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BCC Minutes 10/24/2023October 24, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 24, 2023 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 October 24, 2023 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 24, 2023 9:00 AM Commissioner Rick LoCastro, District 1; – Chair Commissioner Chris Hall, District 2; – Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; – CRAB Co-Chair Commissioner William L. McDaniel, Jr., District 5; – CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN-PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD’S APPROVAL OF THE DAY’S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. Page 2 October 24, 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 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI Page 3 October 24, 2023 TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Reverend Rex Childs, First Presbyterian Church, Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte disclosure provided by commission members for consent agenda.) B. August 8, 2023, Board Meeting Minutes C. September 26, 2023, Board Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 35 YEAR ATTENDEES 2) 30 YEAR ATTENDEES a) 30 Years Bruce Gastineau - Emergency Medical Services 3) 25 YEAR ATTENDEES a) 25 Years Donna Dowdell - Building Plan Review & Inspection b) 25 Years Christopher Reyes - Engineering & Project Management 4) 20 YEAR ATTENDEES a) 20 Years Barbara Johnson - Parks & Recreation Page 4 October 24, 2023 b) 20 Years Elsa Reza - Information Technology c) 20 Years Mary Long - Parks & Recreation d) 20 Years James French - Growth Management Community Development B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating October 27 through November 4, 2023, as Mobility Week in Collier County. To be accepted by Brian Wells, Director, and Omar DeLeon, Transit Manager, Public Transit and Neighborhood Enhancement. B. Proclamation designating October 26, 2023, as Delta Sigma Theta Sorority Day in Collier County. To be accepted by Lisa Adams, 2nd VP, Rhonda Burns, Co-Chair 10th Anniversary Committee, Diane Haynes, and Celestine Oglesby. C. Proclamation designating November 2023 as Diabetes Awareness Month in Collier County. To be accepted by Tami and Joseph Balavage, President and Executive Vice President and co-founders, Help a Diabetic Child, Inc., Julia Reisman, Operations Coordinator, and Sharon von Arx, representing the von Arx family. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition by Ewa Front on trap, neuter, and release of feral cats. B. Public Petition by Douglas Loewer on local enforcement of Occupational Page 5 October 24, 2023 Safety and Health Administration (OSHA), Florida Department of Transportation (FDOT), and Environmental Protection Agency (EPA) regulations. 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 to be heard at 10:30 A.M. This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning Ordinance for Ascend Naples RPUD to allow up to 208 multi- family rental units, 71 of which will be restricted as affordable, on 17.5± acres of property located on the south side of Vanderbilt Beach Road approximately ½ mile east of Logan Boulevard, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (PL20220002908) (Companion to Item 26707: PL20220003213 - GMPA) (District 3) (26666) B. This Item to be heard at 10:30 A.M. Recommendation to approve and transmit to the Florida Department of Commerce a small-scale Growth Management Plan Amendment Ordinance creating the Vanderbilt Beach Road Residential Subdistrict to allow up to 208 multi-family rental units, 71 of which will be restricted as affordable, on 17.5± acres of property located on the south side of Vanderbilt Beach Road approximately ½ mile east of Logan Boulevard, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. [PL20220003213] (Companion Item PUDZ PL20220002908 Item 26666) (District 3) 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to approve an Agreement for Sale and Purchase with (1) Annecy Marco, LLC, Barfield Hawaii, LLC, and 201 Barfield, LLC (“Annecy/Barfield”); (2) Diane Greene Chestnut; (3) South Terra Corporation; and (4) Agua Colina under the Conservation Collier Land Page 6 October 24, 2023 Acquisition Program, at a cost not to exceed $6,549,900. (Jaime Cook, Development Review Division Director) (District 1) B. Recommendation to 1) Authorize and approve Riviera Golf Estates straw poll survey language for distribution and tabulation by the Collier County Supervisor of Elections to determine the level of support by Riviera Golf Estates property owners for the establishment of a Special District to finance the initial acquisition and ongoing maintenance of the Riviera Golf Course property pursuant to the April 25, 2023, Mediated Settlement Agreement between the County, La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowner’s Association, Inc., for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to application of the County’s Golf Course Conversion Ordinance on the Riviera Golf Course; and 2) Determine whether the boundary of the Special District shall include two County owned parcels in the Riviera Golf Estates used for access to the County’s stormwater management system. (Ed Finn, Deputy County Manager) (District 4) C. Recommendation to approve funding allocations to support the Golden Gate Golf Course workforce and senior housing project to include: (a) conditional award of $2,689,137 in State Local Fiscal Recovery Funding pending Board approval of Amendment Nine, (b) approve and authorize the Chairman to sign an extension to the funding commitment deadline, (c) provide a conditional award of $1,335,703 in Housing and Urban Development HOME funds and a $329,706.40 Community Development Block Grant, and follow the open door application process in accordance with the Citizen Participation Plan, and authorize any necessary budget amendments from Fund 3018 for land attributable to this project. (Fiscal Impact $4,716,300, Fund 3018 and $4,354,546, Fund 1835). (Cormac Giblin, Economic Development & Housing Division Director) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Page 7 October 24, 2023 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) and the BCC acting as the Community Redevelopment Agency Board (CRA) direct staff to negotiate a purchase and sale agreement with Naples Cinematheque, Inc., or its assigned affiliate, for the approximately 1.84 acres of CRA-owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore/Gateway Triangle Community Redevelopment Area (A/K/A “Del’s”), and to bring back an agreement for further consideration. (Gregory Oravec, Community Redevelopment Agency Division Director) (District 4) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. B. Staff Project Updates C. Staff and Commission General Communications ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve the final acceptance of the potable water and sewer utility facilities and the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement for Collier County Public Schools GGG High School, PL20230008668. (This is a companion item to Agenda Item #26475.) (District 2) 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the Page 8 October 24, 2023 plat dedications for the final plat of Estilo Acres, Application Number PL20130002583, and authorize the release of the maintenance security in the amount of $238,130.14. (District 1) 3) Recommendation to approve the final acceptance of the potable water and sewer utility facilities and the conveyance of a portion of the potable water and sewer facilities and appurtenant utility easement for Jasper Flats, PL20230008506. (District 1) 4) 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 Meadowood, Application Number PL20180003143, and authorize the release of the maintenance security in the amount of $612,177. (District 3) 5) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Kelly’s Roast Beef at Founders Square, PL20230011389. (District 3) 6) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $422,048, which was posted as a guarantee for Excavation Permit Number PL20210001914 for work associated with Isles of Collier Preserve Phase 17. (District 4) 7) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to $168,750 in accruing code enforcement liens, arising from Code Enforcement Special Magistrate Case No. CENA20210008684 and Case No. CEV20210008685, entitled Board of County Commissioners, Collier County, Florida, vs. Lee V. Lambert. (District 5) 8) Recommendation to approve the release of a code enforcement lien with an accrued value of $27,800 for a reduced payment of $14,683 in the code enforcement action titled Board of County Commissioners v. Marie A. Louis, Fernande Douyon, and Jean R. Louis, in Special Magistrate Case No. CELU20210013112 relating to property at 946 Hamilton St., Collier County, Florida. (District 5) Page 9 October 24, 2023 B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award Invitation to Bid (ITB) No. 23-8119, “Signal Improvements at Airport Road and Poinciana Elementary School,” to Horsepower Electric, Inc., in the amount of $613,981, and authorize the Chairman to sign the attached Agreement. (District 4) 2) Recommendation to approve a resolution authorizing the conveyance via quitclaim deed to the State of Florida Department of Transportation of all Collier County’s right, title, interest, claim and demand in a parcel of land situated on the west side of US-41 between Cocohatchee River and Clear Bay Drive. (District 2) 3) Recommendation to award Invitation to Bid ("ITB") No. 23-8130, "US 41 (SR45) North Landscape Irrigation Renovation Improvements," to Hannula Landscaping and Irrigation, Inc., in the amount of $267,205.86, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendments. (District 2) 4) Recommendation to approve Change Order No. 2 under Agreement No. 21-7900, “Design Services for Stormwater Improvements for the BCG & CC/CCN Areas” project, with Hole Montes, Inc., to extend the length of the contract by 365 days for Tasks 1-4, reallocate $62,114.00 from Task 4 to Task 3, and authorize the Chairman to sign the attached change order. (Project Number 60102.12) (District 4) 5) Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Agreement (“Agreement”) between Collier County and Isles of Collier Preserve Property Owners Association, Inc., for landscape, irrigation, and concrete paver improvements within the Bayshore Drive public right-of-way. (District 1) 6) Recommendation to award Request for Professional Services (“RPS”) No. 22-8053, “Professional Design and Related Services for Vanderbilt Beach Road Extension Phase II,” to Kimley-Horn and Associates, Inc., in the amount of $1,784,269.20, and authorize the Chairman to sign the attached Agreement. (Project Number 60249) Page 10 October 24, 2023 (District 5) 7) Recommendation to approve and execute a Transportation Regional Incentive Program (TRIP) Construction Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $4,214,438 for the construction of the Vanderbilt Beach Road (VBR) 6 Lane Widening Project and authorize the necessary Budget Amendments (Fund 1841, Project #60199), FPID #446338-1. (District 2) 8) Recommendation that the Board of County Commissioners approve a request to advertise a proposed modification to Ordinance No. 96-84, as amended, to amend the boundaries within the Radio Road Municipal Service Taxing Unit (MSTU). (District 4) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation that the Collier County Board of County Commissioners, ex-officio the Governing Board of the Collier County Water Sewer District, approves an agreement allowing the District School Board of Collier County to install, maintain, repair, and replace fences around the pump station in the County Utility Easement at 15100 Veterans Memorial Blvd, GGG High School. (This is a companion item to Agenda Item #26669). (District 2) 2) Recommendation to approve administratively approved Change Order No. 1, providing for a time extension under Construction Agreement No. 22-7981, with One Source Construction Company & Builders, Inc., for the NCRWTP Storage Building project. (Project No. 70136) (District 3) 3) Recommendation to approve the Easement Agreement with Carol P. Brocklesby, at a cost not to exceed $1,300, for the acquisition of a Utility Easement for proposed water and wastewater infrastructure improvements, Project Number 70141.8.1. (District 4) 4) Recommendation to approve and authorize the Chairman to execute documents necessary for a utilities conveyance for potable water infrastructure on County-owned property located at the Collier County Page 11 October 24, 2023 Sports Complex and Events Center, 3920 City Gate Blvd N, to the Collier County Water-Sewer District, at a cost not to exceed $200. (District 3) 5) Recommendation to authorize staff to increase Board Approved Purchase Order No. 4500207573 issued to CDM Smith, Inc., in the amount of $2,620,803.60 for Tasks 2 of the "Design Services for the NESA Wellfield," Agreement No. 19-7583, which is consistent with the amount previously approved by the Board for that task under the agreement. (Project No. 70198) (District 5) 6) Recommendation to approve Change Order No. 1, adding a 325-day time extension under Agreement No. 20-7760 with Quality Enterprises USA, Inc., for the Design-Build of Pump Station Emergency Power Resiliency project, due to a delay in manufacturing and availability of generators, and authorize the Chairman to sign the attached Change Order. (Project No. 50391) (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve Non-Standard Agreement No. 23-026- NS, “Grant Management Software,” with Benevate, Inc., as a sole source provider of Neighborly Software’s Economic and Community Development hosted Grant Management Software to support Federal/State grant programs, approve expenditures under the Waiver, and authorize the Chairman to sign the Agreement. (Fiscal Impact $594,490) (All Districts) 2) Recommendation to approve and authorize the Chairman to sign a Landlord Payment Agreement between Collier County and BKReed Investments LLC, d/b/a Reed Property Management and Sales, allowing the Community and Human Services Division (CHS) to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions and Rapid Unsheltered Survivor Housing Grants Program. (Housing Grant Fund 1835 and Housing Match Fund 1836) (All Districts) 3) Recommendation to accept a non-restricted grant, in the amount of $1,000, from the National Philanthropic Trust in support of Collier Page 12 October 24, 2023 County Domestic Animal Services. (Public Services Grant Fund 1839) (All Districts) 4) Recommendation to approve and authorize the Chairman to sign the First Amendment to the agreement between Collier County and the Florida Department of State Division of Historical Resources for the restoration of the historic cottages at Mar-Good Harbor Park. (Public Service Grant Fund 1839 and Public Service Match Fund 1840) (All Districts) 5) Recommendation that the Board of County Commissioners adopt a Resolution creating an Animal Medical Treatment Fund to accept private donations to further the goals and purposes of the County’s Domestic Animal Services. (All Districts) 6) Recommendation to authorize the Chairman to sign the attached Agreement between Collier County and the Department of Elder Affairs in the amount of $250,000 for design services for the Golden Gate Senior Center Expansion and Hardening project. (Housing Grant Fund 1835) (All Districts) 7) Recommendation to approve the FY23-24 contract with the State of Florida Department of Health for the operation of the Collier County Health Department in the amount of $1,495,900. (All Districts) 8) Recommendation to approve a Service Confirmation with American Cruise Lines (ACL) for the Collier County Museums to provide the opportunity for self-guided excursion experience(s) at the Marco Island Historical Museum for ACL travelers, accept the related payment per visit, and approve the related Budget Amendment. (District 1) 9) Recommendation to accept and ratify fee waivers granted by the Division Director of Domestic Animal Services for the period of March 1, 2021, through September 30, 2023, in the amount of $6,624.00, in accordance with the procedures set forth in Resolution No. 2018-106. (All Districts) 10) Recommendation to approve the electronic award acceptance and Page 13 October 24, 2023 authorize the County Manager or designee to sign an agreement with the U.S. Department of Justice, Office of Justice Programs Adult Drug Court Discretionary Program, for funding in the amount of $1,000,000, and $333,333.33 in match, and authorize the necessary Budget Amendments. (Housing Grant Fund 1835 & Housing Match Fund 1836) (All Districts) 11) Recommendation to authorize the expense and payment of up to $8,057.74 for one (1) orthopedic surgery on a dog that has been adopted, contingent upon payment for the necessary orthopedic surgery, and deem the expense to have a valid public purpose. (All Districts) 12) Recommendation to approve the administrative report for the Public Services Department Domestic Animal Services Division’s “after-the- fact” purchases requiring Board approval in accordance with Procurement Ordinance 2017-08, the Procurement Manual, and the Purchasing Card Manual, as well as, to approve the payment of $83,414.34 in expenditures that have been incurred that were out of compliance with the procurement requirements for associated invoices that have not been paid. (All Districts) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to award Invitation to Bid (“ITB”) No. 23-8148, “24-Hour Towing and Roadside Services,” to Bald Eagle Towing & Recovery, Inc., and authorize the Chairman to sign the attached agreements. (Estimated spend at $50,000 annually). (All Districts) 2) Recommendation to (1) retroactively approve as of October 1, 2023, all existing Purchase Orders for the purchase of Utility Services for electric, water and sewer needed to operate County facilities and operations; (2) authorize for the next five fiscal years ongoing Utility expenditures not to exceed $19,315,000; and (3) approve Exemption from Competition Forms for the City of Marco Island, the City of Naples, the Immokalee Water and Sewer District, Collier County Water and Sewer District, Florida Power and Light, and Lee County Electric Cooperative. (All Districts) Page 14 October 24, 2023 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve an “after-the-fact” request for public assistance to the Federal Emergency Management Agency (FEMA) for reimbursement of expenses incurred during Hurricane Idalia. (All Districts) 2) Recommendation to authorize the Chairperson to execute twenty (20) Deed Certificates for purchased burial rights at Lake Trafford Memorial Gardens Cemetery and authorize the County Manager or designee to take all actions necessary to record the Deed Certificates with the Clerk of the Court’s Recording Department. (District 5) 3) Recommendation to adopt a Resolution and to approve a License Agreement for Construction Storage for Accurate Drilling Systems, Inc., for the Golden Gate City Transmission Water Main Improvements – Phase 1A – Golf Course to utilize County-owned property located in the Golden Gate area. (District 3) 4) Recommendation to approve a report covering Budget Amendments impacting reserves up to and including $25,000 and moving funds in an amount up to and including $50,000. (All Districts) 5) Recommendation to adopt a Resolution approving amendment (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2023-24 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 6) Recommendation to approve a Resolution approving and authorizing the Chairman to execute a District Office Lease Amendment with Congressman Mario Diaz-Balart for additional County-owned office space within the Golden Gate Customer Service Center. (District 3) 7) Recommendation to approve a Lease Agreement between Collier County and Bigi & Bigi, LLC, for additional office space locate at Court Plaza III, 2671 Airport Rd., Naples, FL 34112, to be utilized by the Community and Human Services Division and Veteran Services Page 15 October 24, 2023 for the housing, social service assistance programs. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopt the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport for 2024. (All Districts) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence October 24, 2023 (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Collier County Board of County Commissioners approve a Resolution changing the boundaries of certain voting precincts. (All Districts) 2) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $74,433,621.53 were drawn for the periods between September 28, 2023 and October 11, 2023 pursuant to Florida Statute 136.06. (All Districts) 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of October 18, 2023. (All Districts) 4) Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2024. (All Districts) K. COUNTY ATTORNEY Page 16 October 24, 2023 1) Recommendation to reappoint two members to the Affordable Housing Advisory Committee. (All Districts) 2) Recommendation to reappoint two members to the Vanderbilt Beach Beautification MSTU Advisory Committee. (District 2) 3) Recommendation to approve a Stipulated Final Judgment in the total amount of $60,000 plus $13,270.18 in statutory attorney and experts’ fees and costs, for the taking of Parcels 329FEE/TDRE1/TDRE2 required for the Vanderbilt Beach Road Extension Project No. 60168. (All Districts) 4) Recommendation to approve an Amendment to Retention Agreement with Carlton Fields, P.A., for specialized legal and mediation services, extending the term and providing for the first increase to their hourly rates since 2018. (All Districts) 5) Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Martin Nestares as Parent and Legal Guardian of Francisco Nestares, a minor v. Collier County, Florida and EBL Partners, LLC., (Case No. 22-CA-973), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $25,000. (All Districts) 6) Recommendation that the Board direct that the Appeal of Official Interpretation PL20230010644 regarding the interpretation of “neighborhood fitness and community center” in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. (District 5) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to award Invitation to Bid (“ITB”) No. 23-8144, “Holiday Lights and Decoration Rental and Installation Services,” to Light Er Up, LLC, and authorize the Chairman to sign the attached Fixed Term Service Agreement. (District 2, District 4, District 5) ------------------------------------------------------------------------------------------------------------ Page 17 October 24, 2023 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 an Ordinance rezoning property from the Rural Agricultural (A) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Lutgert Airport Road CPUD, to allow up to 104,000 square feet of gross leasable area of indoor self-storage including automobile, recreational vehicle, and boat storage. The property is located on the west side of Airport Road North, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5± acres and providing an effective date. (This is a Companion item to GMPA-PL202220003934, Orange Blossom/Airport Road Commercial Subdistrict GMPA, Item 26708.) [PL20220000533] (District 2) B. Recommendation to approve and transmit to the Florida Department of Commerce a small-scale Growth Management Plan Amendment Ordinance amending the Orange Blossom/Airport Crossroads Commercial Subdistrict to allow up to 40,000 square feet of gross leasable area of commercial uses or up to 104,000 square feet of gross leasable area of indoor self-storage including automobile, recreational vehicle, and boat storage on 5 acres of the 10-acre subdistrict located on the west side of Airport Road, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 4 South, Range 2 east, Collier County, Florida. [PL20220003494] (Companion PUDZ PL20220000533 / Item 26708). (District 2) (26708) C. Recommendation to adopt a resolution approving amendment (appropriating Page 18 October 24, 2023 carry forward, transfers, and supplemental revenue) to the FY23-24 Adopted Budget. (The budget amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. October 24, 2023 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Good morning, everybody. If we could have you take your seats, and we can go ahead and get started on time. I appreciate everybody being here. Obviously, we've got a lot of big topics on the agenda and made better by your attendance, for sure. County Manager, let's proceed with the invocation. And I've asked Mr. Miller to lead us in the Pledge. Item #1 INVOACATION BY REVEREND REX CHILDS – PRESENTED MS. PATTERSON: Yes, sir. We have an invocation by Reverend Rex Childs, First Presbyterian Church of Naples. REVEREND CHILDS: Thank you. Glad to be here this morning. Let's pray. Oh, mighty God, your glory shines throughout the world, yet our hearts are heavy with grief as we think of those places around the world that are experiencing violence and war. We pray for it to end. We pray for you to bring peace upon the earth, and we give you thanks that we live in a place of safety and security. We commend our nation, our state, our county to your merciful care. Bless those who hold office in the county government, that they may do their work in a spirit of courage, kindness, and justice. Help them remember they are called to serve the people so that they would use their authority to serve faithfully and promote the general welfare. Give them wisdom and strength as they make important decisions which will impact our community today and for many years to come. October 24, 2023 Page 3 Amen. MR. MILLER: Put your hands over your heart. And, servicemen, salute, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN LoCASTRO: A lot of patriotic people out there. That's how you say the Pledge, right? Everybody knows the words, too, right? Not everybody in this country does, but I'm glad to hear -- it was very evident from up here, so let's -- (Applause.) CHAIRMAN LoCASTRO: That's right, that's right. You may not agree with everything that's going to happen in this room today, or you might, but there's worse places across the world right now that don't get this luxury. So we're very lucky, and that flag represents everything that we're about today, and I hope you all agree. County Manager. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – APPROVED MS. PATTERSON: Commissioners, agenda changes for October 24th, 2023, first move, Item 16K6 to 12A. This is a recommendation that the Board direct that the appeal of official interpretation PL20230010644 regarding the interpretation of a neighborhood fitness and community center in the Golf Course and October 24, 2023 Page 4 Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. This is being moved to the regular agenda by the separate requests of Commissioner LoCastro, Saunders, and Kowal. Item 14B1 has been withdrawn. This is a recommendation that the Board of County Commissioners and the BCC, acting as the Community Redevelopment Agency, direct staff to negotiate a purchase and sale agreement with Naples Cinematheque, Inc., or its assigned affiliate for the approximately 1.84 acres of CRA-owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore/Gateway Triangle Community Redevelopment Area and to bring back an agreement for further consideration. This withdrawal was at staff's request. Item 16B3 has been continued to the November 14th meeting. This is a recommendation to award Invitation to Bid No. 23-8130, U.S. 41 North landscape irrigation renovation improvements to Hannula Landscaping and Irrigation, Inc., in the amount of $267,205.86, and authorize the Chairman to sign the attached agreement and approve the necessary budget amendments. This item is being moved by the request of Commissioner McDaniel. I do have a note, that the agenda system failed to upload one of the large attachments to Item 16B1. This is a recommendation to award Invitation to Bid No. 23-8119, signal improvements at Airport Road and Poinciana Elementary School, to Horsepower Electric, Inc., in the amount of $613,981, and authorize the Chairman to sign the attached agreement. That agreement attachment was publicly posted on our website for this meeting, and a link was also sent last week for review of the agreement. We have several time-certain items today. Our add-on, Item 5A, will be heard immediately after Item 2C. It is a presentation by the Collier County Tax Collector, Rob Stoneburner. October 24, 2023 Page 5 Add-on Item 10A to be heard at 10 a.m. This is a recommendation that the Board commits to providing the Collier County Sheriff all necessary resources to ensure the safety and security of all residents, visitors, schools, and places of worship during the ongoing conflict in Israel and Gaza. This comes to the agenda at Commissioner Saunders' request. Companion Items 9A and 9B to be heard at 10:30 a.m. This is a recommendation to approve a rezoning ordinance for and to approve and submit a small-scale Growth Management Plan amendment ordinance to the Florida Department of Commerce for Ascend Naples -- that should be the Florida Department of Economic Opportunity, I believe. And, finally, Item 11C will be heard at 3 p.m. This is a recommendation to approve funding allocations to support the Golden Gate Golf Course workforce and senior housing projects. We do have court reporter breaks scheduled for just before our time-certain item at 10:30 and again at 2:50 depending on our lunch break. And, Troy, I believe we do have speakers on the consent agenda before we go to the commissioners. MR. MILLER: Yes, we do. Would you like them now? CHAIRMAN LoCASTRO: So just -- a couple of housekeeping things. Some of you may have been in chambers here before; some of you may not. Everybody reach into their purses and pockets and put your cell phones on silent, okay. We don't want to hear the Pink Panther theme, you know, in the middle of somebody's speech and all of that. So please do that. And when you come back from lunch, when you turn your phone on and then come back from lunch, we need you to also do the same thing. The other thing is just more of a generic announcement. With so many people in here and you're all passionate about a very specific October 24, 2023 Page 6 agenda item, we really -- we really work hard to run a professional meeting. So God rest his soul, I know Jerry Springer passed away recently, but this isn't the Jerry Springer show. So clapping and screaming and hooting and hollering, that's not how we do it here. And we've really made some tough decisions in some very professional settings, and I think we've all been proud of that. So we just appreciate everybody having professional decorum. And, you know, when you have your time at the podium to speak, you want a quiet room and you want to be heard. Everybody else wants the same thing, and it helps us as well. So cell phones off, you know. Let's get ready for a robust meeting but extremely professional. We appreciate it. And I know the speakers do as well. So, Mr. Miller, who do we have for the consent agenda? We have several. MR. MILLER: Your first consent agenda speaker is Marc L. Shapiro. He'll be speaking on Item 16A8. He will be followed by Mary Alger, who will be speaking on Item 16J4. CHAIRMAN LoCASTRO: Okay. MR. MILLER: That podium. And, Mary, if I could get you to queue up at this podium. Sir, you have three minutes. MR. SHAPIRO: Yes. I'm Marc Shapiro. And it's on the consent agenda to reduce the fines on a property. I would like to ask that the fines be waived, and there's very specific reasons for this one. So I bought the property through a trust at a foreclosure sale, so I did not cause the violations. In fact, I'm the one that cleared the violations, and I cleared them immediately upon buying the property at foreclosure. I have a course of dealing. Since 1992 I've been buying October 24, 2023 Page 7 properties at tax deed sales and foreclosure sales. And I've always contacted the code enforcement, and I would pay any administrative cost or hard costs they had, and then they would waive the fines as long as the violation was cleared up. I had no reason to believe this would be any different. I purchased the property in -- April 27th, and I believe the new law that you-all passed regarding code enforcement liens and them not being able to be waived was passed after I purchased the property. So there was no way at the time I purchased the property I could have known that there would be any different course of dealings than I've had over the last 30 years. I purchased the property, and I paid an amount considering that it would be business as usual; that I would fix the violations; I would pay the hard costs; and that the fines of $100 per day would be waived, because that's the way we have always done it. I was shocked to learn that there was a new ordinance that passed, and Code Enforcement said that their hands are tied; they can no longer do this. I've actually waited until now because there was no procedure, there was no application to fill out, until approximately August. So all this time I've been waiting to ask to have the fines either reduced or waived. So that's real money that I have had tied up that I have not been able to sell the property or do anything with the property because of the lien on the property. And if I had to pay the whole lien, I would, quite frankly, end up losing money on this. And I'm asking, for this case, for there to be a very narrow exception because at the time I purchased the property at foreclosure sale, I could have -- not known that this ordinance by the Collier County Board of Commissioners would have been passed or the procedures would have changed at all. So based on this narrow -- because I kind of fell right into this October 24, 2023 Page 8 window, I would ask that the fines be waived in this particular case. Thank you. CHAIRMAN LoCASTRO: I've got two commissioners lit up. I'll just say, you shouldn't have been shocked that we changed the rule. You should have actually been impressed because the money that you -- that any person would pay -- I'm not going to say specifically to you. In your case, there might be a special circumstance. But the money that we have not been collecting over all these years -- like you said, it was common practice, buy the property -- sometimes the property owner would buy it at a greatly reduced rate because of the lien or the -- you know, because of the bills that the previous owner piled up -- would buy it at a reduced rate and then come here and get that -- get all those fines waived, so in the end the seller and the buyer got this sweet deal. And money that you'd be paying us, it's not coming to the county. It's coming to the taxpayers. And when we sit up here debating nickels and dimes of how to keep our libraries open and everything -- and we had millions that were going out the door. So we did tighten up the process, not to just say it goes -- you know, we changed from waiving to all of a sudden payment in full, but we asked our staff to look at each particular instance. And if there was a special circumstance, great. But in some cases, fines that were in the hundreds of thousands of dollars that would have gone to the taxpayers and we could have utilized in other ways went immediately to zero because, as you said, that's the way we always did it. Well, that's why we made the change here. I've got two commissioners lit up. I think -- is this in District 5 is -- your parcel? At least that's what it says on the agenda. MR. SHAPIRO: This was in Lake Trafford. CHAIRMAN LoCASTRO: Okay. Well, I'll go to October 24, 2023 Page 9 commissioners. Commissioner Saunders, and then, sir, Commissioner Hall, you're next. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I'd like to take this off the consent agenda. We can't make a decision on -- at least I don't think we should make a decision until we have our staff tell us what all the circumstances were. So I'd like to take this off the agenda -- off the consent agenda; put it on the regular agenda. We probably would get to this around 4:00 today, so you wouldn't have to wait around all day, but I think we should give Mr. Shapiro an opportunity to present the evidence before we make a final decision. CHAIRMAN LoCASTRO: Yeah, I mean, I'll -- everybody is lit up. But I would agree. We're not here to penalize you or anything, but we definitely want to look at all the details rather than sort of make a knee-jerk -- is my -- I definitely agree here. Commissioner Hall, and then Commissioner McDaniel. COMMISSIONER HALL: I'll save my comments till that time. CHAIRMAN LoCASTRO: Yeah. Commissioner McDaniel. COMMISSIONER McDANIEL: And I'll second the motion. CHAIRMAN LoCASTRO: Okay. So we've got a motion from Commissioner Saunders, a second from Commissioner McDaniel. And you don't necessarily have to wait around till 4. I mean, we've heard your pitch. COMMISSIONER SAUNDERS: Yeah. The reason I said 4, we have a time-certain at 3. CHAIRMAN LoCASTRO: Oh, absolutely, yeah. COMMISSIONER SAUNDERS: And I'm sure we're going to be here probably at 4:00 anyway, that's why I suggested that. So then I would make the motion to take this off the consent; put it on the regular agenda. Let's hear it at 4:00. October 24, 2023 Page 10 CHAIRMAN LoCASTRO: So I've got a motion from Commissioner Saunders, a second from Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. We'll have the discussion with a little bit more detail from our staff and take your comments into consideration, sir. MR. SHAPIRO: Thank you. CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER HALL: Which item was that? MS. PATTERSON: Commissioners -- COMMISSIONER HALL: Sixteen what? MS. PATTERSON: It's 16A8. It will become Item 11D at 4:00. MR. MILLER: Mr. Chairman, your remaining speakers on consent agenda are all for Item 16J4. Mary Alger will be followed by Beth Sherman. MS. ALGER: Shall I start? MR. MILLER: Yes, ma'am. MS. ALGER: Okay. Mary Alger, Marco Island. God help me, my reading glasses just broke, so it's going to be really hard for me to read what I have written. I'm here to ask the Collier County -- that Collier County not participate in the equitable sharing civil asset forfeiture program. What is the equitable sharing civil asset forfeiture program? It is October 24, 2023 Page 11 seizing assets in a civil matter. This is not a criminal seizure in which a crime is committed. One is charged, one has the right to defense and is allowed a day in court. Civil asset forfeiture turns the law upside down and seizes an asset, essentially arresting the asset, which has no rights, but tied to the citizen that does. Property, vehicles, legal firearms, business assets puts -- and it puts the burden on the one who had the assets seized upon to prove that it was not used illegally. No American could or would know all the laws and regulations on the book at any given moment. Obscure regulations could be used to make a crime out of anything. No one has the resources to fight against an out-of-control weaponized federal government to defend one's self against such an onslaught. This is not forfeiture. This is theft. We all see how the federal government is out of control via all its unconstitutional agencies. We have seen the militarization and the unchecked power of the IRS, DEA, FBI, Secret Service, ATF. They are reaching the long arm of their out-of-control agencies through the glove of local and state agencies. They are, in essence, deputizing state and local agencies to do their federal deeds. How are they doing this? It's done through a simple agreement. Incentivizing others to share in the profits of the unconstitutional theft of private property seized without due process. State and local agencies generally receive 80 percent of the asset's value. Forfeiture implies a cooperation between two parties. There's no cooperation when an asset is taken. We only have to -- have to remember the raid on the Gibson guitar company. Their company was involved in two hostile raids with SWAT teams. They took their computers, electronics, files, forced the employees off the premise, shut down their production and seized their products as contraband and made threats to the business that they would be forced to close. October 24, 2023 Page 12 Their crime, they were told they were illegally harvested -- they were using illegally harvested Indian wood. A look at the competitor's catalog listed the same wood being used in their guitars. They were not raided. The difference, their competitor's CEO was a large donor to the DNC and Barrack Obama. The law the agents used wasn't even a U.S. law. They sought seizure via a law in India. The Indian government proved that the wood was not illegally harvested, yet you have a motive to act in any of the -- yet when you have a motive to act in any of the seven deadly sins, there's a reason -- a reason for seizure will be found. This program did not afford equal protection under the laws. There's no incentive to pursue a case against anyone without assets. Property rights are all tied with assets. Take a man's earned property; he becomes a slave. Property is also protected by the law from lawless, not the other way around. This whole program sounds a lot like Klaus Schwab from the World Economic Forum telling us you own nothing and be happy. No, Klaus, we will not forfeit our assets. The global technocracy that you deem to be the Godless king of all property globally. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your next speaker is Beth Sherman, followed by Scott Sherman. Ms. Sherman's been ceded additional minutes from Nancy Bartenstein. I hope I'm saying that right. (Raises hand.) MR. MILLER: Yes, she's back there. And Marge Heinzel. She will have a total of nine minutes. MS. SHERMAN: Good morning. What is federal equitable sharing agreement that we're actually talking about today? It's civil asset forfeiture. It allows police and prosecutors to seize and permanently keep Americans' cash, cars, homes, and other property October 24, 2023 Page 13 that is suspected of being involved in a crime without regard to the owner's guilt or innocence. This is asset -- civil asset forfeiture. The equitable sharing program went into effect and was co-sponsored by Joe Biden in 1984. That was an interesting book, if you never read it. I describe it as a dystopian fiction of the current reality that we are now living in. All the info that I'm stating today can be found at tenthamendmentcenter.com. Local, state, and federal agencies are forfeiting billions of dollars each year. Many of those billions go to law enforcement, including the same police and prosecutors who seize and forfeit property. I'd say that's a conflict of interest. Please note again that this is for suspected crimes, not convicted crimes. It clearly flips due process on its head. Civil forfeiture allows police to seize property on the mere suspicion that it is involved in criminal activity. Prosecutors can then forfeit or permanently keep the property without ever charging its owners with a crime. Civil forfeiture is not only a civil process. It is what they call an in rem proceeding, meaning it is a lawsuit against the property and not the owner. Owners can lose the property even when they are innocent and procedural protections common to criminal proceedings usually do not imply [sic]. Basically, it's legalized government armed robbery. Thirty-six states and D.C. have taken steps to scale back their civil asset forfeiture laws since 2014; however, the federal agreement bypasses the states' steps. It's a loophole that we have allowed in our county, and I ask that it stops today. The program allows local and state law enforcement officials to partner with the U.S. Department of Justice and the U.S. Treasury Department. Police agencies transfer seized property, money or assets, to the federal government and receive up to 80 percent of the proceedings [sic] from the sale of the property regardless of the state October 24, 2023 Page 14 laws. By handing over seized property to the federal government, state and local law enforcement can harness the litigation power of the federal government and circumvent state laws that provide better protection to property owners. Our Sheriff's Department is using this as a budgetary line item. I have a serious problem with that, especially since our Department of Justice legally defines me a terrorist. Why? Because I speak out at school board meetings and against the United Nations. I speak for freedom and that, sadly, is illegal now. State and local police can tap into equitable sharing by working with the feds on joint task forces. It gives the feds a way to influence local police priorities. The lure of federal money incentivizes local law enforcement to focus on federal agendas and not local ones. It deputized them as federal agents. All property owners are entitled to the same due process rights under the U.S. Constitution. Until the equitable sharing program is eliminated, those rights at risk. Our Sheriff's Department has gotten a budget increase from this board and has the support of this community. I ask that you remove this from the consent agenda and vote no to renew it. Thank you. MR. MILLER: Your next speaker is Scott Sherman, and he's your final speaker on this item. CHAIRMAN LoCASTRO: I don't think Beth Sherman is a terrorist. I think she speaks very eloquently here every single meeting. And I think my colleagues would agree with me, too, but anyway. MR. SHERMAN: She's gorgeous, too. Don't forget that. CHAIRMAN LoCASTRO: That's a little editorial by me. Go ahead, sir. October 24, 2023 Page 15 MR. SHERMAN: No, just quickly, you guys all signed an oath to the Constitution. Before you approve the civil asset forfeiture agreement, read Articles IV and Article VII. Thank you. MR. MILLER: And that's all the speakers on that item, sir. CHAIRMAN LoCASTRO: Okay. County Manager or County Attorney, do you have a comment on this item on the consent agenda? And then if we've got any commissioners that want to chime in here. MR. KLATZKOW: You know, I'm American, and I support the U.S. government. I mean, if people are unhappy about a program, we have mechanisms to do that. They've got the ballot box as a mechanism. There are lawsuits as a mechanism. The Sheriff has asked for a grant that he's asked for many, many times before. It helps supplement his budget, all right. Without these grants, we'd have to raise taxes to make up for it. I see nothing wrong with it, but, you know -- I don't know what to tell you. I don't think this is the forum to attack the federal government, which is what has been happening lately. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I'm not sure I understand all the details of this forfeiture agreement. I've looked at it, obviously, and I understand what's on the agenda, but I don't know how it really operates in terms of what the Sheriff's involvement would be. I don't have any issue with putting this on the regular agenda so we can hear from the Sheriff and our staff. If we do that, then I would recommend that we put it on the agenda in November. I mean, not add it today, because Sheriff Rambosk is not going to be available today. He's going to be online for the 10:00 item, but he's not in Florida. And so I'd want to have him here. So I would suggest that we pull this off the consent, put it on the October 24, 2023 Page 16 regular agenda for November 14th, is that the -- CHAIRMAN LoCASTRO: Yeah. I mean, you know, this is the beauty of citizens coming here. I mean, we listen. We don't call people terrorists, and when something's brought to our attention that maybe didn't catch our concern but has yours, I think we do our due diligence. So I think everything Commissioner Saunders said, I certainly would second that motion. I've got a couple other commissioners that just lit up. Commissioner McDaniel, sir, and then Commissioner Kowal. COMMISSIONER McDANIEL: Good morning, Mr. Chair. I agree. You know, my simple question is -- maybe to the County Attorney. If we choose to not -- or give direction to not participate in this, does it stop the equitable sharing agreement between the municipality and the federal government or -- MR. KLATZKOW: It would stop -- it would stop the monies flowing to the Sheriff, not -- I'm sure the City of Naples, City of Marco Island have the same thing. COMMISSIONER McDANIEL: Correct, but -- and maybe I'm not asking the question clearly. But does the federal government still have right of seizure -- MR. KLATZKOW: Absolutely. COMMISSIONER McDANIEL: -- of assets? MR. KLATZKOW: The only thing it's doing is decreasing the Sheriff's funding. COMMISSIONER McDANIEL: Exactly. So our -- I mean, I'm more than welcome to have it come back in November and have a longer discussion about it, but I think it's important to remember that we're -- all we're doing is cutting our own sheriff off from a program that -- whether the program is correct or not is a whole 'nother discussion. But I think all we're doing by this action is stopping that participation, and it certainly vies having the Sheriff come and speak October 24, 2023 Page 17 with us about it. CHAIRMAN LoCASTRO: Yeah. Commissioner Kowal. COMMISSIONER KOWAL: Well, I'll save the majority of my comments if -- I believe we can move this off this particular -- and put it on the regular agenda, as Commissioner Saunders has said. But just from my experience, we've always worked in joint task force capacities with the federal government, state government in law enforcement. And from what I understand, and just from what I see, is that, I think from my experience, this allows us, when there is forfeiture after a criminal investigation -- let's say we've got a human trafficker in the State of Florida. We shut their operation down. We don't have the jurisdiction because it's actually a federal offense through crossing state borders, so the federal government works in joint with the local government. Then anything seized on that operation, we get a percentage of that. I think that's from -- what I understand the practice of it was in the past. So, you know, I'm more than happy to have a very good open discussion on it in here in the near future. Thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Let me just ask the Manager. My assumption is that by deferring this for a few weeks, we're not ending the agreement or anything. We still have the agreement in place. And this will give the public an opportunity. We've had some interesting conversation concerning the potential illegality of what the federal government is doing, and I think it's a good exercise to go through that so that the public is informed as to what this program is. But the question is, by continuing this for three weeks, my assumption is that we're still part of the program, and we have that opportunity to renew this, if we want to renew it, in November. MR. KLATZKOW: I don't know if there's a deadline or not. October 24, 2023 Page 18 MS. PATTERSON: It's unclear. It looks like they renewed it for one-year periods at a time. So I'm not certain if this ended on October 1st and we're just filling that gap. Because the term of the agreement runs to the following September in one-year increments. COMMISSIONER McDANIEL: We're already outside of it. COMMISSIONER SAUNDERS: Theoretically, then the agreement's already over. MS. PATTERSON: Yep. COMMISSIONER SAUNDERS: So I guess three more weeks won't make a whole lot of difference to that. So I'll make that motion. I think it's important to have the public fully understand what this is, since there has been some discussion concerning the potential negative impacts of this. So I'll make that motion. CHAIRMAN LoCASTRO: Yeah, I'd second that. And that would be November 14th, just for those who are watching, because we -- November 7th is obviously election day. So that's a -- we're not having a commissioner meeting that day, correct? MS. PATTERSON: Correct. November 14th. CHAIRMAN LoCASTRO: Commissioner McDaniel? COMMISSIONER McDANIEL: And I'm sorry. I pulled off, I mean -- because in the executive summary it says it goes through end of September, so I presume we're already out of it right now, so there we go. CHAIRMAN LoCASTRO: Okay. So we've got a motion by Commissioner Saunders. I second the motion. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. October 24, 2023 Page 19 CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. Well, we will move it to November 14th. Thank you, citizens. MS. PATTERSON: Commissioners, that brings us to Item 2A, which is the approval of today's regular, consent, and summary agenda, as amended, and ex parte disclosure by commission members for the consent and summary agenda. Well, before that, County Attorney, do you have any other changes? MR. KLATZKOW: No, thank you. MS. PATTERSON: Okay. To the commissioners. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, do you have any changes or ex parte for consent or summary agenda? COMMISSIONER KOWAL: No changes, no ex parte. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: Mr. Chairman, I have no changes and no ex parte as well. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: I have no changes. I do have meetings, emails, and calls for the summary. CHAIRMAN LoCASTRO: Okay. Which one on the summary? COMMISSIONER HALL: Lutgert. COMMISSIONER McDANIEL: 17A. COMMISSIONER HALL: 17A. CHAIRMAN LoCASTRO: Okay. 17A. Gotcha. Commissioner McDaniel. COMMISSIONER McDANIEL: No changes and no ex parte. CHAIRMAN LoCASTRO: Same for me. No changes, no ex parte. October 24, 2023 Page 20 Okay. MS. PATTERSON: I need a motion to approve. COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: Second. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion to approve from Commissioner McDaniel. I heard a second from Commissioner Hall. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: All opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. ***** SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting October 24, 2023 Move item 16K6 to 12A: Recommendation that the Board direct that the Appeal of Official Interpretation PL20230010644 regarding the interpretation of “neighborhood fitness and community center” in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. (By request of Commissioners LoCastro, Saunders, and Kowal) Item 14.B.1 has been withdrawn: Recommendation that the Board of County Commissioners (BCC) and the BCC acting as the Community Redevelopment Agency Board (CRA) direct staff to negotiate a purchase and sale agreement with Naples Cinematheque, Inc., or its assigned affiliate, for the approximately 1.84 acres of CRA- owned property at the corner of Thomasson Drive and Bayshore Drive in the Bayshore/Gateway Triangle Community Redevelopment Area (A/K/A “Del’s”), and to bring back an agreement for further consideration. (By staff’s request) Item 16.B.3 has been continued to the November 14 meeting: Recommendation to award Invitation to Bid ("ITB") No. 23-8130, "US 41 (SR45) North Landscape Irrigation Renovation Improvements," to Hannula Landscaping and Irrigation, Inc., in the amount of $267,205.86, authorize the Chairman to sign the attached Agreement, and approve the necessary budget amendments. (By request of Commissioner McDaniel) Notes: Please be advised that the agenda system failed to upload one of the large attachments to Item 16.B.1: Recommendation to award Invitation to Bid (ITB) No. 23-8119, “Signal Improvements at Airport Road and Poinciana Elementary School,” to Horsepower Electric, Inc., in the amount of $613,981, and authorize the Chairman to sign the attached Agreement. That Agreement attachment was publicly posted on our website for this meeting and a link was sent to you last week for your review of that agreement. TIME CERTAIN ITEMS: Add-on Item 5A to be heard immediately after Item 2C: A presentation by Collier County Tax Collector, Rob Stoneburner. Add-on Item 10A to be heard at 10 AM: Recommendation that the Board commits to providing the Collier County Sheriff all necessary resources to ensure the safety and security of all residents, visitors, schools, and places of worship during the ongoing conflict in Israel and Gaza. (Commissioner Saunders’ Request) Companion Items 9A and 9B to be heard at 10:30 AM: Recommendation to approve a rezoning Ordinance for and to approve and submit a small-scale Growth Management Plan Amendment Ordinance to the Florida Department of Commerce for Ascend Naples. Item 11C will be heard at 3 PM: Recommendation to approve funding allocations to support the Golden Gate Golf Course workforce and senior housing project. 11/13/2023 12:36 PM October 24, 2023 Page 21 Item #2B AUGUST 8, 2023, BOARD MEETING MINUTES - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED AS PRESENTED – MS. PATTERSON: Item 2B is approval of the August 8th, 2023, board meeting minutes. COMMISSIONER McDANIEL: So moved. Move for approval. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion to move for approval from Commissioner McDaniel, a second from Commissioner Kowal. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #2C SEPTEMBER 26, 2023, BOARD MEETING MINUTES - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER KOWAL - APPROVED AS PRESENTED MS. PATTERSON: Item 2C is the approval of the board meeting minutes from September 26th, 2023. October 24, 2023 Page 22 COMMISSIONER McDANIEL: I'll make another motion. I would have done them all in a lump there just to save you some time. CHAIRMAN LoCASTRO: Motion by Commissioner McDaniel. A second by? COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Commissioner Kowal. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously, the board minutes. Item #5A PRESENTATION BY COLLIER COUNTY TAX COLLECTOR ROB STONEBURNER – PRESENTED MS. PATTERSON: We're to the first of our time-certain items. This is Item 5A. This is a presentation by Collier County Tax Collector Rob Stoneburner. CHAIRMAN LoCASTRO: Sir. MR. STONEBURNER: Thank you, County Manager. Thank you for indulging me in putting this on the agenda at the last minute. Good morning, Commissioners. I stand before you today -- I'm a little bummed that you took away all the clapping and cheering, because I -- October 24, 2023 Page 23 CHAIRMAN LoCASTRO: All your fan club is here? MR. STONEBURNER: Yeah, right. Anyway -- CHAIRMAN LoCASTRO: Everybody who thinks the Tax Collector's amazing, raise their hand. Mmm, yeah, mmm. It's all the people that work for him. All the citizens who think the Tax Collector is -- raise your hand. It's unanimous. Make it fast, sir. You have 30 seconds. MR. STONEBURNER: You know how to make a guy feel good. Thank you. I just wanted to set the record straight. I know that during the final budget hearing meeting there was a question about the Tax Collector's budget. And, you know, we all know that budgets are made up of revenues and expenses but, you know, in the Tax Collector's Office, you know, the key to what we do is expenses and how much money we spend. And, actually, we like to think about how much money we save. So the men and women in the Tax Collector's Office have been extremely diligent over the last year and have saved the taxpayers a tremendous amount of money. I'm proud to be here -- I need to take my glasses out. Sorry. This barely fit on this check. I have a check here to go back to the Board for $13,303,392.44. 13.3 million, let's just call it -- make it easy, you know. So I don't know who you want me to give this check to. CHAIRMAN LoCASTRO: I think the Chairman. I heard it's postdated for three months, though, is what I heard, sir. MR. STONEBURNER: And the only thing that I ask is that -- when the legislative delegation came down here, the Tax Collector's Office -- you know, our motto in the Tax Collector's Office is "service is our only product," and just remember that. If you have anything that needs to get out to the citizens, we touch just about everybody once a year, and we're happy to take on more October 24, 2023 Page 24 services anytime we can. So keep that in mind. Thank you very much. CHAIRMAN LoCASTRO: You know what I want to say to you, Mr. Stoneburner -- and I think it's reflected among all the commissioners -- you came here totally unsolicited. And a lot of times the constitutional officers, you know, whether it's Sheriff Rambosk or some others, they do the same, but sometimes they don't. And I've actually thrown this thank you to you before because I've had some issues in my own district where I needed your expertise and got it in 30 seconds. I mean -- so I just -- on behalf of all of us, thank you for being so proactive and for coming here and for being responsive to all of us when we have, you know, citizens issues and we're not the expert on tax collection. I mean, as soon as I get that email, I'm like, okay, that's not me. You know, that's you, but -- and I know it's you and your staff. And so, you know, you definitely do serve us well and help us get back to our constituents with a sense of urgency, and that doesn't go unnoticed, and it's very much appreciated. And we'll take the check as well. MR. STONEBURNER: All right. Thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel, I think, had something for you. COMMISSIONER McDANIEL: Well, first of all, thank you. MR. STONEBURNER: Yes, sir. COMMISSIONER McDANIEL: It's with your leadership that you're -- that these savings are effectuated. MR. STONEBURNER: Again, awe shucks. COMMISSIONER McDANIEL: Yes, yes, yes. You're just doing your job. My question is, where's the money go? Do we have direction October 24, 2023 Page 25 as to -- can we give direction as to -- because we had a very robust discussion in September with regard to our budget and what we were doing, and you saw the maneuvers. MS. PATTERSON: If you don't mind, let's get Mr. Finn up here to -- we'll get him in the room. I'll track him down, and as soon as he comes to the room, we'll get him to the podium to explain how turnback is handled. COMMISSIONER McDANIEL: Okay. MR. STONEBURNER: Oh, and if I may, real quick, for the standing room, there's one seat up here, so I suggest somebody comes and takes it. CHAIRMAN LoCASTRO: Mr. Stoneburner, let me ask you just the short version. How did you return 13 million to us? What were the big things that you feel, you know, that you did right that allowed that money to go back, you know, in the kitty for other things? MR. STONEBURNER: Well, you know, we -- I know the county -- I don't want to take away Ed's thunder, but I know the county budget, some unused fees that we have every year. And we -- you know, we try to run our office like a business. The only thing is is that we're not a retail operation. So, statutorily, it's -- the statutes say that I shall collect a certain percentage on taxes, and we happen to live in a beautiful place that has a lot of value, and with that comes a lot of revenue. We also -- because I'm a fee officer. We also do driver licenses and motor vehicle transactions, which also raise fees. And then at the end of the year, whatever we haven't used goes back to the taxing authorities the pro rata share that they have. So, you know, we're always looking at ways to be -- I don't want to -- cutting edge, not bleeding edge. You know, Larry Ray always told me that. And look for ways to become more efficient in October 24, 2023 Page 26 everything that we do. But at the end of the day, this is Collier County, and folks expect service. And when they go to see the Tax Collector to renew their driver license or tags or whatever it is, they don't want to wait in line for, you know, hours on end. And so, you know, unfortunately, sometimes we're busy, but we try to -- we don't build a church for Easter Sunday, and we don't build tax collector offices to, you know, get you in and out in two minutes, but we'd prefer that we do. And on occasion we have long waits. But, you know, in a nutshell, we just try to run our office like anybody would in a business, and the shareholders are the taxpayers in Collier County. And by that money going back to all the taxing authorities, you would assume that in the future that's less taxes that need to be collected; therefore, you know, money's going back into their pocket. CHAIRMAN LoCASTRO: Well, thank you for your sense of responsibility and your due diligence, spending your money wisely, and I think Mr. Finn's back there to -- MR. STONEBURNER: Correction, correction -- MS. PATTERSON: We're going to have -- I believe Mr. Johnson can kind of come up when you're ready. CHAIRMAN LoCASTRO: You're spending the taxpayer money wisely. MR. STONEBURNER: That's correct. CHAIRMAN LoCASTRO: You got it, sir. MR. STONEBURNER: Do you need me anymore? CHAIRMAN LoCASTRO: No, sir. MR. STONEBURNER: I have work to do. CHAIRMAN LoCASTRO: Yes, sir, we do need you. MR. JOHNSON: Good morning, Commissioners. CHAIRMAN LoCASTRO: Good morning. MR. JOHNSON: For the record, Chris Johnson, your director October 24, 2023 Page 27 of Corporate Financial Management Services. Commissioner McDaniel, I think I heard your question. The money goes back into the General Fund. We actually predicted or budgeted about 6 million of that, so the delta will be used next year to reappropriate, or this year if we recognize the carryforward and want to put it somewhere moving forward. COMMISSIONER McDANIEL: I think we ought to have a discussion on that going forward. You know, there's a lot of controversy over what this board did with regard to taxation at large, and I think we ought to have that discussion. So I'd like -- I'd like to -- I would welcome that. MS. PATTERSON: Absolutely. MR. JOHNSON: All right. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. JOHNSON: I'll make sure this is safe. CHAIRMAN LoCASTRO: Next. MS. PATTERSON: Commissioners, that brings us to Item 3, awards and recognitions. Item #3A2 AWARDS AND RECOGNITIONS – 30 YEARS BRUCE GASTINEAU -EMERGENCY MEDICAL SERVICES – PRESENTED Item 3A2, 30-year attendees. Our first -- our only 30-year attendee, actually, this is Bruce Gastineau, Emergency Medical Services. Congratulations. (Applause.) MR. GASTINEAU: Can I get my wife? She's been involved in this. October 24, 2023 Page 28 COMMISSIONER McDANIEL: Oh, yes. COMMISSIONER HALL: Absolutely. (Applause.) Item #3A3 AWARDS AND RECOGNITIONS - 25 YEARS DONNA DOWDELL - BUILDING PLAN REVIEW & INSPECTION & CHRISTOPHER REYES - ENGINEERING & PROJECT MANAGEMENT – PRESENTED MS. PATTERSON: Item 3A3, 25-year attendees. Our first 25-year attendee is Donna Dowdell, Building Plan Review and Inspections. Congratulations. (Applause.) CHAIRMAN LoCASTRO: You've got a big fan club back there. MS. DOWDELL: Thank you. (Applause.) MS. PATTERSON: Twenty-five years, Christopher Reyes, Engineering and Project Management. Congratulations. (Applause.) Item #3A4 20 YEARS BARBARA JOHNSON - PARKS & RECREATION, ELSA REZA - INFORMATION TECHNOLOGY, MARY LONG - PARKS & RECREATION, JAMES FRENCH - GROWTH MANAGEMENT COMMUNITY DEVELOPMENT - PRESENTED MS. PATTERSON: Item 3A4, 20-year attendees. First 20 October 24, 2023 Page 29 years, Barbara Johnson, Parks and Recreation. (Applause.) MS. PATTERSON: Twenty years, Elsa Reza, Information Technology. Congratulations. (Applause.) COMMISSIONER McDANIEL: Big fan club. CHAIRMAN LoCASTRO: Yeah. The room's going to clear out after the awards. Twenty years ago the computers ran on coal or what? COMMISSIONER McDANIEL: While you're not doing anything, come fix my monitor, will you? (Applause.) MS. PATTERSON: Twenty years, Mary Long, Parks and Recreation. Congratulations. (Applause.) MS. PATTERSON: Twenty years, James French, Growth Management/Community Development. Congratulations. COMMISSIONER KOWAL: Congratulations, James. Thank you, sir. MR. FRENCH: I thought it was more than 20. CHAIRMAN LoCASTRO: You still work here? MR. FRENCH: We'll see at the end of the day. CHAIRMAN LoCASTRO: Congratulations. COMMISSIONER McDANIEL: Thank you, sir. (Applause.) Item #4A PROCLAMATION DESIGNATING OCTOBER 27 THROUGH NOVEMBER 4, 2023, AS MOBILITY WEEK IN COLLIER COUNTY. TO BE ACCEPTED BY BRIAN WELLS, DIRECTOR, October 24, 2023 Page 30 AND OMAR DELEON, TRANSIT MANAGER, PUBLIC TRANSIT AND NEIGHBORHOOD ENHANCEMENT. - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL - ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 4, proclamations. Item 4A is a proclamation designating October 27th through November 4th, 2023, as Mobility Week in Collier County to be accepted by Brian Wells, director, and Omar DeLeon, transit management, Public Transit and Neighborhood Enhancement. (Applause.) Item #4B PROCLAMATION DESIGNATING OCTOBER 26, 2023, AS DELTA SIGMA THETA SORORITY DAY IN COLLIER COUNTY. TO BE ACCEPTED BY LISA ADAMS, 2ND VP, RHONDA BURNS, CO-CHAIR 10TH ANNIVERSARY COMMITTEE, DIANE HAYNES, AND CELESTINE OGLESBY - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL - ADOPTED MS. PATTERSON: Item 4B is a proclamation designating October 26th, 2023, as Delta Sigma Theta Sorority Day in Collier County, to be accepted by Lisa Adams, 2nd vice president, and other distinguished guests. Congratulations. (Applause.) CHAIRMAN LoCASTRO: Fifty years of service? What, did you start when you were 5? (Applause.) MS. ADAMS: Good morning. I just want to say thank you to October 24, 2023 Page 31 the Collier County Board of County Commissioners for acknowledging us in our proclamation of October 26th, 2023. We are so appreciative of your acknowledgment of us, and we are so appreciative of your support, and for that we say thank you. I'm here on behalf of my president, Dena Liston, who was unable to attend. But we just wanted to say thank you and we really appreciate it. CHAIRMAN LoCASTRO: Thank you, ma'am. MS. ADAMS: You're welcome. (Applause.) Item #4C PROCLAMATION DESIGNATING NOVEMBER 2023 AS DIABETES AWARENESS MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY TAMI AND JOSEPH BALAVAGE, PRESIDENT AND EXECUTIVE VICE PRESIDENT AND CO- FOUNDERS, HELP A DIABETIC CHILD, INC., JULIA REISMAN, OPERATIONS COORDINATOR, AND SHARON VON ARX, REPRESENTING THE VON ARX FAMILY. - MOTION TO ADOPT BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL - ADOPTED MS. PATTERSON: Item 4C is a proclamation designating November 2023 as Diabetes Awareness Month in Collier County, to be accepted by Tami Balavage, president and cofounder of Help a Diabetic Child, Inc. Congratulations. (Applause.) COMMISSIONER McDANIEL: Are you going to say a few words? MS. BALAVAGE: Are you sure? COMMISSIONER McDANIEL: Yes, absolutely. October 24, 2023 Page 32 MS. BALAVAGE: I want to thank you so much for recognizing November as Diabetes Awareness Month. Thank you, Commissioners. We really appreciate your support. Diabetes is a deadly disease, and without insulin and diabetes medical supplies, you cannot live. That's why our organization is committed to serving the community, children, young adults who cannot afford their insulin, their medical supplies that they need for their diabetes care. So this brings awareness to the community of the need of helping these people so that they could live a long, healthy life while dealing with insulin, because with diabetes, Type 1 diabetes, you are insulin dependent, meaning you cannot survive without insulin, and you need multiple insulin shots daily. So thank you so much. We appreciate your support, and see you soon. COMMISSIONER McDANIEL: Don't go away. (Applause.) COMMISSIONER McDANIEL: Stay there, Tami. Oh, she's leaving. Tami, come back, please. Come to the podium, please. I'm sorry, dear. If you would, please -- I had the honor of visiting you and Joe not too awfully long ago at a new facility. If you would share -- because there's a lot more to this. I mean, there's certainly helping folks that can't get the necessary medicine, but there's health education. There's promotion of proper dietary consumption and so on and so forth. But would you please just share where your location is and how folks can get to you. MS. BALAVAGE: Sure. Recently we opened up our Diabetes Resource and Advocacy Center. It's open to the general public, the community, not just for children. But we want to be a resource for everybody out there who lives with diabetes. We service the schools. We service people in the hospital. We October 24, 2023 Page 33 help everybody who's struggling, and we have plenty of resources available at our center. It is located on Davis Boulevard, 2800 Davis Boulevard, Unit 107. But you could find that information on our website, helpadiabeticchild.org, and we courage everybody to come out and visit us if you know anybody who's living with diabetes or you just want to support. Actually, tonight we're running one of our events. It's taco night, healthy taco night, because we want to create that community support and bring everybody together who's living with this chronic illness. COMMISSIONER McDANIEL: Thank you so much. MS. BALAVAGE: And thank you for visiting. We really appreciated it. COMMISSIONER McDANIEL: Thank you so much for all you do. MS. BALAVAGE: Thank you. (Applause.) MS. PATTERSON: Commissioners, if I could get a motion to approve the proclamations, please. COMMISSIONER SAUNDERS: So moved. COMMISSIONER KOWAL: Second. CHAIRMAN LoCASTRO: Motion to approve by Commissioner Saunders. And second by Commissioner Kowal. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. October 24, 2023 Page 34 MS. PATTERSON: Thank you. Item #6A PUBLIC PETITION BY EWA FRONT ON TRAP, NEUTER, AND RELEASE OF FERAL CATS. - PRESENTED; DIRECTION GIVEN TO STAFF That moves us to Item 6, public petitions. Item 6A is a public petition by Ewa Front on trap, neuter, and release of feral cats. MS. FRONT: Good morning, everybody. If I could just get some help here with pressing the arrows. MR. MILLER: Can you please get on the microphone, ma'am. MS. FRONT: Oh, yeah. Meet Janine. She's an acclaimed artist and my neighbor. After moving from another state, I met her in our beautiful community. Together, with her sister, a retired history professor, the ladies were trying to trap a community cat with a pillowcase. They both explained to me that in order to keep the cat population down, they were able to trap a cat before with a pillowcase, bring her to a vet, and after spay surgery, release the animal back to the community. My family also discovered during our countless outdoor activities that the Naples area is full of unowned cats we encounter in our neighborhood besides -- it just goes too fast. I'm still on the second one. Thank you -- we encounter in our neighborhood besides of healthy ferals, a dead kitten outside our home while walking with my young daughter, an injured cat that was suffering for weeks with open wounds. People are concerned about that animal but could not find anyone to offer help with trapping. Poor community cat management impacts not only the animals itself but also the way our area is being perceived by visitors and October 24, 2023 Page 35 quality of life for local residents. Next slide, please. Mission statement, Domestic Animal Services, is to work toward ending the community problem of pet overpopulation. Unfortunately, there has been no veterinary [sic] on the staff for the last one-and-a-half years to perform spay/neuter surgeries. Animals are being transported to the veterinary offices in Collier County. What is the actual financial cost of this approach? It includes spay/neuter surgery outside of the location where the animal is being held. DAS staff needs to be involved with caring for this animal for about a month. This approach is highly ineffective and expensive. May have been implemented as an emergency measure, but after a year and a half, it is causing damage to our community. Next slide, please. Statistics. Monthly intake of stray cats, just ask DAS; it's between 100 and 300 as of end of September. For this year, the number is 2,169. Active trap, spay, and neuter programs are the only way to control this influx into county shelters, saving taxpayers money in the future and preventing animal suffering. Next slide, please. As a result of trap/neuter/release, the birth of new kittens in the colony slows down and eventually ends when all cats are spayed and neutered. Next slide, please. And next slide, please. Next slide, thank you. Lack of support creates dangerous consequences for humans and animals. Management of the local apartment complex Stillwater Cove was overwhelmed with over 140 cats and kittens on the property. Pest control was hired to remove/relocate the cats. Local animal activists got involved, and online posts started circulating on Facebook. October 24, 2023 Page 36 The manager was getting threats pertaining to his family. DAS tried to react when the situation escalated, and the rep was told not to return on the property. We need to prevent the cat communities from growing to this size. DAS needs to be supported to actively work with communities to trap, neuter, and return the animals. Next slide, please. Those are just examples from my beautiful community/neighborhood where we live. So, clearly, people are -- want to help the animals; however, there is no education. They don't know what to do. So you see examples of people posting, oh, I have kittens in my backyard. Just leave them alone. They are fine. We need to educate people that those animals need to be trapped and then bring for sterilization surgery. Next slide, please. In my beautiful community, finally, after reaching out and not getting my help -- much help, I purchased several traps, and over 20 cats were on the property, were spayed/neutered during the last three years since we've been residents there. And current monitor population is around 12 outdoor cats for over 500 household. Residents don't get alarmed about the population anymore knowing that the cats are healthy, vaccinated, and unable to reproduce. Next slide, please. While searching for help, meanwhile, I came across Domestic Animal Services page, and I'm asking for an update to that page with at least the basic management information as the name, phone number, email address, and maybe include other key positions as volunteer coordinator so the public knows who is in charge. Next slide, please. Now, we have advisory board to Domestic Animal Services that was created in 2004 by an ordinance and should undergo review every four years. The Board of County Commissioners hereby October 24, 2023 Page 37 establishes the Animal Services Advisory Board, the board to generate community involvement in order to aid the Collier County Domestic Animal Services department in providing the best possible services throughout Collier County. The meetings are being held in this government center after 4 p.m. The building, it's really hard to navigate. It's empty and unwelcoming. I felt like going through an airport security and not to a public meeting. Entry to the meeting requires a valid ID, and my belongings had to go through an X-ray machine. The September meeting was held as a workshop to the public, no longer -- so public could no longer request an item to be placed on an agenda. All the meetings from now on are being held as workshops. The October meeting where I was petitioning to speak was already canceled. During the September meeting, I felt like my comments were being dismissed and not paid attention to. If anything, the recent changes pertaining to location, format, and infrequency of the meetings are keeping participants from getting involved and voicing opinion. Next -- so as you can see on the previous slide, the next meeting is in January. Next slide, please. So is the advisory board disconnected from what is happening in our communities? Why the meetings are being postponed/canceled amid urgent topics? And I'm just speaking from my experience within the last three years. Meeting's facility is empty at 4 p.m. No signs about the meeting in the outdoor area, and it took a while to find a guard to ask for questions -- ask for directions. Public is not able to request an item to be placed on an agenda. Because of the limited access, only a handful of people were attending; maybe five including me. October 24, 2023 Page 38 Next slide, please. I have a quick excerpt from the Government in the Sunshine manual regarding location of meetings. Board should not hold its meetings in facility where the public has limited access and where there may be a chilling effect on the public's willingness to attend by requiring the public to provide identification -- to leave such identification while attending the meeting and to request permission before entering the room. Next slide, please. Thank you. Yes, next slide. So what am I asking you to do? We need an accountable community cat trap, neuter, and release unit that works with our communities. We can't just rely on couple mom-and-pop organizations that may or may not have time to come into the community or on seniors that are trying to take the matters in their own hands. We need a dedicated team of trappers fully equipped with a vehicle to transport these animals, set daily goals going forward, maybe an incentive program, plan on going into communities, set targets. Higher -- please, hire a vet to perform high volume spay/neuter surgeries. It's not acceptable to operate the county shelter without having the key player on board. Proactive education about trap/neuter/release with volunteers over the winter months. Create spay/neuter fund for public donations. DAS advisory board. Right now the board is disconnected from the public and make changes that go against the purpose why it was created. Please look into those recent changes. Meetings should be widely advertised so public knows where it is, but also held at a local library or park facilities, especially when it's after 4 p.m., and this building here, it's just empty. Include members with finance and legal business background in October 24, 2023 Page 39 the advisory board. We need to make sure the processes implemented at DAS are economical and mirror the best practices in animal welfare. Meetings should be held monthly as per ordinance to generate public involvement. And DAS implement the best practice evidence-based approach by preventing cat overpopulation in the field and creating a robust trap, neuter, and return program. Thank you. CHAIRMAN LoCASTRO: Mr. Rodriguez, I mean, you're very involved with DAS, as we all are at different levels. When did they move the DAS meetings to this building? I mean, commissioners don't normally attend the board meetings. I did when I initially was elected. I just wanted to know more about DAS, and the meetings were all down at DAS. When did they move them here? Because her comments have some merit. Those meetings were all robustly attended when they were down in DAS, although I don't know that that's a more convenient location. I mean, here, to her point, this building's empty at 4:00, so there's plenty of parking, plenty of seating. You know, you get into the building; you're not fighting with anything. DAS was a little bit of a tight squeeze. Maybe the library is a different -- is a better location. But when did they move from DAS to here? Has it been a bit? MR. RODRIGUEZ: Sure. Good morning, Commissioners. For the record, Dan Rodriguez, your Deputy County Manager. It probably happened about just over six months ago, if not a year ago, and that transpired out of the committee actually voting to have fewer meetings. As you know, over the last two and a half years, DAS has aggressively addressed some of the issues at the facility as well as the operations, and the committee members decided to go from meeting their monthly meeting down to a quarter. And as part of that, there were a couple meetings that were October 24, 2023 Page 40 heated, and there were a couple individuals in the audience of those meetings that had made some threatening statements. So it was decided to bring those to the government complex where it was a little more safe, secure environment. And so that's how they ended up here, Commissioner. CHAIRMAN LoCASTRO: I was going to say, too, I mean -- and it's more out of coincidence. I had sent a note to the DAS director just a couple of days ago because I wanted to put something in my newsletter that I'm about to release. And I asked about the veterinarian, and she said one actually had been hired. The one thing I will say -- and maybe -- you could probably say it a bit more eloquently, but when we have heard a lot of people say, there's no vet, there's no vet, there's no vet, this board has voted to increase the salary of -- to advertise for a vet, but there's not a lot of vets across the entire country, and so it's not a matter of we don't want a vet. As you said, the animals that need veterinarian service do go off site so that they -- we can ensure that they get it. But Ms. Perry recently told me that they hired not only one vet, but they have a second one coming in. Maybe you've got some more details so we can at least address a couple of these. MR. RODRIGUEZ: Absolutely. One of the fortunate things we have in the DAS committee is Dr. March. He is the president of the Veterinarians Association, and DAS relies on our local veterinarians for procedures and whatnot. But, yes, we did hire a veterinarian in-house about six months ago, so we have one on staff, and we have another position that we're hiring for. And the goal is to have two full-time veterinarians to provide a best-value solution, because it does get expensive to subcontract out to the local vets, though we do appreciate what they do for us at DAS. CHAIRMAN LoCASTRO: Okay. I mean, I know pubic October 24, 2023 Page 41 petitions are just speaking at the podium and us, you know, digesting all that. But I don't know -- Commissioner McDaniel's lit up. Go ahead, sir. COMMISSIONER McDANIEL: Yes. And a quick question, a representation about the actual ordinance for the creation of the DAS advisory board. How long's it been since we touched that? MR. RODRIGUEZ: It's probably been a very long time since we've adjusted any ordinance relating to the committee. COMMISSIONER McDANIEL: Again, I'm not here to whip up work, but it certainly sounds like that could use a little loving. MR. RODRIGUEZ: Understood. CHAIRMAN LoCASTRO: My disappointment with the board -- and I don't want it to sound, like, too negative, because I really do appreciate the people that have stepped forward. But to your point, ma'am, about, you know, more aggressive board members and -- well, we can't make people join the board. And I know the last meeting I attended, they actually had board elections. I was flabbergasted at how few people wanted to be on the board. So a lot of animal lovers in Collier County. And maybe we did a bad job of advertising, you know, for new board members, but I was shocked at how few people wanted to run again to be on the board and just the small pop- -- I think you might have even been at the meeting with me, Dan. And so, you know, that would be something -- you know, there's a lot of -- there's a lot of merit and a lot of points that she brought up that have rebuttal but also that have significant merit, and so... MR. RODRIGUEZ: If I could just comment on the communication. If you go to the DAS website, there's a phone number right on the front there. And you're familiar and the Commission's familiar with the staff out there. They have open communication. Myself, Tanya Williams are available. But also October 24, 2023 Page 42 the committee members, I know many of them, they have my work cell phone. If there's any issues that come up that they can't handle or they need additional guidance, they contact us. So they're available. If you go to the DAS committee meetings, they ask for more input, and they just don't get a lot of participation. I think a lot of that has to do, from my experience -- there's over 280 volunteers who have a voice. They're there at DAS; they're participating. And if any anomalies pop up or issues, they're quickly resolved by our director and her staff. I know the adoption coordinator -- volunteer coordinator very well. She does an excellent job and has really helped to place animals. They have a very good, robust trapping program where, if you do have an issue with cats, we've worked with many communities to get those strays in, get them spayed and neutered, and move them out. But we can certainly sit with Ms. Front and cover those items with her, and if there are areas of improvement, we're all about that. CHAIRMAN LoCASTRO: Well, let's make sure we do. No. And the strength of public petition is for you to come here and raise points that you feel have merit, and we are agreeing that I know some do. On the flip side, I knew a vet was hired six months ago, so maybe that's a little bit of old information. A volunteer actually sent me an email a few days ago saying something about why isn't there a vet? And then when I reached out and found out one was hired six months ago, the volunteer said, oh, well, I haven't volunteered in quite a while. I had just heard that. But let's make sure that we connect not only the speaker but, you know, we go through the points. I have a couple of commissioners still lit up. Commissioner McDaniel. COMMISSIONER McDANIEL: We're all done. October 24, 2023 Page 43 CHAIRMAN LoCASTRO: No. Yeah, you petitioned, and we heard you. So, trust me, the homework -- a lot of homework assignments in there that won't disappear. COMMISSIONER McDANIEL: We're giving direction now, so... CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: It's come to my attention we haven't touched this -- relatively speaking, touched this ordinance since 2004 when it was originally created. There has been some very robust discussions in this room with regard to DAS at large and what we're going to do and how we're going to do it. So I'd like to be more specific with a little bit of loving and move that into the system as soon as possible. I know that there were some groups that were making some recommendations to the adjustments in management of the animals, the care of the animals, so ons and so forth, a while ago. And if that ordinance hasn't been touched in -- or amended since '04, then -- if that information's correct, it's past time. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I think we get a lot of phone calls, a lot of emails concerning animals -- stray animals and how they're being treated. We get a lot of questions concerning operations at DAS, and we've had a couple agenda items over the past six or eight months to deal with certain issues. But I think that Ms. Front raises some interesting questions, and I think we need to have an agenda item at a meeting to go over the ordinance, as Commissioner McDaniel has indicated, to see where we need to change that, but to provide more information about the operations at DAS so the public has an understanding of that. I don't want the general public to go away from this meeting October 24, 2023 Page 44 with the belief that we have thousands of stray cats that are just being neglected. I think that's a bad message. And so I'd like to suggest that we have an agenda item. Now, it may be a while before we can get this on the agenda, and maybe our meeting in December, but -- I don't know what the November meeting looks like at this point. MS. PATTERSON: Yes, sir. I would suggest that December or January would be appropriate only just because if we're -- we want to make sure that we have the time to really bring you a complete package of information, and the November agenda is filling up with items as we speak. So that gives the staff the time to collect the information needed. COMMISSIONER SAUNDERS: Then I would suggest that we have the Manager schedule the meeting at a time that she deems to be appropriate for this issue, advise Ms. Front of that scheduling, and just let the general public know that we're going to talk about DAS and this issue. MS. PATTERSON: Yes, sir. That way we'll have a chance to meet with Ms. Front also so that that will help us inform the information collection as well. CHAIRMAN LoCASTRO: Quite a bit of what she brought up doesn't need to wait till December. I mean, if the web page needs updating -- which I actually was recently to it, and I don't know what page that was, but I got all the information I needed. So maybe it's just a matter of there's multiple pages out there. If we hired a vet six months ago, maybe the main page should have a big picture of that vet and their bio and say, congratulations, welcome aboard, Dr. X, you know, so that folks that are going to the page -- we can separate rumor from fact. So there was quite a few things in there that I'm sure that you wrote down. Obviously, one, we want to talk about the ordinance. That's going to have to be something at a formal meeting. But the October 24, 2023 Page 45 other things, I'm sure you're writing those down, and Marcy does a great job down there, but there were some points brought up that could even make sure we do a much better job. So thank you, ma'am, mission accomplished, and we have some things to aggressively address. Commissioner Kowal, sir. COMMISSIONER KOWAL: Thank you, Chairman. I just want this to be, like, a public information little comment here, just anybody that takes it on their own to trap some of these cats, just be aware that if you do trap one and they have a notch cut in their ear, that means they've already been through the program. They've already been spayed and already been neutered and released back into the communities or colonies of cats. So just to let you know that -- because I know some of these HOAs, and they hire people to come in and catch some of these things within their gated communities. Make sure they're aware and you guys are aware also that, you know, those ones have already participated so you're not redundantly overdoing -- you know, working -- you're paying money for somebody to come in and do these things if you already have a colony that's already been spayed or neutered. So just a little public information there. CHAIRMAN LoCASTRO: So that was a public service announcement from Commissioner Dan Kowal, crocodile and cat hunter. You might catch his show on The Learning Channel. Thank you, sir. COMMISSIONER KOWAL: You're welcome. CHAIRMAN LoCASTRO: I recently caught a cat that had five notches in its ears. So somebody obviously spent a lot of money. No, but that's obviously true. COMMISSIONER McDANIEL: The cat was a better fighter. CHAIRMAN LoCASTRO: Yeah. That cat was quite a October 24, 2023 Page 46 fighter. Ms. Patterson, next. Item #10A - Added THE BOARD COMMITS TO PROVIDING THE COLLIER COUNTY SHERIFF ALL NECESSARY RESOURCES TO ENSURE THAT THE SAFETY AND SECURITY OF ALL RESIDENTS, VISITORS, SCHOOLS, AND PLACES OF WORSHIP DURING THE ONGOING CONFLICT IN ISREAL AND GAZA – MOTION TO ASSURE COLLIER C OUNTY SHERIFF WILL BE PROVIDED ALL NECESSARY FINANCIAL RESOURCES FOR THE COMMUNITY SAFETY AND TO REAFFIRM THE PROCLAMATION ADOPTED ON OCTOBER 25, 2022; BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSION MCDANIEL MS. PATTERSON: Commissioners, that brings us to our 10:00 time-certain. This is add-on Item 10A. This is a recommendation that the Board commits to providing the Collier County Sheriff all necessary resources to ensure the safety and security of all residents, visitors, schools, and places of worship during the ongoing conflict in Israel and Gaza. This item comes to the agenda at Commissioner Saunders' request. CHAIRMAN LoCASTRO: Commissioner Saunders, it's yours, sir. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I want to make sure -- I think Kevin Rambosk -- Sheriff Rambosk is going to be on Zoom. MR. MILLER: I believe he is there, sir. COMMISSIONER SAUNDERS: And I believe Colonel October 24, 2023 Page 47 Bloom was going to be here as well, if I'm not mistaken. All right. MR. MILLER: I'm getting a nod that Colonel Bloom's not going to be able to be here, sir. COMMISSIONER SAUNDERS: Okay. But Sheriff Rambosk is on -- MR. MILLER: Yeah. I think he should be able to speak now, sir. COMMISSIONER SAUNDERS: All right. Let me do a little bit of an introduction as to why I brought this. The purpose of this agenda is to basically assure the public that this commission is committed to providing any and all necessary resources to our Sheriff's Department to make sure that our visitors, our citizens, our institutions, our schools, our churches, and other religious institutions are well protected during some -- during these turbulent times. And I want to read a proclamation that the Board adopted on October 25th, 2022. I just wanted to read a portion of it, because I think it says a lot about where this board is and where this county staff is. One of the whereases: Whereas, Collier County, Florida, abhors bigotry, discrimination, prejudice, and all forms of hate against all people, regardless of faith, race, gender, creed, sexual orientation, or national origin. Now, therefore, be it proclaimed that the Board of County Commissioners of Collier County, Florida, condemns anti-Semitism in all forms and expressions, condemns all forms of discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender, creed, sexual orientation, or national origin; condemns any and all violence or use of violence for any purpose at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any October 24, 2023 Page 48 person, property, or institution based on faith, race, gender, creed, sexual orientation, or national origin; and will provide -- will prevent bigotry and provide sanctions and persecution -- or prosecution for any violations. So this was a resolution of the County Commission back in October of 2022. And I don't believe that the position of this commission and the county has changed one bit since that time. In reference to the activities at the state level, there's a special session of the legislature, and there are three or four items on the legislative agenda dealing with this issue of violence and terrorism in the Middle East. One of the issues that will be considered by the legislature is support for Israel, formally expressing support for the State of Israel to exist as a sovereign and independent nation with the right to defend itself and protect its citizens from indiscriminate violence and terrorism, condemn the attack on Israel by Hamas, and ask for additional sanctions against terrorist regimes. Another part of this call of the legislature will be expanded sanctions against terrorist regimes. And then, finally, and I think very important, additional security infrastructure to guard against anti-Semitic violence, hate crimes, provide at-risk institutions such as vulnerable Jewish day schools with additional security resources and infrastructure to keep our citizens safe. So the State of Florida is taking serious action to make sure that our citizens are safe, our institutions are safe at the state level, and the purpose of this is to make sure that we do the same thing at the local level. I've asked Sheriff Rambosk if he would provide just a little general information. He can't get into a whole lot of details on security issues, but a little detail on what the Sheriff's Department is doing to ensure protection of all of these institutions. And then at October 24, 2023 Page 49 the end, Mr. Chairman, I do have a motion that I would like to make whereby we would direct our staff to make sure that the Sheriff has all of the financial resources that are necessary. This is one of those situations where there could be increased security demands and needs that last for a long time. We're not talking about the same sort of a situation when we have a hurricane and we know that the Sheriff is going to need more resources for a 30-day period or a 60-day period. This could be something that could last for quite a long time. So, Mr. Chairman, if Sheriff Rambosk is available, I'd like to hear his comments. SHERIFF RAMBOSK: Good morning, Commission, Chairman. Can you hear me? COMMISSIONER SAUNDERS: Yes, yes. SHERIFF RAMBOSK: Okay. First and foremost, thank you for your continued support in providing public-safety funding in our community. And looking back at the resolution that you read from our community and what the state is in the process of doing right now, I know you are well aware that we have been engaged in this type of safety training and building of infrastructure for many years. But I would like to go over a little bit of that for our community so they have a better understanding of how we are able to keep our community safe, have the low crime rate we've had -- and because it's all done with a proactive approach to reducing crime and violence, and we've been doing that for a while. We've got a variety of partnerships that make this work with citizens, businesses, public-safety partners, certainly our members, providing everything we can together as a group. And I include all of our first responders, fire rescue, EMS who are all involved in this, and I'll talk a minute on after-training, which they are a part of. But, you know, we do this in a variety of ways. We've included October 24, 2023 Page 50 professional development training, specialized technologies, you provide dollars for specific equipment. When we look at the tragic events both nationally and internationally, you know, it doesn't matter whether it's workplace violence, terrorism, hate crimes, active shooters, we always directly and diligently examine, review, and analyze any events that are going on around the country or the world to improve our tactics, our training, and our procedures. So we've been doing that for a long time, and that's one of the ways that we stay well out in front of what could potentially ever occur in our community. We've always had support through the Board of County Commission and through the community to enable us to invest in highly specialized training, and that's where we're a little bit different than many places in the country. The training that we have built into our process includes rapid response tactics, leadership training and, more importantly, problem solving in dynamic situations that are not just solely law enforcement related, and I think that's one of our strengths. You know, we continue to emphasize the need for the quickest and most efficient response to stop a threat. We go to the threat, period. That's in our policy. That's how we train. We continue to partner not only with public safety, but with our public schools, with mental health providers, and other providers throughout the community. And, again, they let us know what is occurring in their communities. We're better able to then build safety protocols to respond to them. As far as the Sheriff's Office goes, you know, we've provided active Shooter Hostile Event Response, or the ASHER training that I mentioned before, to over 11,000 citizens of Collier County in the last decade and, unfortunately, you probably might remember, that some of those who have been to those events have actually utilized that training in tragic events throughout the nation during active October 24, 2023 Page 51 shooter situations. We've also conducted training with law enforcement, all of our public-safety partners. And, you know, in the past 48 months, I've directed and positioned the agency to conduct more than 6,500 staff hours of ASHER-related training. And that is -- the preparation and the training is really what sets us apart. And we look at sessions that involve deputies, supervisors throughout the ranks, and we have interactive training and instruction from companies such as DECO (phonetic); Power Consulting; the Ironclad staff, which is a tier-one delta special operations training operation; U.S. border patrol operations or BORTAC command; and the U.S. state department for ASHER training. So we've gone well, well beyond what most agencies have gone. We've also contracted with a world-renowned counterterrorism advisor, and we've had him, fortunately, for many years, who's a subject-matter expert in combating terrorism and tactics. We've formed a lot of partnerships and alliances outside of our community. One of the things that we did a few years ago was we joined with the NYPD sentry program. That's an intelligence partnership. I actually went up to the intelligence unit up in New York to join that. We also are a part of the Joint Terrorism Task Force, Homeland Security Investigations, the Florida Department of Law Enforcement, and I sit on the Domestic Security Oversight Council for the State of Florida. So, you know, equally important to our formal partnerships, we have our faith-based community partnerships, our nonprofits, our businesses, and that's how we're able to serve them and be proactive against threats of hate crimes for everyone's safety. We've also, in 2016, created the agency's Counter Terrorism Intelligence Bureau, or CTIB. That works as an internal threat management team. We focus on identification and disruption of October 24, 2023 Page 52 individuals or any type of information that might lead to a potential problem. We have a regular flow of information between state, local, and national agencies, and these partnerships, and particularly CTIB, allows us to have a threat assessment process for individuals that could turn out to be large-scale events and operation problems for us. So we do a lot with them. You might have seen, we just received a -- since this event started and well, well before -- but since this event started, we've met with all of our faith-based organizations. We just got a response from Jeffrey Feld, president and CEO of the Jewish Federation of Greater Naples, who was just thanking us for all the activities relative to this current event. But, you know, we've worked with them in the past on many things, whether it be threats or helping them design safety for their building. So we've made a long-term commitment to our entire community, as the resolution that Commissioner Saunders read, to ensure that everyone is treated equally, fairly, and is safe. So while we have no direct threats known to our community, I can tell you that we stand firm in preparation, training, resources, and technology that are going to keep our community safe not only from terrorists or tragic events, but day-to-day crime and violence as well. So I thank the Board of Commission -- Board of County Commission for supporting our needs throughout the years, and thank you for bringing this up today and supporting what we may need in the future. And I will tell you, it is changing daily. So while I may not have a specific request today, I may certainly have one within the weeks to come. COMMISSIONER SAUNDERS: Thank you, Sheriff Rambosk. And, again, the purpose of this is for the Board to indicate that whatever resources you do need going forward, in addition to what we've already provided in the current budget, that October 24, 2023 Page 53 those resources will be available to you. Could you comment just real quickly on school security. I know we have deputies in all of the schools. Are you looking to do any increased security as it relates to the school system? Because I have gotten some communication from the school district concerning this. SHERIFF RAMBOSK: Yes. In fact -- and we won't get into specifics, but immediately with these events unfolding internationally, we met with the superintendent, we increased security and staff full-time throughout the day, and we'll continue to do that. COMMISSIONER SAUNDERS: Mr. Chairman, I don't know if there are any registered speakers. I will have a motion at the end. CHAIRMAN LoCASTRO: Mr. Miller, we have -- MR. MILLER: We have one registered speaker, Dr. Allen Menkin. DR. MENKIN: Good morning. I'm here today as the representative of Christians and Jews united against anti-Semitism in Naples. And I want to speak on behalf of Commissioner Saunders' recommendation and in appreciation of the many actions that this board has taken in the past and in appreciation of the vigorous law enforcement that exists in our county. The Board is doing the right thing in acknowledging that the State of Israel has the unrestricted right to defend itself and providing the resources to guarantee that all Collier residents -- Collier County residents are safe in their schools, places of worship, and the public square. It's timely and appropriate as a response to the war crimes and atrocities that were committed in Israel on October 7th. It deserves our praise and it deserves everyone's, you know, just unreserved support. Having said that, many of us were concerned long before the massacre that occurred. Many colleges were cesspools of October 24, 2023 Page 54 anti-Semitism. Social media had become toxic. Violent attacks had taken place across the country, downplayed by legacy media. Reported anti-Semitic incidents had spiked to an all-time high nationally and had doubled in Florida between 2021 and 2022. We were not aware of any imminent threat, and we hoped for none, but we were worried that things could get rapidly worse. It seemed reasonable to us that a partnership of Christians and Jews might form a barrier and the rising tide of anti-Semitism, so we got together with the Jewish Federation of Greater Naples and began planning. Our initial conference will be at 7 p.m. November 30th at the Federation building on Pine Ridge Road. I've provided the Clerk with registration forms. I think we understand that anti-Semitism is just not a case of one hatred among many. Mobs in our campus and our cities and across the world are not chanting death to blacks, death to Asians, or death to Muslims, Catholics, or Protestants. Anti-Semitism is toxic, it's ancient, it's insidious and requires our constant attention, and I thank you for that. Everyone's familiar with Justice Potter Stewart's famous comment about pornography, that he couldn't always define it, but he knew it when he saw it. Anti-Semitism is like that, but we have to recognize it. We have to do it to deal with it. The IHRA, International Holocaust Remembrance Alliance, working definition of anti-Semitism has been adopted as official policies -- policy by a thousand agencies, 31 states, including Florida and the District of Columbia. It's been endorsed by 15 Florida cities and towns, as well as Miami-Dade and Palm Beach County have submitted a copy of it for your view and consideration. Thank you for the action that you're taking today, and thank you for the opportunity to address you. MR. MILLER: That's all we have, sir. October 24, 2023 Page 55 (Applause.) COMMISSIONER SAUNDERS: Mr. Chairman, if there are no comments from the Commission, then I will make a motion just to assure the Sheriff that this commission will provide all of the financial resources necessary during this period of time, which could last indefinitely. So if there's a budget request during our budget -- during this year, that we are committed to providing those funds, and also I would ask the Board to reaffirm the proclamation that we adopted on October 25th, 2022, that I read into the record. So that's the motion, Mr. Chairman. CHAIRMAN LoCASTRO: Second. COMMISSIONER HALL: Second. COMMISSIONER McDANIEL: Third. CHAIRMAN LoCASTRO: I've got a motion from Commissioner Saunders and a second from all of us. On the record, I'll just say Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. CHAIRMAN LoCASTRO: Thank you, Commissioner Saunders. MS. PATTERSON: Commissioners -- SHERIFF RAMBOSK: Thank you. MS. PATTERSON: Commissioners, we do have a second public petition. I'd recommend the order go like this: Let's take the October 24, 2023 Page 56 second public petition from Mr. Loewer. He has been here since early this morning; take a court reporter break; and then start our 10:30 time-certain for Ascend. CHAIRMAN LoCASTRO: Absolutely. Item #6B PUBLIC PETITION BY DOUGLAS LOEWER ON LOCAL ENFORCEMENT OF OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA), FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AND ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS. - PRESENTED; DIRECTION GIVEN TO STAFF MS. PATTERSON: All right. So Item 6B is a public petition by Douglas Loewer on local enforcement of Occupational Safety and Health Administration, Florida Department of Transportation, and Environmental Protection Agency regulations. MR. LOEWER: Good morning. My name's Douglas Loewer. I'm a professional engineer registered in Florida. I'm afraid my presentation is going to pale in comparison to the Sheriff's, but I hope I can keep you awake. I'm here about the different codes that are being enforced in different methods throughout the county. Today I'm going to -- I would like to speak on just the Vanderbilt Beach Road extension project. There's four items that had to do with that, one of which is the silt fence, and silt fence may not seem like a major item to a lot of people, but the codes become manuals. The manuals become legislation and they're passed. There's something called the Manual for Sediment Control and Soil Erosion, 318 pages long, gives all the different ways silt fence and everything's supposed to be done, and October 24, 2023 Page 57 those are usually incorporated by the engineers that do the design directly onto their plans, which in this case was the case for Vanderbilt Beach Road extension. And the size stake that's required for silt fence is this (indicating). The contractor put in these (indicating). I notified Growth Management and Transportation in, well, January, February, March, April, May, June, July that this is what was going on, and they kept putting them in. Now, that may not seem like a big item to the public, but from a taxpayer's point of view, that's a $750,000 draw item. There is 252,000 lineal feet of silt fence, which is 48.3 miles. There would be 42,000 stakes that are wrong. Now, these stakes are put in for a longer period of time, because that's a larger project. It's an environmentally sensitive area. There's 4,000 lineal feet of the roadway against a canal. And next year, you get a big storm, these guys are going to break sitting in the Florida sun, and you're going to have sediment rolling straight into the canal. That's the reason that the state and Collier County has decided that this is the size stake, because Collier County has codified the manual. And I don't understand why we aren't using those stakes, why we're still paying the contractor to put in these stakes after I've talked -- after I've sent -- well, not hundreds, but probably 40 or 50 emails, sent pictures, and talked to the engineer of record working for the county under the Transportation Department, a Mr. -- I believe his name is White. And he said that they were just going to go ahead and do it; they didn't care. I think the environmental area would care when they start collapsing. There's another clause in that that -- in the manual that says that you're supposed to put up the silt fence prior to any construction, any filling. And I've got more pictures -- I've got a lot of pictures. I've October 24, 2023 Page 58 got more pictures of 4,000 feet of canal with no silt fence at all on it, already been cleared and bringing in fill, and collapses of the bank into the canal. Obviously, that's a public health issue, and I'm concerned about it. I think anybody on the Board would be concerned from a public health standpoint. I'd also be concerned about what happened to that 750,000, because since the contractor didn't do what he was supposed to do and Mr. White in the Transportation Department and Growth Management all knew that he wasn't doing what he was supposed to do, and he still got paid, and he still got paid last month for draw items that have to do with this. I would think that would be something the county has jurisdiction over to at least look into. There's a corollary issue that has to do with sediment control also. Anyplace that there is -- and this has to do with the Vanderbilt Beach project -- road extension project again. Any area that trucks move from the construction site onto any kind of public county local road, they're supposed to have something put in called a soil prevention device. I don't know how many are supposed to be on the Vanderbilt Beach project. I've looked at at least a dozen of them, and it's pretty simple to put these things in. You clear the entrance, you throw some fabric down, and you cover it with stone, and as the trucks come over, the stone knocks the dirt off so you don't get it tracked down the road. And you've got to clean that every so often so that the dirt stays off the road. There's not one been put in anywhere on the project, and I've driven lots of miles to check. I would think that sediment getting onto our highways is -- Collier County, that's going to cost the county taxpayers money to clean up because the property obviously isn't doing it. And wherever these entrances are, you're supposed to have a special silt fence across the ditch that doesn't let the sediment from -- that fell off the tires to get to the ditches, and every single one that I looked at, October 24, 2023 Page 59 the flap for the silt fence was just laying there, and the silt was just running out underneath it. The state spent millions and millions of dollars on a manual, Soil and Erosion Control. You all, somewhere in one of your laws, codified it, made it part of your system. If you're not going to pay any attention to it and it's costing the taxpayers money, I don't see how you're going to fix this. You can't say that we -- you can't pass an amendment to the contract stating we're going to accept these on this particular job because this is what the code that you used calls for. And to go back and change it now is going to be very expensive, 42,000 of these. Anyhow, moving on to Subject No. 3. In January, there were signage put up for the construction that was being done at the corner of Collier and Vanderbilt Beach Road. There were -- one of the requirements is that a temporary traffic control plan be put on record. It was put on record, it was signed by an engineer, and the signs were installed end of December, January. And this is just -- what I looked at was just in the area of Collier Boulevard and Vanderbilt Beach Road. There were 24 signs erected. All 24 were in the wrong place. And I'm not talking a little bit. Many of them were 600 to a thousand feet out. I called Mr. White up, sent out my letters. Got no response. Everybody stopped talking to me. But in April -- and I found this out on a website called NextDoor on the computer. It said that there was a really bad accident at the corner of Collier Boulevard and Vanderbilt Beach Road, and it was between a pool truck, who was apparently cited, and a woman who was in the hospital with massive back problems. Now, this had been going on for three months, but the funny thing is, within four days, all the signs that were in the wrong place were moved to the right place. I think that's an indication they know October 24, 2023 Page 60 this was not the right thing. I asked to get in touch with her so that she could make a -- so she'd at least know that the county had signs in the wrong place, and it was completely thwarted. Nobody would help me. So what -- jurisdictionally, I would ask that the Board find somebody to get a message to her, the pool guy, the -- and their attorneys that the county has fault in this, or maybe they do, maybe they don't, but I think this is much like a prosecutor withholding defense evidence from the defense people. CHAIRMAN LoCASTRO: Stand by, sir. Commissioner Saunders has a comment or a question. COMMISSIONER SAUNDERS: Yeah. Just a quick comment. I had met with Mr. Loewer I want to say at the middle or late part of August. It's been a little while. And you raised the issue of those stakes. I did mention that to staff, but I think that -- I guess the message I would get to staff is that if the contractor is saving $750,000 -- and I'm just using your number -- is saving a very substantial amount of money by not complying with the contract, that savings needs to come back to us, not to the contractor. And so I would ask our staff to look into that, because that's significant. The other issues, I can't really comment on those right now. But you did raise that, and I would like staff to make sure that we're not being taken advantage of by the contractor. And I know Ms. Kinzel, the lady that keeps an eye on the purse, would like to know that as well. So that's just a request for our staff to make sure we're not being short-changed there. MR. LOEWER: Well, the 750,000 is the draw item in the contract. COMMISSIONER SAUNDERS: Right. So I know there's a difference between the price of those two, and it's less than 750,000 October 24, 2023 Page 61 but -- MR. LOEWER: Well, I don't know how they can -- I don't know how you can put these in, because they're going to collapse. COMMISSIONER SAUNDERS: That's something that we should look into, or at least have the Board -- the staff let us know that we're not being taken advantage of there. That's all. MR. LOEWER: No. CHAIRMAN LoCASTRO: Sir, you're out of time, but -- MR. LOEWER: Out of time. CHAIRMAN LoCASTRO: -- I'll give you -- do you have a last closing comment or anything? I didn't want to cut you off prematurely, but you're out of time. But I'd allow you a closing statement. MR. LOEWER: Well, there's one other item that I covered with Commissioner Saunders, and that was about compaction under the Vanderbilt Beach Road. It has to be put in in layers. I gave him a long dissertation on it, so he can cover it for you. But the fill that's being brought in is just being thrown down, and it's in a fluff type thing. If you don't compact the other layers coming up, it's going to collapse, and the road's going to collapse, the Public Utilities commission -- the Public Utilities for Collier County is going to start paying massive amounts out for road fixing after about two years rather than a road that's going to last 12 to 15 years, which is what the taxpayers are paying for. CHAIRMAN LoCASTRO: Thank you, sir. MR. LOEWER: Thank you. (Applause.) CHAIRMAN LoCASTRO: Do you want to take a break till -- I mean, is 11 -- we've got a large crowd here. I always add a few minutes because people need to use the restrooms, and they're small restrooms up here. So why don't we come back right at 11. October 24, 2023 Page 62 MS. PATTERSON: Yes, sir. Thank you. (A brief recess was had from 10:46 a.m. to 11:00 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: I ask everybody to please sit down so we can start on time. Thank you. Item #9A ORDINANCE 2023-50: APPROVE A REZONING ORDINANCE FOR ASCEND NAPLES RPUD TO ALLOW UP TO 208 MULTI- FAMILY RENTAL UNITS, 71 OF WHICH WILL BE RESTRICTED AS AFFORDABLE, ON 17.5± ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF VANDERBILT BEACH ROAD APPROXIMATELY ½ MILE EAST OF LOGAN BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20220002908) (COMPANION TO ITEM #9B: PL20220003213 - GMPA) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - ADOPTED (COMMISSIONER SAUNDERS OPPOSED) Item #9B ORDINANCE 2023-51: APPROVE AND TRANSMIT TO THE FLORIDA DEPARTMENT OF COMMERCE A SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT ORDINANCE CREATING THE VANDERBILT BEACH ROAD RESIDENTIAL SUBDISTRICT TO ALLOW UP TO 208 MULTI-FAMILY RENTAL UNITS, 71 OF WHICH WILL BE RESTRICTED AS AFFORDABLE, ON 17.5± ACRES OF PROPERTY LOCATED October 24, 2023 Page 63 ON THE SOUTH SIDE OF VANDERBILT BEACH ROAD APPROXIMATELY ½ MILE EAST OF LOGAN BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220003213] (COMPANION ITEM PUDZ PL20220002908 ITEM #9A) (DISTRICT 3) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - ADOPTED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: Commissioners, that brings us to our 10:30 time-certain, and this is Companion Items 9A and 9B. Item 9A is a recommendation to approve a rezoning ordinance for Ascend Naples RPUD to allow up to 208 multifamily rental units, 71 of which will be restricted as affordable, on 17.5 plus/minus acres of property located on the south side of Vanderbilt Beach Road, approximately one-half mile east of Logan Boulevard in Section 4, Township 49 South, Range 26 East, Collier County, Florida. This is a companion item to Item 9B, which is a recommendation to approve and transmit to the Florida Department of Commerce a small-scale Growth Management Plan amendment ordinance creating the Vanderbilt Beach Road residential subdistrict to allow up to 208 multifamily rental units, 71 of which will be restricted as affordable, on 17.5 plus/minus acres of property located on the south side of Vanderbilt Beach Road approximately one-half mile east of Logan Boulevard in Section 4, Township 49 South, Range 26 East, Collier County, Florida. First we'll do the ex parte disclosure by the commissioners, and then everyone will need to be sworn in. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, do you have ex parte on this one, please? COMMISSIONER KOWAL: Yes, I do. I have meetings, October 24, 2023 Page 64 correspondence, and emails. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes, Mr. Chairman. I have the correspondence, meetings, and emails as well. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Meetings, correspondence, emails, and calls. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Correct. Meetings, correspondence, emails, and calls. CHAIRMAN LoCASTRO: Yeah, and same for me; meetings, correspondence, emails, and calls. Thank you. Okay, proceed. MS. PATTERSON: Everyone that will be participating needs to stand up, please, and be sworn in by the court reporter. MR. MILLER: That does include if you're a registered public speaker. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Mr. Yovanovich. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant. With me today, I have Gregg Fusaro and David Bastos from CIG Communities; myself; Patrick Vanasse is our planner; Josh Fruth is our engineering consultant; we have someone from Earth Tech Environmental to talk about any environmental issues you may have; and Norm Trebilcock is our transportation consultant. As you are aware, we're here for two requests to enable a October 24, 2023 Page 65 208-unit I'll call it a mixture of affordable and market-rate units to be built on 17.5 acres. As the County Manager mentioned, we have 34 percent of the 208 units income-restricted. That's the highest percentage to date of income-restricted units in Collier County. Before that, the highest number of units was 30 percent, and that is for the same client who did an attainable project on Immokalee Road. So you have a developer who is committed to Collier County and is not what some people who have said is a carpetbagger just coming here to make a buck in Collier County. The project also requires a rezone to the Ascend Naples RPUD. Prior to submitting the PUD, we learned some lessons from another project that was going forward on Vanderbilt Beach Road at the corner of Vanderbilt Beach and Collier Boulevard. And as a result from that, that project came in at four stories. We have come in at two stories, which is consistent with the heights allowed in the neighborhood on both sides of the street. We are removing the property from the Estates Growth Management Plan element, and we are moving it into the urban area as part of our request. The property is on Vanderbilt Beach Road about a half mile from Logan Boulevard. It's four parcels consisting of those 17.5 acres. The current future land-use designation is Estates Golden Gate Area Master Plan. It's part of the Urban Estates. It's not part of the Rural Estates. You-all, a few years back, made a distinction between the Urban Estates and the Rural Estates. And the current zoning is Estates as well. The property has one vacant single-family home on it to date. This is the location of the property. As you can see, it is adjacent to the urban area. It is directly across from Island Walk, which for some of you, you may not know, it's a Development of Regional Impact, so it is a large residential project in the urban area. October 24, 2023 Page 66 You can see also all the way across from Vanderbilt from basically Logan to Collier Boulevard it's urban area, and on the corner -- Troy, there we go -- on the corner you have a commercial development, commercial development, and commercial development along the frontage here. So the location of this property is essentially in the urban area. Historically, the urban area has been from Collier Boulevard west, and the rural area has been from one mile east of Collier Boulevard further east. You'll hear from us fairly early and often in our presentation that there has been some misinformation out there when this project is being spoken about in the public. I want to correct -- or not correct. I want to put on the record and clarify on the record that we're not building any 400-square-foot units. What we are building is the studios -- and we can put this in the Development Standards Table if you would like us to. The studios will be a minimum of 575 square feet. The single-family will be -- the minimum one-bedroom will be 675 square feet, the two-bedrooms will be 1,000 square feet, and the three-bedrooms will be 1,300 square feet. That is what the market wants, and that is what we will be providing to the market for people who want to live in Collier County and live in attainable first-rate units. Second, approving this project is not a precedent. You can ask your County Attorney. Every land-use decision you make is unique, and it's not going to result in a proliferation of apartment complexes throughout the Estates. You will look at each project on a case-by-case basis, and you will evaluate the location of that project on a case-by-case basis and decide whether or not it makes sense to allow an apartment complex with 34 percent attainable units to be located on a piece of property. Mr. Vanasse will go through the details of the project and how October 24, 2023 Page 67 we're compatible with what's around us and how -- the basis for why your Planning Commission recommended approval and why your staff is recommending approval. I do want to point out that historically in the Estates, on the fringes of the Estates, nonresidential more intense uses has been recognized and permitted through Growth Management Plan amendments in the past. This is Immokalee Road by Oakes Boulevard, and you can see essentially in the green that first row back to the first local street has been developed with nonresidential uses with higher intensity than one unit per two-and-a-quarter acres. So the Golden Gate Estates master plan has been amended in the past to provide services on the fringes of the Estates. There's a distinction from -- if we were asking for an affordable housing project or any apartment complex in the insides of the Estates, we wouldn't -- frankly, we wouldn't be here. We're not asking for that. What we're asking for is a project that is located on a major road. It has no access whatsoever to a local road. It is 208 luxury rental units. Every one of the units will have the same fit and finishes. Thirty percent will be set aside as follows: 15 percent serving, or 31 units, serving 100 percent of the AMI and below; and 15 percent, or 31 units, will be serving 80 percent or below of the median income in Collier County; and an additional nine units per acre [sic] will be at 120 percent or below of the median income. And that is a result of the Live Local Act allowing for some tax breaks for providing income-restricted housing. But candidly, as you'll hear from Mr. Fusaro, it's being eaten up by additional costs and insurance costs associated with the property, but it does help the project remain viable. As I mentioned earlier, my client has provided the highest percentage of income-restricted attainable housing to date in Collier County and will continue to do so in this project. October 24, 2023 Page 68 I don't think there's any question with regard to the need for attainable housing in Collier County. You can see it every day if you're driving north on I-75 in the morning or south in the afternoon, the influx of people who are coming to Collier County to work because they can't live here. There's no mystery that people who are earning the median income in Collier County, which is $100,000 for a family of four, can't afford a home in Collier County. Rents have gone up over 20 percent, construction costs have gone up, and insurance costs have nearly tripled since the Aspire project started doing its underwriting as it went through this process that I'm sure will carry forward to Ascend in the future for what it's going to cost. And I'm sure we're all aware that that is the number-one issue for -- identified in the Collier County Community assessment by the Schulze Family Foundation is attainable housing in Collier County. I'll briefly go over statistics, and I'm sure Cormac Giblin can fill you with many, many more statistics. But by way of example, the county built a project on Santa Barbara. I believe it's the Bembridge project. It was 82 units. And what we've been told is it had over 300 applications for those units in the first week, and now there's a tremendous waiting list for those units. So there's no question that there's a need for affordable housing, and we would be providing 71 more units as part of this project. Commute times vary from, you know, anywhere from 30 minutes to an hour each way to come to work in Collier County. Approximately 17.4 percent of our workforce commutes. That's 40,000 people. And they commute from, obviously, surrounding counties and some as far as Broward and Dade Counties as part of their job commute to work. Candidly, we've heard a lot of comments about how great a October 24, 2023 Page 69 place Collier County is to live, because we are. We provide the highest level of services throughout Collier County services. Our school district is top-notch. But the reality is, the school system and other employers, the hospitals, are having trouble attaining workers to take care of us when we need to be taken care of or take care of our kids as they're going through school. These are some of the letters of support that we've received for part of this project, and you can see it comes from all different types of employers in Collier County; some big, some small; from some people who serve in multiple functions, like Julie Schmelze. She is, I guess, the president of the Chamber. She's a volunteer for the Chamber of Commerce, but she's also a resident of the Estates. She lives in the Logan Woods community, and she has sent you a letter as a resident of the Estates advocating for an affordable income-attainable project within the Estates and specifically on this parcel of property. You've received letters from the Naples Community Hospital and the -- I'll quote a part of that. It says NCH has experienced situations where we'll make an offer of employment for nurses or allied healthcare positions only to have candidates unable to accept due to the high cost of housing in our region. At every level of staffing, we face challenges with workforce housing for our dedicated staff. Factoring in all other sectors of our regional workforce, you hear time and time again, employers are unable to fill vacant positions. Collier County Public Schools states, current and prospective employees must be confident in their ability to find affordable housing that will meet their needs and the needs of their family. This has become harder for our employees in the past years. We have employees, including teachers who have worked with us for a few years, who leave due to the rising rents in the area which October 24, 2023 Page 70 currently outpaces their income. You have Dan Lavender from Moorings Park state, every year it gets more difficult for employers like Moorings Park to attract and retain talent to continue to make Naples, Florida, a premiere service environment for all. Nearly every month now we have a few great employees who love their job and love Naples resign and head back north where they can find more affordable housing. These are communities where there are income-restricted housing, and we are identifying the location of our parcel. As you can see, right now there are no income-restricted affordable/attainable density bonus projects in the Urban Estates. In fact, you recently transmitted a Growth Management Plan amendment to the state to review which would increase the maximum units you can ask for in the urban area to 25 units per acre. You adopted an amendment to the Rural Fringe Mixed-Use District, amendment for that Growth Management Plan area, to allow for or request up to 12.2 dwelling units per acre. And I will point out that the density allowed in the Rural Fringe Mixed-Use District is one unit per five acres, which is half the density allowed for in the Estates. And in the Rural Lands Stewardship Area, you recently mandated as part of any village or town that 2.5 percent of the land within that SRA include affordable housing at 10 units per acre. The only area in Collier County where you don't have a right to request a density bonus for affordable housing is the Estates. We have to do an -- we have to do a Growth Management Plan amendment every time we would like to request an affordable housing density bonus as part of this process. We're asking for 11.9 units per acre on this parcel of property which is consistent with other areas in Collier County. This is the right community in the right location despite the October 24, 2023 Page 71 hecklers that are in the audience. This is a problem throughout Collier County. It's not -- it's not local to the urban area, it's not local to the Rural Fringe Mixed-Use District, and it's not local to the RLSA. Pat will take you through the details of our community that we're proposing. He will show you how it's compatible with the community around us. Both your staff is recommending approval and both the Collier County Planning Commission recommended approval. At the conclusion of our presentation, we will be asking you to approve both the Growth Management Plan amendment and the PUD for this particular parcel of land and allow this community to go forward. And with that, those are our opening comments. Unless you have some comments or questions, I'll turn it over to Mr. Vanasse. MR. VANASSE: Good morning. As Rich mentioned, my name is Patrick Vanasse. I'm a certified planner with The Neighborhood Company. It's a pleasure to be here today to talk about these two petitions before you. My job today is to address planning and zoning issues related to those petitions and, more specifically, it's to show how this project, this community is the right community in the right place. And as Rich mentioned, what we're asking for is a community of 208 residential luxury rental units, of which 34 percent will provide affordable or attainable housing. So in order to address this "right community in the right place," I'm going to look at three major issues. I'm going to look at location, at the density that is being requested, and the compatibility. And in doing so, we'll look at the project details, and we're going to look at design choices that were made for this project. We're going to look at the surrounding context. So when we look at October 24, 2023 Page 72 location, it's not just where it is on a given road, but what is surrounding it, what the other uses are around that property. And also, last but not least, we are going to talk a little more about housing needs and affordable housing issues in the county. So if you look at this map, this is the subject property identified in red, 17.5 acres. It is located along Vanderbilt Beach Road approximately half a mile from Logan to the north of the subject property. We have a six-lane divided major arterial. Beyond that, we have the Island Walk community, which is a residential community of over 2,000 units. It has both residential and multifamily units in there. To the south of us we have Cherry Wood Drive. Beyond Cherry Wood Drive we have Rural Estate -- Urban Estate lots. And to the east of us, we have the cemetery and mausoleum. Just to point out also, this is identified in yellow, and it is within the urban mixed-use future land-use category. And then to the west of us we have one abutting single-family home, and beyond that we have Rural Estate lots. So what is also important to look at when we look at the location is the surrounding context. Everything that is in yellow is urban mixed-use, and that is significant because the urban mixed-use future land-use category is where we allow for greater densities and greater intensities in the county. As Rich pointed out, when we go to the intersection, we do have some commercial and mix of uses. The commercial on the northern side of the intersection allows for up to 440,000 square feet of commercial, and on the southern side it allows for approximately 42,000 square feet of commercial also. So there are a mix of uses surrounding the property. Those are the areas also where we have urban infrastructure and urban services. That means we have water and sewer for the property. We have a roadway with sufficient capacity, and the urban areas are also the October 24, 2023 Page 73 areas where we've got our employment, shopping, dining, and entertainment. And if we look at our next slide, this shows you the Future Land Use Map of Collier County. Again, everything in yellow is urban. There -- you can see that the Estates designation is in brown. Some of that Estates designation is within the urban area. 951 is your demarcation between the urban area and the rural area. And while there is some Estate future land-use category within the urban area, it's important to note that that happens because it's -- because of historical conditions. Those were pre-platted lots, and the county has honored and protected those areas. But what's important to note is it is -- those areas in the Urban Estates are surrounded by the yellow, the urban areas. And even though they are surrounded by a sea of yellow, they've maintained their integrity. And you do have more intense uses, you have commercial uses on the periphery and along major roadways, and I think that's important to note. We're not suggesting that we put this project within a residential neighborhood. It is on the periphery, and it will be buffered, and we will ensure compatibility. So if we look at the next map, this is from the Urban Golden Gate Estates in the Golden Gate Master Plan. Future Land Use Map shows the Urban Estates in the orange color, again, surrounded by urban uses. And I'd like to point out that if you take a residential neighborhood like the Oakes neighborhood, a very desirable location, and property values have done extremely well in that area, and they are surrounded by urban uses. And, again, I think those uses, when done right, can be compatible and complementary to that neighborhood. And part of the reason why that neighborhood has done so well from a real estate standpoint is it in close proximity to the urban area. It's close to services, and it's close to dining, retail, entertainment. October 24, 2023 Page 74 I'd also like to point out on this slide that when the Golden Gate Area Master Plan was updated in 2019, three distinct areas were identified in that master plan. There was the Golden Gate City, which is a very urban and undisputed urban area; the Urban Golden Gate Estates; and the Rural Golden Gate Estates. Again, demarcation between the urban and rural is 951. Also, the Urban Golden Gate Estates sub-element does call for a mix of uses where appropriate. And, again, where is that appropriate? On the periphery of those residential neighborhoods, on major roads, or at intersections of major roads. And what you have there is a list of all different nodes that are allowed to have these mix of uses and these commercial uses within the Estates. The next subject I want to talk about is the density we're requesting and the need for affordable or attainable housing. The reason we're asking for 11.9 units per acre is simply to make this project feasible. If not for that density, we just could not provide the level of affordable housing that is being provided. As Rich mentioned, that level is 34 percent of the units, which is a significant amount for a single project. And, again, it's located in an area of the county where there is no such market-rate project providing affordable housing. It's also in an area where we have a lot of employment, so it is a -- there is a need for affordable housing in that area. And, also, we've demonstrated that -- through our application, we provided a needs analysis. Staff has reviewed it, supports the conclusion drawn from that analysis. Also, I'd like to point out that the applicant is going to give priority to essential service personnel. So essential service personnel are nurses, teachers, firefighters, law enforcement officers, public employees. Again, as Rich mentioned, those are the people that serve us as residents and are essential to our county. And moving on to the next slide, just pointing out some of the October 24, 2023 Page 75 numerous studies in support for affordable housing. Again, as Rich mentioned, I think this issue is undisputed. But going back to the ULI study that was done several years ago, it kind of set the ground work for this extreme need for affordable and the need for county to take action and be supportive of projects that come forward with affordable housing. And as Rich mentioned, we've seen changes to the Comp Plan, bonuses with the -- in the Rural Fringe Mixed-Use District to allow for greater densities to make these projects feasible. Rich also touched upon the most recent Collier County assessment study that came out just a few weeks ago. This was a survey sent out to the residents. Over 65 percent of the respondents said that controlling housing costs was the top priority for the county. That's in contrast to only 45 percent of the respondents in 2017/2018. So I think it shows that this is an ongoing issue in the county but, again, the acceleration of the cost of housing is exponential, practically. And then also what -- another finding was that 77 percent of the respondents disagree that residents in their neighborhood have access to affordable housing. The other thing to point out is that this was consistent throughout every ZIP code in the county. So with that said, I'm going to start talking about details of the planned development and how we've designed the planned development in the project to be compatible with the surrounding neighborhood. This is a copy of the master plan. Just a few quick things to point out here -- and I'll go into more detail on some other slides -- is that we've oriented the project fully towards Vanderbilt Beach Road. Where we abut residential neighborhoods, we have provided some existing vegetation, some buffering, and some landscaping to supplement that buffering to make sure that we have ample screening to those properties. October 24, 2023 Page 76 Quick summary of the request. As we mentioned, 208 units; 71 of those will be income-restricted. The amenity center will be -- consist of a clubhouse and some other recreational uses. Clubhouse will be a maximum of 12,000 square feet. We will be providing 60 percent of open space. Our preserve exceeds the county requirement with 2.35 acres of preserve, and we have numerous commitments within the PUD associated with landscaping and buffering, lighting -- to provide Dark Skies lighting, architectural -- consistent architecture theme, and I'll go into the detail of what the buildings look like and the scale of those buildings. Obviously, the housing affordability. And then since CCPC, we've added a few additional conditions associated with fencing, fencing inside of our preserves, also with the dumpster locations for the community being located close to Vanderbilt Beach Road away from abutting residential, and the parking to be distributed throughout the entire community, not clustered toward the south end anywhere close to Cherry Wood Drive. So when it comes to ensuring compatibility, these are some of the items that we had to take into consideration as planners. The overall location, the orientation, the buffering, the setbacks, the preserves, the architecture, access, and walls/fences surrounding the property, and also the development standards that we provide, and I'll go through those. So, quickly, we've already talked about location, but important things to point out, west of 951, along a major road with capacity, with central water and sewer, within, you know, urban area of the county, surrounded by urban designated lands, and close to urban centers with significant employment. If you look at this exhibit, the subject property is smack in the middle of those concentric circles. Those are one-mile contours. October 24, 2023 Page 77 Within three miles, we have parks, fire stations, hospitals, schools and, as mentioned, all level of urban services and infrastructure. With regards to overall design, we carefully looked at the site and, again, being on the periphery of a residential neighborhood, we made sure that we buffered away from the residents and that we oriented the project towards Vanderbilt Beach Road. The only access to the project will be via Vanderbilt Beach Road with one primary access that will be gated. There's going to be a turn lane associated with that. And we're going to have a secondary access for emergency access only also along Vanderbilt Beach Road. Absolutely no access, vehicular, pedestrian, bicycle access; no access whatsoever onto Cherry Wood Drive. And as you can see, the green areas are the preserves and the buffering. So a little more detail about those separations, buffers, and setbacks. So if we look towards Island Walk, the separation from our closest structure to the closest home is over 360 feet. On the south side, our closest structure to the closest home is over 210 feet; to the west, that separation is approximately 135 feet; and from the cemetery and the structures there, over 500 feet. So from a buffering standpoint, on the north side we're providing an enhanced 25-foot buffer. That enhanced 25-foot buffer is consistent with what's required for commercial projects in the Estates. We're less intense than commercial. We're residential, but we will provide that same buffer that a commercial project has to provide. That's a 25-foot enhanced buffer. On the south side, we have got a preserve, and we're going to try to keep as much of the existing vegetation as possible. If we need to supplement that -- that preserve to create more opacity, those are conditions from the county, and we'll follow county regulations associated with that. But that's a 50-foot buffer. And on the west side, again, we're preserving vegetation and October 24, 2023 Page 78 creating a buffer of 75 feet. And on the east side, we have a 30-foot drainage easement, and then after that, that will be vegetated green area, and then we have a 10-foot enhanced buffer on that side. Just to compare that to county standard requirements, between multifamily and single-family, typically the requirement is for a 15-foot Type B buffer. We far exceed that. Standard zoning, industrial abutting residential, the standard buffer is 20-foot -- a 20-foot Type C buffer; we far exceed that. In the Golden Gate Area Master Plan, when commercial directly abuts residential, the requirement is for 50-foot retained native vegetation with an extra 25 feet of no parking. We meet and exceed that. And, again, we're not commercial; we are residential. We are less intense than those requirements. From a setback standpoint, to the north we are providing a 50-foot setback, on the south side we are providing a setback of 110 feet, and to the west, 80 feet; 45 feet to the east. Setback requirements in the Golden Gate Area Master Plan, 75 feet when commercial is directly abutting residential. Again, we're not commercial, and we meet or exceed that. So the next few slides are line-of-sight exhibits from all sides of the projects. And I'll start with this one, which is line of sight, what the view would look like from Island Walk. So it's looking north to south at the subject property. So Island Walk is located over 360 feet away. That's from the closest home. On their side of the project, they've got their own buffer. We have, in the middle, Vanderbilt Beach Road, which is a 230-foot right-of-way, and then on our side we are going to have our 25-foot enhanced buffer. So as you can see, there's going to be vegetation screening the project, and I doubt the folks at Island Walk will see any of the structures on our property. Next slide shows line of sight from the south. So we looked at October 24, 2023 Page 79 all the properties along Cherry Wood Drive. Those are large Estate lots, so the setback for these various homes vary quite a bit. The closest one has a setback of about 95 to 100 feet, and most of those residences have significant vegetation in their front yard. So this depicts the vegetation in the typical front yard followed by the 20-foot right-of-way. And then the -- we have a 30-foot right-of-way easement. That right now is a vegetated swale with some taller vegetation. Unless the county goes in to make any improvements to the roadway, that's going to stay in place. And beyond that, we have our 50-foot buffer. After the 50-foot buffer, we have stormwater area for the project, and then we have our first structure. So there's going to be significant screening separation, and there's going to be over 110 feet of just right-of-way easement preserve and water management area creating that green space and that buffering. This is a view from the west. As mentioned, there's one single-family home directly abutting us. They've got about plus-or-minus 40 feet of vegetation on their property. That's followed by 75 feet of buffering preserve on our side. We've got a strip of six feet landscaping after that, and the overall separation from our closest property is -- is over 135 feet, of which about 120 feet is vegetated. So, again, lots of screening, lots of buffering. This last one, quickly, closest building on the cemetery side is about 500 feet away. They've got their buffering, their vegetation, on their side. We're going to have the drainage swale followed by our 10-foot enhanced buffer. So, again, plenty of separation, plenty of buffering on that side. Next thing I want to talk about is the architecture and a new housing concept for this project, the concept of bringing this what they call the big home concept. So these are multifamily units that October 24, 2023 Page 80 are meant to look like large luxury homes. Again, the idea was to keep the scale and keep the look consistent with the Estates. And the architecture for this will be kind of a modern farmhouse vernacular. The buildings will be no more than two stories and a maximum zoned height of 35 feet. That's consistent with standard residential districts in Collier County. All the units will be very well-appointed. These are luxury units. And I think sometimes people find it a little weird that you're going to provide affordable housing, and this is a luxury product in a luxury community. And the reason why they can provide that affordable housing component is they get a good price point per square feet on their other units, and they get that because these are high-quality units with some very nice amenities for the residents. From an access standpoint, I mentioned it; absolutely no access onto Cherry Wood Drive. All access onto Vanderbilt Beach Road. Other -- quick site consideration that I've mentioned, 60 percent open space. We will have a variety of amenities. We've got the lighting, the Dark Skies compliant lighting. We have a unified architectural theme. Stormwater will be fully controlled and managed on site. This project is going to have to go through some stringent permitting with the Water Management District and also with Collier County and will meet all county/state requirements. From a development standards standpoint -- I'm not going to go through all these -- but I want to point out is the area highlighted in yellow, that is the maximum height of 35 feet and a maximum of two stories. And real quickly, before I turn things over to Gregg Fusaro, who is representing the applicant, from a transportation standpoint, we submitted a TIS. Your staff has carefully reviewed that. They concur with the findings and support the TIS that was provided, a finding of sufficient capacity on the roadway. October 24, 2023 Page 81 As part of the PUD, there will be a trip cap, and the trip cap will be 110 two-way p.m. peak-hour trips. And I also want to point out that the client will be paying impact fees for any potential mitigation or future operational or capacity improvements that may be needed. So with that said, I will turn things over to Gregg, who's going to talk about housing and viability and feasibility of the project. MR. FUSARO: Good afternoon, Commissioners. My name's Gregg Fusaro. I'm partner with CIG Communities, and my partner, Dave Bastos, is here with me this morning. Rich and Patrick have done, I think, a great job of giving you kind of an overview and all the specifics of the development that we're proposing. I think what's really important -- and I know somebody said to me it's -- we don't want to have just a need for affordable housing driving any development. There's no question that that need is here, and I'm going to let people who are within staff who know that better than I -- because they're faced with it every day of the week -- and so even taking that away, I think the point that I want to convey to you is, first of all, you know, both Dave and I have places here in Collier County. We're members of the Chamber. We're committed to Collier County. We have a fabulous development that we just started, we broke ground on about a month ago on Immokalee. A little bit of a different site and a little bit different product. And the reason there are differences is because they are different locations. And I think the two key things that we have looked at from day one are how can we be compatible and how can we complement the existing area? And we also made sure that we were focused in a location that provided not only the utilities, but the roadway system that could handle what we had proposed. At the end of the day, what we're providing are homes. We're October 24, 2023 Page 82 providing homes for county workers, for your son's teacher, for nurses, for policemen, for firefighters, and we're providing homes for young professionals and others who can and want to live in Collier County but don't necessarily be maybe in one area of the county but want to be in another area closer to where they work. But at the end of the day, we're providing homes, and these are brand new. The cost to build a unit today is astronomical. But that's what it takes in order to provide the amenities and the finishes and the quality that we want to deliver and that we know the county wants to see us do. You know, we're building a really high-end product, and we're also, as kind of a carrot on the cake, committing to -- a certain percentage of those to those essential services personnel that are having such difficulties living in the area that they work. But the key is, again, these are homes. These are homes for kids that are getting out of college. Probably everyone in here has lived in an apartment at one point in their life. And our aim is to provide great homes for those people, whether they're just starting out and having an affordability issue, whether they're an empty nester that's decided to downsize from a larger single-family home or in another area where the expenses of operating and owning that residence has become unattainable for them. So I think -- I think the key at the base here is, you know, what are we providing? We're providing homes for a lot of people. Second of all, what have we done to complement and be compatible with the neighborhood? We've totally changed our architectural design because we've been responsive to what is around us in the neighborhood. We've agreed to do fencing around the development and, frankly, more for our protection than those in the neighborhood. We've agreed to do buffers that are significantly larger than we've seen in any other development. October 24, 2023 Page 83 We've also directed all of our traffic, whether it's pedestrian, bicycle, or vehicular, onto Vanderbilt Beach Road and only onto Vanderbilt Beach Road. We're doing a decel lane and a right-turn lane into the development to reduce the traffic impact. We've also been asked by staff, which we're committed to -- we're going to build a U-turn lane in the median so that people that want to go west on Vanderbilt Beach Road have the ability to do that. Architecturally, I think what we're going to do is totally exciting. We're really excited about it. Cormac and some of the other staff can tell you what the need is. And I don't think this is just for attainable and ESP units. There is a tremendous need, and it needs to be dispersed throughout the county. You know, one person had made a comment, and I'll just give you an idea of where the bias comes in. This person was concerned about the kind of residents that apartments could attract. They're not going to be good neighbors, I know it. Well, I think all of you have lived in an apartment at one point or time. I certainly have. I'm hoping that it doesn't make me a bad person. And I think it's our responsibility to provide good, secure, safe, and well-amenitized and well-appointed homes for all different types of residents in Collier County. Appreciate your time. MR. YOVANOVICH: A couple things I want to add before we open it up for questions is what Gregg didn't tell you is what it costs to build a unit. An apartment unit is costing over $300,000 to build. That's what the construction costs are, and insurance costs have tripled. His original insurance projection for his current project was $600 a unit, and when he finally went to get his loan and start, it went to $1,600 a unit. Those are real costs and real expenses and expenses that have to be passed through. October 24, 2023 Page 84 But I wanted to put up here the savings that are associated with each type of unit at the different income categories. And you can see that the 80 percent category for a studio apartment -- which are very popular for people coming out of school because they, frankly, don't want a lot of space because you have a lot of amenities, and they don't need a lot of space because we're in Florida. You're going to spend time outdoors, and you're going to sleep when you're sleeping, and you go enjoy yourself when you're not sleeping. So you're going to save $438 on that unit. And you go all the way up to a three-bedroom unit, it's a $2,000-a-month savings based upon income restrictions for the 80 percent category; for the 100 percent category, it's a $1,600 savings; and for the 120 percent category, it's a $933 savings associated with market rent versus income-restricted rents. So this is a significant commitment by the developer of this community to provide safe, decent, and quite nice housing for essential service personnel. Now, the property is currently in the Golden Gate -- Urban Golden Gate Estates Master Plan. It is currently zoned Estates. And there are other uses that can occur on this property, and they range. The ones that probably are the least likely to happen is the one unit per two-and-a-quarter acres. That would put the per-lot price at a per lot that probably the market doesn't support. So you could do group homes. You could do essential services on the property. And essential services includes a range of things that can occur including public charter schools can occur on Estates-designated lots. And we've been approached by one charter school. I'm sure there's others that are looking for expansion. That seems to be something that's very popular amongst educating our kids is charter schools. So we believe that the best use on this property and best use for October 24, 2023 Page 85 the community is what we're proposing. And there's been so much focus whenever we go to the Planning Commission on providing houses for essential service personnel. It's essential service personnel. So it's essentially what we're providing is an essential service to potential residents in Collier County. And with that, we are requesting that you approve both of our requests, and we're available to answer -- you know what? I forgot one other thing. I have had some conversations with Jerry Kurtz. Where's Jerry? I've known Jerry since we were both young. He worked at the county. So I've known him for a long time. Jerry's talked to me about things that, you know, maybe he would like to see happen as part of the project, and we're committed to do that whether he supports it or not. He's asked us to put a fire hydrant on Cherry Wood Drive. That obviously will help homes on Cherry Wood Drive. God forbid there's a fire, they will have an extra water source for that. We're committed to do that. We were asked to do that. We're not saying it's conditioned upon your coming up here and supporting the project. We've changed the architecture. We've changed the height. We've done additional buffers in response to what we've heard from the community. And with that, we'll open it up to any questions you may have of us. CHAIRMAN LoCASTRO: I'm going to save my questions till after public comment, but I have one or two commissioners lit up here. Commissioner Hall and then Commissioner Saunders. COMMISSIONER HALL: I just have a question about you mentioned the essential services; is that by right in the Estates? MR. YOVANOVICH: Yes. COMMISSIONER HALL: So that doesn't require a rezone at October 24, 2023 Page 86 all? MR. YOVANOVICH: Correct. You come in with a Site Development Plan. COMMISSIONER HALL: All right. Thanks. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I have some transportation questions. I understand Mr. Trebilcock is -- MR. YOVANOVICH: Yeah, he's here. COMMISSIONER SAUNDERS: Could I ask -- MR. YOVANOVICH: Yeah, of course. COMMISSIONER SAUNDERS: -- him a couple questions. MR. TREBILCOCK: Good afternoon. For the record, my name is Norman Trebilcock. I'm a professional engineer, certified planner, professional traffic operations engineer with over 33 years of experience, and we prepared the traffic study. Yes, sir. COMMISSIONER SAUNDERS: I have a couple concerns that I wanted to raise with you. The entrance road into the Island Walk property, where is your right-in, right-out access going to be in reference to that? And will there be any impact on their access? MR. TREBILCOCK: We're going to be east of their access where their entrance is, and I have distance -- let me see. I believe we're 820 feet from their entranceway. So we're a good sufficient distance away, yes, sir. COMMISSIONER SAUNDERS: One of the -- I was talking to some of the homeowners in Island Walk, and they raised a couple questions. One was school buses and how is that going to be handled with an apartment complex. I assume that there will be several children. So how will the school bus pickup and dropoff be handled? MR. TREBILCOCK: Good point. That detail hasn't October 24, 2023 Page 87 specifically been worked out, but normally what would occur is you would either -- what I've seen in my community as well is they drop off within, like, a community center area, and that's what would be made available for school folks. And they're good about that so that it's safe for the children and it also doesn't create disruption for the external traffic on the mainline roadway. That would be our main preference. But we coordinate with the school folks and make sure it's satisfactory to them. COMMISSIONER SAUNDERS: Most likely we're going to break for lunch before there's a final decision made. So maybe during the lunch break you can kind of look at that a little bit and provide a little bit better -- or a little bit more explanation on that. Then in terms of the U-turn, folks will leave the apartment, turn to the right, and then there'll be a median cut for them to make a U-turn. What's the distance? MR. TREBILCOCK: There is an existing median cut at Palm Royale Cemetery, and that would be the location of where we would put in that turn lane there. COMMISSIONER SAUNDERS: Is there enough distance so that exiting vehicles will be able to make that U-turn? MR. TREBILCOCK: Yes, sir. It's approximately a thousand feet from the driveway to the Palm Royale Cemetery location, and that would allow them ample opportunity to weave over to that, and so -- just as we have throughout Collier County. CHAIRMAN LoCASTRO: Wait one second. MR. TREBILCOCK: On mainland roadway. CHAIRMAN LoCASTRO: Wait one second. So my job as chairman is to control a professional meeting, all right? And so when you come up here to the podium, if everything he said is a lie, then you get a chance to speak, but you don't want him to boo you and heckle him and hear conversations in the back. October 24, 2023 Page 88 So I just ask everybody to be professional. We're trying to hear what's being said up here. And if you totally disagree with it, we have 60 speakers that have already registered to come over here. And so then that's your turn to speak. So I would just appreciate -- we're in a professional building trying to have a professional meeting, and everybody's going to get the chance to tell us why everything he said is wrong, if that's how you feel. But right now we're trying to hear, you know, his portion. So I would just appreciate if everybody would just be professional so that we can hear, and we're going to be professional when you're up here speaking as well. Thank you. COMMISSIONER SAUNDERS: I'm just trying to go through some of the concerns they have been raised. I do have some water management issues, Mr. Yovanovich. I'm not sure who would be best to ask about that. MR. TREBILCOCK: I could circle back, too, for you on that school bus. COMMISSIONER SAUNDERS: Yeah, I would be interested in knowing -- MR. TREBILCOCK: Okay. I've got it shown here so that the concept would be, you know, the vehicle would be able to come in here, and there's an activity center right here for the development, and that would be the -- would be our preference as a location for pickup and dropoff of students. And then the site's designed to accommodate a school bus to be able to drive through, as it's designed for a fire truck to be able to drive through the project. So that would be the idea. That would be our preference to keep the folks off of the mainline roadway, would be our preference for doing that. COMMISSIONER SAUNDERS: Would there be room to have a school bus turnout in the front there? October 24, 2023 Page 89 MR. TREBILCOCK: In the front right here? I mean, the turn lane can be used, and they can be off the mainline roadway as far as that goes and folks could be picked up, and then from than point you could get back on the mainline roadway. But I think our first preference would be to allow them to be able to come into the property to make it a better spot for folks to congregate. Again, that's what my community does as well; at our activity center is where we pick up -- have the students' pickup, and that would be our preference, and we're gated as well. COMMISSIONER SAUNDERS: And I would like to ask just a couple questions on the water -- on the stormwater. MR. TREBILCOCK: Yes, sir. Thank you. COMMISSIONER SAUNDERS: Another issue that's been raised is the potential impact on the lakes and other water management infrastructure at the Island Walk area. Can you comment what the potential impacts would be, if any. MR. FRUTH: Yes, sir. Commissioners, for the record, Josh Fruth with Peninsula Engineering. So as we mentioned previously with CCPC, we're in the preliminary stages, but we would have to abide by all of Southwest Florida basis of review standards and guidelines. In a nutshell, that means that we would be self-containing our water management, abide by the Clean Water Act for quality and volume. This property is actually in the Green canal basin, which is outside of Island Walk's basin, which is the Harvey canal basin. So our water does not discharge towards Island Walk. It would be proposed to discharge down Cherry Wood, which goes to the Green canal. COMMISSIONER SAUNDERS: Then one other question, Mr. Yovanovich, dealing with management of the property. Thank you. That was really my question. October 24, 2023 Page 90 In terms of, what type of management will there be? Will there be on-site management? What's the plan? MR. YOVANOVICH: Yeah. I'm going to let -- I'm going to let Gregg talk about that and also how they address who can rent and live in their communities. MR. FUSARO: Thank you. Yes, we manage all of our own communities internally. So we have our own management team that's here 24/7, and we manage everything in our portfolio. COMMISSIONER SAUNDERS: Will there be someone living on site, or is that just -- when you say 24/7, what does that mean? MR. FUSARO: Well, it depends. We have communities where staff, some live on site and some do not. It just varies from one community to another. It generally works better for that staff person if they don't live there, because -- now, not that there's not a line to call for maintenance. We have maintenance techs that are on 24/7, but it's -- most of the time employees would choose not to live on the property just because they want to distance themselves a little bit when they're off duty. COMMISSIONER SAUNDERS: Thank you. That's all the questions I have right now, Mr. Chairman. I may have a few after the public comment. CHAIRMAN LoCASTRO: Okay. You know, what I would ask the commissioners, if you have a preliminary question right now -- we can always go back to the applicant. But one of my preferences -- I don't like splitting up public comment, hearing from five people and taking an hour break and then hearing from the other 45. So to best utilize our time -- and Commissioner McDaniel's lit up. But if any of the other commissioners have something, like I said, we can always go back to the applicant, and we can always go back to the citizens. October 24, 2023 Page 91 But, Commissioner McDaniel, sir, the floor is yours. COMMISSIONER McDANIEL: And I'll be quick. This is for Josh, if you would, please. Please explain the discharge statement that you made. Because you talked about the discharge going out onto Cherry Wood. Cherry Wood's already got an enormous issue with stormwater as it sits. Talk about the discharge itself. Because it was represented to me that the project was going to attain -- retain its own water. So how -- when you talk about discharge, you say "discharge," that's not -- that's not retaining your own water. MR. FRUTH: Yeah, so that's correct. Again, for the record, Josh Fruth. In a normal rain event, the property retains or detains, depending on the type of water management, what you would typically see in a commercial operation with depressions, green sodded areas. And as I say, in a normal rain event, that water would naturally perc into the ground. It would not discharge off the property. If there was a large rain event where we're attenuating large volumes of water, per the basin's review and guidelines, there's a certain discharge rate that we're allowed to let water leave the property, and that's all modeled and designed as we get into engineering. This general area is actually, for the most part, a pretty low discharge rate. The Cherry Wood canal area roadside swale has elevations that we would model with tailwater conditions to assist with designing it to not adversely impact the neighborhoods upstream or downstream, and that's all part of the basin's review that we have to go through when we get into our South Florida Water Management permitting. And if we don't abide by it, we won't get a permit. COMMISSIONER McDANIEL: So in oversimplified terms, the only time there is discharge is in an abnormal 25-, 100-year, October 24, 2023 Page 92 500-year storm event? MR. FRUTH: That's correct. Yes, sir. COMMISSIONER McDANIEL: Thank you. CHAIRMAN LoCASTRO: I just want to follow up on that. So what I'm hearing, when you say that a property would retain its own water because you have grass and everything would just get absorbed sort of naturally, are you doing anything construction-wise or from a design standpoint, retention pond? Some sort of something that does more than just grass absorbing water? Because, you know, we are concerned about runoff with any project. What are you doing construction-wise, if anything, to handle water movement other than just, well, we're going to plant a lot of grass and, during the normal rainstorm, you don't get run off because everything absorbs. Around here, I mean, I've got plenty of grass in my front yard, and during a minimal rainstorm, you know, my front yard is a lake, and I've got plenty of places in my district. Is there something you're doing as part of the design to improve, you know, or to prevent water runoff other than just, you know, hey, it's going to happen naturally during a normal rainstorm? Because sometimes it doesn't happen naturally. MR. FRUTH: Yeah. So the -- any discharge that does happen is controlled. So when we get into the full design, there will be certain elevations that are set, and we'll have a control berm around the property to allow -- to contain water from leaving the property except from that controlled location. Part of the design will likely include some sort of treatment train system which will assist with the -- as I mentioned, the Clean Water Act for pre versus post calculations on nutrients, and that part is exactly what you mentioned. There's probably a dry portion of the system and maybe a wet portion of the system, a lake, and the treatment train, it navigates through the system before it is allowed, if October 24, 2023 Page 93 it does have to discharge off the property, in that controlled spot, not just flooding every perimeter boundary. CHAIRMAN LoCASTRO: Okay. Any other commissioners have any questions or anything? COMMISSIONER HALL: I've got one. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Is there any tortoises, burrowing owls, eagles, anything like that on this 17 acres? MS. BOBKA: Hi. I'm Jennifer Bobka with Earth Tech Environmental, and we've done preliminary studies, a protected species survey looking for general listed species on the site as well as a tree cavity survey, a survey looking specifically for Florida bonneted bats, and at this point we've -- we've even inspected some tree cavities that we did find on the site. We haven't found any evidence of listed species, including gopher tortoise and/or burrowing owl. COMMISSIONER HALL: Great, thanks. CHAIRMAN LoCASTRO: Okay. What do you all -- what's your recommendation? We normally would break at 12:30. I mean, we could -- how many comments do we have? MR. MILLER: Mr. Chair, we have 65. That's three hours and 15 minutes of comments. CHAIRMAN LoCASTRO: All right. COMMISSIONER McDANIEL: Do we want to have -- do we want to have a report from staff before we take -- CHAIRMAN LoCASTRO: Well, that's what we could -- yeah, we could call staff forward. One of the things I'll just tell citizens -- so we have a large amount of public comment, and that's great. That's what, you know, we're -- that's perfectly within your right. The only suggestion that I say -- and this isn't direction. It's suggestion, especially if you've October 24, 2023 Page 94 never been in here and made public comment before. One of the things that we ask is that it can be much more advantageous if you yield -- if some people yield their time to one person. So instead of 60 people coming up here and only having three minutes to say why they hate the project, one person getting their time yielded from, say, six people could get a person to come up here who is maybe -- knows more about the project, is very eloquent, and they're not playing beat the clock with three minutes. They have 16 minutes, 18 minutes, 20 minutes because people have yielded their time. So that might be something you want to talk about, especially if we break for lunch. If 65 people all come up here and get three minutes apiece, that's exactly how the process works but, also, too, there can be an advantage that if you team up and give one person your time -- also, if you hear somebody say exactly what you were going to say and you're the next speaker, you can raise your time [sic] and say "I yield my time. I have nothing else to add." We're not advocating that, not suggesting it or being directive. Just trying to explain how the process works here so that you can get the best bang for your buck and we can really hear the strength of the argument, and sometimes there's better ways to do that so that we can hear the bulk of your rebuttal, in most cases, to this case. But, Commissioner McDaniel, is there somebody specific you wanted to call up from the county staff or -- COMMISSIONER McDANIEL: Mr. Bosi. CHAIRMAN LoCASTRO: Yeah, absolutely. COMMISSIONER McDANIEL: Mr. Bosi's right there. He's the walking expert. MR. BOSI: Mike Bosi, Planning and Zoning director. Good afternoon. As indicated within the executive summary for both of the petitions, staff has reviewed with the supporting various October 24, 2023 Page 95 subject-matter experts. We are recommending approval upon the Growth Management Plan amendment as well as the PUD amendment. One of the things that I wanted to point out -- and this relates to, first, the Growth Management Plan amendment. During the Planning Commission -- and I'm sorry, the Planning Commission did recommend approval at 4-1 of the proposal. During the Planning Commission, there was a lot of testimony that was stated that this was inconsistent with the Growth Management Plan or the Golden Gate Area Master Plan, the Urban Estates sub-element, and I don't disagree with that. What I want to point out with you is within our Growth Management Plan, there is a various -- there's 11 elements. Not every one of those elements complements each other. What I put up on the visualizer is from your Future Land Use Element. There's underlying concepts. These are even above your goals, our objectives, or policies. These are the things that drive those goals, objectives, and policies. Protection of natural resources, coordination of land use and public facilities, management of coastal development, provision of adequate and affordable housing. That's a provision that is underlying the concept within our GMP. Within our Economic Element, there is a policy that says in response to the current and projected needs of its residents, the county will encourage a diverse mix of housing types, sizes, prices, and rents. There's a Housing Element that says the first goal is to create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County. Within the Urban -- the Urban Estates sub-element, the goal is to preserve the rural character as defined by large wooded lots, the keeping of livestock, the ability to October 24, 2023 Page 96 grow crops, wildlife activity, environmental stewardship, low-density residential development, and limitations on commercial and conditional uses. I put all this up there to basically point out that within our Growth Management Plan, within our elements within our Growth Management Plan, there's a number of priorities. Those priorities don't always complement each other. There's always an evaluation that is made by the decision-makers, by staff and ultimately by the Planning Commission and ultimately the Board of County Commissioners, when you're arriving upon your decisions how much weight you put within those individual -- within those individual goals, objectives, policies, or concepts that are contained within our GMP. I explain -- a good explanation is, within our Rural Lands Stewardship program that deals with the eastern lands, when we were told that we were out of compliance with the Florida Statutes, we were told to evaluate environmental protection, agricultural protection, and property right protection. Well, they don't always complement each other, and sometimes they can be in competition with each other. So everything's an evaluation. Everything's a scale. There are no binary questions and decisions within land use. There's a number of systems that make up the overall land use and activities that are within the county. So when we evaluate their proposal against the Golden Gate Area Master Plan and the Urban Estates sub-element, it's not complementary to a portion of it, but there's other portions of our Growth Management Plan that are concepts, that are goals, that are objectives, that are policies that the proposal does complement. And from that perspective, without -- without the further input of the overwhelming need for additional affordable housing, the October 24, 2023 Page 97 Growth Management Plan's staff recommended approval, and the Planning Commission agreed with it. So then we come down to the -- to the PUD. And I was going to show the master plan to show the context of this site in comparison to the surrounding property owners, and I think the applicant did a pretty good job of explaining all of those functionalities. And one of the main considerations was how this property sits, how it sits next to a six-lane divided urban highway, how it is across the street from urban development. It's within the urban area; that it sits to the east of a non-residential land use. That coupled with the buffering and the enhanced -- or the preserves and the enhanced buffering to the west and to the south to really isolate this project from the existing neighborhood. Not only that, the commitment to fence the interior towards the property side is where the fence goes where -- towards where your buffer -- your preserve and your buffer is to further isolate the interactivity with this project to the -- to Cherry Wood to the south. The intensity of this project is solely focused on Vanderbilt Beach Drive [sic], a six-lane divided highway that will absorb 110 p.m. peak-hour trips relatively easily. Staff's perspective, and a final -- a final recognition was the type of multifamily structure that's being proposed. We thought it was considerate and complementary to the Estates property that does sit to the west, not a three- or four-story -- not a three- or four-story structure that our traditional multifamily apartments are arranged, but more in a residential, more single-family type of a feel. And one of the things that I would -- I would point out -- and it's very -- it's related to how I feel that the intensity of this project is focused solely upon Vanderbilt Beach Drive. If you notice any of the -- or the Estates lots that sit to the west of this project, they don't have -- their driveways don't sit to Vanderbilt Beach Drive. They sit October 24, 2023 Page 98 to Cherry Wood Drive. That isolates that neighborhood to Cherry Wood Drive. The orientation, the focus of this project with the access point on Vanderbilt Drive, with the interior fencing that would prevent interaction with the neighborhood to the west and to south, with the additional buffers, with the preservation, we thought all of those factors were beneficial to protecting the integrity of the existing neighborhood. And because of that, because of all those factors, staff recommended -- was recommending an approval to the Planning Commission which the Planning Commission agreed. With that, I'd like to answer any questions that you may have related to staff's review. COMMISSIONER McDANIEL: I have a question for you and maybe Trinity and/or -- I think I'll go to -- we're on staff communication, so I might -- in regard to the buffering, talk to me a little bit, because one of the things that I've learned is there is an underlying use here of -- that can come before us or not before us. It doesn't even come before us if a charter school were to come to this particular site. It's big enough to manage a charter school. What would be the setback requirements and buffer requirements and management of traffic if a use like that came forward? MR. BOSI: The buffering requirements for a nonresidential land use next to the Estates, because it is an ag zoning district, would not receive the benefit of the wall that your traditional RSF-1 through 6 would receive. So I think it would be a traditional buffer of a B buffer with a setback. The setbacks would be what the Estates zoning district is, 75 feet from the front, 75 feet in the back, and I believe the side-yard setback within the Estates zoning district is 30 feet. So those traditional setbacks would still apply. So it would -- as you've -- I think it was stated, there would be no requirement for a public hearing. It would definitely be, you October 24, 2023 Page 99 know, a "straight to Site Development Plan" process. And all the -- all the code requirements would kick in in that regard. The requirement for where the access points -- I'm not sure where transportation would fall upon that, whether they would require a transportation access point on Cherry Wood. I'm not sure about that. Maybe we'll turn to Trinity for that. COMMISSIONER McDANIEL: Trinity's right behind you. Just before she comes, what are the existing buffers on this development in comparison to what requisites already exist within the Estates zoning? This -- it was represented that this development has enhanced buffering, wider setbacks, larger preserves. That was the comparison that I was looking for. MR. BOSI: Yeah. Well, the native preserve requirement of 50 feet and then an additional 20 feet restriction for where parking would be, it's that 75-foot essential buffer, that's what they are providing, but they are actually offering an enhanced buffer with fencing and some cultivated landscaping as well in terms of native preserve. So it is an additional buffer than what would have been provided for if this was developed as an additional -- or another permitted use such as a school. COMMISSIONER McDANIEL: I think our buffering expert's lining up behind Trinity. Do you want to bring her up first, and then we'll go to the traffic thing, if you don't mind. And she got the memo today. COMMISSIONER HALL: Do we need a rock crusher? MS. COOK: Whenever you're ready, sir. Jaime Cook, your Development Review director. So this -- if this came in as a school or some other commercial use, they would only be required to have a Type B, 15-foot-wide buffer on the east and west boundaries. COMMISSIONER McDANIEL: How about the south? October 24, 2023 Page 100 MS. COOK: The south they would be required to put a 10-foot Type D buffer, which is a row of hedges and -- I'm sorry -- two rows of hedges and a row of trees. So only 10 feet wide, though. So they are widening the buffer, and it will be more dense with more vegetation all the way around the property. COMMISSIONER McDANIEL: Thank you. MS. COOK: You're welcome. COMMISSIONER McDANIEL: Ms. Trinity. She thought she was going to get a pass. CHAIRMAN LoCASTRO: Are you going to ask her about traffic? COMMISSIONER McDANIEL: I am. CHAIRMAN LoCASTRO: Yeah, okay. COMMISSIONER McDANIEL: Two questions is -- first of all -- you know, there again, I'm going to use the charter school proposition as a comparison. If a charter school came to utilize this piece of property, would you have any say-so in their access points to and fro? MS. SCOTT: I personally would not. It actually would go through Jaime Cook's division, so -- but she would certainly be working with us over in Transportation to look at that, and we would evaluate it based on when they came forward with the amount of traffic that they would anticipate, looking at being able to queue parents. I mean, we all know that parents, typically, for charter schools, are a lot parent dropoff and pickup. COMMISSIONER McDANIEL: Virtually all of them. They don't have bus service. MS. SCOTT: Yes. COMMISSIONER McDANIEL: Do you have an estimation as to the trips generated for a typical charter school? There's two out on Immokalee Road right now. October 24, 2023 Page 101 MS. SCOTT: I don't off the top of my head, but after lunch I could certainly have it for you. COMMISSIONER McDANIEL: Okay. I'd like to have that information at some stage. Ms. Jaime, do you want to add to it? CHAIRMAN LoCASTRO: I mean, the chances are that number's going to be more than what this apartment complex would generate, correct, the school? MS. SCOTT: Yes. Yes, sir. CHAIRMAN LoCASTRO: A bigger number. COMMISSIONER McDANIEL: Those two schools that are out on Immokalee Road right now are K through 12 with 800 to 1,000 kids. CHAIRMAN LoCASTRO: Yep. COMMISSIONER McDANIEL: Jaime Cook, do you have an answer on the access points for me? Are you -- do you get -- do you get a say-so on the access points when the school comes in? Because, again, they're deemed an essential service, and they have -- they have, virtually, carte blanche as far as I understand. MS. COOK: You are correct. They would come in with an operational TIS which staff would evaluate in conjunction with Trinity's staff. Access points and any road improvements would be determined at the Site Development Plan and would be required to be complete before they can do their on-site construction, but there could be impacts to Cherry Wood as well as Vanderbilt Beach Road. COMMISSIONER McDANIEL: Right. And are you allowed to -- do you have as much flexibility and requisites for management of the increase in traffic? When a charter school comes in, do you have the capacity such as what the developer's proposing to do turn lanes and to do U-turns and so ons and so forth? MS. COOK: Correct. If there needed to be -- if they would be October 24, 2023 Page 102 required by the TIS, then they would have to be done. COMMISSIONER McDANIEL: So it's triggered by the TIS? MS. COOK: Correct. COMMISSIONER McDANIEL: Okay. That's all my questions. CHAIRMAN LoCASTRO: Commissioner Saunders, and then Commissioner Kowal. COMMISSIONER SAUNDERS: Just a couple quick questions for Mr. Bosi. What other types of uses could that property be put to that would not require a public hearing in front of this Commission? You mentioned charter schools. What else? MR. BOSI: Essential -- the essential services that are dictated in 201 of the Land -- of the Land Development Code. COMMISSIONER SAUNDERS: If you could tell me what those are. After lunch is fine, too. MR. BOSI: Okay. I will have to review those. I don't have them committed to memory. COMMISSIONER SAUNDERS: All right. COMMISSIONER HALL: Come on, Mike. CHAIRMAN LoCASTRO: But it's quite a few things. That land could hold all kinds of things and a lot of things that wouldn't put us in a meeting like this. MR. BOSI: The permit uses are pretty limited. You have single-family homes, you have essential services, you have public schools, group care facilities. I just don't know of all the essential services that could be placed there by a matter of right. COMMISSIONER SAUNDERS: If you could provide us that information -- MR. BOSI: Yes. COMMISSIONER SAUNDERS: -- after lunch. October 24, 2023 Page 103 CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. My question's for Transportation again, if you guys don't mind. While you're walking up, I guess I'll ask. When the applicant brought their study for traffic to the staff -- and I know, you know, the numbers that were brought and things that were said to alleviate with the turn lanes, the deceleration lanes, U-turns. Is there any safeguards for when we do eventually open Vanderbilt Beach Road open up to 16th to regulate or revisit? Because we don't really know -- or do we have an idea or formula that says what we're expecting the traffic to increase when that does open eventually? And is there any safeguards that the applicant or anybody to -- in the future if that does impact us? MS. SCOTT: So it would not -- for the record, Trinity Scott, department head, Transportation Management Services. We would not go back to the applicant after they've already built and said, hey -- say, hey, you have to do all of these new improvements, but what we are planning on doing, number one, the intersection at Vanderbilt Beach Road and Logan Boulevard, we had a project in last fiscal year's capital improvement program that we put out to bid -- unfortunately, it came in much higher -- to improve the intersection at Logan Boulevard in anticipation of that. So we are currently reevaluating those bids and determining whether or not we're going to award. We have to try to find the delta between that bid and what we had budgeted. In addition, we also have a planning study programmed within our five-year program once Vanderbilt Beach Road extension opens and that traffic normalizes where we will be looking at the intersections from Airport all the way down to Livingston Road to evaluate those and determine if we have operational challenges so that we can help that traffic flow better. October 24, 2023 Page 104 But from the mainline capacity, there is sufficient capacity to accept additional traffic, but we would look at those operational improvements at the intersections. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Before you go, they suggested that a trip cap was part of their development criterium. Who manages the cap? What happens when it's tipped? MS. SCOTT: It doesn't get tipped, so -- it doesn't get tipped on paper. So what happens when a development comes in for their Site Development Plan or their plats and plans, they do a new Traffic Impact Statement based on the new ITE Trip Generation Manual, and that becomes a running total with the development. So if they come in and they only do 100 units in their first Site Development Plan, we mark down how many of those trips that they have absorbed. When they come in for their next submittal, if they decide to phase the project, if the ITE Trip Generation Manual changes and the type of use that they are anticipating, if those trips per unit go higher, they may not be able to realize the full development potential of the property. They may have to take a unit or two off. COMMISSIONER McDANIEL: So by their representation of a trip cap of 110, if my brain serves me correctly, then between whenever -- if this project moves forward, if there was a change in that ITE, I think you called it -- MS. SCOTT: Uh-huh. COMMISSIONER McDANIEL: -- indicated that they would exceed that, then they would have to reduce the amount of units that they could, in fact, construct? MS. SCOTT: Correct. COMMISSIONER McDANIEL: No further questions. CHAIRMAN LoCASTRO: Okay. I'm going to propose that October 24, 2023 Page 105 we take a lunch break and come back at 1:30, and then we can hear from the public comment without any breaks at all. How many do we have registered right now, Mr. Miller? MR. MILLER: Sixty-five, and there are quite a few that are grouped together, ceded time. CHAIRMAN LoCASTRO: Okay. We will return at 1:30. (A luncheon recess was had from 12:30 p.m. to 1:30 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. We've still got a big crowd in here. All right. Ooh, Trinity Scott at the podium. You must have something to tell us. MS. SCOTT: Yes. Thank you, Commissioners. Prior to the break, you asked about charter school and approximately what the trip generation was on that, and I said I would look it up during the break. So we pulled the Naples Classical Academy, which is the most recent charter school that we've permitted here in town, and for their p.m. peak-hour two-way direction, for 1,000 students, and they also have 250 additional students that they anticipate would be bussed, it was 604 p.m. peak-hour trips. COMMISSIONER McDANIEL: Okay. Thank you. CHAIRMAN LoCASTRO: Okay. Mr. Miller, I think it's over to you to start the public comment. MR. MILLER: All right, Commissioner. Ladies and gentlemen, we'll be calling a couple of names at a time. I'm going to ask you to please queue up at both podiums. Your first speaker is Peter -- I have this as Rady-Pentek, and he'll be followed by Dan Klein. I hope I got that first name close, sir. MR. RADY-PENTEK: Yeah, the first name was good. October 24, 2023 Page 106 MR. MILLER: One out of three ain't bad. Go ahead, sir. MR. RADY-PENTEK: Okay. Thank you. Thank you for handing over the collage. The collage there is an example of the traffic -- MR. MILLER: Sir, can I get you to state your name real quick on the record. MR. RADY-PENTEK: Yes, okay. My name is Peter Rady-Pentek. I'm a resident of Island Walk. And before I was going to talk, I was just going to mention that I did hand out a collage to the commissioners regarding the traffic at 8 a.m. at Island Walk and Vanderbilt every business day. So just to give you an idea of what we go through every day, what I see every day. So in any case, dear Board of County Commissioners, my name is Peter Rady-Pentek, and I moved to Island Walk HOA in Naples in June of 2023. I love Naples and Collier County and hope to spend the rest of my life here. I've been told that there will be apartment developments just south of Island Walk and west of Palm Royale Cemetery. This development has many members of our community worried and may alter the beauty of our neighborhood. I will list my concerns. The traffic on Vanderbilt in the morning and the afternoon rush hour is congested, and it's getting worse. New developments may make the situation difficult for the current residents and lead to other issues such as accidents, road rage, which I've seen, et cetera. The left turn into Island Walk will be even more difficult. The second reason: Vanderbilt is a beautiful stretch of road that, in my opinion, is much nicer than Immokalee, so I'm sorry if anyone lives on Immokalee, but... The new developments will replace green space with unwanted apartments, and I mean unwanted. I've yet to find a person who October 24, 2023 Page 107 wants this. In addition, we will be -- we will upset the environment such as wildlife and water supply. Number 3, and this is a little bit delicate, but this is a personal experience of mine. My family moved to Naples from a once-beautiful community of Ahwatukee, which is a suburb of Phoenix, Arizona. In a short period of time, five to 10 years, we saw Ahwatukee go from the idyllic middle-class neighborhood, once rated as a top 10 community in the United States, to a community filled with traffic, drugs, and crime. I should also add a shooting. It is the opinion of many that the changes to the neighborhood stem directly from the government's housing policies. There were no winners as lower income families now live in an identical situation as they were before. Since we moved to Naples in June, we have had friends leave Ahwatukee for Venice and St. Augustine, Florida, which I can't blame them. This is a beautiful state. I love Naples. Pardon me. Let me get to the next page here. I love Naples. This is a great city. It is my feeling that perhaps some of the Board of Commissioners members may have fled their old neighborhoods because of traffic, crime, drugs, et cetera. It's just a theory. Please help keep our neighborhood the amazing community that it is now. So just to summarize that in my personal view, if you want to keep Naples green, if you want to keep it un-congested, if you want to keep it safe, please cancel this project across from our HOA. Thank you very much. MR. MILLER: Your next speaker is Dan Klein. He'll be followed by Joseph Gartland. MR. KLEIN: Am I ready? MR. MILLER: Yes, sir. October 24, 2023 Page 108 MR. KLEIN: All right. My name's Dan Klein from Collier County. I've been here for 48 years. I love this county, as I'm sure you all do too, and that's why you chose to take the position that you're in. And I feel like you have a very important decision to make, but I'd like to ask you all to please use common sense. We've heard for the last couple hours an orchestration by paid-for hands of facts, which I don't think there were very many facts, and I think -- I think it's your duty for all of us to fact check the stuff that was brought to us by an attorney that's being paid for by the developer. I find it interesting that that's the information we use, and it leans towards the developer and his -- what he's trying to accomplish. We know that we're going to have development in Collier County; there's no doubt about it. I'm a builder myself. I realize it. It's part of what happens. We are growing, and we're growing fast. So with that I ask you this: You are changing the Growth Management Plan if you approve this. I feel like that's a knee-jerk reaction. I think that you need to base this on a lot of consideration and thought between yourselves, not for the purposes of an investor. All the time that they were up here today I heard about how it's going to cost them this. It's going to cost them that. How about how much money are they going to make? There's going to be a lot of money being made, and I guarantee you that within the first year of this project being completed it will be sold, and he'll make even more money. Let's be wise. Let's not make decisions based on a corner of someone telling you what they want. Base it off of facts. We are in a great county. Let's keep it a great county. And I also want to remind you that based on the slide show that we saw and the orchestration of theatrical work, that the lowest-income rent is based off of $50,000 for a 600-square-foot unit. October 24, 2023 Page 109 You have to make 50 grand to live in one of their smallest units. That's all I have to say. I oppose this. Thank you. MR. MILLER: Your next speaker is Joseph Gartland, and he'll be followed by Jeff Bronsdon. Mr. Gartland has been ceded additional time from Linda Gartland. Could you raise your hand, please. (Raises hand.) MR. MILLER: Thank you. And also by Walter Migrala. (Raises hand.) MR. MILLER: He will have a total of nine minutes. Sir. MR. GARTLAND: May I start? MR. MILLER: Yes, sir. MR. GARTLAND: Okay. I want to thank the commissioners for the opportunity to speak today. My name is Joseph Gartland, and I am an Island Walk resident. And the first thing I -- I don't have any PowerPoint presentation, but I do have some paper I'd like to pull up before you. The first is a map from the Transportation Management Services of Collier County. I obviously live on the corner here of Vanderbilt Beach Road and Logan Boulevard, and I also experience the difficulty of making the left turn into the community. If I -- if I drive further up Vanderbilt Beach Road to go to the Winn-Dixie, it's almost impossible. In fact, dare I say it's impossible to turn in there under the traffic conditions during rush hour, okay. And when this extension is completed, there's going to be three lanes in each direction that goes all the way to Wilson road, and that's going to further complicate things. So the tact that I'd like to take today is about traffic and about safety. And I have a copy of the Traffic Impact Statement that was October 24, 2023 Page 110 submitted to the Board of Commissioners by, dare I say, the opposition, okay. And in this statement, I'd like to point out a few designations. The first is the daily two-way traffic volume is going to be 1,409 cars or vehicles; that's in and out. Now, all the traffic will be on the other side of the road because there is only a right-handed entrance and a right-handed exit. So all this traffic will go east, and that's also listed in the document. The project poses a right-in, right-out connection onto eastbound Vanderbilt Beach Road. Now, dare I say three hospitals are in the other direction. The beaches are in the other direction. Most municipal services are in the other direction. So is Walmart and so is Target. So most people leaving this development, in my opinion, will be going in the other direction, so they'll have to make a left-hand turn on a very busy road. I also found it very interesting that one of the conclusions of this document is found on Page 9, and it says, based on these criteria, this project impact is significant on the portion of Vanderbilt Beach Road between Island Walk Boulevard and the project access. Guess who lives in that area? The people who live in the 1,856 homes in Island Walk. Already, we're having trouble. You saw the collage that was sent around of evidence of difficulty getting out during rush hour, especially. What's going to happen when -- if this is passed? Well, we know from the Traffic Impact Statement that was presented by the gentlemen and ladies behind me that this project impact is significant on the portion of Vanderbilt Beach Road between Island Walk Boulevard and the project areas, so we will be impacted by this. Also, not to be forgotten, Vanderbilt Beach Road is a major access road during evacuations. So with the extension from Vanderbilt Beach Road with all the residents from this new proposed October 24, 2023 Page 111 development trying to get over left to go in the correct direction, and also listed in this plan on Page 9, it indicates that there is a proposed exchange that will be put on Route 75 going north on and off. Now, do you think that's going to eliminate traffic? I don't -- I don't think so. I think we're stirring the pot by adding more difficulty. And by the way, I compliment you; at least I believe three of the members of the Board of Commissioners helped to craft this 2045 plan. It's pretty impressive. But what impressed me the most are the goals that are listed on here on this Long-Range Transportation Plan. And one is to improve or maintain critical evacuation routes. So that kind of goes against what we just talked about. Another -- that was Goal No. 1. Goal No. 2 is to reduce roadway congestion. With all the references to accidents and with all this additional traffic, I don't think this is going to work very well. It clearly states here, as a bullet point, to improve existing deficient facility or to improve [sic] a new neighborhood facility intended to relieve an existing -- existent deficient facility. What that is it legalize -- in legalese -- I'll translate that for you. We're having trouble getting out of our place now. We have one major entrance and exit that's metered with a gatehouse, and according to this plan that was submitted, we're going to have more trouble when that occurs. Another goal is to increase the safety of the transportation system for users. Well, we currently have an EMT facility on the corner of Logan and Vanderbilt, and it's my understanding there is a plan to put a firehouse on the corner -- on the other corner, on the western corner of that, right next to the Vineyards. So I can't see that this project will enhance the safety of the transportation users, especially in light of the fact -- how are these people going to get across the road and into a community like Island Walk? So in closing, I do think that safety and traffic are severely October 24, 2023 Page 112 impacted by this project, in addition to other projects, but specifically on this project, and I agree with the people that crafted this Traffic Impact Statement for Collier County. And I'll just finish one more time with their conclusion: The Collier -- that based on these criteria, this project's impact is significant on the portion of Vanderbilt Beach Road between Island Walk Boulevard and the project access. I say no more. Thank you. MR. MILLER: Your next speaker is Jeff Bronsdon. He'll be followed by LouAnne Fisher. CHAIRMAN LoCASTRO: Let's try to just keep the applause to a minimum so we can keep it moving. Go ahead, sir. MR. BRONSDON: Jeff Bronsdon here. MR. MILLER: Sir, can you pull the mic down; speak into that. MR. BRONSDON: Jeff Brondson here. I'm a 26-year homeowner of Cherry Wood Drive. Specifically, I'm right across on the -- I live right across from the property they want to develop. It's a Cherry Wood Drive address. It's on Cherry Wood Drive. I oppose this complex, this whole thing. I see in the presentation, actually, the Objective 3.2, the Golden Gate Estates Master Plan, Urban Golden Gate's sub-element, rural character shall be further protected by resisting site-specific master plan changes that are out of scale or character with the rural quality of Urban Golden Gate Estates. The actual height of this complex, I read on the PowerPoint, is 45 feet. That's a little bit more than what they said the height would be, because they add things on top of the roof. The majority of the houses on Cherry Wood Drive are about 14-foot. They're single-story houses, single-family homes. There's a couple of -- several two-story houses. Average height is 28 feet. That's October 24, 2023 Page 113 almost -- this complex is going to be almost twice as high as the existing homes on Cherry Wood Drive with no buffer. The petitioner has presented a number of area comparisons in their PowerPoint presentation. All the comparisons were commercial use, areas bordering Golden Gate Estates zoning. They wish to build a 208-unit apartment complex which is classified commercial multifamily use. There's a significant difference between the two types of occupancies with these developments. Commercial use is for business with set times of business operating hours, 7 a.m. to 6 p.m., around and about. Commercial multifamily development is a 24-hour, seven-day-a-week operation with 208 households using that, coming and going, going about their daily business, and, you know, having life -- enjoying life. They've already said they won't necessarily have a property manager on site because they don't want to live in that kind of -- they don't want to live where they work. So they are asking me to live where their residents live. That's, like, three, four times the size of what's on Cherry Wood Drive right now. I didn't see any realistic or effective plans to shield Cherry Wood Drive residents from the significant negative impacts related to construction activities, post construction, maintenance activities, and the overwhelming presence of over 200 additional households that will be located less than 80 feet from Cherry Wood Drive with approximately 800 feet of road frontage on Cherry Wood Drive. It's a narrow unlit street with no sidewalks, which could very easily be overwhelmed with playing children, pedestrians, individuals walking their dogs and not picking up after them. I was a kid once. I know how to jump fences. I know how to get around landscape barriers. You know, it's no big trick. There's nothing there to keep our peace and quiet, our quality of life. October 24, 2023 Page 114 And just as an example of what kind of a neighbor the petitioner's going to be, their NIM -- their neighborhood information meeting was held on November 16th, 2022, brought numerous objections to -- from the community about the whole project. The location was endorsed by Michael Bosi, director of Planning and Development, Collier County. The meeting was attempted as planned at the venue endorsed by Michael Bosi, but the meeting was held outside in the dark with no lighting at the meeting, no seating, and no restrooms. So what kind of meeting was that? They disregarded any public safety, the darkened parking lot. People had to leave -- come and go in there -- CHAIRMAN LoCASTRO: Thank you, sir. MR. BRONSDON: Just -- that's the kind of neighbor they're going to be. MR. MILLER: Your next speaker is LouAnne Fisher. She'll be followed by Ann Galino. UNIDENTIFIED SPEAKER: She's not here. MR. MILLER: All right. It looks like LouAnne is not here. Ann Galino will then be followed by Scott Sherman. MS. GALINO: Good afternoon, everybody. Thanks for the opportunity to speak to you today. My name is Ann Galino, and I live in Island Walk. I am opposed to the Ascend project to be built across from our community. Others will present data on statistics, traffic patterns, and the congestion on Vanderbilt Beach during a.m. and p.m. commutes. Car accidents will increase outside our front gate, as they have over the past seven years that I've been living there. There are new housing units being built at Portofino next door, Vanderbilt Reserve behind us, and Sonoma Oaks next to Raffia Preserve. The rezoning of the Ascend project is against the two-acre October 24, 2023 Page 115 zoning of the Estate residents on Cherry Wood Drive. What assurances do we have that seven or eight people would not share a one-bedroom rental? We elect and vote for commissioners who are like-minded to their constituency. We are voters, your constituents. Please vote no with your voters and not the developer. We have a safe and secure community in Island Walk. Let's keep it that way. I would just like to offer a few more comments, since I've been sitting here since 9:00 this morning and listening to the presentation from the Ascend people. This morning, I got up early and was at the front gate at a quarter to 8:00 in order to come down here for the 9:00 meeting. Unusually, I was the only person at the front gate this morning. Usually there's a whole host of people either going to work -- I'm retired, and the traffic is always miserable between 7:30 and 9:00 in the morning. So I am the only car at the front gate, and the light changes from green to red. And the traffic coming from Winn-Dixie down towards Logan, they don't pay attention to the red light outside the community. They just continue to come, so now everybody is blocking my exit to make a right-hand turn to leave. So I sit and I wait for the light to turn again, and the same thing happened. The light turns red, and nobody gives me egress to get into the lane to make the turn. So it took me 45 minutes to make this almost 10-mile drive down here. I think there was a lot given about buffers this and buffers that, and I think sometimes perception is not reality. And I think in hearing that all of the traffic will be making a right-hand turn into Ascend and when leaving Ascend will be making a right-hand turn to come out, I can't imagine a bus coming out of Ascend at 8:00 in the October 24, 2023 Page 116 morning and trying to make a U-turn to come back west on Vanderbilt Beach -- CHAIRMAN LoCASTRO: Thank you, ma'am. MS. GALINO: -- the traffic. Thank you. MR. MILLER: Your next speaker is Scott Sherman. He will be followed by Beth Sherman. MR. SHERMAN: Good afternoon, Commissioners. My name is Scott Sherman, for the record. I live near these proposed apartments. When I bought in Logan Woods, the Growth Management Plan said this area would not have more than one house every two-and-a-half acres. So I bought in this neighborhood thinking I had a social contract with this county that this language protected from commercial development and high-density housing. These are rural estates, and they should remain so. I saw at the last meeting that you guys had another property that a commercial developer bought and was trying to turn it into a mini-storage. You guys postponed that. What I don't understand is why can't you just say no to these guys that come in, buy residential property, and then ask for a rezone? It seems like that's cheating a little bit. Because if you go out and buy commercial property, it's a lot more expensive than the residential property. Okay. As citizens, can we expect every residential property on a major thoroughfare now to be converted to mini-malls and mini-storages, things like that? As other developers will see, these guys got the green light. They said, oh -- you know, they said it wouldn't happen, but you know it will. The county does need more affordable housing, but the people that I know that live in the demographic -- that are in the demographic that they're saying don't want to live in a small apartment. They want homes. And the affordable housing in October 24, 2023 Page 117 Collier County, in reality, is the Estates. I mean, some would argue it may not be affordable, but that's where most of the police officers and nurses and people that actually own in this county live now. This gentleman right here said there our numbers were misinformation, but we're using the numbers that they gave us at the last Planning Commission. So I would say that he swore an oath to tell the truth, and now I've got numbers that they've changed, so I don't know if I'm telling the truth or not. So that's my misinformation is this guy has changed the numbers and calling me misinformation. Also, the parcels he referenced on Immokalee are churches, office buildings, and fire stations that -- where he put up and said, oh, this section of Oakes is now commercial, but it's things we were talking about earlier where you're not going to have people at midnight blasting loud music and revving up car engines and things that happen in apartments. I lived in apartments when I first moved here. That's what happens. So that's not a fair comparison. In our neighborhood, we see panther, bears, bobcat, tortoises along with numerous reptiles, amphibians, birds. The cacophony of frogs, birds, and insects at dusk is like God's symphony, but overdevelopment disrupts that. Let me share with you this example to support my claim. About two years ago when we bought in Logan Woods, we had a mating pair of burrowing owls in our backyard, beautiful. About two years. They're awesome. If you've never heard the sound a burrowing owl makes, it's crazy amazing. A little creepy, actually, if it's at night. But, anyway, so my neighbor on one side had to -- he wanted to permit a building, and he -- the county requires him to take out invasive species. So he had tree landscapers come in, and they wanted thousands of dollars, but this one guy says, hey, I'll do it for October 24, 2023 Page 118 1,800 bucks. I'll come in and just grind it all down. So he brings this machine and grinds the whole thing down, basically clearcuts his whole backyard. I haven't seen a burrowing owl since. Please vote no against this. MR. MILLER: Your next speaker is Beth Sherman. She'll be followed by Melody Klein. Ms. Sherman has been ceded additional time from -- and, Beth, I didn't get which one of these left, so let me call them. Marge Heinzel? (Raises hand.) MR. MILLER: She is here. Nancy Bartenstein? (No response.) MR. MILLER: She's the one that's left. Suzy Garry? (Raises hand.) MR. MILLER: Kevin Garry? (Raises hand.) MR. MILLER: So Beth will have a total of 12 minutes. MS. SHERMAN: I certainly hope I don't need it. Good afternoon. I am a resident of Logan Woods, and I am personally affected by this decision on whether to change the GMP. Logan Woods residents have been going through the legal process that the county sets up to hear the voice of the people over the past few years. What I have learned during that process is that the process does technically hear the people. Legally speaking, that is. The problem is, they hear us and all the valid concerns, and then they side with development. Growth at any cost is costing Collier County residents. The quality of life in Collier is declining as the development and the need to increase profits rise. Collier County Government is a corporation October 24, 2023 Page 119 and doing things for profit, not for the people who live here. One thing that has become abundantly clear to me during this process is that this county has a real problem. Collier government employs call it the cookbook. As long as all the boxes are checked, and it follows the county's well-played-out plans, it passes through, regardless of the concern for citizens or any of our wildlife. I keep hearing the same phrase, "We can't stop growth." And, you know, maybe you're right, but that certainly doesn't need to push it forward at warp speed. I use that term because I believe we are starting to see the consequences of how warp speed works. Every two weeks, you-all meet in this room, and the agenda packets are 2,000-plus pages every two weeks. There's absolutely no way that you guys can read and research 2,000-plus pages, nor is it even possible for citizens like myself to do that. But that is what growth at any cost takes. It also has another name. Agenda 2030. It is the plan for sustainable development run by the United Nations, but you already know that. My questions are: Why did the county staff and the Planning Commission green light this with all of the valid concerns residents have brought up, especially when the previous developer in the same location withdrew due to the public outrage? People don't want the GMP changed. They want it kept residential, as they were promised when they built there. It's a slice of heaven that the county should protect. Why does anyone think a developer can buy residential land with the hope of getting a rezone to commercial? What is the point of the Growth Management Plan if it's always changed to fit the needs of the corporation and not the people? Several of you commissioners say that the UN Agenda 2030 goals are not being played out in a nefarious manner locally. Yes, they are. This is the perfect example. Plus, it's being done with a social justice issue: October 24, 2023 Page 120 Affordable housing. Does anyone even raise an eyebrow when they find out that affordable housing is actually 600 square feet? Which I'd like to point out that gentleman, when he first presented today, he said 550 square feet. The slide said 600 feet. When I attended the Planning Commission meeting, it was 400 square feet. The cost of the apartment at that point for 400 square feet was $1,700 which, again, was changed in here. So I'm not sure how they can present one thing there and then one thing here and nobody has an issue with it. I'd like to see rock solid numbers on what actually is going to be done with it. And are we proposing that families actually live in 600 square feet now? Is that what we're settling for in this community to solve affordable housing issues? As far as environmental concerns go, are we going to clear-cut every nature preserve in town where residents actually live and then use the county tax money to purchase and protect land that residents can't build on? Because that's what's happening, yet the county keeps the right to build commercially on it; residents just can't build on it. That's Agenda 2030. They call it smart growth. They call it sustainable. What it is is criminal. Vanderbilt Road [sic] is a total nightmare for traffic. I don't think anyone can deny that. The county's long-term transportation plan seems to be lacking. Do you think that adding a right turn to cut across three lanes of traffic and then take a U-turn at Island Walk is safe? I don't. You do studies on the issues, yet the data you are putting in is flawed. The numbers are padded. I think anyone that takes the time and reads any of these studies would certainly have some questions. The studies side with the developers. Please tell me how a building with 208 units will only have 61 residents leaving during October 24, 2023 Page 121 peak hours which, by the way, was the numbers that were presented to the Planning Commission, and I noticed, I believe, it was 101 on the slides here, so there's discrepancy. Seventy-one of those units are supposed to be workforce housing. Are those people not going to work during peak hours? It seems strange to me. I'd like to know about the environmental study that was done. Did the developer fund it? Because that's what I call the fox watching the henhouse. I personally have seen panther, bears, bobcats, burrowing owls, bats, gopher tortoises, fox, squirrel, eagles, coyotes. I actually encountered a panther face to face on my property recently, not just on the wildlife camera. These animals are there. For them to say there are none is a flat-out lie. It is a preserve. These animals live here, and they live here en masse because they have nowhere else to go. Naples is a gorgeous town, and people come here for the beach. But let's not forget about our gorgeous native forests. They are few and far between, and Logan Woods is one of them. That's why I chose to live there. You cannot uproot the native acreage, leave grass and pavement and not expect flooding. It disrupts the entire ecosystem of Logan Woods. I can attest to this, as I am doing permaculture and regenerative farming in the preserve. I work with ecosystems, not against them. Putting in this development into a native system will 100 percent have an environmental impact on the entire preserve. As for the buffer that the developer is showing, it's actually a range of invasive species such as Melaleuca trees that will need to be removed per county ordinance. Once removed, they will need to put in new trees which will take years to reach their desired height that they're showing. Since you are working towards the United Nations SDGs, why don't you use this as an opportunity to protect nature? Isn't that the October 24, 2023 Page 122 true meaning of the word "sustainability"? Sustainability is not going on to 17 and a half acres where only seven houses are currently allowed to be built then chopping down a native preserve so that you can put in 208 housing units in the name of affordable housing. The residents are restricted to build, but the developers get the green light. That's wrong. It's supposed to be we the people, not we the developers. Now, you talk about putting in a school. The residents, we feel bullied. We feel like the county has lost its way, and we're tired, tired of being bypassed for profit. Is the cost of a native forest and the quality of our life worth 600 feet? I'd venture to say no. We ask that you vote no on the rezone and take a stand for the residents, the wildlife, and the Collier County quality of life. I have not lost hope. I pray that you will do what is right for the people. Thank you. MR. MILLER: Your next speaker is Melody Klein, and she will be followed by LouAnne Fisher. Ms. Klein has been ceded additional time from Audrey Kretschmer. I hope I'm saying that right. (Raises hand.) MR. MILLER: She's seated right there. You'll have six minutes, ma'am. MS. KLEIN: Thank you. Good afternoon, Commissioners. My name is Melody Klein. I am a resident of Logan Woods, specifically Cherry Wood Drive. My husband, Dan, and I have lived on Cherry Wood for 10 years. Dan's lived in Naples since 1976. I've lived in Naples since I was nine months old. We won't go into what year that was, but it was a while ago. I'm here today as a lifelong resident, a taxpayer, a citizen, and a constituent. Logan Woods is part of the Golden Gate Area Master Plan. October 24, 2023 Page 123 Yes, the Urban Golden Gate Estates sub-element. Yes, the word "urban" is used in that sub-element, but it's still under the master plan. The Estates designation says, quote -- this is part of it -- multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings are prohibited -- prohibited in all districts and subdistricts in this designation. Goal 3 of the master plan, quote, to preserve the area's rural character as defined by large wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, environmental stewardship, low-density residential development, and limitations on commercial and conditional uses. Objective 3.2 of that goal is, quote, provide for the protection of the rural character of Urban Golden Gate Estates. Policy 3.2.3 under that objective is, quote, rural character shall be further protected by resisting site-specific master plan changes that are out of scale or character with the rural quality of Urban Golden Gate Estates. That policy describes Ascend Naples perfectly. It is out of scale and character with the rural quality of Urban Golden Gate Estates, period. I'm not talking about traffic. I'm not talking about the style of the community. It's very pretty, by the way. I'm not even talking about affordable housing. I'm talking about Ascend Naples out of scale and character with the rural quality of Urban Golden Gate Estates. That should have been the end of it. Mr. Yovanovich stated, we're right across the street from urban mixed-use areas. You are. We are. We are not in mixed-use areas. We purposely live in this area because it's not mixed-use areas. There are tons of mixed-use areas available for projects such as this. There are boundaries on the Estates areas. And one of the other October 24, 2023 Page 124 gentlemen spoke about the boundaries. Hey, we're not in the middle of Golden Gate Estates asking for this. We're on a boundary. Yes, but you are in Golden Gate Estates, okay. Just because we're on a boundary doesn't mean that we're not as protected as someone in the middle of the Estates, okay? CHAIRMAN LoCASTRO: Ma'am, ma'am, you're talking to us, okay. So talk to us, not the crowd. MS. KLEIN: I'm trying to be respectful, but got it. That is my main concern is that they are looking at this as the potential for being urban mixed-use, and it's not. It is protected under the master plan. Commissioner McDaniel, Commissioner Saunders were both part of an amendment in 2019, so they're very familiar with the master plan. This is such a site-specific location. It's the middle of our street. You saw the map; it is the middle of our street. Santa Barbara Boulevard. You look to the east, you have Golden Gate City. You look to the west, you have Estates. There are no duplexes, there are no businesses, there are no apartments on the west side of Santa Barbara Boulevard. Why? Because they are protected by the master plan. There are areas that are protected. There are boundaries. We are within those areas that are protected. You-all are what is responsible for keeping that, right? I need water, sorry. I'm a realtor. My husband's a builder, so we get it. One hundred years here in Naples, right? And you've managed to manage the growth, supposedly, and try to keep it -- keep it moving smoothly -- I'm sticking. But I think going against the master plan completely negates all of that. Why do we even have a master plan? Why do we have a master plan if a developer can come from another state and say, well, I like that property because I can get it for a lot cheaper than if I had to buy something that's already designated that. October 24, 2023 Page 125 So I want to get this 17-and-a-half acres, and I want to put apartments on it. I'm sorry, sir. That's in the master plan. That area, you cannot do that. It is not vacant land somewhere. It is part of an established community. We are an established community in Logan Woods. You are an -- you have established communities at Oakes Boulevard, off Santa Barbara. There are other areas that this can go. It does not need to go in the middle of Cherry Wood Drive. Thank you. MR. MILLER: Your next speaker is LouAnne Fisher, and she'll be followed by Dan Cook. MS. FISHER: Good afternoon. My name's LouAnne Fisher. I am a resident of Collier County since 1980. I'm here to oppose the rezoning of Golden Gate Estates for this Ascend project. My husband, Patrick, and I are 27-and-a-half year residents of Logan Woods Estates on Boxwood Way. Back in 1996 when we purchased on what was once 10th Avenue Southwest, it was considered way out in the boonies, yes, Rural Golden Gate Estates. We have been blessed to raise our four children and now our granddaughter on our 2.78 acres, our little piece of country, in Collier County. Our property backs up to Pine Ridge Road, and our natural buffer of woods between the road and our property yields to natural serenity. We take great care to respect the wildlife that our environmentally friendly property boasts. We have amazing array of birds, including cardinals and blue jays daily, and they do not get along. It's true. Hawks, owls, woodpeckers, the random sighting of the eagles, bears, deer and bobcats, gopher tortoises, which are all over Logan Woods Estates, so I find it hard to believe there was no evidence of any of that there. And way too many snakes and way too many spiders. Lots of bunnies and, depending on the residents, some of them love them, and if you're a gardener, you hate them. October 24, 2023 Page 126 At some point I hope my adult children will consider coming back to Naples. And where I do see the need is real to address affordable housing, I don't think plopping this in the middle of rural Logan Woods houses is the answer. The Golden Gate properties that we purchased are zoned Estates. From the developer's presentation, I don't see a difference of the properties west of 951 and south of Vanderbilt with the exception of the multifamily development they're asking approval for. Just because there's an urban use across the street, these are still Rural Estates. As residents, the county has limited our personal development of even adding a secondary or guesthouse no greater than 40 percent of our primary home's square footage. The Golden Gate Master Plan does not permit apartments, and I'm sure many of us bought under the premise that we would not have to concern ourselves with a growth plan amendment that will only appease a developer and line their pockets. Meanwhile, our properties could depreciate under such growth plan amendments. The infrastructure in our area and roads were not forecast for subdistricts to be formed, that a developer could carve out a 208-unit multifamily projects. Right now, where Logan is four lanes -- well, eight lanes on the corner of Boxwood and Logan, at least twice a day -- four lanes, sorry -- it could be a nightmare to get out to Logan. This will surely add more density to the two-lane Logan north off Pine Ridge if there is approval to this project. Hypothetically, if this gets approved, what's good for the goose is good for the gander, right? Who's to say I'm not going to come here and ask you guys for an access point from Pine Ridge onto my property to build a 30-multifamily luxury unit onto my property, and maybe some of our neighbors will like that idea, too, because then we can also charge $3 a square foot. I'll condense this. I'm sorry. I know my time is up. But I just October 24, 2023 Page 127 think this all sounds so ludicrous, and I cannot imagine that we're just going to exceed [sic] to globalists and mega developers who want to buy up this land and call it luxury apartments while convincing the community to be empathetic to the cause of providing affordable living while, albeit, only 30 percent. CHAIRMAN LoCASTRO: Ma'am. Ma'am, thank you. MS. FISHER: Yes. And by the way, last thing -- CHAIRMAN LoCASTRO: Thank you. MS. FISHER: -- I have three young professionals -- CHAIRMAN LoCASTRO: Thank you. MS. FISHER: -- and they would not want to live in 500-square-foot -- CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Dan Cook. He will be followed by Jerry Kurtz. Mr. -- or Dan -- Mr. Cook, rather, has been ceded additional time from Jay Kohlhagen. MR. KOHLHAGEN: Right here. MR. MILLER: And he's right there. He'll have a total of six minutes. MR. COOK: Thank you, Troy. Good afternoon, Commissioners. I was about to say "good morning." First of all, to save some time -- I certainly am not going to need the six minutes. I echo some of the concerns about some of the previous speakers. I think the woman who's a realtor really made the point well about the purpose of this Growth Management Plan, the purpose of the zoning properties a certain way. You did that for a reason, and for you to change it here today based on the petition of these developers, I just question if that's really even needed. So I do have a -- I wrote down a couple questions when listening October 24, 2023 Page 128 to the presenter's presentation. So if the developer is so intent on providing our community with affordable housing, I question why are only 71 out of the 208 units at the designated lower rate? If these units are intended for essential workers, such as NCH, Collier County Schools, police and firefighters, those 71 units are going to get filled up pretty quickly. So where does that leave people like me, maybe nonessential workers? According to one of the other previous speakers, too, I probably wouldn't even qualify for rent at this apartment. And then on the topic of affordable housing, it seems like the reason that you guys are entertaining this apartment complex is to provide more affordable housing for people, and this speaks to me quite a bit. I need some affordable housing. I need -- sometimes I would like to get some help with paying my bills and getting rent, but I don't -- I personally don't look to government to do that. I look to maybe getting a second job or having family help out, friends help out. I figure it out, you know. I don't think it's the role of government to be providing affordable housing because, for the government to provide something to one group of citizens, you've got to take from another. I'll just summarize it like this: Thomas Jefferson said that a government big enough to give you everything you want is also big enough to take away everything you have. And I don't know if that's exactly what's going on here, but I'd urge you to vote no on this and stick to the master plan. Thank you. MR. MILLER: Your next speaker is Jerry Kurtz, and while he'll be followed by Mike Slattery, Mr. Slattery, you may not want to stand up yet. Mr. Kurtz has been ceded time from 16 additional speakers. I will confirm them at this point. Kim Reed? (Raises hand.) October 24, 2023 Page 129 MR. MILLER: She's is here. Diane Smith? (Raises hand.) MR. MILLER: Here. Frank Hemrick? (Raises hand.) MR. MILLER: Here. John McKeon? (Raises hand.) MR. MILLER: Here. Norma Small? Norma Small? (No response.) MS. SMALL: I'm not speaking. (Raises hand.) MR. MILLER: Oh, are you Norma? Okay. Robert Sitkauskas? (Raises hand.) MR. MILLER: Thank you. Chris Sitkauskas? (Raises hand.) MR. MILLER: Thank you. Kevin A. Schmidt? (Raises hand.) MR. MILLER: Thank you. Martin Brennan? (Raises hand.) MR. MILLER: Thank you. Jerry Lee Milavsky? (Raises hand.) MR. MILLER: Thank you. Dorothy Evans? Dorothy Evans? October 24, 2023 Page 130 (No response.) MS. KLEIN: She left. MR. MILLER: Okay. So we've lost one. Wow. I'm sorry. This one only has "ceding time to Jerry Kurtz," and, unfortunately, does not have the person's name. Jerry, I won't be able to use that one. Jan Korbel? (Raises hand.) MR. MILLER: Thank you. John Korbel? (Raises hand.) MR. MILLER: Both here. Justin Eaton? (Raises hand.) MR. MILLER: Here. And Paula Almeida? (Raises hand.) MR. MILLER: Here. Okay. So that's going to take us to 45 minutes for Mr. Kurtz. Jerry, take it away. MR. KURTZ: Thank you, Troy. Could you roll my PowerPoint, please. I'm just kidding. I don't have one. MR. MILLER: Thanks, Jerry, and I thought I liked you. MR. KURTZ: I just had to mess with you one more time. MR. MILLER: There you go. MR. KURTZ: Thank you. Thank you so much. My name's Jerry Kurtz. I'm certainly thankful for this opportunity to speak with you today. We've spoken before on this issue, and a very serious issue, and I'm just thankful for this time, thankful for this public process. This is the way government should work, and I think it's wonderful. October 24, 2023 Page 131 I have to thank my people that have ceded their time to me as well. I will direct my comments to you-all, Commissioners. Gee, I think maybe I should run for office or something. Thirty-four-year resident on Cherry Wood Drive. You know, many, many years ago, we knew it would be a great spot. Raised a family there. Wonderful. Just -- you know, Cherry Wood Drive is just a dream come true. It just makes me get really emotional when I think about that. I am a former county employee. I spent a good portion of my career being your stormwater management expert. I bring this up because I will be talking about stormwater among many other things. I am -- still today I am a State of Florida licensed professional engineer. I am opposed -- principally opposed because of the conflict with the Growth Management Plan. I just think it's so obvious, and it's so out there. You know, the -- you could look at the Growth Management Plan many, many ways. And Mike alluded to some of the conversation and what the Growth Management Plan is, what it does. I view it as a contract, in a sense. You know, in the Estates, of course, we're not a deed-restricted community; we have no HOA. But thank goodness we had the Growth Management Plan, and the Growth Management Plan studied and restudied and restudied again. What I want to talk to you about -- I've got it divided up into about seven sections. I'll talk to you about our neighborhood. I'll talk to you about the GMP. I'll talk to you about lack of compatibility and cohesion with the surrounding properties of this project, the extensive excessive density proposed with this project. Inappropriate property purchased; got a little segment on that. And, finally, the severe impacts to the neighborhood, should you approve this project. You know, you basically have to decide between, I guess, siding October 24, 2023 Page 132 with us, the people that have lived out there, the people that have invested their lifesavings into our properties on Cherry Wood Drive and some of the surrounding areas. It really comes down to you're going to support us and our constituency or you're going to go with the developer. I mean, it's pretty much that simple. That's what you have to decide. To me, your decision should be quite clear. It's quite easy. I don't know what all this fuss is about. Let me expand. We are not a NIMBY community. I keep saying this. We are not a NIMBY community. Go down our street. Look at our street. Good Lord, we have built environment on our street and our neighborhood that supports the whole county. How could we be a "Not in my backyard; I don't want that stuff here"? We have a wonderful EMS station that came in fairly recently on the corner of Logan and Vanderbilt Beach. God bless them, Station 76. We have a huge wastewater pumping station, massive pumping station. That took a lot out of the Cherry Wood Drive street. The pumping station's positioned way out by Vanderbilt Beach Road, but it still took a lot out of our street, a small lot. It's a massive pumping station. Great built infrastructure. Benefits the whole county. Actually, can balance the flows between the north plant and the south plant. Great idea. Wonderful built infrastructure on our street. And then, finally, the cemetery. I don't know -- nobody else -- very few people have a cemetery on their street in their neighborhood. Over 20 years ago the cemetery came in. We had hearings like this. And, you know, we got the cemetery. The cemetery is very busy. One of my thoughts about the use of this property is somebody should really consider using this property to expand the cemetery, because I've got to tell you, the cemetery is filling up. It's busy over there. October 24, 2023 Page 133 I mean -- and I'll allude to how I know that down in my presentation here. I know what's going on in the cemetery. And I'm telling you, they're going to need more land if people keep dying at this rate. It is -- I heard the talk in the last meeting, two weeks ago, fundamental fairness. That's why we're all kind of -- you know, I don't want to sound like a kid, but this isn't fair. Good Lord, yes, God bless property rights, the rights that we have as Americans to own property. God bless us, you know. It's probably one of the cherished -- most cherished rights we have here in this country, right? Everybody has a right to buy property and use property. But, man, like I said, our street is already -- we've already -- we're already pulling our weight for the county. We're -- you know, again, we're not a NIMBY. We feel like a -- it's almost like enough's enough or, in football terms, come on, man, you know. We don't oppose change. I said this at the Planning Commission. Nobody can live in this town and be like, ah, I hate change. I can't deal with change. Nobody is out there -- there are no real outliers on our street. We all know where we live. We all embrace change. We know how Collier County rolls. So, you know, we're not opposed to all the things that are going on. And good Lord, the amount of apartments being built now in really appropriate places is impressive. So I'd like to commend you guys. You're obviously doing something right with addressing this problem. I see apartments going up everywhere. So I can't get over the fact that if it's so desperate that we've got to start picking property like this to solve the crisis, I don't think it's that desperate. I really don't. I see hundreds and hundreds of apartments being built around this town. It's impressive. And, again, I mean, it's because of you guys taking the issue and running with it. October 24, 2023 Page 134 I've got several things about the Growth Management Plan here. I'll maybe skip a few because people have gotten schooled on the Growth Management Plan. And I am not an expert on the Growth Management Plan. I had to read a lot about the Growth Management Plan, but I got very interested in how the Growth Management Plan -- the master plan, specifically. The -- I know why counties need growth management plans, comprehensive plans. It's a state mandate. Every municipal has them, but the Golden Gate Estates Master Plan, that was intriguing how that was created and how it evolved. And, you know, I think your first run at the master plan was in the early '90s. But then in 2003, I think because of growth issues, we started doing a restudy specifically looking at the Golden Gate Estates area because it's massive, and there was a lot of growth out there. And then, impressively enough, we did a second restudy that started in 2017, and I think that's when the wonderful planners at the county -- and maybe this came out in the workshop to split the Estates between urban and rural. Great idea. They both got sub-elements created. And, you know, I think that helps a lot. And I wanted to acknowledge that we get that the Growth Management Plan can be amended. Of course. Every good plan can be amended, right? Plans are meant to be amended and changed. So I get that. We're not like, oh, my God, you know, how can they amend the Growth Management Plan? Goal 1 talks about the establishment of subdistricts when you want to add things and make change over time. So we get that it can be amended. I'm not so sure this is a small-scale amendment. I know by definition it is, but I don't think this is small scale at all. This is very impactful. I hate that it's called a small-scale amendment. But quickly moving down through some of the goals, as people October 24, 2023 Page 135 have already stated a lot of them over and over again, preserve the area's rural character, Goal 3. And I'm bouncing back and forth between the Golden Gate Estates regular and then the urban sub-elements, but it's all still there. Objective 3.2, protect the rural character. You know, I think that's what we're all saying. Good Lord, we love our rural character. And we're close-in rural character. We're urban close-in Estates. It's like a -- I keep saying it's -- when we decided 30-years-plus to build out there, I found this place, and I'm like, wow, look at this. We're not looking out on Weber. We're not looking out on Wilson. We're going to look off of Logan. We're going to have two-and-a-half acres very close to town. How cool is that? It really is a jewel. And somebody already read this one. There's a Policy 3.2.2 which boldly says, basically, do not approve out-of-scale petitions of this nature. So I'm going to challenge to you all, if you're going to amend the Growth Management Plan when you approve this, do what you say you're going to do. You should remove Policy 3.2.2 from the plan. You should remove it because don't -- I said -- I was quoted about integrity. Integrity to me is doing what you say you're going to do. If you approve this, which is blatantly in conflict with the Growth Management Plan, then go ahead and man up and remove this policy from the Growth Management Plan, because you're not doing it. You're not protecting -- you're not stopping these kinds of petitions. Anyway, not to beat this to death, but I might a little bit more. The restudy -- the second restudy went out for two years. It wasn't a joke. Estates residents went on and on and participated with all their views and desires. We were heard. Over 20 public workshops for two years, produced a 220-page white paper. Has anybody read it October 24, 2023 Page 136 recently? I did several times. Quoted in there, should protect the low-density character of the Estates by resisting private petitions to change the plan from existing residential land use, from existing land-use designations. This is -- this is quoted right out of the 220-page white paper. In fact, you can read it on Page 43 and Page 77. This was approved. The end of the restudy also approved -- wrote and approved a vision statement created for the urban. It says, low-density, large-lot residential neighborhoods in a natural setting. That's our vision statement. You guys -- the Board adopted this at the end; it ended with a Board adoption. So that's what I mean. It's like, if you're going to approve stuff like this, you ought to start going through the Growth Management Plan and just deleting these guiding principles. It's a hypocrisy. You don't want to be part of that. Preservation of the area's rural character is mentioned five times in three pages of the goals, policies, and objectives of the master plan. I'm going to move on. My next topic is the lack of cohesion this petition has with our surrounding area. I mean, it might be cohesive with Vanderbilt Beach Road, but it's not cohesive -- I don't think it's cohesive with a cemetery. It's certainly not cohesive with our neighborhood and our residential lots. It's not compatible. I'll prove that to you in a minute. It's certainly not complementary. The petition is out of scale with the nearby and built environment. It's inconsistent with the Future Land Use Element of the GMP. But, Mike, thanks for telling us that's basically a little graphic, I guess, that can be changed on a whim, the Future Land Use Plan. Out of character, though. Out of character. I can't get over that "out of character." It's completely out of character with -- drive down our street. Good Lord, drive down our street. October 24, 2023 Page 137 The landscaping, enhanced. Enhanced landscaping, enhanced buffering, enhanced setbacks, a border feature, building height limits. Gee, if you have to do all that stuff to make this compatible, you've got to wonder. If it was compatible, why do you have to do all that stuff? Something that's compatible will just fit right in there. We're going to wall this thing off like a prison now? Oh. These items that are being offered as gifts to us, features, are they just to soften the impact? Are they to mitigate the impact? I think they are. And they're not. They're not going to mitigate the impact. I'll tell you this, because I live there, the cemetery, we got an 80-foot-wide buffer/preserve when we went through the cemetery rezone, 80 feet. Eighty feet preserve, vegetated. You can see right through it. You can hear. I hear bugles. I hear the burials, not that there's anything wrong with that. I see -- they built -- they just built a massive funeral home in the cemetery. Does anybody know that? Massive funeral home, big. It's big. I guess they can't do embalming over there, because they're on a drainfield, though. I hope they're not doing embalming over there. But we see it all through an 80-foot buffer. These guys are, like, giving us a gift of 50 or 60 or whatever? I'm telling you, come by. Drive by my house. Look through the 80-foot-wide buffer. You can see through it. You can hear through it. I mean, these aren't -- these aren't great gifts we're being given. This petition basically isolates 17.5 acres. It just carves it out. Isolates it. It's like a -- I don't know. It's like it's being snatched. And it's a true spot zoning, like I said at the Planning Commission. Not legal spot zoning, but it is kind of a -- this community is above spot zoning. We shouldn't have to do spot zoning. We have a master plan. It's a great guiding document. It's a little dirty word to me, if you ask me. October 24, 2023 Page 138 I'm going to move on to this is not appropriate property for this activity. All this property, it's four parcels. They all have Cherry Wood Drive addresses. If you look it up in the Property Appraiser's website, its Cherry Wood Drive. It's all supposed to be front-facing to Cherry Wood with your driveways for your homes on Cherry Wood. You know, Cherry Wood has 44 existing residences, families, and a total of 55 lots. So there's some empty lots on Cherry Wood, including these four. Well, these four are oversized, you know. There's 17 and a half -- so you could split these lots into current proper zoned lots and build seven houses plus a guesthouse, I guess, on each lot. Boy, that would be nice. That would be compatible. That's what we thought was going to happen there. We're at one home per 2.2 acres. That's already been discussed. The zoning increase they're proposing for you guys to approve is 30 times. So imagine on our street today, any day, with the 44 houses, people buzzing around, associated cars and whatnot, service people. Basically, you've got 100 to 120 people buzzing around on Cherry Wood Drive on any given day. You're going to insert this apartment complex? It's going to be 4- or 500 people buzzing around in there. How can that not adversely impact our street? Oh, because we're going to all be front-facing towards Vanderbilt? That's not -- it sounds good on paper, but hold up. Visualize this place being built on our street and thinking that we're not going to see it, we're not going to hear it. Oh, wait, the stuff we're going to see is going to look really nice. I just find that quite bizarre, actually, to have this sold to you-all as it's not going to affect us adversely, and that's why I said, it's down to this, Commissioners: You're either going to stick with the people that have been there for years and years and live there and love it, or you're going to go with this new concept that may -- of course, it will October 24, 2023 Page 139 help the affordable housing issue, but a small amount. And I'll tell you, guess who lives on our street? Teachers, firefighters. I mean, if you want to come down and meet them, we can maybe introduce you to them. My wife -- I was an engineer. She was a teacher, on our street. She taught here in Collier County for many, many years. And I'll tell you, the seven homes that should be -- this concept, it's not crazy. It's not economically hurtful or whatever because it's going on right at the west end of Cherry Wood Drive. A guy came in, bought three oversized lots, kind of marketed it as -- it's called Logan Farms. He took the three lots, chopped them up into five conforming lots. He's selling houses, five houses. He's got two built. He's marketing three more. I mean, it's -- if anybody says, you know, you can't do it properly out there, it's being done right there. That's another thing. You can drive right by it and see it. They're there. The houses -- probably not affordable, but no rezone necessary, no Growth Management Plan necessary, no impact to the surrounding homeowners. We love it. We love that Logan Farms. It's beautiful, and it will be beautiful. One hundred percent compatible and cohesive, so it's right there. You can drive right by it. I said inappropriate property purchased. Petitioner got a great deal on the property, paid a little less than 300- an acre. Why? Because that's the going rate for acreage out there if you want to build a single-family home on two-and-a-half acres. You've got to plop down about 300 in that area. It's not cheap, but it is cheap. It is cheap because the petitioner's property that they got the apartments approved on and they're building on, paid almost three times that, three times that. Not really my business, right? His private business. But the point is, you get what you pay for. You know, he paid a lot more money for that property up there October 24, 2023 Page 140 on Immokalee Road, and, boom, the apartments are being built, because it's appropriate. It's cohesive. It's compatible. Not our property. That's not our property, not the property on our street. It's not our street. Not the Cherry Wood Drive property. It's not compatible. He didn't pay, you know. That's he got it so cheap. And how risky is that to buy -- I was blown away when I found out -- you know, most developers put a contract on a piece of property pending a rezone approval, most all of them, most all of them. This was so bold. It's a gamble, though, right? It's a gamble. It might work out. It might not. It's a gamble, but that proves that it's inappropriate in a lot of ways, right, you know? What if the rezone doesn't go through? It's still going to be worth a lot of money. Price has gone up. So severe impacts to the surrounding neighborhood. There will be. There will be. Look at the clearing. Let's look at the clearing. My God, probably 15 acres of the 17 will be cleared. And here is the thing. By their own environmental assessment, some of those areas that they're showing as preserves, they're impacted with 70 percent exotic. You've got Brazilian pepper. You've got Melaleuca. You've got earleaf acacia. It's slammed over there. So even in their preserve areas, they're basically going to clear 70 percent, and then they're going to have to struggle trying to revegetate it to make it a preserve, because you've got to take the exotics. You know, I've got to believe if you just -- if it just went on under the current zoning, you know, these -- these houses come in, and they're selectively cleared, and, you know, the rules say on your two-and-a-half, two-and-a-quarter acre, you can only clear one acre. You can get permission to clear a little bit more, but we tend to leave a lot of the vegetation under that scenario. Again, drive down our street. Look at our street. It's full of vegetation. It's wonderful. October 24, 2023 Page 141 This won't do that. This will be clearcut, and it will take years for stuff to grow. You know, it probably won't be native stuff either. It will be something else. So I didn't bring it up, but people brought up stormwater. You know, I spent a good majority of my career working for you guys in the stormwater management and surface water management profession, and we built a lot of capital improvement projects here in Collier County, and -- to improve water quality and to remediate problems. And I've got to tell you, the development sometimes that are approved using the best management practices of the Water Management District, the so-called basis of review, basis of design, they get designed perfectly, they get reviewed, and they get approved, and then they get built. Sometimes they cause problems. In fact, quite often there's problems, unintended consequences. It happens all the time, and you approved a lot of capital improvement projects which fixed a lot of those drainage -- we call them drainage problems. We kind of soft stepped. You know, we weren't going around blaring around that everybody's approving and building developments that have horrible management systems. We didn't do that. We just kind of quietly went in, created the new project, multi-faceted project, improving drainage all around the county. I did dozens of them, probably hundreds of millions of dollars that you guys gracefully and gratefully approved, and we solved a lot of problems. So I've got to tell you, our street is resilient. In the Estates in general, but our street is so in balance. It's in balance with the environment. It is truly a sustainable and a resilient situation out there, the ecology. We don't need water and sewer. We don't get water and sewer. We handle all that -- we have our wells. We have our septic systems. We are -- these Estates situations are resilient, they're sustainable, and I've got to say, most of it is because of the October 24, 2023 Page 142 low density. You know, when you cram a lot of units in, oh, you need a pumping station. You need to bring in the water. All this and so we're -- the Estates -- the way the Estates is developed is people don't realize how ecologically sustainable and incredibly resilient it is. The storms -- you know, we get a lot of trees come down and stuff, but it's a -- it's a great recipe for how to do sustainable growth, and it's because of the low density. And when you drop in a water management -- South Florida Water Management approved pod into the -- into the mix, I'll tell you why I'm referring to it that way. That 17-and-a-half acres hardly ever discharges any water. Thirty-seven years -- 34 years out there, even the massive storms, that area in an undeveloped condition is like a sponge. And when these -- and I've seen this throughout the county. It's a phenomenon. It's not in the -- it's not in the books. It's in the rules and regs. They have this one thing called "floodplain encroachment." You have to do a little calculation to make sure you're not encroaching in the floodplain. But, oh, there's a lot more to it than that. You take a piece of property like this, it has to all be bermed off. That's the first thing; cleared, bermed, captured all the water. And what -- it's a simple concept of displacement. It happens everywhere, and nobody wants to acknowledge it. So what's going to happen is, all the years of all the water being stored on that property, the property in the developed condition is going to start discharging water out. And I'll tell you right now, the roadside swale along Cherry Wood Drive does not have the capacity for a lot more water to go into it. There'll be issues with that. There will be issues with that, guaranteed. And some county stormwater management engineer will have to come out and fix it, maybe, if the people complain. I promise you there will be issues. You can't take a chunk of the woods, carve it out, shoehorn it out there, and -- but it October 24, 2023 Page 143 will all be designed, reviewed, permitted, and built. That's how it happens. I've seen this happen dozens of times in the county. And I'll tell you one more thing. I don't think this -- either I'm wrong and I'm way out in left field on this one, but I have to say this, Vanderbilt Beach Road -- so I've been here probably too long, but I was here when Island Walk was conceived. I was here when Village Walk was conceived. I was here when Vanderbilt Beach Road was created, basically, past -- east past Logan and watched all this happen. So I had the unique opportunity to review the Island Walk drainage plans, Village Walk drainage plans. Vanderbilt Beach Road -- I don't know if anybody knows this -- the design for Vanderbilt Beach Road six-laning was originally an in-house design. The county engineers were designing Vanderbilt Beach Road. We got to 30 percent plans, and it was decided to put it out to consultants. But guess who was doing the water management design for Vanderbilt Beach Road six-laning and reviewing Island Walk's water management design? So I can tell you this: This is what I wanted everybody to know. When improvements have to be made to Vanderbilt Beach Road to accommodate this petition, there's going to be additional impervious surfaces created. Not a lot, nothing like what's out there, but there will be a couple hundred feet. The median will have to be taken out to queue up the staging area for people that want to make U-turns and also even the little right-in, right-out will be scabbed on to the edge of VBR. It might be off the current edge of the roadway, it might even be on their property, but I believe there's an easement there in the favor of the county. But the point is, that whole drainage system for the road that operates out there today, by an agreement with the Island Walk developer, all that water goes into Island Walk's lake system, every October 24, 2023 Page 144 drop of it. It goes right into their lake system. Island Walk takes in water from the whole four-square-mile area of the Harvey Basin. I was here when we created the Harvey Basin, and we master planned the drainage for the Harvey Basin four square miles, and it was referenced, the Harvey Canal. Well, some of it goes into the Harvey Canal, some of it. A lot of it goes into the I-75 canal. The point is, this petition, should it be built the way it's being presented, is going to add impervious surface to Vanderbilt Beach Road, and that untreated stormwater will be collected into the existing system and routed into Island Walk. And I told them that. And, you know, that can be addressed. Hasn't been addressed. The condition of Cherry Wood Drive existing condition, what we call offsite conditions -- these are offsite conditions -- that's never addressed at this level of review, which I've always thought was wrong. If it doesn't get at least talked about at this level before you hit the "go" button, later it's just kind of brushed under the rug in a lot of cases. Now is the time to talk about this. So my statement is, you know, this is going to have impacts to the surrounding community. They all do. They all do. And like I said, we didn't -- we don't -- we didn't run around going, oh, God, they approved another one. We silently created another stormwater improvement project for blah -- such and such neighborhood, and it fixed the unintended consequences that came about through approving development orders. Happened all the time. And I -- when I first saw this, I said, here we go again. And, you know, I don't know if Island Walk -- Island Walk spends so much money on keeping their lake healthy, because Island Walk's lake system takes in a massive amount of untreated stormwater. They told me they have 210 aerators to keep that lake from blowing up on them, and by that I mean algae bloom. You know, you've got to keep the lake healthy. If you don't, you're going to have an algae October 24, 2023 Page 145 bloom. That gives off toxins. It's a nightmare. So I can't imagine the money they spend on their lake system. And I'm telling you, to approve this project with no discussion about how that runoff is going to occur and how it's going to be handled -- they could -- so they could build a separate system -- for all the added impervious surface that they need to service their petition, they could build a separate drainage system. They'd have to take it all into their project. They'd have to rip up at least three lanes of Vanderbilt Beach Road. They'd have to come in conflict with the existing system out there. That's why it's never done. All these little median improvements to accommodate new developments, they all just scab them in off the existing system. And wherever that water goes in the existing system, that's where it goes. They don't have to take it into their system. It's just -- whatever -- the county's road system -- every time a new one of these gets impacted, the county's road system gets impacted because we accept more travel lanes, right-in, right-outs, U-turn queue lanes, all that. We just take it. We just take it in. In this case, though -- I want to make sure everybody knows this -- that whole frontage of VBR, all six lanes, you can -- somebody check this. Somebody go get the plans and check this. I could be wrong. I don't think. All six lanes of untreated runoff goes right into Island Walk. That's what the developer agreed to. Probably got a big break on his transportation impact fees. That's usually how they do it. They take runoff from Logan going north. Same thing. These are all deals worked out when you permit in Island Walk or a Village Walk. So I really wanted to talk about that when they started talking about water management, and the thing is is because it's not designed yet. But I know -- this is kind of -- somebody said cookbook. This October 24, 2023 Page 146 is standard design stuff. It's going to happen. It's going to happen. They're all designed the same way. Getting to the end. Thank you for your time. I have one more thing to say. And, you know, kind of summing it up before I talk about my one last thing. It's a -- we get it, affordable housing. But life on Cherry Wood Drive, you know, that's really where we're at. Is approving this complex worth severely impacting, you know, us on Cherry Wood Drive? You can fact check me about Island Walk, but I'll tell you, the flooding will be worse on Cherry Wood. But Cherry Wood floods, you know. It's not going to come in neutral. I don't care what great engineer designs it and gets South Florida -- it's going to get approved by South Florida. They approve them all. So our families, in good faith, thought we had safe, protected rights to our property, to our lifestyle, in good faith. We thought we were protected. We were wondering why it's possible we're not going to be protected, because we will be impacted. We will be negatively impacted. And integrity, like I said, I'm serious about that Growth Management Plan. You-all really need to look at some of those goals, objectives, and policies and, frankly, trash them if you're going to keep approving stuff like this, because it's hypocritical. Do what you say you're going to do. You're either going to go by the master plan or you're going to keep approving these kinds of things. So I have, basically, one more thing to say. I'm sure you're getting sick of me by now. This is not something that I'm very pleased about. I struggle with it every day. Our neighborhood, you can shoot in our neighborhood, weapons. And I'll tell you what, we have an abundant amount of backyard shooting ranges in our neighborhood. I'm telling you we have a lot. And when it first started happening, I was horrified, and I called the Sheriff, and I called the Sheriff, and I called the Sheriff. October 24, 2023 Page 147 And I got video. Out of respect for Commissioner McDaniel -- I want to show my 20 shooting videos, but I got them -- because I know that would irritate you. Oh, and I wanted to say it's not an enforcement issue. It's not a compliance issue because, guess what, it's not illegal. It's not illegal. Under the current zoning, it's legal. I've had many discussions with my neighbors. Some of them haven't been pleasant. But I'll tell you what, you want to come out to my backyard, sit by my pool, we'll have a soda, and hear the shooting. I mean, I've been ducking and dodging out there -- I've had to yell to my wife to duck down. I check my house for bullet holes regularly. Thank God I haven't found one. And, you know, God bless the Sheriff because to try to -- you know, he's put out this little pamphlet that says, "Laws about backyard gun ranges." And, you know, it's a good little pamphlet. There he is. His picture's on the back. I don't know how many people got this but, you know, it's all about -- it's not illegal if it's not negligent or reckless. I found a target in a house behind me. I went back there. I said, are you shooting towards my house? He was shooting -- I got a picture of it. I'm not going to show it. He was shooting into a little piece of plywood right towards my house through the woods. I said, are you shooting towards my house? He said, yeah, it's not illegal. Boy, did I have to put my hands in my pocket, and, you know, not assume an aggressive posture. We had a discussion out there. But the point is, you have to realize if you approve this, you're approving this high-density apartment in a neighborhood where the bullets are flying. And I'll tell you what -- and I'm not kidding. I'm not kidding. And I know we have a mathematician here. By the simple laws October 24, 2023 Page 148 of probability, there will be stray bullets. There will be. I don't care what kind of backdrop you have and how expert you are. I've seen people invite their friends and neighbors, and the kids get out there, and the blasting is incredible. So don't do it. Don't do it. You're putting this in the wrong place. You literally will put this in a neighborhood. And the shooting isn't going to stop that I can see, unless you work your magic. It's our God-given right, apparently, is the way I understand it. So, geez, I might get out and there and join the party. But I'm serious. And I'm -- and if you think I'm joking, I swear to God, come sit with me on my back porch on a Saturday or Sunday right around noon. It's pretty -- right after church it pretty much starts, you know. And when ammo was expensive and hard to find, it did die down, but I'll tell you what, the price of ammo must have come way down, and you can find it everywhere, because -- seriously, that is a health/safety/welfare issue. Don't do it. And it's a testament to the unique quality of this area. It's not suitable for this. It's not. It's not. I hope you get that part. I hope you get that part. This isn't -- you don't have to be super sharp to -- it's not compatible, cohesive, complementary. Thank you for your time. I appreciate it. (Applause.) CHAIRMAN LoCASTRO: We'll break until 3:15. (A brief recess was had from 3:03 p.m. to 3:15 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: If we can have everybody take their seats. I'm going to make a suggestion that we deviate for just a short amount of time. We have Eileen Connolly-Keesler, who's the CEO from the Collier Community Foundation, and she had a time-certain October 24, 2023 Page 149 at 3:00 to just speak at the podium for a couple minutes on a very brief issue. So since we have about 40 speakers left, rather than have her sit back there till 6 p.m., we're going to bring her to the podium and knock out 11C and then immediately go back to our speakers. So, ma'am, the podium is yours. And I hope -- I hope 11 people didn't yield their time to you and you've got 47 minutes. MS. CONNOLLY-KEESLER: Did anybody want to give me their time? COMMISSIONER McDANIEL: Eileen, the County Manager's whistling. CHAIRMAN LoCASTRO: Mr. -- or Commissioner McDaniel, sir. COMMISSIONER McDANIEL: The County Manager wishes to speak. MS. PATTERSON: If we're going to take 11C, I need to at least read that item into the record so we know what we're doing here. CHAIRMAN LoCASTRO: Okay. Yes, ma'am. MS. PATTERSON: Okay. Thank you. Yep. Item #11C APPROVE FUNDING ALLOCATIONS TO SUPPORT THE GOLDEN GATE GOLF COURSE WORKFORCE AND SENIOR HOUSING PROJECT TO INCLUDE: (A) CONDITIONAL AWARD OF $2,689,137 IN STATE LOCAL FISCAL RECOVERY FUNDING PENDING BOARD APPROVAL OF AMENDMENT NINE, (B) APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN AN EXTENSION TO THE FUNDING COMMITMENT DEADLINE, (C) PROVIDE A CONDITIONAL AWARD OF October 24, 2023 Page 150 $1,335,703 IN HOUSING AND URBAN DEVELOPMENT HOME FUNDS AND A $329,706.40 COMMUNITY DEVELOPMENT BLOCK GRANT, AND FOLLOW THE OPEN DOOR APPLICATION PROCESS IN ACCORDANCE WITH THE CITIZEN PARTICIPATION PLAN, AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS FROM FUND 3018 FOR LAND ATTRIBUTABLE TO THIS PROJECT. (FISCAL IMPACT $4,716,300, FUND 3018 AND $4,354,546, FUND 1835). (CORMAC GIBLIN, ECONOMIC DEVELOPMENT & HOUSING DIVISION DIRECTOR) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL - APPROVED Item 11C is a recommendation to approve funding allocations to support the Golden Gate Golf Course workforce and senior housing project to include, A, conditional award of $2,689,137 in state local fiscal recovery funding pending Board approval of Amendment 9; B, approve and authorize the Chairman to sign an extension to the funding commitment deadline; C, provide a conditional award of 1,335 -- $1,335,703 in housing and urban development home funds and a $329,706.40 community development block grant and follow the open-door application process in accordance with the citizen participation plan and authorize any necessary budget amendments from Fund 3018 for land attributable to this project. Mr. Cormac Giblin will be the staff presenter on this, and he can follow Ms. Keesler, or whichever order you-all prefer. Eileen. MS. CONNOLLY-KEESLER: Thank you. Good afternoon. Eileen Connolly-Keesler, president of the Collier Community Foundation. Appreciate your time. Everything she said, that's what we're hoping to accomplish today, and you know that we've been working on this project for October 24, 2023 Page 151 about four years. So we just need to finish up. We've got a gap going right now on this project. And the longer we wait on this project, the bigger the gap's going to get because we're now at 8 percent interest instead of 3 percent interest like three years ago. So we just need to get this project done, get the ground broken, and get this affordable workforce housing in place for our essential employees, to keep our police, teachers, nurses, EMT, and firefighters right here in Collier County. So we really would appreciate your support. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I don't know if you need a presentation. If not, I'll make a motion to approve the -- CHAIRMAN LoCASTRO: I'll second the motion. COMMISSIONER McDANIEL: Wait. You've got to let me -- I lit up. You can't take my light away, and you can't take my second away. CHAIRMAN LoCASTRO: I shut you off. So we have a -- we have a motion from Commissioner Saunders and a second from Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MS. CONNOLLY-KEESLER: Thank you. (Applause.) CHAIRMAN LoCASTRO: Okay. Thank you. October 24, 2023 Page 152 Okay. So we'll break for the rest of the day, and we'll be back here in two weeks. My mom just called; she needs me to come home immediately. House is on fire. Okay. Mr. Miller, let's get back -- let's go to those two Zoom callers so we don't miss them. MR. MILLER: Yes, sir. We have two speakers on Zoom for this item, so we'll do them right here. The first one will be W.T. Pearson, and he will be followed by Stephanie Kohlhagen. Mr. -- or W.T. Pearson, you're being prompted -- I see you've unmuted yourself. You have three minutes. MR. PEARSON: Thank you. Can you hear me, Commissioners? MR. MILLER: Yes, yes. MR. PEARSON: All right. Good afternoon, Commissioners. My name is W.T. Pearson. I'm a lifelong resident of Naples and the president of NextGen, a young professional group of Collier County focused on affordable and workforce housing. I'm also a small business owner. And had I been born a few years later or moved here from another area, I wouldn't have been able to sustain my business in Collier County because I wouldn't have been able to afford to live here long enough to allow for it to get off the ground. There's no doubt -- there is no doubt housing affordability is the most foundational issue that our county currently faces, and if it weren't for this online option, I wouldn't be able to make my opinion known, like many young professionals who would be positively impacted by this project but couldn't wait for hours to make their voice heard today. As our community moves forward into the future, we need to be intentional about how we want to grow because, make no mistake, we are growing. We cannot simply shut the gates or deny private property owners the right to develop their land. There is a common October 24, 2023 Page 153 misconception that we can affect demand, but the fact is that we cannot change who wants to live here. We can, however, affect the supply of housing. Anyone who understands economics knows that when you keep demand constant and you restrict supply, price goes up. And we -- as we restrict the supply of housing, we will see the typical buyers of more expensive properties purchasing lower-price point properties, because those lower priced properties will be their only option. Without new supply of lower priced housing options, including studio units, this process will ultimately force out our middle and working class, which includes individuals and not just families. We have to intervene. If we want to preserve the integrity and balance of our community and that intervention -- that intervention looks like amending our Growth Management Plan when it proves to be obsolete. In fact, given that the Future Land Use Element for the urban area of the county is nearly 30 years old, maybe it's time our county creates a new plan, but that is for a separate hearing. I understand the anxiety the residents feel when someone proposes a change in their backyard. Naples is my home, and I've watched it change dramatically over the years. But the growth rate that we have experienced is a product of the strength of our community we have built. And the better we do as a community, the more people who will want to live here. And just because you moved here first doesn't mean others shouldn't be afforded that same opportunity. But, regardless, it is in all of our best interests to allow our community businesses to bring their workforce here. So if growth is going to happen, we have to plan for it appropriately. The big questions are, where do we allow it to happen and how does it look? My opinion is that the best locations would be places that make October 24, 2023 Page 154 minimal impacts on existing residential neighborhoods, and the way to integrate new projects is to design them in a way that makes them aesthetically pleasing. Over 80 percent of our county is in perpetual conservation. And the Golden Gate Estates are not conservation, they are urban sprawl. Ascend is a perfect balance of what our community needs, housing that our workforce can afford in an urban location that minimally impacts the residential neighborhood. Seventy-one units, 34 percent of the project is designated as affordable for the next 30 years. And to be clear, affordable means attainable. It does not mean Section 8 government-funded housing. The area median income of Collier County is over $100,000. Those units are designated for key workforce making between 80- and 120,000 per year and who can't afford a market rate. Those units will be occupied by essential employees of backbone organizations like Arthrex, NCH, CCPS, and Collier County Government. Furthermore, the community includes very large buffers and setbacks to preserve privacy of residents. It is designed to anesthetically fit into the neighborhood, and it will actually reduce the amount of traffic on the residential streets by accessing instead Vanderbilt Beach Road, a major arterial road, which the county is currently in the process of spending $200 million on expanding. This project represents an opportunity for you commissioners to show our community that housing affordability isn't just a campaign speaking point or a bullet point on a website. It is the biggest hurdle of people like me, having the opportunity to grow up and work in Collier County. You have an opportunity to serve all of Collier County here. Please prove your devotion to the future of our community by approving Ascend Naples. October 24, 2023 Page 155 Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Well, Mr. Chair, my other speaker on Zoom has dropped off, came back, and has now dropped off again. So let's go back here in the room to Mike Slattery, and he'll be followed by Michael Puchalla. MR. SLATTERY: Commissioners, thank you for the time. Mike Slattery. Property owner on Cherry Wood Drive. Also a young professional. I have been in the area for quite some time. Let me go ahead and get started. I stand before you today perplexed at the reality that this proposal is even on the table. Many of you have resided in your home for decades relying on the GMP as a cornerstone for residential decisions. Yet here we are, contemplating a seismic shift in the code entertaining the idea of erecting 208 low-income apartments in a residential neighborhood. Residential. I've embarked on -- you know, my personal journey, I've embarked on a relentless journey relocating five times in the last 10 years, tirelessly chasing the American dream. I've invested my lifesavings and established my roots on Cherry Wood Drive amongst neighbors prominently in their golden years of retirement, many of whom have cherished the community for over 20 years. My aspiration, why have I done this? To provide my three children with a nurturing environment where outdoor replaces screens. And safety is a given, not a luxury. You know, like the way it probably was when most of you grew up. Builder influence and community identity. We find ourselves at a crossroad, given Naples' reputation as a lucrative haven for builders, maximizing profit, cramming residents into limited confines. I opted for Cherry Wood, craving the same style of October 24, 2023 Page 156 childhood for my children, many of you undoubtedly experienced as well. Freedom, safety, and nature. Regrettably, this lifestyle is in jeopardy with the current proposal, pushed by a developer with negligible -- with no connections to our beloved Naples. Approving this project is a dangerous precedent, potentially triggering a rezoning domino effect throughout the Estates, thereby eroding our precious natural surroundings in the very essence of our community. I say "precedence" and "domino effect" because it is real. The gentleman behind me literally just made their entire business case on a precedent of Vanderbilt -- on the other side of Vanderbilt, right? They said, well, it's urban mixed on the other side. It's not on our side. If you approve this, it will be a domino effect, and you will ruin the Estates; little of nature that we have left. Turning to the broader economic landscape, let's not overlook the elephant in the room, the federal funds rate. With a basic understanding of economics cycles, one should see the ominous signs. We are witnessing rates in comparison to 2006, which ultimately led to the 2008 turmoil. History doesn't repeat itself, but it often rhymes. Simple economic principles dictated by market corrections followed by imperior [sic] rates. CHAIRMAN LoCASTRO: Sir, could you just slow down a little bit for our court reporter. MR. SLATTERY: Sorry. I've got three minutes, so -- now 30 seconds. CHAIRMAN LoCASTRO: Keep going. Keep going. Just keep going. MR. SLATTERY: Here's my point. Anybody that tracks the fed funds rate knows if the Federal Reserve wants a recession, a recession will happen. It is going to happen because rates are high, October 24, 2023 Page 157 and there is a two-year lag. This problem will impact and fix the supply and demand balances. It happened, right? The reason might be different. It might not be residential real estate this time, but there will be a correction, and the problem will fix itself. This is not the answer. This is just not the answer to the problem. So I'm up on my time, but I've leave you with four key points. If I built 208 homes, apartments, next to your house, would you want that? You don't have to answer that. Of course, you wouldn't. The proposal blatantly contradicts our GMP, and you're setting a dangerous precedent by rezoning what we have here. Economic patterns are cyclical, and the market will self-correct the housing disparities, which will ultimately solve the problem. And, lastly, let's not transform Naples into an overdeveloped urban area like Cincinnati. The developers aren't even from here. They're from Cincinnati. Nobody wants this for this community. Thank you. MR. MILLER: Your next speaker is Michael Puchalla, and then we're going to go back and try Stephen Kohlhagen on Zoom after this. Michael. MR. PUCHALLA: Thank you. Good afternoon, Commissioners. My name is Michael Puchalla. I serve as the executive director of HELP and the Collier County Community Land Trust, and I certainly appreciate the opportunity to come out today and speak in support of the Ascend project. And nobody will question you guys have an extremely difficult job in trying to manage the growth but also in access to housing opportunities within Collier County. As a HUD approved local housing counseling agency, we work with both current and prospective community members on finding attainable housing, and October 24, 2023 Page 158 it's becoming a bigger challenge, obviously, by the day. We're also working with -- directly with a number of employers in the community to provide information and resources on housing opportunities. Now, homeownership has become extremely difficult. It's a massive challenge. I go back to my own experience of lucky to have bought many years ago because right now, culmination of high home prices, high interest rates, high insurance costs, it's just a challenge, and that leaves renting as the only viable option for a number of the individuals and households that we come in contact with. And the reality is, we just simply don't have the supply of income-restricted rental units that are needed to support the workforce right now. It's become an economic development issue, and I think that's why you hear from so many employers on the topic. I certainly respect the concerns of the community. I personally went through this. I live directly behind the Allura apartment complex that was approved and developed a couple of years ago. As you all know, that had a 10 percent reserve for income-restricted units for households that were earning no more than 80 percent of area median income, and that resulted in 31 units. I've spoken to county staff. All 31 were recently monitored, and they're all occupied. And I also spoke to their property management office last week. They have a waiting list of between 140 and 150 people for those income-restricted units. So the project in front of you, it provides a commitment of an additional 71 units if approved. Our agency will certainly work with the county staff and with the developer to ensure that those units are fully occupied and at the appropriate income levels. So I'll make that commitment to you. So I thank you for your time. MR. MILLER: All right. Mr. Chair, I'm going to call on October 24, 2023 Page 159 Stephanie Kohlhagen on Zoom. Stephanie, I see you've raised your hand. I'm not sure why. I haven't had a chance to look at it. It just went up. You're being prompted to unmute yourself, Stephanie, if you'll do that at this time. She maybe is trying to tell me she doesn't want to speak. So let's move on to Amy Kurtz here in the room, and she'll be followed by Sue Schmidt, and I'll try to reach out to Stephanie here while Ms. Kurtz is speaking. Ms. Kurtz has been ceded additional time from Carolyn, wow, Sopue? Sapue? Sapew? (No response.) MR. MILLER: Donna Poach? (Raises hand.) MR. MILLER: Okay. And Rhonda Duey? Rhonda Duey? (No response.) MR. MILLER: All right. Amy, that's going to be six minutes, then, from the people that are actually here, okay? MS. KURTZ: That's fine, perfect. Good afternoon. Thank you for sitting through this with us. You know, I live on Cherry Wood Drive. I'm married -- sometimes fortunately, sometimes unfortunately -- to Jerry Kurtz and hear all the stormwater stories and -- but he's a good man, and we've had a wonderful time there and hope to have many more wonderful years. This is probably one of the most controversial rezoning developments that have come across, that I've heard of, because of the land that we live on. Golden Gate Estates, as you know, is very unique, and people are saying, well, there's no more land left. We talked to four of the commissioners. They're like, well, we're running out of land. Like, what do we do? Like, oh, my gosh; I guess we have to go to the Estates; that's all that's left. I find that October 24, 2023 Page 160 hard to believe. We can do some re-purposing. The Toys R Us, that's been on that corner for a long time. I know that. We're building thousands -- I've looked up where all the new apartments that are coming in, some started, some that are coming in. There's thousands and thousands of them. This is just one. And it's a smaller one, but it impacts us greatly, and it takes a big chunk out of our road. Thirty times the allowable density is going to make a big difference. Whether you wall it, whether you fence it. The sound. There's outside dog parks, which is great. I have dogs. There's going to be outside grilling areas, pools, you know, all the amenities, which is great for young people and old people. But, yeah. I mean, the sound is going to travel. I mean -- I mean, besides just the shooting sounds, we're going to hear a lot, and people -- there will be spillover. The people will not be -- you know, the kids will be on our street. They're not going to be on Vanderbilt Beach Road. They're not going to be walking their dogs on Vanderbilt Beach Road. They're going to be walking on Cherry Wood Drive where there's woods and the quiet and safety, and that's just the facts. That's what's going to happen. And people are saying, they're not coming over. They're not going to be on Cherry Wood. Well, I doubt that very seriously. They will be here. The excessive clearing of 15 acres out of 17 and a half? I mean, it's pretty much going to be flattened, and it's going to be, a lot of it, impervious. It's going to cause water problems on our street. It's out of scale, it's not compatible, and it's not really complementary. Architecture doesn't make an apartment building compatible; I don't think so. They're nice looking, but that's not compatible with what's around the area. And it's in the middle of the street. It's not even on a corner. It's right there. October 24, 2023 Page 161 I just want to say it really will deteriorate our quality of life and the harmony of our community. Basically, it will be like an ant colony just in the middle of your living room. Just pouring out -- people pouring in, people pouring out, and everyone else is living in the living room. It's just odd. It's destroying -- it will destroy the green space habitat. We have a lot of fawns that are born -- birthed in that area, and they come across to us. They come over to our house almost every day and drink out of our -- whatever we have of water out there for them. We have concerns about our wells and our water quality, what might happen to that. I mean, I know they're going to be on a separate system, but the runoff may cause issues with the aquifers, and we are concerned about that. It's also -- I don't consider it to be walkable. I mean, it's closer in, but it's not walkable. You can't really walk to the stores. You can't walk to the parks. I mean, you're going to have to get in the car and drive two or three miles to a school, to a park, to the store. That's just how it is. It's going to increase our traffic. This is -- this would be our fourth material alteration to our small community. We're doing a great job. You're adding apartments and -- for rent-reduced housing in appropriate locations. This just isn't one of them. It's totally adverse. It's totally disparate from everything Golden Gate Estates is. And, I mean, it's your decision, like my husband said. Do you want to break into the Golden Gate Estates area? Are you going to set a precedent for developers to come in? I bet there's people waiting by baited breath, realtors and speculators. Let's see what happens. I'm going to buy all along the new Vanderbilt Beach Road extension. I'm going to buy up some parcels because that's where I'm going to make my money. It's going to happen. It will set a precedent. And I know -- I know Rich has told me before, that's not going to happen. Well, yeah, I think it pretty October 24, 2023 Page 162 much will happen. And I'm not against apartments. I lived in apartments, too, but this just really -- we've got enough apartments going in. I don't think we have to panic and knee-jerk and just rubber stamp this one; I really don't. I think that's about all I need to say. Other -- one more thing. I do have over a thousand petitions, a thousand 200 -- or a thousand 25 petitions were signed from the Naples area, and then the Island Walk area had over 700. So the people clearly don't want this. I'm not saying all, but not [sic] many people that we petitioned -- signed the petitions don't want it. And, truly, it almost seems like a government overreach if this is approved. But I thank you for your time and your consideration, and I know this is not an easy decision for you, and I plead with you to be reasonable and not just go with this just because the developer's in town and he's got a good product. It's just not the right spot. MR. MILLER: Your next speaker is Sue Schmidt, and then we're going to go back -- well, now she's gone again. I don't know what's going on on Zoom. We have reached out. We've communicated with her. She wants to speak but, for whatever reason, she keeps dropping off. I will keep an eye on that. Sue, go ahead, please. MS. SCHMIDT: Good afternoon. My name is Sue Schmidt. I live in Island Walk, and I've lived here since 2001. So not as often -- or as long as some of you, but certainly feel like it's ingrained in me. So I saw a lot of changes myself. Vanderbilt Beach Road being extended to six lanes. I can remember trying to get home from Home Depot back in the day, and it would take you 45 minutes because you'd have, you know, just two-lane road. We know that beyond us and north of us there have been more October 24, 2023 Page 163 than 2,000 units built -- I think it's probably more like 3,000 -- and they are all coming down Vanderbilt Beach Road. It has become really very difficult for the travel. We came before you back in the day, when we needed a traffic light, and you guys were terrific. But I do remember one of the commissioners saying, you're not going to get it until somebody dies, and -- truth. That's the truth. Luckily, that didn't happen, and we got a traffic light. So we -- because we have 1,856 homes. We went before you again when we were hoping that we would -- instead of just putting concrete down the median of Vanderbilt Beach Road, what was in the plan originally was plantings and trees and shrubs. We were at a time -- of course, that was the bubble burst and the rest of it, but, luckily, the commissioners at the time found in favor of what we were asking for. There were other communities that came before you at that time. I said something at a meeting that I was at the other day that somebody said, you really need to repeat that, so I am, and that will probably be all I'm going to say. I lived on New York for most of my life. I never lived where I worked. I couldn't afford to live in Manhattan. I traveled back and forth every day on a train, two hours every day, because I couldn't afford to live in Manhattan. I would have liked to have lived in Manhattan. I was a teacher. I couldn't afford to live in the community where I taught, so I bought a house away from those two occupations. I think that maybe what the community or the -- Collier County and Lee County could be looking at, instead of forcing people to come and live here or doing what we're doing is, perhaps, make a better change for your public transportation so that you could start something in Cape Coral, Lehigh, Bonita, Estero, have them come into Naples and then disperse amongst there to where they need to go October 24, 2023 Page 164 to work. I hope you find not in favor of this particular proposal, and I'm done. MR. MILLER: All right. Commissioners, we're going to try Stephanie Kohlhagen on Zoom. Stephanie, you're being prompting to unmute yourself. I know you're having some connectivity issues. Let's cross our fingers here. Stephanie, you're being prompted to unmute, if you'll do that. (No response.) MR. MILLER: Apparently, her technical issues are going to persist. So we'll go away from that for a while. I'll ask my Zoom people to work with her off-line. Barry Hooey will be followed by Patricia Paramito. MR. HOOEY: Sorry. Hello. My name is Barry Hooey, and I'm a real estate broker based here in Naples. I own and have lived in Golden Gate Estates since 2013. I am against the rezoning ordinance for many reasons. Here are some: Apartments and properties like this are not what people who move here are looking for. Kim, my better half, and I know this from being a boots-on-the-ground real estate broker between hosting open houses and having people who move here reach out in many other ways. I have yet to hear anybody tell us that they're looking for a 575-square-foot home either to rent or to buy. People move to Golden Gate Estates to get away from communities. They do not need communities to be forced upon them to satisfy hidden agendas or to enrich a developer. We constantly have investors reach out to us looking for land to put in housing and make a quick buck with no regard for residents or ordinances. No part of this proposed development can be called affordable housing. It is an insult to our intelligence. I have seen similar terms October 24, 2023 Page 165 being used such as workforce housing and attainable housing. All part of hidden agendas that we don't have time to get into today. For those arguing that we need workforce housing, I agree, and I would be happy to provide many options that we already have here in Collier County where the occupants would have a much better quality of life without being crammed into a prison-like setting with 575- and 675-square-foot units which would, obviously, facilitate more of a transient occupancy or nature. As custodians, we have obligations to the people that had the vision to create Golden Gate Estates in addition to its residents and to pay it forward and pass on this wonderful, peaceful, friendly estate-type community to the next generations so it can continue to be used and enjoyed as it was intended. People who buy in Golden Gate Estates, myself included, do so because they prefer to live in a low-density country setting where we can fly the stars and stripes, have animals, fruit trees, raise beds -- a berm to responsibly shoot, have our own well and septic where we can basically mind our own business in a non-cookie cutter, peaceful, loving environment. From experience, people who buy in Golden Gate Estates do so to get away from communities and things such as the proposed Ascend Naples, for example. Please note there are apartments going in just south of there at Golden Gate Parkway and Collier Boulevard and many more at Immokalee Road and Collier Boulevard just north of there. I'm almost done, please. There are many additional reasons that I won't have time to touch on in my objection, both personally and professionally, to this proposed development. This proposed change affects people in all districts, not just District 3, as many residents in all districts here in Collier County have a Golden Gate Estates lot to build on in future or October 24, 2023 Page 166 a second home as an investment or for future use or have a son, daughter, mother, father, or friend that owns in Golden Gate Estates who would be affected. It affects us all. We must not allow a precedent to be set here. I'm not sure if anyone living here in this wonderful part of Southwest Florida wants to have their name associated with a decision that led to the destruction of Golden Gate Estates. I request that you vote no. Please reject this proposed rezoning ordinance for Ascend Naples RPUD in its entirety. CHAIRMAN LoCASTRO: Thank you, sir. MR. HOOEY: It would be the beginning of the end for freedom-loving Golden Gate Estates. Thank you for your time. I much appreciate it. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker was Patricia Paramito. (No response.) MR. MILLER: I called her, and I do not see or hear her. Let's move on to Rose Marie Verzella. (No response.) MR. MILLER: Donna Janine. Donna will be followed by Diane Oczkowski. MS. JANINE: Good afternoon, Commissioners. I'll speak slow, I promise. For the record, my name is Donna Janine. I am the director of government relations for the Greater Naples Chamber. I'm here on behalf of the Chamber to read into the record a letter of support for Ascend Naples. The Chamber supports CIG Communities' current proposition to create a multifamily development, Ascend Naples, located on Vanderbilt Beach Road just east of Logan Boulevard. This project appears to help address the severe shortage of workforce housing October 24, 2023 Page 167 initiatives in Collier County by providing housing affordable to nurses, teachers, police, firefighters, farmers, skilled trade personnel, and other human infrastructure professionals who are currently spending more than 30 percent of their annual salary on housing. Urban Land Institutes' guidelines define a worker as cost burdened if more than 30 percent of their income is spent on rent and utilities. With 1,100 members representing more than 50,000 employees, the Greater Naples Chamber recognizes the profound need of workforce housing projects so middle-income earners in Collier County can affordably live near where they work as opposed to commuting from another county where housing is more affordable; therefore, we support specific initiatives including, but not limited to, new state, county, and hyper-local policies, including changes to zoning and Growth Management Plans to incentivize the development of workforce housing. We support innovative, creative private and public/private partnership solutions to create workforce housing projects that will be affordable to employees who work in Collier County, and we support utilizing Senate Bill 102, the Live Local Act, which includes promoting workforce housing options in suppressed commercial areas and encourages the use of public property for affordable housing that will enable prospective housing developers to meet the need for affordable housing/workforce housing. CIG Communities' current proposal not only represents one of the many innovative solutions to benefit Collier County's workforce housing concerns, but it will also boost the local economy while supporting the long-term housing needs of our vital workforce for years to come. Thank you. MR. MILLER: Your next speaker is Diane Oczkowski, and October 24, 2023 Page 168 she will be followed by Grace Williams. Diane's been ceded additional time from Karen Harrison. (Raises hand.) MR. MILLER: She is here. John Griffin? (No response.) MR. MILLER: I don't see John. Carol Griffin? (No response.) MR. MILLER: I think they might have left. Richard Kretschmer? (Raises hand.) MR. MILLER: He is here. And Travis Pittman? (Raises hand.) MR. MILLER: So that is a total of four. You will have 12 minutes, Diane. MS. OCZKOWSKI: Thank you. Do I get three for myself? MR. MILLER: That is including the three for yourself. MS. OCZKOWSKI: Okay. Thank you. Hi, my name is Diane Oczkowski. Good afternoon, Commissioners. I am a resident of Island Walk. I've lived there over 22 years, originally as a homeowner. I love Naples. I've been here over 30 years, and I wouldn't move anywhere else. Our Island Walk homeowners association dues pay to keep our 170 acres of lakes clean and healthy for us, for our fish-stocked lakes, for our fishing tournament, and for other communities downstream. The Collier County staff report states that the Ascend project will have minimal impact on the surrounding area. This is flatly untrue. For the neighbors on Cherry Wood Drive and the Island October 24, 2023 Page 169 Walk community, clearing the 90 percent of the trees on the proposed site and raising the development by five or six feet with fill and concrete will not only make the two-story buildings look like three-story buildings in height, making them stick out like a sore thumb on Vanderbilt Beach Road with no tree cover, but the stormwater runoff from this raised concrete site with heavy metal and other contaminates from Vanderbilt Beach Road could pollute Island Walk's lakes. Our two permits for the lakes from the Army Corps of Engineers and South Florida Water Management would be violated, and Island Walk fined and forced to clean up our lakes with future legal remedies pursued against the developer, Collier County, et cetera. The neighbors' wells and septic systems on Cherry Wood Drive would be contaminated and flooded also along with the Harvey Canal water system downstream through the Golden Gate area and beyond. It would have adverse impact on quality -- water quality, wetlands, fish, and wildlife. Where will 450,000 gallons of water for every inch of rain go during our heavy rainy season? The second issue is the traffic. I stood daily outside our Island Walk post office since September 28th getting signatures for my petition against the Ascend PUD. I was able to get 786 signatures. This is the original petition, if you'd like to look at it, Commissioners. Let's see. And I would have gotten more signatures, more than the 786 signatures, but a lot of the residents were still away up north. The majority of Island Walk residents, as well as me, oppose the 208 Ascend apartments because of the high density, and it's not cohesive with its neighbors and their single-family homes on Cherry Wood Drive and at Island Walk. Ascend PUD will increase noise, lights, traffic, crime, and traffic accidents near Island Walk and Cherry Wood Drive and will impact both neighbors' quality of life and safety. At least 200 or October 24, 2023 Page 170 more vehicles exiting the Ascend PUD during the workweek from 7 to 9 a.m., and the same number of vehicles returning to Ascend from 4 to 7 p.m. daily will only add to the already aggravating bumper-to-bumper traffic during these hours and in season along Vanderbilt Beach Road. Vehicle accidents will increase as well as with the two U-turns planned for Ascend, because Ascend residents have to cross three lanes of traffic whether they travel east or west on Vanderbilt using the U-turns. The Ascend residents using the U-turn and trying to merge into traffic going west on Vanderbilt Beach Road during weekday rush hour when cars are bumper to bumper from Collier Boulevard to Logan Boulevard is near impossible and will cause more traffic backups in front of Island Walk. Also, the Logan Boulevard traffic light and the Island Walk traffic light are not synchronized, causing traffic to pile up in front of Island Walk, blocking their main entrance so residents cannot enter or exit Island Walk during rush hour during the week, and I have copies of the traffic congestion that's in the envelopes that I gave the commissioners. Let's see. The Island Walk residents are also concerned that if the Ascend PUD rezone is approved, then the developer could buy out the three homes west of his Ascend project that are located behind Island Walk's traffic light. One home is already for sale, and the developer could build another 200 or more apartments for a total of over 400 apartments with 400 to 500 vehicles using our traffic light, which will cause long delays for Island Walk residents entering or exiting our community. Collier County staff review mentioned that the proposed Ascend development will not harm public health, safety, and welfare, which is very untrue. The Ascend U-turns will increase accidents, especially school buses using the U-turns to go to Ascend to pick up October 24, 2023 Page 171 or drop off children, blocking views and causing potential accidents as residents enter and exit Island Walk. I also obtained a list of vehicle collisions from the Collier County Sheriff's Office Central Records Bureau from 2012 to 2022 covering the area of Vanderbilt Beach Road and Logan Boulevard in the vicinity of Island Walk. In 2012, there were -- there were 11 vehicle collisions, but in 2022, vehicle collisions jumped up to over four times to 47 collisions on Vanderbilt Beach Road near Island Walk. So as traffic has increased on Vanderbilt Beach Road, so has the vehicle collisions increased in front of Island Walk. Increased traffic from the 208 apartments at Ascend will only add to more vehicle collisions, harming health, safety, and welfare of Island Walk residents. I gave copies to the commissioners of photos of two vehicle collision incidents on the same day on 9/29/23 in front of Island Walk. One incident was in the morning; one incident in the afternoon. The commissioners have copies of that in their envelope, too. Vanderbilt Beach Road is now at capacity. We also get the overflow from Immokalee and Pine Ridge Roads, and it is heavily congested during rush hour and in season with bumper-to-bumper traffic and aggressive, hostile drivers who run red lights, cut you off, honk their horns at you, give you the finger, yell profanities, et cetera. I dread having to drive now along Vanderbilt Beach Road and wonder at times if I'll return home in one piece without a collision. The other aspect is that the Ascend PUD is in a bad location for its tenants, as there is no grocery store within walking distance. It is dangerous for tenants from Ascend to walk and cross three lanes of traffic to access the Winn-Dixie shopping plaza about three miles away. The CAT bus route does not go along Vanderbilt Beach Road, and there is no bus stop on Vanderbilt Beach Road. This further underscores the inappropriateness of this location for October 24, 2023 Page 172 affordable housing. At least the other housing development, Aspire Naples of the same developer, CIG Communities, is currently building on Immokalee Road is within safe walking distance to Walmart and is in a multifamily zoning area, so the developer is not attempting to change zoning against its neighbors. My questions for the developer to answer: What are the actual a.m. peak hours and the p.m. peak hours used for your traffic study, and during what days of the week was the traffic study conducted? I'm still unclear on that. Two, can you provide a noise mitigation study, especially where 90 percent of the trees are being removed for the Ascend PUD? Three, can you provide a study showing that stormwater runoff from the Ascent site will not flood or contaminate properties or lakes of neighbors of Cherry Wood Drive, Island Walk, Harvey Canal water system, et cetera? Four, I was told that the development's Site Development Plan is not available until after the rezoning is approved. Why can't the public see the developer's Site Development Plan now before zoning approval? Five, with all the apartment buildings at -- will all the apartment buildings at Ascend be handicap accessible and have wheelchair accessibility? Six, can you provide a study on Vanderbilt Beach Road extension to Wilson and DeSoto Boulevards and show the impacts of increased traffic from this completed extension to major arteries such as Vanderbilt Beach Road west of Collier Boulevard, Pine Ridge Road, Immokalee Road, et cetera? Seven, can you provide a traffic study on the Falls of Portofino with its 246 townhomes and one- and two-car garages and also Bella Vista affordable apartments behind Vanderbilt Commons and both their impacts on traffic in front of Island Walk? October 24, 2023 Page 173 Eight, is there an on-site monitoring of how many tenants and vehicles can be allowed at each Ascend apartment, and is there monitoring of the developer's attainable rent charges in the future? Nine, Ascend Naples is not even affordable housing. It's attainable housing, and are service workers with 30 to 50 percent median income allowed to live in these apartments along with those who have 80 to 100 percent median income? Ten, how about thinking outside the box? Can the developer explore alternative sites for affordable housing? For example, the empty Toys R Us building in the Bed, Bath, and Beyond Plaza off Airport and Pine Ridge Roads, the empty K-Mart store off Golden Gate Parkway, the abandoned church property beside Physicians Regional on Collier Boulevard, the empty Stein Mart building at Marketplace at Pelican Bay off of U.S. 41, et cetera, also various lots east of Collier Boulevard that would be bigger lots and more affordable to purchase instead of squeezing this high-density Ascend project between single-family homes on a tiny lot in an inappropriate, non-cohesive location. The goal of proper zoning is to protect the public health, safety, and general welfare. This spot rezoning of the Ascend PUD abandons these protections for the public with the potential for increased vehicle accidents with the added traffic from Ascend, and the purpose of zoning is to eliminate potential conflicts between incompatible land uses. This Ascend PUD creates conflict and is incompatible with its neighbors on Cherry Wood, with Palm Royale Cemetery, and with its neighbors across the street, Island Walk. For all the above-stated reasons, I sincerely implore our five Board of County Commissioners, Rick LoCastro, Burt Saunders, Bill McDaniel, Dan Kowal, and Chris Hall, to please vote no on the rezoning and no on approval of Ascend RPUD. We would expect our commissioners to stand up for us, your constituents, and not the October 24, 2023 Page 174 developers. After all, in next year's reelection, developers do not vote, but we sure do. Thank you, Commissioners. MR. MILLER: Mr. Chair, I just wanted to -- she was given three more minutes while she was speaking. I wanted to make that clear there. All right. My online speaker, Stephanie Kohlhagen, has come and gone and come and gone, but I did manage to get from her she is opposed to the project, and we'll just leave it at that, because she continues to drop here. Your next speaker is Grace Williams, either podium, and she'll be followed by Michelle McLeod. MS. WILLIAMS: Thank you. Good afternoon, Commissioners, and thank you for all the people who felt that this was important enough to be here, as I. I am Grace Rondinelli Williams. I am an Island Walk resident for the last 13 years. My husband and I originally came from densely populated New York City, and I will reiterate that the people of the city, densely populated, never believe that they can live and work in Manhattan. Everybody spreads out. We go -- we commute into the city, and we commute back out to legitimate and decent housing if we're middle income, and if we're not, we get assistance -- people who are not get assistance from the government. We have all too often witnessed powerful realtor, developers, and county officials working together, resulting in rezoning previously protected green space in order to build profitable real estate properties under the guise of providing needed affordable housing. People of middle income would never attempt to live in housing of this size. It is an insult, and adding insult to injury of stating this is for them. It is not. It always resulted in destroying established neighborhoods and green space, and it causes property devaluation of surrounding October 24, 2023 Page 175 homes, overcrowding and congestion on the roads, which was clearly shown today and was shown in September, and that leads to conflicts and accidents on the roadways. Construction pollution is a given to surrounding areas both foreseen and unforeseen, intensified during storm seasons. Long-time homeowners selling and relocating because they no longer want to live in the completely changed area that they had originally invested in when they bought and/or built their homes. The planning commissioner's chairman had asked for, in September, and received developer agreement that advertising of the rental property would be targeting desirable renters. He then agreed, based on that statement of appeasement, to vote yes for rezoning and the subsequent development; however, the law states federal statutes dictate that targeting specific renter populations to exclusion of others is completely discriminatory, illegal, and prohibited by federal law. All these negative impacts were presented. We ask you -- the commissioners today to stand up for your community, not the developer; support us, not the developer. We are your constituents. And we hope that you will see that our arguments have great weight and that the developer is inappropriately attempting to utilize land that they should have never gotten involved with. Thank you. MR. MILLER: Your next speaker is Michelle McLeod. She'll be followed by Cari Jones. MS. McLEOD: Good afternoon, Commissioners, Chairman LoCastro. For the record, my name is Michelle McLeod. For those of us who have lived in Collier County for many years, we have seen our community struggle to keep up with the demands of workforce housing. In fact, housing affordability is the number-one concern for residents here in Collier County, as indicated by the recent community -- Collier Community assessment survey, October 24, 2023 Page 176 and this concern is spread out over all addresses here in Collier County. Being that housing is such a big challenge for us in the community, just about every board I serve on, whether it's the Urban Land Institute, the Women's Foundation, the Collier County Community Land Trust board, we're all talking about how to address housing needs and housing challenges in our community. With this in mind, in looking at the big picture as to where workforce housing should go, we know that the most ideal location is near high service areas on major thoroughfares with long-range transportation plans built to meet and address the future commercial and housing needs. This proposed location for Ascend Naples on Vanderbilt Beach Road fits that bill because it's close to schools, close to employment opportunities, close to shopping, and these infill projects also help to meet the appropriate community service levels, and it can also help to reduce traffic from otherwise service personnels that are coming in from outside the county to meet our service needs. A more thoughtful, forward-thinking plan in urban planning is necessary to help meet the challenges that we have here in Collier County, especially as we talk about housing. Your support of this project will do just that. Down the long run or down the road, I have no doubt that we will look at this project as a good decision for our community. Thank you. MR. MILLER: Your next speaker is Cari Jones. She'll be followed by Todd Lyon. MS. JONES: Good afternoon, Commissioners. I think it's wonderful that there are so many lifelong residents and retirees here participating in this process. And what I ask of you is, don't we want that available to the next generation? I don't see supporting this October 24, 2023 Page 177 project as supporting the developers. I see it as supporting the future of Collier County. And I'm a small business owner, and I'm a full-time resident of Golden Gate Estates. And I'm fortunate to be a homeowner here in Naples now, but I had to start somewhere, too. And I moved here 10 years ago to take a position to help rebuild the membership at the Naples YMCA after it burned down from the fire. Ten years ago it was difficult for me as a young professional to find housing here. And I wasn't fresh out of college. I had had other jobs. I had, you know, well-paying jobs. It's just I was a single young professional, and this was a hard county to move to when I was given two weeks to move here in November. What I could find was a 500-square-foot apartment. I know a lot of you laugh at 600 feet square feet but, you know what, what I lived in, I found out it was a privately converted small nursing home that had massive electrical issues and plumbing issues. And you know what, I would have gladly lived in one of these units until I could have, you know, hopefully afforded my own home and stayed in Collier County. I think it's terrible that we're villainizing and labeling neighbors that we haven't met yet just because they're not as lucky as you to be homeowners here. And I have that ability to look back and be thankful that I did find a place. But, you know, how are they automatically less worthy to live here and serve you as teachers and nurses and first responders just because they can't afford to buy a home here and this is a place for them to live? I ask you to think of the next generation of leaders in this county, think of the professionals who go to college here and then instantly move away because they can't afford to live here. You know, my business exclusively serves nonprofits, and it has October 24, 2023 Page 178 continually grown since 2016. The thing is, I can't afford to bring talent here. I have tried to hire local talent. I have tried to bring talent down here. It doesn't compute. So I have a ton of remote work sources. I'm paying taxes in three different states on employees because they will not move here. It's just unaffordable. And I don't know how we're supposed to continue to attract young professionals, like I was 10 years ago, to come here and be the future of the county if we can't welcome them and have a place to live. And this problem's not unique. The nonprofits that we serve, I'm hearing anecdotally they are in the same boat, all right. Development directors, marketing directors, people who want to work in these nonprofits, people who I was 10 years ago aren't here. And so my business is growing because they're hiring us to come in and fill these roles that they can't attract talent. I love living here, and I love what the Estates are all about. I understand it. I hear the frustration, but we need to make projects like this a priority, or we're not going to see a next generation of young people in come and lead. Thank you. MR. MILLER: Your next speaker is Todd Lyon. He'll be followed by Barbara Evans. MR. LYON: Good afternoon, Commissioners. Thank you for letting me speak here today. My name is Todd Lyon. I'm a former resident of Island Walk and currently live in Raffia Preserve about two miles from the location that's been suggested today. I want to thank you for listening to all your constituents -- people have used that word a lot -- keeping in mind that many of your constituents are in support of this project for various reasons. October 24, 2023 Page 179 I've heard a lot of people talk about traffic. I do want people to remember that many of the employees are emergency workers. These are 24/7 positions. I work at NCH. I'm the director of -- the administrative director of human resources. Our nurses report at 6:30 or 6:45 in the morning; before, we talked about that morning rush. They get home at 7:30 at night after their shift. They're weekends. They're during the day. Same for our first responders. So as we're thinking everyone's going to be leaving for work at the same time, it's simply not the case. I drive that street twice a day bringing my daughter to Vineyards Elementary School. I love Vanderbilt Beach Road. I love where I live. I love Collier County. What I'm hearing is a lot of people that are speaking of some inconvenience, and I would like people to think for a moment. If the inconvenience is adding time in the morning to your commute or on the way home, think about the inconvenience when there's no teacher in your child or grandchild's classroom or the inconvenience when there's no nurse in the emergency department when that is needed. I think it's a matter of looking at priorities. I also want to know why there's an assumption that these people need to be able to walk and that they won't have cars, and there's talk of ants coming out of an anthill. These are important members of our community. These are our teachers, our first responders, our firefighters. I don't understand why there's a stigma that because people aren't making well, well into the six figures there's not a place for them in Collier County and that we don't need them. Our assumption is that they will be here for us but, yet, we're not willing to help them to give them the resources they need to build their lives here in our county. People are also talking about not being able to live where you work, and I also lived in New York City for 14 years, and I know about that commute. I'll tell you what it leads to. It leads to October 24, 2023 Page 180 burnout. So, yes, you're right, people can commute from Lehigh and from Fort Myers and some people from Fort Lauderdale, but they're not going to be sustainable here. And what does that mean? That means turnover in our jobs, which means lack of cohesive and ongoing support that we need in our workforce. It also leaves -- has a lot of money leaving our community. Forty percent, four zero percent of our workforce, the second largest employer in Collier County, 40 percent live outside of this county. Think of the dollars that are leaving our community that could help us grow if they could live here in our community. I would also like to just say, I'm a proud member of the Affordable Housing Advisory Committee here in the county. I've been on that committee for about 10 months. We look at all of these projects. This is a well-designed project. I think the location is perfect based on what the needs are in that area, and I do hope that you do listen to all of your constituents and support this project. MR. MILLER: Your next speaker is Barbara Evans, and she will be followed by Laura Bright. MS. EVANS: Good afternoon. My name is Barbara Evans. I am the president and CEO of the Education Foundation of Collier County Champions for Learning. Education is in a state of crisis. Recruitment and retention of teachers remains a serious struggle, reaching record-breaking levels. Affordable housing has become a growing issue for Collier County's educators. Awareness for the lack of affordable housing for educators began to surface back in 2017 when the Urban Land Institute reported that educators had been priced out of the local housing market back in 2017. The lack of affordable housing is an issue that no longer only impacts people who are living in poverty. Many working individuals and families are struggling to locate and secure opportunities for affordable housing due to rising rent and October 24, 2023 Page 181 home prices, higher utility expenses, and increasing mortgage rates. The Florida Department of Economic Opportunity states that 61 percent of Collier workers cannot afford even a one-bedroom apartment in Collier County. Unfortunately, the situation has only grown worse and has been exacerbated by the pandemic and Hurricane Ian. Speaking of Hurricane Ian, I spoke with CCPS officials on the Saturday after Hurricane Ian hit. I learned that they wanted to reopen schools on the Monday after the storm but could not. Not because our schools had sustained significant structural issues but because there was not a workforce. They shared that more than 20 percent of their workforce lived outside of Collier County. Selfishly, as a parent who wanted her kids back in school and professionally as the CEO of the Education Foundation Champions for Learning, I knew we needed to do what we could to anchor educators and help address their housing issues. Champions for Learning built an educator grant application in partnership with CCPS to address the housing needs of CCPS educators. We received a total of 179 applications. Of those applications, 53 educators lived outside of Collier County, which is 30 percent of the applicants. Only 15 educators lived in neighboring Bonita Springs and Estero. The vast majority were further north or east, spanning Fort Myers, North Fort Myers, St. James City, Lehigh Acres, Cape Coral, Port Charlotte, Venice, LaBelle, and Fort Lauderdale. These educators are spending ridiculous amounts of time in their cars commuting in and out of our county. Research continues to link long commutes to a host of negative health impacts starting with the lack of exercise, which leads to obesity and cardiovascular issues; loneliness and depression; lack of sleep; higher levels of stress, just to name a few. October 24, 2023 Page 182 Our educators are already taxed given how understaffed our schools have become. And let me be clear, the primary driver of our schools being understaffed is the lack of affordable housing. To have quality schools, you have to have housing that our educators can afford. On behalf of the Education Foundation of Collier County, I implore you to look favorably on this development and its inclusion of affordable housing, especially for our educators. Thank you. MR. MILLER: Your next speaker is Laura Bright. She'll be followed by Richard Miller. MS. BRIGHT: Thank you, Commissioners. My name's Laura Richardson Bright. My husband and I have worked in Collier County, both for local nonprofits, for the last six years, but due to the high costs, we have chosen to live in South Lee County where it's more affordable. And I will tell you that the situation has not improved over the years. In fact, it's gotten so much worse. We now have two young kids and continue to be priced out of Collier County, despite the desire to be in Collier County school districts. And we aren't the only ones forced to make this decision. I am also the president of the Young Professionals of Naples, and I often hear from newcomers and veterans from the organization alike that though they work in Collier County, they can't afford to live here because of the cost to rent or buy a home. With over 180 active members, it is the largest young professionals organization in Collier County, ages 21 to 45. CIG came and spoke to over 80 of our young professionals at a recent event. A majority were in favor of this. And please know that others did wish to be here, but as a young professional to take a day off of work to be here is a significant challenge. October 24, 2023 Page 183 There's something else. I also work at the Golisano Children's Museum here in Naples, and the cost of housing means that when we have jobs open as educators, facilities staff folks, marketing, advancement, we limit our search to people who live in Southwest Florida, and it's a huge struggle to find candidates, and especially leading the advancement team. It's something that we prioritize, and we have had multiple candidates, after we've offered the job, turn it down once they realize they cannot afford to live here. I'm excited to see that this is a continuing commitment to Collier County and with the Ascend Naples project. The museum is located nearby the Aspire Naples location. We're excited about the possibility that some of our team members might be able to live just minutes away instead of 45 minutes to an hour and a half. Expanding access to affordable workforce housing throughout Collier County will help workers, such as educators who work at the museum, live closer to where they work, and young professionals who are all upstanding citizens, I must say, some are single, some are couples, some have families. So they really are representative of lots of different entities. So it's a concern, but I think this is part of the answer. It would allow more people, including essential workers, young professionals, to live here and contribute to the overall economy. And I encourage you to approve the Ascend Naples request on behalf of myself and the many young professionals in Collier County. Thank you for your time. MR. MILLER: Your next speaker is Richard Miller. He'll be followed by Rae Ann Burton. Mr. Miller's been ceded additional minutes from Diane Kurtzborne. (Raises hand.) October 24, 2023 Page 184 MR. MILLER: So he will have a total of six minutes. MR. RICHARD MILLER: Hello. My name's Richard Miller. I live on Cherry Wood Drive. My big concern is water. The runoff from this property is probably going to cause a lot of flooding. We had no problem with the road going under water until they put the cemetery in, which was 25 acres. They clear-cut it, backfilled it nine feet or eight feet, and now the runoff from that has caused us to have floods on heavy rain occasions. Irma gave us water up to my knees in the middle of the road, which is, you know, extreme, to say the least. But I think that's the biggest problem is where are they going to store their runoff water from their 17 acres? You take 12 inches of water in 17 acres, you're talking 5 and a half million gallons of water. That's a lot of water. And the other part that bothers me is the turning -- making that left-hand U-turn. I went to physical therapy the other day right over there on Vanderbilt. I went to make a left-hand turn into the parking lot area there. It took me four minutes and 18 seconds to make the turn because of traffic. So just imagine 200 cars coming out of this place trying to make a left-hand turn at a busier time than when I was there. I was there at 9:00 in the morning, and it took me four minutes and 18 seconds to turn. Can you imagine at rush hour what it's going to be? It's going to be backed up to no end. And as far as the apartment thing going on, you look on Google, places that have been built in the last three to five years -- or three to four years are advertising apartments for rent, one-, two-, and three-bedroom. Granted, it's probably the high-end ones, not the affordable ones. But if they can't keep the high-end rented, they can't afford to do affordable, and that's what you've got to look at. You're going to turn this into a motel -- a hotel desert or apartment desert, and they're October 24, 2023 Page 185 probably all going to get sold off as condos because the people running them won't be able to run them because they can't rent them. And that's what -- the big problem you're going to have with that is a lot of empty buildings. And I think what one person brought up was very true; you should go after Toys R Us. On Green Tree, you've got the empty Sweetbay there. That could be gutted and put an eight-story building there with apartments in it. It would be okay. Give the landlord a break. Give him a free permit to do it. Give him the incentive. We give incentives to corporations. Why not to people to buy -- to build apartment houses in proper places? And that's about all I have to say, but thank you, and I appreciate you guys listening to everybody. I wouldn't want to do this every day. MR. MILLER: Your next speaker -- CHAIRMAN LoCASTRO: Remember that when we vote, okay. We vote, too. MR. MILLER: Your next speaker is Rae Ann Burton, and she'll be followed by Michael R. Ramsey. MS. BURTON: Good afternoon. I wasn't going to speak on this. I gave my three minutes, but evidently it didn't get accepted, so I'm speaking. My name is Rae Ann Burton. First, this project is against the -- I'm not against affordable housing. That's not the problem. The problem is, it is not cohesive with a residential area. Two, it is homes that are owned. They're not rentals. Three, it needs to be built with -- if the GMP has to be revised, then there's something wrong with it. That was created to protect the residents. You cause sprawl out there in Golden Gate. Have you looked at the urban areas with the developers? They look like -- they're unreal. October 24, 2023 Page 186 I have lived in Fort Myers, and I drove. And I worked at South Seas in Sanibel. It took me an hour just to get to Fort Myers. When I lived in Fort Myers, I also worked at Naples. It took me another hour. The only time it got shorter and my gas price went down was when I moved to Golden Gate Estates. Yes, I'm one of the lucky ones. I'm able to afford a home. My fear is this development keeps going and going. I could actually be priced out of my home. I'm on Social Security. That is all I have. You need to protect your constituency, sorry. Any major changes should go before the voters, not be made in a meeting here by five people. You say I can't represent my Golden Gate Estates, but you five people represent all of us. We voted for you. We put you in the authority over us to protect and to ensure our quality of life. Not just for man, but for our wildlife as well. I used to have birds and animals in my backyard. I see more of them dead on the road than my backyard. I will hope you vote against it. It's not against affordable housing. It is against of where it is. Thank you. MR. MILLER: Your next speaker is Michael R. Ramsey. He'll be followed by Fernando Silva. MR. RAMSEY: I'm Michael Ramsey. I'm the president of the Golden Gate Estates Area Civic Association. The Estates Civic has a major concern with this process of the GMPA and the rezone for Estates-zoned properties. Specifically, there appears to be an issue with due process. Information needed by the residents on Cherry Wood and Island Walk that should be present at this hearing is not here. Specifically, it has to do with the petitioner not addressing the issues of stormwater runoff. It was stated that that will be taken care of later in the surface water management permitting. That information should be October 24, 2023 Page 187 presented now at this hearing for the residents to hear, and it is not. The residents are not allowed to hear the impacts of water quality and quantity on their adjacent properties on Cherry Wood and in Island Walk because of that issue. The Estates Civic feels that these -- the petitioner should not be allowed to proceed with these petitions until this information is presented. It is essential for the people who are affected by this project to hear this. And to give you an example, you do that with a traffic impact study, but you don't do it with water quality and water impact. The Estates Civic believes this needs to change for all of these processes. It's a due process issue. I'm done. MR. MILLER: Your next speaker is Fernando Silva, and he'll be followed by Flavio Forgaciu. MR. SILVA: Yes, Fernando Silva. I appreciate your time. I see that a lot of people are on these area of Cherry Wood for 30 years, 40 years. I'm there for about two weeks, maybe three. But this country is about, you know, We the People. I move into this country with $187 in my pocket without knowing anybody in this country, and I was able to buy a house there because I work hard. I was able to build a house there. So now they are talking about affordable. This is not -- I work -- now I have business that is with affordable housing. This is not -- no way close to affordable. This is expensive. This is a prime location. They're painting this as an affordable house. They keep on saying -- a lot of people -- and it's a real -- they've (unintelligible) because I see all the community getting together to speak, trusting you guys, because we voted you guys to be here on our behalf, and we don't see one institution in favor of us. All the institution in the Collier County is in favor of them. I wonder why. We feel like we're alone here, and we need you guys to listen to October 24, 2023 Page 188 us, the community, and say -- and if this is a precedent for another, the entire rural area, which it has a document made by you guys, signed by you guys, reviewed for us to keep it the same way, the way it is now, and they wanted to change it. And they cannot be here and be real. This is about money. This -- I mean, come on. And the dates on the other meeting -- today was not specified, but the other meeting they're like, oh, we're going to give a notice for 30 days or 60 days. And after that, we're going to rent at the market price. I do business. I know they're not looking to help the community. I know they're looking for getting the maximum amount of money. Anybody that does business know that. You get the maximum amount of money that you can get out of your business. You know, if they're looking for that, give 100 to half of the units for affordable and only affordable. They will never do that because they know that's not business there. They're here for the money, and that's the reality of what we're here to decide. And we entrusted you guys to make a decision for us, for the citizens. We pay our taxes, you know. We are the ones that work hard. I mean, a lot of -- we have kids that go to school. We need teachers. We need all of them. How many teachers are here advocating for that? How many teachers? Have we seen any teacher here, oh, because I need affordable house? No. It's all made up. It's a lot of people, you know, together -- put together nice presentation for us to allow something that's totally out of the place. I'm in favor of affordable housing. I work with it. I understand what affordable house does to people. But this right here on that location on that price, they know if they're going to buy something to build -- something like they're building in the right place, it's going to cost a lot more money. And how can they change something that's -- a document that's October 24, 2023 Page 189 already set on their behalf? And we, as a citizen, are asking, please listen to us, hear us, and don't approve that request. That's all we're asking as a citizen. You know, and once again, I'm here on behalf of me and my family. I have videos here. After that day, the first day that we had a meeting here, September 22nd, there was a deadly accident, a motor -- somebody died on the corner of Vanderbilt and Livingston Road, the same day. And after that -- I have another pictures here, if we're able to put it in, the pictures, of another five accidents all in the same area. I know he's saying I have -- I have -- look, there's no endangered species. This was Sunday. Look, look at the video. My kids are on the street in front of the building, and there's no wildlife there? This is Sunday. I have the video here, the deer family crossing the street. On the last storm that we had there, I have a video for my property. I just built the property, and I was like, okay, what did I get into? Because it's flooded. I mean, the entire property. I have the video to show, if you are able to put it in. The entire property is full of water in front of the -- those are the accidents. Look, this is after the day that we had this meeting, all these accidents. They say, oh, we're not going to change the traffic. And imagine when they open for everybody, for the Rural Estates to come into Vanderbilt. That's on Logan. CHAIRMAN LoCASTRO: Sir, thank you. Thank you very much. MR. SILVA: Okay. One more thing about the flooding, if you allow me. CHAIRMAN LoCASTRO: Sir, thank you very much. MR. SILVA: At least see the video to see -- CHAIRMAN LoCASTRO: Sir. Sir, thank you very much. October 24, 2023 Page 190 MR. MILLER: Your next speaker is Flavio Forgaciu. He will be followed by Jackie Keay. MR. FORGACIU: Thank you for listening today. I live at 5237 Cherry Wood, which is just two lots west of this development. I moved there 2021. I purchased the double lot. I purchased the home that needed a renovation, a complete renovation, and it came with an empty lot next door because I want to build my new home on the empty lot, and that's the reason that I purchased the home. And I remodeled it, and I put probably over $500,000 in there. And when I -- and I added a garage to it, and they made me tear off all the backyard because it had Brazilian peppers. So one of the things that's going to probably happen over there, too, is all the vegetation's going to have to go. But I like to take this from a little bit of a different angle because some of the speakers that spoke here said it's -- you know, it's because we want to be not -- it's about inconvenience for us. Inconvenience is me putting my house on hold because I have -- I'm ready to build, and I found out that this was going on, so then I put my house on hold because I don't want to build my dream house, which is 5,000 square foot, because I worked hard all my life. I'm a licensed builder for 25 years, too. So I worked all my life. I moved here in 2020 from Michigan. So I am able to build my dream home because I worked for it. But I put that on hold. That's inconvenience. But this is not inconvenience, gentlemen. This is about safety. This is about safety. It cannot be allowed for them to make a right-in, right-out for 208 units. Please, just go there in the morning, like Fernando said. Go in the morning, go in the afternoon, go in the evening. It's a lot of traffic there. Make them put a light. If you're going to vote yes on this -- because you have a tough job to do, and I'm sure you do a great job at it -- but if you will do that, make them October 24, 2023 Page 191 put a light. They cannot go right-in, right-out. Everything is a U-turn in Naples, and then we wonder why there's so many accidents. Everything is right-in, right-out. Go over there, make a U-turn. And then they said something about a thousand feet to make a U-turn, but how long is the U-turn itself? Because if you're trying to cross three lanes -- and it's just impossible to do. You'll probably get five cars out at one time, and after that, it's going to be a safety issue, an accident, because somebody's going to try to sneak out to get to the U-turn lane, and they're going to have to brake not to hit the person that's already in the U-turn lane, and somebody's going to come and T-bone that person. And it happens all the time. So it's about safety. It's not about inconvenience. If affordable housing is needed, perfect. Let's do it. But it's about safety, not about inconvenience. It's about privacy as well. Let's make them put a barrier. They did a beautiful 3D drawing of their apartment, but they didn't do that for the barrier, and we asked for a barrier. We asked, give us a barrier. Give us a cement wall like Logan Farms is doing right at the end of Cherry Wood and Logan, and then give us some clusias or something on our side, not just the tall vegetation trees that people are going to just be able to go through it. And that's really what I would like to just say. It's about safety. It's about privacy. And if you're going to put a barrier around the whole property, then do it around the whole property. Don't just do it on Cherry Wood and next to my house. Do it on the side by the canal, too, so people cannot get out the other way, because that's what's going to happen, and all that traffic will just bleed out on Cherry Wood. So just be fair and make them do the right thing. And, lastly, I'm sorry, a water detention pond. That is needed, gentlemen. We cannot just accept for that to run off. We're not October 24, 2023 Page 192 even talking about storm, Ian storm or something that large -- CHAIRMAN LoCASTRO: Thank you, sir. MR. FORGACIU: -- but we need a water retention pond -- CHAIRMAN LoCASTRO: Thank you, sir. MR. FORGACIU: -- because you'll never -- one last thing, please. CHAIRMAN LoCASTRO: Sir, sir. MR. FORGACIU: You'll never have somebody -- CHAIRMAN LoCASTRO: Thank you. MR. FORGACIU: -- who's done a professional survey opposing it, right. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Mr. Chair, your final registered speaker for this item is Jackie Keay. MS. KEAY: Good afternoon. My name is Jackie Keay. I am the veteran outreach team director for The Journey Home, and our audacious mission is to end veteran homelessness. I am, of course, in favor of this, but I do have a request. I didn't see the veterans or the name "veterans" on the list of essential workers, and I would really like to see that because there are a lot of young veterans, young professional veterans who are actually going homeless now. I know in the moment I'm working with a couple of veterans who are still homeless. We cannot afford -- or they cannot afford to find a home in Collier County, get a lease so that they can get the funding on the other side. So, again, that's another frustration that I'm dealing with. How do you get a lease when you cannot afford the cost of apartments or housing in Collier? I'm not sure how to do that. But, again, I am in favor of this project because I'm just sick and tired of veterans going homeless. October 24, 2023 Page 193 One of the things that we do know is that it's more cost effective and less expensive to help a veteran retain their home as opposed to helping them find housing. So in our organization, my boss and I, Elden Solomon, we've just been laboring this, and we came up with the idea of working with EMS specifically as well as first responders. Oftentimes, they're the ones that have first contact with veterans. And part of that process -- we'll be meeting with Chief Butcher in about a week. But part of that process is for them to ask specific questions related to their risk factors. Obviously, oftentimes EMS or first responders are called out when veterans are in crisis. So if we can reach them at the point to find out if they are at risk of going homeless or if they're having any issues with the housing, we can help them on that end instead waiting until they are actually homeless, because once they are homeless and oftentimes isolate themselves from society, it's very hard to get them rehoused. So, again, I bring concerns, but I'm very focused on bringing solutions and solutions that make sense. So thank you all very much and, again, I am in support of any projects that we can put on the -- in the pipeline that's going to provide housing for all community members. Thank you. MR. MILLER: Mr. Chair, inconceivably, I'm in error. We do have one more speaker. MS. KEAY: You're not perfect? Oh, my God. MR. MILLER: Diane Oczkowski has been ceded additional time from Paula, is it Benham? MS. REED: No, it's Kim Reed. You lost my paper. I had somebody cede me time. MR. MILLER: You're Kim -- MS. REED: I'm Kim Reed. I don't know -- COMMISSIONER McDANIEL: How do you do? MS. REED: So I emailed all of you. October 24, 2023 Page 194 CHAIRMAN LoCASTRO: Well, Mr. Miller, we'll sort it out. MR. MILLER: Okay. You're Kim Reed? MS. REED: I'm Kim Reed. MR. MILLER: Okay. Well, I don't have a slip from this young woman, but I did have someone try to cede time to her. So I'm going to go ahead and give her the 6 minutes that she would have had with that ceded time. CHAIRMAN LoCASTRO: But you have no slip from her? MR. MILLER: I don't. I'll go through my pile again, but I don't recognize it. MS. REED: It's only three minutes. CHAIRMAN LoCASTRO: Go ahead, ma'am. You have three minutes. MR. MILLER: Three minutes. MS. REED: Thank you. Really quick. I emailed all of you, and for the three that responded to me, thank you so much. I very much appreciate it. I am -- I transplanted here as a single mom 20 years ago. I'm a property manager. I'm a broker. I'm a real estate agent. I work in affordable housing. I have 30 senior units in Immokalee. I have low-income housing in different areas in Naples, and I have apartments available to veterans, whoever need it. My son served. My ex-husband served. I help the elder. I'm not saying affordable housing's not okay. I'm saying this is the wrong place for it, okay. I right now can tell you that there are units available on the market, affordable. My company personally has a unit that's been in Naples Park, a two-bedroom, one-bath for 2,000. They can have two bedrooms, one bath for 2,000. That's over 900 square feet, not 575 for 1,700, okay. It's there. You have to look for it. I reach out to all the organizations. And I think it's important October 24, 2023 Page 195 you should know that. But I'm also a resident of Cherry Wood Drive, and this is going to impact us. There's a video for the flooding just this past week. MR. MILLER: This is the only video I have. I don't think this is of flooding. MS. REED: Okay. MR. MILLER: This is video -- this is the video I got from you. MS. REED: So maybe you didn't get the links I sent. I sent two links after that. MR. MILLER: I will look. MS. REED: Anyway, Cherry Wood floods as long as it rains, okay. Don't think that it doesn't flood or we need a 100-year storm to flood or anything like that. The runoff is impactful. Forty-five feet, after they're done raising the level so they don't flood is going to flood us. And that's how tall it is. That's bigger than us. That's bigger than Island Walk. It's going to be a sore thumb. You might as well stick a church with a steeple because that's how it's going to stand out. Everything I needed to say I said in my emails to you, but I just wanted to reiterate it. But just last week Cherry Wood flooded. Thank you. MR. MILLER: I'm sorry, I don't have the video, sir. But that is your last speaker. I don't know if this was filled out in error or not, but I did find her slip. Unfortunately, it was marked as her ceding time to Jerry Kurtz. So I don't know where the flaw came in, but I did have a slip for her. COMMISSIONER McDANIEL: It's all good. CHAIRMAN LoCASTRO: Okay. I think we're going to take a break now, and then -- why don't we come back right at the top of the hour, 5:00. (A brief recess was had from 4:43 p.m. to 5:00 p.m.) October 24, 2023 Page 196 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. If we could have everybody take their seats. Everybody in the back, if you can sit down so we can start on time, please. Okay. Applicant has the mic. MR. YOVANOVICH: Thank you, and good evening. I'm going to -- we're going to break this down into three of the primary issues that we saw, and we'll do brief responses to those: Compatibility, traffic, and water management. I wanted to start off first with, you know, Jerry Kurtz said to you plans are amended and changed and, in fact, the County Commission has recently amended its Comprehensive Plan to address affordable housing in the urban area, the rural fringe, and the RLSA. We're asking you to do a similar amendment on a small parcel on the perimeter of Golden Gate Estates to address a very important issue, and we're going through the proper process to do that. I'm going to -- the last speaker said that he would prefer a wall instead of a fence. We're happy to build a wall internal to our project on our side of the preserve so we don't impact the preserve. If he wants that change in our document, we're happy to make that change. Before we get up and address water management, I mentioned to I think all of you when I met with you, that we recently put the neighbor's property -- the neighbor on the west's property -- under contract. We did that for two reasons. One, we wanted to deed restrict that it could never have residential homes on it because they were concerned -- the neighborhood was concerned about creep and, two, we saw it as an opportunity to provide -- we don't need it, but to provide additional water management on that parcel. I can't add it to my petition, but I think if the Commission requests that that's what we do on that property, we could make that October 24, 2023 Page 197 type of a commitment in our PUD. But we can do that if we're requested by the Commission to do that to address some of the neighbor concerns. Again, we don't need it for water management, but it's kind of belt and suspenders if the Commission would like us to do that. I'm going to ask Patrick to come up briefly to talk about some compatibility issues. Then I'll have Josh come up, and then I'll have Norm come up. But I really think on the traffic issues, for one, I don't know anybody more conservative on traffic than Norm Trebilcock. But you probably want to hear from Trinity instead of us on traffic if you have traffic concerns. But we're happy to address those, unless you want your own expert to do that. But with that, I'll ask Patrick to briefly come up and talk about compatibility, and then we'll move on. MR. VANASSE: Good evening. For the record, Patrick Vanasse. There were a lot of comments about compatibility and cohesion, and I just wanted to point out it's not unusual to see multifamily right next to single-family. It happens all the time. And we have planning techniques. We have tools to address that, and those tools are separation, setbacks, buffers. Also, the design of the community, the scale, the height of the structures, and those are all things that we took into consideration and we've applied here to ensure that compatibility. MR. FRUTH: For the record, Josh Fruth. I think that -- you know, obviously, there's a lot of concerns with stormwater management. I can't fix the process. There was concerns with how it's done today versus how it should be done. But the easiest way to explain this is -- you know, I mentioned earlier this morning that we will have a controlled discharge from the property with the majority of the property taking on the water management October 24, 2023 Page 198 through some sort of lake retention vaulted system. But right now the site free-flows everywhere. Think of the site when we do a design as putting a glass box all the way around the perimeter. We will have to design this for back-to-back storm events to account for that water on our property before it can ever leave the site. That's the safety mechanism that we build in through the bases of review, which Mr. Kurtz mentioned having to fix a lot of these projects going through the bases of review. But those projects that the county fixed over time were prior to the Water Management District being in place. The District was established in 1972, and a lot of those projects that the county has fixed over the years are prior to having, you know, a stormwater board governing projects. So, obviously, the compliance today is much more stringent than it was before, you know, major developments like this come into play. So we have a lot of rules to abide by even after permitting. I would say that -- like I said, the easiest way to explain this is think of this as you're in a large pond that has to be stored before any ounce can leave, but a majority of the time any water that leaves the property is not leaving the property because it's being available for percing into the ground. Cherry Wood -- we have done some preliminary review. Cherry Wood as a roadway is roughly at an elevation that is close to where the property would be -- this property would be designed to with control elevations and -- for our discharge. So one of the things that helps with this is that we can look at the roadside swale as it discharges towards the Green canal. The other element heard -- was mentioned that we would not be able to get a permit without doing this, but any improvements on Vanderbilt Beach Road. Vanderbilt Beach Road is under and governed by a permit as well. October 24, 2023 Page 199 What we can do is the right decel lane that would be proposed for this project can be incorporated into the project stormwater management as opposed to being a burden for Island Walk or for Collier County. I can't speak to the exact parameters of the permit that exists today for Vanderbilt Beach Road, but there was probably a conservative approach taken to it to account for driveways and other elements to add to that road network, just like any other road, and DOT does the same thing with U.S. 41. But we can account for the right decel, since it's immediately on the property, which will displace the delta between that and the U-turn that's also, you know, been discussed today. So hopefully that helps alleviate any questions as it relates to stormwater concerns with Island Walk, and as I mentioned this morning, keep in mind that Island Walk in a completely separate basin, or think of it as a, you know, holding box of stormwater than this property. So we would not -- and we don't get to select that. That is -- that is part of what's already set in stone. And we didn't choose to discharge to Cherry Wood. It's what we're, you know, actually told to do. So we have a limited discharge rate, limited amount of water that is allowed to leave during a certain amount of time in 24 hours or 72-hour period, without getting too technical. But I'll leave it at that, that on top of the other items that Mr. Kurtz mentioned, those would all be part of the bases of review with the floodplain compensation, and the natural existing flows would be incorporated into what we have to actually physically store on our property. So thank you. CHAIRMAN LoCASTRO: And I'd like to hear from Ms. Scott, if she would come up, Trinity, and talk to us a bit about traffic and then also let us know what improvements are coming to that Vanderbilt Beach Road and all the other things in between. I October 24, 2023 Page 200 mean, you heard all the testimony, you know, some people that were saying about just throwing in a traffic light. As we all know, that doesn't really sort of work that way where you get a light automatically just because you wanted one. But the floors is yours. I think you heard enough, and you are our subject-matter expert, you know, here at the county. So I think all five of us would like you to cover some of the things that you heard that were in your job jar, if you would. MS. SCOTT: Certainly. Trinity Scott, department head, Transportation Management Services. I spoke this morning about an intersection improvement that we have planned at Logan and Vanderbilt Beach Road. That came in over budget. We are assessing our budget right now to see if we can find that delta. That will certainly improve operations along the corridor. In the meantime, we are also doing some analysis so that we can try to retime the signals until that new improvement occurs, because right now the bottleneck that people are experiencing is at Logan Boulevard. So until we can get that capital project constructed, we are right now assessing our signal timing and trying to get the traffic to move a little better. For Vanderbilt Beach Road, for the entire corridor we have widening that is on the west end from 41 over to the east of Goodlette, so we recognize the corridor will have an increase in traffic. As I spoke this morning, we have the study that we will be doing within our five years to look at the intersections at Airport all the way over to Livingston to see if there are more operational improvements we can do. Let me also focus on Immokalee Road, because we're not putting all of our eggs in the Vanderbilt Beach Road extension October 24, 2023 Page 201 basket. We know that we still need to address Immokalee Road as well. We have funding in our five-year program to do operational improvements on Immokalee Road where we will be, essentially, re-striping the right-turn lane on Immokalee Road, the westbound right-turn lane, to make that a through movement. So you will have four lanes for our a.m. peak that are going westbound and three lanes coming back. So that will be a seven-lane section. Also, to improve along Immokalee Road, we have completed the Immokalee Road congestion corridor study where we are now getting ready to start the design of the intersection at Immokalee and Livingston and working very closely with the Florida Department of Transportation for the interchange at Immokalee and I-75. Looking at the other parallel road to the south, which is Pine Ridge Road, we have under design right now, major intersection improvement at Pine Ridge Road and Livingston which will help the operations of Pine Ridge Road as well as the recently approved "Moving Florida Forward" where the Florida Department of Transportation is making a 20-some-odd million dollar improvement at Pine Ridge Road and I-75 as well to have Pine Ridge Road operate a little bit better. So if you look at those three major east/west corridors right there, we have very significant improvements coming within the next five years. Traffic signals. Traffic signals are a blessing and a curse. For every traffic signal that goes in, it makes it that much harder to move the traffic around in this county. There are very specific federal guidelines that we follow with regard to traffic signal warrants. Based on my experience here at the county, a 200-unit multifamily would not warrant a signal on its own. Even Island Walk, when it first was developed, didn't have a signal. It really October 24, 2023 Page 202 needed to get its legs up underneath, if you will, and really build out more before it met those warrants for a traffic signal. So every time we add a new traffic signal, it's just that much harder to be able to time them appropriately to be able to move the traffic. With regard to blocking the intersection at Island Walk, I've already corresponded with the Sheriff's Office. Unfortunately, not everyone is courteous and doesn't block the intersection. We work with the -- with our partners in enforcement. We will let them know that. They will go out there. They'll do some targeted enforcement, and hopefully that will solve that issue as well. One other that came up was the interchange at I-75 and Vanderbilt Beach Road. It is identified on a map. It is under study by the Florida Department of Transportation. If you put on your MPO board hat, we've talked about it a little bit with the master plan of I-75. I've been to a lot of town hall meetings with Commissioner Saunders and said it's a very polarizing topic. Some people love it; some people hate it. The facts are, even if an interchange was -- the Florida Department of Transportation blessed us and said, hey, do an interchange today, we don't have funding for it; they don't have funding for it. It took us over 20 years to get the new interchange at Immokalee -- or, I'm sorry, I-75 and Golden Gate Parkway. So an interchange isn't coming anytime soon to that area, and it still has a very lengthy public process that all of these people will be involved in through that process, so nothing is even decided at this point. CHAIRMAN LoCASTRO: Can you talk a little bit about traffic numbers on Vanderbilt Beach Road so -- I mean, I appreciate citizens bringing photos of a lot of cars and traffic, and, you know, in October 24, 2023 Page 203 my district I could take a thousand photos of U.S. 41 and Collier and areas of Pine Ridge Road and, you know, I'm sure the other commissioners, Immokalee Road. You know, traffic is traffic, especially during, you know, high peak times. But that particular stretch of road, if you built 280 [sic] units, what does our county traffic study say? We had several people that came to the podium and questioned the study of the applicant, and they counted their own cars, and they showed us the photos. But what's the official county position on if this -- if this structure was built, how it would affect the algorithm of traffic? I mean, obviously, anything that gets built is going to increase traffic. It doesn't decrease it. So if a school goes there, which, like, Mr. Bosi -- and we'll wait for his answer on all the things that could go on that piece of property. But a few that he had said was -- were things way bigger than 208 apartments. But if those -- if this project went there, is the county's position that we have a significant concern about traffic numbers on what it would add to Vanderbilt Beach Road? MS. SCOTT: Based on our adopted guidelines on this -- and we look at the p.m. peak hour peak direction. So that would mean we're looking in the afternoon hours, and we're looking eastbound. According to the 2023 AUIR, which you actually haven't been presented yet -- you'll get it shortly, I believe in November or December -- that roadway segment is operating at a Level of Service D, which is an acceptable level of service for us. CHAIRMAN LoCASTRO: And it would continue to operate at Service D if this project or something of similar size was put on that piece of property? MS. SCOTT: Yes. CHAIRMAN LoCASTRO: Okay. If a school was put on that piece of property, would the traffic be more or less than a 208-unit October 24, 2023 Page 204 apartment complex? MS. SCOTT: The traffic would be more. CHAIRMAN LoCASTRO: Okay. MS. SCOTT: I should preface that by saying it would depend on the number of students. We looked at it based on a thousand students, which is what the most recent charter school was. CHAIRMAN LoCASTRO: The U-turn lanes -- and I certainly can sympathize with the citizens that said, wow, everybody's going to go out, make a right turn lane [sic], and then go down a ways and make a U-turn. I've got 25 of those, probably, in my district that everybody hates, but it's not our ability to all of a sudden just tear them out. You know, I've been working with you and FDOT in a few areas. That's their solution to say, instead of somebody crossing across six lanes and getting in an accident every 15 minutes, they look at that as a safety feature. Now, granted, it does back up the cars, and people still get in accidents down there. And as you and I know -- and we've had this sit-down with FDOT before -- their official stance is, well, they got in an accident because of poor driving habits. You know, they got impatient, and they made the U-turn when cars were coming, or in some of the dangerous areas in my district where we're talking about possibly putting in a stoplight but it wasn't warranted, you know, the official FDOT response -- and even hearing from the Sheriff when we looked at how many accidents were there -- was, you know, the vast majority of those were people that tried to gun it across six lanes and -- because they got impatient. But can you talk a little bit about -- because I do believe that some of the citizens that maybe don't have the expansive oversight of traffic the way that we do, that right-turn-only out of this apartment complex, if it was built, and then a U-turn further down, that's not something that's overly unique, correct? October 24, 2023 Page 205 MS. SCOTT: Absolutely not, not in our area. Where I come from -- CHAIRMAN LoCASTRO: I'm not saying I love it. I'm trying to -- I'm trying to change it in 20 different places in my district. But that's something that is looked at as an improved -- the best -- you know, the thing we hate the least, you know, when you -- when a light isn't warranted or something. But just give us a little bit of -- MS. SCOTT: So where I came from, U-turns were a bad thing. You would get a ticket if you did a U-turn. Unfortunately, here we make U-turns everywhere. The reason that we don't want a full median opening where those residents would be able to make a left is because our median widths are 20 to 24 -- 22 to 24 feet. And what we have -- we do have some areas in the county where we have median openings on six-lane facilities, and actually we're going back right now and working to close them and directionalize them -- we have a few on Immokalee Road that we're working on directionalizing -- because people are impatient. They go out there. They hang in the median with the tail end of their vehicle out in the travel lane, in a lot of instances. You'll have multiple people queue up in that area, they can't see, and then they're pulling out, and then they're creating a much worse situation than going down, making the right, only having to look in one direction, make a right, go down to the U-turn, and queue up in that area where it's one vehicle looking in the opposite direction, and then being able to safely make their turn. So we have these areas around the county, like I said, we're working on where we're closing that, and my professional engineering staff would have a lot of heartburn if we wanted to allow them to have a left-out on the six-lane facility -- CHAIRMAN LoCASTRO: Okay. MS. SCOTT: -- from a safety standpoint. October 24, 2023 Page 206 CHAIRMAN LoCASTRO: I don't know if any of the commissioners have questions for Ms. Scott, but if they do, light up. Mr. Bosi is who I personally wanted to bring up next and have him answer some of the questions that were hanging loose. But if she's up here now and you have anything -- but we can obviously bring you back. COMMISSIONER SAUNDERS: Yeah. CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: Let me ask you one question. One of the speakers, Mr. Joseph Gartland, I think, if I got the name right, was reading from the traffic engineer's consultant's -- Mr. Trebilcock's report, that I think kind of the quote was traffic impacts will be significant between the entrance to Island Walk and the project access. Can you comment on that? MS. SCOTT: I can. So our Traffic Impact Statement guidelines require the applicant to go through what we call a significance test, and what they do is they look at that specific length that they go on, and does it exceed 3 percent of our adopted p.m. peak-hour capacity. So if they -- in this particular instance, it's 3,000 vehicles. If they exceed 90 vehicles on that link, then we make them do is do analysis on the next link. And they keep going. We have what we call the 3, 3, 5 rule. They look at 3 percent, 3 percent, and then if they're over 5 percent, then they would keep going. But what that does is that looks at the -- that essentially details out the area of impact that they have to look at for operational analysis when they'll come in for their Site Development Plans and also the area that they'll do the link-by-link analysis that they do for the Traffic Impact Statement. So what that means is that they exceeded 90 vehicles in the p.m. peak hour on that roadway. COMMISSIONER SAUNDERS: In that segment. MS. SCOTT: In this segment, correct, which their peak -- I'm October 24, 2023 Page 207 sorry. Their trip cap was 110. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: Anything else for -- we can always bring you back. Mr. Bosi, why don't you fill us in with what you were able to gather based on all the questions and statements that were heard and what a few of the commissioners had for you as well. Thank you. MR. BOSI: Mike Bosi, Planning and Zoning director. And I was asked what the permitted uses were within the Estates zoning district, and there's four identified permitted uses: Single-family dwelling units, family care facilities, public schools, and also essential services as defined by 2.01.03 of the Land Development Code. And you're going to find the majority of the permitted essential services really do not create or generate a lot of traffic. Waterlines, sewer lines, natural gas lines, telephone lines, cable lines, electric transmission distribution lines. It has communication towers, but it says in alignment with provision 5.05.09; 5.05.09 requires a conditional use for telecommunications towers, so they're not a permitted use. Electrical transmission and distribution lines, substations, emergency power structures, sewer lift stations, essential service wells, Conservation Collier lands, and then there's -- there's a few other additional permitted essential services in the ag estates zoning district, as identified: Nonresidential, not for profit, childcare, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. So those are the list of the permitted uses that could go. I think the -- we've identified the one that would probably be the most impactful could be that public -- the public schools in terms of the overall impact. October 24, 2023 Page 208 But I think that was really the focus of the questions that you were asking for a report back. And I would be happy to entertain any other questions you may have related to some of the comments we heard. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: The quick question is -- and I asked it early on -- the essential services are by right. MR. BOSI: Correct. COMMISSIONER McDANIEL: And when we -- when we go by right, there are no enhanced buffers, there are no -- no enhanced -- especially with the school, in the event that a charter school chose this site, we would have limitations -- potentially limitations on access points. They potentially could be utilizing Cherry Wood as an access point. MR. BOSI: And I think Ms. Cook and Ms. Scott had said they would have an operational analysis, but that would be determined during that period of time. But, yeah, everything would be minimum code compliance, which is still a decent standard. It's just not enhanced. It's minimum code. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: Any other questions for Mr. Bosi? (No response.) CHAIRMAN LoCASTRO: Thank you, sir. Any questions for Mr. Yovanovich or anyone else? Commissioner McDaniel, sir. COMMISSIONER McDANIEL: My question's not for you. It has to do with stormwater. CHAIRMAN LoCASTRO: Go ahead, sir. COMMISSIONER McDANIEL: I'd like to -- and I don't know -- I'd like to talk to our staff with regard to stormwater circumstances. October 24, 2023 Page 209 Without jumping to conclusions, I mean, the rationale I have is something's going to happen with this piece of property. It's developed one way or the other. Single-family homes is what -- nothing happening would be the wish of a lot of people, but single-family homes is minimumly a potential here for this particular site. Has anyone on our staff inspected Cherry Wood and its swale system? We have an enormous amount of issues with our swale systems in the county at large. And right now with no development on the site, Cherry Wood's already suffering from flooding issues. Has anyone inspected Cherry Wood to see if we can take more water on Cherry Wood? MS. SCOTT: I have not, sir, but I would echo what I talked about during our budget process about our swale program is suffering. You approved a budget to allow us to bring on some additional team over at road maintenance to be able to start taking on our swale program to be able to get out there more often to reshape -- re-grade our swales. I don't have the information at my fingertips. I may get a little birdie up here that may -- COMMISSIONER McDANIEL: A little birdie just came in the room. MS. SCOTT: -- may whisper in my ear when the last time we were out there. But I would be untruthful if I didn't tell you that we had this conversation during our budget discussions about our swale program is in desperate need of a team, and you have granted that, and we are working on implementing that. COMMISSIONER McDANIEL: One of the -- one of my -- one of my main concerns is the -- is the -- I mean, it's okay for the developer to say that they're going to attenuate their own water, but we all know during a storm event there's going to be outflow October 24, 2023 Page 210 that -- and it's purportedly now going to hit the swale along Cherry Wood and head over to, I think they call it, the Green canal. So I would really like to see -- I would really like to know before the development -- if, in fact, it's approved -- I'm not assuming that it's going to be. But I would really like to see that that -- that the -- first off, verification that the offsite flows can be managed and not negatively impact, minimumly, any further, potentially even help the residents on Cherry Wood now. Because, again, back when the cemetery was put in, we were -- the county was not paying attention to the elevation of that particular site with the removal of the -- of the trees that were on there and the water that those -- that that vegetation consumed. This site's also going to be cleared as well, mostly. I really would like to know, if this development goes forward, that that is minimumly going to be taken care of by the county in advance. MS. SCOTT: So the developer is going to have to go through the Water Management District. They're going to have to be able to get to their point of discharge of -- I think they go to the Green canal out near Cherry Wood. So they're going to have to prove all of that, show all of that. I was just speaking with the Road Maintenance director. We -- our most recent time out in Cherry Wood has been a few years, so we will put that on our priority list to get out there and look at the swale system to see if there's things that we can address. We do routinely go along the canal that is the discharge that goes down into Golden Gate City. We are out there a few times a year to try to get the vegetation -- keep the vegetation out of that and keep that flowing. But we can certainly take a look at it and go over and see what we can do to address anything that's going on on Cherry Wood. COMMISSIONER McDANIEL: What is the -- what is the recourse for the citizenry as we're going -- as the developer's going October 24, 2023 Page 211 through their permitting process with regard to the stormwater and the potential outflow? MS. SCOTT: So they will go through a permitting process with the Water Management District. All of that information is available online through that permitting process. They will have the opportunity to -- citizens will have the opportunity to provide comments. We actually have that happening in some other projects. I'm sure, given the stormwater experience that lives on the street, that they're going to be following that very closely, and we'll be looking at all of those calculations. So the citizens certainly have that opportunity through the South Florida Water Management District permitting process. Also, we'll have a plans and plats, but we will defer that water management calculation to the Water Management District for the ERP permit. COMMISSIONER McDANIEL: And, of course, if we haven't inspected the swale system that's existent, it would be difficult to put a number on what the potential expense would be to make that right, if you will. I'm assuming it's not right just simply because the folks that are on Cherry Wood have already expressed they're experiencing flooding now just from our normal -- our normal rain events. I mean, obviously, we all flooded when Ian came through and those excess rains came upon us last year. MS. SCOTT: Certainly, when we have excessive rain events, you know as well as I do out in -- particularly when we have swale areas or areas -- I think every commissioner up here has developments that were built pre-water management where we're dealing with those older communities, and they -- they really struggle to keep up when we have those weather events. But, certainly, we'll take out -- it's been pretty dry right now, so we have some opportunity to get out there and take a look at it. We'll have our road maintenance team go out and take a look at it and October 24, 2023 Page 212 see what they can do. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I've got a question for Mr. Yovanovich. So, Rich, you know, listening to the public comment, they have pitted themselves against the developer. And, you know, you being the villain, if this project was to fail, what would be the intentions to -- what would be the intentions to use the property for? Change the process? Change the project? Sell it? Sell it -- sell it for what? MR. YOVANOVICH: Well, if we don't get approved for the apartment complex, candidly, we'll be entertaining offers from charter schools. COMMISSIONER HALL: From charter schools? MR. YOVANOVICH: Yes. COMMISSIONER HALL: I've been hearing that. I just didn't -- I just -- I didn't know what -- I wanted to hear it from the horse's mouth. MR. YOVANOVICH: Yeah, as the horse, that's -- that would be -- that would be the option. That would -- it might even make my client whole, but it would get him close to whole. That's the best -- that's the best buyer for this piece of property. If we don't go -- if we do not get approved. And if I can, let me know when I'm -- when you're done with questions, I can -- CHAIRMAN LoCASTRO: I would just ask the crowd to hold it down so that we can hear, please. Thank you. Go ahead, sir. MR. YOVANOVICH: So just -- look, we're not -- no matter where -- no matter what project that goes through a Growth Management Plan amendment to ask for additional density, I don't recall a neighborhood ever saying please approve a project with October 24, 2023 Page 213 higher density than what's currently in the Growth Management Plan. And we always hear traffic, the density's incompatible. That's always the response we get. We -- my client, I think, has been very responsible in how he designed this project, including the -- all the way down to the architecture and going to two stories. We don't -- we're not trying to pit ourselves against the neighborhood. We're trying to show the neighborhood that we can fit in and not harm them, because we're not going to use Cherry Wood. I don't really believe that anybody who lives in this apartment is going to try to climb over a wall with their dog or whatever to go take a walk on Cherry Wood. We're going to have those facilities within our own community, and we're going to -- they're going to stay in our own community or walk up and down Vanderbilt. So we're not going to be in their neighborhood. We have done a very good job of keeping ourselves away from that and fitting in, I think, properly, and your staff agrees that we're fitting in properly. Ironically, I think the last time I was here was for The Haven project, and I don't know how many thousands of petitions were signed from people in that area who said they hate the project. And, ironically, they were pointing to this project as the project they would like to see on their piece of property because they liked the density, they liked the height, and they said that would fit there. I think it fits here. I know it fits here. So this is a good project. It's 34 percent of the units are income restricted. That's going to help. You've got a waiting list in Allura for units that are income restricted. You're going to -- we're going to -- the units, I'm sure, that will fill up first are the ones that have income restrictions. And we're happy to add, definitely, veterans to the list of essential service personnel. I think that's a no-brainer to do that. October 24, 2023 Page 214 That's -- COMMISSIONER McDANIEL: So don't we -- can I ask? Don't we catch veterans when we're -- because we don't specify -- MR. YOVANOVICH: Well, we do specify occupations, unfortunately. So unless they're working for a public -- you know, or they're in schools or they're not -- it depends on what their actual occupation was. COMMISSIONER McDANIEL: I thought it was more related to the income side of things. MR. YOVANOVICH: No, no, it's not. So it's basically occupational, but -- they have to be within those income levels, but it's based upon that. So we definitely can add veterans to that -- to that list. You know, affordable housing has been an issue since I got here in 1990. You know, we go through some cycles where maybe it's less of an issue when we have a recession, but it never goes away. We need to continue to address this one project at a time. And this is a good project. I haven't heard anybody say this is an ugly project. I have not heard anybody say this is a bad project. They just don't want it at this proper location. And we hear that virtually on every project that requests an increase in density. I don't know where that project is that we're not going to have neighborhood opposition, but this is a good project, and we're asking you to follow your staff's recommendation and the Planning Commission's recommendation, and we're requesting approval of both the Growth Management Plan amendment and the PUD. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER McDANIEL: I'll go after him. COMMISSIONER KOWAL: Thank you, Chairman. Mr. Yovanovich, the number 45 feet was thrown around a few times for height. Can you clarify? Because I know in the design, it October 24, 2023 Page 215 was -- MR. YOVANOVICH: The zoned height is 35 feet; two stories not to exceed 35 feet. The way you measure things is you go to the tippy top of whatever can be on top of that roof is your actual height. So the actual height would be 45 feet, and that's measured from -- that's measured from the midpoint of the road. So I'm assuming it will be Vanderbilt, but that's the tippy-top height. But to the midpoint of a roof like you measure a house, it's 35 feet. COMMISSIONER KOWAL: Okay. And the second question, is how many actual buildings of residential are going to be on the property? Do you know that number offhand? MR. YOVANOVICH: We're anticipating between 14 and 16 buildings. COMMISSIONER KOWAL: Fourteen and 16, okay. MR. YOVANOVICH: Approximately. COMMISSIONER KOWAL: And my last question, it was -- I've heard -- somebody mentioned the NIMs, and it sounded like the -- MR. YOVANOVICH: Oh, yeah. COMMISSIONER KOWAL: -- it was in a parking lot at night with no lights. So I just really need clarity on that. MR. YOVANOVICH: Let me tell you what really happened. MS. KLEIN: It was. MR. YOVANOVICH: Yeah, you're right. What happened was -- first of all, this isn't the same project that was pulled the last time. That was the one that was on the corner -- COMMISSIONER KOWAL: Oh, I understand. MR. YOVANOVICH: Okay. But there was -- a person represented in comments that -- COMMISSIONER KOWAL: I made that note. MR. YOVANOVICH: This is not the same project, but that October 24, 2023 Page 216 project was in the same neighborhood. And if you-all remember the NIM we had, at the fire station we got overwhelmed with people. We moved it to the stadium where we had 300 or more people there. I got -- as far as I got in my presentation is "thank you for coming," and I never got another word in. So your staff said, Rich, you've got to hold this in a place large enough to accommodate the crowd that was at the last one. That's very limited, so we picked the place that can do that. What happened when we got there, the woman who's in charge of building was in a car accident. She called and told us she was in a car accident, and she was sending somebody. Keep in mind, we had already had a virtual NIM, so now we were having our in-person NIM. We said to the people who were there, hey, this is beyond our control. We can -- we'd like to reschedule this so we can get inside and you can have the accommodations you would need to have the meeting. And they said, "We're not rescheduling. Do it now," and we did it now. And, finally, the person got there to open it up, so we could use the facility if we wanted to, but we were told we were going that night, and it was by the people who showed up and said, "We're not rescheduling this." So to now somehow say we did this on purpose and we disrespected them is not an accurate representation of what really happened. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: All right. Fence or wall? Are you doing a fence or a wall? MR. YOVANOVICH: If they want a wall, we'll do a wall. If they want a fence, we'll do a fence. Whatever you -- if you want a wall, we'll do a wall. COMMISSIONER McDANIEL: And we're going to October 24, 2023 Page 217 wall -- let's just say this is a wall. MR. YOVANOVICH: It will be -- it's all the way around. COMMISSIONER McDANIEL: All the way around. MR. YOVANOVICH: And it's inside our preserve. COMMISSIONER McDANIEL: Essentially, people can climb the wall, but there's -- the wall will be a better sight/sound barrier all the way across the board. The west -- did you say you purchased the west two-and-a-half acres? MR. YOVANOVICH: The adjacent parcel to the west, yes, sir. COMMISSIONER McDANIEL: Is that two-and-a-half acres, plus/minus? MR. YOVANOVICH: Two point -- yeah. COMMISSIONER McDANIEL: Two-and-a-half acres. MR. YOVANOVICH: We have under contract for -- it's 2.6 acres. COMMISSIONER McDANIEL: And you're going to hold that -- you're going to strip the rights off of it so no development can transpire on it. You'll hold it as a preserve slash attenuation area -- additional attenuation area? Because according to Josh, your site plan shows you've got sufficient attenuation on site with the retention pond that's up by the -- that's up by the main entrance. MR. YOVANOVICH: We will incorporate it into our water management system to make sure that we have a pond versus having to have chambers to address water management. COMMISSIONER McDANIEL: Okay. What about the -- and I don't know. The school bus access for school buses coming in and out, have we got an answer on that? MR. YOVANOVICH: What we prefer is we've designed this in a way that our -- I want to say sales center, but it's -- our recreational facility leasing up is on the other side of the gates, if you October 24, 2023 Page 218 will. So the school bus can come in and not have to go through the gates. It would come right in front -- the kids could wait at the clubhouse. Now, we don't control that. The school board controls that. That will be our request to the school board that we bring them in off of Vanderbilt Beach Road and we have them picked up at the clubhouse area. COMMISSIONER McDANIEL: The stormwater -- the impervious area created by the right-turn lane coming in, can you manage that water to make sure it stays on your property and doesn't flow off onto Vanderbilt? MR. YOVANOVICH: Correct. We will incorporate that turn lane. We'll add that commitment to the PUD. COMMISSIONER McDANIEL: Okay. And the fire hydrant for -- on the south end of the property, is that still part of the obligation? MR. YOVANOVICH: Yeah, we -- I told Jerry I would do it, so -- my client wasn't happy when I told him that, but we're doing it. COMMISSIONER McDANIEL: Okay. My -- you know, not to beat a dead horse, but I'm having trouble saying no to this just because of the known. The known is something that we can secure, we have a say-so over. We know about the buffering. We know about the fencing, or the wall, as the case may be. We have a decent attenuation. The unknown comes with a school. We lose all that. We lose all control. We lose -- or another use. They're going to do something with this piece of property, like it or not, and that's the -- that's the conundrum that I'm fighting with right now is letting it go and taking -- taking you out completely. We're at least addressing -- by the approval of this project, we're addressing the majority of the issues that transpire with this; the fire October 24, 2023 Page 219 hydrant, the wall, the additional attenuation. I'm having trouble saying no just simply because of the -- or -- it's not simple by any stretch of the imagination. I'm having trouble saying no because of the known that we get with this development request. I suppose I can ask you the question. It was brought up and raised, and you said it. And if our staff -- maybe, Mr. Bosi, you can just come to this podium so we don't have to jump around. This zoning request, will it trigger, potentially -- I mean, folks have a right -- we already know that property owners have a right. When you own a piece of property next to a nonconforming use, you have a right to ask for another nonconforming use but not the right to receive. Is this setting a precedent for other properties in the Estates to be utilized in a different manner? MR. BOSI: Mike Bosi, Planning and Zoning director. With each individual request for a rezone, we say that that specific request sits on its own merits, its own location, its own surrounding land uses, its own surrounding zoning in terms of the designation within the Future Land Use Map, whether it has listed species, environmental conditions. All of those things are unique. So there is no precedent that is being set within any one action. So when we viewed this, based upon its location, that was one of the reasons why we thought that it was a project that was worth the merit of our approval. And with the design elements that have been added to this to segment it off from the influence of Cherry Wood, we have -- we feel this project is unique in its location and doesn't set a precedent. COMMISSIONER McDANIEL: And we're only -- we're only amending the master plan for the Urban Estates for this particular piece of property. This isn't a blanket -- this isn't a blanket October 24, 2023 Page 220 amendment? MR. BOSI: This will pull this 17-and-a-half acres out of the Urban Estates -- COMMISSIONER McDANIEL: Okay. MR. BOSI: -- and designate it within the Future Land Use Element. COMMISSIONER McDANIEL: I don't have any questions. CHAIRMAN LoCASTRO: So Commissioner McDaniel went through everything on my list except for one thing was -- the 34 percent affordable housing, I mean, in the -- you know, I'm not even three years in this seat, but correct me if I'm wrong, I think that's the highest we would have ever approved. I mean, we're usually in the 10, 20. You know, we think 25 is a big deal. I mean, 34 is -- and I don't look at that as a carrot. I mean, you know, we're sitting here -- you know, I do get a little frustrated at times when I say sometimes when commissioners don't approve affordable housing, the front page of the paper says, stupid Collier County Commissioners, they've done nothing about affordable housing. Then we approve affordable housing, and the front page says, commissioners approved low-income housing at the detriment of all the citizens who didn't want it. So it's like, you know, sometimes you can't win. But, you know, I'm sitting here looking at the percentage, and correct me if I'm wrong, is that among one of the higher percentages we've had in the last two, three, four years, 34 percent? MR. BOSI: Oh, yeah. It is most certainly. Mike Bosi, Planning and Zoning director. It's one of the higher percentages. You did just approve, within the Pulte Foundation in Immokalee, 170 units out of 250, so it's about 67, but that's a little bit different. CHAIRMAN LoCASTRO: Yeah, that was unique. October 24, 2023 Page 221 MR. BOSI: Because -- and Mr. Yovanovich asked a question, where is it that he can propose an affordable housing project and he gets no objections? I can answer that question. It's the Rural Lands Stewardship Area, because that -- the 170 units that is going to be provided for within that Immokalee project is satisfying the Bright Shore SRA. That's a subdistrict that you guys have designed towards every time that we add additional development orders within their RLSA, we have securing -- we secure ourselves additional affordable housing. So the Board of County Commissioners has been extremely aggressive in trying to exercise all incentivization and means of providing for affordable housing. So this is one of the ones that we've seen within the urban area of the county in terms of the higher percentage. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders, and then Commissioner Kowal. COMMISSIONER SAUNDERS: Thank you. I don't have any questions. I was just going to -- I'm not sure if we're at the point of making comments. But I don't have any questions. I do have some comments. CHAIRMAN LoCASTRO: Yeah. The floor's yours, sir. COMMISSIONER SAUNDERS: All right. You know, we all want as much affordable housing as we can -- as we can get. At the Golden Gate Golf Course, we could have as many as 600 units going up very quickly. We have the old Golden Gate hotel. That will have, I think, about 240-plus-or-minus units. We just approved some financing for our project there which is, I think, 360 to 380 units. So there are locations where workforce housing/affordable housing is appropriate. And I want to -- I love approving projects that have workforce housing in it, without question. But I don't think that that should be the driving factor. I think the location of a project, if it's suitable, October 24, 2023 Page 222 then I think it's appropriate to begin adding workforce housing to that. But I think the first thing that has to happen is that the project, I think, has to fit in that community, in that neighborhood. In this particular location -- and I live in Logan Woods, so I know what the lifestyle there is like. And I can tell you, as much as I love the looks of this project, the way it's being designed -- I think it's a beautiful project, but I wouldn't want it on my street. And so I think one of the things that we have, as commissioners, committed to is making sure we don't ruin or hurt the quality of life of our residents while at the same time trying to solve the problems that we have, such as needing more workforce and affordable housing. I can't support the project, not because I don't like the design, not because I don't like the fact that it's got workforce housing in it, but I just don't think it's the right location. It's in Estates zoning. We're going to have a lot of opportunities down the road to deal with Estates zoning, a lot of applications, and I think this, for me, kind of sends a message that the Estates zoning is something that I don't want to alter unless the circumstances are really perfect for it, and I don't think these are. So I'm not going to support the project, Mr. Chairman. CHAIRMAN LoCASTRO: Commissioner Kowal. UNIDENTIFIED SPEAKER: The people's voice. (Applause.) CHAIRMAN LoCASTRO: Commissioner Kowal. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I just had another question for you, Mr. Yovanovich. The 71 units that we're talking about, the 34 percent, is there -- what size units did that make up? I mean, is there any restriction to the sizes, or does it fall upon that table that we saw? October 24, 2023 Page 223 MR. YOVANOVICH: Historically what we've done is we've done a proportional amount. So if it's -- I think it's 15 percent at the 80 percent. So 15 percent of the 71 would be spread out amongst ones, twos, and threes. That's what we have historically done is we've spread it out. We haven't put them all in the one-bedrooms. COMMISSIONER KOWAL: That's not really -- yeah, that's not really what I'm asking. I guess what I'm saying is, you know, I saw the chart. You have the different levels at the different percentage, you know, of median income. I guess about what I'm saying is, could all your two-bedrooms and all your three-bedrooms be gobbled up as these 71 if people come and they qualify for it at that rate or -- MR. YOVANOVICH: Well, it can go one of two ways. If that's what you want, yes, we can fill it that way. In other instances you've said to us you wanted us to set aside basically -- COMMISSIONER KOWAL: I'm not saying I want anything either way. I'm just asking you -- MR. YOVANOVICH: You, the county. COMMISSIONER KOWAL: -- if they come in as the people coming in, as your first responders, your nurses, teachers, first responder married to a teacher and they do qualify, you know, at a certain rate but they want a two-bedroom or three-bedroom, and they come in there and say, well, those are all gone. MR. YOVANOVICH: Well, we would -- that's why -- what I was trying to say -- and maybe I'm not saying it clearly enough -- is we would make sure there's a reservation of an equal percentage of three-bedrooms, two-bedrooms, and one-bedrooms so there would be availability. We wouldn't let all the market-rate people come in and gobble up all the threes. We wouldn't let the market rate gobble up all the twos. We wouldn't let the market rate -- and then force -- we'd say, sorry, there's no room for you. We'd say, no, we October 24, 2023 Page 224 have room for you, is what our -- what our intention would be. Did I make that clear? COMMISSIONER KOWAL: Yeah, I understand. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: And just as -- historically, is there any language that allows for market renting if for some reason the affordable units, we took that language out? MR. YOVANOVICH: Absolutely. These units will remain vacant until we have income-qualified people to fill them. There's no opportunity to get out of that. COMMISSIONER McDANIEL: I have one more question, then. Because there was a time when that language was in there. MR. YOVANOVICH: There was, and at that time was a few projects ago. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: I'm sort of along the same lines as Commissioner McDaniel. One of the things that I pride myself on is consistency, and we have voted on things here where we had 60, 70, 80 people come here who didn't want it. But, you know, sometimes the most unpopular thing is also the most -- the more responsible thing. I'm not saying I've come to a conclusion here, but just talking out loud trying to come to a -- I can certainly appreciate what, you know, Commissioner Saunders is saying, and this is in his district, you know; however, you know, not too long ago we all voted to push something to Commissioner Hall's district when we had 70 people here who also felt that they didn't want it in their backyard. And so, you know, I pride myself on consistency, and so that's where I am struggling. The difference here is Golden Gate is different. You've got some protections that I wish I had in my district. I'm not just looking at the affordable housing piece. I mean, that's 34 percent, October 24, 2023 Page 225 but it's also 66 percent of housing for folks that would also enjoy living here and can use it. I could care less where the developer's from, and I would say to all the citizens that said, oh, my God, this guy came in here from Cincinnati -- if he was born here, 69 people would have come to this podium saying they didn't want this project. So that doesn't resonate with me at all. I just look for good projects. We have locals who build horrible projects. We have out-of-towners who build awesome projects. We have locals who build great projects. So when I initially saw the parts and pieces of this one, and I saw a lot more today, it certainly wasn't one of the worst ones I've seen. I mean, I think a lot of people would like this in their neighborhood. But I do also appreciate that Golden Gate is different. The affordable housing piece is not one solution, so it's not like, oh, it's out, you know. Towards Immokalee -- and there's two or three places where it's a perfect fit, you know, the solution is small little chunks, and everybody's sort of, you know, eating a little bit of spinach so that we can make sure that we have consistency across the county, not everything buried out in Immokalee behind redwood trees or in a particular place that everybody thinks is okay. You know, a lot of people talked about how construction of any kind on this piece of property is going to be impactful. Well, any construction's impactful. I bet you when Island Walk was being built, there were people that were totally against it, yet we have people that came to the podium here, and they're living in paradise and love Island Walk and are so glad that the folks who were fighting Island Walk, which I'm sure, lost so Island Walk could be built. Those are the things that I sort of struggle with. I bet there's a whole bunch of people that didn't want Lely Resort, which is in my district, October 24, 2023 Page 226 yet it's held up as the gold standard. People didn't want Fiddler's Creek or Hammock Bay, and all of a sudden, you know, you've got thousands of people living there that are so thankful that it was passed. But, you know, then I do default back to Golden Gate Estates is different and has some, you know, protections in it, although I sit here and say, you know, 200 units didn't seem overly excessive to me. But I'll just -- and I'm not making a motion or anything, and I'd like to also hear from my colleagues, but just giving sort of my thoughts. Somebody had said don't vote to stand with the developer. I'm not looking to stand with the developer. I'm looking for somebody who can bring affordable and high-end housing and something that makes a community better. So I don't look at the developer of Lely Resort and say whatever commissioners were up here and voted for Lely Resort, wow, they were in the back pocket of that developer. No, they voted on something that allowed a lot of people to come to Collier County and live in an area and enjoy a piece of paradise. So, you know, I sort of take exception to some of those comments. The developer, to me, isn't the focus. It's the housing. It resonated with me greatly what the NCH HR person said, what the YMCA person said, and having been the COO of Physicians Regional, I can tell you I can certainly relate to all the things that they said. Some -- there was a citizen who made a comment that, you know, all big business seems to be siding with this developer. I don't think it's because they all got free Bentleys from the developer. It's because they understand that we are in a crisis right now. And it's not just the 34 percent affordable housing. Those other units will be gobbled up by people. October 24, 2023 Page 227 Citizens that said, gosh, who's going to live in 600 square feet, I guarantee you, if we approve this, the second those go on the market, they're all going to be -- they're going to be gone instantaneously. So there's plenty of people that don't get to live in Island Walk, and just like that one lady said, are happy to live in 600 feet so they don't have to commute for two-and-a-half hours. So that's what I'm struggling with. I mean, I've -- you know, I've had a lot of conversations off-line, not about this, but with, you know, Commissioner Saunders, because he has a very unique district. I've even spoken -- I had a town hall meeting which -- in his district which he actually attended. They had invited me, and it is a unique place, so I don't take anything lightly just saying, oh, you know, let's give them a waiver and throw something there. But, you know, like Commissioner McDaniel said, I also look at worst case scenario. And I'm famous for saying up here, sometimes you've got to take a look at the thing that you hate the least, because the thing I think that the citizens would love the most would be nothing or maybe four houses on that piece of property and, you know, that may or may not be realistic. So I'm not sitting here saying I love this project but, boy, I love it more than 10 other things that I think could go there, and that's what I'm sort of struggling with. Obviously, this takes four votes, so we already know where Commissioner Saunders stands. And it's in his district but, you know, I also -- I'm feeling for Commissioner Hall because he stood, you know, firm on something and in the end, you know, we made what we thought was the responsible decision. So sometimes it does work that way as well. I've got people lit up here. Commissioner Hall, sir, the floor is yours. COMMISSIONER HALL: Thank you, Chair. You know, we talked about the Estates. Rich mentioned that October 24, 2023 Page 228 the Estates is a place where a density bonus is not automatically granted, and I like that. I like the fact that we have to look at something case by case, particulars by particulars, that something just willy-nilly can't be granted because there's a bonus out there. The Estates is special. It's rural. There's -- you know, I live on an acre and a half right now in the heart of town. I understand the value of wildlife, of having the birds having -- I've got bobcats, I've got coons, I've got possums on my little acre and a half right off of U.S. 41. So I also have less than a 20-foot buffer on both sides of my property. I can't see the neighbors, and they can't see me. I can hear them, but I can't see them, and I'm a whole lot closer than what this would be. When I think about the land that's available in the Estates, it's very limited. There's not a lot of places out there that the county's just going to -- the commissioners are just going to willy-nilly -- you know, this is going to set a precedence, and we're just going to approve everything that's out there. That's not the case. That is not the case at all. I opposed 334 units with 22 percent units that were affordable. Three hundred thirty-four units on a 10-acre spot, boom, four stories tall. That would be turning the Estates into Miami. And the comments that we get about, well, you're just going to turn the Estates into Miami, frankly, I'm tired of the exaggeration because this project is not a tower. It's not an eyesore. It's not -- it's not sitting there in front of everybody's face reminding them every day that the commissioners jammed something down their throats. These are two-story buildings that blend in. You won't be able to see them. There's -- there's buffering that's great. We have a need in this county for affordable homes. That's a real need. You can say we don't. You can say this is available and that's available, but everywhere you look, every business that you go October 24, 2023 Page 229 to they say -- I say, what's your greatest need? Our greatest need is we can't -- we don't have workers. You heard the one little -- you heard the one lady at the podium right here saying she can't -- she can't get workers to come here. She's paying taxes in three different states because she can't -- because people won't -- they can't come here. They want to -- they want to come to Naples; who would not? They want to come to Collier County, but when they get a job offer, they take a look at their life, and they just can't afford to stay here. Yeah, I lived south of Dallas when I was -- when I had my first job out of college, I drove 60 miles one way and 60 miles back because I had to, but I didn't like it. And if I would have had the chance to move into a 600-square-foot very affordable place right close to where I worked, I'd have done it in a heartbeat. But it wasn't available. I'm saying these things to kind of let you in my head, because I listened to every single one of you. I get it. I get that you don't want an apartment complex, luxury or not luxury, in your backyard. I understand that. But when we look at a six-lane highway at Vanderbilt, you've got a cemetery on one side, and, you know, it's zoned for one unit per two-and-a-half acres, that's not a very appealing place to build a home or to build four units. It's not a very -- right there on the highway, right on the highway. So Cherry Wood is behind the highway. UNIDENTIFIED SPEAKER: Build in Cherry Wood. COMMISSIONER HALL: If a good project doesn't fit here, a worse project could. You know, if -- you talk about, you know, you've got schools that could go there by right. They don't have to come here and ask for us. We won't have this conversation. They'll do the stormwater. They'll do what they've got to do, and you'll have school bells and kids yelling in your backyard. MS. KLEIN: That's okay. They won't live there. October 24, 2023 Page 230 COMMISSIONER HALL: I've heard mentioned it about the us versus the developer. Commissioner LoCastro said it well. It's not about the developer. It's not about how much money they make. It's about providing services to our community so that we can move from the problem that we've had for a while. And it's not going to be popular. There's going to be 65 of you that's going to be pissed, but I've got 65 more emails of support wanting it. One of you made a comment about don't insult our intelligence for this thing being affordable. You can't tell those 150 people that are on a waiting list in another complex let -- tell me that they're wasting -- insulting your intelligence. They want a place to live where they don't have to commute and where they can live and live happily. The GMP -- the Growth Management Plan, I don't think it's a living, breathing document that we can just willy-nilly change at any time we want to for anything. It's a serious thing with me. And I sat here for three hours. That was my one thing that I thought, this is the -- this is the plan. Why -- why can't we just stick to the plan? And I'm telling you, I'm going to support the project, but I don't do it -- I don't do it lightly. I don't do it just like I just want to. It's a hard thing to change the Growth Management Plan. I don't think that we're going to hurt the Estates. It's not going to be favorable, but I don't think we're going to hurt it. And the project has some character to it. It's not towers that you're going to look at. It's not typical apartment complexes. It's not what's going to be down on Orange Blossom. So with that, with reservations of changing the plan, I'm going to support it. CHAIRMAN LoCASTRO: Before I go to Commissioner McDaniel, and then I have Commissioner Kowal lit up, something that Commissioner Hall said, and I think Commissioner McDaniel October 24, 2023 Page 231 said it as well, trying to prevent something that's going to go there where we have -- the citizens have no voice and we wouldn't have had a marathon meeting, and somebody echoed in the audience, well, if a charter school went there, then I wouldn't live on Cherry Wood anymore. MS. KLEIN: No, they wouldn't live there. The school wouldn't live there, 200 residents, 24/7. CHAIRMAN LoCASTRO: Oh, you'd be surprised where charter schools have gone. MS. KLEIN: I'm saying they're not going to live on the property. CHAIRMAN LoCASTRO: Okay. We're not having a debate, ma'am. MR. KLEIN: You're talking to us. CHAIRMAN LoCASTRO: I just made the statement. MS. KLEIN: They won't live at the school. CHAIRMAN LoCASTRO: Okay. I'll just leave it at that, then. Commissioner McDaniel, and then Commissioner Kowal. COMMISSIONER McDANIEL: Yeah. And I'm going to say this again and -- for sake of repeating it. I'm voting on the known, not the unknown. The benefits that are coming from this development are greater than the unknown that will come with whatever ends up being there. The positives, the water retention, the fire hydrant, the wall around the facility, the additional attenuation, and the known as to what's, in fact, going to be, from an impact standpoint, because the unknown, for those other allowable uses by right, will turn your world upside down. Something's coming. So -- CHAIRMAN LoCASTRO: Commissioner Kowal. Oh, I'm sorry. I didn't mean to cut you off. October 24, 2023 Page 232 COMMISSIONER McDANIEL: That was me repeating myself again. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Just like the other board members and everyone else that stuck through this since the beginning, you know, I've sat here and I've listened to every person that spoke. And, you know, there's been a lot of enlightening things from both sides. And I do listen, and I take a lot of notes. But there's also been some things that have been said that, you know, are fabrication or are not truths. And I just -- you know, I want, you know, the people to understand that. But that's for your own judgment when you hear people speak. But, you know, this is a unique situation, and it's unique because all these other projects like this in the past that we've had to sit up here and -- for hours and listen to everybody speak. Typically, the property owner has a contingency plan or they don't actually own the property until they get approval. This is unique, very unique because he already owns the property. He owns the property, and he has a right to do something with the property. He has a right to sell the property if he doesn't get what he wants today, and that puts us in a situation that we have to play kind of like defense for you as the citizens. And I know a lot of people say, I wouldn't want a charter school, but if I -- correct me if I'm wrong, this -- the entrance of this charter school could be on Cherry, you know, your street. So you would have a thousand students coming and going on your street. MR. SILVA: No return for bus. They could not. COMMISSIONER KOWAL: Sir, they would have a right to come onto the property with the buses and turn around on the property. They wouldn't have to turn around in the street. They would be -- anyways, charter schools don't have buses. Every parent October 24, 2023 Page 233 brings their child to a charter school every morning. Go out to Immokalee Road at the Classical and see the backup out there when the cars are lined up to turn into the charter school every morning, and the cars are lined up -- I'm not having a debate with you, sir. I'm stating facts. That's what I do. I work on facts. I don't work on -- you know, other things that -- you know, facts is what I look at. And it's true. Look -- in my district, I get phone calls every day on Radio Road because of the charter school right behind the Dunkin Donuts. We respond to accidents every day because of them people -- the parents are lined up on Radio Road before the intersection of Airport to go pick their children up and take their children home. They don't have buses. So if you have a thousand students, you have a thousand cars every morning and a thousand cars every night leaving. Just letting you know. I'm just -- I'm looking out for you in a way, okay. I am. Because, like I said, he has a right to sell this property to whoever's willing to buy it and develop it. And I'm telling you because it's a unique situation. This is what I'm struggling with. It's unique. It's not like all the other ones where he doesn't have to build on it if he doesn't get passed. So that being said, I went back to my office last time -- on the last break, and I looked at my district map, and I thought, you know, I'm District 4, and you guys know that's the City of Naples, you know, this whole southwest corner of the county. And, you know, I looked at the map, and I have the map on my wall in my office is -- I have the ones that have the zones. The red is commercial, you know, yellow in residential. And I thought back 40 years ago, everything east of Airport Road was -- I think the swamp buggy track was there. It was a dirt road. Portions of those roads were dirt. And I looked, and if you go along -- which was basically October 24, 2023 Page 234 agricultural everything east of Airport Road. And over time, things change. Things change, and the commissioners have to make decisions. But if you look at every major corridor in my district that line the four-lane and the six-lane roads, every piece of property's red, and the outskirts of those are residential. That being said -- and what stuck out in my mind was that map early, early on, are all the different areas of the county have communities like -- or apartment buildings like this except for one. And I look at the one road that cuts through here that's in debate today, which is a six-lane road, and my district, 40 years ago, didn't have red on every road, but it does now because times change. We grow. We grow as a community. We all should pay our fair share. So I don't know that I'm saying that you have to say this is the fair share or not, but I look around, and I think every other district in other areas in the community have their fair share of these type of properties. And if it was to happen and there is change, because we are growing and our future's changing, the only place it would work would be along Vanderbilt Beach Road, because that would be the most reasonable place to put it because it is intermingled with commercial across the street and things like that. But this is -- and that kind of changed my mind in the way I'm going with this. And I think -- I'm going to have to support this project because, like I said, he -- you know, this is not people against developer. If we didn't have developers, Island Walk wouldn't exist. Some developer had an idea and a plan, and he built that, and those are now your homes. Developers don't build 14 or 16 buildings on their property and occupy those properties. Citizens occupy those properties. People that need homes occupy those properties. And you hear comments about, you know, people commute in and out of Manhattan and this and that and New York. Yeah, it's October 24, 2023 Page 235 because you want to make Manhattan money. You suck it up and you make those two-hour journeys because you want to make Manhattan money. I'm a retired deputy. I'm a retired deputy. I worked the Sheriff's Department here. And the problem is, if you guys know, three years ago -- our sheriff, four years ago, released the "take home car" program. The reason for that is because a majority of our deputies live in Lee County because they can't afford to live in Collier County. So he allowed them to take the cars over the county line, which never happened before, because he's trying to have retention. But now, Lee County is making the same amount of money, or more -- they just got an 8 percent raise -- and we have to compete with that. Why would you want to make an hour commute every day to work at Collier County when you can stay home in Lee County and work for Lee County, which is the same exact pension plan? You lose nothing. You lose nothing across the board. You go right in the job. Same pension plan, FRS, you don't lose a step. Make more money and live in a place you can afford. So these are the things I struggle with. And I don't want to compare apples to oranges and say you're going to drive to Manhattan, it's the same. It's not. The deputy can stay in Lee County and make just as much money in Lee County. What benefits does he have here to keep this 20 percent of workforce in our county to protect us, or keep the quality people in this county to protect us? So I think we were given a task when I came here on the board, is to basically get as much as we can to retain good people in this county. So this is why I'm going to have to support this. CHAIRMAN LoCASTRO: I'm going to make a couple October 24, 2023 Page 236 statements, then I'll go to Commissioner McDaniel. The 71 units aren't going to solve the affordable housing problem, but, you know, one of the things we keep hearing from the community is commissioners aren't doing anything, the county isn't doing anything. This won't solve it. But the way that you attack it aggressively or address it is a little bit of everything, chipping away at it. This is one of the better projects that I've seen, and not just the affordable housing piece, but the way it's been thought out, the unbelievably excessive buffers on all the sides. I mean, like Commissioner McDaniel and Commissioner Hall echoed, boy, there's a lot worse things that could come here, and I actually feel like they will. A dozen people came up here and, after they spoke, said, boy, you have a really difficult job. I wouldn't want it. Yeah, see, you wouldn't, because this is a difficult job. And you'll be happy with our decision if we vote against it, and then you'll say, oh, they're great commissioners, and then if we vote for the project, it's, oh, we're all -- you know, we're all dirt bags and we didn't put enough thought into it; we didn't listen to you. I'll end by saying, I like the point Commissioner Hall made. I do have a ton of emails from people, even in this district, who supported the project. So it's not a matter of walking out of here, if this is approved, saying, wow, 100 percent of the people in the room, you know, or 98 percent of the people in the room didn't want it. You know, some citizens said, wow, where's the teachers? Okay. All the teachers right now are in class teaching. So the reason you don't have teachers and firefighters and policemen here, what you have is a roomful of retired people that could sit here all day. And I'm not saying that's -- and there's people here that are working -- sir, we heard you, okay. Saw your videos, everything. It's my time, okay. October 24, 2023 Page 237 So I can tell you, if we closed the schools today, teachers would have been lined up outside this door, policemen would have been lined up, firefighters. So we don't sit here and keep score and take roll and say, wow, let's see, 86 people didn't want it. We have a much, much broader view of the county, and it's not just a matter of counting the number of emails. But there was a large group of people in here today that opposed the project, and I would have expected that. But as Commissioner Hall said, I also got plenty of emails from people that supported it, and I also know the silent majority that couldn't be here or didn't send an email. So I look at the project, not necessarily keeping score of how many people came to the podium, even though we did listen to every single word. But I lean towards supporting this project because I think it's the lesser of all evils, and it also has a great many large list of positives that I wish other projects would have. It's not overly large, and, you know, the list could go on and on. But I didn't come in here with a preconceived, you know, decision. I made a lot of notes here, plus and minus. But, you know, as we sit here and we listened to all sides and then we also digest other decisions we've had to make on projects where you-all weren't here, like I said, I take pride in my vote being consistent. And so I'm going to support this project. Commissioner McDaniel. COMMISSIONER McDANIEL: And just for the sake of repeating it, this isn't about the housing. This isn't about -- I mean, the housing need's been here -- I lived here for 42 years now. There's always been a housing need. It's changed. It's different now than it was back in the '80s and '90s and early 2000s. It will be different 10 years from now. This isn't about the housing need. It October 24, 2023 Page 238 isn't -- it isn't about the circumstances that are in support of a developer. It has nothing -- I mean, this particular developer owns this piece of property, and I'm voting on the known. That's what I -- that's why I'm supporting this project, because of the known, for what it does. Like it or don't like it, that's the reason that I'm going to support it. And with that, I'll make a motion for approval with those stipulations. CHAIRMAN LoCASTRO: Okay. I have a motion for approval from Commissioner McDaniel. Do I have a second? COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: I have a second from Commissioner Hall. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: It passes 4-1. MR. YOVANOVICH: Thank you. MS. PATTERSON: Commissioners, before the court reporter break, would you like to take your item, formerly 16A8, now 11D? We had tentatively slated this one for a 4:00 time-certain, so we are a little late. CHAIRMAN LoCASTRO: Absolutely. MS. PATTERSON: This is the code enforcement case. Item #11D THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN October 24, 2023 Page 239 ACCRUED VALUE OF $27,800 FOR A REDUCED PAYMENT OF $14,683 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS V. MARIE A. LOUIS, FERNANDE DOUYON, AND JEAN R. LOUIS, IN SPECIAL MAGISTRATE CASE NO. CELU20210013112 RELATING TO PROPERTY AT 946 HAMILTON ST., COLLIER COUNTY, FLORIDA. (DISTRICT 5) -MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED (COMMISSIONER SAUNDERS OPPOSED) All right. Item 16A8, now 11D, is a recommendation to approve the release of a code enforcement -- CHAIRMAN LoCASTRO: Sir, sir, we're continuing our meeting. Thank you. MS. PATTERSON: -- of a code enforcement lien with an accrued value of $27,800 for a reduced payment of $14,683 in the code enforcement action titled Board of County Commissioners versus Marie A. Louis, Fernande Douyon, and Jean R. Louis in Magistrate Case No. CELU20210013112 relating to property at 946 Hamilton Street, Collier County, Florida. CHAIRMAN LoCASTRO: Okay. We're going to hear from -- MS. PATTERSON: You're going to hear from Mr. French and Mr. Iandimarino or the owner of the property. It is your preference. CHAIRMAN LoCASTRO: Let's hear from county staff first. I'd like to hear their analysis. MR. FRENCH: Good evening, Commissioners. For the record, Jamie French, your department head for Growth Management. With me is your Code Enforcement director, Tom Iandimarino. October 24, 2023 Page 240 We had a chance to go back and look at this property as well as some of the other properties, and we do appreciate Mr. Shapiro. We've -- I think we've processed a number of properties for you before, of which I know on previous properties, at least three of them, we found where Mr. Shapiro -- where under the old policy it equated to about $176,000 worth of fines, and the Board forgave those fines, and Mr. Shapiro paid out about $3,600. If this were still under your previously adopted policy, we'd make that same recommendation. But the Board took a hard stance at the beginning of the year, and so there is a settlement plan that Mr. Shapiro would qualify for. The fines [sic] have been abated. The home was purchased under a tax deed. I don't know what he paid for it. We're not realtors, but I'm going to say it's probably around 170- -- somewhere between 175- and $178,000. And it is in Immokalee off of Hamilton. And the value -- current market value of the home is 280,282. So, again, it's the will of the Board what you want to do, but we followed your policy on this one, and staff has made a recommendation. COMMISSIONER McDANIEL: Can I ask a quick -- CHAIRMAN LoCASTRO: I've got other people lit up. So Commissioner Saunders, and then Commissioner Hall. COMMISSIONER SAUNDERS: Do you know how long it took for the owner to correct the violation once he closed on that property? Because to me that's kind of the issue if he -- MR. FRENCH: It was right away, sir. I'm sorry. Again, Jamie French. It was right away. The home was sold on a tax sale. MR. SHAPIRO: Foreclosure. MR. FRENCH: On foreclosure, and so as soon as Mr. Shapiro took it over. And there were liens against the home already. So it's been a home that's been a problem for a long time. October 24, 2023 Page 241 COMMISSIONER SAUNDERS: So the liens would have been wiped out in the foreclosure, and then he immediately corrected the violation? MR. FRENCH: The liens would have transferred, sir. So he would have -- he would have known the liens were on there when he purchased the property, or he should have. COMMISSIONER SAUNDERS: Are we talking about existing liens? MR. SHAPIRO: Yes. COMMISSIONER SAUNDERS: I'm a little confused then. I thought we were talking about an ongoing penalty. So we're talking about existing liens that he was aware of when he purchased the property? MR. SHAPIRO: No different than the other gentleman that appeared before you six months ago. Those liens were on there. COMMISSIONER SAUNDERS: Okay. Thank you. CHAIRMAN LoCASTRO: And just for review, so it was 16A8, right? MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: So the proposal was to take 27,800 and reduce it to 14,683 or zero, if -- that's what his proposal is, right? I'm correct on those numbers? MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Yeah. A foreclosure sale, you're subject to U.S. tax liens and code enforcement liens, and they're of record. I've bought hundreds of properties with liens on them. You know it. I've never bought one expecting to get it abated, and I'm going to be for keeping to what we have here. CHAIRMAN LoCASTRO: Yeah. I mean, I'm the one that brought this whole process to the Board, you know, a few months October 24, 2023 Page 242 back, maybe even longer, saying we were letting a lot of taxpayer dollars walk out the door. And so if this is a special case, if he was sort of under the date before we approved it or -- you know, I've love to hear that from you. But I think, you know, we're sticking to a new process of, you know, you buy property, you inherit the things that are on it, and, you know, there's no more special discounts, because we're basically just letting taxpayer money walk out the door. COMMISSIONER HALL: Well, we are discounting it 50 percent. MR. FRENCH: Thank you, Commissioners. And again, speaking with your development director -- and, certainly, he's here to answer any questions. But -- so Mr. Shapiro did purchase the property before the policy was adopted, but the violation wasn't cleaned up. It was not cleaned up until after that policy was adopted, and no application was made to staff until after that policy was adopted. And the way this is written, it doesn't say that anybody who buys a property before is subject to this. It is simply you would make application no different than you would make application with a regular -- CHAIRMAN LoCASTRO: You're still making a recommendation to give him a discount so that he doesn't pay 27,000, but he would pay almost 15-, correct? I mean, that's the recommendation here? MR. FRENCH: That is our recommendation, sir, and that is your policy or the policy of this board. And the only thing that I would add is today you took action. It's the very first action that I've seen in now my 20 years that you moved forward with a foreclosure on a non-homesteaded property, and we have many more -- CHAIRMAN LoCASTRO: Yep. MR. FRENCH: -- that are going to be coming your way for consideration. October 24, 2023 Page 243 COMMISSIONER McDANIEL: Let's hear from -- CHAIRMAN LoCASTRO: Yeah. Sir, if you -- we'll give you -- COMMISSIONER McDANIEL: -- Mr. Shapiro. CHAIRMAN LoCASTRO: If you have some comments that you want to make. MR. SHAPIRO: Yeah. Based on this morning, I just prepared a short written statement. CHAIRMAN LoCASTRO: Go ahead, sir. MR. SHAPIRO: All right. I stand before you today on behalf of the 946 Hamilton Street Trust, the current owner of the property. First, I'd like to clarify a significant point. The trust became an owner of this property on April 27th, purchasing at a foreclosure sale. I did not create or was responsible for the violation for which $100 daily fine had been accruing, and, in fact, I immediately fixed up the violation. Since taking ownership, we've addressed and rectified the violation at our own expense. We have diligently maintained the property, enhancing its appeal and to uphold its compliance with local regulations. A key factor to consider is had the trust not purchased the property, it would have reverted back to the lender. In this scenario, Collier County would have received nothing from the lien. In fact, the foreclosure proceedings, they had a count in there that said that they were superior in right to the county code enforcement liens and the Collier County itself admitted that the lien stood secondary to the prior lender, MidFirst Bank. The trust has already prepaid the assessed or out-of-pocket costs on this case, which I had to do as part of making the application. The trust has maintained the property since April 27th, which was the time it was purchased. We have about 175,000 tied up October 24, 2023 Page 244 earning no interest awaiting the hearing, because there has been no procedure. When I called the County Manager to have the hearing, they didn't -- so I waited till August till I could even do an application because there was no application process because, I guess, this was so new. And the trust has spent hours of attorney's time, of paralegal time trying to get this hearing. But I want to draw your attention to a broader implication, and that is third-party bidders like myself are an invaluable service to the community. We purchase, rejuvenate, and maintain properties that would otherwise remain neglected. This not only uplifts the aesthetics of the neighborhoods but also maintains property values, preserving a robust tax base. By putting a financial strain on entities like ours, there's a very real risk of a chilling effect on future investments and future purchasers at tax deeds and property -- and foreclosure sales where there is code enforcement liens. This could potentially dissuade third-party bidders from purchasing properties with code enforcement liens, leading to prolonged periods of neglect for such properties, which would be detrimental to the community as a whole. So from a financial standpoint -- and I'm not sure where they're getting their market value, but the property market value, according to the tax records -- and I know this is low -- is approximately 151,000. We anticipated possibly selling the property for a moderate profit, but with this additional burden of the code enforcement -- and keep in mind that I have a 30-year history of dealing with code enforcement, and while the application was made after this -- I think it was 2023-90, the resolution that was passed, when I purchased the property, I would have no way of knowing that this resolution would have been passed. So to your point, Mr. Hall, when I purchased this property, while I did know there was code enforcement liens, I had also had a October 24, 2023 Page 245 30-year track record of purchasing properties where I would immediately clear up the violation, and the fines would be waived as long as I paid the hard costs that the county actually had out of pocket. And keep in mind there was $100 fine per day on this before I came and cleared up that violation. So in closing, I kindly urge the members to consider the diligent efforts of the trust, our commitment to the community, and the broader implications, and hope that you can see justice and the mutual benefit in waiving the accumulated fines and allowing us to proceed with the clear state -- clear slate. Again, if I would have known about this resolution prior to purchasing it, then I could have made an informed decision, but having kind of bought it, like just, I think, a couple weeks before the resolution was passed, you know, I was kind of, quite honestly, blindsided by a $28,000 lien that I did not anticipate because I thought that this would be business as usual for the last 30 years. And I can appreciate you wanting to get more money for the county, but there's another one of these that I have coming up which has yet to have been set for hearing. I don't even know how to get it to hearing other than I called the manager's office, and, like, can you set this for hearing. But in that case, there was actually a very large surplus that is going back to the county, where if the bidders don't bid on those properties, then there's no surplus. This -- that particular one was a tax deed sale. The county may end up owning the property. They're, then, responsible for clearing the violation. And, quite honestly, if the county sells it, they would have to -- you know, I'm not sure you're in the business to do that. But if you sell the property, you have to clear the violation to sell it, and then you're going to have to, you know, potentially take a loss on the property yourself. So for all those reasons, I just think on this specific situation, I October 24, 2023 Page 246 was not aware that this -- of this resolution nor could I have been aware, because it wasn't passed yet, number one, and then number two, I think that -- in general, I think this is probably a good thing, but when it comes to the specifics of foreclosure and tax deeds, I think it could have a chilling effect on people buying properties with tax liens on it, which could ultimately cause harm to the county financially. CHAIRMAN LoCASTRO: Commissioner McDaniel, and then Commissioner Kowal. COMMISSIONER McDANIEL: Yeah. And, you know, I certainly appreciate your circumstance. I mean, you get to going down a path for 30 years, and you assume that the path hasn't changed, but the path has changed. And so I think that the recommendation of our staff to discount the -- you walked in knowing there was $28,000 worth of code enforcement liens, and they're recommending that we reduce it down to 15- or so. So I think that's a -- I think that's a fair -- I think that's a fair statement. So I'll make a motion for approval of staff recommended -- CHAIRMAN LoCASTRO: I would second that. Let me hear from the other commissioners, though. So we have a motion and a second. But Commissioner Kowal and then Commissioner Saunders. COMMISSIONER KOWAL: Thank you, Chairman. Yeah. It sounds, like, for 30 years you did get a discount. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER KOWAL: You know, because those were fines, those were real things, and we had code enforcement officers that were involved in those investigations that had to go out. They're being paid by tax dollars of the citizens here in Collier County, so -- and then you came in today -- and we're already reducing it by $13,117 of what is actually owed that somebody physically had to go October 24, 2023 Page 247 out and find these violations, work these violations. MR. SHAPIRO: I don't want to interrupt, but I did pay the actual administrative costs, like the hard out-of-pocket costs. And then also, I was not -- I probably wouldn't have purchased the property if I'd known that there was $28,000. COMMISSIONER KOWAL: Well, I guess today is your enlightening, your warning that moving on that this is business now, not the way it was. MR. SHAPIRO: Yeah. COMMISSIONER KOWAL: I've never been a proponent of people always saying, well, that's the way it's always been. You know, well, maybe it wasn't right. Maybe it wasn't the efficient -- MR. SHAPIRO: But at the time I bought it, it wasn't -- COMMISSIONER KOWAL: Once again, could I speak? MR. SHAPIRO: Yes. COMMISSIONER KOWAL: Okay. Yeah, I think, moving on -- so now you have this information moving on, and now you can make your own conscious decisions if you want to keep investing in property here in Collier County and move forward. And if it's -- if it works for you, it works for you. If it doesn't, then that's all on you. But I think today, I think we make it clear that this is going to be the path moving on. So I'm good with the discount you already got, the $13,117. So I would have to support the motion. CHAIRMAN LoCASTRO: Yeah. I was going to echo that it is being discounted. Maybe it's not being zeroed out, but you've benefited from, you know, quite a few discounts. I'd be flabbergasted if you actually with a straight face would look at this commission and say, if you knew you had to pay 14,000 you wouldn't have bought this property. I think you would have made a bad business decision not buying the property due to this 14,000, because, I appreciate your charitable contribution to the county by October 24, 2023 Page 248 buying a distressed property and making it better and then maybe flipping it for a profit. But I think -- you know, the 14,000, I think, is a small price to pay for a property you knew had liens on it, and maybe in the past they were all zeroed out. But I'd be shocked to hear that you would have second thoughts buying the property with that small discounted bill that we're about to impose upon you. MR. SHAPIRO: I appreciate it. So is there a way, going forward, that -- so it took me seven months to get this to hearing, and there's another one that I purchased in March that I still haven't been able -- CHAIRMAN LoCASTRO: Well, the gentlemen behind you are going to address that after. We're going to just stick to this right now. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I agree with the petitioner in terms of this because, quite frankly, I think it's a bit unfair for any businessperson who's buying property relying on a set of rules that are in place at the time he buys the property and then we change the rule after the fact. He's on notice now, and so I wouldn't entertain any reductions going forward. But I think it's only fair. There's no way he could have known that there was a change in policy. And I think it's auto -- I just don't think it's particularly fair to say, well, you bought the property before we changed the rules, tough luck. But going forward -- there would be no sympathy going forward, but I think -- I just disagree with the conclusion of my fellow commissioners on this. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Yeah. I mean, you've been around a lot longer than I have, but I -- doing this job, but I don't know that we -- if in the past we assessed fines and we put liens on properties just on the purpose not to collect them. I think even in the October 24, 2023 Page 249 past, the intent was to collect them. I just think the process was basically waving a magic wand and saying, okay, it goes away. You did a good job cleaning it up. But the intent of the rule even then was you were to pay it. And I don't think -- why would we even have it in the process. I'm not asking you to answer this question. I'm making a statement because my fellow commissioner here made a statement. I think we -- and our resolution was that we are going to start enforcing it, that we collect these fines, not that it wasn't there before. It just happened to be the practice before of not collecting it. So I just don't want to mince words. I don't know if that's right or wrong, but that's what I understand. COMMISSIONER SAUNDERS: Could I make just another quick comment on that -- COMMISSIONER KOWAL: Yes. COMMISSIONER SAUNDERS: -- because traditionally the policy had been, with Code Enforcement, to get compliance. It was not considered to be a revenue source. Now, we've changed that policy. Without question, that's been changed, and I support that change. I think it was the right time to do that. I'm just suggesting that this particular individual could not have known that we changed that policy, and it's not fair to have a new policy apply to someone who has relied on a policy, purchased a piece of property in reliance on that policy. Whether the policy was right or not I think is really kind of irrelevant. It was the policy that the county had. So that's why I disagree with the conclusion that, well, we've changed the policy; we're now going to collect these fines, and tough luck. I just don't think that's fair. That's all. CHAIRMAN LoCASTRO: Where I disagree with you, Commissioner Saunders, is I don't believe there was a policy. I October 24, 2023 Page 250 believe it was a practice, and a practice is a lot looser than a policy. I don't believe in writing it was -- and maybe it lasted for a long time, so it was sort of assumed it was the policy. But I just think the practice was, you know, people cleared the issue and everything went to zero. But, I mean, if it was in writing that everything would go to zero if somebody cleared it, I don't recall reading that. COMMISSIONER SAUNDERS: I think it's sort of like the old expression to-may-to, to-mah-to. CHAIRMAN LoCASTRO: Yeah. Oh, I don't think -- I disagree. COMMISSIONER KOWAL: I disagree with that. COMMISSIONER SAUNDERS: The practice -- (Simultaneous crosstalk.) CHAIRMAN LoCASTRO: Okay. We've all been heard. Commissioner McDaniel. COMMISSIONER SAUNDERS: That's what the county did. CHAIRMAN LoCASTRO: Policy and practice, I mean, you're an attorney, that's two different things. That's like saying should or might. That's not to-may-to, to-mah-to. Commissioner McDaniel, do you have something, sir? COMMISSIONER McDANIEL: No. Words matter. And, again, it's -- so having said that, I've already made a motion, so... CHAIRMAN LoCASTRO: So I've got a motion to support the county staff to reduce the fine from 27,800 to -- I'm sorry, sir? COMMISSIONER McDANIEL: As a comment, if I may. Did you ever get your question asked with regard to the process? Because you expressed that it took seven months to be able to get here. MR. SHAPIRO: So I have one more that fell in this window that I still have not been able to get -- COMMISSIONER McDANIEL: Can I direct you to Tom, to October 24, 2023 Page 251 our Code Enforcement director, to establish that process and make sure -- and then come back with a report to us so we know that there is a seamless process for this. MR. IANDIMARINO: Got it. CHAIRMAN LoCASTRO: Let's -- can we -- we'll close this. So I have a motion to -- COMMISSIONER McDANIEL: I forgot what I lit up for, and then when you were going, I remembered, so... CHAIRMAN LoCASTRO: But can we vote on the motion? COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: So I have a motion to reduce the fine from 27,800 to 14,683 as the county staff has recommended. So I have a motion from Commissioner McDaniel. I think I had a second already from Commissioner Hall; is that true, sir? Or I second it. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: It passes 4-1. Now we'll -- and you have the right people behind you there to talk about your future purchases and policies, right? COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: Okay. We're going to take a break. Let's come back here at, let's say, 6:55. (A brief recess was had from 6:41 p.m. to 6:55 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. County Manager, you're talking about maybe we go to public comment -- October 24, 2023 Page 252 MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: -- and then we'll pick up where we left off. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: Yes, sir. We just have a couple more items left, but we're going to bounce back to Item 7; this is public comments on general topics not on the current or future agenda. MR. MILLER: I have 10, but I can tell quite a few of these people are no longer here. Dr. Rich Schroeder? I don't believe he's here. I don't see him. Scott Sherman? I don't see Scott. I don't see Beth Sherman. I do not see Dan Cook. Jay Kohlhagen? (No response.) MR. MILLER: I believe he's left as well. Rae Ann Burton. I know Rae Ann's here. Rae Ann will be followed by Jackie Keay. So Rae Ann, you want to come up to this podium. We'll send Jackie to the other one. CHAIRMAN LoCASTRO: I think those ones you named off were all part of the -- MR. MILLER: Yes, but they all signed up to speak under public comment as well, sir. CHAIRMAN LoCASTRO: Oh, okay. MR. MILLER: I checked with -- October 24, 2023 Page 253 CHAIRMAN LoCASTRO: All right. Ms. Burton, the floor is yours. MS. BURTON: Good evening. My name is Rae Ann Burton, and this one I'm prepared for. We the taxpayers, voters, and homeowners of Collier County voted you, the current BCC, in with the understanding that the Board would uphold the GMP as it is and make only changes within the parameters of the GMP. One, conditional use only in zoning proposed areas already under the plan with minor, not major, revisions. Examples: Developers proposed drastic changes from the plan for conditional use in residential areas. We've seen that. Two, these GMP drastic changes should be brought before the voters and taxpayers first, not hastily approved by the Board if there are other areas near or already zoned for soft [sic] zoning. There are other areas more suited that are not fully developed. Three, GMP was put in effect with the understanding that it would be upheld to protect all concerns raised by the residents at public meetings prior to adoption of the GMP. Four, dense communities, apartments, commercial, and neighborhood centers are not cohesive with the unique Estate area of single-family homes and open space. Dense communities need to be built on main roads, not local Estates streets. Five, local roads are being re-categorized to approve denser developments and commercial uses. Increasing width or adding lanes won't increase [sic] traffic, even dangerous problems for homeowners trying to get in and out of their driveways and longer travel time. Six, travel time once was a pleasure, now a headache. Praying to get home safe. What once took 30 minutes from 31st Avenue to this development now takes 45. Today it took an hour, without October 24, 2023 Page 254 accidents. Seven, people move to the Estates because of more open space, cheaper than city, less congested city traffic, the nature, and perfect place to raise children or retire. Eight, once an open neighborhood now mostly fenced in/gated with security cameras and alarms. Nine, once enjoyed wildlife in my backyard now all gone but dead on -- more dead on the streets. Ten, growth is good if it benefits current residents, not just stuff the developer's bank account. Please remember it was the voters that give you the right to make reasonable decisions for the welfare of the rights to protect and to preserve the quality of life of the Estates. Quality of life is mentioned a lot by this board, but I wonder whose quality of life is being referred to. Us, your constituents, or your developers? Now I'll go home and feed the cats. MR. MILLER: Your next speaker is Jackie Keay. She'll be followed by Tyler Wood. Is Tyler still here with us? Hold on just a second, Jackie. Tyler Wood? (No response.) MR. MILLER: Papa Ndiaye? I'm pretty sure he left as well. So, Jackie, you'll be followed by Patrick Post. MS. KEAY: Jackie Keay. So I am done with the divisiveness, hate, and racism in our country. The realities I live with as a black woman is that some people will discriminate against me, some people will hate me, and some people will even try to physically harm me simply because God chose to create me with beautiful brown skin. Fortunately for me, more people recognize my value and love me for the beautiful and loving soul that I am, so... October 24, 2023 Page 255 So these are the truths I live by. I am a disciple of Christ, I am loved, and I am a queen. I don't need anyone's permission, validation, approval, or acceptance to live my life as I choose and to fulfill my God-given purpose. Moving on. One of my favorite quotes is: Those who are ignorant of history are doomed to repeat it. I have studied slavery and its consequences extensively. Slavery not only unleashed the seven deadly sins, but it brought out the evil, depravity, and sadism in people which have been passed down through the generations. Slavery and its consequences have led to the decay of our social, spiritual, and moral values as well as democracy. Slavery is known as the original sin. As such, many of the problems we face today intersect with slavery. This cursory list includes poverty, sex trafficking, modern-day slave labor, child abuse, sexual violence, domestic violence, pedophilia, police brutality, systemic racism, even the Holocaust. We have domestic terrorism as well as white supremacy in our hateful and toxic culture. Whitewashing, lying about, or denying slavery and its atrocities will only keep our country in a perpetual loop of trauma and destruction. We should study how Germany dealt with the Holocaust to understand how to heal our country and people from the consequences of slavery. For example, the Holocaust is taught in every school to every student, and they all visit at least one of the concentration camps. I lived in Germany for over 17 years and never -- never heard on either side of the Holocaust that the people became hateful or hated their country or hated themselves because they learned the truth. As a matter of fact, German people are very outspoken about the consequences of hate and racism. So the idea that in our country we are willing to point out the racism, anti-Semitism in other countries but we're not willing to point out the racism and anti-Semitism in our October 24, 2023 Page 256 own state and in our own country -- I'll leave with one final quote from the Bible. I'll paraphrase that the Bible says we should take the -- you know, before we take the speck out of someone else's eye, which is tiny, we should take the log out of our eyes, which is large. So we are more at fault for racism and anti-Semitism because we allow it. Thank you. MR. MILLER: Your final commenter for Item 7 is Patrick Post. MR. POST: Hello. My name is Patrick Post. MR. MILLER: Sir, can you bring the mic up and talk into it. Thank you. MR. POST: My name is Patrick Post, and I'm with a group called Sustainable Planet USA Organization. For the last 20 years, I've been promoting sustainability for homes and communities for -- in the last 20 years nationwide. Four years ago, I wrote a proposal, and I sent it to Governor DeSantis about creating a light rail train system for our community. It would run from Marco Island to the airport and then continue on up to Tampa. The cost of building a train system like this, which is popular in many cities around the country, like Portland, Oregon, where I come from -- and it runs about $25 million a mile, about the same cost to build a toll road or the new freeway -- or the freeway, I-75. They want to do some new expansion of it from six to eight lanes. The cost of that has been estimated roughly $575 million. The cost to put light rail in the center of the freeway, which is designed for trains -- it was originally designed with that in mind. You could put a light rail system along that rail line. And I have a proposal that -- there's been a lot of discussion that the county, Lee and Collier County, will spend approximately October 24, 2023 Page 257 $4 billion over the next 25 years making roads easier to travel and less congestion and -- to handle additional people living here and traffic. That same $4 billion could be designed into a grid system of light rail transportation for our community in Southwest Florida here, and it could run three main lines; one up the freeway, one up Collier to the airport, and maybe even continue on to Babcock Ranch, as well as it could run from Marco Island up 41 to Goodlette-Frank, downtown Portland -- or downtown Naples, and then continue on up on the railroad tracks that are abandoned in North Naples, Bonita, Estero. My idea is to create a grid system with three main lines going north and maybe six to eight running east and west. This system works phenomenally well in Portland, Oregon. It works phenomenally well in cities all over the country. It's a terrific way to move people around. And I wanted to just make you aware of it. And I've had support from all over the country for many of my proposals over the last 20 years; governors, senators, and even the Department of Energy, as well as FP&L sent me a letter 15 years ago about my ideas. So I just wanted to make you aware of it, and I have proposals I can present to the commissioners any time they wish to see them. Thank you. CHAIRMAN LoCASTRO: Yeah. I would just say that you should speak with our county manager. You know, your presentation at our MPO meetings or some of the other transportation gatherings that we have would be very beneficial. And there's already been people at those meetings that have presented rail proposals. So, you know, I would just say get with Ms. Patterson afterwards. MR. POST: Yeah. I would be glad to. I did talk with Trinity October 24, 2023 Page 258 Scott -- CHAIRMAN LoCASTRO: Oh, perfect, yeah; same thing. MR. POST: -- last Friday, along with Commissioner Hall -- CHAIRMAN LoCASTRO: Perfect. MR. POST: -- regarding my proposals, and I will be contacting them right away. I gave Trinity one of my proposals of the plan that I gave to Governor DeSantis and, you know, I have other information as well that supports these concepts. CHAIRMAN LoCASTRO: He's kind of busy right now. We might be able to actually do something from here to Tampa. From here to Tampa we've got a little bit more of a microscope on things maybe than he does right now. Not being disrespectful, but... MR. POST: I'm just hopeful that he might see the wisdom of supporting this for his -- you know, as far as, politically, it would be a good thing for him to do. It would be good for the state. CHAIRMAN LoCASTRO: Thank you, sir. MR. POST: All right. Thank you. MR. MILLER: That was our final speaker under Item 7, sir. CHAIRMAN LoCASTRO: Okay. County Manager, where are we going next? Item #11A AN AGREEMENT FOR SALE AND PURCHASE WITH (1) ANNECY MARCO, LLC, BARFIELD HAWAII, LLC, AND 201 BARFIELD, LLC (“ANNECY/BARFIELD”); (2) DIANE GREENE CHESTNUT; (3) SOUTH TERRA CORPORATION; AND (4) AGUA COLINA UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $6,549,900. (JAIME COOK, DEVELOPMENT REVIEW DIVISION DIRECTOR) (DISTRICT 1) – MOTION TO APPROVE October 24, 2023 Page 259 ALL 4 BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS – FAILED (COMMISSIONERS MCDANIEL, HALL AND KOWAL - OPPOSED); 1. ANNECY / BARFIELD LLC - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED; 2. DIANE GREENE CHESTNUT - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS – APPROVED (COMMISSIONERS MCDANIEL AND HALL - OPPOSED); 3. SOUTH TERRA CORPORATION - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL – APPROVED; 4. AGUA COLINA - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER SAUNDERS – FAILED (COMMISSIONERS MCDANIEL, HALL AND KOWAL - OPPOSED) MS. PATTERSON: Commissioners, that brings us to Item 11A. This is a recommendation to approve an agreement for sale and purchase with, 1, Annecy Marco, LLC, Barfield Hawaii, LLC, and 201 Barfield, LLC; 2, Diane Green Chestnut; 3, South Terra Corporation; and, 4, Agua Colina under the Conservation Collier Land Acquisition Program at a cost not to exceed $6,549,900. Ms. Jaime Cook, your development review division director, is here to present. MS. COOK: Good evening, Commissioners. Jaime Cook, your director of development review at Growth Management/Community Development. Today you have four parcels for your consideration on Marco Island. All are located in southern Marco Island and were considered -- I'm sorry -- were approved as part of the Cycle 11A October 24, 2023 Page 260 acquisition list in December of 2022. All four of these properties contain listed species, which was one of the main considerations for their acquisition. And additionally, they contain native habitats that are rare to Collier County. Before we get started, just for your awareness, the current purchasing policy requires that if a property is valued at over $500,000, two appraisals are required, and the appraised value is then determined as the average of those two appraisals. So when you see some of these numbers tonight, that's where those appraisal values came from. The first properties are the Annecy/Barfield properties. This is four parcels consisting of 2.13 acres on South Barfield immediately south of the Publix at the corner of Barfield and San Marco Roads. The listed species on this property included gopher tortoise. There were potentially -- 182 potentially occupied burrows, which would equate to about 91 gopher tortoises occupying those four parcels. Burrowing owls and bald eagles have also been identified on this site, and there is an active bald eagle nest on the site. The habitats that were identified include the coastal scrub and maritime hammocks, which are rare habitats in Collier County. These habitats are found typically in upland areas, dune areas, sandy soils, and are threatened typically by urban development, as well as exotic invasion. The closest archaeological site to these four parcels is about a thousand feet to the west of this site. And the purchase price of 3.14 million was the average of the two appraisals on the property. Management costs for the first two years of -- if this property were to be acquired are relatively high due to exotic removal that's required as well as restoration to replant some of those cleared areas. The Chestnut parcel is 0.53 acres located at 660 Inlet Drive. The purchase price of $627,500 is, again, the average of the two October 24, 2023 Page 261 appraisals. This site has 37 potentially occupied gopher tortoise burrows, so potentially 18 tortoises on the site, as well as burrowing owls, and is about a half a mile north of the existing Otter Mound Preserve. The closest archaeological site to this property is about a thousand feet south of this parcel. Management costs are slightly lower for this parcel because it's not anticipated that there is a lot of exotics, and not a significant amount of restoration would be required. The South Terra Corporation parcel is located on Caxambas Drive. It is 0.56 acres of coastal scrub habitat and contains about 59 potentially occupied gopher tortoise burrows for about 30 tortoises on the site. The purchase price of 1.62 million is slightly lower than the average of two appraisals, which was 1.72 million. It is identified -- it is within an identified archaeological site, but as you can see from the aerial photo, management costs would, again, be significantly higher during those first two years due to exotic removal being required as well as restoration and native plantings. And then, finally, the fourth parcel, Agua Colina, is 0.63 acres located directly adjacent to the South Terra parcel. This property had 41 potentially occupied burrows, accounting for about 20 tortoises on the site, as well as burrowing owls. This site is also within an identified archaeological site. And during the review of this property, 16 intact human burials were discovered, consisting of a minimum of about 28 individuals. The purchase price of 1.12 million is the appraised -- or average of the two appraised values of the property. Again, restoration would be required, so management during the first two years for exotic removal and restoration would be slightly higher than most parcels. October 24, 2023 Page 262 Acquisition of these four -- these four projects would be seven parcels totaling 3.5 acres to include the overall purchase price of $6,507,500, as well as the closing costs, for a total of $6,549,500. And with that, staff does recommend the approval of these four purchase agreements to acquire these properties as part of the Conservation Collier Land Acquisition Program. CHAIRMAN LoCASTRO: I know we have public comment. MS. COOK: With that -- CHAIRMAN LoCASTRO: Mr. Miller, how many? MS. COOK: -- any comments? MR. MILLER: We have 10. CHAIRMAN LoCASTRO: Wow, okay. Why don't we hear from public comment, and then that might help us understand these properties a little bit better, rather than just saying yay or nay prematurely. MR. MILLER: Sure. Your first public speaker is Richard Blonna. He will be followed by Brittany Piersma. Mr. Blonna's been -- CHAIRMAN LoCASTRO: Wait a minute. Hold on -- is this Councilman Blonna from Marco Island that just broke a piece of our furniture? Is that what happened back there? COMMISSIONER McDANIEL: We have some reimbursements that are coming back. CHAIRMAN LoCASTRO: Ms. Kinzel, I would task you with the billing to the City of Marco, and let's get a high-quality replacement chair for the one that he just broke. I don't know. MR. MILLER: All right. Mr. Blonna has been ceded additional time from Deborah Woods. Is Ms. Woods present? MR. BLONNA: No, she isn't. MR. MILLER: Stefan -- MR. BLONNA: Bolsen. October 24, 2023 Page 263 MR. MILLER: Bolton [sic]. (Raises hand.) MR. MILLER: Yeah, he's here. And Amy Orgass. She's here. He'll have a total of nine minutes. Let me get his PowerPoint ready and up for him before we start the clock. All right. Mr. Blonna. MR. BLONNA: Okay. Thank you. I pre-tested this for eight minutes, so I should finish in time. CHAIRMAN LoCASTRO: Go. MR. BLONNA: Originally I said "good morning," councilor -- Commissioners, but we're going to change that to "Good evening, Commissioners." Today marks the end of a long journey that started two years ago with Brittany Piersma and Brad Cornell, who are both in the audience, of Audubon, and myself identifying the 30 most conservation-worthy and at-risk parcels on Marco Island. The four parcels in front of you today are all that remain of the original 30 that made it through the rigorous Conservation Collier Land Acquisition A-list ranking process and your initial approval months ago. Let me take you on a little tour of these islands and give you a slightly different look than we just got. So I'm going to use my pointer just, if I can. Maybe not. There it goes. So the two parcels, Agua Colina and South Terra, at the farthest south end of that island -- and that yellow line is actually a waterway, and then the other parcels are here and here. And I'm going to talk to you about this multiuse path, which I'm going to call the gopher tortoise trail. Let's start down here first with Agua Colina. October 24, 2023 Page 264 Next slide, please. Okay. And then the next slide. So South Terra and Agua Colina, as you saw, are contiguous. What wasn't mentioned was this canal. This canal offers a major feature that isn't really available on any of the Marco -- the Conservation Collier parcels that I've seen in the two years I've been following this. And what other thing that makes it unique is that these are two paved city streets. So the access to these two lots through both paved city streets and canal access makes them very accessible to the public and also very accessible to Conservation Collier for future maintenance. What makes these two properties so special is their archeological and historical significance was in addition to their A-list ranking by Conservation Collier. Their potential as a learning laboratory for Conservation Collier and interns from programs and conservation archeology and history is just unlimited. And as you can see, they also have excellent access for both land and water and, ultimately, could provide viewing opportunities for both land creatures as well as manatees and dolphins that frequent the canal. I've paddled my kayak into this canal all the way up to the end and have seen both manatees and dolphins there. Next slide, please. Okay. So now we get back to my aptly named gopher tortoise trail, which starts at the very first Conservation Collier preserve called Otter Mound and ends at the Annecy Marco parcels, should they be acquired by you. Next slide, please. There's our Otter Mound Preserve sign. Next slide. This is actually the end or the beginning of the 8-foot multiuse path -- paved path that the City of Marco Island donated and built in anticipation of having these parcels acquired. This will allow access October 24, 2023 Page 265 both by bicycle and by walking for about a mile and a half to two miles north up to the Annecy/Barfield parcels. Next slide, please. This shows you that multiuse path heading north. Next slide, please. This is an interesting slide. It's at the corner about halfway up the gopher tortoise trail, and the reason I included this slide is because it shows a parcel that was nominated at the corner of Watson. And what we found out, after extensive investigation, was that this parcel is actually owned by a billionaire, and he created a trust to actually preserve this parcel in perpetuity. And I just brought it up because we really dug and dug and dug and finally reached this gentleman who, by the way, is the founder of three international conservation organizations. And when we spoke to him, he said, I don't want to have this purchased. I'm going to keep it in trust for perpetuity, and I'm thrilled that it's part of this continuum along Inlet. Next slide, please. This is just an example of one of the in-kind contributions that our city staff is making. We've got our public works department to agree to put these signs in both the roadway -- and then you'll see signs that are on the land. Next slide, please. That's what it looks like. This one is right up the road on in Inlet between that Watson property and the Diane Chestnut property. So if you're driving up Inlet in your car, you can't miss this sign. Next slide, please. This is the Diane Chestnut property. If you're walking or bicycling up along that multiuse path, you can see this property. It's across the street. It's an excellent viewing position where you're safe and you're off the road, and you can see the gopher tortoises in the open space when they come out and sun themselves or munch on October 24, 2023 Page 266 grass. Next slide, please. All right. This is -- again, you've just seen this slide, but I wanted to point out a couple of things. This is -- the multiuse path that I was talking about is actually this path right here. It looks like a sidewalk, but it's actually eight feet wide, and it goes down and meets up at Inlet about three blocks from here. So you're able to actually walk up, and it's contiguous with these Annecy Marco parcels. Next slide, please. This is just a visual representation of all the gopher tortoise burrows that were identified by Brittany Piersma who, by the way, has worked tirelessly for the past three years, a year before I even got involved, with a funded gopher tortoise study that the City of Marco Island is funding, and she identified, along with her volunteers, this incredible array. Right along here is the treeline where the bald eagles nest, and down here you can see the multiuse path and Barfield. Okay. Next slide, please. Oh, my God. This is me 21 pounds and two years ago working with Brittany and a couple of volunteers. You can see this person out here has got a Ditch Witch. You can see the construction material. We actually got Audubon to agree to get the construction fence. The City of Marco Island got the permits. We paid for the permits. The owner, who's in the -- represented by the agent in our audience, Stefan, got the owners to agree to allow us to erect this construction fence, and I'll tell you why in a minute. Next slide. So one day, Brittany, myself, Brad -- and I put the stuff in the back of my pickup truck, drove it out here. Brad and Brittany helped me unload it and, with our volunteers, we installed it. You can see October 24, 2023 Page 267 this is Barfield right here. The year before this fence was up in 2021, there were 22 gopher tortoise roadkills caused mostly by the gopher tortoises crossing the road and being hit by cars on Barfield. After this fence was erected, in the next year, there were only five roadkills. So it made a major difference. And that is one of the first things that we'll try and get erected once everything is -- if the land is acquired, is to get a fence up that will keep those gopher tortoises in. Next slide. Okay. This is one of the signs that was put up, and this was -- is actually right along that property that we just described, the Annecy Marco property. This is a solar reflector. It gathers electricity, and this sign is actually a flashing sign that at night flashes -- it actually flashes during the day also warning people of the impending gopher tortoise crossing. And there's actually, in the road here, those painted roadbed signs also. Next slide. There's the American eagles in that nest. Next slide. And this is a point I wanted to make. This is our chief of police, Chief Frazzano, and these are the Marco Island Code Enforcement people. Brittany did a training for these folks and educated them about all the different aspects of, you know, gopher tortoises, burrowing owls, all the creatures that have to be protected. And kudos to our chief, because she really -- it resulted in stepped-up code enforcement activities and police activities where we're really seriously enforcing these codes. Let me do a quick summary, because I know we ran out of slides [sic]. This is just one other example of another donated parcel by a private citizen being maintained by Brittany and her volunteers. October 24, 2023 Page 268 So in summary, I understand that the Marco Island lots are expensive, so I want to show you what you're getting for your money in addition to preserving these A-list lots. Number one, unlike most properties for acquisition by Conservation Collier, all of the Marco Island parcels have instantaneous access via city paved roads and an 8-foot paved multiuse path, and two of the parcels are accessible by water. Two, this accessibility will reduce future maintenance costs because of the access. Number three, the City of Marco Island has donated resources to help Conservation Collier manage and protect these properties. We've already installed signs in the roadbed and on the sidewalk. Code Enforcement has already been enforcing speeding, illegal dunking -- dunking -- dumping, and illegal parking on all of the lots and will continue to do so, further reducing Conservation Collier costs. Number four, a large cadre of volunteers who are eager to help exist and, again, thank Brittany and her staff for that. And then, five, this is going to actually create a tourist attraction that will really be a benefit to the business community. The presence of these tortoises and these lots along Inlet, starting from Otter Mound and working all the way up to Annecy Marco -- I call it the gopher tortoise trail, but it's going to be a big boom to our economy. CHAIRMAN LoCASTRO: Thank you, sir. MR. BLONNA: Thanks for considering this, and thanks for hanging in there with us for two years. MR. MILLER: Your next speaker is Brittany Piersma. She'll be followed by Carlos Escarra. Is Carlos still in the room? (No response.) MR. MILLER: Hold on just a minute, Brittany. October 24, 2023 Page 269 Rosemary Tolliver? (Raises hand.) MR. MILLER: Is Rosemary -- okay. You'll be at the next podium. Brittany, give me just a second. Let me bring up your PowerPoint, and that's that one there, correct? MS. PIERSMA: Correct. MR. MILLER: You have three minutes, Brittany. MS. PIERSMA: Hi. Brittany Piersma, field biologist for Audubon Western Everglades. Thank you for giving me an opportunity to speak about these properties. We have surveyed over 200 properties on Marco Island, yes, specifically for gopher tortoises, but I just want you-all to remember -- and I've said this several times -- but these keystone species provide way more than just habitat for these gopher tortoises. So you're saving an abundant amount of species that use this vital habitat. On Marco Island specifically, we have incredible habitat and upland habitat that doesn't exist in a lot of parts of Florida. This upland habitat actually protected a decent number of these tortoises during the last hurricane that we had that came through, and if we're thinking about the habitat loss of gopher tortoises throughout the whole State of Florida, Marco Island has become very valuable. So this is not just protecting that exact species in our area but helping throughout -- the species in the entire state. So really quickly, to look at these properties -- you've already had kind of the basic information from them, but looking at South Barfield, yes, that is four properties together, but decent amount, around 91 estimated tortoises on that property. We've had several burrowing owl pairs that have moved around and use those gopher tortoise burrows throughout the nesting season October 24, 2023 Page 270 and, of course, it was mentioned the bald eagle pair, really important as well. These properties provide for really easy public access. It's a perfect walking area, as Blonna mentioned. Additionally, for me, it's really great education. We do a school program with Tommie Barfield. We do a lot of education with those students. Having them have areas that they can come view and see these gopher tortoises and burrowing owls is really important for everyone on the island. Moving on to the next slide, looking at 660 Inlet, I wanted to make sure you could see all of the other properties that are nearby. This is incredible habitat. I surveyed all these properties, and if you're looking at the nearby properties, there's actually around 125 burrows, estimating around 63 gopher tortoises just in the nearby properties. Of course, that property itself has around 37 burrows, estimating around 19 tortoises. So looking at that incredible habitat, this is, once again, an upland area. And additionally -- I'm not sure this was mentioned, but in 660 Inlet is actually an endangered species of velvet leaf milkweed, that there's someone that is very interested in doing research on. So there's a lot of different things that are valuable on this property. And, of course, once again, looking at these areas of upland habitat, it's the forage. It's really essential to look at. We have a lot of areas that these tortoises are moving in to people's front yards, but without this forage, they're not going to have what they need in order to survive. CHAIRMAN LoCASTRO: Brittany, I just want to ask you a quick question. I won't take away from your time. But go back to that one slide where you showed all those properties in red. We don't -- Conservation Collier doesn't own those properties in red, October 24, 2023 Page 271 right? I mean, obviously, Chestnut's the one in blue that we're talking about. But when you talk about species being on all those other parcels, those are just owned by private landowners, correct? Right now they're not on the A list, they're not being sought after by Conservation Collier. Is the thought that if we bought the property in blue and somebody tried to develop, that the animals would gravitate towards, you know, an area that doesn't have bulldozers on it, or what's -- what are you trying to show us, you know, here? I mean -- MS. PIERSMA: Number one, just looking at that it's not isolated. So you're not just buying one property that is amongst houses, and there's potential for other properties that potentially owners might consider doing the same process once they see one property is purchased. But then additionally just looking at the habitat itself, that there is immense habitat there. CHAIRMAN LoCASTRO: Okay. MS. PIERSMA: Okay. Last properties I'm looking at, on Caxambas and Indian Hill. This corner has significant history, and I think that's the really valuable aspect of looking at these two properties. There's a lot of people on Marco Island, especially with the beautiful museum, that really value that. So not only to maintain the tortoises. There's around an estimated 21 on that property, but looking at that history is really important as well. So thank you very much. CHAIRMAN LoCASTRO: Thank you. MR. MILLER: Your next speaker is Rosemary Tolliver. She'll be followed by Casey Lucius. Is Casey still here? Sharon Epple? (No response.) MR. MILLER: Not here. Brad Cornell. Well, I know Brad's here. Brad will be at the October 24, 2023 Page 272 next podium. Ms. Tolliver, you have three minutes, ma'am. MS. TOLLIVER: Okay, thank you. Thank you, Commissioners. I'm here to ask you to please seize this moment because it's now or never with these properties. The development is crazy, and we know that builders have deep pockets, and they would be willing to do what they can to acquire any vacant land. But it's really a diamond in the rough. And the great thing about it is it is easily accessible to the public. There's also the shopping center right next to it where people could park. So it's really a wonderful property. And I just -- all the threatened species need to be saved because it's -- once they're gone, they're gone. And the bald eagles are actually protected species. I'm a volunteer with Florida Audubon Eagle Watch. It's a statewide program that monitors nests throughout the State of Florida, and I monitor Marco Island. Currently, this is the only active nest on Marco Island. And the eagles, they're back. And they've been very busy this past week bringing in all sorts of sticks. I, you know, could have brought in slides and stuff, but I'm not that tech savvy. But my whole cloud on my computer's full of eagles. It's a very important property. These eagles have been there for five years. They've had sufficiently fledges. They've had to rebuild their nests a couple times. They've sucked it up during the construction when Publix got demolished and rebuilt, and they come back every season. So it's very critical that we save this property. Just for notes to put in it, the nest ID for that property is C zero -- or CO, for Collier, 059. That's the nest site ID with -- that's registered with Audubon of Florida. So thank you for your time. I really hope that you would save October 24, 2023 Page 273 this property. The eagles are already setting up for this year to have some more eaglets. And, like I say, it's valuable to the public to be able to enjoy them. People are coming around already, and they see me out, and they go, are they back? And it's like, yes, they are. So, please, it's very important to save this property, and you're not going to get this opportunity again. As a taxpayer on Marco and a taxpayer here for 45 years, I really think that it's important that you listen to the taxpayers that want these areas conserved, and that's someplace that I think that would be well spent. So thank you for your time. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Michelle Lenhard. MR. CORNELL: Good evening, Commissioners, Mr. Chair. Thank you for the opportunity to address you. I'm Brad Cornell on behalf of Audubon Florida and Audubon Western Everglades. Audubon supports the approval of these Marco Island parcels, which all have significant value for protected species, as you've heard, including the many gopher tortoises and the nesting pair of bald eagles and nesting burrowing owls and some, as you also have heard, have great archeological value for both pioneer and ancient Native American resources, including the human burials that were discussed. Most of the landowners who have applied for these applied about a year and a half ago; one of them over two years ago. These Marco parcels were approved by the Board for negotiation, and they meet the targeted protection area for urban wildlife habitat. And this is also important because it represents one of the unique roles that Conservation Collier plays, and that is buying habitat and wetlands and preserves that are near where people live, and that's a really -- that's a role that the state and the feds don't do. October 24, 2023 Page 274 I have several other points. Marco Island is a major donor to Conservation Collier tax revenues with only one parcel ever having been bought on Marco, and that was 20 years ago. So as you know from the ordinance, a primary objective of Conservation Collier is equitable distribution of those preserves, and this would be an important opportunity to address that for Marco Island. Next, the American Farmland Trust has done a cost of community services study in 151 communities across the United States, and they've been doing that for some years. In 2016, their studies showed that open and working lands that include conservation lands require only 37 cents of public services per dollar of the taxes that they contribute to public revenues, while residential areas require $116 of public services for every dollar they contribute to public revenues. So the lesson in that is that urban conservation lands will not impact county or city tax revenues and, likely, they're going to benefit property values, because nature preserves are public amenities. So that's an important principle in terms of value. Finally, I just want to say that Audubon Western Everglades and Audubon Florida have been dedicated partners with the Collier County, with Conservation Collier, and the City of Marco Island, and we will continue to do whatever we can to collaborate successfully on conservation outcomes that benefit all citizens. To that end, Audubon urges you to approve all four Marco contracts for Conservation Collier. Thank you. MR. MILLER: Your final speaker for this item is Michelle Lenhard. MS. LENHARD: Good evening, Commissioners. Michelle Lenhard, chair of Conservation Collier Land Acquisition Advisory Committee, and I'm here this evening really just to tell you that I'm October 24, 2023 Page 275 here. Because I've been attending your meetings and sitting here amongst folks, and I just want you to know that I was here to listen to you and to the presentations. And if you have any questions of me, I'm available. Thank you. CHAIRMAN LoCASTRO: Okay. Thank you, Mr. Miller. I just -- I want to make some comments. Obviously, this is in the heart of my district. I know these lots very well. We've recently taken a lot of hits from people with quite a bit of miscommunication, or misinformation, I should say, about Conservation Collier and what we did and what we didn't do, and that's a totally separate topic. I'll just be very clear and very brief. This is what Conservation Collier is supposed to be buying. We've had arguments -- or not arguments -- debate in here where we've seen little puzzle pieces of a tiny, small little lot that was connected out to some other lots, you know, out towards the Everglades, and there were some -- there's value there, and we voted to buy those parcels as well. I know these are expensive, but you're not going to get lots that have this type of environmental and conservation value on a place like Marco Island for $20,000. And so I've said from this seat before, Conservation Collier isn't a real estate program. It's an environmental protection and conservation program, and these are the types of lots that I think 77 percent of the people in Collier County voted to buy. There's other ones we've actually approved that I think you actually -- they actually could be slightly arguable as far as the best way to use money. They all have value, but these are at the extremely high end. They're on the A list for a reason. And I'll also echo something that City Councilman Blonna from Marco Island had said at a previous meeting. They've done their due diligence to sort of wipe away all the other lots that might be possible. These are the biggies. These are the four finalists that have been sitting for up to two years, and we either have to do it or October 24, 2023 Page 276 not do it. And I feel very strongly that this is what this program -- these are the types of lots that are supposed to be purchased. So I strongly support all four. I've been to all four many times. I know exactly where they are. We could debate how many turtles, this or that. We could even debate if we -- what we think about Conservation Collier. The program exists. The money is there. These are the types of lots that are supposed to be preserved, and I feel very strongly about it and support the purchase of all four and support the recommendation by our county staff and everybody else in between who are recommending that we purchase all four. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I agree with you. I support the acquisition of these parcels. They are expensive and -- but they're very valuable. And I visited most of them over the last couple years. I've taken pictures of the burrowing owls and certainly enjoy going out there. And I know -- I know folks on Marco Island will as well. So I'll support your motion, if you make a motion, to purchase. CHAIRMAN LoCASTRO: Well, I will make a motion. I want to hear from my colleagues, but my motion on the floor is that we buy all four. And it sounds like you would second it. Let me go to Commissioner McDaniel, and then Commissioner Kowal. COMMISSIONER McDANIEL: Okay. I'm going to ask Jaime to come back up. I'm not in support of the motion of buying all four, just so you know. I have a question. And in all candor, I don't think we need to buy a burial ground ever. That's not something that Conservation Collier needs to -- it's not -- it's not -- it's not needed for protection October 24, 2023 Page 277 from development by any stretch of the imagination. The other two parcels are individual parcels, limited parking, limited access. I think we have issues with public access on those pieces. But I do -- I have a question on the Terra Corp piece. That has water access. Do we have the capacity -- if Conservation Collier acquires a piece of property with that Terra Corp -- it was -- I wanted you to pull up the parcel on the view screen. MS. COOK: Troy. COMMISSIONER McDANIEL: Troy, what are you doing? MR. MILLER: I'm trying to follow along, sir. COMMISSIONER McDANIEL: We had sixty-some-odd speakers, and you -- CHAIRMAN LoCASTRO: Is he falling asleep on us? One thing I will say, I appreciate what you're saying about the burial ground, but there's more on that parcel than just that. COMMISSIONER McDANIEL: I don't disagree. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: I'm not arguing that there aren't environmental concerns on all these things. Again -- and, again, we're not here debating. CHAIRMAN LoCASTRO: The floor is yours. COMMISSIONER McDANIEL: I'm sharing with you my opinion of your motion and where I'm at here. CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER McDANIEL: I'm -- you know, we could spend all night discussing -- CHAIRMAN LoCASTRO: Oh, God, no. COMMISSIONER McDANIEL: -- those ratifications [sic]. Is there -- is there potential for public access for, you know, paddleboarders? I know I get asked a lot for additional boat access October 24, 2023 Page 278 for the public. If that -- that's one I could give consideration to, because there's some potential recreational use for nonmotorized vehicles to be launched back there in the back 40. MS. COOK: Commissioner, it is zoned residential, so we would need to work with the City of Marco Island for -- potentially for commercial access, but it's something that staff would be able to look into and work with. COMMISSIONER McDANIEL: So we have to get permission from the City of Marco? MS. COOK: Yes. COMMISSIONER McDANIEL: That fellow that broke our chair? CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: So -- and in all candor, I can support the Annecy/Barfield piece where the bald eagle is. That's a big, beautiful piece, and public access and education and all the good things that Brittany was talking about. I can support that acquisition. What are you doing, Councilman? You just walked up there. MR. BLONNA: Oh, I thought you had asked me about access via the water. Okay. COMMISSIONER McDANIEL: No. I got my answer. I'm sorry, sir. I didn't mean to be disrespectful. You're kind of my friend. I wanted to know the semantics. If Conservation Collier acquired that piece of property, we have to, then, come to the City Council to get approval to allow for public access for nonmotorized boat access? MR. BLONNA: Yes. COMMISSIONER McDANIEL: Okay. So -- and those are my points. Of the four, those are two that I can kind of sort of get happy October 24, 2023 Page 279 with. One with a proviso -- I'd like a preliminary before we pull the trigger on Terra Court just to get a shot over the bow from staff at Marco as to whether or not that property could be utilized. I could see both. I mean, there's a piece of property that's obviously environmentally sensitive, because it passed the muster, but I also have a public -- additional public benefit there for some of our recreational folks. CHAIRMAN LoCASTRO: One of the things I will say is a lot of the public access to these lots, whether we've purchased them or not, is on foot and bicycle, so it's not a matter of like, wow, there's not a big parking lot there so the value is minimal. Most people don't visit these lots by pulling their car up to the curb and popping it up on the grass. These are things that bike tours visit, kayak tours visit, or people just -- you know, Marco Island isn't a thousand square miles. So a lot of people park their cars and walk to a lot of these to enjoy and observe the wildlife. But, Commissioner Kowal, sir. I'm sorry. I didn't see you lit up there. COMMISSIONER KOWAL: That's all. Thank you, Chairman. Yeah, I was kind of on the same grounds -- I was in the same direction of Commissioner McDaniel about the South Terra Court. When I first saw that, I says, you know, we could kill two birds with one stone, pun intended. But, you know, if this could be a soft kayak launch for, you know, the neighborhood or people utilizing these properties as nature trails and things like that, or even like the councilman said, the people that do have access from the canal can boat up, kayaking, and stow the kayak somewhere on the property and then continue on to the other properties, you know, if it's possible. And you know, I kind of like -- I like that idea because I think, you know, you're preserving it October 24, 2023 Page 280 and, plus, you're giving the community and the people around there another source of activity to view nature in a different way. I guess my other question -- my other question would be is you mentioned -- is it the Agua Col -- oh, God. Caroline? CHAIRMAN LoCASTRO: Agua Colina. COMMISSIONER KOWAL: Agua Colina. I'm sorry. I wrote it wrong. You said there was human remains found on that property? MS. COOK: Yes. COMMISSIONER KOWAL: There was? MS. COOK: Yes, at least 28 individuals. COMMISSIONER KOWAL: Twenty-eight individuals. Is there any level of protection already in place because of that? MS. COOK: Yes. They would have to go through significant permitting with the state, having a licensed registered archeologist on site, if they were to even try to go through permitting to exhume the bodies and then develop the property. So the state would be involved in that regulation. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: I mean, would it be prudent to take these one at a time and vote, since Commissioner McDaniel has sort of stated that he's for a couple and not for them? I mean, I'm not trying to, you know, package all four of them together. What do you think, Commissioner Saunders? It looked like you were about to say something. What are your thoughts? Or anybody. COMMISSIONER SAUNDERS: Yeah. Either way that you want to do it. We can take a motion for all four, see if it passes. If it doesn't, then you can take individuals, or just start off with the individuals. CHAIRMAN LoCASTRO: Okay. Well, that's what I'll do. I'll make a motion that we purchase all four and we concur with October 24, 2023 Page 281 staff's recommendation to buy these A-list priority properties, and I think Commissioner McDaniel -- or Commissioner Saunders had made a second. COMMISSIONER SAUNDERS: I'll second. CHAIRMAN LoCASTRO: So I've got a motion on the floor. I've got a second from Commissioner Saunders. All in favor? Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Okay. So it fails 2-3. So I would say, then, we take them one at a time and see what the level of interest is for each particular property. So you want to go to the first one, Ms. Cook, and give us another quick review just so we don't confuse the properties? MS. COOK: I'm sorry? CHAIRMAN LoCASTRO: Yeah. So can you pull up the first property. We're going to vote on them individually, and maybe you could remind us again of the highlights, or we can read them. So I'd make a motion to purchase this one particular property. Do I have a second? COMMISSIONER SAUNDERS: Second it. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: So I've got a second from Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. October 24, 2023 Page 282 COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. So this property, Annecy on Barfield, passes. So on Chestnut, I'd make a motion to approve this property -- or to purchase this property. Do I have a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: I have a second from Commissioner Saunders. All in favor? Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Commissioner Kowal, did you say yes to -- COMMISSIONER KOWAL: I was for it. CHAIRMAN LoCASTRO: Okay. So this one passes 3-2. South Terra parcel, I'd make a motion to purchase this one. Do I have a second? COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: I have a second from Commissioner Hall. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? October 24, 2023 Page 283 (No response.) CHAIRMAN LoCASTRO: This one passes unanimously. And then Agua Colina, I'd make a motion to purchase this property. Do I have a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: I have a second from Commissioner Saunders. All in favor? Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Okay. So this one fails 2-3. It looks like we bought two and didn't buy two, if I kept the -- MS. COOK: I think we bought three. CHAIRMAN LoCASTRO: Or bought three. MS. COOK: Bought three. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: You're 75 percent. CHAIRMAN LoCASTRO: All right. I'm sitting there. Okay. It's late. All right. MS. COOK: And we will work with the -- we'll reach out to the City of Marco Island and see if -- what we can do for a kayak launch -- CHAIRMAN LoCASTRO: Yeah, absolutely. MS. COOK: -- on the South Terra property. Thank you. CHAIRMAN LoCASTRO: And I appreciate all the experts that came in and waited. I know it's a long night but, you know, I think very successful and prudent purchase. Thank you to my colleagues. October 24, 2023 Page 284 Okay. County Manager, what else you got? Item #11B 1) AUTHORIZE AND APPROVE RIVIERA GOLF ESTATES STRAW POLL SURVEY LANGUAGE FOR DISTRIBUTION AND TABULATION BY THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO DETERMINE THE LEVEL OF SUPPORT BY RIVIERA GOLF ESTATES PROPERTY OWNERS FOR THE ESTABLISHMENT OF A SPECIAL DISTRICT TO FINANCE THE INITIAL ACQUISITION AND ONGOING MAINTENANCE OF THE RIVIERA GOLF COURSE PROPERTY PURSUANT TO THE APRIL 25, 2023, MEDIATED SETTLEMENT AGREEMENT BETWEEN THE COUNTY, LA MINNESOTA RIVIERA, LLC, AND THE RIVIERA GOLF ESTATES HOMEOWNER’S ASSOCIATION, INC., FOR SETTLEMENT OF A BERT HARRIS CLAIM FILED PURSUANT TO FLORIDA STATUTES §70.001, RELATED TO APPLICATION OF THE COUNTY’S GOLF COURSE CONVERSION ORDINANCE ON THE RIVIERA GOLF COURSE; AND 2) DETERMINE WHETHER THE BOUNDARY OF THE SPECIAL DISTRICT SHALL INCLUDE TWO COUNTY OWNED PARCELS IN THE RIVIERA GOLF ESTATES USED FOR ACCESS TO THE COUNTY’S STORMWATER MANAGEMENT SYSTEM. (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 4) - MOTION TO APPROVE W/CHANGES BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: We're now to Item 11B. This is a recommendation to, one, authorize and approve Riviera Golf Estates straw poll survey language for distribution and tabulation by the October 24, 2023 Page 285 Collier County Supervisor of Elections to determine the level of support by Riviera Golf Estates property owners for the establishment of a special district to finance the initial acquisition and ongoing maintenance of the Riviera Golf Course property pursuant to the April 25th, 2023, mediated settlement agreement between the county, La Minnesota Riviera, LLC, and the Riviera Golf Estates Homeowners Association, Inc., for settlement of a Bert Harris claim filed pursuant to Florida Statutes 70.001 related to application of the county's golf course conversion ordinance on the Riviera Golf Course and, two, determine whether the boundary of the special district shall include two county-owned parcels in the Riviera Golf Estates used for access to the county's stormwater management system. Mr. Ed Finn, your Deputy County Manager, is here to present. MR. FINN: Thank you, ma'am. Edward Finn, Deputy County Manager. This slide is essentially the title that Ms. Patterson just recited for you. Rivera Golf Club was an 18-hole executive style golf course situated on 93.34 acres and located within the Rivera Golf Estates residential development. Riviera was a public golf course originally constructed in '71 and was renovated in '03. The course was configured and designed within a planned residential development as a marketing tool to sell homes. The golf course was previously purchased in March of 2005 for $4.8 million. The intention of the buyers at that time was to rezone and develop the property. As of May, the golf course officially closed. Mediated settlement, long and the short of it, the parties, along with -- the parties being the county and La Minnesota Riviera, LLC, and the Riviera Homeowners Association were invited to attend the mediation. They participated in a successful mediation in April of '23 and reached a settlement. That settlement came before the Board October 24, 2023 Page 286 in April of '23. The principal reason we're here is to discuss straw poll survey language. I have two slides on that, and I'm just going to go through them real quick, and if it pleases the Chair, I will run through the rest of the presentation just to provide the balance of the orientation. CHAIRMAN LoCASTRO: Quickly. I think we're really aware of this. MR. FINN: Very good. So Riviera HOA agrees it's in the best interest to provide this straw poll and get a determination. The Collier County Supervisor of Elections has agreed to facilitate a mail straw poll survey. The Supervisor needs a minimum of 60 days. Straw poll surveys will be mailed to and completed by property owners, and the return date for surveys will be 30 days from the mailing date. There are two lots owned by the county. They are used for county maintenance. The question is, are those to be included or excluded from the assessment district? Just by way of next steps, we would incorporate any Board direction into the survey. We would coordinate it with the supervisor to conduct and tabulate the survey. We would report back to the Board on those results. Depending on the results, finalize and bring back a district ordinance for adoption, update the settlement, less purchase cost, maintenance cost estimates, and update the working draft assessment roll. And if the ordinance is adopted, proceed with settlement, establish a plan of finance, establish tasks necessary to finalize the assessment for the tax bill. And if the ordinance is not adopted, the mediated settlement becomes null and void. Recommendations are effectively the title that we looked at. This is the first slide with the language relative to the straw poll survey. October 24, 2023 Page 287 So, generally speaking, the intent is to preserve the Riviera Golf Club property as undeveloped, passive recreation open space, support the ongoing expenses of the special district's repairs, maintenance, and insurance for both the drainage system and the golf course property, and, three, settle the $14 million Bert Harris Claim filed by La Minnesota Riviera against the county. If I may, the next slide. This would result in a mandatory annual assessment for Riviera Golf Estates lot owners, inclusive of an assessment for the $5.8 million principal, interest, and related acquisition costs over a 10-year period plus an additional ongoing component of the assessment for maintenance, insurance, and other expenses. And the balance of this -- and, if I will, I might as well read it for you. The combined preliminary estimated annual assessment is as follows: $2,602 per single-family dwelling lot in a cul-de-sac and fronting the golf course; $2,385 per single-family dwelling lot fronting the golf course; $2,168 per single-family dwelling lot off the golf course. This Riviera Golf Estates is made up of both single-family and mobile home. The mobile home, 1,851 per manufactured home lot in a cul-de-sac fronting the golf course, $1,697 per manufactured home lot fronting the golf course, $1,542 per manufactured home lot off of the golf course and, depending on what we do with the two county parcels I mentioned to you, those would be $2,168 per lot. With that, I'll be happy to answer any questions. I may well have some slides to provide some additional context if the Board so desires. CHAIRMAN LoCASTRO: Okay. I've got everybody lit up here. Commissioner Kowal, sir. COMMISSIONER KOWAL: Thank you, Chairman. Well, I know you're very familiar with this particular property -- October 24, 2023 Page 288 CHAIRMAN LoCASTRO: Oh, very. COMMISSIONER KOWAL: -- because after I got elected -- well, prior to getting elected, our boundaries of our districts. And this was your -- part of your district prior to that, and now it's in my district. And, you know, I was approached, even through the campaign and by hundreds of people in Riviera Golf Estates, you know, asking for a fix of their problem. And I think, you know, in a way, the County Manager and County Attorney had an opportunity to invite them into this Bert Harris lawsuit and kind of find a way out, and I think this is pretty much the end result of what we've come -- it came to was setting up this special direct taxing district to maintain the integrity of the golf course and their stormwater management process for their community. I don't know -- I have to ask the County Attorney, that this straw poll nowhere in here mentions, you know, what percentage -- or what percentage will be accepted, or is that something we'll make a decision after we see the straw poll, or can we set that now in saying that -- because looking at their bylaws, and their own bylaws -- and from what I'm told, that acquisition of property requires a two-thirds vote of their community, which is the 690 rooftops. Is that something that, in the motion, before we leave today, would that be set, or is that something that we'd have to wait for the straw poll itself and make that decision? Because I think, ultimately, it comes up to our decision after we see the result of the straw poll, correct? MR. KLATZKOW: Yes. You're not bound by a straw poll. It just gives you some evidence of what the community's interest is in it. As far as the two-thirds requirement, the HOA's attorney disagrees with that. I don't know what else to say. COMMISSIONER KOWAL: But I can make that motion October 24, 2023 Page 289 today? MR. KLATZKOW: Yes, you can. You can make the motion that it has to have a certain percentage in order for this to continue. COMMISSIONER McDANIEL: I don't mean to interrupt. I'm sorry. CHAIRMAN LoCASTRO: No, you're next. COMMISSIONER KOWAL: No, you're next. CHAIRMAN LoCASTRO: Do you want to hear from Commissioner McDaniel? COMMISSIONER KOWAL: Yes. CHAIRMAN LoCASTRO: All right. Go ahead, sir. COMMISSIONER McDANIEL: Well, I mean, just to play on that point, isn't it already part of their bylaws that a straw poll or acquisition of property has to be by two-thirds of the membership anyway? So we don't need to include that in our motion. We can just send out the straw poll and see what those results are and then make a move once we come back. I don't know why we would have to stipulate it in our motion today. COMMISSIONER KOWAL: I think because it's, ultimately, our decision when we see the result of the straw poll and a commitment to the community and what their integrity of what their bylaws are of purchasing real property. It is two-thirds, from what I understand. But we don't have to abide by that because it's, ultimately, our decision as a Board. COMMISSIONER McDANIEL: Correct. And in all candor, I would be hesitant in putting limitations on our capacities to make decisions going down the road, because if it doesn't pass by two-thirds, let's just say, then we're -- we're then -- we're obligated to a decision based upon their bylaws. And this is all part of a bigger drainage system. This is all part of the LASIP drainage, as you well know. I'm not telling you anything you don't know. October 24, 2023 Page 290 COMMISSIONER KOWAL: No. And I would -- I would like to have staff kind of entertain that, because from what we understand and the research I've been going into it and what staff's been briefing me on, that it would not be financially beneficial to accept any other water on this property without major construction to it. I mean, they can articulate -- or they can speak more to that, Mr. Finn, if you can enlighten. MR. FINN: Yes, sir. I'm happy to do that. The -- so the cost of acquisition would be 63-, $64,000 an acre. The proposal that was on the table was additional lakes of 20 to 23 acres, so we would have the initial acquisition cost plus about $7 million to construct the facilities. Neither of those sums are actually budgeted or planned. Additionally, the engineer for the homeowners association estimated that would be two hundred thirty-seven or forty-seven thousand yards of material moving around. They suggest that there might actually need to be a taking to construct the underground component of that system and, as Commissioner Kowal said, that engineer concluded by saying that, essentially, he appreciates our engineer trying to push a rope uphill, if you will. But he did not think it was necessarily a feasible project because of the disruption, and he did not feel it was going to be an economically feasible project. COMMISSIONER McDANIEL: So going back to your original statement, I'm concerned about putting limitations in this initial ballot -- or in this motion to approve this process, just because it may be -- I think it might be limiting to our decision-making processes going down the road. COMMISSIONER KOWAL: May I? COMMISSIONER McDANIEL: Yeah, sure. COMMISSIONER KOWAL: My logic is this: That Riviera Golf Estates, the people that live in that community, are not being October 24, 2023 Page 291 sued. The county's being sued for our site plan restrictions for conversion of a golf course. We're being sued for $14 million. And in a way, we're saying, all right, the county's being sued. If we have to settle this lawsuit -- I don't know what the number would be, but at this point we're saying the number's $5.8 million, and now we're putting that on the backs of the citizens that live in Riviera Golf Estates to pay the $5.8 million settlement that we're being sued for, not them. COMMISSIONER McDANIEL: Right. COMMISSIONER KOWAL: And my idea is that if we're going to put them in that position to have to use their money -- because some tax dollars are going to pay it. Me or you are not going to pay it. So at some point, I just want to make sure it's fair and equal for the community that they know that moving forward and that, you know -- and if they don't vote for it, this deal's off the table, we still have to deal with the Bert Harris lawsuit. COMMISSIONER McDANIEL: Well -- and in all candor, we're not being sued. There is a Bert Harris Claim. Have you spoken with the County Attorney with regard to his legal opinion in regard to that? We're not being sued yet here. There is a Bert Harris Claim for 14 million. The opportunity to eliminate the claim and go forward is to acquire this piece of property. I mean, we've been -- we've been doing this for dang near since I became a commissioner. I mean, this -- where's George? There he is. He's in the back. There was a -- clear back in 2017/'18 we were talking about buying this golf course for a couple three -- or a couple million less than this price that we're talking about today. So I just have a concern about putting a limitation on this straw poll as to what our decision will be in the future. I'd like to send a straw poll -- I'd like to have some comments with regard to the straw poll itself. I find it very confusing. October 24, 2023 Page 292 COMMISSIONER HALL: I'm trying. COMMISSIONER McDANIEL: What? COMMISSIONER HALL: I'm trying. COMMISSIONER McDANIEL: Trying what? COMMISSIONER HALL: To make a comment about the straw poll. COMMISSIONER McDANIEL: That's what I wanted to do, but he was -- he was over there -- I wanted to speak with Commissioner Kowal with regard to what he was talking about. I just -- can somebody pull up -- Ed? Ed? MR. FINN: Yes, ma'am. COMMISSIONER McDANIEL: Yes, ma'am? What are you talking about? COMMISSIONER HALL: It's late. COMMISSIONER McDANIEL: Pull the visualizer -- CHAIRMAN LoCASTRO: All this stuff in this meeting is happening up here. COMMISSIONER McDANIEL: Yes, both of you. Pull the question back up on the visualizer for me, please. And, really, just -- the first part of the question -- next. There you go. This is -- this is -- and this is to Commissioner Kowal's point. Why don't we just eliminate No. 3 on the question? COMMISSIONER HALL: Absolutely. COMMISSIONER McDANIEL: The folks in Riviera are not involved in a lawsuit or a settlement of a Bert Harris Claim by the owner. They haven't been named in it to my knowledge. Just eliminate that off. That alleviates them of that exposure. Then they can go through -- CHAIRMAN LoCASTRO: That's confusing. COMMISSIONER McDANIEL: -- and answer the questions as to whether they'd support it or not. October 24, 2023 Page 293 Now, go to the second page for me, please. Now -- and this -- because in my oversimplified Billy mind, I've got 699 rooftops, and I was looking for a flat fee for everybody, and then I found out that the residents engaged a consultant, and they came up with this formula to be equitable for the people that are off the golf course and on the golf course, mobile homes and not. And so I can set still with this, but if -- that's my thoughts with regard to the question itself. If we whack No. 3 on there, put it to them, and then come back, and then we'll make a decision going forward. MR. FINN: We certainly could create some white space on this and make it a little easier to read, separate single-family from the mobile homes. COMMISSIONER McDANIEL: I mean, it's -- maybe you just put it in columns or something just so that it's -- MR. FINN: Happy to do it. COMMISSIONER McDANIEL: -- a little easier to read. MR. FINN: Happy to do it. COMMISSIONER McDANIEL: I just -- I just found it very confusing and somewhat misleading when there was discussion about a Bert Harris Claim that doesn't necessarily involve them today. I'm done. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Yeah. I totally agree with taking No. 3 out. It's none of their concern. And, basically, the leadership of the HOA came and said, look, to keep from developing this property, we'll buy it for $5.8 million. And so that's -- the straw poll is just to take it to the homeowners to say, hey, do you want to do this or you don't want to do it. And I don't see anything -- just take No. 3 out. It's none of their business, and let them decide. If they don't -- if they do want to do it, we go forth. We know what to do. If they don't want to do it, October 24, 2023 Page 294 it's -- everything's off the table, and if the landowner wants to file suit against the county, he can do that. CHAIRMAN LoCASTRO: But we're asking them to agree to this breakout depending on what kind of house you have. And from my understanding, just following this -- you know, I mean, Commissioner Kowal's got the lead on this, but I think what we're going to find is there's people that agree with the 5.8 million, buying the course, but I think whatever this algorithm was that came up with this breakout of who pays what is -- my understanding is that's -- and maybe I'm guessing a little bit more, but we did see -- some of us have received some correspondence. There's still -- Commissioner Kowal, there's still some argument as to the citizens. This being in print isn't saying this is what they agreed to. This is what's being proposed, correct, this breakout of who pays what? COMMISSIONER KOWAL: This is my understanding is this is what they're going to see, and this is what they're going to vote on. CHAIRMAN LoCASTRO: Right, yeah. COMMISSIONER KOWAL: In their mind, this is what's moving forward, and that's what they're going to base their decision on, so that's why -- CHAIRMAN LoCASTRO: I just think what we might not get out of this poll is there's people that agree that buying it for 5.8 is what they want to do, but they may not agree with, sort of, the breakout of, oh, I own a house on a cul-de-sac, and I actually think that that figure is more than I should pay, so they're going to vote no, and -- but their no is going to be based on what their -- their personal assessment was, not that they didn't think that the -- that the golf course should be purchased by residents. I don't know. I just don't know if maybe it should be two questions. Do you agree the course should be purchased? If yes, do you agree these are the breakout costs per home? October 24, 2023 Page 295 MR. KLATZKOW: You've got to tie them both in. CHAIRMAN LoCASTRO: I'm sorry. MR. KLATZKOW: This is a -- you have to tie them both in. You can't separate this. CHAIRMAN LoCASTRO: Okay. MR. KLATZKOW: This is a special assessment. By law, you have to have an assessment report that says, well, this property's been benefited by this, this property's benefited by that, and that's what we did. CHAIRMAN LoCASTRO: Well, it's good for them to know that. Well, maybe they already do. Okay. I've got Commissioner Saunders, sir. COMMISSIONER SAUNDERS: Thank you. This may take a couple minutes, but I have to ask the County Attorney a couple questions. Let's assume that we don't buy this -- the HOA doesn't buy this property. We have the Bert Harris Claim that may result in a lawsuit. Tell us what happens if they file a lawsuit under Bert Harris. Now, we're talking about a $14-million-dollar claim. What really happens? MR. KLATZKOW: Well, they can claim whatever they want. But, I mean, this -- this property is very problematic to develop. They're going to have to purchase some of the residences there, knock them down, put in streets. They're going to have to go to this board for a Comprehensive Plan amendment and a rezone to get the density that's going to be required to make a go out of this. I don't know that this is a viable Bert Harris Claim to begin with. COMMISSIONER SAUNDERS: So let's assume for a moment that we have the claim out there. The claim will be very problematic, and so that's a whole different subject. So maybe this property doesn't even need to be purchased. If we lose -- if they file the claim and they are successful, does October 24, 2023 Page 296 that simply nullify our ordinance dealing with the development of a golf course, a conversion, or does it actually result in them getting a dollar amount? MR. KLATZKOW: It would result in a dollar amount. COMMISSIONER SAUNDERS: Okay. And at that point, we would own the property? MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: All right. And what is your estimation, if you had to come up with one, as to what that claim really is worth in light of the fact that you just said this property is very problematic to develop? MR. KLATZKOW: I am not worried about this lawsuit, not one little bit. I don't think they're going to be successful on it. And, again, Mark Strain, when he was with us, took a look at this and telling me that this is undevelopable. And, you know, Mark was an outstanding planner, and I go by that. COMMISSIONER SAUNDERS: And let me get back to the second part of this, then. The HOA has a procedure for buying property. MR. KLATZKOW: Yeah, but they're not buying the property. COMMISSIONER SAUNDERS: Well, I understand that there -- there would be a straw poll, and we would be buying the property but, in effect, we are assessing them for 10 years and -- well, hang on, hang on, Jeff. We're assessing them for a period of 10 years. At the end of that 10 years when they've paid all of that money back to us for the purchase price, who owns the property? MR. KLATZKOW: Well, it's going to be a special district. COMMISSIONER SAUNDERS: Okay. All right. MR. KLATZKOW: But having said that, the HOA's attorney is of the opinion that the two-thirds vote doesn't apply to this. This isn't my opinion. October 24, 2023 Page 297 COMMISSIONER SAUNDERS: I just want to make sure that if we had -- if the two-thirds vote did apply -- and I just assumed that it would because, in effect, they are owning this property, but that's -- we have a technical way that they're not owning it; they're just paying for it. MR. KLATZKOW: Yes. COMMISSIONER KOWAL: I guess my question is, who else would own it other than their special district that they will have to elect a board to receive it? And will there be a name on the deed? MR. KLATZKOW: No. It's going to be a special district. There's not going to be a name on it. There will be a special district created, and they'll be assessed, and then they'll have to maintain it after that. COMMISSIONER KOWAL: Well, who benefits from it? MR. KLATZKOW: The residents. COMMISSIONER McDANIEL: The residents. MR. KLATZKOW: And they're -- COMMISSIONER KOWAL: That answered that question I was asking. MR. KLATZKOW: And their primary benefit is stormwater, and their secondary benefit is not to have any development on the property. COMMISSIONER KOWAL: But that's real property. MR. KLATZKOW: Yes. Again, this came from the HOA. I mean, they're the ones who approached the Board and asked for help to acquire this property, and they agreed to the $5.8 million during the settlement discussions, and here we are. COMMISSIONER SAUNDERS: Mr. Chairman, do we have any speakers on this? CHAIRMAN LoCASTRO: Well, I was just going to say, I've got Commissioner Hall lit up, but I was about to say to Mr. Miller, October 24, 2023 Page 298 how many speakers do we have? MR. MILLER: We have six. CHAIRMAN LoCASTRO: Commissioner Hall, do you want to wait for the public comment? Okay. Let's go to public comment, sir. MR. MILLER: Your first commenter is Tricia Campbell. She'll be followed by Alan Carpenter. Tricia was ceded additional time from Kimber Perala -- (Raises hand.) MR. MILLER: -- who is right over there. Tricia will have six minutes. MS. CAMPBELL: I don't know where to begin. Tricia Campbell, 149 Estelle Drive. I'm also the president, Riviera Golf Estates. Alan Carpenter, the board's secretary, and the association attorney, Katie Berkey, and I were in regular communications with county staff ever since the three-party settlement agreement was entered into in February. I'm here to voice our community's concern about the terms, conditions, and costs set forward in our straw vote language. When first presented, we sincerely appreciate the county's initial concept of settling the golf course owner's Bert Harris Claim by helping Riviera finance the purchase of the property and maintain it through the establishment of a special district funded by affordable assessments of our property -- or our property taxes. We also want to acknowledge the time and effort that the county staff has put into conceptual -- conceptualizing the structure of the proposed special district. The project cost of -- I'm sorry, I'm just really tired -- costs of acquiring and maintaining and mostly the calculations of the proposed annual cost to the Riviera homeowners. After carefully reviewing the substance of the proposed straw October 24, 2023 Page 299 vote language and sharing it with our residents, I want you to know that we have a serious level of concern the proposed initiative will fail to receive a majority of positive votes from our -- from our community. I have to say this because the feedback I'm hearing from our residents is decidedly unfavorable. The basis of the objections mostly come down to the amount of the assessment being imposed, which has come in at three to four times what we suggested might be acceptable to our owners. We have also heard significant disappointment that we are being expected to bear the entire cost of a Bert Harris Claim not against Riviera Golf Estates but against Collier County, and we don't know why. We're an affordable senior housing community with most of our residents living off of fixed income. We're not -- we're a very different situation than, for example, Pelican Bay, Fiddler's Creek, or Lely Resorts. Riviera cannot be expected to bear additional costs as easily as some of the wealthier communities. My final question would be, what exactly is going to happen if this doesn't pass? Thank you. MR. MILLER: Your next speaker is Alan Carpenter. He'll be followed by Marianne Herndon. Mr. Carpenter has been ceded additional time from George Danz. Is George still with us? (Raises hand.) MR. MILLER: There he is back there. You'll have six minutes, sir. MR. CARPENTER: Thank you very much. Thank you, Commissioners, for allowing us to speak tonight and for your fortitude to spend the 12 hours here tonight, and we appreciate that. In addition to the financial issues that Tricia alluded to and October 24, 2023 Page 300 concerns about how unaffordable this may be for many of our seniors who live on fixed incomes, I wanted to touch upon an expectation we had in entering into this settlement agreement, that there would be repairs done to the conditions that exist on the drainage system before this all got concluded. In particular, the expectation was -- under Section 7 of the settlement agreement would be that the repairs to the system to address the present condition of the property would be -- would be taken care of. And so I asked the question, what is the present condition of the property? Well, as you probably know -- I know Commissioner Kowal knows, the present condition of the property is under compliance issue. There's a notice of violation of the county against the property owner for the condition of the drainage system. The order to correct the violation states the following: It says, return all drainage swales bordering the golf course to the original site plan and design for stormwater management and/or acquire appropriate Collier County permits and approvals to modify it. Repair any and all nonfunctioning or damaged equalizer pipes throughout the ditch system. Well, it continues on, but this is an existing -- and it has been stayed as a result of this settlement agreement, and we anticipated that, in fact, we wouldn't be buying a -- or funding the purchase of a property that was currently under a notice of violation. Furthermore, as you probably also know -- I know Commissioner Kowal knows -- the South Florida Water Management District has issued a noncompliance notice on this property. This notice was issued over a year ago, and it's currently still open. The South Florida Water Management District said the corrected actions would be to the golf course perimeter swales, which need to be re-graded, and to the permitted plan specifications. In addition, October 24, 2023 Page 301 the pipes that convey water from the road inlets, the county roads to the golf course, need to be maintained and replaced as needed to ensure free-flow conditions into the golf course swales. So the county roads are dependent on the functionality of those swales and the downstream culverts and the storage ponds that exist on the property and eventually drain out to the Lely Canal. So it's fair to say that we're concerned on two levels. One is the costs that we're now looking at, but the uncertainty of how these corrections are going to be made to the property on its current condition. These violations still exist and, effectively, act as a poison pill, if you will, to any takeover of the property. It's a black hole for us. We don't know what it's going to really take or what the expense is going to be. And we further feel that the negligence of the property owner in maintaining those drainage systems, which exist on their property, has led to this situation where we have a nonfunctioning drainage system on the golf course, which was allowed under ordinance of the county in 1978 as the appropriate drainage avenue for the community, as noted in the 1978 South Florida Water Management District permit. So, you know, I wanted to just point out this 14.5 million number doesn't really take into account these impediments, if you will, these encumbrances on the property. Indeed, I'll read from the original real estate appraisal that was done as part of the Bert Harris documents that I will cite as PDF Page 1429, table -- on Page 20 of the real estate appraisal of the agenda package from February 14th presented to this commission. It states that drainage, under the table, that no problems have been reported or observed. Further, in Attachment I to this appraisal, the real estate appraisal -- appraiser states the following assumptions: Title is October 24, 2023 Page 302 marketable and free and clear of all encumbrances/easements. One can look at the plats on the property and see easements all over the place for drainage and restriction to the property. Further, the property is in compliance with all applicable zoning and federal, state, and local laws, regulations, and codes. Should public funds -- whether we reimburse the county or not, should public funds be utilized to acquire property under these encumbrances and uncertainties? Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, while the next speaker's coming up, could I ask the County Attorney another question? CHAIRMAN LoCASTRO: Absolutely. Go ahead. MR. MILLER: Oh, go ahead. I'm sorry. Go ahead. COMMISSIONER SAUNDERS: The basis of the Bert Harris Claim, is that because of the application of our conversion ordinance? What is the basis of the claim? MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: Okay. So if we did not apply the golf course conversion ordinance to this property, there would be no Bert Harris Claim? If we didn't have the conversion ordinance applying to this property? MR. KLATZKOW: If I may, the last time I got involved with a Bert Harris action with Mr. Yovanovich was Cocohatchee Bay, which you heard last time, and that was years ago. And the way we settled that was we agreed on the Comprehensive Plan amendment, we agreed with the rezone -- what the rezone would be, and we had a settlement agreement, and it ended it, all right. If they proceed with that Bert Harris Claim, we can do the same thing here. You will get development, all right, if we do that. So if the HOA doesn't want it, that's fine. I will do what I can October 24, 2023 Page 303 to bring this Board closure on this issue. That may be a Comprehensive Plan amendment and a rezone, which you can do in a Bert Harris. COMMISSIONER SAUNDERS: I think you've answered the question. I'm just curious as to what would happen if we -- I don't believe this -- this straw ballot's going to pass. I've spoken to a couple of the property owners there. We're hearing from a couple. If I lived out there, I'm not so sure I'd vote for it. So I'm just trying to understand what happens if this does not pass, and I think you've explained that. And that's all, Mr. Chairman. MR. MILLER: Your next speaker is Marianne Herndon, and she'll be followed by, hmm, Becky Kokkinos. MS. HERNDON: Good evening, Commissioners. My name is Marianne Herndon. I am a resident of Riviera Golf Estates. Thank you for the opportunity to speak. First off, I would like to thank you for your time and attention you have paid to this matter. I know that many of the county staff have dedicated their time and energy to this matter, and I'm grateful for the answers you've been able to give us. I do, however, believe that there are still some questions that need to be answered. You're talking about a straw poll by mail. If the straw poll is done by mail, what about the residents that aren't there? I get mail for people. Some I return -- I forward their mail to. Several, I just set on their counter, and they come back in February, and their mail's sitting on their counter. How are they supposed to vote? I don't understand that. So you're never going to get 100 percent on a mail vote. How many straw polls do you need to have returned to make your decision? What's the threshold? And one of my questions was, what happens without two-thirds October 24, 2023 Page 304 approval, but I think that's been answered. And, you know, as far as the two-thirds thing, this is here today because our HOA board, in my opinion -- and that's all I'm giving you -- is they are trying to circumvent our covenants by not having to have a two-thirds majority, and that's why you hear so much about it. So if -- like, two-thirds of our community would be 458 people who want this. I mean, I'm struggling with living day to day. You decide, do you want dinner? Do you want your medication? I mean, you've got to remember who you're dealing with here. With the mediated settlement agreement, will it be accepted as currently written? Because it's been changed since the first meeting in April, and there are some really curious changes. The assessments are questionable. People on the golf course do have a much greater advantage if they can walk out their backyard door and be on the property [sic] and they won't have anyone building in their backyard. The people off the golf course will have no change in their backyard either way. They'll still be on a pole line or up against something, County Barn Road, another development, Rich King Greenway. They will also have to find access points in order to even use the property. A 10 percent difference for on versus off the golf course is questionable. This also could cause a trespassing issue within our community. These are questions I still -- I need -- these are questions and issues that I believe need to be answered prior to deciding to move forward. I appreciate your time and thank you for your -- thank you for listening. MR. MILLER: Your final speaker on this item is, indeed, Becky Kokkinos. COMMISSIONER McDANIEL: Who? CHAIRMAN LoCASTRO: Becky Coconuts? October 24, 2023 Page 305 MR. MILLER: No. I'm sorry. My voice is going. MS. KOKKINOS: Good evening, gentlemen. Thank you so much for staying so late and listening to our concerns. I've lived in Naples since 1974, and this is only the second time that I've felt that an issue was important enough for me to come and address you-all. You have a lot of things on your plate. I'm a new resident of Riviera Golf Estates. I'm a newly retired resident as well. So I'd like to -- as they say, the devil is in the details, and the proposed assessment is the devil. And I just don't think that the folks that live in our community will be able to afford the assessments that I'm assuming will show on that straw poll. I think they'll freak out. I don't think -- I just don't think that our retirement community, those folks living on a fixed income, can afford that assessment. I don't want to be redundant. I did read the Carolyn Carol -- the report that was included in the agenda packet. And I agree, there are some properties that will have more of an advantage, those of us -- I'm one of them -- who lives in a cul-de-sac on the golf course, but the drainage issue, the water issue is a community-wide issue. Everybody will benefit if that gets straightened out. So I just wanted to ask for your reconsideration for the assessments and what has gone into those assessments. I know you have a lot on your plate, so I'm not going to say anything else. I worked for someone one time who said, be brief, be brilliant, and be gone. And so I'm gone. Thank you very much. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: Thank you, Chair. So, Tricia, you're not to bear the brunt of the Bert Harris, not at all. October 24, 2023 Page 306 COMMISSIONER McDANIEL: Right. COMMISSIONER HALL: This land is owned by a guy that he wanted to develop it, and the homeowners didn't want it. So the county, we all got together and we said, hey, we'll buy it. You-all can pay us back. It will be yours in a special district, no development. That's how we got here. And the 5.8 million kind of just fell out of the sky during conversation. So the choices are, you can just simply reject this, save the money from the mail, go back to the owner and say, look, 5.8 million, we just can't make that work, and he can -- you can offer him. He can either say yes, or he could say no. And if it fails, he still has the property with drainage issues that it's not anybody else's responsibility to fix but his. He could sue us. He might win, he might lose, but that's something that he would have to determine. So, really, we're all in kind of a win-win situation here. We don't have to do anything, the way I see it, for now. COMMISSIONER McDANIEL: For now. COMMISSIONER HALL: For now. Crickets. CHAIRMAN LoCASTRO: And when it comes to the dollar assessment per person, I can understand what you say. I actually don't -- I agree with Commissioner Saunders, I don't think this is going to pass, but you can't buy a $6 million golf course and assess everybody $50 a month. It's just not going to happen. So, you know, the algorithm just -- it works out the way it works out. It's -- it's a big investment. So if you want to prevent building from being built -- buildings from being built on there, then, you know, there's only one way to do it. And, you know, if you had 10,000 residents, then it would be a much smaller amount, but it's a small community. Like Commissioner Kowal said, I was the commissioner there in the October 24, 2023 Page 307 beginning, and so -- and I still hear from some of those residents. And I agree with Commissioner Saunders, I'd be flabbergasted if this passed. But I think -- I think we still have to go through the motion of getting back an unpassed poll, or maybe we'll be surprised by it, but it's part of the process. Commissioner McDaniel, and then Commissioner Saunders. COMMISSIONER McDANIEL: Yeah. And I just want to say this: I mean, like Commissioner Hall said, it's not -- it's not you folks' burden to bear. What you have is a private property owner that owns property inside your subdivision. Are there drainage issues? Are there -- are there maintenance issues that weren't attended to that caused value issues? Absolutely. Straw poll or not, this -- I mean, someone decided that a 10-year amortization was a good deal. Why not make it 20? Why not make it 30? MR. FINN: The longer you go, the more upside-down it gets relative to interest expense. COMMISSIONER McDANIEL: It's not upside-down. The longer you go, the lower the payment is, and the longer term it takes to pay it back. MR. FINN: At extreme interest expense. COMMISSIONER McDANIEL: Okay. But a consideration could be stretch out the amortization, make it more affordable. We have that right. If this straw -- if this straw -- and I'm just offering this as a suggestion. This board has the right to buy this piece of property, create the special district, and tell you what you're going to get to pay it back. We could do that. We'd rather not do that. Crystal's shaking her head no. But we could set the amortization for whatever we want. We could assume some responsibility for the county's drainage issues that October 24, 2023 Page 308 are put upon this property. I mean, we have conservation potentials that could be utilized to offset some of the expenses. There's a myriad of things that could, in fact, come about, in my opinion. So I think going through the motions of the straw poll -- Commissioner Kowal, if you're more comfortable stipulating that it has to pass by a two-thirds vote by us, then I'll go along with your instinct on that. I would prefer not to because that's -- I think that's limiting to us on a future decision, but... MR. FINN: If I may, Mr. Chair, this -- this straw poll survey is to inform the Board of County Commissioners of what the folks in this community think. The Board is not bound by the results of that -- COMMISSIONER McDANIEL: Right. MR. FINN: -- any more than if it was two-thirds. They wouldn't really be bound by that either. COMMISSIONER McDANIEL: We still have to vote -- we still have to vote to make the acquisition and impose the assessment and go through all that rigmarole. So, I mean, we're still a long ways down the road before a decision's going to be made on this acquisition, so... CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. This obviously is Commissioner Kowal's district, and I'll support what, ultimately, he decides to do this evening because he's much more familiar with it than I am; however, I'd like to have the County Attorney explore with us a little further at some point whether -- it doesn't have to be tonight. But even if we do approve the straw poll tonight, I want some more analysis from the County Attorney on what our options are in terms of this litigation or this threatened litigation, how we can resolve that. And I understand that a resolution of that may be that they could October 24, 2023 Page 309 do some developing on the property, but we need to know just what the implications are if we proceed with the litigation, with the claim. Because I'm pretty well convinced that even if we vote tonight to do this straw ballot, that there's very little likelihood it's going to pass by 50 percent of those that are voting or by two-thirds of the entire community. So I'll support Commissioner Kowal in his decision-making on that. But even if that does pass, I'm still going to want some analysis from the County Attorney on what our options are to deal with this. And I would suggest that, you know, we've never had a closed session. I don't know that you have -- I think you have to actually have a lawsuit filed to have a closed session. That may not apply to -- MR. KLATZKOW: It does not apply here, no. COMMISSIONER SAUNDERS: Okay. I still would want some analysis on what our -- what our options would be, assuming that this straw ballot's not going to pass. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. And I am getting the temperature of the community, and I have -- for some time now, and I agree, I don't think it's going to pass even at 50 percent with the numbers over the past few days that I've seen and some things I've shared with the community at my meetings with them. And, you know, I was looking just to let the community know where we stand, that we stand with them, because I know it's semantics but, in reality, they are buying property that is going to be within their control. And in their own bylaws they -- you know, they know what it is, because it's been stated to me several, several times, was the two-thirds. But I don't know that -- you know, I could guarantee two-thirds October 24, 2023 Page 310 it will not pass. And I know that, and I think -- you know, I've posed this question to Mr. Finn and the attorney, you know, let's say that this does go forward and it is an actual lawsuit filed, and we are in a situation where we have to settle, and from what I understand, then we would own the property once the settlement -- and we make dollar payment to the petitioner of the -- or the person claiming the lawsuit. We would still be, at some point, creating a special taxing district for those lakes on the right side of the property on the -- I guess it would be the east side of the property because it's still the responsibility of the master plan of that community when it was built in 1971 that those lakes keep -- take their water as part of their storm drainage system. So I've asked. I haven't really got a clear answer. But, you know, if it gets to that, there's going to be a number again, and we're going to go to the community, and we're going to -- we don't have to even go to the community at that point, and it could be 3 million -- 3 million. I don't know. We don't know. And I guess in a way, I, in my mind, was thinking, if we had those numbers and said, all right, this is what it's going to cost or not cost, and we went to the community and says, all right, 3 million of this 5.8 is your responsibility. We create a special taxing district. Because, regardless, down the road, you're probably going to end up paying it regardless because it's your -- it's your requirement to maintain that because the golf course owner won't have it anymore. It will be your responsibility. And it's not going to be the county's responsibility. And I guess the other 2 -- 2.8 or whatever in the upland part -- I don't know. Mr. Finn, do you have that map you can put on the -- and I was spitballing with staff, and you can see to the right, these are all the lakes that exist already to acceptance probably 90 percent of the water from the community itself. There's swales October 24, 2023 Page 311 that run through the upland side. So the left side is the upland side, and at the very bottom is the clubhouse, the existing clubhouse that has access to the main road out there, which is right there where the County Manager's pointing -- or I mean, Mr. Finn's pointing. So I was spitballing ideas to make this pill easier to swallow where, you know, we're not paying the full price at the end of the day of taxpayer dollars to settle a lawsuit, if it gets to that point. You know, let's find a number that the community would be comfortable with to maintain their water and stormwater management, and the difference of that 2 million or 2.8 would -- if we use a portion of our affordable housing funds, our 20 million. And that first part of upland where he's circling, if we get a developer willing to come in and develop that portion off the main road for maybe a senior living, affordable senior living or fixed-income senior living building in there, we'd already own the property. We'd get about 44, 43 acres for 2.8 million and -- of the affordable housing if we could use it. I don't know if we can. And I was just spitballing ways to make this an easier pill to swallow down the road, and they're not -- they're not absorbing the full 5.8, and we still get something out of it as a county that's beneficial to the community, so -- but I don't think we're there yet. I think -- I want to make a motion that we go ahead with the straw poll the way it is right now in the -- the way it's written, and -- COMMISSIONER McDANIEL: Without No. 3. COMMISSIONER KOWAL: Without No. 3, and then see where we land with the community. COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion from Commissioner Kowal. I've got a second from Commissioner McDaniel. We still have -- Commissioner Hall just lit up. October 24, 2023 Page 312 COMMISSIONER HALL: Can we add language for a flat fee or add language for a longer amortization? MR. FINN: And if I may, Mr. Chairman, I was going to mention I'm not thrilled with it but, certainly, I would be happy to look at a longer amortization and try to come up with a reasonable cost benefit on that. I'm happy to do it. COMMISSIONER HALL: I didn't know if you could give them the choice in the straw poll. MR. FINN: No. We would just recalculate perhaps at 15 years. I'd take a look at it and try to -- (Simultaneous crosstalk.) MR. FINN: -- provide a reasonable breakeven on the interest expense. COMMISSIONER McDANIEL: I was lit up before. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, I seconded Commissioner Kowal's motion to move this forward minus the No. 3. And we have to remember we're being asked by the homeowners association to produce this straw poll. Period, the end. Like it or don't like it, that's what we're being asked to do. Am I correct there, Commissioner Kowal? COMMISSIONER KOWAL: Yeah, you are correct. I just felt more comfortable that this was a better way of doing it -- COMMISSIONER McDANIEL: Yes. COMMISSIONER KOWAL: -- where the Supervisor of Elections is actually going to handle it. COMMISSIONER McDANIEL: Sure. And we'll go through, and we'll look at the -- again, this straw poll is just a -- is a litmus test of helping us making decisions going forward. There's a whole bunch of things that can be done with this property after we go -- after we go through the motions of what the exposure are October 24, 2023 Page 313 for -- because there's a landowner that's out here that owns this piece of property that is in delinquency on some of the care and upkeep and maintenance, purportedly. Again, I'm not saying that -- you know, we haven't been told that by our experts on this, but for now moving this forward -- MR. FINN: There are code cases that are being stayed as a result of this, and there's also -- this case here is also being stayed as a result of the mediated settlement. COMMISSIONER McDANIEL: Well, long and the short, we've been asked by the association to put forth this question with these numbers. I'm seconding the motion to do that. And then we'll have further discussions probably for the rest of our life. COMMISSIONER KOWAL: Yes. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. On the motion, I'm going to support the motion, I said before, but I still want some analysis from the County Attorney. And this straw ballot, approximately, when would this occur? Does anybody have any thoughts as to -- MR. FINN: I'm going to say probably 15 days, and then she and I had agreed on 30 days would be the timetable for the actual mailings to get back to her. She'd probably be reporting 15 days after that, more or less. COMMISSIONER SAUNDERS: And the reason I was asking for that timetable is if lightning strikes and this passes and we create the district, I think -- would we be trying to create this district in this year, or would this be a 2024? Because if we don't create the district before January 1st, then it only goes into effect, I think, in January of 2025. MR. KLATZKOW: We would create the district -- we would create the district as soon as we could. Whether or not we get October 24, 2023 Page 314 funding this fiscal year or the next fiscal year will depend on timing. COMMISSIONER SAUNDERS: Well, I'll support that. I do want that additional information. MR. KLATZKOW: Yes, sir. COMMISSIONER SAUNDERS: And that doesn't have to be at a board meeting. MR. KLATZKOW: No. I'm going to send an email to you separately, to the Board separately. CHAIRMAN LoCASTRO: Mr. Finn, Commissioner McDaniel's idea of seeing how the numbers change if it went to 15 years, that's not going to be part of the poll. I mean, we can't have a poll with five different options, right? MR. FINN: No. I'm going to look at that, and I am going to change it to 15 years unless the Board tells me they don't want that to go out. I'm -- just Commissioner McDaniel -- CHAIRMAN LoCASTRO: So you're talking about redoing the numbers and making it 15 years on the poll? MR. FINN: Yes. CHAIRMAN LoCASTRO: To change the poll to that. Is that something that -- MR. FINN: So those numbers would go down relative to where you are today, and I -- (Simultaneous crosstalk.) MR. FINN: -- after hearing the discussion, I think there's merit in that. COMMISSIONER McDANIEL: Who came up with this 10-year amortization? MR. FINN: You're looking at him, boss. COMMISSIONER McDANIEL: Okay. Because it was my understanding that those numbers came to us from the association. No? October 24, 2023 Page 315 MR. KLATZKOW: The numbers came by -- we had an outside consultant give us a benefit report. That's where the numbers came from. COMMISSIONER McDANIEL: Okay. So we were only asked by the association to do a straw poll? MR. FINN: No. The mediated settlement has several requirements, some of which include maintenance out there on their stormwater system at the county's expense for the benefit of that area. Additionally, we're required to take -- exhibit due diligence in moving forward with establishing an assessment. That is one of the requirements of the mediated settlement. It just so happens the straw poll is simply on the path to getting to an assessment. COMMISSIONER McDANIEL: I gotcha. CHAIRMAN LoCASTRO: But the citizen leadership were told that -- they saw this verbiage that we were going to send out a poll that said 10 years, and these were the numbers, right? I mean, it -- like you said, you brainstormed it, but you pitched it to them and got the thumbs up, and they liked what was on here? MR. FINN: Right. We've had a couple of meetings, and we talked about a lot of things. CHAIRMAN LoCASTRO: So I'm just a little -- I'm just not sure how they'd feel about 15 years. I mean, 15 years does make the numbers lower, but you might have some people that say, look, I don't want to stretch this out any more than it already is, so -- MR. FINN: Happy to reach out to them before we make a decision. COMMISSIONER McDANIEL: Well, if I'm not mistaken, these are individual liens -- these are individual liens that are going to be against individual pieces of property. It's not in aggregate, correct? MR. FINN: They'd only be liened if they didn't pay the tax bill. October 24, 2023 Page 316 COMMISSIONER McDANIEL: I was just going to say, if -- whatever the total amount is, if George robs his piggy bank, he can pay it off, and he doesn't have to have that -- MR. FINN: Typically, statute gives the property the ability to pay off the principal up front with no interest expense and minimal, if any, operating expenses associated with it. COMMISSIONER McDANIEL: And for people that are having more -- my preference would be to have as long of an amortization as possible for the potential -- the best relief, and that affords everyone opportunity to make their own financial decisions based upon their economic circumstances. CHAIRMAN LoCASTRO: Fifteen years is your worst-case scenario. If they want to make it a better-case scenario, they've got the option. COMMISSIONER McDANIEL: Correct. MR. FINN: And if I may, Mr. Chairman, did we deal with the two county lots out here? They're currently rolled into the properties being assessed. If we were to take them out, it would serve to increase, nominally, the assessment. The County Attorney tells me that it is ultimately the Board's decision whether to include or exclude those lots from this assessment. CHAIRMAN LoCASTRO: Commissioner Kowal, go ahead, sir. COMMISSIONER KOWAL: Well, if Commissioner Hall wants to make a comment about the last statement -- COMMISSIONER HALL: I want to say there's no way I'd want to put the lots in there, in that -- why would we want to charge ourselves and pay ourselves? CHAIRMAN LoCASTRO: Why were the lots in there? COMMISSIONER HALL: Take the county lots out. October 24, 2023 Page 317 MR. FINN: I beg your pardon, sir? CHAIRMAN LoCASTRO: I'm confused why the lots were in there. MR. FINN: The lots -- we own two lots there to provide maintenance. They're essentially easements is what they are. They do not have homes constructed on them. They're in the north -- northwest corner of the property. CHAIRMAN LoCASTRO: Commissioner McDaniel. (Simultaneous crosstalk.) COMMISSIONER McDANIEL: Let's ask the commissioner of the district about the two lots the county owns. COMMISSIONER KOWAL: Yeah, what I was going to -- I'm going to change -- if I can amend my motion and get this moving on. I'd like to make a motion. Mr. Finn, I would like you to rerun the numbers at 15 before the straw poll goes out, 15 year, and with the motion, also remove the two lots the county already owns on the property, and strike Line 3 from the original proposal going through -- COMMISSIONER McDANIEL: Number 3. COMMISSIONER KOWAL: Number 3 -- MR. FINN: Yes, sir. COMMISSIONER KOWAL: -- out on the poll. MR. FINN: And if I may, I had picked up an interest in having a table instead of having the numbers in the sentence. Is that still -- CHAIRMAN LoCASTRO: Oh, yeah. MR. FINN: Are you interested in doing that? COMMISSIONER KOWAL: Yes. MR. FINN: Happy to do that as well. COMMISSIONER McDANIEL: And I'll second the amended motion again. MR. FINN: Very good. October 24, 2023 Page 318 CHAIRMAN LoCASTRO: So I think we've got all the changes. Got a motion from Commissioner Kowal, second from Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MR. FINN: Thank you, gentlemen. CHAIRMAN LoCASTRO: What do we have left; just 12A and then comments? MS. PATTERSON: We have 12A, and we have just comments. CHAIRMAN LoCASTRO: Why don't we just take, like, a five-minute little breather here so that Ms. Lewis can -- and we all can, you know, just take five minutes. We'll be back here at -- let's say 8:55, and then we'll finish up. (A brief recess was had from 8:49 p.m. to 8:55 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. I think we're moving on to 12A, correct? MS. PATTERSON: Yes, sir. Item #12A THE BOARD DIRECT THAT THE APPEAL OF OFFICIAL INTERPRETATION PL20230010644 REGARDING THE INTERPRETATION OF “NEIGHBORHOOD FITNESS AND October 24, 2023 Page 319 COMMUNITY CENTER” IN THE GOLF COURSE AND RECREATIONAL USE ZONING DISTRICT BE SENT TO THE HEARING EXAMINER FOR PUBLIC HEARING AND DECISION. (DISTRICT 5) - MOTION TO APPROVE WITH CHANGES BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED This is Item 12A, formerly 16K6. It's a recommendation that they Board direct that the appeal of Official Interpretation PL20230010644 regarding the interpretation of neighborhood fitness and community center in the Golf Course and Recreational Use Zoning District be sent to the Hearing Examiner for public hearing and decision. This is moved to the regular agenda by the separate requests of Commissioner LoCastro, Commissioner Saunders, and Commissioner Kowal. MR. KLATZKOW: This centers -- well, I'll let Tony -- all right. This centers around an official interpretation that staff rendered at the request of Mr. Pires on behalf of his client as to what we mean by a neighborhood fitness and community center. Staff rendered an official opinion. Mr. Pires disagrees with it. They have appealed it. Under our LDC and under the special act, both you sitting as the BZA or the Hearing Examiner can hear this. It is always my recommendation that the Hearing Examiner hear this. One, that's why we have him and, two -- well, that's really the primary reason. I mean, that's the purpose of the Hearing Examiner is to hear the stuff like this, but it is certainly within your parameters to hear it yourselves. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, I want to hear from October 24, 2023 Page 320 the -- I want to hear from Tony, and then I have a comment, I guess. I'd like to hear what he has to say, and then I have a comment. MR. PIRES: Thank you very much, members of the Board. Thank you for the long day. COMMISSIONER McDANIEL: Mr. Pires. Forgive me. Tony. MR. PIRES: Tony's fine. Thank you, Commissioner McDaniel. It's been a 12-hour day, and I appreciate you-all hanging in there. And it's always an educational experience. I appreciate what you-all do. I represent -- our law firm represents the Lakewood Community Services Association, Inc., which consists of 14 residential neighborhoods in the Lakewood community in Commissioner Kowal's district, and there's a golf course -- two golf courses in the middle of those residential units. And this -- the property is zoned GC, which is golf course and recreational open space. You-all changed the definition of it in 2017 and added a number of additional uses as part of, I think, your effort to sort of sweeten the pot on the notice of intent to convert ordinance to provide for additional uses in the golf course district. This interpretation that we're asking for applies to what is a neighborhood fitness and community center, and it's a conditional use in the GC district. There are 10 golf courses in Collier County that are zoned GC. For example, you have the Hibiscus Golf Club in Commissioner LoCastro's district; Commissioner Hall, there's the La Playa, formerly known as Palm River; Imperial Golf Club; Quail Creek Country Club are zoned GC. So this official interpretation has ramifications for them. And in Commissioner Kowal's, Country Club of Naples, Quail Run, Riviera Golf Estates, the Glades Golf and Country Club, Lakewood. October 24, 2023 Page 321 And so this is a countywide issue. And, in fact, the notice that was published in the newspaper, as required by the interpretation section of your code, says this interpretation applies countywide to all property in the golf course zoning district. So the folks here from Riviera will be affected, that were just here for the other matter. We believe that the Board made a significant policy decision in 2017 when it added some additional uses to the GC district, including this particular neighborhood fitness and community center. The rub is there was no definition for it. So we believe the Board of Zoning Appeals is the proper entity, the sole and exclusive jurisdiction to implement this policy, interpret this policy. There are a couple provisions in the county's codes that we believe support our position, and we outline them in our -- which one is this, Troy, the one I sent to you? MR. MILLER: Yeah. I'm trying to -- Tony, is that not it there? MR. PIRES: No, it's not. But there are a number of provisions, as we outlined in the correspondence we delivered to the Board on the 20th. You have Section 1.06.01.6.A of the Collier County Land Development Code, and then you also have Chapter 4G, Page 107, of the Collier County Land Development Code say that the appeal is heard by the Board of Zoning Appeals. And to support that, in 2021, you-all heard the -- CHAIRMAN LoCASTRO: Hold on one second. Commissioner McDaniel wants to pop in here. MR. PIRES: Yes. COMMISSIONER McDANIEL: Before you talk yourself out of us bringing this forward and bringing it back to the Board of Zoning Appeals, one of the three -- it would have -- all five of us, I think -- been brought forward if you'd came to see us. Before we October 24, 2023 Page 322 start to debate the rationale of the issue, I'd like to make a motion to go ahead and approve the request to move this from the HEX over to the Board of Zoning Appeals -- MR. PIRES: Thank you very kindly. (Simultaneous crosstalk.) CHAIRMAN LoCASTRO: I would second that. COMMISSIONER McDANIEL: -- to start that. And then I have a discussion point after I'm done. COMMISSIONER SAUNDERS: On the motion, could I ask Mr. Pires -- don't leave the podium just yet. Would it be appropriate to ask the Hearing Examiner for a recommendation and have it sent to us for final determination right -- and if it goes to the HEX right now, that's a final order, and you have to go to the circuit court? MR. PIRES: Circuit court. That's what's happened before, yes. COMMISSIONER SAUNDERS: So I think it might be appropriate to consider having the Hearing Examiner hear this, make a recommendation to us, and then we can make the final decision. I think you get what you need, which is having us hear it, and we get the benefit of the Hearing Examiner's -- MR. PIRES: The only question I have is would it be a de novo proceeding before the Board as the Board of Zoning Appeals on the recommendation? MR. KLATZKOW: It's a de novo proceeding. MR. PIRES: I would say yes. So that the appeal -- it would be a recommendation from the Hearing Examiner, and then if we want to take it to the Board of Zoning Appeals, that would be a de novo proceeding? MR. KLATZKOW: It's no different than a staff recommendation, but instead of a staff recommendation, it's the recommendation by the Hearing Examiner. October 24, 2023 Page 323 COMMISSIONER McDANIEL: Right. MR. PIRES: We would prefer to have it heard by the Board of Zoning Appeals first, but I think I reasonably can read the room at times. COMMISSIONER McDANIEL: Well, let me -- and, again, I'm not -- I'm not trying to interrupt you. I just wanted to ask Commissioner Saunders, what's the premise of taking it to the Hearing Examiner first? Why don't we just bring it here, hear the issue, and -- now, I have questions on the other side of it from a -- from a process standpoint that I wish to address after we get past what -- this that I feel is an okay thing to do. COMMISSIONER SAUNDERS: Well, I think the benefit of doing that is, if Mr. Pires agrees with the recommendation from the Hearing Examiner, then we don't really have anything that we have to hear other than to ratify it, because at that point he would be in agreement with it. So it at least gives us the opportunity of not having a lengthy hearing in front of us, but it also gives Mr. Pires the opportunity to have the opportunity to have that hearing in front of us de novo. That's all. COMMISSIONER McDANIEL: Okay. And -- MR. PIRES: We still believe the better -- we still believe the mechanism is that the Board is the entity to hear that. We would request that be the procedure, that the Board hears it. CHAIRMAN LoCASTRO: I was going to say, is that a legitimate sequence of events? It goes to the HEX, and then if he -- the HEX -- if you like the HEX's agreement, then you take it. If you don't like it, then what we're kind of implying here is then you have in your hip pocket to come to us. I don't know. It just seems like that's a little bit sloppy. I mean, we're using the HEX as sort of like a planning commission. October 24, 2023 Page 324 MR. KLATZKOW: There would be a consent item agenda, on a consent agenda, and the recommendation would be to go forward with the Hearing Examiner's recommendation. And if -- assuming that was to the benefit of Mr. Pires, that's how we would do it. COMMISSIONER McDANIEL: I'd like to make -- I'd like to stay with my motion, just have it come straight to the Board of Zoning Appeals and be done, on this particular instance, but then I have a comment with regard to -- CHAIRMAN LoCASTRO: Mr. Miller, how much public comment do we have? MR. MILLER: I'm not really sure, sir. I have several sheets here, but I really only know of one of these people that are here. I'm sorry. I have four sheets here. CHAIRMAN LoCASTRO: Read them off. MR. PIRES: Yeah. Mr. Chairman, if I may, a number of residents were here earlier but, because of the hours and the -- they had to leave much earlier. CHAIRMAN LoCASTRO: Anybody still here? MR. MILLER: Edward D'Orazio? I know he's here. Patricia La-co or Lac-o? (No response.) MR. MILLER: She's not here. Terie Hanson? (No response.) MR. MILLER: And Charley Macbeth? (No response.) MR. MILLER: So Mr. D'Orazio is the only person I have here. CHAIRMAN LoCASTRO: Sir, would you like to speak at the podium? MR. D'ORAZIO: Yes. MR. MILLER: Come up to this podium over here, sir. October 24, 2023 Page 325 MR. PIRES: And, Commissioner LoCastro and members of the Board, while the gentleman's coming up, our focus solely today is on this issue about the official interpretation. The process, the procedure, nothing else. Thank you. CHAIRMAN LoCASTRO: Right. MR. D'ORAZIO: Ready for me? Thank you. I appreciate your time at the late hour, and I'm going to summarize my comments to make it quicker. My wife, Helene, and I own a home in the Lakewood community, and we are vehemently opposed to the STARability project being proposed at the Lakewood Golf Club. It's very clear to many of the residents in the community -- and we're hoping that you would concur -- that the STARability is a commercial facility. At 30,000 feet -- to build a 30,000-foot commercial facility in our community -- residential community is completely void of any logic to my community. Thirty thousand feet, 15,000 feet of corporate offices, 15,000 feet of the STARability's adult daycare facility. CHAIRMAN LoCASTRO: I don't want to cut you off, sir, but we're actually not voting on that tonight. MR. D'ORAZIO: I understand. I understand. CHAIRMAN LoCASTRO: So you speaking on something that actually isn't coming to us for a vote -- I mean, I'd like you to finish because you're here at zero hour, just like all of us. But just so you know that it's -- I don't want to say it's fallen on deaf ears; it's not. But you're at Step 10, and we're at Step 1 right now. MR. D'ORAZIO: My main concern and comment and request to the Board, when people consider buying a residential property, a home for themselves, there's two things that they can rely on in terms of protecting what for many people is the largest investment of their entire life, in their home. The first being the existing conditions of that property on the day you close. Everybody has to go into a October 24, 2023 Page 326 venture like that with their eyes open. But, secondly, and the more important issue, the only protection that we have as homeowners is to rely on the existing zoning regulations. If we cannot rely on the existing zoning regulations or rely on your commission and your board to uphold those going forward, we're all hung out to dry. And I would request that the Board seriously uphold the existing zoning regulations in this particular case for the protection -- CHAIRMAN LoCASTRO: Do you understand what we're voting on tonight, though? MR. D'ORAZIO: I do. I do. CHAIRMAN LoCASTRO: So none of that is what we're hearing today. So, you know, we want you to come back when and if we're voting on that, but we're trying to decide if the next step should be heard by the Hearing Examiner or by the commissioners, that's it. MR. D'ORAZIO: I understand. CHAIRMAN LoCASTRO: It has nothing to do with STARability and the size and your home prices and why people buy homes. And I'm not trying to be disrespectful at all. But it really behooves you to speak with counsel here who's representing this project because we're voting on something totally different tonight, an earlier step. So I'm not saying your words aren't in vein, but I don't know that -- they're going to be better heard when and if it comes to us to actually decide if STARability is going to go on that footprint, and we're not even close to being at that point yet. MR. D'ORAZIO: Okay. All right. Thank you. CHAIRMAN LoCASTRO: Yes, sir. So having said that, I think you've made the motion that it just -- it comes to us and bypasses the HEX. COMMISSIONER McDANIEL: Commissioner Kowal -- CHAIRMAN LoCASTRO: But, Commissioner Kowal. October 24, 2023 Page 327 COMMISSIONER KOWAL: I kind of lit up. CHAIRMAN LoCASTRO: Oh, I'm sorry. Go ahead, sir. COMMISSIONER KOWAL: Thank you, Chairman. I just want to shed some light on how we kind of got here, because I think I have some responsibility to this because I was at the initial NIM meeting. CHAIRMAN LoCASTRO: You have all the responsibility. No. COMMISSIONER KOWAL: I was at the NIM meeting, the original NIM meeting, and -- when this was being presented to the community at Lakewood community -- and the several different subcommunities along that border of the golf course. And what was being conveyed in that NIM meeting was that they showed them the neighborhood community center/fitness center as an allowable by-right type use for a golf course by the 2017 ordinance that this board passed back then for the conversion of golf course or usable property on the course, what it can be used for. And at the time they were saying this is what it is. This is going to go to the HEX, and that's pretty much it. And when I was there, I saw what they were presenting and what it was, and using that particular line item, I didn't feel it met that, in my opinion, you know, at that stage. And I had a conversation with Mr. Bosi, and I says, is this just going to go to the HEX? It's never going to come to us? And he says, if it's accepted at the HEX and accepted that that is what it is, then, yes, it will just basically be by right, and it will go -- it will be put on that property. And I said, what -- as the district commissioner, what responsibility -- or what can I do to see if this gets before the Planning Commission, eventually before the Board of Commissioners, and we make a sound judgment with a lot more eyes October 24, 2023 Page 328 on this, with a lot more witness testimony, to determine if this does fit or not? And he says, I can just request that it does go through the full motions, and that's when I did pass an email on. And I think at some point, Tony here had asked for an explanation from staff of what their definition of it -- correct me if I'm wrong -- what the definition of a community slash fitness center is. And I guess, for whatever reason, they weren't satisfied with that answer, and that's why we are where we are today. So I guess my -- what I'm coming full circle with, if it's going to go to the HEX again -- that's what I was trying to avoid from the beginning, my whole thing, and I just want to make sure that, you know, this is going to play out in a way that, you know, we're not going to circumvent somehow the process, if that makes any sense. CHAIRMAN LoCASTRO: And there's precedent for this. I did this exact same thing last year with the Isle of Capri food truck park, that it was going to the HEX, and I felt, just like you did, it seemed like it was very unique, and I wanted more sets of eyes. I wanted more discussion. And, you know, it seemed like we were doing -- you know, that if the result out of the HEX was something that a whole bunch of people didn't agree with, we could have avoided that by saying, let's default to the biggest common denominator, which was put, like you just said, more eyes on it, and that's what we did. It didn't go to the HEX. It came here. And then we all made a unanimous decision that it didn't fit the parameters of allowing a food truck park. So I see where you're coming from, and I agree with Commissioner McDaniel. I think that, you know, having it come to us is something that I would support. COMMISSIONER KOWAL: Yeah. I guess I was just trying October 24, 2023 Page 329 to get clarity of what Commissioner Saunders -- you know, because he's a lot more knowledge [sic] on this process than I am. And what he was saying, to go one to the other, the other back to the one, I mean, I was just trying to follow it. And at the same time, I was trying to wrap my head around, is this actually going back to the HEX, when I was trying to avoid it going back to the HEX. COMMISSIONER SAUNDERS: I was trying to give Tony two bites at the apples, that's all. It can come straight here. MR. PIRES: I have faith in the Board. COMMISSIONER SAUNDERS: So I'll withdraw that comment; just have it come straight here. MR. PIRES: Thank you. COMMISSIONER KOWAL: So I don't even remember what the initial motion was. CHAIRMAN LoCASTRO: Why don't -- why don't you make the motion. COMMISSIONER McDANIEL: I'll withdraw my motion. You can be the leader of the band. Go ahead. COMMISSIONER KOWAL: I would like to make a motion that it comes here and we make a decision. COMMISSIONER McDANIEL: Can I second it? CHAIRMAN LoCASTRO: Second. Motion by Commissioner Kowal, second by Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) October 24, 2023 Page 330 CHAIRMAN LoCASTRO: It passes unanimously. COMMISSIONER McDANIEL: I do have a question. CHAIRMAN LoCASTRO: Go ahead, sir. MR. PIRES: I haven't left. I figured you still did. COMMISSIONER McDANIEL: No, I'm done with you. MR. PIRES: Okay. COMMISSIONER McDANIEL: It's for the County Attorney. And this has to do with process, et al. And when decisions are rendered by the HEX, who has the right of appeal on a HEX decision? MR. KLATZKOW: The non-prevailing party. COMMISSIONER McDANIEL: So if the applicant -- if an applicant is put before the HEX and they fail, they have a right of appeal which brings it to us? MR. KLATZKOW: It goes to the circuit court. CHAIRMAN LoCASTRO: Goes to the court. MR. KLATZKOW: It goes to the circuit court, yes. COMMISSIONER McDANIEL: Goes to court. That's one of the things that -- CHAIRMAN LoCASTRO: That's a risk. COMMISSIONER McDANIEL: Yeah. That's one of the -- it was -- it was -- so their right of appeal is not to the Board of County Commissioners for the extra eyes and ears and all that sort of stuff. It's -- MR. KLATZKOW: This is an appeal of an administrative decision. Those appeals can go either to the HEX or the Board. In this case, the Board's decided that the Board wishes to hear it. COMMISSIONER McDANIEL: Yes. Okay. I just was wondering if maybe we ought to give a review of that process. It seems to me that -- I mean, I've sat in on some Hearing Examiner meetings, and they're very clinical. I mean, he goes very, October 24, 2023 Page 331 very much by the law, but I was wondering if there was an appeal process to the Board of County Commissioners -- planning and zoning board, and does that nullify even having the HEX? And that's a -- maybe this is a discussion we can have off-line. I don't -- Burt's ready to go home. I'll be done. MR. KLATZKOW: We all are. COMMISSIONER McDANIEL: Got it. CHAIRMAN LoCASTRO: County Manager? COMMISSIONER McDANIEL: Sorry, Commissioner Saunders. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THE MEETING MS. PATTERSON: Yes, sir. That brings us to Item 15. Item 15A is public comment on general topics not on the current or future agenda by individuals not already heard during the previous public comments in this meeting. MR. MILLER: We've already heard from everyone in the county. MS. PATTERSON: Item 15 -- CHAIRMAN LoCASTRO: I know one person you couldn't get on. Remember, there's one person out there still waiting with her -- to unmute. Item #15B October 24, 2023 Page 332 STAFF PROJECT UPDATES MS. PATTERSON: Item 15B, staff project updates. We do not have any on this agenda. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS Which brings us to Item 15C, staff and commission general communications. I have nothing. CHAIRMAN LoCASTRO: Do you have anything? MS. PATTERSON: No. Quickly, we are making good progress on work with the consultant as well as another county relative to assistance with our zero-based budget. I'll brief you more fully at the next board meeting when it's not 9:15 at night. That's all I have. County Attorney? MR. KLATZKOW: Nothing. MS. PATTERSON: Commissioners. CHAIRMAN LoCASTRO: Mr. Rodriguez, did you have anything? MR. RODRIGUEZ: I'm good. Thank you. CHAIRMAN LoCASTRO: Commissioner Kowal? COMMISSIONER KOWAL: I'm good. CHAIRMAN LoCASTRO: Vince, the security guard down there, do you have anything? We're covering everybody; everyone in the county. Commissioner Saunders? COMMISSIONER SAUNDERS: No, I have nothing, October 24, 2023 Page 333 Mr. Chairman. CHAIRMAN LoCASTRO: Okay. Commissioner Hall? COMMISSIONER HALL: I'm all good. CHAIRMAN LoCASTRO: Commissioner McDaniel? COMMISSIONER McDANIEL: I'm done as well. CHAIRMAN LoCASTRO: I have one quick thing. Yesterday I met with -- and it's just for your back pocket. I met with Jim Bloom, a half a dozen sheriffs, and our County Attorney over the panhandling ordinance that we tightened to see if there was anything additional -- because we're still seeing panhandlers, still getting hate mail. Short answer is, this is as strong as it can be. People can stand in the big, giant medians on grass and say, "I'm homeless. Please give me money." The only thing that will bring the Sheriff by is if they walk out into the road. So all's they can do is stand right up against one lane that parallels the grass. So if any -- so if people ask you -- if they see somebody -- you know, if somebody waves a $20 bill and they're in a middle lane and that panhandler goes out there to get the money, boom, that's when the Sheriff goes. And the Sheriff -- Jim Bloom said that they've been watching the key areas. Pine Ridge exit -- U.S. 41 and Collier Boulevard in my district is a big, heavy place where they're on all four corners, and they've been sort of camped out with unmarked cars seeing if they go out into the road. They've made quite a few arrests, and then other -- at times -- the panhandlers, they know the ordinance. They stay right on the grass, and there's nothing illegal about that. COMMISSIONER McDANIEL: The only way they get in trouble is if they move out into a lane -- CHAIRMAN LoCASTRO: Yes. COMMISSIONER McDANIEL: -- and somebody in a farther October 24, 2023 Page 334 lane waves money at them? CHAIRMAN LoCASTRO: Right. COMMISSIONER McDANIEL: And once they come out into traffic, that's when they -- but the Sheriff also has to be there in order to see that. CHAIRMAN LoCASTRO: Yeah. But if it gets reported, you know -- and I've reported it several times. Hey, I just drove by, and the person's dodging cars as the light turned green, and they do report. And if you also remember by the ordinance, they're not allowed on very narrow medians. So it has to be a median that's, I think, wider than six feet. There's some specifics in there, but the short answer is, we're not doing any more to the ordinance. It opens us up to some legal issues. So you're still going to see panhandlers. We see a lot less of them. There is recourse if they're being unsafe or they're trespassing, you know, if they're asking people for money outside of a restaurant and the restaurant doesn't want it. So that's just some information for you. Okay. I think we're adjourned. Thank you. Good night. ***** ****Commissioner McDaniel moved, seconded by Commissioner Hall, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND THE CONVEYANCE OF A PORTION October 24, 2023 Page 335 OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR COLLIER COUNTY PUBLIC SCHOOLS GGG HIGH SCHOOL, PL20230008668. (THIS IS A COMPANION ITEM TO AGENDA ITEM #16C1) (DISTRICT 2) - A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON AUGUST 7, 2023 Item #16A2 RESOLUTION 2023-187: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE PLAT DEDICATIONS FOR THE FINAL PLAT OF ESTILO ACRES, APPLICATION NUMBER PL20130002583, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $238,130.14. (DISTRICT 1) Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND THE CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES AND APPURTENANT UTILITY EASEMENT FOR JASPER FLATS, PL20230008506 (DISTRICT 1) - A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON JUNE 8, 2023 Item #16A4 RESOLUTION 2023-188: A RESOLUTION FOR FINAL October 24, 2023 Page 336 ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF MEADOWOOD, APPLICATION NUMBER PL20180003143, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $612,177 (DISTRICT 3) Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR KELLY’S ROAST BEEF AT FOUNDERS SQUARE, PL20230011389. (DISTRICT 3) - A FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON JULY 21, 2023 Item #16A6 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $422,048, WHICH WAS POSTED AS A GUARANTEE FOR EXCAVATION PERMIT NUMBER PL20210001914 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 17 (DISTRICT 4) Item #16A7 OFFICE OF THE COUNTY ATTORNEY TO INITIATE FORECLOSURE PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA STATUTES, IN RELATION TO $168,750 IN ACCRUING CODE ENFORCEMENT LIENS, ARISING FROM CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CENA20210008684 AND CASE NO. CEV20210008685, October 24, 2023 Page 337 ENTITLED BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. LEE V. LAMBERT. (DISTRICT 5) Item #16A8 – Moved to Item #11D (Per motion by Commissioner Saunders; Seconded by Commissioner McDaniel) – Approved 5/0 Item #16B1 AWARD INVITATION TO BID (ITB) NO. 23-8119, “SIGNAL IMPROVEMENTS AT AIRPORT ROAD AND POINCIANA ELEMENTARY SCHOOL,” TO HORSEPOWER ELECTRIC, INC., IN THE AMOUNT OF $613,981, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (DISTRICT 4) Item #16B2 RESOLUTION 2023-189: A RESOLUTION AUTHORIZING THE CONVEYANCE VIA QUITCLAIM DEED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF ALL COLLIER COUNTY’S RIGHT, TITLE, INTEREST, CLAIM AND DEMAND IN A PARCEL OF LAND SITUATED ON THE WEST SIDE OF US-41 BETWEEN COCOHATCHEE RIVER AND CLEAR BAY DRIVE. (DISTRICT 2) Item #16B3 – Continued to the November 14, 2023, Meeting (Per Agenda Change Sheet) RECOMMENDATION TO AWARD INVITATION TO BID ("ITB") NO. 23-8130, "US 41 (SR45) NORTH LANDSCAPE IRRIGATION RENOVATION IMPROVEMENTS," TO HANNULA October 24, 2023 Page 338 LANDSCAPING AND IRRIGATION, INC., IN THE AMOUNT OF $267,205.86, AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENTS. (DISTRICT 2) Item #16B4 CHANGE ORDER NO. 2 UNDER AGREEMENT NO. 21-7900, “DESIGN SERVICES FOR STORMWATER IMPROVEMENTS FOR THE BCG & CC/CCN AREAS” PROJECT, WITH HOLE MONTES, INC., TO EXTEND THE LENGTH OF THE CONTRACT BY 365 DAYS FOR TASKS 1-4, REALLOCATE $62,114.00 FROM TASK 4 TO TASK 3, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NUMBER 60102.12) (DISTRICT 4) Item #16B5 CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND ISLES OF COLLIER PRESERVE PROPERTY OWNERS’ ASSOCIATION, INC., FOR LANDSCAPE, IRRIGATION, AND CONCRETE PAVER IMPROVEMENTS WITHIN THE BAYSHORE DRIVE PUBLIC RIGHT-OF-WAY. (DISTRICT 1) Item #16B6 AWARD REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 22-8053, “PROFESSIONAL DESIGN AND RELATED SERVICES FOR VANDERBILT BEACH ROAD EXTENSION October 24, 2023 Page 339 PHASE II,” TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $1,784,269.20, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NUMBER 60249) (DISTRICT 5) Item #16B7 RESOLUTION 2023-190: TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $4,214,438 FOR THE CONSTRUCTION OF THE VANDERBILT BEACH ROAD (VBR) 6 LANE WIDENING PROJECT AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (FUND 1841, PROJECT #60199) (FPID # 446338-1) (DISTRICT 2) Item #16B8 A REQUEST TO ADVERTISE A PROPOSED MODIFICATION TO ORDINANCE NO. 96-84, AS AMENDED, TO AMEND THE BOUNDARIES WITHIN THE RADIO ROAD MUNICIPAL SERVICE TAXING UNIT (MSTU) (DISTRICT 4) Item #16C1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, APPROVES AN AGREEMENT ALLOWING THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO INSTALL, MAINTAIN, REPAIR, AND REPLACE FENCES AROUND THE PUMP STATION IN October 24, 2023 Page 340 THE COUNTY UTILITY EASEMENT AT 15100 VETERANS MEMORIAL BLVD, GGG HIGH SCHOOL. (THIS IS A COMPANION ITEM TO AGENDA ITEM #16A1) (DISTRICT 2) Item #16C2 CHANGE ORDER NO. 1, PROVIDING FOR A TIME EXTENSION UNDER CONSTRUCTION AGREEMENT NO. 22- 7981, WITH ONE SOURCE CONSTRUCTION COMPANY & BUILDERS, INC., FOR THE NCRWTP STORAGE BUILDING PROJECT. (PROJECT NO. 70136) (DISTRICT 3) Item #16C3 EASEMENT AGREEMENT WITH CAROL P. BROCKLESBY, AT A COST NOT TO EXCEED $1,300, FOR THE ACQUISITION OF A UTILITY EASEMENT FOR PROPOSED WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS (PROJECT NUMBER 70141.8.1) (DISTRICT 3) Item #16C4 CHAIRMAN TO EXECUTE DOCUMENTS NECESSARY FOR A UTILITIES CONVEYANCE FOR POTABLE WATER INFRASTRUCTURE ON COUNTY-OWNED PROPERTY LOCATED AT THE COLLIER COUNTY SPORTS COMPLEX AND EVENTS CENTER, 3920 CITY GATE BLVD N, TO THE COLLIER COUNTY WATER-SEWER DISTRICT, AT A COST NOT TO EXCEED $200. (DISTRICT 3) Item #16C5 October 24, 2023 Page 341 INCREASE BOARD APPROVED PURCHASE ORDER NO. 4500207573 ISSUED TO CDM SMITH, INC., IN THE AMOUNT OF $2,620,803.60 FOR TASKS 2 OF THE "DESIGN SERVICES FOR THE NESA WELLFIELD," AGREEMENT NO. 19-7583, WHICH IS CONSISTENT WITH THE AMOUNT PREVIOUSLY APPROVED BY THE BOARD FOR THAT TASK UNDER THE AGREEMENT (PROJECT NO. 70198) (DISTRICT 5) Item #16C6 CHANGE ORDER NO. 1, ADDING A 325-DAY TIME EXTENSION UNDER AGREEMENT NO. 20-7760 WITH QUALITY ENTERPRISES USA, INC., FOR THE DESIGN-BUILD OF PUMP STATION EMERGENCY POWER RESILIENCY PROJECT, DUE TO A DELAY IN MANUFACTURING AND AVAILABILITY OF GENERATORS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 50391) (ALL DISTRICTS) Item #16D1 NON-STANDARD AGREEMENT NO. 23-026-NS, “GRANT MANAGEMENT SOFTWARE,” WITH BENEVATE, INC., AS A SOLE SOURCE PROVIDER OF NEIGHBORLY SOFTWARE’S ECONOMIC AND COMMUNITY DEVELOPMENT HOSTED GRANT MANAGEMENT SOFTWARE TO SUPPORT FEDERAL/STATE GRANT PROGRAMS, APPROVE EXPENDITURES UNDER THE WAIVER, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT (FISCAL IMPACT $594,490) (ALL DISTRICTS) October 24, 2023 Page 342 Item #16D2 CHAIRMAN TO SIGN A LANDLORD PAYMENT AGREEMENT BETWEEN COLLIER COUNTY AND BKREED INVESTMENTS LLC, D/B/A REED PROPERTY MANAGEMENT AND SALES, ALLOWING THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS AND RAPID UNSHELTERED SURVIVOR HOUSING GRANTS PROGRAM (HOUSING GRANT FUND 1835 AND HOUSING MATCH FUND 1836) (ALL DISTRICTS) Item #16D3 NON-RESTRICTED GRANT, IN THE AMOUNT OF $1,000, FROM THE NATIONAL PHILANTHROPIC TRUST IN SUPPORT OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES. (PUBLIC SERVICES GRANT FUND 1839) (ALL DISTRICTS) Item #16D4 CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES FOR THE RESTORATION OF THE HISTORIC COTTAGES AT MAR-GOOD HARBOR PARK. (PUBLIC SERVICE GRANT FUND 1839 AND PUBLIC SERVICE MATCH FUND 1840) (ALL DISTRICTS) October 24, 2023 Page 343 Item #16D5 RESOLUTION 2023-191: A RESOLUTION CREATING AN ANIMAL MEDICAL TREATMENT FUND TO ACCEPT PRIVATE DONATIONS TO FURTHER THE GOALS AND PURPOSES OF THE COUNTY’S DOMESTIC ANIMAL SERVICES (ALL DISTRICTS) Item #16D6 CHAIRMAN TO SIGN THE ATTACHED AGREEMENT BETWEEN COLLIER COUNTY AND THE DEPARTMENT OF ELDER AFFAIRS IN THE AMOUNT OF $250,000 FOR DESIGN SERVICES FOR THE GOLDEN GATE SENIOR CENTER EXPANSION AND HARDENING PROJECT (HOUSING GRANT FUND 1835) (ALL DISTRICTS) Item #16D7 FY23-24 CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1,495,900 (ALL DISTRICTS) Item #16D8 SERVICE CONFIRMATION WITH AMERICAN CRUISE LINES (ACL) FOR THE COLLIER COUNTY MUSEUMS TO PROVIDE THE OPPORTUNITY FOR SELF-GUIDED EXCURSION EXPERIENCE(S) AT THE MARCO ISLAND HISTORICAL October 24, 2023 Page 344 MUSEUM FOR ACL TRAVELERS, ACCEPT THE RELATED PAYMENT PER VISIT, AND APPROVE THE RELATED BUDGET AMENDMENT (DISTRICT 1) Item #16D9 RATIFING FEE WAIVERS GRANTED BY THE DIVISION DIRECTOR OF DOMESTIC ANIMAL SERVICES FOR THE PERIOD OF MARCH 1, 2021, THROUGH SEPTEMBER 30, 2023, IN THE AMOUNT OF $6,624.00, IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN RESOLUTION NO. 2018-106 (ALL DISTRICTS) Item #16D10 ELECTRONIC AWARD ACCEPTANCE AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AN AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS ADULT DRUG COURT DISCRETIONARY PROGRAM, FOR FUNDING IN THE AMOUNT OF $1,000,000, AND $333,333.33 IN MATCH, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS (HOUSING GRANT FUND 1835 & HOUSING MATCH FUND 1836) (ALL DISTRICTS) Item #16D11 EXPENSE AND PAYMENT OF UP TO $8,057.74 FOR ONE (1) ORTHOPEDIC SURGERY ON A DOG THAT HAS BEEN ADOPTED, CONTINGENT UPON PAYMENT FOR THE NECESSARY ORTHOPEDIC SURGERY, AND DEEM THE October 24, 2023 Page 345 EXPENSE TO HAVE A VALID PUBLIC PURPOSE (ALL DISTRICTS) Item #16D12 THE ADMINISTRATIVE REPORT FOR THE PUBLIC SERVICES DEPARTMENT DOMESTIC ANIMAL SERVICES DIVISION’S “AFTER-THE-FACT” PURCHASES REQUIRING BOARD APPROVAL IN ACCORDANCE WITH PROCUREMENT ORDINANCE 2017-08, THE PROCUREMENT MANUAL, AND THE PURCHASING CARD MANUAL, AS WELL AS, TO APPROVE THE PAYMENT OF $83,414.34 IN EXPENDITURES THAT HAVE BEEN INCURRED THAT WERE OUT OF COMPLIANCE WITH THE PROCUREMENT REQUIREMENTS FOR ASSOCIATED INVOICES THAT HAVE NOT BEEN PAID (ALL DISTRICTS) Item #16E1 AWARD INVITATION TO BID (“ITB”) NO. 23-8148, “24-HOUR TOWING AND ROADSIDE SERVICES,” TO BALD EAGLE TOWING & RECOVERY, INC., AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. (ESTIMATED SPEND AT $50,000 ANNUALLY) (ALL DISTRICTS) Item #16E2 (1) RETROACTIVELY APPROVE AS OF OCTOBER 1, 2023, ALL EXISTING PURCHASE ORDERS FOR THE PURCHASE OF UTILITY SERVICES FOR ELECTRIC, WATER AND SEWER October 24, 2023 Page 346 NEEDED TO OPERATE COUNTY FACILITIES AND OPERATIONS; (2) AUTHORIZE FOR THE NEXT FIVE FISCAL YEARS ONGOING UTILITY EXPENDITURES NOT TO EXCEED $19,315,000; AND (3) APPROVE EXEMPTION FROM COMPETITION FORMS FOR THE CITY OF MARCO ISLAND, THE CITY OF NAPLES, THE IMMOKALEE WATER AND SEWER DISTRICT, COLLIER COUNTY WATER AND SEWER DISTRICT, FLORIDA POWER AND LIGHT, AND LEE COUNTY ELECTRIC COOPERATIVE (ALL DISTRICTS) Item #16F1 AN “AFTER-THE-FACT” REQUEST FOR PUBLIC ASSISTANCE TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR REIMBURSEMENT OF EXPENSES INCURRED DURING HURRICANE IDALIA (ALL DISTRICTS) Item #16F2 CHAIRPERSON TO EXECUTE TWENTY (20) DEED CERTIFICATES FOR PURCHASED BURIAL RIGHTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO RECORD THE DEED CERTIFICATES WITH THE CLERK OF THE COURT’S RECORDING DEPARTMENT (DISTRICT 5) Item #16F3 RESOLUTION 2023-192: A RESOLUTION AND TO APPROVE A LICENSE AGREEMENT FOR CONSTRUCTION STORAGE FOR October 24, 2023 Page 347 ACCURATE DRILLING SYSTEMS, INC., FOR THE GOLDEN GATE CITY TRANSMISSION WATER MAIN IMPROVEMENTS – PHASE 1A – GOLF COURSE TO UTILIZE COUNTY-OWNED PROPERTY LOCATED IN THE GOLDEN GATE AREA (DISTRICT 3) Item #16F4 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES UP TO AND INCLUDING $25,000, AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000 (ALL DISTRICTS) Item #16F5 RESOLUTION 2023-193: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) (ALL DISTRICTS) Item #16F6 RESOLUTION 2023-194: A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE A DISTRICT OFFICE LEASE AMENDMENT WITH CONGRESSMAN MARIO DIAZ-BALART FOR ADDITIONAL COUNTY-OWNED OFFICE SPACE WITHIN THE GOLDEN GATE CUSTOMER SERVICE October 24, 2023 Page 348 CENTER (DISTRICT 3) Item #16F7 A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND BIGI & BIGI, LLC, FOR ADDITIONAL OFFICE SPACE LOCATE AT COURT PLAZA III, 2671 AIRPORT RD., NAPLES, FL 34112, TO BE UTILIZED BY THE COMMUNITY AND HUMAN SERVICES DIVISION AND VETERAN SERVICES FOR THE HOUSING, SOCIAL SERVICE ASSISTANCE PROGRAMS (ALL DISTRICTS) Item #16G1 RESOLUTION 2023-195: BOARD OF COUNTY COMMISSIONERS, ACTING AS THE AIRPORT AUTHORITY, ADOPT THE ATTACHED RESOLUTION APPROVING THE PROPOSED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT, AND MARCO ISLAND EXECUTIVE AIRPORT FOR 2024 (ALL DISTRICTS) Item #16I1 Miscellaneous Correspondence October 24, 2023 (All Districts) October 24, 2023 Page 349 Item #16J1 RESOLUTION 2023-196: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION CHANGING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS (ALL DISTRICTS) Item #16J2 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $74,433,621.53 WERE DRAWN FOR THE PERIODS BETWEEN SEPTEMBER 28, 2023, AND OCTOBER 11, 2023, PURSUANT TO FLORIDA STATUTE 136.06 (ALL DISTRICTS) Item #16J3 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF OCTOBER 18, 2023 (ALL DISTRICTS) Item #16J4 – Moved to the November 14, 2023, Meeting - Motion by Commissioner Saunders; Seconded by Commissioner LoCastro – Approved 5/0 RECOMMEND THAT THE BOARD OF COUNTY October 24, 2023 Page 350 COMMISSIONERS ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES DEPARTMENT OF TREASURY COMBINED EQUITABLE SHARING AGREEMENT AND CERTIFICATION THROUGH SEPTEMBER 30, 2024 (ALL DISTRICTS) Item #16K1 RESOLUTION 2023-197: REAPPOINTING TWO MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (ALL DISTRICTS) Item #16K2 RESOLUITION 2023-198: REAPPOINTING TWO MEMBERS TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE (DISTRICT 2) Item #16K3 STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $60,000 PLUS $13,270.18 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS, FOR THE TAKING OF PARCELS 329FEE/TDRE1/TDRE2 REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 (ALL DISTRICTS) Item #16K4 AN AMENDMENT TO RETENTION AGREEMENT WITH CARLTON FIELDS, P.A., FOR SPECIALIZED LEGAL AND October 24, 2023 Page 351 MEDIATION SERVICES, EXTENDING THE TERM AND PROVIDING FOR THE FIRST INCREASE TO THEIR HOURLY RATES SINCE 2018 (ALL DISTRICTS) Item #16K5 THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED MARTIN NESTARES AS PARENT AND LEGAL GUARDIAN OF FRANCISCO NESTARES, A MINOR V. COLLIER COUNTY, FLORIDA AND EBL PARTNERS, LLC., (CASE NO. 22-CA-973), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $25,000 (ALL DISTRICTS) Item #16K6 – Moved to Item #12A (Per Agenda Change Sheet) Item #16L1 AWARD INVITATION TO BID (“ITB”) NO. 23-8144, “HOLIDAY LIGHTS AND DECORATION RENTAL AND INSTALLATION SERVICES,” TO LIGHT ER UP, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED FIXED TERM SERVICE AGREEMENT (DISTRICT 2, DISTRICT 4, DISTRICT 5) Item #17A ORDINANCE 2023-48: AN ORDINANCE REZONING PROPERTY FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT October 24, 2023 Page 352 DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS LUTGERT AIRPORT ROAD CPUD, TO ALLOW UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF-STORAGE INCLUDING AUTOMOBILE, RECREATIONAL VEHICLE, AND BOAT STORAGE. THE PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD NORTH, APPROXIMATELY 320 FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5± ACRES AND PROVIDING AN EFFECTIVE DATE (THIS IS A COMPANION ITEM TO GMPA- PL202220003934, ORANGE BLOSSOM/AIRPORT ROAD COMMERCIAL SUBDISTRICT GMPA, ITEM #17B) [PL20220000533] (DISTRICT 2) Item #17B ORDINANCE 2023-49: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE A SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT ORDINANCE AMENDING THE ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT TO ALLOW UP TO 40,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES OR UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF-STORAGE INCLUDING AUTOMOBILE, RECREATIONAL VEHICLE, AND BOAT STORAGE ON 5 ACRES OF THE 10-ACRE SUBDISTRICT LOCATED ON THE WEST SIDE OF AIRPORT ROAD, APPROXIMATELY 320 FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 2 EAST, COLLIER COUNTY, FLORIDA. October 24, 2023 Page 353 [PL20220003494] (COMPANION PUDZ PL20220000533 ITEM #17A) (DISTRICT 2) Item #17C RESOLUTION 2023-199: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FY23-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) (ALL DISTRICTS) **** October 24, 2023 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9: 17 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL RICK LoCASTRO, CHAIRMAN ATTEST CRYSTAL K. INZEL, CLERK f Att t as to Chairman s signature only ,,,y These minutes appr ved by the Board on t- ¶- 201 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 354