEM UPGRADE USING GENERAL SERVICES ADMINISTRATION (“GSA”) CONTRACT #GS-35F- 538GA (PROFESSIONAL SERVICES) Item #16F1 RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) AND PERMIT FOR A CLASS 1 (ALS TRANSPORT/ALS RESCUE) AND CLASS 2 (ALS INTRA-FACILITY ALS AMBULANCE TRANSPORT) FOR THE SEMINOLE TRIBE FIRE RESCUE DEPARTMENT WITHIN THE BOUNDARIES OF THE SEMINOLE TRIBE IN IMMOKALEE; AUTHORIZE THE CHAIRMAN TO SIGN THE April 25, 2023 Page 234 PERMIT AND CERTIFICATE; AND RECOGNIZE AND ACCEPT THE $250 APPLICATION FEE WITHIN FUND 001. Item #16F2 RESOLUTION 2023-77: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2022-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Item #16F3 – Moved to Item #11F (Per Agenda Change Sheet) Item #16J1 A BUDGET AMENDMENT RECOGNIZING A FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS, 2022/2023 ELECTION SECURITY FUNDS GRANT AWARD IN THE AMOUNT OF $118,610 Item #16J2 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 MARCH 30, 2023, AND APRIL 12, 2023, PURSUANT TO FLORIDA STATUTE 136.06 April 25, 2023 Page 235 Item #16J3 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF APRIL 19, 2023 Item #16K1 RESOLUTION 2023-78: REAPPOINT TWO MEMBERS TO THE ANIMAL SERVICES ADVISORY BOARD – REAPPOINTING JAMES RICH AND SHERRY REGO BOTH W/TERMS EXPIRING ON APRIL 13, 2027 Item #16K2 APPROVE A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $8,600 PLUS $8,513.36 IN STATUTORY ATTORNEY FEES, LITIGATION COSTS, APPORTIONMENT ATTORNEYS’ FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1268RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. #60168, AND AN AMOUNT NOT TO EXCEED $3,000 FOR ADDITIONAL APPORTIONMENT COSTS IF NEEDED FOR THE TAKING OF PARCEL 1268RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. #60168 Item #16K3 A STIPULATED FINAL JUDGMENT IN THE TOTAL April 25, 2023 Page 236 AMOUNT OF $10,350 PLUS $7,655.92 IN STATUTORY ATTORNEY FEES, LITIGATION COSTS, APPORTIONMENT ATTORNEYS’ FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1267RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. #60168 Item #16K4 AUTHORIZE THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST ROY GARCIA IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER $5,743.11 IN DAMAGES INCURRED BY THE COUNTY FOR REPAIRS TO A FOXTAIL PALM, PARK BENCH AND TRASH RECEPTACLE, PLUS COSTS OF LITIGATION – FOR A VEHICLE ACCIDENT THAT OCURRED ON OCTOBER 20, 2021 Item #16K5 AUTHORIZE THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST ASHLEY ANGELICA HERNANDEZ AND MARTA REBECA HERNANDEZ GARCIA IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES FOR THE REPAIR OF COLLIER COUNTY PROPERTY TOTALING $7,710.14, PLUS COSTS OF LITIGATION – FOR A VEHICLE CRASH THAT OCCURRED ON APRIL 1, 2021 April 25, 2023 Page 237 Item #16K6 AUTHORIZE THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST RACHEL JIMENEZ LOPEZ IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES FOR THE REPAIR OF COLLIER COUNTY PROPERTY TOTALING $7,956.38 PLUS COSTS OF LITIGATION – FOR A VEHICLE ACCIDENT THAT OCCURRED ON SEPTEMBER 27, 2020 Item #16K7 AUTHORIZE THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST MICHAEL LAVERY AND MASON TYLER MORGAN IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES INCURRED BY THE COUNTY FOR THE REPAIR TO THE SECURITY GATE AND FENCE AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT LOCATED AT 3875 CITY GATE DRIVE THE TOTALING $4,400, PLUS COSTS OF LITIGATION FOR A VEHICLE ACCIDENT THAT OCCURRED ON JANUARY 7, 2021 Item #17A ORDINANCE 2023-19: APPROVE AN ORDINANCE OF THE April 25, 2023 Page 238 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO CREATE THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY (CBIIZO) ZONING DISTRICT AND ELIMINATE THE ACTIVITY CENTER #9 OVERLAY ZONING DISTRICT, AND ESTABLISH USES, BOUNDARIES, AND DESIGN STANDARDS, 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 ONE GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS; CHAPTER TWO ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER FOUR SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.23 SAME — DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT; AND CHAPTER FIVE SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE [PL20200002400] (SECOND OF TWO HEARINGS) (THIS IS A COMPANION TO ITEM #17B) Item #17B April 25, 2023 Page 239 ORDINANCE 2023-20: ADOPT PL20190000821 -GMPA- COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 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 TO ADD THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY TO ATTRACT AND RETAIN QUALIFIED TARGETED INDUSTRY BUSINESS; TO CORRECT A SCRIVENER'S ERROR IN THE ACTIVITY CENTER #9 INSET MAP; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTIONS OF COLLIER BOULEVARD AND INTERSTATE 75, AND COLLIER BOULEVARD AND DAVIS BOULEVARD, IN SECTIONS 34, 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,236± ACRES [PL20190000821] (THIS IS A COMPANION ITEM #17A) Item #17C RESOLUTION 2023-79: ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY22-23 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED April 25, 2023 Page 240 AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) Item #17D RESOLUTION 2023-80: PETITION: VAC-PL20220000374 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO UNIMPROVED 30-FOOT- WIDE PUBLIC RIGHT-OF-WAYS DESCRIBED AS AVENUE “B” AND FIRST STREET, ACCORDING TO THE COL-LEE-CO TERRACE SUBDIVISION PLAT, AS RECORDED IN PLAT BOOK 1, PAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDRICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND TO APPROVE A DEVELOPER AGREEMENT WITH TB EAST TRAIL, LLC (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO PROVIDE $528,431.35 FOR A STORMWATER MANAGEMENT IMPROVEMENT BETWEEN SPRUCE STREET AND PINE STREET Item #17E – Moved to Item #9B (Per Change Sheet) Item #17F – Moved to Item #9C (Per Change Sheet) ***** April 25, 2023 Page 241 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:44 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 CRYSTAL K. KINZEL, CLERK ___________________________ These minutes approved by the Board on ____________________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC.