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Agenda 07/25/2023 Item # 2B (June 27, 2023 BCC Meeting Minutes)07/25/2023 2.B COLLIER COUNTY Board of County Commissioners Item Number: 2.B Doc ID: 26140 Item Summary: June 27, 2023, Board Meeting Minutes Meeting Date: 07/25/2023 Prepared by: Title: Management Analyst II — County Manager's Office Name: Geoffrey Willig 07/17/2023 2:53 PM Submitted by: Title: Assistant Finance Director — Clerk of the Circuit Court Name: Derek Johnssen 07/17/2023 2:53 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 07/17/2023 2:54 PM 07/25/2023 9:00 AM Packet Pg. 11 June 27, 2023 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 27, 2023 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also 4-g as 0 the Board of Zoning Appeals and as the governing b ) of such special districts as have been created accordin and having conducted business herein, met on this da 9:00 a.m., in REGULAR SESSION in Building the Government Complex, 'Z East Naples, Florida, with th ing Board members present: ***Chairman: Rick LoCastro William L. McDaniel, Jr. Chris Hall Dan Kowal Burt L. Saunders I )n, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 27, 2023 9:00 AM Commissioner Rick LoCastro, District 1; — Chair Commissioner Chris Hall, District 2; — Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; — CRAB Co -Chair Commissioner William L. McDaniel, Jr., District 5; — CRAB Co -Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN -PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD'S APPROVAL OF THE DAYS CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 1 June 27, 2023 ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN'S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO.2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN Page 2 June 27, 2023 THE FACILITIES MANAGEMENT DIVISION. L UNCH RECESS SCHEDULED FOR 12: 00 NOON TO 1: 00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Eric Hausler, Christ the King Presbyterian Church, and the CCSO Chaplain for the Collier County Jail. 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES 2) 25 YEAR ATTENDEES a) 25 Years - Enrique Perez - Pelican Bay Services Division b) 25 Years - Vilmelena Dye - Parks & Recreation 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation recognizing the centennial anniversary of the Collier County Sheriff s Office. To be accepted by Sheriff Kevin Rambosk. Page 3 June 27, 2023 B. Proclamation recognizing ReRoute Americas as recipient of the Waste Reduction Awards Program (WRAP) award, for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Patrick Bishop, CEO, Michelle Du Preez, Vice President, and represented by Jonathan Bartos with Solid & Hazardous Waste Management Division. C. Proclamation recognizing the Collier County Clerk of the Circuit Court and Comptroller Office for its place as an instrumental part of the history of Collier County during this Centennial Year Celebration. To be accepted by Crystal Kinzel, Collier County Clerk of the Circuit Court and Comptroller. 5. PRESENTATIONS A. Presentation of the 2023 Florida Water Environment Association David W. York Reuse System of the Year Award (Over 15MGD). This award is given in recognition of outstanding water reuse programs in Florida based on quality management, water reuse system, and public education/information aspects of the Reuse System. To be accepted by Robert Von Holle, Public Utilities Department Division Director Wastewater. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending the Tree Farm Mixed -Use Planned Unit Development (MPUD) to add 120 dwelling units for a total of 580 dwelling units (including 58 Low -Income Units), subject to an Affordable Housing Density Bonus Agreement, on 58.84± acres located at the northwest corner of Collier Boulevard and Immokalee Road, in Section 22, Township 38, Range 26, Collier County, Florida. [PL20220004279] Page 4 June 27, 2023 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to deny an Ordinance rezoning property from Commercial Intermediate District (C-3) to Heavy Commercial District (C-5), subject to conditions, for a self -storage facility and general commercial district (C-4) uses on +/-5.98 acres located on the north side of Tamiami Trail East (US 41) just east of Collier Boulevard (CR 951), on Lots 2 and 3 of Inland Village subdivision, in Section 3, Township 51 South, Range 26 East, in Collier County, Florida. (RZ-PL20210002658) C. Recommendation that the Board adopts an Ordinance creating the unpaved private road emergency repair municipal service taxing unit by authorizing a levy of not to exceed one (1.0) mil of ad valorem taxes per year. (This item was continued from the February 28, 2023, and March 28, 2023, Board of County Commissioners meetings) 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 9:30 a.m. Recommendation to hear an update from Senate President Kathleen Passidomo regarding the potential for matching funds in the amount of $10 million from the State Legislature for the purposes of constructing additional square footage not funded by the United States Department of Veterans Affairs Construction Grant Program for adult day health care and outpatient therapy services for the proposed State veterans' nursing home project. B. This item to be heard immediately following 10A. Recommendation that the Board direct staff to evaluate moving the proposed location of the State veterans' nursing home from the northwest parcel of the Golden Gate Golf Course site to the 18-acre location originally proposed for development of the Big Shots entertainment complex, to work with First Tee of Naples to continue to ensure their development needs are met, and to determine if a public golf course can be designed complementing these changes. 11. COUNTY MANAGER'S REPORT A. This item to be heard no sooner than 1 p.m. Recommendation to accept a project update on the Collier County Mental Health Facility and staff recommendation to proceed with the design of option number one for 87 total beds (45 CSU, 30 adult Medicare/Acute and 12 ESAC) with an Page 5 June 27, 2023 estimated construction cost of $44 million. (Project No. 50239) (Ed Finn, Deputy County Manager) B. Recommendation to award Request for Proposal ("RFP") #22-8023, "Outsourcing of County Marinas," to B1uWater Florida, LLC. ("B1uWater") in which eight percent of all gross sales revenue (excluding fuel), six percent of gross sales revenue from fuel, and one hundred percent of all watercraft launch and parking fees are remitted to the County, and authorize the Chairman to sign the attached Agreement. (Olema Edwards, Parks and Recreation Division Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING B. STAFF PROJECT UPDATE 1) 4TH OF JULY FIREWORKS UPDATE 2) COMMERCIAL VENDOR PERMITS 3) CELL SERVICE/TOWER UPDATE C. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 6 June 27, 2023 16. Consent agenda - all matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ----------------------------------------------------------------------------------------------------------- A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to adopt a resolution amending Resolution 2021- 120 for the Bellmar Village SRA within the Rural Lands Stewardship Area Overlay District (RLSA) by way of a first amendment to the Credit Agreement for Bellmar Village SRA. The subject property is located in Sections 2, 39 10, and 11, Township 49 South, Range 28 East, Collier County. [PL20210001496] (This is a companion to Items # 16A2 and # 17A) 2) Recommendation to adopt a resolution amending Resolution 2020-24 for the Rivergrass Village SRA within the Rural Lands Stewardship Area Overlay District (RLSA) by way of a first amendment to the Credit Agreement for Rivergrass Village SRA. The subject property is located in Sections 10, 14, 15, 22, 23, and 27, Township 48 South, Range 28 East, Collier County. [PL20210001496] (This is a companion to Items # 16A 1 and # 17A) 3) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water facilities for AutoZone #6873 Naples, PL20230002698. 4) Recommendation to approve final acceptance of the sewer utility facilities for Collier County Resource Recovery Park — Phase A, PL20230004556. 5) Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer utility facilities for Southbrooke Medical Center, PL20230003683. 6) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Edge 75 by Watermark, Page 7 June 27, 2023 Application Number PL20190000548 (FP) and Application Number PL20180003695 (SDP), and authorize the release of the maintenance security in the amount of $8,946. 7) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Valencia Trails Naples - Plat Three, PL20220007022. 8) Recommendation to approve for recording the minor final plat Antilles 3, application PL20220007209. 9) Recommendation to approve for recording the amended final plat of Caymas Replat, (Application Number PL20220008455) approval of the standard form Construction and Maintenance Agreement, and approval of the performance security in the amount of $7,254,920.86. 10) Recommendation to approve for recording the final plat of Lido Isles (Application Number PL20220005501) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $1,647,786.28. 11) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $140,960 which was posted as a guaranty for Excavation Permit Number PL20190000063 for work associated with Kaicasa. 12) Recommendation that the Board of County Commissioners determine a valid public purpose and authorize payment, in the amount of $675, for Collier County Planning Commissioner, Joseph Schmitt, to attend the Florida Chamber of Commerce 36th Annual Environmental Permitting Summer School, an Environmental Permitting Seminar for the dates of July 18-21, 2023. 13) Recommendation to approve the release of three code enforcement liens with a value of $28,089.09 for payment of $1,139.09 in the code enforcement actions entitled Board of County Commissioners v. Edward Slasienski, Code Enforcement Board Case No. CEPM20090005339 relating to property 1112 Highlands Drive, Collier County, and Case Nos. CENA20090005343 and Page 8 June 27, 2023 CEPM20090005344, relating to property 1100 Highlands Drive, Collier County. 14) Recommendation to approve an Easement Use Agreement (Agreement) for Lot 65, Parrot Cay, according to the plat thereof as recorded at Plat Book 58, Page 75 of the public records of Collier County. (EUA-PL20220008520) 15) Recommendation to approve an Easement Use Agreement (Agreement) for Lot 70, Parrot Cay, according to the plat thereof as recorded at Plat Book 58, Page 75 of the public records of Collier County. (EUA-PL20230001525) 16) Recommendation to approve the Conservation Collier Winchester Head Preserve Interim Management Plan update under the Conservation Collier Program. 17) Recommendation to approve an Agreement for Sale and Purchase with: (1) Stephen Craparo, (2) Albert N. and Linda M. Fleming, and (3) Ivan and Ann O. Fesser under the Conservation Collier Land Acquisition Program, at a cost not to exceed $134,265. B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation that the Board approves and authorizes the Chairman to execute a Collier County Landscape Maintenance Agreement between Collier County and Maplewood Homeowners' Association, Inc., for landscape and irrigation improvements within the Sherbrook Drive, Stanhope Circle, and Crossfield Circle public rights -of -way. 2) Recommendation that the Board approves and authorizes the Chairman to execute a Collier County Landscape Maintenance Agreement between Collier County and Collier Health Park Owners' Association, Inc., for landscape and irrigation improvements within the Health Park Boulevard public right-of-way. 3) Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Agreement RT015 between Collier County and the Florida Department of Environmental Protection to extend the Page 9 June 27, 2023 Agreement for a three-month period from July 1, 2023, to September 30, 2023, for Biological Debris Removal associated with Red Tide within Collier County. 4) Recommendation to approve Change Order No. 1 adding 90 days under Agreement No. 22-8046, "Davis Blvd (SR-84) Landscape Improvements - Grant Funded" project, with Hannula Landscaping and Irrigation, Inc., and authorize the Chairman to sign the attached change order. 5) Recommendation to authorize the electronic submission of the County Incentive Grant Program (CIGP) Application with the Florida Department of Transportation to fund a phase of Immokalee Rd. and Livingston Rd. overpass project in the amount of $10,000,000. 6) Recommendation to approve a Resolution and authorize the Chairman to execute the State FY2023/24 Transportation Disadvantaged Trip & Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged in the amount of $744,198 with a local match of $82,688, to assist with system operating expenses, and authorize the necessary budget amendments. (Transit Grant and Match Funds 4034/4035) 7) Recommendation to approve the Selection Committee's ranking for Request for Professional Services ("RPS") No. 23-8085, "Design Services for 47th Avenue NE - Immokalee Road to Everglades Boulevard" and authorize staff to begin contract price negotiations with the top -ranked firm, Kimley Horn and Associates, Inc., so that staff can bring a proposed agreement back for the Board's consideration at a subsequent meeting (Project #60212). 8) Recommendation to award Construction Services for the CR-846E Surtax Sidewalk Project, from East Main Street (SR 29) to Airpark Boulevard, in the unincorporated community of Immokalee, to Coastal Concrete Products LLC., under the Roadway Contractor Services Agreement No. 21-7842. (Project Number 60228) 9) Recommendation to approve Change Order No. 5 to Agreement No. 16-6699, Professional Design Services for the "Eleven Bridge Replacements Project" with HNTB Corporation to extend the contract Page 10 June 27, 2023 time for professional post -design and related services on the project by an additional 354 days, in a total not to exceed amount of $73,734.00, and authorize the Chairman to sign the attached change order. (Project #66066) 10) Recommendation to approve Change Order No. 1 adding 90 days under Agreement No. 22-8047, "Collier Blvd (SR-951) Landscape Improvements - Grant Funded" project, with Hannula Landscaping and Irrigation, Inc., and authorize the Chairman to sign the attached change order. 11) Recommendation to approve Change Order No. 1 to Professional Services Agreement No. 19-7632 with HighSpans Engineering, Inc., for the "CEI & Related Services on the 11 Bridge Replacements East of State Road 29 Package A, B and C" project, to add 60 days to the contract time and reallocate funds from Task 2 to Task 1 and Task 3, and authorize the Chairman to sign the attached change order. (Project Number 66066) 12) Recommendation to ratify and approve Change Order No. 2, adding seventeen (17) days to Agreement No. 20-7708 with Quality Enterprises USA, Inc., for the Design Build of Veteran Memorial Boulevard Extension -Phase I project, and authorize the Chairman to sign the attached change order. (County Project Number 60198) 13) Recommendation to ratify the County Manager's award of the Request for Quote ("RFQ") for "CCON Wetland Outfalls" under agreement #20-7800, "Underground Contractor Services" to Douglas N. Higgins, Inc., in the amount of $631,300. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve an Agreement to Provide Potable Water, Wastewater and Irrigation Quality Water Utility Services between the Board of County Commissioners of Collier County, Florida, acting as ex-officio as the Governing Board of the Collier County Water -Sewer District (hereinafter referred to as the "CCWSD"), the Board of Supervisors of the Big Cypress Stewardship District (hereinafter referred to as the "District"), and Collier Land Holdings, Ltd. (hereinafter referred to as "Landowner") to exclusively provide Page 11 June 27, 2023 potable water, wastewater and irrigation quality water services within Bellmar Village. (This is a companion to Items #16C2 and #17A) 2) Recommendation to approve a Utility Agreement between CDC Land Investments, LLC and Collier Land Holdings, Ltd. (Landowners), the Board of Supervisors of the Big Cypress Stewardship District (District), and the Board of County Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water Sewer District (CCWSD) to exclusively provide potable water, wastewater and irrigation quality water services within the Town of Big Cypress Stewardship Receiving Area (SRA) development. (This is a companion to Items # 16C 1 and # 17A) 3) Recommendation to award Invitation to Bid ("ITB") No. 23-8067, "Tamiami Well No. 23 Generator Replacement," to Zabatt Engine Services, Inc., d/b/a Zabatt Power Systems Inc., in the amount of $327,681.91, and authorize the Chairman to sign the attached Agreement. (Project Number 70069) 4) Recommendation to award Construction Invitation to Bid ("ITB") No. 23-8092, "Carica Pump Station Electrical Improvements," to Technical Management Associates, Inc., in the amount of $963,100.00, and authorize the Chairman to sign the attached agreement. 5) Recommendation to approve Change Order No. 3, allocating a portion of the Owner's Allowance to cover the costs for Work Directive No. 2 in the amount of $12,220.08 under Agreement No. 22-7950 with Quality Enterprises USA, Inc., for the "Pelican Bay Blvd Sewer Replacement" project, ratify the work directed by staff and completed under Work Directive No. 2, and authorize the Chairman to sign the attached change order. 6) Recommendation to authorize budget amendments to recognize $912,600 in additional tipping fee revenues received as result of Hurricane Ian in the Solid Waste Disposal Fund (Fund 4070) and to use those revenues to pay for additional expenses incurred as a result of Hurricane Ian in the same fund, and authorize a budget amendment transferring $80,000 in the Mandatory Trash Collection Fund (Fund 4073) to pay for additional expenses incurred because of Hurricane Page 12 June 27, 2023 Ian. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to accept a restricted donation, in the amount of $10,000, from the National Philanthropic Trust in support of Collier County Domestic Animal Services. (Public Services Grant Fund 1839) 2) Recommendation to approve agreement No. 23-020-NS, "Curfew Soil Fumigant," with Southern Soils Turf Solutions, LLC., in an amount not to exceed $100,000 per Fiscal Year, under a sole -source waiver for a period of five years. E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to accept the report for the sale of 48 items and the allocation of funds in the amount of $369,395.00 associated with the County surplus auction held on April 22, 2023. F. COUNTY MANAGER OPERATIONS 1) Recommendation to award Construction Invitation to Bid ("ITB") No. 23-8063, "CCSO Marco Substation Seawall & Dredge," to Blue Marlin Marine Construction & Services, Incorporated, in the amount of $327,990, and authorize the Chairman to sign the attached Agreement. 2) Recommendation to approve an Agreement for the Sale and Purchase for the acquisition of five (5) acres of unimproved land for the expansion of the Collier County Fleet Management Division ("Fleet") facility parking area at a cost not to exceed $603,550. 3) Recommendation to approve the Magic Lights Event to be conducted by the Collier County Agricultural Fair and Exposition, Inc. 4) Recommendation to waive the requirement for the issuance of the Notice to Proceed for commencement of services under Purchase Order 4500222179 to Tetra Tech, Inc., for preliminary recovery consulting support services for Hurricane Ian under Contract # 17- Page 13 June 27, 2023 7116, which were necessary to provide critical consulting services in the disaster recovery support to County staff, and to approve/ratify after -the -fact payment of $238,056 in expenditures which have been incurred that were out of compliance with the contract requirements. 5) Recommendation to adopt a Resolution approving amendment (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.) 6) Recommendation to approve Third Extension and Amendment to Interlocal Agreement between Collier County and the City of Naples governing use of City of Naples beach parking facilities and park and recreation programs extending the term to September 30, 2023. G. AIRPORT AUTHORITY 1) Recommendation to award Request for Proposal ("RFP") No. 22- 8051, "Airport Management Consulting Services," to Crawford, Murphy & Tilly, Inc., and authorize the Chairman to sign the attached agreement. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence June 27, 2023. J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between June 1, 2023, and June 14, 2023, pursuant to Florida Statute 136.06. 2) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of June 21, Page 14 June 27, 2023 2023. 3) Recommendation to approve Agreement No. 23-8081, "Audit Services," with CliftonLarsonAllen LLP for three years of auditing services in the aggregate base amount of $1,371,250 and authorize execution of the annual audit engagement letter. K. COUNTY ATTORNEY 1) Recommendation to appoint a member to the Conservation Collier Land Acquisition Advisory Committee. 2) Recommendation to approve and execute a First Amendment to the Mediated Settlement Agreement between the County, La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., regarding settlement of a Bert Harris Claim concerning the Riviera Golf Course, in order to extend the timeframes provided for in the Agreement. 3) Recommendation to direct the County Attorney to advertise and bring back for a public hearing an Ordinance allowing for publication of certain statutorily required legal advertisements, publications, and notices on the Clerk of the Circuit Court's public notice website in lieu of newspaper publication. 4) Recommendation that the Board approve the proposed fee schedules for the attorneys selected by the Board at its June 13, 2023, meeting to provide Legal Services for the Code Enforcement & Nuisance Abatement Board and Contractor Licensing Board. 5) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Kenneth Andrew Slusser in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover $20,523.32 in damages incurred by the County for repairs to the Collier County Government Complex sign, plus costs of litigation. 6) Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and Release in the amount of $950,000 payable to Collier County to settle the cases of Collier County v. Mammoth Page 15 June 27, 2023 Constructors, LLC (Case No. 202 1 -CA-000 132), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida concerning the County's claim for damages to a 24" wastewater force main and the related case of Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC, and Board of County Commissioners of Collier County (Case No. 2:23-cv-00108- JLB-KCD) now pending in the Federal District Court for the Middle District of Florida, an action for declaratory relief regarding Amerisure's coverage for the loss. L. COMMUNITY REDEVELOPMENT AGENCY ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution creating the Town of Big Cypress Stewardship Receiving Area by amending the Longwater Village Stewardship Receiving Area and converting it to a town, by designating an additional 544.6± acres as a Stewardship Receiving Area, to allow the development of residential dwelling units, commercial/light industrial, civic, governmental and institutional uses, and senior housing subject to a maximum PM peak hour trip cap; and by approving the receiving area credit agreement and establishing stewardship credits utilized by the designation of the Town of Big Cypress Stewardship Receiving Area. [PL20210001496] (This is a companion to Items #16A1, #16A2, #16CI, and #16C2) B. Recommendation to approve an Ordinance establishing the Caymas Page 16 June 27, 2023 Community Development District on 767.687± acres located on the east side of Collier Boulevard approximately two miles south of Davis Boulevard in Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collier County, Florida. [PL20230000377] C. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution providing for the establishment of a conditional use to allow a church within the Estates (E) Zoning District pursuant to Section 2.03.0I I.B. l .c. l of the Collier County Land Development Code for a ±2.15-acre property located at 13385 Collier Boulevard, also described as the North 150 feet of Tract 114, Golden Gate Estates, Unit No. 1 subdivision, on the west side of Collier Boulevard, approximately one-half mile north of Pine Ridge Road, in Section 10, Township 49 South, Range 26 East, Collier County, Florida. [PL20220003327] D. Recommendation to adopt a resolution approving amendment (appropriating carry forward, transfers, and supplemental revenue) to the FY22-23 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 17 June 27, 2023 June 27, 2023 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Good morning, everybody. AUDIENCE MEMBERS: Good morning. CHAIRMAN LoCASTRO: Listen, if you have any outstanding warrants or tickets, we've got top leadership from our Sheriffs ce in town. You've got the man and a bunch of his staff here. you want to sneak out the back, okay. He might be here u alse pretenses and looking for a couple of you. And you kn Oho you are, so just get up quietly and, you know, just slide o back. Sheriff, always great to see you. Thank you r what you do for our county. SHERIFF RAMBOSK: Thank you. CHAIRMAN LoCASTRO: County, anager. MS. PATTERSON: Good mom e're going to begin our invocation and Pledge. Our invo t Ln . going to be given today by Chaplain Eric Hausler for the Coll r ounty Sheriffs Office at the Naples Jail. He's also the pa Christ the King Church in East Naples. CHAIRMAN LoCA O: And, Chair [sic], if I would ask you to come forwa d afyi lead us in the Pledge afterwards, if you would, sir, it wo be our honor. Item # 1 A INV NAND PLEDGE OF ALLEGIANCE BY PASTOR E USLER FROM THE KING PRESBYTERIAN CHURCH A CSO CHAPLAIN FOR THE COLLIER COUNTY JAIL — INVOCATION GIVEN PASTOR HAUSLER: The Book of Proverbs in the Old Testament says the Lord gives wisdom. From his mouth comes Page 2 June 27, 2023 knowledge and understanding. And wisdom is better than jewels, and all that you desire cannot compare with her. I want to pray for wisdom for our commissioners today. Let's pray. Gracious Heavenly Father, we bow before you and thank yo for this day. Thank you, oh, Lord, our God, for the opportu t you've given us to be here. Thank you that we live in a fre prosperous country. O Thank you, Lord, for the commissioners and the* rk today. We pray that you would give them wisdom, that y uld lead them and guide them. We pray, Lord, that the out e t is meeting would be honoringto you and good for our co�nit . We also Y g Y thank you, oh, Lord, for all our first respo ers. We thank you for those who are on the road even right n cting us and our families. We thank you for every ble s e enjoy, and we ask for your blessing now on this meeting. hank you for every good gift you give us. We pray in Christ's n e. Amen. (The Pledge of Allegiance was recited in unison.) Item #2A A,' APPROV TODAY'S REGULAR, CONSENT AND SUMMA AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL - APPROVED AND OR ADOPTED W/CHANGES MS. PATTERSON: Commissioners, I'll take you through the Page 3 June 27, 2023 changes. First we have a note: Items IOA and IOB are sponsored by Commissioner Saunders. We have added language for Item 17A. On Page 52 of the resolution, Section 9.6.A.I, affordable housing of the SRA docu nt should read: A 497-unit, 49.7-acre Parcel 1, and a 385-unit, 38.5-acre Parcel 2, affordable housing sites, will be set asid z� acquisition by either Collier County, a community land t a private developer, or any other affordable housing pr r based upon the appraised value of $22,500 per acre -- th' e added language -- with a right of first refusal to Coll' t . The affordable housing parcel will be con i red as a public benefit use and does not require stewards cr dits but shall be included in the calculation of total S e. The affordable housing units shall be excluded fr raffic Impact Statement or trip cap for the SRA in which the ocated. Parcel 1 and Parcel 2 will be offered for sale for Co ounty in writing before they are offered to other entities. all for the changes. We do have several tIF -certain items. Item IOA is to be �eard at 9:30 a.m. This is an update from Senate Presiden thleen Passidomo regarding the potential for matching fun t amount of $10 million from the State Legislature for State Veterans' Nursing Home project. Item 1 ill be heard immediately following IOA. This is a reco ion to move the proposed location of the State Veterans' N ome Project, work with the First Tee of Naples to ensure th velopment needs are met and determine if a public golf course can e designed. And, finally, Item 11 A to be heard no sooner than 1:00 p.m. This is an update on the Collier County Mental Health Facility and design direction. June 27, 2023 We have court reporter breaks set for 10:30 and 2:50, and we do plan to try to take lunch at noon so we can accommodate our 1:00 time -certain. With that, County Attorney. MR. KLATZKOW: No changes. Thank you. \Wt4, MS. PATTERSON: Chair? CHAIRMAN LoCASTRO: Okay. I'll go to my co]116ies here. Commissioner Kowal, do you have any changes 1 closures for the consent or summary agenda? COMMISSIONER KOWAL: I have no cha ut I do have emails, correspondence, and meetings for the agenda. Y CHAIRMAN LoCASTRO: Okay. Cor6 sioner Saunders. COMMISSIONER SAUNDERS: Tc4ijk you, Mr. Chairman. I have changes to the agenda. .I on ex parte on the summary agenda, some conversatihn, VVeemails in reference to the Longwood Village Stewardshi i ue, and also the 17C item as well. CHAIRMAN LoC IQ Okay. Commissioner Hall. COMMISSIONER L: No changes. I do have meetings and emails on both summary agendas. CHAIRM oCASTRO: Okay. Commissioner McDaniel. COMM O ER McDANIEL: Good morning, Mr. Chair. CHA LoCASTRO: Good morning. COM IONER McDANIEL: I, as well, have no changes, and e meetings and emails on both 17A and C. IRMAN LoCASTRO: Okay. I have no changes, and I ha parte meetings on 17A, and that's it. Okay. MS. PATTERSON: Commissioners, I believe we have a couple of speakers on both the summary and the consent agenda. Troy. Page 5 June 27, 2023 CHAIRMAN LoCASTRO: Okay, Mr. Miller. MR. MILLER: That is correct. For our first speaker, on Item 16K1 is Nick Pearson. He will be followed by Matthew Schwartz, who will be speaking on 17A. Mr. Pearson, you're being prompted to unmute yourself, if '11 do so at this time. And there he is. Mr. Pearson, you have three minutes, sir. Go ahe. MR. PEARSON: I was just calling in for the Conservation Collier media agenda item. I don't really have an i to say. I just wanted to be in attendance in case anyon questions for me. MR. MILLER: Thank you, sir. W move on. Our next registered speaker, Item Matthew Schwartz. Mr. Schwartz, you should betrom ed to unmute yourself, if you'll do that at this time. And I'r�ing to give him just a -- oh, there he is. Mr. Schwartz, you ha-te`ihinutes, sir. MR. SCHWARTZ: Okay. Can you hear me? Okay. Thank you. Can you hear me? MR. MILL Yes, sir. MR. SC A Z: Okay, great. Okay. Let me try to get through th* in ee minutes. The la e I was here talking about this issue, I was asked to -- I a k ou folks to hold a public workshop with federal scientis ho spent over 10 years analyzing the entire RLSA from the standpoint of its direct and indirect impacts on many federally listed species, including the Florida panther. That idea was rejected within the county, telling me that they had already conducted their own analysis of the RLSA 20 years ago, and that was sufficient. I'm bumping the request up now. I'm requesting that the Collier June 27, 2023 County Commission denies the application today and informs the applicant that the condition for getting this project approved is going through an approved federal Habitat Conservation Plan and incidental take permit. This commission does not have the authority to issue that. I'm going to read a short definition of "take" as it applies t Endangered Species Act, and this is from Cornell's Legal In4""ation Institute. O No one, public or private, can take an endanger cies of fish or wildlife. "Take" has been broadly defined to i quote, harass, harm, pursue, punt, shoot, boom, kill, t re, or collect, end quote. Furthermore, FWS has declared that' arm" includes significant habitat modification or degradation., habitat as well as the endangered animal is protected fri ite action. The definition of harm co s irectly from Title 50, Code of Federal Regulations, Part 10, t n 2. It includes the habitat. No one, including the applic , stating that no harm will come to the Florida panther and it bitat due to this and other projects in the area. In fact, the a plicants were the ones who voluntarily went to the U.S. Fish an ildlife Service in May of 2009 and requested an incidental to along with an accompanying Habitat Conservat' n to comply with federal law. From 'on 10 of the Endangered Species Act, no permit may be is the secretary authorizing any taking unless the applicant s the secretary a conservation plan that specifies: One, the im which will likely result from such taking; two, what steps the applicant will take to minimize and mitigate such impacts and the finding that will be able to implement such steps; three, what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; and, four, such Page 7 June 27, 2023 other measures that the secretary may require as being necessary or appropriate for purposes of the plan. Up until August of 2022, the applicants were engaged in this process with the Fish and Wildlife Service. They then suddenly quit. Sorry to say, that's like a teenager who cannot pass his driving lessons -- his driving test, road test, for one reason or another and decides to take his or her chances and drive without a licenst� Proceeding with approval and construction in the R�La at this point without that permit, incidental take permit, is essentially driving without a license. It should be rejected by this co Vision until the required federal permit is obtained. 7 The applicant needs to go back to the Fis a d ildlife Service and restart the Habitat Conservation Plan ' id ntal take permit process. I suggest you consult witll y my Attorney on this, who may need to consult with an Atfamiliar with the details of the Endangered Species Act, bef r�oing any further down this path at this point. And I thank yo our time. CHAIRMAN LoC Sir, please sum up. Great. Thank you, sir. MR. SCHWART4 I m done if you have any questions about this. CHAI oCASTRO: Absolutely. MR. SC RTZ : Okay. CHAIN LoCASTRO: Okay. CHWARTZ: I'm here. IRMAN LoCASTRO: You know, normally public co nt is people speak for three minutes, and then we just move on, but I've never been a huge fan of that, especially when there's a lot of -- if the public comment leaves a few things, you know, on the table. I just want to give the opportunity to the County Manager and/or -- the County Manager or the County Attorney to comment, June 27, 2023 because I heard a few things in those statements that are of concern when, you know, I hear statements like we totally rejected protecting panthers and nothing's being done with the RLSA. I personally have been in this room quite a bit over the last two and a half years where we're digging into the RLSA. We realize ' 's dusty. We're doing quite a bit. So the speaker and maybe other citizens may not realiA that, but that statement, I don't think, is entirely accurate based o,u Qy experience. �• COMMISSIONER McDANIEL: And, Mr. 'ust to say this -- CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER McDANIEL: I an, this is not -- the public speaker certainly has a right to a hing -- CHAIRMAN LoCASTRO: derstand that. COMMISSIONER McDANI -- they wish and make 'S representations about anythine wishes, factual or not, as the case may be. So we're -,&a ly have the authority to speak with the County Attorney awl ask -- or the County Manager -- CHAIRMAN LoC,OKSTRO: Absolutely. COMMISSIONER McDANIEL: -- as the case may be, but this is -- this is not the time or place for -- CHAIRMAN LoCASTRO: I understand that. I mean, I'm not here to sta debate, but I think when somebody makes a public state LbWt has a lot of loaded things that either point out the C;:Ftorney or something that the County Manager is working Lively on, all's I say is -- I don't disagree with Commissioner Ycanc aniel, but I want to give you the opportunity to not just sort of move on and have that sit out there if you so desire to take it. If not, then we'll move on. I've said my piece. County Manager, is there anything you wanted to say or add? June 27, 2023 MS. PATTERSON: The RLSA is a signature and landmark piece of legislation dating back years, and primary in that is the preservation of natural lands. And the approval of these types of land -use petitions does not waive any requirement for state, federal, or local permitting. So all of those things will still be worked through as they move through their phases of development. CHAIRMAN LoCASTRO: Okay. Thank you, ma'am just wanted to give you the opportunity to be able to say iar Clot. County Attorney, is there anything you have toir? MR. KLATZKOW: I thought the County M- stated it well. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDE4S, Commissioner McDaniel. type of a discussion. And I a says something that triggers is the time and place to cll But my comment is 04W you. I disagree with f e and place to have this the Chairman. If someone then we need to ask it. This (.i 'So I appreciate that. we don't have any of the environmental organizations here that I'm aware of. I've received no comments from any of the ironmental organizations on this. And I can tell you -- and th' 1 re y for the audience. They do a great job in keeping tr ck hat's happening from an environmental standpoint. Them not VIThere, the Conservancy, the Wildlife Federation, Aud ems to me to be sort of an indication that maybe this is, '' on the right path. QHAIRMAN LoCASTRO: Well said. COMMISSIONER McDANIEL: That was better said than mine. CHAIRMAN LoCASTRO: It was. That's why -- I was going to cancel you out anyway, but you shut off. No. Page 10 June 27, 2023 And that was my only desire. I agree with both of you. I'm not here to start a big debate, but I think sometimes when stuff s just sort of hanging out there, it makes the public comment seem, like, unimportant that we just let people speak, say whatever they want, and then we move on. That's -- you know, I think we're here to a much more dynamic meeting, or at least, you know, I will w 1 have the gavel, and you -all stated it perfectly. Okay. County Manager, what's next? Or do we e nother comment? I'm sorry, sir, Mr. Miller. MR. MILLER: No, that was our final publi ent on consent and summary, sir. CHAIRMAN LoCASTRO: Okay. Tha ou, sir. MS. PATTERSON: We are at Ite This is the approval of the today's regular, consent, and sum,genda as amended. COMMISSIONER HALL: S ed. COMMISSIONER McDANI Second. CHAIRMAN LoCAST kay. Movement and second. All in favor? COMMISSIONER L: Aye. COMMISSIONER McDANIEL: Aye. CHAIRM oCASTRO: Aye. COMM O R KOWAL: Aye. CO I NER SAUNDERS : Aye. CHA N LoCASTRO: Opposed? esponse.) 'IRMAN LoCASTRO: It passes unanimously. ext. Page 11 Proposed Agenda Changes Board of County Commissioners Meeting June 27, 2023 Notes: Items IOA and IOB are sponsored by Commissioner Saunders. Added Ian,-uaQe to Item 17A: On page 52 of the Resolution, Section 9.6.A L) Affordable Housing of the SRA document should read: 1.) A 497- unit, 49. 7- acre, Parcel 1 and a 385- unit, 38. 5- acre, Parcel 2: affordable housing sites will be set aside for acquisition by either Collier County, a Community Land Trust, a private developer or any other affordable housing provider based upon the appraised value of $22, 5001 acre, with a right of first refusal to Collier Coun . The Affordable Housing parcel will be considered as a Public Benefit Use and does not require Stewardship Credits but shall be included in the calculation of total SRA acreage. The Affordable Housing units shall be excluded from the Traffic Impact Statement or trip cap for the SRA in which they are located. Parcel I and Parcel 2 will be offered for sale to Collier County in writing before they are offered to other entities. TIME CERTAIN ITEMS: Item 10A to be heard at 9:30 a.m.: Update from Senate President Kathleen Passidomo regarding the potential for matching funds in the amount of $10 million from the State Legislature for the State Veterans' Nursing Home Project. Item 10B to be heard immediately following 10A: Recommendation to move the proposed location of the State Veterans' Nursing Home Project, work with the First Tee of Naples to ensure their development needs are met, and determine if a public golf course can be designed. Item 11A to be heard no sooner than 1:00 p.m.: Update on the Collier County Mental Health Facility and design direction. 7/12/2023 3:58 PM June 27, 2023 Item #3A2a 25 YEAR ATTENDEES — ENRIQUE PEREZ, PELICAN BAY SERVICES DIVISION AND VILMELENA DYE, PARKS AND RECREATION LJW MS. PATTERSON: Item 3 is awards and recognitiorr�We have two today. O The first is Item 3.A.2.a, 25 years, Enrique Pere ican Bay Services Division. (Applause.) CHAIRMAN LoCASTRO: I don't kno they move. They move on their own. This place is to . He gets to keep the bag. It's irlcl is included. Yeah. Very good. Thank you. Thank you. Item #3A2b 25 YEAR ATTENDEE05 — ENRIQUE PEREZ, PELICAN BAY SERVICES DI�IS�ON AND VILMELENA DYE, PARKS AND RECREATIT�. PERSON: Twenty-five years, Vilmelena Dye, Parks and RV 4eatfon. ,4C'p lause.) VHAIRMAN LoCASTRO: Bring the babies up. MS. DYE: Can I bring the family up. CHAIRMAN LoCASTRO: Family photo. (Applause.) Page 12 June 27, 2023 Can we have our staff ,) "Absolutely. Everybody, please come on up. 1 Sheriff, who do you like the best? LoCASTRO: RAMBOSK: lause.) RIFF RAMBOSK: Item #4A PROCLAMATION RECOGNIZING THE CENTENNIAL ANNIVERSARY OF THE COLLIER COUNTY SHERIFF'S OFFICE. ACCEPTED BY SHERIFF KEVIN RAMBOSK. MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS — ADOP41) MS. PATTERSON: Item 4A is a proclamation recognizing the centennial anniversary of the Collier County Sheri Office to be accepted by Sheriff Kevin Rambosk. (Applause.) CHAIRMAN LoCASTRO: He loot Ago d for 100 years. He really takes care of himself. Thank you, sir, for all you d SHERIFF RAMBOSK: Tr with us that are here come on COMMISSIONER SHERIFF RAMBO CHAIRMAN Who else? an Look at me first. Yes, please. would you like to say Good morning. Chairman, Commission, thank you for recognizing our 100 years and our century of service, as we also recognize you. Certainly, without your support and the support of our community, we could not have accomplished where we are. Page 13 June 27, 2023 As I mentioned in the past, today our quality of life, with the work that our members do and that of all of your staff, is one of the best in the world, and we're honored and proud to be a part of that. You know, we look at our safe community, number one, but most importantly, I want to recognize the men and women of the Collier County Sheriffs Office who are out there 24/7 doing t that we need to do proactively in a very dedicated, committ nd k compassionate way to keep Collier County safe, and th ®e live in a community where the public is supportive of profession law enforcement. So thank you very much. Appreciate it. (Applause.) Item #4B PROCLAMATION RECOG RECIPIENT OF THE WAST PROGRAM (WRAP) AW GREATER GOOD OF CC ROUTE AMERICAS AS UCTION AWARDS OR CONTRIBUTING TO THE COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE, THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY L4NDFILL. ACCEPTED BY PATRICK BISHOP, CEO, MICHEL4 DWJ PREEZ, VICE PRESIDENT, AND REPRESE BY JONATHAN BARTOS WITH SOLID & S WASTE MANAGEMENT DIVISION. TO APPROVE BY COMMISSIONER KOWAL; ED BY COMMISSIONER SAUNDERS — ADOPTED MS. PATTERSON: 4B is a proclamation recognizing ReRoute Americas as recipient of the Waste Reduction Awards Program for contributing to the greater good of Collier County by advocating the Page 14 June 27, 2023 "Reduce, Reuse, Recycle" message, thereby helping to prolong the usable life of the Collier County Landfill to be accepted by Patrick Bishop, CEO; Michelle Du Preez, vice president; and represented by Jonathan Bartos with Solid and Hazardous Waste Management Division. MS. CAPIZZI: Do you want me to hold that for you? �+ MR. BARTO S : No, it's for the photo. CHAIRMAN LoCASTRO: It's recyclable, right? ee h, it's a prop. Would either of you like to say anything at t ium -- it's your choice -- about the award? MR. BISHOP: No, we're fine. We real a preciate it. Thank you. CHAIRMAN LoCASTRO: Ok nk you. I'll just say it's -- you know, A& a things that kind of flies under the radar a little bit here in C l ier County is how much our citizens recycle, but even as i nt as that is, how hard our county staff works at education, ng sure that our drop-off points, our landfills are all operating real top capacity. So it's like on of dose things that's invisible to the community at times and -- b 't's happening. And so congratulations for all that you do and f t e u elievable ranking and numbers and metrics that we se , you know, you don't win awards like that just because c) you know just operating at an average ace. So Y �Y �J p g g p mucft have a top -of -the -line Sheriffs Office, there's a lot of stuff b� ' d in the trenches that a lot of citizens don't hear about. That tikes an awful lot of effort, work, and especially leadership. So thank you to you and all the people that you represent for what you're doing for our county and our environment. (Applause.) Page 15 June 27, 2023 Item #4C PROCLAMATION RECOGNIZING THE COLLIER COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER OFFICE FOR ITS PLACE AS AN INSTRUMENTAL PART N THE HISTORY OF COLLIER COUNTY DURING THIS � CENTENNIAL YEAR CELEBRATION. ACCEPTED BY 14 CRYSTAL KINZEL, COLLIER COUNTY CLERK OF QE CIRCUIT COURT AND COMPTROLLER - MOTI APPROVE BY COMMISSIONER KOWAL; SE D BY COMMISSIONER SAUNDERS—ADOPTE MS. PATTERSON: Item 4C is a p lamation recognizing the Collier County Clerk of the Circuit Vo a Comptroller Office for its place as an instrumental part of "I,, I ory of Collier County during the Centennial Year Cele ti to be accepted by Crystal Kinzel, Collier County Clerk Circuit Court and Comptroller. (Applause.) CHAIRMAN LoCA O: Ms. Kinzel, did you want to -- the podium's yours, ma'am,.# MS. KINZ I'll make it quick. I first do want to thank the county com onits for the recognition and also the county staff. Working t et on the whole Centennial, it's very exciting for me. I think it's exciting. Michelle, who joined me in the phot s actually the instrumental party. We just work on t* ether. `NF ut it gave staff an opportunity to really look at the history of our county and of our organization. And I think it energized them into what Collier County's all about. So I appreciate the opportunity to be recognized for that. Also, I want to let the public know, please go to our website, Page 16 June 27, 2023 collierclerk.com. We have a whole Centennial button with some really interesting videos, history, things that the staff put together about Collier County. We also have an exhibit over in the courthouse annex of the 100 years of the courthouse. You'll see some great things like how ZN1 picked jurors with bingo machines. A lot of fun stuff. And over the summer, I plan on having some speakers historians. We recognized in a video the Leadership C 10 p founders. That video's on our website. And I hope tothat with a few more people so that we can record their mem s�nd their history of our county. So thank you for the proclamation and th o portunity to tell the public. (Applause.) MS. PATTERSON: Comm' i' s, if we could get a motion to accept the proclamationv� s. CHAIRMAN LoCAST kay. Do I have a motion? COMMISSIONER So moved. COMMISSIONER ANIEL: Second. COMMISSIONEI#SAUNDERS: Second. CHAIRM oCASTRO: Motion and a second. All in favor? 0Y., COMMI NER HALL: Aye. COMMIS IONER McDANIEL: Aye. AN LoCASTRO: Aye. MISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Page 17 June 27, 2023 Item #5A PRESENTATION OF THE 2023 FLORIDA WATER ENVIRONMENT ASSOCIATION DAVID W. YORK REUSE SYSTEM OF THE YEAR AWARD (OVER 15MGD). THIS AWARD IS GIVEN IN RECOGNITION OF OUTSTANDI WATER REUSE PROGRAMS IN FLORIDA BASED ON QUALITY MANAGEMENT, WATER REUSE SYST r PUBLIC EDUCATION/INFORMATION ASPECT THE REUSE SYSTEM. TO BE ACCEPTED BY ROB ON HOLLE, PUBLIC UTILITIES DEPARTMEI�[� SON DIRECTOR WASTEWATER — PRESENTEIa�� MS. PATTERSON: Item 5A is Florida Water Environment Asso System of the Year Award over recognition of outstanding w quality management, water information aspects of the Holle, Public Utilit De, a n Congratula ' s. (Applau . !f4tation of the 2023 vid W. York Reuse DRD. This award is given in se programs in Florida based on Q6j 'system, and public education se system to be accepted by Robert von ent, division director, wastewater. CHALoCASTRO: It's totally you. )C111)9LLE: No. LoCASTRO: Do you want say anything, sir? I'll just add, much like I said about re��g, you know, the use of water and properly using water and saving water and all the things that that plaque goes with is -- sometimes flies under the radar, as we say. But so many things are being done behind the scenes that put Collier County at such a high level compared to the rest of the State of Florida, and we're so June 27, 2023 proud of that. So, gentlemen, thank you, and thank you for the people that you're here representing that have worked so hard to earn that award. MS. PATTERSON: Commissioners, we're a couple minutes early, but I think we can go to our 9:3 0. CHAIRMAN LoCASTRO: I think we can. L \Wt4, 'V Item # 1 OA 0 AN UPDATE FROM SENATE PRESIDENT KA EN PASSIDOMO REGARDING THE POTENT R ATCHING FUNDS IN THE AMOUNT OF $10 MILLIO M THE STATE LEGISLATURE FOR THE PURPOSES A C NSTRUCTING ADDITIONAL SQUARE FOOTAGE DED BY THE UNITED STATES DEPARTME ETERANS AFFAIRS CONSTRUCTION GRANT PRO)M FOR ADULT DAY HEALTH CARE AND 01 THE PROPOSED STAT� PROJECT -UPDATE G 18-ACRE PARCEL AS T NURSING HO SECONDED NT THERAPY SERVICES FOR S' NURSING HOME 1; MOTION TO DESIGNATE THE SITE OF THE VETERAN'S BY COMMISSIONER SAUNDERS; bMMISSIONER MCDANIEL — APPROVED MS. PA-TTERSON: Item l0A is our 9:30 time -certain. This is a reco ation to hear an update from Senate President Kathleen Passido regarding the potential for matching funds in the amount of $1(�million from the State Legislature for the purpose of constructing additional square footage not funded by the United States Department of Veterans' Affairs Construction Grant Program for adult day health care and outpatient therapy services for the proposed State Veterans' Nursing Home Project. Page 19 June 27, 2023 And I'll hand it to Commissioner Saunders. He's sponsoring this item. CHAIRMAN LoCASTRO: Sir, the floor is yours. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. We have some special guests here, and I'm going to ask Mr. Mullins to come forward to introduce our special guests �t e Florida Department of Veterans' Affairs. We also have th or of having our Senate president with us this morning, Senat 0 Passidomo. As everyone knows, Senator Passidomo has n admirable job as Senate president. She has one more y in at capacity, and I know she's going to do great things for the St e of lorida and, quite frankly, setting an agenda for the co t And so on behalf of myself anq a I want to thank Senator Passidomo for being here and for, reat work that she has done and will do. I had asked the Board at t meeting to take $10 million in additional money from o ax fund and put it to a potential use for developing some fal in our nursing home -- pardon me -- that are not f nded by the federal or state government. So, for example, a vete 'f acility to provide adult day health care, a facility to pro i e bilitation. Those types of services can be funded by he 4eral Department of Veterans' Affairs, but new constructio those facilities cannot be. he request of the Commission at that time was to add $ n for the construction of those types of facilities at our ve ra snursing home. I met with Senator Passidomo, and she agreed to consider that, and I think she has some comments for us this morning concerning that, and that's why we're here to this particular item. We do have several other issues involved in that, and one of Page 20 June 27, 2023 them being the movement of the nursing home to the 18 acres. That's actually a separate agenda item, but I think we're going to be discussing that this morning as well. So perhaps this would be an appropriate time for Mr. Mullins to introduce our special guest, and then we'll proceed from there, if that's acceptable, Mr. Chairman. CHAIRMAN LoCASTRO: Sure. MR. MULLINS: For the record, John Mullins, yoW%.&ector of Communications, Government, and Public Affairs. also want to provide my thanks to Senate President Kathlee _4domo. This year I want to say she almost single-han?dl)fdelivered over $14 million worth of project appropriation,request funding for Yp projects. Collier Count jects. It's with her ba fin the Senate that we were able to accomplish so much this we're looking forward to great things next year opefully. SENATE PRESIDENT PAS MO: Great. CHAIRMAN LoCAST ice job, John. Way to get that in there. MR. MULHERE: we're also very pleased today to have joining us from the Flooda epartment of Veterans' Affairs Deputy Executive DirecABob Asztalos and Chief of Staff Al Carter. And I would say pri ba ly after President Passidomo's comment, if they would Ilk to C, e up and say a few words, that would be appropriate e Board would like to hear from them. AN LoCASTRO: Absolutely. MISSIONER SAUNDERS: I think, Mr. Chairman, if we co ear from Senator Passidomo, Senate President Passidomo, on the issue of the potential for some matching funds, then hear from our guest from the Department of Veterans' Affairs, I think that would be really appropriate. And also, I know all five of us are in agreement about moving Page 21 June 27, 2023 the veterans' nursing home to the 18 acres, and I also understand that Bob and Al are going to take a little tour of that 18 acres. And so we can kind of combine that with this issue on the $10 million. At some point I'll make a motion to do just that. So with that, Mr. Chairman, I'd like to ask Senate Presiden Passidomo to tell us CHAIRMAN LoCASTRO: And, Mr. Miller, just as L, reminder, the senator has unlimited time. No lights, pl e. No lights. MR. MILLER: I wasn't going there. SENATE PRESIDENT PASSIDOMO: o. I will tell you, though, don't ever say that to a politician. allahassee, the two biggest lies are -- "it's a part-time job" number one, and number two is when somebody conp,�'p�, Oe podium and says, "I'll be brief," you might as well j slippers, and take a nap. But I do want to be brief b4 were speaking this morning our pajamas on, your Dt some really -- we the vision for the center and moving forward in the future. This is not your World War II veteran program anymore. *#* But first of&U(rs want to say that I've been involved in this with Commission for -- you know, I was in the House when we started his. o that's, you know, over, you know, almost eight years a o. the vision that the Commission, and, in particular, Com er Saunders, provided to me just made such a big differen . so when I'm up in Tallahassee and we're talking about what weVd re going to do in Collier County, it reverberates because it's forward thinking. And it's funny too -- and I'm saying this because it's kind of humorous. When we originally were looking at it, we had a site. Unfortunately, it was kind of far out, and it wasn't near a Page 22 June 27, 2023 whole lot of services at the time. Today it's probably the middle of town, but eight years ago it wasn't. And I remember when I looked at the Golden Gate site, I said, this is perfect, because you've got a hospital up the road. You've got the veterans' favorite restaurant, Cracker Barrel, down the street. You have a shopping center. You -all did a yeoman's job in si g that property, and I think that made a big, big difference. So my commitment is to help you with the fundin Ohink, you know, when you came forward with the $30 mill' , hat was a game changer for Collier County. Ocala took a sInck, and so we're moving forward. And I know Bob's g t alk a little bit about where we're going. We're going to try to work together a funding request this year. I think it's a good time -- goo,(d t' nd I'll do whatever I can to help, because I think this wk��c we have so many veterans in Collier County, and they're m the state more and more. One thing I do want to , too, is my initiative this year -- as you know, I di ocal as my number one priority this past year. My next sessi we're going to be living healthy. So Live Healthy is our initJ tive. And one o -- one of the things -- the biggest issue that we're going to have 'th veterans' facility is staffing and the like. So our numb on iority is going to be how do we attract more and more healt providers, whether it be doctors, nurses, companies, hosp. 1 ers. From soup to nuts, we're working on that this surt'i'ft pass some legislation to attract healthcare workers to the state, and we're looking at all kinds of different ways of doing that. And so that, coupled with the workforce housing, which you would have near this facility, is going to make this veterans facility probably one of the best in the country. So I want to thank you for your vision, and I will do whatever I Page 23 June 27, 2023 can to see it to fruition. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. (Applause.) COMMISSIONER SAUNDERS: And, Mr. Chairman -- CHAIRMAN LoCASTRO: Sir. COMMISSIONER SAUNDERS: -- I guess, let me do kind of set the table for some comments from the DepartmeAt Veterans' Affairs. I'd like to make a motion that we ororsome y designate that 18-acre parcel as the site of the veterang home as opposed to the 12-acre site that was first design 'll make that as a motion, and then I think that will set t e comments from our guests. CHAIRMAN LoCASTRO: Secon . COMMISSIONER McDANIE, ,: and it. CHAIRMAN LoCASTRO: I've got a motion and a second. MR. MILLER: Mr. Ch ' sorry. I do have a registered public speaker on this ite , 1 CHAIRMAN LoCA O: Okay. MR. MILLER: Jackie Keay. My apologies. I should have spoke up sooner. CHAIRIY LyoCASTRO: No, that's fine. Hi. oo orning. MS. Good morning. I'm Jackie Keay. Most of you kno o good morning. Wtv veteran, and I'm the new director for the Journey Home. We're uilding a relationship -based organization here, and the focus is on connecting veterans to their community. As we know, veterans in Collier County alone, only 24 percent of eligible veterans access VA care. So access to care isn't a problem. The problem is there's a gap in between those services, and I feel like, as a veteran, we are Page 24 June 27, 2023 indoctrinated when we join the military. Your family, your parents, they're no longer your family. Your family is the military. Your family is your buddy. Your family is that person in the trench, in the foxhole next to you. But the problem is when we exit the military, no one tells u how to reintegrate into our community. So oftentimes veter vulnerable, and they are feeling isolated. So whatever you -all do with this project, ensure th-4t(e erans who -- the vision, they look like me, they have brown skin, they are females, many of them suffering from PTSD as w ilitary sexual trauma on so many issues. So when a b ut outpatient services, those type of services should be inclu e a well. I see another major gap with those s ri g with alcohol dependence, drug dependency. There' o ere for them to go besides jail. They won't find ther p; e. So I would like to ask you -all to consider putting in an tj&tient therapy service for those suffering from those issues. n And, again, we knowthe most important thing that veterans need is to be around other veterans to heal. They're not going to find healing in other institu4ons; however, the caveat to that is the veterans need to integrated into their community, so that's part of our mission i teg ting veterans with their community. So th k all very much. This is a very important undertaken feel like -- think about the veterans, focus on veterans first. e one thing I love about our country and our c y, we will disagree on many things politically, but I have ye ee a community member who does not want to honor and, you know, show respect and love to veterans. So thank you all very much. CHAIRMAN LoCASTRO: Okay. Thank you. (Applause.) Page 25 June 27, 2023 CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. So we've got a motion and a second that everybody's going to support, I assume. Why don't we call for the vote on that and then I'll ask -- CHAIRMAN LoCASTRO: Okay. I've got a motion andz*,,, second. All in favor? COMMISSIONER HALL: Aye. 'V COMMISSIONER McDANIEL: Aye. 0 CHAIRMAN LoCASTRO: Aye. JON$ COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: I tp hs s Panimously. COMMISSIONER SAUND o with that, I'd like to ask our guests from the Florida DepaZ t of Veterans' Affairs -- I know you're going to be taking a to e're going to be looking at -- by moving this to the 18 acr , t s going to create an opportunity to do everything on one floor, aNso the additional 10 million from the Collier County and potVitially the 10 million from the State, with that additional $20 ' 'on, we should be able to build a first-class nursing home with al the, other amenities, the adult day health care, the rehabilitat' n s ices, provide a separate entrance, if necessary, for those ty es rvices, and do other things as has been indicated by the pr v speaker that might be necessary for the benefit of the v n We'll have a little bit of a campus atmosphere there, and I thi 41at's going to be a wonderful thing. And I appreciate you being here. I look forward to your comments. MR. ASZTALOS: Thank you, Senator, and thank you, Mr. Chairman, Commissioners. I'm Bob Asztalos, the Deputy Page 26 June 27, 2023 Executive Director of the Florida Department of Veterans' Affairs. I have Al Carter with me. Al Carter's our chief of staff, and he is the person who really shepherded our last nursing homes that were built around the state. I don't even want to call this a state veteran nursing home. N s is really going to be a long-term care community. This is go' be a model for the country, and we're very excited about pa ring with you. 0 We've talked about this in the last meeting, so I' going to go through all the details. Just one point, though ant to make. Jackie brought up a very good point. As we '1 is -- this community, we have to look at who is going t y our clients, right. It's not the World War II generation. It's t the Korean War. It will be some of the Vietnam War, blit ' t ext generation. It's the 911 veterans who need more r �' L vices. They have prosthetics. They have wounds. Women veterans. Wo erans, we have one of the highest populations of women v n the country, 162,000. We are going to see more women erans coming into our homes, so we have to have services that meet their needs, and that's what we're looking to do. And so - s th is an exciting program. Again, it's not even a s4ee,r n 'ng home. It is a state veteran long-term care ct we're excited about it. ive you -all an update, since we last talked at the last c n meeting, so under the leadership of President Passidomo, tature did pass $500,000 for us to start doing the site project. We have a meeting tomorrow. In fact, when I get back with the Department of Management Services to start talking about them, us -- FDV has got a contract with them, and then they are going to put out a bid for an architect and all the site work to be done. So Page 27 June 27, 2023 we're looking to move forward on that. We are looking to propose a legislative budget request so that we have the money to move forward with the grant request. We are still shooting for April to get our grant request in to the federal government so that we can get -- draw down the federal match a move forward on this project. tse So we're excited about the partnership. I think the -- t* moving to the 18 acres really does move this along, bec�u�e had some concerns about trying to put all these great services" in the smaller site, but I think moving to this larger parc t really takes us over that speed bump, and I think we're go' t e le to move ahead in a great partnership here for the vetera s own in this area. CHAIRMAN LoCASTRO: Thank u, sir. MR. ASZTALOS: Okay. T4a o . COMMISSIONER SAUND nd I think the -- I guess the message to our staff is to make s at everybody's working diligently with the Departme eterans' Affairs and with Senate President Passidomo and It r lobbyist to make all of this come together, the $10 million from the state, and also the preparation of the site, designatio of the site. Mr. Chai the other issue involves the golf course, which is really not an * s e our visitors from the Department of Veterans' Affairs or or for Passidomo. I would like to move into that when we're ' hed with this particular item. I think we -- I think we a . point. IRMAN LoCASTRO: Yes, sir. MMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: One thing I would just like to add, you know, on behalf of all of us, Senator, thank you so much for being here. You're always accessible, you know, to us, and it's great that you live in Collier County, so it makes it a little bit easy. But I June 27, 2023 think no matter where you lived, you're that -- you have that level of accessibility to everybody across the state. And so we are lucky to have you as a local citizen, but more importantly, we're lucky to have you in Tallahassee. When we went up to Tallahassee, we had a few moments with Senator Passidom and her dedication and also understanding of moving parts is t speed, and so that's very helpful to us. As a veteran myself, I also -- and maybe it's part o ary protocol -- I have to give a shout -out to General "Ha " Hartsell, if he's listening. He's a Marine Corps two -star an anks me by a lot. Outranks Commissioner Kowal by a lot, t a so been extremely accessible to all of us and is part of is team as well. So this is truly a team effort. We h so much opportunity on the table, and one of the things that yV s of coined here is we never wanted the next nursing ho wanted the best one. And so we are moving forward and c ed and dedicated, and together, as a team, this is goi e a veterans' nursing home that's going to be a benchmark And shovels won't g the ground tomorrow. We commonly hear from, you know, citizens, why isn't it being built immediately? There's a lot of ing parts, but in order to do it right, you have to measure twic a d t once. So nobody's stalling on anything. I think we'v on ad even more opportunity and more good news and now a bigg ' e and more square footage to work with, which was alwa cern. think all of us here are excited to lead from our side here in Co County. And, you know, we'll push as hard as you -all can pull, and it's going to be a great day when maybe our replacements are all out there cutting ribbon, who knows, but it's going to be an incredible home with in -patient and out -patient things, and a lot of services that don't exist anywhere else but will in future homes Page 29 June 27, 2023 because we/you have all set that benchmark for us. So thank you very much for your leadership. It's much appreciated and highly respected. COMMISSIONER SAUNDERS: Thank you, really. Thank you. I think Mr. Mullins is going to be guiding the tour. MR. MULLINS: Yeah. COMMISSIONER SAUNDERS: Great. 0 CHAIRMAN LoCASTRO: The Sheriff also sat you -all were double parked outside. So I'm sorry; that's ing we can control. He doesn't fall under us. Thank you again, ma'am. COMMISSIONER SAUNDERS: nk you, Mr. Chairman. CHAIRMAN LoCASTRO: Coo er Saunders. Item # 1 OB BOARD DIRECT STAF ALUATE MOVING THE PROPOSED LOCATIO THE STATE VETERANS' NURSING HOME FROM HE NORTHWEST PARCEL OF THE GOLDEN GAT OLF COURSE SITE TO THE 18-ACRE LOCATION IG ALLY PROPOSED FOR DEVELOPMENT OF THE G TS ENTERTAINMENT COMPLEX, TO WORK WITH FIR E OF NAPLES TO CONTINUE TO ENSURE THEIR�VT'ELOPMENT NEEDS ARE MET, AND TO D TERMINE IF A PUBLIC GOLF COURSE CAN BE DESIGNED COVPLEMENTING THESE CHANGES — MOTION TO APPROVE WITH CHANGES INCLUDING UPDATE BASED ON ITEM #l0A MOTION/APPROVAL BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER HALL — APPROVED Page 30 June 27, 2023 COMMISSIONER SAUNDERS: The next item is the issue dealing with the golf course. And I can tell you, there's no one in the room that's more disappointed than I am that BigShots canceled their lease. None of us could have foreseen that, I believe, TopGolf 1 buying BigShots and TopGolf doesn't want a competitor this 1 , Z� and so they've canceled the deal. And, quite frankly, the ILA4 at ClubCorp and BigShots really just weren't communicate Oith us. They weren't really honest with us as to what was re ing on. As late as April, they were in here talking about fi g, and we all knew that that was probably not the case. So, anyway, moving forward, I've shown i p operty to two major golf course developers, operators, owners, and they've all said -- both of them have said without 'tation that this remaining property, putting the 1 ack into the property -- and that was a location where there SeN o holes of golf there, putting that property back into this go o se. They can do a golf course. That's not a problem; the a driving range, most importantly, provide the facilities nee or First Tee and a little practice green, a little clubhouse, and a restaurant. All of that can still go on this property. And,Ae frankly, that is the best use of that property for our communie� I wa to �d some excerpts from a letter that we received from Reinhold S eding with Arthrex. So I think it really tells the whol ecause this is not just a golf course for the Golden Gate c y. It's in that community, but this is a golf course for all of the ci zens in Collier County that perhaps aren't able to afford going to one of these clubs or one of the other private clubs in the county. But Reinhold Schmieding says, on behalf of Arthrex and over 4,000 employees and their families in Collier County, we would like to advise our county government leadership of the importance of Page 31 June 27, 2023 having a public golf course for our local families and children. In addition to the many benefits the game of golf affords people of all ages, this golf course will play a significant role in helping recruit and retain employees and their families to overcome the enormous challenges companies like Arthrex face to maintain our presence Collier County due to skyrocketing real estate prices, high co t�+ living, lack of affordable housing for employees, and clima challenges. The First Tee has been a great attraction and ret And this is really the most important part of this letter. irst Tee has been a great attraction and retention benefit f a . e who live and work in Collier County. The First Tee affiliat d o f course will also make a huge statement that our county is ' erested in welcoming families and providing more access 4o e of golf, especially for those who lack the financial resou lay in Collier County. Arthrex has invested over $2 1 ion in the First Tee, as cofounder and primary spons over 15 years and has committed over $1 million to the Fi cademy headquarters building project in Collier County. he County not investing in the adjacent 12-hole public golf coupe will jeopardize the entire project. Please supW First Tee and its need for a 12-hole public golf course and pr c 'ce ea for all children and their families in Collier County. I kno ave with us Cindy Darland with First Tee, and she, I'm s oing to have a few comments to make. er County has been looking at acquiring and developing a go c urse for our community, literally, for the last 30 or 40 years. This is really the best opportunity if we're going to have public golf. And as I said, I've talked to golf course operators. They've said that giving Collier County residents a deep discount, 40 or 50 percent in the cost of a round of golf with Collier residents able to make Page 32 June 27, 2023 reservations just as well as anybody else who's paying a higher price, this course could be very -- it would be very profitable for a professional operator. It won't be profitable if Collier County tries to operate it, but it will be very profitable if we have a professional group and we gi them the right incentives to operate and develop this golf cou+ And so, Mr. Chairman, at some point in this discussio , going to make a motion that we direct staff to continue e forts to develop this 12-hole golf course, which would inclu ing sure that the proper zoning's in place, the proper land i ce, and that we continue with the efforts to design this co is efforts have been ongoing. I know there's going to be some co nts, but that will be my motion at some point, Mr. Chairman. CHAIRMAN LoCASTRO: ' ler, I show -- do you have public comment? MR. MILLER: Yes, sir have two registered speakers. Your first speaker is Cin nd, and she'll be followed by David Bumpous. MS. DARLAND: Good morning. CHAIRMA oCASTRO: Good morning. MS. DARLA : First of all, I want to thank each and every one of you for taking the time to visit with me in the last few days in regards to oving forward with the 12-hole golf course. Co ounty does need a public golf course for its taxpayers i iti�n to First Tee. Your commitment to continue to invest the $ ion into the golf course shows you are invested in our community and truly care about our full-time residents as well as tourists who visit Collier County every year. First Tee is excited to continue to work with you as we build our learning center next to Collier County's first 12-hole public golf Page 33 June 27, 2023 course. Thank you for your consideration. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your final speaker on this item is David Bumpous. MR. BUMPOUS: Good morning, Commissioners, staf always a pleasure to be here with you. I can, obviously, keep my comments pretty brief b Qbn the actions of the Board this morning. But I do want to Mr. Schmieding's sentiments and the appreciation that you're doing and also as a citizen and a father. I ha h' dren who have grown up not only learning to love golf, o e importantly, learning the values that golf really teache , nd that's been through the First Tee and Ms. Darling's tirelesrodayy and work that's been put into that program. And, quit need that in this world and in this community more than e those values that are taught through that program. So thank you on be myself and on behalf of Mr. Schmieding and the t sands of employees that reside here. We appreciate what yoylre doing. And, quite frankly, thank you for what you're doi or the veterans as well. I'm a son and grandson of two vettera ank you. CHALoCASTRO: Thank you, sir. COMNER HALL: Thanks, David. LoCASTRO: Commissioner Saunders. NER SAUNDERS: Well, Mr. Chairman, I'd like to a e a motion, so we can get this on the floor for discussion, that we direct our staff to continue the efforts to develop this 12-hole golf course at the Golden Gate Golf Course; that they take all the steps necessary to move this along, which includes completing the design, completing the zoning issues, and making sure that the parcels that Page 34 June 27, 2023 are necessary are included. Mr. Chairman, I've been -- you know, we all have projects that we work on, and this is one that I've been working on for a number of years. When I got elected to the County Commission, my goal was to help improve the Golden Gate community. That included purchasing or acquiring their water and sewer services, creati zoningoverlay to help improve the commercial district creat a Y p p � g taxing district with no tax increase to help fund needed infrastructure to deal with flooding, and other things like that. This is just one big piece of that puzzle, and 'king for support from the Commission to make this a it Ii's very Y important to me personally, and I do appreciat ya y upport that I've got from the Board. CHAIRMAN LoCASTRO: Y.o ' ome comments from our colleagues. Commissioner HZ hen, Commissioner McDaniel, you're on deck, sir. COMMISSIONER HAL ank you, Mr. Chair. I just want to make now, the public may be sitting here, why is the County pushin r another golf course? I mean, there's 80 golf courses in this ace, but there's not 80 public golf courses. Coming he rom another place -- I've been here nine years. I still have stic r sh for what it costs to play golf here. And it's not just li o an just go anywhere and play where you want to play. You to be invited. So to have a quality public course is som at's just -- I think it's -- I think it's highly important. It's ti r at. And it's going to be 12 holes. It's not going to be 18. ,vnd because of that, I want to encourage whoever we get to design this place to make this place special, not to make it so hard that nobody enjoys it, but to make it special. And I think that we can do that. And I just -- you know, as we direct staff, I want to encourage us not to drag this out forever and forever and forever. Page 35 June 27, 2023 As a businessman, I say that we make some choices and get some things moving and get some dirt moving and get some greens made and get some kids on the course and some families on the course, and I will be a champion of it. CHAIRMAN LoCASTRO: Thank you, sir. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. We -- I don ow. Commissioner Saunders, did you make a motion, or are st discussing all -- COMMISSIONER SAUNDERS: I made th on to get the item on the floor for discussion, so there is a io n the floor. COMMISSIONER McDANIEL: All rig . ell, I'm going to say this out loud. I'm totally in support hat we're doing with the veterans' nursing home, totally in supp at, totally in support of First Tee and what they do for our - r our community, totally not in support of spending that $ i ion that was originally appropriated for the loan to t Corp folks for this 12-hole golf course. I am totally in suppo -- we already own the land. I'm totally in support of bringing t�e property forward, offering it up to a developer for a lic golf course with a reduced rate for our residents, tot in pport of a long-term lease. If Cindy wants a 200-year 1 ase, 'll give them a 200-year lease on the property. I don't want to ever have to look back, and for the First Tee to have a u�you know, we had a budget workshop here a week or two a Ten -and -a -half million dollars of unfunded requests that were appropriated in that budget workshop. Granted, eight and a half of that was one particular development or project with Water and Sewer over west of Goodlette Road. But before we make a commitment on the expenditure of that $7 million right now, I would prefer we set Page 36 June 27, 2023 that aside. We have commitments, Commissioner Saunders. You've already made commitments with regard to the remediation, the zoning. That needs to be done. That needed to be done when we bought the property. Those things need to be fulfilled, need to be kept up, but can't support moving forward with the County constructin - ole golf course at this time. I just -- I can't support that. AJ other things I'm totally -- I'm totally in concert with what you'reelooking to do. CHAIRMAN LoCASTRO: I was goin s something, but I'll hear from -- Commissioner Hall, sir. COMMISSIONER HALL: So, yo ow, I'm listening. So we don't -- do we have choices withhth rRrty? We don't have to gift it? What's the options if we COMMISSIONER McDANI I don't think we're asking for -- I don't know. I mean -- COMMISSIONER I You mentioned the 7 million, so I was just kind -- I was just urious that maybe -- (Simultaneou crosstalk.) COMMIS ER SAUNDERS: Maybe I could elaborate on that. On the acr , we are going to deed that to the federal governme t fo e nursing home. That's an absolute requirement. The rest o 1;roperty we will own. The golf course will be part of the Collier ounty Parks and Recreation Department. It will be oyfMd by Collier County. s a Jack Nicklaus -designed course, so it will meet the stan ards, Commissioner Hall, that you said in terms of a quality golf course. Jack Nicklaus has several of these 12-hole golf courses. And one of the gentlemen I spoke to that develops golf courses indicated that he had just developed a 12-hole golf course out in Page 37 June 27, 2023 Oregon that was hugely successful and that he knew this would be hugely successful. So it will be well designed. It will meet the standards that you're talking about. It will be owned by Collier County. It's art of our park system, but it will be operated -- assuming the Boar es along with this, it will be operated by a professional operator, 1 l ClubCorp. There are plenty of companies that do the same of work. So it will be a professionally run golf course. O And just so the Board knows -- because there w omment that Commissioner McDaniel made that he was o �th loaning the $7 million. This was never -- this was never oa he I that went out and the commitment that the County a e was that the County would pay for the development o e golf course, the $7 million to develop a golf course., ationale for the County paying for it, simply, is it' f course. It's our property. It's our golf course. And ClubCorp and BigS ,hey were going to be the professional operator of ' with the BigShots facility. The only thing that's changing, the y thing that's changing is there won't be a BigShots facility. And, quite � kly, I think we now have a better project. I think -- havi rVessionally run golf course still designed by Jack Nicklaus d ing the veterans' nursing home, I think we now have a bett j ect for that. sappointed when BigShots fell away, but as soon as I h at there was a problem, the wheels started turning in terms of ho d we make lemonade out of these lemons, and I think we've done that. Moving the nursing home and developing this the way we're looking at it I think is better for the community in the long run, and that's why I'm moving this forward. So it was never a loan. It was always a $7 million investment in our own parks. June 27, 2023 And I'll tell you, we spend hundreds of millions of dollars on our parks. I mean, I'm not sure how much we spent on the Big Corkscrew Park. That's probably, what, a $120 million park by the time we finished. And so this is not an unusual request. And I, again, ask the Board for support on it. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I mean, there again not going to argue the point one way or the other. I was to it as a loan. It was originally a subordination agreement to Corp with regard to the lease on the property, and then we fo t that we couldn't subordinate it, and then this came fo r Again, you can -- this is what I -- I'm sharing with you wh was told. I'm not making this up. COMMISSIONER SAUNDE4S: ou did vote on the RFP to go out that had a $7 million co t. So I understand what you're saying. It may have been - COMMISSIONER McD L: And I didn't -- COMMISSIONER RS: That's always been the case. COMMISSIONER ANIEL: Just as a correction, I didn't support the investment Q& the county money into this golf course at all. I have sup ed the acquisition of it. I supported the utilization of roperty for the veterans' nursing home. I supported e 'zation for First Tee, but not the construction of the golf course at's where I stopped. e right-of-way that we acquired when we bought this p� operty for 28, $29 million for the six-laning of 951. And I -- g in, I think more fact-finding needs to be accomplished before we make the expenditure for the construction of a golf course. Putting the property up that we already own to a private developer and operator, having it be part of our Parks and Rec system, I can see that. Meeting the commitments that we needed to Page 39 June 27, 2023 do to fulfill the remediation and things, I can see to do that. Supporting the First Tee, all the way, I can see to do that, but not expending the money for the golf course. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I'm new to this game, but I kind of look from the and kind of watch everybody and what they're doing. And o at history, and I -- and, you know, as a county government 1e do have responsibilities to our citizens. We provide parks. rovide pools. And we -- you know, this county spent a 1 oney in the 20 years I've lived here on the parks we provi o r citizens. And I look at some of the numbers at so -A o t ese parks that we spend money on, and I don't know wh we get in return other than just the satisfaction that we pro.vi And we can provide them for our citizens, and we sho �, oint. And -- but then I look at the course and I'm thinking, this is just another arm of our Parks ecs. You know, this is something that we provi citizens. It's something else they can use as a family. An t ink we would make some revenue off of this in return for a very, very smaller investment than what we've already investecl�isome of these parks we have out there now. I mean - a d I don't -- I sat here in a meeting a few months back. AnI y now, Paradise Sports Park telling me the numbers and showin the numbers and telling me how they lose money on their ck and, you know, how we going to fix that and this and t d I know that price tag was well over 150-some-million do r , and it's still counting. So I look at providing another public place for our citizens to enjoy with their families that don't really have that big of an investment that may make a little revenue back to the County and using that property for, you know -- in that way. You know, I'm June 27, 2023 kind of looking at a common sense thing. Where do I want to spend the other money we were going to spend on something else? I think this may be an investment. So I was just going to tell you how I feel about it. Thank you. CHAIRMAN LoCASTRO: I'll make a comment here. �+ I know it's no secret. I've said it at this microphone be e well before I was a Chair, just as a newly -elected official. I_40 know that I would have ever voted for the sports complex. I 't know if I was sitting here I would have voted for the -- to ay er dollars to buy the golf course, but that's ancient histo d o we're sitting here now. And so I've also gone on the record ing, even if I disagreed with something that happened, you �n s prior or predated me, it's all about the here and now. A out making it successful because it's been decided. I look at that piece of pro maybe more strategically or more holistically. We could s' e end debate, you know, the -- a county golf course and falling un Parks and Rec, but I'm looking at the entire footprint. I look at what First Tee is bringing to the table and how this golf coF e complements what they are already moving forward at a ag essive positive pace. And even the veterans' nursing ho e. ou know, this might be a small thing, but veterans lookin ou indow and seeing a beautifully landscaped golf cour d of maybe, you know, something different. ivso I don't think we're putting a shovel in the ground today. Th e' a motion to make some very definitive decisions. But I look back on it more holistically at the entire project, and I think it's a cohesive project with what First Tee is doing, and I support a thousand percent what First Tee's doing, as we've all said up here. But I think the golf course moving forward, we could have -- we Page 41 June 27, 2023 could do some would have, could have, should haves, but what we are right here today, I really feel strongly in support of that cohesive course and First Tee being more of a partnership and then the aesthetics of that footprint and what it will look like in the end when all the ribbons are cut and everything's done. Is that going to be huge positive for the community and really an investment? feel it is. And so, you know, I support Commissioner Sau s motion, you know, to move forward. We're not going ®o it in a vacuum. And was I disappointed that BigShots droppe Yeah, I share in the disappointment, but you know wl ? e hadn't put a shovel in the ground. They hadn't done anything. So I sort of echo what's being said u ere, the positive comments anyway, is that maybe Bing s ing, you know, hey, we're pulling out; we're not intere aybe one step back, but I think this is an incredible opport 't at takes 10 steps forward. We've already passed a motio gives a bigger footprint to the veterans' nursing home, e all support, so that was a positive. So, you know, Big S is maybe ancient history. And that's how business works. People are in, they're out, they're in, they're out. And, you know, they hadn't done anything other than some analysis. B I hink when I look at all the projects combined, and even the a or e, you know, housing project and how all that fits into the fo t, I think, the golf course is a major piece of the cohesio the aesthetics and the citizen services that would be b tNo that footprint. you know, I certainly support it strongly and have, you know, minimal reservations. You know, we're going to keep our eye on the ball, and we're not here rubber stamping anything and moving forward regardless of any concerns. So some of the concerns up here definitely do have merit, but I think there's more opportunity Page 42 June 27, 2023 here than significant concern at this point. So I definitely support the motion. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I just -- if your motion is to continue on with the expenditure of the 7 million, i going to force me into voting against this, and I'm not against 't+i s entirety. y If your motion is to move forward with the exploration and utilization of the balance of the land for the golf cour ",N continue on with First Tee and secure a long-term home for ee, those sort of things, then I can totally support it. B . vestment into the construction of the golf course, I can't supp rt. COMMISSIONER SAUNDERS: 1, the motion contemplates the fact that we have fun ble to build the golf course, and so I'm not going to ch t motion. I appreciate the potential support, and I think it's i ant. I think it would have been nice to have a 5-0 vote, t t doesn't always happen. And a 4-1 vote on this -- it sou we've got good support for this -- is okay by me. But I can't c ange the motion to remove the fact that we have $7 million set aside for this project. That's part of the motion is to morward with this project. So, no, I'm not going to change the m tion. CHAI LoCASTRO: Commissioner McDaniel. COM IONER McDANIEL: My final comment is, again, weir eginning stages of our budget process. We have 10 and a ftV ion dollars of unfunded requests for Parks and Rec, for m t ance, for zoning, for things that are very, very necessary for our community. And until -- until those things are actually taken care of in a satisfactory manner, I think it's prudent for us to explore the utilization of this property as a golf course, putting it up for someone else to develop it and manage it and operate it. And I think Page 43 June 27, 2023 you -- well, anyway, that's what I would prefer we do. So I can't support it if it's continuing with that expenditure. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: What's the possibilities of public/private partnership with somebody privately joining in? guess I understood it -- I understand it now. I thought the 7 Tl was the value of the land that we were allowing for the golf rse. Now I understand that it's the -- 7 million is in addition h land to actually construct it. If we -- in staff direction, is there a possibilit e could do private/public partnership where somebody th r to y welcomes in and puts in, you know, a portion -- a small p rt on, a large portion, or whatever portion, towards that 7 millio o construct the golf course? I don't know how that deal w rk, but I'm just asking the question. CHAIRMAN LoCASTRO: o missioner Saunders. COMMISSIONER SA S: I think that the problem is -- and we -- just for a of the history, we did a request for proposals where we aske eveloper to come in and build a golf course. It would be owne by the County, but a developer would come in and pay for it and build it. We got k5l,responses. ClubCorp was one of the responses. And befor we uld ink any deal with them, they said, no, we can't do this. 't make a golf course work where we have to build the g se and operate it but also give a discount to county re f 40 or 50 percent. The numbers will not work. rolling the clock forward -- so we did -- we did a second request for proposals. In the second request for proposals, we said, okay, the County will build the golf course, pay for the $7 million to build the golf course. The County will own the golf course and will have it operated by ClubCorp or whoever bids. ClubCorp bid on it, June 27, 2023 and they were proceeding. They did an analysis of the course, and they are determined that this course would be very profitable if operated properly but only if the County continued to fund the construction of the course. Because you put that 7 or $8 million into the construction cost, aS,, then you have a 50 or 40 percent discount for county resident ,fit+ numbers don't work for a private developer. So that's why we came back and said, okay, the Co Owill pay for the course. We'll build -- we'll have it professio esigned, we'll pay for the construction of it, and we'll have rator, and we'll share in the revenue. So to answer your question, I think that, h vi g some sort of a sharing, might very well be possible, but in -- I think we need to just move this on today. I know th4t go to a private owner -- a private developer and s , we want you to build a golf course. We want to own the o course. The County will own the golf course, but we want t pay for it, and, oh, by the way, we want our residents to 0 percent reduction in the cost for playing golf, because the bers won't work. So in order for this to work, to have a quality golf course, professionally run, we're going to have to pay for the golf course. The other alt tive is to simply sell the land and have a private developer om and build a golf course, but it won't be a county golf course there won't be reduced rates for First Tee and for coun r nts, because it just simply doesn't work. that's why I'm asking the Board to move forward with what we a already planned. We have a better project now, one that I think all of us will be very proud of when we start breaking ground on some of these things, the workforce housing, the veterans thing, the golf course. These are going to all be tremendous assets. CHAIRMAN LoCASTRO: Commissioner McDaniel. June 27, 2023 COMMISSIONER McDANIEL: Yeah. I'm not going to vote for the motion, and I want you to hear me. Cindy, I'm looking at you. I'm not in opposition or support of First Tee. I think there are alternatives that can, in fact, be done. I don't know that we have to build a 12- or a 9-hole golf course. I thin e could build a really nice practice facility for the kids to play o e could build three holes if we're going to do something diffe a Par 3, a Par 4, and a Par 5, and the kids can still learn all the cts of golf and do what they need to do, and we don't need nd the money that we have with -- at this particular point ' e. Again, if a study's done, a public/private ship is done, we already own the land, we maneuver things aro r to e able to facilitate the utilization of the land with a veloper to build a golf course, 9 or 12 or anything -- sometki those lines, then we can account for it at that time. But today the expenditure of e funds were -- especially while we're in the infancy sta o the establishment of this new budget where we've alre told that we're 10 and a half million dollars shy of unfunded r Vsts -- and I'm sure there's probably more in the corners, as Leo Opkes used to like to say -- I can't support the -- I can't sup the motion. CHAIRYAfN oCASTRO: Listen, I don't want to open up a can of wo s , but I'm going to make a couple of statements. I look is as not an expense but more of an investment, and it remi f affordable housing discussions that we've had up here. Wow. I've got a twin. I just heard myself. It reminds me of some of the affordable housing discussions we've had up here where -- like, for instance, on this piece of property, one of the reasons why the affordable housing building that is going to be almost 400 units -- if I'm correct, 374 -- the reason why it's able to be 100 percent affordable, which is almost unheard of, is June 27, 2023 because the County owns the land and is donating it or, you know, we're utilizing that county investment. We've got philanthropic organizations like the Collier Community Foundation and others who are, you know, pledgin 10 million or more money. So then you have a developer that c es in that doesn't have that expense and is able to, then, put eve they have into the final piece and, you know, be able to aff b y do it. As developers tell us all the time, you know, thf're not -for -profit, so they're not going to build somethioing to be a huge loss. They're going to walk away. And that's why this truly will be one of t ee only, 100 percent affordable housing pieces. I mea t go when we were here and we were voting on The ve antizens were saying, oh, well, we'd accept 1�00 affordable housing, although I respected their opinion,&111r son why that's not realistic is no contractor can come in and everything on their own and make it 100 percent affordabl d if a contractor says they can do that, you're not going to way it looks. And so, you know, p of our leadership to protect that community was to say,,rea , that's a great idea, but maybe hidden within that, you w, make it 100 percent affordable, is then the contractor w a and you get nothing, and then you preserve that undev lop property. Not to off track, but here I really look at this as, like I said in the b i is, it allows us to attract something that is going to be a h ntage to the community. It's going to be complementary to irs Tee, and it's more of a cohesive strategic piece of a larger parcel of land. So I think if we, you know, back off this late in the game and sort of, you know, start to move backwards, I think in the end we get a whole lot of nothing. I don't think you're going to attract, like you Page 47 June 27, 2023 said, a lot of interest when we ask somebody to come in and, you know, build it all from scratch, absorb all the cost, and then, oh, by the way, here's all the extra we want with it. You're going to get a whole lot of nothing. So, I mean, not to be disrespectful to anybody up here, but, u know, if you're concerned about spending money that is an investment or not, I mean, I think this $7 million is a much 6� er investment for our community than the 15 million we great Wolf Lodge, which I voted against. So I think it does all matter. And if you're make cohesive votes up here, you know, you've got m e, ou know, uniform votes. And I think this gives way back m9--you e community. And I'm not saying Great Wolf Lodge isi'tbe great and wonderful and everything. I just ' ith giving them a $15 million Christmas gift which a know, I know sometimes it's different colors ney, but if you're going to throw up the unfunded list -- a ect what you're saying, but I think nobody up here is going t t that unfunded list go unfunded. You know, we already haves very aggressive approach to figure out what to do. But trad' the,unfunded list for the golf course and sort of connectin tho wo dots is, I think, is a bit unfair because then, like I said I woo it here and say, wow, maybe we could have used y 15 million for the unfunded list instead of helping to build Great W9olf,%oldge, which certainly could afford building their own facility. t that said, I have no reservations. I think this is a cohesive project that helps First Tee continue to move forward, and they're bringing a lot to the table. I think backing off now sends the wrong signal to our community, to our Parks and Rec leadership, and to all the folks that are putting pieces onto this tract of land to make it June 27, 2023 collectively a hugely successful, aesthetically pleasing, wonderful addition to our community. So there will always be parts and pieces that maybe our -- require analysis, but I feel like, you know, we'll be doing all those things. So I look at it as an investment, and we certainly e spent money in areas of this county that I think gave us much f a -- you know, much less of a return on investment, you kn to our citizens than this, and I think this one is a very high retu o investment if done properly, and we will ensure that ' So I do support it. Commissioner McDaniel. COMMISSIONER McDANIEL: Just as n'aside Commissioner Kowal, you know, we've IT4 enormous overruns on Paradise Coast, but that instrument Iva,C,Wed with a tax increase for the TDT, the tourist developm t�, and funded that -- the majority of that debt. There wa propriation for $2 million out of ad valorem for the upkeep aintenance, and we've had overruns on that. I'm nX11king away from those things. But I'm just -- and, ag , you know, you brought in the Great t Wolf investment, lk abou investments with a three-year payback, if the economy ho and everything goes, and an eight -year return of that $15 mill' if t ey file bankruptcy and we -- because we always get our ad alo tax collection. That always comes to the County. And it's an -year return in the event that that changes. een consistent here. I haven't supported the c on of this golf course. Once that moved into the process, th hen I stopped. Love First Tee. Think they do an amazing job.' I'm offering a thought. Rezone the property, the balance of this piece of property, and put it up for our small businesses on long-term leases, and do a flex space industrial park on that corner in and June 27, 2023 around those facilities to support small business. That's -- there are other avenues that this property could, in fact, be utilized for. Was I grabbing onto an unfunded request list that just happened recently in our history? Yes, but there are a lot of other things that could be done with this piece of property. I was totally happy with the housing. I was totally happ the veterans' nursing home. I was totally happy with the FTee facilities. I actually said off record, you know, we cou a the balance of that into a very nice dog park and never to ck and not have the -- not have the expenses associated with ' . zone it for flex space -- and, again, I can -- I'm counting. c see where we're at. Go ahead and call for the vote, and I'll be i t. CHAIRMAN LoCASTRO: I'll just ke a comment about -- I agree with you 100 percent on Greal he return of investment. My position from th' p here during that time when we voted was they were goi build it anyway, and so that was just my position. I didn' they needed a gift. And I think if they were going to bui ay, we would get all that return on investment without -- wit t having to give them 15 million to prime the pump. But we're no ere to debate Great Wolf Lodge, but I wanted to make that cla ation. You're 100 percent right. It's going to bring money int the mmunity and jobs and all that, but the reality is it brings that dless of, you know, giving them a gift to convince them here when they certainly were cited to have this low 11 in our lap. But having said that -- I just wanted to say 'Commissioner Kowal. No. We're not, but I just wanted to say that. Yeah, okay. End of discussion. Yeah, it's antient history. Commissioner Kowal. Page 50 June 27, 2023 COMMISSIONER KOWAL: Thank you, Chairman. Well, since I was -- CHAIRMAN LoCASTRO: But I did get the last word. COMMISSIONER KOWAL: You both pointed out there, I just -- yeah, I just want to compare apples and oranges here. Yo know, the sports park is one thing, but the thing with the spo is you have to recruit people to use that sports park. That's way it's designed. That's the way it's set up. We have to h management companies, you have people out there w' elers, bring people in to use it from all around the count g the sporting events for youth and stuff like that. a c iting thing to get the return on our investment. You know t e d saying, you build it, they will come. If you build an ellent golf course that is cheap for our residents to use, you qo ' o recruit them. COMMISSIONER SAUND hat's true. COMMISSIONER KOWAL. ey will come, and they will spend their time, they will spe t it money there, and they will enjoy it. And it's a total i ent investment, I think, on our money, you know. You pared apples and oranges. I don't think you can compare them. But for the was already under the assumption that 7 million was already s si for it, so I didn't think about that even being offset to t un ded things we talked about the other day because I felt -- I alr assumed that this was already a done deal. And now I'm f ut we're going to kind of rehash it. you know, I think -- I look at the investment on return, and it the 7 million, to me, would be a lot better, you know, than wha we've done in the past. That's all I'm trying to say, so... CHAIRMAN LoCASTRO: I also think -- I'm glad you read that letter from the Arthrex founder -- from Reinhold. He sent it to all of us -- because I think he reminded us that it's not just the Page 51 June 27, 2023 7 million we're spending, but by investing that money and committing it, it's making his efforts and those of his team and Cindy and everybody feel really secure that the direction they're going to raise -- they're going, which is raising even millions on top of that, is critical, that they believe a cohesive golf course as a neighbor is requirement. And I think -- and I agree with it, and so I think this is 2p0d return on our investment, because if we pledge the 7 mi i®n which has already been, you know, talked about and pledge - d maybe it's not set in stone or whatnot, or maybe it's about -- we also, then, guarantee that First Tee feels like they h li partner, they have somebodythat's committed to that foot �nd the are p � Y bringing us unbelievable not only dollars, t itrwas -- you know, Commissioner Saunders and I atten4e ing at Arthrex which had to do with First Tee and how i� ive it was and how complimentary they were of the c,nitment of the County and how aggressively they're working g in, you know, I don't want to say matching funds, but ' i of dollars to collectively put on that footprint to make it somet g we can all be proud of, and I would hate to see that be 'n jeopardy, and so would Reinhold, and that's why he sent us, you w, that note. And I don't think he needed to remind us of b t it was a good reminder. Com issi r Saunders. COM IONER SAUNDERS: Mr. Chairman, I will close with ' uple quick comments. And we're talking about i t. First Tee has raised north of $6 million. Their goal is to 10. They want to have a fund available to fund all of their operations. By the time they're finished, they're going to be putting a 6 or $7 million, $8 million building on this property. That will be the best First Tee anywhere in the country. So what we're building here is really something that all of us Page 52 June 27, 2023 will be proud of. It may be several years before we start breaking ground or cutting ribbons and seeing kids playing golf, but this is one of those legacy types of things that we're building here. And so I'm going to ask the Board for a positive vote. We have a motion on the floor. I'm not sure if it's been seconded. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER SAUNDERS: If not, I'd like for aond and call for the vote, Mr. Chairman. O CHAIRMAN LoCASTRO: Okay. I've got a on the floor. Do I have a second? COMMISSIONER HALL: Second. y. I ha e CHAIRMAN LoCASTRO: Oka motion and a y second. All in favor? COMMISSIONER HALL: Aye CHAIRMAN LoCASTRO: Ay COMMISSIONER KOWAL %rye. COMMISSIONER SA S: Aye. CHAIRMAN LoC Opposed? COMMISSIONERP DANIEL: Aye. CHAIRMAN LoCASTRO: It passes 4-1. County Ma er. Item #7 �r PUMENTSON GENERAL TOPICS NOT ON THE C TOR FUTURE AGENDA 'MS. PATTERSON: Commissioner, that brings us to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: We have two registered speakers, Page 53 June 27, 2023 Mr. Chairman. Your first speaker is George Abreau, and he will be followed by Jackie Keay. CHAIRMAN LoCASTRO: Okay. Good morning, sir. MR. ABREAU: Good morning, sir. George Abreau from the office of Commissioner Simpson, Florida Department of Agricu e and Consumer Services. I'm your regional director, boots o t grounds, anything that you -all need. I've been in Immokal working this area. COMMISSIONER McDANIEL: You're a lot be&, l king in person than you were when I spoke to you on the MR. ABREAU: I don't like Zoom. I' 1 efson person. COMMISSIONER McDANIEL: How a ou doing, my friend? MR. ABREAU: Great, sir. jh COMMISSIONER McDANI �, orgive me. MR. ABREAU: Congratula o on the veterans' affairs. It's something important to me. with (unintelligible) -- THE COURT REP I'm sorry. What? You're talking so fast I can't understand MR. ABREAU: �m sorry. That's my problem. I get nervous when I talk in p 'c. I work th - I volunteer also at the home center reserve base. Agin, preciate what you -all are doing with the veteran affairs. nted to personally introduce myself. I'm here to serve y e office. Anything you -all need, please let me know. I le ome cards with the gentleman. CHAIRMAN LoCASTRO: Okay. Thank you, sir. COMMISSIONER McDANIEL: I spoke with -- I spoke with Jorge last month or so ago, and it was -- it was over a Zoom. And if I'd a known you were coming, I'd a baked a cake today. Page 54 June 27, 2023 We actually set up an agenda item and had a presentation and everything. I truly appreciate everything the commissioner's doing for our community, the division of the state into the individual districts with the management process. The ag commissioner does an enormous amount for our community, and I really, really watNoe thank you for being here this morning. I didn't know you we coming, to be honest with you. tz� MR. ABREAU: Thank you. And, again, my off()based out of Homestead, but I cover 10 counties. My offic lso in my car. So wherever I need to be, I will be there. I 5:00 this morning just to enjoy the drive up here. So, in, a k you all, and I'm going to visit some constituents now. COMMISSIONER McDANIEL: seeing you in person. MR. MILLER: Mr. Chairmarn y 1 registered speaker for Item 7 is Jackie Keay. MS. KEAY: Hello again. I've had the benefit of leuently. Germany for 17 years. Not only that, I speak the languag And our family, we were a homeschool family. We slept, drank, we did everything that was related to history. And part of my ex-husband's hobby was he worked with an organization 1 ed History Flight, and they -- we dug out second world war la n -- planes as well as crews from the second world war. But t enefit of that was speaking to many community members and many eyewitnesses about the war, about Naziism, as well as the impact of war to them. And, you know, my -- I took my children to the Dachau Concentration Camp. It did not traumatize them. It made them even more outspoken about hate and racism. And my mother-in-law and her siblings were Hitler youth. So I Page 55 June 27, 2023 got a firsthand perspective of Naziism, who Hitler was, and how that impacted that country. The thing that concerns me most is, as I look at our country, especially the State of Florida and I see Nazi flags as well as Nazis who are indoctrinating other Americans along that line of the Na ideology, that is a really big concern for me. And I feel like wonderful thing about history is it teaches us lessons thatw411, supposed to learn from. And one of my favorite quotes, those who are i t of their history are doomed to repeat it. And my concern AV& look across our country, the Nazi ideology of hate, racis 'm ei g it here, and that really is a concern for me. One of the things that we have to ke 'n ind is Naziism destroyed Germany, and it caused Gee be conquered and divided up. So if we insist on go'o, n this path, we have to really think ahead to see what th equences will be and how it's going to impact our country a e as the world. It doesn't make sen t of all, hate doesn't make sense to me. If you really know you would know that I'm one of the most loving, vivacious, you know, energetic people you'll ever meet. So love is stron than hate. Yes, hate is a strong emotion, but love does and it c on er hate. So I ou ve to see a country in which we teach our children to love oth ople even if we disagree with them. Even if we may not g with them, there's no reason to hate, because hate is so dew e. So thank you all very much. CHAIRMAN LoCASTRO: Okay. Thank you. We are about to take a court reporter break. I just wanted to make one statement, but the young lady isn't here. Erin Dever is our local representative who represents Senator Scott, and I wish she was here in the back because I wanted to give her a shout -out because I think, you know, Page 56 June 27, 2023 recognition and giving credit where credit is due is important. You know, often we don't hear it enough. When people are working hard to make sure that our toilets flush and our lights turn on and all that, we sort of take it for granted. But I just wanted to say -- and hopefully she's maybe watch in her office downstairs. I had a major issue with a constitue was at the federal level that I thought was impossible to fix reached out to her, and I just wanted to tell her publicly her she's here or not, that on a Sunday night, not only di nswer me back instantly, but she and Senator Scott's office and basically moved a mountain for a constituent e Hier County that needed federal -level help that was well ab our pay grade, and within 24 hours that citizen got a result. And it was -- you know, the youn rin Dever who I was able to get ahold of instantaneousl mediately set wheels into motion to help, you know, one of onstituents that had a very significant problem that need o ection, and she did. So she was sitting b e for, you know, most of this meeting and I think mayb st walked out. But, Erin, if you're listening, can't thank yop enough, and the citizen that you helped is extremely grateful So I'll just leave it at that. Okay. 'll take a break. We'll come back at 10:45. (A br'ef r s was had from 10:31 a.m. to 10:45 12.m.) MS. RSON: Chair, you have a live mic. AN LoCASTRO: Okay. We'll get started. remind everybody to put your cell phones on silent. Now we oing to get into the meat of some discussions and appreciate it. Okay. County Manager. Item #9A Page 57 June 27, 2023 ORDINANCE 2023-34: AN ORDINANCE AMENDING THE TREE FARM MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO ADD 120 DWELLING UNITS FOR A TOTAL OF 580 DWELLING UNITS (INCLUDING 58 LOW-INCOME UNITS , SUBJECT TO AN AFFORDABLE HOUSING DENSITY BO AGREEMENT, ON 58.84± ACRES LOCATED AT THE NORTHWEST CORNER OF COLLIER BOULEVARD ANl IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 38, RANGE 26, COLLIER COUNTY, FLORIDA [PL20220004279] - MOTION TO APPROVE BY COMMISSIONER HALL; SF f"0�TDED BY COMMISSIONER MCDANIEL — ADOPTEI MS. PATTERSON: Commissioner , e'e starting with advertised public hearings, Item 91 9A tem requires that ex parte disclosure be provided by c on members, and all participants are required to be swo This is a recommendatioprove an ordinance amending the Tree Farm Mixed -Use Pla;80 6Wnit Development to add 120 dwelling units for a total 0 dwelling units, including 58 low-income units subject to an affordable housing density bonus agreement on 5 4plus-or-minus acres located at the northwest corner of Col 'e Boulevard and Immokalee Road in Section 22, Township 8, ge 26, Collier County, Florida. If all a ipants could stand to be sworn in, please. THE COURT REPORTER: Do you swear or affirm the test, ,% you will give will be the truth, the whole truth, and nothing bu truth? (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Commissioners ex parte. CHAIRMAN LoCASTRO: you have any disclosures for 9A? ff- Okay. Commissioner Kowal, do June 27, 2023 COMMISSIONER KOWAL: Yes, Chairman. I have meetings and emails for 9A. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I have meetings and correspondence and emails in reference, actually, to 9A and 9B. CHAIRMAN LoCASTRO: Okay. Commissioner Hal. COMMISSIONER HALL: Meetings, correspondenc , emails. s 0 CHAIRMAN LoCASTRO: Okay. Commissi '! cDaniel. COMMISSIONER McDANIEL: I have meotinand emails on 9A. Are we doing 9B as well or just -- CHAIRMAN LoCASTRO: Do you wan e to -- MS. PATTERSON: Just 9A. A CHAIRMAN LoCASTRO: Yee MS. PATTERSON: We'll akte COMMISSIONER McD meetings, correspondence, an MS. PATTERSON: the applicant. CHAIRMAN LoCAS RO: 0 K"next. Okay. And for 9A, I have Commissioners, we'll begin with Okay. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich Ai keharlf of the applicant. I have,.a loNpf people here with me today that can answer any questions I o answer. Wtion is really kind of a joint venture between Habitat for and White/Peterman. Lisa Lefkow and Mara Foley are m Habitat. Matt Chambers is here from White/Peterman. Chris Scott's the planner from Peninsula Engineering, and Dan Waters is the engineer from Peninsula Engineering, and Mr. Trebilcock is our transportation consultant. I'm going to do just an overview of the project, and then if you Page 59 June 27, 2023 have specific questions of the team, we're happy to answer them. As I said, this is a -- this is a joint venture between Habitat and White/Peterman. It affects this portion of the Tree Farm PUD which is a mixed -use PUD that allows both commercial and residential development. The intention is to build a market -rate apartment comple well as housing to be provided by Habitat for Humanity, an 1 show you that master plan in a moment. O The PUD was originally approved in 2007. As tioned, there's a commercial piece -- I don't see the pointe ; t e it is -- this is the commercial piece right here, this is a m amily piece right here, and then this is the intended additio al space for the development. We're increasing the already-appr 0 dwelling units to 580 dwelling units. We are not requesting, y changes to the already approved 580 p.m. peak -hour tw external trips as part of this project. So the previous PUed the impacts of 580 p.m. peak -hour two-way trips, and this amendment is honoring and living with that same traffic impact that was originally approved as part of this project. With th er ere improvements that were -- there was some right-of-w a the eastern portion of the project and the southern portion of oject that was provided to the County, some of which we didget any impact fee credits, so it was a donation. In Ndition, there was an agreement related to the intersection of Co _ Boulevard and Immokalee Road for intersection improvements, and we paid our fair share of those intersection improvements based upon the 580 p.m. peak -hour trips. So this project has, I think, taken care of the impacts of the 580 p.m. peak -hour trips as part of the prior approvals. June 27, 2023 We are asking for two deviations. One relates to signs, and the other deviation relates to how we're going to provide the affordable units, which I'll point out. Typically, you intermix the affordable units within the specific building, but since we have two different product types, one is a for sale and one is a rental, we are asking I a deviation to be able to provide the for -sale project separate fr market -rate apartment complex. -r& The conceptual layout is -- I keep losing the cursor These are the market -rate apartments right here, and these are 'dto be the two-story affordable housing units around the peri So we go from, you know, lower to higher as you get cl r h extension of Collier Boulevard. Our access is -- we have access here d access up here for both projects. And we have committed 10 or our obviously site -related improvements along t @ sion of Collier Boulevard, which we're required to do and ob ed to do. We worked with our nei o to the west, Esplanade Golf and Country Club, to address s they had with regard to buffers and what they would see in our project. I believe they're here to speak in regard to the enhanced buffers, and I believe they -- and they spoke in favor o e project at the Planning Commission, and I anticipate the ill eak in favor of the project here. So w ha nhanced buffers along our western boundary to address co s that were raised by Esplanade, and we provided them i htlines to show them that essentially there's really no i their view from -- due to the enhanced buffers that we're pr o ing. I already mentioned the deviation regarding the affordable housing, and that's to allow for the for -sale product to be around the perimeter and then the market -rate apartments to be separate from each other. Page 61 June 27, 2023 And then, finally, we have a deviation regarding the sign for the project, which would be in this location right here. Your staff was recommending approval, or is recommending approval. The Planning Commission is recommending approval. And this is one of the very few projects where you've seen that fie come through with the actual existing affordable housing den i bonus program that's in your Land Development Code and natrix that currently exists for that. As your staff pointed out lonatrix does work for projects like this where you basically not -for -profit organization providing the affordabl ing aspect. So this is -- this is a market -rate afforda o n project with a significant portion of affordable housing uni And with that, we'll open it up to an es ions you have regarding the specifics of the project, s all. COMMISSIONER SAUND r. Chairman. CHAIRMAN LoCASTRO:Yutely, Commissioner Saunders. COMMISSIONERe*n!t S: Just one quick question. You said it, I'm sure, bur it. The number of affordable units? MR. YOV OVICH: I forgot the number. UNIDE 'hD FI NSPEAKER: Fifty-eight. MR. YO OVICH: Sixty-eight. COMMISSIONER SAUNDERS: Fifty-six. OVANOVICH: Sixty-eight -- fifty-eight. Fifty-eight, s MMIS SIONER SAUNDERS: Somewhere between 58 and 68? MR. YOVANOVICH: Fifty-eight. Sorry. I don't want to misspeak. I've done that one other time. So it's 58. COMMISSIONER SAUNDERS: Fifty-eight units. And that's Page 62 June 27, 2023 out of the 120? MR. YOVANOVICH: Correct. COMMISSIONER SAUNDERS: Okay. Thank you. CHAIRMAN LoCASTRO: You know, we all got a lot of emails on this project for and against, you know. And the ones it were for were all very much similar, supporting Habitat for ty and all the things that are sort of -- you might think are sort no-brainers; they definitely are to me. O The ones against -- because, I mean, I won't clai now every single nuance and moving part of this proje 'm really listening with a keen ear. But the ones that inst were all a very similar topic, and it was -- and I'm sure e y ody saw those, so chime in if I'm missing something. But it brought up, you know, traf h you've addressed, and some other things. You knovd� I' aid here before, I don't think any construction project has ever to this room that didn't have opposition, you know, and so es the opposition is just, don't build it, you know. We' rowded as it is. You know, stop ruining our county, and it not really a great defense, you know. But it doesn't all on deaf ears of any of us when citizens have concerns about Nansis? or they -- they're asking questions on did we do proper tra Has the County done everything across the Board o a er, you know, those concerns? And s imes citizens think none of that's been done, and then in this 14p, usually it's Mr. Bosi who we call to the podium, and t e says, well, nothing could be further from the truth. You kn e've done everything. And it still not might not be favorable to citizens who just don't want anything built. But the reality is the things that needed to be done to make sure it would fit on a piece of property owned by a landowner actually have been done. So I guess the question I would ask -- and I like hearing it from Page 63 June 27, 2023 Mr. Bosi because I look at him as, you know, he's on our county staff, he's an unbiased, you know, person. So I know if I ask the applicant -- and I'm not saying you would steer the thing. But, Mr. Bosi, would you mind just taking the podium and 'ust giving us a little bit of -- and I'm sure you saw a lot those emails well, but if you could, you know, clarify for the record some details that were in there where citizens, you know, brough and concerns they felt had a lot of merit -- but at least in the �sis I had and from our conversations that I had with you -- but e record, there were quite a few details in there that people creaming from the mountaintops that actually didn't see o d water, and maybe just because they weren't informed of t tire process that has happened on this, you know, parcel o nd and on this project. So what can you tell us in rebulta s, or in clarification of those who sent us a lot of emails pport of what we are -- what is being proposed? MR. BOSI: Sure, Chair e Bosi, Planning and Zoning Director. First, let me say that h one of the divisions and departments that review entitle ent�ohave signed off, specifically Stormwater and Transportation. the applicant has indicated, the PUD had an existing 580 . . p -hour trip cap limitation. Those are not -- that is not bein r sed to be increased, so that really does -- they're adding use y're adding 120 additional residential uses, but they' king for additional traffic. I think that has a real si bearing in terms of what the ask is. t, more importantly, what the ask is going to give is those 58 units that Mr. Yovanovich identified. Those 58 units are at 80 percent of AMI or below. So it's a significant yield in terms of providing for attainable housing that we know is in desperate need within this county but, more particularly, the location. June 27, 2023 One of the things that I always fall back upon is what does our Future Land Use Map say for this particular project? What does our Future Land Use Element say about this project? Well, the location of this project is an activity center. That's where we allow the highest density of residential use. That's w e we allow the highest density of commercial use, and someti �r activity centers we also allow some light industrial. So it's ere you would expect the highest intensity. O So this type of a project is what anyone who pur d within that area could have and should have expected to in this general vicinity. Another thing that we do recognize, that t er was a number of economic opportunities that are in close p imity to this project. When you add 58 attainable workfoic g units to that -- to that location, what we do, and whZl! e'1 ys trying to do by our Growth Management Plan, is Sing to reduce trip lengths. We always say, as you g ou're going to have more traffic because you have more hat's -- that's just -- that's a constant. But what you c do when you have congestion is you bring the goods an services, you bring the economic opportunities closer in proximify to where people live. So when you're spending three -- whe 're spending 10 minutes because you only have to go two mi s t t your goods and services or two miles to get to your job, it uch different experience than if you're traveling 10 to 15 iles or minutes to be able to reach your destination. phis is part of this overall strategy of what we're trying to do is housing opportunities, job employment opportunities, and goo s and service opportunities in much closer proximity. And staff s perspective is we feel that we've done this, and the applicant is doing that with this proposal. Like we said, we are supporting the two deviations that are being suggested related to -- related to the June 27, 2023 PUD. And any other questions that maybe I -- that I didn't address that I could answer for you? CHAIRMAN LoCASTRO: I've got commissioners lit up here. Commissioner Saunders and then Commissioner McDaniel. COMMISSIONER SAUNDERS: Thank you, Mr. Chairm I do have a couple questions for Mr. Bosi. �+ As you said, Mr. Chairman, we received a lot of corre c ence in opposition to this. Most of the folks that are in oppo i 'o to this live in The Quarry community. And I've spent a lot e with those folks, and their concern is traffic. That is p the number -one issue for them as well as for othe e ents along Immokalee Road. So a couple questions in reference to is particular parcel. We're adding 120 dwelling units, ar�d and the dialogue about the 58, the benefit of those afford, sing units. I want to talk about what could go there if we o this, because a lot of folks don't really fully understand s f the alternatives. This is a fairly limited project, but what if we turn this down, as an example, what could go there? We have the Live Joocal Act, and that's Senator Passidomo's act. It's a great piece legislation. And my understanding is that this 18.7 acres is en y zoned commercial or some mixed -use. And so my que tion I believe that this developer could apply directly to staff under ive Local Act and develop a whole lot more units with percent of them being -- having to be affordable in order to h more market rate. n you elaborate on that? Because I want people in the -- that are opposed to this to understand, yeah, we're going to create some traffic here, maybe less than what would have been under the original proposals, but much less than what could occur if we say no to a developer and they look to other legislation that's pending now. 1 •• June 27, 2023 MR. BOSI: Yeah. Commissioner Saunders, you're correct. This is a mixed -use PUD. The back two-thirds are residential where they're proposing is designated for residential, but that front 18.6 acres is mixed -use commercial. If they chose to, they could come and submit an application and request 91.77 units per acre. That's the highest residential density that we allow within the , and that's what the statute says that they are entitled to. T e also entitled to the highest allowed height within one mile of e roject that the -- we believe that the -- that height is somew round four to five stories. So what they could do is a much more in s o.ect within the commercially designated, mixed -use designate a ea of the PUD without a public hearing, just straight hav' to satisfy the Site Development Plan process as an altj that was their individual choice. So what -- and one thing th t want to point out, I think the applicant pointed out, this is o o hose few programs where -- or few projects where they ally utilizing our existing affordable housing density bonus pro m. Most of the time, they -- the choice from the private development side has been to seek a Growth Management P1 mendment to raise the density. What they're utilizing is th e ist g affordable housing density bonus program to provide fo it. So the orking within the lines that we've -- that we've long established or how to raise density. But, yes, if they chose to on that 18.6 acres on the frontage, they could seek a much higher density froll ,ge than what we're providing for. COMMISSIONER SAUNDERS: Now, could they still do that under the -- under of the Live Local Act? That's really a question, I guess, for Mr. Yovanovich, in terms of that 18-acre parcel. MR. YOVANOVICH: Yeah. I did have the opportunity to Page 67 June 27, 2023 speak to the author of the Live Local Act. And I asked the question, if I'm in a mixed -use PUD, can I take advantage of Live Local even on the portions that are designated residential because it's within a mixed -use PUD? And the answer I got back is yes. So we could, on just the yellow piece, come in with a Site Development Plan at the 91 point whatever number that was -- actually, it won't fit, but at a much higher density tha*hat we're requesting to put on that site and probably -- probamy Nigher than we're requesting, and it would be an administrative approval. We wouldn't have to do the enhanced buffers. W Id blow past the trip cap that's already existing in the PUD - n er the Live Local Act, we could do that. COMMISSIONER SAUNDERS: rig t. I appreciate it, because I just wanted the folks in Tte o understand that if this fails, then there are other alte N that could be much more attractive to a developer but much e attractive to the overall community. Thank you. CHAIRMAN LoCA O: Commissioner McDaniel. COMMISSIONEI�McDANIEL: As is usually the case, I may be asking the sad question but just a different way. Commissioner Saunders say'n�a lot more eloquently than I do. g q Y For c ri 1 ion purposes, we're not asking for a trip increase on the already ent cap, but we are asking for an extra 120 units. How t equate to not more trips? NWYOVANOVICH: Well, since we're adding that use, we are*Viously going to take -- not build as much of the other authorized uses within the PUD. COMMISSIONER McDANIEL: That were already included in the original PUD? MR. YOVANOVICH: Analysis, yes. 1 •i June 27, 2023 COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: Okay. I don't see any other questions up here just yet. COMMISSIONER HALL: We need a motion. CHAIRMAN LoCASTRO: Okay. Do we have a motionz*,,,, approve? �+ COMMISSIONER HALL: So moved. 'V CHAIRMAN LoCASTRO: Okay. I've got a mo .010 approve. Do I have a second? MS. PATTERSON: Troy? MR. MILLER: Mr. Chair, sorry for the o ti e today. CHAIRMAN LoCASTRO: Do we have a lic comments? MR. MILLER: I do have a register s Baker on this item. CHAIRMAN LoCASTRO: Go 0 ir. MR. MILLER: Kathleen SfArl*. 6, MS. SHARPE: Good mornii�&. I'm Kathleen Sharpe, and I am a board director at Esplanade abuts -- as you've seen in the photo exhibits today, we t e north and west side of this proj ect. We reached o t to..*tar"t a dialogue with Habitat last fall to find out what their p were for this project, and we also partnered with The Quarry, e wi White/Peterman as well to work through our concerns. Th ere very open to listening to our concerns regarding . y, buffer, traffic. We actually also had a meeting with &ioner Saunders and his staff in March to work through ozomverns. Ve developers have brought forth a plan that does meet our concerns regarding the buffers and improvements, and at this time we do support the project. Thank you. COMMISSIONER HALL: Thank you. June 27, 2023 CHAIRMAN LoCASTRO: Okay. Thank you. So am I correct that we had a motion and second? COMMISSIONER HALL: Motion stands, yeah. CHAIRMAN LoCASTRO: Troy, nothing else? MR. MILLER: Nothing. CHAIRMAN LoCASTRO: Okay. second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: I've of a motion a g �+ O Aye. AN CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Oppos (No response.) CHAIRMAN LoCASTRO: s unanimously. MR. YOVANOVICH: CHAIRMAN LoCASTR,&Nhank you. Item #9B ORDINANCE 2023-35: DENY AN ORDINANCE REZONING PROPERTY RONNCOMMERCIAL INTERMEDIATE DISTRICT (C-3) TO EAN Y COMMERCIAL DISTRICT (C-5), SUBJECT TO CONDITI , FOR A SELF -STORAGE FACILITY AND GENE OMMERCIAL DISTRICT (C-4) USES ON +/-5.98 A )VOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL E (US 41) JUST EAST OF COLLIER BOULEVARD (CR 951), ONNOON OTS 2 AND 3 OF INLAND VILLAGE SUBDIVISION, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA (RZ-PL20210002658) - MOTION Page 70 June 27, 2023 TO APPROVE WITH CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL — ADOPTED MS. PATTERSON: 9B. This item requires ex parte disclosure be provided by the commission members, and all participants are required to be sworn in. This is a recommendation to deny an ordinance rezoni4 property from commercial intermediate district C-3, to hefwy commercial district C-5, subject to conditions for a s ,orage facility and general commercial district C-4 uses o -or-minus 5.98 acres located on the south side of Tamia ' 'East just east of Collier Boulevard on Lots 2 and 3 of Inland V a e ubdivision in Section 3, Township 51 South, Range 26 st, in Collier County, Florida. Let's have everyone stand to THE COURT REPORTER: �J) you swear or affirm the testimony you will give will tFru th, the whole truth, and nothing but the truth? (The speakers were sworn and indicated in the affirmative.) MS. PATTERSOl*0. hair, ex parte. CHAIRM Adi CASTRO: Start with Commissioner Kowal. Do you havelosures for 913? COISWNER KOWAL: Yes, I do have ex parte. It's meetin s, A"UWAN LoCASTRO: Okay. Commissioner Saunders. --�OMMISSIONER SAUNDERS: The same. meetings and emails. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I have a meeting on 9B. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Just meetings and calls. Page 71 June 27, 2023 CHAIRMAN LoCASTRO: Okay. And I had meetings and emails for 9B. Okay. Proceed. MR. MULHERE: Thank you. For the record, Bob Mulhere, here on behalf of the applicant. N With me I also have Ellen Summers from my office, wh ' certified planner. Felix Pardo is an architect, excuse me, r' over there and --working on the project as well. Jim Banks ur transportation plan, but it's -- Jim is not able to atten it's a very low traffic generator, so I thought we'd be okay w* t. Chris Mitchell is the civil engineer on the project. So this shows the subject location. It is j st east of Collier Boulevard on the north side of Tamiami il. Directly north of us is the Falling Waters Beach Resort des' community. We're sitting on basically a six -lane -- a ore than six -lanes with the turn lanes there, a major intersects Across the street is commercial. Across Collier ard, it's commercial. Diagonally, across Tami , is commercial. All fairly large commercial mixed -use ac 'ty center projects. The request is to r9rone from C-3 to C-5 with allowing for the storage facility and then other -- the full range of C-4 uses. This is t ut e Land Use Element. It shows the general location of the perty. The activity center is not actually any longer shad the square red box that's shown there, but this subj rty is still within the activity center. And this is the z s you can see, immediately adjacent to our east is C-5 zo 'n , and then the -- there's a CVS on the corner on the northwest -- northeast corner of Collier and U.S. 41. This is the subject lot designed. The storage facility is right here. There is another storage facility. All of this property is under the same ownership and has been for more than a decade. It was Page 72 June 27, 2023 platted, and there's been a Site Development Plan approved here for this existing self -storage facility. I wanted to point out a couple of things. There is a preserve here which creates an excellent separation between us and our neighbors to the north as well as a 92-foot-wide stormwater drat e easement, which forces the development on these lots to a rel t4 limited area and fairly narrow. There is a right -in, right-o ly here. It's a divided highway. And so this project has v 0imited access, right -in, right -out. There is a frontage road r* ere that's already developed with parking here. Buffers are ce. And this shows interconnection to the C c would presumably allow us to move north on Collier o levard. Unfortunately, that interconnection does exist because CVS, after years of negotiations, the exorbitant a money that they want for that doesn't make any sense w t31�e r. This is an architectural rende showing both the existing site over here and the proposed sit . ey're architecturally compatible and united in the design, access point. As I mentioned, the erty's in Mixed -Use Activity Center No. 18, which allo s fV the full range of commercial uses. I pretty muk I went over the site plan already. I'll just make a point here th t e c 6sest point of the proposed development to Falling W ters bout 180 feet. There is an existing 6-foot-high wall along orthern property line with landscaping on both sides. Whe t self -storage unit was built, my client and myself, we aI ' h Falling Waters. We made some significant co tments to them. Those commitments carry over to this -- also to this proposed self -storage facility, which includes things like no lighting on the back side, no windows on the back side. We redid the -- there's a 6-foot-high wall on the back, which needed repair; we took care of that. There's landscaping on both sides of that wall. Page 73 June 27, 2023 These are just some of the other commitments we've made. The parking lot lighting shall be Dark Sky compliant. No more than one fast food through restaurant establishment is allowed. There is that second lot immediately to the west of the proposed self -storage, which my clients also own, which will not have self -storage an y be used for anything that's allowed in C-4, including -- with t exception of some prohibited uses, and I'll get to that in just'4a inute. I think you know this is a very low traffic generato,� �e've made a number of other commitments that are consistent ith the proposed East Naples Community Plan. There's king in the back. Our height is relatively low, a maximum eet zoned and 38 feet actual. Very low traffic generato ou know, self -storage is a very low traffic generator. 11011 So I just wanted to talk a littl a ut the East Naples Community Development Plan. was accepted by the Board in October of 2020. We had a lication meeting. I say "accepted." The next st at plan is either a combination of a Comprehensive Plan ame ent to establish the overlay and a Land Development Code am�ndment, or I suppose, arguably, it could come forward with juo Land Development Code amendment. In any c that has not been heard by the Planning Commissi no and by the Board. It's still being put together by staff and w kg its way through the process. as discussion at one point in September of '22 about a n,Qr , but that was not carried forward. d this use is not prohibited in the East Naples Community Plan. There are a number of discouraged uses that are identified, and these are now otherwise restricted in terms of location and other elements of a plan. So this application is not subject to those limitations on Page 74 June 27, 2023 self -storage because it hasn't even gotten to the Planning Commission or the Board yet. We submitted the SDP for this self -storage building in December of 2022, and that's presumably ready to be approved once -- if this application is approved. I did want to point out, however, that there are some elemen that -- wherein we have tried to comply with the recommend i� of the East Naples Community Plan. One of those applications to self -storage is that at 1 t 30 percent of the gross area has to be occupied by an ative use within the same building or, alternatively, on the s' not within the same building, provided the non -storage u is front -- in the front part of the site and screens the view of th st rage. Well, as I pointed out, it is really not ssi le for us to locate a building in front of this building. Thi i narrow, again, with limited access; however, we do h i, arcel right over here, Lot 3, which could be used for alterna v ses and will be because we won't be putting self -storage o There -- as I said, t existing buffer which was already platted. It's 20 feet deep about half of the property. It's reduced to 10 feet, and that wasiftecause the County took right-of-way when they widened th when they improved the intersection here, so they'd actuall t ok he 10 foot of the landscape buffer. We're not 'ng metal roll -up doors. The building will be entirely accessed internally. So these are other conditions in the propcv t Naples Community Plan. We're not having any 02tftNV orage of any kind. Obviously, there are -- there is a se rage located closer than 1,320 feet. There's actually one immediately adjacent to the east which was constructed by the same owner. So, I mean, I want to point out that the site is extremely limited for the kind of development that is envisioned in the East Naples Page 75 June 27, 2023 Community Plan. A site plan and the plat included a preserve at a stormwater management area, which, again, limited development options there. And this just shows you the constraints on the two parcels there. I just wanted to point out, this is the mixed -use activity cent The subject lot is right here. And you can see that this whol t here is pretty narrow. There is a tractor supply store, a she deputy substation, there's an existing self -storage, the pr d self -storage then of course, the vacant lot and the CV But if you look at the other components in th d-Use Activity Center 18 here, you can see that the ci 1 in Lely PUD is very large. Same thing on the southw st quadrant, which has the home -- Lowe's and some other i ovements in it right here. Some -- quite a mix of commercial lie e same over here. These are obviously much larger,, eper, and those mixed -use or commercial projects can accom ate the concepts and desires of the East Naples Community P ain, which haven't even made it through the Planning Co i n or the Board. But it's very difficult to do that over he with the limited access. Just another raph * o that. We did hav neighborhood information meeting. We had the president of t OA for Falling Waters there. His quote is on the screen. e'v et with them several times. They supported this one. The ort this one as well. He also spoke at the Planning Com . LoCASTRO: Can you go back. I wanted to just --'okay. MR. MULHERE: And the Planning Commission voted to support this request. I just want to talk very briefly a little bit about the staff recommendation, which I was a little bit surprised. It seemed a little Page 76 June 27, 2023 extreme to me given that the East Naples Community Plan hasn't even -- we don't know what's going to get approved at this point. My clients, we've been in this process for a long time. I realize it's a rezone, but this is also a mixed -use commercial activity center. However, in the Planning Commission staff report, under t zoning review, the staff reads as follows: The land -use patte W e local area contains a mix of multifamily, residential, and co ercial uses. The current zoning of C-3 is consistent with the (Dished zoning pattern for the area. The proposed rezone to allow for a self -storage facility is consistent with the zonin se of the property to the east. The property is located within an activity1l�er�ter as well as a p p Y regional center subdistrict of the pending JAS. 41 East Corridor Zoning Overlay, which is envisioned t mpact urban mixed -use node that is walkable a I it friendly. Well, I think I've pointed out to you that you'r o oing to see those kinds of elements in this very limited , very narrow, already almost completely built comme p. There are other opportunities along the U.S. 41 for thos occur. It goes on to say it is notable that the representatives who attended the NI om the adjacent Fallings Waters neighborhood indicated the 1 o activity generated by the proposed storage facility is efe d if properly screened and buffered and, you know, that the ap t has agreed to a number of limitations and cond' o the self -storage and for other uses on the property, i a prohibition of gas stations and convenience stores with ga ps. So we have tried to be consistent with the proposed East Naples civic community plan as much as we possibly can. That concludes my presentation. I do have Felix here if there are any specific questions about the architectural design. Happy to answer any questions that you may have. Page 77 June 27, 2023 CHAIRMAN LoCASTRO: Mr. Miller, do we have any public speakers? MR. MILLER: Yes, sir. I have one registered speaker, Gordon Brumwell. CHAIRMAN LoCASTRO: Thank you. Good morning, sir. DR. BRUMWELL: Hi. Thanks for hearing me. Dr. rdon Brumwell, Ph.D. in biology, here. O The East Naples Community Development Planew h the Board signed off on, shows the community consid -Stor-It places undesirable. The 41 East Zoning Overlay al h s e community does not want more U-Stor-It places, especiall yo prime real estate like this corner. So while the overlay is not yet pa is true, there's a strong signal, a very strong signal from tl� & unity, that it doesn't want more U-Stor-It places in very visi,�e�laces. So please don't rezone for an undesirable use. We've just heard thatm&c7vky centers are more dense, multiuse, and result in a shift, a nudge, to local trips, making everything easier on the road. The cornerAn activity center. A U-Stor-It place is not in sync with tha in tents So please don't rezone for that purpose, but if you do re ne, ase stipulate it must be for a desirable purpose. Or if you do a a U-Stor-It place here, please stipulate that it meets the o r intent of landscaping that is functional and aesthetically re 's t of the lush Florida we're losing. Particularly, I'd suggest sh the impermeable surfaces from both rain and sun with native sha e trees. This would provide the co -benefits of reducing urban heat island effect and reducing flooding, which we have too much of. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. June 27, 2023 MR. MILLER: That was your only speaker on this item, sir. CHAIRMAN LoCASTRO: Mr. Mulhere, do you have any other speakers? Is there anybody here from Falling Waters or anything else? MR. MULHERE: He has his wife at the doctor's office an was unable to make it. I do want to -- thank you for asking, I do want to pull up -- if I can just -- I have the letter that h t in for the Planning Commission, which was in May. So you can see the letter right here which reads,ARI addressed the County at our NIM meeting at the b ing of this approval process, I stated that we moved to F a ers for the peace and quiet, for less people and traffic in t re Traffic at the corner of the intersection is very bad. W ou d not want any additional traffic in that area. The Stor-All owners have bee, neighbors to us throughout the process and very helpful to o ghborhood. It's important to us that a clean tenant use the y. We have a bear problem, important not to create ay ly garbage. Because we are -- we abut the commercial property to our south, there is no other residential propert that is more affected than we are, which I pointed out in my prese on. This is the only residential adjacent development Deve e ave kept all of their promises. They've been great neighbors. please approve the project as presented. I'm going to b ank's last name, but Frank M. Ferraiuolo. MISSIONER McDANIEL: Frank F. AIRMAN LoCASTRO: So before I ask my list of questions, can you do a little bit of a deeper dive on what type of landscaping you are proposing? And like you said, there's a big buffer in the back that you automatically get to enjoy because of that, you know, environmentally extensive property. Page 79 June 27, 2023 MR. MULHERE: Yes. CHAIRMAN LoCASTRO: But once this companion property goes up next to the storage unit that already exists on the adjacent land by the same owner, what's the -- what's the landscape and -- what's the landscape plan for the new building if we appro d it? MR. MULHERE: So there's obviously one point I wa�o make, Commissioners, the very few parking spaces that a(Dequired compared to other uses here. So when we talk about a sea of asphalt and heat and those kind of things, this use, by its vture, requires less asphalt. 7' I do want to point out, if you look on this x ibit, that there's a right -in, right -out that exists, and this fro e road here exists, which is good, because people can move tyro project to the east to the other projects without having ck out onto the trail. There is a landscape buffer that already i It's 20 feet wide right here and is planted and is mature. n The staff will look at thA we go -- if this was to be approved, the staff will look at that as we go through the SDP process, and if we have to supplement that with any trees, we will do that as part of the SDP process. The sa t in ere. The buffer is reduced to 10 feet because of acquisi 'on ight-of-way for the intersection improvements. So the pro ert ner lost land for the intersection improvements, Com er. And I don't think it would make any sense to jut t - - access road back. It's just going to create problems. It's a s ' ht access road the way it is today. So, I mean, I think the landscaping's in place, but if we have to supplement it, I'm sure staff will look at that as we go through the SDP process. CHAIRMAN LoCASTRO: The current storage unit that's June 27, 2023 already in place that this would be a companion to -- when was that built? Remind me when that was built. MR. MULHERE: 2020? ' 19? It was approved in ' 19. Probably construction in 2020. Sold out within four or five months. One month. One month. CHAIRMAN LoCASTRO: And the height of the curre buildingis what? And the height of this proposed buildin s� at? g p p g MR. MULHERE: They're both 35 feet. CHAIRMAN LoCASTRO: Thirty-five feet? MR. MULHERE: Yes. CHAIRMAN LoCASTRO: Okay. No r bably been more negative about storage units up on this p e than me, but I put in my newsletter that I released last week le clarifications. I'm not against storage units. I'm more.fo e the location. And so I was very clear about that in my vdl er last week saying that, you know, they sell out quick for son, but, you know, putting them haphazardly just sort of ' s that could have benefited from something maybe more ally pleasing or more needed, you know, up and down U.S. just my personal opinion, you know, that train already left the station. One of the �hings that I am a supporter of -- and I've spent a lot of time with VrBosi talking about mixed -use activity centers -- is concentrating e more industrial commercial things on a footprint so that it's a on'C-stop shop. People can go visit Publix, they can go visit all, but, you know, there are some storage units, as you s e up and down U.S. 41, that aren't really in the heart of an ac i center. Somebody found a nice piece of property. Storage units are cash cows. And, you know, years ago it wasn't illegal, immoral, or unethical. We had zoning in place that allowed for these units to be built, and they went up very quickly in District 1 and in areas that I think didn't add to the -- to the aesthetics or the positive June 27, 2023 use of that area. I've said before, when you build a storage unit on the corner of something that's not a commercial activity center and it's just, you know, across from a gated community or what have you, on the opposite corner, you don't get an Ocean Prime restaurant. You a Wawa or a RaceTrac gas station. And so you've effectively that intersection when maybe it could have benefited from et ing that was more balanced for the community. 0 Even though I led some discussion here about taking a pregnant pause or, you know -- you know, I hated the word "moratorium," but, yeah, back in September I s ating that idea just because I felt like we needed to sort of cat ur breath. And to the speaker's point -- and I a ciate you coming to the podium, sir. But to my disappointnple ast Naples overlay, which is still in play, nothing was Ad. All's we approved back last year was to move forward on tto -- on further analysis. And even though the current draft have some things in it that are very negative against sto s, that may not pass with this group, you know. And so, you w, right now it's just in draft form. I mean, I've said before, had that aggressively been pushed by the County 10 ye4 ago, we could have a document that we could throw up rig n w and say, approved or disapproved, because it meets or dQQ�esn eet. And 00ftissioner Saunders has that advantage in Golden Gate beca as a Golden Gate Master Plan which is sort of like very si what we're trying to do in East Naples. We're just doing it ab t 0 or 15 years too late. So even if that document comes out and it says all the things that can't be done in East Naples, they're already done. So we won't tear down all the things that don't meet the East Naples, you know, overlay, you know, development plan. So I probably -- I don't say "probably." I don't love this, okay? June 27, 2023 But I also tried to be more fair, more maybe strategic and say, I also think it's irresponsible to just say, I'm going to vote against every storage unit that ever comes up here. It's really about, like, where it is. So let me ask you this: When this was -- this owner has o d both lots from -- like you said, more than 10 years. When he It the first storage unit in 2019, my understanding is the plan even presented to the County, was always that he was going t u Id a matching companion unit right next to it, correct? MR. MULHERE: That was always the inte We weren't smart enough at the time to go through this o a now we're going through it twice. And I imagine it prob 1 had to do with, you know, what will the market conditio e after we finish this first building. But, yes, that was always,- t CHAIRMAN LoCASTRO. i So the reason I hate this one a lot less than so many other ave already been built -- and even some others that sort of o me where somebody was testing the waters and I g strong negative support, and some of them sort of died on th e, you know, they wanted to sort of float the idea -- hi onVs in an area that is a commercial activity center, so that's us compared to others that aren't that we can't unbuild. It i ka�i(o panion project to a project that was approved long ago, dow that this was always the plan, and even the citizens kn , and that's why they're in support of it. t Naples development overlay, even though we don't h nal version, and who knows what's going to be, you know, lin m vetoed out of that, because I think there's some things in there that I'm going to be really excited about for East Naples, but in the end, it takes the commissioners up here, and there's, you know, several of my colleagues here that are going to feel differently than I do about land -use rights and whatnot. 1 June 27, 2023 The one thing that I'm encouraged about that you've done here that other developers that have come to me haven't done is even though that East Naples overlay isn't approved, you are attacking this companion project like it has been approved. And, you know, I met with Mr. Bosi, and in many cases you've met or exceeded what I'm hoping is in the overlay, and you're taking a position, assumi it's approved. And so I hate this less because you're meeting the Q rds of what I hope is going to be in this long -overdue East , you know, overlay. But instead of trying to sort of s this under the door with the minimum things required, I'm, l' d, less upset that you -all have leaned far forward and said, a ow, we're trying to bring this to the standard of what migh in the East Naples overlay. And if it isn't, then, you kPo e still exceeded the standard. So, you know, just to be clea not sitting here rubber-stamping storage units hate this one a lot less than some others that have been bu* rict 1 and some others that even might be coming forward. ut, you know, in this one, to be, you know, fair -- and also, t9►o, look at this and go, it's in the middle of a -- of an activitr1l nter, and by allowing it to be built there, we're saving a piec o pr erty maybe in a -- in another location where a storage un' isn he best thing. And so I look at it as it's a little bit of sort of t adeoff. n, like I said, this is a companion project to something thafl% dy been built. This landowner has owned the land for 10 years. It's not a big surprise. All this was discussed, you know, well before my time. And I know the people that live in that community. I heard the same results from the NIM. You know, I did get some negative -- not overly negative, but some folks that sort of made June 27, 2023 blanket statements and just said, we know you hate storage units, so make sure you don't approve this one. And it's really not about the storage units. It's the location of where it is, and this one's in the heart of, as you showed on the map, where I wish more storage units were. N If I was king for a day and could move some out of some iNs that are, you know, in more -- in locations that would be mcO advantageous for higher level shopping, better restaura a d all of that, you know, we sort of have used up some primer tate in some areas that aren't, you know, the industrial ce here we could have had some other things. But I think you have -- I mean, we spent o o time on this one because, you know, you knew I had a lot concerns about any storage units just in general. But yQu is is one where I think the location is less bad, if I could spay h It's not overly tall, and like you said, it's a matching com n. n project that was already, you know, discussed back in 2019 t ' st -- you know, your client, I guess, you know, did -- n7stire when they were going to build sort of this second buildin Knowing that the community, you know, attended the NIM -- and I go of of feedback from that community as well saying, hey, o you're not a big fan of storage units, but we think this one i little bit unique that it's in a commercial activity center, it's alrey surrounded by some things, it's a companion proj oMething that's already built. , ou know, I want to be realistic here. I'm not banging on to s you know, putting blinders on and saying, I'm going to vote no on every single thing has the word "storage unit" on it, but there's some places where I think storage units, car washes, things like that, don't fit optimally, and in this particular case, I don't think this is one that I'm, like, outraged over. June 27, 2023 So this is my district. Maybe -- you know, I've got a few people, you know, lighting up here, but, you know, I've taken -- I've spent a lot of time looking at this one, a lot of time talking to constituents, and, you know, the lesser of all evils is I wish more of our storage units were concentrated in areas like this and built li this. It doesn't mean I love them, but, you know, having sai tj also have to sit here and think, is there anything illegal, im 1, or unethical, you know, with this project. O And, you know, I'm not someone that just votes cause, you know, 100 people showed up in red shirts. And i case, the people that live close by this area, you know, -- e OA president spoke for itself. To the gentleman's comments in the k, 7 agree with you wholeheartedly. So the conversation ut landscape and things like that, you know, Mr. B ' �'�, 't know if your position is we've got to solidify something a 1 t ore robust and detailed or if this was approved you would - could continue to have a discussion, and if you th �"e were sort of skimping on robust, lush, you know, professio landscape that is conducive and complementary to what already in that area, would we have the last -- you know ould that be something that could continue after this, or do we ve sit here and specifically put something more detailed b ore vote and when it comes to landscape? Becau e gentleman brought up a good point, and that is a conc me. Even though I don't think the building and the to 'Ns a gigantic showstopper, I want to make sure that, you kn e're not sort of skimping on the aesthetics of this second, you know, companion storage unit. So, you know, what are your thoughts? Do we need to get more specific in the -- in the, you know, terminology in the narrative before we vote here, or this will be something, as Mr. Mulhere said, June 27, 2023 you'll go forward, and if you see some sort of big red flag, you could bring to our attention? MR. BOSI: Mike Bosi, Planning and Zoning director. I would ask if you would like an enhanced landscape buffer. They have an existing landscape buffer. And I don't think the configuration allows us to increase the width. But I would t *i some additional plant material added to the existing landsc uffer could provide for a better buffering, better enhancemen i out a lot of specificity. You don't have to name the type of tr -- CHAIRMAN LoCASTRO: Right. MR. BOSI: -- you know, the species, b%La.n anced -- and enhanced landscape buffer along the U.S. 41 c i or within the original -- within the existing footprint, I Aiil -- I would say would be an improvement to the overall, yQu esthetic and softening of the facility. CHAIRMAN LoCASTRO: ay. And everything -- so that helps. Everything that I said o that, do you have any comment? So, you kno , ings that I'm sitting here taking a look at is I hate it less bec e it's in the center of an activity center, which, like I said, wisJ more storage units were; I hate it less because it's a co anion project, and has always been, to a storage unit that's alr th re. I hate it less because the local community is actually -- nd t feedback from them as well -- would prefer this companion 'ect over some other things that could go in this locat' to it less because the architecture and height is not o u know, obtrusive or of a main concern; and I hate it less be e of the natural buffers but also what has the potential of enhanced buffers, which I would like. And I hate it less because it also meets or exceeds the East Naples overlay, which hasn't even come to us yet, could pass, might not even pass, but, you know, this particular landowner has taken it June 27, 2023 upon themself to look at the things that would affect them in that overlay, could affect them if it's passed, and has already met or exceeded those, what we hope are, you know, requirements but are sort of proposed expectations right now. Did I -- did everything I say -- is that correct, or do you hav comment on any of that? ��� MR. BOSL• I could offer a comment. You are corrects, is is a mixed -use activity center. It hosts Commercial 1 to Commercial 5 is where the self -storage facility is a p It's a conditional use in the C-4. So this is a plac Management Plan would suggest to be a self - a 411 The reason why staff was constrained fro r cc ial 5. *ted use. ,our Growth ility. lending approval -- and the applicant did a terrific * b of giving you the history and trying to show compliance i -- with the developing East Naples Zoning Overlay. 20 4 ast Naples Development Plan was accepted, just accepted b Board of County Commissioners. It had some2-ts. In April of this year 1QX'5th, the GMP overlay, which addressed additional heig d additional density within your community region centers was transformed by the Board of County Commissioners.ou transmitted it to the State of Florida. We did get some co nts back from the State of Florida with some concern over i asing density within the Coastal High Hazard Area. So ve some constraints upon ourselves in terms of when we b ' back to you for consideration. he intention was when we bring that back for co ration, we were also going to bring the -- we were also going to bring the zoning overlay with it. And I'm just going to bring up the draft of the U.S. 41 zoning overlay -- it's already been heard by the DSAC -- just to give you an understanding. Someone overrode my -- 1 •• June 27, 2023 CHAIRMAN LoCASTRO: Let me ask you this: If that -- if that zoning overlay was approved as -is or very close to what we hope or expect or think it might be, is there anything in this project that would be in violation of what we are currently looking to get approved or proposed? Is there -- are there any data points in this -- in this current building that would be, you know, excZety? kbo compared to the overlay if and when that's approved in its MR. BOSI: Yes, there's one point. And this is -- �s the proposed draft right now, and it identifies a self -storage ility as a use for additional design standards where -- and it � d.�uggested the 30 percent of floor area or an alternative use i e same project. I think the applicant has addressed that they in n t do that with that other adjoining parcel. CHAIRMAN LoCASTRO: 1 ig MR. BOSI: Where you get c p -- and there's also a building design component that th 'ave, and no outdoor storage of any kind. They're in line wit It's the E, it's the locatio all criteria. It says, self-storage/mini-storage v*Zehouses shall not be located closer than 1,320 feet from the ,closest property line of another self-storage/mini-storage facility. That's where they're in -- they're not in compliance with it, but that's not an adopted overlay yet. CHAIRN LoCASTRO: Right. MR. "OSI: It's been to the DSAC. We intend to bring it to the P Commission when we have the -- when we have the a earing for the -- for the GMP that came on. ke I said, we're going to have to address the GMP because the State has raised concerns about raising density within Coastal High Hazard Areas. So we've got a couple strategies that we're talking to the State about hopefully to mitigate those issues. CHAIRMAN LoCASTRO: But, realistically, if that was June 27, 2023 approved -- and I'm just talking out loud. Is it possible this could be an exception? Because I think the intent of that is I'm Rick LoCastro, and I built a storage unit, and then a week later, Commissioner Saunders buys a lot right next to me, and he wants to build a storage unit. So this prevents us from having -- I mean, look at this as this is a companion project to one footprint ow a property owner that has had it for 10 years. So if this pass ould there be some gray area here that he's not building a sto �e init next to another -- he's building one next to his own? An ooking for clarification here. MR. BOSI: Yes. CHAIRMAN LoCASTRO: Or this wou -- or this would still stand, and he would not be allowed to bu' a companion storage unit next to one he already owns on prope e wned for 10 years. MR. BOSI: The applicant h d the existing self -storage facility, this lot. This lot here is n C-3. So when he purchased it, if he wanted to build a self- e facility, he would have had to have rezoned that prope -3. CHAIRMAN LoCA O: Right. MR. BOSI: o you couldn't make that case. Here's the thing that I say. Further, our hands are tied, and it seems like i Ea Naples Development Plan has -- there's roadblock in t of it a number different ways. It's called Senate Bill 250. ;e Bill 250 which was passed b the legislature, said p y that rty that's within 100 miles of the path of Hurricane Ian c more restrictive standards within their Land De pment Code than what exists today. We can't -- so this over ay, we can't bring this overlay to you with the adoption hearing the way that it is. CHAIRMAN LoCASTRO: Right. MR. BOSI: It would not be consistent with state statutes. We June 27, 2023 can only bring the enhancements that are trying to promote more mixed -use -- CHAIRMAN LoCASTRO: Right. MR. BOSI: -- but nothing that's more restrictive. So even -- so staffs really in a -- stuck in a tough position. We recognize that an activity center would support this type of a 4q The community -- the East Naples Development Plan and t community, through the zoning overlay, has tried to put (& locational restrictions upon self -storage facilities, car es. CHAIRMAN LoCASTRO: Yeah. OW411" MR. BOSI: We're not going to be able CHAIRMAN LoCASTRO: So even -- will be -- and I've got commissioners lit a-Tny last question , and then I'll maybe close it out with a motion depending o hear here. But having said all of that, even though all that stuff is still in limbo, this applicant and this Ian �r has met or exceeded requirements that may or may t e approved to go the extra mile, I guess; is that a fair statei2Mt MR. BOSL• Staff w recognize that the applicant has been very willing to com lyyvith components of the overlay. CHAIRM oCASTRO: Mr. Mulhere, when you hear the -- what di,,�y�u ll the additional landscape? Like, more robust, or what's the MR. 4Mt-HERE: Well, I have a -- I have the actual approved landsca n up. I just wanted to share that with you. C14AIRMAN LoCASTRO: But, Mr. Bosi, what was the to logy you used for more -- like more robust? MR. BOSI: Enhanced. CHAIRMAN LoCASTRO: Enhanced. I'm sorry. Yeah, enhanced. MR. MULHERE: And we did that. So I'm just reading from Page 91 June 27, 2023 what the approved landscape buffer was on the south, along the right-of-way. It was a Type D buffer with one tree every 30 feet and a double hedgerow 3-foot on center. CHAIRMAN LoCASTRO: But listen, before you go through, like, you know -- MR. MULHERE: No, we are exceeding that. Now, I do think that it's possible -- CHAIRMAN LoCASTRO: But I think the word " h nced," to the County, means something, and so even thoedosomething fight laundry list all the plants and all those things likewould ask Mr. Bosi, am I correct in saying that if we act he word if it either confirms that they're alre ying that's enhanced, or it might elevate a few er landscape things that, you know, the citizen, I, and maybe.ot concerned about? MR. BOSI: Staff would loo existing approved plan, and then it would look at the actual co i ion, and it would make an evaluation, are you -- are you han what -- CHAIRMAN LoC Right. MR. BOSI: -- the a ved plan was? And if they were meeting that in the condition, then staff would say -- CHAIRM oCASTRO: Do you think they're currently meeting enha c d o there's some -- MR. O I am not a landscape architect, so... CHA N LoCASTRO: All right. Okay. ear from my colleagues. Commissioner Hall, then C oner Kowal. MMISSIONER HALL: Thank you, Chair. So I have a question. This is a recommendation to deny the application? So would a no vote be in favor of it, or would a yes -- and a yes vote would be not in favor of the project? MR. KLATZKOW: No. You make a motion. Motion to Page 92 June 27, 2023 approve or motion to deny. COMMISSIONER HALL: Okay. Then I make a motion to approve this project. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal did you have some questions or anything before we -- COMMISSIONER KOWAL: Thank you, Chair. CHAIRMAN LoCASTRO: And then Commissioner McDaniel. 0 COMMISSIONER KOWAL: Mr. Mulhere, cai bring up the side -by -side photo again of the storage unit. MR. MULHERE: Yeah. COMMISSIONER KOWAL: And I gue s i is a question for our County Attorney, too. You were get ' u , sorry. You know, we're -- with staff s recommendation a - to deny, and we're moving forward, and I'm hearing c oving parts here with what could be or couldn't be, and now ow, with the new statutes coming down from Tallahass , ean, if we're making rulings on things that don't exist ye *e're making rulings on things that we may see in the future may tradict what our rulings would be, are we opening ourselves tW to some sort of litigation saying, you know, you made a t�r*ww on something that was a hunch or this or that, and there is t be statute that I can do this. MR. !NKOW: You have a quasi-judicial hearing going on right no ou have criteria to whether or not you're going to apprA,kU.Nhat criteria's in your executive summary. oncept of the East Naples overlay is not part of that. That is outside this discussion. All right. If you're going to deny this, it's not going to be based on a plan that may or may not be voted on. It's going to be based on the criteria that's before you in the executive summary. COMMISSIONER KOWAL: But that's the basis that our staff Page 93 June 27, 2023 is bringing it to us. MR. KLATZKOW: I understand that. COMMISSIONER KOWAL: Okay. I just -- MR. KLATZKOW: That's not the legal considerations but that's staff s recommendation. COMMISSIONER KOWAL: Thank you. �+ CHAIRMAN LoCASTRO: Commissioner McDaniel COMMISSIONER KOWAL: So secondly -- I'm I was -- CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER KOWAL: I wanted e up there. And I was just going to go full circle. And I o -- you know, this might help you, Commissioner LoCastro. ou know, if I took 10 people in a minivan 45 miles an hoer road on Collier Boulevard and we didn't tell themPovl�at, ose buildings were, I could probably guarantee all 10 couldn't Vl me what that was. Now, people have a con 0'iPthe or idea what a storage unit looks like because they've see past. You've got the cyclone fences. You've got the e ngated buildings. You've got the hundred orange roll -up gara e doors facing your interstate, you know, and that's set in their 'nds. But the on e left almost looks like half of our elementary schools w bui here in the county. I mean visually, seriously. I mea - o I think what you're doing -- and the other part about bein *really so many thousand feet of another storage unit, I don't falls under this jurisdiction, because this gentleman, yo ow, he built the first one. He sold out in a month. So, evidently, there's a need to the community for this type of business. And he sees that, that he has an opportunity to provide that, again, for the local community in a way that's not visually, you know, bad. I mean, it is what it is. June 27, 2023 And I can guarantee you that 10 people couldn't tell me what those buildings are if I drove them by there at 45 miles an hour. I can guarantee it, if you didn't have signage out there. MR. MULHERE: You have super restrictive architectural design standards that require those buildings to look more like an office building than anything else. COMMISSIONER KOWAL: Yeah. So, you know of was dumbfounded myself when I read that, you know, re not going to recommend, knowing that the Planning Co on -- I wanted to have an opportunity to actually look at, ow, what was going to be there, and it was the same o aan't a competing element to somebody that was alrea re. You know, I kind of have to -- you w, have to support this. I mean, I think it's the right place. It's t look. It's the right design. And the only people that 'vi t to it are supportive because they like the neighbor the a eady have. And jeopardizing that and having somebody in e hey might not like, you know, I think they're trying to pr irselves. So that's kind of how I feel about it. CHAIRMAN LoCAS RO: Commissioner McDaniel. COMMISS ER McDANIEL: Yes, thank you. You kn or ,-- to coin the Chair's phrase, you hate it less. If we could ntr he color of what was actually going to end up being without tho 'g, ugly, red -- orange doors and things, that would be a nic ut we really can't. oo'� uestion is -- circumstances change. We have a nice prop. e -ty owner now. He's been a good neighbor. We rezone this piece of property to C-5. Why are we not asking for -- is it not allowed for a C-3 conditional use request to do storage? MR. MULHERE: It's not. C-4 conditional -use, C-5. COMMISSIONER McDANIEL: So that's why the rezone June 27, 2023 goes. So my question is, can we condition this approval on the use and not -- and require a comeback if the property owner -- not owner changes. But if the use changes, can we require that to be stipulated? MR. KLATZKOW: Yes. MR. MULHERE: I just want to point out, Commission , t we've agreed to probably -- COMMISSIONER McDANIEL: And while you' u ting that -- MR. MULHERE: Right here. We've agree y number of conditions. The square footage is limited. T s ac is set in place. The hours of operation are limited. T g ting is restricted. COMMISSIONER McDANIEL: I a 1 of those things. MR. MULHERE: So I just wpte , - I mean, the only C-5 use we're asking for, I'm sorry, is storage. No other C-5 use. Its only that. COMMISSIONER McD L: So if this particular good neighbor, good owner, good rerty owner sells the piece of property, we're not opening Pandora's box for all of the uses under C-5? *#* MR. MULHERE: That's correct. COMM ONER McDANIEL: It can only be as designed, size, shap co a storage facility no matter who owns the piece of propert . LHERE: Subject to these. I don't know about color. �L MISSIONER McDANIEL: And then the other question I had -- you may be able to answer it. Because -- I'm okay now, because I was concerned that we were going to rezone it, and then it sells, and we get to deal with whatever else is there. Under the -- MR. KLATZKOW: You're also rezoning it to C-4. Page 96 June 27, 2023 MR. MULHERE: Yes. COMMISSIONER McDANIEL: Correct. MR. KLATZKOW: Okay. So the C-5 is limited -- MR. MULHERE: Yes. MR. KLATZKOW: -- but somebody could purchase the property and put in a use for C-4. MR. MULHERE: Yes. COMMISSIONER McDANIEL: Okay. O MR. KLATZKOW: So if you want to conditio rezoning that they're going to be putting in a storage facilit they're selling this as, you can do that. COMMISSIONER McDANIEL: That M would provide I )� for better protection for -- ' MR. MULHERE: On this lot, COMMISSIONER McDANI �, the use for the neighborhood -- MR. MULHERE: That'a COMMISSIONER EL: -- on this particular lot. COMMISSIONER L: Then I'll amend the motion to approve it as a conditional use for storage unit only. MR. KLAOW: Well, not as conditional use, but -- COMM ONER McDANIEL: Not a conditional use, because w ha o rezone the property to C-5. COM IONER HALL: Well, rezone it for a storage unit. How e st maintains and bes a storage unit. KLATZKOW: Eliminate the C-4 rezone portion of this. Yo ' simply going to rezone it to C-5 limited to this storage unit but no other uses. CHAIRMAN LoCASTRO: We want to eliminate the loophole. Commissioner McDaniel's bringing up a great point. We want to eliminate the possible loophole of a sale and then a blanket approval Page 97 June 27, 2023 for something we don't want there. COMMISSIONER McDANIEL: Or -- yes, it would be less conducive -- MR. MULHERE: May I just make a comment? COMMISSIONER McDANIEL: We don't get to pickZon t property rights. The property rights travel with the zoning, rezone opens that door for -- COMMISSIONER HALL: Good point. 0 COMMISSIONER McDANIEL: -- the utilizat' the property rights, and that's where I'm -- that's wher - MR. MULHERE: I just wanted to poin it, e eason that we chose to rezone to C-4 with one C-5 limited to se f-storage was that we felt that the C-4 district is in an a it center, provided a better mix of uses for that last remaii o at might actually meet the desires of the East Naples Civ' A 0 osed to C-3, which is much more restrictive. That's why we t at in there. We prohibited gas statio convenience stores. Everything else, depending on what hap with the East Naples Community Plan, will be restricted. S* just wanted you to understand it wasn't, you know, a big re ch. There's only going to be one vacant lot if this gets approv And it seemed appropriate to go to C-4 in an activity cent e . COMMI NER McDANIEL: And while I'm contemplating that, the qu tiKln is, with it being C-3 now, could the appli -- ould the property owner, without a hearing, convert to re ' nt i under the -- under the living local act? N04R. MULHERE: Live Local, yeah. CHAIRMAN LoCASTRO: Local, yeah. COMMISSIONER McDANIEL: Which then height restrictions go out the window, size, shape, all those things, density goes off the chart, traffic impacts, negative impacts? June 27, 2023 MR. MULHERE: It's about 5.6 acres. So, yeah, you could do something. It wouldn't be very desirable, I wouldn't think, given the configuration of those lots, but yes. COMMISSIONER McDANIEL: Certainly not as desirable. So -- and thank you for that. I just -- I had that in my brain ear i with regard to the moving -- or the living local statute that we+ CHAIRMAN LoCASTRO: So do you have a -- you k�, my question is, do you -- because everything you're saying significant merit. Do you have a better way of word' so that it does ensure that we're not opening up Pa other possible things, you know, down the r, way to word this zoning -wise so that we are MR. KLATZKOW: Well, clarificat A here'. And one lot's going to be the. COMMISSIONER McDANIC what the other one is, but we're MR. KLATZKOW: Thai COMMISSIONER MR. KLATZKOW his motion box for a better "Aren't there two lots And we don't know it from C-3 to C-4. UIEL: Right. that's -- so the issue isn't the -- the issue isn't the lot that they're putting the storage on. The issue was the other lot, and you have no idea what is going to go on there. COMMISSIONER McDANIEL: Well, the issue is both. Again, I g t�clication on the C-5 use to be specifically for storage. It does one other uses under the C-4. HERE: In the future. SSIONER McDANIEL: Zoning classifications without -- and we don't have -- we don't know what those are. CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: We don't know what those uses, in fact, are going to be. I'm not -- I'm not as concerned about it -- there again, it's over on the corner, and -- so... June 27, 2023 MR. MULHERE: I just want to point out, you don't know what other C-3 uses are going to go there. I mean, the district -- C-4 is a more permissive district. If you felt comfortable restricting -- as Jeff suggested, taking out the C-4 and allowing just the one C-5 use, we're not going to object. There's only one lot left. COMMISSIONER MCDANIEL. Right. MR. MULHERE: But we just felt it gave a better miuses for that lot. O COMMISSIONER McDANIEL: You made a ent earlier, Bob, about, you know, having to come ba e well, and if we'd a known better, we would have rezoned 11 the first place and so on. I'm not looking to cause that. You have put prohibitive restriction th C-4 request to not allow for a gas station, not allow fob a ence store, the other listed C-4 uses. Could that -- co ite -- could that site be converted to a high -density reside i Mike? Mr. Bosi? MR. BOSI: Any s' zoned commercial can. It's commercial. COMMISSIONEF..#McDANIEL: Yes. And it's C-3. MR. BOSI• nd it's commercial whether it's C-1, C-2, C-31 C-4, or C-5. ,�'x , COMMISSIONER McDANIEL: Right. It doesn't get any more because of C-4 as opposed to C-3 that it currently is. ULHERE: I'm sorry, Commissioner. Let me just read the list prohibited uses that we included with the rezone. Amusement and recreation services outdoor, anything that would be noise and -- automobile parking, automotive vehicle equipment dealers, convenience stores with gas pumps, gasoline stations, homeless shelters, hospitals, marinas, outdoor storage and materials, pawn shops, repair services. Only allowed one fast-food restaurant Page 100 June 27, 2023 if, indeed, that goes on that parcel. COMMISSIONER McDANIEL: On the C-4? MR. MULHERE: Yep, yep. No building or structure shall exceed 35 feet. Because C-4 allows more height, we put that restriction in. COMMISSIONER McDANIEL: Okay. �+ MR. MULHERE: And that looks like that's the end o uses we restricted. I think it's pretty restrictive. O COMMISSIONER McDANIEL: I think suffici�eiii it's covered. CHAIRMAN LoCASTRO: I mean, I r nt to -- I want to thank my colleagues here, because I know that i i a sore point with me, storage units, but also, too, I'm aAali t. I'm not here to just -- you know, I cover my eyes aid ' no to every storage unit. Like I said, it's more about, ion. So I appreciate the healthy i sion here to make sure that if this is something I hate less, t still as positively, you know, done as possible. And t1^ iI say, putting it in the center of a mixed -use activity center maybe saves another piece of real estate somewhere else for it. .* I don't know'. Do my colleagues have any other questions? COMMISSIO ER McDANIEL: I think the motion that was made is sa 'sfaNry, and I'll second it. CHAfVhKN LoCASTRO: Okay. So I have -- one thing that I wo -- and this might be semantics, okay, but humor me a bit. It sou ike you have a very robust landscape plan, but I think to ou t f, the word "enhanced landscape" does mean something. So I don't know if it needs to be put in writing somewhere or it's just I'm saying it verbally and you're agreeing to it. But in the discussions, if this does pass -- and it looks like it will -- and we move forward, you know, I'll take the words out of the Page 101 June 27, 2023 citizen's mouth, because he's speaking for both of us, I really want to see robust -- and there already is in that area. You know, you go down the road where they've built the Publix and everything. I spend a lot of time in that area, and a lot of developers have really gone above and beyond to not just make it look like a big, giant industrial footprint. So I want to make sure that we do go to the max. Anink the words "enhanced landscape," to the County, do mea Chething. So even though you have a laundry list of plants and ev thing, I'd like that word injected into the verbiage of what y ve there. MR. MULHERE: I will. CHAIRMAN LoCASTRO: And it migh m an nothing. It might mean you already have that. But i ou know, when we do sort of get to those details, I want to m kthat we've got everything in there that allows oVaed as far forward on the r`Y g Y landscape as possible under the elandscape category. MR. MULHERE: I kno f won't want it to be too subjective. They're going nt it to be very objective. So I've done this be I understand the term "enhanced landscape buffer. We0odo exceed the code because that natural preserve acts as Aandscape buffer. CHAI LoCASTRO: I know, but that's nothing you've done, so t is ady back there. MR. ERE: No, it's there. No, I agree. AM AN LoCASTRO: The natural buffer. WMULHERE: Along 41. AIRMAN LoCASTRO: I'm not giving you credit for that. MR. MULHERE: No, no. I understand. But what I'm trying to say is the only opportunity is along 41. CHAIRMAN LoCASTRO: Right. And I want you to do enhanced landscape along that -- on 41. Page 102 June 27, 2023 MR. MULHERE: And so what I'm suggesting is that we agree to a -- we agree to a double hedgerow. The code requires a canopy tree every 30 feet, so spaced one tree per 30 feet. You can put them together, but that's the calculation for -- CHAIRMAN LoCASTRO: And you're doing what? N MR. MULHERE: We're going to do one per 25. CHAIRMAN LoCASTRO: Okay. So is that -- does,14 t all under "enhanced landscape"? O MR. BOSI: Yes. MR. MULHERE: So that -- we'll have to p in this ordinance -- CHAIRMAN LoCASTRO: Okay. MR. MULHERE: -- as a requireme CHAIRMAN LoCASTRO: One Phings I always say here before we vote, or sometimes a e, is just because we vote on it, we're not done. And so this 's District 1, and I want to follow this one closely. And, you know, MrGou and I will stay, you know, plugged in. It's not a matter of just approving it and then saying, you know, we're done. It's keeping an eye on it. We've approved, you know, many pro' ts, you know, up here that turned out to not be great. The , know, maybe the rock crushing lot. You know, yo cou it here and mention some things. I wan to be a very successful project with enhanced land nd it's a companion project to something that's already tht in an area that is much more favorable than some of our of orage units that can't be unbuilt. So having said that, I've got a motion and a second. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. Page 103 June 27, 2023 CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. MULHERE: Thank you. CHAIRMAN LoCASTRO: We will now break f Qch unless, County Manager, did you have something? MS. PATTERSON: No, sir. What time do ant us back? CHAIRMAN LoCASTRO: I'm sorry. s ioner Saunders, sir. COMMISSIONER SAUNDERS: I s going to say what time do we come back? CHAIRMAN LoCASTRO:, o you think? Is 1:00 too soon? Fifty-three minutes f &*"It so we keep moving? Okay. Is that enough? Okay. We'l ck at 1. (A luncheon recess from 12:07 p.m. to 1:00 p.m.) MS. PATTERSON: air, you have a live mic. CHAIRMAN LoC,OKS RO: Okay. We're back, everyone. Just a reminder to everyone, there's a lot of new people in here. Please put yo ell phones on silent and whatnot, so -- in case they were on at un We've got a lot to -- a lot to talk about here. Okay. we're going to move to 11 A. I A PROJECT UPDATE ON THE COLLIER COUNTY MENTAL HEALTH FACILITY AND STAFF RECOMMENDATION TO PROCEED WITH THE DESIGN OF OPTION NUMBER ONE FOR 87 TOTAL BEDS (45 CSU, 30 ADULT MEDICARE/ACUTE AND Page 104 June 27, 2023 12 ESAC) WITH AN ESTIMATED CONSTRUCTION COST OF $44 MILLION (PROJECT NO. 50239) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS — APPROVED MS. PATTERSON: Yes, sir. Commissioner, that bringibW10 Item 11A, our 1:00 time -certain. This is a recommendation to accept a project update on the Collier County Mental Health fa et and staff recommendation to proceed with the design of No. 1 for 87 total beds: 45 CSU, 30 adult Medicare acute, ESAC, with an estimated construction cost of $44 million. Mr. Ed Finn, your Deputy County Manag i 1 begin the presentation. CHAIRMAN LoCASTRO: Oak MR. FINN: Thank you, ma' ppreciate the introduction. Edward Finn, Deputy County Ma Today we're going to tal t the mental health facility. I have some folks here. oing to help us out, get through this. Scott Burgess, the C of David Lawrence Center, is here. He's here to speak o the development of the program for this facility. I have Javier Sa r of RG Architects. He will be able to speak to how his desi go,'ng to meet those programmatic objectives. Eric Brackin fr m ngelis Diamond, the construction manager on this job, is also Ayoub Al-Bahou, our principal project manager from s Management, and Claudia Roncoroni, senior project ma are the internal team on this. e 87-bed design that's being recommended is kind of shown on your -- on your screen at the moment. This is 87 beds. The -- it is coded for the type of uses, and we'll have another schematic where we can look at those uses in a little more depth. The estimated construction cost only is 44 million, and that note Page 105 June 27, 2023 there says that includes some preliminary value engineering that's already been applied to this initial budget. The project objective: The mental health facility is an important community priority project endorsed by the voters in 2018 and identified as the number -one priority of the Behavioral Healt d Hoc Committee. The facility will function as a central receiving facilit t ose receiving services under both Baker and Marchman Act will greatly increase mental health crisis support. The pr d new facility will serve the mental health needs of Colli nty's expanding population and will serve to reduc d currently placed on the Collier County Sheriffs Office. This is a little snippet of the project tAeIine. In March of '22, the NTP, notice to proceed, was iss-qe Architects. In March of'23, the construction manager c c as approved by the Board, and we're back to you today, on Ju e th, seeking the Board's authorization to move forwar the design of option, in this case, Option No. 1. You'll see there, tent �vely, fall of '24, what's identified there is guarantee maximum proe number one. That would be the price for the site work. ope is to have the site work rolling before the final design okt&ertical construction is finalized, bringing us to a spring of' 5 vtentative guaranteed maximum price approval for that eleme he project. rogramming and master planning, an important part of 11 1 act, the programming and master planning. I'm going to go r ugh a few slides with you real quick, and if there are any questions on the programming at this point, Mr. Burgess, perhaps, could help us. These comments deal with adult beds rather than children's beds. The average number of adults under the Marchman Act at the Page 106 June 27, 2023 Sheriffs Office jail is approximately 10 beds per month. The average number of adults within the existing David Lawrence Center facility is approximately 29 per day. The peak number of occupied beds experienced by DLC is 40 beds per day. The existing programmatic needs for beds based on today's demand is somew e between 39 and 50. �+ Twelve emergency service assessment center, ESAC, bb are required with all the options that are going to be present 0you today. And the last bullet deals with the number oX101, y residents that are -- that are forced to seek mental health ser,ut of the county. ���, ' Project construction estimates are art of11►6o n at our options. J p g p The construction manager, DeAngelis D14niond, started developing construction budgets immediately atte tract was approved. They developed an initial detailed ction estimate based on the 30 percent construction drawery e amount of 48 million. That was for the 87-bed design Opo. 1 as we're calling it today. And they used an extens' of subcontractors to arrive at that number. The $44 million construction estimate for Option No. 1 we're talking about toA includes preliminary value engineering on that original $48 i ion umber. In addition to the 87-bed option being recomme ed, tion 1, staff is providing a 72-bed option, Option 2, and a 57 b tion identified as Option 3. ematic is that of Option 1. This represents 87 total b is is the $44 million estimated construction cost. And you ca that the elements include CSU beds, and those are 45 in num er; Medicare beds, 15 in number; and acute beds, 15 in number; as well as the 12 emergency beds. The area of this option is 60,000 square foot. Option 2, total beds, 72, 45 CSU beds, 15 Medicare/hospital Page 107 June 27, 2023 beds, and the 12 ESAC or emergency beds. Option 3 -- CHAIRMAN LoCASTRO: What's the square footage of Option 2? MR. FINN: The square footage is 52- -- fifty -two -five. \Vs, CHAIRMAN LoCASTRO: Okay. MR. FINN: And this option is estimated at $39 millios� Option 3, total beds is 57, $34 million in estimated e and this facilitywould be limited to 45 CSU beds and 15 eme beds. I y will say that staff and the team, more to the point, tire project deliveryteam is recommending the bare min' aFour delivery g team would even consider would be Option 2. of is recommending and the delivery team is r mmending Option No. 1. CHAIRMAN LoCASTRO: Wh e square footage of 3? Did I miss it on this slide? I was �ooki for it. MR. FINN: I think -- if we ku Mr. Chairman, I think this slide provides -- provides alleYeah. ormation for youCHAIRMAN LoC MR. FINN: --a w s a cost per square foot of all the options. If I -- if I mayostart. At the left-hand side, when we came to you in Febru relative to the zoning, we did not have the construction a ag on board, and we were using estimates that probably ere ittle bit inadequate. At tha t in time, our estimated cost was $29 million for cons Unfortunately, when we brought the professionals in, o erts in, more to the point, those estimates -- those estimates ha sen quite a bit. In large part, we're presenting you multiple options because of that substantial increase in cost so that the Board actually does have some options to consider. The second column in from the left deals with the Option No. 1. Option No. 1, as I mentioned before, 45 adult CSU beds, 15 acute June 27, 2023 beds, 15 Medicare beds, 12 ESAC beds, with an estimated cost of 43 million. And as we talked about 60,000 square foot at a pretty substantial cost per square foot, reflecting the fact that the 30 -- 30 combined acute Medicare beds are actually hospital beds in nature that we're providing dining -- kitchen and dining facilities to a hospital -level construction standard. C One of the questions that we want to make sure that is 1144 % understood is what's going to happen at the existing DavN wrence Center campus after the new facility is built. The e facility will continue to have 15 existing children CSU be tinue to have 15 detox beds. Three existing emergency be w ecome children's emergency beds. And what is left i a o ential there because they still have some real estate u r t e roofs for 30 -- 30-bed future expansion subject 'c ing and program needs. And that may seem a little c to you, and if you're a little bit confused, I'm going to make a at I drive you right over the edge with this little I -chart. On the left-hand sid avid Lawrence Center campus as it exists today or before the 'lity's built, and you can see they presently have 30 dultS,OVbeds there. And what we've tried to do is just show you w that -- how that's going to travel into the future, and those wiljb�,come future bed capacity once this new facility is constructe . One oW most important considerations is the fiscal impact. The s currently at 30 percent design. As I just mentioned to y ve three design/construction options, as we talked about in Sli 0. The estimated budgets here are set against the programmed amount of surtax money. If we look at Option 1, the programmed amount was $25 million. Approximately three goes to engineering design and architectural services. Set against the construction estimate leaves us a funding estimate or a funding delta Page 109 June 27, 2023 of about $22 million. There are some other considerations that we need to -- we need to include in our discussion. There is an estimated 4.4, and that's a percentage of the construction cost that's going to be necessary for furniture, fixtures, and equipment for the facility. That is not N reflected in the $44 million number that we're discussing toda Iq a d looking for direction on. There's also likely to be an ongoing operating cost. Oe initial estimates provided by David Lawrence Center after - r considering program revenue and grant sources, t icipate a $4 million funding shortfall that has to be co v d en this facility is fully operational. As a follow-on on that, the County ager and myself met with key community leaders on these aspects of the program. We met with consider a u ess in those discussions. We still haven't achieved an actua commitment on community funding for this important pro' ut we're hopeful -- while hope isn't necessarily a goods we're hopeful that we can achieve some of those funding go hrough community sources. The fiscal impact as it involves the surtax funding, because of the timing of when we're going to achieve our -- the overall community -wide $490 million on the program, is going to allow us to run the col4ectiNns through December of this year. Relative to what we expect eive against our programmed 420 million, we expect to se illion in surtax, leaving us with about a $71 million Ea delta for us to move forward with some of these critical pr 'ec s. A portion -- a portion of that delta can be used to fund all or some of this project delta we're talking about today. I bring us to the recommendation. Our recommendation is to get authorization to proceed with the Option 1 design for a total of 87 -- 87 beds. Page 110 June 27, 2023 CHAIRMAN LoCASTRO: Okay. I've got Commissioner Hall lit up. Go ahead, sir. COMMISSIONER HALL: Mr. Finn, can you go back to that slide that shows the original and then all the options with the changes of money. No, keep going. CHAIRMAN LoCASTRO: The slide that had the proA11 which was like 29 million that shows -- COMMISSIONER HALL: Right there. That one right there. MR. FINN: Yes, sir. COMMISSIONER HALL: So in the beoie had 54,000 square feet that included 87 beds. Then Optimps up to 60,000 square feet with the same 87 beds. S00 square feet at 732 a foot. That's 4.4 million. AVA I was just -- I'm just asking why the increase of square foot the increase of the 4.4. I can see the difference in money. W e square footage? MR. FINN: And I'm goin t%, ing up Javier Salazar up here to speak -- to speak to the actual ' cal way he met the program needs. COMMISSIONER L: Sure. MR. SALAZAR: oGood afternoon. Javier Salazar with RG Architects. So reall r all good question. So for those of you that are not familiar w'th t design process, you start with the programming requiremen 'ght, which is just pretty much listing you're going to need e pe of spaces with this type of program associated with it. And the you would create some, you know, grossing factors assVted with it, right, so that we can quantify, you know, circulation and so on. The specific need -- so what you saw in the 54 was the initial program itself. So there wasn't really any spatial design associated with it. So then once you translate that into an actual design, then Page 111 June 27, 2023 these type of facilities are inherently not very efficient from a circulation perspective, because you've got to be able to lock all the different components and have free access individually from the other ones, and that's where that bump happened from the 54 to the 60. So the 60 is based on an actual spatial -- spatial design as N opposed to the 54 is just programmatically specific. �+ COMMISSIONER HALL: Gotcha. MR. SALAZAR: Does that answer your question COMMISSIONER HALL: Yes, sir. Thank y A• MR. SALAZAR: Thank you. CHAIRMAN LoCASTRO: Commissi n ers. COMMISSIONER SAUNDERS: A qui uestion for Mr. Finn. You said the sales tax collecti will end in December of this year, and that's because we will h�Meded the 490 million that was originally programmed. e'1million of that 490- went to the cities, and you have 71 milli n xtra over the 490-. MR. FINN: Yes, sir. COMMISSIONER RS: So the question is, does any of that 71 million have to shared with the cities? MR. FINN: he distribution of the surtax occurs at the state level. So this i dependent of the cities relative to receiving our share. So le d it another way. The state distributes the surtax, so the citi w1 lso get their share but directly through the state. COM IONER SAUNDERS: Okay. So we will get -- we have ,a a 71 million. And I say "extra" in quotes, because o s everything's gone up, all the other projects. But you're su t at we have $71 million over and above what we had anticipated? MR. FINN: That is -- that is what our estimates show us, yes. COMMISSIONER SAUNDERS: Okay. I just want to make sure we didn't have to -- that the number might have been lower Page 112 June 27, 2023 because of the share for the cities. Thank you. CHAIRMAN LoCASTRO: Any other questions? (No response.) MS. PATTERSON: I've got nobody lit up here. Anythin ? MR. FINN: Would you like to hear from the folks that ha joined us to speak on this item at this time? I know we have number of speakers, including folks from David Lawrence. CHAIRMAN LoCASTRO: Yeah. How many p_ 'c speakers do we have on? MR. MILLER: Eight. CHAIRMAN LoCASTRO: Okay. Le e r m public speakers, because they might bring up somethi g at then -- MR. MILLER: Sure. CHAIRMAN LoCASTRO: -;y , the people that are in the room might want to address, s .�, MR. MILLER: Your first a r is Father Michael Orsi, and he'll be followed by Dudley G te. FATHER ORSI: I' to you an offer you can't refuse. I have been in cont ac ith many people who have very, very serious mental problem,*: have been long associated with St. Matthew's Hous We can no longer continue without the help of the David La r ce enter. This is a wonderful partnership that we have. I'm at our hospitals practically every day and go to the emer om, and, inevitably, there is a sheriffs car outside. It's a 1 g door of the Sheriff s Department bringing people in and th inging people out, releasing them back into the community. And even some of the sheriffs -- the deputy sheriffs say to me, Father, we need a facility to put these people in, and so, too, the nurses. They tell me the same thing, and the doctors. I'm also involved with Neumann high school, Catholic high Page 113 June 27, 2023 school. So I come in contact with a lot of the students, and, believe me, these young people have some very, very serious problems, and, from time to time, we have used the David Lawrence Center, but we do need more help for students who are suffering drugs, alcohol, depression and suicidal tendencies. In a county like ours, Collier County, there is no reason e should not have a facility that is suitable for the needs of th� unty; it should be a five-star facility because that's who we ar the money is here. The money is here. Gentlemen, yo the money is here. I know the money is here. And I'm not letting David Lawrence Cen o hook. As you well know, I'm not always supportive of e �e thing being handed out by the government. So there has to b artnership. And I've spoken with Mr. Burgess, Chairma%B onetic). And the goodwill that these gentlemen ex 6a the need that we have, I am sure that we can expeditious) a ption 1 into effect as soon as possible. Let me tell you one ing. I don't know if I'm allowed to mention God at a public , but I will. I was at St. Matthew's House, and whene-er vyI; �e needed something -- and, of course, we're a religious -based organization, faith -based organization -- I would always say, and our director would say, and some of the board members, ' �wied it, God will give it to us. And I'm telling you, gentlemen, eed it, and God will give it to us. ou. oo'�MILLER: Your next speaker is Dudley Goodlette. He'll be followed by Trista Meister. Mr. Goodlette's been ceded three additional minutes from Jessica Siefer, who is sitting right there. Mr. Goodlette. MR. GOODLETTE: Good afternoon. Dudley Goodlette, and I'm here in sort of two roles here. First I'm going to read a letter that Page 114 June 27, 2023 each of you has received from Garrett Richter, but I think the people in the audience and the public would benefit from hearing what he has to say. He couldn't be here today, so I'm the poor substitute. And I will have a couple of comments after reading his letter as well. This is addressed, of course, to the Board of County Commissioners. Garrett Richter is the Florida market presid First Foundation Bank. Dear Chairman LaCosta -- LoCastro, I'm sorry. 0 Commissioners, each of you, along with the people i room, all have at least one thing in common. We are intere the well-being of our community and in the well- in our citizens. The interest motivated each of you to run or pu lic office. It motivates you each day that you are calle n to make a decision, a decision that will improve our comrgu admire your dedication and appreciate your commitment. The discussion you are bein s d to consider is whether or not we acknowledge our shortsig ss when we approved the partial funding for the behavior receiving center and revise the amount to reflect tremen and unplanned delays and to participate in the ongoing operatiopal costs of this extremely needed facility. It's been sa' efore that we have no primary mental health facilities in o om unity. The David Lawrence Center and the Collier Co my '1-- our county jail is entirely funded with tax dollars. O %unty will -- our county jail is the most expensive and least . e means of treating mental illness and the impact of such to munity. e David Lawrence Center, on the other hand, is a highly respected treatment center that our community is proud of, and it remains the most effective and efficient way to meet the mental health challenges in our community. I'm confident that most everybody in the room today has been Page 115 June 27, 2023 directly or indirectly impacted by mental health or addiction issues. When we hear of the challenges that the David Lawrence Center takes on, we often whisper about them, and when these issues directly confront us or someone we love, we pray about them. We have all heard the saying that hindsight is 20/20. In hindsight, we should have foreseen the rise in costs of the sig ifi ant delays associated with the receiving center, but we didn't. pe we'll use foresight today as you consider the request by unty staff and the key stakeholders deeply involved in this ct for adjusting funding and future operational support. ight calls for this facility to be completed without downsizi Itoa imize its immediate impact and in realization that in a c-�fit�nuin growing p gg g community, these needs will continue to lode. The need to treat every form of ess and rehabilitation in our community will always be te. How we decide to fulfill that mandate will separate a et's be proactive today and not reactive tomorrow. Please s t in favor of this necessary change, please vote for t e and, finally, please know that your community's service is ap iated and is making a long-term difference. *#* If, "learn, e and return" is a good recipe for life, and I believe it is, learn fro ur st shortsightedness. Let's earn a reputation that we ar ro of, and I thank you for returning your talents and experience is community. ou for your support. merely add to those comments that I have had a chance to re your staff report. I think Mr. Finn has done an excellent job of outlining what the challenges are, and I would hope that after you have an opportunity to review the comments from others that you will hear from and to -- and having carefully scrutinized the report from your staff, I hope that you will move in the direction of Page 116 June 27, 2023 succeeding in that regard. And many of you may know, I had -- was pretty involved in the passage of the one -- the penny sales tax a few years ago, and it's -- the fact that it has exceeded the expected -- in a year ahead of time the expected resources that are going to be available is a red credit. And I think that going forward, the David Lawrence and the hospitals will continue to try to raise the level of int t in the part of those institutions for funding this going forw nd we appreciate all that you are doing. Thank you. CHAIRMAN LoCASTRO: Thank you, MR. MILLER: Your next speaker is Tria�ieister. She'll be p y followed by Ray Steadman. MS. MEISTER: Hi, thank yob. ding a letter on behalf of Richard Weisberg. Dear Commissioners, my na e Rich Weisberg. I'm a commissioner for mental heal substance abuse for the State of Florida. Unfortunately, t be here today because I have a finance subcommittee for State today at 1:00, which conflicted with the time -certain flange. I urge you today to pass the increased funds needed for the David Lawre Mental Health Center Project. There have been many obst cle er the last five -plus years to get here. Five -plus years a o, a community voted in a penny tax specifically for this r s It is my understanding this tax has been so successful it is year early. It is also my understanding that the funds are av le from the penny tax for the additional funds needed for the proj ect. This building allows for the maximum increase in bed capacity, which is critically important for our great and growing community. My family has experienced this firsthand with our middle Page 117 June 27, 2023 daughter who, when Baker Acted, slept on the floor at David Lawrence Center. Had she been sent to Miami, who knows what might have happened. This week she graduated in nursing at the top of her class, all due to David Lawrence Center and the hard work my daughter has put in. I would like to take a moment and reference the 2023+ Community Conversation Report on the table of Southwest rida. This is a regional initiative among the Collier Commun' Foundation, Charlotte Community Foundation, and t Collaboratory. The issue ranked No. 2 out of 10 as mostV4fZ for Southwest Florida is mental health and substance abuse. tTis ranks No. 2 in Collier and Lee County. As a member of the state -- Flori Commission for Mental Health and Substance Abu*e Sn e Finance Subcommittee, I want to be able to proudly referenS, my community, how my community, Collier County, i ing together and doing their part. Lastly,it is the moral th Ito do. Sometimes the moral thin to g g do gets overlooked and pu*d aside. Please do not do this today. Please, I ask you a a Collier County resident, as a husband and a father, to approv, e additional funds for this project. Thank y ve uch for your time. ;e�b RIL R: Your next speaker is Ray Steadman. He'll be folloit Donahue. ADMAN: Thank you, Commissioners, for taking the time ar me today. My name is Ray Steadman, and I currently se s the vice president of programs for St. Matthew's House. As many of you know, St. Matthew's House serves the homeless, addicted, and food -insecure populations of Collier County and has since 1988. St. Matthew's House has served 1,865 individuals in the past 12 months, and 36 percent of those individuals Page 118 June 27, 2023 have a diagnosed mental illness. Many of those not in the 36 percent experience symptoms of mental health and go undiagnosed while living in a state of homelessness. Thankfully, we have a provider in our community, the David Lawrence Center, that assesses and treats the mentally ill homele of Collier County, those housed in our care and those not house �+ providing stability and ongoing therapy, treatment, and me ions. The success of St. Matthew's House residential pro Qs is often spoke of in a positive light at many events and e settings throughout Southwest Florida, mentioned by som u in the room, city officials of Naples, former residen u nt residents of Collier County, program graduates, the news Ifral, and family of those who have been in our care; howeve 0,h e success we enjoy can never be attributed to our efforts alone ly heavily on the partnerships like the one with the awrence Center that provide a level of excellence that r eputation reflects and our residents enjoy. Many of the reside i atthew's House are often shared patients of the David Law ce Center. Thankfully, we have not experienced a disrLIptio2 in care due to the increased demand being placed on them 1 health provider. Strong community partners like the Davi wrence Center are paramount to the success of the rehabilitat' e e its of St. Matthew's House programs. We ar ding with the David Lawrence Center and echo their petiti reater capacity to address the needs of community nyfNNwho are in crisis due to acute impairment, an episode of m , or thoughts of self -harm, just to name a few. As a representative of St. Matthew's House, we would ask you to vote to proceed with a recommendation for Option 1 to accept this project update benefiting the mentally ill of Collier County. Thank you. Page 119 June 27, 2023 MR. MILLER: Your next speaker April Donahue, will be joining us via Zoom, and she will be followed by Jason Cooper. April, you have three minutes. MS. DONAHUE: Thank you, and good afternoon, Chair and Commissioners. I'm April Donahue, executive director of Colli County Medical Society, and I speak on behalf of the CCMS of directors. We would echo the previous comments offered an aort the request for an increase in funding the new Collier Co ental health facility building, and ask you to approve th osed option, as these are our excess surtax funds and the n ntal health beds in our community is so great, the CCMS oa d elieves that choosing the option for the 87 beds, as pr 'ous y planned, is the best choice for the health and safety of o}ir ity. This long-term investment is efficient means of spending our tax dollars on mental health atv i 1 help prevent us from getting further and further behind the 'ncreasing demand. Thank you for your ay. MR. MILLER: Yo ext speaker is Jason Cooper, and he will be followed by Edward Morton. MR. COO : Good afternoon, Chair and esteemed County Commission y name's Jason Cooper. I'm the assistant director of dev pment for Home Base Florida Veteran and Family Care. represent General Fred Franks, a man of extraordinary se d honor, and our honorary director. General Franks is a gr e of the United States Military Academy at West Point, a seasoned veteran of the Vietnam War, and the strategic mind behind the Left Hook maneuver that brought us to victory in Desert Storm. His leadership commanded over 150,000 troops and revolutionizing mechanized warfare. Page 120 June 27, 2023 Despite a debilitating injury, his service spanned over 35 years, earning him too many prestigious awards to name today. General Franks has been a member of our community here in Collier County for the last 25 years, contributing to the welfare of our veteran community. Unfortunately, he was not able to join us h today but has trusted me to communicate our endorsement fo �+ increasing the funding for the construction of the Collier C Central Receiving Facility. O The most recent VA annual suicide prevention r underlines this urgency. Published in September of 2022, it s that the rate of veteran suicide in 2020 was 57 percent hig t t e average adult. Here in Collier County, one in four ad i ides is a veteran. Our local clinical programs reported ecord number of veterans and their families seeking lie health assistance. Our partners at David Lawrence Cente the leadership of Scott Burgess, have made significant r ss with this project. We firmly believe that t a ' lity, approved for the infrastructure surtax in' a priority within our community. The Collier County Centr eceiving Facility will provide comprehensive care to those with mental health emergencies and address the invi ' e wounds of service. This is crucial in preventing the devastati onsequences of untreated mental health conditions such as su' ide. As a c at veteran myself, as is most of our staff, we unde e true toll of service and sacrifice. When our men and w e the oath to serve, they trust that we will be there for Offi Nthen they return home. Your support is critical in fulfilling this implied trust in making this central -- the mental health central receiving facility a reality. The center will ensure veterans and our community can access the care they deserve through their service and sacrifice for us all. Page 121 June 27, 2023 Thank you for your commitment to our veteran community. Together we can make a profound difference in the lives of those who have selflessly served in our country. Let us be measured by how we support our most vulnerable and our veterans. Mahatma Gandhi once said, the true measure of any socie n be found in how it treats its most vulnerable members. Our today will echo this sentiment. A - Thank you. o MR. MILLER: Your final registered speaker o item is Edward Morton. MR. MORTON: Good afternoon. I think we've heard a lot about square foo and dollars and cents. I should preface everything by sa g, I m also a veteran. I have seen up close and personal, hayirV on active duty from 1969 to 1972 as a captain in the U*wit&f Mates Army, all the rigors of not only war, but the toll that it tal s7bn human beings. Human dignity is very h t describe. It's very hard to define. It's a lot like obscenity. w it when we see it. We feel it. It's part of our fiber of ou DNA. It's what we believe -- what we believe in ourselve , of jrvhat we stand for, what we represent. I would lik think that our community -- as I look around the country and I ee the ravages of human dignity and I see homeless camps an se terans killing themselves and people from all walks of li ering from the rigors and the problems of human and mental ill s, behavioral health, I would like to think I live within a c *y -- and have for the past 50 years in a community that rA;itself on not just keeping up with but advancing the cause of human dignity by working together to take care of all of us, from our young to our old. As vice chairman of the board of Florida Gulf Coast University, I see every day and hear every day the challenges faced by our young Page 122 June 27, 2023 students and by some of our older students and the rigors of academia and the pressure placed on people. I've also been the CEO, as most of you know, for 35 years, CFO or CEO of NCH. I've chaired the Chamber of Commerce. I've been around this community my entire adult life other than my milita service. So I implore you, please allow us to plan for the future'�aow us to provide for the dignity of every human being that resi,�l�n Collier County, allow us for the opportunity to provide both behavioral and mental health. This entire community needs your ort, and I would ask for it today. Thank you very much for everything that o re doing for this community. Thank you. MR. MILLER: That was our fin er, Mr. Chair. CHAIRMAN LoCASTRO: Ok I'm going to -- I'm going to just lead off unless somebody ha mac,-destion. But I don't see anybody lit up here. I'll just say to my coMea Us, let's not make a mistake here today. You know, this is *his is a great investment of our dollars, and I would hate to skirxp on a facility that's long overdue. And a lot oople spoke about veterans, but this is a facility that's going t 1p r entire community across the Board. So, I mean, this is a -brainer for me. I've seen us put money in certain directions e years and currently sometimes where we scratch our is isn't one of them. me, you know, it's disappointing the costs that have gone up, that's not something we can control. It's nobody's fault in this room. Construction costs have risen across the board. But when it comes to mental health, I hope all my colleagues agree we want to measure twice, cut once, and not skimp on a facility that a couple years down the road, our replacements are sitting up here Page 123 June 27, 2023 saying would have, could have, should have. So I don't know if I've got -- Commissioner Saunders is lit up here, but, you know, I'll make a motion to approve Option 1, you know, with -- with no reservations. Commissioner Saunders. COMMISSIONER SAUNDERS: Well, I'll start off by seconding your motion. I agree with everything that you 'maid. If we're going to do this, we want to do it right, and the _i i way to do it is Option 1. That's building for the future. A thG- folks that spoke today, they were very elegant -- eloquent, n ant, eloquent. They were elegant, too, but that's t e nt. And, you know, they spoke from the hea a d think you did, too, Mr. Chairman, that this is something t i really needed. This is something that will serve the citizen lier County that are in need of these service. It will hel eriff s Department in how they have to deal with mental he 1 sues, but, most importantly, it's going to help those people th these services, so I'm pleased to second your motion. MS. PATTERSON: air, if I may. CHAIRMAN LoCAS RO: Yes, ma'am. MS. PATT SON: I'm sorry. We failed to recognize that Sheriff Ramb s is re as well as Scott Burgess, and we weren't sure if yo wo like to invite them up to just say a few words before you ize your discussion at whatever point you see it appropr'at do so. CHo AIRMAN LoCASTRO: Not really. No I'just kidding. y �m J . g d offer to them if they would like to make some comments. I don' feel like I feel the negative moj o from any of my colleagues. So I would say Sheriff and Scott, you know, the floor is yours if you would like to say something. One of the pieces of guidance, though, I will give the county Page 124 June 27, 2023 staff is, you know, this is a big undertaking. This is a big dollar figure. And so if it does pass here, you know, we've had projects where, you know, down the road, then the County Attorney was telling us we didn't get the best bang for our buck. So even though we're voting on the -- you know, the Option and not cutting any corners, let's make sure that we spend the �+ taxpayer dollars wisely. You know, that's a nice big, fat, r_l figure of 44 million but, you know, we've had other pro' Qhat were very expensive and then a year later, we didn't e we got the best bang for buck. This is not a facility where we want to m' riate funds or not get our full dollars' worth. But I think the s so many people involved in this project, there's so much o sig t, that I don't believe that's going to happen. And we hale ctor that definitely has a great reputation here in the co m But Mr. Burgess or Sheriff R osk, either one of you, the floor is yours if you'd like to make ent and talk us out of anything. SHERIFF RAMBO ood afternoon, Chair and Board, and that's what I'm concerned It's -- you know, I know all of your commitment. I mean, you now, if you look back two years, the commitment tha a as a Board made, along with the partners here, to create a str is an to address mental health issues, one of the elements tha as more resources, more services. That's kind of where this from. entioned to you during our budget review, that I would re d to you, and still do, Option No. 1, based on the need in ou munity. And on that I'm just going to leave it alone because you're all headed in the direction that I believe is in the best interest of Collier County and its residents. CHAIRMAN LoCASTRO: Thank you, sir. Mr. Burgess, did you care to make any statements from the Page 125 June 27, 2023 podium? MR. BURGESS: No. I will allow you to continue, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. I was going to say, after hearing from the Sheriff, now I'm kind of on the fence. Commissioner McDaniel, and then, Commissioner Hall, on deck, sir. COMMISSIONER McDANIEL: Thank you, Mr. a r. And I'm -- I'm going to say it out loud. The ne eal. There's no argument that the need is real. I woul o have greater assurance as to how we're going to pa r s. I saw, when Mr. Finn was slipping throug e slides, there's a 4-plus-million-dollar deficit in operating Ads hat are going to be requisite. Right now in the infancy st his project, where -- and I don't know where t �, ought there was 25 million originally appropriated in the surt d then it bumped to 29 here in these slides. No? MS. PATTERSON: ere comes Ed. COMMISSIONER ANIEL: So there's -- I have a $19 million deficit in the estimated construction costs at this stage today. They are not going down, those construction costs. MS. PA T RSON: Understood. So I'll answer a little, and then I'll :hn d i er to Ed. We have been meeting for the last several s was indicated by some of the speakers, about exactly things. Obously, we need to do the things we need to do to keep this project moving, very important. It's already -- you know, it's been this long where we have not gone to construction due to the constraints of zoning and other things. However, facing down these cost escalations, amongst other things, we have had some scope adjustment and things like that, all Page 126 June 27, 2023 that have been brought to the Board. We're facing a much larger project than initially anticipated very early on by the voters, but the need is not different. It's getting greater every day. So we did sit down with our partners and have had really good conversations that this is a "Collier County as a county" problem. This isn't just a Collier County Government problem as far as 1 we get over these funding hurtles. And so our plan is to continue to meet and to look t�O w we can partner. Now, as far as the construction goes, as et further into design, it will open more doors for us to purs ey other than the surtax. That's definitely an option. But s hat we can leverage additional grant dollars to put toward h construction is something that we and David Lawrence a ommitted to doing together so that if we could shrink duo ount of overage from the surtax that has to be consume N a possibility. We have viewed three prof ec eing the priority projects for any surtax overage. We've d' ed all of them with you. That is the Sheriffs forensics bu* his mental health central receiving facility, and, obviously, th veterans' nursing home that we discussed today. So that is how We've positioned it to you -all as far as the consumption of those additional surtax dollars. But, again, pursuing grants and otlIerfunaling sources. On t fu . ure, fixtures, and equipment, and on the ongoing fundin of acility, we also have had conversations with our part t that where people can step up to help us. And there's n that's too small. So isn't -- we are not looking for one en o come in and take the entire amount, but any amounts that people can contribute -- our partners in the hospital -- we'll be continuing to have those conversations as we -- as we firm up these budgets, as we look at this construction cost, and as we would -- what it looked like what it -- to operate -- the true cost of operating the Page 127 June 27, 2023 facility. So these are things you're going to continue to hear from us. We have heard you loud and clear, and we will continue to work through that to bring every funding opportunity to the table to bring this important project home. N COMMISSIONER McDANIEL: Well, I've got to like 2016 and -- the need was as prevalent then as it is now, and community hasn't done -- I'm going to support this effo ®the way, today. I'm going to vote -- I'm going to vote for us t e forward. But it's -- and I say this: There are other ways of plishing the service of this need. They have been propos a ould like to know -- I would like to see some -- and I don't a t -- you know, Mr. Morton talked about the -- I believe id. I think you were talking about the morality of what ittis 're doing and how we're moving forward and satisfyi 1 dire need for our community. One of the -- one of the c' stances that I learned early on was that our j ail facilitie e largest mental institution that Collier County currently s and operates. And for me, hat kwould like to see is a comparison with regard to the off of those expenses in relationship to the benefit of a central recev i g facility and the treatment afforded to those patients of ett the exposure that we have in our jail system. The sheriff and eed early on that there was little to no rehabilitation that h incarceration, little to -- little to no rehabilitation that c11 tincarceration. the -- I can certainly see the value. I can see the human need and aspect there, but -- and it doesn't come with a "but," but it comes with a "but," and that is we have to be accountable for what it is that we're doing. And it has -- it has to have validity over and above the human aspect. It has to be -- there has to be a value attributable so Page 128 June 27, 2023 that we're not just continually creeping forward with an increase in expenses and an increase in operations and an increase over -- across the board. MS. PATTERSON: Understood. And we can work on that analysis for you. W\*, CHAIRMAN LoCASTRO: Commissioner Hall and th Commissioner Saunders. COMMISSIONER HALL: I just want to go on re ®saying I don't want to get in God's way. COMMISSIONER McDANIEL: Chicken. COMMISSIONER HALL: Not me, no of nohow. COMMISSIONER McDANIEL: He's s r d. FATHER ORSI: You better be, too CHAIRMAN LoCASTRO: Coo er Saunders. COMMISSIONER SAUND st real quickly, this morning Senate President Passido o as here. She was talking about how this past session, h o s was workforce housing/affordable housing; she did a tremendous job in bringing some very significant legislation to the floor and ultimately being signed by the governor to address that issue, and I think that effort will pay off in terms of tremendous numbers of workforce and affordable ho sipig hits going up very quickly. Butt en 61tf, said, as we were talking about the veterans' nursing home, that oming year, she was going to dedicate her time to healt d to making sure that Floridians have access to quality c the message there is we have an advocate that is the Senate President, we have a lobbyist that is very effective, and now we have a staff that has a mission to seek funding from all sources possible. Dudley Goodlette and I had the opportunity to serve in the legislature back in the old days, and we can both attest to the fact that Page 129 June 27, 2023 the legislature likes to fund projects where there's a significant amount of local funding. This is one where it would be hard to top in terms of local funding. So I think you'll be successful in -- and I know Mr. Goodlette will be out there helping, and I certainly will as well. CHAIRMAN LoCASTRO: Yeah, I just want to add be �, NT call for the vote, so we've had a lot of people that have com tte' podium talking about how this facility is long overduer quired and how much they will utilize it from, you know, St thew's House saying how important it is that they utilize hospitals in town, how much they utilize it, our Sheriffs c I as going to mentioned Senator Passidomo, exactly her co nts. And then, obviously, this is a county cili y, but, you know, it's in partnership with working closely�w* *d Lawrence Center, but, obviously, this is a big advant you. So, you know, I've just mentiZ a lot of very generous groups, and I'm thinking of just how i sive our community, our 140 philanthropic communit fund the Baker Senior Center, how people stepped forward, a he important mission of that facility. This, to me, is something that is, you know -- not to say that the Senior Center is 'mportant, but this is at that much higher level when it comet j si ificant need. So I on' t Mr. Goodlette on the spot, but he represents a circle of pe that have cared about this community for a long time. I enj g on your road, sir. know that there's people in this room and outside of this ro o include Senator Passidomo, that to find that delta, especially when we committed to the blue ribbon option, I think that sends a signal that we're committed, but we need some assistance. So all these people that are going to benefit and utilize, you know, this facility, you know, our challenge to you is step forward Page 130 June 27, 2023 and make this a true community project. We're making the tough decision here on how to best use taxpayer dollars. But as Commissioner McDaniel said, we have a couple of deltas. And so if this is truly going to be a community project where we're all standing arm in arm and cutting a blue ribbon, money needs to come from multiple sources. And so we have time to do that, but, you �y we're making a big decision here. So having said that, I've got a motion -- oh, I'm so 've got Commissioner Daniel lit up -- McDaniel. Sir. COMMISSIONER McDANIEL: This is a c nt. I don't want to belabor the point, but while I have yo 1 h room, one of the things that our community's direly in deficl o is adolescent care. And so any expansion that you have the c city of putting in place, take care of the pipeline that's feed11g t system. That will reduce the requisites on the adult So as you're moving forwar 1, o s on the adolescent community. One of the most nctional facilities that we have is the operations over at th nd no slant on the folks that are in there working, but Mr. Bu ss and I have talked about this at length, the Sheriff and I talkedabout this at length, and the dire need for our community for cility for our adolescent population. And if y wa a long-term societal shift, work with the -- wor wi e young that are going to feed that adult pipeline, and you w ave the requisite of these cost overruns. That's just a little - e. �L IRMAN LoCASTRO: And to Mr. Finn, who's hiding in the back -- I'm looking at you -- on time on budget, or early and cheaper. As my grandmother would say, "capisce"? MR. FINN: Copy that, sir. CHAIRMAN LoCASTRO: Okay. We've got a motion and a second. All in favor of Option I? Page 131 June 27, 2023 COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Ave. CHAIRMAN LoCASTRO: (No response.) CHAIRMAN LoCASTRO: (Applause.) CHAIRMAN LoCASTRO: Opposed? t It passes unanimoU;I$ 0 Father Orsi around a basket for a collection. Just so you I count for Sunday church. He always tells me, collection, he'll see you on Sunday. Okay. County Manager, we're - MS. PATTERSON: Nope, CHAIRMAN LoCASTRO:. MS. PATTERSON: CHAIRMAN LoC 1 be passing , this doesn't 's no 11B? sing to -- sorry? we going to 11 B? going back to 9C. Ah, okay. jumping around. MS. PATTE SOI*. 11 right. CHAIRZ%l oCASTRO: clears. Item E I knew we were 9C is a recommendation -- Okay. Let's wait till the room ahead, Ms. Patterson. INANCE CREATING THE UNPAVED PRIVATE ROAD RGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT BY AUTHORIZING A LEVY OF NOT TO EXCEED ONE (1.0) MIL OF AD VALOREM TAXES PER YEAR. (THIS ITEM WAS CONTINUED FROM THE FEBRUARY 28, 2023, AND MARCH Page 132 June 27, 2023 28, 2023, BOARD OF COUNTY COMMISSIONERS MEETINGS) MOTION TO CONTINUE TO THE AUGUST MEETING BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO MS. PATTERSON: 9C is a recommendation that the adopts an ordinance creating the unpaved private road e repair municipal service taxing unit by authorizing a lev exceed one mill of ad valorem taxes per year. This item was continued from the February March 28th, 2023, Board of County Commis Ms. Trinity Scott, your department head Management Services Department, is he&i( A MS. SCOTT: Good afternoor� & Following our meeting in M Transportation Management Serl Commissioner McDaniel to specifically with regard Attachment J in yc j'�,IQb23, and the d'eting. ransportation Trinity Scott. Board directed .)kto go back and work with iron out some of the details of -out process. ida packet is the item that's up on the Board that provide some clarification just with regard to the items that we were dis sing during the prior meeting. The firs 's he dvisory committee makeup would be one represent 've Collier County EMS, North Collier Fire Control and Rescu rict, Greater Naples Fire Control, Immokalee Fire, as well ollier County Sheriffs Office. we would come forward with the list of roadways each that the advisory committee would submit a list of roadways that they deemed impassable for emergency vehicles, and that the disrepair is a danger to the health, safety, and welfare to citizens of Collier County. They would provide that list to the MSTU project manager. Page 133 June 27, 2023 The MSTU project manager would compile that list. It would be ranked by the committee, and we would develop a budget based on the anticipated revenues. So we would -- if we had 10 roads, we would develop a budget, and we would be able to go worst first as far down the list as we could based on the revenues. There was some discussion with regard to data manage , how would we document how we would -- how much mon e spent on each road. Those actual expenditures per roa would be documented in a manner just as we do with our o my roads, utilizing our Cartegraph software. That's our ass agement software. So we would be able to determine, s n any link -- we would save those work orders and be able to p a data from our system. And, most importantly, I think t biggest conversation that we had was about the opt -out policy. a hat would work. So in order to opt out, an ind' * v roperty owner would submit an application to the advi ommittee demonstrating that the road is passable -- the roa o 'ust their area in front of their individual property bou - hat there's a sustainable maintenance plan in place for the next fiscal years, and a signed statement agreeing to maintain the road and remove any obstructions that would impact emergeno services. That ap tion would go to the advisory committee. Based on the inform do ovided, they would approve the opt -out application. The pro e ner would then need to reapply at the end of five year irm that they have a continued maintenance plan in p at such time during that time frame that the road becomes im able to emergency vehicles and emergency maintenance is required, those previously opted -out property owners would become subject to the MSTU. That concludes the items that I have to present, and then I would defer to Commissioner McDaniel if he had any additional Page 134 June 27, 2023 information. COMMISSIONER McDANIEL: I just -- I'd like to -- if I may, I'd like to confer with the County Attorney with regard to this opt -out provision. I know we talked about it for quite some time, and it's been a bone of contention. My question is -- I don't live on Platt Road, let's just say and I own 300 feet of that road, and 30 feet of the 60 feet ealy Went that's there for the road. I choose to opt out, and my rained rs don't. How do we manage my 30-by-300-foot swath of Plaith regard to the maintenance? MR. KLATZKOW: The road's either b or it's not. If the road's being maintained, you can o Mt. That would be everybody along the road can opt out. If road as a whole -- it's like a chain. I mean, a chain is only a s its weakest link. You can't have your part of the ro ained and everybody else not maintained. COMMISSIONER McD L: So for clarification purposes, then, I live on Platt Roa oose to opt out of Platt Road. I have to agree to a satisfac maintenance agreement and keep the road up so that it's passable for emergency vehicles? MR. KLATZKOW: Yes. COMMI,SSJONER McDANIEL: For an ambulance. I think that's the s ' u ion we put in there was so was it was passable for an ambulance, use we have four-wheel drive sheriffs and four- ive fire trucks and so on. e entire road of Platt Road would be opted out if a property 0 on Platt Road chose to seek the application and opt out? MR. KLATZKOW: If the road's properly maintained, you can opt out of the -- you can opt out of the MSTU. COMMISSIONER McDANIEL: A property owner -- MR. KLATZKOW: All of them. Page 135 June 27, 2023 COMMISSIONER McDANIEL: -- on a road can opt out the whole road? MR. KLATZKOW: Yes. If they've been maintaining the road, there's no need for them to be in the MSTU. COMMISSIONER McDANIEL: And, please, I'm just -- trying to get this clear in my brain, because it's not what I -- t i language to me is confusing. MR. KLATZKOW: Well, from a history of this, w ss rted off where you would have a road that was impassable, and what we would do is we would go out there, declare the e i,ZQcy, fix the road, and slap on an MSTU to repay the Cou 's o COMMISSIONER McDANIEL: Thate t. MR. KLATZKOW: Your concept e was to expand that, so rather than do this on a case -by -case.. b 'd have an existing fund so that you can go there and ALs he road. COMMISSIONER McDAN MR. KLATZKOW: W Correct. I'm -- yes. are two new commissioners on the dais who may not have �*w aware of this history. So your concept was to�,expand this so that you would have a pool of money so that Viken a road was declared impassable, staff could just go ou ere and fix the road and be done with it. We wouldn't havq�go rough the process of setting up an MSTU for that NER McDANIEL: Correct. ,ATZKOW: So the premise is to fix impassable roads. If your maintaining your road, your private road, all right, there is no need for you to be in this MSTU. COMMISSIONER McDANIEL: Right, right. And so I'm coming back to my original question. Because the way I read this, the way I read this opt -out language, it was different than what you and I had talked about when we were in my office. Page 136 June 27, 2023 I have friends that live over on Rookery Lane down by the sanctuary, and one of them is a family member of a large road construction company in the community, and they have millings on the road. So they aren't going to be -- they can opt out of this MSTU and shouldn't have to because the road is quite passable. I'm trying to wrap my arms around the opt -out process fv property owner on a road. Can one person make a decisio all of their neighbors? O MR. KLATZKOW: One person can opt out, al t, but if the others don't opt out, they're in. COMMISSIONER HALL: Say the wa a nderstand it, the road -- the whole road has to be passable -- MR. KLATZKOW: Yes. COMMISSIONER HALL: --,or can opt out? MR. KLATZKOW: Correc . COMMISSIONER HALL: o the road -- if you've got five property owners and the one y owner in the back has his road all jacked up, nobody ca p t. lq�So the pressure would be on -- in the neighborhood. It wo dji't be on us. COMMISSIONER McDANIEL: I understand. I don't want the pressure to b n us. And, again, for history purposes, I mean, I'm the presi o little homeowners association in the Sanctuary from the y ar 0 when Commissioner Coletta was sitting in this seat, and b those days, we used to try to establish an MSTU per road, t never came to fruition. And then we moved into t ' - system that's been going on for the past 23 years where an emVncy's declared. And so my thoughts were if everybody that were residing or accessing the property via a private road paid a little bit into the system, into the kitty, we would then, ultimately, bring all of the roads up to be traversable by an ambulance, and we wouldn't have Page 137 June 27, 2023 these emergency circumstances. So the question on this opt -out -- I like the idea of an opt -out because there are some roads that are private roads that aren't requisite that don't need to be party to this. But I'm just looking -- I'm just trying to get the semantics of who can opt ou d who can't. Oil Grade Road goes from Oil Well Road clear up to Io alee Road. Collier Enterprises owns both sides of that road. (Dey can -- they can take care of their own road. There's y else that's on that road. They can opt out -- they can o of the MSTU. That's just one that strikes -- Rooke -- ery Lane is some of my neighbors. Last week at the CIN eeting, at the Corkscrew Island Neighborhood Associa ' meeting, some of my neighbors on Rookery Lane expressed MS. SCOTT: So my under -- and Jeffs going to -- Jeff s going to correct me if I' rong -- if there are five -- I'll go six property owners on a r , if the roadway is not passable, no one can opt out. If t ay is passable, each individual property owner would nee t opt out. MR. KLATZKOWs es. COMMISS ER McDANIEL: Okay. MR. KL W: It's an affirmative action to opt out. CO I NER McDANIEL: I'm fine with that as a trial basis. I w ike to cap the first year at a half a mill with an acco t oming back and not -- set it at a maximum of one, and as witiM of these MSTUs, we can adjust accordingly based upon the ed al determined expenditures. So that's one of the things that I wou-- I would also like to adjust here. Set it to be a maximum of one, but the first millage rate levied would be a half a mill. MS. SCOTT: And, sir, I think that you would actually be setting that millage rate next year. Page 138 June 27, 2023 COMMISSIONER McDANIEL: I understand -- MS. SCOTT: Yep. COMMISSIONER McDANIEL: -- but I want the language to stipulate that the first levy would be a half a mill. MR. KLATZKOW: That -- your ordinance provides a cap one mill. During your budgetary process, you will set the mi 1 all of your MSTUs. COMMISSIONER McDANIEL: I under -- yes, sir. Okay. MR. KLATZKOW: Okay. CHAIRMAN LoCASTRO: Commissioner ers. COMMISSIONER SAUNDERS: I hav c 1 of questions. And I understand where you're trying to get to i t is, Commissioner McDaniel. I was initially opposed to this, p I still am, but I want to explain why and then I want toS A w questions here. We have 105 miles of unpaads, according to the executive summary, and the taxable val ated 372,700,000. One mill was going to raise 372,9 think we're talking about raising $1865450. COMMISSIONER McDANIEL: Plus or minus. COMMIS§�O,NER SAUNDERS: Plus or minus. Now, I 't k ow how much staff time would be involved in developin thi NThat would be one cost that would -- you'd bear that cost in loping it. Then every year we would collect $18610009 t we have to have some way to monitor who opts in, who opts out, what roads are going to be repaired. And I'm wondering if you have any idea as to how much it would cost just to maintain and operate this type of a system. Because we have a lot of MSTUs, and they're time intensive, but this is one that seems to me that would require additional staff, perhaps. That's a question. MS. SCOTT: It may. What I'm going to tell you is for right Page 139 June 27, 2023 now, our intention is to start this program with our initial Multiple Services Taxing Benefit Unit staff that we have. We have two project managers. You note that in these requirements that I put forth, these determinations are made by the advisory committee, so it is not o staff member, our team member, who is going out. So they collect the information and present it to the advisory comm' , trying to reduce that burden on the county team membe Iluch as possible. COMMISSIONER SAUNDERS: Okay. Srro)gram cutive summary says that -- down at the bottom just h growth management impact, it says, if the unpaved ro is approved, the level of effort necessary to ' lement the program will be evaluated, and staff will report b4c 3oard if additional staff or other resources will be required. -�, long will it take you to do that? MS. SCOTT: We need what the initial opt -out -- we don't know. If no one o it's not really a huge over -- you know, there's not a whole erwork burden and all of that. So it's probably going to take us a good six months to be able to evaluate what's coming in, etcetera. COMMISSIONER SAUNDERS: Okay. And then I think this probably ou16.,be a question for the manager and perhaps the County Att Is there an alternative way to do this? I know that ther ' een some discussion about spending public money on a p Q i�ad. But if we have an unpaved road that's impassable, sody calls and complains or the Sheriffs Department advises you that a road is impassable, I think in the past we've simply gone out and fixed those problems. MR. KLATZKOW: The current policy is that we will go out, fix the road, and then charge back the cost to the community through Page 140 June 27, 2023 an imposed MSTU. COMMISSIONER SAUNDERS: Has that process worked well or -- MR. KLATZKOW: I'd have to defer to the County Manager or -- MS. PATTERSON: I have not heard of problems with l other than we wouldn't know necessarily of every road that' impassable. But I'll look at Trinity to see what problen)Aaa e arisen from your side. MS. SCOTT: We have -- since I've been in have set up, I believe, one. It's a process that in it. But, yes, it is a process that does work. of being able to do it right now. esition, we We're reactive have a method COMMISSIONER SAUNDEP�S: Then I guess just from your -- I hate to put you on tl+e Spo , but I'm going to put you on the spot then. Maybe this is a ti n for the Manager. Is this -- is this, in your mind, the best w o about this? If it is, I'll support it. If it's not, then I wo ' . ause I just don't want to create undue burdens on staff, we're no king about a whole lot of money here on an annual basis. Aiyd so is the -- is the burden going to be worth the -- is the pai rth the gain here in terms of what you're going to get, or I gues sa , is the juice worth the squeeze? Is that the way it works? LoC COMARAPSIONER HALL: You said it before Commissioner GIMIRMAN LoCASTRO: Dang. I wanted to end with that. MS. PATTERSON: Commissioners, I think to Trinity's point earlier is that we don't know. It could be a very simple process if we don't get a lot of opt -outs, but I think the opt -outs have always been the question, is the layer of complexity that the opt -outs start to add, and then where do we go from there? We're still at that point left Page 141 June 27, 2023 with -- we still have our existing process. But this is an attempt to be more proactive, potentially, but the question becomes the tolerance of the community on those streets that are the ones that are affected and whether or not they will try to opt out or will want to. COMMISSIONER SAUNDERS: Okay. And then jus 6&' last question for the County Attorney in terms of just kind uring out the boundaries of this. Typically you have an MST t has some defined boundary, I think. MR. KLATZKOW: Unincorporated Collier ty. COMMISSIONER SAUNDERS: All r' t. o ny unpaved road in the county, you don't have to go throug a y descriptions of those roads or anything? It's just -- MR. KLATZKOW: I think staf 10taff knows what the unpaved roads are. �, COMMISSIONER SAUND All right. Thank you. CHAIRMAN LoCAST &ommissioner McDaniel had a follow-up. IQ V*Md " COMMISSIONER ANIEL: And, Commissioner Saunders, just to -- can k-- just to answer maybe a couple of questions? COMM O R SAUNDERS: Absolutely. CO I NER McDANIEL: There have been three imposed s since I became the commissioner for 5. All three were --?n as a duplicate on -- Blue Ski, I think's the name of the roVVtthat goes up to the Nancy Payton Bird Sanctuary, a Co my -owned piece of property. It fell off into the crick. It fell off into the canal due to a lack of maintenance even from us, the County, that utilize the road to access a county road -- or a county property. And then -- MS. SCOTT: Blue Sage and 42nd, I believe, were the two. Page 142 June 27, 2023 COMMISSIONER McDANIEL: Blue Sage. And then Platt Road, ultimately, as well. I lost a friend on Platt who -- Rita Greenberg, back when the Corkscrew Fire Department was still in existence, couldn't get to him. Actually, Rita -- the road washed out so bad that it was an $11,000 one-time expense. The rationale with this is to take �+ proactive stance to assist our residents that need emergenc ices with this -- with this process and do it in a far more costoative manner. y These -- the Platt Road, it was known that w shout for years, literally years, and could have easily bey i or several thousand dollars, not $11,000. Blue Sage cou ave been fixed the first time for several thousand dollars, no j,000 twice. 43rd was -- 41 st down off of Everglades,th<,�V_nother one. And so the rationale here is t S, proactive stance, get -- the other side of this equation is -- an re not hearing from a lot of the folks that live on private road se they're tenants. There's a landlord that owns -- tha hose properties. Especially when you move out further into east into the Immokalee area, there's some roads that I have �*ou le getting around on even in my four-wheel driv . The oth Xsitn you had was administratively. We do have staff now at i ware of these private roads. Each time we created an emer e STU, we charged an admin fee. We will be char dmin fee here as well, but it will be one for the whole c t one for each -- and it costs about the same whether you're to care of a mile -long road or 100 miles of roads from an administrative standpoint, so that was my other rationale for taking this step. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Page 143 June 27, 2023 Yeah, I know we revisited this. This is probably, what, the second or third time since I've been on the committee -- since I've been on the committee, I think it's about the third time we've discussed this. And we are definitely getting more details, especially on the S, opt -out and the opt -in, and we're seeing a lot more informatio I And I know we keep talking about reactive and proact' and I don't -- I haven't seen a real description of how we're go' be proactive identifying the roads before it becomes a p or being brought to our attention. The way it is in the past ' ically an ambulance or a fire truck or your sheriff has t ' e down one of these roads, and then we notice it, and then we dress it, which was the old way to address it, and if it's that b we fix it, and then we tax them appropriately to reimburse.o in the County. But I see -- we're talking abo, 've. I think we're reactive [sic] on the part that we're collects e money up front. And what I'm seeing here, I don't see a of of description of how we're going to be reactive [sic ifying before it becomes a problem. Because once the deputie - or ambulance is going down the road, it's the same exact cen�rio it was before -- that we had before was, basically, they'r entifying it, and we address it. The diff e ce now we'll just have money available before that, and t at's what we really are trying to achieve here, right? I mean, we -- we want to have ahead of it -- be ahead of the what is the difference in what I read before and now what we eading now of what we're going to do proactive to identify these roads before it's too late? MS. SCOTT: What you're going to have is you're going to have twofold. So the current process is we are notified, and then we have to come to the Board. So I would be -- Page 144 June 27, 2023 COMMISSIONER KOWAL: Notified by who? MS. SCOTT: We are notified, I'm sorry, by the -- either the Sheriff or EMS or fire. COMMISSIONER KOWAL: So it's the same exact process? MS. SCOTT: Yes. So that's how they come forward to u , ut then we have to come in front of the Board. So that is a dela beingable to et out there and address the situation. So wZu d g have this kitty of funds, if you will, to be able to addres toe in a more immediate stance. Currently -- our current program, because the t come in that often, we utilize our own internal team. r aintenance will typically go out and address the situation. I'm pulling resources from another -- from another, y know, critical action that they need. COMMISSIONER KOWAL. Ok . MS. SCOTT: So what we w u d do with this would be actually put a bid out, have a contract o all to be able to contact a contractor to get them o so I'm not reallocating my existing resources. Having -- when thW're just kind of willy-nilly coming in, it's difficult to get a tractor on board to say, yes, I'm, you know, on board with t og m, and I'm going to be available to you to be able to be t th op of a hat. So this will allow us to put this out to bid as well SSIONER KOWAL: Okay. So, like I said, so -- you k mately, we're still only identifying the problem when it's br t to our attention? MS. SCOTT: Absolutely. COMMISSIONER KOWAL: The only difference now is we're proactively collecting the money ahead of time other than addressing it either with our own resources or having a caveat to fall back on Page 145 June 27, 2023 with somebody we already approved as a contractor that can do the work for us? MS. SCOTT: (Nods head.) COMMISSIONER KOWAL: So I guess on the lines of Commissioner Saunders -- and how much more bureaucratic re e and people involved now to manage this portion of it when it down to having a third party doing the work for us? It's to have some sort of pull on our manpower. MS. SCOTT: Absolutely. We just don't know�o�at extent because we haven't implemented the program yet. COMMISSIONER KOWAL: Thank yo CHAIRMAN LoCASTRO: Commissiori�rI aniel. COMMISSIONER McDANIEL: AA on that note, there's been some discussion about the County rho and and already bringing on new employees and n s to take care of the stormwater circumstances that we a , drainage, so on and so forth. Would those assets be able to ropriated along these lines, or do we have to go out for a b* idually on the roads? Could -- I mean, if we got notice tha - and it passed through the -- there is a review committee f the EMS, the fire, the Sheriff, to be -- and all three fire depart ts, I think, are included in that. Would we be able to utilize as is that we're already planning as a group to be -- obvi sl , hen they have spare time. MS. : Well, what I would tell you, Commissioner, is they' ing to have spare time because, you know, I'm just b9te em all the time telling them to work, work, work. y preference would be not to pull those additional resources overyimportant job that they need to do, which is taking care of the swale maintenance. That program that I presented to you, I was still barely within the industry standards of what we anticipate it being able to get done. Page 146 June 27, 2023 What we would do with this is put a bid out. We would have a contractor that would be -- we would be able to call to be able to go out and do that so that I was not taking important resources off of County -maintained roads -- COMMISSIONER McDANIEL: Gotcha. CHAIRMAN LoCASTRO: -- Ms. Scott, when somebo wants to -- they think their road's serviceable and they want pt out, they have to prove it to somebody on the county st f� Somebody -- MS. SCOTT: The advisory committee. CHAIRMAN LoCASTRO: Okay. An e a -- in the past, has there ever been a discrepancy where our v si n of the road being serviceable and the person who wants to to opt out, their version is, you know, in conflict? MS. SCOTT: We've never _ 'r, we've never had this program before, so -- CHAIRMAN LoCAST h, okay. MS. SCOTT: -- w er had the opportunity to opt out. How it has been in the pa ks we get a call from the fire department or EMS that says -- CHAIRMLoCASTRO: Couldn't make it. MS. SC t- we can't get down this road. And what I want to say is, I o t to preface this because I had this conversation with Com ner Kowal, we're not leaving people at the end of the roaa. IRMAN LoCASTRO: Right. S. SCOTT: Our first responders are MacGyver, if you will. They will get there. They will get someone. If we can't get an ambulance to them, they will get them to the ambulance. So I don't want anyone to think that we're not -- we're just saying, oh, sorry, we can't get there. It's not that at all. Our first responders are amazing Page 147 June 27, 2023 and do amazing work to try to get to people and get them out to an emergency vehicle to be able to get them on their way. But -- so we haven't had this opt -out provision in the past. It's been the road's impassable; we need you to get out there and do it, so we establish the emergency MSTU. :� CHAIRMAN LoCASTRO: I was just trying to think o t of where there could be a crack in the armor where, you kn our version of a passable road and the person who wants to �ut, their version is different, and, you know, we're in -- we'reId agreement because, you know, some people want to just opt ckly and go, the road's fine. I'm not paying anything, boo en we're like, well, no, it's not. And so what's the stan r But like you say, we'll have to wait and see how that -- MS. SCOTT: Absolutely. Apd isory committee made up of emergency responders. �, CHAIRMAN LoCASTRO: e ponders, yeah. MS. SCOTT: Those are es who can tell you can I get my apparatus down that roa CHAIRMAN LoCA O: Right, right. Commissioner Mcpaniel. COMMISSIONER McDANIEL: Yeah. And I haven't belabored the 'ntN(ith a lot of stories, but there's a lot of stories. I mean, the r 's -- u know, as Trinity has so adeptly said, our first responders etter than MacGyver. They get to the people that, in fact, d have to have the assistance. ther side of the equation is there's more that traverse these ro an just emergency vehicles. We have -- there are other -- there are other facilities, trash removal, so on and so forth, that will receive less wear and tear all the way across the board. So staying within the bounds of the law and taking public assets onto private property, we're not -- we're not taking -- we're not June 27, 2023 condemning or eminent domaining any property. We aren't bringing these roads up to a level of service that would requisite that they would be ultimately donated to the County because of all of the Florida Department of Transportation's requisites. This is strictly a health, safety, and welfare maneuver to better assist our residen these areas. �+ CHAIRMAN LoCASTRO: I just wonder if we're goio have a resident or two that says, yeah, I know these guys eall MacGyver, so my road's fine. They'll make it. But it's trot really up to our standard. But, you know, their takeaway i e but it's good enough. These guys won't leave me on d; that's why I'm opting out, and then, you know, we have some - n I guess it remains to be seen if we're going to have kind of that sort of pushback. 0 5 MR. KLATZKOW: But them c n opt out without the committee allowing them to optAQix cannot opt out without the committee allowing them to CHAIRMAN LOCA^ COMMISSIONER flowing them to, yeah. ANIEL: Number one. Number two, if they opt out and it becomes impassable, they don't get to opt out twice. CHAIRI CASTRO: Yeah, I gotcha. iss% er Hall. COM IONER HALL: My thoughts are a couple. You don't i at we're creating a bureaucracy by doing -- I mean, I say that - say that, that's my concern, but at the same time, the frequency of the repairs, you said once. Commissioner McDaniel said three. So what is the frequency of the repairs that we have to do? MS. SCOTT: So as I stated, since I've been in this position, which is about a little over two years, we've had one roadway come Page 149 June 27, 2023 forward. Commissioner McDaniel's had three roadways come forward in his tenure. So it is not something that -- COMMISSIONER HALL: It's not something that's ongoing. MS. SCOTT: -- has been frequent, but that is just my experience with it. COMMISSIONER HALL: So, you know, I guess the best thing that could happen is that we could have the majority of the people opt out because that means their roads are passa COMMISSIONER McDANIEL: Basically, ye COMMISSIONER HALL: And then again opt out, I mean -- or if you don't opt out, then you're su ct a f a mill or whatever. And if you do opt out and we have o ome back and do your roads, then it should be twice that m here should be an incentive to keep your road passable is ughts, you know. And I like -- I like the fact th hole road has to be passable for anyone to be able to get awa o it, and if they don't want to be taxed -- there's two things: T ould want to keep their road passable for their own h eople are willing to risk that. That's why it's obvious that the r s are in that condition. But what they won't be able to do for their health, they will be willing to do for their pocketbook. And $1 00, I was thinking, as much as -- as fast as we spend money aro nd e, that's not -- that doesn't seem like very much. But when ay we could do one for 2,000 or one for 4,000, that 186- o go a long way. So what do we do if we get a -- if we do t e get a surplus of funds and we go one year, two years, th ears, and then all of a sudden we have this big money thing, wha do we do for the homeowner? Go ahead. COMMISSIONER McDANIEL: Am I allowed to answer it? CHAIRMAN LoCASTRO: Yeah. Commissioner McDaniel, Page 150 June 27, 2023 go ahead, sir. COMMISSIONER McDANIEL: Number one, those were my estimates of the cost if the issues had been addressed when they were needed to be addressed and they weren't exorbitant expenses of 11-, 12-, 22,000 twice on Sage and so on and so forth. Those woul have -- up front, number one. �+ Number two, there are a lot of people that are not here foay that were here before when this item came forward before that live on private roads but don't own the property, and so the that own on the property. COMMISSIONER HALL: That's anothe -di COMMISSIONER McDANIEL: dynamic that's added into it. ,landlords Imic. y another Number three, one of the reasops 'Asked to set the first year at a half a mill so we have a lei mount, we have a budgeting process that we'll be a lfw� go through, see what we're doing. As we have done in 8ft f7aA, before you came on board, we have had other MSTUs that becVe full. I was going to say glutinous, but full. And so rathe than eliminating the existence of the MSTU, we lowered their to to to zero. We just moved it. We -- COMM.O ER HALL: It still stays there but just zeros it out? COMAJMSIONER McDANIEL: We adjusted the tax rate in an appropr' anner based upon what the actual needs for the e i es to support whatever the reason that MSTU was, in fact, in e, and that's my plan with this as well. COMMISSIONER HALL: Sure. COMMISSIONER McDANIEL: So constant monitoring, management. Again, it's going to be the worst -first process. The first few years are going to be heavier in expense because of Page 151 June 27, 2023 the -- because of -- the initial repairs are more expensive. And then the ongoing maintenance, in theory, should be less. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I guess I'm going to throw another thing in the fire here just we can have a conversation about it. The opt -out, which I like the idea that the whole lengtlt e roadway beyond all the properties have to be maintaine 0 certain standard for the whole road to opt out, but at the sam , I live on a road with six other neighbors. Let's just say we it upon the property value of what you're going to pay. t a y the only way we can do it. So I'm talking about fairity here, lik hats fair. And my section of the road in the frontage of is maintained to the certain standard, but the guy at th its, the road, two houses down, doesn't take care of his house. Hi se is worth half of what mine's worth, and he doesn't t re of his portion of road, but I'm stuck paying more mone is fund than he is to maintain the piece of road that doesn't w me to opt out. I don't know if that's fair. I'm just putting itAut there. CHAIRMAN oCASTRO: Commissioner McDaniel. COMMISSJO ER McDANIEL: And, again, you know, what I perceive a fai d what you perceive as fair sometimes are two different th The rationale here is, is for everybody that accesses their property to pay a little bit into this account to be able to take care of all of the roads in an equal basis. Again, there are -- it's difficult to ascertain, ultimately, what's fair and what's not. And my particular road on Redhawk Lane, it's accessed by two other private roads that run up and down Redhawk Lane for their primary access. You can't hardly get down their lane to get to where their actual house is. Page 152 June 27, 2023 But they -- I own my own motor grader. I used to own my own rock company. My road's in pretty decent condition, but these other roads are virtually impassable, especially in the summertime. This is when this circumstance -- right now we're just coming into the rainy season, so we're not having a lot of issues. This was my answer to a circumstance that's been going► this community for a long, long time, and I -- as you both k , as you all know, I'm not a huge advocate of increased taxa ' . I'm certainly not an advocate of increase in bureaucracy, is is a -- this is a health -safety -- and that's primarily w ought it forward is this is a health -safety issue. Agai a riend on Lilac because Rita couldn't get to him, so -- which is c e sed off of Platt Road that -- that became impassable. COMMISSIONER KOWAL: �An k that's -- the other issue I brought up earlier is how d proactive to identify these things before we do lose a loved o e d then use the money properly? COMMISSIONER EL: Right. COMMISSIONER AL: And I don't -- that mechanism -- if we could figure that mechanism out, I would feel better about it, b don't see it yet, because it sounds like the same way we ident'&!hebf are after it's already a problem. The only difference * s w ave money to use, you know, then -- you know. So that's w m saying. if we want to look at it as a public safety thing, we have to 1 ok at the nuts and bolts. How does it make it safer? And if 's a way that committee can form some sort of task force that physically goes out and inspects these roads, you know, they set time aside and so many roads, and they do an evaluation of these roads and bring that back, and then the people have the opportunity to argue if their road is -- meets a certain standard or not, but it will be Page 153 June 27, 2023 identified before we have to run an ambulance down there, before we have to run a sheriffs car down here. Because I think the only mechanism in place now we have to identify them is the same exact one we've had in the past, and by then it's too late, especially for, you know, the commissioner's friend. You know, that's not the time to recognize it. So if that portion was clearer to me, it would make it er for me to swallow the pill, because I do believe in public saPObelieve me. Any -- believe me, I definitely believe in it. I served 28 years in it. I know how important it is. So -- but to be proactive, you have to act 1 proactive. We can't just use it as a cliche or a word to say, we , ere going to be proactive, and everything we put in place ' 'us reactive. So if we can look at this -- I don't want to po§tp I think we've postponed it long enough. N COMMISSIONER McDANI NI have a comment on that. Burt's first. COMMISSIONER CHAIRMAN LoCA o ahead, Commissioner. Let me let -- Commissioner Saunders has been waitim . " Go ahead, sir. COMMIS ER SAUNDERS: What's the timeline on this? So if we appr th today, does this go into our budget -- our current bu et 're working on? MS. : No, sir. It would be next year. SSIONER SAUNDERS: So if we -- just a hy4fte i al question. If we approve this in January of 2024, would it o o into the 2024 budget, or would it have -- I'm trying to see if we Have some time to evaluate a couple of these questions. MS. SCOTT: I believe it -- I believe it has to be done before the end of the year to be able to get to the Property Appraiser. Is Mr. Finn still in the room? He's not. Oh, yeah, he is. Page 154 June 27, 2023 COMMISSIONER SAUNDERS: I think that's right. I think as long as it's done this calendar year, I think we're in good shape. And Mr. Finn is nodding in the affirmative. County Attorney hasn't nodded one way or the other. MR. KLATZKOW: I just forget, to be honest with you. N COMMISSIONER SAUNDERS: He nodded off. �l So if we do it this year, we're good for the -- in other w64s`, if we don't do this today but we get staff to do some evalu and we come back in a couple weeks or we come back at an eeting in August, we can still do this this year? CHAIRMAN LoCASTRO: Still get it i n e. MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: y. The reason I'm asking that is I think there have beeia a gitimate questions. I support what you're trying to do, 1,1 * sioner McDaniel, in terms of fixing these roads. I just don't a t to create a bureaucratic nightmare for a couple of staf le, because I would be supportive of putting $186,000 in o to cover those expenses on an annual basis if that's what That's simple. It's easy to maintain. I know Trinity Scott has indicated that she doesn't want to drag people off of important projects, but if there's an emergency and we have a fund a a able, and -- I'm sure we could get the work done. I just don't ant reate a bureaucratic nightmare for a couple staff people or s a lot of money to collect a little bit of money. ybe we need some more evaluation. That's all I would s e staff really dig into this and tell us what you re - what this is going to cost, what it's going to really entail. May e you can't do that, but just a thought. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Do you want to answer his question before I go? Page 155 June 27, 2023 CHAIRMAN LoCASTRO: I'll call on McDaniel. COMMISSIONER McDANIEL: Who replaced Harry Sells? MS. SCOTT: We have two different project managers there. But we have a project manager that's identified for this if it goes into place. COMMISSIONER McDANIEL: Well -- and Harry di l�at with our private roads. And that question you were askin th of you were asking with regard to -- we already have ident' -- our staff s already -- at least they did at one time -- identified the private roads and driven on them and inspected them andAt rt of thing. So I mean that aspect of it was ongoing way c the da . > p g g Y Y MS. SCOTT: Well, what I would -- if I u d respond to that, that was done many years ago when this inally came up, I think, maybe back in 2000 [sic]. So it's bye ears since the team has been out on the roads. COMMISSIONER Mc;NI Okay. We could use that as a base. COMMISSIONER There's a lot of potholes. COMMISSIONER NIEL: They haven't gotten any better. Those roads that were in poor condition haven't gotten any better, I can promise you that. So we can use -- necessarily, we can use that as a base. I me th1- - this is -- this process has been ongoing for quite some time hRft known circumstance. mmissioner Saunders, I thank you for saying what you sai , e thought process was -- that I had here was we -- if this or ' ce, in fact, passes and goes forward, we have a known revenue source we may be able to backfill in advance even this year to be able to take some -- take care of some of the worst roads knowing that there's a revenue source coming back to replace it. Of course, that will be up to Mr. Finn to figure out whether he's got an Page 156 June 27, 2023 extra penny or two laying around. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: So if we pass this today, we have till the end of the year to kind of -- to line up the details of it or to hear the details of it of how it's going to actually play out, or if w -- COMMISSIONER McDANIEL: No. Well, yeah. COMMISSIONER HALL: I mean, there's been seve� questions. There have been some good points. O MR. KLATZKOW: The timing is only as to w e tax collector actually could bring the money in. COMMISSIONER HALL: Okay. So n t have -- MR. KLATZKOW: What Commissione c aniel is saying is if we pass this ordinance now, you can to this MSTU the money now, and they get paid when the moni oming back in. COMMISSIONER HALL: �. my question is more about the details. MR. KLATZKOW: StaJNt going to know the details until they actually start worki �!i's. MS. SCOTT: Corre So if you pass it today and we come back with establis Inge advisory committee, et cetera, we can get the advisory cor#kttee meeting. This will not go on the tax roll until next Oc r -`-�6r November, sorry. So it will not be in this year's tax 11. Nwould be next year. So we would not technically start collec ' oney until next year. That does not negate the fact that isory committee couldn't start working and identifying the ro We would certainly want to get started procuring a co rat so that when the funding is available, we have our contractor on board ready to go. COMMISSIONER HALL: I guess I have a feeling that we have the cart before the horse. So what if we don't like the horse? Can we change -- can we just change it -- Page 157 June 27, 2023 COMMISSIONER McDANIEL: Sure. COMMISSIONER HALL: -- if we don't like the details? Okay. And then the other question is, how does the existing payback work? Does it work on property values, or does it work on shared expense? MR. KLATZKOW: Property values. �+ COMMISSIONER HALL: So the unfairness is still i44 ce right now. 0 COMMISSIONER McDANIEL: Perception. �. COMMISSIONER HALL: The perception unfairness. COMMISSIONER KOWAL: Percepti fairness. CHAIRMAN LoCASTRO: Clerk of Co . MS. KINZEL: Well, I was hoping 'd get to answer some of my questions. But let me bring fogy of the complications I saw. First, yes, it creates bureaucr And then when I hear the County Attorney say things li 11, we'll lend it all the money, and then we'll get paid back, only takes county staff, but that takes accounting staff for 6,000, which is just based on an estimated half a mill collection. But I have not heard to date what would be the tot ost of repairing all of these 140-some roads. Because e's y concern. You collect base on a millage, which is d' a a little bit based on property value even though you're all o same road. Right now you have an assessment that is eq o those people that did not maintain their road. That's a li 't 'fferent than a millage that is based on your property value, no elationship to the repair on the road. Also, what happens is first year you get five people that may be the worst. Everybody's contributing. They eat that up amount. Or the people that opt out, you say they can rejoin in five years. Well, I would try to opt out forever, because then I wouldn't at least have to Page 158 June 27, 2023 pay it for five years, and maybe that cycle will come around and I'll be the worst road, and I'll get it paid with other people's collection. The timing is what I'm having a struggle with. And I was hoping we would get there, but I don't think you can until you know the total cost of what it would be overall to fix all of these roadsz*,,,, current standards and maintain it. So I really tried not to intey but I don't think you're there -- COMMISSIONER McDANIEL: But you did. MS. KINZEL: I'm sorry, but I don't think you'r re yet, and it is creating a bureaucracy that we have to accou nd manage, and these questions are still outstanding. So postponing it a month or so, let's get a tt e bit better -- I don't know how much it would take to ge i ea on these roads, but you're trying to tax for something that 't even know what the total cost is. So I had to say that. 5man a you. Sorry. CHAIRMAN LoCASTRO:irMcDaniel. COMMISSIONERjMcD L: Yeah. I certainly appreciate the Clerk's opinion with how this is going. There's already an ment. We already pay an equal payment based upon otVproperty values. But the people that access their property orb ivate roads receive no benefit from that. Those -- the o ert taxes that we pay on an equitable basis are for the pubgs d the access and maintenance on our public roads, not on ate roads. So this was an avenue for the folks that acceonly access their properties via a private road to pay i bring all of those up to standard. T e cost -- the cost is going to vary based upon the condition of the private roads, and there will be a period of time for people that live on Redhawk Lane that won't receive any maintenance or upkeep on that road because I own my own motor grader. CHAIRMAN LoCASTRO: Has any analysis been done on the Page 159 June 27, 2023 roads as far as what the estimated costs would be to bring the ones that aren't up to standard up to standard as the county -- as the Clerk of Courts mentioned? MS. SCOTT: No. And as Commissioner McDaniel stated, it's going to vary based on usage. It's going to vary based on rainfa that we get. You know, a road this year that was passable, n r may not, depending on usage, and if we get, you know, an ance of rain, you might have washout. 0 So it's not something -- these are not paved road These are lime rock roads. These are dirt roads. These nd roads in some instances. It is -- it's a varying thing. tated, when this came up a few years back, we had a team e ber who went and spent a lot of time to go out and assess th ads and look at the roads and see what was passable and what w hat has not occurred for this exercise. We do have his information t e had before. In my conversations with fire and E sked, do you assess the roads? Do you go out and drive a regular basis? They do not. They do it based on comp ints that come in or if they go to a call. So if they get a complaint from a homeowner that says, I don't think that you c et your apparatus down this road, they will go check it out. he can't, then they notify county -- they'll usually come to m� an hen we go forth with the establishing of the emergencyV4m u . AN LoCASTRO: Commissioner McDaniel, do you w o ake a motion, or do you want to delay this? COMMISSIONER McDANIEL: I'll make a motion for approval of the proposed ordinance with the cap to be at one mill and that levy at half a mill the first year. CHAIRMAN LoCASTRO: I've got a motion. Do I have a second with those changes? Page 160 June 27, 2023 (No response.) CHAIRMAN LoCASTRO: I'll second it. So I've got a motion and a second. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah, just real quickly o the motion, I support what you're trying to do. se COMMISSIONER McDANIEL: I understand. 'V COMMISSIONER SAUNDERS: I'm just -- I'm not comfortable creating this countywide MSTU because I just don't understand how much work is going to be requireA V this done. This may very well pass, and, if it does, that's �a ,, But if it doesn't pass, then I don't think that's the end of the iss lecause I would like to, at some point if this doesn't pass, talk Allt how we can fund this and how we might do it as an alternati I'm just concerned about the bureaucracy that's going e with this. I just don't understand it. _ CHAIRMAN LoCAS COMMISSIONER issioner McDaniel. And, you know, Commissioner Saunders, Yv' and I have been around here a long, long time. And, a ain.4 -- we, the community, our road transportation d ment, we don't hear anything about our private roads in the 'n erti e when they're passable. It's only in the summertinLe w the rains come and they become impassable. This c stance has been going on since time immemorial, and this - the efforts that have been done in the past have been excessivorly expensive because of the time associated with the reparations that were requisite. Again, I cited Blue Sage over there on -- off the end of Garland that is a private road accessing county land, and it fell off into the -- I call it a crick. It fell off into the canal twice. And I actually remember -- I offered to -- I offered to go grade Page 161 June 27, 2023 that road if I could get somebody -- the County to park a motor grader down there just to go fix that road so that it stayed passable. And there are people that live down there, residents that live down there as well. So -- and, again, this -- this is an answer to an ongoing circumstance that hasn't been -- in my personal opinion, hasn't rectified, hasn't been taken care of, and we have -- a lot more -good can come from it other than the little bit of -- little bit of Qk that's associated with it, so... CHAIRMAN LoCASTRO: Yeah. The rea econded it is after hearing you -all speak back and forth -- a c rl , you know, you can make the points either way. I really - ea ly didn't look at it as bureaucracy. I look at it as it's goin take effort and work, but bureaucracy means something alit 'fferent. So unless somebody can explain it to me, I ow that that's the first word I would reach for. Is this going to take effo e staff? Absolutely. And there's a lot of things we ere that take a lot of effort. That's why we vote on them. So I think it's going to take -- it's going to take work and effort, but I don't really look at it as government overreach or bureaucracy or those sortuf things. I'm not saying it's perfect. But, you know, if anybody has a ing to say -- and obviously the Clerk of Courts does. We n't taken a vote. You know, we're here to debate and talk. M9VKINZEL: Chairman? Mr. Chairman -- ,,�HAIRMAN LoCASTRO: Yeah. MS. KINZEL: -- thank you. I think when we reference a bureaucracy, it is the dollar value of what you're able to collect versus the expenditure of all the costs to account for it, to monitor it, to account for it. Page 162 June 27, 2023 And when you talk, is it even going to be half a mill for 182,000? Going back to Commissioner Saunders' point, what are you creating the cost for all the departments to handle this versus what would it cost to do it maybe another way? Going also back to the millage versus the current route, if this has only happened thr times in the last seven years, that is creating a real bureaucrac monitoring, evaluation, billing, collecting, accounting for it oss all of us. And you're only talking about, what? What's t 041 population? And if I were on one of the dirt roads and mvAw bors weren't taking care of it but I couldn't opt out -- beM�YyNo een taking care of m segment, and then I keep paying in doesn't even Y g � pp Y g get fixed until four worse roads get fixed, 1 imk you're going to have some public outcry if that occurs. I don't know how many peop 1 that this is potentially occurring, but they will when the e to opt in or out or get those notifications, because you hav 't oticed anyone that this has happened to, have you, COMMISSIONER ANIEL: Madam Clerk. MS. KINZEL: Yes. COMMISS ER McDANIEL: Madam Clerk, that's incorrect. T t wa statement that we went through the last time when some of colleagues had concerns. And we sent letters to all of the p ies that were impacted by this. ZEL: Okay. And so you didn't have any feedback on t MMISSIONER McDANIEL: Oh, certainly we had feedback. MS. KINZEL: Okay. COMMISSIONER McDANIEL: Both positive and negative. Some of the people didn't want it, some of the people did, which is Page 163 June 27, 2023 why I worked with the County Attorney to establish an opt -out provision that I think will impact -- MS. KINZEL: But in going back to the question of bureaucracy versus just extra work, we all work extra on anything that we need to do, and we can accomplish it, but that goes back was there an analysis done of who would really opt out or wh d opt in and versus the costs that -- what are the total costs th is would take to do all 140-plus roads? O That number, based on who's opting in or out, t uld even be necessary, really, to set a millage rate, because on't want to over assess or over collect and then at the end v r fund it if, in fact, those costs weren't necessary to fix the ro s. So I just see a lot of accounting that taf to be done with this. Yes, we'll do extra work. We do wka eeded. But when we talk about bureaucracy, it really is Nfiplexity of determining that without the actual detail of then Ab s. So thank you. CHAIRMAN LoCAST ommissioner McDaniel, did you have a -- COMMISSIONER ANIEL: Oh, I have a whole bunch to say, but I'm not going t9►riga t now. I -- it's not that complex. This isn't brain surgery. We have a health, safety, and welfare circumstance that has been prevalent in this community for the 40-some- d years that I've lived here. And, , if you -all don't want to do it, we don't have to do it. I'm nA4 i g to bring it back ever again. I've been looking to get t c`�mstance taken -- two times ago when this was brought fo d, I had folks from Immokalee, from the CRA, from the community leaders in Immokalee come here, gave their time, and we continued the item again because of all these misnomers of lack of information and lack of accounting and so on and so forth. So there's a dire -- is it a dire need? No, but is there -- has this Page 164 June 27, 2023 need been here since time immemorial? Yes. And this -- this is -- this the -- we can't spend public funds -- Commissioner Saunders, we can't just go grab 187,000 from another kitty and put it over here. We can't -- we're not allowed to do that. We're not allowed to spend public funds on private property. And this is a mechanism that our County Attorney -- thi mechanism that our County Attorney and I have worked on tay within the four corners of the law and service as a need ire need for our community. Relatively speaking, a small portiol�-of the option, I'll give you that, Madam Clerk. But ther Atill a hundred and -- the agenda said 105 miles. I had 111, ' es of private roads, sand roads in our community. So there o go. CHAIRMAN LoCASTRO: Ms. Sc le me just ask you a final question. You know, what is our -- what is the staffs recommendation, you kno e folks that you're here representing? So we heard from the Cl o Courts. I don't think we sort of heard your recommendaVqtions, ' ou know, you explained it very well and answered all of our but, you know, what does the staff have to say? MS. SCOT Well, we're here to carry out the will of the Board, numb e. CH A LoCASTRO: I know. Okay. So then I'll just ask you fla is this -- is this an overabundance of workload, burea4a , the juice isn't worth the squeeze? Let's talk plain E . I mean, so S. SCOTT: I can't -- so, Commissioner, I can't tell you that unti I figure out what's going to happen with the opt -out portion of it. If this is just the fire and EMS are coming to the MSTU and giving us a list of roadways that need to be addressed and we're, essentially, bidding them and managing the construction part of it -- Page 165 June 27, 2023 CHAIRMAN LoCASTRO: Okay. Well, finally somebody's spoken plain English. So I wouldn't second it based on -- because I want to hear a better answer than that. So if that's the answer, then I don't think we're ready to vote on this. So I'm not saying kick the can and move it along. And, yo know, I would encourage Commissioner McDaniel that if thi something he's passionate about, I don't care if you bring it 10 times if it's something that we should talk about. So do ®1 se airspeed because, you know -- you know, you're feel* at down or we're going round and round. I agree with you. I think this is importa d m not saying you are, so I probably should take that -- but I o t want you to feel discouraged that, hey, you know, I came lAk one more time for the college try. I can't get a consensus so ow, I'll just let it go. But, you know, truthfully -- o were truthful, but I was hoping to hear a better answer tha t , and so then I sit here and say, maybe similar to what so ers have said, is the cart before the horse? And then als , don't feel any sense of -- to go back to what a couple of the of commissioners said, if we don't need to decide today and we sti.1i have some unanswered questions, then maybe we're no king the can and we're not continuing to bring it down. We j t -- still haven't answered all the questions before we start, y u , taxing this small group of people, and maybe for no reason wrong reason or the wrong way. Sol' of a bunch of people lit up again. Commissioner Mc and then, Commissioner Hall, you're on deck. ommissioner McDaniel. COMMISSIONER McDANIEL: I just want to assure you I'm not losing airspeed. I'm not quitting. The last thing I have done is ever quit, just so you know. CHAIRMAN LoCASTRO: Right. Page 166 June 27, 2023 COMMISSIONER McDANIEL: Just so you know. Number two, the questions that are raised are being raised by folks that aren't really dealing with this. I am the -- CHAIRMAN LoCASTRO: That's correct. COMMISSIONER McDANIEL: -- commissioner of Distr 5. I would say 80 of these 110 miles reside in District 5. �+ CHAIRMAN LoCASTRO: District 5. COMMISSIONER McDANIEL: District 5. I hear from the nts of I owned a mining and excavating business. costs are associated with the reparations of th the cost is associated with running a motor gra roads and making them passable. The Clerk of Courts was very rlic about all of the accounting and things -- do you want to hear p This is a need. I know of one pers requisite to get to the Bi what the .' I know what fixing these V up there and talk but this -- these This isn't brain surgery. passed because of the time that was do the reparations and do the stuff because of a known circumstance that was there, and that's one person too Immokalee water kne just that alone people who -- on the other side of vO on private roads, their kids have to walk through order to get to the school bus. 5?tfig all those people in here to barrage you. I me is a no-brainer. This to me is a circumstance Vs not complicated. It's -- IAIRMAN LoCASTRO: Let me ask you this: Did anything . Scott just said as to some of the unknowns that are still out there concern you, or do you think they're big -- a big part of the equation before, you know, we move out on this? Are we doing it prematurely? I'm just asking hypothetically, because, you know, she Page 167 June 27, 2023 stated something that wasn't as definitive as I had hoped, but that doesn't mean it's not a smoking gun and we can't -- we can't move forward and make progress. So what are your thoughts? COMMISSIONER McDANIEL: Personally -- and, again, I think staff is not aware -- this opt -out provision, I think we got it clear as mud, to be honest with you. Is it going to be -- is it i o create more work? Not really. I mean, in my -- in my vie ' f a person -- I use Platt Road as an example. If a person o t Road chooses to opt out, then Platt Road is opted out. An if that road becomes impassable, then they don't get to o anymore, and they're included in it, period, the end. It's no - a , it's not brain surgery. MS. SCOTT: And if I may, Chai , so, see, I have a little bit of a thought behind this as well. % pt-out policy, it would be more of an administrative thin li ringing -- you know, bringing this to the advisory board h ing the advisory board act on it and all of that. I wouldn't do that nec4ly with another full -time -equivalent position. We have the opportunity, through a staffing service here at the County, to bring on administrative assistants with us, which would be charg ack to the MSTU through their administrative costs if we n t at, because that's going to ebb and flow. That's not going !b�kyou know, opt -outs, my guess, is probably not going to co , you know, hundreds of them at a time throughout the y ey're going to come in -- my guess is right after s ets their tax bill, they're going to say, oh, I want to opt out o for next year. And so that would be when I would bring in, you ow, temporary administrative help to be able to help the project manager. COMMISSIONER McDANIEL: If we needed it. MS. SCOTT: If, absolutely. It wouldn't be that I'd bring them June 27, 2023 in. It would be, like I said, ebbs and flows. And that is something that I can turn on and turn off depending on what the staffing needs are for it. COMMISSIONER McDANIEL: We are -- and, just -- you know, the Clerk asked you. We sent letters to all of the affected people. I mean, do you have a recollection as to the respons gz t came from that? The majority -- the majority that -- I mea , ere were a few people that are like, heck no, don't raise my e ever again. I already pay taxes. Where aren't you fixin oad? COMMISSIONER KOWAL: Private. COMMISSIONER McDANIEL: Exact a h is what I tell them. And so -- MS. SCOTT: It was not overwhelnjAig one way or another. COMMISSIONER McDANIEJ�: MS. SCOTT: Those went t le Arnold, and before she retired, she sent those to me. It of overwhelming one way or another. It was a 50150 split, r take. And we also had some roads that actually came together and said, absolutely, we would love to do this, an , a road, we want to opt in. CHAIRMAN LoC,OKS RO: Yeah. MS. PATT SON: Commissioners, maybe a compromise: If -- because ' s e like probably Commissioner McDaniel hit the nail on the ea that this issue's very close to him because he lives in it in his 5mct, and the rest of you getting your arms around what this r 1 ks like and what this really means, maybe, in the -- we h le bit of time. Why don't we convene the committee of fo at deal with this on a daily basis with Commissioner Mc aniel and with Trinity to get our arms around that top -- there's going to be a top list of the roads that we know are going to need the work, right, of the 105 or 10 miles of roads, there are going to be the logical ones that rise to the top, and there would be an ability to do a Page 169 June 27, 2023 cost analysis on those and break them up into a reasonable plan of how they'd be addressed. Now, that doesn't address the opt -out, but it would get this board some understanding of what we're dealing with here, as far as the magnitude and the roads, we could bring back to get you, then, perspective that I think that you're all looking for, because w lz� re hearing from you is you're not -- you're not maybe having - harder to get your hands around what we're dealing wit 0v many are there, what are we even talking about, and how eople are on those roads. So do you have a road with five people? i road with 20 people? Because the complexity of the opt-o f course, goes up with how many people are opting out. B short of doing everything or doing nothing, we could take that st sitting down together one more time -- Commissioner, soT%,-Ndnd trying to get this in a way that's more meaningful to every ody here on the Board. CHAIRMAN LoCAST kay. Commissioner Hall had a comment, and then we'll4q Commissioner McDaniel says to that. COMMISSIONEF.,#HALL: Well, Commissioner McDaniel said exactly wh was going to go say. It's 90 percent your district. COMM O R McDANIEL: Right. CO I NER HALL: And so Commissioner Kowal and I, we're not ing private road, you know, discussions in our distri d so it's a public safety issue. 't want to kill this just because we don't have the answers to ev ing, but I would like to have some of the details, and I would like to see it come back, because I think it's very worthy of doing but doing it right. So I want to encourage you, if we just -- you know, if we -- I hate that term, "kick the can," because to me that says it's not important. But I would like to have some of the details, and I Page 170 June 27, 2023 do -- and I would be behind this, and I would support it if I had some of those details issued. We do have a process in place right now, so we're not losing any ground, but we're not gaining any ground. But the ground that we gain, I would like to gain it smart and do it right, and I would be behind it if we had some of those details issued. �+ CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: I'm going to try to simplify this, and I don't know if I can even -- what I'm going to sa men can be done. �V And I do -- Commissioner McDaniel, thi "J rge -- partly in your district, and I know you personally feel -- ory you feel about it and the feelings that you have just due to sonally what you've witnessed and suffered, and I wouldn't at on anybody, and I understand that. But, you know, when we hay a body that works for the County, their salary is paid bek taxpayer in this county. So when that person's tasked tc�n these roads or tasked to do some sort of -- you known in the Clerk's Office, they're being paid for the people -- you know, in my district, District 2, District 3, District 4, Distr' 's salaries are being paid for that. So it is tax dollars from b y's dollars of being part of this whole process. And thi -- I don't know if it's even possible. I know we've already se n letters to -- we know the number of people that live on th e s. We know the properties. We know those numbers. T rd numbers. I mean, and it's a majority in your district. d if it's something that we could as simply as send out a proxy letter and let them vote up or down, let the people decide, and get the results back, and if we can just clean -- the language right now -- I just want to see something a little bit more proactive, because I do believe in being proactive for safety purposes. And the Page 171 June 27, 2023 way it's written right now, I can't support it because I don't see that. But if the people in your district, and they want this and they're willing to vote and say, yeah, this is what I want, I don't have a problem. I just don't know if it's something we can do or can't do. MR. KLATZKOW: You can do it. COMMISSIONER KOWAL: You know, because that probably simplify this a lot more than us beating our heads 6*4r it. Because there are people in my district. They're going ua, you know, I pay taxes, too, and you're using the resources thdt-I support through a salary in the county to go out and fix a road. And, you know, I have to have the right answer forR o, when I'm asked. COMMISSIONER McDANIEL: T isn't correct. There is an asset portion for the Clerk to coulit ies. COMMISSIONER KOWAL. t of 100-some-thousand we're going to collect, we're also i to place salaries that anybody that's going to be -- COMMISSIONER that's charged back to the TU. (Simultaneous crosstal .) COMMISS� ER KOWAL: clear. �, : That's all administrative stuff All right. I'm just trying to be CO ISN�ONER McDANIEL: I'm sorry. I don't mean to be disrespect f there's a tone of voice of impatience, it's just becau een talking about this ad nauseam, and it's -- the MSTU is lfNontained unit. The administrative fees will be paid for adIvistration of the MSTU. If there's a charge by the clerk or the tax collector, or whatever, those are all paid for out of the MSTU. So we're -- the circumstance here is certainly not to take away from any other assets that we have availed to us here at the County. I had a thought, when staff was talking to me about going and buying Page 172 June 27, 2023 more dump trucks and loaders and taking care of the dire drainage needs that we have going on in Eastern Collier County, that we be able to appropriate some of those assets and take care of some of these roads as well. But if we need to put it out for bid, we'll put it out for bid, so -- the administration aspect of the MSTU will be 'd for out of the MSTU -- COMMISSIONER KOWAL: Well, like I said, if it's 1 le and if it's something, and if -- as a body up here feel tha a s an avenue to take to send out a letter, it's an up or down -because these people live on a private road. They live on 'ate road for a reason. Some of them want to be on a privat a o, you know, I don't know where their stance on this is. MR. KLATZKOW: This board in t ast has done that for MSTUs. You can either set up the �\4 oluntarily or voluntarily. By voluntarily, it w d�, n up or down vote by the people within the MSTU. We ha one that in years and years and years, but it has been don is board. COMMISSIONER But I think that will give the voice to Commissioner niel's district who is mostly affected by this, and they'll have the control over if we do something with it or not. I mean, kn -- but right now, where I sit at it, I'm making a decision or taxpayers, which, you know, they don't -- one way or the othe n't know how much they want to be involved in this. s his majority of the people that are involved in it and the n up or down vote and they want to go with it, then I'll -- it will be easier for me to swallow. I mean, that's all I'm trying to say. I'm just trying to simplify it a little bit. CHAIRMAN LoCASTRO: I like the County Manager's suggestion. I'd be interested to hear your thoughts on what she's suggesting, but Commissioner Saunders is next. Page 173 June 27, 2023 COMMISSIONER SAUNDERS: I think Commissioner Kowal has a great idea. We could find out fairly quickly. I've gotten letters from people that -- the only letters I've gotten is from people saying that they were opposed to it. But it's only been a few, three or four. Question for the County Attorney -- because we've been a lot that we can't spend public money on private roads. een spending public money on private roads, and then we'v back and gotten reimbursed. So I'm not sure where this i that we can't spend money on a private road. If there's an ency, if there's a public health -safety issue, it seems t e c n go in and pave a road with public money. MR. KLATZKOW: Commissioner ve een up and down this road many times. If we could do itju i che General Fund, we would have done it years ago, but, court cases and AG opinions that say you can't do it. t we're doing now is just loaning the money, then get ck. That's probably good. But it's a constitutional prohi using public money for a private purpose, and -- COMMISSIONER SAUNDERS: Even if there's a declaration or determinatio t there's an emergency that needs to be corrected? MR. KL OW: That's been tried before, and it's failed. CO I NER SAUNDERS: Okay. MR. ZKOW: Trust me, I would much prefer to use - e used to in the old days send a truck out with the gr, ILV take care of it, and that would be the end of it but, you knl�w,/- COMMISSIONER SAUNDERS: Okay. And I was just confused because we have been spending the money in advance and then going back and collecting it. But I understand what you're saying. Page 174 June 27, 2023 COMMISSIONER McDANIEL: And we declared -- forgive me for interrupting. But we actually declared an emergency in those circumstances that got through that particular issue. By doing it this -- and to give credence to the County Attorney, he's leaning forward on this, because this has never been done in the State o Florida. So it may get challenged. There may be questions. re may be -- there may be things that we don't know yet that learn if, in fact, we do do it or don't, as the case may be. O CHAIRMAN LoCASTRO: So what's your tho n the County Manager's proposal to have some folks ge ou and maybe get some of the unanswered questions d and come back -- COMMISSIONER McDANIEL: I' e happy to do that. You know, there again, Harry Sells and �s normous amount of time way before I became a counts issioner. I mean, Commissioner Coletta gave me -- me to take the knee and nominated me to be the presi the Corkscrew Island Neighborhood Associati - on the premise that back in -- you know, in the old days, in r to establish an MSTU, you have to have a 50-percent- lus .one vote in order to implement that MSTU. And you can't -- a cannot get these folks -- and I'm one of them -- that 1. e on private road to all come together. So w in is magic wand takes care of a circumstance, allows for an o t- ovision, has a third -party administrator of the emer rvices folks to determine the worst first, and takes care o `OKsary circumstance in our community. S6 I'd be happy to meet with the County Manager, get Harry's list, go through that process, bring it back to you, take some pictures, bring some people in. If you want me to go through that, I'd be happy to do it. I -- CHAIRMAN LoCASTRO: Would we need a vote on that, or if Page 175 June 27, 2023 we are all in agreement, we -- COMMISSIONER McDANIEL: We can just vote to continue this for another month. CHAIRMAN LoCASTRO: So I've got a motion to continue it based on -- MS. PATTERSON: Yep. CHAIRMAN LoCASTRO: -- also what you suggestEk ich I think was very astute. 0 COMMISSIONER HALL: We just need some as. CHAIRMAN LoCASTRO: And I think tha ink that discussion will bring us the details. So we have a motion. I'll second that. n avor of following the County Manager's suggesti w ich Commissioner McDaniel has agreed to? All in favor COMMISSIONER HALL: kv%, COMMISSIONER McDANIQ►L ' Aye. CHAIRMAN LoCASTR Nye. COMMISSIONER V„0 L Aye. COMMISSIONER DERS : Aye. CHAIRMAN LoCAS RO: Opposed? (No responA CHAIR L,oCASTRO: Okay. It passes unanimously with IN continuati a deeper dive. We're past the break, and you know, Terri's over here like, you 'ving me daggers. And let's take a little bit longer. L o back at 3:40, okay, just -- is that too long? COMMISSIONER McDANIEL: Yeah. CHAIRMAN LoCASTRO: What? COMMISSIONER McDANIEL: She used to go for a walk. CHAIRMAN LoCASTRO: 3:35, okay? We'll split the difference. Page 176 June 27, 2023 (A brief recess was had from 3:12 p.m. to 3:35 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. Item # 11 B AWARD REQUEST FOR PROPOSAL ("RFP") #22-802 "OUTSOURCING OF COUNTY MARINAS," TO BL FLORIDA, LLC. ("BLUWATER") IN WHICH EIG OF ALL GROSS SALES REVENUE (EXCLUDI PERCENT OF GROSS SALES REVENUE FJ�O I TER ERCENT ?L), SIX ,AND ONE HUNDRED PERCENT OF ALL WATERCRAFT LAUNCH AND PARKING FEES ARE REMITTED igo THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO�HE ATTACHED AGREEMENT -MOTION TO APPR WITH EXCLUSION OF BRICK & MORTAR WATER COMMISSIONER KOWAL HALL — APPROVED FROM CONTRACT BY NDED BY COMMISSIONER MS. PATTERSOT*. Item 11B is a recommendation to award Request for Pro 122-8023, outsourcing of county marinas to B1uWater F1 C, in which 8 percent of all gross sales revenue excluding uel, ercent of gross sales revenue from fuel, and 100 percen 1 watercraft launch and parking fees are remitted to the d authorize the Chairman to sign the attached S. Olema Edwards, Parks and Recreation division director, is hereto present. CHAIRMAN LoCASTRO: Okay. Ms. Edwards, we're all ears. MS. EDWARDS: Great. Good afternoon, Commissioners. Page 177 June 27, 2023 If awarded, BluWater Florida will be responsible for the operations and management of the following four marina locations: Port of the Islands; Goodland Boat Park; Caxambas Park, once it's fully reopened; and Cocohatchee River Park. The detailed scope of work of this solicitation will allow the vendor to have the ability to conduct daily operations of the +� manage the contract -- excuse me -- manage the commercia hmg activities for a fee, and provide and operate -- provide a o erate permitted concessionaires. The vendor shall also have the ability to leas ational and commercial boat docks, both wet and dry slip si Board -approved lease agreements and standar re to rates set forth in the Parks and Recreation Fee Policy R lut'on, which was 2022-263, and it may be amended. The contractor is also author* onduct the following types of businesses and services includi ut not limited to, retail sales and services, live bait sales, f es, dry slip assignments, and voter registrations, rese or day slip rentals, boater evictions for dry storage, posting w er and tide reports, marketing of facilities, and safe -AZ an�*security of the facilities. When we I with the vendor, these were the negotiated terms that we came o gr ment with. BluWater Florida will remit the following o jounty on a monthly basis: 8 percent of all gross sales revencluding fuel. For fuel we'll receive 6 percent of the gross sales revenue, and 100 percent of the watercraft lunch and p des. ow, when this solicitation was put out, the agreement period advertised in the RFP included an initial one-year term with four annual renewals. During negotiations with the vendor, BluWater requested a two-year initial term with three one-year renewals. This was due to the heavy nature of investment such as staffing, fuel, Page 178 June 27, 2023 inventory, and other initial startup costs. Additional negotiated terms were that B1uWater will have 60 days or less grace period on revenue collection from start date of the fully executed contract for Port of the Islands Park and Goodland Boat Park, and then collection on revenue at will -- excuse me -- collection on revenue will commence 60 days or less of issuance of the certificate of occupancy for Cocohatchee Ri ZPark and Caxambas Boat Park. As you know, these two par Q still going through some Hurricane Ian repairs, so this is e came up with this negotiated term. CHAIRMAN LoCASTRO: Okay. Le o c a couple slides. A lot of this is in my district. Okay, r h there. Stop right there. Okay. So my first question is,;- nk all the commissioners know here, but jus drecord, this all stems from contracts that we had for these ma park stores that were very heavily unbalanced towards t dor and not so much to the County. And we're not o make anything a cash cow, but just trying to find balance. And also, we had -- we had some issues. You know, a little bit of fresh blood aRkutting something out for rebid, you know. And the previous contractor could have rebid but didn't like the new terms and decid tolk away. It was of last minute, so all of these marinas that you see litte 'ght now they have very minimal services, I mean, very P1�because the previous vendor not only took all the inventory, s rightly hers, but basically emptied out the store. So we're providing minimal services at all these places. Having said that, looking at this slide, how does this compare to what our previous vendor had? Because our strong suggestion up here was if we're going to renegotiate, like I said, we're not looking to Page 179 June 27, 2023 make it be necessarily a cash cow for the County, but have it be a smarter business contract. So what would these numbers be if we were looking at the previous vendor? How much did that person get compared to what these new numbers are? Is it much different? We were hopin was. MS. EDWARDS: It is. The previous vendor receive 4 -- excuse me -- 96 percent of everything, and the Counter ceived 4 percent. With these numbers right here, we get 8 percgnt of all gross sales, 6 percent of the fuel sales, and we get I ercent of the watercraft rentals and parking fees. So even if they do take parking for us, sa h meter is down. The County will get $9. The vendor wo e a dollar for administrative costs for the credit card things like that, but this is a much better deal because C 'Iasically collecting money from the vendor, and we don't ha v t provide the service. I also want to note as we with this vendor, they want to provide watercraft rental . , this was some of the things that came up with this contrac . We're not taking anything away from the current comme cial.,vendors, but this is also another revenue source that -- if rded, that this vendor can bring in revenue that the County w' ec e a percentage off of. CHA LoCASTRO: What percent would we get of that? Do now? ARDS: Eight percent. 'IRMAN LoCASTRO: Oh, 8 percent. MS. EDWARDS: Yes, sir. CHAIRMAN LoCASTRO: I mean, I'm just sitting here trying to do math in public. When you said it was -- the previous contract was 96 percent to the vendor, 4 percent to us, this breaks it out a little bit different. But under the previous contract, the -- let's see. We've June 27, 2023 got -- so we got 4 percent of gross sales under the previous contractor? We get 8 percent now, right? MS. EDWARDS: Yes, sir. CHAIRMAN LoCASTRO: What did we get from fuel? Did we get anything from fuel under the previous? \Vt4, MS. EDWARDS: It was 4 percent. CHAIRMAN LoCASTRO: We got 4 percent. Now6. And then the launch fees and parking fees, did we get 1 rcent under -- MS. EDWARDS: It was 4 percent. CHAIRMAN LoCASTRO: We got 4. t s he big difference. And, you know, that was one of t t ings that we had an issue with. There's other people lit up here, s t ask one more question and then probably circle e"lut a lot of emails from some of the commercial businesse o rent watercraft, and I really appreciate -- I pushed most of , really all of them, to Mr. Rodriguez. And not tI d I did that not to nickel and dime you -all, but he really is the .- was -- it was really the authority on all of this from day one. You know, we've had a lot of change. You all are new posi ' s. And I just knew that Mr. Rodriguez knew, like, the who o o tell some of these vendors that were sending me, in pa .cul emails saying, if you allow this person to rent all these wate s and everything, you're basically putting us out of busi Xn I actually got a "thank you" note just recently from the pe you traded notes with a couple of hours ago saying -- he's not completely happy, but your sense of urgency and your response, he's like, okay, don't love it, but kind of get it. But for the group here, what's your response to that? Because we're not sitting here trying to, I don't want to say, put anyone out of Page 181 June 27, 2023 business, but we are trying to run a more efficient operation there. And when we have so many businesses, cats and dogs doing this and that, I think the spirit behind having this vendor at least do those types of rentals, and -- I'm correct in saying, part of this contract doesn't allow anybody else to rent those type of things. He hasz*,,,, exclusive on renting those type of watercraft, correct or no? �+ MS. EDWARDS: No, sir. So with this -- this is an ional revenue source for the vendor, but -- possibly, excuse .0 Additional possible revenue source for the vendor. not trying to eliminate any of the commercial vendors curre ht now. I know the biggest draw has been Caxambas. CHAIRMAN LoCASTRO: Right. MS. EDWARDS: And with Caxa s, as you know, we're going through a rezoning process with of Marco. Eventually we have to reduce the of commercial -- commercial vendor a axambas. But, for example -- and this is what I e a ed to the current vendors that we have -- if we're saying no co lea activity at Caxambas, whether this person has a permit cNntly right now with the County, that means no commiRS: l nativity -- CHAIRMoCASTRO: Right. MS. ED -- you know. CH LoCASTRO: But for the other places, if he's got the exclusi ntract to rent watercraft, and there's some other peop t ave -- like -- we'll use Goodland for an example or Port o nds. There's other vendors out there that were doing the sa ing. Are they not allowed to do it because he has exclusivity? MS. EDWARDS: No. They're allowed. There's no exclusivity in this contract. CHAIRMAN LoCASTRO: Okay. Because that was some of Page 182 June 27, 2023 the pushback. So, Mr. Rodriguez, was that sort of the confusion by a few of those vendors who were crying foul? They're like, oh, this guy's got -- you know, he's got carte blanche over all of the watercraft activities, and now, you know, you're putting us all out of busine So that's not correct? MR. RODRIGUEZ: That's not correct. For the reco-4an Rodriguez, your Deputy County Manager. I think with the commercial vendors, because of ape activity in the last two years to kind of regain control of o ps, they're kind of, you know, running -- walking on egg They're kind of, what's going on next? What this allows, those vendors that w up with the commercial permits with kayaks an4 lV�Kremember they have websites, they have their own bas fi�have hoteliers that call them up and say, hey, I've got 20 peopl want to go on your kayak business. So their business o r outside. This is where, eventulll , 4r possibly in the future, or may not, where you get, you know, aigrandfather and grandson show up and say, hey, I'd like to get a kayak, and they're buying bait right there. They can grab a ak or a paddleboard just for ease of use. The cha es e've had, as you know very well, in Caxambas, Goodland, ou t a van show up with a trailer with about 50 to 80 kayaks, an of a sudden they're unloading and staging in our parki That needs to -- that's gotten cleaned up in the last year aIq d we just want to make sure that this vendor has the most opportunity to be successful. They're open seven days a week, 10 to 12 hours a day. They've got to staff it, each site. And as you know, personnel expenses is one of the largest expenses. So we have a responsibility to provide that level of Page 183 June 27, 2023 service to the community, but also that vendor needs to have a fair wage in earnings in their goods and services. But I will tell you, that last bullet point, that 100 percent parking fees and boat launch fees is a tremendous win. And I remember you, Commissioner, as well as Commissioner McDaniel last year, kinf put us on notice. �+ And, again, this contract has flexibility. They can cor14ack and say, this isn't working. Staff can come back and sa Qu know what? We don't like how you're managing our cont r with the commercial permits. This is a performance -base act in that we have opportunity here to modify and clean it s ove forward. CHAIRMAN LoCASTRO: Okay. So j st a couple of observations for the commissioners. So this excludes Tigertail where ally had a contract, but, you know, that's a very thin o right now. We're basically selling food and wateZr 'u rough vending machines. And it's been successful. I h had one complaint. I mean, people miss mith, who was out there years ago -- predates me -- and t*11 hear that every once in a while. But we're at least providing the are essentials. People aren't looking to buy bait and iceigertail, so that one's still one that, I guess, remains on a o ilot through Parks and Rec. Can y u - n you just go forward one more slide, and then -- oka - eah, so right there. So I understand this 60 days for a Co e and Caxambas because, basically, the number on Cali doesn't matter all that much because there's so much damage. It's not like you can move in there. But there's no way to tighten that timeline for Port of the Islands and Goodland? I mean, they're sitting there basically fully ready, totally fixed. The store is sitting there, I guess, you know, pretty much empty, ready to move in. He really needs two months to be able to get in there? June 27, 2023 And, you know, one of the things that I've said to staff, you know, privately, is I hope this contractor, if we elect to move forward, is prioritizing the things that we need him to bring out there. And we don't need him to turn the marina back into a 7-Eleven on day one, but we need to get ice, bait, water, you know, some of t basics out there, and I would hope it wouldn't take 60 days to t, especially once we either -- if we did give the thumbs up o contract. But I'm not part of the negotiations. O Was that just sort of a number sort of out of the t to give him maximum time? Because I mean, I sit here a , wow, are we going to go two more months with -- and, gra , . ' of season, but even to the handful of people that use those m in s -- and it's more than a handful -- they're not happy right hey realize that the contract was very one sided, and eviry ;$;Pderstands our rationale, and I get very few peop tNt, on't get what we decided to do here to run things more like a b s ess and have it be balanced. But I do get a lot of feed om folks that go, hey, I know that your Parks and Rec trying hard and they have a vending machine that sells water a you know, they've got, you know, a machine out there that dells, you know, some basic food items, but these guys are r looking for, at these big marinas, ice and bait. And it w s as to say, well, we can't -- we're not able to do that right w ugh Parks and Rec, but we're about to pull the trigger on - a vendor that we're excited about. But after we give n light, we're really going to still be under the current ci s ces for possibly 60 days, even for the bare essentials? S. EDWARDS: So this was for revenue collection where we will receive the revenue. They have 60 days or less to get this done. If we can get it done in 15, 30 days, once they're telling us they're ready to go, we can go ahead and make it happen. But we want to make sure that they had a buffer. We don't know if they were able to Page 185 June 27, 2023 get their permits on time or anything, so we would give them that time to get what they needed to get together. CHAIRMAN LoCASTRO: I just want to make sure we're clear to the vendor in saying, listen, you don't have to have every Milky Way bar in the store before you cut the ribbon and unlock the do If you can, you know, get the freezers turned back on, stuff tlw th ice, water, and bait and have somebody there to sell those items, and then, you know, at least your store's open, and then you cCild start to increase the inventory over time, that's really what o cNizens are looking for. I guess my last question will be, what's t e at of this vendor? So I know we didn't get 50 bids beca s , regardless, these -- these aren't cash cow businesses 'm s, although these bigger parks, they're profit -makers. . SM,7"Wn -- but what's the -- what can you tell us about th,, 'cular vendor that you're recommending? v MS. EDWARDS: Fro . g to other vendors and from the nly been in business for two years, vendor's actual proposal thw o but they do have experien n this. I haven't heard anything negative. The current ven or has also been a commercial vendor since 2015, so tAhave a good reputation. And we'll go from there, so... CHA LoCASTRO: Okay. I mean -- but we heard something ar about the previous Tigertail person, as you know. You in not throwing you under the bus or anything. But on o Smith exited and we didn't really get a lot of bids, and the guy came in from Orlando, I think, and had this, oh, he's done this a million times at 100 places and everything, and he lasted, you know, just a handful of months. And that wasn't because he was incompetent, but I think he must not have owned a calculator, because Tigertail, we knew, wasn't a June 27, 2023 cash -cow business. He exclusively bid on Tigertail and then was disappointed that, you know, he wasn't, you know, selling 100 chicken sandwiches a day in the off-season, and we could have told him that. So I think we're doing smart things at Tigertail now just providing the basics. But can you go forward one more slide? Was there a sl' er this? No, that was just questions. Okay. I'll go to my commissioners here. Commi Qer McDaniel and then Commissioner Saunders. COMMISSIONER McDANIEL: Go back t slide. And the question that I had was, is this a -- is this abara e iod of no payment to the County from those collected re e es, or is this just a spell for them to be able to offset their up nt costs and then start paying based upon revenues that they le at 60 days previous? MS. EDWARDS: Yes, sir, 0 at it is. It's a grace period for them from their start date to n h e to pay the County revenue until they can get their first o t nal costs together. COMMISSIONER EL: Because my suggestion was -- and I've done -- I is in the mining business -- was I set the -- because ther 's a period of time for collections and so on and so forth. But I -- run your business for the month of January but you don't pay � it until that -- you don't pay for that until April. MS. D DS: Correct. COM IONER McDANIEL: And you set that up after, and then ollecting February and May [sic] and so on. So we're n ing away the revenue -- that's not correct, because what yo t explained to me is not what I understand. What I understood you to say was we're abating the revenue for the County for January. COMMISSIONER HALL: And February. COMMISSIONER McDANIEL: And February. We're giving Page 187 June 27, 2023 them 60 days to sell as much as they can and not have to pay anything. What I'm suggesting is we set the first payment up to be 60 days in arrears to allow for the offset of the inventory and staffing and all of the upfront costs that they may, in fact, incur, but we don't sta collecting until -- they don't start paying us for 60 days. Tha my thought. CHAIRMAN LoCASTRO: They don't pay us for ys, but then they're paying us from the -- they don't get two f V onths of collecting 100 percent of the -- like, the way this Nlow ed, I think that's how we're sort of interpreting it is that t a e opens, he gets two free months of selling everything he can a en starts paying us on the 61 st day with the profits that you o the slide before this, and I don't think that's what you mein. Commissioner McDaniel is e w &izZg it exactly how -- the way it normally does work in busines . pays us for the very first time on the 60th day, but he pays u he first month, you know, or the second month that he opye* o he doesn't get 60 days of free money. So that's -- it's important that this contract's written properly or that we didn't c me sort of deal with him giving him two free months of 10 rc t of the profits, and I don't think that's the impressio 're allowing him to collect money and build his coffers so t hen he gets to the 60th day, he can pay us for the first of the contract. I'm hoping that's the -- are we clear o - S. EDWARDS: You are clear now. CHAIRMAN LoCASTRO: Okay. MS. WILLIAMS: For the record, Tanya Williams, Public Services department head. Just for clarity, the 60 days' time clock starts the moment this June 27, 2023 contract is executed. So if you approve this contract today, execution day is today, and that 60-day clock begins now. COMMISSIONER McDANIEL: But that's not my point, dear. And forgive me for the "dear." MS. WILLIAMS: That's okay. Z**,V COMMISSIONER McDANIEL: My point is we -- I w prefer we collect from day one but not be paid for 60 days 44 te an abatement of the income -- because this is the other s' f the equation, and you didn't hit on this, and that's we're - ounty's responsible for 100 percent of the maintenance, al ,fl as been, ongoing expenses, we pay for that. MR. RODRIGUEZ: Yeah. For the rec �d,ommissioner, Dan Rodriguez. The payment -- they're paymerLits s. So, basically, when they sign that contract, they'fe Pay�g us 8 percent, 6 percent, out the gate. And so they've got t e�0-day time period to make their first payment for those f t o months. COMMISSIONER EL: For the first month. MR. RODRIGUEZ: ou got it. Yeah, we would -- COMMISSIONEI�*H LL: And that's what we wanted. CHAIRM oCASTRO: So I'm going to simplify it real, real simple, o a ? he opened on July 1 st and started selling stuff, right, soh so uff the entire month of July, sold stuff the entire month of A t, we would get -- we would get no money, but on 1 Sept hich is basically the 61 st day, he would pay us for July aiQt, and that's how the payments would go. S. EDWARDS: Yes, sir. CHAIRMAN LoCASTRO: Correct? MS. EDWARDS: Yes, sir. CHAIRMAN LoCASTRO: Okay, good. That's what we all want up here, because that's how business works. So we want to June 27, 2023 make sure we're running this like a business, because the last contractor seemed to be a lot smarter than not -- than the County, and we're trying to fix that. But I guess my question would be would he just pay us for July -- like, in September he'd pay us for July, in October he'd pa us for August? Do we -- you know, I mean, it's important we �+ understand the nuances of this contract because, you know 4e trying to tighten it and improve it. 0 MR. RODRIGUEZ: Once he gets his cycle go' hen every 30 days -- CHAIRMAN LoCASTRO: Every 30 d t, okay. COMMISSIONER McDANIEL: And th t' fine. CHAIRMAN LoCASTRO: Yeah, tiAt makes sense. Go ahead, sir. COMMISSIONER McDANI �, e other thing was the -- and it may have gotten alrea iscussed, but there was a -- I got an email from -- from Zac talked about the RFP that -- the original RFP that went out di t include the opportunity to have commercial boat rentals. Vd so his client didn't bid on the -- on the entire -- on the entire system because he -- it wasn't included in the -- in the RFP MS. HE Good afternoon. Sandra Herrera, procureme,Lt d tor, for the record. It was ' ded as part of the RFP. Criteria No. 3 lists that all bidd quired to provide any additional bidding opportunities fo So as part of the criteria, anybody that wanted to bid on it bid and offer any future rental opportunities. COMMISSIONER McDANIEL: So it was part of the RFP that went out? MS. HERRERA: Yes, sir. COMMISSIONER McDANIEL: So that was just an incorrect Page 190 June 27, 2023 statement, okay. CHAIRMAN LoCASTRO: But it was a -- if it was written like that, that was a little bit of a nuance. So Zach sent us all the same email. His client maybe didn't see it in lights, right, but, I mean if it had that sort of generic statement at the bottom, you've got to be astute enough to know that that's your -- that's your wide-ope to add any other additional extras. I mean, that's Contracti 101. MS. HERRERA: And it reads, list any rental opp ities or plans that would be incorporated into the facility. CHAIRMAN LoCASTRO: Right. MS. HERRERA: So, again, it's an RFP e asking the vendor to [sic] community to provide those fut re o portunities. CHAIRMAN LoCASTRO: AbsolukAv. COMMISSIONER McDANIE�,: question had to do with the RFP i did these for parks en masse. WE one or the other? AC MS. HERRERA: COMMISSIONER rKc) ' DANIEL: other statements or rd that was, we did the -- we allow for someone to pick So they had to take them all or none? MS. HER Correct. CHAIR CASTRO: I think our backup plan was, though, if e o bids, then we would -- we would maybe break them out, b ink we were hoping to have one vendor, because som e parks are more lucrative than others, and if they took t kit and caboodle, we thought, you know, I mean, I guess, yo ow, we wanted to see on the bids if that -- if somebody, you know, thought it was advantageous to them, and they obviously thought that it was. Commissioner Saunders and then Commissioner Hall. COMMISSIONER SAUNDERS: Thank you. Page 191 June 27, 2023 I think Commissioner McDaniel addressed the issue I was concerned about. We have the letter from Zach Lombardo. I don't know if there's anybody here from Paddle Marco by any chance. No? Yes? Okay. And it does sound like that language may be a little bit confusing in terms of the general "you can bid on other stuff." I just want to make sure that we treated everybody fairly. I did 1 a conversation with Ms. Edwards earlier, and I think -- I thQ)we did. But I just want to give Paddle Marco an opportunity to express their concern, and perhaps we can address that. But I Akwou -- I think you covered it, but I just want to make sure. a o�make sure everybody's treated fairly. CHAIRMAN LoCASTRO: I saw t e emails, too, yeah. Is somebody here from Paddle Marco MR. LIVESEY: Permission�o�p ? CHAIRMAN LoCASTRO: kpah. No, absolutely. MR. MILLER: I do ha&OPle. registered speakers. I don't know if it's either one of th CHAIRMAN LoCA O: Well, we'll get to this gentleman first, but we'll see if yoVcan compare notes and see if he's one of the two speakers. MR. LI E I'm one of the speakers. MR. IL R: Are you Glenn? MR. EY: Yeah. LER: All right. So it's been a long day. I couldn't re�ber what you looked like. MR. LIVESEY. All right. So, yeah. Paddle Marco. My name's Glenn. I've been doing it eight years out of Caxambas. MR. MILLER: State your last name, please. MR. LIVESEY: Oh, Glenn Livesey. MR. MILLER: Thank you. Page 192 June 27, 2023 MR. LIVESEY: Been doing it eight years out of Caxambas and Isles of Capri Paddle Craft Park. Always enjoyed working with the County. I appreciate the opportunities the counties have given us to work on those properties most of the time. So when this bid proposal came up, I think it was in Februa I took a look at it, because we've all been waiting around patie t� the marinas to open so we can get part of our livelihoods b And I looked at the bid proposal, and I saw, okay, ' an't include watersport rentals, but I wanted to be sure, b our commercial permits always seem to be in jeopard So I asked a question on BidSync as wel t C unty email. The question stated is: If I was to bid on the a ty marinas on ld BidSync right now, I am wondering if I w e able to rent kayaks, jet skis, et cetera, as a concessionaire, rictly managing the marina, fuel, bait, etcetera? Tha to. My response from the Count 1 days later was: No, this is strictly for managing marina, ait, etcetera. CHAIRMAN LoC Who sent you that? Who was the -- who was that perso MR. LIVESEY: ;ha is from Christopher Lo -- let me look. Christopher -- Christopher Lopez, and that is a procurement person. CHAIRMAN LoCASTRO: Okay. MR. LIVESEY: That is a procurement strategist for Collier County. , okay. It's going to be business as usual. It's just a ne4jNter n running the marinas. I don't have to worry about soNne having kayak racks there taking all the walkup traffic, et cetera. So I didn't bid on it, and 10 or 12 other companies didn't bid on it as well. All the jet ski guys would have bid on this stuff -- kayak guys would have bid on this stuff if we would have had a foothold in Page 193 June 27, 2023 there, but we were under the impression, especially with this question being answered by the County, that it wouldn't include watersport rentals -- CHAIRMAN LoCASTRO: Right. MR. LIVESEY: -- because that would be an unfair advant e. I understand Olema, she put our mind a little bit at ease, tl 0 r commercial permits are not in jeopardy for now. That's awe-sQme. But two years down the road, I don't want somebo o come and say, hey, this B1uWater's doing real good, you And it's she, by the way. Her name's Cam. She's doing r od. I think she can handle all this. We don't need these er companies. I don't want that to happen, because I've been ar d way longer than her, as all the other companies. I do abo 4, 00 customers a year, and she's doing four jet skis to eightj e ay. CHAIRMAN LoCASTRO: I MR. LIVESEY: Okay. So drawn a lot of revenue for this county. Other notes here -- 0 seconds. CHAIRMAN LoCA O: No, we're not going to -- we're not going to cut you off. MR. LIVE�EY: All right. I left my speech in the car, but it's all in my heae, CHAIRMAN LoCASTRO: Can we address that initial -- because your initial -- you know, I mean, to me this is black and Q We're here all about transparency. So this seems very b;1Zwhite that he asked a very clear question, somebody from ouf came back and said, no, absolutely not, and then, you know, t!j he contract that we're sitting here with has those nuances that are different. So, you know, separate rumor from fact here -- MS. HERRERA: Absolutely. CHAIRMAN LoCASTRO: -- because what I'm hearing here Page 194 June 27, 2023 seems clear, but what are we missing? MS. HERRERA: So the RFP was to outsource the marinas. It was not specific for kayaking or watercrafts. While the solicitation did have a Criteria Number 3, like I mentioned earlier, where we did want the vendor or [sic] community to provide any additional re Is. At the time that the question was posed, county staff, Pa c, did not intend to include specifically kayak rentals. It cam during negotiations. O Now, BluWater, as part of their proposal, did in t that component in their proposal to offer future service ayak rentals. So during negotiations, that was discussed wi o rks director, and it was accepted to increase that revenue. CHAIRMAN LoCASTRO: That Pgotsia"te -- you know, we're not -- I've got other people lit up here.eems, like, unfair to me because, you know, you're suppos , what you've advertised. So if then the person a was sort of like the winner or the first (unintelligible) you n&etter e with then starts changing the rules or comes up with s mouse trap, these guys don't know it. And so, you kn really, Contracting 101 doesn't really work that way, unless you tell me something different. So I understand wha pened. I was BluWater. I got called to the table, and the 1 wa like, hey, let me see if I can -- now I've got a one -on -on co rsation with the County. But, you know, the bottom lin at this gentleman says -- Glenn, right? ESEY: Yeah. IRMAN LoCASTRO: What Glenn says to me has merit or e why it doesn't, because it seems like that after -the -fact negotiation after everybody else was sort of boxed out is a foul. I -- you know, I don't want to jump too far ahead, but if BluWater -- unless I'm missing something -- would have come to me as a county negotiator, I would have said, well, no, that's not part of Page 195 June 27, 2023 initial bid, but it's a great idea. And it could have been a subsequent thing that went out for bid, and then BluWater could have amended their contract after Glenn and a whole bunch of other people bid, and then it would have been more of a competition. But it seems like, you know, BluWater sort of had a -- has a little bit of a corner on the -- on the market to be able to sort of, like, add in the extra ' s to their contract to make it better for them, and, because no f these guys bid off of the initial contract, there really was no c tition. So it made the contract better for BluWater, but now, I think Glenn's got a solid point here. I think, you the negotiations should have been what was in th it R P. And even though that line was in there, saying, oh - u now, it gave you an opening to say, oh, and any other sib e rentals. If he wouldn't have read that email, I wo-41d id, well, you know what -- but he actually asked for cc, ion. If he would not -- Glenn, if ould have not sent that email, I would sit here and go, man, y of to read fine print, Glenn. It was right in there. It sa' ou could have put anything, but you were unsure of that. And, you know, tll*t's why I said, I'm not trying to throw Carlos under the bus, bou know, we're here to be transparent. I want to know who fr he staff, you know, gave you that very definitive direction. An ' may not have been an error. Maybe that was the direction th at county contractor got, but then it seemed like after the f we zeroed in on BluWater, then we started to sort of t contract. I don't know how my colleagues feel, and I've go lit up here, but -- MS. HERRERA: And just to clarify for the record, BluWater's proposal already included that, so it was discussed during negotiation because it was already part of their proposal. So at no time did they modify their proposal, because it was already there. Page 196 June 27, 2023 CHAIRMAN LoCASTRO: But he was looking to make a proposal and was told that he couldn't, right? MR. LIVESEY: As well as other companies. CHAIRMAN LoCASTRO: Yeah. MS. HERRERA: And the question was specific to the kay rental services. Again, the essence of the RFP was to hire a �Z se concessionaire for all of the services, not just that one com nt. MR. LIVESEY: I have no issue with BluWater. e a nice lady. My request -- and I think this would be the ri 'ng to do -- is honor the contract, but you need to remov atersport rental aspect of it. That's already being servi s and 20, 30 other people that work collectively at these pa s. he watersport rental was never in the initial bid proposa6 If it was, we would have bid on it. So I would like to just regu ve that removed; otherwise, she can do the rest. T t%-- CHAIRMAN LoCASTRO: e me just ask you this, though. So you were -- you were look' make a bid if you could have had the water rental craft in t t do you realize that if you would have got the bid, you wou ave had to run a convenience store full of stuff, which doesn't s®und like your area of expertise. MR. LIVE : The only -- the only way I would have bid is if watersport re a s s included, and now looking at it, it's clear as day that it' in considerations. And now it's like, okay, if that was being iated and we didn't know about it, I would have been interested ' it, as would other companies. But it seems like it's b,slipped in here in the 11 th inning or whatever. CHAIRMAN LoCASTRO: Let me go to my colleagues. Commissioner Hall and then Commissioner McDaniel. COMMISSIONER HALL: Thank you, Glenn. I mean, I don't know what the opportunity is that we have to put it out for bid to make it clear to allow everybody to include watercraft and gas and a Page 197 June 27, 2023 management. I don't know if that's a possibility. But the questions that I have for you is 6 percent of fuel and 8 percent of sales, who is footing the bill for the cost of goods? Does the County buy the fuel or does the vendor buy the fuel? MS. EDWARDS: The vendor buys the fuel. \Vt4, COMMISSIONER HALL: Okay. As long as that's+ happening, I'm good with the gross sales figure. If we wer yang the fuel, I would want something on gross profit. Oka �o worries. Is any cash accepted? MS. EDWARDS: That is a good questi regards to? COMMISSIONER HALL: In regards to a es at any of these places. MS. EDWARDS: Yes, yes. �T -- the vendor has to have a point -of -sale system. So t take cash, credit card, unless we just tell them that we them just to do credit cards. COMMISSIONER HAL s pretty easy to fudge numbers with cash. CHAIRMAN LoCA O: And, actually, that was an accusation by the ast vendor that I heard from some of the residents that are in my d' ' ct and Port of the Islands, that they made the comment wh e ntered the store in those last final months -- and just totally un- you know, I'm just telling you the one-sided. We didn't do a vestigation. It was kind of after the fact -- that they were ged to pay cash. And to Commissioner Hall's point, if that encouragement was there, then there was probably some -- you know, a possibility of some skim going on, was -- and also, too, we had caught that previous vendor doing some other things, sort of renting additional parking spots for trailers -- Mr. Rodriguez knows all about this -- and taking 100 percent of the profits, and those trailers were parked on June 27, 2023 county property. So I don't want to get too much into the weeds, but that is a valid point that is something that -- you know, we've got to make sure that, you know, money's not leaking out of the back. Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Well -- on the note o tv watercraft rental, is there an opportunity to exclude that out BluWater's contract and just -- well, we have -- we hav lae sed commercial companies that actually do these busines � our p Y , different parks and ramps. So just take that porti of the lease and go ahead and go forward with the BluWa m agement of these four parks and allow the vendors to com a d o? Because these folks -- now, it doesn't address that ail that Glenn has that -- CHAIRMAN LoCASTRO: fie ve got the whole contract. COMMISSIONER McDA I Well, him or any other of the other 20 vendors that saw that that didn't bid on this agreement. So it may be prudent for bid this with more clarity. MR. KLATZKOW: u can change the terms of the contract, but then the vendo haslhe opportunity to walk away. COMMISS ER McDANIEL: Correct. MR. KL W: So if you want to make any changes to this, that's ou erogative. That's why we bring it to you. But then the ve can either accept your changes or walk away. SSIONER McDANIEL: I understand. I'm just -- you know, he's one commercial contractor that ha ayank -- kayak. I call them kayanks -- a kayak business that he does, and there may have been other vendors that saw that email from procurement that didn't bid on this that could have bid on this or would have bid on this but didn't because their primary business is the watercraft rental. Page 199 June 27, 2023 MR. RODRIGUEZ: Commissioner, if I may, for the record, just to clarify something, these vendors, the commercial kayakers that come to our facilities, it's launch and go. They should not be staging in our parking lots and waiting for walkups. If you go to Isles of Capri Kayak Launch, you'll see 80 kaya trying to be launched at once by commercial vendors, and the �+ residents have to wait and wait to launch their single kayak. So the intent of this contract is to give some option C)he future. That doesn't mean the director has to approv If you'd like, we can bring that back for the Board to appro f we have a better understanding of how that might work. u e goal of this contract, as our procurement director clearly st e , was a concessionaire to manage the fuel and the 'stri ution of goods and services to the public. The fact that they offered tha tential service is something that we would look at in the future et's say they can't maintain their personnel because of sho in revenues out of season and whatnot. That may be a And, again, the co m cial vendors of kayak companies, as well as others, should n.*t be using these Parks facilities to operate their business. ey can't use it to advertise. They're there to launch and g COMMI ONER McDANIEL: Right. That's been -- that was primar e of our issues for limiting the permits in the first plac , e they were setting up camp in the parking spots and w r the phone to ring, so -- t I do appreciate the fact that, you know, a potential bidder on this P that we put out was told that it was specifically for the management of the -- of the facilities and didn't include the rental aspect of it. That is a concern. MR. LIVESEY: If I could add one thing real quick, Page 200 June 27, 2023 parking -- paddle craft parking, no issues with parking, and there's always a middle section for people to get through. There's never a time people have to wait. In fact, all week long, all those cars in the parking lot are our customers and two other companies. You might see one or two recreational people. I know you get a lot of complaints, but a lot of times the 're from the same five guys who are antibusiness. So I want t t let you know we're courteous about that. 0 And that's pretty much all I have to say. I knois one other speaker here, Maria, that would like to add. ha k you. CHAIRMAN LoCASTRO: Mr. Miller, co speaker. MR. MILLER: The second speaker is ri eilly. MS. REILLY: Hello. Thank you, lli r County. Commissioners, for the time. I will refer to the proposal fr ater Rentals, a (unintelligible) rental operator tha take over all four marinas: Goodland, Caxambas, Port of lands, and Cocohatchee. My main concern is a2i1s to incorporate watercraft rentals from the vendor. I see the a conflict of interest. Currently, the marinas have tour perators that offer those services, and the main issue with the c anies that operate with permits is parking and dealing with e other vendors that still operate without permits. Colli C ty announced that no more permits will be issued, and I see th' an as a problem because the new vendor is a tour oper r ch will create a conflict, offering more services when t c panies that already have permits. arinas have been saturated. I don't see where there should be a stationary vendor that can provide these services. I see this as an ongoing problem for the County in the future still trying to resolve the current issues developed in the commercial permit program. The vendor currently has three permits. Eventually, she could Page 201 June 27, 2023 offer other activities with those three permits she currently has. But the County had made it clear that there are no new permits to be issued because parks had reached their maximum capacity. Currently, companies have to trailer their equipment and cannot show up with them without reservations. How is it possible thane vendor would be allowed to have stationary kayaks, paddlebo y IF wave runners, and other watercrafts, and would the vendor be sublease these? 0 The main idea for a vendor taking over four mar*J s to satisfy daily operations, maintenance, safety, security, sel bait, ice, food, drinks, snacks, etcetera. The problem with the conflict of interest, s e it as a continuous commercial permit issued. I would urge Board to further review the proposal from BluWater, LLC, to 7, plans to incorporate watercraft rentals. T , ' ion wouldn't benefit the County or users of the ramp, com e ial or residential. The proposal for Goodla kayaks, paddleboards, fishing posts, boats and wave runrre ort of the Islands: Kayaks and p Y boats; Caxambas: Kayaks, paddleboards, fishing posts, no motorized vessels; andi-ocohatchee: Kayaks, paddle boards, fishing posts and boat a wave runners. Thank y MR. IL R: That was our only speaker, those two. CHA N LoCASTRO: And, really, what I've heard here, the o thug that just really concerns me significantly -- the biggest t that concerns me significantly is what our county person replied baN 4 Glenn with -- Carlos -- because, you know, that vendor and many others were operating off of the thought that, you know, they were -- you know, they weren't going to make a bid on the entire kit and caboodle because it didn't include the thing that they really specialized in, and so then they walked away. Page 202 June 27, 2023 And then once BluWater, who felt like they specialized in everything, sealed the deal, then they kind of added in a bunch of extras that Glenn and a bunch of others were told weren't going to ever be a part of the contract. So that doesn't really sit great with me. IN I don't know how colleagues feel. Commissioner Hall. �+ COMMISSIONER HALL: The way I see it, we have o choices. We have a choice to award the contract to Blu;akr with the exclusion of the watercraft, or we go back and rebi<Napples to apples. CHAIRMAN LoCASTRO: Yeah. Or t ou know, when we go back to -- if we went back to Blu at r and said it's going to exclude watercraft, like the Cou At orney said, they could walk, and then we're back to Optior�2. COMMISSIONER HALL: ' t. CHAIRMAN LoCASTROA o . s sort of a -- Commissioner McDaniel, and then Commi COMMISSIONER ^ owal. That's exactly what I was going to say. It's -- we ei e issue the contract and exclude the watercraft rentals and allow that to be -- CHAIRMAN LoCASTRO: Yep. COMM ONER McDANIEL: -- on an independent basis, or we go bac ou bid again. CHA N LoCASTRO: Yeah. And if we excluded wate d BluWater didn't walk, then you go out to bid for the w part. BluWater can bid on it, but then it's more tra sp rent to everybody else and BluWater might not get it. It might be, you know, a different vendor, and then how you made that work, I don't know, you know, I mean, because BluWater now owns the marina store, and they probably were going to have all their kayaks and everything sort of as part of that operation. If somebody Page 203 June 27, 2023 else came in and got, like, a secondary contract and was also able to operate, you know, the watercraft business out of there -- but, I mean, I don't want to get too far ahead of myself, but I could see that as being overly complicated. ASS Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. IZW Yeah, I just think we have a responsibility to be trans t in this situation. I mean, it may have just been a mistake oversight, you know, when the gentleman answered t ail, but he did answer it. And what he read, the gentleman day read, it sounded like he was interested in putting a bi en he didn't have the option to do the rental portion, he sai �y a ow what? It's probably not worth it. You know, I can do the rental t,�i I'll put up with doing the other part just to have a ivity to rent -- you know, to have a brick -and -mortar place to rrom one of our parks, which I think is a big selling point. nn So I think we need t^a`Ge arity up front, and I think, if we exclude it, it's up to BluWater to walk away or not. I mean, it doesn't matter. You know, that's on them. But I think moving forward, we've got to be very, very clear what we're willing to allow them to do or do, because this is what happens when we're not clear. A w finitely -- you know, I was sitting here, until he read that e , and I'm like -- yeah, I don't like it. It's muddy. So that' ing on the whole thing. MISSIONER McDANIEL: So what are you saying? Do yo nk we ought to rebid or exclude it -- COMMISSIONER KOWAL: I think we should go to BluWater and say, listen, because of this transparency issue -- and we want to be transparent with our vendors and our public -- that we're probably going to remove that from the contract, you know, under Page 204 June 27, 2023 our discussion here today. And if they want to stay with what they have, that's fine. If they -- you know, without that, then that's on them. And then if they walk away, then we rebid it being very clear what we're going to allow the vendor to do. COMMISSIONER HALL: And we can explain it to them, ' e, they took the old adage "It's easier to ask for forgiveness than I permission." So they just included their watercraft. But in Ais gentleman's case, he asked the question, and he was excluded, you know -- COMMISSIONER McDANIEL: From eveYing on the whole thing. ��"" COMMISSIONER HALL: -- by even bi di g on it, so... CHAIRMAN LoCASTRO: I've go ommissioner Saunders lit up here. Let's give him -- go ahead, s . COMMISSIONER SAUND 5 eah, I agree with everything that's been said in term o clarity, and I did have a bit of a concern with that. But in my rsation with Ms. Edwards earlier today, there was a -- the r timing problem, so we need to understand what that timi problem is. If you go to the ve,pdor and take out the kayak rental and they say, yes, they'll continue on it, that's fine. But if they say no, then we have, I be *e e, a really tight schedule here. So we need to understan wh hat is so we can be prepared for that. MS. RDS: If we do, we will not have the necessary servi that means your ice, your bait, because as Parks and R t staff, we're not set up, I guess you could say, to offer th ervices right now. And if it does back out to bid again, you're looking at an additional four months -- four to six months, excuse me. CHAIRMAN LoCASTRO: Why that long when this was a little bit quicker? This didn't take four to six months, did it? MS. HERRERA: It will be an RFP process, not an ITB, so it's Page 205 June 27, 2023 a little bit of a longer process. COMMISSIONER SAUNDERS: But we have, from time to time, shortened that process. So I'm not sure how much we can shorten it, but I know we -- I know we can, but it's just a matter of how much. I mean, you've already got the basic document. MS. HERRERA: We would -- yes. So we would, in esse` ce, reissue the solicitation and make that clarification. 144 And, again, for the record, just to clarify, the inten Rt eRFP was to have a concessionaire to provide all the servi;en the question came in, it was not the County's intentio lore that option. During negotiations, it was consider a t as accepted by county staff to include the watercrafts. So we can definitely go back to the v dor, have a discussion to remove that, and then bring it back to d. COMMISSIONER SAUNDL nd then if you sharpen your pencil a little bit, what's the q i est you could do an RFP? I know you don't have to have ' n the streets for months at a time. MS. HERRERA: ld reduce, in essence, the time for advertisement. Typicall , e do the 30-day advertisement, and we could reduce that t 21 days and then bring it back to the Board. We would have a se ion committee meeting, so that would take another mont qnd at's why Ms. Olema said anywhere from four to six monin COM IONER SAUNDERS: Who is on the selection comm 11 HERRERA: I can look that up. I don't have it with me. MMISSIONER SAUNDERS: Is it all staff folks? MS. HERRERA: Yes. County staff, yes, sir. COMMISSIONER SAUNDERS: So you could have a selection committee meeting on rather short notice. MS. HERRERA: Yes. Page 206 June 27, 2023 COMMISSIONER SAUNDERS: So I'm not understanding why it would take as long as you're suggesting. I would think that you would be able to do the RFP, issue that very quickly, have it on the street for a couple of weeks, have a committee meeting as soon as they come in, and then be back in front of us. I would think 45 60 days would be more than enough time, versus three or four in CHAIRMAN LoCASTRO: And here's why I agree t at as well, is the word's already out there, so this has been ad i ed once. So this isn't some unknown thing. And Glenn and the rest of the universe a0goispread -- if we go this direction -- are going to spread thawildfire. Hey, the rebidding is -- you know, is being re And so, you know, we're dealing wit own vendors who I think are aware of this. I'm not sayin this is great, but if Glenn wouldn't have read that em2% t,' k you would have got a unanimous vote here for BluWateN r But, you know, when I r t t, we've got -- you know, we've got to be, you know, not nsparent, but, you know, we've got to serve with integrity her And maybe it was an oversight. I'm not -- I don't think any of us are saying that there was sort of -- and I understand your lanation of, hey, this was the bid, but then when we sort of sat wn the table -- but you sat down at the table with one vendo aft verybody else walked out the door. They didn't get the opp ity to sit down at the table and sort of negotiate that kind of thing either. o the way contracts work is everybody gets a fair shot, and kn g that we might have had one or a dozen different vendors not even bid because they thought it was sort of a very finite set of rules, and then once BluWater came up -- to Commissioner Hall's point, it's perfectly said. It's like you, you know, better to, you know, beg forgiveness than ask permission. That's sort of what happened. Page 207 June 27, 2023 And, you know, I don't love it. Commissioner McDaniel, and then Commissioner Saunders. COMMISSIONER McDANIEL: It also brings up a point: These were sealed bids. Now BluWater's numbers are out. We didn't put out an RFP that says, you're going to pay us 6 percent 8 percent and 100 percent. Those numbers are already out. th all due respect, Glenn knows what BluWater was willing to CHAIRMAN LoCASTRO: Right. 01% COMMISSIONER McDANIEL: -- to pay. So if we do rebid it, it has to be -- it should b ink it should be under these parameters that this board find cc ale on those -- put those percentages back up on here or me, please -- under these percentages. This RFP or IRT or vAtever acronym she used, these numbers should be specified iV t isement that this is our minimum requisites for us to -* to -- for everybody to be bidding on, because if I'm BluWat d I'm looking at this, I have an opportunity to add in boat ren watercraft rentals of any kind -- of some kind of s now my competition can offer 9 percent and take the bi ay. MS. EDWARDS:**And, Commissioner, I would like to ask for the Board's recommendation. He was talking about being transparent a air. You have a commercial vendor right now. They alre ANe commercial permits. Do they lose their permits being a co Tcial vendor currently right now? And then also goin o d, if we are doing this, are they going to have exclusive ri ecause currently, right now, BluWater does not have ex ve rights. So all the commercial vendors can still operate the same way that they're operating. But if we go out to bid for an RFP for this particular portion, are the vendors going to lose their commercial status? Because if it's going to be a conflict of interest, and then, like I said, will they be allowed to have exclusive rights? June 27, 2023 Because that's the whole premise that people are being upset for, and I'm trying to tell them that you're not losing your commercial status or anything. You can still operate the same way that you operate. And as Ms. Sandra stated, when we first put this RFP out, It as strictly for the marinas. We weren't thinking paddle craft. I know that this email even came up until today. So it's a so ation. And the only thing they can do is talk to Procurement. e can't even talk to us, because we can't talk to the vendors. CHAIRMAN LoCASTRO: And to your po' - nd then I'll go to Commissioner Saunders -- we're not bo n out from doing watercraft, but his point is, hey, I could v had the whole thing. I could have had the store. I cou ave had everything, and then I could have had a brick-and-nlo to rent my watercraft where, you know, now you're not me out of business, but somebody sort of leapfrogged m . d maybe he would have even made a more competitive bid. be he would have given 9 percent, 7 percent, and cent and, you know, he would have been the top bidder. But we didn't eveWet a chance to hear from Glenn and from some others bec e they were scared away by like -- by email that he read, but a wasn't, and then in the negotiations, B1uWater started ad "rig ome sort of, like, frosting that sounded even better to us. you said, you not being aware that a bunch of other verfd s ere scared off, it sounded like the B1uWater deal was sounding even better by the second. And it sounds like we're all being made aware of this at zero hour. You know, I don't know. Sometimes, too, when there's, you know, SNAFUs like this -- and I'm not offering this as -- you know, we're trying to do the right thing across the Board and whatnot, but Page 209 June 27, 2023 also, too, we're trying to do the right thing by our citizens who, right now, have been suffering for months with nothing. You know, so sometimes when a company has a SNAFU, to include the County, sometimes you swallow the spinach and go, you know what, it wasn't perfect. Glenn, you're not being boxed -- a I'm saying -- I'm not saying this is the answer, okay. But just, ti g hypotheticals and then, you know, everybody's lit up here. t But sometimes you sit here and go, you know wha ae didn't do it perfectly, but it's 51 percent good and 49 perc 100 percent bad these last few months because noe ' get anything. You know what? perfectly. Lesson learned here. Glenn's not out of the busines run the store. Maybe he couldn't. default is we honor the contract frosting that she added with the But, you know, if she wa disappointing as well, so, this. .. It's been been able to ► c7di'dn't do it ybe he could have said, maybe the we exclude all the Nvay, that's going to be se I know a lot of effort's gone into Let's hear from theoother commissioners. Saunders, and then Commissioner Hall. COMMISSIONER SAUNDERS: I'm not so for a 0 Commissioner I'm a little bit confused, but t that's a bad thing here. Ira vendor that can rent the kayaks -- and let's assume that that's not Paddle Marco. So we have -- we Ode go through some bid or something, and BluWater gets the has paddle -- kayak rentals, what does that do to Paddle Marco and other vendors? That's a question for you, because do we want to -- if -- if the operator of the facility can rent kayaks, then does that put the independent operators out there that -- like Paddle Marco that rent these kayaks but not on site, does that put you out of Page 210 June 27, 2023 business? MR. LIVESEY: No. It would just take away any potential walk-up or people doing research walking through the park. COMMISSIONER SAUNDERS: So we wouldn't be creating a bigger problem for other people if we did that? N MR. LIVESEY: Her ability to rent things is still there. has three permits. She can bring three trailers in and rent 'Arkis and kayaks at those parks, once -- especially Caxambas if it ns to commercial. She has that ability, but this just gives brick -and -mortar. So I'd be fine with removing w ort rental. COMMISSIONER SAUNDERS: I wa a e sure we weren't creating other problems by -- MR. LIVESEY: No, thank you. COMMISSIONER SAUNDE4S: ht. Thank you, Mr. Chairman. �, CHAIRMAN LoCASTRO: y. Commissioner Hall. COMMISSIONER HAL eah. What it does is it eliminates the brick -and -mortar compet for the watercraft only. So the two choices that we have, basically, are to honor the contract, exclude the watercraft. That's the path"of least resistance. That's the fastest. She gets the firs ht of refusals. She either says yes or she says no. If she s s o, en we can do the expedited RFP process. And so -- can I taKlmotion? Is it time to do that? CHAN LoCASTRO: Well, I've got a coup - ssioner McDaniel's got a question, too. IONER McDANIEL: Well, it -- she has three lic s s, so -- and she is allowed to do the watercraft rental. She just -- we would exclude the brick -and -mortar portion from this contract. She can still do her -- she can still do her watercraft rental but just not have the brick -and -mortar aspect of it. CHAIRMAN LoCASTRO: She can still do it the same way the Page 211 June 27, 2023 paddle craft does it? MS. EDWARDS: Correct. COMMISSIONER McDANIEL: The way anybody else is doing it, and that gets us to where we need to be as expeditiously as possible, exclude that from her -- this agreement, and if she agre to it, she's in. If she doesn't agree to it, then we go back out fort with these as -- with these as minimum requisites for the bi t these at minimums which then -- and I really think we s do that aspect of it because they're -- you know, we have tw ors that are here that potentially could have bid on this tha t because of a -- because of an email that went out that sai o, . d esn't include what you actually do as a business, so -- MS. EDWARDS: I just want to m sure that whichever vendor we decide, that the main focus ake sure that we had ice, bait, everything that we need e marinas. CHAIRMAN LoCASTRO: t e. MS. EDWARDS: This' a step -aside. And I want to make sure that people th ding, that they're not bidding for watercraft. They're biddi for what we're actually needing. CHAIRMAN LoCAS RO: Well -- go ahead, sir. COMMISS ER McDANIEL: And I want to share this. I mean, those is , ies to have at the marina, but for those of us that travel to t m a to launch our boat, we're -- I'm just as likely to stop and ge on the way, and ice and food, anything else that I need other vendor before I ever get to the marina. Those are n' have at the marina but not necessities. AIRMAN LoCASTRO: Oh, listen, I've got to disagree with you. I got a ton of emails from some people that live right near the marina that use that marina. They don't travel to Walmart. They live right across the street from the marina. They live in Goodland, they live in Port of the Islands, and they're used to going over to the Page 212 June 27, 2023 marina, getting ice, bait, Twinkies, 7 UP, Gatorade, water, and then jumping in their boat, and they can't get any of that now, and so I hear from those people all day long saying, When are you going to get the store open? And it was because our previous vendor provided everythin And a lot of people used the marina stores -- at Port of the Isly they used it as their local 7-Eleven. They don't even have at, but they would go in there and buy Twinkies, bread, milk, eything, because it was a little general store, and now it's lock empty. So it's -- some of these places are more than ittle marina store that somebody grabs shrimp and ice and en a es. I mean, especially the one on Port of the Islands, that o e' used as the local store because it's a little bit of a drive for AT o go elsewhere. So, I mean, that's just the reality of it. You know, you did make a g . t, though, Olema. Like, some of the watercraft, you kno o ' clude Glenn and others, you know, they might have bid otould hole kit and caboodle, but that's why I asked Glenn, hey, got it, you're ready to run a 7-Eleven? So you got th ick-and-mortar for your watercraft part, but I -- you know, 'ust eking a guess here, I don't know that you're as perfectly set up luWater to run a store that sells, milk, ice, bait, an Gatorade, an o juice, and that's the big chunk of this. So it ou ave given you boots on the ground for your business th u're a pro at, but what we were really looking for was a Bl at could do all of it. And so the bigger thing is the st he fuel and all of that. S if somebody that's an expert at renting, you know, kayaks, whether it's paddle craft or somebody else -- and, granted, we won't know. You know, Glenn could have put in a bid. He could have found a partner. He could have done something and said, you know, I can't do the whole thing, but I found somebody that ran four Page 213 June 27, 2023 7-Elevens, and that's my new partner, and I'll take them all, and he got boxed out of that. But on the flip side also, too, it might have looked like a very lucrative type of contract to some of these watercraft -- exclusive watercraft companies, but I don't know, necessarily, that their bi would have been at the top of the pile with experience showi that they can run four general stores, two of them pretty lar es. Commissioner Kowal. COMMISSIONER KOWAL: Yeah. That wai of on the lines I was going, because I don't know the histo Reits Water, but I was just -- but I found out now that they have e to rent kayaks and jet skis, and it sounds like that's th siness they do. I don't know what experience they have in it and fuel -- refueling and the fuel sales. I don't know w1lat tory is in that. Do you know? MS. EDWARDS: One of th(3lo Veers actually -- from what I understand, one of the owners ex-husband of the former -- CHAIRMAN LoC Vendor. MS. EDWARDS. -- ndor. And so -- COMMISSIONER K WAL: Okay. MS. EDW S: -- he said -- I'm being transparent. You -all said be trans r t ere. CO I NER KOWAL: My wife does mortgages all day long. I w t dare to do a mortgage, you know what I'm saying? MS. EDWARDS: But he explained during the negotiation and when he came in to bid that he taught her the business. So he has joined -- COMMISSIONER KOWAL: She has no real -- operating a business like this. She's never had hands on and ran a 7-Eleven, like the commissioner's talking about, or sold -- MS. EDWARDS: They're both together. Page 214 June 27, 2023 COMMISSIONER KOWAL: station? -- fuel or worked in a gas MS. EDWARDS: They're working together. So they have a business together. Now not the ex -vendor, but the ex-husband and the current -- N CHAIRMAN LoCASTRO: And BluWater. MS. EDWARDS: Yes. 'V COMMISSIONER KOWAL: Okay. All right. O CHAIRMAN LoCASTRO: So our previous veswas Cindy. So Cindy's ex-husband has partnered with -- let's,sparent. Cindy's ex-husband has partnered with BluW t%at's who Y made the bid, right? IN EDWARDS: Yes. CHAIRMAN LoCASTRO: can use real names, you know. MS. EDWARDS: Being COMMISSIONER KO Z is a small town. We A$'�.V' I just know our biggest concern is running a retail operat' v4a� MS. EDWARDS: COMMISSIONER K WAL: And whatever they do on the side that they makSa� little extra money doing their rental, you know, I et it. But ' un* like her business is rental also just like Glenn. g �J MS. ED DS: Correct. COM IONER KOWAL: It's her expertise. So, you kno - ou're being very specific: I want a store. EDWARDS: Correct. MMISSIONER KOWAL: I want a store. And you kind of look at Glenn, well, he rents kayaks, and we're questioning if he can run a store. He might be able to run a store just as good as she can. CHAIRMAN LoCASTRO: Or he could have found a partner like BluWater did. Page 215 June 27, 2023 COMMISSIONER KOWAL: Yeah. You know what I'm saying? I don't know at this point, so that's why I asked the question. I don't know who BluWater is. I don't know who they are. I don't know her ex-husband. I don't know what their experience is, that's why I asked, and it doesn't sound like -- N MS. EDWARDS: What I understand, they have experi r� COMMISSIONER KOWAL: Okay. So you're con f t she's done this before? 0 MS. EDWARDS: Yes. And if we just need toga& the watercraft rentals out, I am happy to do that. Ireq n't want to have to go back out to bid because it's been th' oCurrently right now, the County is footing the bill for th atwe're selling currently, right now, and we have staff de ated to this operation that we could be using at our park fgciz' ssv. CHAIRMAN LoCASTRO: ask this. This will help a lot. MS. EDWARDS: Yesie� CHAIRMAN LoC Okay. So BluWater won the bid, and what we heard here p 'ously is then while we sat down in negotiations, she was adding some little frosting things here and there. �i MS. EDVV�AR�: Yes. CHA LoCASTRO: Whoever was in -- I don't know if you -all we sonally in the negotiations. ARDS: Yes. IRMAN LoCASTRO: So -- but if you were, give us the ho s answer here. Was the contract already secured for the store, and then, as part of sort of additional conversations, the watercraft sounded like a positive thing, but she was already locked in? So I'm asking you for a gut check here. Do you think she's going to walk because the watercraft is what sealed the deal, or that Page 216 June 27, 2023 was just sort of some extra conversations afterwards that made it that much sweeter? But she bid on the stores, got the stores, and then the watercraft stuff came after, which was, in my opinion, a foul. But was the initial locked -in contract for the stores -- the stores only, she bid, she was interested, done deal, or did it take the negotiations add in watercraft to really make it a deal that got sealed? �+ MS. EDWARDS: When she submitted her proposal _91� had everything included. So she -- so what she would do w't t ie stores, and then she also added in with the watercraft -- CHAIRMAN LoCASTRO: Oh, so the wate was part of initial bid? It wasn't negotiated after? It wa s e ing that was sort of -- MS. EDWARDS: No, that was her osal. That was her proposal. Like I said, I was unawake had reached out through BidSync. I just found th d a day. CHAIRMAN LoCASTRO: Y. MS. EDWARDS: So w e did that proposal, we looked at everything that she adde gave numbers for what she could do for the stores, for sales, fo el, parking. When I say "parking," if the meters were down, the would take the fees for us, but we would get $9, and she Id get a dollar for her credit card transaction if she had to to on for parking. If. But t at all included. And so when we talked about it, you know, I wa , well, I don't have a problem if you're renting. We neve em exclusive rights. We never told them that they c t e any of their equipment on site or anything. N1011 e currently does this as a business or a side business, and if that was an opportunity for the County to get more revenue, because we get 8 percent off all gross sales, I was like, go for it. CHAIRMAN LoCASTRO: But what you found out today was there was other people out there that -- Page 217 June 27, 2023 MS. EDWARDS: Correct. CHAIRMAN LoCASTRO: -- whose bids you never saw because they were sort of chased off with emails like what Glenn read. MS. EDWARDS: Correct. COMMISSIONER KOWAL: I'm still a little confused because -- I'm sorry [sic] with names, but -- MS. EDWARDS: Olema. 0 COMMISSIONER KOWAL: Sitting behind y Twice you made the statement that this was ' hought, that in a discussion, it was an afterthought. Was ' e ought putting together the advertisement, or was -- th IV IV t' w at -- I just want to get clarity when that became an afterth ht or when it was discussion, a roundtable discussion. MS. HERRERA: So the RFP NN ' sued to request a concessionaire to provide all the es as listed in the RFP, and in the criteria, like I mentioned e , there was a line stating that if there's any other rental o i ies, to go ahead and list that for consideration. The quest did come in through BidSync. It was discussed with county 4aff. And at that time the response was, no, the County's not,# ing for watercrafts, per se, for the kayak services. The Ps sed. We received two. Now, let me just put it into perspe We did advertise for a total of 47 days only becau was not a lot of competition. So when the RFP closed, we did eive two submittals. And 5,693 vendors did get the notification of the RFP, and 45 viewed the RFP, and we only received two within those 47 days. The proposal is received. The watercraft services are included. Contracting negotiations, Ms. Olema attended those contract negotiations. And then as part of those contract negotiations, they Page 218 June 27, 2023 discussed including the watercraft portion of it. That's why you see it in this contract as written because that was accepted by the County at the time that they were negotiating. CHAIRMAN LoCASTRO: But were you aware somebod from your office had chased off other possible vendors, telling t that they couldn't add watercraft into the contract when you w holding a contract from BluWater that had all of those thin er initial bid? MS. HERRERA: I was made aware yesterday question was posed in regards to that. At the time that the on did come in, it was presented to Parks county staff, and r o se was no at that time. CHAIRMAN LoCASTRO: What d&2u mean "no" . MS. EDWARDS: No, that they w! t interested in including those additional services t 1��ime, that it was strictly a concessionaire to run the marina . CHAIRMAN LoCASTD ut BluWater did include them in their proposal. MS. EDWARDS: ect. CHAIRMAN LoC,OKS RO: So, technically, if we would have been doing this percent correct and we were sticking to our guns of "we are no i clu &ng watercraft," when BluWater made their proposal a d h 11 the watercraft in there, we should have called BluWater and said, hey, you actually submitted a faulty prop nstead, that proposal looked very attractive to us because it hese bells and whistles, and you and your staff didn't re there was other interested vendors that got chased off because they were -- it would be one thing if Glenn sort of, and others, maybe misunderstood the proposal, but, you know, when he read the email, that was really the smoking gun. We don't really know how many vendors got chased off who Page 219 June 27, 2023 would have submitted something very similar to BluWater, and that's why they take exception to it. And then not only were they chased off, but we accepted BluWater's bid that was on steroids with all the watercraft stuff, and we sealed a deal. And, you know, I mean, having said that, as our contract ex , I guess I would ask you, what's your recommendation? I me s is -- this is the business that you're in to represent the Count . nd this isn't to throw anybody under the bus, but I think we 11 appreciate this is a little bit sloppy, and we want to d right and we want to make sure that we are transparent. So as our lead contract person that's stan h podium right now, what's your suggestion? Do you think s ould just honor the BluWater contract and tell the people tha ere chased off by Carlos' email, hey, sorry we made a mistaki. o d, so sad, but, you know, we've got a great thing in from, s here, and we're going to be open in minimum time and, w, be serving citizens, or should we go back to square MS. HERRERA: urement ordinance provides for the County to reserve its righ negotiate any type of contractual relationship. 40 The RFP, a , included language that the services were limited but n ec c to all of them, it is really at the discretion of the Board. Li ommissioner Hall had mentioned earlier, there really are t tions. We either go back and request for the rem e language to clarify it completely or we go out and we g the RFP process again. Understanding and knowing that yo ' robably going to -- may end up potentially with limited competition based on the last posting and the time that we advertise for 47 days, but in any event, that is really the Board's decision. COMMISSIONER KOWAL: Can I ask another question real quick? Page 220 June 27, 2023 CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER KOWAL: There was two bids? MS. HERRERA: Correct. CHAIRMAN LoCASTRO: Did the other bid have any contingency to do watercraft rental? MS. HERRERA: No. �+ COMMISSIONER KOWAL: No. 'V CHAIRMAN LoCASTRO: I mean, hearing every�,Q that we've heard here, my motion would be that we accep .BluWater contract but we exclude watercraft, we get an ans m BluWater, and then if that's something that seems like it a petite for it here, then the watercraft could be a separate co tr ctor. BluWater could bid on the separate water contract, Aou d Glenn, so could a bunch of other people. But the con4rakllioVe stores and the things that BluWater would have, you me would find out from her. I mean, that -- to me that ju t e s the lesser of all evils. I think going back to square ze n though this is a little bit sloppy, you know, I mean, the peo l t are getting harmed here the most are our citizens. And so, you know, we have to take that into consideration. So we mig of have done this one perfectly, but we do have a contractor th s re red to get these stores reopened. The watercraft, to are secondary. I mean, I can tell you all but one of these is in istrict, and nobody is complaining that they can't rent a kay ey're all complaining about the stores, the bait, the ice, the wart , everything. That's 100 percent of the complaints. Be ause they know they can get a kayak. They know they can find somebody or what have you. So I'm really concerned about the stores. Commissioner McDaniel, and then Commissioner Saunders. COMMISSIONER McDANIEL: I think we ought to rebid it. Page 221 June 27, 2023 I -- you know, with the -- with the already open bid that's set as minimum parameters. And on the premises that you said, Glenn could have partnered with a 7-Eleven owner, and, actually he chose not to bid. There -- is he Zach's client? I can't remember the name of -- I don't if Jack actually named his client, but -- and it really 1 immaterial. We have two vendors that are here right now that were' d, no, we only are looking for -- solicitation is only for the ma' Ince of the -- or the management of the marina and nothing e So they just didn't even bid on it. There may be other companies out there t 1 And I think we should -- at the sake of making people go t a i erent store to get their ice for a minute, I think, in trans ency, we should rebid it. CHAIRMAN LoCASTRO: VYh 't we accept BluWater with the stores only, though, 9you the watercraft? Why couldn't we do that? BecausGIuldn't have bid on that, so he wouldn't have turned in a bid have said, I'll take the store exclusive of the watercr know, in my mind we're sort of splitting the differe e and we're being fair. COMMISSIONEF..#McDANIEL: How many -- why? The answer is, how many didn't bid because they thought it didn't include the rental, an h w many are qualified that could have but didn't bid? Just -- tha ' m hy. CHA N LoCASTRO: Commissioner Saunders. S SIONER SAUNDERS : I think we're ready for a t I wanted to ask just a quick question. You had a second bi MS. EDWARDS: Yes, sir. COMMISSIONER SAUNDERS: And was the second bidder's terms comparable, or what was wrong with the second bidder? MS. EDWARDS: They really didn't have a strong proposal. Page 222 June 27, 2023 COMMISSIONER SAUNDERS: Okay. So we really are kind of down to one? MS. EDWARDS: Yes, sir. COMMISSIONER SAUNDERS: All right. COMMISSIONER McDANIEL: Based -- and that one is ed upon the RFP and an email that went out that said we're only g for the management of the marinas. COMMISSIONER SAUNDERS: I think the pru Ching to do because of timing and everything is to -- and I'll his as a motion just to get -- I hate to say "just to get the di on going," but I'll make a motion to direct staff to go bac o ater, indicate that the inclusion of the kayak rentals was not rt of the bid request and that is to be removed and see ' hey're still willing to go forward with the contract. That wo�ul a t a conforming bid to what we had asked for. If they s en we're going to have to rebid, and that's going to be -- th t be a problem. CHAIRMAN LoCASTAwould second that motion. It's still not tied up in a nice glow, but, you know, we also have to look at the emergent con n that we have here, the misspeak by our county person. So I would second that. Commissio McDaniel. COMMO ER McDANIEL: Just one clarification on the motion m er.Nlon't specify it to be kayak rentals. Watercraft rentals, et S SIONER SAUNDERS: Yeah. It was -- I think, rentals is what is in -- CHAIRMAN LoCASTRO: All watercraft rentals would be -- COMMISSIONER McDANIEL: You said "kayak" in your motion, I just wanted -- if we're going to do the -- it probably won't hurt, because we have a limited pool of people that will be bidding, but I think doing it that way -- Page 223 June 27, 2023 COMMISSIONER SAUNDERS: No, you're absolutely right. I misspoke. COMMISSIONER McDANIEL: Including watercraft would be -- CHAIRMAN LoCASTRO: But then I would expect we co d get that answer quickly, you know, and we shouldn't have to maybe even for the next commissioner meeting. You kno , ounty Manager could let us know what the answer was. You ka, let's not burn a lot of daylight here. �• If BluWater totally falls out, then we are bac pare zero, I mean, if this motion passed. But I've got a 'o I' e got Commissioner McDaniel lit up again. Go ahe d, w1rsir. COMMISSIONER McDANIEL: 'u t as a -- and we can go ahead -- if you want to, we can gp 9 d vote. I just wanted to ask if maybe we wanted to go a d at least give a consensus on staff s next move. If BluWate epts our proposal with their contract minus the watercraft , we're done. If not, then just go ahead and give notice to,, proceed with another bid and go forward. CHAIRMAN LoCASTRO: Right. MR. KLA OW: Do you want to authorize the County Manager to e in that contract if BluWater agrees to that? CHAI LoCASTRO: Yes. COM IONER McDANIEL: Yes. Q&J.RMAN LoCASTRO: Yes. OMMISSIONER McDANIEL: And then -- and then staff to Ad if -- with those advertised numbers as a minimum for the next RFP. CHAIRMAN LoCASTRO: If we had to do that. COMMISSIONER McDANIEL: If we have -- if BluWater doesn't accept our terms. Page 224 June 27, 2023 CHAIRMAN LoCASTRO: Are we as clear as mud here? So the motion is made by Commissioner Saunders, seconded by me, but we haven't taken a vote yet, but just so you can have it clear here, is that we go back to BluWater and say, we misspoke or what have you, but, you know, the extras that you added in weren't part of the in ' 1 bid that we let the world know, so we are excluding that. W to see if you will, you know, keep the contract that is basic the store, the fuel, and all of that, and then get that answer. if that answer comes back, oh, no, all the frosting and all th as are what really locked in this contract, then guess what? B square zero. And then let's do an expedient, you know, reb * tart from square one. MS. PATTERSON: Commissioner , 'f we're re- -- if we end up rebidding, do you want the paddle s an option clearly or -- S COMMISSIONER McDANIWatercraft rentals, et al. CHAIRMAN LoCAST &NVatercraft rentals. COMMISSIONER EL: And that's -- the only exclusion in this contract he exclusion of -- other than her licenses. She's allowed still to rent and do as she does, but she's just out of the fixed -- the fixed stores. MS. PA T RSON: Understood for what we're talking about with B1uW ter. ut should we have to go and rebid this, do you want the w raft to be allowed -- clearly specified as allowed unde id or no? IRMAN LoCASTRO: Yep. S. EDWARDS: And will it be the exclusive? COMMISSIONER McDANIEL: I think it should be excluded. COMMISSIONER HALL: I think it should be included. COMMISSIONER McDANIEL: Included? COMMISSIONER HALL: Yeah, because that offers -- that Page 225 June 27, 2023 gives Glenn the opportunity to bid for the store and the watercraft. MS. PATTERSON: Understood. COMMISSIONER HALL: Because he was told that he couldn't bid with the water. MS. PATTERSON: Nonexclusive? CHAIRMAN LoCASTRO: Okay, wait. Before every�101 just sort of -- okay. So Commissioner Hall thinks it should've included, okay. SIt? Commissioner McDaniel, do you have a comm i COMMISSIONER McDANIEL: Yeah. CHAIRMAN LoCASTRO: Okay. All I' trying to -- I'm trying to get some order here rather th hat we -- you know, controlled chaos where we're sittin ere just debating each other, so... COMMISSIONER McDANI �, it were me, I would exclude the watercraft rentals fro t fixed site locations. CHAIRMAN LoCASTRQ�,'�Okay. Commissioner Saunders, what's your thought if it gCts Vo that point, include or exclude? COMMISSIONER SAUNDERS : I have no idea. CHAIRMAN LoCASTRO: Okay. All right. CommissiomikKowal? COMMISSIONER KOWAL: I think we need a professional retail pers ru .ng these stores. This is what we're really looking for. So I t if we have to rebid it, I think we should be clear there' tercraft in the new bid because that's going to give p ek- eople that may bid on this just because they want to have the image of having a brick -and -mortar store for their watercraft, and they don't really care about selling the stuff. And we want to service all of Collier County citizens with the right service that they deserve in these stores. They can get watercraft, they can get their jet skis, they can get those rentals through the people that have the permits Page 226 June 27, 2023 that are professionals in doing that. I think this whole thing -- we own this. We own this through that email that we heard today, and we have to try to fix it up here the best we can just to be transparent. So I think -- I think the best way it goes -- this is -- what we looking for is a vendor to run our stores. And if BluWater w be that person, they have that contract in hand already with he watercraft. If that's not what their intentions were, thei 0 motive -- because I come from a business where ther . e, motive. You look for motive, why people do things. If th V their motive and they walk away, then maybe we will find e 7-Eleven runner, person, operator, or whatever you wan o ca 1 them. CHAIRMAN LoCASTRO: And hqrtSs the thing about BluWater. If they keep the stores, if s to that, she can do the same thing Glenn's doing and t or whatever, but, you know, she owns the stores but can ti do things outside of the stores. But I agree with Commi Kowal; this whole thing was about having stores that rything from Twinkies to shrimp to bait to ice, and that's the b hing. All the other stuff, we already have plenty of vendors that do that. And when Caxambas opens, there's going to be a barrage of businesses, or maybe not -- depending on what the City of*Varco decides -- but at some of our other places. That's never been sort of the missing piece. It's replacing the store owner. So I tank what we tell BluWater is we're only accepting the store part, all watercraft excluded. It doesn't mean she can't do watercraft with a separate permit, like Glenn does on a regular basis, and everybody else. But the brick -and -mortar is the brick -and -mortar. And then if she says, oh, it's all or nothing, then we've got to go out for bids. And I think, actually, the watercraft should be excluded. I think it's -- so I don't know -- I don't know Page 227 June 27, 2023 what the count was up here. COMMISSIONER McDANIEL: 4-1. CHAIRMAN LoCASTRO: But, actually, I think that's step two. I don't know that has to be decided right now. I think we should take this in smaller chunks and go back to BluWater and if she wants to keep the store contract. ztsl MS. EDWARDS: Yes, sir. Will do. 'V CHAIRMAN LoCASTRO: Commissioner Saund 10 COMMISSIONER SAUNDERS: I'm going to raw my motion, because I've forgotten what it was, and to ommissioner Kowal and ask him to make the motion, beca t e said was spot on. CHAIRMAN LoCASTRO: Don't he angers, though. COMMISSIONER KOWAL: J alian. Yeah, I think -- this is what king for. We're looking for a vendor, and I think that the :Z�Its of Collier County and the people that use our parks dese at. It needs to go to her and say, listen, this is where we'r, your bid to have if you want it, run the stores, run the best --Nimay be the best person in the world to run the store. So the mot' is we just give her the offer to -- right of refusal, remove the w cr , and then when we have to re -put it out, if she doesn't accept , it's only for a vendor to run the retail portions and fuel sales Athtse stores that we own. ISSIONER HALL: I second it. MISSIONER McDANIEL: With a minimum -- if we do re * , lt has to be the minimum -- COMMISSIONER KOWAL: Oh, yeah, and it has to -- and we have to put it out there. This is what we're looking for, a minimum in the contractual agreements for percentages to and from the vendor to the County, those numbers included. Page 228 June 27, 2023 MR. KLATZKOW: And if the vendor agrees to omit it, then the County Attorney's authorized to sign the agreement? COMMISSIONER McDANIEL: Correct. CHAIRMAN LoCASTRO: Yes. And if not, let us know immediately that BluWater has not accepted the deal and we're, know, going to go back out. And, you know, it is a lucrative contract. It's not just tore selling Twinkies. It's fuel, it's -- you know, yeah, the p i comes to us, but it's a big operation. I mean, the watercraft 't think is her cash cow. It's the stores, I would think, but I be wrong. But -- okay. So I have a motion and a s n a -- COMMISSIONER McDANIEL: Don't p at it. CHAIRMAN LoCASTRO: I'm so COMMISSIONER McDANIE�: n't repeat it. CHAIRMAN LoCASTRO:and a second. All in favor? COMMISSIONER HAL ye. COMMISSIONER EL: Aye. CHAIRMAN LoCA RO: Aye. COMMISSIONER KOWAL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIR LoCASTRO: Opposed? 9MMISSIONER .) CHN LoCASTRO: It passes unanimously. RD S : Thank you. N LoCASTRO: Bring me the head of Carlos. McDANIEL: Don't repeat it. CHAIRMAN LoCASTRO: I'm Italian, too. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Page 229 June 27, 2023 Item # 15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMM E S IN THIS MEETING A MS. PATTERSON: 15A is public comments on e l topics not on the current or future agenda by individuals no dy heard during previous public comment in this meeting. MR. MILLER: We have none. Item #15B1 4TH OF JULY FIREWORKS UP -COUNTY LOCATION IS PARADISE COAST SPORTS C EX WITH FREE PARKING, GATES OPEN AT 11 AM. TWILL BE 8 FOOD TRUCKS & CONCESSIONS, FAMI�-jYQI"IVITIES BEGIN AT 3:00 PM. THE MOVIE WILL BE SVDLOT BEGINNING AT 6:30 PM. LIVE BAND BEGINS AT �7 00 PM AND THE FIREWORKS STARTING ATf�M ALSO, SOUTH MARCO BEACH FIREWORK,T'A�I'ING AT 9 PM WITH FREE PARKING AT TIGER TAIL EACH STARTING AT 6 PM TERSON: All right. That brings us to 15B, staff proj dates. First we have an update on the 4th of July fir ks. CHAIRMAN LoCASTRO: Okay. MR. HANRAHAN: Good afternoon, Commissioners. James Hanrahan, regional manager of Parks and Recreation, alongside with Paul Beirnes and Marissa Baker. Page 230 June 27, 2023 We wanted to just give you an update on the 4th of July. In honor of the Centennial celebration, we wanted to partner with the City of Naples and put on a wonderful event both for the City and the County. I'm not sure if you guys are aware, but the city decided to focus on the parade because the pier is still down as well as a lot the beach access for the City of Naples. �+ So this provided us a wonderful opportunity to partner4 Paradise Coast Sports Complex, Sports Facilities, Touri nd Parks and Recreation. So for the 4th of July, on the screen there yo ' at the Paradise Coast Sports Complex where the fir r i 1 take off. People will be able to view it from the stadium e ting, the great lawn, and the Cove. The facility will open -- the Cove n at 11:00 a.m. with family activities beginning at 3:OOAp. hich includes face painting, RC -- you know, the RC motor vel�es that you can run through the courses, sorry, as well as facffela g, live art. At 6:30 we'll have a movie on the JumboTro live band beginning at 7:00 p.m. CHAIRMAN LoC�S RO: What's the movie, just so we know that it's nothing °�troversial that we're going to hear? What is it? MR. H IIAN: Absolutely. It's Sandlot. CHAI LoCASTRO: Okay. Perfect. MR. HAN: There were -- we did a lot of research to mak at it was something very appropriate for the entire fa AIRMAN LoCASTRO: I just wanted to know. COMMISSIONER KOWAL: Born on the 4th of July. MR. HANRAHAN: No, and definitely not Independence Day. That one was mentioned as well. Like I said, with the fireworks beginning at 9:00 p.m. I do want Page 231 June 27, 2023 to thank Zambelli, who we have back after -- we haven't had them for the last two years. They have been phenomenal in working with us to make sure this is a success. They -- like I said, after the hiatus of two years, they know Collier County. They love coming to Collier County, so they're really excited to work with us for the fireworks. The Cove will be open, as I mentioned, from 11:00 a.iT . e will have at least eight food trucks. Also within the stade, on the back side of the stadium, the concession areas will be o en as well with satellite options for beverages and food. I'm going to pass it over to Paul to talk a t arketing program. MR. BEIRNES: Good afternoon. Ar the record, Paul Beirnes, division director of Tourism. Just really briefly, we're going t6,gN word out and drive people to the sports complex. We've alr d kicked off some paid social Facebook posts and paid sear . Actually, starting to on WAVV FM, WINK FM, Latino 97.7, and Gator Country, be 30-second live reads that will run right through until July 4th, actually. Naples Daily News, starting tomorrow, thereAl be a ribbon along the bottom of the front page as well as a sky�rper that every day will have a slightly different message. 4m Deficarpooling is going to be really encouraged. So as we g c to it, we'll be amping that up. hen we have a digital mobile truck which is kind of a box tru ith large panel LED screens. Not only will -- in the couple days prior will we have that in the community, it will actually be part of the Naples 4th of July parade. So it will be an obvious one telling everybody to join us later on that day. So that's what it looks like there on the right, and on the Page 232 June 27, 2023 left-hand side in the color where it says "beach" is the panel. We'll have that running all the way through until Monday of next week. And, actually, we've got this event on calendars. In fact, at 3:00 and 6:00 on WINK News, they're running a segment that I was interviewed yesterday. We've got pages on our website, emails going out, so a good amount of communication. I think James had some wrap-up as well. MR. HANRAHAN: Absolutely. I just wanted t mention that the City of Marco Island would have their firew well. Parks and Recreation will have staff, both the par rs and maintenance, to attend to the Tigertail Beach a a ditional parking, and that will be free to the communit And, lastly, we hope to see you all t at Paradise Coast Sports Complex to honor America and the .4t . Thank you all. CHAIRMAN LoCASTRO: y thing I was going to add -- because I've seen a lot of so 'a media things, but on a lot of it, it doesn't clarify free parking ports complex. And the majority of events we've rheportscomplex, be it lacrosse, the football, and all these oth ineople are used to the concerts, parking was not free. o So I just -- st -- you know, would just add that, you know, because som op equate the sports complex with not -free parking, b t fo is event, you know, it being free. And t o the county -- and I talked with Mr. Rodriguez about this - 5th, none of us want to be getting calls saying garbage c e 11 overflowing all over the beach, Tigertail Beach's garbage ca ere overflowing, the sports complex is trashed, and all of that. So let's make sure that, you know, we start strongly and finish strong. And we have had some disjointed events before where they were amazing, wonderful events except at 7:00 the next morning when you woke up. Then all of our phones were ringing off the Page 233 June 27, 2023 hook that, you know, the places were trashed and people left behind a lot of garbage and everything. I mean, let's have this be successful from start to finish. But the free parking, got to really make sure you hammer that home because there's a lot of people that still aren't familiar with e sports complex. What I think the genius of this whole thing is, is we're g to introduce the sports complex to a lot of people that hav r been there that are going to find it, go to the fireworks, ev g's free, and then they're going to realize that this is a great event. And, you know, I'll just end it by saying n en Commissioner McDaniel's lit up here -- aweso e o pivoting. And, you know, my hat's off, really, to the Cou eah, we always had something at Sugden Park, but not tp t itude. And, you know, granted, the City's under so enges now, but, you know, we could have taken the easy wad u and just said, you know, we're going to do what we always forward, and now, you k1,04 !rI saw everybody really leaning see the results here. So, you know, I thinNat you all really are to be commended. But, you know, let' moe sure it is an event that we're all proud of and, you know, finish as strong as we start. Commis,'wier cDaniel. COMMIS ONER McDANIEL: You made a comment. Is parking ev47ft6rged for at Paradise Coast? Good afternoon, Commissioners. For the re 1�farissa Baker, sports complex manager for Collier County. ey have -- the operator has charged for parking in the past. They don't do it at every event because every event is negotiated on a situation -by -situation basis, but I do understand how that perception could be there because sometimes it is and sometimes it is not. COMMISSIONER McDANIEL: Page 234 Well, I would like to know June 27, 2023 an accounting of that, how the revenue stream goes, because we're paying for all of the maintenance and the upkeep and so on and so forth, and I'd like to know -- I'd like to see -- I didn't realize ever that there was parking fees charged at our public park. So I'd like to see that sooner than later. MS. BAKER: Will do. �v COMMISSIONER McDANIEL: Okay. MR. HANRAHAN: Chair, to your point, the mai ce team for Parks and Recreation, they've been awesome. W ' obilizing from all of our regions, and they will stay until the ' done that night. It actually says in the email, until, unt' le o I did want to let you know that we have thought about tha . And one other thing you mentioned, iio want to thank -- as you're right, we pivoted. It's Waste. ent, Emergency Management, Parks and Recreati sheriff, as well as EMS all coming together. We actually ha meeting this Thursday to make sure that we're ready. So it h n a wonderful effort between all of the divisions, all of th ments for the County. CHAIRMAN LoCA O: I know there will be plenty of garbage cans and whatipt at the sports complex, because we're set up that way, and yo ight need some additional ones if we're going to have a bigger r w ere. But are we beefing up garbage cans at Tigertail a d a y places along Marco, like South Beach, which falls under ounty, and other places where we might -- where weir e ly going to get a bigger crowd? pause you can see the fireworks on Marco from anywhere, an have some county locations that will get a larger concentration of people which also means that's where they're going to dump their, you know, drink bottles, their whatever, you know, their food things, and those cans fill up quick on the 4th of July. So are we adding extra garbage cans at South Beach, Tigertail, Page 235 June 27, 2023 and some of the other key areas that are owned by the County? Because I actually sent a note to the City, you know, and reminded them of the same thing, because they have some ownership of some pails. Have we done -- we're doing that? MR. HANRAHAN: I will work with Olema and Rick Gar superintendent of maintenance, to make sure -- to ensure you �+ request. CHAIRMAN LoCASTRO: Yeah. Please make e f that, because we've not had that happen on a couple occasnd we got bit, but -- what have you got, Tanya? MS. WILLIAMS: For the record, Tany i ms, Public Services department head. To answer your question specifically ommissioner LoCastro, Rick Garby and his maintenance team ffed up the holiday weekend, Tigertail included, to inc dicated staff for those beach access areas. CHAIRMAN LoCAST kay. MS. WILLIAMS: e garbage cans will be continuously emptied. will be picked up -- CHAIRMAN LoC,OKS RO: Okay. MS. WILLIAMS: -- from sunup to sundown. CHAI LyoCASTRO: Okay. Thanks. I don' see ybody lit up. Thank you for the update. Next? I COMMERCIAL VENDOR PERMITS - THE 2024 COMMERCIAL LAUNCH PERMIT POLICY HAS BEEN UPDATED AND READY TO GO, COMMERCIAL PERMITS ARE NON- TRANSFERABLE; AND ISSUED FOR ONE YEAR ONLY. Page 236 June 27, 2023 FURTHER RESEARCH AND DISCUSSION ON POLICY WILL BE NEEDED FOR A FUTURE MEETING MS. PATTERSON: Commissioners, Item 15132 is an update on commercial vendor permits. Mr. Mike Ossorio is on his way up. �+ MR. OSSORIO: Good afternoon, Commissioners. rSb he record, Mike Ossorio, Beach and Water. 0 Today we're going to talk about permits. As to arking, we continue to enforce and evaluate parking, and most ly, we actually look for the trailer parking. So we h -time -- we have full-time code enforcement park rangers out th e o educate/promote compliance as relates to trailer parking. We have received some complai mmercial trailer parking, notably over the holiday week d. We continue to engage our stakeholders and our notable CO oloskee as relates to limited vendor parking as well. As of today, 2023 p rSolAd is 61,500. Each permit, the first permit's 250, the second o e is 350, and the fourth and third is 450. And you can see it breaks down to a total number of permits of 212. Upcoming 2024 launch permits, this year, actually last month, we actually r$1iten hS'whole application for the commercial launch permits, a d updated to include checklists for upcoming 2024 launts. Nx�xnch permits, policy has been updated and ready for i for our 2024. xty-four out of the 124 commercial launch companies have been grandfather status for the 2024. If you remember back in November of 2021, there was a perpetuity requirement as if anyone had a license or a permit in 2021, they would be grandfathered in going forward as long as they kept their business open and up to date. Page 237 June 27, 2023 As of right now, we have 64 of those companies that have continued their business since 2021. So there are 60 new businesses. Out of the 64 grandfathered companies, they have a total of 90 outstanding permits. So we actually started with 180 in 2021, and then that went down to 90. So there are 90 grandfathered or perpetuity permits out there that have continued since 2021 tha�►+ are -- that have the license or will get their license for next 20� season. That leaves 212 permits in total. 0 There's 122 permits out there that are on a first first served basis. So in terms of essence is that for th ming season, we have 212 permits, 90 that are guaranteed t� e a ,and that leaves 122 permits out there that could be issu or first come, first served basis for next year. CHAIRMAN LoCASTRO: But suming that 212 is a good number. It's not an excessii er? You know, we've had this conversation before where we e like, is it 180? Is it 190? Well, let's just keep selling th u il, you know, we think that the seams are busting. So is 212 -- it's the n er we have now, and that's the number we're going to -- we're going to max out on in 2024, at least that's your proposal. a don't -- you think that's a manageable number? MR. OS I : No actually, if you look at the screen, you can see the public mercial parking spaces. If you're talking about permits yoalk about one permit, one trailer, one parking space. �&ItAN LoCASTRO: Right. ---O�R. OSSORIO: And so if you actually take a look at the boat tra Section 384, if you actually carried over 212, you're looking at 55 percent. If you had all the boat permits launched out there, they would take 55 percent of the parking itself. CHAIRMAN LoCASTRO: Parking. MR. OSSORIO: So I get why we had to do 180, because we Page 238 June 27, 2023 had to accommodate the people that already had one in 2021, but from my own sense of where we need to be, it's between 90 and 212. So 90 is something we should be -- guarantee the perpetuity people that had one in 2021, but if you're -- if you are looking at my -- for going forward, I would like to reduce that number of 55 percent down to something manageable of 20, 25 percent, between 90 CHAIRMAN LoCASTRO: So why aren't we doing tl t en, for 2024? Why are we proposing 212? Is that what y ' e proposing? MR. OSSORIO: No. My thought is to onl you updated status. Right now we're at 212. It's really di e Consider this as a resolution. You can -- you can dictate ho any permits -- CHAIRMAN LoCASTRO: When 1 we do that? When will we decide what 2024, the magic numb o rmits is going to be? It's not right now. You're just gi n update on how the numbers look right now. But are o going to be coming -- or somebody's going to be comi o is committee like they did last year and give us a prop o w many permits? Because you're prepared to sell permits in cember. So between now and December, we want to jecide how many we want to sell, and I thought the nu was going to be less than 212 because we didn't think we cou 11 support 212 is some of the conversations I recall in here pr iou MR. RIO: My recollection is that in 2021, in November, you with 180, and then you came back -- the Parks d t came back in February and said, hey, we need 212. So I do ' ow how you amend the fee resolution. I think in terms of when you amend the resolution to include that particular number, that would be the day that we actually do it. CHAIRMAN LoCASTRO: Okay. Because we understand the 90, the grandfathered 90, but, you know, the higher number from 90 Page 239 June 27, 2023 to what? You know, that delta in the middle, I thought 212 was a little bit too high on the generous side from previous conversations that we had, you know. MR. OSSORIO: You're absolutely right, Commissioner. And you can actually take a look at the -- the chart in front of you, the 's 384 but, as of today, Caxambas, 54 is closed. �+ CHAIRMAN LoCASTRO: Right. MR. OSSORIO: So that's done. And then if you at the boat ramp for 951, there's rumors or there's speculati t that might be closing, too, as well to go ahead and wor at boat ramp as well. So that's 72. CHAIRMAN LoCASTRO: Yeah, becau e at's the thought I had in the back of my head is that if we s 1 th maximum number starting in December, or we started jo se'ii�, aximum number, we've got to remember that we've e serious damage in some marinas that are going to be clos extended periods of time. So if all those permits are out the two major marinas are closed, maybe indefinitely, beca ej ave major seawall damage and whatnot, the people with ose permits are going want to go elsewhere, and we are going to -- you know, we're going to have created a seriou oblem. MR. OS I . Yeah. So at the end of the day, I would think that, for me as Beach and Water who's going to be overseeing this with our par�'dngers, that we should go by percentage. Percentage equal 30�arkitig spaces, and I would think 55 is way too - 55 percent. So if you're looking at a percentage as 20, ent, then that would come up with a number where you need to be. But I think Tanya has a question about the fee resolution as well. MS. WILLIAMS: For the record, Tanya Williams, Public Services department head. Page 240 June 27, 2023 Chairman, to answer your original question, park staff are currently revising our fee -- Parks fee policy, and this will be something that we'll bring back to you late September, first of October. Staff are also -- now that we have Mike Ossorio on board w *Isl us, Parks administration is also looking at what may be that g l� number. 212 is a large number. We do have 90 that are grandfathered in that will carry over. O So we're going to be bringing back some recomrlot tions as part of our fee policy to you where we would like ossibly identify the types of commercial activities at specific 1 c ites. And we'll bring back some recommendations and some old for you to provide us direction. CHAIRMAN LoCASTRO: Yea uld just say that for 2024, we might want to consider 2 Tally lower number than normal because we're going to h me significant marinas closed. MS. WILLIAMS: Corr CHAIRMAN LoC So although the number might seem excessively low too 'ders, it might just be for 2024 because -- you know, s(ojust work that into -- you know, the equation. The oth t in 'll -- and then I'll go to Commissioner McDaniel an n we have public comment. We did toss around the idea he aving you -all flesh out a totally different permitting proc h was permitting by specific park and not just these g eric ones where people can go willy-nilly wherever they want. AiVe had said a year ago that -- a year ago that wasn't the time to do it because we had so much on the plate, and we waited too long to sort of kick that around. You know, as we approach 2024, make that part of your discussion. And I know that that is a much more complicated Page 241 June 27, 2023 process, but we might be at the point now where our marinas are all busting at the seams, that these generic permits that allow you to just go wherever you want doesn't really give us good oversight on who's going where. And then, you know, we sell 212, and then realize -- and I' Z***Y going to just make up a number just for -- just for, you know, sake of argument -- then we realize 80 percent of those 212 a 1 going to Caxambas or they're all going to Goodland. T Ove're like, oh, my God, that's not what we thought was goi -- and we got in a little bit of that -- of a problem over the la le of years where an excessive number of these -- of thes e ' s that the number kept increasing were really concentrate one or two p g Y locations and so then that's where we wer rainstorming here and saying, why don't we figure out what t c number is for Goodland, the magic number for as? And that's a big ask. That's somebody having to do a I ive and run the algorithm and figure what that is. But I me 're sitting here in June, and we're about to sell permits in D r. Let's -- you know, I would just highly, I mean, suggest th e work all the options into the equation. How many public comments do we have, Mr. Miller? MR. MILL . I have one registered comment that wants to speak on this,Zeei, . CHA AN LoCASTRO: Okay. Let's go to the public comment, rm en I'll go to Commissioner McDaniel, although, I'm sorry OSSORIO: Yeah. I just had one -- right now, actually, it er -- the fee resolution calls for limitations, and your director 9of Parks has that authority, and we actually were looking -- even though if we don't come back, there's going to be some restrictions of different locations. CHAIRMAN LoCASTRO: Okay. Page 242 June 27, 2023 MR. OSSORIO: Even though that -- you might not think the authority does lie with the Parks department, with the director, so limitations in there under the fee resolution. CHAIRMAN LoCASTRO: Yeah. I think that's smart, and it's not because we're trying to restrict their access, but it's so that we know who's going where. And we might sit here and go, wo , know, we haven't sold very many permits for Port of the Isl , so it's like, hey, we could sell 30 more. You know, that w t� whole -- so what's the public comment? And then w to Commissioner McDaniel. MR. MILLER: Stacy, I hope I'm sayin is . h , Mullendore. MR. MULLENDORE: That's right. Th ' pretty good. Hi, Commissioners. Thanks for hav' me. My name is Stacy Mullendore. I am the president of $i ist Charters of Collier County, Inc. I am a fishing guid ears in this county, and I'm a Naples native. I am here because of the ermit situation. My wife and I are looking to move on second chapter of our lives. Part of that is looking at retireme which has led us to putting our business up for sale. It con istsAf me being a fishing guide, which I'm going to continue to d a part-time basis, but it also has an ecotour tour dolphin, shel ' si tseeing boat as well that does have a permit to pick up Er t ounty ramp and has since 2019. So in rocess of trying to sell our business, the big hangup so far f been, to the several people that have inquired about it, is ,e4lNi up permit. Does it come with the boat, and is it trdVable? My wife has spoken to Commissioner Hall's office a couple of times on this, and so far he's been able to tell us that, yeah, it's going to be transferable to the end of the year, but after that I can't guarantee anything. Page 243 June 27, 2023 We have a serious buyer, and what I have with me here is our petition to buy our business, and in that, in the conditions, the buyer says that, you know, he's going to obviously obtain and assure all applicable titles, agreements, permits, and licenses essential to the operation of the business including, but not limited to, the Collie County commercial launch permit are both transferable and �+ renewable to the buyer upon the purchase of my business. So if this permit is not transferable and renewable, ically makes my business worth zero. So that would mea my thing I could sell would be my boat. CHAIRMAN LoCASTRO: Well, that's t e ecause you could sell him the business under the condition the apply for a permit and he be lucky enough to get one, d t en the condition would be, when he secured a permits t ould buy your business. But my understanding, becau is is big business in my district, is that the permits hav e er been transferable. We might have had plenty of people w were doing it, but that's why we have all new faces here, becausNome of those previous people were forced into retirement mho weren't running a very tight operation for the County. I' st being -- being, you know, transparent. Your co s merit, but the, you know, County's position has been t ns ing permits wasn't something that was ever allowed e ough it was done, but we've tightened it up. But you'r -- erson buying your business could buy the business, and it, t ent upon them being one of the people that get one of the re ing 122 permits. And then if they can't, I mean -- I mean, I'll defer to Mr. Ossorio. I mean, this is something that we have debated. You know, we've had these -- you know, it's not a large number of people. So you sit here and say, well, make an exception. But I think we've Page 244 June 27, 2023 only allowed transfer if it was to a family member. So if your son wanted to buy the business, correct me if I'm wrong, Mr. Ossorio, I think that's what the County has allowed. It predates me, so this isn't something that we invented here, but... MR. OSSORIO: I can --back in 2021, it was actually discussed. One of the concerns was if we were going to h�_�o perpetuity of a permit being years to come in the future, it be the same company. And so father and son, same FIN&hzed, b r, yes. They couldn't get any more, but it shouldn't be com or it shouldn't be monetized, these permits, because the its are only good for one year, and, for the majority, it's fi c e, irst serve. That's my thought. It's almost like a beach pe 1 s icker is only good for one year. CHAIRMAN LoCASTRO: Sao i s his business to a stranger and they're still -- there'sS.1n ' the left on the permit, that stranger can pick up that permit has to start from scratch, or he can't transfer it to a strange MR. OSSORIO: ould say if he bought the business, he's going to get a whole FIN number. I assume that that permit would be long and forgotten, be dead. CHAIRM oCASTRO: Yeah. MR. OS I And you would have to go ahead and get in line Dece ber CHAWN LoCASTRO: Right. MR. OSSORIO: You could be the first one in line knocking on somebody's door to try to get this application to get that permit in, beaause right now you're at 122 today. CHAIRMAN LoCASTRO: Yep. Okay. Commissioner McDaniel, and then Commissioner Hall. COMMISSIONER McDANIEL: I appreciate -- I appreciate what you had to say. One of the comments that I was going to make Page 245 June 27, 2023 was while we're doing an analysis on this magic number of how many permits we're going to allow and not allow, give consideration to adjusting the permit parameters. I like the being specific with the ramp that the commercial operators are going to be using, but also give some parameters on the type of licensure. Your business is not worthless. You just have to spend money if you come to a commercial marina and pay the ren your boat and that operator that you're doing. So for you to allee that your business is worthless isn't absolutely correct. Now, I have compassion for what it is that yo n fact, saying, but our boat ramps are for the general b n t for private business operators to utilize and take away fro r public, our private -- or our public use. So one of my thoughts was we.co 1 e license permits for commercial operators, but they ha ilize offsite facilities to park their customers and park their boa hey can come and launch ;t their boat, pick up their Gusto but the customers have to be shuttled in. They're not tali dsp g ipace for our general public that are our -- and I'm talking to you because you're at the podium. I really wanted our staff 0 hear this. And I'm certainly not going to debate with you value of your business one way or the other. We hav -- o you -- if you don't mind, I'd like to talk to my staff. MR. ENDORE: Sure. 90�ZkSSIONER McDANIEL: You happen to be standing at Vir -71 --- I R. OSSORIO: Yes, Commissioner. COMMISSIONER McDANIEL: Did he finish his time to speak? Are you done? MR. MULLENDORE: I had a couple other comments. COMMISSIONER McDANIEL: Please continue. I got drawn Page 246 June 27, 2023 into a debate with you, and I don't want to do that. MR. MULLENDORE: So I run my guide business out of a marina on Goodland, Calusa Island Marina. They have a noncompete signed with Marco Island Watersports. Nobody else in the shelling, dolphin parasailing business can do business outi t marina; however, I'm a full-time fishing guide in addition to the tour boat. So I can guide out of there, because Marco Island to sports doesn't offer fishing; however, my marina won't let duct my tour boat business out of there because of their no ete. So that led me to get my permit in 2019V to p the eco business, and it's been running out of the ramr since just for that reason. I would prefer to be in a privati ut the marinas have pretty much waged war on all sm � ess because all the big marinas are now owned by big c o bons. So they're trying to thin the herd on people doing 1 ss out of their properties. COMMISSIONER IEL: Sure. MR. MULLENDOR So we're kind of -- you know, kind of forced to do business oV o the ramp. I wouldn't prefer to do that, but, I mean, it's n working for us since 2019. I know up years ago, you -all cracked down on limiting new perm' to ople, which didn't apply to us because we had already ha We kind of were grandfathered in. And then I was e impression that, you know -- and he had just *d 60 some or 90 people were grandfathered in if you were in prT1V 2021, which we were. But I was also under the impression that the sticker would go with the boat. So that way it wouldn't be -- I'll backtrack a little bit. I had one buyer come to me and say, listen, I'm interested in your business; however, the sticker, I don't want to be limited to six Page 247 June 27, 2023 passengers on my boat because I'm limited to how much I can charge. So if I can get your boat and take your boat to a 20-passenger or 30-passenger boat down the road and just transfer the sticker onto that, that would really pique my interest into buying your business. Well, I told him that I don't think that's a possibility knowing the situation at the county ramps and the parking. So he walked. Well, this gentleman -- and I operate t�4 a six-pack tour boat business. Almost 100 percent of the o le show up in one car for the parking. So, anyhow, I have somebody else interested ow. I was under the impression that the sticker would st w the boat, especially if the boat stayed in the corporate n , and he would just continue to run it as Bimini Twist Charte , 'us anew president. So that's -- MR. OSSORIO: Well, the ptrt%i ctually goes with the company. But if he's saying that %if it's a new president, it's the same FIN number, well, then tufty will afford for this gentleman. But most likely Osigoing to be a change in name or very similar with a dot or a perm,, and it's going to be a totally different company. So the erpptuity wouldn't fall for that new business owner. CHAIR oCASTRO: Yeah. I did, like, an analogy, and it's a 4boad alo but when we had this conversation about a year ago, s u know, it's like selling your car, but the person doesur driver's license, you know. And then you change the7on the car immediately. the county permit that you currently own, our position had been that it can't be used as leverage to make your business more attractive to a buyer, that the permit is something that went specifically to you. But on the flip side, I stand by what I said before. You could make an agreement with somebody who's June 27, 2023 interested in your business, but it's contingent upon them getting in line quickly and getting their own new permit for the new business that's using your old boat. But, you know, I mean, I think we were pretty firm on that. So, you know -- so to answer your question, you know, that's -- unless, you know, our staff has a different recommen or the commissioners here think that that's a bad precedentAl know that that's been the County's position. Commissioner McDaniel, did you have somethi •And then I've got Commissioner Hall. COMMISSIONER McDANIEL: Not f 1 I want to speak with our staff. CHAIRMAN LoCASTRO: Okay. ommissioner Hall, your question is for? COMMISSIONER HALL: W acy, I just was -- I just -- my understanding of you se it g your business was to sell your business, exactly your busine MR. MULLENDO es. COMMISSIONER L: ABC 123 company, and you just are assigning different Orectors or a different president, which that would be the saNrB o me, your permit would follow in perpetuity with that. If Ter ever changed anything, then you're going to be subject o Mr. Ossorio is saying. MR. ZKOW: These permits do not last in perpetuity, all right. that it's all right to give a vested rights to a permit, now t ;TR,a could do that if you want to establish that, but that's not the wais works. There's no vested right to a permit. We issue them annualy. You could stop issuing them at any time. You can decide only residents, no commercial. You could put them out to bid if you want. The Board has a great deal of leeway, but to say that they're in perpetuity, once you get one, you always get one, that's not the Page 249 June 27, 2023 current policy. CHAIRMAN LoCASTRO: But, see, his advantage is he has one of the 90 grandfathered ones. MR. KLATZKOW: You say "grandfathered," but there's no ordinance that grandfathers this, okay. This is just a current po of the Board -- �+ CHAIRMAN LoCASTRO: Policy. MR. KLATZKOW: -- that could change at any ti And once we start making promises to people that you ca your business with this in perpetuity, with the permit, w arting to get into a vested rights on the permit. And we d a , ut think you're going to need an executive summary and reall m er this one out, if that's what you want to do. CHAIRMAN LoCASTRO: An ber part of the discussion was we have these 90 gtu , ered ones. As those business owners start to retire -- rviome of them don't sell their business; we had several that d to just, you know, stop their business altogether -- it �l 1, pus sort of lean out that 90 number, because we want hat number to be a little bit smaller. I mean, 90 people that automatically get a permit because they're grandfathered i ean, it shouldn't be in perpetuity. I would o e a ew years from now that 90 number would be less becau e so body would retire. They didn't sell the business; they sold t at to somebody in Virginia. Boom, the business evap o now we're down to down 82 and then 77 and 54 and, I ink that was what we had talked about in here is a year 'MR. OSSORIO: That's exactly what happened. with over 180 -- CHAIRMAN LoCASTRO: Yep. MR. OSSORIO: -- 2021, or February of 2022. Page 250 You started You're down June 27, 2023 to 90. CHAIRMAN LoCASTRO: Yep. MR. OSSORIO: So your analogy is actually correct. The permit wasn't in perpetuity. They were just guaranteed the first ones in line to be able to continue the company. CHAIRMAN LoCASTRO: But if he sells his busine:4e �he person who buys it keeps the same name as the boat, name as the charter and everything, they still don't get his -- one they don't get that grandfathered permit, because it goes t gentleman right there. It's specific to the individual, correct I I wrong? MR. OSSORIO: It goes to the compan t e to the company. So if the company doesn't switch c rations as an FIN number, it's still the company with a diffe t president, sure. He can get in line, and he'll be the first Qn - there will be 90. I don't want to say perpetuity, but it t andfathered-in status. Is it the 90 that come for -- this year, 2 upcoming permit launch, what are we doing in January or De r? We're looking at 90. Now, out of that 90 on't come in February, we're going to go and issue those 90, cess, whatever those number -- it might be down to 80 or 10, w� Lever it is, we're going to give those to people that are e waiting list. So there's 24 companies, as it sits today, of wai to o ahead for the upcoming 2024 season. CHAI LoCASTRO: We have some people that have the permits and t're not in a company name. They're in their own pers e, and so when they wind up, you know, that's not a tr le permit. S there's a loophole here where if everything's in the name of, you know, Sunrise Fishing Charters, and he's going to sell that to a guy and it's just going to have a new president, then, you know, to me, what I'm hearing is the loophole is he actually can take that grandfathered permit and give it to Joe Bag of Doughnuts, who's the Page 251 June 27, 2023 new president of Sunrise Fishing Charters. MR.OSSORIO: Correct. CHAIRMAN LoCASTRO: But we've had -- we have quite a few people that that's not how their permits are set up. It's specifically by name. And, you know, me hearing that, I don't 1 that there's a loophole because, I mean, some of the other peo 1 like they were penalized because their permit was in their n and not in the company. And they weren't the president. ere the owner, and then that made the permit untransferable. And a lot of those people came and complain t they couldn't transfer their permits. But he might a to, due to a technicality, because he put everything in a co ny name, and all's he's doing -- COMMISSIONER HALL: STa . CHAIRMAN LoCASTRO: ing -- yeah, like you say, maybe that's not stupid, and I'm n re judging, but I'm just saying that's where some people sai&-nd ounty should have a smarter process that doesn't allo of loopholes. MR. OSSORIO: I Id say that a sole proprietorship is old business. A lot of -- I.4on't know any companies that typically do sole proprietorship They usually have an LLC or corporation, tax reasons, you that with someone in licensing years ago. I mean, there's onl a handful of licensed contractors out there that do business u eir name, under a sole proprietorship. the most part, I would venture to say 99.9 percent of thesnpe its that you see today, the 212, they're all somewhat -- they mighttay they're Mike Ossorio, but they're Mike Ossorio, Incorporated -- CHAIRMAN LoCASTRO: So this gentleman doesn't have a problem then. He can sell the company and transfer the permit to the new company president. I mean, I've got Olema back there Page 252 June 27, 2023 shaking her head going no, no, no. MR. OSSORIO: Well, it depends how you sell the company. CHAIRMAN LoCASTRO: So let's -- I want him to leave here with an answer. Can he sell his company and hand the permit to the new president of his boat? MR. OSSORIO: No, no. �+ CHAIRMAN LoCASTRO: Why not? MR. OSSORIO: Because it's a new company. N Of -- CHAIRMAN LoCASTRO: No, the guy's goin eep the same name, and he's just a new president. MR. OSSORIO: Well, then it's still -- OW& 1 of a new company. New company being new FIN nu e . n other words, he is leaving the company. I could be M' O sorio's Construction today and Mike Ossorio's Constructo ow with a whole different FIN number. If I'm just Ding corporations, am I switching -- CHAIRMAN LoCAST he person that buys this company, do they get a , or they can absorb his? COMMISSIONER L: No, it has to be the same number. MR. OSSORIO: Kyou are just adding a vice president or a treasury, no, tha ' 'ust --that is a -- or he can even name change, but the real key i number. If he's selling his business, and the new busin s/c pany comes in, it very well might -- he's buying the name. HeNygr and open up on the Sunbiz under a difference core ame, and that is a whole new company. So, no, that wyc%Nprohibited, and for very good reason. �N�AIRMAN LoCASTRO: The guy comes in, and he just becomes -- you know, before the business is sold, he takes on a partner, makes him the vice president, then he and wife retire. The new vice president becomes the president. FIN number's the same, company's the same. Page 253 June 27, 2023 Now the new owner of this boat with, what, a brand-new company isn't waiting in line for anything. He's one of the 90 grandfathered people because he bought a company from somebody that had one of the 90 grandfathered permits. I mean, I think that's a foul but, it's, you know -- and it's not his -- I'm not saying he's breaking any rules or anything, but that's where I think our pr is weak, because I have -- I hear from people who maybe were' tat astute to sort of put it in an LLC or whatever, and they Oxed out, and, you know, when they -- when they sell their boaFnicality new person is back to square zero, and they feel like it' and that it's a technicality that's a weakness in our on r permitting selling process. And because of -- because he is able maybe transfer the permit, it's our county permit that mik 1 mpany very valuable to sell because he can say, buy m ny, and you don't have to wait in line for the 122 permits. o e grandfathered, you know. It's like -- you know, you can ' 'n the boat, and it's like you're me. MR. KLATZKOW: s no right to the permit. CHAIRMAN LoCA TRO: What's that? MR. KLATZKOV; There's no right to the permit. CHAIRM oCASTRO: He's saying there is if these -- (Simult e us osstalk.) MR A NKOW: There's no right to the permit. I mean, we issue them ne year, and that's it, all right. They're nontr le. Look, this is a county park. I mean, somehow w lved this and to allow commercial operations in it. AIRMAN LoCASTRO: The 90 grandfathered people get it for a year, but they get it automatically the next -- in 2024. MR. KLATZKOW: If the Board wants to set that as policy -- CHAIRMAN LoCASTRO: Well, I mean, that's what I thought I saw in the slides here. We have 90 -- Page 254 June 27, 2023 MR. KLATZKOW: Right now you are creating a vested interest in his business. We're talking a lot of money here, all right. CHAIRMAN LoCASTRO: Absolutely. MR. KLATZKOW: And what I'm telling you is that's not how we currently set up these permits. If you want to set up these permits to give value to the businesses, that's your prerogative, �►+ CHAIRMAN LoCASTRO: We don't want to do that. MR. KLATZKOW: But telling him he can sell hi ®u iness and transfer the permit, and it will be grandfathered i tes a vested right. You just created a tremendous valu ese permits -- CHAIRMAN LoCASTRO: No, and th ' n at we want to -- MR. KLATZKOW: -- that we just , w at, like $150 for? MS. WILLIAMS: Two hundred Y. MR. KLATZKOW: All rig y're worth tens of thousands of dollars with that vet 'ght. MS. WILLIAMS: As it tly stands, just for simplicity and clarification -- for the re nya Williams, Public Services department head. When an applicant epplies for a commercial launch permit, the application itselk S14ktes: Launch permits are nontransferable, period. That launch it good until the end of the calendar year. Now,i ha e ran into back in 2021 when we had a multitude of people in c ers regarding access to commercial launch permits and t hat we had more demand than we had space to allow, the'a grandfathering in was brought into record. And at this pov time, you do have 90 permits that are grandfathered in. They're still not transferable. They have until the end of the year. They do get first in line to get those 90 permits renewed. But as the language in Parks policy and the application stands, it says that permits are nontransferable, and that's the way your Park staff have Page 255 June 27, 2023 been operating. CHAIRMAN LoCASTRO: But the 90 people get first priority in perpetuity, right? MR. KLATZKOW: No. MS. WILLIAMS: No. MR. KLATZKOW: No. This board, at any time, can d4; that we're going to do away with the permits or we're goin to xeduce them in half or we're going to double them. It's Board gative. CHAIRMAN LoCASTRO: But for right now, the people in December of -- at the end of this year will be -- wi e priority before we start selling permits to everybody e e t? MS. WILLIAMS: Yes, sir, until -- unles tween now and then we change that. COMMISSIONER KOWAL: .I e uestion. CHAIRMAN LoCASTRO:d 'ssioner McDaniel is lit up, but he's over here -- he's got a he c �c e, I could tell. COMMISSIONER McD L: Yeah, he's got a headache because we're having a pub aring on a subject that isn't open for a public hearing. We alloyd a public comment on a circumstance, and we don't need o be debating this right now. This is a -- this is a report from staf 'th regard to our launch permits, and we're -- the interweb is flyng w -- with accolades, so that's what I'm over here o trying to oniNwhat we -- CHAI1rvVAN LoCASTRO: Well, I don't let the web decide -- I don'tkebnth decide this meeting. I think that the detail -- MISSIONER McDANIEL: I'm not suggesting that the we deciding this meeting, Mr. Chair. CHAIRMAN LoCASTRO: The details that have been brought up here to give us information, I personally feel, have been a little bit confusing, and that's why we're all having discussion here. If we want to take the slides on face value and, you know, have a debate Page 256 June 27, 2023 later -- I don't think we were debating. I think there were some things on the slides here that were confusing to this commissioner. It sounded like possibly confusing a couple of others. I'm not monitoring social media right now to determine how to direct this magnet. COMMISSIONER McDANIEL: I wasn't monitoring s i media right now. What I was doing was -- CHAIRMAN LoCASTRO: Okay. O COMMISSIONER McDANIEL: -- objecting t fact that we're having a discussion about something -- we s 't have a public hearing on this, because the last time to d alking about this, we -- the operator community was in abso t uproar. And there are -- there's no argument that we're a s ort on public facilities for commercial operators and are looking to wean away from commercial operators 'l our public facilities. There's no -- you and I are in com e concert with that. One of -- and that, again one of the suggestions that I was thinking about was chan limiting the capacities of the commercial operators tha our public facilities so that we have the greatest -- because k thick t e general consensus is, is our public ramps are suppose to be for the public and not value added to commercial gVerato and the like. CHA N LoCASTRO: I don't think we're having a public meetinw ommissioners are questioning the staff that are here brief This gentleman, you know, got a chance to make some pubM*c ment and then has sat down. SAt I think the majority of our exchange here has been with Mr. Ossorio, with Olema, with Tanya, so I don't look at that as a public forum. But I don't see anybody else lit up here. I think we've given quite a few questions and maybe homework assignments based on Page 257 June 27, 2023 your informational briefing to us that has caused me, you know, some concerns just looking at the numbers and hearing some of the answers to some of the questions. So, obviously, this was an informational exchange, and I think what it has shown us is that before we start selling permits in December, we better start talking about this a little bit, and w 'fogot to make sure that there's not loopholes that certain people, now, are exchanging permits, possibly, without our knowled r ithout our approval. So I mean I think that was -- that was ct clear pp p Y that there's some unanswered questions here. And this commissioner's got a concern t t 1 might not be that magic golden number, especially when, n h next 12 months, two major marinas could be closed for al t maybe a year, so, you know... 0 �V MS. PATTERSON: Comm' s, we'll return back to you well before the December date wi rst of all, some answers to these questions and, second o commendations as well as getting your input. Tha,e can bring this at the appropriate time, at a regular board meeting based on this conversation. CHAIRMAN LoCASTRO: Okay. Anybody else? Commissioner aniel's got a question about his road. No, I'm just kidding. a ad. CO I NER McDANIEL: Do you want to start on that a4tM ain? AN LoCASTRO: Do you own a grader? Did I hear thead, sir. M ISSIONERER McDANIEL: I've got a picture of me on my grader, so be careful. I just want to make the point again. I said it once before, but that man was standing at the podium. Give us a report on alternatives for licensure for these businesses. Page 258 June 27, 2023 MS. EDWARDS: Okay. COMMISSIONER McDANIEL: Again, a business owner shouldn't -- couldn't be -- shouldn't be penalized just because they're a sole proprietor instead of an LLC because everybody's gone to an LLC, but give us some alternatives for categories of licensure -- MS. EDWARDS: Okay. �+ COMMISSIONER McDANIEL: -- so that an operatof�ho has an ecotour business can launch his boat, pick up customers, but they've got to -- they can't take up public access except for that five minutes that he's dumping -- putting his -- not -- e me -- that he's launching his boat and then going forwar w is other things. MS. EDWARDS: Yes, sir. COMMISSIONER McDANIEL: O y. CHAIRMAN LoCASTRO: VYh nt, Olema, is consistency, you know, and no a so, you know, it's crystal clear so... MS. EDWARDS: Abs o I agree. Item #15B3 I CELL SERVICE�T*OWER UPDATE - STAFF HAS A MEETING WITH VERI ON JUNE 29TH TO REVIEW THE STATUS, HOPING O T THE PLAN IN FRONT OF DSAC SUBCOM EE IN AUGUST, FULL DSAC COMMITTEE IN SEPTE AND TAKE IT TO CCPC IN OCTOBER/ NOV ER AND THEN IN FRONT OF THE BOARD IN DECEMBER/JANUARY. STAFF WILL COME BACK IN TWO WETKS WITH AN UPDATE ON THE MEETINGS CHAIRMAN LoCASTRO: We were at 15B3? MS. PATTERSON: Yes, sir. Page 259 June 27, 2023 CHAIRMAN LoCASTRO: So I asked for this. I know all the commissioners here had gotten a presentation from Verizon, and my takeaway from Verizon was a real positive one, but they sort of left me with the impression that they've been working closely with the county staff, but maybe things aren't moving along as quickly as possible, so -- had some concerns, and that's putting it mildly. But what I said to the County Manager was, I think it �t be beneficial to all of us to hear from the county staff and s -Qr to rumor from fact but also, too, to figure out maybe a ggressive trajectory or to hear that we actually do have one. And so, Mr. Bosi, give us the overview oing on with our discussions with cell phone towers and cel one carries. MR. BOSI: Thank you, Chair. Mi Bosi, Planning and Zoning director. S ;Ic? May 1 Oth, Verizon came and ' ke each one of the commissioners, had a conversati o met with staff initially. We coordinated a meeting on Ma with Verizon, went over their initial draft, had a numb stions that we sent to them, they sent us back. We worked wit r consultant that we have on board with AB&B to incorporate those questions and those responses to those questions to our proposed draft. We are e tin$ tomorrow with our consultants as well. We're going to h ve ther working session, and on Thursday we will have a -- we hav eeting at 10:00 scheduled with Verizon to review wher t and the status, and then we're going to give them w re going from here. course, what we know is after we get done with our draft, we have to take it to the DSAC subcommittee, we have to take it to DSAC, we have to take it to the Planning Commission, and then we can take it to the Board of County Commissioners. So we are moving along. Like I said, it's perfect timing. We Page 260 June 27, 2023 have a working session tomorrow. We have a meeting with Verizon on Thursday. From there, we're going to wrap it up, I would anticipate, with the DSAC subcommittee. They don't meet in July. So sometime in August, we could schedule that meeting, full DSAC, in September; Planning Commission, October and November; hopefully, December or January, we could be before the Boar County Commissioners with the updated telecommunicatio ection. And just a -- just a little quirk note, Verizon has -- Zy are vertical real estate customers. Tower companies, A n Tower SBA, Crown, those are the entities that build towe Verizon has a lot of in-depth knowledge and communicateWt them. They've reviewed peer reviewed in terms of you kno best ractices �p �Y p within the State of Florida. We went out, we've tested those, 'v oked at what they've provided. We think it's a good pr t. We think it's going to be something that's going to provid li e We better ease of use for the users and hopefully provide b overage, because we know that these -- these are essenti es. These provide direct e911 communications, and we d to have -- we need to have the most robust wireless communication systems that we have. And the co icating factor is, there's four individual carriers -- fo do al carriers that are out there and their subcarrier one of those have to have the same arrangements and locatio d towers. Not each of them are equal as well. So there' f different variances that go in. hat we're trying to do is provide a telecommunications se ?so7fthe t's permissive to the industry but also respective of the rigproperty owners and surrounding -- surrounding property owners so there's only -- the towers are permitted up to a certain right. Once they get -- a certain height. Once they get past those certain heights, that's when a public -hearing process would Page 261 June 27, 2023 come in and people would have opportunities to weigh in. And that's a balancing act that we're trying to strike the right chord to. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And this has been going on longer than May. Now, I'm assuming your recent meetings, the May you're talking about was last month's May �v correct? MR. BOSI: Yes. Yes, sir. O COMMISSIONER McDANIEL: Okay. So -- 9he frustration that you heard, Commissioner LoCastr , Verizon was the same frustration that I had been expr *n , n it travels all the way back to when the WAVV tower peopl w re here in front of us and hadn't been putting the necessary i astructure in, and I learned that day that we have a code. t ritten in 1996 -- is that what my memory serves me s? MR. KLATZKOW: It goe a forever, yes. COMMISSIONER McD L: Right. It goes back to forever. And the code t urrently have requires new cell tower builders to go get p ission from the other cell towers that are here in order to construct a tower even within the zoning parameters that we have all d. MR. BO at's -- yes, that's called collocation requirements. And you nt Jurisdictions want to have collocation requirements because co ion requirements minimizes the visual intrusions that addi ' ers will have. So there's a balance to it. MISSIONER McDANIEL: Well -- and the other balance is t f balance because you've typified the cell service as an essential service, and it's not designated as an essential service, though it is utilized as such. MR. BOSI: Our Land Development Code recognizes telecommunication towers that provide e911, which they all do, as Page 262 June 27, 2023 essential services. So our LDC recognizes them. We just don't permit them by right anywhere. There's restrictions to them, and that's the complicated nature of it. COMMISSIONER McDANIEL: One of the complicating natures of it. And so the frustration that comes up is that we don't hav n. We have an antiquated code. We don't have a plan to prov for necessary cell service for our community. Again, we'v aproperty rights, and we've got visual intrusions and so ons an rth. So the frustrations get piled on top of, because when hit the button, they want that thing to go, and they d ' t to be constrained by a bandwidth. They don't want o e constrained by necessarily anything. They want that to go. And so that's our -- that's our frustration. MR. BOSI: And one other t thi t the State Legislature has done, in the right-of-way, they are - ey are permitted to locate within the built environment ly a permit. No public hearing, things like that. The thi ose cells are somewhat limited. They're not as -- the radiu n't as effective as a full-scale telecommunication tower, so that's a little bit more costly strategy. So we're t ' to find the right balance. We're trying to find the right bala be een what's the height that could be permitted where it c g - where it goes without a public hearing, what's the height that s a public hearing. ple -- and one of the things that's a little bit frustrating is pointed out that an area near Camp Keais Road and Oil Well Road, that they were having problems with -- problems with coverage. And I questioned them why that was, because in their agricultural zoning district, a tower up to 250 feet is permitted by right. They would just need an SDP. They just need a property owner that's going to lease them a 100-by-100 space for that tower to Page 263 June 27, 2023 go there. So some of the issues that they've identified wasn't with our code. It was with an inability to find a right collocation spot. But we are working with them. Like I said, we're meeting tomorrow. We have a meeting on Thursday. We're going to advance this forward, and we're going to bring an updated telecommunication section for the Board to ultimately consid COMMISSIONER McDANIEL: One thing -- one of uick question. How are they coming with the PUDA on Or e ee, the wastewater/water facility? Oh, he looks at you, Mr. French. Yes, er Jami h, for the record. MR. FRENCH: Good evening,Commis;o . I'm not going to be like Mike Ossori nd say, What we're going to talk about is the Orangetree PUD.a t, but I guess I just said it. But Jamie French, for the �r . Commissioner, I spoke with e endor today. They happened to be in front of you, Mr. Mul They'll be -- they have not submitted yet. They'll b ' ting in the next few weeks for the amendment to the PUDA. he difference with this one is that when Orangetree was createdothis activity was prohibited. COMMISS ER McDANIEL: Specifically. That's why we decided we n ed do the amendment a year ago. MR. R H: Right. They've been on board, sir. Sol-- e working at the speed of the industry, if we thoug - e thought the government worked slow... o theless, I did speak with Ellen Summers today from that firm, a d she said she's nearly ready to submit, and she'll be submitting in the next few weeks. There will be a public hearing as well as a neighborhood information meeting that would be required because it is an amendment to the PUD. So as soon as we get that in, we understand Page 264 June 27, 2023 the importance of that, especially for that community. I've also got a -- so hopefully I've answered your question. I also have a meeting this Friday with Comcast. As it turns out, that small antiquated tower that sits on our golf course site, that's actually owned by Comcast, and there is a tower on there. So w ' e leaning forward with some of these tower owners, for those t y have leases with the County or perhaps those that we know smaller towers that maybe -- we're starting to see that e ent disappear. We have an inspection report, as many of yo be aware. We became more in line with the State overt a e years on their tower inspections. They have a radio en n er or a tower engineer that certifies their tower. It wa ery three years. We've extended that to every five. So as , e' g to note some of this equipment leave or some of these r of -- we're not seeing them to as effective or perhaps they're s a er, we want to start that conversation with them becau n -- I can tell you, driving through the Estates, liviere, we affectionately refer to some areas as the no -phone zone,,, and we know that they do exist. COMMISSIONEF..#McDANIEL: And, you know, there again, you and I -- we a hearing on this a year or so ago. You came through with, st o government -owned properties and that sort of thing, but e �� -- there was -- the left hand wasn't talking to the right with t llocation language that's in our LDC and those sort of th' *'ose -- you know, you had actually produced -- both of you pr ed a list of properties that were what I designated as the low- anguage hanging fruit that could be -- that could be utilized by these tower companies. But I don't know that we've actually effectuated the LDC amendments to allow for that permitting process • :• Page 265 June 27, 2023 MR. FRENCH: And that's part of what we're doing now, and I would tell you that with Mr. Finn's guidance, leadership, and assistance, we're going to look at all of the county properties. But that's on -- that's certainly on his to-do list. And as I said during the budget hearing, he and I speak often, so -- N CHAIRMAN LoCASTRO: Guidance, leadership, and �+ excellence. Boy, we're doomed. No. I'm just kidding. Listen, I would just propose to the County Manager as since there's a bunch of meetings with Verizon, at our next copymissioner meeting, even though it's -- we're not looking for give us a big cell proposal, but I would like a 15B two wee r now to just tell us what happened from the meetings -- MS. PATTERSON: Sure. CHAIRMAN LoCASTRO: 1 0 a us feedback in two weeks on the meetings, not the bi i%I Sal where towers might go or whatever, but, you know, just up to speed. We're not going to meet with Verizon in the n weeks, but you are multiple times, and with the coun s. So I would just say, let's add that to our meeting in two wee nd give us a "how goes it," you know, from those meetin s. Owould be valuable to just get us up to speed. MR. FRE : Yes, sir. We'll do that. And so the Board knows, this i o our economic development and -- as well as feasibility ith ards to resiliency in our community. We're lookin at or our long-range plan as well. AN LoCASTRO: County Manager, what's next? STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: That brings us to Item 15C. This is staff Page 266 June 27, 2023 and commission general communications. Well, Happy 4th of July early. Hope to see you -all at the sports complex. And we also have the time -- just a reminder, because our next board meeting is on the 1 Ith of July, we have the time capsule \s4, opening at the museum on the 7th of July, so Friday, and also tv Time Travelers Picnic. So if any of you are around on Fri afternoon, I think it's going to be a lot of fun. 0 With that, I have nothing else. County Attorney? MR. KLATZKOW: Hopefully Jimmy not at it. Nothing. COMMISSIONER McDANIEL: efu ly who? MR. KLATZKOW: Jimmy I�of n it. CHAIRMAN LoCASTRO: 10 Anything? MS. PATTERSON: Commi si ers. CHAIRMAN LoCAST kay. Commissioner Kowal. COMMISSIONER I just feel bad I'm not going to be -- I'm going to be out o wn for the 4th of July, because I really enjoy the Zambelli Firewwor s show. They really put on a good show. I grew a ith the Zambellis up in Zelienople, I believe, PennsylvaniaAL,-- ey put on a good show. But I'm tired. I'm ready for bed. COM IONER McDANIEL: Yeah, I'm thinking you're past time. IRMAN LoCASTRO: Commissioner Saunders. MMISSIONER SAUNDERS: Mr. Chairman, I've got 12 items I need to go through. CHAIRMAN LoCASTRO: Terri's over here having a conniption. We're already an hour past our break, but... COMMISSIONER SAUNDERS: I just wish everybody a Page 267 June 27, 2023 happy afternoon. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I have nothing. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Happy 4th. I CHAIRMAN LoCASTRO: Okay. We covered a lot o ground today. I just want to remind us, on positive close, y4e.: i two awesome things today. We fully funded a veterans nur i0home, and we had Senator Passidomo here leading it off. Leave here knowing that all of that discussio awesome. We have an incredible opportunity with First t e golf course and all the things that Commissioner Saunders a been leading. And so, you know, thank you for that, anAe look forward to that progress. 0 V And we voted on Option 1 f ntral receiving facility. That's a huge investment in our co nity, and I know that that's something that's going to be a type of thing that's going to live on long past us. So we had a lot of of complicated conversations here about all kinds of other things, but leave here knowing that two big, huge, major things -- qA, also, we approved a storage unit that I hate a little less tha !ryqother storage unit in Collier County, I'll go on record. We're dismissed. * * * * Commissioner Hall moved, seconded by Commissioner McDaniel, and carried that the following items under the consent and summary agendas be approved and/or adopted * * * * June 27, 2023 Item # 16A 1 RESOLUTION 2023-121: A RESOLUTION AMENDING RESOLUTION 2021-120 FOR THE BELLMAR VILLAGE SRA WITHIN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA) BY WAY OF A FIRST AMENDMENT TO THE CREDIT AGREEMENT FOR BL L AR VILLAGE SRA. THE SUBJECT PROPERTY IS LO D IN SECTIONS 2, 3, 10, AND 11, TOWNSHIP 49 SOU TO,NGE28 EAST, COLLIER COUNTY. [PL20210001496] HIS A Z COMPANION TO ITEMS # 16A2 AND # 17A Item # 16A2 RESOLUTION 2023-122: A RE RESOLUTION 2020-24 FOR �IF AMENDING RGRASS VILLAGE SRA WITHIN THE RURAL LAN STEWARDSHIP AREA OVERLAY DISTRICT Y WAY OF A FIRST AMENDMENT TO THE EDIT AGREEMENT FOR RIVERGRASS VILLAGE SRA. THE SUBJECT PROPERTY IS LOCATED IN TIONS 101 14, 15122, 231 AND 27, TOWNSHIP 48 SOUTH, 28 EAST, COLLIER COUNTY. [PL202 I OQQftO1 ] (THIS IS A COMPANION TO ITEMS #16A1 AND # 17A I FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES FOR AUTOZONE #6873 NAPLES, PL20230002698. Page 269 June 27, 2023 Item # 16A4 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR COLLIER COUNTY RESOURCE RECOVERY PARK - PHASE A, PL20230004556. A Item #16A5 �O FINAL ACCEPTANCE OF THE POTABLE WA SEWER UTILITY FACILITIES AND ACCFiLT CONVEYANCE OF A PORTION OF THE P ABT,E WATER AND SEWER UTILITY FACILITIES Fes[ S UTHBROOKE MEDICAL CENTER, PL2023000368 Item # 16A6 RESOLUTION 2023-1 ACCEPTANCE OF �1 UTION FOR FINAL ATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDIC NS, FOR THE FINAL PLAT OF EDGE 75 BY WATERMA LIGATION NUMBER PL20190000548 (FP) AND APP, AUTHOR: SECL� ON NUMBER PL20180003695 (SDP) AND RELEASE OF THE MAINTENANCE XN THE AMOUNT OF $8,946. Item # 16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR Page 270 June 27, 2023 VALENCIA TRAILS NAPLES - PLAT THREE, PL20220007022. Item # 16A8 RECORDED THE MINOR FINAL PLAT ANTILLES 3, APPLICATION PL20220007209. , 4; Item #16A9 �O RECORDED THE AMENDED FINAL PLAT OF MAS REPEAT, (APPLICATION NUMBER PL20 5 ) APPROVAL OF THE STANDARD FORM RUCTION AND MAINTENANCE AGREEMENT, D APPROVAL OF THE PERFORMANCE SECURITY I AMOUNT OF 7.254.920.86. 44, k Item #16A10 n�,v RECORDED THE FINAVAT OF LIDO ISLES (APPLICATION NUMBER PL20�2/20005501) APPROVAL OF THE STANDARD FORM CONSTbt1lCTION AND MAINTENANCE AGREEMENT AND APPR� AMOUN�O THE PERFORMANCE SECURITY IN THE 647,786.28. Item C RELEASED A PERFORMANCE BOND IN THE AM UNT OF $140,960 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20190000063 FOR WORK ASSOCIATED WITH KAICASA. Page 271 June 27, 2023 Item # 16A 12 A VALID PUBLIC PURPOSE AND AUTHORIZE PAYMENT, IN THE AMOUNT OF $675, FOR COLLIER COUNTY PLANNING COMMISSIONER, JOSEPH SCHMITT, TO ATTEND THE FLORIDA CHAMBER OF COMMERCE 36TH ANNUAL ENVIRONMENTAL PERMITTING SUMMER SCHOOL4�V ENVIRONMENTAL PERMITTING SEMINAR FOR To ATES OF JULY 18-21. 2023. Item # 16A 13 RELEASE OF THREE CODE ENFORC VALUE OF $285089.09 FOR PA CODE ENFORCEMENT ACTIC LIENS WITH A $1,139.09 IN THE ITLED BOARD OF COUNTY COMMISSIONERS WARD SLASIENSKI, CODE ENFORCEMENT BOARDI/ 1 O. CEPM20090005339 RELATING TO PROPE 2 HIGHLANDS DRIVE, COLLIER COUNTY, A ASE NOS. CENA20090005343 AND CEPM20090005344, 4L TING TO PROPERTY 1100 HIGHLANDS DAIVE, COLLIER COUNTY. Item # 16A14 EASEMENY USE AGREEMENT (AGREEMENT) FOR LOT 65, PARROT CAY, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 58, PAGE 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY. (EUA-PL20220008520) Item # 16A 15 Page 272 June 27, 2023 EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 70, PARROT CAY, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 58, PAGE 75 OF THE PUBLIC RECORDS OF COLLIER COUNTY. (EUA-PL20230001525) Item # 16A 16 �+y CONSERVATION COLLIER WINCHESTER HEADp 0ERVE INTERIM MANAGEMENT PLAN UPDATE UNDE CONSERVATION COLLIER PROGRAM. Item #16A17 AGREEMENT FOR SALE AND PrAN WITH: (1) STEPHEN CRAPARO, (2) ALBLINDA M. FLEMING, AND (3) IVAN ANDSSER UNDER THE CONSERVATION COLLIE D ACQUISITION PROGRAM, AT A COST NOT TO EX $134,265. Item # 16B 1 y COLLIER C(,�II,�vTY LANDSCAPE MAINTENANCE AGREEMEN�CETWEEN COLLIER COUNTY AND MAPLEW HOMEOWNERS' ASSOCIATION, INC., FOR LAN AND IRRIGATION IMPROVEMENTS WITHIN T RBROOK DRIVE, STANHOPE CIRCLE, AND C FIELD CIRCLE PUBLIC RIGHTS -OF -WAY. Item # 16132 COLLIER COUNTY LANDSCAPE MAINTENANCE Page 273 June 27, 2023 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER HEALTH PARK OWNERS' ASSOCIATION, INC., FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE HEALTH PARK BOULEVARD PUBLIC RIGHT-OF-WAY. Item #16B3 AMENDMENT NO. 1 TO AGREEMENT RT015 BE COLLIER COUNTY AND THE FLORIDA DEP ENVIRONMENTAL PROTECTION TO EX AGREEMENT FOR A THREE-MONTH PE 20231 TO SEPTEMBER 30, 20231 FOR BIO REMOVAL ASSOCIATED WITH RED Al COUNTY. Item # 16B4 CHANGE ORDER NO. �1 OF ROM JULY 1, AL DEBRIS WITHIN COLLIER G 90 DAYS UNDER AGREEMENT NO. 22-8_N "DAVIS BLVD (SR-84) LANDSCAPE IMPRO)iEMENTS - GRANT FUNDED" PROJECT, WITH HANNUL LANDSCAPING AND IRRIGATION, INC., AND AUTHRIZOIVTHE CHAIRMAN TO SIGN THE ATTACHED HANGE ORDER. Item ERONIC SUBMISSION OF THE COUNTY INCENTIVE G NT PROGRAM (CIGP) APPLICATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A PHASE OF IMMOKALEE RD. AND LIVINGSTON RD. OVERPASS PROJECT IN THE AMOUNT OF $10,000,000. Page 274 June 27, 2023 Item # 16B 6 RESOLUTION 2023-124: STATE FY2023/24 TRANSPORTATION DISADVANTAGED TRIP & EQUIPM�T GRANT AGREEMENT WITH THE FLORIDA COMMIS S � FOR THE TRANSPORTATION DISADVANTAGED IN AMOUNT OF $744,198 WITH A LOCAL MATCH X �,688, TO ASSIST WITH SYSTEM OPERATING EXPENAND AUTHORIZE THE NECESSARY BUDGET AMNCWENTS. TRANSIT GRANT AND MATCH FUNDS 40M3Nw Item #16B7 SELECTION COMMITTEE'S PROFESSIONAL SERVICES SERVICES FOR 47TH A EVERGLADES BOUL BEGIN CONTRACT P �YU�Ir R REQUEST FOR NO. 23-8085, "DESIGN IMMOKALEE ROAD TO AUTHORIZE STAFF TO NEGOTIATIONS WITH THE TOP - RANKED FIRM, KIMLEY HORN AND ASSOCIATES, INC., SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR THE BOARD'S CONSIDERATION AT A SUBSEQUENT MEETING (PROJECT #60212). Item C At SERVICES FOR THE CR-846E SURTAX SIDEWALK PROJECT, FROM EAST MAIN STREET (SR 29) TO AIRPARK BOULEVARD, IN THE UNINCORPORATED COMMUNITY OF IMMOKALEE, TO COASTAL CONCRETE PRODUCTS LLC., UNDER THE ROADWAY CONTRACTOR Page 275 June 27, 2023 SERVICES AGREEMENT NO. 21-7842. (PROJECT NUMBER 60228) Item #16B9 CHANGE ORDER NO. 5 TO AGREEMENT NO. 16-6699, PROFESSIONAL DESIGN SERVICES FOR THE "ELEVO � BRIDGE REPLACEMENTS PROJECT" WITH HNTk CORPORATION TO EXTEND THE CONTRACT TrFOR PROFESSIONAL POST -DESIGN AND RELATF�`ERVICES ON THE PROJECT BY AN ADDITIONAL 354 QANVIN A TOTAL NOT TO EXCEED AMOUNT OF $73,734.00VANIS AUTHORIZE THE CHAIRMAN TO SIGN THE ATTAC.HE6 CHANGE ORDER. ROJECT #66066 Item # 16B 10 CHANGE ORDER NO. �1 G 90 DAYS UNDER AGREEMENT NO. 22-8_N "COLLIER BLVD (SR-951) LANDSCAPE IMPRO)iEMENTS - GRANT FUNDED" PROJECT, WITH HANNUL LANDSCAPING AND IRRIGATION, INC., AND AUTHRIZOIVTHE CHAIRMAN TO SIGN THE ATTACHED HANGE ORDER. Item A C GE ORDER NO. 1 TO PROFESSIONAL SERVICES AG EMENT NO. 19-7632 WITH HIGHSPANS ENGINEERING, INC., FOR THE "CEI & RELATED SERVICES ON THE 11 BRIDGE REPLACEMENTS EAST OF STATE ROAD 29 PACKAGE A, B AND C" PROJECT, TO ADD 60 DAYS TO THE Page 276 June 27, 2023 CONTRACT TIME AND REALLOCATE FUNDS FROM TASK 2 TO TASK 1 AND TASK 3 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NUMBER 66066) Item # 16B 12 'V CHANGE ORDER NO. 2, ADDING SEVENTEEN (17 (DYS TO AGREEMENT NO. 20-7708 WITH QUALITY ENT ISES USA, INC., FOR THE DESIGN BUILD OF VET MEMORIAL BOULEVARD EXTENSION -I I ROJECT, AND AUTHORIZE THE CHAIRMAN TO S ATTACHED CHANGE ORDER. (COt?STY'PROJECT NUMBER - �N, - Item # 16B 13 COUNTY MANAGER'S-* D OF THE REQUEST FOR QUOTE ("RFQ") FOR "CCON WETLAND OUTFALLS" UNDER AGREEMENT #2 -78W, "UNDERGROUND CONTRACTOR SERVICES" TO QOUGLAS N. HIGGINS, INC., IN THE AMOUNT O Item # 16C 311600. EL'%viENT TO PROVIDE POTABLE WATER, IEWATER AND IRRIGATION QUALITY WATER ITY SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (HERINAFTER Page 277 June 27, 2023 REFERRED TO AS THE "CCWSD"), THE BOARD OF SUPERVISORS OF THE BIG CYPRESS STEWARDSHIP DISTRICT (HEREINAFTER REFERRED TO AS THE "DISTRICT"), AND COLLIER LAND HOLDINGS, LTD. (HEREINAFTER REFERRED TO AS "LANDOWNER") TO EXCLUSIVELY PROVIDE POTABLE WATER, WASTEW , AND IRRIGATION QUALITY WATER SERVICES WITT BELLMAR VILLAGE. (THIS IS A COMPANION TO loms # 16C2 AND # 17A) � Item # 16C2 UTILITY AGREEMENT BETWEEN CI}k L ND INVESTMENTS, LLC AND COLI�l jVD HOLDINGS, LTD. (LANDOWNERS), THE BOAR PERVISORS OF THE BIG CYPRESS STEWARDSHIP RIOT (DISTRICT), AND THE BOARD OF COUNTY ISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO AS THE GOVERNING BOARD'N THE COLLIER COUNTY WATER SEWER DISTRICT (CfiWSD) TO EXCLUSIVELY PROVIDE WASTEWATER, AND IRRIGATION SERVICES WITHIN THE TOWN OF BIG POTABLE W QUALITY VY4 CYPRESS,ST DEVELO Ite 6C3 ARDSHIP RECEIVING AREA (SRA) '. (THIS IS A COMPANION TO ITEMS # 16C 1 INVITATION TO BID ("ITB") NO. 23-8067, "TAMIAMI WELL NO. 23 GENERATOR REPLACEMENT," TO ZABATT ENGINE SERVICES, INC., D/B/A ZABATT POWER SYSTEMS INC., IN Page 278 June 27, 2023 THE AMOUNT OF $327,681.91 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NUMBER 70069) Item #16C4 CONSTRUCTION INVITATION TO BID ("ITB") NO. 29 , "CARICA PUMP STATION ELECTRICAL IMPR VV QNTSI" TO TECHNICAL MANAGEMENT ASSOCIATES ., IN THE AMOUNT OF $963,100.00, AND AUTHORIZE HAIRMAN TO SIGN THE ATTACHED AGREEMENT Item #16C5 CHANGE ORDER NO. 31 ALI OWNER'S ALLOWANCE TO DIRECTIVE NO. 2 IN THE AGREEMENT NO. 22- ���w 0 IF G A PORTION OF THE THE COSTS FOR INOUNT OF $12,220.08 UNDER ZjTH QUALITY ENTERPRISES USA, INC., FOR THE " CAN BAY BLVD SEWER REPLACEMENT" PR;JE T, RATIFY THE WORK DIRECTED BY STAFF ANLkOMPLETED UNDER WORK DIRECTIVE NO. 2, AND ATTAC Item THE CHAIRMAN TO SIGN THE GE ORDER. BET AMENDMENTS TO RECOGNIZE $912,600 IN AD131TIONAL TIPPING FEE REVENUES RECEIVED AS RESULT OF HURRICANE IAN IN THE SOLID WASTE DISPOSAL FUND (FUND 4070) AND TO USE THOSE REVENUES TO PAY FOR ADDITIONAL EXPENSES Page 279 June 27, 2023 INCURRED AS A RESULT OF HURRICANE IAN IN THE SAME FUND AND AUTHORIZE A BUDGET AMENDMENT TRANSFERRING $80,000 IN THE MANDATORY TRASH COLLECTION FUND (FUND 4073) TO PAY FOR ADDITIONAL EXPENSES INCURRED AS A RESULT OF HURRICANE IA Item # 16D 1 l 0 A RESTRICTED DONATION, IN THE AMOUNT 10,000, FROM THE NATIONAL PHILANTHROPIC T N SUPPORT OF COLLIER COUNTY DOME I AL SERVICES. PUBLIC SERVICES GRANT F 839 Item # 16D2 0 �10 AGREEMENT NO. 23-020-NS, " FEW SOIL FUMIGANT," WITH SOUTHERN SOILS T OLUTIONS, LLC., IN AN AMOUNT NOT TO EX 0000 PER FISCAL YEAR, UNDER A SOLE -SOUR WAIVER FOR A PERIOD OF FIVE YEARS. _ z Item # 16E 1 REPORT IOWME SALE OF 48 ITEMS AND THE SON OF FUNDS IN THE AMOUNT OF $369,395.00 TED WITH THE COUNTY SURPLUS AUCTION HELD ON APRIL 22, 2023. Item # 16F 1 CONSTRUCTION INVITATION TO BID ("ITB") NO. 23-8063, June 27, 2023 "CCSO MARCO SUBSTATION SEAWALL & DREDGE," TO BLUE MARLIN MARINE CONSTRUCTION & SERVICES, INCORPORATED, IN THE AMOUNT OF $327,990, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Item # 16F2 AGREEMENT FOR THE SALE AND PURCHAS ACQUISITION OF FIVE (5) ACRES OF UT FOR THE EXPANSION OF THE COLLIER, MANAGEMENT DIVISION ("FLEET") FA, AREA AT A COST NOT TO EXCEED03 Item # 16F3 MAGIC LIGHTS EVENT T COLLIER COUNTY A INC. 550. O� k THE LAND FLEET PARKING ScONDUCTED BY THE FAIR AND EXPOSITION, Item # 16F4 WAIVED H EQUIREMENT FOR THE ISSUANCE OF THE NOTICE OCEED FOR COMMENCEMENT OF SERVICES UN RCHASE ORDER 4500222179 TO TETRA TECH, I ., PRELIMINARY RECOVERY CONSULTING S PPORT SERVICES FOR HURRICANE IAN UNDER CONTRACT # 17-7116, WHICH WERE NECESSARY TO PROVIDE CRITICAL CONSULTING SERVICES IN THE DISASTER RECOVERY SUPPORT TO COUNTY STAFF, AND TO APPROVE/RATIFY AFTER -THE -FACT PAYMENT OF Page 281 June 27, 2023 $238,056 IN EXPENDITURES WHICH HAVE BEEN INCURRED THAT WERE OUT OF COMPLIANCE WITH THE CONTRACT REQUIREMENTS. Item #16F5 RESOLUTION 2023-125: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DON NS, CONTRIBUTIONS, OR INSURANCE PROCEEDS THE FISCAL YEAR 2022-23 ADOPTED BUDGET. ( BUDGET AMENDMENTS IN THE ATTACHED R SQLUVJON HAVE BEEN REVIEWED AND APPROVED BY T ARD OF COUNTY COMMISSIONERS VIA SEPA4ZA E EXECUTIVE SUMMARIES. NIT Item #16F6 THIRD EXTENSION A NDMENT TO INTERLOCAL AGREEMENT BETWEOLLIER COUNTY AND THE CITY OF NAPLES GOVERYN USE OF CITY OF NAPLES BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAM5�CENDING THE TERM TO SEPTEMBER 30, 2023. Item R ST FOR PROPOSAL ("RFP") NO. 22-8051, "AIRPORT MANAGEMENT CONSULTING SERVICES," TO CRAWFORD, MURPHY & TILLY, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. Page 282 June 27, 2023 Item # 1611 MISCELLANEOUS CORRESPONDENCE Page 283 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JUNE 27, 2023 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Wentworth Estates Community Development District: 12/11/2014 Signed Meeting Minutes & Affidavit 03/12/2015 Oath of Office — David Negip, Michelle May & Joseph Newsome 03/12/2015 Signed Meeting Minutes & Affidavit 05/14/2015 Signed Meeting Minutes 08/13/2015 Signed Meeting Minutes & Affidavit 05/12/2016 Signed Meeting Minutes & Affidavit 08/11/2016 Signed Meeting Minutes 05/11/2017 Oath of Office — James Oliver 05/11/2017 Signed Meeting Minutes & Affidavit 08/10/2017 Signed Meeting Minutes & Affidavit 10/12/2017 Signed Meeting Minutes & Affidavit 11/09/2017 Signed Meeting Minutes 12/14/2017 Signed Meeting Minutes & Affidavit 09/25/2018 Signed Meeting Minutes 01/10/2019 Signed Meeting Minutes & Affidavit 05/09/2019 Signed Meeting Minutes & Affidavit 07/11/2019 Signed Meeting Minutes 10/11/2019 Signed Meeting Minutes 02/13/2020 Signed Meeting Minutes & Affidavit 03/12/2020 Signed Meeting Minutes 05/14/2020 Signed Meeting Minutes 06/11/2020 Signed Meeting Minutes & Affidavit 09/10/2020 Signed Meeting Minutes 10/08/2020 Affidavit 11/12/2020 Signed Meeting Minutes 05/13/2021 Signed Meeting Minutes & Affidavit 08/12/2021 Signed Meeting Minutes & Affidavit 03/11/2021 Signed Meeting Minutes & Affidavit 06/10/2021 Signed Meeting Minutes & Affidavit 01/13/2022 Signed Meeting Minutes 02/10/2022 Signed Meeting Minutes & Affidavit 04/13/2022 Signed Meeting Minutes 06/09/2022 Signed Meeting Minutes & Affidavit 07/14/2022 Signed Meeting Minutes & Affidavit 2) Currents Community Development District: 08/12/2020 Signed Meeting Minutes 09/20/2019 Affidavit 09/11/2019 Signed Meeting Minutes & Election Official Ballot 09/11/2019 Signed Meeting Minutes & Various Affidavits 09/11/2019 Oaths of Office — John Wollard, Robert Summers, II, Ryan Futch, Timothy Martin 10/14/2019 Signed Meeting Minutes & Affidavit 05/13/2020 Signed Meeting Minutes 04/01/2020 Signed Meeting Minutes 07/08/2020 Signed Meeting Minutes 10/14/2020 Signed Meeting Minutes & Affidavit 02/10/2021 Signed Meeting Minutes 04/28/2021 Signed Meeting Minutes & Affidavit 06/09/2021 Signed Meeting Minutes & Affidavit 08/11/2021 Signed Meeting Minutes & Affidavit O1/12/2022 Signed Meeting Minutes & Oath of Office — Paul Zotter 05/11/2022 Signed Meeting Minutes 07/14/2022 Signed Meeting Minutes & Affidavit 08/04/2022 Signed Meeting Minutes & Affidavit 08/11/2022 Signed Meeting Minutes & Affidavit 3) Flow Way Community Development District: 11/11/2014 Signed Meeting Minutes & Affidavit O1/13/2015 Signed Meeting Minutes & Affidavit 02/10/2015 Signed Meeting Minutes 02/17/2015 Signed Meeting Minutes & Affidavit 05/12/2015 Signed Meeting Minutes 09/08/2015 Signed Meeting Minute & Affidavit 10/13/2015 Affidavit 10/27/2015 Signed Meeting Minutes 11/10/2015 Signed Meeting Minutes 12/01/2015 Signed Meeting Minutes 05/10/2016 Signed Meeting Minutes 07/12/2016 Signed Meeting Minutes 08/09/2016 Signed Meeting Minutes 10/18/2016 Signed Meeting Minutes 11/08/2016 Signed Meeting Minutes 11/22/2016 Signed Meeting Minutes & Affidavit 01/17/2017 Signed Meeting Minutes 02/21/2017 Affidavit 03/21/2017 Signed Meeting Minutes 04/25/2017 Signed Meeting Minutes & Affidavit 06/14/2017 Signed Meeting Minutes & Affidavit 09/05/2017 Signed Meeting Minutes & Affidavit 10/17/2017 Signed Meeting Minutes & Affidavit 10/25/2017 Signed Meeting Minutes & Affidavit 11/08/2017 Signed Meeting Minutes & Affidavit 11/29/2017 Signed Meeting Minutes & Affidavit 05/15/2018 Signed Meeting Minutes & Oath of Office — Adam Painter 05/21/2018 Affidavit 08/20/2018 Affidavit 09/18/2018 Signed Meeting Minutes 11/07/2018 Affidavit 12/18/2018 Signed Meeting Minutes & Affidavit 12/18/2018 Oath of Office — Andrew Miller 02/06/2019 Signed Meeting Minutes & Affidavit 03/19/2019 Signed Meeting Minutes 04/16/2019 Signed Meeting Minutes & Oath of Office — Timothy Martin 05/16/2019 Signed Meeting Minutes & Affidavit 06/20/2019 Signed Meeting Minutes & Affidavit 07/18/2019 Signed Meeting Minutes & Affidavit 07/25/2019 Signed Meeting Minutes 08/22/2019 Signed Meeting Minutes 09/19/2019 Affidavit 10/08/2019 Affidavit O1/21/2020 Signed Meeting Minutes 02/20/2020 Signed Meeting Minutes & Affidavit 04/16/2020 Signed Meeting Minutes & Staff Reports 05/21/2020 Signed Meeting Minutes 05/25/2020 Affidavit & Ordinance 07/16/2020 Signed Meeting Minutes & Affidavit 09/17/2020 Signed Meeting Minutes 10/13/2020 Affidavit 10/15/2020 Signed Meeting Minutes & Affidavit 11/19/2020 Signed Meeting Minutes 12/17/2020 Signed Meeting Minutes & Affidavit O1/21/2021 Affidavit 03/18/2021 Signed Meeting Minutes 04/15/2021 Signed Meeting Minutes 06/03/2021 Signed Meeting Minutes 06/17/2021 Signed Meeting Minutes 07/15/2021 Signed Meeting Minutes & Affidavit 09/16/2021 Signed Meeting Minutes 10/21/2021 Signed Meeting Minutes; Affidavit 11/18/2021 Signed Meeting Minutes 12/02/2021 Signed Meeting Minutes; Affidavit 12/16/2021 Signed Meeting Minutes 02/17/2022 Signed Meeting Minutes 03/17/2022 Signed Meeting Minutes 04/11/2022 Signed Meeting Minutes; Affidavit 04/21/2022 Signed Meeting Minutes 05/19/2022 Affidavit 05/25/2022 Affidavit 06/16/2022 Signed Meeting Minutes 06/22/2022 Signed Meeting Minutes 07/21/2022 Signed Meeting Minutes & Affidavit 09/04/2022 Affidavit 4) Landowner's Meeting Wentworth Estates Community Development District 11/11/2014 Signed Meeting Minutes 03/12/2015 Signed Meeting Minutes 05/10/2018 Signed Meeting Minutes; Affidavit & Oath of Office — Robert Kody 5) Fiddlers Creek Community Development District #2 Establishing a CDD Ordinance Packet 04/09/2019 Letter of Purpose from Coleman, Yovanovich, Koester, w/exhibits, Affidavit of Pre -Filed Testimony, Warranty Deed, Affidavit 6) Verona Walk Community Development District 05/19/2023 Proposed Fiscal Year 2023/2024 Budget (October 1, 2023 through September 30, 2024) A. OTHER: June 27, 2023 Item # 16J 1 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPO WHICH THE REFERENCED DISBURSEMENTS WERE WN FOR THE PERIODS BETWEEN JUNE 1, 20231 AND 14, 2023, PURSUANT TO FLORIDA STATUTE 136.06� Item #16J2 DETERMINED VALID PUBLIC PURPQJEFOR INVOICES PAYABLE AND PURCHASING CA 7NSACTIONS AS OF J[JNE 21.2023. v Item # 16J3 AGREEMENT NO. 23-8 1, "AUDIT SERVICES," WITH CLIFTONLARSONALLEN LLP FOR THREE YEARS OF AUDITING S OF $1,371,2 ANNUAL CES IN THE AGGREGATE BASE AMOUNT AUTHORIZE EXECUTION OF THE ENGAGEMENT LETTER. Item �4 R UTION 2023-126: APPOINT A MEMBER TO THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE —APPOINTING NICHOLAS PEARSON W/TERM EXPIRING ON FEBRUARY 11, 2027 June 27, 2023 Item # 16K2 FIRST AMENDMENT TO THE MEDIATED SETTLEMENT AGREEMENT BETWEEN THE COUNTY, LA MINNESOTA RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES HOMEOWNERS' ASSOCIATION, INC., REGARDING SETTLEMENT OF A BERT HARRIS CLAIM CONCELT THE RIVIERA GOLF COURSE, IN ORDER TO EXT � THE TIMEFRAMES PROVIDED FOR IN THE AGREE T. Item #16K3 DIRECTED THE COUNTY ATTORNEY<['O ADVERTISE AND BRING BACK FOR A PUBLIC HFA N ORDINANCE ALLOWING FOR PUBLICATI ERTAIN STATUTORILY REQUIRED LEGAL ADVERTI NTS, PUBLICATIONS, AND NOTICES ON THE C F THE CIRCUIT COURT' S PUBLIC NOTICE WEB LIEU OF NEWSPAPER PUBLICATION. Item # 16K4 APPROV L THE PROPOSED FEE SCHEDULES FOR THE ATTORN ELECTED BY THE BOARD AT ITS JUNE 131 20231 NG TO PROVIDE LEGAL SERVICES FOR THE CODE ENFORCEMENT & NUISANCE ABATEMENT BOARD AN,UOCONTRACTOR LICENSING BOARD. IV Item # 16K5 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF Page 285 June 27, 2023 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST KENNETH ANDREW SLUSSER IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER $20,523.32 IN DAMAGES INCURRED BY THE COUNTY FOR REPAIRS TO THE COLLIER COUNTY GOVERNMENT COMPLEX SIGN, PLUS COSTS OF LITIGATION. Item # 16K6 SETTLEMENT AGREEMENT AND '1�1 RELEA THE AMOUNT OF $950,000 PAYABLE TO LL'IER COUNTY TO SETTLE THE CASES OF COLLIF�2 �I'Y V. MAMMOTH CONSTRUCTORS, LLC (CASE 1-CA-000132), NOW PENDING IN THE CIRCUIT CO OF THE TWENTIETH JUDICIAL CIRCUIT IN AN OR COLLIER COUNTY, FLORIDA CONCERNI COUNTY' S CLAIM FOR DAMAGES TO A 24" TEWATER FORCE MAIN AND THE RELATED CASE OF .*M RISURE MUTUAL INSURANCE COMPANY V. MMOTH CONSTRUCTORS, LLC, AND BOARD OF , Y COMMISSIONERS OF COLLIER COUNTY CA� NO. 2:23-CV-00108-JLB-KCD) NOW PENDING IN THE F L DISTRICT COURT FOR THE MIDDLE DISTI F FLORIDA, AN ACTION FOR DECLARATORY R EGARDING AMERISURE'S COVERAGE FOR THE L Item # 17A RESOLUTION 2023-127: RESOLUTION CREATING THE TOWN June 27, 2023 OF BIG CYPRESS STEWARDSHIP RECEIVING AREA BY AMENDING THE LONGWATER VILLAGE STEWARDSHIP RECEIVING AREA AND CONVERTING IT TO A TOWN, BY DESIGNATING AN ADDITIONAL 544.6± ACRES AS A STEWARDSHIP RECEIVING AREA, TO ALLOW THE DEVELOPMENT OF RESIDENTIAL DWELLING UNITS, �v COMMERCIAL/LIGHT INDUSTRIAL, CIVIC, GOVERNMENTAL AND INSTITUTIONAL USES, .�ENIOR HOUSING SUBJECT TO A MAXIMUM PM P TRIP CAP; AND BY APPROVING THE RECEIVING A CREDIT AGREEMENT AND ESTABLISHING STE P CREDITS UTILIZED BY THE DESIGNATION OF TH OF BIG CYPRESS STEWARDSHIP RECENIN REA. [PL20210001496] (THIS IS A COIvJP TO ITEMS #16A1, #16A2. #16C1. AND #16C2) �Is M Item #17B n�`v V ORDINANCE 2023-33: INANCE ESTABLISHING THE CAYMAS COMMUNIXY EVELOPMENT DISTRICT ON 767.687± ACR OCATED ON THE EAST SIDE OF COLLIER BOULEVA P OXIMATELY TWO MILES SOUTH OF DAVIS B UL ARD IN SECTIONS 11, 121131 AND 141 TOWNSH SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLO L202300003771 Itemr RESOLUTION 2023-128: RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN THE ESTATES (E) ZONING DISTRICT Page 287 June 27, 2023 PURSUANT TO SECTION 2.03.01.B.1.C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A ±2.15-ACRE PROPERTY LOCATED AT 13385 COLLIER BOULEVARD, ALSO DESCRIBED AS THE NORTH 150 FEET OF TRACT 114, GOLDEN GATE ESTATES, UNIT NO. 1 SUBDIVISION, O E WEST SIDE OF COLLIER BOULEVARD, APPROXIMAT ONE-HALF MILE NORTH OF PINE RIDGE ROAD, IN ON 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COL COUNTY, FLORIDA. [PL202200033271 _0 Item #17D RESOLUTION 2023-129: RESOLUTIODdWPPROVING AMENDMENTS (APPROPRIATIN FORWARD, TRANSFERS, AND SUPPLEM � EVENUE) TO THE FY22-23 ADOPTED BUDGET.�I BUDGET AMENDMENTS IN THE ATTACHED RESOkWOARR:D N HAVE BEEN REVIEWED AND APPROVED BY OF COUNTY COMMISSIONERS VIA,PARATE EXECUTIVE SUMMARIES.) June 27, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:01 p.m. BOARD OF COUNTY COMMISSIONER BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) Ol� SPECIAL DISTRICTS UNDER ITONTROL �n RICK LoCASTRO, ATTEST CRYSTAL K. KINZEL, CLERK a✓ These mi as presen I ed by the Board on , or as corrected T SIERIPT PREPARED ON BEHALF OF FORT MYERS C REPORTING BY TERRI L. LEWIS, REGISTERED PR FESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC.