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Agenda 07/11/2023 Item # 2D (May 23, 2023 BCC Meeting Minutes)07/ 11 /2023 2.D COLLIER COUNTY Board of County Commissioners Item Number: 2.D Doc ID: 25984 Item Summary: May 23, 2023 BCC Meeting Minutes Meeting Date: 07/11/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 06/30/2023 3:20 PM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Amy Patterson 06/30/2023 3:20 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/30/2023 3:20 PM 07/11/2023 9:00 AM Packet Pg. 15 May 23, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 23, 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 May 23, 2023 Page 2 CHAIRMAN LoCASTRO: Good morning, everyone. AUDIENCE MEMBERS: Good morning. Good morning. CHAIRMAN LoCASTRO: Come on. I thought we had a good crowd here this morning. I thought we had a good crowd. Good morning, everyone. AUDIENCE MEMBERS: Good morning. CHAIRMAN LoCASTRO: Okay. The first thing that I ask, since we have a full room, cell phones on silent. No musical numbers. Me, too. I hear you. Pipe down. I've got the -- and if you have to have an emergency or take a call or whatever, you know, please go out in the hall. But we've got a full schedule, and, County Manager, I'll turn it over to you. Thank you. Item #1A INVOCATION AND PLEADGE OF ALLEGIANCE BY PASTOR GREG BALL OF DESTINY CHURCH, NAPLES – INVOCATION GIVEN MS. PATTERSON: Commissioners, let's begin with our invocation and Pledge of Allegiance. The invocation will be led by Pastor Greg Ball of Destiny Church, Naples. PASTOR BALL: And good morning, everybody. AUDIENCE MEMBERS: Good morning. PASTOR BALL: Good morning, Commissioners. Let's bow our hearts [sic] for prayer. Good morning, holy spirit, and thank you for this day. We ask you to give wisdom and clarity today. Your word tells us in James 1:5, if we lack wisdom, to ask God, and, God, we ask you, the God of wisdom, to help today. Lord, as we gather for this meeting, we ask you to give our May 23, 2023 Page 3 commissioners clarity so they can effectively tackle each part of today's agenda. Reveal problem areas and show them the best solutions that will apply. Give them eyes to see every positive outcome, and let these favorable results and developments encourage every heart in the room. God, will you help them apply your wisdom as they decide certain matters and make plans. This we ask in the mighty name of Jesus, amen. CHAIRMAN LoCASTRO: And we have a true superstar, patriot, and loyal, dedicated servant to our county sitting right here at the front row, and I ask Judge Martin to lead us in the Pledge of Allegiance. Ma'am. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: That was really just a smokescreen. There's seven of you that have outstanding warrants. Ma'am, do your stuff. UNIDENTIFIED SPEAKER: They'll be up front first. CHAIRMAN LoCASTRO: You're the first one, all right. Whoever that was. Oh, you think it's up here. We've got a couple up here? It's possible. It's possible. County Manager? MS. PATTERSON: Commissioners, that brings us -- UNIDENTIFIED SPEAKER: All five. CHAIRMAN LoCASTRO: Who said that? Listen, who said that? Where's my bailiff or whoever? Ma'am. Item #2A APPROVE OF TODAY’S REGULAR, CONSENT AND May 23, 2023 Page 4 SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL – APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Item 2, agenda and minutes. I will take you through our brief change sheet. The only item we have is just a note that -- Companion Items 9A and 9B to be heard no sooner than 10:00 a.m. This is a Growth Management Plan amendment ordinance creating the Airport Carlisle Mixed-Use Subdistrict to allow the Carlisle assisted living facility and rezoning ordinance for The Haven at North Naples MPUD to allow the Carlisle assisted living facility. Just a note, we have court reporter breaks set for 10:30 and 2:50. With that, I'll turn it over to the County Attorney for any changes? MR. KLATZKOW: Thank you. No changes. MS. PATTERSON: Commissioner LoCastro and Commissioners, any changes. CHAIRMAN LoCASTRO: Any changes, Commissioner Kowal? COMMISSIONER KOWAL: No changes. CHAIRMAN LoCASTRO: Commissioner Saunders? COMMISSIONER SAUNDERS: I have no changes. CHAIRMAN LoCASTRO: Okay. Commissioner Hall? COMMISSIONER HALL: Negatory. CHAIRMAN LoCASTRO: Commissioner McDaniel? COMMISSIONER McDANIEL: No changes. You want disclosures as well? May 23, 2023 Page 5 CHAIRMAN LoCASTRO: Yeah, let's go ahead and do that. I'm sorry. MS. PATTERSON: Ex parte. COMMISSIONER McDANIEL: On 17A, I have had meetings and emails. CHAIRMAN LoCASTRO: Okay. Commissioner Hall, we'll go back to you. COMMISSIONER HALL: None for summary and consent for me. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, any disclosures? COMMISSIONER KOWAL: Nothing on summary or consent. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: I have no disclosure on summary as well. CHAIRMAN LoCASTRO: Okay. And I have no disclosures on summary as well either. Okay. MS. PATTERSON: If I could get a motion to approve the agenda. COMMISSIONER McDANIEL: I'll so move. CHAIRMAN LoCASTRO: Okay. I've got a motion. Do I have a second? COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) May 23, 2023 Page 6 CHAIRMAN LoCASTRO: It passes unanimously. May 23, 2023 Page 7 Item #2B MARCH 28, 2023, BCC MEETING MINUTES MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED AS PRESENTED Item #2C APRIL 25, 2023, BCC MEETING MINUTES MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED AS PRESENTED MS. PATTERSON: Item 2B is approval of the minutes from March 28th, 2023. CHAIRMAN LoCASTRO: Okay. Motion to approve the minutes? COMMISSIONER McDANIEL: I'll move to approve both A -- B and C. CHAIRMAN LoCASTRO: Okay. Motion to approve B and C. Do I have a second? COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: 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: Item 3 is awards and recognitions. May 23, 2023 Page 8 Item #3A1 AWARDS AND RECOGNITIONS – 20 YEARS – JAMES ZUVER – TRANSPORTATION ENGINEERING – HARIS DOMOND – TRANSPORTATION ENGINEERING – DAM SUMMERS – BUREAU OF EMERGENCY SERVICES – MICHAEL PATTEN – ROAD MAINTENANCE – PRESENTED Item 3A1 are 20-year attendees. First 20 years, James Zuver, Transportation Engineering. (Applause.) CHAIRMAN LoCASTRO: It seems pretty heavy. MR. ZUVER: A lot of years. CHAIRMAN LoCASTRO: Thank you for your service, sir. MR. ZUVER: Thank you. CHAIRMAN LoCASTRO: There you go. Right there in the center. THE PHOTOGRAPHER: Can you move a little bit that way for me. Perfect. (Applause.) MS. PATTERSON: Twenty years, Haris Domond, Transportation Engineering. (Applause.) CHAIRMAN LoCASTRO: Commissioner McDaniel says he knows you for a long time. If you'd like to make any comments after, we'd like to hear, you know, just how much you might know. COMMISSIONER McDANIEL: You've got to keep our secrets, now. (Applause.) COMMISSIONER McDANIEL: When you have trouble with the traffic signal, call and ask for Haris. May 23, 2023 Page 9 MS. PATTERSON: Twenty years, Dan Summers, Bureau of Emergency Services. (Applause.) CHAIRMAN LoCASTRO: Dan, with all the hurricanes, it feels a lot longer, right? MR. SUMMERS: Yeah. CHAIRMAN LoCASTRO: It feels a lot longer. MR. SUMMERS: Thank you. (Applause.) MS. PATTERSON: 3A, 30-year attendees. Thirty years, Michael Patten, Road Maintenance. (Applause.) MS. PATTERSON: That moves us to Item 4, proclamations. Item #4A PROCLAMATION DESIGNATING MAY 2023, AS NATIONAL DRUG COURT MONTH – MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED Item 4A is a proclamation designating May 2023, as National Drug Court Month. To be accepted by Honorable Janeice T. Martin, presiding judge, Collier County Drug Court. (Applause.) CHAIRMAN LoCASTRO: Judge, if you want to say anything at the podium, it's totally up to you. JUDGE MARTIN: Thank you, Mr. Chair and Commissioners. I know you have a lot to do today, so I'll be very brief. Just on behalf of members of our drug court team, members of our drug court, some active participants as well as some alumni who May 23, 2023 Page 10 have come back to be a part of this today, I just want to say a couple of quick things. The pastor this morning spoke of wisdom, solutions, positive outcomes, hope. There you go; that's drug court. And I want to thank you-all for your wisdom and your leadership in supporting the solutions and the outcomes that we focus on. I could not be more proud than to step into our public square and stand beside the men and women who make this happen. Our participants are your neighbors, your sons, your daughters, sisters, brothers. They are parents, moms and dads who are working hard to turn their lives around, reunite with their families, and become productive members of our community. And so welcoming them in here the way that you have really reinforces the message that their futures are so much bigger than their past, and their hard work is recognized and well worth it. So I thank you for this opportunity and the honor to step in here with everybody that we care so much about. Thank you for your support. (Applause.) CHAIRMAN LoCASTRO: Judge, I just wanted to add, I got to serve on a committee with Judge Martin for two years. Now Commissioner Kowal serves on that committee. Your success rate is unbelievably impressive. And I know it takes a team, it takes a village. Whatever, you know, the statement is, but what it takes is leadership, and it takes caring and dedication and the hard work also by the folks that you're trying to help who really dive in with both feet. So without getting into all the statistics and the metrics, every citizen in Collier County would be impressed with the success that you and your team have had. So we thank you for all your hard work and that of your team. May 23, 2023 Page 11 Thank you, ma'am. (Applause.) Item #4B PROCLAMATION DESIGNATING MAY 2023 AS NATIONAL FOSTER CARE MONTH - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating May 2023 as National Foster Care Month. To be accepted by Linda Goldfield, CEO, Youth Haven; Denise Murphy; and Naderah Salim, CEO, Children's Network of Southwest Florida. (Applause.) CHAIRMAN LoCASTRO: Linda, if you want to say a few words, totally up to you. MS. GOLDFIELD: Thank you, Commissioners, for your continued support of the foster care system in Collier County. The State of Florida has the third-highest rate of children that are in foster care. Together as a community, it's our responsibility to take care of these children. Youth Haven is the only homeless shelter in our community for children who've been remove by their home -- from their homes by the Department of Children and Family Services for abuse, neglect, and, oftentimes, homelessness. The reality is children are staying with us longer and longer. Although we are meant to be a temporary housing situation till a more permanent one can be found, we do not have enough foster care families in our community. Children belong in traditional families, and I ask all of you, if you have it in your hearts, to become a foster care parent so children can live in a traditional family. And, again, May 23, 2023 Page 12 on behalf of our children that we serve, 45 children living on our campus, thank you for all of your support. Thank you. (Applause.) CHAIRMAN LoCASTRO: Commissioner Saunders, wants to -- sir. COMMISSIONER SAUNDERS: If I could ask you a quick question, if you wouldn't mind, just a quick question. MS. GOLDFIELD: Sure. COMMISSIONER SAUNDERS: First of all, thank you for everything that you do. But you said something that kind of stuck out. You said that Florida had the third-highest rate? MS. GOLDFIELD: Of children living in -- COMMISSIONER SAUNDERS: So it's not the third-highest number, which you would expect. MS. GOLDFIELD: Sorry. Third-highest -- I misspoke. Third-highest number of children in foster care, yes. COMMISSIONER SAUNDERS: Thank you. I appreciate that. Item #4C PROCLAMATION DESIGNATING MAY 2023 AS TRAUMA AWARENESS MONTH IN COLLIER COUNTY - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4C is a proclamation designating May 2023 as Trauma Awareness Month in Collier County. To be accepted by Dr. Leslie Lascheid, member of the Regional Advisory Committee on Trauma Services. (Applause.) May 23, 2023 Page 13 CHAIRMAN LoCASTRO: Do you want to make some comments? (No response.) Item #4D PROCLAMATION DESIGNATING MAY 2023 AS DROWNING PREVENTION MONTH IN COLLIER COUNTY - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4D is a proclamation designating May 2023 as Drowning Prevention Month in Collier County. To be accepted by Coral Vargas, coordinator, NCH Safe and Healthy Children Coalition of Collier County. (Applause.) CHAIRMAN LoCASTRO: I'm behind Godzilla. I don't think I need to move. I can't go anywhere. (Applause.) CHAIRMAN LoCASTRO: I'm behind Brian Bosley. The duck this morning is being played by Sheriff Kevin Rambosk, if anybody was curious. MS. VARGAS: Thank you so much, County Commissioners, for, once again, proclaiming May to be Drowning Prevention Month. We value our partnership, not only through this month, but throughout the entire year. Drowning is the leading cause of death for children between the ages of 1 to 4 in Florida. The last two years have been the highest recorded numbers in Florida since the Department of Children and Families started collecting data. But we are very fortunate here in Collier County to have, as you May 23, 2023 Page 14 guys all saw, so many amazing partners and organizations working together to make Collier County water safe. Collier County Parks and Recreation have been an integral part of our water-safety and drowning-prevention initiatives. Under the leadership of Olema Edwards -- her team is amazing -- we were able to bring back the duck race after it was canceled after COVID and after Hurricane Ian, actually. And the team at Sugden Park, Michael Tulin, Phillip, and Patricia and James Hanrahan were integral in bringing it back. We've also been able to continue Swim Central. Thanks to the Naples Children Education Foundation, more than 10,000 children in over 80,000 water-safety lessons have been taught through our partnership with Collier County Parks and Recreation, being led by Samantha Hernandez with the Golden Gate Aquatics Facility. She has been an integral part in Swim Central. And we're also happy to share that all 15 life jacket loaner stations from "Kids Don't Float. Life Jackets Do" programs have been brought back. They were, unfortunately all destroyed during Hurricane Ian, but because of the amazing collaboration, we've been able to bring all 15 back, and they were placed just in time for Water Safety Month and for the summer for families visiting our beaches and our lake fronts. Another amazing partner is the Department of Health of Collier County. They just did Wear Your Life Jacket to Work Day on Friday, and they got the Public Services Department involved, and it was really nice seeing all the picture being shared, and they're doing amazing stuff. And that goes for everybody who's a part of the coalition: WAVE drowning detection systems, the U.S. Coast Guard Auxiliary Flotillas, the NCH Healthcare System, Collier Cares. So many people are part of this. And we thank you all, because we couldn't do it without you. So thank you. (Applause.) May 23, 2023 Page 15 Item #4E PROCLAMATION DESIGNATING MAY 21ST THROUGH 27TH, 2023, AS EMERGENCY MEDICAL SERVICES WEEK IN COLLIER COUNTY - ACCEPTED BY TABATHA BUTCHER, EMS CHIEF, AND EMS PROFESSIONALS - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4E is a proclamation designating May 21st through 27th, 2023, as Emergency Medical Services Week in Collier County. To be accepted by Tabatha Butcher, EMS chief, and EMS professionals. (Applause.) CHIEF BUTCHER: For the record, Tabatha Butcher, chief of Collier County EMS. Thank you for this proclamation, Mr. Chair and Commissioners. I also want to thank the County Manager and the Deputy County Manager for their continued support to make EMS a successful team. May 21 to 27, 2023, is the 49th Annual National EMS Week. In 1974, President Gerald Ford authorized EMS week to celebrate EMS practitioners and the important work that they do in our nation. Providing emergency medical care isn't an easy job, but day after day, EMTs and paramedics go to work with one goal in mind, to protect the health and safety of our community. This group here is a fraction of the dedicated professionals that truly exceed the expectations of their patients and our community each day. I want to thank all of them, from the team that work behind the scenes to the boots in the field. I'm proud of them, and I'm proud to be part of this time. So thank you again for recognizing Collier County EMS. May 23, 2023 Page 16 CHAIRMAN LoCASTRO: Thank you, Chief. (Applause.) MS. PATTERSON: That brings us to Item 5, presentations. Item 5A is a presentation -- oh, let me stop for a second. We need a motion to accept the proclamations. COMMISSIONER SAUNDERS: So moved. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: 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. MS. PATTERSON: Thank you. Let me start again. Item #5A PRESENTATION OF THE 2023 FLORIDA WATER ENVIRONMENT ASSOCIATION COLLECTION SYSTEM OF THE YEAR AWARDS, LARGE UTILITY CATEGORY - ACCEPTED BY ROBERT VON HOLLE, PUBLIC UTILITIES DEPARTMENT DIVISION DIRECTOR, WASTEWATER – PRESENTED Item 5A is a presentation of the 2023 Florida Water Environment Association Collection System of the Year Awards, Large Utility Category. This award is given in recognition of May 23, 2023 Page 17 outstanding maintenance programs, regulatory compliance, and safety training procedures. To be accepted by Robert Von Holle, Public Utilities Department Division Director, Wastewater. (Applause.) Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Item 7, public comments on general topics not on the current or future agenda. Troy. MR. MILLER: Mr. Chair, we've got three registered speakers at this time. Your first speaker is Garrett FX Beyrent, and he will be followed by Susan Cone. MR. BEYRENT: For the record, Garrett FX Beyrent. I'm here because a policeman saved my life the other day. I mean, it was a horrible situation. My car broke down. It was one of those flood cars that the lady sold me on Marco Island that said it wasn't a flood car. Anyhow, that was my third flood car. It was broken down at the entrance to Walmart in the turn lane the day before Mother's Day. People were zipping by me going 90 miles an hour, and the tow truck doesn't show up. The police cars were all over the place. And, finally, a community service policeman pulled up and said, do you think I could jump it? And he was, like, in the wrong lane too. And I said, we could try. He came around to jump it, and my daughter had already arrived with a little teeny jumper box. It's like a battery box. And this policeman turns around. He tries to block -- the cars are going 75 miles an hour because it's the holiday, and everybody's May 23, 2023 Page 18 running around like crazy people. And they missed that guy, like, three times by three inches. And he's being careful. He parks it on an angle, right. And he gets out with his cones, and they're not slowing down. This guy is like -- I'm saying, you know, you're going to get killed before they kill me, and they should kill me first. And he says -- he says, it's okay. He says -- I can do this, he says. I've just got to be really careful because these people that are coming at me are not watching. They're on their cell phones, and they're going 75 in an air-conditioned cube. And they're just going (indicating). So what happens is, he actually says, I'm going to pull around in front of you before this lady runs me over in the black BMW who's got her phone in front of her face, and he actually pulls around in front of me with a gigantic jumper, and he gets my car running. And he gets in front of me and stops the traffic. And they're not stopping. It's like Paris -- ever been there at the circle? It's insane, right? Nobody does nothing. In any case, I said, you know what? I'm going to actually go before the County Commission next Tuesday, okay, and I'm going to -- shout-out for you. And oddly enough, 20 minutes later, I'm at Panera. This guy is already at Panera handling a violent situation, a very bad situation. He was defusing it. And his name -- and, of course, you can't just call up and find out a policeman's name, so I said, give me your card. This is his card. His name is W. Browse or Brows. His badge number is 4616, and I want to shout out and thank him for what he did, because my daughter would have died with me, and that would have been a tragedy. Not because I died, but because my daughter died. And thank -- once again, thank you for all these community May 23, 2023 Page 19 service guys. They handle more than just traffic. They go to everything. They really do, and they're great guys. Thank you. (Applause.) MR. MILLER: Your next speaker is Susan Cone. And she will be followed by Jane Schlechtweg. MS. CONE: Good morning. My name is Susan Cone, and I'm a volunteer with Moms Demand Action for Gun Sense in America, and I am here with some of our other volunteers from our Southwest Florida group to raise awareness about gun violence in our community and offer a solution. We attended the City of Naples council meeting last week to thank the mayor and the council members for issuing a proclamation declaring the first Friday in June National Gun Violence Awareness Day. We were hopeful that the Collier County Commission would join thousands of counties across the country to do the same, but, unfortunately, we were unable to find a commissioner willing to sponsor the proclamation. June 3rd and 4th is Wear Orange Weekend. Orange is the color that hunters wear in the woods to avoid getting shot, and it has become the color of the gun violence prevention movement. And I can see that there's a lot of people here with orange shirts on, so we invite you to get them back out that weekend and wear them and join thousands of us across the country to raise awareness about gun violence. And check out wearorange.org and find an event near you. Moms Demand Action is grassroots, nonpartisan, we support the second amendment, and we have over 10 million supporters just like us across the country working together for a future that will be free from gun violence. Education and awareness remain our most valuable tools, so in that spirit, I'm going to share some facts with you. Every single day there are 120 people killed by guns in this country, and over 200 are May 23, 2023 Page 20 wounded. Two-thirds of gun deaths are suicides. 4.6 million children live in a home with a loaded, unsecured firearm. In school shootings, roughly three-quarters of the school shooters get their guns from the homes -- from their home or the homes of friends or family. Guns are the number one cause of death in children between the age of 1 and 19 in our country. So our community is no exception to these statics. Don't fool yourself. So we have a specific ask. We have a program. It's called the "Be SMART" program. It is geared towards adults, and it focuses on education and awareness about how secure gun storage can save children's lives, and we want your help spreading this information. We do presentations in the community. We have printed information and digital information. Some far we have partnered with the Collier County Sheriff's Department, the Collier County public school board, and Naples Community Hospital to spread this information, and we would like your help, maybe some connections. I'd follow up with you -- I will follow up with you with an email, perhaps the Department of Health, but we would like your help. So thank you very much. (Applause.) MR. MILLER: Your next speaker is Jane Schlechtweg. This will be your final speaker under Item 7. MS. SCHLECHTWEG: Good morning, Commissioners. My name is Jane Schlechtweg. I represent the Collier County Democratic Executive Committee, and we are here asking you to support the Moms Demand Action Resolution to prevent gun violence here in Collier County. Susan has given you a lot of good information, statistics on why a program to keep our children safe is important. And I just want to add that because of the recent change in the law where now permitless carry is available to anyone in any mental state without May 23, 2023 Page 21 training can carry a gun, we will probably see a rise in domestic violence. So the Collier County Democratic Executive Committee is urging you to take action and support this resolution. Thank you. (Applause.) MR. MILLER: That's your final speaker on this item. MS. PATTERSON: Thank you. Item #10A RESOLUTION 2023-99: APPOINT THE INITIAL MEMBERSHIP OF THE COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY AD HOC ADVISORY COMMITTEE – * DISTRICT 3 - MOTION APPOINTING JOSHUA MAXWELL BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL – APPROVED; *DISTRICT 4 - MOTION APPOINTING SCOTT SCHULTZ BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; *DISTRICT 2 - MOTION APPOINTING MILES SCOFIELD BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; *DISTRICT 5 - MOTION APPOINTING ALEX GARLAND BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED; *DISTRICT 1 - MOTION APPOINTING JOE SCHMITT BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL – APPROVED *AT-LARGE - MOTION APPOINTING KEN HUMMISTON BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED May 23, 2023 Page 22 *AT-LARGE - MOTION APPOINTING MATTHEW NOLTON BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED Commissioners, that brings us to Item 10, Board of County Commissioners. Item 10A is a recommendation to appoint the initial membership of the Coastal Storm Risk Management Feasibility Study Ad Hoc Advisory Committee, and I will look to County Attorney Klatzkow. MR. KLATZKOW: I would suggest we start with this by going from district to district with the commissioner in the district making whatever nomination you feel is appropriate. CHAIRMAN LoCASTRO: I just want to say one thing to all my fellow commissioners. Thank you so much for shaking the trees, you know, hard. I mean, if you look at the applications we got, I mean, we got not only a good amount, but, boy, some really superstars. I mean, some real citizens who have stepped forward who have deep résumés, and that's what we want on this committee. So, I mean, it goes without saying, I'm sure you're going to shoot notes back to your constituents. But, you know, often that's not the case. You know, we have -- right? -- two seats, two applications. It's not to say that the folks aren't qualified, but in this particular case we got a really nice spread, and thanks to you, Mr. Klatzkow, and your team and the County Manager for making it easier for us and sending us all the -- all the paperwork and whatnot. So I think we've got a good group here to select from. Commissioner McDaniel. COMMISSIONER McDANIEL: Just -- I believe there were some other applicants that weren't -- that didn't actually make this agenda; is that correct? MR. KLATZKOW: That's correct. I sent an email -- a May 23, 2023 Page 23 one-way communication to all five commissioners yesterday. Those were the final applications we received. COMMISSIONER McDANIEL: Okay. Very good. CHAIRMAN LoCASTRO: All right, sir. MR. KLATZKOW: Again, I would suggest you go by commission district number and make whatever nomination you feel appropriate. CHAIRMAN LoCASTRO: Okay. My computer here is totally locked, so, Troy, you're going to have to come up here at the break. I just have a big white screen, and I can't see anything, and I didn't print out the list in front of me. I wanted to pull it up here, but it goes without saying. So, Commissioner Saunders, why don't you lead off. I mean, we don't have the ability to put anything on the screen, do we, on the overhead? MR. KLATZKOW: Troy does. COMMISSIONER SAUNDERS: We have two applicants from District 3, Paul Shea and Joshua Maxwell. Paul Shea has been incredibly active in supporting Collier County. He's on the Planning Commission, the Affordable Housing Advisory Committee, and so he's really very active. Joshua Maxwell has some incredible assets in terms of his experience, as well as does Mr. Shea. I'm going to recommend Joshua Maxwell. Joshua is not involved in any committees at this point and I think will have more time to devote to it. That's not to diminish in any way Paul Shea's résumé and application, but I think, because of his already involvement, that I would appoint Joshua Maxwell. COMMISSIONER McDANIEL: And can I say something? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER McDANIEL: Just -- and, you know, it's -- you mentioned to have this many superstars to pick from is a May 23, 2023 Page 24 wonderful thing, but it's also a curse at the same time. They're -- who we end up choosing to serve on this committee really doesn't diminish anyone else's capacities or abilities. And Commissioner Saunders said that very, very well. Both those -- both those two individuals were -- are very much qualified, and we're all faced with difficult decisions here. MR. KLATZKOW: And I would note there are also two at-large, so after you seat the district commissioners... COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: Yeah. I was going to say that as well. You know, when we have sort of like, you know, a small cadre left over that could have easily been selected, obviously that's going to be our next move. Okay. So, I mean, I just kicked it over randomly to District 3. We'll go district by district. So, sir, is that your nominee? COMMISSIONER SAUNDERS: Yes. CHAIRMAN LoCASTRO: Okay. So we have a nomination. We do this just like a normal -- got a nomination. Do we take a second, and then we all vote in favor, just like we do all the committee, correct? MS. PATTERSON: Yes. CHAIRMAN LoCASTRO: Okay. So I have a nomination. Do I have a second for that -- COMMISSIONER HALL: Yes. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: -- Paul Shea? Nomination and second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. May 23, 2023 Page 25 COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Let me kick it over to District 4. COMMISSIONER KOWAL: Thank you, Chairman. I had 14 applicants, so I'm probably not going to go through all 14 -- CHAIRMAN LoCASTRO: Are we giving out Rolex watches for applications or what? COMMISSIONER KOWAL: Nah. But, you know, I kind of narrowed it down to a few, and, you know, one that I kind of want to represent District 4 and then possibly throw another one in as a possible at-large just because of his background in this particular area. And just, as a representative for, now, for District 4, I'd like to recommend Scott Schultz who's a full-time resident of Naples Cay, who represents both the county and the city in where he lives, an area that was definitely impacted, and it's always impacted just from normal wear and tear from our shorelines, so -- and he carries an abundant résumé from being on boards all over and traveling all over the country representing different governments in different capacities and just well-versed in a lot of different areas. But that's going to be my nomination for District 4 at this time. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Okay. I've got a nomination and second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. May 23, 2023 Page 26 CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Okay. I'll go over to District 2. COMMISSIONER HALL: So I've had -- I got some good -- I got some good people. And I'm going to save one of them for the at-large, because he is like the superstar. So I'm going to pick Miles Scofield. Rocky is what he goes by. Rocky's got a whole -- he grew up here in Naples, and he's got a whole history of hands-on experience on the coastline, and I think he'll be a real asset to the committee. And then I'm going to -- we have a late-comer, Ken Humiston with Moore & Humiston. He's got a master's in ocean -- in coastal management and coastal construction. So I'm going to hold him out for the at-large. But I'm going to nominate Rocky -- Rocky Scofield. COMMISSIONER McDANIEL: I'll second that. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: I've got a nomination 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: Okay. Mr. Scofield passes unanimously. Okay. Go to District 5. COMMISSIONER McDANIEL: I'd like to nominate Alex Garland. May 23, 2023 Page 27 CHAIRMAN LoCASTRO: Okay. I've got a nomination for Alex Garland. Do you have a second? COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. Nomination 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. Where are my District 1 folks on there? Did they not make the spreadsheet? I can only see what's on the screen here, because my screen's gone totally blue. MR. KLATZKOW: There was one in the email I sent. CHAIRMAN LoCASTRO: Yeah. So I'll just cut to the chase then. So we had a few, but I think you all know Joe Schmitt. He serves on a lot of different -- you know, he serves on the Planning Commission, but he also does so many other things. He applied, and I actually reached out and talked with him and a couple of others. What I really like about Joe -- I think you all know -- he has a lot of depth with the Army Corps. Yeah, I got his application. Oh, these are all of them. Thank you, sir. What I really like is not only does he have depth with the Army Corps, but even when he serves on the Planning Commission, he just offers his expertise. He doesn't try to over -- you know, oversell anything, to be anybody else. He doesn't try to take over the meeting as Colonel Schmitt or any of those type of things. So we get his expertise, and I think for this, there's been so much May 23, 2023 Page 28 miscommunication or misunderstanding about what the Army Corps' doing and what we're not doing, that he will really be a steady hand to guide people as far as the Army Corps' responsibilities and then also what is our responsibility, and he, you know, filled out an application very quickly. And, you know, I had a great conversation with him. So I nominate, you know, Joe Schmitt from my District 1 seat. Do I have a second? COMMISSIONER HALL: Second. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Nomination 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. Okay. Now, let's talk about the two at-large seats, and let's get two heavy hitters. Who's got a nomination for an at-large seat? It sounded like Commissioner Hall had one. COMMISSIONER HALL: Yes, sir. Ken Humiston has given us an application late, and I don't know if you've had a chance to see it, but he's got a -- COMMISSIONER McDANIEL: Second. COMMISSIONER HALL: Okay. Good. There you go. CHAIRMAN LoCASTRO: The first thing I just wanted to do first was to see how many of you have at-large nominations, because if we have five, then we have to narrow it down to two, so I don't May 23, 2023 Page 29 want it to be a first come, first served thing. So you have Ken as one. Commissioner McDaniel, do you have an at-large? COMMISSIONER McDANIEL: I'm good with Humiston. CHAIRMAN LoCASTRO: You like Ken? Commissioner Kowal, do you have an at-large? COMMISSIONER KOWAL: Yes, I do. Matthew Nolton. COMMISSIONER McDANIEL: I'll second that one, too. COMMISSIONER KOWAL: He is, like we said, superstars. He comes in, 40 years’ experience when it comes to Florida general contracting, professional engineer licensed in this particular field. He's -- it was told to me, basically, by most people here in this town that he definitely knows what's good for us and what's not. CHAIRMAN LoCASTRO: Okay. COMMISSIONER KOWAL: I mean, that's my recommendation. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Commissioner Saunders, did you have an at-large nominee? COMMISSIONER SAUNDERS: I do not. CHAIRMAN LoCASTRO: Okay. And I don't think I will either. I think we've got -- we've got two. So I'll go. Commissioner Hall, on your nominee of Ken, do we have a second? And I think we did. COMMISSIONER McDANIEL: You did have a second. CHAIRMAN LoCASTRO: So all in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. May 23, 2023 Page 30 CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Commissioner Kowal's already made a motion on his nominee. Do I have a second? COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Okay. Nomination and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: It passes unanimously. those folks have an important job to do, and we'll be looking for their recommendations and their feedback. Okay. County Manager. Item #10B RESOLUTION 2023-100: MOTION APPOINTING MICHAEL RAMSEY, CHRISTINA AGUILERA, KIMBERLY ELLIS, ROBERT RAINES, MARK TEATERS AND APPOINTING RAE ANN BURTON AND AARON ZWIEFEL FOR AT-LARGE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - APPROVED MS. PATTERSON: Item 10B is a recommendation to appoint the initial membership of the East of 951 Ad Hoc Advisory Committee. May 23, 2023 Page 31 County Attorney. MR. KLATZKOW: Yeah, there are no district seats for this one. There are five regular members and two alternates. CHAIRMAN LoCASTRO: So what was that? I missed the beginning of that. Go ahead. MR. KLATZKOW: There aren't any district seats for this. So you've got a list of proposed applicants for this. There will be five regular members, and we're doing two alternate members for this committee. COMMISSIONER McDANIEL: And I'm kind of the one that's instigated this, if you would like me to grab on and have a little discussion. CHAIRMAN LoCASTRO: Yeah. I actually had asked in a pre-meeting why -- you know, where's all the nominees? Why is it only five and three, and then, obviously, if you dig into it, it's really heavy in those two districts, so you would expect you would want your nominees to be. So, sir, I'll turn it over to you. COMMISSIONER McDANIEL: Sure. Thank you, Mr. Chair. The -- in 2006, I believe, Commissioner Coletta established a committee called the East of 951 Committee, Horizon Study, East of 951 Horizon Study Committee, and they scheduled the first meeting for that group in October of 2006, and no one had consulted with me about my travel plans for Colorado and things that I was doing outside, and I missed the first meeting. And Russell Priddy was one of the nominees that was on that committee, and when he looked around the room and didn't see me, he was like -- COMMISSIONER HALL: He became president. COMMISSIONER McDANIEL: -- I thought McDaniel was on this committee. And they said, oh, yeah, but he's off in Colorado. And he said, well, I'll nominate him to be chair. So there I was two years later serving as chair of that committee. I found it to be May 23, 2023 Page 32 invaluable to the community, to the residents, the information that was disseminated to the residents about what is transpiring in Eastern Collier County. The entire premise was to go through departmentally what was, in fact, transpiring and then have the community make recommendations to the Board of County Commissioners. For what it's worth, all of those things transpired except for the last, and that was after the Board was -- the 19 recommendations that that committee actually came forth with, not many were actually effectuated. So the dynamics of Eastern Collier County east of 951 are rather tricky, just -- there's a couple of independent organizations that are doing their thing out there. I do a monthly "Evening with the Commish" that I do once a month on the second Wednesday of each month. So my thought was, let's try to regroup the East of 951 Horizon Study, call it the 2.0, and bring in some community leaders and re-establish this committee. So I've gone through the list and, Commissioner Saunders, this -- this group encompasses both of our districts after the redistricting that recently transpired, so -- and I think the way we have this set up is five with two alternates. MR. KLATZKOW: Yes, sir. COMMISSIONER McDANIEL: I believe that's the case, so -- and I'm -- I'm going to lean over to Commissioner Saunders and ask how you -- how you wish to proceed with this. I mean, I think probably the goal would be for us to come up to a consensus of the five with two alternates and then have the balance of the Board ratify it. COMMISSIONER SAUNDERS: Well, there are three applicants -- pardon me -- from District 3, and there are about six -- or eight or nine, I guess, from District 5. I'd like to make sure May 23, 2023 Page 33 that there's some representation from District 3 on the original five. COMMISSIONER McDANIEL: Absolutely. COMMISSIONER SAUNDERS: And then, of course -- and so -- and you probably know these folks a little bit more than I do, but I do want to see Michael Ramsey to be on the committee. COMMISSIONER McDANIEL: Okay. I also like Christina Aguilera. COMMISSIONER SAUNDERS: Okay. Good. COMMISSIONER McDANIEL: She's very active in Immokalee, lives in District 3, and Christina's -- I think she -- if I'm not mistaken, she currently serves on -- or did serve on either my -- our CRA or MSTU in Immokalee as well. COMMISSIONER SAUNDERS: Then I have no issues with the other five appointees coming from District 5. COMMISSIONER McDANIEL: Okay. Well, I'd like to -- I'd like to nominate Kim Ellis. I'd like to nominate Bob Raines. I'd like to nominate Mark Teaters. MR. KLATZKOW: I count that as five. COMMISSIONER HALL: That's five. MR. KLATZKOW: And then you need two -- COMMISSIONER SAUNDERS: Christina Aguilera and Michael Ramsey. COMMISSIONER McDANIEL: Right. One, two, three, four, five. Those will be the -- those will be the five primary. And then as far as alternates go, Rae Ann and/or Jill and Zwiefel. Zwiefel is the other one -- is the other name. Aaron so -- and Aaron's done a very good job. So I'd like to -- I'd like to nominate as the alternates Rae Ann and Aaron Zwiefel. Okay with that? CHAIRMAN LoCASTRO: Yep. COMMISSIONER SAUNDERS: Yeah. I'll make a motion to May 23, 2023 Page 34 approve those seven appointees. CHAIRMAN LoCASTRO: Okay. Commissioner Hall's lit up. Was it about this, or is that old? COMMISSIONER HALL: No. CHAIRMAN LoCASTRO: Okay. So we've got a motion to nominate five seats and two at-large. I've got a motion. Do I have a second? COMMISSIONER McDANIEL: Second. COMMISSIONER HALL: 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: Okay. All seven pass unanimously. COMMISSIONER McDANIEL: Okay. Item #11A CONTINUATION OF THE COLLIER HEALTH SERVICES, INC., COMMUNITY HEALTH WORKERS TO ADDRESS HEALTH DISPARITIES AMONG THOSE AFFECTED BY MENTAL HEALTH AND SUBSTANCE ABUSE AND APPROVE THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT-CV AND STATE AND LOCAL FISCAL RECOVERY FUNDS TO SUPPORT THE PROJECT - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY May 23, 2023 Page 35 COMMISSIONER SAUNDERS – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11A. 11A is a recommendation to approve the continuation of the Collier Health Services, Inc., Community Health Workers to address health disparities among those affected by mental health and substance abuse and approve the use of Community Development Block Grant-CV and State and Local Fiscal Recovery Funds to support the project. Ms. Kristi Sonntag, your Community and Human Services Division director, is here to present. MS. SONNTAG: Good morning, Commissioners. Would you like me to go through the presentation or -- CHAIRMAN LoCASTRO: Please. MS. SONNTAG: -- or answer some -- okay. All right. With that being said, the item before you today is the funding to support the Collier Health Services Community Health Worker Program. First some history. The Board directed staff following their February 28th, 2023, Board meeting to look for alternative funding sources to support the continuation of the outreach program for primary healthcare services. Staff has identified funding to support the Healthcare Network program through December of 2024. The funding includes $125,625 from Community Development Block Grant and the -- through September 30th of 2023 and 315,000 from State Local Fiscal Recovery Funds from October of 2023 through December of 2024. The proposed project will actually include two agreements because there are two different funding sources. The scope of service will include six community support healthcare workers that will focus primarily on mental health and substance abuse. They May 23, 2023 Page 36 will offer primary care referrals, they will offer referrals for mental and substance abuse services. In addition, they will conduct mental health and substance abuse outreach events. The outcomes proposed under the agreement, we would look at the number of clients served, the number of referrals to provider agencies, so including medical and mental health agencies, and we would also include a measurement of outreach events. The project would be evaluated through Florida Gulf Coast University, as the State and Local Fiscal Recovery Funds require those funds to be evaluated by an independent evaluator. So the recommendation is to approve the continuation of the Community Health Worker Service contract using Community Development Block Grant and State and Local Fiscal Recovery Funds. With that, I'll take any questions. CHAIRMAN LoCASTRO: I have one, but Commissioner Saunders, I'll go to you, sir. COMMISSIONER SAUNDERS: Pardon me. Quick question. You've said this, but I just want to clarify, make sure it's clear on the record. I've gotten some requests for justification for using county tax dollars -- ad valorem tax dollars for this type of a program. I believe, from what you've presented, that there are no Collier County ad valorem tax dollars in this appropriations request. MS. SONNTAG: You are -- you are correct. COMMISSIONER SAUNDERS: I just wanted to make that clear. MS. SONNTAG: The funding sources are both federal in origin: Community Development Block Grant, that comes from Housing and Urban Development, and State and Local Fiscal Recovery, which comes from the U.S. Treasury. COMMISSIONER SAUNDERS: Thank you. May 23, 2023 Page 37 MS. SONNTAG: You're welcome. CHAIRMAN LoCASTRO: I know we have some public comment. Let me go to Commissioner Hall first. COMMISSIONER HALL: I've had some additional concerns about why we partner with certain people. And so I asked the question yesterday. So just for the record, I want to clear it up. Why do we partner with NGOs with grant money or with other things? And the answer was a good answer, and it was so that we can provide services to Collier County residents that the county normally does not -- does not provide, and that is the reason for the partnership. What is the process for maybe allowing -- is there competition? How do we decide who we partner with, or is there just, like, one game in town? MS. SONNTAG: To answer your question, Commissioner, annually, about January 6th of every year, my division offers an application round for grant funding. We include state -- any state funding that we may have, we include our federal funds in that application round. It is open to the public. It's a two-part process. So the first part of the process is you have to put your project in our system. We evaluate your project for eligibility and if it meets with the terms of the grant funding, and then we have you come back, do a full application. Then there is a review and ranking committee that is made up of community members that is approved by your County Manager. That review and ranking committee hears all the projects, reviews all the applications. They rank them in order. They decide, you know, what funding source is best for which project, at which point then the County Manager says, yes, you know, those look good. Go ahead and do your pre-award process. We do that, and then all those agreements come back to you as a Board for ultimate approval. May 23, 2023 Page 38 COMMISSIONER HALL: So it's well thought out and well planned? MS. SONNTAG: Yes, sir. And it happens every year, same time, January. CHAIRMAN LoCASTRO: Mr. Miller, how many public comments do we have? MR. MILLER: We have seven registered speakers on this item, Mr. Chairman. CHAIRMAN LoCASTRO: Let's go to public comment. MR. MILLER: I would like to ask the commenters to queue up at both podiums. Andrea Werder will be followed by Richard Schroeder -- Schroeder, excuse me. Either one, ma'am. MS. WERDER: Hi, everybody. I'm a homeschool government teacher, and I'd have to say these last three years, you guys have really, really made me do my homework. It's really interesting to try to teach the Constitution with kids and to try to tell them what is -- what is the essence of what government does for us. Well, we're here to do what? Pursue life, liberty, and the pursuit of happiness. Well, what happened three years ago and even up till three years ago? That was the question my high school students had for me. How would each of one of you commissioners -- how would you answer that question to a high school student? Well, I know I can't ask you that right now, but I want you to ask yourselves that, please. I want you to think about what we parents suffered when our college children were coming back and being force vaccinated because of some NGO program, okay. Everybody's passing the buck, but as a high school teacher and as a homeschool mother, I had to look my children in the eye and tell them why they had to put a face diaper on themselves, why they had to tremble in the presence of a police officer, and why their mother May 23, 2023 Page 39 has to go to commissioners meetings and explain the difference between an NGO government law and how that all filters into life, liberty, and the pursuit of happiness. Now, I only have three minutes here to speak with you-all, and I'm kind of glad for that, because my feelings are a little bit hurt by this, because I feel like games are being played. When I had to say, what is an NGO, I understand that there are some good NGOs. Of course there are. But there's plenty of non-good -- what did I have to say? NGOs, no-good organization. Okay. So how do you know the difference between the two? Because there are good, and there are bad. Well, you guys are here to figure out that difference, and you guys get to listen to the professionals. As a high school homeschool mom, I didn't get to do that. I had to go out and ferret and figure out who was good, who was on our team, who was for life, liberty, and the pursuit of happiness, and I think we're all getting to know our answers. But the good news is, we're all still breathing, okay. When you know better, you do better. And what does it take for a country to fall? For a few good men to do nothing. Thank you all very much. MR. MILLER: Your next speaker is Dr. Richard Schroeder. He'll be followed by Beth Sherman. DR. SCHROEDER: Thank you. Good morning, Commissioners. Richard Schroeder, retired physician speaking to the Partners in Health Community Health Workers Block Grant. As noted in the Naples Daily News, Partners in Health create strong partnerships. This implies a partnership with their generous supporters, which include George Soros, Open Society Foundation, the Bill and Melinda Gates Foundation, Pfizer, Gilead, and GlaxoSmithKline, among others. It is evident from the news article May 23, 2023 Page 40 that the primary interest of Partners in Health, HGN, was getting as much mRNA technology beneath the skin as possible. This undoubtedly stems from their financial heritage of the Bill and Melinda Gates Foundation, the primary driver behind the multipurpose bioweapon development, also known as the mRNA COVID-19 vaccine. The intent behind the mRNA technology was recently brought to light by biomedical and med/legal researcher Karen Kingston, whom I believe you all know and have heard before, who found that Pfizer made a decision in 2016 to create diseases using mRNA technology then to develop and use and market gene editing technology to treat these diseases. So the prospect that we are not going to see more mRNA technology pushed by Partners in Health via their generous sponsors would seem to be slim to none. Strong corroborating evidence comes from Dr. Jim Thorp, a maternal-fetal medicine specialist with 45 years' experience and reams of data who says -- who just -- who published an article recently that says the DOD, DARPA, BARDA, CDC, and the FDA have put together a three-year plan and injected it with billions of dollars to promote the mRNA injections. Year 3 of that plan would be 2025, so it looks like that will be coming back with a vengeance. I will also counter the argument and comments you're likely to hear that we will only use this money mainly for screening chronic diseases, mental health, and so forth. Screening for chronic diseases in and of itself can be a problem, especially in "healthy populations" where it's been shown to lead to more invasive, expensive testing, more unnecessary surgery, and, of course, more pharmacological intervention with its attendant side effects and inflated expenses. And I'm not even going to get into what a big pharmaceutical bonanza the mental health field has become. We're fighting a big medical industrial juggernaut here, and we need to understand what's May 23, 2023 Page 41 at stake. Whether the funding is coming from the local, state, or federal government is immaterial. I advise not authorizing our tax dollars for this purpose. Thank you. MR. MILLER: Your next speaker is Beth Sherman. She will be followed by Scott Sherman. Beth Sherman's been ceded additional time from Marge Heinzel. She is here. And Mary David -- Deveas-Pitzi. I hope I'm saying that close to right. Mary, are you here? (Raises hand.) MR. MILLER: So she'll have a total of nine minutes. MS. SHERMAN: Good morning, Commissioners. Nice to see you again. I'd like to say thank you for the small victory with returning the CDC money; however, what I realize is that it is a symptom of a much larger problem. The problem is that our county took $74.8 million of federal funding from the American Rescue Plan which was in partnership with the CARES Act and the U.S. Federal Treasury Department. The government then laid out exactly where you could spend it. They even put it into convenient categories like mental health, PPE, public health, and much more. Sounds great, right? Many people may not see an issue with this. I, for one, do. We can no longer continue to take federal and state grant money without looking at the long-term and contractual obligations to them or whom they require you to partner with. From browsing through the American Rescue Plan that you signed on to in 2021, which is where the original Migrant Farmworker Grant came from, listed on Page 19, I find some troubling connections I would like to point out. We took a federal grant and allocated it out to federally-approved subcontractors. Two May 23, 2023 Page 42 out of five of those are local government agencies, and three out of five are NGOs. So, basically, we took in federal money, gave it to federally approved subcontractors that are nongovernmental agencies. Does that seem like flawed logic to anyone? Because it does to me. The definition of an NGO is a group that functions independently of any government and is usually non-profit. If they function independently from government, then why are they funded by tax dollars? Now, I'm not an expert, but it sure looks like the federal government's goals are being implemented at a local level through nongovernmental organizations. That's top-down control which always leads to dictatorship. You are working with NGOs and a health department who got it so wrong during COVID. They're working under guidelines of the CDC and NIH. We have showed you already how wrong these three-letter organizations were during COVID. So why are we still working with them and using NGOs who follow their direction? Why do you trust their judgment in anything moving forward? In this document, there's a hyperlink that goes to the NIH where it states that they are aligned with the UN 2030 sustainability goals. Besides the federal government, these NGOs are taking funding from globalist groups that don't have the welfare of the American people or this county in mind, such as the Clinton Foundation, Open Societies, Big Pharma, and many more. The Collier County Community Health Coalition Partners were all responsible for driving up the case numbers in Immokalee in exchange for a positive COVID test under the guise of paying their rent. They got cash for a positive COVID test. That includes Healthcare Network. That's where this grant money was used, to drive panic and fear into this community. So why should we give this NGO a grant to fund the salaries of May 23, 2023 Page 43 their employees? They are a nongovernmental agency. I believe that means local government should not be funding them. They have operated in the county for 40 years without assistance of local government, so why should we pay their salaries now? In fact, why should we pay the salaries of any organization other than local county employees? Why else do I think funding Healthcare Network through a mental health grant is a bad idea? Well, Healthcare Network has a new mental health facility at Nichols Community Center. They state at the bottom of this website that it is a, quote, health center program grantee under 42 U.S.C. 254b and deemed public health service employee under 42 U.S.C. 233 g through q. Its employees, qualified contractors, and volunteer health professionals are deemed to be public health service employees under 42 U.S.C. 283 g through q. The legal liability of the Health Center and staff is limited pursuant to the Public Health Service Act. Well, the Public Health Service Act is a federal law that was enacted in 1944. The act established the federal government's quarantine authority for the first time and gave the U.S. Public Health Service responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the U.S. This NGO -- which I'm not even sure how they can call themselves an NGO, "nongovernmental," without a chuckle, since their new mental health facility states that they are a public health service employee -- is wanting us to fund their efforts through a grant that, if deemed necessary, will lead to quarantine authority. That's messed up. It really is. If we truly want to do good for this community and help the migrants in need, then I would suggest making tailored programs run by the county to do such a thing; however, since we took the federal COVID grant, it appears we are just checking off boxes to fulfill our May 23, 2023 Page 44 commitments to the contract. If we want to see positive change in this county and this nation, we need to stop doing things because it's what we've always done and strive to do the best, the best for the people, not the institutions. Thank you. MR. MILLER: Your next speaker is Scott Sherman. He'll be followed by Kathy Maines. Mr. Sherman's been ceded additional time from Milton -- and, Milton, I can't really read this last name. If you'll just raise your hand if you're here, Milton. (Raises hand.) MR. MILLER: Oh, I see him. Thank you. So he'll have a total of six minutes. MR. SHERMAN: Good morning, Commissioners. Thank you for listening to me today. My name is Scott Sherman, for the record. And I come to you today as a father of someone who needed mental health services here in Collier County, and I'm here today to discuss the evidence-based medicine from both of these perspectives, because this document, the rescue plan, says they go by -- it says we go by, as a county, evidence-based medicine. When my youngest daughter was 12, her mother died. Her situation was exacerbated by her diagnosis of Asperger's syndrome, a less severe form of autism. She moved to Florida with me, and over the next five years, we spent thousands of dollars and hundreds of hours in mental health therapy. My least favorite experience was actually with the David Lawrence Center, which our county funds. The reason I had a problem with them was their primary solution is to put their patients on antidepressants. So when we read that we're distributing this -- all this money, it's 29.6 million for the healthcare side -- on evidence-based medicine, I feel the need to point out the following peer-reviewed evidence. May 23, 2023 Page 45 The institute for quality and efficacy in healthcare out of Cologne, Germany, published in 2006 and updated it in 2020, their conclusion was that antidepressants helped improved symptoms in 20 out of the 100 people. Psychothripsycosim (phonetic), published in -- July 9th of 2010, a meta-analysis of the largest antidepressant effect this trial ever conducted, the FDA trials suggested antidepressants -- THE COURT REPORTER: Can you please slow down? MR. SHERMAN: Okay. The FDA trials suggested antidepressants are only marginally efficacious compared to placebos. So at least it appears that antidepressants in the meta-analysis are about 25 percent effective at two years. So let me tell you about that -- we're going to do a tire analogy. And as you go to the best tire shop in town, and he says, you're going to love these expensive tires I'm going to sell you because one of them will still be working in two years. You're going to give a thousand dollars to that guy? I'm not. And this is $29 million. Okay. So let's keep going. Let's look at the COVID evidence. Did you know that the study cited by our school board to justify masking of our children was actually a white paper released by NCH? Its evidence showed that with full PPE, their staff exhibited a 1 percent improvement of viral transmission wearing goggles, gloves, mask, and gowns. So according to our Collier County 2021 performance report, we are giving them $2 million for distribution of PPE that has a lower efficacy than antidepressants. So to continue with my tire analogy, you're happy that only one is still going to be working in two years. He says, oh, but I'm going it sell you a cloth that you can put on every day, a new cloth every day, and I'm going to generate a lot of pollution and a lot of time and May 23, 2023 Page 46 extra time and effort on your part, and you might get a 1 percent improvement in your tire performance. So this is what we're talking about. These are the kind of evidence-based medicines that we're doing here. So, in conclusion, all the solutions offered during COVID by our leading healthcare organizations that we're funding, including Healthcare Network, resulted in stricter controls on our population and record profits for pharmaceutical companies. So we'd like to move this county in a direction to stop taking money from these global entities and from the federal government. These are our tax dollars. I mean, it's -- the lady said that it's not funded by, you know, our local county ad valorem, but if you're getting it from federal government, remember, that's our tax dollars too. So we're using tax dollars. And we'd rather have local solutions to start by. So one of the things I would like to suggest is that this board request -- or instruct our Collier Health Department to compile and release an all-cause mortality rates for the last six years in total and broken out in the top 10 killers. No interpretations, just the numbers. My research indicates that during the worst pandemic we have ever experienced, no more people died on average than the previous five years; however, once the vaccination was rolled out, the overall moratorium spiked. This means one of two things: The vax is killing people, or the vax makes you more susceptible of dying of other things. My opinion is clearly anecdotal, but correlation often points to causation. So maybe a vax injury study should be funded with some of this money. So find some local doctors who have no ties to Big Pharma, and ask them to look into these numbers, please. So we can't just let the mistakes that happened during COVID be ignored by just continuing to fund the same people doing the same May 23, 2023 Page 47 things, and we would like to find some local alternatives. Thank you very much. MR. MILLER: Your final speaker on this item is Kathy Maines. Kathy Maines? (No response.) MR. MILLER: And there is no one on the fifth floor, so... One more time, Kathy Maines. (No response.) MR. MILLER: All right, sir. That is it. CHAIRMAN LoCASTRO: Okay. Commissioners, do you have any questions of anyone or any statements at all? (No response.) CHAIRMAN LoCASTRO: And, Commissioner Hall, what you had said to lead us off is the same sort of feeling I had initially when I sat down with the county staff. I mean -- I mean, I appreciate -- I'll just open it up, since everybody's, you know, sort of here trying to think of what they want to say, is I think it's really -- first of all, I wouldn't say that it was a minor victory on the CDC. So when this room was packed and we sat here for hours, you know, I mean, one -- once you sort of get the outcome you want, I guess it's easy to kind of downsize it. But I think you would have called it a minor loss had we all not have been in agreement with that. So I don't want to discount the efforts that we did up here to dissect the 10 different angles of the CDC money. But that decision's already -- already been made and come and gone. And I stand by my vote, and I think my colleagues do as well. You know, one thing that I just say as an opening statement is having heard everybody very clearly, it's quite dangerous to just say when we accept federal money, there's a whole bunch of negatives. There's hundreds if not thousands of people in Collier County May 23, 2023 Page 48 whose lives were basically -- you know, I say "lives," but lifestyles were saved during COVID and during hurricanes from federal money that we got from FEMA, federal money that we got to pay their rent for two years, federal money that they got to augment their lost job. So, you know, let's not lump everything. You know, if you marched all those people in here that -- and they did march in here saying, you know, why weren't we giving out more money. So, you know, you can't say what's good for the goose isn't good for the gander kind of thing. But also, too, the peanut butter spread -- you know, we take everything on face value. So there are plenty of people screaming in here saying, where's the federal dollars? Where's the FEMA trailers? Where's the money to help us with our rent during COVID? And that seemed all okay to everyone. In fact, we were all getting chastised that we weren't handing out the money fast enough. Then we found out during an audit that this was one of the few counties that actually did it correctly where some others are still in litigation for being Santa Claus and not actually filling out the form properly. So I thank Ms. Sonntag for standing by her guns and making sure that we followed the, you know, state and federal guidelines. But having said that, I don't know if my colleagues here feel like we need to do a, you know, deeper dive on this. I mean, I have some concerns just making sort of a rubber stamp and saying, oh, my God, more federal money. We definitely don't want to do that because there's a million negative things with it, and then we turn our back on something that actually helps in a lot of other areas that aren't COVID, aren't face diapers, aren't all these other things. So I want to make sure that we've done our homework as well. And I know that I've spent a lot of time speaking with the various agencies and with our county staff on this, just like I know we all did May 23, 2023 Page 49 for hurricane relief, for, you know, rent relief and housing assistance. And, you know, all those had a federal stamp on it as well. And in the words of our County Attorney, if strings are attached, we can -- we can always address that, you know, when the time comes. And I'm not saying that's our fallback position. But, anyway, those are just some opening comments. I don't have a predetermined vote or anything right now, because I do value the opinions of not only the citizens but my colleagues. So I'll go to Commissioner McDaniel, and then, Commissioner Saunders, you're on deck. COMMISSIONER McDANIEL: Thank you, Mr. Chair. You know, I -- we all lived through some really tough times with the -- with the virus, and the medical data that, Doc, you and I talked about on a regular basis with regard to the manipulation of the data sets and the information that was put out by the CDC and who was actually passing away and what they were passing away from. At the end of the day, money is fungible. I had an enormous amount of experience with the Healthcare Network for the care of the folks in Immokalee. I didn't agree -- as virtually everyone knows, I didn't agree with the mandates and the things that were put out by those agencies, if you will. But I watched. I watched what the Healthcare Network did for the community of Immokalee. The greater good, ultimately, was served. I saw no -- I saw no forcing of vaccines. I saw no forcing of wearing masks. We went through -- we went through some of the processes and procedures. And, again, medical directors -- the executive director of the organization at that particular time was taking information that she, in fact, thought was best. She's now moved on. There's another executive director of that organization. And just to share a little story. When I was -- when I was over meeting with him last fall, there was a lady that came into the Nichols May 23, 2023 Page 50 Center, heavy, heavy, heavy with child when she was about to bear a child, literally. She was standing in the waiting room trying to get an audience with somebody. And I went on through, got a tour of the mental health facility, and so on and so forth. And when I came back down, that lady was in one of Collier County's ambulances underneath the vestibule out front giving birth to that child. So all that notwithstanding -- but, you know, you can draw a lot of correlations, a lot of potential circumstances that can come from taking grant money, utilizing grant money. But I sincerely believe that what you said, Mr. Chair, can be, should be, and will be a fallback, if necessary -- not necessarily a fallback, but the lead, and that is -- you know, we're not going to react to those type of mandates and edicts and directives that come from these -- from these agencies. I mean, we -- Commissioner Hall, you led the charge on the return of those initial grant monies, and we even sealed that deal by putting back the money that was already taken in advance to the -- to this organization. And I'm -- I personally am not fearful of utilization of this money to support -- to support that community. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I was actually going to ask Commissioner McDaniel a couple questions about the use of those funds and the benefit to the folks in -- basically in District 5. It's mostly Immokalee, and I think Everglades City, perhaps, there's some, but mostly -- mostly Immokalee. The issue we dealt with several months ago was the mandates from the CDC and the fact that we did not want to be subject to those mandates. We've eliminated all that by canceling that grant. And I think the sense of the Board was that this medical program in the May 23, 2023 Page 51 Immokalee community was very important to those folks that are receiving those services and that we unanimously wanted to proceed with a way to fund those. And I don't -- I'm not persuaded by what I've heard today that we are doing something that would be inappropriate in the use of grant funds for this project. I think the project is beneficial, as articulated by Commissioner McDaniel, and as agreed upon by all five of us several months ago. So I don't have any problem in moving forward with this. CHAIRMAN LoCASTRO: Okay. I don't see anybody else lit up. Do I have a motion to pass this recommendation? COMMISSIONER McDANIEL: I'll make the motion. CHAIRMAN LoCASTRO: Okay. I've got a motion. Do I have a second? COMMISSIONER SAUNDERS: I'll second it, Mr. Chairman. CHAIRMAN LoCASTRO: 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. COMMISSIONER HALL: Could I make a comment, Commissioner -- Chairman? CHAIRMAN LoCASTRO: Absolutely, absolutely. COMMISSIONER McDANIEL: You've got to light you up. COMMISSIONER HALL: I never did light up. CHAIRMAN LoCASTRO: It's all right. May 23, 2023 Page 52 COMMISSIONER HALL: But I just had a -- I just had a thought. I appreciate the comments, and I appreciate the concern. And what I would like to see going forward is as much research that is done from the public -- to backtrack and to assume what we're doing is not correct, I would like to see the research go forward and bring viable solutions and opportunities for us to act on what you think is better. We represent you. And as far as this decision, I think it's a good decision. Mental health is a big deal. Substance abuse is a bigger deal. And if we can take a small amount of money and fund good, solid workers that are out there trying to make a living, they're not the ones with the conspiracy. They're not the ones in cahoots with whoever the evil parts are. They're out there, and we're funding their job so that they can go do services in our community. So I would just like to see that going forward, for the research to be what we can do to make that better or get with human services in January when the new process starts over. We found these people who we feel would be really reliable and better suited to meet the needs of our community. So I just wanted to say that going forward. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER McDANIEL: That's a great idea. COMMISSIONER KOWAL: Thank you, Chairman. I look at this philosophically. I mean, we look back -- and I had the opportunity to actually sit down with the new director, because I believe -- he wasn't director when all the CDC and all that stuff came about. He came in after the fact, and I had actually had an opportunity to sit down with him -- James, I believe his name is -- a few weeks ago, and we just had a good talk. I mean, he's a U.S. Army veteran, retired airborne. You know, he did a lot of service to our country. He's very decorated, came out as an officer out of the U.S. Army. May 23, 2023 Page 53 And, you know, we talked about real-life cases where his community health workers were out in the field and talked about a few cases where they actually intervened where they saved some lives. So the question I ask, a lot of people that do a lot of research and do the old, you know, Six Degrees of Kevin Bacon, you know, if you ever heard that, I can connect any person in this room to somebody you don't like or dislike in some way if I research deep enough. And so my question is, what is the price of a human life? Can anybody put a number on that? UNIDENTIFIED SPEAKER: The government does. COMMISSIONER KOWAL: Human life is different between me and you, right? Because a loved one would be more to you than maybe to me. It would be priceless. So when we look at these sometimes, we have to look at the greater good and not so much the George Soroses and the Gates. Because you think once a human life is saved by this organization, George Soros gets angry because his money was used to do that? Does he pull his money back? We have to look at this with open eyes sometimes. And when you're on a crusade, pick your battles. Pick your battles, because it diminishes your work on the crusade sometimes. That's all I'm going to say. Thank you. CHAIRMAN LoCASTRO: County Manager, what I'm going to propose, so that we can have a nice fresh start with The Haven -- I know it's no sooner than 10:00. It's 10:26. Let's come back at 10:35 so people can use the bath -- we'll say -- let's say 10:40. There's a lot of people here. People want to use the restroom. People want to get a drink of water. There's not a lot of availability out there. So we're going to say 10:40 so then we can come back refreshed and really jump into that one. May 23, 2023 Page 54 MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: We'll resume at 10:40. (A brief recess was had from 10:25 a.m. to 10:40 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: I'd just remind everybody to please put their cell phones on silent. We've got a lot of material to cover. I'd like to have it a little quiet in here so we can -- we can hear, and we don't have to hear your song of the day. Okay. County Manager, we're going to roll into 9B, obviously, right? Item #9A (Companion to Item #9B) ORDINANCE 2023-27: TRANSMIT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY A SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT ORDINANCE CREATING THE AIRPORT CARLISLE MIXED-USE SUBDISTRICT TO ALLOW THE CARLISLE ASSISTED LIVING FACILITY (GROUP CARE, CARE UNITS, NURSING HOMES, ASSISTED LIVING FATALITIES, AND CONTINUING CARE RETIREMENT COMMUNITIES) WITH A MAXIMUM OF .65 FLOOR AREA RATIO AND UP TO 336 MULTIFAMILY DWELLING UNITS, OF WHICH 76 WILL BE RENT RESTRICTED AS AFFORDABLE ON 27.78 PLUS-OR-MINUS ACRES, LOCATED SOUTHWEST OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA – MOTION TO APPROVE W/CHANGES BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – APPROVED 4/1 (COMMISSIONER HALL OPPOSED) May 23, 2023 Page 55 Item #9B (Companion to Item #9A) ORDINANCE 2023-28: A REZONING ORDINANCE FOR THE HAVEN AT NORTH NAPLES MPUD TO ALLOW THE CARLISLE ASSISTED LIVING FACILITY (GROUP CARE, CARE UNITS, NURSING HOMES, ASSISTED LIVING FACILITIES, AND CONTINUING CARE RETIREMENT COMMUNITIES) WITH A MAXIMUM .0 -- OR .65 FLOOR AREA RATIO AND UP TO 336 MULTIFAMILY DWELLING UNITS, OF WHICH 76 WILL BE RENT RESTRICTED AS AFFORDABLE, ON 27.78 PLUS-OR-MINUS ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPROVE WITH CHANGES BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO - APPROVED 4/1 (COMMISSIONER HALL OPPOSED) MS. PATTERSON: We're going to hear our time-certain item of 9A -- CHAIRMAN LoCASTRO: Or 9A, I'm sorry. MS. PATTERSON: -- and 9B, which are companion items. And these -- I'm going to read these two into the record for you. This -- 9A is a recommendation to approve and transmit to the Florida Department of Economic Opportunity a small-scale Growth Management Plan amendment ordinance creating the Airport Carlisle Mixed-Use Subdistrict to allow the Carlisle assisted living facility (group care, care units, nursing homes, assisted living fatalities, and continuing care retirement communities) with a maximum of .65 May 23, 2023 Page 56 floor area ratio and up to 336 multifamily dwelling units, of which 76 will be rent restricted as affordable, on 27.78 plus-or-minus acres, located southwest of the intersection of Orange Blossom Drive and Airport Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida. Its companion, Item 9B, this item does require that ex parte disclosure be provided by the commissioners, which we'll do next. And this is a recommendation to approve a rezoning ordinance for The Haven at North Naples MPUD to allow the Carlisle assisted living facility (group care, care units, nursing homes, assisted living facilities, and continuing care retirement communities) with a maximum .0 -- or .65 floor area ratio and up to 336 multifamily dwelling units, of which 76 will be rent restricted as affordable, on 27.78 plus-or-minus acres located southwest of the intersection of Orange Blossom Drive and Airport Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida. With that, we need to do our ex parte. CHAIRMAN LoCASTRO: Okay. I'll start with Commissioner Kowal on 9A and/or 9B. Do you have any disclosures? COMMISSIONER KOWAL: Yes, I do. I have meetings, emails, and calls. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I do have -- I had meetings, correspondence, and telephone calls as well. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I've got it all: m38eetings correspondence, emails, calls, letters, everything. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I, as well, have had meetings, emails, and calls. May 23, 2023 Page 57 CHAIRMAN LoCASTRO: Okay. And I have meetings, correspondence, and emails. Okay. MS. PATTERSON: Now we need to do the swearing-in for the testimony. CHAIRMAN LoCASTRO: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN LoCASTRO: Alls I would remind the crowd, we've had some really, really maybe controversial discussions in here, but big groups before. We've had some very difficult, you know, votes, but they were always professional and mature. So I would just tell you, you know, as I've told the other groups before, we don't want to turn this into a clown show. This is important. This affects our community regardless of how we vote. So, you know, cheering and hooting and hollering and all that, you know, that's how they did it on The Jerry Springer Show. That's not what we do here. We have professional discussion. We want to hear from both sides. We want to be respectful from both sides. So when you're at the podium, if you wanted the other side to boo you or heckle you or scream or clap or whatever, you may or may not want that. That's not what we do here. So -- and also, too, when the red light goes off, we're not here to cut off. Don't want you to continue to make an 11-minute speech, but monitor the lights. And, you know, as the lights go on, it's a reminder to you to start to wrap it up. Nobody's here to bang the gavel and cut you off. We want to hear from everyone so that we get as much information as possible before we vote. So we're all in this together. Shut off your phones. Let's be respectful to everybody, and let's have a good healthy discussion here May 23, 2023 Page 58 because there's a lot of moving parts. Having said that, I guess, Mr. Yovanovich, you probably are going to open this up, I would expect, correct? MR. YOVANOVICH: Yes, sir. MS. PATTERSON: Correct. CHAIRMAN LoCASTRO: Okay. The floor is yours. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant. The applicant is Johnson Development Associates. I have several people with me here today who can answer any questions regarding the project. Kerry Ann Wilson is with Johnson Development. She's heading up this project from a development standpoint. Johnson Development is not new to Collier County. This would be their third project in Collier County if it is approved. The first project was approved at the corner of Livingston and Radio Road in the Briarwood development. It's known as Lago. The second project that was approved is right across the street, the redevelopment of the shopping center, Courthouse Shadows, and that's Marea. So this would be the third project in Collier County for Johnson Development. Brett Boyd has worked with us on a few projects. Briarwood was the first one, and this is the second one, helping us with Johnson Development and coordinating for them. Bob Mulhere is the professional planner on the project. I'm the land-use attorney on the property. Norm Trebilcock is our transportation consultant. Tim Hall is our environmental consultant. Jeremy Chastain is a planner with Hole Montes who worked on this, and Terry Cole is in -- will be addressing any engineering-related questions that you may have regarding the project. I'm going to do a brief overview of the project. I'm also going May 23, 2023 Page 59 to take you through how we arrived at this 22.6 percent affordable housing commitment. There's math behind it on how we got to that. I'm not sure everybody in the audience knows that, and some of the commissioners weren't around when we made the original presentation. And then Bob will take over and get into a little bit more detailed presentation of compatibility with the surrounding community. The property is 27.8 acres. It's outlined in red on this site. It's at the intersection of Orange Blossom and Airport. Around this property is a significant amount of nonresidential development. This is the county complex up here with the library and the county offices. Across the street is the Greek church. The Greek church owns this piece of property; the property was originally designated commercial under your Comprehensive Plan. To the southeast, this is also designated commercial under your Comprehensive Plan, and it is zoned for commercial uses as well. Further to the south, right in here and near the project, is an industrial park. So our project is fronting Airport. It will access Airport, and it is aligned with uses that are being -- already exist on Airport, and Bob will take you through that in a little bit greater detail. As the County Manager pointed out, we have two requests before you. One is a small-scale Growth Management Plan amendment. The purpose of that amendment is to implement income-restricted housing on this property because, quite candidly, your existing Land Development Code matrix doesn't work for bringing affordable housing forward to Collier County. You've recently transmitted some Growth Management Plan amendments that would allow for up to 25 units per acre through some yet-to-be-determined formula. Our request, frankly, is consistent with what you've transmitted but not yet adopted. So we have both the Growth Management Plan amendment and May 23, 2023 Page 60 a PUD to allow for 33 -- 326 units, of which 76 of those units will have income restrictions: 38 of those units will be income restricted to the 100 percent and below AMI, and 38 of those units will be at the 80 percent and below AMI income-restricted categories as part of this project. What it will also do is -- the Carlisle's been around for a while. The Carlisle was approved before the Growth Management Plan -- I'm sorry -- before the Land Development Code limited the FAR to a .45. The Carlisle is greater than .45, so what this will do is it will actually make the Carlisle a legal use instead of now a legal nonconforming use. So it allows, God forbid, the Carlisle, if it burns down, to be rebuilt in its current configuration. There's been discussion about what's the real density for this proposed project. Your Land Development Code says you look at the entire site. The entire site's almost 27.8 acres. That would be a density of 12.1 units per acre. If you just took the tract on which we're proposing the development, that's 14.57 acres; that would be 23.06 units per acre. All of this is in the staff report so people know exactly how the density is being calculated. And if you want to take out the parking lot that we're building on our piece to serve the Carlisle, that would bring down -- our development down to 13.29 acres, which would put us at 25.28 units per acre, consistent with what's been recently transmitted to the state for review. We had the required NIM. We had a follow-up -- a follow-up meeting with the leadership of that area, including properties across the street from us as well as properties on Orange Blossom. We listened to comments that we received. The comments -- and Bob will go through this -- were primarily related to density and height. We made some adjustments to those. And, also, traffic was a major May 23, 2023 Page 61 issue. We initially had an emergency access for our part of the project out onto Orange Blossom. We removed that. So there is no interconnection of this project through the Carlisle that will result on any traffic from our project having direct access to Orange Blossom. Our emergency access is now through Bear Creek which is -- I should go back. Bear Creek, which is this apartment complex right here, Bob will show you we have an emergency access through there. We also added a second access onto Airport and relocated that to address concerns that were raised during the public outreach meetings we had. As I said in front of the Planning Commission, and I think it's clear, we are at a very crucial point for housing in Collier County. Every one of you have mentioned the need to provide more income-restricted housing. Everyone on the Planning Commission has expressed that need as well, and the community has expressed that need as well. This is one of a few projects that I'm working on that have these we'll call them project-specific Growth Management Plan requests and project-specific affordable housing commitments. And, Troy, I'm going to switch over to the visualizer real quickly. A couple years ago before interest rates started rising, we had a -- Bob and I were working on some projects on Airport -- I'm sorry -- on Collier Boulevard, and as we were -- small-scale Growth Management Plan amendment along with a PUD, and county staff was trying to get us to reach a 30 percent income-restricted threshold for the units. We pushed back and we said, we can't afford it. The numbers don't work. We've got to have a project that's economically viable in order to move forward. And staff said, then, you know, show us -- show us the math, because we're not going to just take your word that you can't -- we wanted a 20 percent commitment, and May 23, 2023 Page 62 we wanted higher income thresholds. So what we presented at that time is consistent with what I'm going to present now, and this is for this specific project that's before you today. Is this working? Yeah. It started with what are the market rate rents currently in the community? And what you can see, these are projects that are up and running and are being rented. AUDIENCE MEMBERS: Can you make it bigger? MR. YOVANOVICH: Sure. Is that good? Okay. So what we've done is we've looked at what are the current average market rate rents for one-bedroom, two-bedroom, and three-bedroom apartments in Collier County. And as you can see, the average one-bedroom rents for a little over $2,400, the average two-bedroom rents for a little over $3,100, and the average three-bedroom rents for a little over $3,800. That's what the rents are out there. I think everybody agrees those rents are not affordable for a lot of the workforce in Collier County, especially, you know, nurses, teachers, firefighters, and other professionals that we need to have our community continue to have the level of service we have today and just the overall enjoyment of our lifestyle by having people live in our community. There was -- so what does this mean when a particular project comes through and they have to restrict the rents based upon the guidelines on the 80 percent and the 100 percent income-restricted? So what is the actual reduction from the overall market rate? Now, we initially included the 120 percent category, which clearly everybody said we do not want any of the income-restricted to be at the 120 percent category. But even at those categories, there's an offset. There's a loss in potential revenue. So at the 100 percent category, you can see what happens as far as the reduction in monies that come into the project for the project to May 23, 2023 Page 63 operate, and it becomes very significant on a monthly basis and even more big when you commit to it for a 30-year commitment, which is -- ours is a 30-year commitment. And it doesn't have any language in there that would allow if we can't lease the unit, we can put it at a market rate. We're committed to these units being available and rented to people in these categories until they're full. They will stay vacant until they're full. So there's no incentive not to rent these units. There's every incentive to rent the units even though it's with reduced rents that will come in overall on the project. All of this is relevant, because when you go to the bank to try to get financing for your project, you have to show the bank that you have the potential, if all goes as expected, to hit a rate of return based upon the amount of money you're going to put in the project at 5.5 percent. And initially on those other projects -- and like with this project, if we had no restrictions on the units, we would get a return of 6.1 percent if everything went as expected. However, with the rent restrictions that we're required to do, we have our net income from the project, minus the revenue that we're not going to get because we have to reduce the rents, we get a certain amount of income per year that we need to get to 5.5 percent in order to get the financing. And as you can see, in this table we have both the county and revised because we've agreed to the 22.6 percent, so those numbers are the same. There's almost a million dollars a year in foregone market rate revenue for this project, and that brings the return down to 5.3 percent. Now, this is one of a couple of projects that I've got that started this process before interest rates went up. They've got the ability to continue to go forward even though they're not going to get to that 5.5 percent return. But when you look at the lost revenue over 30 years, you're talking about almost $30 million in lost revenue to help provide May 23, 2023 Page 64 housing, not only market-rate housing, but income-restricted housing. So it's a significant commitment by a developer to move forward with this project and achieve the financing that they would need in order to move forward -- Can I go back, Troy? MR. MILLER: Yes. MR. YOVANOVICH: -- that they would need to go forward with the project. So this developer and a few other developers that are going through the process right now, and a few that came before them, have come up with a formula based upon review by county staff or review by the Planning Commission and review by prior board members as to what is an appropriate percentage in return for going forward with the project. This project, as a base density, if it was on its own, would be 15 acres. It would -- under the Growth Management Plan, it can get four units per acre base, another three units per acre as a bonus because it's less than -- it's an infill parcel that would -- so seven units per acre on 15 acres is 105. So out of the 231 additional units that we're requesting through this Growth Management Plan amendment, 76 percent of those additional units are being income restricted, which I think is somewhere around 40 percent of the additional units are being income restricted through this project. Bob will take you through in greater detail how you get in and out of this project, how this project is compatible with what's around us. And it's -- the Commission has asked and the community has asked for the private sector to play a role in addressing this affordable housing issue. This developer is going to play a role. They're going to develop a Class A project similar to what they've already done in the community. May 23, 2023 Page 65 All of the units will be the same. You will not know one unit from another unit as far as the fit and finishes in the units. You won't know who has an income-restricted unit and who won't have an income-restricted unit. There is a commitment to annually verify with the county staff that we've met that commitment. We also have a commitment that, with just a little bit of notice, come in and look at our books at any time to verify that we have met that commitment. There have been concerns raised about whether or not the development community that's been getting these income-restricted units as part of their project are, in fact, living up to those commitments. They're -- really, the first one that made this commitment that is actually out of the ground and been leased up is Allura, and that's up on Livingston Road. It was approved with an income restriction number of units. It's been audited. It meets -- it's living up to what it's going to do. Every developer I have who's gotten a project approved that's coming out of the ground, and hopefully others that will come out of the ground, know what that commitment is. They're willing to meet that commitment, and there will be no doubt that we'll meet that commitment because you will be able to review and verify that commitment as part of the annual PUD monitoring process. So with that, that's a general overview of what we're proposing to do, how we got here, how the affordable housing commitment came about, and I'm going to turn it over to Bob unless you have questions of me -- COMMISSIONER HALL: I do. MR. YOVANOVICH: -- take us through a little bit greater detail. CHAIRMAN LoCASTRO: Let's keep going. MR. YOVANOVICH: I think Commissioner Hall just -- May 23, 2023 Page 66 CHAIRMAN LoCASTRO: Oh, I'm sorry. He just lit up. Go ahead, Commissioner Hall. COMMISSIONER HALL: Mr. Yovanovich, I have one question for you. The question was posed to me about what is the mix -- the one-bedroom, two-bedroom, three-bedroom -- of the affordable units? And I didn't know what that answer was. MR. YOVANOVICH: And the -- and I'll tell you what that answer is. We want the market to tell us, because there's a lot of demand for ones, there's a lot of demands for twos, and there's demands for threes. And what we thought was if we could be flexible to make sure we got those units leased up and in there, it was better than having to commit to a specific number, and maybe that's not the right market mix. COMMISSIONER HALL: Gotcha. MR. YOVANOVICH: Anything else? CHAIRMAN LoCASTRO: No. MR. YOVANOVICH: Mr. Mulhere. COMMISSIONER SAUNDERS: Mr. Chairman, could I ask Mr. Yovanovich a quick question? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: In reference to the new legislation, the Live Local Act that the legislature has approved, and the Governor has signed, if this board did nothing, what would be -- under that legislation, what would you able to do? Have you looked at the legislation? MR. YOVANOVICH: I have. And it would be seven units an acre. COMMISSIONER SAUNDERS: It would be how many? MR. YOVANOVICH: Seven. COMMISSIONER SAUNDERS: Seven. MR. YOVANOVICH: Seven units an acre, yeah. We're not May 23, 2023 Page 67 commercially zoned, and the Live Local only allows for -- I guess I'd have to come to you, and I'd still have to ask for more through a process, I'm assuming the question is "by right." What can I do? COMMISSIONER SAUNDERS: Yeah, exactly. MR. YOVANOVICH: And by right I could do one unit per five acres because I'm zoned ag. But your Growth Management Plan today currently provides for four as a base and three as the bonus, because we're less than 20 acres. COMMISSIONER SAUNDERS: That's the same that you would be able to get under Live Local -- MR. YOVANOVICH: Under the Live Local, that's all I would get. COMMISSIONER SAUNDERS: Okay. Thank you. MR. YOVANOVICH: Yes. MR. MULHERE: Good morning. For the record, Bob Mulhere. I'm a certified planner with Hole Montes, a Bowman company. So what you have on the visualizer before you is an excerpt from your Growth Management Plan and shows the subject site, which is here. We're in the urban area. It's an urban infill parcel. This is the zoning map. Historically, going back to, probably, at the time that the -- and before the Growth Management Plan was first adopted in 1989, a great deal of land within the urban area was zoned ag, and, of course, that becomes, then, a holding zoning. It's anticipated and promoted through your Growth Management Plan/Future Land Use Element that those uses are -- that that zoning is going to change to a zoning that is consistent with the Growth Management Plan. So, yes, you have ag zoning here. You actually have another piece here, and it, of course, is anticipated that that zoning is going to change over time. May 23, 2023 Page 68 This is the master plan, and just to point out a few things, there is an existing right turn out onto Orange Blossom for the Carlisle, which is right here, and that will remain. We have designed the site so that none of the multifamily residential will be able to go through the Carlisle to access that. That was done in response to comments that we heard from nearby residents that they didn't really want this traffic significantly impacting Orange Blossom. So our entry -- main entry is shared with the Carlisle, and then we have a right turn only here, a little bit further south, and then there is an emergency only access, which uses an existing ingress/egress easement into the Bear Creek multifamily project to the south. This is a colorized rendering depicting the proposed multifamily project. Here you have the existing Carlisle up here. As Rich said, that is a legal nonconforming use at this point in time. It was approved as a conditional use quite a few years ago prior to the county adopting a floor area ratio standard, and so this will apply the floor area ratio to the Carlisle and make it a conforming use. Also there was mention of -- there is -- presently the Carlisle uses a portion of the Italian American Club property right there -- you can see some of the parking right there -- for parking to meet their parking needs. As part of this process, we will be developing parking for the Carlisle. So folks that want to enter into the Carlisle will come through this way, and then folks that will be reaching the multifamily will come through this way. So in terms of landscape buffers north, adjacent to Orange Blossom, there's a 20-foot Type D, and adjacent to the ag property -- because that is -- oh, let me just go back to that real quick. As I mentioned, this parcel up here is zoned ag. That is obviously going to change and most likely will develop as a commercial property. So we have a 10-foot buffer here, and then, of course, when this property develops, they'll have their own buffer adjacent to May 23, 2023 Page 69 ours. To the south we also have a 10-foot buffer, and to the south is -- as I mentioned, is the Bear Creek, which is a multifamily project right along here. To the east, adjacent to Airport-Pulling Road, we have a Type D buffer required by your code, 20 foot wide along Airport Road, and then adjacent to the CPUD, we'll have the 10-foot Type A, and to the west, we're -- we have -- within Tract B, the multifamily tract, we have a 15-foot enhanced Type B buffer, which includes a wall. This is a graphic depicting that buffer from the perspective of our neighbors. This is a rendering of the proposed multifamily project looking in from Airport Road, and a little closer up of -- perspective of the project. I wanted to point out here that we have some mentions on here that show the distance of the -- of the proposed multifamily to our neighbors here. These are one-story parking structures, so they're 10 foot tall, thereabouts. These neighbors over here have provided us with letters of no objection. We are 279 feet from this structure and 185 feet from the closest point of this structure on this single-family lot. And over here, you get -- the closest structure to the northwest is 361 feet to the edge of our building. They're actually closer to the existing Carlisle. This is a Collier County stormwater facility. And so you can see we've designed the site to create a separation particularly from where the multistory/multifamily is, and that's important because that's sort of consistent with the county's definition of compatibility. And you can mitigate and should mitigate. There are many examples of multifamily being in close proximity to single-family throughout the county, including high-rise buildings. This is just a view perspective from our neighbors looking over May 23, 2023 Page 70 the proposed enhanced buffer and wall here, and as you can see, they will be seeing a little bit of the higher end of the buildings. So as I mentioned, we are requesting a 0.65 floor area ratio for the existing Carlisle facility, which will make it legal and conforming, and then 336 multifamily units. Rich already went over how that density's calculated. He also went over the number of multifamily units, particularly 38 units at 100 percent or below and 38 units at 80 percent or below. There's other projects that have been approved already, not even considering the fact that the county has already submitted some changes to allow for 25 units per acre. The Lord's Way, 25 units per acre; Blue Corral, 25 units per acre; Briarwood, which was developed by Johnson Development, 22.7 units per acre; Lely Resort has a 20.4; and the Randall Curve has 400 units on 19.5 acres at 20.5 units per acre. Rich went over the fact that we had a NIM. I think you're probably all aware of the issues that was raised. Traffic was a significant issue. And we did make some changes in response to this, which I previously mentioned. Building height, we had started with a building height of five stories. We've reduced it to four. We also met, as Rich indicated, with the leadership at the Monterey clubhouse, presented the changes that we'd made after the NIM. I think they were appreciated. Probably didn't go far enough for some people's perspective, and we understand that, but we did at least present those changes to them. Again, that's a summary of the changes we made, which I've kind of already mentioned to you. In particular, even on the east side of Airport, there were some concerns where we had our secondary right-out only, that it would conflict with folks leaving -- and I always forget the name of this development. If I could just get there. I'm sorry. I need to get to May 23, 2023 Page 71 the aerial. Lone Oak. So that's right here. They only have one way in and out. We originally had our secondary right-turn only right about here, which potentially, if folks did want to make a U-turn, they would conflict. We moved it further south so that folks have to travel further to the south before they make a U-turning movement. You know, it's our position that if you're heading southbound on Airport, there's a Publix down there. If you want to head northbound, you know, that would be relatively few trips. And, of course, Norm can speak to the particulars of that. I'll just summarize the traffic. Again, if you have specific questions, we do have Norm Trebilcock here. But the total p.m. peak-hour trips would be 343 p.m. peak-hour trips. And as the Board of County Commissioners has now, for some time, required, we have a p.m. peak-hour cap in the PUD. MR. MOGIL: Can we make that table a little bit larger so we could read it, please? MR. MULHERE: I don't know of any way to make larger on a PowerPoint presentation. MR. MILLER: There is not. MR. MULHERE: We won't have any access to Yarberry Lane. That's the single-family road off of Orange Blossom. Many people asked about that. As I mentioned, there's only an egress to Orange Blossom strictly for the Carlisle. We don't have any access to Orange Blossom directly from the multifamily tract. We're designing the secondary access right-out onto Airport so that there's a median -- so that that forces people to travel further south so there's no conflict of U-turning movements. We do have that emergency access only to Bear Creek. This kind of shows you those access points. May 23, 2023 Page 72 And that concludes my presentation. I'm happy to answer any questions that you may have, and we do have others here that can assist. CHAIRMAN LoCASTRO: Okay. I do have some. Just for clarity, Mr. Miller, how many public comments do we have? Just so we've got an idea of what -- MR. MILLER: Thirty-six. CHAIRMAN LoCASTRO: Thirty-six, okay. I want to hold my comments until I hear from the public, but if we have any of my colleagues that want to ask now. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Mulhere, that last display you had up there -- okay. I wanted to make sure that that said right-out only for the existing Carlisle only. MR. MULHERE: Yes. COMMISSIONER SAUNDERS: I just saw the right-out only on Orange Blossom, and that was a bit of concern. But that is only for the Carlisle? MR. MULHERE: Correct. There's no connection from the multifamily Tract B. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: I'll ask one question before we roll into the public comment, and this is probably for Mr. Yovanovich. Give me a little deeper dive into the two NIMs, the dates that you had them, turnout, feedback, you know, anything you can tell me. MR. YOVANOVICH: Sure. CHAIRMAN LoCASTRO: I mean, I'm always encouraging, you know, citizens that have a very opinionated view of something that, you know, the NIMs are your time to hear from the developer before you come in here and we hear from you. And I know a little bit about -- that you had two, but -- in the public forum and with a May 23, 2023 Page 73 deeper dive. Tell me when those were, and, you know, as much as you can contribute. MR. YOVANOVICH: Sure. They both basically during season when people were here. The first one was at the library, you know, on Orange Blossom. It was full. CHAIRMAN LoCASTRO: That was in person? MR. YOVANOVICH: It was in person and Zoom, but it was full in-person. CHAIRMAN LoCASTRO: Okay. MR. YOVANOVICH: A lot of public participation as to what they -- their concerns were. Height, density, and traffic was the recurring theme. Then we had -- we had a follow-up meeting. We thought it would be better to have a smaller group on the follow-up meeting. CHAIRMAN LoCASTRO: What was the time in between one and two? MR. YOVANOVICH: The first meeting was September 26th. The second meeting was February 7th. CHAIRMAN LoCASTRO: Oh, wow. MR. YOVANOVICH: So it was -- we went -- met with our client and said, what revisions can we make to the project and have it still be a project that, you know, was viable? That's when we were able to bring the height down from five stories to four stories. CHAIRMAN LoCASTRO: So when you say "smaller group," was it leadership -- (Simultaneous crosstalk.) MR. YOVANOVICH: It was the leadership of the -- and I'm sure that Dave Renner will come up there and tell you everybody who was there, but there's -- I'll call it a consortium of the presidents of the different associations is my wording for that group. CHAIRMAN LoCASTRO: Okay. May 23, 2023 Page 74 MR. YOVANOVICH: So we met -- we met with that group, explained the changes we made regarding height, regarding access, presented those, as Bob mentioned. It didn't really move the needle with the group because they want us to be at three stories. We explained we can't be at three stories. They want us to reduce the density. We explained why we couldn't reduce the density and still have a project that made economic sense. And at the end of the day, we did the best we could to address their concerns, but we, obviously, didn't get all the way there because they came to the Planning Commission and voiced their objections, and they'll voice them again, I'm sure, to you-all. But we did -- we did try to follow up, and we were -- we made changes. And we made changes based upon what we heard. And we thought, frankly, they were significant exchanges because I don't think you're going to find a professional planner who's going to get up there and say a four-story building is incompatible with a three-story building. Maybe a five-story building is incompatible with a three-, but we did make those changes. We have -- you know, as Bob pointed out, we have 130-foot setback from our western boundary. We changed the access, made sure there was no access. So we did. We did our best to make changes to the project, and we didn't get there. CHAIRMAN LoCASTRO: I mean, the list that I was -- it was going to be my follow-up, but you kind of summarized it. But the list I had where it sounded like the major changes you made was to the height, to the setback, and to the road access. MR. YOVANOVICH: Yes. CHAIRMAN LoCASTRO: Was there anything else that I missed? Those are the top five or -- MR. YOVANOVICH: No. I think -- that was, I think, from -- yes, I would say the big issue was height, traffic. I think May 23, 2023 Page 75 traffic was the main. I shouldn't say the main, but it was brought up quite a bit. There's concern about traffic on Orange Blossom. Orange Blossom has been constrained by the County Commission to a two-lane road at the request of the residents. It's going to be a two-lane road. I can't imagine that the County Commission's ever going to go back to making it a four-lane road, which it was always planned to be a four-lane road. But, you know, to be fair, when you decide to restrain your road to a two-lane road, you should anticipate more traffic on that two-lane road than you would experience if it was the four-lane road. So traffic is a concern for the residents. Norm Trebilcock is available to explain the amount of people that we really think will actually go south, make a U-turn, go to Orange Blossom, and go west on Orange Blossom. There will be some trips that will do that, but not -- CHAIRMAN LoCASTRO: When you changed the height, how did it change the density/inventory of the number of units? Because, obviously, if it was one less story, was -- is it the same amount of units, just smaller? MR. YOVANOVICH: It is. It's the same amount of units. We changed the unit mix to make the project work. And it's -- you know, it's -- you've got to have a project that you can finance and make it work, or you end up with seven units an acre much less dense, with no affordable units. CHAIRMAN LoCASTRO: Okay. Mr. Miller, let's start with the public comment, please. MR. MILLER: Yes, sir. We have 36 registered speakers. Quite a few speakers have been ceded additional time. Your first speaker is Dave Renner, and he'll be followed by Diane Flagg. Mr. Renner's been ceded additional time from 15 people. So, May 23, 2023 Page 76 folks, when I call your name, please raise your hand up high so that I can see it. J. Holzschuh. (Raises hand.) MR. MILLER: Okay. Laura Wagner? (Raises hand.) MR. MILLER: Thank you. Jeff Wagner? (Raises hand.) MR. MILLER: Thank you. Marian Holzschuh? I'm sorry I'm butchering your name. MS. HOLZSCHUH: That's fine. (Raises hand.) MR. MILLER: Tony Fedelman? (Raises hand.) MR. MILLER: George Chami? (Raises hand.) MR. MILLER: Thank you. William Eckels? (Raises hand.) MR. MILLER: Vivian Lugo? MS. LUGO: I gave my time to somebody else. MR. MILLER: Well, I have a slip here for you for Dave Renner. MS. LUGO: Correct. Okay. MR. MILLER: Okay. Melinda -- is it Gunther? (Raises hand.) MR. MILLER: Thank you. Linda Simpson? (Raises hand.) MR. MILLER: Thank you. Debbie Elliot? (Raises hand.) MR. MILLER: Arthur Anger? May 23, 2023 Page 77 (Raises hand.) MR. MILLER: Diane Martin? (Raises hand.) MR. MILLER: Mark Simpson? (Raises hand.) MR. MILLER: And Olga Daniyar? (Raises hand.) MR. MILLER: Mr. Renner will have a total of 48 minutes. CHAIRMAN LoCASTRO: Does our camera show anybody up on the fifth floor? MR. MILLER: There is nobody on the fifth floor, sir. CHAIRMAN LoCASTRO: As the commissioners know, we installed a camera up on the fifth floor so Mr. Miller can monitor that in case, you know, we forget somebody, or if there's plenty of room in here, we can invite those people to come down. So it's a nice little improvement. But, all right, sir, the floor is yours. MR. RENNER: Commissioner LoCastro and Commissioners, thank you. For the time record, my name is Dave Renner. I'm a resident of the Villages of Monterey, which is one of the communities near where they're proposing The Haven project. My wife, Ann, and I have lived there 22 years. We've raised our four children there. We love the area, and we're here just to speak on behalf of the residents and the leadership group of the Orange Blossom/Airport Road corridor on why we are strongly recommending you deny the request for this rezoning. So I've been the leader -- I'm part of the leadership group, and these are the 14 communities that run north and south of where this project is being proposed on Airport Road and along Orange Blossom from Goodlette Road all the way to Bridgewater Bay at Livingston Road. May 23, 2023 Page 78 So we have over 4,000 households that are part of these communities. And you can see -- I know you've gotten a lot of emails from people. You can see everyone here today. And we are -- they've asked me to speak on their behalf, the people who can't be here to speak, or the people that are here today that would like to -- that have ceded me their time. And our group, we've selected about six people for our group to speak. We wanted to keep it condensed and respectful so we're not repeating ourselves to the commissioners. We've also, you know, of our group, we did have a petition of over 3,000 residents. Save Orange Blossom/Airport Road corridor, oppose the rezoning for the 60-foot-high, 336-unit Haven apartments. But let me just start with what is our viewpoint as residents. And we believe there's a win-win, there's a balanced solution here. What we want is responsible growth. We are fine with something going on this property. We're fine with apartments going on this property. We're fine with affordable housing on this property. But we want something to be cohesive and consistent and compatible with the neighborhood in both height, density, and character. The residents also ask the county commissioners to follow the Growth Management Plan as it's established today. We believe there is a need for affordable housing as well. So we applaud efforts for affordable housing, and we are fine with an affordable component on this property. Of course, the developer wants a successful and profitable project, but we believe a lower-height and lower-density project, still with affordable units, is much more cohesive, consistent, and compatible with the neighborhood -- neighboring communities. And, Troy, can you switch it to my other piece real quick for me. MR. MILLER: Yeah. We've got to get out of the slide slow. May 23, 2023 Page 79 There you go, sir. MR. RENNER: So I just wanted to -- this is Goodlette Road right here, and this is Orange Blossom heading east towards Airport Road. So just to give you -- and I'm going to go through this quickly, but this is -- you have -- and these are all part of our alliance: Calusa Bay, Autumn Woods, you have Monterey. I'm going to kind of speed up here. These are all the single-family home communities, just so you can see what -- you have Millrun, Stonegate, single-family homes, two-story condominiums here. You have Emerald Lakes on the left. So here we're coming up to Airport Road. So if I pause that there, or just go back a little bit. So, basically, what else do we have here other than single-family homes and low-rise condos? We have a one-story government building. We have a one-story library. The tallest building -- really the only taller building here is the Carlisle at 42 feet. You have the Italian American Center, and as you keep going, you have a one-story church. Back here is Walden Oaks. You get a peek of this. This is Windward Isles, another single-family area. And as you keep going -- so here is -- this is the subject property. These are the Bear Creek. Again, low-rise complex, Bear Creek Apartments. Below that is the Oasis. Again, low-rise apartments. So just -- and, Troy, if you can go back to the other one, that's just to give you a feel. That's what's existing. And the applicant's representatives talked about, down the street there is a commercial area, but they're not proposing to build this down the street in that commercial area. They're proposing to build this in the center of a primarily residential area with a couple other structures that really support the residents in that area. May 23, 2023 Page 80 So The Haven's asking for the 60-foot-high, 336 units, 23 units per acre. Just as a reference point, this is 43 percent higher than the tallest neighboring building, the 42-foot Carlisle assisted living facility. That is dramatically higher. And we're asking that anything built here should be at or below that 42 feet just to be consistent and cohesive. They're also asking for 64 percent higher density than the highest neighboring density complex, just as south of Bear Creek apartments is 14 units per acre. Too high, much too high, much too dense for what's there today. You've seen the property here. It's our understanding that the applicant has not purchased the 10 acres here. You have the 10 acres here, which is the agricultural land. So I understand they're under contract to purchase it if they get the rezoning. And the other thing I just wanted to point out here, here's the Carlisle. The Carlisle is a separate owner. They're part of this PUD amendment because of the shared access and -- but separate owner. They're not part of the Johnson group, separate property. And we're asking the commissioners if you'll consider any density should be considered just on the property where The Haven is being built. And you can see most of the property is being built on the 10 acres. The entrance to the Carlisle is going to be shared. It's going to be the same -- the same exit there. And I'm going to talk a little bit about safety concerns, but there's going to be two -- two right-only exits, one here and one here, and I'll talk a little bit more about that shortly. So here is just another view of where the project -- this is where the project is going to be. This is going to be the entrance. So here, across the street -- so this is Windward Isles; they have a right-turn only. This is Walden Oaks; they have a right-turn only. This is the Carlisle, which would be combined with this project, right-turn only. May 23, 2023 Page 81 There's going to be another right-turn only here. There's a new project I'm going to talk about shortly, the Lutgert medical building right here, also right-turn only, and all of these and also Bear Creek, right-turn only. And all of these exits are going to be trying to shoot across three lanes to get to the U-turn -- whoever -- you know, half of them are going to be going south, half are going to be going north. And we live with this. It is already a disaster right there, and I'll talk a little bit more about the safety concerns as I go. We believe The Haven apartments would be a tipping point as they're proposed by the applicant at 336-unit density and the 60 feet high and will lead to this area -- because you saw there are some vacant lots there -- to becoming an overbuilt, congested area, overcrowded school at capacity, and the safety concerns. And there are other vacant parcels, but one in particular that I wanted to bring up today. On June 11th, you're going to be hearing another applicant proposing -- so here -- right here is where they're proposing to build The Haven. Right next door the -- there's a new proposal for rezoning that you're going to be hearing for the Lutgert medical building and self-storage facility, and this is coming to you on July 11th. And what they're -- it's our understanding that's currently zoned for a maximum of 40,000 square feet of commercial space. They're going to be asking to double this to 75,000 -- or almost double it to 75,000 square feet plus 104,000 square feet for a four-story self-storage building. And that's a rendering of this Lutgert building. Again, going to be just north of -- right next to The Haven, adjacent to the entrance of The Haven project. So we believe whatever is approved today will have an influence on what your decision is on July 11th when they're proposing this May 23, 2023 Page 82 almost doubling of density and square footage for that commercial product -- project. And you probably heard, we've met -- we've been very involved from last September. We met with the developer. We met with Mike Bosi and his staff. We met with Mike Sawyer and Trinity Scott in the Transportation group. We get with Cormac Giblin in Housing. The staff has been very responsive, by the way, in answering our questions and really helpful, and we appreciate that. When we met with Mike Bosi, he made it very clear the Orange Blossom/Airport Road corridor is not designated an urban activity center by the county. It's not like a Logan's Square. It's not like a Founder's Square. It's not like Pine Ridge Road and Airport Road. It's not like the Mercato area. This is a residential neighborhood, mostly single-family homes, two- and three-story condos and apartments, a church, library, service center, Italian American center. So this stretch of Airport Road right here where they are proposing -- the developer told us there's going to be 5- to 700 cars is what they're estimated for The Haven projects. The Lutgert medical building project they've told us in their information meeting, 3- to 500 cars daily. So there's a huge concern been safety at this section which is already very busy. This stretch of Airport Road has the third-highest number of crashes and the third-highest crash rate in Collier County. The schools in this area are already at capacity. And they mentioned the number of cars both these projects will bring; we think it's going to be a disaster here. So, again, we're not saying nothing. We're just saying it should be lower density, lower height, more consistent to keep -- you know, we know there's going to be growth. I mean, that's happening in our county. We live in this beautiful place. But we can do something that's responsible so we don't have a disaster or just an out-of-control May 23, 2023 Page 83 area. And I just -- we pulled this from the 2045 Long-Range Transportation Plan, and it just shows here -- so Airport Road from Pine Ridge Road to Orange Blossom, 455 crashes, the third highest in the county, but also the crash rate over here 4.943 was the third-highest crash rate. So any increase is going to increase it, but if this is just blown up to the maximum, we feel this is going to be -- will probably go to the top of that list. So, again, asking for a balanced answer. This is just showing the schools. Pine Ridge Middle School, no capacity; Barron Collier, no capacity; Pelican Marsh Elementary, no capacity. So, again, we're going to be adding students here, but, again, something reasonable makes more sense on this property. When we met with Zoning Director Mike Bosi, he told us, and the applicant confirmed this, that 10-acre vacant parcels, agricultural, allows one unit per five acres. The normal zoning, if you agree to rezone this under the Growth Management Plan, the applicant would be eligible for a maximum of 60 units, four units per acre. And based on our meeting with Mike Bosi, if the applicant includes the 76 affordable units under the Growth Management Plan, they would be eligible for a maximum of 150 units, 10 units per acre. And this is -- I'm going to pull this -- can you help me with this? MS. PATTERSON: Sure. MR. RENNER: So this is just a chart showing -- this came from the Growth Management Plan -- that at 20 percent -- and they're just over 20 percent affordable units, at the low -- at the 80 percent. They have some 80 and some 100 percent of median income. It's six additional. So allowing six additional on top of the four that they're eligible for. And you can take that off now. So, again, back to a maximum of 10 units per acre based on the May 23, 2023 Page 84 Growth Management Plan. The applicant made it -- you know, made it very clear that The Haven apartments are being built on this Tract B, here. This is the Carlisle, and we just want to make sure that the commissioners consider this based on the number of units being built on the 14.57 acres of Tract B, which would be 23.06 units per acre, and not include -- because the Carlisle has people living in it. You can't use that land and those acreage for your density calculations when it's going to be being built here. And this was just -- that was an email from the staff. Final -- actual height of 60 feet. And just as a reference point, the actual height -- Haven of 60 feet. The actual height of the Carlisle is 42 feet. So that's what we believe is cohesive with this area. Net density, 23 units per acre. As you saw, this was from our meeting with them. These are going to be very expensive units: 4,200, carriage unit; 4,100, three-bedroom, $3,200 -- and $2,200 for one-bedroom with a small affordable component. But this is going to be a luxury, expensive complex. So what are the issues that we hear in just our business in living here, and I'm sure you hear every day, that we all hear about? One is controlling the overbuilding, overcrowding, congestion in traffic. The number two right behind that, creating more affordable housing, but most people we speak with, they want responsible growth, a balanced growth. Protect what we have now, add more to it, but do it in a reasonable way, and we can find a balanced approached. So I just -- from the Planning Commission, I thought it would be helpful just to share, if you didn't have a chance to see this, Paul Shea, who voted with the residents, his quote was -- he's at the Planning Commission when he voted against this project and with the residents. So, you know, it's always a difficult situation when you're trying to balance community benefit versus local community impact. May 23, 2023 Page 85 I probably sit more on the other side of this. I am a champion of affordable housing. I don't really view -- I don't really view this as an activity center like I would Logan's Square and that, and I don't even see it close to that. It might get there, but it's not there yet. I think it's a little too dense, I think it's a little too tall, and I think it's not quite the same as the rest of the neighborhood. And I think we're giving up too much for 76 affordable housing units, personally, so I'm going to vote against it. Chuck Schumacher also voted against it, and he said -- this is his quote. I share the same sentiment. I can't -- I can't find myself getting behind this at this point based on the density that we're seeing for only the amount of units for affordable housing. I think it has to be highlighted the number of residents and those that came forward, not only here today, but also through their petitions and through that Orange Blossom Alliance, which has to be recognized. I mean, those residents are coming forward with their concerns. I understand the traffic side. I understand all of that. But, again, I have to go back to this density, the height, and the lack -- that we're not achieving a full amount of affordable housing that we possibly could. So we believe as residents, there's a win-win solution here, a more compatible-sized project. And this is just an example of something else that will be coming to the county commissioners, is my understanding. This is off of Vanderbilt Beach Road. This is the Ascend Naples apartment complex that's being proposed, 208 units on 17.5 acres, 11.9 units per acre, and still including 62 attainable units. So this developer here figured out how to do this. And the applicant is saying they can't make the numbers work, but we believe there is a developer out there, if this applicant can't, that can take this prime piece of land and make the numbers work with something May 23, 2023 Page 86 that's more cohesive with the existing neighborhood and more consistent in height and density with the neighbors. So we're just asking you, on behalf of all the residents here, the Orange Blossom Alliance, of those 14 communities, and we appreciate the opportunity, and we appreciate everyone's help through all these months from the staff, and we're just asking you to deny this as it's proposed today, and the -- we appreciate the time. MR. MILLER: Your next speaker is Diane Flagg. She'll be followed by Jennifer Palmer. Ms. Flagg has been ceded additional time from Robert Rosenblum. (Raises hand.) MR. MILLER: Joyce Etchison? (Raises hand.) MR. MILLER: Ann -- CHAIRMAN LoCASTRO: Sir, you're not -- who was just at the podium, you're not leaving, are you? MR. RENNER: No. CHAIRMAN LoCASTRO: Okay. Because I'm going to have some questions for you, but I'm going to wait until everybody has spoken. So thank you. MR. MILLER: Ann. It begins with an R. I'm having a hard time reading this. MS. RENNER: Renner. MR. MILLER: Renner. Thank you, ma'am. Tony Kinnear? (Raises hand.) MR. MILLER: Thank you. Karen Flinn. (Raises hand.) MR. MILLER: Thank you. Dave Borsenik? (No response.) May 23, 2023 Page 87 MR. MILLER: Dave? I don't see a Dave. Okay. Oh, it's Dale. I'm sorry. Dale. UNIDENTIFIED SPEAKER: He had to leave. MR. MILLER: Okay. He left. All right. Ellen Nowacki? UNIDENTIFIED SPEAKER: She had to leave as well. MR. MILLER: All right. And William Gallman. (Raises hand.) MR. MILLER: Okay. That's going to give Diane a total of 15 minutes. MS. FLAGG: Good morning, Commissioners. Diane Flagg, resident of North Naples. I've lived in Collier County for 40-plus years, served in county government for 32 years. I served as the director of Code Enforcement, the director of Transportation Alternative Modes, and the chief of Emergency Services. We've all seen changes over the years. MR. MILLER: You've got to zoom out. Oh, okay. She's revealing. I'm sorry. MS. FLAGG: We know that growth is inevitable. What we know also is what is not inevitable. The Growth Management Plan was designed to provide responsible growth. Overgrowth or overdevelopment is being caused by exemptions to the Growth Management Plan. The County Commissioners' Growth Management Plan was enacted to ensure responsible growth. It establishes the vision, the framework, and the policies for future growth in Collier County. The Haven project is eligible -- not entitled to, but eligible -- for a maximum of four units per acre or a total of 60 units. This is a picture of The Haven, and as you saw previously, there will be a shared entrance where the entrance already exists, and the May 23, 2023 Page 88 bulk of the development is going to go on this 10 acres, this vacant 10 acres that the developer is proposing to purchase along with the shared entrance of the five acres. So the question is, why would a for-profit developer offer to provide affordable housing? It raises a good question. Because increased density equals increased revenue. Logical, right? So you've seen this chart, but to understand, this chart is based on the Growth Management Plan affordable housing density bonus. Based on this project under the Growth Management Plan, they're eligible for an additional six units per acre for a total 10 units maximum density per acre, or a total of 150 units by including affordable housing. So it's four units, per acre is what the Growth Management Plan allows, and if they provide affordable housing, then they're eligible up to 10 units per acre for a maximum 150 acres -- sorry -- units. However, the developer is proposing 336 units. Three hundred thirty-six units, if you take out the base density at 60, which they're eligible for, gives them a bonus of 276 units. Remember, increased density equals increased revenue. So now we're going to look at the rental rates that the developer has provided. A carriage unit is going to rent for $4,200 a month; a three-bedroom unit is going to rent for 4,100 a month; a two-bedroom is going to rent for 3,200 a month; and a one-bedroom is going to rent for $2,200 a month. If we just take an average monthly rent of $3,000, much less than the 4,200 at the carriage unit, and we multiply that times the 276 density-bonus units, that equates to 828 hundred [sic] per month of increased rental revenue, 828-. If you multiply that times 12 months, that equates to almost $10 million per year in increased rental revenue. Another consideration, county staff has advised that the Growth May 23, 2023 Page 89 Management Plan amendment and PUD ordinance exempts the developer from the County Commissioners' Land Development Code regulations for affordable housing density bonus. The developer's proposed three paragraphs in the PUD ordinance, according to county staff, are the only enforceable items. So what that means is that the 11-page regulation for an affordable housing density bonus is fully exempted from this project. So let's take a look at what the PUD ordinance has excluded. We have the commissioners' regulations, so let's look at what has been excluded in this PUD ordinance. What's been excluded is an agreement recorded with the Clerk of Courts that constitutes the covenants and restrictions and which run with the land and are binding upon the property, frequently known as a land-use restriction agreement. It is not in the PUD ordinance. Also what's been excluded is the number of affordable housing types. How many one-bedroom units will they provide? How many two-bedroom, three-bedroom, and carriage units will they provide? That also has been excluded. In the commissioners' regulation it requires them, in order to get a density bonus, to identify the monthly rent by unit type. That has also been excluded. In the commissioners' regulation, there's a process for civil and criminal enforcement when violations are identified. That's also been excluded. In your regulations, Land Development Code, there's a process for annual income verification and certification. That's also been excluded. In summary, the maximum eligible -- not entitled to. The maximum eligible density without affordable housing units is 60 units. The maximum eligible density with affordable housing units is 150 units. The Haven PUD ordinance, as you've seen, provides an May 23, 2023 Page 90 incomplete affordable housing commitment. For these reasons, we respectfully request that The Haven's Growth Management Plan amendment and MPUD ordinance be denied. Thank you. MR. MILLER: Mr. Chair, I just want to note, I had miscalculated Diane's time. It should have been 21 minutes. I did adjust that on the fly, and she didn't get close to using all of that, so... Jennifer Palmer is your next speaker, and she will be followed by Dan Flinn. CHAIRMAN LoCASTRO: How many more do you have on the list there? MR. MILLER: Twelve. CHAIRMAN LoCASTRO: Okay. MS. PALMER: For the record, Jennifer Palmer. Thank you for allowing me to speak today. As part of the Orange Blossom/Airport Road Alliance, I would like to use my time to share what it's like as a mother raising children in the area. My family lives local in Il Regalo. We're about 200 to 300 feet from The Haven property line. Il Regalo is a small community of 35 single-family homes off Orange Blossom and Yarberry Road. I am the current board president. When moving to the area, my husband and I fell in love with the community, all the communities off the Orange Blossom/Airport Road corridor, and said to ourselves, this is where we want to raise our family. We loved that the homes in this area are all nestled together in a compatible fashion. Picture residents out and about walking their dogs, exercising, and pushing babies in strollers. Our kids' friends live down the street at Monterey, Mill Run, Avery Square, and Autumn Woods. And under current circumstances, it would reasonable to have them walk to their friends' houses. May 23, 2023 Page 91 Oftentimes after school, the kids and I like to walk to the library to read books and play games. We walk to the area events, government buildings, and the churches. The walkability of this area is truly something special and must be preserved. I am concerned about adding this high-density apartment complex and the other proposed developments here. I know that it will change what is now a harmonious area. This will affect quality of life. For the record, our family is pro-development, but for this project, we feel that a density much closer to that of the Growth Management Plan would be a better fit while still allowing for a suitable value for the seller and for the tax roll. Look at Palisades and Cambridge Park as prime examples. The applicant's proposed density will be tough, very tough. The noise levels, activity, lighting, and traffic will all change. This will definitely bring life-safety concern. The Haven plan is essentially like trying to fit three dozen eggs in a regular but fancier 12-egg package and saying nothing will break. It does not fit the vision or framework of this area, and it's not cohesive with the Growth Management Plan in place. The Commission must look ahead and visualize what The Haven project will look like 10 years from now. Will it look like the Carlisle project with its parking lot now turned into a holding area for open dumpsters, storage units, and debris? There is, right now, only a chain-link fence with no landscaping buffer separating the properties. The Carlisle staff takes items that they are disposing out into the parking lot, and then they smash and break the glass and other materials into the dumpster, not the type of industrious activity that anyone would want to see from their residence. As commissioners, you are entrusted to protect and defend the May 23, 2023 Page 92 best interest of the county and its residents. I plead with you to make the right decision on behalf of the existing residents and this community by denying this application in its current state. CHAIRMAN LoCASTRO: Ma'am, can I ask you a question? MS. PALMER: Yes. CHAIRMAN LoCASTRO: So -- just to not have you come back here, so you're the leader of what community? Of the HOA in what community? MS. PALMER: I'm at Il Regalo. CHAIRMAN LoCASTRO: Okay. So when you've watched the Carlisle do all these unacceptable things, what has -- what have you or any of the community leaders done to meet with the Carlisle so that dumpsters are covered, more landscape is included, glass isn't broken? What has been done to address that? MS. PALMER: Well, the first thing is, you know, we wanted to give them the benefit of the doubt. We know there was a hurricane. We wondered, is this something going on because they're, you know, taking care of problems? Flooding? That type of thing. So we looked at open permits. We want to know, is there an open permit that justifies this use. If so, it's understandable. Unfortunately, we didn't see anything. So our next step in this process is to be to talk to the manager of the Carlisle, go to Code Enforcement. But the bigger picture here is that this is something that -- you know, is this something that people find normal for this type of use? Is this the type of thing? These projects are overflowing, and they do need a place for garbage, for dumpsters, and it needs to be thought out so that there is a good location for this when they do need it. CHAIRMAN LoCASTRO: Yeah. And I ask that not to -- totally separate from this, but I appreciate that you're -- you May 23, 2023 Page 93 know, you've stepped forward as a community leader. And we have departments here in the county that can oversee that, and we actually have had a lot of success. So this is sort of separate from this. But I don't want to miss this nugget, because there's actually quite a few communities that have had this issue where the dumpsters started to get more sloppy, the noise more, you know, out of standard and, you know, different communities started to take some liberties, and we've been able to jump on that quickly. You know, like I said, we have leadership in this building here that can go out and partner with you to make sure that we get the Carlisle's attention if, in fact, you know, all these things are, like you said, sort of ramping up out of the norm. So, you know, I take that as a side. But whatever we can do at the county, if it's -- if it's you that want to take up that charge or join with us, or there's other HOA members, you know, that certainly -- we got those complaints a lot after Hurricane Ian, obviously, like you said, and then some came back to us and said, hey, it's just temporary. You know, we've got a lot of damage. We've got a lot of contractors here. This isn't going to be the norm. Some others turned out to continue to be the norm. But there are ways that we can attack that. So it's separate from this issue, but not really. I mean, you just brought it up, so I appreciate it. So I'm logging that away. I want to hear from somebody, and, obviously, this is Commissioner Hall's district, but what you said had merit for sure, and we've seen it in other places, so I just wanted to get clarification. Thank you, ma'am. MS. PALMER: Thank you so much. MR. MILLER: Your next speaker is Dan Flinn, and he'll be followed by Ralf Brookes. May 23, 2023 Page 94 MR. FLINN: Good morning. MR. MILLER: Sir, you need to be on the microphone, please. MR. FLINN: I'm sorry. My name is Daniel Flinn. I'm a retired veterinarian living in Walden Oaks, a community of 321 homes located directly across from the proposed North Haven [sic] community and the adjacent proposed medical center and storage facility one property north. Walden Oaks is located on Airport-Pulling Road. Our entrance/exit access is directly across from the proposed North Haven community. Our residents, when coming from the north, must cross three lanes of traffic to enter our community, using a short access lane. This has caused a backup onto Airport-Pulling when more than six cars are waiting to make the turn. Likewise, our residents, upon leaving our community, desiring to go south must cross three lanes of traffic to make the U-turn or proceed to Orange Blossom to make the U-turn, again crossing three lanes of traffic. We share these issues with the community Windward Isles, consisting of 30 homes, which is adjacent to Walden Oaks. The addition of 330 units on the proposed North Haven will have an additional 5- to 700 cars accessing these lanes on Airport, creating a significant safety hazard for residents; vendors; school buses, as we have a number of children; and guests utilizing these access points. I do not have a concern with development of a piece of property. My concern is maximizing the density on property without regard to daily safety issues being created by the additional resident units being added to the area. The residents of Walden Oaks are asking the commissioners to deny the high-density 60-foot-high apartment complex which would be 43 percent higher than the nearest neighboring complex, the 42-foot Carlisle retirement community. May 23, 2023 Page 95 We are asking you to protect this beautiful part of Naples. Thank you. MR. MILLER: Your next speaker is Ralf Brookes. He'll be followed by H. Michael Mogil. Mr. Brookes has been ceded additional time from Joseph Ognibene. Joseph, are you here? (No response.) CHAIRMAN LoCASTRO: I do not see Joseph. Dan Huprich? (Raises hand.) MR. MILLER: Dan is here. So Mr. Brookes will have a total of six minutes. MR. BROOKES: Good morning. My name is Ralf Brookes, attorney. I'm board certified in city, county, and local government law, and I'm here today representing the residents of the Orange Blossom/Airport Road Alliance. I think you heard before they have some 3,000 members that have signed petitions from 14 communities in the area. I think you've also heard that the highest nearby building is 42 feet, and here they're asking for 60 feet. I think you heard also that the nearby densities at the properties, Bear Creek apartments, is 14 units per acre, and here they're asking for 23 on Tract B. If we look at other apartment complexes that are going to have affordable attainable units, the Ascend apartment complex is 11.9 units per acre. So Ascend earned 11.9 units per acre, and they have 62 affordable units. There's two things that are in front of you today. One is a Comp Plan amendment, and all Comp Plan amendments, the Florida Supreme Court has said, are legislative. So you can say no to a Comp Plan amendment, particularly one that's generated by an applicant and not by your own staff for any rational reason. You can May 23, 2023 Page 96 just simply say no. The rezonings, the Florida Supreme Court ruled in the Snyder case that it's the developer's obligation to show you that they're consistent with the Comp Plan, including your affordable housing density bonus table and other things that you've looked at. And you can -- even if a developer shows they're consistent with the Comp Plan or changes your Comp Plan to try to gain more consistency, you can still say no to a rezoning for any legitimate public purpose. This project is too dense; it's too tall for the surrounding neighborhoods, and that's relevant to the existing land-use pattern; that's your Planned Unit Development Criteria 10. It also grants, in my opinion, a special privilege because you're allowing them to exceed that affordable housing density. They're -- if they were to obtain 12 units bonus, up to 16 units -- and I think they're saying they're at 12 overall, even if you count the existing Carlisle ACLF, which although they may claim they're hospital-type beds, they're actually independent living facilities. The people there live much like anyone in an apartment would. So, again, they'd have to have 80 percent of their units affordable to get less than what they're asking for. So you're letting them have more density, but you're not requiring the 80 percent of the units be affordable. If you look at that chart, you want to examine it quite closely, and that will bring that to light, that at 12 units an acre, you have to have 80 percent of their units at 80 percent average median income. Then you can go up 12 units per acre as a bonus, and in no event shall you exceed 16 units per acre. Here they're asking for 23 units per acre, and on Tract B, which is this development, they're only giving you something like 22 percent affordable housing, so not 80 percent. May 23, 2023 Page 97 So if you really want to promote affordable housing, you should hold them to the same standard that we're promoting for everybody else. If we let them get away with providing less than is required to get that density, then that takes away the incentive for other developers to go really pursue affordable housing as an option. I just had a few more things. The area, you've heard from the residents, is primarily low-density single-family homes. There are two- and three-story low-rise condominiums, but there are no four-story. There's a one-story library, a one-story government office, a one-story church, and the only place that it's three-story nearby is the Carlisle community, and now they want to take this to four stories. So we'd ask that you not do that. That would establish a precedent for the area as well. Citizen testimony that you've heard today from the member representatives of our alliance and also additional residents out here today, you can consider that to be competent substantial evidence as long as it's fact-based, as long as it's based on observations. The aerials, the drone footage, the maps of the surrounding area, that's all valid reasons that you can use in your rezoning to deny, including traffic safety. Even if you meet traffic levels of service, if there are concerns about safety, if we know that this area is the third-highest accidents and it has problems with traffic, you can certainly approve something less than what they're asking for. You can direct staff to create a Comp Plan amendment for this area that would be cohesive with the rest of the area and consistent with your Comprehensive Plan. You don't have to approve every developer's request for an applicant-generated Comp Plan amendment. Again, they don't even own this property, so this is an opportunity now to establish what could go on this property. And we don't want to waste that opportunity. And if we're going to affordable housing, let's do it right and require more than 22 percent. May 23, 2023 Page 98 And let's lower the height and let's lower the density. Thank you very much. MR. MILLER: Your next speaker is H. Michael Mogil. He will be followed by Mara Foley. MR. MOGIL: Good morning. I don't know where to start here. This is my first exposure to this project. I didn't even know about it until a friend told me about it. I live five miles away from it, but I am a frequent traveler to Orange Blossom Library because I tutor students there as well as many, many other tutors, and I travel down Airport all the time to get around the area. So I'm impacted by this project even though I live five miles away, and I knew nothing about it. I went on the county website to try to find information about it. There was all types of information on the site and forms that's unintelligible to me. I'm sorry. I'm a scientist, but it was unintelligible. And there's a sign on the road, the big sign that says "development." We're going to do this. We're going to have meetings. That sign is parallel to the roadway. If I don't stop to take a picture of it and study it later or drive by trying to take a picture of it -- although I am good at that as a storm chaser -- the problem is, I can't get that information. That sign is not posted at the website telling me, we're going to do this project. Comment on it. Everyone around Naples is impacted by this corridor. They drive all the city. They're on this corridor. I want to recommend that anytime there's a development project, the county take a picture of the sign, put a map on the website and stick pictures of those signs and a link to where all the information is about development. Otherwise, there's no sunshine for me. I'm in the dark. But even more important than that is I want to talk about traffic. May 23, 2023 Page 99 There's two exits from the Orange Blossom Library and the government complex, which are both very busy places, by the way, and people usually come out of those wanting to make a left turn to get to Airport-Pulling. There are many days when, at 4:00 and 5:00 in the afternoon, I can't make a left turn out of the library because there's so much traffic coming eastbound on Orange Blossom Library. Add this project, with the entrance and exit on the other side of the road, and you're asking for car crashes. Seriously, it's tough over there. The development that was mentioned a few minutes ago from Ascend is on Vanderbilt Beach Road, and it's the same problem as we have at this one: There is basically one exit from the development with hundreds of cars that are going to be going out of that development, one entrance and one exit. I also wonder whether or not the numbers of projected traffic increase from that development are realistic. I was HOA president at an association in Maryland, and the traffic study that was done had the traffic going the wrong way at rush hour traffic in order to come up with better numbers. We sent it back to them to redo the study and, lo and behold, they would make all types of changes. So thank you for your time. I'm going to be involved in this. It's important. And it goes far beyond the Airport/Orange Blossom corridor. It's all of Naples. MR. MILLER: Your next speaker is Mara Foley. She'll be followed by Laura -- is it Quintans? MS. QUINTANO: Quintano. MR. MILLER: Quintano. Thank you. I'm sorry. I could not read your writing. Mara. MS. FOLEY: Good afternoon, Commissioners. For the record, Mara Foley with Habitat for Humanity of Collier County. May 23, 2023 Page 100 I wanted to let you know that we did speak with the developers on this project. We think it's a very thoughtful design, and we're excited to see that the affordable housing commitment is voluntarily being made. Other developers are making commitments closer to 120 percent and below of the area median income, while this group is coming in and making a commitment of 100 percent and 80 percent and below of the area median income. If this project is not approved as it's proposed, I find it hard to believe that somebody else will be able to make the numbers work and that we'll have affordable housing on this site. It's a great location, close to jobs, keeping traffic down and keeping folks where they -- where they work and play. So I support this project, and I appreciate your time today. MR. MILLER: Your next speaker is Laura Quintano. She'll be followed by Dan Capes. MS. QUINTANO: Thank you. My name is Laura Quintano. I am a retired resident living in Calusa Bay. I'm not a public speaker, but I'm here to tell you that I oppose the project and oppose the Growth Management Plan exception in exchange for the affordable housing. I worked in a midsized city in the Midwest and was the quality control analyst over our affordable housing portfolio. There are many ways to do affordable housing in both the financing and in the agreements, but plans and promises do not bring affordable housing. If there's no enforceable land-use restriction agreement, there will not be long-term affordable housing. So I stand with the Orange Blossom Coalition, and I appreciate the time that you provided to me. MR. MILLER: Your next speaker is Dan Capes. He'll be followed by Val Daniyar. MR. CAPES: Yes. My name is Dan Capes. I appreciate May 23, 2023 Page 101 your time. All the other speakers have covered the details and the numbers. I'll just relay an anecdotal experience for you. We've lived off of Orange Blossom for 23 years. We live in Emerald Lakes. Some of you look older than me, some younger. Those younger, congratulations. But when we moved there, there was no library, no county services. There was the animal shelter there. We could hear the dogs at night howling, and there were horses out there. Across the street there was an empty lot. Around the corner there was an empty parcel. We understood that there would be growth, and that's the nature of it. Most people have not lived here their whole lives, right? So we have to balance growth with the people that are here already, the community. I remember when your predecessors were going to build the library and the community -- the services building, we were afraid there would be some huge building there. Your predecessors balanced community needs with maintaining character. When the community across the street was going to be built from an empty parcel, we were afraid there would be giant buildings. Your predecessors balanced growth with community feel. It's happened over and over again. Now we're at the ninth inning, if you like baseball, you know, we're at the last few parcels in that area. If you allow this to go in at this height and this density, then the next community -- the next development's going to say, why not us, and the next development, that's all there in that corner. You're going to change a very community-feeling area into a commercial-feeling area. And the traffic, all those other considerations are there too. But this plan is too much in too small of a place. Thank you. MR. MILLER: Your next speaker is Val Daniyar. He'll be followed by David Recklitis. May 23, 2023 Page 102 Val? Did you -- MR. RECKLITIS: David. David. Val, I'm sorry. Go ahead, sir. MR. DANIYAR: Yes, yes. Dear Commissioners, thank you very much for allowing me to speak here. And I'm speaking against this project because we lived in the Orange Blossom community, my family, for almost 20 years. There is a definitive character to the community, and allowing such density to be increased will definitely impair all of the efforts by all of the communities around Orange Blossom to continue with beautification, to mitigate damages by the hurricane. Another topic that I wanted to bring up to you is that the -- it's been already talked about -- the traffic and the safety. Safety to where our kids do walk to the library, do walk to the churches, do walk to the cultural events that take place. They bike. And the increasing density here, we already see the impact of higher impact -- higher traffic. Another thing is that the current requirements of the code will make the buildings stand taller as the newer raised buildings are being built there. And I wanted to see the environmental studies that are backed up by Water Management, because we -- as the last hurricane showed to us, we do have major concerns about water congregation in certain areas around the older communities, also in the areas of natural habitat preservation. So, for example, the area of natural preservation -- natural preserve between Stonegate and the Mill Run is constantly overflooded. We have problems with the mosquitoes, with the wildlife growth, with certain things that are not being controlled or addressed. Such density will significantly impact water congregation in those areas. It will make it worse. It will make it less manageable, May 23, 2023 Page 103 and there'll be all sorts of different outcomes that we do not have the proper studies for. So besides all of the concerns that were already voiced here, I urge you, Commissioners, to look at the environmental and water management studies deeper and deny this project, because high density will definitely impact Orange Blossom besides all the safety concerns. Thank you very much. MR. MILLER: Your next speaker is David Recklitis. He'll be followed on Zoom by Joseph Whalen. CHAIRMAN LoCASTRO: Mr. Miller, how many more do we have? MR. MILLER: Three. CHAIRMAN LoCASTRO: I'm just trying to judge the time. So what we'll do is we're going to finish public comment, then we're going to take a lunch break so that we can have a nice division of -- and then we'll have probably Mr. Bosi come up to the podium, would be my guess, after lunch. Go ahead, sir. MR. RECKLITIS: Thank you, esteemed Commissioners. I've been in the area for 20 years, and have noticed the growth. We've got two seasons. In season, out of season type of thing. And in season's pretty traumatic for a lot of people. And, of course, a lot of compliments go for the framework developers of the growth program that's going on. But, unfortunately, it's -- history's repeating itself. We're getting overpopulated, and that's just naturally by single-resident families with their kids getting driver's licenses and everything else. And recently, no one's mentioned anything about Siena Lakes. They just put in, like, 170 units over there. Now there's no more parking over at the Publix supermarket. Sam's Club, you've got to May 23, 2023 Page 104 scoot and skedaddle to get a parking spot sometimes. I'm a victim of COVID. I now suffer chronic pain. I have bilateral hip replacements. A lot of the stuff -- parking farther away is not really a big issue, you know, right now for me, because I can still hobble along, but a few years from now, that's going to be like, hey, there's no more parking spaces here. How am I supposed to get from in and out of the store, let alone -- We're overpopulated as it is. That's just from Siena Lakes going in. Maybe we should stop for a little bit and see the complete impact of what Siena Lakes has done, maybe just put a freeze on these buildings going on. Putting in more buildings is like insanity. I mean, it's been attributed to a couple people that insanity is doing the same thing over and over again and expecting different results. Right now you make that turn going down to JC Boulevard or Naples Boulevard, the traffic's horrendous by the time you hit Pine Ridge. It's just like, where do all these cars come from? You go the other way, same thing going to Vanderbilt. The traffic is just horrendous. And the lines are getting extremely blurred in between season and out of season. A lot more people are staying here. So I don't know, you might be thinking, maybe we should expand our parking lots instead of putting houses on top of houses and stacking people on top of people to make more residents and more units. I think we need to take a look at exactly where we're going with this growth program and maybe reconsider a couple of these items of allowing extra people to be living on top of people three, four stories tall. I mean, hey, let's just put in single-residency houses and stuff. I think that's probably a little bit better to go for. Thank you for listening to me. Please have a pleasant afternoon. May 23, 2023 Page 105 MR. MILLER: Your next speaker on Zoom is Joseph Whalen. He'll be followed on Zoom by Lawrence Smith. Mr. Whalen, you should be getting prompted to unmute your microphone, if you'll do so at this time. And there you are. Mr. Whalen, you have three minutes, sir. MR. WHALEN: Thank you. Good afternoon. My name is Joe Whalen. I'm with the ownership group at Carlisle Naples. I'm here to observe the proceedings. I have no other comments at this time. Thank you very much. MR. MILLER: Thank you, sir. Your next speaker on Zoom is Lawrence Smith. Mr. Smith, you should be prompted to unmute your microphone, if you'll do so at this time. And, Mr. Smith, I see unmuted. You have three minutes, sir. MR. SMITH: Thank you, Mr. Chair, and thank you, Commissioners. My name is Lawrence Smith, and I am president of Bridgewater Bay representing over a thousand very concerned residents. I'm also a commercial and housing developer in Boston in our nation's capitol, namely Georgetown, Washington, D.C. I would urge this board to deny, d-e-n-y. D is for dangerous. All -- previous speakers have spoken about the dangerous intersection in this area. It is one of the most dangerous intersections in all of Naples. We have significant traffic coming from Orange Blossom with over 8,000 residents in this area. It is a residential area. Don't let planning staff describe 8,000-plus residents along Orange Blossom as anything but residential. I would point out that in the Growth Management Plan, those commercial uses are supposed to be supportive for the surrounding community. Those are the ones that are placed at the intersections. May 23, 2023 Page 106 Now, while I'm very, very supportive of affordable housing, I think they're giving up some of the potential commercial use of this site that could be residential supported. I also want to point out some things on the dangerous traffic that we're seeing in the area. It's been mentioned about the dangerous traffic weaving pattern for anyone that's pulling out of the site onto Airport-Pulling, much more than the existing -- existing weaving patterns. The county is already looking at having to repave the intersection by the Greek Church, the nursery, namely this intersection of Airport-Pulling and Orange Blossom. The time for the other developer to repave that road has come and gone. The county and our citizens, our needing to spend tax dollars to repair other developers' mistakes in the immediate area is not the way to go. Please don't create a dangerous precedent in giving a height variance and allowing a dangerous density bonus for a developer that has not done their proper due diligence and technical submission for this rezoning. This rezoning is a privilege. It's not a right. The five other developments that they are comparing this project to, such as Lely, are not comparable at all to Orange Blossom and Airport-Pulling. One of the commissioners mentioned the -- you know, the priceless nature of one life. Well, this is a very, very dangerous intersection. E, examine. Examine the roads out there. It's absurd to me that this developer is allowed to use the ITE Trip Generation Manual, a manual even in its 11th edition that is over two years old and does not -- they have not done a detailed traffic study of that intersection. So the previous speaker mentioned level of service. They don't even know what the level of service is at that intersection. But I can May 23, 2023 Page 107 tell you from my experience, it's Level of Service F, meaning failed. N. N is for need. While I respect the need for affordable housing, I also respect the N, which is the commissioners should be negotiating this. I think the planning staff should have negotiated the management plan. We do need affordable housing, but we don't need to give this project away. Deny it or reduce it to 150 units or less, what is their matter of right to get three-story matter-of-right housing? Develop -- the developer will be able to generate revenue of well over five million annually. Those project costs are going to be reducing in proportion. He will be easily able to get 5.5 percent. Do you know what 5.5 percent of this project would cap out at in value? It's tremendous. So negotiate with the developer for affordable units in all four categories. Carriage units, one-bedroom units, two-bedroom units, and one-bedroom [sic] units. I did the math, and if you -- if you apply the unit -- instead of talking about units, talk about bedrooms. The developer kind of tap- danced around that he wasn't going to be restricted to applying this affordable housing in all categories. Even if he went to the matter-of-right level, let's just say 150 units, and applied his 22 percent, which is very low for affordable housing requirement, he would come up with 73 bedrooms versus the 76 that he's proposing just in using one-bedroom units. I would also point out that in many, many other states -- and I suspect your affordable housing guidelines are going to change -- they require this 25 percent, or they require that the specific ratios be spread across the entire housing type that the development has. Affordable housing units are supposed to be transparent to the community. They're not supposed to be all jammed into the smallest May 23, 2023 Page 108 one-bedroom units. So why Y, finally, Y. Y is for you. We are residents, and we are asking you to deny this, to pause. This project will certainly come back. It is far too well-located, and there's far too much money to be made for any developer for it not to come back. We will applaud your leadership when you deny this and bring this back to a better project to us. We ask you to deny. Thank you. MR. MILLER: That's your final speaker. CHAIRMAN LoCASTRO: Okay. All right. We're going to take a break. We're going to come back here at -- let's see. Let's come back here at an even 1:30. (A luncheon recess was had from 12:25 p.m. to 1:30 p.m.) CHAIRMAN LoCASTRO: Okay. I know it goes without saying, but if you have a cell phone that you haven't silenced -- you know, we did hear some good music during the last meeting but, seriously, you know, just out of respect for everybody, it's not a huge showstopper, but when you leave for lunch a lot of times we all turn our phones back on, so let's do that. I don't know, unless there's any objections from my peers, I just think that the next likely person I'd like to bring to the podium is Mr. Bosi. His name was said, you know, maybe in vain, you know, multiple times, but, you know, I know we really respect his position and everything he has to say when it comes to analysis. So, Mr. Bosi, we're all ears. MR. BOSI: Thank you, Chair. Mike Bosi, Planning and Zoning director. Just to put on the record, the petition has been reviewed by all the individual departments and divisions, Transportation, Utilities, Environmental, a lot of the things that were mentioned. Staff is recommending approval on both the Growth Management Plan and the request for the commercial PUD -- or mixed-use PUD. It was a May 23, 2023 Page 109 recommendation of approval from the Planning Commission 4 to 2. I think the earlier presenters highlighted the two objectors, what they were looking for. From staff's perspective, there was a lot of things that were put on the presentation attributing what was the allowed density or wasn't allowed density. There must have been some mis- -- or some confusion during our discussions, because some of the numbers that were attributed weren't correct, but that's all right. They're not looking to utilize the provisions of the Growth Management Plan. They're submitting a Growth Management Plan amendment to allow for the density that's being requested as well as, you know, the 22.6 percent affordable housing. One of the things that I would like to let the Commission know, that right across -- right across Airport Road, there's the Long View PUD. And the Long View PUD -- and this is just in terms of overall height and consistency. The Long View Center PUD allows for an actual height of 62 feet. So what -- the statements were that if you allowed 60 feet, you were going to be 40 percent above what's currently built. That may be the case, but a prior board has already established that 62 -- 62 feet is an appropriate height within this area. Another of the -- of an attribute that was a statement that was attributed to me was this area is not an activity center, and I agree; this area is not an activity center, but what I have also said is this activity -- or this area functions like an activity center. There's four corners. There's four corners within this intersection, none of them are residential. None of them are residential. One of them allows 62 feet of actual height. So I don't disagree, though, that there's residential properties to the north and to the west and to the south. Interesting, if you look down at the Bear Creek PUD, that was developed in the '90s as an affordable housing program. It was May 23, 2023 Page 110 allocated at 14 units an acre, the highest allowed outside of an activity center. So this -- the county has already looked at this intersection and has, in the past, deemed it appropriate for affordable housing. And one of the reasons why I believe that that is a decision or -- that was made is because of the number of employment opportunities that are within this local area. If you look to the north, there's an activity center at Orange Blossom -- not Orange Blossom, but Airport Road and Vanderbilt. If you look to the south below Bear Creek, you've got another development, Arbor Walk. That was an affordable housing development as well developed at 12 units an acre. Below that is an industrial plaza, and below that is another activity center. So the number of job opportunities within the localized area are prevalent. And one of the things that we're trying to promote with the -- with the addition of affordable housing, we're not going to reduce the traffic because we're adding more units, but what we're going to do is we're going to reduce the trip lengths, and the location has everything to do with that, the location of having a prevalence of jobs within a close proximity towards where the affordable housing location is. The logical conclusion is there will be a reduction in the overall trips that will need to be traveled. I've said it to this Board of County Commissioners a number of times: We import 45,000 people a day to fill the economic needs of this county. They drive from outside the county towards wherever their workplace of destination and back. Those are long trip lengths. What we're trying to do is allow -- to shorten some of those, a percentage of those, and we feel that this has the opportunity to provide for a community benefit within the provision. There's been a lot made of 2.06, which is in our Land Development Code. That table that they kept referring to is not a Growth Management Plan provision. That is the -- that is the May 23, 2023 Page 111 implementation arm of the policies to promote affordable housing that's contained within your Growth Management Plan. But one of the problems that we've seen within 2.06 is it was originally developed in the 1990s as part of a tax credit program for the true affordable housing providers who look to -- look for tax credits as well as other subsidies to help buy down the costs. The proposal that is being put forward today is for a market rate provider of housing. He can -- they can also set aside a provision for affordable housing, but affordable housing's not their main game. They don't work in the tax credit system. They just work and try to allow for their units that are market rate to buy down and pay for the cost of the affordable units. Another aspect that I wanted to point out -- and it's been stated here a couple times and I just wanted to remind the Board -- the Growth Management Plan is not a stacked document. It was adopted in 1989, and it's not the same document that was adopted in '89. It's been amended hundreds of times. Because -- it's been adopted hundreds of times, because it's got concepts and principles that we're trying to obtain. When we find that the land-use arrangement that's provided for within our Growth Management Plan or our Land Development Code is not yielding the results that those polices are trying to promote, we amend it. We amend it internally. We also allow the private development side to amend it. We understand that the marketplace understands what there is in terms of an overall need. They submit a Growth Management Plan amendment, we analyze the data and analyze that are provided for, we make an evaluation, provide those factors to the Planning Commission, the Planning Commission would make a recommendation to the Board, and the Board of County Commissioners makes a determination if they feel it's appropriate to amend the Growth Management Plan. May 23, 2023 Page 112 So it's not a great exception that's being proposed. In the last three years, we have set aside close to 2,500 units that are dedicated to affordable housing. The majority of those were set aside through the Growth Management Plan amendment process. So this is something the Board of County Commissioners has routinely done to advance affordable housing in the right locations. And we do feel that this is the right location because the focus of this project is going to be directed towards Airport Road, a six-lane divided highway that we feel has the capacity to be able to accept the impacts of the traffic, and the impacts of the intensity of this project focus towards that road and not focus towards Orange Blossom. So for a lot of those individual reasons -- and I have Cormac Giblin here as well as Mike Sawyer from the Transportation Department, Trinity Scott. If you had any questions about any of those disciplines, they can most certainly come up, and staff would entertain any questions that you may have related to the project. CHAIRMAN LoCASTRO: I've got plenty of questions. Go ahead, Commissioner Saunders. I can see you reaching. COMMISSIONER SAUNDERS: Yeah, just a couple for clarification. What is permitted there right now in terms of the maximum numbers of units they could build on that parcel just the way it is right now, or units per acre, I guess? MR. BOSI: One unit per five acres. It's ag. COMMISSIONER SAUNDERS: Okay. So they would be able to build -- is it four units? They've got a little over 20 acres there with everything combined? MR. BOSI: The one parcel that's zoned -- that's -- that is 10 acres by itself right now; they could develop two houses per the current zoning. COMMISSIONER SAUNDERS: They're including more property into the application. So would that be three, then? May 23, 2023 Page 113 MR. BOSI: Well, it depends on how much -- I mean, you're -- if you're talking about 15, then you could have three, because it's one to five. It's a very low -- COMMISSIONER SAUNDERS: Even I can handle that math. MR. BOSI: Yeah, yes. COMMISSIONER SAUNDERS: I'm just trying to find out how many units they have on the property. MR. BOSI: There's -- COMMISSIONER SAUNDERS: All right. So if we approved a project there with an affordable housing component, what are some of the benefits in terms of upping the density that they could get? And I realize that we can pretty much do what we want in terms of density, but just from a staff perspective or just informing me, if they were able to rezone this and get density bonus points and affordable housing bonus, what are the numbers of units that they could get in addition? MR. BOSI: So if you're asking me, what was the maximum number of units that they could get without a -- or without a GMP amendment? COMMISSIONER SAUNDERS: Correct. MR. BOSI: They would be entitled to a base of four. They have a -- they have an infill -- residential infill bonus of three units per acre as well we have an affordable housing bonus opportunity for 12 additional units, but because this is outside of an activity center, the Future Land Use Map in the Density Rating System would cap them to below 16 units an acre. It would be basically 15 units an acre. COMMISSIONER SAUNDERS: So they could get 15 units an acre. And this is on the 10 acres we're talking about? MR. BOSI: Yes. COMMISSIONER SAUNDERS: Because there's been some May 23, 2023 Page 114 discussion about 150 units. MR. BOSI: It's on the 10 acres, yes, yes. COMMISSIONER SAUNDERS: That's all. I just wanted some clarification, Mr. Chairman. CHAIRMAN LoCASTRO: Let's see where my questions are. Most of these are sort of statements based on what other people have said. And, Mr. Bosi, you've answered my questions on traffic and trip lengths. Let me see if -- what did you -- repeat again what you said about -- you know, we heard some folks come up here and said, oh, my gosh, if it's above 42 feet, impossible, crazy, disaster. And I'm summarizing, but -- or paraphrasing improperly. But you said something where you said, ah, not so fast, Commissioner. There actually have been some changes that have happened that don't make this such a giant leap. Say it properly with what the -- you know, your area of expertise is. MR. BOSI: The south -- southeast corner of Airport Blossom -- or Airport Road and Orange Blossom, the southeast corner of that intersection allows for an actual height of 62 feet, so that establishes the maximum height that's -- CHAIRMAN LoCASTRO: Nothing is there that's 62 feet, but it could be, is what you're saying? MR. BOSI: That parcel's undeveloped -- hasn't been developed yet. The expectation would be that they would get close to the 62 feet that is permitted. CHAIRMAN LoCASTRO: I mean, one thing I will say to those citizens -- and I might be a little bit out of order -- out of sequence here, but, you know, we had something similar, you know, to this on Isles of Capri, not the same, but, you know, a contentious issue that, you know, either people wanted nothing or they wanted May 23, 2023 Page 115 commercial or they wanted something sort of in the middle -- and, you know, the reality is, I mean -- you know, I always say there's no vacant land in Collier County. There's only undeveloped land. The only thing that's vacant is the Everglades, and so everything else is undeveloped. You've answered my question about the height, but I remember -- you know, not going back in time to Isles of Capri, but I remember a lot of citizens coming up here and going, well, if you approve this condo unit at a certain height, then, basically, you've opened up the floodgates and every single person now is going to get gigantic units, and we all sat up here and said, that's preposterous. We vote on everything separately. So if something is 50 feet, it doesn't mean that that's the new standard. Even though citizens might think that, I think we've said no to plenty of things up here that had other things in the area. So everything stands on its own. We look at traffic. We look at water. We look at density. We look at population. We look at the schools and all those other things. So, you know, that, to me, is something that doesn't hold a lot of water. We're in here deciding on this one particular thing. So I realize there's other tracts of land, but I don't think anybody up here is going to say, well, we've set that precedent, so everything's going to be, now, 60 feet or higher. I mean, we've proven that in this room, and maybe not with the people that are in here now, so they haven't had the benefit of sort of hearing, you know, what we've heard on other things we've voted on, but it's fact. I'm glad to hear that there was -- and this is where maybe more of these are statements -- that there was good NIM participation even though it sounded like it was probably contentious and not extremely positive. I always say, you know, the beauty of NIMs is you want to go in there and try to negotiate a bit. Maybe there was some of that. May 23, 2023 Page 116 You know, obviously the landowner and developer made some changes, so, you know, that was good. The gentleman that spoke first, you don't need to come up to the podium, but some notes I made here while you were speaking, and you said you represent a very large group. And first of all, thank you so much for your professional, well-thought-out, eloquent comments. Whoever picked you as the spokesperson, that's what you want to do in here. So the 15 people that all said, I don't want to speak on the microphone. I'm scared, and I'm not great, you know, I might even do that -- but that's what you want to do, one person. So if anybody's watching this, when we get through all of this, 30 people all telling us we're stupid and we're ruining their community is not the same as one gentleman coming up here going, you know, we're trying to find balance, and I'm representing a lot of people. But a couple things that I did write down, and you said you're representing a large group that aren't trying to put nothing there, you're not that -- you know, I don't want to say, like, naive or that short-sighted. You realize something is going to go there. You are supportive of affordable housing and the needs for it. But what I would tell you is, you're not up here representing everybody because we got -- and you know that. But we got hundreds of emails that sounded just like this, okay, and here's the email. I won't read the person's name. But my colleagues got these exact emails from tons of people that must not be in your group. I strongly oppose The Haven affordable housing project. This will have a major negative impact on our community. Now, when I read those, great. I love citizen input, but this is total NIMBY, not in my backyard, because if you were in here two weeks ago or two months ago, we had people in here with pitchforks -- sharpening their pitchforks and with lit torches all telling us we're stupid because there's a huge affordable housing issue in Collier County, and we've May 23, 2023 Page 117 done nothing about it. But then the minute we try to do something in somebody's neighborhood, then you get 300 emails like this that say, well, yeah, I want you to do something about it, but build it out in Immokalee behind a bunch of redwood trees that nobody can see. And, you know, that's not realistic as well. So, you know, that's -- you didn't say anything wrong or anything that was without merit, but I will tell you, we're the only ones up here that really heard from everybody, and everybody didn't represent your position. There were people that sent us one email and said, I do not want -- I got an email from somebody that said, the reason why I don't want The Haven is because we all have very expensive, beautiful homes, and these affordable housing projects come in and wreck our community and lower our property values. And the last sentence was almost verbatim: Find another place for it. And, you know, I mean, that's not realistic in here. And I'm not saying we're going to shoehorn or force feed it in there, but that's some of the feedback. So sometimes when people hear us vote and wonder why that vote was so stupid to them, there's plenty of stimuli we get from the local community that have, you know, other options or other ideas. The lady that was up here and was also very eloquent but said -- and it's the young lady that used to work for the county here. I think we all recognize her and appreciate her expertise. But one thing I will disagree with is adding affordable housing does increase density, and it does increase revenue, but the way it was presented here is, wow, that greedy developer. We are in here mandating affordable housing, so if this developer came up here and was naive enough to say, we don't want to put any affordable housing here, this meeting would be very short because I guarantee you my colleagues May 23, 2023 Page 118 would jump on it and say, look, we're being -- been yelled at for the last two years that we have no affordable housing in Collier County. People are sleeping in their cars, how stupid we were to not pass the 60-day rental ordinance and, you know, we have no compassion for affordable housing. Affordable housing is in this project because this developer knows if they don't put it in there, we're going to make them put it in there. So it's not a matter of, you know, they -- and this is my own perspective. I'm curious to hear from my colleagues, but it's not because they sharpened their pencil, got new batteries for their calculator, and said, wow, how can we squeeze more money out of this project? We're making them do that, and so it has to be part of almost every project. Not every project, but almost every one. So, you know, spinning it on the other way and making it sound like, you know, it's another greedy developer who's just looking for more density and is, you know, squeezing or sneaking affordable housing in there, trust me, if they don't -- if they don't put it in there, we're going to make them in most cases. Crash rates, okay, I'm dealing with this a lot in my district. Just because there's a ton of accidents at a very busy intersection where a lot of people have crashes doesn't mean that we don't -- that we won't add more development there. If Sheriff Rambosk was here, crash rates mean a whole bunch of things. It might mean -- might mean that this community has a bunch of unsafe drivers who are impatient and don't -- you know, are trying to cross six lanes and not make a right-hand turn and make a safe U-turn. Maybe they, you know, have to get a kid to school or do whatever. But, you know, when somebody tries to connect for our decision, well, there's really a lot of crashes there, I mean, that's not a reason for us to say, okay, then we won't put any more development there. May 23, 2023 Page 119 If we didn't -- if we didn't add development in places that just had a lot of accidents, then you might as well put a lock on that door, and we're done in Collier County building anything. And on the flip side is I would love to dive in with our traffic experts on that, because when we have areas where there's a lot of crashes or unsafe, we had stop signs, we get more -- we get with FDOT, we add more streetlights, we add more turn lanes, we make streets wider. We do all kinds of things. We add more crosswalks. We do -- you know, so that's sort of like an apples and chairs kind of thing that, you know, if the connection is, well, it's so dangerous at that intersection now, it doesn't make me look at this project and say, well then, you know, all the remaining vacant land, undeveloped land, in this district has to stay that way, because we can't, you know, put anything else into it. And then, you know, lastly, I'll just say there were several people that were talking about what a disaster -- I actually wrote it down verbatim -- one or two people said it -- such a disaster in this location right now because of density, population, traffic, crashes, and all of that. But when I look at the proposal that was made, I sit here and go, wow, just lowering the project by 50 units, 100 units, 90 units is going to make such a gigantic -- if it's such a disaster, we should maybe shut down some of the apartment complexes that are down there, because it seems like it's unsafe with what's down there now. And, you know, I'm being a little bit, you know, facetious and partially sarcastic. But, really, to make the point that, you know, the proposal of, you know, a few less affordable units and few of this, I mean, that, to me, is negligible. I mean, either it's a total disaster and this project does not belong on that property at all and it needs to be something totally different or, you know, the small little changes here and there. I mean, yeah, every car matters, but, I mean, I'm -- I May 23, 2023 Page 120 don't think sitting here going, well, you know, instead of 76 units, you know, we're okay with 60. You know, that reminds me of just sitting here trying to negotiate on the purchase of a car. Well, you know, I'll pay 45, but I'll offer 35, and maybe they'll take 37. And, you know, we're trying to make bigger strategic decisions here than that. So I look at the proposal. And I appreciate citizens trying to get it down to the smallest possible acceptable level, but in my eyes, the difference between what I see is the smallest acceptable level, at least to the largest group that's represented here, and what's being presented to me is negligible. It's not going to -- it's not going to put 10,000 less cars on the road. It's -- you know, it's not going to make that kind of gigantic impact. And to me, also, the four stories -- one of the things I'd asked Mr. Bosi -- and maybe this is a question. I sit here, and when I look at height -- I got emails from some people that I don't even think when they look out any -- look outside of any window of their home will ever -- will actually be able to see this building, yet they wrote me a page-and-a-half email talking about how the height is totally going to ruin the community. And I'm not saying they don't leave their house. But, you know, this is your area of expertise. I'm hearing from you that the difference between three stories and four stories in the big strategic landscape of this area is negligible or not a factor. And, there again, much like for the Isle of Capri issue where I caught a lot of spears and even people did here, it was after every single department in the county recommended the decision that we unanimously made. I'm hearing the same thing here after all of your analysis and traffic and everything. Every department in the county is recommending that we approve this, correct, as is? MR. BOSI: Yes. Yes, sir. May 23, 2023 Page 121 CHAIRMAN LoCASTRO: Okay. And then, you know, the first part of my question was: If it was four stories, with your analysis looking at the entire landscape and sort of taking sort of the personalization that a lot of times citizens have, and that does have merit. So I'm not discounting that. But we also have to look at the strategic landscape. Is it -- is it so egregious that going from 42 to 60 feet does something that we really, really need to take a second look at? MR. BOSI: There is a concept in the field of planning, and it's -- it's based upon graduation and the gradual increase or decrease of intensity in height. And related to intensity -- related to the density and intensity related to the height, this is an appropriate way in which the planning field would treat it. At your corner, you would -- in your most intensity -- because, like I said, at these four intersections, it's nonresidential. So that's your most intense uses. You would have your highest intensity of density, intensity of use, and intensity of height. As you pull that back, you would step down. You'd step down to a 40-foot Carlisle. You would step down to a two- or three-story multifamily of Bear Creek Apartments, from the -- from the 60 feet down to 42 feet down to the single-family. That's a normal transition within an urban area. This is squarely within the urban area of Collier County. You would expect to have buildings three and four stories within this type of an environment. It's one of the reasons, I believe, why across the street there is a PUD that allows 62 feet in height because of its urban location, because of it -- because of where it sits within the corner of an intersection of two minor and major collector roads. And the concept of stepping down the height and the density is within this component, and as you get further away from that intersection, the height and the density increases. May 23, 2023 Page 122 CHAIRMAN LoCASTRO: My last comment's going to be about the Growth Management Plan. You know, we have the Golden Gate master plan, which we use as a very stringent guideline. Growth Management Plan, you know, falls in sort of that same category, obviously. In District 1 right now, we've got the East Naples overlay, which is going to be sort of like our Growth Management Plan, so to speak, if it's approved, basically giving guidelines. But as somebody said here -- and, you know, I'll finish sort of the quote, the definition of insanity is doing the same thing over and over and over again. Some of these plans are quite dated. And I don't know that we had as many people sleeping in their cars and who needed affordable housing, and it's not just, you know, the nurses and the firefighters. Actually, I hear from people in my community that say, stop talking about the nurses and firefighters. You know, the nurse at NCH makes a pretty good wage. My husband's an out-of-work mechanic, and I'm a waitress at two different restaurants. We're the people that you need to, you know, sort of focus on. And when you see even the reduced rates for affordable housing, this is an expensive place to live. You know, these aren't units that are going to be $400 a month. But we've got to do something. So I know a lot of times when a community doesn't want something, they immediately throw up the Growth Management Plan. You know, Commissioner Saunders is very used to the Golden Gate Master Plan, and that has merit, that has value. No question there are times where we throw that up and we vote against something because we think it's so egregiously going to conflict with a plan. But also, too, as you said, Mr. Bosi, unless I misunderstood you, we have deviated at times for the plan when it made sense. And I think we have to have that latitude, that smarts, that forward thinking May 23, 2023 Page 123 to adjust to a community that isn't the same as it was in 1983 or '93 or '73. And, you know, I don't want to have the definition of insanity which is, well, we just keep doing the same thing. And then once we feel like the balloon is inflated, then we just back off and go, hey, we can't do anything anymore. We've got some serious, you know, issues out there. One of the things I did like about this plan was the aggressiveness of the affordable housing. And, yeah, does it put money in the developer's pocket? Well, whatever they build there is going to do that. But I can tell you, if the developer came to this podium and didn't mention affordable housing, I got news for you, we'd all be stepping over each other trying to say, wait a minute, you know, this is in the nerve center of Naples. There are some places where affordable housing doesn't make sense, but you hit the nail on the head with the shorter trips. And I will tell you also -- we also got a lot of emails that came sort of later in the game, but to my colleagues, correct me if I'm wrong, from businesspeople who said, you know, don't miss an opportunity to do something there. And I appreciate what the gentleman said at the beginning that spoke very eloquently and said, hey, we're not naive enough to stand up here and just say, you know, the county should buy it and turn it into a park. We've heard that before. But the reality is this is a major nerve center, a major nucleus of Naples, and it was brought to our attention by a lot of business owners who are salivating over something going there. And, you know, to the residents' credit here, I don't think anybody in this room is saying, please put nothing there, and dismissed. It's finding that right algorithm. I've got every commissioner lit up. Obviously, I want to hear from everyone, especially Commissioner Hall, because I think he's May 23, 2023 Page 124 probably burned the most hours on this, has heard from more people than all of us have, but I know that our in-boxes have been full. Actually going to -- for the first time in a while, I'm going to go a little bit out of ordinary only because I do want to hear from Commissioner Hall, and he's lit up here second. So, Commissioner Hall, we'll hear from you, and, Commissioner Kowal, you're on deck, and then Commissioner McDaniel. So, Commissioner Hall, over to you. COMMISSIONER HALL: Great. First of all, I want to say thanks to Mr. Renner. He did a great job. Just like the Chairman commented, it's not that this neighborhood is not looking for anything. They understand that growth is going to happen. And like the creativity of this deal, I like the fact that they -- you know, it has joined forces with the Carlisle and that they -- you know, they increased their acreage to get their density to ask. It's a beautiful rendering. I appreciate the fact that they tried to make some concessions at the NIMs. CPC -- or the Planning Commission and staff has -- they're all -- they're all for this. The AHAC is for it because they're all excited about the affordable housing -- there's 76 units that can be affordable, and they're all excited about that. You know, our Comp Plan was designed a while ago, but it was also designed around the road capacities. We have more property to develop. We don't have any more property for our roads. The roads were designed per the plan, and this project being allowable is evident, but whether it's desirable is the question. I've spent a lot of time since a candidate at these -- at these meetings with this alliance, and they've been well-organized, they've been well -- well thought out. They don't want the project. And it's not because it's a NIMBY. It's not because -- I mean, I read that -- I read those emails, and there were some like that. But the majority of the May 23, 2023 Page 125 emails that I got and the majority of the feedback from the public from 4,000 households -- that's a lot of people in District 2, and they don't want the project because they don't want the height, and they don't want the density. So the Carlisle being included, the Carlisle's not going to add anything to this project. Yes, in this PUD, they're proposing to bring the Carlisle up to current standards there, their square foot ratio, but the Carlisle can stand alone on that. The way I look at this, this is a 336-unit complex that's wanting to be put on 10 acres. You can add -- you can add PUDs, you can do everything you want to, but there's a 10-acre spot of land there that has -- that's where the property's going. That's 33 units an acre. I don't care how else you split it up. You can say, well, we've got 15 acres, and it's 25. Well, it's -- we got 27 acres in the PUD. It's only 12 units an acre. What reality is is it's 336 units going on a 10-acre piece of land. And understanding that, I ran -- I ran with an understanding that my role was to protect and secure the rights of the citizens. I like the project; they don't. It's not my decision whether I like it or not; it's their decision. It's -- I represent them. Their message has been loud; their message has been clear. And so I also ran on smart growth. And there's nobody in the room that -- and I also ran on affordable housing. That's a big thing with me. But knowing that it's still a 336-unit on a 10-acre plat -- and the affordability thing to me is a carrot. It's an effort. It's a showing of, yes, we care, and we want to provide that. But it's a carrot to get 266 more units of market-rate homes to -- you know, to put on that 10-acre spot. The Bible says with faith and patience, we inherit the promises. So I'm willing to take -- I'm willing to put my faith out there that there's somebody else that's willing to build more affordable units on May 23, 2023 Page 126 that 10 acres, and I'm willing to be a little bit more patient about it. So with those thoughts, I'm going to oppose this project based on what the people have wanted and be patient enough to think that there's somebody else that's going to come along there and put more affordable units on there. By state statute, if we can -- if we deem this commercial at some point in time, the law says they have to have at least 40 percent affordable homes. So by rights, if somebody had it and you gave them seven units an acre plus you gave them a six-unit bonus for affordable housing, that's 13 -- that's 13 units an acre for a total amount of 130 acres [sic]. That's not a burdensome thing on the -- I don't even care if it was four feet -- or four stories. That's really not my issue. My issue is strictly the density of it. And it is going to -- District 2 has the most traffic in the county. And if you drive District 2 -- I know Commissioner McDaniel does, because he comes in from the east all the time -- it's busy. It's congested. It's heavy. And it's getting that way through the summer. There's really not a big break between season and the summer like there used to be. So just to be able to add to it just because we can and it's allowable and we can change the code or we can change the growth plan, I'm not sure that's the smartest thing to do when, if we can just be a little bit patient, we'll get some -- we'll get some affordable homes in there, and that's a prime spot. So I've said enough, but I'm going to oppose the deal. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Mr. Bosi, you answered a couple of my questions already, because I was curious with the Growth Management Plan when it was, it took adoption. I guess it was 1989. And I know we've -- just through attrition and through just our growth, just the May 23, 2023 Page 127 natural growth of this community, we -- you know, we've had to make amendments to that. And I know we all have been faced over the last several years -- I know I had in my previous career with the Sheriff's Department -- in retention of good people and retention of recruitment, that we've been facing a housing issue for at least 10 years. So probably longer than the majority of the people in the county have noticed it over the last few years. And that makes sense, because, you know, if you stick to some of these older plans, these older growth development plans, and -- you know, it doesn't entice people to take their personal money and their private money and invest it, you know, to fix this problem. And the problem's grown because nobody wants to invest their money, you know, into something that's not going to be profitable for them in the end. I mean, that's how our market and that's how our country's built through, you know, people investing their own money into the market and expecting some sort of demand or some sort of return on their investment. So, you know, I just want to revisit -- I know we asked this question earlier, and I didn't get a -- this particular property's zoned ag, right? MR. BOSI: Correct. COMMISSIONER KOWAL: Okay. And I heard some of the people that are concerned about the project or this project wishing it would be possibly a developer commercial come in and possibly ask for a change to a commercial. I've heard that several times. MR. BOSI: I think what they were alluding to was to Lutgert rezone which is -- COMMISSIONER KOWAL: That was one of my other questions -- MR. BOSI: The one parcel, yeah. It's one parcel up. It's May 23, 2023 Page 128 being scheduled -- it's actually scheduled for the June 1st Planning Commission meeting, but the Board meeting has not been determined. COMMISSIONER KOWAL: So I'll just go to that, then. So we have the Lutgert which is just directly north of this project, which is already zoned C1, C2, or C-3, correct? MR. BOSI: Correct. COMMISSIONER KOWAL: So July 1, when our Live Local Act kicks in that the Governor passed that basically handcuffs us on making any decisions in the future by right, could Lutgert sell this to somebody else? And what could they possibly build on that piece of property? MR. BOSI: The way that -- COMMISSIONER KOWAL: Take into consideration the school board building which is within one linear mile of there. Anybody know the height of the school board building? MR. BOSI: It's at least eight stories. COMMISSIONER KOWAL: Okay. MR. BOSI: The Senate Bill 102 allows for the highest density allowed in a residential project within the county, as well as the highest structure, commercial or residential, within a mile of this -- of this area. So the highest residential zoning that's allowed is contained within the mini triangle mixed-use PUD. It allows residential at 92 units an acre. And if you can go up to eight stories, if there's an eight-story structure within a mile of this -- of the Lutgert project, they could develop at 92 units an acre at 85 feet, whatever the highest structure would be. And they -- you don't have a right to -- you don't have a right to deny that. That would be simply an administrative application that would go to our Site Development Plan process. They would have to satisfy the parking, water management, all the May 23, 2023 Page 129 other criteria that would -- but if they've got a good engineering and architectural firm, they'll be able to satisfy those. And as long as they can satisfy every component of the Land Development Code, then that SDP can be approved. COMMISSIONER KOWAL: Okay. So we mentioned the lot on the northeast corner of Orange Blossom and Airport, and you'd said that is already possibly approved for a 62-foot project? MR. BOSI: It's approved for a mixed-use for a commercial use or for a church use. It's either/or. COMMISSIONER KOWAL: So that's also a commercial lot? MR. BOSI: Both of those -- on the northeast and the southeast, both of those could be exercised from the Live Local Act as well as, because they are commercially zoned. COMMISSIONER KOWAL: So you could have another 80-some-foot building with 92 units per acre on that corner, and we wouldn't have any say in that, correct? MR. BOSI: Correct. COMMISSIONER KOWAL: Okay. How about the lot to the southeast corner, which I believe is the nursery there now? Do you know what that's zoned? MR. YOVANOVICH: Commercial. MR. BOSI: I believe it's commercial. MR. YOVANOVICH: It's commercial. COMMISSIONER KOWAL: Okay. MR. BOSI: And with the commercial, it's the same -- the same allotment would be provided for. COMMISSIONER KOWAL: I guess where I'm going with this is, I just don't -- I'm not one of them kind of guys I like to go to Vegas because I like to gamble to a point. I don't like to gamble. And, you know, I'm trying to look at the picture down the road that we could -- what that corner could look like by law and by right. May 23, 2023 Page 130 And none of us up here can do anything about it. And there's a chance that that lot that we're talking about right now could ask for a commercial conversion, like I've heard some people in here asking. And if they decide not to go with the commercial building, they could also take advantage of the by-right, correct? MR. BOSI: That will be for the next 10 years, because that's how long the Senate Bill 102 is set for. You're always going to have to think in the back of your mind, any request to go to commercial, industrial, or mixed-use could, at any time, if they were approved for the zoning, would have that ability to exercise the rights that are provided to them by the Florida Statutes. COMMISSIONER KOWAL: So I guess I'm just trying to put something out here just to let people look at this outside of a box looking in that -- what possibly could happen if you don't let this project happen, that it could end up just being like the other three corners that are on your intersection. And in a way, maybe this would protect you from having a fourth building in your neighborhood. I don't know. But, you know, I'm torn on this right now, and I'm trying to find a good reason to where I'm going to make a decision on which way I'm going to go. But I had to bring this up and let everybody understand that this project might be a blessing, not a curse. So that's -- you basically answered my questions. Thank you. COMMISSIONER HALL: Mr. Chairman? CHAIRMAN LoCASTRO: Commissioner -- yes, sir. COMMISSIONER HALL: Can I ask? I did have a conversation yesterday if we did re- -- if we did get to this property and did rezone it commercially, even with the Live Local Act, we could do it conditional use limiting the height and the density for all affordable housing. So we have that leeway. It's not like we're just stuck. We're stuck with anything that's zoned commercial right now May 23, 2023 Page 131 or as of July the 1st. But if we decide to do it commercial for that reason, we have some leeway in that. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I had a couple of questions. And from a -- just an operational standpoint, do you think we ought to hear from the applicant again? CHAIRMAN LoCASTRO: Oh, absolutely, I was going to let you-all speak. COMMISSIONER McDANIEL: Okay. Okay. Who's in charge of the oversight of the affordable -- of the affordable housing units and the checks and balances? I didn't want to skip over the applicant having an opportunity to rebut and talk about what's, in fact, transpiring, but I did have a couple of questions of staff. Cormac, are you the one in charge of the oversight with regard to the affordability aspect of this development? MR. GIBLIN: Sure, I can take the question. Cormac Giblin, planning manager, for the record. When it comes to monitoring, there is a two-tier process in place for these types of commitments. One is, as part of their normal annual PUD monitoring that takes place over at Growth Management, on the anniversary date of their PUD approval, they have to submit all of their monitoring, and they'll be reporting to the county on everything from housing commitment, environmental, traffic. Any other commitments that are in the PUD, there's an annual report that they submit to the county that's then verified. The second tier is when we're talking specifically about affordable housing commitments, there's a separate monitoring team over in the Public Services Division, over in the Housing and Human -- Housing -- Community and Human Services Division headed upon by Kristi Sonntag, the director, who they then go a step further than the normal PUD monitoring and do a deep dive with May 23, 2023 Page 132 on-site file examinations of all of the commitments on the housing side that the development has committed to. So the details are in the PUD, and then they monitor on a two-tier system at least yearly. COMMISSIONER McDANIEL: Okay. Are you okay with that, Kristi? She's standing behind you there. I just -- she's the one -- she's the one that's going to have to go out and actually physically monitor this. MS. SONNTAG: Kristi Sonntag, Community and Human Services director. Yes, Commissioner. We're fine with it. We have a schedule where all of the commitments that you-all have made over the years, we monitor them on an annual basis. And as Cormac explained, it's a two-party process that we do. We do a pre-monitoring, because some of the developments aren't developed, and then we do an actual on-site monitoring where there's quite a list of criteria that we go through to examine. We look at income. We look at if there's an essential service personnel, is there a certification that they are an essential service worker. Do they have fair housing polices? We look at a variety of items. And I can certainly share that with the Board if they'd like. COMMISSIONER McDANIEL: Okay. There were -- and this may be for Mr. Bosi. There were several comments made by the Planning Commission, and I think I read in here that the adherences to those recommendations are already included in -- and adjustments by the applicant with regard to the development itself -- MR. BOSI: Yes. COMMISSIONER McDANIEL: -- size, density, so on and so forth. Okay. And then my last comment would be -- and this is maybe when we get to the applicant standpoint. I would like to see -- if this project, in fact, goes forward, I would like to see more of a firm May 23, 2023 Page 133 commitment on the types of affordable housing that are there of the bedrooms as to how many are going to be one-bedroom, two-bedroom, three-bedroom units. That's all. CHAIRMAN LoCASTRO: Okay. I'm going to go to Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'd like to ask Mr. Yovanovich a question or two, and this may require him to talk to his client while we're having other people speaking. It seems to me that there's a general understanding from the community that three stories is not a problem, that we're really talking about height here, not necessarily the number of units, but we're really talk about the height. And so for you -- my question for you and for your client is, if we limited this to three stories, I don't know how many units you could get on three stories, so that would be one question. How many units can you actually physically build in a project that was three stories instead of four? I think that gets us somewhere between a denial, potentially, and, you know, the four stories that is proposed. So I'm just posing that question to you. Perhaps you could talk to your client, just see if that's something that may be a compromise position to think about. I know you said that -- I know you've said that the project's not quickly viable unless it has 336 units and it's four stories, but I'm not so sure I would agree with that. But I've never built a building. I know Commissioner Hall has -- COMMISSIONER McDANIEL: So did I. COMMISSIONER SAUNDERS: -- been involved in those construction matters, and his view would be very significant. But it I'm just kind of winging it here seeing if there's some compromise position to be in. MR. YOVANOVICH: I'm going to have to take a break before May 23, 2023 Page 134 I -- COMMISSIONER SAUNDERS: Yeah. And I'm not asking you to make any kind of a statement now, because you may have -- you may have four votes. I'm just trying to get you to think about -- MR. YOVANOVICH: I understand, and I appreciate it. COMMISSIONER SAUNDERS: In the event that you don't. CHAIRMAN LoCASTRO: What I would say, since I don't -- since all the commissioners have at least asked their first round of questions, then I was going to call you back. So you're in the right spot now. The floor is yours. You've heard a lot of comments back and forth, a lot of numbers thrown around and different things. So as Commissioner McDaniel was saying, we want to hear from the applicant in response to a lot of those things or maybe any new information that you have. MR. YOVANOVICH: Well, I do -- I wish -- Troy, is there a way to pull -- or how do I pull the presentation back up just so I can go to our site plan real quick? MR. MILLER: Give me just a minute, Rich. MR. YOVANOVICH: You know, that will actually work. That's perfect. Can you see -- is the visualizer -- thanks. I just want to -- I just want to -- I hate to use the word "correct," but I can't think of a different word right now as to what's the real size of the proposed project. It's not -- it's not a 10-acre piece. It's really a 15-acre piece, because all we're really buying from the Carlisle is their access road. So we really have 15 acres on which we're putting this project. Obviously, we have water management lakes and all that, so it's really a 15-acre piece versus a 10-acre piece. So I think the fair way to look at the density per acre is the 23 May 23, 2023 Page 135 units per acre, because even the residents were saying, this is -- we want you to look at this as it's a 14, plus or minus, acre parcel. That's 23 units per acre, which is right in the density that you guys have recently transmitted to the state to change your affordable housing process because the matrix doesn't work. The matrix won't even let us get a bonus for anything rental above 80 percent AMI. So even under -- I don't even qualify for what Diane Flagg said was 10 units per acre because 10 percent of my units are above 80 percent AMI. Now, several people said, you know, what's the definition of insanity? Doing the same thing over and over again and expecting a different result. I've been here since 1990. This matrix has been in place since I was a young assistant county attorney, and the same matrix has been there, and it doesn't work. You haven't had a tax credit project come forward in Collier County since I don't know when. I think -- I think Bear Creek may have been approved when I was still here in 1994. You had a couple on the East Trail. So the matrix doesn't work, and you've recognized that, because you transmitted changes to this to get to the potential of 25 units per acre for affordable housing. So I think we're consistent with what you're talking about. I think what's getting lost -- and I think Mike did a great job of talking about what's approved in this area, what businesses are there. But you've received letters from employers who have been begging you for years to help solve this problem. You got a letter from NCH saying they have people driving between 45 minutes and 90 minutes to get here. They support this project. They see these 76 units as truly beneficial. The Chamber of Commerce has sent a letter of support. The school -- Stephanie Lucarelli with the school board has said, we need this, and she gave her own personal story about wanting it for her May 23, 2023 Page 136 own son who's now here working. I want it for my kids. Sunshine Ace Hardware, Michael, Michael Wynn has sent a letter of support. You have several letters of support from employers saying, we've got a problem. We've got to do something about it, and we are doing something about it. I appreciate -- I appreciate Commissioner Hall's faith that something better's going to come along. It hasn't come along in 33 years since I've been here. I've done one project that actually used the matrix, because they only needed a very small density bonus to make that work. So it's not working. I think what you have -- I know what you have is you have a project that, yes, it's creative, because it needed to be creative. In order to get affordable housing done in today's market with the cost of construction, the cost of borrowing money is you've got to be creative, and you've got to look for solutions that work. You've heard from every one of your experts. Trinity, with transportation, they have signed off. Transportation is not an issue. Mike, from a planning standpoint, all of his people have signed off. You have businesses begging for this. This is a Class A project, Class A project. We can address the mixture of units, Commissioner McDaniel, about -- and let me verify what I'm about to say, because I think I got this right. We will commit that 22 percent of the one-bedrooms, 22 percent of the two-bedrooms, and 23 percent of the three-bedrooms will be income restricted. So it will be spread out throughout all of the different unit types instead of it being all ones. Because people said we're just going to do all ones. We'll spread that out through all of the different categories, which I think there's testimony that we need all three of those categories. Housing's been that -- we're willing to take that risk that May 23, 2023 Page 137 we'll find somebody who will want to rent the three-bedrooms and the risk that someone will want to rent the two-bedrooms to address family needs, because people need this too. It's not just the single-family person moving here looking for housing or living here looking for housing. COMMISSIONER McDANIEL: So did I hear you say 66 percent or -- MR. YOVANOVICH: No, 22 percent of each unit type. So we're going to do 22.6 across the board, but we'll spread out -- COMMISSIONER McDANIEL: Okay. MR. YOVANOVICH: -- whatever that math works out to. So not 66 point whatever. If I said that, no, I didn't mean that. COMMISSIONER McDANIEL: Okay. MR. YOVANOVICH: Now, you got me flustered. COMMISSIONER McDANIEL: Sorry. MR. YOVANOVICH: No, I'm kidding. But I don't know -- I don't know a kind way of saying what I'm about to say, so I'm just going to say it. You've got 4,000 homes in this area. Not a single one of it's contributing to the affordable housing. That entire group isn't participating in solving the problem by providing affordable housing. They are opposing 76 units that's on the outskirts of their community on a six-lane road that everybody says is a good project, is a good need, and will help. That's a staggering number of homes that I guarantee you probably generate the need for 76 affordable housing units just on their own, but they don't want to help. And what -- and I get what they're saying. They're not -- they're saying we're not opposed to affordable housing, but they want to put in restrictions on the amount of units that means we can't build affordable housing on this site. That's really what's happening is they're not saying they're against it. They're -- but they're putting May 23, 2023 Page 138 impositions on it that will result in no affordable housing being on this site. This is a good project. This is what your Affordable Housing Committee wants. This is what your business community wants. This is what the residents of Collier County want. And I guarantee you, the four or five that are watching me today and how this is going are going to be really nervous, if this one doesn't go through, whether or not to continue with theirs. And the Ascend project on Vanderbilt Beach Road that they're talking about, like, hey, this is a slam dunk that's going to get approved, you haven't been to the NIMs I've been to for projects that are affordable housing projects in Golden Gate Estates where the Ascend project is located. So I'm very passionate about this. I really think we need to do something, and I think my client is willing to do a very, very good project. Your staff is supporting it. Your Planning Commission is supporting it. And it will be a shame if this one doesn't go, because I think others won't go as well because the message I hear every time is, I love the mission; I hate the location. It's never the right location when we're doing projects like affordable housing. This is a 23-unit-per-acre project, which is consistent with the most recent transmittal. I think by committing to all having ones, twos, and threes in this project is a very meaningful commitment. I'm hopeful that you'll follow your staff's recommendation. I'm hopeful that you'll follow your Planning Commission's recommendation. I could pull all my experts back up here to do the rebuttal. I don't really think I need to. I think Mr. Bosi, who's your planning director, has done a good job summarizing why this is compatible with the neighborhood, and I'm asking you to listen to your staff in voting to approve this. CHAIRMAN LoCASTRO: Okay. I'm going to go to Commissioner Hall, and then I'm on deck. May 23, 2023 Page 139 COMMISSIONER HALL: I appreciate all of the affordable housing talk, but we're talking about 22 -- we're talking about one unit out of 10 is affordable. This is not an affordable housing project. This is a project that's going to include a carrot of affordable housing. It's still, if -- without buying anything from the Carlisle, that's a 10-acre plot with 336 units. You can say we're going to do 15 acres. You can say we're going to include the 27 acres. You can say whatever acres you want to include, but without the Growth Management Plan amendment, it's a 10-acre plot of land with 336 units, and that's why I'm opposing it. CHAIRMAN LoCASTRO: I'm going to make some statements that are combined from Commissioner Kowal and Commissioner Hall which I thought were very eloquent. I might come to a little bit of a different conclusion, but, you know, Commissioner Hall stated, you know, he's looking at what's allowable and what's desirable and that, you know, this is only -- the affordable piece is only one in 10, and that's a carrot. You know, I'm here to -- I'm here to say that -- and maybe we should wait for something better. I mean, I don't know about anybody else that's been in this room over the last two years that I've been here, but every -- and if we want to hear from citizens as a whole in the community -- and not just the 4,000. But we want to look strategically. I don't say this as a critique or anything. We're having a good open conversation here. What are we waiting for? How many people in here say we've been waiting too damn long, and that's why people are sleeping in their cars and there's no affordable. And if we think the affordable piece is only one in 10, I got news for you: If we're waiting for somebody to build something on this piece of property that's 100 percent affordable, we better open up the fifth floor and every other conference room in here, because every single man, woman, and child is going to say, I don't want government housing with 300 May 23, 2023 Page 140 affordable units in my community. Nobody wants 100 percent affordable. So I think we have to take it -- you say carrot, I say in pieces to make it a much more cohesive project. I don't know anybody in this community that's going to come in here and give us all hugs because we built a 100 percent affordable housing project in their community. I think the only reason why -- that something is desirable or even possibly allowable is because it is a percentage. I think we do the best job possible. And, you know, Commissioner Saunders, I think, is a pro at this one. He sits here and says, ah, 20 percent's great, but how about 25? I mean, we had actually times in here where we were able to raise the amount of affordable. But, you know, I'll now defer to what Commissioner Kowal said where he very eloquently was saying, look, we can sit here with rose-colored glasses on and just sort of look at it through a microscope at this project and make a decision, but be careful what you wish for because we do know what's coming. And so, you know, to use his words and to say this -- this could actually be a positive compared to what's coming down the road where we don't get to have a big conversation in here. Now all of a sudden we've got the state telling us, wow, that's a prime piece of real estate there. And one in 10 units being affordable? That doesn't even -- that doesn't even meet the criteria anymore. You should have built that when you had the chance. Now we're going to tell you what goes on that piece of property. And I know I'm overly summarizing, but, you know, Mr. Bosi, correct me if I'm wrong and jump up on the podium if you need to, but, you know, the direction we're getting from the state and from our constituents is, you know, what are you waiting for? Why are you splitting hairs on this, that, and the other? Affordable housing has May 23, 2023 Page 141 already been missing in this community. And what I liked about this project is I think it is allowable. I think it's desirable. I do like the mix of it. Before we vote, I'll just -- and we're maybe not ready to right now, but I like the idea of taking a pregnant pause and taking a break and having Mr. Yovanovich talk to his client. I mean, we're close up to a break anyway -- to see if, you know, there's -- what the best algorithm is. But when I look at citizens that say 208 instead of 336 is acceptable, okay, that's a little over a hundred difference. You know, 62 affordable housing is better than 76. Citizens here are actually saying that's -- that they're agreeable to that. And I sit here and say, God, just a little over a dozen units is making such a big difference when we've sat in here and had rocks thrown at us that -- what are we waiting for? Why don't we -- why aren't we injecting affordable housing percentages in every project? And now we have one right in front of us, and, you know, we're hearing -- I'm hearing some of my own colleagues say, let's wait and see if anybody else comes, you know, forward, and maybe we'll allow them to build a -- you know, a more affordable piece on that piece of property. Citizens out here want a development that's 80 percent affordable housing units. I have emails here from people that they didn't care what the number was. They just said, don't build affordable housing units in my neighborhood because we have really nice homes, and find another place for these blue-collar apartments. I mean, somebody -- you know, more than a few people sent those emails with almost those exact words. So, you know, I'm want to make sure before we pass on an opportunity here because, you know, of one story or 14 too many units, that sort of thing, we might be missing an opportunity here, or May 23, 2023 Page 142 we might be sitting here and getting something force fed on this community. And I don't know that I like to roll the dice for that. And I appreciate what Commissioner Hall's saying, oh, you know, the people have spoken. But the way of government works here is we don't just take a poll and, wow 4,000 people don't want it in their community, so let's find a community where 4,000 people aren't going to storm the castle, and then we'll shoehorn it into their community. We also have to look at code, land development, traffic. We have things that we're here also representing, which is county ordinances, county guidance. We're looking at the county in a strategic way and say, okay, if not this neighborhood, then where? And me, personally, I don't think it's, well, I don't think this is perfect, so let's just wait and see what maybe comes along. We've got people that -- these affordable units are going to go in one day, and those people are going to say, man, I wish those units would have been available five, 10 years ago. Where the heck were you, County Commissioners? You were sitting on your hands and doing nothing. And I don't want to be guilty of that. I'm not saying I love every piece of this project. And my suggestion's going to be, since we're creeping up on a 2:50 -- what we would take as 2:50 -- you know, at 2:50, a 10-minute break to allow the applicant to talk to maybe whoever he needs to, and he might come back and say there's no changes, and then we at least vote on it. But Commissioner Saunders was sort of alluding to that. And I think, you know, this is such a major decision that we want to make sure that you've got the chance to sort of reattack on something that maybe we haven't had a chance to talk about here. But I never want to be guilty of sitting here saying -- waiting. I don't want to rush to judgment either. I'd rather do nothing than the wrong thing, and I've said that before. But just as some other May 23, 2023 Page 143 decisions we've made here, sometimes waiting isn't the best option either. And, as Commissioner Kowal said, we know what's coming around the corner. Maybe these citizens aren't as informed. And nothing negative, but we hear on a regular basis here, as elected officials, what's coming from the state, and there's going to be a whole bunch of things we're not going to be able to prevent because 4,000 people don't want it. So we're in a very advantageous position right now, possibly, and I want to make sure we exhaust this conversation before we kick the can and hope for something better and then force feed something on these good people and say, you know, too bad, so sad, and then we're wishing, you know, we had a time machine to go back to this afternoon. I'm not saying these are the numbers that are, you know, the best-case scenario, but I think, you know, being plus or minus a dozen units here or there, to me, is negligible. It's not -- it's not that huge of a difference. That's just me. Anybody else? COMMISSIONER HALL: I will say -- CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER HALL: -- if the petitioner goes back and comes back with something different, we'll definitely entertain that. All ears about that. CHAIRMAN LoCASTRO: Yep. COMMISSIONER HALL: We're just -- they're just opposed as it's written right now. But any changes, they're willing to listen. CHAIRMAN LoCASTRO: Well, regardless of what Mr. Yovanovich would say -- he might not need the time, but I'm going to propose that we come back here at 2:55. That seems a little excessive, but I don't think this is a 30-second phone call. And this May 23, 2023 Page 144 is the biggest thing we have on the agenda today, so I don't want to have a rush to judgment. So let's say we come back at 2:55, and we'll resume. (A brief recess was had from 2:29 p.m. to 2:55 p.m.) MS. PATTERSON: You have a live mic. CHAIRMAN LoCASTRO: Okay. Mr. Yovanovich, the floor is yours. MR. YOVANOVICH: I can't -- I cannot -- first of all let me -- I want to correct something, because I just wanted to -- I misheard what Commissioner Hall said with regard to the number of units that were being set aside. I thought he said one in 10. What he said was one in five. I think, really, what we're setting aside is -- because let's just use the 10 acres, even though I don't agree it's 10 acres, we could do 70 units for base, three infill. So that's 70. We're asking for 336 total units. So that's a bump of 266. We're willing to set aside 78 of those 266, which is a 30-percent set-aside of the additional units. So I just want to get that on the record because I think that's, you know, a significant percentage of the units, the actual bonus units that are being set aside. CHAIRMAN LoCASTRO: So did you just say 78 plus 70? MR. YOVANOVICH: No. What I'm saying is of the -- there's -- we're only asking for 266 additional units. COMMISSIONER HALL: Additional units, of which they'll give 78 of -- MR. YOVANOVICH: Of those. COMMISSIONER HALL: -- the bonus units, that’s where he’s getting the 30 percent. MR. YOVANOVICH: That's how that math -- COMMISSIONER HALL: Of the total units it's -- MR. YOVANOVICH: Still 22.6, right. So we look at it -- we look at it as a total, but we can also look at May 23, 2023 Page 145 it as the, quote, bonus number of units. I cannot -- I talked to my client. Reducing it a floor is a reduction of 80 units. That kills the project, and then you're going to have to have the faith that someone's going to come along and somehow figure out how to make this project work with 80 less units, and I just, candidly, don't see that happening anytime soon. And this is a -- this is a real-time problem right now. It's not a problem that we're going to see in the future. So I don't have any room to give on the floors because it's just too big a -- just too big a give. CHAIRMAN LoCASTRO: I mean, just for the sake of argument, because there might be people watching in this room or on TV or what have you that say, well, you know, you could reduce the floors to three and then just make a lot of the units on the three stores that exist smaller so you could still have your overall number. I'm not saying that's the approved solution, because like I think somebody said in here, people are looking for more -- bigger than one-bedroom apartments. But I still think you play around with the algorithm, it's plus or minus a very small number. We're not making a substantial movement. But I assume you looked at that. MR. YOVANOVICH: We have. I mean, they've done their unit mix, figured it out. Because, remember, the level of amenities that they're putting into this project, they have to generate enough revenue to provide those amenities and maintain those amenities. It's still -- it's still -- revenue is an important thing. CHAIRMAN LoCASTRO: What I would tell the community is if we negotiated all that out of that, then, you're truly getting an affordable housing, sort of low-income, you know, type of unit, and I think, you know, a lot of the emails I got, there were people that didn't even want this because it had any affordable housing in it. May 23, 2023 Page 146 Maybe it wasn't the majority, and you can't -- I mean, to me, I don't -- I don't -- I can't keep score and make a judgment call and say, I got 80 emails for and 40 emails against, so I'm going to support the people that are for or that sort of thing. I mean, I think we've got to look at it more strategically. But to your minority point, you've looked at that. MR. YOVANOVICH: Yes. CHAIRMAN LoCASTRO: That if you look off an entire floor, there's no way. You sit there -- and another developer would have to do the same thing. I mean -- MR. YOVANOVICH: The math's the math for a Class A project, and that's what Collier County is. Collier County is a Class A -- is a Class A community, and that's what we're delivering, and none of my clients want to build that other option. CHAIRMAN LoCASTRO: Yeah. MR. YOVANOVICH: So my client will just simply walk away if they lose the 80 units, and -- CHAIRMAN LoCASTRO: Well, and neither do your neighbors and residents, according to the people that I hear from. MR. YOVANOVICH: Right. CHAIRMAN LoCASTRO: Commissioner Saunders, and then, Commissioner Hall, you're on deck. COMMISSIONER SAUNDERS: I'd like to ask Ms. Scott if you would come up to the microphone. I will say that I'm not too terribly concerned about the density or the height, quite frankly. I know that that's not what people want to hear, but I am very concerned about the transportation aspects of it. And this is going to result in two entrances on Airport Road, right-in, right-out only, and it's going to result in which a certain number of U-turn movements somewhere were along Airport Road, and I want -- I need to understand how those movements are going to May 23, 2023 Page 147 work and whether that's going to create a problem, because traffic is pretty heavy on Airport Road. I don't want to turn Airport Road into Immokalee Road. I know we're not getting there, but I just want to make sure if this goes through that we're not creating a problem on Airport Road. MS. SCOTT: For the record, Trinity Scott, Transportation Services department head. Airport Road is currently operating at a Level of Service D in this particular area, which is within our acceptable levels of service, which is where we -- why we recommended approval of the project. With regard to U-turns, with the second entrance, it does allow -- that's further south on the project. It does allow people to come out. In that particular section of Airport Road, there are several U-turn opportunities, and if you come out on that south end, you would be going down to make a U-turn at the car dealership, opposite the car dealership, which has different peak times than what a residential development has. So we believe that folks could go down and use that. If that U-turn is backed up, there's yet another U-turn further south as well. It all depends on what someone's final destination is. They may decide to go down and go Pine Ridge Road, go through the industrial park through Trade Center Way; there's lots of opportunities to get around in that area. But if Publix is their destination, there's a Publix to the north; there's a Publix to the south. There's commercial all around that area. CHAIRMAN LoCASTRO: Okay. So you don't anticipate this creating any particular problem? MS. SCOTT: No. We will evaluate it when they come in for their Site Development Plan. They will look at the turn lane links along the corridor. If there are turn lanes that need to be widened, it May 23, 2023 Page 148 will be their responsibility as part of their project to do that, but we do that evaluation at Site Development Plan when we know what they will actually be building. COMMISSIONER SAUNDERS: Are there any improvements to the Airport Road to alleviate that -- to improve the -- you're at Level of Service D right now. That's only going to get worse. Are there any improvements we can make? I know we're looking at a whole lot of different roads, and this is way into the future, but just curious as to whether there are improvements to Airport Road in that area. MS. SCOTT: So in this particular area, one area that we have been looking at is improvements to the intersection of Airport and Orange Blossom. We have been working with the developments as they come in at that immediate corner to obtain additional right-of-way to be able to do some intersection improvements there. You're very familiar -- the Board's very familiar with our Pine Ridge Road study that we completed from Livingston over to Napa, which resulted in some innovative intersections. We are looking at doing something similar at Pine Ridge Road, which would look at the intersection of Pine Ridge Road and Airport Road. COMMISSIONER SAUNDERS: No roundabout? MS. SCOTT: No roundabout, sir. COMMISSIONER SAUNDERS: I would like to ask Mr. Yovanovich a question. We're at 22 percent. Is that the amount of affordable housing that you're -- is it 22-and-a-half percent? MR. YOVANOVICH: 22.6 percent. COMMISSIONER SAUNDERS: 22.6. And, Mr. Chairman, I'd like to see us get closer to 25 percent going forward. And I did talk to the -- Mr. Yovanovich about bumping this to 25 percent, and that's not possible with this project. But I would like to ask that Mr. Yovanovich talk to his client May 23, 2023 Page 149 about the possibility of making a contribution to our Affordable Housing Trust Fund, some dollar amount per unit, perhaps $1,000 a unit or something, which would be actually very significant if you're looking at 326 -- 336 units. It's a big number. But as we're going through this discussion, I would like for Mr. Yovanovich to talk to his client about whether there could be a contribution to our Affordable Housing Trust Fund. And I understand that that would -- if there is going to be any kind of a contribution, I understand that that would have to be tied to sales or COs or something, similar to what we did with Mr. Ferraro's project. Just a thought. That would help me get over the hump here. That's all, Mr. Chairman, for right now. CHAIRMAN LoCASTRO: No, I like that idea. And I know sometimes, you know, folks look at that and say, oh, they're buying their way out of it. When we start spending that money on really good things, those, quote-unquote, "donations" to that trust fund are going to prove extremely valuable, so I like that. Commissioner Hall, and, Commissioner Kowal, you're on deck. COMMISSIONER HALL: Just a couple of comments about the transportation, you know, the level of service on Airport being Level D. That gets me back to what's allowable and what's desirable. And then, with regard to the other properties that are out there on those corners and what could be, the what-ifs are still the what-ifs. Whether we approve or disapprove this project, those what-ifs are still -- we don't -- this decision doesn't have anything to do with those. And then, lastly, with -- come on down, Dave, if you would. With the regard of the people not wanting affordable housing or me trying to kick this down the road, that's simply not true. So if you would, just briefly in a minute or two just share with my colleagues May 23, 2023 Page 150 what you shared with me at the break. MR. RENNER: Yeah. Well, first of all -- and thank you, Commissioner Hall. The Orange Blossom/Airport Road Alliance of 14 communities, a vast majority of the residents -- and I'm sure there are other residents out there from all over that made comments, but our group from the beginning has been very clear with me and or whole leadership team -- and we have members from all the communities -- that we are fine with all of -- all of this being affordable at lower height and lower density, whatever that is. We are fine with taking our chances in the future if this is denied. I did a quick MapQuest also, and the school building is more than a mile away. It's about 1.7 miles away, so I know that comment was made earlier. But, you know, we are -- we like the idea of more affordable housing on this piece of land or other pieces of land there. We think that's good for our community; that's good for our neighborhood, regardless of what the -- even at 100 percent, we'd be okay with that. But we're concerned about height and density. CHAIRMAN LoCASTRO: Okay. COMMISSIONER HALL: Thanks, David. MR. RENNER: Okay. Thank you. MR. YOVANOVICH: Just to clarify, the Ritz in Tiburon is within a mile, and that is about -- the height is equivalent to 80 to 100 feet. So, that's -- that's the real measure, not necessarily the school board building, but I just wanted... Now, back to the comment or the question you asked me about the contribution, I think the contribution would be fine if it was only on the market-rate units so we didn't get double smacked on the market-rate units and also provide the income restricted. So that's still a $250,000 commitment. I mean, when you look at -- when you think about that, $1,000 per, whatever 336 minus -- so, yeah, minus May 23, 2023 Page 151 76, is -- that's 250. COMMISSIONER HALL: 260. MR. YOVANOVICH: 260. COMMISSIONER SAUNDERS: All right. MR. YOVANOVICH: So that's -- COMMISSIONER SAUNDERS: I was assuming we were going to be somewhere around 250 or 260. My math was obviously not very good. So, yeah, that's fine. I mean, as far as I'm concerned, that's fine. MR. YOVANOVICH: So I think that, you know, it's -- I really don't believe the community would be happy with a 100 percent affordable housing commitment, but I can't speak for Mr. Renner. But I can tell you that the community is also fighting the Lutgert project too, so there's -- there is this angst from the community on height overall, and it won't be limited to just this project. So I think what we're proposing is a great project. If you compare it to Allura and you go by Allura, that's -- that's an affordable housing aspect to it, and it's, you know, a fabulous project that the community would be very proud of. I think we are -- you know, with 30 percent of the bonus units being set aside and another thousand dollars per unit for the affordable housing, we are -- we are -- I think you're doing a nice -- you're making a nice dent in a problem that Collier County is addressing -- or suffering right now, and you don't have to wait a couple years to find that person who may be able to afford the 100 percent affordable project. So we're requesting your approval with the modifications that we've just made. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: I actually had a question for Trinity in reference to traffic. And I kind of feel the same way as May 23, 2023 Page 152 Commissioner Saunders. I mean, I think the density, it may be just slightly a little -- but I think it's -- it's doable. And the height is not really a problem. When you look -- you really look at the surrounding -- if you go up Orange Blossom another 600 feet, I mean, you've got buildings just as tall or maybe taller that are being built there right now before you get to the school. So my question is more in the lines of, you know, this is going to have some affordable housing units. It's going to have some single-bedroom apartments and things like that. And we talk about traffic. Is there going to -- in your professional opinion, do you think a percentage of these people are going to use public transit, especially if they work in some of these community centers, you know, to the north and the south, and that will remove some vehicle traffic from the roadways? MS. SCOTT: They very well may. In addition, they are along a route that does go up and connect with -- a connector that goes to Lee County as well. It connects with our link, which is up at Creekside. So this is actually one of our more robust routes as far as from a Collier County coverage standpoint. It does go the entire length of Airport Road and does make that connection up on the north end. COMMISSIONER KOWAL: Okay. So people that work in the hospitals, people that work in different areas like that would have access to public transit from this community and be able to make those connections -- MS. SCOTT: Yes, this -- COMMISSIONER KOWAL: -- and leave their cars at home, even if they have a car? MS. SCOTT: Yes. The specific route that this covers would -- if they boarded the bus on the opposite side of the road, which they could board up near Orange Blossom, they would be able May 23, 2023 Page 153 to go up and get directly in front of the North Collier Regional Hospital. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: Okay. I don't have anybody else lit up. Anybody have any follow-up questions or make a motion or bring up Mr. Bosi? That's always fun. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to make a motion that will be unpopular with some folks here, but I think it's the right thing. I'm going to make a motion to approve this with the different changes that we've talked about, plus the 250 -- it's a $250,000, ultimately, contribution to the trust fund tied to COs, I think, would be the fair way to do it. MR. YOVANOVICH: (Nods head.) COMMISSIONER SAUNDERS: I think this is going to solve -- help solve a lot of problems, and I don't really believe it's going to create a significant impact on that -- on the community. So I'm going to make a motion to approve that with these alterations. CHAIRMAN LoCASTRO: I'm going to second that motion, and here's my comments. I agree with Commissioner Saunders. I don't want to say I'm not concerned with density or height. We're always concerned with that, and he means the same thing. But I don't see density or height being a problem here. The questions I had about traffic were answered by Trinity. Anytime we have a development that comes in, traffic's not going to get better. It's going to get worse. What we want to know is, is it going to explode beyond what -- the capability of the road. And if it is but it's fixable with wider turn lanes and things like that, then we take a look at that. I like the changes with the addition -- the additions that Commissioner Saunders made. May 23, 2023 Page 154 And then, lastly, I'll say, this doesn't solve the affordable housing problem, but we've had so many -- so many of our citizens -- and they matter as well -- saying stop waiting, stop waiting, stop waiting. And so I think you've got to start somewhere. And we've already approved several things where we were so proud of ourselves because it had 20 percent affordable housing or 25. So are, you know, I think we've got to strategically look across the whole county. And even though you might have a community that has a consensus and feels a certain way, although I appreciate that, and I respect that and I respect it, I've had to vote for very specific things, even in my own district, that, you know, the citizens came in here with matching shirts and felt a certain way. But, you know, we take a look at the overall strategic view. So, lastly, I'll just say, you know, we can do anything, but we can't do everything. And so I think finding a cohesive, balanced approach and taking bites out of this affordable housing option -- and this isn't just an affordable housing project. It does other things. There's going to be people that want to live in this community, and they're going to buy the more -- or they're going to rent the more expensive apartments because they want to be at ground zero where there's a lot of commercial activity and a lot of jobs. And so what I like about this project is I actually don't think anybody is going to be banging on tables in a positive way if we ever had a 100 percent affordable housing project come to us and they're going to say, yes, that's exactly what we want, everything in there to be affordable. Be careful what you wish for, because I don't think that you would like the look of that because it would be very no frills. And I also don't think when we're trying to build a cohesive community here in Collier County, the same way I don't want a whole strip of storage units all next to each other, and that train left the station, I think we don't want big, giant units in certain strategic May 23, 2023 Page 155 spots all over Collier County that are 100 percent affordable. I think we want to share the wealth, spread the load, and I think this does that. So I second Commissioner Saunders' motion. I don't have any commissioners lit up. So I have a -- I have a motion to approve and a second. All in favor? COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER HALL: Aye. CHAIRMAN LoCASTRO: It passes 4-1. Okay, County Manager, what's next? MS. PATTERSON: Commissioners, that brings us to Item 15, staff communication -- staff and commission general communications. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENT Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comment. CHAIRMAN LoCASTRO: Wait, wait, wait. Take your time. If people can just exit quietly and professionally, we're not done for the day. MS. PATTERSON: No speakers, Troy? May 23, 2023 Page 156 MR. MILLER: No speakers on this item. CHAIRMAN LoCASTRO: Okay. Ms. Patterson. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: We do not have staff project updates today, so that brings us to staff and commission general communications. First of all, just a reminder that we have a workshop this Thursday on the state veterans nursing home. It's in this room at 3:00 p.m. Also for your calendars, and we'll be sending this out to your assistants, June 15th, 2023, at 9:00 a.m. is our budget workshop. Also, just one more -- one more matter is, as we move towards the summer, working some items through Planning Commission, we did have an item go to the Planning Commission last week that was more controversial than expected. We had expected some public opposition. It's a storage facility out on 951. Expected some neighborhood opposition. Turned out to be a lot more opposition than expected. We have been working with the applicant on that about scheduling. Traditionally -- CHAIRMAN LoCASTRO: Is this District 3, the parcel between the two FPL substations? MS. PATTERSON: It is, it is. So we have been working with these applicants. I think some people had gotten the impression that with us working through the summer, it became open season for land use, but you-all had been specific with us that we were going to continue on our long practice of not hearing controversial land-use items in the summer. May 23, 2023 Page 157 So two reasons why we've been careful to schedule things even on the shoulders of the deep summer, one, is obviously the seasonal factor, which we experience a lot here in the urban area, but the second is that Golden Gate Estates in some of our other areas where people are more year-round, we do have that time of year when people are taking their vacations, particularly with their kids. And we have had some criticism in the past when we've taken things like project meetings for roads or stormwater out into the Estates and other areas where people felt that they couldn't be there because this was their only time to really vacation with their kids. So we had cautioned the applicant that if they had difficulties at the Planning Commission, that the likelihood was that that item was going to move to September at the earliest to be sure that we were giving the public a full chance to be able to air their concerns and to work hard to try to solve those public problems as well as the internal problems we were having. This is a very transportation-driven issue; however, the neighborhood has come out with more objections that have nothing to do transportation. So I wanted to bring that to the Board's attention. The applicant had been pretty vocal about wanting to get to the Board in June. Staff remains reluctant to schedule that for a late June hearing specifically due to those things that I outlined. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: Can I ask a question in that regard? CHAIRMAN LoCASTRO: Absolutely. COMMISSIONER McDANIEL: Well -- and, again, you know, I appreciate the thought processes with regard to withholding contentious land-use items. The month of June has always been part of the Board's schedule. You know, the extra two meetings in August and the one meeting in July are the ones that I was specific May 23, 2023 Page 158 about withholding contentious land-use items on. My question is -- and, again, you know, what's going to get better between the second meeting in June and September? MS. PATTERSON: We had hoped things were going to get better between May, when I had the conversation with the applicant, and now, that they would have worked through some of these issues both with the neighborhood as well as with transportation. I think two things is -- one is that it's the perception that we're pushing this forward against some pretty -- much larger public opposition than we expected in a time when we know that a lot of folks are taking vacations with their family, similar to when we push items onto the agenda when we know folks aren't back from up north. That's just the staff's perspective. And I've worked here now 23 years looking at land use. We're very careful what we put onto the agenda on the shoulders of either season or summer simply because of being sensitive to the public's needs on both of those things. So we, traditionally, have reserved even the July meetings for no land use because that's when we set the maximum millage rate and deal with a lot of our administrative issues before going on what was summer recess. Same thing coming back so -- on the shoulder of that, late June and then September had been reserved because, again, we don't have folks either here, returned, or people have been out on summer vacations, and also you deal with, in September, four meetings. You'll have a budget hearing, then you have a Board meeting, then you have a budget hearing, then you have a Board meeting. So we've been very careful in the scheduling of land use because of those things. But that's why I'm bringing it to all of you. In the event that there's any different opinions or if you feel comfortable with bringing the petition, then we want to be sure we're being consistent with your May 23, 2023 Page 159 direction. I believe I heard your direction, and I think that keeping them off of the agenda is consistent with how we've dealt with these items in the past, but, obviously, you are the ones that tell me what to do. COMMISSIONER McDANIEL: Commissioner Saunders, how do you feel? CHAIRMAN LoCASTRO: He's lit up. I was just going to say. COMMISSIONER McDANIEL: Well, he actually hit his button. I didn't. CHAIRMAN LoCASTRO: Hey. You don't have the gavel anymore. I got this. I got this. COMMISSIONER SAUNDERS: If this was scheduled, it would be the second meeting in June; is that what we're talking about? MS. PATTERSON: It would be. CHAIRMAN LoCASTRO: Right. COMMISSIONER SAUNDERS: I think when we -- even during the discussion when we were setting the summer schedule to include those other three meetings, I think we were pretty clear in saying we're not really changing the philosophy of we don't have controversial land-use matters before the Board during those -- that part of the summer because it's just not fair to residents. I know we're becoming more of a year-round community, but at the same time, I don't see the urgency. I'd rather put this off until September. That would be our normal thing if we weren't meeting those two meetings in k 38 that one meeting in July. If we didn't have those meetings, there would be no question we would be maintaining that normal process where this would be put off until September. I think we should continue with that. I'd hate to see us get any controversial zoning issues in the May 23, 2023 Page 160 summertime. MS. PATTERSON: Understood. CHAIRMAN LoCASTRO: I was going to say, when the staff or you as the County Manager see that pop up on your radar, like, hey, this might be in that sort of summer zone and we've -- then I would just say, just like you did with Isles of Capri, that at least you default to the commissioner of that district. I mean, if that specific commissioner definitely agreed -- like Isles of Capri was a perfect example. You actually did make the call. I think it was already made, but I was like, great call, boom, and then I don't think anybody here would have disagreed. So I think it's sort of, like, you know, reach out to the commissioner of that district, and we've just heard from the commissioner that says, you know, hey -- because he is hearing from more -- we're all hearing from a lot of people on these issues, but the person whose district it resides in, just like, you know, Commissioner Hall heard, I'm sure, from more people than we did, but maybe not a lot more, because we got a lot. So, I mean, I think that's a good call, and then -- and something could change, maybe, and then that's where you-all -- you'll talk, but I think if we make a command decision that will float it till September... MS. PATTERSON: Understood. CHAIRMAN LoCASTRO: You know, as long as we don't feel like we're kicking the can to -- you know, I'm not big on delaying stuff. But if it's truly to give time and all those other things -- the only thing I would say is the second meeting in June isn't a meeting we normally wouldn't be here, and I think that was your point. COMMISSIONER McDANIEL: Right, that was my discussion point. CHAIRMAN LoCASTRO: So my initial thought -- although, there again, I think the default position is to the commissioner whose May 23, 2023 Page 161 district that it's in. But my default position was say we were taking the normal summer break; that second meeting in June is a normal meeting. And what we had said is when we took off in the summer, you know -- or the meetings in the summer, we wouldn't hear anything. But to Commissioner Saunders' point, we also had this sort of unwritten rule that as we were sort of on either side of that summer break, we'd be very judicious. So, you know, I guess my closing comment -- it sounds like I'm a little all over the map. I'm not. My closing comment is this is one of those times where there are meetings on either side that are normal meetings, but that might not be the time to sort of squeeze in something, especially if the sitting commissioner in that district feels strongly, you know, with you on that. MS. PATTERSON: Agreed. And we have been working with the applicants, again, to make sure they understood, yes, these are normal meetings that we have, but we're not changing the way that we operate. With or without these added summer meetings, it's simply that we manage these as they're appropriate to come onto the agenda, and that's not any different than if this was a land-use item, say, Isles of Capri. Again, we would advise the same, and we have advised these applicants. The Haven will tell you exactly that. I advised Mr. Yovanovich, if he didn't make it to the May agenda, The Haven wasn't going till fall. So that was it. Work hard to keep your schedules, and even better than that is work hard to get on summary. COMMISSIONER SAUNDERS: And the County Attorney may be getting ready to throw some cold water at us. MR. KLATZKOW: No, I'm just saying this is a -- this is a Board policy. COMMISSIONER SAUNDERS: Oh, okay. May 23, 2023 Page 162 MR. KLATZKOW: It's been a Board policy since I've been here. COMMISSIONER SAUNDERS: I thought you were going to say, hey, we have to -- MR. KLATZKOW: No. This is Board policy. It's always been Board policy. CHAIRMAN LoCASTRO: Okay. What's next? MS. PATTERSON: Thank you. That's all I have. County Attorney? MR. KLATZKOW: Nothing, thank you. CHAIRMAN LoCASTRO: Okay. I'll go down the line here. Commissioner Kowal, closing comments. Anything? COMMISSIONER KOWAL: I'm good right now. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER KOWAL: Thank you. COMMISSIONER SAUNDERS: I do have two things. I'd like to have the County Attorney really give us kind of an in-depth analysis of what the Live Local legislation really does do. I'd like to see that at our next meeting if -- I'm sure you've got some material on that. But we had a lot of discussion about that today, and I think there's some confusion as to what we can and cannot do, and we really need to, I think, have some analysis of that. And then, secondly, I'd like, at our second meeting in June, to give -- this is to give staff a little bit of time -- a really thorough report on where we are with workforce and affordable housing in the sense of what we've approved, what's been built, what staff's doing to make sure that units are really being utilized as required in the zoning documents. We're all getting criticized pretty regularly now about, you know, the fact that we're not doing anything about affordable housing, and that's just not accurate. And so I'd like some official May 23, 2023 Page 163 presentation, some numbers on numbers of units and also units that are approved going forward. MS. PATTERSON: Understood. COMMISSIONER HALL: That's easy. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: A couple things. First of all, I'm in agreement with the decision. I have no heartburn about it at all. I like the project. I just had to be with my people. Secondly, I met with another bunch of -- whole bunch of people in District 2, about 25 people representing about 6,000 homes, and here's what they want: So we've landscaped about 100 miles of road in Collier County, and there's four miles that got left out, and that's the north/south corridor between Vanderbilt Beach and Immokalee up Airport and Goodlette. The reason why those roads got left out of the landscaping is because we didn't want to landscape them and then rip it out when we expanded the roads. So now that we're going to expand the road, they're like, hey, we've paid taxes for 20 years, and we've landscaped everybody else's roads, but we've gotten left out. We had the money earmarked. Now it's done gone, because the Board made a decision, which was a good decision, in 2019 to end that -- end that landscaping, because we have 55 more miles-plus going out east that we're not going to landscape. So I met with Neil Dorrill. He was representing Pelican Marsh. I met with him one day, and he expressed the need, you know, there, all of that community. And then when I met with this big group, this big group was Arthrex, Pelican Marsh, the Orchards, the Galleria, Ritz-Carlton, Tiburon. I mean, people in the Galleria Shops. There was a large contingent of people there wanting and asking if the Board would consider -- if the Board would consider making an exception for those last four miles and allowing those roads to be May 23, 2023 Page 164 landscaped when they're expanded. The cost of that is about $420,000 a mile, so 1.4 million. I mentioned the MSTU. They said we did not want to do that. We've already paid taxes, and we would just like -- and so I said, I'll ask the Board if they've got the resolve to do anything like that. I can bring it back in an executive summary or I don't know if we can decide to do it now, or what's your thoughts? CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'd like to see the plan. I'm thinking bring it in an executive summary so I can look at everything. One of the reasons -- I was the one -- one of the ones that kind of led the charge on stopping the construction of new landscaping -- COMMISSIONER HALL: Good decision. COMMISSIONER McDANIEL: -- and, you know, it's -- for today's discussion, it's a half a million dollars in expense to landscape that facility, but then it is -- at last count, it was running us $75,000 a lineal mile -- COMMISSIONER HALL: To maintain it. COMMISSIONER McDANIEL: -- forever. So that four miles then translates into another $280,000 a year forever to be maintained. COMMISSIONER HALL: I think -- and we brought that up. And I think that there -- is it Pam something? What's Pam's last name, Trinity? Anyway, Pam, she said, you know, there's some kind of maintenance agreement with the county that those people could maintain it if we installed it, and I think that that would -- COMMISSIONER McDANIEL: Well, then that -- that comes back around to the overall -- for me. I don't know -- I don't know about the rest of them, but for me the overall question is, you know, what's the exposure, not just the front-end cost. You know, they May 23, 2023 Page 165 say -- we got a -- we've got a grant from the DOT to do some landscape median -- COMMISSIONER HALL: On Santa Barbara. COMMISSIONER McDANIEL: -- on Davis, I think it was. COMMISSIONER HALL: On Davis. COMMISSIONER McDANIEL: It was on Davis. But there, again, that adds to -- I mean, we're spending in excess of $10 million a year on maintenance of our roads, and then we have these discussions about what we're doing for housing affordability and so on and so forth. That's where I -- that's where I get caught up. COMMISSIONER HALL: I get it. I wouldn't even be interested in the maintenance of it. I just was -- I said, I'll go to the Board and ask them if they have the resolve to make an exception to put you some landscaping in those medians. We'll leave it up to them and some kind of agreement to maintain it. And that's the reason why -- it was a good decision to end it because of the labor, because of the maintenance cost, and the cost of materials and the shortage of labor. I mean, everybody in the world shares the same yard mower. COMMISSIONER McDANIEL: I know we were in the process of adjusting our proposals for landscape maintenance contracts. Has the per-mile cost gone down any? MS. SCOTT: For the record, Trinity Scott, Transportation Management Services. Like everything else, no, it hasn't gone down. We're actually in the process right now of putting several of those contracts back out because they are up. So we'll see what the cost increases are. We'll be prepared to talk about that during budget. I will note on Goodlette, as well as Airport to Goodlette from Vanderbilt to Immokalee Road, and Airport from -- Airport to Immokalee Road, any decision with regard to installation of the May 23, 2023 Page 166 landscaping would not be a this-budget-year decision because both of those roadways are planned to be widened within our five-year program. So any installation cost would be probably three, four years down the road before the Board would have to finally make that decision. We will design, as we do with all of our medians, with the proper soil and sleeving for future irrigation, should there be a desire to install landscaping in the future. We can bring back options if that's the direction of the Board. At this point, though, we are not far enough along in design to know how much of a median will be remaining. The Airport Road project, we are widening to the median, and the Goodlette project, the right-of-way is significantly constrained in that area based on Pelican Marsh being there. So I can't tell you today what type of landscaping we would even be able to install. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: We actually made an exception to our rule there in terms of stopping the program. We stopped the program because it became too expensive at that time. And I think -- I think we brought in some crews in-house to do some of the landscaping. I don't know how that's panned out and whether or not that should be expanded, and maybe that's something that we need to look at. But I would support doing the medians. I think that the -- I'm not sure what the return on investment would be, but I certainly think that it makes our community a whole lot nicer, and those are areas that should be improved. COMMISSIONER HALL: Well, there are -- just like everything else, it encourages tourism. COMMISSIONER SAUNDERS: Exactly. So the return on investment may be 150 years, but there is a return. May 23, 2023 Page 167 MS. PATTERSON: Commissioners, we can work with Commissioner Hall and bring back some options, and because of the timing, that will also give us an opportunity to talk to those communities and see if there's any appetite for a partnership on the maintenance, and then we can flesh -- we'll work with you, Commissioner Hall -- COMMISSIONER HALL: All right. MS. PATTERSON: -- and we can flesh that out and bring it back. COMMISSIONER HALL: Yeah. I just want to be able to go back to them and say, you know, this is a possibility or, nope, we're dead in the water. MS. PATTERSON: Yep. We'll work with them, for sure, and with you. COMMISSIONER HALL: That will be good news. Thank you. COMMISSIONER McDANIEL: Yeah. And once we decide what the TPCs -- that was my only other comment. I didn't wait for you to call on me, but that was -- I wanted to see what the total project cost was going to be. COMMISSIONER HALL: I don't want to be tied into some long-term maintenance thing. COMMISSIONER McDANIEL: Yep. CHAIRMAN LoCASTRO: Commissioner Kowal's been waiting patiently, having pushed his button, but was preceded by Commissioner McDaniel. COMMISSIONER KOWAL: Trinity walked away already. I'm getting her exercise today. I basically -- I was just curious, because I've been dealing with -- you know, I've been dealing with Whippoorwill and other places and talking about landscaping and non-landscaping, what the May 23, 2023 Page 168 county's willing to do and not willing to do. But I've been running into a lot of different people that are brainstorming, and they're saying there's certain, like, vegetation and certain plants that are native that are very decorative and things like that don't require any watering, don't require any irrigation, that could thrive in some of these medians without any maintenance. And I don't know if we've looked in -- or had any people looking into these that -- you know, it might be a one-time deal, and we walk away from it. So I don't know. MS. SCOTT: Commissioner McDaniel down there is (indicating). COMMISSIONER SAUNDERS: The one thing I did learn from a council meeting that I was attending dealing with median beautification many, many years ago was that some of these plants that thrive in Florida's climate will not thrive in a median because the climate in the median is a whole lot different with exhaust and the temperatures. So it may not be that easy a fix that way. COMMISSIONER KOWAL: I was just curious, because I know it's been thrown around. COMMISSIONER SAUNDERS: It may be something to look at, but -- MS. SCOTT: It is, and, certainly, we can have -- I can have Pam Lulich get -- pull together some information for you. The thing that we typically will run into, though, is that folks see the remainder of the landscaping of what we have currently landscaped, and they have an expectation that that's what they desire as well. And so sometimes it's -- it depends on if it's a community effort that they're coming forward and saying that's what we want here. If we install that, then they sometimes have a different expectation when they've seen Royal Palms in other areas, so... May 23, 2023 Page 169 COMMISSIONER McDANIEL: And on -- it's my turn now? CHAIRMAN LoCASTRO: Not really. COMMISSIONER McDANIEL: And on that light [sic] we have -- well, I just want to wait for you, Mr. Chair. I think we have at least two miles of a pilot program that we've redesigned the median in construction and inverted it as opposed to humping it. And then we've also engaged with the Garden to seek happy plants that will live there that require less fertilizing, maintenance, irrigation, so on and so forth. And by the time these road projects come along, from a timing standpoint, if what I heard was correct, we're looking two years out-ish -- MS. SCOTT: Three. COMMISSIONER McDANIEL: -- before those expansions of those roadways, in fact, comes in place, we'll be able to have some data to ultimately look at as well. COMMISSIONER KOWAL: So you're telling me there's a chance? COMMISSIONER HALL: So you're saying there's a chance. COMMISSIONER McDANIEL: There's a chance. There's a chance. COMMISSIONER SAUNDERS: You've been to the movies. CHAIRMAN LoCASTRO: Okay. I just have a couple closing comments. COMMISSIONER McDANIEL: I'm not -- I do have -- I do have a comment, or are you -- CHAIRMAN LoCASTRO: Fine. COMMISSIONER McDANIEL: -- going to let me go first or you -- CHAIRMAN LoCASTRO: Sure. COMMISSIONER McDANIEL: -- sir, please. My question is for -- I didn't get to ask this yesterday, but there May 23, 2023 Page 170 are four marinas, public marinas, that the county operates. I know several -- a couple of them were damaged severely during the storm, but I've also heard that we're out for a rebid for a new vendor to take it over. It has also been shared with me -- and I'd like to -- somebody to have a look at the RFP that went out, because I was told that the county is soliciting a vendor for all four, which is the circumstance that we had before where one person paid or took on the -- if you will, the responsibility, and then sublet operations to individual operators. So I'd like -- two things. I'd like for us to move as quickly as possible to get minimum services availed at our marina sites: Minimum fuel, water, just little things that -- most boaters are self-sufficient when they're putting their boat in by themselves. And then I would also like us to explore individual operators at those marinas, not necessarily one that is, then, in a sublet position with sub-operators. MS. PATTERSON: Okay. Understood. CHAIRMAN LoCASTRO: I mean, three of those marinas are in my area, and I've been working really closely with Olema and Mr. Rodriguez, you know, on Goodland, Caxambas, and Port of the Islands. And, I mean, I'll let you chime in, Mr. Rodriguez, if you can. But the minimum requirements of gas, water, ice, things like that, bait -- I know we had a gap between our previous vendor and now, but I think we've filled that in short order. We fixed the gas pumps at Port of the Islands, and it's pumping gas. So am I correct in saying that we had a minimal gap, at least the three that are in my district, and that we have Parks and Rec employees that are selling those minimum-type things? Granted, we don't have a full open and -- you know, marine store selling candy and all that, but are we providing those minimal things? I mean, I May 23, 2023 Page 171 know what the answer is, but you go ahead. MR. RODRIGUEZ: Yeah, absolutely. Actually, we are selling the gas. That's finally worked its way out. We are working to get the water, the ice, and just some basic drinks available to them. There's some challenges there that staff is still working through. They do have some vending machines at some locations. CHAIRMAN LoCASTRO: Yeah. MR. RODRIGUEZ: So unless Tanya Williams has any additional detail, I think that's where we're at now, Commissioner. CHAIRMAN LoCASTRO: Yeah, I was going to say how we quickly responded in Tigertail when we lost the vendor there with vending machines that sold at least drinks and some food as a minimum. So I know we were trying to do something a bit more aggressive. But while we were -- while that was sort of working its way through, you know, getting some vending machines -- renting some and plugging them in shouldn't be a showstopper. So I agree with Commissioner McDaniel. If we're not doing that at all the locations -- it's been -- we're past that window of when we should have been doing that. So I've heard from citizens as well. So we must have fixed it at one or two of them because I got, actually, thank you notes from some people. And so I know that we've attacked it, at least partially. MR. RODRIGUEZ: Absolutely. And in response to the contract, staff is working diligently. It did go out in RFP, and there is one vendor that's responded. The goal is to get, as you directed us probably about a year and a half ago, is to rewrite that contract so that the revenues from the boat launch fees as well as the parking comes back to the county so that we can retire the costs associated with maintaining these facilities, and that's in the works. We do have a viable contractor who provided a first-blush proposal that looks very good, and they're going to take on the cost. May 23, 2023 Page 172 Just for your situational awareness, four facilities takes quite a few employees. They're open seven days a week. Some are open about 12 hours a day from sunup to sundown, and so there's a lot of cost associated with that. There are options in that contract to utilize this vendor potentially for other sales that will help the parks and help gain additional revenues for the park. So that's in negotiations now. As soon as we get that first draft and we have a recommendation for staff, we'll bring it back to the Board for your consideration. COMMISSIONER McDANIEL: Okay. So -- but there is gas being sold and -- MR. RODRIGUEZ: Absolutely. We have -- we've procured the gas, and the county staff -- thanks to Parks and Recreation and their team and some other contracted labor, we're selling, and we're opening the parks and we're closing them as before. COMMISSIONER McDANIEL: Very good. That's all, sir. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: On that note, did you-all get the email from Mr. Delaney, the kid that bought -- that took the loan out for four Jet Skis and he was operating his business for his -- and he was basically emailing us for some grace and Ms. Edwards. And there's 202 permits out, and there's only supposed to be 180. He kind of got -- I don't like to do these things because I don't like to set precedence, but, at the same time, you know, the human factor's there. His father-in-law or his step -- ex-stepfather is selling the business, so that permit's going to go with whoever buys it. But he was -- he was owning and operating it for his ex-father-in-law, so he just needs a permit because he's got -- he's a small footprint. He's got four Jet Skis, and it's the way that he provides for his family. And so just for the record, I'm all about letting him have a permit if that's -- if this is the right time to talk May 23, 2023 Page 173 about that. CHAIRMAN LoCASTRO: I'll let Mr. Rodriguez, you know, comment, but, I mean, I get that, and I saw the email, and I saw his family photo and whatnot, and I really wanted Parks and Rec to respond, because they know more of the history of who we've said no to, who we've said yes. You there's a bunch of -- there are other people that ask for special exceptions, and I think in some cases we held the line, because -- also, too, one of the things that I believe we told some of those people a year ago is, hey, you know, asking for the permit's the first thing you should have done, not buy the Jet Skis, spend $100,000, do this, do that, and then find out, oh, my God, they're not giving permits out anymore? And we gave some people some pretty strong words, you know, because of that, and -- COMMISSIONER McDANIEL: His ex-father-in-law has the -- COMMISSIONER HALL: He had a permit, but -- CHAIRMAN LoCASTRO: I got that. I read the email, and that's what I'm saying. I'm just talking generically that there's some people that didn't have the exact case. COMMISSIONER HALL: Gotcha. CHAIRMAN LoCASTRO: Every case was different. But that's why I didn't hit a quick reply, and I bet none of us did, because also you had all the Parks and Rec leadership on that same email to include, I think, Mr. Rodriguez. So it was like, okay, I don't want to prematurely say, oh, you have a special case, yes, I approve it, because I really think I want the read from Parks and Rec, whom I have told the last 10 people that had a special case no, and then we're all going to get a thousand emails from this guy and his entire neighborhood saying, you know, why did you screw him -- or, you know, why'd you help him when you, you know, screwed over a bunch of other people? But I don't think any of us had that full May 23, 2023 Page 174 package. Do you know what the case is on that special -- on that special request? MR. RODRIGUEZ: Yes, we do, Commissioners. Actually -- and I've had a chance to talk to several of you in reference to this. The permit's actually issued to the business owner -- I'm sorry -- to the business name. So he bought the business; he bought the name. And I think there's certain situations where it makes sense to go ahead and transfer that commercial permit because it's good for the whole year. What I wanted to make sure, and I clarified with some of you, is that it doesn't guarantee the issuance of a permit in the future as it would with others because policy may change as you do your rate adjustments annually. You may want to reduce those permits, but that's down the road. So in this particular case, I see that as an opportunity to transfer that over. CHAIRMAN LoCASTRO: I think that's what maybe we had hoped to hear, but we've got to make sure that that's supportable to the 30 people who might send you an email in the next 15 minutes all saying, wow, I had a special case, and, you know, I put a picture of my family, and it was my dad, and I don't think any of us have visibility into those, because I know, Mr. Rodriguez, you and the Parks and Rec leadership handled a lot of those internally. So good to hear that, that this one was a special case, and that if somebody comes back to you who thought they were a special case and didn't get the same ruling, that you feel like the previous decisions will hold up because they were different. MR. RODRIGUEZ: Absolutely. CHAIRMAN LoCASTRO: That's what I'm hearing from you. MR. RODRIGUEZ: And thanks to you and our County Manager, you've helped us kind of rein this program in so that we May 23, 2023 Page 175 have a limit, we have a cap, and now that we're going to right-size that with each different ramp, because some ramps don't require 30 vendors showing up at -- on one day, so... CHAIRMAN LoCASTRO: Right, yeah. And that's a big thing that we've -- I've been talking with Parks and Rec, because a lot of these marinas are in District 1, that this might be the time to look at specific permits for specific marinas rather than just, wow, we sold 200. I wonder where all these vendors are going to go, and then -- you know, and then the answer is, they all went to Caxambas, you know. And, oh, God, it's too late now to change their permit. So we've got to do this smarter, and it sounds like we are. Commissioner Saunders. COMMISSIONER SAUNDERS: I think I just need to say this for the record. That is actually my stepson now. And so I did have a meeting with Mr. Rodriguez yesterday where we talked about these permits but did not mention Jeffrey Delaney at all because I didn't want there to appear to be any influence on my part, so I didn't say anything to anybody. So I'm glad that the Board brought it up, and I'm glad that there was a consensus to do that. But I can't participate in the nodding of, yeah, let's do that. I'm abstaining from that nod because of that. I just wanted the record to reflect that there was no influence from me in reference to this. CHAIRMAN LoCASTRO: Okay. COMMISSIONER HALL: It's still a pretty family. CHAIRMAN LoCASTRO: Right. I've got three things to close on. A lot of times on the consent agenda, you know, we -- not all -- sometimes all the time, we approve a whole bunch of things with one vote, but there's things that are buried in there that are really good-news stories. And I think we've all done a great job that when we've seen those, you know, I think, previous groups that were up May 23, 2023 Page 176 here would pull stuff off on the consent agenda more often than not because it was something bad. Oh, we're not going to just blindly approve it. We're going to talk about it for 12 hours, and that wasn't maybe horrible. But I've seen us over the last, you know, whatever, how many months, we've all taken a chance to pull something off at times to talk about it to not only make sure citizens know that there was something embedded in there that was a good-news story, but sometimes it doesn't need to be pulled off. And I talked with Ms. Patterson about this yesterday and said, let's not pull this off. But I want to defer to her and have her give us sort of the short version of three things that were on the consent agenda that were good-news stories for affordable housing. There are, again, you know, to steal some words from Commissioner Saunders where he says, you know, everybody thinks we're not doing anything. Yeah, we're doing -- we're doing more than a couple of things, and some of them hurt, but some of them are -- you know, hurt because they're long overdue. But 16D1, D2, and D3 were some really good things that helped take another little -- it doesn't solve anything, you know, 100 percent, but it continues to march us down the line. So if you wouldn't mind just telling us that -- in case you missed it, those three things in the consent agenda, what they did when we voted unanimously for them. MS. PATTERSON: Yep. 16D1 is their SHIP -- their SHIP partnership agreements providing $250,000 to one group and $500,000 to another group for construction of rental housing in Immokalee. 16D2 is -- it's actually a clarification of an existing agreement, but the important part about that, it's part of the HOME program that provides for funding for infrastructure for affordable housing developments. This one also was providing some extra time due to May 23, 2023 Page 177 the impacts of Hurricane Ian. And then the last one is another -- another SHIP agreement. This one is in reference to rehabilitation, including roofing repairs and replacements, again, for affordable housing -- people that qualify for these -- for that type of funding. So, again, that's working-class people. So that's over a million -- almost a million eight in assistance to help rehabilitate houses. CHAIRMAN LoCASTRO: Okay. Thank you. The second thing is for Mr. Klatzkow. So last time we were here, we approved unanimously a resolution for liens and fines to tighten things up a bit and all that. I just wanted to ensure we got -- we launched that out to all the right county staff members, the Code Enforcement Board, everybody. So is that -- is that a correct statement? Do you believe everybody has a copy in front of them? MR. KLATZKOW: We are in the process of doing that, yes. CHAIRMAN LoCASTRO: Okay. Okay. And then whenever the next Code Enforcement Board is, I think the conversation we had is somebody from your office that normally would be in there to not miss the opportunity, to not just give everybody a copy -- MR. KLATZKOW: No, I will be there. CHAIRMAN LoCASTRO: -- but to summarize. Okay. And then, lastly, I want the commissioners to know -- I didn't put them on this email, but I'm happy to send it to you as one-way communication. But yesterday I sent a large email out about I-75 litter to every FDOT person I could think of, to every county staff member that cares, and it was on behalf of all of us. I didn't want to get into this, you know, hey, we're all on it -- so Sunshine laws. COMMISSIONER McDANIEL: All of our staff cares. CHAIRMAN LoCASTRO: Yeah, everybody cares. Well, it was the staff that actually, you know, are in regular contact with May 23, 2023 Page 178 FDOT. But I think it represented what we all feel and what we see on emails. I-75 has never looked worse. And so I've had to confirm for citizens that I-75 is the responsibility of FDOT, but we work closely with them, although at times our own staff has helped plug some holes on I-75 and then some surrounding roads picking up large pieces of debris. But in that email, I outlined what I thought, but I think you-all would agree that the reason why I-75 looks so bad is like -- is several -- multiple different things. Number one, we heard it in here during the MPO meetings that a while ago that FDOT lost their contractor. Then they sort of were in between contracts. And now they have one, but contractor's not doing that great. And I also believe, regardless of the contractor that they have now, if they're policing I-75 the way the previous contractors did it several years ago, that's another reason why we have a problem because there's a lot more litter out there now post-hurricane, and I'll even a post-COVID, and I'll explain why. And it's something that you might not have thought of. But -- so it's the FDOT contractor. Number two, Waste Management will tell you we're picking up more garbage in bins on the curbsides every two weeks than we've ever picked up before. Now, why is that? A lot of reasons, but one of the big reasons is people are still cleaning out their garages from the hurricane. They have a contractor who's working in their house and is putting some of the drywall possibly out by the curb or some of the debris from boxes that they just got new appliances or what have you. But it's a fact that Waste Management vehicles are picking up the most -- the largest amount of litter -- of debris that they ever have been. So why -- how does that litter I-75? Well, I personally have gotten emails from people that say, I see your giant Waste Management trucks making a beeline for the landfill, and stuff's just May 23, 2023 Page 179 blowing out of all of them, and it's because they're packed to the gills, so that's number two. Number three, we have a lot of contractors in this area that are doing hurricane repairs and are driving all over I-75. Some of them have their loads covered. Some of them don't. Some of them have a cover but the trucks are overloaded. So I've even watched stuff, you know, blow out, in buckets, pieces of materials and those sort of things. And then, I put in that letter, the fourth reason is -- and it is part of COVID. There were a lot of organizations and volunteers that kept Collier beautiful. We have a program, Keep Collier Beautiful. You can sign up in your rotary club, your boy scout troop, all these different things. What I hear from people that manage that program is during COVID, a lot of that support obviously disappeared. Then we rolled right in a Hurricane Ian, and people were more focused on, you know, the damage they had than going out every other week and picking up trash. A lot of those organizations, because of COVID and Ian, basically dissolved. So their sign's still up saying, you know, a certain organization has adopted this highway. They haven't been out there in years. And not that they were the primary litter picker-uppers, but when you add FDOT's contract that's maybe a little loose, trucks that are blowing stuff all over the highway, and then, you know, Keep Collier Beautiful is maybe the least strong it's ever been, but the bottom line is something has to be done. So my closing argument -- and I'll forward this email to you-all. I wanted to send out the first salvo to FDOT. I got no reply from anybody. I got read receipts from everybody. And I even said, you know, I don't -- I'm not saying I got the solution, but we have to have -- we have to come up with something, and if it's everybody May 23, 2023 Page 180 throw money in the pot and bring in more contractors -- but I, personally, as you all have, but even just the other day, drove from Exit 1 all the way almost to Sarasota, and it's not just Collier County. It's not like it stops at our county line and Lee County all of a sudden did something magical and it's, you know, flawless. It is a -- it is a total mess. Hats off to our county staff, because if you go into interior roads that are our responsibility, they're not great in some areas, but, boy, I see a lot more activity out there. I see a lot more of our county vehicles out there trying to at least sort of hold our own when it comes to litter. But when you drive by I-75, my last point is what I said in this letter is, it's more than paper and tin cans. Now it is very large -- it's couches, it's chairs, it's giant buckets. It's construction material, and it's -- it sits there for an extensive period of time. So, you know, Ms. Patterson, I don't know if at your level you can take that email -- and I wanted to just generate not just conversation, a solution. I mean, we move money around all the time. Is this something we all need to throw some money at and get some people out there and not just, you know, send the random truck out because we saw a ladder in the middle of the road? I mean, Ms. -- Trinity has done a great job responding to these emergent things. Hey, there's a ladder sitting in the middle of I-75, and then somebody moved it over to the shoulder, and then it sat on the shoulder for two months, and then, finally, you know, instead of kicking the can, somebody went out there with a county vehicle and moved it, but it didn't actually fix the litter problem. Trinity, what can you tell us? What do we need -- what can we do? MS. SCOTT: I got my steps in for the day. I just want you-all to know that. Next time I'm going to wear more comfortable shoes. May 23, 2023 Page 181 Once again, for the record, Trinity Scott. I actually have a meeting out in the field with a vendor next week. Based on the conversations we've had at the MPO -- and I'm constantly thumping them -- they reached out and said, hey, can we go out? I said, absolutely, but we're not going to meet in my office. We're going to go out in the field. So I'm going to go out, take them around, show them where the areas are, drive them up and down I-75. Some of -- FDOT has a maintenance rating program that discusses what's allowable from a litter standpoint. During any given time, the clear zone has to be clear, the shoulders are supposed to be clear of obstructions, and, of course, the travel lanes. Otherwise, they're allowed three cubic yards per acre of litter per their contract. That's just a statewide maintenance rating program. I have reached out to Wayne Gaither as well, from the Florida Department of Transportation, asking them if it was something that they could subsidize the contracts to have a more robust litter removal. I've asked him to schedule a meeting with me to where we can talk about different funding strategies for that. There's -- you know, consistently for us, in Collier County we always yell at FDOT that we don't receive our fair share of funding. I'm sure that they could probably scrape together some money to subsidize that contract if necessary. So those are some of the things that I'm working on behind the scenes to try to address the issue. CHAIRMAN LoCASTRO: I mean, you saw -- and you were on that email I sent out. I mean, I ended it by saying, regardless of whose responsibility it is, this is the front door to Collier County, and it's horrible. And even if the metrics show that they're within their three cubic yards of acceptable trash, I think we all compare it to how May 23, 2023 Page 182 it looked. So they must have been grossly exceeding in a positive way over these many, many years because I've never seen it this bad. So if this is still in the window of acceptability, then they were doing an awesome job previously. And to catch up to even somewhere in the middle of that, it can't be business as usual. One of the things that I did hear from FDOT a couple of weeks ago is, yeah, we'll do a better job getting our contractor out there -- and they basically sort of implied -- to the levels that they've also been out there. This is -- the pendulum is so far to the -- to the nth degree that that's not going to make a dent. This reminds me of the rock crushing lot. We're bringing more litter to I-75 than we're picking up. We're not just trying to catch up. We're trying to, like, get on the other side of it. There will always be paper. There will always be cans. But it is so excessive, so excessive. And I don't know how many more people need to remind us of that. So, you know, anything that we can do here -- and if it's a problem that Collier County's, you know, maybe -- you know the old adage, well, we don't own FDOT. I know, but that's our front door. We don't own I-75, but that's our front door. So if they're too lazy or can't figure it out or this is, you know, too difficult for them and they're going to come up with a solution in November, then I think we take the lead and figure out how to do it and, you know, come up with some sort of solution. So, obviously, you're talking to the right people, and I know we all feel very similar to that, because I'm embarrassed when I drive on I-75. It's not anywhere near to where it's ever been. MS. SCOTT: I think getting them out and having them put eyes on what we're seeing -- I know that in the past, Amy and I have done that with Secretary Nandam where we've told him, go drive down U.S. 41, and you tell me that that's acceptable to you. So May 23, 2023 Page 183 when we force that issue, then we start seeing results, so... CHAIRMAN LoCASTRO: I'm disappointed that -- I would think they have -- they have driven it. And they probably -- but they haven't done it with you, so it's a lot different when you're together, so I applaud that. Commissioner McDaniel. COMMISSIONER McDANIEL: As you're going through the contract process -- and it's a viable solution that has worked, and we use it regularly in Immokalee, consult with the Sheriff about our prison force. If we're going to put money at something, we can -- we can maybe work a deal with the Sheriff's Department to utilize low-risk prisoners that can get time knocked off their sentence by doing community service work and reimburse the Sheriff for that additional expense. We do it in Immokalee with the week -- I call them the weekend warriors that stay at the stockade. And Christie Betancourt over there, she's the eyes and ears on the ground. She talks with the Sheriff's Department with regard to streets that have an excess amount of trash and, boom, they're out, and they get it. They have a trailer. They have a guard. They're -- it's very well-maintained and organized, and it's -- it is site specific. And so -- and it could be -- rather than us paying a third-party contractor, we could pay our Sheriff's Department an additional fee at least commensurate to what a third-party contractor would be, get some community benefit out of it at the same time. So it's -- that's something that we are doing already, and it is a solution to a circumstance. MS. SCOTT: And I think in the past where maybe you're seeing that different level of service specifically on I-75 is in the past, FDOT did utilize FHP services to have state prisoners out augmenting that contract, and that has ceased. But in my May 23, 2023 Page 184 conversations with Wayne, that's some of the additional information I'd like to find out from Wayne, why that's not being used. Is there a cost benefit? Is it something that they can put some additional funding towards FHP, or is it something they're just not interested in? And then, perhaps, it's something with Sheriff Rambosk that he may be interested in. COMMISSIONER McDANIEL: Well, as the Chairman said, I mean, it's the gateway to our community, the first thing people see when they come in, the last thing they see as they're going out, depending on which direction. So -- especially along I-75, and that's the hotspot today. But next week it will be on Livingston Road or it will be Collier Boulevard or whatever the case is. And if we're -- if we're managing it from a local standpoint utilizing, we also have the DOT's support, theoretically, and the contractor, theoretically, meeting that one cubic yard per mile, or whatever they utilize as an acceptable amount isn't acceptable for us. And so I would explore that as much as is feasibly possible, and within the realm of the happy of the Sheriff, of course. He has to have the personnel and the -- MS. SCOTT: I'll take great pride in challenging FDOT. CHAIRMAN LoCASTRO: But one thing I'll add about the -- if we use the Sheriff or if it's state troopers or what have you, to Commissioner McDaniel's point, if it's low-risk folks -- we're not looking to empty out our jails, because some of the feedback I had heard from law enforcement, I'll just say -- I don't want to tag this on any particular name. But when I had sort of explored this was, wow, every person in uniform is extremely valuable. Sitting there and guarding somebody that's holding a Hefty bag isn't the best use of our law enforcement, and I don't disagree. But if we've got sort of, you know -- if there is a prisoner force that is low risk, just overseers could be hired. They don't need to be state troopers. They don't need to be sheriffs that are pulled off of May 23, 2023 Page 185 law enforcement. It could be that FDOT beefs up their crews, and we give them a little bit of free labor, and it's some sort of, you know, combination of both. Because the pushback that I immediately heard was police are too valuable, and we're already shorthanded, and, you know, watching prisoners pick up trash, okay, well, it doesn't necessarily need to be an armed officer if it's low-risk people, or maybe it's one armed officer out there, and then it's a bunch of augmentees who are making sure. I also did hear a safety-type thing. Like you said, maybe they were doing it in the past. I don't know if someone got hit by a car or something happened. And I think it predates my dozen years here in Collier County. But someone might have been using that as a -- you know, as an excuse, but it might not have been. It might have been merit that, hey, we used to have people walking -- but if we have rotary clubs and Kiwanis clubs walking up and down the road -- and, you know, I don't think we've had any tragic accidents. You know, I just think that's a copout, and the roads are way too bad now for us to just ignore it or throw one or two extra bodies at it or one or two, you know, extra trips every three months. It's too -- we're way past that window. So, anyway, we've exhausted the conversation. I just want to -- please keep us posted. MS. SCOTT: We will. COMMISSIONER KOWAL: I'd like to make a comment. CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER KOWAL: They do have a program called the weekend work program, and it's not people that are actually incarcerated. I mean, when you put incarcerated people out there, they're our responsibility, so we have to have some sort of -- CHAIRMAN LoCASTRO: It's like someone who got a DUI or May 23, 2023 Page 186 something like that, right? COMMISSIONER KOWAL: It's if you're on, like, county probation. You're not actually incarcerated. You're serving out a six-month probation or a year probation, and they have a work weekend program. It's part of the stipulation of the probation. And in the past, the sheriffs do -- they wrangle these guys up on a Saturday and a Sunday, and they have the buses. You can actually see them, the white buses that are parked just on the other side of the parking lot over there by the DJJ. And they have the trailers. They have the equipment to go out. And these are very, very low risk because they're people that aren't incarcerated. They're just serving out their community service hours, you know -- CHAIRMAN LoCASTRO: They must not be doing it now, right? COMMISSIONER KOWAL: -- to their probation. I don't know. They used to do it when I was there, and it used to be an overtime gig for some of the correction guys to do it on the weekend, you know, and they made a few extra bucks to hang out there with them. But just putting actual inmates out there, we do have a care-and-custody-control issue with that that we have to have particularly armed people, because they are our responsibility because they are in our care and custody. But that's a lower, lower-risk-type deal that -- they're doing it on -- they want to do it because they're trying to get off probation quicker. CHAIRMAN LoCASTRO: Absolutely. COMMISSIONER KOWAL: So they're motivated to go out on the weekends. And maybe we can visit that. And, like, Judge Janeice Martin was here today. I know she's had some things like that in her programs in the past. So it may be something we can May 23, 2023 Page 187 look into that's, you know, through probation and the Sheriff's Department. MS. SCOTT: Absolutely, we'll do. Those are actually -- we do -- they are out in our local community on our local roads. I don't believe that they've been out on I-75. But we're going to be creative with the solution. We're going to sit down -- I'm going to sit down with FDOT and, like I said, I'll challenge them to come up with multiple solutions, and we'll try to get at it at multiple fronts. CHAIRMAN LoCASTRO: Sooner than later. You know, if they're waiting for the A-plus solution that's going to come in November, you know, I'd rather see us take up smaller chunks of the apple and at least try to make a dent somewhere rather than, you know, they're going to have 11 meetings and then figure out in 2024 how we're going to attack this better. That's not -- that's not the direction we're given. So I appreciate it. MS. SCOTT: Thank you. CHAIRMAN LoCASTRO: Okay. Any closing comments? COMMISSIONER HALL: Just one other thing. High school students have to do 100 years -- 100 years -- 100 hours of volunteer -- COMMISSIONER McDANIEL: It seems like 100 years. CHAIRMAN LoCASTRO: Get those -- COMMISSIONER HALL: To qualify for their Florida Bright Future Scholarship, so that's another resource. CHAIRMAN LoCASTRO: Okay. Anybody? (No response.) CHAIRMAN LoCASTRO: Adjourned. Thank you. ***** May 23, 2023 Page 188 **** Commissioner McDaniel moved, seconded by Commissioner Kowal, and carried that the following items under the consent and summary agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE AND CONVEYANCE OF THE PUMP STATION FACILITIES THAT WERE INADVERTENTLY OMITTED FROM THE POTABLE WATER AND SEWER FINAL UTILITY ACCEPTANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 14, 2021, FOR ABACO POINTE PHASE 1, PL20190002237 – A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON JUNE 11, 2021 Item #16A2 RESOLUTION 2023-91: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF WINDING CYPRESS PHASE 3, APPLICATION NUMBER PL20170003951, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $596,197.27 Item #16B1 NECESSARY BUDGET AMENDMENTS TO REALLOCATE FUNDS WITHIN THE TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT STORMWATER BOND FUND 327 IN THE TOTAL AMOUNT OF $4,000,000 – AS DETAILED IN May 23, 2023 Page 189 THE EXECUTIVE SUMMARY Item #16B2 APPROPRIATE THE COLLIER METROPOLITAN PLANNING ORGANIZATION’S (“COLLIER MPO”) ANNUAL OPERATING BUDGET FOR FY 23/24 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF $1,158,974, EFFECTIVE JULY 1, 2023 Item #16B3 A WORK ORDER WITH HUMISTON & MOORE ENGINEERS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR STATE REQUIRED ANNUAL MONITORING OF COLLIER COUNTY BEACHES AND INLETS FOR 2023 UNDER CONTRACT NO. 18-7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED $78,532.00, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (FUND 195, PROJECT NO. 90536) - FOR THIRTY (30) MILES OF COASTLINE, BEACHES ESTUARIES, CHANNELS AND BAYS Item #16B4 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH HARDESTY & HANOVER CONSTRUCTION SERVICES, LLC, RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-8068 FOR “CEI SERVICES FOR STAN GOBER MEMORIAL BRIDGE REPAIR/REHABILITATION PROJECT,” May 23, 2023 Page 190 SO STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING (PROJECT NO. 66066) Item #16B5 CHANGE ORDER NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 20-7728, CEI SERVICES FOR VETERANS MEMORIAL BOULEVARD EXTENSION - PHASE I AND PHASE II - TO HARDESTY & HANOVER CONSTRUCTION SERVICES, LLC, ADDING 60 DAYS FOR INSPECTION SERVICES, REALLOCATE EXISTING FUNDS TO COVER THE ADDITIONAL INSPECTION TIME, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NUMBER 60198) – EXTENDING THE INSPECTION DAYS TO AUGUST 9, 2023 Item #16B6 A WORK ORDER WITH TAYLOR ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE 2024 DUNE PLANTING AND EXOTIC VEGETATION REMOVAL PROJECT AT BAREFOOT, VANDERBILT, PARK SHORE, NAPLES, AND SOUTH MARCO ISLAND BEACHES FOR TIME AND MATERIALS NOT TO EXCEED $57,007 UNDER CONTRACT NO. 18-7432-CZ, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER FOR THE PROPOSED SERVICES, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16B7 May 23, 2023 Page 191 RESOLUTION 2023-92: THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $1,693,376 FOR THE CONSTRUCTION OF A 10-FOOT-WIDE MULTI-USE PATH ON COUNTY BARN RD FROM RATTLESNAKE HAMMOCK TO SR 84 (DAVIS BLVD.); EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT #60254), FPN 438091-2-58-01 Item #16B8 RESOLUTION 2023-93: THE CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $611,727 FOR THE CONSTRUCTION OF A 5-FOOT-WIDE SIDEWALK ON VANDERBILT DRIVE FROM VANDERBILT BEACH ROAD TO 109TH AVE N; EXECUTE A RESOLUTION MEMORIALIZING THE BOARD’S ACTION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (PROJECT #60255), FPN 438092-2-58-01 Item #16C1 CHANGE ORDER NO. 4 TO CONSTRUCTION AGREEMENT NO. 19-7671, “SOUTH COUNTY WATER RECLAMATION FACILITY (“SCWRF”) RECLAIMED WATER STORAGE TANK IMPROVEMENTS,” WITH PWC JOINT VENTURE LLC, FOR May 23, 2023 Page 192 DRAW FROM THE OWNER’S ALLOWANCE IN THE AMOUNT OF $53,195.39 AND ADDITIONAL FUNDING IN THE AMOUNT OF $100,471.00, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NUMBER 70204) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH Q. GRADY MINOR & ASSOCIATES, P.A., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23-8060 FOR “DESIGN SERVICES FOR MPS 309 FORCE MAIN TO WESTERN INTERCONNECT,” AND BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING Item #16C3 THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DIRECT THE COUNTY MANAGER OR HER DESIGNEE TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING A RESOLUTION FOR FUTURE CONSIDERATION INCREASING WATER, WASTEWATER, IRRIGATION QUALITY WATER, AND WHOLESALE POTABLE WATER USER RATES BY 7.07% AMENDING SCHEDULES ONE AND TWO OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE NO. 2001-73, AS AMENDED, AND May 23, 2023 Page 193 PROVIDE THE REQUISITE 10-DAY NOTICE TO UTILITY CUSTOMERS PER THE COLLIER COUNTY WATER SEWER DISTRICT SPECIAL ACT Item #16D1 THE CHAIRMAN TO SIGN TWO STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR AGREEMENTS BETWEEN COLLIER COUNTY AND CASA AMIGOS EHT, LLC., IN THE AMOUNT OF $250,000 AND IMMOKALEE FAIR HOUSING ALLIANCE, INC. IN THE AMOUNT OF $500,000 FOR CONSTRUCTION OF RENTAL HOUSING UNITS IN IMMOKALEE (SHIP GRANT FUND 791) Item #16D2 THE CHAIRMAN TO SIGN THE THIRD AMENDMENT TO THE HOME INVESTMENT PARTNERSHIPS PROGRAM SUBRECIPIENT AGREEMENT BETWEEN HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., AND COLLIER COUNTY TO CLARIFY THE NUMBER OF HOME-GRANT ASSISTED UNITS AND EXTEND THE END DATE OF THE AGREEMENT (HOUSING GRANT FUND 705) - THROUGH 2035 Item #16D3 A STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR AGREEMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS, INC. IN THE AMOUNT OF $1,791,641 FOR THE ADMINISTRATION OF AN OWNER-OCCUPIED REHABILITATION PROGRAM, INCLUDING ROOF REPAIR May 23, 2023 Page 194 AND REPLACEMENT (SHIP GRANT FUND 791) Item #16E1 RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE SECOND QUARTER OF FY23 Item #16E2 THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY THAT IS NO LONGER VIABLE AND THEN REMOVAL FROM THE COUNTY’S CAPITAL ASSET RECORDS AND NOTIFICATION OF REVENUE (ESTIMATED NET BOOK VALUE OF $130.92) Item #16F1 AMENDMENT NO. 18 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION PROGRAM EXTENDING THE EXISTING DRIVER’S EDUCATION FUNDING COLLECTED UNDER THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE FOR AN ADDITIONAL YEAR – FOR PUBLIC AND PRIVATE HIGH SCHOOL STUDENTS Item #16F2 May 23, 2023 Page 195 ACCRUED INTEREST FROM THE PERIOD JANUARY 1, 2023 THROUGH MARCH 31, 2023, EARNED BY EMS COUNTY GRANT, PROJECT NO. 33655, AND APPROPRIATE INTEREST EARNING FOR A TOTAL AMOUNT OF $1,616.91 Item #16F3 AN AGREEMENT FOR SALE AND PURCHASE WITH: (1) MARTIN JOYCE AND ELIZABETH JOYCE; (2) TERRI LOPEZ FORMERLY KNOWN AS TERRI RODRIGUEZ; (3) ABEL CHAVEZ MARTINEZ (4) JULIO ALBERTO SALGADO; (5) PAULETTE CHARLES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $227,418) – FROM PANTHER WALK PRESERVE - JOYCE, LOPEZ & SALGADO; FROM THE RED MAPLE SWAMP PRESERVE - MARTINEZ; FROMO THE DR. ROBER H. GORE III PRESERVE - CHARLES PROPERTIES Item #16F4 RESOLUTION 2023-94: 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 #16G1 May 23, 2023 Page 196 BUDGET AMENDMENTS TO RECOGNIZE REVENUE FOR MARCO ISLAND EXECUTIVE AIRPORT, IN THE AMOUNT OF $950,000 AND FOR IMMOKALEE REGIONAL AIRPORT, IN THE AMOUNT OF $390,000 TO ACCOMMODATE INCREASED FUEL PURCHASES AND ASSOCIATED OPERATING EXPENSES OVER BUDGETED LEVELS Item #16G2 RESOLUTION 2023-95: A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 AIP GRANT NO 3-12- 0021-006-2021 WITH THE FEDERAL AVIATION ADMINISTRATION FOR ADDITIONAL FUNDING FOR THE RUNWAY 15/33 REHABILITATION AND WIDENING AT THE EVERGLADES AIRPARK IN THE AMOUNT OF $20,000 AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS AIRPORT GRANT FUND (498) Item #16J1 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 APRIL 27, 2023, AND MAY 10, 2023, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE A VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND May 23, 2023 Page 197 PURCHASING CARD TRANSACTIONS AS OF MAY 17, 2023 Item #16K1 RESOLUTION 2023-96: APPOINT TWO MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD – APPOINTING KRISTIN HOOD AS THE AT-LARGE REPRESENTTIVE W/THREE YEAR TERM EXPIRING ON MAY 22, 2026, AND APPOINTING JAMES TALANO AS AN AT-LARGE REPRESENTATIVE, WAIVING THE DAVIS BLVD BUSINESS OWNER REQUIREMENT W/TERM EXPIRING ON MAY 22, 2024 Item #16K2 RESOLUTION 2023-97: REAPPOINT A MEMBER TO THE EDUCATIONAL FACILITIES AUTHORITY – REAPPOINTING MICHAEL MCDONALD W/TERM EXPIRING ON MARCH 23, 2028 Item #16K3 RESOLUTION 2023-98: THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY FOR APPROVAL OF A RESOLUTION APPROVING A PLAN OF FINANCING INVOLVING THE ISSUANCE BY THE AUTHORITY OF SINGLE-FAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $50 MILLION OR, IN THE ALTERNATIVE, TO USE VOLUME CAP ALLOCATION FOR MORTGAGE CREDIT CERTIFICATE PROGRAMS OR FOR MULTIFAMILY HOUSING FOR PERSONS OF LOW OR May 23, 2023 Page 198 MODERATE INCOME Item #16K4 THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V. ELIZABETH MCGUIRE, (CASE NO. 23-SC-881), NOW PENDING IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $2,102.19 Item #17A ORDINANCE 2023-23: A REZONING ORDINANCE FOR THE WILLIAMS FARM RPUD TO ALLOW UP TO 336 SINGLE FAMILY HOMES ON 168± ACRES LOCATED SOUTH OF LAKE TRAFFORD ROAD AND LITTLE LEAGUE ROAD IN IMMOKALEE, IN SECTIONS 36 AND 31, TOWNSHIP 46 SOUTH, RANGES 28 AND 29 EAST, COLLIER COUNTY, FLORIDA [PL20210001434] Item #17B ORDINANCE 2023-24: AN ORDINANCE AMENDING THE PLANTATION PLANNED UNIT DEVELOPMENT BY INCREASING THE DENSITY FROM 418 DWELLING UNITS TO 419 DWELLING UNITS AND BY CHANGING THE DESIGNATION OF A .74± ACRE PARCEL FROM RECREATION TRACT TO RESIDENTIAL FOR A SINGLE FAMILY RESIDENCE. THE SUBJECT PROPERTY IS .74± ACRES OUT OF THE 83.7± ACRE PUD AND LOCATED EAST OF SANTA May 23, 2023 Page 199 BARBARA BOULEVARD AND SOUTH OF RADIO ROAD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PL20210000349] Item #17C - Continued from the April 25, 2023, BCC Meeting ORDINANCE 2023-25: RESOLUTION 2023-98A: 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 May 23, 2023 Page 200 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] Item #17D ORDINANCE 2023-26: AN ORDINANCE AMENDING THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (MPUD) BY INCREASING THE MAXIMUM BUILDING HEIGHT ON 4.49± ACRES DESCRIBED AS LOT 2 IN THE RESIDENTIAL TRACT FROM 35 FEET TO 50 FEET. THE SUBJECT PROPERTY IS ON THE SOUTH SIDE OF MAGNOLIA POND DRIVE NEAR THE SOUTHWEST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND MAGNOLIA POND DRIVE IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PL20220006374] May 23, 2023 Page 201 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:06 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.