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Agenda 04/23/2024 Item # 2C (BCC Minutes from March 26, 2024)04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Doc ID: 28652 Item Summary: March 26, 2024, BCC Minutes Meeting Date: 04/23/2024 Prepared by: Title: Management Analyst II – County Manager's Office Name: Geoffrey Willig 04/17/2024 4:01 PM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 04/17/2024 4:01 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 04/17/2024 4:02 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 2.C Packet Pg. 15 March 26, 2024 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 26, 2024 LET IT BE REMEMBERED that the Board of County ~ Commissioners, in and for the County of Collier, and also a t~'ks 0 the Board of Zoning Appeals and as the governing boaFaf s) of such • REGULAR SESSION in Building " " or the Government Complex, East Naples, Florida, with the ~/ ~ -,"'f/v..:...:RE-=::;,8'ENT: ing Board members present: Chris Hall Rick Locastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders Patterson, County Manager aniel Rodriguez, Deputy County Manager Scott Teach, Deputy County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 26, 2024 9:00 AM Commissioner Chris Hall, District 2; -Chair Commissioner Burt Saunders, District 3; - Vice Chair Commissioner Rick Locastro, District 1 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 CHAIR. 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 CHAIR. 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 1 March 26, 2024 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 CHAIR. 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 CHAIR. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIR'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 TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; Page2 March 26, 2024 ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED 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 Pastor David Wildman, Grow Church -Estates Location 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. February 13, 2024, BCC Minutes C. February 27, 2024 , BCC Minutes 3. A WARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES a) Karla Nicol-Fleet Management 2) 20 YEAR ATTENDEES a) Anthony Colangelo Jr-Parks & Recreation 3) 30 YEAR ATTENDEES 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES 1) Recognize Nolan Sapp for his 46 years of dedicated public safety service upon retirement. Page3 March 26, 2024 D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS A. Proclamation designating March 24 -30, 2024, as the 41 st Anniversary of Know Your County Government Week. To be accepted by Tish Roland, 4-H Youth Development Agent, UF/IFAS Collier County Extension, Mikie Stroh, Social Studies Coordinator, Collier County Public Schools, and Diane Preston Moore, President, League of Women Voters. B. Proclamation designating March 29, 2024, as Vietnam War Veterans Day in Collier County. To be accepted by VFW Cmdr. Gamal "Tony" Reyes. 5. PRESENTATIONS 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve an Ordinance amending the Collier County Growth Management Plan to create the GMA Commercial Subdistrict within the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of Indoor Air-Conditioned Mini and Self-Storage. The subject property, consisting of 9 .84± acres, is located on the south side of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East. [PL20230002460] (Companion item to 9B) (District 3) B. 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 an Ordinance rezoning property to a Commercial Planned Unit Development (CPUD) Page4 March 26, 2024 zoning district for a project to be known as GMA CPUD, to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and indoor air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage on 9 .84+ acres of property located south of Immokalee Road, approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. [PL20230002458] (Companion item to 9A) (District 5) C. 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 Genesis CPUD to allow up to 65,000 square feet of gross floor area of commercial uses on 10.51± acres of property located in the northwest quadrant of the intersection of Pine Ridge Road and I-75, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (PL20220004304) (District 2) D. Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program. (All Districts) 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 -Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (District 3) B. To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, Page5 March 26, 2024 allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item l lA) (Ed Finn, Deputy County Manager) (District 3) C. Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water-Sewer District, award Construction Invitation to Bid ("ITB") No. 23-8141, "Northeast Water Reclamation Facility and Water Treatment Plant Deep Injection Wells" to Youngquist Brothers, LLC, in the amount of $29,389,000, and authorize the Chairman to sign the attached Agreement. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (District 5) D. Recommendation to approve Change Order No. 15 in the amount of $4,820,600.00, under Agreement No. 18-7474 pertaining to the "Design- Build ofNortheast Service Area Interim Wastewater Treatment Plant, Storage Tanks and Associated Pipelines," with Mitchell & Stark Construction Co., Inc., add 550 days to the contract, waive liquidated damages of $1,790,000 and have the Chair sign the attached Change Order. (Project 70194) (Matt McLean, Director, PUD Engineering and Planning Division) (All Districts) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. B. Staff Project Updates Page6 March 26, 2024 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 authorize the Clerk of Courts to release a Performance Bond in the amount of $4,980, which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester Phase 2, PL20230014392. (District 5) 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $233,240, which was posted as a guarantee for Excavation Permit Number PL20220005335 for work associated with Stonebridge Country Club -Golf Course Renovations. (District 2) 3) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $163,400, which was posted as a guarantee for Excavation Permit Number PL20220008091 for work associated with the Vineyards Country Club -South Golf Course Renovation. (District 3) 4) Recommendation to approve the release of a code enforcement lien with an accrued value of $303,195.64 for a reduced payment of $19,940.60 in the code enforcement action titled Board of County Commissioners vs. Jason Lee Willard Est., relating to property located at 1680 Acremaker Rd, Collier County, Florida. (District 3) 5) Recommendation to adopt a resolution to hold a public hearing on April 9, 2024 to consider vacating four 30-foot-wide public road right-of-way easements, as described in Official Record Book 70, Page 504, Official Record Book 90, Page 487, Official Record Book 111, Page 129, and Official Record Book 172, Page 596, of the Public Page7 March 26, 2024 Records of Collier County, Florida, located approximately 1,050 feet east of Logan Boulevard and lying south ofimmokalee Road (CR- 846) in Section 28, Township 48 South, Range 26 East, Collier County, Florida. (PL20240000788) (District 3) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award Invitation to Bid (ITB) No. 23-8163, "Installation & Maintenance of Traffic Signals and Roadway Lighting" to Southern Signal & Lighting, Inc., (primary vendor) and Horsepower Electric Inc., (secondary vendor), authorize the Chairman to sign the attached Agreement. (All Districts) 2) Recommendation to approve a First Amendment with Superior Landscaping & Lawn Service, Inc., and a Second Amendment with Superb Landscape Services, Inc., under Agreement No. 18-7430, "Landscape Maintenance Vendors," extending those agreements for an additional 180 days, and authorize the Chairman to sign the attached Amendments. (All Districts) 3) Recommendation to award Invitation for Qualifications (IFQ) No. 23- 8135 "Exotic Vegetation and Nuisance Vegetation Removal" to EarthBalance Corporation, Earth Tech Environmental Services, LLC., Sandhill Environmental Services, LLC., A+ Environmental Restoration, LLC., Woods and Wetlands, Inc., Peninsula Improvement Corporation dba Collier Environmental Services, Environmental Restoration Consultants, Inc., DeAngelo Contracting Services, LLC., and authorize the Chairman to sign the attached Agreements. (All Districts) 4) Recommendation to approve a budget amendment in the amount of $22,532.20 to recognize revenues received from traffic accident reimbursements from Insurance Companies in Landscape Project Fund (1012). (All Districts) 5) Recommendation to recognize carry forward funding for the Collier Metropolitan Planning Organization (MPO) in the amount of $5,828.30, earned from the FY 2022/23 Transportation Disadvantaged Planning Grant, and to approve all related necessary Budget Amendments. (All Districts) Page8 March 26, 2024 6) Recommendation to approve an Agreement for the purchase of a drainage easement (Parcel 14 7DE) required for the West Goodlette- Frank Road Area Stormwater Improvement Project Phase 2 (Project No. 60142, Estimated Fiscal Impact: $28,871 from Stormwater Capital Improvement funds). (District 4) 7) Recommendation to approve Change Order No. 1 under Agreement No. 22-7976 with Sacyr Construction USA for the CR862 Vanderbilt Beach Road Extension from CR95 l Collier Blvd. to 16th St. NE Project for one hundred seventy three (173) additional days and $790,742.31 for unforeseen additional items reimbursable from the Owner's Allowance, including an after-the-fact payment in the amount of $17,126.29 for material testing, and authorize the Chairman to sign the attached Change Order. (Project No. 60168, Estimated Fiscal Impact: $790,742.31 from Contract Allowance-Roadway funds). (District 5) 8) Recommendation to authorize the electronic submission of the County Incentive Grant Program (CIGP) and the Transportation Regional Incentive Program (TRIP) Applications with the Florida Department of Transportation to fund the design of a major intersection improvement at Golden Gate Parkway and Livingston Rd. in the amount of $6,000,000. (District 2, District 4) 9) Recommendation to approve and execute a Local Agency Program (LAP) Federal-Funded Grant Agreement with the Florida Department of Transportation (FDOT) reimbursing the County up to $8,710,000 for the construction of the 16th Street NE Bridge Project and authorize the necessary budget amendment, FPN 451283-1-58-01. (Project 60212, Fund 1841). (District 5) C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the Donation Agreement with Collier Park of Commerce Owners' Association, Inc., a Florida not-for-profit corporation, at a cost not to exceed $750 for payment of property owner's attorney fees for the acquisition of a Utility Easement to expand the easement area for Pump Station 309.12. (District 4) 2) Recommendation to approve an Easement to Florida Power & Light Page9 March 26, 2024 Co., for installation of a switch cabinet to facilitate conversion of overhead to underground service, at the Golden Gate Wastewater Treatment Plant at 4931 3 2nd Ave SW, Naples, Florida (District 3) (28168) 3) Recommendation to waive liquidated damages of $97,020 for completion of the wall, gate, and landscaping for the Community Pump Station 101.16 Rehabilitation Project; approve the revised Notice to Proceed establishing substantial and final completion dates; approve after-the-fact payment of Pay Application 1 the amount of $93,094.24 for the project work completed through August 31, 2023; and approve continued work and completion of the project. (Project 70139) (All Districts) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve Amendment #9 to the State and Local Fiscal Recovery Plan to include a reallocation of funds to support affordable housing and mental health services and allow for the purchase of additional ambulances to enhance services throughout Collier County. (All Districts) 2) Recommendation to approve and authorize a Budget Amendment to recognize interest earned, in the amount of $1,760.02, for the period of October 2023 through December 2023 on advanced library funding received from the Florida Department of State to support library services for the use of Collier County residents. (Public Service Match Fund 1840) (All Districts) 3) Recommendation to approve and authorize (1) a fund transfer in the amount of $27,600 to Emergency Solutions Grants Program PY22 Match Fund from Collier County Seniors Fund (2) transfer $2,400 within Emergency Solutions Grants Program Housing Match Fund from PY21 Match project to PY22 project and (3) reallocate $677.60 of match within PY22 project to meet the required federal match obligation for the Emergency Solutions Grant Program. (All Districts) 4) Recommendation to approve the State Housing Initiatives Partnership Annual Report and Local Housing Incentive Certification for the closeout of Fiscal Year 2020/2021 and authorize the electronic Page 10 March 26, 2024 submission to Florida Housing Finance Corporation to ensure compliance with program requirements. (SHIP Grant Fund 1053) (All Districts) 5) Recommendation to approve and authorize the Chairman to sign the HUD Federal Financial Report SF-425 for the close out of the HOME grant for Fiscal Years 2011, 2012, 2013, 2014, 2015, and 2017. (All Districts) 6) Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (All Districts) 7) Recommendation to accept and appropriate a donation of $75,000 from the Friends of the Library of Collier County, Inc., to the Collier County Public Library for the purchase of eBooks and eAudio to enhance the Library's electronic materials collection, and to authorize the necessary Budget Amendment. (All Districts) 8) Recommendation to accept the annual FY24-25 Retired and Senior Volunteer Program grant award from AmeriCorps Seniors in the amount of $77,500 with the required match obligation of$47,754 and authorize the necessary Budget Amendments. (Human Services Grant Fund 1835 and Human Services Match Fund 1836) (All Districts) 9) Recommendation to approve the "After-the-Fact" submission of a grant application to the Florida Department of Children and Families for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program in the amount of $2,407,857 including $1,207,857 in match over three (3) years. (All Districts) 10) Recommendation to approve and authorize the Chairman to sign a four-year Agreement between Collier County and the David Lawrence Mental Health Center in the amount of $900,000 to operate the Collier County Adult Drug Court Program utilizing funds from the Department of Justice, Bureau of Justice Assistance. (All Districts) E. CORPORATE BUSINESS OPERATIONS Page 11 March 26, 2024 F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt the 2024 Strategic Plan with the inclusion of changes based upon direction received at the February 6, 2024, Board Workshop. (All Districts) 2) Recommendation to approve and accept title to Tract 10, Wiggins Bay, Phase I, subject to certain encumbrances, pursuant to Ordinance No. 23-46 and its related amended settlement agreement. (District 2) 3) Recommendation to approve Change Order No. 1 for a 180-day time extension for the Collier County Jail Fire Alarm Replacement" project, under Agreement No. 22-8018 with National Security Fire Alarm Systems, LLC. (Project No. 50237) (District 1) 4) Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 "Tourism International Representation -UK and Ireland Market" with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (All Districts) 5) Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 "Tourism International Representation -Germany Market" with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. (All Districts) 6) Recommendation to approve and ratify the third amendment to a Memorandum of Understanding (MOU) between Public Services Department, Community and Human Services, and Collier County Emergency Medical Service (EMS), to modify scope of work from four ambulances to the purchase of up to seven ambulances under Collier Public Health Infrastructure Program, ARP21-23, for a total of $2.7 million within the Emergency Medical Services Grant Fund under the American Rescue Plan Act, Local Fiscal Recovery Fund. (All Districts) Page 12 March 26, 2024 7) Recommendation to renew a Certificate of Public Convenience and Necessity for Class 2 ALS non-emergency inter-facility ambulance transports to MedTrek Medical Transport, Inc., to provide inter- facility and out of county ambulance transfer services. (All Districts) 8) Recommendation to authorize budget amendment within County Wide Capital Project Fund (3001) in the amount of $850,000 to New Air Conditioners Project (52162) from Reroofing Project (52161) to support current priority needs. (All Districts) 9) Recommendation to adopt 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) 10) Recommendation to approve an after-the-fact electronic submittal of an Assistance to Firefighters Grant application to FEMA in the amount of $883,600.00 for the purchase of 94 replacement portable radios for EMS and to allow the County Manager, or designee, to serve as the authorized representative in the electronic system, FEMA GO, throughout the grant period. (All Districts) 11) 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) 12) Recommendation to approve and authorize the Chairman to execute an Amendment and Extension to an existing Agreement between the Villas at Barefoot Beach Homeowners Association, Inc., and Collier County for a maintenance agreement for contiguous properties at Barefoot Beach Park North Access. (District 2) 13) Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) and Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport) for the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee. (All Districts) Page 13 March 26, 2024 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating April 13 -20, 2024, as Pickleball Week in Collier County. To be accepted by Mike Dee, CEO, Pickleball for America and Terri Graham and Chris Evon, co-founders of the Minto US Open Pickleball Championships. 2) Proclamation designating March 2024 as American Red Cross Month in Collier County. To be accepted by Jill Palmer, Executive Director, South Florida Region, and Dennis G .E. Sanders, Community Volunteer Leader. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence March 26, 2024 (All Districts) J. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of March 20, 2024. (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 $31,541,560.17 were drawn for the periods between February 29, 2024 and March 13, 2024 pursuant to Florida Statute 136.06. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to appoint the initial membership of the Rock Road Improvement Advisory Committee (District 3) L. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency and the Board of County Commissioners review and accept Page 14 March 26, 2024 the 2023 Annual Reports for the two community redevelopment component areas: Bayshore Gateway Triangle and Immokalee and publish the reports on the appropriate websites. (All Districts) 17. SUMMARY AGENDA -This section is for advertised public hearings and must meet the following criteria: 1) a recommendation for approval from staff; 2) unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) no written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bee meeting on which the items are scheduled to be heard; and 4) no individuals are registered to speak in opposition to the item. for those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to approve an Ordinance amending the Future Land Use Element of the Collier County Growth Management Plan to create the Home Depot-SE Naples Commercial Subdistrict to allow development of 140,000 square feet of gross floor area of commercial uses and home improvement store uses. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 13.77± acres. [PL20220000946] (Companion item to 17B) (District 1) B. 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 an Ordinance rezoning property to establish The Home Depot -SE Naples CPUD to allow development of 140,000 square feet of gross floor area of commercial/office uses and home improvement store uses; and to repeal an old provisional use Resolution and rezone Ordinance commitment related to an access road. The subject property is 13.77+ acres located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [PL20220000543](Companion item to 17A) (District 1) C. Recommendation to approve an Ordinance amending the Future Land Use Page 15 March 26, 2024 Element of the Collier County Growth Management Plan to create the Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet of gross floor area of Commercial Intermediate (C-3) or 20,000 square feet of gross floor area of Boat Sales and Boat and Engine Services and Repairs. The subject property, consisting of 3 .5± acres is located south of Radio Road, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East. [PL20230002069] (Companion item to 17D) (District 1) D. 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 an Ordinance rezoning property from the Commercial Intermediate District (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as The Boat House CPUD to allow the development ofup to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial uses or 20,000 square feet of gross floor area of boat sales and boat and engine services and repairs for the property located south of Radio Lane, north of Davis Boulevard and east of Radio Road in Section 3, Township 50 South, Range 26 East, Collier County, Florida; consisting of 3.5+/-acres. [PL20230002068] (Companion item to 17C) (District 1) E. This Item has been continued from the February 27, 2024 BCC Meeting Recommendation to adopt an Ordinance amending the Collier County Land Development Code to clarify the regulations pertaining to mobile homes located in the coastal high-hazard area, to remove duplicative floodplain protection regulations that are codified in the Collier County Code of Laws of Ordinances or with the Florida Building Code, and to update citations and correct scrivener's errors. (Companion item to 17F) (All Districts) F. Recommendation to approve an Ordinance amending the Collier County Code of Laws and Ordinances to update temporary emergency housing and floodplain development regulations. (Companion item to 17E) (All Districts) G. Recommendation to adopt an Ordinance amending Ordinance No. 2019-14, which established the Currents Community Development District, in order to contract the external boundaries of the District resulting in a net contraction of 5 .12± acres from 516 .25± acres to 511.152± acres. (District 1) Page 16 March 26, 2024 H. Recommendation to adopt 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) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 17 March 26, 2024 March 26, 2024 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everybody. How's everybody? Welcome to the --welcome to the commissioner meeting. Glad to have the vets in the house, any students in the house, as we d~ Government Awareness Day. So today should be a good da:¾-~ County Manager. MS. PATTERSON: Let's begin with our invocati and Pledge of Allegiance. Our invocation by Pastor David Wild a~, Grow Church, Estates location. Item#IA ~ INVOCATION BY PASTOR DAV D ™I / MAN, GROW CHURCH -ESTATES LOCATION IN" OCATION GIVEN PASTOR WILDMAN: 1 a enly Father, we come before you today with hearts filled wft rah tude as members of this community gather for this commission r meeting. Thank you for the e)pportunity to unite in purpose and service under your guid , HG.e. Lord, we lift up each commissioner and decision-mak€t'in tlf s room. Bless their families, protect their homes, an -gra t them the wisdom and guidance they need to lead with integn and compassion. k; j t i _ ritten in James 1 :5 , if any of you lacks wisdom, you s r,tr k God, who gives generously to all without finding fault, an ·t ill be given to you. May this promise guide these leaders as they seek to honor you in their service. We pray for the residents of Collier County, our business owners, our brave first responders, and our armed forces both here and abroad; shield them from harm, and bring restoration to Page 2 March 26, 2024 those who have suffered loss. May your hand of protection be upon them, and may they feel your presence in their lives. Father, as we proceed with today's agenda, let every word spoken in this room be seasoned with grace and humility. Help everyone remember the responsibility we carry, not for our own~ glory, but as stewards of the gifts you have entrusted to us. ~ May we all walk in gratitude and the fear of the Lord, a1 ays mindful of the greater purpose we serve. In all that we d t day, let us reflect your love and your truth, seeking not just t -e 0 sperity of our county but the flourishing of every soul withi i We ask all these things in the precious n e o f esus, amen. (The Pledge of Allegiance was recited in ni -o . ) CHAIRMAN HALL: I did fail to sa-~ --and I was glad that it didn't happen. I'm glad nobody's pho ·nte pted God's conversation. But if you haven't silence your phone, please do so now. That would be most help fu t MS. PATTERSON: Co:c---~~---<~-": sioners, agenda changes for March 26th, 2024. Items 11.A and 11.B e our time-certain items at 2:30. These are related to the Rural eighborhood Renaissance Hall at Old Course second a ~ndment leases and income-sharing agreements. I'll read the fuJ itle , 1n when we get --at 2:30. Continue e 16.D.6 to the April 9th, 2024, BCC meeting. This is a re €0 m endation to approve and authorize an after-the-fact payme i _ n e amount of $14,268.87 to Robert Half International, I ., rproviding temporary staffing to support housing-related pro r , ms, and to waive competitive procurement. This is being moved at staff's request. Add-on Item 10.A is a recommendation to submit a letter to Governor DeSantis to urge him to veto Senate Bill 7014, the ethics bill. This is being added to the agenda at Commissioner Saunders' Page 3 March 26, 2024 request. Move Item 16.F .4 to 11.E. This is a recommendation to authorize --approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979, "Tourism International Representation -UK and Ireland Market," with OMMAC, Limi e for flat annual fixed price of $120,000 and reimbursable expe , s travel, registrations, and miscellaneous for up to $80,000, t0t a ·ng $200,000 annually, and make a finding that this action P.IOm tes tourism. This is being moved at Commissioner McDa ~'s request. And move Item 16.F .5 to 11.F. This is a rec m ndation to approve and authorize the Chairman to execut a o O -year renewal of Agreement No. 22-7980, "Tourism Internation Representation -Germany Market," with , iaMonde e.K. for flat annual fixed price of $120,000 and ei tl uF al>le expenses for travel, registrations, and miscellaneous e ens es for up to $60,000, totaling $180,000 annually, and make a fin ~li : that this action promotes tourism. This is also being 0 e at Commissioner McDaniel's request. As I noted, Companio terns 11.A and 11.B will be heard at 2:30p.m. ; And we hav court reporter breaks set for 10:30 and 2:50. With tha County Attorney, any further changes? MR. E~ ~: No changes. MS. P >f'E RSON: Commissioners. H IAl AN HALL: We have --do we have a motion to a , ro e he summary and the consent agenda? v S. PATTERSON: Ifwe could get our changes and ex parte. CHAIRMAN HALL: Oh, changes, okay. MS. PATTERSON: Yep. We'll start with Commissioner Kowal. CHAIRMAN HALL: Any changes and ex parte, Page 4 March 26, 2024 Commissioner Kowal? COMMISSIONER KOWAL: I have no changes, and I do have items [sic] for 9.B, 9.C, actually, 17.B and 17.D, meetings, e-mails on all four of those items. CHAIRMAN HALL: All right. Commissioner Saunders~ COMMISSIONER SAUNDERS: Mr. Chairman, I don' , a ~e any changes to the agenda. I do have some ex parte in ref er €11ce to Items 17.B and 17.D, just meetings and some correspon ence. CHAIRMAN HALL: All right. ~, Commissioner McDaniel. '" COMMISSIONER McDANIEL: Good om·n , sir. I have no changes myself, and I have exp rte on 17.B and C. CHAIRMAN HALL: Great. I hav.-o c anges, and I have --I have meetings on 1 7 .B and e in , on 1 7 .D as well. And, Commissioner LoCastre ~ COMMISSIONER LoCAST 0. Yes, sir. Thank you, Mr. Chairman. I have --on 17 .B, I h:u:r'n''?.,v~1,,..,,.cL--J,':eetings, and 17 .D, I have meetings. And no changes, but, you w, with your discretion or your approval, I'd like to jus de er a little bit off of the summary agenda. There's three ·1ems that I was considering pulling for more clarification, -it w as 17.A, 17.B , and 17.C. But after discussions with Mr. Bosi -and I would ask if he could come forward. And I've voiced this ,ev~ral times, and I spoke with Ms. Patterson yesterday abou t. S0metimes on the summary and the consent agenda, it co rtl -b efit from a few extra sentences. A citizen who's not in the roo • ght now or watching the all-day proceedings could read something on the summary and consent agenda and have an improper takeaway , making it sound like we're building something tomorrow or --you know, we get these e-mails a lot , "Oh, I saw something on the summary agenda, and you guys snuck another one through." Page 5 March 26, 2024 So, you know, with your permission, I would just like Mr. Bosi to just give a couple of sentences to explain the Home Depot project of 17.A and Band the boat project in 17.C in as little as --you know, as much brevity as possible. But I think it warrants just a little bit of clarification. What he said in my office yesterday I wish woul • been in print here. So that's why I just ask for him to come to I podium so that we know what we're approving and what we Fe not approving. ,t 0 CHAIRMAN HALL: Mr. Bosi. ~~ MR. BOSI: Good morning, Commissioners. • e Bosi, Planning and Zoning director. For the Growth Management Plan amend ent commercial PUD for Home Depot, they'r t e uesting --currently there's six parcels, just over 13 acres. e zoned C-3, but for a big-box store like a Home Depot,, ou eecl a C-4. So they are --they've submitted a Growth agement Plan amendment to raise the commercial level to C-~ i thin their PUD to allow for the development of a Home e t It's a unique site in tll sense that it's shallow. It's not a very deep parcel. So this is going to be one where the building's brought much closer to t road. It's going to have a much more intimate feel. Parkin t" oing to be to the side. But staff 1s in fully of --support of the project. The Planning Commissio , , tl a unanimous recommendation for the project. And we th· th addition of that Home Depot's going to add some add1ti l competition to the market related to the home goods and , re that are specifically geared to the neighborhood. And one of the things that we've had conversations with the East Naples development --or the East Naples community, forever they said, "You know, self-storage facilities, car washes, gas stations, they're not quite what we're looking for. We want a little bit more Page 6 March 26, 2024 neighborhood-serving, and a Home Depot is something that's most certainly going to be able to serve those individual --those individual household needs in a direct way." So staff has fully supported this project and, as I said, the Planning Commission as well. ~ And then the boathouse GMP and PUD is a similar type of situation. It's a 3-acre parcel that sits between Radio --Raelro Road and Davis Boulevard where they come together, and Ra Q ane, just to the west of the Circle K. It's, like I said, a 3-acre a 1 currently zoned C-3, but they wanted to develop a boat deal t • •. But a boat dealership is a C-4 zoning district, so they neecle iifl that zoning to C-4. That's what the Growth Management ,. a amendment is. And they're only adding the one C-4 e, meaning the boat dealership. And from staffs perspecf e a transportation's perspective, it's an actual reductio be a 'Se of --the amount of traffic that are generated from a boat dealers • 1p compared to some of the other retail uses that could ha e;en developed within that C-3 zoning district would be a i e 1t more intense. So we think it's a goo 1t, it's a good --it's a good addition to an area that has a full arra . ement of infrastructure available to it. Once agai taff --staff was recommending approval on it, as well as the Planning Commission had a recommendation of approval as well. .estions you would have? ~~,ilSSIONER LoCASTRO: I just wanted to clarify that t t?· s il1 have to go through many approvals, traffic studies, and all the h. gs that I know we'll get a thousand e-mails on. A lot of times we near from citizens and they say, "You know, you just rezone everything with a rubber stamp," and this is a perfect example. And Commissioner McDaniel has given these examples several times where he said, "Be careful what you sort of don't wish for, Page 7 March 26, 2024 because you say no to this, and then something with much greater density and volume" --so, you know, we had a discussion yesterday that there's still many more approvals that are needed. This is just one more step to let us take a closer look at the possibility of these, you know, commercial entities going on those footprints. ' MR. BOSI: Yes, correct. This is the entitlement stage. ,b~ next stage is the site development stage for each one, and thatl actually where our Concurrency Management System is a J2 ied. At your zoning, it's basically just cursory. We let you kn ew how much volume, capacity, seeing what's in the road syste th-i n --within the utility system, but it's actually the Site De 'V:elo m en Plan where the concurrency is actually applied, checkboo co-currency is allocated within the transportation review and e fire districts will have to sign off on all the turning radiu ,. There was some questions ab u H©"aesign of the Home Depot, would it be able to promote, you k o , a full sale --full-scale fire engine to be able to access the ~ They're not going to sign off on that Site Development Plan u l ss it meets the specs of that. So there's still a lot more to c e before they're going to be open for business, so to speak. ; COMMISS ER LoCASTRO: Thank you, sir. CHAI AN PJl'A.LL: Commissioner McDaniel. CO _ IS~ ONER McDANIEL: Thank you, Chair. I misre , n my ex parte. It's 17.B and Dis where I had g ' s ~ ... -.r---<...-"'"~IRMAN HALL: Great. ank you, Mr. Bosi. Can I have a motion to approve the consent and summary agenda? Item #2A Page 8 March 26, 2024 APPROVAL OF TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) -MOTION TO APPROVE BY ~ COMMISSIONER KOWAL; SECONDED BY COMMISSI R SAUNDERS -APPROVED AND/OR ADOPTED W/CH~-CG ES COMMISSIONER KOWAL: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Moved and seconde pprove. All in favor, say aye. COMMISSIONER McDANIEL: A$:e. COMMISSIONER LoCASTRO: CHAIRMAN HALL: Aye. ~ COMMISSIONER SAUND R . Aye. COMMISSIONER KO 1 L. Aye. CHAIRMAN HAL L . o nty Manager. Page 9 Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2024 Item llA to be heard at 2:30 PM: To approve the following documents related to the development of housing at the former Golden Gate Golf Course : 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc ., 2) Termination of Collier County Standard Form Long-Term Ground Lease , 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 -Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources , once developed and approved for legality. (Companion to Item l lB) (Ed Finn , Deputy County Manager) (Staffs Request) Item llB to be heard at 2:30 PM: To consider approval oflncome Sharing Agreement for Phase I, Renaissance Hall at Old Course , at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course , LLC , 25% to Collier Community Foundation, Inc., and 25% to Collier County , the parties to the Agreement. (Companion to Item l lA) (Ed Finn , Deputy County Manager) (Staffs Request) Continue Item 16D6 to the April 9, 2024, BCC Meeting: Recommendation to approve and authorize an after the fact payment in the amount of $14 ,268.87 to Robert Halflnternational, Inc., for providing temporary staffing to support housing related programs , and to waive competitive procurement. (Staff's Request) Add-on Item lOA: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014 ("Ethics Bill"). (Commissioner Saunders ' Request) Move Item 16F4 to llE: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 "Tourism International Representation -UK and Ireland Market" with OMMAC Ltd., for Flat Annual Fixed Price of $120 ,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel 's Request) Move Item 16F5 to llF: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 "Tourism International Representation -Germany Market" with DiaMonde e .K. for Flat Annual Fixed Price of $120 ,000 ($10 ,000 per month), and reimbursable expenses for travel , registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes touri sm. (Commissioner McDaniel 's Request) Notes: TIME CERTAIN ITEMS: Companion Items llA & llB to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course Second Amendment, Leases , and Income Sharing Agreement. 4/9/2024 2:3 I PM March 26, 2024 Item #2B and #2C FEBRUARY 13, 2024, BCC MINUTES AND FEBRUARY 27, 2024, BCC MINUTES -MOTION TO APPROVE AS PRESENTED BY COMMISSIONER SAUNDERS; SECONDED BY ' COMMISSIONER KOWAL -APPROVED "'(?\J ~ ~ MS. PATTERSON: Commissioners, Item 2.B are e eeting minutes of February 13th, 2024 , and you'd like to take t ©)ll 2.C with it , that's the meeting minutes of the February 27th 2 0 -, BCC meeting. COMMISSIONER SAUNDERS: Mr. C airman, if there are n~ questions or comments , I'll make a mot9~to approve both sets of minutes. • ~ V COMMISSIONER KOWAL. &e cwnd. COMMISSIONER McDANIIE ~. Second it. CHAIRMAN HALL: G ,e f. Motion and second to approve the minutes. All in favo , a a, e . COMMISSIONER ANIEL: Aye. COMMISSIONE LoCASTRO: Aye. CHAIRM , ALL: Aye. COMMI ~IO NER SAUNDERS: Aye. CO _ IS~ ONER KOWAL: Aye. MS. P ;r· RSON: Commissioners, that brings us to our EMPLOYEE AW ARDS & RECOGNITIONS -20 YEAR ATTENDEES-PRESENTED Page 10 March 26, 2024 Item 3.A.1.A, Ms. Nicol will not be with us today. We will schedule her for a future meeting. So that brings us to our next 20-year attendee. This is Anthony Colangelo, Jr., Parks and Recreation. Congratulations. (Applause.) CHAIRMAN HALL: Twenty-year guys know the drill (Applause.) Item #3C RETIREES-PRESENTED MS. PATTERSON: Item 3.C , retire,e ,. tern 3.C.1 is a recognition of Nolan Sapp for his 46 y ,a s edicated public safety service upon retirement. And as th Hie fs approach, I just wanted to say a few words about Chief Sa~ . My time in the County , a ver's Office and before , Chief Sapp has been an amazing colle a e and a friend to me and to the county. There's never been a time t I have called him or needed something from him when he hasn' answered the phone and provided me the best guidance a ti eassurance and help anytime, any day or any time of the night. I wa to ~ press my sincere thank you to you and as well as on behalf of tH s ff. We've all worked closely with you. We know that o r ,el 1onship will continue in some form or fashion, and we lo ~ rw,ard to seeing you around. But congratulations on your re i e , ent for now. (Applause.) CHIEF CHOATE: Commissioners, before we let Chief Sapp slide out of here --for the record, Michael Choate; I'm your executive director of public safety. His staff would like to say a few words, if Page 11 March 26, 2024 that's okay, this morning. I'd like to introduce Chief Wolfe; he's the interim chief now since the retirement, and Commissioner Dearborn for the Greater Naples Fire Commission, and they'd like to say just a couple things about their chief. Personally, I'll take the privilege of this platform to just sa~~ when I arrived here March 1st, 2016, Chief Sapp was open a s made me feel welcome, made me fit right in. And the first b ig brushfire I showed up on, he just didn't even say hello. e ust kind of pointed and said, "Go do." So I went and did. So, Nolan, we're going to miss you, brother. ;!"';;;'L!~_.·.,,'!"' ing to talk you into staying retired. Do not come back. ut w a 1 know better. So with that, Chief Wolfe. CHIEF WOLFE: Good morning, e~~ody. Chris Wolfe, Deputy Chief, Greater Naples Fire. • ~ 'ti I really don't have anything el s ir d other than what Ms. Patterson and Chief Choate men • oned. In the end, you're a friend to many. You know, a y ill say that when they hear you on the radio, you know , th c a s level drops a little bit, and we know we're going to get so commanding control in place. But like eve ~one as said, hopefully stay retired, but I don't think that's likel~. You'll pop up somewhere in about 48 weeks, if my calculatio ~are i 0rrect, with FRS. So co gra lations, Chief, and we'll miss you, and I'll air some time to eitH, c of our commissioners if they want to say anything. OM SSIONER DEARBORN: Thanks, Chief Wolfe. ~Hi~ Sapp, it's been an honor --for the record, Patrick Dea rn --honor to be the fire commissioner of Greater Naples. On behalf of --I know we have Commissioner Cherney back here as well, and all the commissioners. Chief, I'm a military guy. We've got some amazing veterans here in the room. We talk about being a good tactician, and the first Page 12 March 26, 2024 thing I told you when I met ya was you're a great "in the field, underfire" tactician. Your staffs awesome. You create a really cool fairness, family atmosphere that I've seen. I know that's going to continue, because you fostered that. And on behalf of just all the citizens of Greater Naples and Collier County men, I thank you, and God bless you and yo ~ Thank you. (Applause.) 0 COMMISSIONER LoCASTRO: I'd like Mr. ~~-~osi to come forward and talk about Chief Sapp. No, jus ,, 1ng. CHIEF SAPP: I'd like to talk a little bit about h1ef Sapp. You know, when we prepared the retirem nt ceremony at the office the other day, I was led to believe i was going to be like an open house, people would come and go , n ij was blown away, as many of you attended that. I was e ·uch appreciative of that. And to look up to see Ms. Patterson, r. Rodriguez, and many of you there, it was very heartfelt. I love Collier Countr. :\l given my heart and soul to Collier County. I've given up ma a day and night, a weekend, a holiday, and without --without second thought, and I'd do it again. I've enjoyed everyth"n I've done over the 33 years that I've spent here in Collier Count!, I'd be em1,s if I didn't thank all of you for the hard work that you've ut • working with me since I've been the fire chief. You've help , • lo _ • with myself, the City of Everglades secure funding for a ew fl e station. We've gotten Greater Naples' first COPCP. That wa: a uge hurdle. And many other projects that I've worked with Ms. Patterson, Mr. Rodriguez, the County Attorney, and everybody with, along with Mike Choate, Dan Summers, Crystal in the back. Me and her have been together since '93 when we bought the first 800 system. We were on that selection committee. Page 13 March 26, 2024 So I've had deep roots in Collier County since I came here, and I've enjoyed every minute of it. And I'm going to be --I'm still going to be living here. I enjoy living here. My family's here. And I'll find something to do here in the county; there's no doubt about it. I can't sit still that long. ~ But thank you all. I truly appreciate it. It means a lo~ m . So thank you. (Applause.) 0 MS. PATTERSON: Commissioners, thatbrin proclamations. Item #4A PROCLAMATION DESIGNATING ,.If&-.,_~,.._ ... ~ 24 -30, 2024, AS THE 41ST ANNIVERSARY OF~ YOUR COUNTY GOVERNMENT WEEK. ACCEB BY TISH ROLAND, 4-H YOUTH DEVELOPMEN ENT, UF/IFAS COLLIER COUNTY EXTENSION l STROH, SOCIAL STUDIES COORDINATOR, COLL COUNTY PUBLIC SCHOOLS, AND DIANE PRESTON MOO , PRESIDENT, LEAGUE OF WOMEN VOTERS -MO ON TO APPROVE BY COMMISSIONER SAUNDERS· SECONDED BY COMMISSIONER KOWAL - ADOPTED TERSON: Item 4.A is a proclamation designating 2fl.th through 30th, 2024, as the 41st anniversary of Know Yo r ounty Government Week, to be accepted by Tish Roland, 4-H You h Development Agent, UF /IF AS Collier County Extension; Mikie Stroh, social studies coordinator, Collier County public schools; and Diane Preston-Moore, president, League of Women Voters. Page 14 Congratulations. (Applause .) March 26, 2024 MS. VILLA: Hello. I am Nicole Villa, Golden Gate Estates High School. I was chosen to represent the 2024 youth involved with the 41 st Know Your County Government. Today we are on the third day of our program, that is pa n • s with Collier Public Schools, League of Women Voters, and University of Florida 4-H Youth Development in Collie o nty. We've been all over Collier County visiting dif£ ;ren ffices, the Sheriff, Supervisor of Electors [sic], Clerk of Circ it urt, Property Appraiser, the Tax Collector, wastewater faci 'ties, d so many more. We have found that there are a lot 0£ eo e working for Collier County, and they all have different ba g o , ti s, education levels, and experiences. All these peopl , , r o make Collier County the most amazing place to live in. W • uld like to thank all the employees of Collier County f0 n hat they do, and your hard work is appreciated. Thank you (Applause.) Item #4B PROCLAMAT ~ N DESIGNATING MARCH 29TH, 2024, AS VIETNA , ~ VETERANS DAY IN COLLIER COUNTY, AC Jr ED"BY VFW COMMANDER GAMAL "TONY" REYES - IO , TO APPROVE BY COMMISSIONER SAUNDERS; SE ONDED BY COMMISSIONER KOWAL - AD PTED MS. PATTERSON: Item 4.B is a proclamation designating March 29th, 2024, as Vietnam War Veterans Day in Collier County, Page 15 March 26, 2024 to be accepted by VFW Commander Gamal "Tony" Reyes. Congratulations. (Applause.) MR. HOLMES: Would you direct Dusty Holmes, former Army nurse, to join us in the front? I'll pay for that later, peopl~ (Applause.) ~ MR. REYES: Good morning, Commissioners. I am • y Reyes, the VFW Post 7721 commander, and we do appr.eG-ia e the invitation and the recognition that you have expresse d=: o s today. We also want to take advantage --and special thank Commissioner LoCastro and his staff for spea eaMi putting together the proclamation for us. It w , ery well done. Thank you very much for it. On behalf of the VF --well, they' , a escaped from me. I was going to recognize our Vietnam ve era nere today. But for those that remained, thank you for your se rice, and welcome home. Thank you. (Applause.) MR. HOLLIDAY: nks, guys. Appreciate it. Thank you, everyone. ; MS. PATT SON: Commissioners, that brings us to Item 7, public comm~ t-s o ~ eneral --oh, yes. Could we get a motion to accept the ~roe a ations first, please, first? Thank you. Tha ,o . a , SSIONER SAUNDERS: So moved. ~ MISSIONER KOWAL: Second. HAIRMAN HALL: All right. Moved and seconded. All in favor to accept the proclamations, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. Page 16 COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Thank you. March 26, 2024 ~m ~ PUBLIC COMMENTS ON GENERAL TOPICS NOT ON CURRENT OR FUTURE AGENDA MS. PATTERSON: Item 7, public comme neral topics not on the current or future agenda. Troy. MR. MILLER: Mr. Chair, we have eigh egistered speakers for this item. Your first speaker is Lauri e arris, and she will be followed by Jackie Keay. MS. HARRIS: Good momi g ommissioners. My name is Laurie Harris. I am from Marc / ~nd, Florida. Good morning, everyone. Collier County Do es i ~nimal Services has an advisory board. This board has thre open seats that are up for appointment in April: A veterin ari an or vet tech, Humane Society, and an at-large. I hav a~ lied for the at-large seat. I'm a full-time resident of Marco Isla ~ volunteer at DAS, the adoptions coordinator for Guardians Fl ~ida Animal Rescue, a member and volunteer at the es • t rian Church, and I was a member of the U.S. Coast Guar u-.x::i iary as a licensed captain and instructor and a volunteer f9 tn e lWa rco Patriots. As you can see , I'm dedicated to my com nity and the animals. The seat I applied for is currently held by Sue Law. I don't know if she's seeking reappointment to the seat, nor do I know if anybody else has applied for any of the open seats. That's Sunshine Laws. Page 17 March 26, 2024 As for the office the County Attorney, the current advisory board reviews all applications to decide who they want to the board, then submits the applications for your approval. In my opinion, the current advisory board is dysfunctional. A public records request for the last five years cannot locate any recommendations from the ~ advisory board to the Board of County Commissioners. The veterinarian was delighted to get off the board, stat-rn , "I don't see how this board brings any changes to the com " The chairman changed meetings from monthly t rly and stated to me, "Since Marcy" --she's the director --" o verything herself, there's little for us to do." I disagree with the sentiment and believe • ere • s much the advisory board can do to assist the DAS s a f w o work so very hard for the animals and the community .• I'm here today because of m ~omnaitment to this community. A healthy, functioning advisory boar&\ will identify problems and work together to find solution . ~y vision is to bring the non-profit organizations and Colliet 0 o i<: in tandem with DAS , as we all have the same mission. In the next couple elf weeks, the chairman of the advisory board will ask you to ~Rrove his recommendations for the three open seats. I respectfull):: e ues that you are not a rubber stamp to those recomme datio and, instead, review the applicants and appoint the most qualifl , es ~e ottully submitted. Thank you . . MILLER: Your next speaker is Jackie Keay. She'll be folt~ ed by Richard Schroeder. MS. KEAY: Good morning. Jackie Kay, proud Army veteran. First John 2:18, 4:2 through 3 warns us that there have been and will be many more antichrists. The antichrist is Satan's spirit that is manifested in toxic people, and John confirms that these hypocrites Page 18 March 26, 2024 will come from the Christian community. Like Satan, such deceitful and corrupt Christians have rejected God in their hearts, and Satan is their original antichrist who opposes God and is the epitome of all things evil. These misguided liars who claim to be Christians but are devils more --but are devils prov~ through consistent acts of hatred and evil that they are anti-C ,nst They blaspheme Jesus' name and weaponize Christianity, wl1:b h damages God's kingdom. They seem to forget that blasp e y is an unforgivable sin, and hell is their only option. ~ According to Psalm 97: 10, those who love G wi 1 hate evil. Contrary to God's words, those who are anti-G ist v evil and hate good. They are so hateful that they are targeti n persecuting the very people Jesus commanded us to share :h e truth of the gospel with. According to Jesus and MattM .~1 through 23, not everyone who claims or who calls him Lord w1 l enter his kingdom. Jesus is clear that only those who obeX n o the will of God will enter heaven . As such , he will n t e evildoers he does not know them, which refers them or def e t em to hell. Antichrists will be ~udged more harshly because they know the truth and still c 0 se Satan. These devils embody forces of darkness and evil spirit ,, pH ian 6: 12. We are wa d in 1 Corinthians 5: 11 through 13 to not associate or even eat itll anyone who claims to be Christian and live in sinful activ it e i _ sex outside of marriage, lies about others, worship idles 1 uaiu politicians, or blasphemers. the Apostle Paul clarifies that it is God's job to judge those outside of the church and believers' job to judge those inside the church who are living in sin. Lastly, in Revelation 19 and 20, Satan, the beast, antichrist, prophet, the man of lawlessness, and son of destruction and their Page 19 March 26, 2024 followers will be thrown into the lake of fire where they will be tormented forever and ever, amen. Thank you. MR. MILLER: Your next speaker is Richard Schroeder, and he will be followed by Jay Kohlhagen. ~ DR. SCHROEDER: Richard Schroeder, retired physician. We talked a little bit about --at the last meeting about th isk of wireless radiation to human and environmental health, h t hink we need to understand a bit more about the telecommuni a f ()Il S industry that uses wireless radiation and how it's regulated. -eems that the regulations are very industry friendly indeed. Federal law gave the FCC the sole power o egulate wireless radiation risks. The FCC is a very impro ble organization to serve that role of protecting humans. It sp ec iahzes in technical issues that make the communications system un(S tt n and promote it, not in the health and safety of the individual , o use it. Such evaluations and safety regulations that do exist ainly have not evolved with the industry. The FCC's rules targe • st one health hazard, the possibility that wireless radiation can c se immediate thermal damage by overheating the , • the way a microwave oven heats food. This is done using a e li ite test dummy. It's up on the screen there. Proper human evaluations have never been done, and all we know for s ,pe om the FCC's SAR, our specific absorption rate test, is th ~@ u ell phone and wireless devices will not harm plastic w·tniit s . minutes . ......,.ciid this is in pretty sharp contrast to many other studies, including that of the NIH's National Toxicology Program which showed severe harms in animal testing with brain damage at even 1/100th of the dose used for humans. So interestingly, our favorite organization, the World Health Page 20 March 26, 2024 Organization, who loves it so much they want to control our lives, played a part in this dramatic misplacement of risk assessment. That's because most countries have adopted the W.H.O.'s regulatory guidelines and electromagnetic frequency policies which assume that negative health affects only occur when the levels of radiation ar high enough to heat human tissue, which doesn't take into acco I I long-term exposure to lower levels of radiation. Two other wireless presences in our lives we should n erstand better to get a grasp of this long-term exposure are 5G-~n~ SMART meters. 5G introduced a whole host of additional i: .. -...,,",.,,, y adding 3,000 new frequencies all in the short millim e ra ~e. That's in contrast to just five new frequencies that 4G a , e to the 20 that already existed under the second generati 0 an third generation, or 2G and 3G. • Your home SMART meter is ' a:~se technology, meaning it had military use development, wh@se initials stand for Smart Military Armaments in Residential Tee , o <1 gy. It's a hugely concerning issue for its invasion of intti a privacy, because it serves to monitor every electronic a: f1 ct of our lives while throwing off tons of radiation in the :R roce s with constantly pulsing signals. And more n that later, but I wanted to save just a second or two to just voice m: sup ort for those who may be coming after me with the projec for th community gardens. I happen to live in one of the caged comm n·ties where gardens are not allowed. So I would lend my s1112 grt o that effort. n ~you. R. MILLER: Your next speaker is Jay Kohlhagen. He'll be followed by Nancy Hannigan. MR. KOHLHAGEN: Jay Kohlhagen, for the record. Commissioners, Dan, again, everyone here, hey. I'm speaking about the community gardens here. There's a need Page 21 March 26, 2024 for them. And I'm speaking for the people who I call urban farmers. These are the people that live in apartment buildings; gated communities, like Richard just said; people that live in, I guess, mobile homes, mobile parks. I mean, these are all people that --and I guess other people can't afford to have gardens or --these gar are for people that would just love to have a place they could , • some seeds in the ground and grow their own food. I'm back to --community gardens are a gathering lace They're a gathering place for the community, for fam:i e and people from different religions, different values, different c ft , es. This is a place where they get together and work with the o -rs on their food plots or their garden beds, and they have a goo ti e doing it. I think that --I think we need stuff like this ome of these out here. Going back to --I think gardenin . --. , aening is good therapy for your mind and for your soul. I ' rr@ er --another healthy --healthy option for exerc se I know that it's --it's goo people like me that it's hard for me to get around, and it's jtts ~ood source of exercise. I think that it would a e these --ifwe make these community gardens, I think we coufi make some that are actually handicap-access], e. We could raise some gardens up so the handicapped eQple an --they can get their hands dirty and feel like they're a part o the community. I wal ; hree parks on Saturday. East Naples Community Park a ~d that, and I was looking for places, and I ran into a co pl , <J d they were --I had talked to them about what they thought abo t • aving a --having a community garden. And they told me, "We 1, we're only down here since --from December to Easter." Well, I told them if they put some seeds in the ground, that by Easter, that they'll be --have greens on their plate. What's another --I'd like to --you know, I'm going to get with Page 22 March 26, 2024 you, Dan, tomorrow, and we'll go over some of this stuff at that meeting tomorrow. And what I'd like to really say is --I'd like to say, let's make Collier County, okay, let's make Collier County the community garden capital of the world. Thank you, guys. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Before you leave tn podium, sir --,r 0 MR. MILLER: Jay. ~~ COMMISSIONER SAUNDERS: And I'm , la ~ u're having a meeting with Commissioner Kowal, because Ff!~ ~ tion was --you know, I grew up gardening in an area that had c • mm unity garden. What are you thinking of in terms of locati@ ns and things like that? MR. KOHLHAGEN: Oh, East a~l ~ to start. COMMISSIONER SAUND RS : I mean, is there a particular area? MR. KOHLHAGEN: Dan about that tomorrow:. COMMISSIONER I've got them. I'll talk to Great. And then the other issue is how do you ma ,e sure that the people that are doing the gardening are t es that reap the benefits from it? MR. KO -H EN: Well , that's because you've got a little --you've g . a little gate there with a little key, a little combination, -;0 the people can get in and do that. 0 -SSIONER SAUNDERS: I look forward to hearing ,.,.,,...,,,..... o , missioner Kowal. R. KOHLHAGEN: I'm telling you, I've got one in your --I see --I see these gardens all over the place. I mean, I see them --the Vineyards. I talked to --I talked to John, John Dino over there. He's the president of Naples --the Optimist Club, and he said they'd be willing to --to fund some of that out there. They thought it was a Page 23 March 26, 2024 real good idea, you know. There's a lot of it. I see --I see community gardens right outside this government complex out here. Your people can --or any people that work here can do their garden at lunchtime or something. I mean, I see them all over, from Everglades City, I mean, all the way to North Na~€ all the way to Immokalee. I see them --in all your districts, s these, including Marco and, like I said, Isle of Capri. I mea , l see them all over. 0 But I'd like to start with one so we can work the H out, you know, work the bugs out, you know and -- CO MMIS SI ONER SAUNDERS: Thank o CHAIRMAN HALL: Thank you, Jay. MR. KOHLHAGEN: All righty. MR. MILLER: Your next spe.ak , • s ancy Hannigan. She'll be followed by Andrea W erder. ~ MS. HANNIGAN: Good morn· g. I work at the --I don't work at --I garden at the com , n1ty garden on Immokalee Road with Jay and a lot of othe-el people, and I think it's a wonderful idea to have different gar :en around the communities, North Naples, South Naples, because drive all the way from the airport up to Immokalee Roa y ery other day just to water my garden or prune or whatever. An ink gardening is a wonderful extracurricular activity at rs oint. But in the future, given there are forces in the count tha consider eating bugs a possible future for us , I think that h am:n l ts of community gardens and planting fruit trees around Co ii r County, I think it's a wonderful idea. And I've been studying nutrition my entire life, and I think eating vegetables, especially fresh ones, not month-old vegetables , is absolutely the best way to go. And when certain foods are not available to us, which could be part of our future as well, I would Page 24 March 26, 2024 consider it prudent to allow Collier citizens to grow and raise their own food at their homes, if they have space, and maybe the spaces need to be looked at. Okay. Thank you very much. MR. MILLER: Your next speaker is Andrea W erder. be followed by Daniela Craciun. MS. WERDER: To plant a garden is to dream of tom but today we no longer have to dream it. We can do it. ;f o ay we can build it. Today we can grow it. Today we can e:~:~~~· together and enjoy community gardening in Collier Count And just listening to the other speakers --I'Ye e a member of a community garden, and what I like about it i 1t • rings people together. I kind of think of that Beatles se, g, 'Come Together." What it does --thank you. Ye . . s exactly what it does; Christians, Jew, you know, rich, p oor, i oesn't matter. We all want to eat good food. And we all enj o e1ng in a beautiful environment with people in the community~ a ctually care. We want to make Naples a better place. When I moved down e e five years ago, what I loved about Naples is it had this per ect vibe of cultural and organic farming. And I'm like, "W , this is a community that it's small enough where we can grow t<ogethe-Y, where we can support one another." In this ohf . ally divisive climate, it's kind of sad, but the garden has been m aven, my haven to meet with all different walks of life, peopl f1 o _ --people are my friends that I never even knew were antJ· n . Vou know, it just brings us together, and that is my message to Just, let's come together, let's do something to support one another physically, mentally, socially, and even financially. So thank you so much for considering this garden community. Bye, bye. Page 25 MR. MILLER: Next speaker is Daniela Craciun. MS. CRACIUN: Craciun . March 26, 2024 MR. MILLER: And she'll be followed on Zoom by James Reichert. MS. CRACIUN: Yes . Good morning. I'm the presiden Collier Fruit Growers. It's a non-profit organization here in for the last 45 years, and we --together with all the board, € to help Collier County and the kids in Collier County to il gardens. And we start to --I start doing cooking classe -. ' a chef, a nutritionist, at my daughter's school. And wh n S(i\'J,', 'I would like to plant some trees to start," they say, "We are o allowed because of the law in Collier County." In Lee County, they have more.t 11 S~ ra rdens , and they harvest, just in 2023 and 2024, 7,5 o ds of food, of vegetables, who go in the cafeteria, and from t e ,. they --the kids are eating healthy vegetables. Here in C h er County, it's not allowed, and I don't understand why. We start --our vice p e ident of the club start a garden in Everglades City, and it' · he ping kids mentally. Never in history of the United State ,, ids are --they were not so sick like now. Like garden help to~ me al health, help kids reconnect with Mother Earth. They i the computer and in the iPad all the time. I don't think that is , ad, but they need to balance a little bit nutrition outside, and t e omputer . ne)I we are collaborating with Ave Maria to put a food garden thet e nd with IF AS. I would like to see what we can do here in Collier County for our school to have a program like in the Lee County who already accomplish what they want in the last three years. That's it. Do you have any questions? Page 26 (No response.) MS. CRACIUN: Okay. Thank you. CHAIRMAN HALL: Thank you. March 26, 2024 MR. MILLER: Mr. Chair, your final registered speaker for Item 7 joins us on Zoom, James Reichert. ~ Mr. Reichert, you're being prompted to unmute yourself i , you'll do that at this time. I see you're unmuted, Mr. Reiche have three minutes. 0 MR. REICHERT: Hi , thank you. And I'd like te ~press my appreciation for all the members of the county go Vi em ent that work so hard to make Collier County better. I'm calling today because the Growth Ma agement Plan Community Development department tha 've een dealing with as an owner/builder in the process oft i . g o -t inspections on my little, stupid kitchen remodel have bee r egregious, at least in my opinion. They have a customer e. v ic e number, which is (239) 252-2400, and you call it, and ou teave it a message, and they say they'll get back to you in eig li , ours, but I'm still waiting for months from four different phone ls for them to call me back. And I just want to ring this to your attention as, right now, I can't schedule a of my inspections or do anything that --which is county requir ~-ent , and I'm trying to figure out how to wade through this ro G. ss and get it resolved other than just going ahead and ignoring n at the county has to say. ~ ha 's , 11 I've got. And thank you for your service. ~-MILLER: That was your final registered speaker for Item CHAIRMAN HALL: County Manager. MR. MILLER: Oh, I'm sorry. I just --I have someone on Zoom that was registered for a different item, which is now raising their hand as though they want to speak on this item. So with your Page 27 March 26, 2024 permission, Mr. Chair, I'd like to check this item out. Ms. Matthews, did you want to speak on public comment on general topics? MS. MATTHEWS: Hi. Yes. Thank you. Can you hear me? CHAIRMAN HALL: Yes, ma'am. Please go ahead. ~ MS. MATTHEWS: Wonderful. Thank you. Good morning, everyone. I'm an active volunteer and ~ PTO president at Sabal Palm Elementary. It's located in Gol en ate's estate area. The school is a Leader In Me school. I want to share that very recently, we restarte lie chool garden beds, and both the students and the staff are no on ~ embracing this activity, they are so eager to do more. And th students have been asking for a gardening club, cooking class s, increased hands-on gardening opportunities, and earth scie e-a , ed experiments. Just in the short time of having t'he garden at Sabal Palm, I am seeing firsthand how the garden is so much more than growing plants. It is a laboratory on tru -ca • pus that is incorporating nutrition, team work, sustain f>i ity, improves mental wellness, and embraces the core Collier aunty Public Schools curriculum standards. And most importantly, it's reconnecting the youth with the earth. My visio 1s to expand the availability of creating new gardens in Collier scho~l and communities. We would like your support to collaborate -i J1 county leadership to design an equitable and sustai a le rogram model and continue to keep Collier County the s m;azing place to live. ank you. MR. MILLER: And that should conclude public comment. Thank you, sir. Item #9A Page 28 March 26, 2024 ORDINANCE 2024-14: AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CREATE THE GMA COMMERCIAL SUBDISTRICT WITHIN THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT OP THE GOLDEN GATE AREA MASTER PLAN TO ALLO ~ 'h- 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE AND INDOOR 0 AIR-CONDITIONED MINI SELF-STORAGE USESi O WHICH UP TO 80,000 SQUARE FEET OF GROSS FLO ~-REA MAY CONSIST OF INDOOR AIR-CONDITIONEg..MI AND SELF-STORAGE. THE SUBJECT PROPER , C 'NSISTING OF 9.84 PLUS/MINUS ACRES, IS LOCATR O THE SOUTH SIDE OF IMMOKALEE ROAD APPRO I ~ Y 773 FEET WEST OF THE INTERSECTION OF IM • LEE ROAD AND RANDALL BOULEY ARD IN S C ION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST -ION TO APPROVE WITH CHANGES RELATED 9 EED RESTRICTION BY COMMISSIONER MCD EL; SECONDED BY COMMISSIONER KOW A -ADOPTED Item#9B ~ ORDINA 024-15: AN ORDINANCE REZONING PRO~ R • TO A COMMERCIAL PLANNED UNIT D ~ ~PMENT ZONING DISTRICT FOR A PROJECT TO BE KNQ , AS GMA CPUD TO ALLOW 125,000 SQUARE FEET OF , ROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE AND INDOOR AIR-CONDITIONED MINI AND SELF-STORAGE USES OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF AIR CONDITIONED MINI Page 29 March 26, 2024 AND SELF-STORAGE ON 9.84-PLUS ACRES OF PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD APPROXIMATELY 772 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEY ARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUN FLORIDA -MOTION TO APPROVE WITH CHANGES RELATED TO A DEED RESTRICTION BY COMMISSi ef R MCDANIEL; SECONDED BY COMMISSIONER KO A - ADOPTED MS. PATTERSON: Commissioners, th tbnn s s to Item 9, advertised public hearings. Item 9 .A and 9 .B re companion items. I will read them both in before we get sta d. Item 9 .A is a recommendation to 1 12 r0 v: an ordinance amending the Collier County Gro wtll 11nagement Plan to create the GMA Commercial Subdistrict witni t e Rural Golden Gate Estates Sub-Element of the Golden Gate ~rea Master Plan to allow 125,000 square feet of gross floor aEe ol commercial intermediate and indoor air-conditioned mini self-Q age uses of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage. The subj ; c ro , erty, consisting of 9.84 plus/minus acres, is located on the south side of Immokalee Road approximately 773 feet west of the • t section of Immokalee Road and Randall Boulevard in "' .. .r'-.:....:1, ownship 48 South, Range 27 East. ompanion, Item 9 .B, requires that commission members pro ide ex parte disclosure should a hearing be held on this item, and participants are required to be sworn in. This is a recommendation to approve an ordinance rezoning property to a Commercial Planned Unit Development zoning district for a project to be known as GMA CPUD to allow 125,000 square Page 30 March 26, 2024 feet of gross floor area of commercial intermediate and indoor air-conditioned mini and self-storage uses of which up to 80,000 square feet of gross floor area may consist of air conditioned mini and self-storage on 9.84-plus acres of property located south of Immokalee Road approximately 772 feet west of the intersection o Immokalee Road and Randall Boulevard in Section 2 7, Tow , 11 • 14'8 South, Range 27 East, Collier County, Florida. Commissioners, ex parte, and then we'll be sworn in thnough the court reporter for all participants. ~ CHAIRMAN HALL: Commissioner Kowa . COMMISSIONER KOWAL: Yes, Chaimia . I ave --for 9.B and 9.C [sic], I have meetings and e-mails. COMMISSIONER SAUNDERS: , ~ C airman, I have the same for items 9.A and --I mean, 9. fii ,. . CHAIRMAN HALL: Com is iorer McDaniel. COMMISSIONER McDANIE~. And I do as well, meetings and calls on 9 .A --or 9 .B and .C. CHAIRMAN HALL . o \ missioner Locastro. COMMISSIONER Q ASTRO: 9.B and 9.C, I have meetings. CHAIRMAN HAl&L: And I, as well, have meetings and emails on both items. MS.PA CHAI MS.P R e>N: Commissioner, we're on 9.A and 9.B. ~ HALL: 9.A and B. We all do on 9.B and 9.C. ;r· RSON: Okay. Well, we'll get C again when we ight. We need all participants that are --to stand up and 'n by the court reporter, please. 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.) Page 31 March 26, 2024 CHAIRMAN HALL: Mr. Mulhere. MR. MULHERE: Good morning. Thank you, Mr. Chairman. Here with me is Michael Saadeh, who's the applicant. He's standing behind me, or kneeling behind me. Norm Trebilcock is the transportation consultant. I noticed that Tim Hall is in the background. He's the environmental consultant. And Russ who is not on here --and I apologize to Russ --but he did tne analysis. 0 So the blue star there shows the location. You e ~,ee Randall Boulevard as well as Immokalee Road. This is a i:tt ~ ore closeup perspective. You can see the canal on the east sid n , the three parcels that make up this application. And as the County Manager indicate , there are two companion items: A Small-Scale Growth Manag e , , 'lan amendment and a companion rezone to a commerci al ~ rr ed Unit Development. I just wanted to give you a lit e 1t of background. A portion of this site, approximately thre , c es, which is right here, was the subject that was --that's o , n s Pond 8. That is currently a drainage facility for Immo a ee Road, county owned --was in consideration for a pare , 1 swap which was independently evaluated by Jacobs Engi ,~e ing on behalf of the county, and it was determined that the swaP, o t the ond 8, site consisting of about three acres , with Tract 52, Unit --I'll show you that parcel in just a minute --which consists of acres, was very adequate and of benefit to Collier Count¥.:,-•_ r , t 52, which is the parcel identified in purple here, is, again, a 1 wo acres larger than the existing pond allowing for a wet detention facility, also immediately adjacent to the canal allows for an outfall to that canal. This aerial shows the proposed improvements. The canal here on the north side of Immokalee Road, the water goes under Page 32 March 26, 2024 Immokalee Road and will be designed to follow that yellow dashed line down to this new pond site, which provides a great deal more storage and also allows discharge directly to that pond site. That was approved by the Board --at this point, I think it was two years ago. ~ MR. SAADEH: November 2021. ✓ '\ ~ MR. MULHERE: November of 2021, thank you. ~ This is just a copy of the Golden Gate Estates Rural u , re Land Use Map. It shows the location of the subject prope ~ This is the zoning map. As I indicated, the Pi o rt is presently zoned E, Estates. This is the county's PUD map. It shows e adJacent PUDs, BCHD right here, the Randall Curve PU t • ght here, and Orange Blossom Ranch is up in here and O~an e re , • --of course, the settlement area is these four sectiom Ei t here. This is the PUD master plan. e did work with the staff to locate two means of ingress aru e~ress. That's a right-in, right-out, right-in, right-out, and that sufficiently located to the west, both of them, in order to not intert"; with the tum lane which will provide access to the approved , anaall Boulevard, and I'll show you that in just a moment. We've lo ~ ed our preserves along the perimeter, providing additional buffeFi g to the Estates lots to the south. The T i dicates a total p.m. peak hour trip generation of --I'm .~-.,,-ere --173 trips. 389 --I'm sorry, 389. Yeah, sorry, ri m herp~ That's why I marked it, so I wouldn't mess it up, and I me eH it up. Staff recommendations for both the Small-Scale GMP A and CPUD are for approval. The Planning Commission met on February 1st, and a motion to approve failed by a vote of 3-2. There were only five members present at that meeting. Page 33 March 26, 2024 Probably the biggest issue discussed was the demonstration of need under the Florida Statutes to support a comprehensive Growth Management Plan amendment. These are the applicable sections of the Florida Statutes, Chapter 163. And I'll get into a few more specifics, but A is the amoun & land required to accommodate growth, in this case for comm er ia use, were consistent with all of those measurements, and al ,. 0 meet the projected permanent and seasonal population growt , th character of the undeveloped land, as it's located immeit1'f tely on adjacent --on Immokalee Road. We do have public facilities available. his @es cliscourage urban sprawl. Golden Gate Estates is a --gen ratly as been a single-use, 1-o-w density, very large --at 0 e oint, purported to be the largest subdivision in the world .• So by providing other opportunil ie or commercial activities, you are discouraging some of the ne Ja ive impacts of sprawl, particularly causing the immedt te y surrounding area to get in their car and drive, you know o t e est or significantly further to the east. There are job creation benefits. And J is what I just discussed about the, you w, antiquated subdivision. This is a rke analysis area shown in the circumference there, and you t , at this will serve a significant portion of Golden Gate alysis indicates that there is presently a supply of a , ro • ,ately 3,658,400 square feet and that the demand, through the rizon year of 2023, will be 3,834,211 square feet. So there is demand. And, furthermore , we are below the allocation ratio that the county establishes for these types of market studies in terms of demand. We're at .99 in the horizon year. Page 34 March 26, 2024 I wanted to show you this because I think it has bearing on this request. The county had done an improvement design several years ago now. And there was a first phase and then a second phase, and this is the first phase. And there's triple lefts here now in this first phase for folks heading down Randall and turning west on Immokalee Road. as I had indicated to you, that our access points here were des i: ned so as not to impact with a right tum lane for folks turning r· ht nto Randall . You can see there will be a pretty --some pret t improvements in the initial phase, Phase 1, to 1s 10 ersection. Phase 2, it's not funded, and, you know, I • o • 't really know when this will occur, but Phase 2 is actua J a partial flyover , and you can see that right here. Traffic wil --r ~~t'"\1'1-c -' 71L'.!e..-~1"'andall will fly over Immokalee Road, and then you ca tlus decel or --I guess, deceleration lane here to enter the ra el lane on Immokalee Road, which in this design, significa ©xtends into where the subject property is , albeit on the 0' e t \tvel lane, the north --the travel lane heading west. So we have a staff 1tecommendation of approval, subject to the condition that a :e aque wall or fence be installed along the southern perimeter oft e PUliY, 6-foot opaque wall or fence. We agreed to the condit·on e £. pt that we don't think a wall or fence needs to be required he e Because that's the county's drainage pond. So nobody will b • , cted there. But we would agree to that condition as it cross the majority of the parcels. ith that, I'm open to answer any questions. I do want to introduce my client, Michael Saadeh, who would like to say a couple of words . MR. SAADEH: Good morning, Commissioners. My name is Michael Saadeh. I've been a full-time resident of Collier County for Page 35 March 26, 2024 38 years. And as most of you know, I've been involved with quality developments throughout that time. Just real brief about the context of the swap agreement, we met with staff and with the county when they were discussing the expansion of Immokalee Road, and the pond that you guys own, e draina~e pond, was small and inadequate to accommodate t~ ~ expansion. We had a parcel that --the 5-acre parcel that was re ere : ced earlier. We offered to swap that with the county par e ~nd then your staff did a great job negotiating the improve -e swell. So as part of the swap agreement, we ha to --0 ce it's done, we'll do the improvements and --the drainage t provements all the way to the new parcel, the five acres. It a-l:s o will provide you with a discharge to the canal, which you don' . t? now. And the parcel you have right now is considered el tarage, and the one we will swap with you with the 5-acre pan~el • ill be wet storage, which we have to excavate. So this is really a wi -~/ 'or the county, for the citizens of Collier County, the taxpa . , for us. It's a good project for everyone. Very few pe.<Dple would consider those parcel frontage --front· n Immokalee Road to be prime for residential, especially when the oad gets expanded. Most of tn raffic's going to be local traffic. It's going to be generated 1 ~a ty. There's not going to be anybody trying to go there to --y:0 .. 0w, to get a sandwich or something if that becomes the usage o ., there. So we appreciate your support, and ready to answer any questions you may have. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I do have a couple quick questions. Page 36 March 26, 2024 The swap, has that already been completed? Or is that -- MR. SAADEH: The swap agreement, Commissioner Saunders, was approved by the county board unanimously in November 2021. COMMISSIONER SAUNDERS: Right. But I guess the question is that swap is not conditioned on this approval? ~ MR. SAADEH: No. i'bi COMMISSIONER SAUNDERS: The swap has occllfle ti ? MR. SAADEH: The swap has occurred, yes, corr ~t. COMMISSIONER SAUNDERS: And then I was little confused on the total square footage of commercia . ooks like the total square footage is 125,000 square feet -- MR. SAADEH: Yes, Commissioner. COMMISSIONER SAUNDERS: -wasn't sure if there was an additional 80,000. • MR. SAADEH: That's incht de ·n e -- COMMISSIONER SAUND S. That's included, okay. MR. SAADEH: The 80 0 0 rs included in the 125. The total number is 125. COMMISSIONER DNDERS: And then what are --I'm not sure if this is for you or or staff. But what are the potential commercial use . MR. SA~ EHi I'll let Bob address that. MR. U IS RE: Well, they're general convenience commercia m I have the list of uses right here. So you have, you , o 4ic~ uses and retail uses, childcare. ~ MISSIONER SAUNDERS: I guess - I guess what I wo d ask, without going through that list, No. 28 says eating places. Would there be any potential for, like, fast food or something that generates a tremendous amount of traffic? Is there any potential for that, or what are you thinking? MR. MULHERE: Yes. Under that SIC code, 5812, fast food Page 37 March 26, 2024 is allowed. Obviously, it will depend on the market, you know. Bars are not --free-standing bars are not allowed. We didn't include that use, but eating places are. COMMISSIONER SAUNDERS: Are there any other high-traffic-generating types of businesses? That looks like probably the only one that would have some potential for som - MR. MULHERE: I agree. I think everything else is --ou know, with 125,000 square feet, you're not going to gen Fat a great deal of neighborhood commercial traffic. And it wi w,i e from the surrounding area, I think. As was indicated, peo e / n't going to drive a long distance to get here from somewh e e s COMMISSIONER SAUNDERS: Woul ~ er be an issue with eliminating fast food? (', _ MR. SAADEH: Yes, Commissi -n vCJu st for the record, I mean, if you had like a McDonald , € se, the people that are going to stop at that McDonald's woul li e I cal traffic going home and coming back. It won't be so ...... i..""..,~.:u-J..~,'all"-driving from Naples to that McDonald's. We still m ai t 1 t at this traffic's going to be local. COMMISSIONER DNDERS: All right. I was just kind of curious as to what som . of the uses were. So thank you. MR. SAAD : Thank you. CHAI AN PJl LL: Mr. Saadeh, I have a question for you. So in lieu of tli e 1. nd swap, what's the monetary value that was negotiated ·· s,faff for the improvements that benefit the county? ~.:.;:,• ~S-"'ADEH: It's all --we bear the whole expense of all of it. e ounty does not pay anything towards the improvements, does 'f pay anything towards the excavation of the pond, does pay anyt ing that would solve it. You know, the county just will benefit from trading three acres of land for five acres of land, getting all the improvements, which are way north of a million dollars in terms of the cost -- Page 38 March 26, 2024 CHAIRMAN HALL: That's what I was asking. What was the value of the improvements that you're going to do for the storm water? MR. SAADEH: Once we dig the pond, it's going to be substantially more than a million dollars. ~ CHAIRMAN HALL: Great. Thank you. And are tho ~ improvements subject to this Growth Management Plan being approved? 0 MR. MULHERE: I'm sorry. Mr. Chairman, t e~ e subject to the swap, so that will have to occur. I'm sure the -ta , on't approve the SDP until those improvements are done, o the 'f p ta condition on this. CHAIRMAN HALL: I'm just tryin t o c arify for the public ilifile. • MR. SAADEH: The swap w il o occur officially --I mean, you agreed in principle to the swa , a • a you signed the agreement unanimously in November 202 But the official swap will occur once all the improvements a , taken place and all the things were done with the proper agen es and the permitting, et cetera, et cetera. And then once eve thi is finished and accepted, then --and the county can veri , at all these things are exactly what they need to be , then the o fiGial transfer of title , if you would, would take place between us an he county. CHA ~N HALL: Great. Thank you, sir. ,. OM . MILLER: Yes, Mr. Chairman. We have two registered i speakers for this item. Brian McMahon. He'll be followed om Henning. MR. McMAHON: Good morning. My name is Brian McMahon. I live about a block and a half away from where this project is going to be. Page 39 March 26, 2024 We have zoning rules. We have the Land Development Code, growth management. And the reason they have these is so people have an expectation of what's going to happen before they invest their money in property or, if they want to buy property, to enjoy a certain lifestyle. ~ We're not talking about a little building here. This is a ~ Home-Depot-sized building that you want to put on resident! lots. People moved out to the Estates because they wanted to get way from that. They don't want to hear trucks backing u a wo o'clock in the morning, "Beep, beep, beep." They don't w t o hear car stereos. They don't want to hear car alarms. ;:fJi e ant to have peace and quiet. That's it. The people whose houses are directt behind this, who's going to compensate them because the house walue' going to drop into the toilet? Who's going to want to b~ tha h'.ouse that 50 feet away is 125,000-square-foot building? o makes them whole? Isn't --this is what zonin s are for. You know, it's just --it would be one thing if it ftS • aller building, but like I say, the size of this thing, I believe, wa o stories, correct? Correct me. This is compl tel:x: • nappropriate for the area. I didn't move out there to have thi ing, you know, around the comer from my house. Like you sqy, tm:ere's fast food, there's auto parts stores on that list. There's a kinds of things that are going to go into that building. ' • -ot appropriate for Golden Gate Estates. Hat ooout the parcels that are next to it? There's 700 and, w ca , gt) eet between there and Wilson Boulevard? You're not go o be able to deny that commercial property after you gave these guys, so that whole corridor's going to be. Then the guy on the other side of Wilson Boulevard is going to go, "Hey, look at that. Why can't I develop my property commercial?" We've got to stop and look at Golden Gate Estates and stop just Page 40 March 26, 2024 thinking that this is the place where we're going to build whatever we want. It's starting to look like we're going to make this Houston , Texas, where you want to build it, you go right ahead, because you don't even need a permit. So I'm begging you guys, please, leave our neighborhood al e. There's a lot of frustration already out here , and I'm sure you' • 11:eard it. People are talking about making a city, because we're _e t i\ g tired of it. This is a classic example here . This isn't a littl Would you want 125,000-square-foot building in -eighborhood? If it was on Marco Island, people would be in ere with pitchforks and torches, okay. Same with Pelic -n Bay. We've had enough. Q Please, tum this thing down. w a , s to come up with something a little bit more reasonabl , "t "s worth talking about. But this is not appropriate for Golden a~e states. Thank you. MR. MILLER: Your nex and final speaker on this item is Tom Henning . THE COURT REPO l:ER: Do you swear or affirm the testimony you will give wil be the truth, the whole truth, and nothing but the truth? MR.HE Commiss1 0'ners, I've known Mr. Saadeh for decades. He's a man of his o'ia. ~ his is true public benefit. When I was a commissioner, we w -g·)'e impact fee credits for this swap and improvements. Now I se e t e Board, what they're doing is something different with --Kalea Bay is one that stands out to me. But the improvements over there will actually mitigate some of the noise coming from Immokalee Road. You're going to have a ramp there. Those buildings will mitigate some of those noises. Page 41 March 26, 2024 You're going to have a controlled access --if these were residential, you would have at least three separate accesses over there. So it's a benefit to the community. And when I was a commissioner, we encouraged commercial in Golden Gate Estates to serve the residents in Golden Gate Estates and the communities ~ around there to shorten the trips. This is not a trip generator. an attractor, and it's not going to attract myself living in East Na es, Commissioner LoCastro's district, but it's going to attraa . lh se trips out there, which is a benefit not only to the communi o olden Gate, but a benefit to the community as a whole w h en ou start doing proper land planning and placing uses that th eopl : i the area's going to use. Thank you for your time , and I enco arage you to approve this unanimously. Thank you. • MR. MILLER: That was out fina ·peaker. CHAIRMAN HALL: Com issi oner Saunders. COMMISSIONER SA --=---sc, .. --:-·RS: Thank you, Mr. Chairman. I also have known icH e Saadeh for many, many years and, obviously, his entire team. o this is a very difficult one for me because I feel the ain of the folks in the neighborhood that are concerned abou t eir quality of life. And I al . undet stand that this is --there's a public benefit here. But I thin tha real issue is are we negatively impacting the neighborho .:cl?, And I haven't quite decided how I'm going to vote on thi i su . I'm still going to listen to my colleagues here, but I ha e n ·s-sue with that. I know we've changed a lot of the Comp Pla as it applies to individual lots along Immokalee Road, and I hear the complaints from the community, and so I have some issues with this . And I'm looking forward to hearing from the --from my colleagues on this. MR. SAADEH: Can I interject something, Commissioner Page 42 March 26, 2024 Saunders? The gentleman lives on the north side of the road. And it's interesting that the folks that live on the adjacent property, not one of them came into the community hearing --community meeting or the Planning Commission or here today to show opposition to this ~ project. ':\~ The benefit to them is actually better than if it's not de e: 0.ped this way. If it's developed with single-family Estate ho es you wouldn't have any requirements to build any buffer or. an:}Y wall or any type of, you know, noise barrier or anything els . ou could just build a house, put the minimum amount o lan and done. We're giving them a humungous am o , t of buffer plus an opaque wall to the height of six feet.or , -. that's a --actually, it's an improvement for the immediat , eig oors and interesting that nobody showed up and you only: ha 0ne speaker telling you that he doesn't like this. ~ And I don't even kn 0-, ~n this gentleman moved to town. But this is Immokalee Ro . This is not the heart of the Estates where you're in the middle of 50 lots. This is right on Immokalee Road, which --as the town grew over the last 40 years, you know, the character oft e nei gl!borhood's changed. The character of everything chan ,ed. And there are services that would be required in that neighB or ood because these areas are growing, as you know, with yet n and all the other things. S}, ere would be those --the needs for these required services, an ,e immediate neighbors, not one of them came in and objected. That s relevant to say. COMMISSIONER SAUNDERS: Let me ask you a couple quick questions then. In terms of --when was the application made for this --this change in the Comp Plan? Page 43 March 26, 2024 MR. SAADEH: We've been in the works on this since November of 2021. We've had to go through the motions. We've had to go through Planning Commission. We have to go through the staff, the engineering, all that work. COMMISSIONER SAUNDERS: I understand. The reaso that I asked that question is I had asked the Board to impose ~ moratorium on these comprehensive land-use changes on th is segment of road, actually, on most oflmmokalee Road -~ 1-75 eastward , but I made it clear that I wasn't looking to i applications. MR. SAADEH: This is two years before tlia COMMISSIONER SAUNDERS: I unde st n , Mr. Saadeh. And so I became very concerned about th· , bu also recognizing that this was a pre-application long before h act , de that recommendation. ~ And then, I would ask staff s liere been any communication from the residents on that --I g e that's the south side of Immokalee Road where th-i r gj ect is? MR. BOSI: Mike B • Planning and Zoning director. Staff has not received an co ments. COMMISS ER SAUNDERS: And I assume that the neighbors MR. hav; been notified? Most definitely. IONER SAUNDERS: Would they have been notified ab t this hearing today? . BOSI: Yes. Yes, sir. OMMISSIONER SAUNDERS: And you've gotten nothing? MR. BOSI: Nothing. COMMISSIONER SAUNDERS: All right. Well , that answers my questions. I can support this. It's still consistent with what I had asked --asked the Board to consider some time ago in Page 44 March 26, 2024 terms of future applications. And so I think your explanation certainly gets me over the hump. I certainly would hope that there --if there's fast food there or something that generates a lot of traffic, that our traffic folks take that into consideration in any kind of approvals in terms of impacts 011 that roadway --✓ '\ ~ MR. SAADEH: Thank you. ~ COMMISSIONER SAUNDERS: --but thank yo _.Q CHAIRMAN HALL: Commissioner McDanie . COMMISSIONER McDANIEL: Yeah. Can ear from staff? I'd like to hear from staff, and then I h :v.e a ou le of comments that I'd like to make. MR. BOSI: Mike Bosi, Planning and Zoning director. As Mr . Mulhere indicated within : e entation, staff is making a recommendation of suppcr o oth the GMP and the PUD. The Planning Commission fe t at it did not meet the "needs analysis" requirements for a G,:;.--:..-........ -h Management Plan. And where staffs perspective wast at it s a public benefit that was also being provided for, and one of tfi --related to the stormwater pond and the access to the canal. ; The other ~ t --and it was highlighted --was if this was to be developed as t111'ee rn1 dividual Estates lots, those would be three individual driv y curb cuts onto Immokalee Road, and that's not the type of -th at's not the type of arrangement that would promote a bette tra[fi flow for this individual area. For all those reaso --and staff is of --supporting of having the opaque fence or wa e ding prior to the stormwater pond. COMMISSIONER SAUNDERS: I would think it would have to be a wall. We were talking about noise reduction. MR. BOSI: Yes. COMMISSIONER SAUNDERS: And an opaque fence won't Page 45 March 26, 2024 provide much of that. CHAIRMAN HALL: Comments, Mr. --Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Well, I do. You know, I think probably --and we've talked about this as far as --as far as --and I'll bring it up again at the end of this --at the end ID meeting here today. ~ But it's past time for us to review the Golden Gate as er Plan. And we've already got a committee convened, the Ea -to 51 Horizon Study 2.0 that's out there that we may be ab< bequeath that task to and have a review of the Golden Gate ecially specifically the rural segment of the Golden G , fe ster Plan. There are a lot of intersections, there :t e a ot of properties that really should be reviewed to decide _w h , s o ld be put on those pieces of property as opposed to tkl -a , opposed to the spot zoning that sometimes happens as we go QfWard. We haven't reviewed the Golden Gate Master Plan for - t • nk we adopted the last one in '19. 2019 was the last time that ~ , i that. So my main concern s two-fold. No. 1, do we have sufficient right-of-ay <Dr the expansion and improvements to the intersection of I okalee and Randall Boulevard? MR. BO : ·a Ms. Scott could speak to that more intelligent ~' bu Just from my conversations with her, she has indicated t at -e do have all of the necessary right-of-way. OM SSIONER McDANIEL: Okay. Is that correct, Ms. got two thumbs up on that. My main concern --and I'd like to ask this, and maybe the applicant as well. If a rezone is consummated here, would you give consideration to prohibitive language within the PUD to allow conversion from commercial to high-density residential? Page 46 March 26, 2024 MR. SAADEH: Yeah. We have no objection to that. If you're referring to Live Local, Commissioner, this predates that by a few years. So we have no intention of doing residential. COMMISSIONER McDANIEL: I understand. You've shared that with me that you have no intention of it, but someday you m i'& t not be here. Somebody would buy this piece of property an ~ MR. SAADEH: I hope to be here for a while. COMMISSIONER McDANIEL: Yeah. Well, we o e you're here for a long time, sir, but I just --I would like --I ,_ ~d like to have--~~ MR. SAADEH: No objection. ~" COMMISSIONER McDANIEL: I woul li e to have that language inserted into the PUD -- MR. SAADEH: I have no objecfo h :J at. COMMISSIONER McDANI>E ~. -just to prohibit that. COMMISSIONER SAUND S. Mr. Chairman, could I get a little clarification? I'm not --0 missioner McDaniel, you're looking for a prohibition \ what -- COMMISSIONER . ANIEL: Correct, prohibitive language. ; COMMISS ER SAUNDERS: And I'm wondering if that would have t e mo r e of a deed restriction as opposed to a PUD item. IONER McDANIEL: Either way, however it can be acco ml'J . sh , whether it be a deed restriction -- ;(j MISSIONER SAUNDERS: A deed restriction's hard to ch ,,e. A PUD is relatively easy to change. MR. TEACH: Commissioners, I'm going to ask Heidi Ashton to come up here. She provides counsel to the Planning Commission and has a couple decades of experience with growth management to address how we could accomplish what you're addressing right now. Page 47 March 26, 2024 MS. ASHTON-CICKO: Good morning. I'm Heidi Ashton, Managing Assistant County Attorney, Horseshoe office. There are two options. You could do a deed restriction in favor of the county, but I think that you would probably want something to allow the Board to make a change in the future because 30, 50 ye s down the road, there might be different needs in that area, or @ could put a prohibition in the PUD. I think either way woufd eally work. I just would like clarification on what you mean "high-density residential." CHAIRMAN HALL: Do you want to answ -t question? COMMISSIONER McDANIEL: Well, e igh density would be comparative --comparative use for the 6:ti>nversion that's by right for the Live Local Act. And so --an • ---can do both. I'd be happy with both. I want --I woul ftke to have as much prohibition on the conversion to high densit~ • . possible. So if we can --and if Commissioner Saunders ag e€ I originally suggested a deed restriction, because that's t.lR)~e prohibitive and considerably harder to overturn. But someone --my discussions --I think we discussed yesterday about language specifically in the PUD. So either way is fine. COMMi g&I ONER SAUNDERS: Well, let me throw something out. Ihis is a question for the County Attorney. We can pass an ordiH a ce that says X, which is what the PUD would be, just a si e ordinance. But the Live Local Act, I think, trumps our o mn o~s and our land use and our zoning. So my gut feeling is we can sw in the PUD you can't do X, but that's not going to prohibit someone from complying with Live Local. That trumps -- COMMISSIONER McDANIEL: I just used that as an example. COMMISSIONER SAUNDERS: Oh, no. It's a good Page 48 March 26, 2024 example. But I'm saying --that's why I was thinking a deed restriction, because I agree, I wouldn't want to see 350 units --apartment units there. COMMISSIONER McDANIEL: Right. So deed restriction's fine. And if the applicant will sit still for a deed restriction in t a regard, then --and do we have to have specific density or laniu gt1 with regard to high density? ~ MS. ASHTON-CICKO: I can work that out with t e applicant as to the number. But I guess you're probably looki :g a 16 units an acre or over, which is the conversion that's allowe , elieve, in the GMP currently. COMMISSIONER McDANIEL: If we c n eep away from a specific trigger that would allow the conv ion at all just not to be converted to high-density residentia --• t , wanted to tear down the buildings and build three houses an hat was conducive, that's something that could be given consi 0tation to. I'm just talking about apartments. MS. ASHTON-CIC 6>: , apartment rental? COMMISSIONER . ANIEL: Yes. MS. ASHTON-CI ~KO: Okay. Also, it might give you some comfort that the islature did make a change to the Live Local Act, and that will be effe ij five, unless the Governor signs it earlier, about May 8th. n t e new regulations do tie the eligibility of Live Local to ou , and development regulations. So that would provide som 'utth limitation. But there is a window where -- ~ MISSIONER McDANIEL: There is a window. S. ASHTON-CICKO: --developers can elect to use the old rules. COMMISSIONER McDANIEL: And I'm okay with --I don't want it to be ambiguous, but the applicant's okay with the language of a deed restriction and high density and that prohibition. I'd be Page 49 satisfied with that. MR. MULHERE: May I? COMMISSIONER McDANIEL: Sure. March 26, 2024 MR. MULHERE: I'd be happy to work with Heidi. I think it's something along the lines of residential density above that allowe by the current Estates zoning. Three units is prohibited, and the ~ applicant shall establish a deed restriction in favor of Collier ounty with this limitation. 0 COMMISSIONER SAUNDERS: That would b-e p , feet. MS. ASHTON-CICKO: And you would w 1 ·ming, 30 days of ordinance approval, or what timing w ul l{)r ? MR. MULHERE: How much do you thi you need? You've got to get your attorney to do that. MR. SAADEH: Yeah. I mean, a e -er practical. I mean, we still have to go do the site impF em©-nt work. That's going to be a few months to just run the pipe an aig the pond and all that. So we have time before the swaP, ·,s o cial, so ... MR. MULHERE: o lei Just say maybe a little more time, maybe 90 days. MS. ASHTON-CI GKO: Ninety days, okay. COMMISS ER McDANIEL: That's fine. MS. CICKO: We'll put that in. C ~=:---ONER McDANIEL: I'm fine with that. ~N HALL: Commissioner Kowal. SSIONER KOWAL: Well, it kind of answered some o mys g estions with that, Commissioner McDaniel. The other one wa: I , as just trying to do the math, what was left. I knew the 125,000, 80 of that is part of that large number, 125. MR. SAADEH: If it's not, if it may not happen. COMMISSIONER KOWAL: No, I know. I'm just saying, so what is left outside of that particular part that is still developable, I Page 50 March 26, 2024 guess, for these other items, these 30, 40 items that we saw in front of us? MR. MULHERE: Let me just get something that's a little --so looking at the PUD here, if there was a market for self-storage and you consumed the 80,000 square feet, we probably would locate ~ at somewhere in the --in the rear of the property, because the expi e to Immokalee Road, the visibility, would lend itself toward ,. Qfuer uses. That would create a buffer to the residential beca . se 's very low traffic, no noise, no light, no odors, and then any n~ else that might go in would likely be along the frontage. COMMISSIONER KOWAL: Frontage, oka~. MR. MULHERE: And, you know, it's u t a additional 45,000 square feet of neighborhood comme cia -type uses. COMMISSIONER KOWAL: • T a CHAIRMAN HALL: Com is iorer Saunders, go ahead. COMMISSIONER SAUND S. Mr. Mulhere -- MR. MULHERE: Yes. ~ COMMISSIONER ~ j;imRS: --I just noticed that there's another --there's a third ao e s point. MR. MULHERE:;That is in the future. And I think that was --I'm assu ·~ that was requested by staff, but that is a -- MR. SA~ E It was. MR. U I:5 , RE: That is a potential connection --it says "potential e interconnection" --depending on what happens on en arcel. MISSIONER SAUNDERS: Okay. What roadway is MR. MULHERE: There's no roadway there. That's another. Here, let me get to my very bad exhibit of where the wall would go, because I do need to mention that the wall would stop here since this is the parcel where the connection is. So I overextended the wall Page 51 March 26, 2024 inadvertently. But here's where that connection is, Commissioner Saunders, and then further to the west is Wilson. So just --and let me get to something that can show a little bit more. Here's Wilson, and we're talking right here and this parcel right here. COMMISSIONER SAUNDERS: And that's a residential ~ parcel? ~ MR. MULHERE: It is. It's Golden Gate Estates zoned. COMMISSIONER SAUNDERS: So the expectafon or having that is that would become commercial as well s tpere would be commercials between the two -- MR. MULHERE: In the event --I thin staf -a ted it, in the event it did go commercial, to have an intercon ecti n, which would be of a beneficial traffic design. COMMISSIONER SAUNDE that's part of the concern. MR. MULHERE: We don't w what somebody else might do. COMMISSIONER ~ No, I understand, but that's part of my concern that I'v ad is --and the speaker that was opposed to this said thi , . ou approve this here, and then the next lot becomes co , ercial as well, and you've got on your diagram a connection th , anti i'pates that, and that concerns me. MS. SCO : If I may, Trinity Scott, Transportation Manageme , Services Department head. 81r w. asked for this because this is your only opportunity to ha e thi s a potential interconnection. So that parcel adjacent could get redeveloped --or it could be developed in the future. I don' know what it would be. But even if it's a residential home, they may want to partake in what is occurring, whether it's a restaurant or whatever, and they would also have that --be able to have that interconnection where they could go. They could gate it in Page 52 March 26, 2024 the future and be able to come back and never have to get on Immokalee Road so --depending on how it may develop . We're not forcing the interconnection today, but this is your only opportunity to have an interconnection on this parcel. COMMISSIONER SAUNDERS: I'm not so sure I would agree with that. . '\~ MS. SCOTT: They would have to come back for an¥~ amendment in the future which, I can tell you from my e ience here, is very difficult to say --if this parcel was com -f jij built out, I have no hammer to require someone to come bac.,.._ .. ,,.,,~~ .... .,,o amend that PUD. So we put this as a potential. If the amj ace t compatible in the future, we would not exercis eyt at. But not knowing what the future is --holds, we try o do that --Immokalee Road is one of our most important roa ™ eing able to have interconnections. Minimizing dr ~e· a cuts is very important to us to maintain the capacity of that roa:d ·y. COMMISSIONER SA .-=-.----sc, .. --:-'RS: All right. CHAIRMAN HALL. n \ understand that, but it doesn't just --it doesn't guarantee co mercial crawl. It's just a big "what if" ; MS. SCOT : If does not. It just allows you to have a seat at the table shou something occur at that adjacent parcel. CHAI ~ HALL: Thanks, Ms. Scott. Commi sioner McDaniel. 0 , lSSIONER McDANIEL: Yeah. And just this one po ·u , as ar as the traffic generation goes, Commissioner Saunders , yo ,entioned that earlier on. I actually --I perceive this as more of a co Hector for local traffic and services for the --for the immediate community as opposed to a drawer, a draw of traffic, so ... CHAIRMAN HALL: Do you want to make a motion? COMMISSIONER McDANIEL: And with that --as long as Page 53 March 26, 2024 we're okay, County Attorney, with the language on the deed restriction/PUD, I'll make a motion for approval with that --with that adjustment. COMMISSIONER KOWAL: I'll second it. CHAIRMAN HALL: All right. We've got a motion by ~ Commissioner McDaniel, second by Commissioner LoCastr~ 1 in favor, with the adjusted language, say aye. COMMISSIONER McDANIEL: Aye. ,t 0 COMMISSIONER LoCASTRO: Aye. ~ ~ CHAIRMAN HALL: Aye. ~ ~ COMMISSIONER SAUNDERS: Aye.~~ COMMISSIONER KOWAL: Aye. ► , CHAIRMAN HALL: All opposed?(',_ (No response.) • ~ CHAIRMAN HALL: Moti0 ~ es. MR. SAADEH: Thank you, ge lemen. Have a good day. CHAIRMAN HALL: Co reporter break. MS. PATTERSON: ¥€s ir, court reporter break. CHAIRMAN HALL: ood. It's 10:37. Let's come back at 10:45. ; (A brief rece1 was had from 10:37 a.m. to 10:45 a.m.) MS. PA R e>N: Chair, you have a live mic. CHAI ~ HALL: All right. That brings us to? OffiQ ANCE 2024-16: A REZONING ORDINANCE FO GENESIS CPUD TO ALLOW UP TO 65,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES ON 10.51± ACRES OF PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD Page 54 March 26, 2024 AND I-75, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20220004304) (DISTRICT 2) -MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - ADOPTED MS. PATTERSON: That brings us to Item 9.C. This. ~ requires that commission members provide ex parte dis0: os e, and all participants are required to be sworn in. This is a recommendation to approve a rezon • g clinance for Genesis CPUD to allow up to 65,000 square fi et o ~ ross floor area of commercial uses on 10.51 plus/minus acres f property located in the northwest quadrant of the intersection Pine Ridge Road and I-75 in Section 7, Township 49 Sout , , a e ~6 East, Collier County, Flo~id_a. . ~ Comm1ss1oners, start with ex :p,a ·e. CHAIRMAN HALL: I ·Y meetings and e-mails on 9.C. Commissioner Kow L COMMISSIONER AL: I'll try this again. 9.C, I have meetings and e-mails. ; CHAIRM ALL: Commissioner Locastro. COMMIESIO NER LoCASTRO: I have e-mails on 9.C. CHA ~ HALL: Commissioner Saunders. COM IONER SAUNDERS: So we're finally on 9.C? H IA.1 AN HALL: Yes. PATTERSON: Yes. OMMISSIONER SAUNDERS: I've got some e-mails and mee 1ngs. CHAIRMAN HALL: E-mails and meetings . And Commissioner McDaniel. COMMISSIONER McDANIEL: And then I have as well, 9.C, Page 55 March 26, 2024 meetings. MS. PATTERSON: All right. We need all participants to stand up and sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and not • ng ~~~? ~ (The speakers were duly sworn and indicated in the affi m'l.ative.) COMMISSIONER McDANIEL: I want the recor lo eflect that Garrett put his hand over his heart; didn't raise h • ~d. CHAIRMAN HALL: He was pledging. COMMISSIONER KOWAL: Pledge o:f alle sweanng. MS. PATTERSON: Mr. Yovanovi o . MR. YOVANOVICH: Than yo ,. For the record, Rich Y ovano • cB on ehalf of the applicant. Commissioner LoCastro, just to • ave you update your disclosures, you and I did -- COMMISSIONER 0 S,TRO: Yeah , as you walked up to the podium, I was like II e , we did speak yesterday. 11 So I actually had one meeting on 9. C bnef. MR. YOV R ovICH: This project, as in your packet and as we met one-a -Qne , ·,s for a car dealership on property within an activity center. e would have been on the summary agenda because the · . as no neighborhood opposition. Staff was reco en ng approval, and we had a unanimous approval from t t? --f\e e,mmendation of approval from the Planning Commission. ou did receive a letter of objection from Mr. Beyrent, who is opposed to an access agreement that was entered into by all of the property owners which would allow this parcel to construct a frontage road across this parcel and then ultimately connect up to Kramer Drive. My client also owns this parcel. The only parcel he Page 56 March 26, 2024 doesn't own is this one in the middle. There is a settlement agreement and a cross-access agreement signed by the property that Mr. Beyrent is claiming he has an ownership interest in and is now opposed to the project. I could go into a much greater detailed presentation; howev since we would have been on the summary agenda, if the Boar prefers, we can just have Mr. Beyrent come up and raise wh t N"er issues he wants to raise, and I can discuss those issues, o c n do a full presentation. It's at the pleasure of the Planning o mission --I mean, the Board of County Commissioners. CHAIRMAN HALL: Let's hear the obj ctio MR. MILLER: Mr. Beyrent, yeah, do yo ant to come up? MR. BEYRENT: For the record, rig now, that isn't the process, okay. I want --• MR. MILLER: You need to come on microphone, sir. MR. BEYRENT: For the re 0orGI', Garrett F.X. Beyrent, okay. I own the property adjace , t Mr. Zeller, okay. That property is one of six tracts that I ~ ci: minal charges against my own in-laws for something the d"d many years ago, and until the death of my brother-in-law, when I was handed Zeller's package two weeks ago, which I ga~ to the County Manager --and if you look at Page 35, that'slW e I realized they were chopping more and more off of my little •. ce of property. And I ,nI had five acres. And like an idiot, I admitted that I did a i i of , thing. I actually talked to Kathleen Passidomo about us: g ...,.,..,..,, ... _~roperty under her new "live where you work" concept wn eoy that 5-acre tract would have two six-story buildings on it. The problem is --and I'm looking right at Burt Saunders because years ago when Burt was a state representative, he had problems with all of these easements out in Golden Gate Estates, and using his left or right hand, he magically vacated all the easements through a Page 57 March 26, 2024 process that Jeff Klatzkow told me was not actually legal. So I said, I've got peripheral --I know it's a long time ago, Burt. And if I got to do the actual presentation I did on this in 1987 --I brought in Dudley Goodlette, everybody --four of the five commissioners were indicted for bribery. Do you remember tha Only one commissioner was not taking bribes , okay? ~ COMMISSIONER SAUNDERS: Just for the record, as not on the Commission when they were indicted for bribery MR. BEYRENT: I know. That's why I said x 0 ~ren't -- COMMISSIONER SAUNDERS: So just -- MR. BEYRENT: No, no, no, he wasn't. It ;e s --three minutes. How can you explain --1987, it was so ridiculous that I got --when --Dudley Goodlette was my clt omey and Hess was my end-user for a gas station, I got up ri t e e nd got on my knees and begged for my gas station, be e u 'ob Hard told me, "Hey, if you want to do this, you're going t e to take care of those guys." I said, "Well, how about • ' • 'St beg?" And he walked out the door, and they gave him a a s ation --actually, they gave him several gas stations on Im o alee Road on his property, so --and God bless the man. I'm sure he's in heaven in Australia somewhere. But in any e, getting back to the Zeller thing, if you look at the Page 35 t 41' gcV e to the County Manager, it will show that I've already had a 13 hunk taken out of my property by proposed off-ram ne.@' . of the county. ~n I w as enlightened even more when I just met --right here. I'~ g t (jJ • lan. If I had this thing lit up, it might save a lot of tro be. But I was never notified legally of any of this stuff. But this plan shows 1-75 , okay. This is what they call a plan for a diverging diamond design. I had never heard of this. This is a plan that was used in Sarasota where they have two more roads creating a diamond Page 58 March 26, 2024 right across the interstate. And I'll show it to you when they get up and do it. I want to see what their presentation is so I can not object to his plan. There's problems that have to do with traffic. And I'm just as guilty. Actually, I am more guilty than anybody else relative to condominiums and cars. Twenty-six thousand cars are on the outside of this building because of projects that I proposed an developed on different family levels, so that's it. 0 Now, I'd like to hear what Mr. Zeller's attorney,~ is not my attorney now, but periodically he pops in and out of: e esenting different people on the same or similar project . et very confusing, you know, when you don't know w , o is suing you, okay. is? That's it. That's the whole nine yard . Any questions? CHAIRMAN HALL: No tha Mr. Yovanovich, could you j MR. YOVANOVICH: e I think what Mr. Beyrent was talking about, in the old Ght l en Gate Estate days, they had bisecting and perimeter easements, • ch is where this arrow is. This would be the bisecting easement tliat would have brought traffic across all of these parcels, oo nect with Kramer, and then, ultimately, get you to the traffic s,iinal. What we . e is we have a cross-access easement across --this would be M,. eyrent's parcel, here's the easement we agreed to, and u-=.r.,.--cel, I'm sorry, that my client also owns, and then u im e ~ to connect to the existing Kramer Drive to get to Pine Ri oad. That's --the purpose of the settlement agreement was to eliminate this bisecting easement on the parcel that Mr. Beyrent's claiming he somehow has an ownership interest. All I know is the owner of this parcel signed a cross-access Page 59 March 26, 2024 easement for access to be moved to the south of the property, and then the south of this property so that you have probably a better development pad under the scenario for Mr. Beyrent's family's parcel, or whoever owns that parcel. MR. BEYRENT: Oh , okay. Whoever owns the parcel. love that when he doesn't tell you who signed a document on property. I would like to know that, because I have no idea. MR.YOVANOVICH: I will --I will tell you who sig ed the document-- MR. BEYRENT: Okay, good. MR. YOVANOVICH: --because I hav Give me two seconds to wake up my iPad. CHAIRMAN HALL: While he's lo ing , Commissioner McDaniel. • COMMISSIONER McDANm~. ell, that was going to be my question is to who effectuated he ocument in the first place. Is there a --is there --and maybe • ' ~ question of staff. Is there a valid cross-easement agr~ nt in place? MR. YOV ANOVIC N· The answer is yes, there is. I provided it to staff. It was ~gne by Teryl H. --. MR. BEY~~~~ T: Teryl H., that's my ex-wife. We own the property -- MR OVICH: --Brzeski -- RENT: --together, okay? MD . Y V ANOVICH: --as trustee of the land trust that owns t pF p rty. So, yes, and it's been provided to county staff. R. BEYRENT: See, there it is, that old law. It's a trust whereby, in my divorce, we got the property 50/50, okay. Now, whatever she was signing to, I don't even know because I'm never informed of anything. And the blueprints I got that were handed to me that I gave to Amy, this 35 pages --when my daughter handed me Page 60 March 26, 2024 the blueprint, she said, "Sam is dead." Now, Sam was also her parrot. I said, "Your parrot's dead?" "No, your brother-in-law's dead." That's --Samuel Hubschman died two weeks ago. It wasn't in the newspaper. He was the president of our company, and I sued him two weeks before, ~ basically, under the new criminal fraud relative to trust ✓ '\ ~ manipulations. ~ They would sell properties when they needed it to t --like in your giant cement problem at the comer of Santa Bar r Boulevard, which next week I'm filing a suit again ::t brother-in-law for $32 million that was misap r:o r· a ed from other PUDs. I had six of them altogether that I crea ed. So this is --what we're walking into rs a sn it storm of, like, easements. And the biggest problem --,..,..,.,..,",...., ling you something --is the traffic, okay. ~~ lien you think you can build something, if you don't build it --g t this approved in 1987. I've been battling with all the neig , . who are figuring, "Hey, give me a million dollars. I'll let 'I' g 0 hrough the middle of what is legally or not an easement." But in any case, this is --this is --the whole idea of this diverging triang -and I'm looking at it. I'd love to put it on the scope , becaus : whe ike Bosi says, "This is what it looks like" --an -, bas·cally, Jaime Cook said exactly the same thing. They Fe a line across Pine Ridge Road across the ramps of both ,t e o -and southbound I-7 5 and came back out again. I'm lo icr g tit. I said, "Wow, it looks like spaghetti." But it's not --I don't know if it's elevated. I don't believe it is. But I'd really like to see an explanation of what is the plan, the long-range plan that's going to occur there relative to 1-75. They've already taken about --somewhere around $3 million worth of my property just in additional off-ramp designs. But it's Page 61 March 26, 2024 now askewed by the fact that my property's going to be in litigation for I have no idea how long. I just started this thing under the new law where it actually is a criminal offense for you to manipulate a trust for your own financial benefit even if it's long-range. And right now, as of this today, I learned that all the cemen that's been crunched up on Santa Barbara and Davis that my ~ ex-brother-in-law is attempting to charge it to the dead BoblS:-, Cadenhead sons --they were supposed to be paying for I t at crunching up that Burt wanted, which was a great ide . ~nd most of that cement out there is just old buildings from do t , n Naples or stuff that was illegally hauled out of Bonita, o in Bonita. Thank you. CHAIRMAN HALL: Mr. Beyrent.(', _ MR. BEYRENT: Yes. • ~ CHAIRMAN HALL: We'r ·n o focus here on this Genesis -- MR. BEYRENT: That's a great idea. Go right ahead. I'll just sit there , and I'll get up an s e ~ wherever you're all done showing me what I already know, o y? CHAIRMAN HAl&L: Commissioner McDaniel. MR. BEY~~-~,._,T: Thank you. COMMI ~IO NER McDANIEL: Well, I had a question for Garrett. NT: Thank you. SIONER McDANIEL: Look at the map that's up t t?re ~he wall. You understand that this cross-access easement is no t • old easement that Commissioner Saunders waived both hands and made go away a long time ago? MR. BEYRENT: That little -- COMMISSIONER McDANIEL: But you know that that easement, that -- Page 62 MR. BEYRENT: That arrow is. COMMISSIONER McDANIEL: Garrett? March 26, 2024 MR. MILLER: Garrett? Garret? We can only have one talking at a time. MR. BEYRENT: Oh, I'm sorry. COMMISSIONER McDANIEL: Garrett? MR. BEYRENT: Yes. COMMISSIONER McDANIEL: MR. BEYRENT: Gotcha. Sorry, Terri. ~ Look at me. Garre~~ 0 Right here. 0 f . COMMISSIONER McDANIEL: The easeme t t at goes across whoever --whether you own it or the t st or whoever owns it, that easement's not being utilized, and the is --who changed the screen? • MR. YOVANOVICH: I'm ·o{~. was going to show you the actual master plan to show you it's o e. COMMISSIONER McD I L: I was making a point -- MR. YOVANOVICH : J go back. Sorry. COMMISSIONER . ANIEL: Thank you. Right there --that the ori inal easements that bisected all of the Golden Gate Estates lots, arrett, went away a long time ago. MR. BEYRE : Well , you might want to talk to Jeff Klatzkow abou that because -- COM IONER McDANIEL: I have. And somebody o e ,ne has executed a valid cross-access agreement where e the arrow shows proposed access now. And my untie , anding is the improvements for the diverging diamond at Pine Ridge Road will not require any additional right-of-way from these --from these pieces, so -- MR. BEYRENT: That would great, but that isn't what I'm hearing. That's one of possible proposals. There's supposed to be Page 63 March 26, 2024 another three northbound lanes at Pine Ridge Road heading north on Pine Ridge Road. So I don't know where they're going to get the stuff from other than they've been taking chunks out of me. They've already taken and not built anything on the first two takings, which you will see on the bigger blueprint that Mr. Yovanovich has go~ ~. ~ COMMISSIONER McDANIEL: We're done. We're u\ne ~c, with that. MR. BEYRENT: Okay. CHAIRMAN HALL: Pine Ridge can only JO COMMISSIONER McDANIEL: Corre t. st and west. MR. BEYRENT: Correct. Till you see li se two spaghetti things. I'll show you when I get over to tl1 otner side, the dark side. Wooo. • MR. YOVANOVICH: I don tr ally know if I'm supposed to talk yet or not. CHAIRMAN HALL: G0 !wad. Go ahead, Mr. Yovanovich. COMMISSIONER , ~ ~-: We're going to talk about this slide there. MR. YOV ANOVIJ H: Okay. This is --this is the actual PUD master plan that : ows you that the access is along the southern perimeter oft e boun"dary. The litigation that was settled was actually litigatl over our using the bisecting easement so --because we had no er way to go until we entered into this settlement e t. o it's been settled. 3/. Is that the one that --the new easement? S. ASHTON-CICKO: Yeah. MR. YOV ANO VI CH: Heidi just pointed out to me, although I probably still can't read it, the easement is recorded in OR Book 6333, Page 3491, of the Official Records. The settlement cross-access easement is in place. Page 64 March 26, 2024 MR. BEYRENT: What was the date on it? MR. YOVANOVICH: It was actually executed by Ms. Brzeski on February 12th, 2024. MR. BEYRENT: All right. See that? Just a few months ago, right? That's what I --people do stuff, and I don't look at what 'K recorded because I don't get any mail relative to my own propei>Mes . My trustees are my biggest enemy. That's true. I mean, it-'-s d but ~. 0 CHAIRMAN HALL: The way I look at that, t ,-'s , oing to be a civil matter between you --~ .. MR. BEYRENT: Yes, thank you. It is ~ei ~ MR. YOVANOVICH: So with that, we'Ee requesting that the Board of County Commissioners approve r requested rezone of the property consistent with staffs recom . encl ti n of approval and the Planning Commission's recommen at4o of approval. CHAIRMAN HALL: Com issi oner Saunders. COMMISSIONER SA .-=-.----sc, .. --:-'RS: Thank you. And, actually, I was . to comment that we can't really ferret out these legal issues. Tn t'. for a higher authority to deal with. And I know Mr. B yrent is utilizing the courts. But I just a ted to make sure --and maybe Trinity can just --you do 1 t nee ij to come up here. Just --maybe if you'll just let me know b sa iug --you know, raising your hand that in terms of the divergin,, ntamond, all that intersection improvement that's going to be...g o n here, you have enough room, and this doesn't really 1 rfer ith all of that. S. SCOTT: (Nods head.) COMMISSIONER SAUNDERS: Okay. So I just wanted to make sure that that was clear. And, Mr. Beyrent, you're in court, so I think that's where you're going to have to ferret these issues. Page 65 March 26, 2024 MR. BEYRENT: Well, I actually wanted to see what a divergent diamond looks like, and Trinity's crew told me --Mike Bosi said, "You've got to go up to Sarasota." There's one, and that's the only one they're familiar with where it has a -- COMMISSIONER SAUNDERS: They're building one in rt Myers . ~ MR. BEYRENT: --diverging diamond design. I ha ; ver even heard of these. I'm used to them taking the front o m e, because there's more people coming off the interstate n t there that are coming onto Pine Ridge Road off on the inters a . And as we know, they're coming down, and that's the roa the e off of. Usually it was Immokalee Road, which got a foi t e expansion there. But now it's just --they're cutting 1 tle pieces off us as they --as they improve or add more.tra 1~c blems to Collier County. That's basically it. ~ CHAIRMAN HALL: Mr. B eyi :nt, I can suggest Google Maps will be a friend to you. MR. BEYRENT: -o I al \ eady did that. I never heard of this --I wasn't looking for o ething I didn't know. Google's great, but when you don't kno , w at --a divergent design plan, I'm saying, "What is that?" ( ' like it to get off the interstate or get on the interstate? n w ffi does it --the plan I'll show you --and if I light it up over there, that was just given to me --I always go to Mike Bosi because M i~-lcri ows stuff that nobody else knows. He's got --he's very e l e cated in everything, specifically related now to this d. , erge ~ design plan, and he actually --Jaime Cook drew a little plan. want to show it to you, because I'm there like, "Wow, how did t ey do that without elevating one of the lanes?" So we'll --when I get up to complain later --when I go sit down and I come up as the process goes, they show the plan, and then we get up and object, when we see something --like I didn't know the Page 66 March 26, 2024 building was as big as a Walmart. I said, "Whoa. That's a little piece of land for a W almart." And then the people on the north end, that's Livingston Woods Lane. I thought, man, they would be here complaining about everything like normally people do, right? I've been spending m life like that. ~ But in any case, I'll go sit down, and when I get up, I'll sh\)w you this plan that was drawn about an hour ago. Thank you 0 COMMISSIONER McDANIEL: There's no m e getting up. CHAIRMAN HALL: Commissioner McDa i . COMMISSIONER McDANIEL: I'm gG>·ng t..,, ...... iii....,i~e a motion for approval. CHAIRMAN HALL: I'm going to S'e~on All in favor, say aye. • ~ COMMISSIONER McDANm~. ✓·ye. COMMISSIONER LoCAST 0. Aye. CHAIRMAN HALL: ~ COMMISSIONER ~.~.,.._----~-,...., Aye. COMMISSIONER AL: Aye. CHAIRMAN HAI&L: All opposed? (No respon . MR. YO N V ICH: Thank you. MR. BE 'RENT: Thank you. O~ ANCE 2024-17: AN ORDINANCE AMENDING 0 • !NANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM. (ALL DISTRICTS) - MOTION TO INCORPORATE THE LANGUAGE THAT AMENDS SECTION 4 BY COMMISSIONER SAUNDERS; Page 67 March 26, 2024 SECONDED BY COMMISSIONER MCDANIEL -APPROVED ; MOTION TO INCORPORATE THE LANGUAGE PRESENTED THAT AMENDS SECTION 6 BY COMMISSIONER SAUNDERS; MOTION FAILED FOR LACK OF A SECOND; MOTION TO INCORPORATE SECTION 6 UPDATED LANGUAGE BY ~ COMMISSIONER HALL; SECONDED BY COMMISSION MCDANIEL -APPROVED ; MOTION TO APPROVED ORDINANCE AS AMENDED BY COMMISSIONER 0 MCDANIEL; SECONDED BY COMMISSIONER S1\~DERS - ADOPTED MS. PATTERSON: Commissioners, tha 1ngs us to Item 9.D. This is a recommendation to adopt an ord: ance amending Ordinance No. 2002-63, which established the S:o see a ?i on Collier program. Mr. Jamie French, your depa men nead from Community Development/Growth Manageme t, 1 1 begin the presentation. MR. FRENCH: Good Fiung, Commissioners. For the record, I'm Jamie Frenc Commissioners, this i e is being brought back to you by your direction with all of the hanges that have been provided. They've been provided to ou in your packages. I know you've received some addition e-nToi ls. Commiss1 ner Kowal, one of the things that you had asked us to do was er . s etter define our waiting criteria because we were so crun eM o -ime with the resolution --I'm sorry --with the o t in Oft to meet that advertising deadline that was directed by the Bo . We'll be bringing that back to you by resolution. Currently, there is a current staff process, but the waiting --we're going to try to simplify the waiting so that --where it's maybe an A-, B-, C-, or D-type waiting so then the Board can actually reflect that. Page 68 March 26, 2024 And we're available for any questions. Ms. Cook is here. I think Mr. Finn is also here to talk about any of the budget criteria that you may have. CHAIRMAN HALL: So there's no other changes other than what we talked about the other day? ~ MR. FRENCH: It's exactly what you --what you aske fur CHAIRMAN HALL: I'll make a motion to approve. COMMISSIONER McDANIEL: Well, we've got p b li e comment. ~ CHAIRMAN HALL: Okay. MR. MILLER: Sorry, sir. I was late o the ntt n. We have three registered speakers for this • tern. Your first speaker is Brad Cornell. He will be follo w ed o y Gordon Brumwell. Oh, Brad, give me just a minute. ' e your thing ready; I'm sorry. ~ MR. CORNELL: Great. G~o morning, Commissioners. Brad Cornell on behalf of Audi o Western Everglades and Audubon Florida. Tha~o or the opportunity to address you about the ordinance. Let's see. There w e go. So Audubo ully supports the several ordinance revisions you discussed at x4 ]I ch 12th meeting which accelerate land acquisition . ~ .r discussion then was very constructive. We, however, d0 ave a small but important refinement to the single po lie.-o d~v ersion of program funds. And I'll just note that as you lo irat t e text we're going to show you, the Audubon -,_-.-4""·--endations are in red. Audubon recommends better defining emergencies as those officially declared by local , state, and federal authorities. Also, it would be best to define the replacement time frame as "promptly" in order to assure program obligations, especially land management, are Page 69 March 26, 2024 met. And so the way we would recommend the last paragraph of this introductory Section 6 is, "At the direction of the Board, funds may be transferred between the two funds. In the event of an emergency as determined by local, state, or federal official declarations, fun o may be withdrawn provided all such diverted funds shall be r 1 promptly to assure program obligations, including land man gement, are met." 0 We also believe it's especially important to replac }le $3 8 million that you plan to divert from the Mana , t Trust Fund this Fiscal Year '24 to assure long-term manag~me capability from the interest generated. Best would be not to d eft t at money at all. But should that happen this fiscal year, tha w ould be very important to get those management funds back. Audubon also recommends r , iisi n he conservation easement text. And so this is in Section 8, o . , any easements purchased should be permanent and consi ent with Conservation Collier criteria and objectives . You sho ntc o require agriculture or a single-family development on such ease nts --of course, that can be components of negotiation --b t not eeded on every --or required for every easement. Also, o die TJ)}R credits, you should allow credits to be retained £ fu lit -use rather than entitling development immediately, which is the a it's currently worded. 8 0 © ·.atone paragraph, 4A, it would read, "The property will re 1n se development rights as negotiated by the parties and ass r· g a permanent conservation benefit consistent with Conservation Collier program criteria and objectives." So we believe that's what you want out of a conservation easement that you would purchase, and that would be the best use of public funds in buying a conservation easement. Page 70 March 26, 2024 So that's all the recommendations we have. We recommend you make those changes and move the changes you had directed back on March 12th. We believe those are strong for accelerating the program, land acquisition, and making this more efficient. Thank you very much for that constructive discussion, and happy to answer any questions you may have on these recom e changes. CHAIRMAN HALL: Commissioner McDaniel. 0 COMMISSIONER McDANIEL: If you would g0 t,ack two --three slides to the language with regard to t -e e laration of emergency, I just want to re --that's the first that ' a tually gotten to have a look at this. Okay. That's under Section 6, gotcha. MR. CORNELL: Yeah. Rig t p of Section 6. COMMISSIONER McDANm~. ank you. And I thank you, Brad, for x o:ur ecommendations and assistance with this. It's just be huge. MR. CORNELL: oa ' e elcome. CHAIRMAN HALL: ommissioner Saunders. COMMISSIONE SAUNDERS: Thank you, Mr. Chairman. The enviro ental folks that have been very familiar with this program ove -sinc,e" its inception have asked for what I would summariz as .e different changes. And I'd like to make a motion to have the nguage --as recommended by Brad Cornell in those three e evtio 'S, the emergency declaration, the easement language , a e R credit language, I'd like to make a motion that we inco w orate that language in this --in this ordinance. COMMISSIONER McDANIEL: Mr. Chair, we're in the middle of public speaking. Brad was our first speaker. I think there's a total of three. COMMISSIONER SAUNDERS: Well, I'll withdraw that Page 71 motion until we get --I'm sorry. You're right. COMMISSIONER McDANIEL: Okay. MR. CORNELL: Thank you very much. March 26, 2024 MR. MILLER: Your next public speaker is Gordon Brumwell. He'll be followed on Zoom by Gaylene Vasaturo. ' MR. BRUMWELL: Hi. Gordon Brumwell, Ph.D. in~hl from District 4. Thanks for hearing us today. Our vision on your web page is to be the best com America in which to live , work, and play. Two weeks ago, it became clear we, the peo green space is necessary to be a great place. Early Conservation Collier votes, Parks a Ree's 2018 survey, 2020's East Naples Community Develop~"'·..,.,.t Plan, the Conservation Collier vote in '20, and the recent co . fun i . urvey showing prioritization of the environment h v-i roughly doubled in five years, green space is key. So let's assess how we're d ing . On the left, in the black border, the green dots w·tJ1-i n are about an acre each only . There's a preserve to the St) heast, and maybe I missed one or two. I'm an amateur ma per. But compared to the many green dots outside that borde the border outlines a 30,000-plus-acre green space desert. ec R any people outside on the desert can walk to multiple SH0ts. Well, w do we compare to elsewhere? On the right, we see our se rtt ould not fit anywhere over greater Chicago without e e o p <JS-sing many small, medium, and large preserves or gre nw ays that literally stretch for miles. Next, please. Consider Monroe County and the Poconos. You know, a vacay-oriented place like us, conserved space green all over the place, and many trails and greenways and more planned. Even other Page 72 March 26, 2024 Floridians are doing it. Next, please. This part of the Town of Malabar shows sanctuaries, green, integrated with residential, and they have separated paths. Conservation Collier can help us be a great place. So it is gi:eat, the process has been sped and easements can play a role, but € :e d available deep reserves for unexpected conservation opportlfn • ies. So please align the definition of an emergency with coun , tate, or federal definitions so the funds are available for conset ~on the vast majority of the time but also for emergencies but a4 a -o promptly restored. Please adjust the easement language so ea ements meet strict conservation goals and will be as perman~n as and bought outright. Finally, please restore any monie re , 3/ borrowed because we are behind relative to the equitabl spac public land purchases that could make Collier County a grea lace to live. Thank you. MR. MILLER: Y ou-F £7x and final speaker joins us on Zoom, Gaylene Vasaturo. Gaylene, you hould be getting prompted to unmute yourself at this point, if yo 'l do so at this time, Gaylene. There you --well, Gaylene is no unm ting. MS. \!AS~ .URO: There I am. CHA ~N HALL: There she is. Thank you, Gaylene. ~e Lree minutes. V ASATURO: Thank you. Thank you. I don't need thr €. inutes, just a brief comment, and it concerns the language that Bra Cornell addressed, the language that was added to the Section 6 concerning diversion of funds from the Conservation Collier. The revised language that appeared in the draft for today didn't provide some qualifiers on the diversion, but we were still --we are Page 73 March 26, 2024 still very concerned about that language because it didn't --it allowed for a lot of leeway. I mean, in three separate referendums over a period of 18 years, voters in Collier County overwhelmingly agreed to set aside their tax dollars for acquiring and preserving natural land, and we --and have trusted you, the Board, to be responsive to this expresse the voters. And I think that the language that Brad Cornell pro or de some additional qualifiers that will help keep it to jus -0 really an extraordinary circumstance if you do go to find that requires you needing those funds. I know one --one of your commissioners a • s id at the last meeting that this was a one-time event an - w en they took the funds out previously less --in 2023 .• And I guess --I think, you kn' , • --that being the case --and it truly should be an extraordina:Q:'.' c ir umstance or an emergency, then I think Mr. Cornell's lan,...._~..,",.... goes towards helping to meet that goal. So that's it. Thank YQU MR. MILLE : That's all of your public speakers on this item. CHAIRM ALL: Commissioner McDaniel. COMMIK&I ONE R McDANIEL: I was going to --I had a comment to Commissioner Saunders' original or previous motion. I have a i ssue with the proposed language in Section 6 with regar 1 th ,f --restrictions on the definition of emergency . The p em i e -the premise when we talked about this at our last meeting all{);w tl for that emergency to be established by this Board of County Commissioners, the premise being that the definition of an emergency wasn't what was up to the eye of the beholder, as a matter of fact. So I'm not in support of the proposed language that was put up there today with regard to Section 6. Page 74 March 26, 2024 I'm okay with 4A with the --I like that language with regard to the easements and the permanency of and so on and the holding of those. That's something that I've always wanted with regard to Conservation Collier, that lands that were, in fact, bought have development rights that could enure on the benefit of the county a d be , then, utilized back in for additional revenues for the Cons ~ Ii n Collier program. I like that language in Section 4A, and I'm assuming staff saw that language and is okay with those c aia ges. MR. FRENCH: Commissioner, we would onlJj .. -.u._.__.,.hat you consider that once the land would come into the p o u·r-:•"0 ...,...,, it's protected by a separate ordinance under the e:x: e12 10 a benefits clause . So we --staff did --we took the Boar s ci irection word for word. And, clearly, the Board sets polic ~, ut that language --we believe that that land would already .be I , c 1ed under the exceptional benefits clause. ~ COMMISSIONER McDANIE~. So we wouldn't need additional language with rega , o the permanency and the development rights bein -l_j i g transferable? MR. FRENCH: Tra er of development rights, as indicated at your last meeting b yo r zoning director, Mr. Bosi, we're going to have to go back ~ ough our Growth Management Plan and adjust that so that th -so t hat we could, basically, speak with the state to make sure that .• county can participate in that. Currently, the county doe , nor participate in the TD Rs because it is controlled by the p ¥at e , arket , and we monitor and control the issuing of those T~ r ~its. OMMISSIONER McDANIEL: I understand. MR. FRENCH: So, yes, sir, that --that needs to come back anyway, and that's our intention is to bring that back. COMMISSIONER McDANIEL: So that language in Section 4A, you're not in favor of seeing that language adjusted? Page 75 March 26, 2024 MR. FRENCH: We believe it may be premature. COMMISSIONER McDANIEL: Well, it certainly is premature if we --if we haven't effectuated an adjustment to the GMP to allow the county to participate. That --and I think we already talked about moving forward with that amendment to be ble to do that, if I'm not mistaken. ~ '?}i MR. FRENCH: Yes, sir. And if --and once that we'~v gotten approval from the state, we would bring this ordinance acK s well, and we would adjust the language accordingly. COMMISSIONER McDANIEL: So the pre -u maybe the state or someone in the --someone i tfi e , o d chain along the way wouldn't be happy with the language t at --that was proposed by Brad today. It could get adj 11sted --rather than doing it twice, leave it as what you submitted t o approval and then make the adjustment once we get t'.hro with the GMP amendment? MR. FRENCH: Yes, sir. respectfully, I believe I recall it correctly, is that that is somet i g hat we discussed at the last Board meeting , and we indicate @ . ~e would be bringing that back once we could make the determ'i tion that we could --we could participate in the TDR edits. COMMISS NER McDANIEL: Sure. Could you --Ms. Patt e so can you pop up that language that --I think --I don't know --o Troy, somebody --on section --not that one --the Section 4A. h at one right there. l mea , adding in the word "permanent," I think that's a good idea -as far as a conservation easement goes. There's com fi ngling here in this section. And, certainly, assuring the permanent conservation consistent with the conservation program, that language, but the only one you're really not comfortable with is the last part or private/public TDR credit repository or -- Page 76 March 26, 2024 MR. FRENCH: Well, we believe that the language may be -- COMMISSIONER McDANIEL: Repository, not respiratory. MR. FRENCH: Thank you, sir. We believe that C covers that, that it's redundant language. COMMISSIONER McDANIEL: Okay. So are you okay with the addition of "permanent" and ~ t addition of the red language in A? MR. FRENCH: I hate to go to it, but the Board se licy, sir. We can --we're fine with it, but -- COMMISSIONER McDANIEL: You say " lro ' I mean, do you find it --~ MR. FRENCH: Yes, sir. We're happy Wwork with it, yes, sir. COMMISSIONER LoCASTRO: Is redundant, though , similar to what you were saying in s.o Q -, .. other sections? MR. FRENCH: In consultin s. Cook, we believe it is, from staffs perspective. Yeah. CHAIRMAN HALL: A , u finished, Commissioner McDaniel? COMMISSIONER -ANIEL: I'm good for now. I want to hear what the rest have o say. CHAIRM , ALL: Commissioner Saunders. COMMi gsIO NER SAUNDERS: Thank you. Redundan € is not a problem. I don't see any issues with being redundant. • s is our Conservation Collier ordinance, and I like the way is ig ens things up. ike what is recommended for 4A, B, and C, the language -or there's no change in B. And so I'd like to see us incorporate that language. I don't understand how that could create a problem with the state at all, and if it --you know, I just don't understand that. So I'd like to see us incorporate that. Page 77 March 26, 2024 I'd like to do this in two pieces, because I think there is some agreement here. I'm going to make a motion to incorporate the language that's on the screen right now that was presented by Mr. Brad Cornell, which amends 4 by putting in the word "permanent," amends Section A, and then down at the bottom dea • ng with the receiving lands or a private or public TDR credit rep / 8\. I don't see how that can create any problems for us at tli -at the state level, but I think it tightens up our Conservatio , Co lier ordinance. Ifwe need to come back and change it, w o~n obviously do that. So that's my motion, Mr. Chairman. COMMISSIONER McDANIEL: I'll secend t. I agree with you. And if we have to do an adjustment one we go through the amendment to the GMP, we can adjust th· anguage --if someone at the state tweaks our ability, I agree wit ~ou t , at it doesn't really have an impact. So I'm okay witM tn t. econd. CHAIRMAN HALL: Com issi oner LoCastro. COMMISSIONER LoC ;:fR-0: Yeah. I'm --I was just going to stress that reduna a ' , not always a bad thing. I mean, I don't love it at times beca e then I think it just is --you know, it's not required. But ther 's been so many questions about Conservation Co ~r that I think in this particular case, it's not overdone , you o stressing permanence and a couple of the other words that are <>0Y ered in other ordinances or other documents. You -tJ , I was going to sort of echo what I'm hearing my colle es s, y is that I think it gives clarity and confirmation to the t • ngs t~ people are concerned about. So if we have it in multiple pla e it --it relieves a lot of ambiguity, I think. So I --now I will say if we're --I like that we're voting on these one at a time , because I do have some concerns at Section 6, the emergency definition piece, but I'll wait till we get to that, and I'll light up again if I've got a question. But I would --I would vote for Page 78 March 26, 2024 the motion to pass 4, No. 4, as amended with the red text. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chair. I just have a question for staff or --are you insinuating --because the word "permit" --it was not necessary ~ because does --Subsection C, does that relate to what you we ~ trying to say? Or is that -- MR. FRENCH: Well, you have an exceptional be, efi clause that, even in the event that we were to vacate or there a ;Y a request to vacate an easement for some other benefit, it would -e to meet that exceptional benefit; in other words, showing that t -e as a benefit to the program, to the county, that it would --t at it would be in the best interest of the program, not the appli oa t , to vacate to that property. COMMISSIONER KOWAL. h:a,y . I'd like just to remind my fellow members up here that t , o eeks ago, we did have a problem with redundancy, refe_rn· back to the other slide we kept saying we had the right t o~e it , the right to move it, you know , and I think Mr. Cornell ta e us all into saying it just once in the ordinance. So I think I' 1 remind everybody of that, that we do sometimes have roblem with redundancy, so I'm just saying. COMMIES IO NER LoCASTRO: I think sometimes , though , we also si u n e e for an hour and talk about where a comma should be, and I do « think that's the most efficient use of anybody's time. So , y-0 u~_w, we're talking about one word here , and I think it gives cl , 1 But point well taken. OMMISSIONER KOWAL: I'll remind you that Mr. --well, he's not here anymore, the fine attorney --that a comma is very important. COMMISSIONER LoCASTRO: Right, absolutely. MR. FRENCH: We've taken great care to reduce the number of Page 79 March 26, 2024 unqualified modifiers, I think, is what we referred to it as. COMMISSIONER LoCASTRO: Yeah. COMMISSIONER KOWAL: Yeah. CHAIRMAN HALL: Well, I can count to three. We have a motion and a second. So all in favor of adopting Section 4 as ~ amended in red, say aye. ✓ '\ ~ COMMISSIONER McDANIEL: Aye. ~ COMMISSIONER LoCASTRO: Aye. ,t 0 CHAIRMAN HALL: Aye . ~ ~ COMMISSIONER SAUNDERS: Aye. ~ ~ COMMISSIONER KOWAL: Aye. ~ ~ CHAIRMAN HALL: All opposed? ► , (No response.) Q CHAIRMAN HALL: All rig t. @om issioner Saunders. COMMISSIONER SAUND ~ R8 : t et's jump into the unpopular language. Going back, i ou could put on the screen the language under Section 6, I be ·i Y , you know, we tightened this up. I had made some suggesti , at e last meeting to make this into two sentences so we didn't hav t have any concern about a comma. But we all said that this MT as --the removal of funds was a one-time deal. And wha t ey're asking are for --and I think it makes sense --that t~ e b some official declaration; that can be from us , obviously. And I . inl< the concern that the supporters of Conservation Colli.€ a:Y-1s that if we leave this open where the funds can be re o e once the Commission determines that there's some em ~, • ncy, that unless we tighten that up, almost anything is an emergency. During the budget process last time, last September, the final result was to transfer funds. There was no emergency. There was --obviously, there was a reduction in the millage rate, but there Page 80 March 26, 2024 was no real declaration by the county of an emergency, whether official or unofficial. And so I think that's what the concern is. I'd like to tighten this language up, Mr. Chairman and fellow members of this board, so that we send the message that we took those funds out that one time, and in order to do that again, there' going to have to be a more of an official emergency, not som t , g that just happens at a budget hearing. And so I'm going to make a motion that we includ language because it really --it really ties our hands ht1t a same time doesn't tie our hands too terribly because we a termine some local emergency. We don't need to rel ~ on th ~ sate or federal officials to do it. It says right here that it coul be a local emergency. But it needs to be somethin , think, more official than just simply saying, "If we decide to e . 1 0:v t ose funds, we can do that." I think it sends a real positr e es sage to the community. And I agree with the speakers t at talk about making this really a wonderful community. It is fr nderful community, but we want to keep it that way. An ro "ding more open space is critical , and this language helps us in t t regard. So I'll make that motion, Mr. Chairman. ; CHAIRM , ALL: Commissioner Locastro. COMMi gsIO NER LoCASTRO: I mean, I don't want to split hairs on --~ou w, on wordsmithing this thing to death, but, you know, this ·~ a --this is a local program. And, you know, I sort of cring-€ a Litt bit when I see the words, "state," "federal," "official dee1a a ipm s." I mean, you know, this board, over the last few mo th · , has done, you know, great things to bring stuff to the local leve to give us local authority. I don't think the --you know, that words "the Board of County Commissioners" means we're going to do something haphazard and stupid. And anything we decide to do is going to be filled with a Page 81 March 26, 2024 roomful of people that either agree or disagree. I just think when you have a local document --I think leaving the Board of County Commissioners or adding these red --the red edits is six of one, half a dozen of the other. It's "happy" to "glad," "small dog" to "pu_Rpy." But in a local document here, as a citizen, I'd rather see loca words than, you know, as determined by the state or the f eder declarations. I mean, haven't we been working hard for mt)n:t_ s ere talking about how, you know, we want local control, loc--a d cisions? And I understand what Commissioner Saunders • s s~ing, but I don't think the words "the Board of County Comm\; 10 ers" gives us some sort of, like, irresponsible authority to ju o h tever the heck we want. I mean, I think we're all smart enou emergency is or what's emergent. And, you know, there again, I do , adding --taking that out and putting "local, state, or fed ra " makes this a better document. Maybe it makes it dif eront, but I don't know that it makes it any better. And in a aH way, in my mind, it makes it a little worse because I lik e o al type of words. I don't know if anybody shares my same -v; ew, but that's my initial thought. CHAIRMAN HAl&L: Commissioner McDaniel. COMMISS ER McDANIEL: Yes. I agree with Commissione oCa:Stro. I'm not --I'm not happy with state, local --local, st t.e, federal declarations. I think "the Board of County Co issioners" is sufficient, as was agreed upon the last hen , e --when we developed this language. n ij I --I don't --you know, it wasn't done willy-nilly when the mo e as --the entire premise here was to allow for some discretion with regard to moving the money for necessary --for necessary things. I liked language "as soon as practicable" because I know when --you know, we talk about what we did at our --at last year's Page 82 March 26, 2024 budget hearing. That wasn't done willy-nilly. That was done with a plan. That was done with evidence of ongoing annual bum rate, maintenance expenses, ongoing --the previous three years' acquisitions. It --and I agree with Commissioner LoCastro, it wasn't done willy-nilly, so ... Now, having language with regard to --in here for definin thought the language "as soon as practicable" was sufficien . "Promptly to assure program obligations, including land 0 management, are met," I think that is maybe a better s iption. But I don't have any interest in the local, state, or e a' declaration. I think going ahead and leaving it as was writte: an p oposed by staff with "the Board of County Commissioner , " ~nd then I'd be happy --I'd be okay with "promptly to as . e rogram obligations, including the land management, are .m . ' ' okay with the second part of the red but not the first. ~ COMMISSIONER LoCAST 0. So am I. CHAIRMAN HALL: Com ·ssioner Kowal. COMMISSIONER , ~ ~-: Thank you, Chairman. Yeah, I kind of agree • th some of my colleagues up here that this is a local program.;It's a county program, and, you know, we --I didn't li e word "emergency" to begin with, but I didn't really have am t in 'o add to it or replace it at the time two weeks ago because I W"1£ afraid it would open up a can of worms with, you know, con ecring all these different layers of government to it. ~n li ~ u know, hey, if there's another --the state declares a stare ~m ergency because of a hurricane, of course we're going to de a • it ourself. I mean, it's a no-brainer. You know, I don't need the state to tell me that we're going to have a hurricane. We understand that, and our staff will approach that appropriately, and we will declare our own emergency. But then in the same state, you know, look back a few years ago. Page 83 March 26, 2024 COVID was a state of emergency, so now you've got the Governor claiming COVID is a state of emergency. Does that give us a right to start pillaging our funds through, you know, Conservation Collier? There's no need to do that, you know. So this is more of a local program, and I think it should be controlled locally by your county commissioners. And I do i e the language "as soon as practicable." And --but, yeah, I ca t --I don't like the state or federal declaration. I think this is . lo al decision. It's local taxes. And I think we have the '.bi h'ty to make those determinations if it's an emergency or not a d • ·11s even something that's --you know, do we even wan.:t...to, ~ u know, have the pace [sic] to even do? So ... COMMISSIONER SAUNDERS: l e just said, "as determined by" --"an emergency as. de e ·,ned by local declaration," would that satisfy everybody, just a o t "state or federal"? CHAIRMAN HALL: It's no -,@ing to satisfy me. I'm just going to --I'm going to comme real quick. It's obvious that this a e orth because there are those that had sour grapes about what w ~rd with the money last year, and you can --I've said it b fore ou can have control, or you can have growth, but you a 't have both. It is my intention to grow this Conservatio ~Qllie p program. We t _ ok t a . money because that money was not being utilized. And I was fi ,-e ommissioner who said this was a one-time thing. And w at --you know, we live in a time that your word doesn't mean v e:fY"" u h, but it solidifies me. I took that money last year to start the ooget process so that we could have a beginning to shrink this loca government. We turned around and we funded Conservation Collier. So all of this language, to me, doesn't mean a thing. I'm going to --I'm going to stick with what we talked about in the last meeting. I'm good to say if we --if we ever had to, in the Page 84 March 26, 2024 future, ever take this money for any other purpose, to repay it as promptly as possible. I mean, that's just common sense. But as far as the emergency thing, it should be whatever we, as a board, determine is the best and appropriate use by a simple majority. Commissioner Saunders. ~ COMMISSIONER SAUNDERS: That's fine. I underst I was --I helped draft the language in terms of the emergenc ~nguage the last time, and I understand my motion will fail for a CK of a second and --but if we go back to the original languag -;}rat we remove that "only in the event of an emergency as t nnined by the Board of County Commissioners," that doesn't tig t€n i up as much as I would like to, but at least it's a little tighte n 1t was. CHAIRMAN HALL: Commission(tf owal. COMMISSIONER KOWAL: • 0 a . 'm fine. CHAIRMAN HALL: Okay. :S COMMISSIONER KOWAL : ank you. CHAIRMAN HALL: S ' l make a motion to accept Section 6 as amended with adding "ta o ptly pay the money back as soon as applicable [sic]." COMMISSIONE McDANIEL: And not the --and adding back "the Board County Commissioners" -- CHAI J\N 'A.LL: Not the emergency -- CO . IS~ ONER McDANIEL: --as is lined through here, the Board o , unty Commissioners --"as determined by the Board of Co Q.~ ommissioners," and I'll second that motion. MISSIONER SAUNDERS: Just so I understand what we e woting on, so the language in this section will read, "At the direction of the Board, funds may be transferred between the two funds, period. In the event of an emergency as determined by the Board of County Commissioners, funds may be withdrawn provided all such diverted funds shall be replaced as soon as practicable," is Page 85 March 26, 2024 what -- CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: All right. I'll second that motion if it hasn't been seconded. CHAIRMAN HALL: So all in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: All right. W MR. FRENCH: I think that's it. COMMISSIONER SAUND ERS : I think all we need's a motion -- CHAIRMAN HALL: 0 COMMISSIONER ~ ID RS: Well, I think we need a motion to approve the ord1 ce as amended this morning. COMMISSIONE McDANIEL: I'll make that motion. COMMISS ER SAUNDERS: I'll second that motion. COMMigsIONER McDANIEL: And I do have a comment. CHAIR.MA HALL: Go ahead and comment, and we'll vote. COM IONER McDANIEL: Okay. And the comment is e'cause it's been represented multiple times by our speakers rd to the repayment of the monies that were moved last yea , fiat's not part of this ordinance discussion today. But it is going to be a part of our upcoming discussions with regard to our budget and how we're managing going forward, so I'm -- CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: So I'm happy with the Page 86 March 26, 2024 language that we just voted on, but, you know, of the things I feel like that's been lost in all this discussion of, you know, a word here and a word there, is the biggest problem we had with Conservation Collier over the last two years, and that was having taxpayers put money in the fund and that money not being spent as quickly as i should have been. \ ~ You know, I'm still a little bit flabbergasted that, you kfi ow , folks that believe in this program as much as we do --a so we're included in that --weren't more outraged that $60 mi • 0 as collected, and only 5 million was spent in a two-yeai eriod. We did a lot of things to reverse that. An d ' said, you know, at several town halls meetings --and I'm sure co eagues have repeated the same thing --we probably hatv e urchased more land under Conservation Collier in the la t r /, e, six months, in a short time, than had been done in ma b t e last two years. So this is all great, and the lamg ~ge is wonderful, and this will go in a book and sit on the she , , 13 we should be ashamed of ourselves at almost eve ~ ea , ission meeting --and I won't say every one, but at frequent aunty Commissioner meetings a list isn't brought to us with roP.erties for consideration. And I thin e've made it very clear we don't want those properties sta du;, and brought to us once a year, that we want them brought to .s on a more regular basis so we don't lose out on some prope ·e, , which I know has happened. You know, landow ers , at and waited for six months for the previous team to co la t t em, and then when we finally got to the vote, the property wa: a eady long gone. So, you know, just in conclusion, this is all wonderful, the verbiage, but the execution of the program is the thing that failed, and that's what we shined a light on. So it wasn't about stealing money and doing this. It was about money sitting dusty, and plenty of Page 87 March 26, 2024 properties that qualified for Conservation Collier should have come to this board on a much faster timeline, and I think we've rectified that. And by shining a light on the program, too, I think we also helped pull all those that are supportive of this program into one group and be a little bit more informed of how the program ac tur ,y works, how it doesn't work, what it can buy, what it can't b~. that was all great. But I just would say, in conclusion, let's continu o e aggressive to identify properties and bring them to u consideration, and that's what the program's a abott , not necessarily, you know, a word here or a word there. This t ' important as well. But I think that was the biggest --I dtJn't want to say failure of the program. I guess the best word.I wo use in conclusion is disappointment in the program, that o ,ey was collected way faster and was just being sort of --you o , collecting dust, I think, as we said here multiple times. So :0n't want to be guilty of that anymore. And, you know, your e m, from Mr. French and Jaime Cook's work in the last few mouths, have proven that we can certainly identify these pr@p,erties much quicker and bring them to us much more efficie t~ or :e onsideration. So let's make sure we continue to do that. MR. ~ CH: Commissioners, thank you so much. We apprec • e , ur leadership and your direction. And you used the w -a 'aggressive." We have taken a much more aggressive appio ch under Ms. Cook's leadership. And with the support of the County Manager's Office, we're currently looking at the structure of the organization with regards to the staffing. And we've worked so close with your volunteers, and we're so appreciative of the volunteers and the outside agencies that --like Page 88 March 26, 2024 Brad Cornell represents, they're wonderful partners. But I would tell you that we do have a list of properties. I would tell you that they are north of $20 million that will be coming your way, probably the second meeting in April, not to --and not to overshadow the Williams property. We're currently working with Ed Finn, our Deputy Cou Manager and my direct report, my boss, to make sure that w we negotiate a good project for you to consider where it' go a Conservation Collier consideration with it. So we lo o 0rward to being able to continue to serve this practice. We th i think it's a great opportunity. ~ Thank you. i , CHAIRMAN HALL: All right. e nave a motion and a second to approve the ordinance as am nde ,. All in favor, say aye. COMMISSIONER McDANm~. ✓·ye. COMMISSIONER LoCAST 0. Aye. CHAIRMAN HALL: k COMMISSIONER ~ 1D RS: Aye. COMMISSIONER WAL: Aye. CHAIRMAN HAl&L: All opposed? (No res CH LL: Ordinance is a done-deal. C . IS~ ONER McDANIEL: Till we change it again. 11T A LETTER TO GOVERNOR DESANTIS TO URGE HIM TO ETO SENATE BILL 7014, THE ETHICS BILL- DISCUSSED; BRING BACK TO THE APRIL 9TH BCC MEETING MS. PATTERSON: Commissioners, that brings us to our Page 89 March 26, 2024 add-on Item IO.A. This is a recommendation to submit a letter to Governor DeSantis to urge him to veto Senate Bill 7014, the ethics bill. This item is added to the agenda by Commissioner Saunders. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairma . I apologize for adding this on an add-on without any pri r notice, but timing is always kind of important when you're de ing with the legislature. 0 The Governor does not have this bill yet. So whe ~e does get the bill, he'll have 15 days in which to take action 0 n 1 So if we're not able to come to any consensus today, we s:tiU Ba e, "I think, one more meeting where we can take some action. But let me explain what the bill does t at I find to be something that we should not --or the legislature . fl .,,,,~--'!,,:'!::/"..,~~ot approve. We have an Ethics Commission, and that E1hie ommission evaluates complaints and then makes a detem11 ation if there's probable cause, and if there is, then they'll go t o gh a public hearing process. We're all familiar w • -t • a . As a matter of fact , in the many years that I've been in puBl c office, I've actually had two ethics complaints filed. One t)f di em I filed myself because I needed an opinion from th hies Commission, and it came out positive for me, and so did th s con~one. And what ' e always found is that they do a really good job in evaluating la ese complaints and determining whether there's probable goi g through the process. ney e's been a standard in Florida where it's basically the com:R ~int. It's basically a written complaint, and let me --oh, it's a writ en complaint that's filed, and the complainant has to have some information to generate the complaint. That's been the standard for decades. The new standard --and this was added in this legislation this Page 90 March 26, 2024 session --it says, "Upon a written complaint executed on a form prescribed by the Commission which is based upon personal knowledge or information other than hearsay and signed under oath." The addition of "based upon personal knowledge or information" I think, makes it impossible to have complaints filed. Take a sim e bribery situation where somebody may, you know, hear some ,Ki ~ about that and want it to be investigated. Well, the only t 0 eople that would have personal knowledge would be the person ta ing the bribe and the person giving the bribe. Nobody else -~ have personal knowledge of that type of a scenario. And so I think from a statewide policy p itio it's better to have consistency with what the current langua e i as opposed to having this language. There are several ks, several organizations , that believe that this will, in effect, eli , :i a e he ability for the Ethics Commission to even exist. Ther i Be really no ability to file complaints against elected official 8'. There are several organiza io s that have written letters to the Governor . We have a dr-a~ 0 ~ne that is very similar. And I'd like the Board to consider taking look at this. Now, there's an ethics panel in the City of Naples that the citizens in the c·, of Naples voted on, and it's a very formal process, and this legislat on , 111 make that Ethics Commission ineffective. So there aF lot of these local Ethics Commissions around the state that riting to the Governor as well. e don't need to take any action today, but I'd like the B • r to consider this as to whether or not we would write a letter say· n , to the Governor that we think that this cripples our Ethics Commission. And ethics in government is critically important, and I know we all agree with that. CHAIRMAN HALL: All right. Commissioner Saunders, or Mr. Mullins, do you-all have any knowledge of what the legislature Page 91 March 26, 2024 was really --was this the only intent of the bill, or was there other stuff that could be positive that we could be missing? COMMISSIONER SAUNDERS: There is other stuff in the legislation. That was not the only thing. This was an amendment that was added sort of at the last minute on the floor, I believe. A d so there are --there are other things in there , and that's the unfortunate part of about legislation sometimes is there's a lo f good stuff, and then there's a poison pill that's added that reall makes it more difficult to adopt the good stuff. MR. MULLINS: Yeah. For the record, John ns, your director of Communications, Government an u t1 irs. And to the commissioner's point, yes, this s n amendment that was offered on the floor as it was bef0 the full body. It was not considered in the committee prof eS • ts . The bill itself is mostly procedural in how the ethi e e mmissions function, things like term limits and different proc ss s that you have to go through for investigations. To the commissionert s £Z ~t as well , this would probably take out just about any ability t ave a whistleblower-type situation, because you would have to come forward, again, with having personal knowle a e and information to back that up, which means you'd probabl ave t'o file a complaint under oath which would be a pretty, you kno w. high standard to have. So an anonymous whistleblo ; r -1tuation would probably go away under this legis ti @u. ~IRMAN HALL: Commissioner McDaniel. OMMISSIONER McDANIEL: Yeah. And I would like --if you --if you're --if I understood you correctly, I'd like a couple of weeks to be able to review this. I haven't looked at this language. I'm not inflicted with that mental health issue called a law degree such as yourself. But it sounds to me a lot like interpretation with Page 92 March 26, 2024 regard to personal knowledge of an ethics violation, purportedly or not. And so I'd like a little bit of time to review the entire bill before I --before I accept. COMMISSIONER SAUNDERS: I think we have time, as I said, so --but I wanted to get the discussion started, and this was e only way I could really do that --✓ '\ ~ COMMISSIONER McDANIEL: Okay. ~ COMMISSIONER SAUNDERS: --in a meanin _, • ay. So perhaps we have no issue to continue this, and that wi-l • we our local delegation that supported this legislation an opportu i t to weigh in as well as --and, again, this kind of goes to lo al c~ , r issues, and I think this takes away a lot of local control, as i t • e City of Naples with their Ethics Commission. Whether QU li' e it or not, that's what City of Naples, the residents, a t ed. nd so --because there was a referendum on that issue. And o is kind of cripples those local efforts, so -- MR. MULLINS: I thi COMMISSIONER ~ RS: --to continue it would not be a bad idea. MR. MULLINS: ~ eah. To piggyback that, I think the local Ethics Commiss ·;0 s currently have the ability to self-initiate investigations(a d I not also not afflicted with a legal degree. I'm a Christian. B t ( basically, this would take away their ability to self-i • • ~,y,ii.SSIONER McDANIEL: Well , on that note, I'd maybe ge a -;t in contact with our lobbyist as well just to hear the back sto n what the ultimate outcome is with that add-on and that amendment. So I'll look forward to more discussion. CHAIRMAN HALL: Yeah. COMMISSIONER KOWAL: Chairman? CHAIRMAN HALL: Yes, sir. Page 93 March 26, 2024 COMMISSIONER KOWAL: John, just one question. You referred to a whistleblower. Is there any specific language in any statutes referring to whistleblowers, like with internal organizations and things like that? Let's say, like, FDLE, you know, like, Florida Department of Law Enforcement, if somebody ~ with --internally, in, like, an agency like that feels there's so edi" g unjust going on, is there any other statutes pertaining to tha is this solely just we're talking about a citizen feeling that there' a issue and making a complaint? MR. MULHERE: Yes. I think this is just ta-1 1 i about the anonymous complaint of a citizen. But, you mo , , n e again, not being a lawyer, I don't want to say that there ar n't o er sections of Florida Statutes that may apply to other si ations. MR. TEACH: And, Commiss • o · n o al, there's a separate whistleblower statute. For examp e "f uhere was some sort of operational wrongdoing at a publieu u1i111ties plant or something, that would still apply. This pertain imarily to ethics issues. It would affect politicians. It wo Hi a ·ri ,ct other people that may get involved in graft or something alon t ose lines. And I can tell ou his: I went ahead and I looked at the legislative memoF ndums. They sort of spell out why they're doing things, and there was no discussion on why this language was taken. But Commissio er Saunders is correct; you might overhear somebody a ma ly say something that's very credible regarding an ethics igla on, but that would be hearsay because that's --in the la , , e 11 hearsay an out-of-court statement asserted to prove the tru f the matter asserted. And so that person who might have a very credible reason to believe somebody who's in a high position would be unable to then file a complaint under oath under information and belief because this higher standard of personal knowledge is required now. Page 94 COMMISSIONER KOWAL: Thank you, Scott. CHAIRMAN HALL: Yeah, that helps. Any other discussion? March 26, 2024 COMMISSIONER SAUNDERS: So we'll place that on the agenda for our next meeting. ~ MS. PATTERSON: Yes, sir. ~ Commissioners, I believe some of you are due over to H e lunch with the Know Your County Government Week. 0 CHAIRMAN HALL: I didn't think you'd ever sa~ ·1. MS. PATTERSON: So if you want to brea £,,,-n,i..u,.nch, and we can pick up with the rest of the 11 items befo ou .30 time-certain would probably time well. COMMISSIONER SAUNDERS: L at up on the fifth floor? COMMISSIONER LoCASTRO: e where is that? MS. PATTERSON: Museum.~ CHAIRMAN HALL: We're af !Flie museum? MS. PATTERSON: Ye. olf carts to move you over. CHAIRMAN HALL . moving on up. So is an hour long enough over there, or sho d we come back at, like, 1: 15? MS. P ATTERSO . Probably a couple --that would actually probably time w We have a few items to take care of before we go to our 2: 3 0 ime-~ertain. CHAIR.MA HALL: All right. So let's come back at 1:15. COM IONER McDANIEL: Perfect. ~ · u . neon recess was had from 11:55 a.m. to 1:15 p.m.) PATTERSON: Chair, you have a live mic. HAIRMAN HALL: All right. What's next, County Manager? Item #1 lC Page 95 March 26, 2024 BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, AWARD CONSTRUCTION INVITATION TO BID ("ITB") NO. 23-8141, "NORTHEAST WATER RECLAMATION FACILITY AND WATER TREATMENT ~ PLANT DEEP INJECTION WELLS" TO YOUNGQUIST ~ BROTHERS, LLC, IN THE AMOUNT OF $29,389,000, NJ» AUTHORIZE THE CHAIRMAN TO SIGN THE ATT ~ D AGREEMENT. (PROJECT NO . 70194) (MATT M ~ tA N, DIRECTOR, PUD ENGINEERING AND PLANNI DIVISION) (DISTRICT 5) -MOTION TO APPROVE B CO MI SSIONER MCDANIEL; SECONDED BY COMMISSIO ER ALL - APPROVED MS. PATTERSON: Wear recommendation that the Board of7 County Commissioners, ex-officio the Governing Board of the Co • e ounty Water/Sewer District, award construction Invita io a Bid No. 23-8141 , Northeast water reclamation facility and -te treatment plant deep injection wells, to Youngquist Broths , LL ~, in the amount of $29,389,000, and authorize the C .a< an to sign the attached agreement. Mr. Mat cLean, your public utilities engineering and planning division d" ecto is here to present or answer questions. MR. N4 AN: Good afternoon, Commissioners. I do have a very 11 • t: esentation to go over this very critical infrastructure p ~e o;rr behalf of the Water and Sewer District. gain, Matt McLean, your division director for engineering and project management with the Water and Sewer District. This is our northeast service area deep injection well project. It fulfills our ability to be able to continue to execute Collier County's strategic planning projects. This one falls underneath the Northeast Page 96 March 26, 2024 Regional Utility program. The project includes two deep injection wells as well as one dual-zone monitoring well which allow the utility to continue to proceed forward on their regional utility program on both the water reclamation facility side as well as the water treatment plant side. ~ It does include our ability , then , to be able to dispose and ~ monitor the ability to use these deep injection wells for --w Ba we will be utilizing it for is our water treatment plant conce r at: as well as our excess wastewater treatment plant effluent. T ~:efluent coming out of the water reclamation facility, we treat ·t o required standards, Class 1 and Class 2 standards as de ne ur permit requirements. This is fully permitted and reg ated 'both by DEP and the EPA. Just to give you an idea of the arti ul project location as a reminder for you-all, the Board, a , o c an see in the northeast utility facility cite, the area defined by th st ~r is the location for these two deep injection wells and dualfl~: e monitoring well that falls within our regional utility facili . ~ Within the considerat·Q s of this particular item, we did do --following the procn rement ordinance and manual, we did an intent to bid for lf s deep injection well project that went out in May of 2023. Ov , he course of the bid time , we did extend the bids multiple times. here were several vendor questions as well as we are hoping attract additional bidders on the project. I believe it was a t o ia gf eight extensions on time to try to continue to get more co p t~ion on the project. ltimately, those bids were opened in December of 2023. Youngquist Brothers was the lowest responsive and responsible bidder. Youngquist is a known contractor to us. Out of all of the deep injection wells we have in our system, Youngquist Brothers has actually installed all of them, not only on our water reclamation Page 97 March 26, 2024 facilities, but also at our water treatment plants. So the item before you today, staffs bringing the project to do those two deep injection wells and one dual-zone monitoring well in the amount of just over 29 million. The project does include a $2.4 million allowance ifwe run into any type of unforeseen ~ situations. ~ We're excepting great results on this project, first and fo t most, to be able to execute strategic planned board priority project . As mentioned, it will enable our ability to be able to dis P.OS four excess treated wastewater plant effluent. It's a real f. it's a balance for us as we treat our effluent to all of our watl -g t standards. You know, we oftentimes have plenty of efflu t av ilable in the rainy season, and we need to utilize our d ep inJection wells to be able to get rid of the excess, and the c e season, we're starving to try to produce more effluent to 1§ bl to put it back out into our regional system. So these deep in;" ea !i on wells are critical for our continued success as a utility to :erate. It does provide for t t re water treatment concentrate disposal as well as we're c inuing to move forward with our water treatment regional lant out in the northeast service area. It's import . o note the reason why there's two wells within this project, t ,;,.. dee injection wells , as our Class 1 reliability. There's ve \Y. stn:ngent reporting requirements and testing requiremen · 0r deep injection wells, and we want to make sure that we ha e th ability to utilize at least one of them at a time. We're a 2 fi o r ~-day/seven-days-a-week/365 operation, and that Class 1 reli b ·uty to be able to take one particular system out of play for testing requirements that sometimes take up to a week or more is critical for our continued operations full time. So I mentioned it's highly regulated by the DEP. We've got a lot of compliance efforts and testing requirements to do to make sure Page 98 March 26, 2024 that we're not impacting any of the aquifer systems, and it does position our utility for the continued planned growth within the northeast area, again, a very critical component project that we're excited to bring before you today. And so with that, we have before you a recommendation to approve the two deep injection wells and dual-zone monitoring ~ I as presented for you and presented in the agenda item bef or ou today. I'm here to answer any questions that you-all m a,; h eon the project. ~ CHAIRMAN HALL: Mr. McLean, just for , ~ ke of the public, you know, we're looking at spending $~0 m • ~ion. Just explain to the public what we're --what we're ui -g -- MR. McLEAN: Absolutely. Than f OU. CHAIRMAN HALL: --and ha1 f .·nt is and just so that people can understand exactly what 'r,e looking at. MR. McLEAN: Absolutelx . aeep injection well is an engineered system that safely d i FSes of fluids, including reuse water that's treated to stant lar • s. We have Class 1 and Class 2 primary and secondary sta d rds for the water treatment. These wells are very, ve de ~. hey're well --these wells are going to be drilled down to , 50 feet. So as yo utilize wells like this within our operations , we're not just impacting -here will be no impacts to the --what we see with respect to o , if ells that we use for our water treatment. 8 0 ·n g the course of operations at any one given plant, there's ce rtai tµn es of the year where we generate a lot of effluent from our wa te ater where we're processing that wastewater. And, ultimately, that processed wastewater gets put into a reused irrigation-quality commodity for us. We would like to be able to put all that back out in the land, but, unfortunately, certain times of the year, people aren't watering when it's raining. So we need to have Page 99 March 26, 2024 the ability to be able to utilize these deep injection wells during those time frames. CHAIRMAN HALL: Great. Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Do we ever --or i there --is there ever an opportunity to allow other utilities to . s well that we drill? MR. McLEAN: The short answer to that is "not rill 1 " We all have our specific utility boundaries that we operate 0 ; however, there are interconnections that we do have betwee It • companies. So, for example, we do have interconnectivitJ w. • di -onita Springs Utilities, the City of Naples, whereby sometim s we re trading flows back and forth in the case of demands or e, ergency type situations. But then those operations --when the ~ 0 i 10 their respective service areas, those respective se rvsi c ar-e·a users utilize their equipment. COMMISSIONER McD I L: All right. Well, the leading question was there's --you ow, the Immokalee Water/Sewer District has been dealing t issues for quite some time with regard to the disposition of the· r effluents, and I was just wondering if there was a capacity t nt our facilities to them. MR. Mc A I would say that that --I would say that that's a very interesting ~ ncept. COM S IONER McDANIEL: Well, there you go. MD . cLEAN: You know, you look at it like a bulk-user type o -tif z~t1 on. I did mention that we do have interconnectivity be w.een other utilities; however, that's something that we haven't really fleshed out other than bulk-type utilization. And again, then, within bulk-user rates and how you operate on how much flow goes one way or the other, the respective utility that has the control of processing that particular water or wastewater will be the one in Page 100 March 26, 2024 charge of their deep injection wells. COMMISSIONER McDANIEL: Sure. I understand that. I just --and maybe that's something we could have a discussion of off-line just to explore it. MR. McLEAN: I look forward to the consideration. ' COMMISSIONER McDANIEL: I know that there is a 1~u~ there, and it may be something to --if it's allowed, if --becaus you've already stated that it's a heavily regulated circumstan e. But if it's allowed, it's something that may be able to hel roe of these smaller utilities that are on our perimeter that we'r o ecessarily interconnected with. So with that, I'll make a motion for appro al. CHAIRMAN HALL: Commission~ owal. COMMISSIONER KOWAL: • T a , Chairman. How you doing today? ~ You made the comment that OR11gquist Brothers, they did all our other facilities, the deep i • tLG n wells? MR. McLEAN: T ,-ex av.e drilled all the deep injection wells at our currently regional t r reclamation and water treatment plants, yes. ; COMMISS ER KOWAL: For the county. Q the ne out at the dump? CL ~ N: They also drilled the deep injection well that's out there f o leachate out at the landfill. OM SSIONER KOWAL: The landfill, yeah. ~ MISSIONER McDANIEL: The dump. OMMISSIONER KOWAL: The dump. I'm sorry. I coulcln't think of "landfill." Now, in those other projects, were there other contractors that bid on those projects? MR. McLEAN: We have had, in the past, other bidders, but Page 101 March 26, 2024 this is a real specialty type of operation where you're drilling down over 3,000 feet. We were hopeful that we would see two bidders; however, unfortunately, we only received the one bid. In past projects, we have seen one or two bidders over the course of the last several decades . Youngquist is --within the state of Florida, they do the rnajo ri. y, if not almost, all of the deep injection well construction. Tli: 're currently working on multiple deep injection wells over o t e East Coast right now , and they've done a lot of work as w l the Southwest Florida area beyond what has been don o ·he Water and Sewer District. COMMISSIONER KOWAL: So in aw , -ou're almost saying they're a sole provider at this poin or tlf is particular type or design of well that we're looking at t MR. McLEAN: I would sa Int they're an expert in the industry. We followed the proculi €ment process, and they ultimately were the low bidder that was e 011 sive and responsible. COMMISSIONER , ~ ~-But they were the only bidder on this one. MR. McLEAN: ey were. COMMISS ER KOWAL: All right. Thank you. CHAI AN LL: I'll second the motion . All in favor of approving this million-plus for the injection wells, say aye. COM IONER McDANIEL: Aye. OM SSIONER LoCASTRO: Aye . ~ ~IRMAN HALL: Aye. OMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Thank you, Matt. Page 102 March 26, 2024 Item #1 lD A CHANGE ORDER NO. 15 IN THE AMOUNT OF $4,820,600.00, UNDER AGREEMENT NO. 18-7474 PERTA TO THE "DESIGN-BUILD OF NORTHEAST SERVICE A 1£ INTERIM WASTEWATER TREATMENT PLANT, STO ~E TANKS AND ASSOCIATED PIPELINES," WITH MI C ELL & STARK CONSTRUCTION CO ., INC., ADD 550 D ~ :J'O THE CONTRACT, WAIVE LIQUIDATED DAMAGE, $1,790,000 AND HAVE THE CHAIR SIGN THE ATT "'w."""'--~~~~ C ANGE ORDER. (PROJECT NO.70194) (MATT MC X N, DIRECTOR, PUD ENGINEERING AND PLANNING IV SION) (ALL DISTRICTS) -MOTION TO APPRO COMMISSIONER MCDANIEL; SECONDED BY M • SIONER SAUNDERS - APPROVED MS. PATTERSON: , issioners , that brings us to Item 11.D. This is a recomme tion to approve Change Order No. 15 in the amount of $4,820,6(J0 under Agreement No. 18-7474 pertaining to the design-bu "J of northeast service area interim wastewater treatment planfstor ~g e tanks and associated pipelines with Mitchell & Stark Construe ion Company, Inc., add 550 days to the contract, waive ligui t @ damages of $1,790,000, and have the Chair sign the attac h: change order. . att McLean, again, your director of Public Utilities En i eering and Planning, is here to present. MR. McLEAN: Yep. Again, thank you. This is another item critical to the continued infrastructure investment within the northeast area. We've been actively working under this contract for multiple Page 103 March 26, 2024 years on building the interim wastewater treatment plant, storage tanks, and associated pipelines to the known villages and towns as the Rural Lands Stewardship Area continues to develop out. This item before you today is a change order relative to add some additional piping to that particular project, cracked up som administrative contract time frame changes --that's the liquid , t eB damages portion of the project --as well as add 550 days. Again, I want to just thank the Board for the opportuni here to continue to execute strategy plan priority proje ts MT ithin the northeast utility program. That is the one that's b -en • entified. It also falls within the infrastructure and asset m .na _ _,.,...ient pillar on our strategic plan. Specifically, we will be extending, on his project, about a 2500-linear-foot section of four runs o \Qlt i e out to the Brightshore development now tha Have the official point of connection identified. This may ~-v you a pretty good idea of the overall area. I'd like to focus ·, o the inset, if you will, on the bottom right. The dashed r e ·s the area that's specific within this change order on the pipeli e corridor to be able to get over to the point of connection withi n t e Brightshore Village. The county; rough the existing contract, has already installed over 40 miles t infN!structure out to Immokalee Road Rural Village , Skysail, R·yergt a . s, and the bulk of the infrastructure to Brightshore Village . . 8 0 thi ind of gives you a magnitude of the overall area as well as n in et area to focus in on for this particular item. that point of connection within Brightshore, done on the bottom right there, the county was able, through that SRA development in conjunction with Transportation and Public Utilities , to negotiate the ability to purchase a piece of property a little over nine acres for joint use to be able to utilize it for Public Utilities use Page 104 March 26, 2024 for tanks, pump stations staging area, as well as a future storm water pond for the ultimate potential expansion of Immokalee Road. So this particular change order on the extension of pipelines will get the pipes to this particular location, which is the location within the utility agreement that we're obligated to provide the infrastru ure to that particular village. \ ~ Again, we're expecting to be able to continue to deliver an d execute strategic planned Board priority projects with thi J2 icular project and change order. This , effectively, will co p ete the first phase of the infrastructure required to the respecti ~ ns and villages that we currently have agreements wit to -al5 le to provide services for potable water, irrigation-quality w "'e , and wastewater services within the Stewardship Receiving re . It continues to solidify the Wa t_er nu ·-ew er District's infrastructure for the known expan ie, s liat are continuing within the northeast service area and positiontn e utility for the future. It does effectively meet t r ~uired established utility agreement commitments OE r • • tshore Village , this particular change order, and as I men • oned, it also clears up some administrative project irems. We had a particular change order that went to the Boa a reviously that was executed after a substantial completion dat e TJ,re work has all been completed. There's been no damages to he county. So as part of this item, we're requesting the waiver ©. tlrose liquidated damages and adding the additional time o t , e oontract to effectively complete the balance of this 1 ture . ......,.ciid so with that, I'm here before you today to answer any questions and bring before you the recommendation for approval of this particular change order, associate additional time to the agreement with Mitchell & Stark, and the waiving of the liquidated damages. Page 105 March 26, 2024 I'm here to answer any questions that you may have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I don't have any questions. I just --I would like to maybe have you just reiterate that this new facility --this northeast wastewater/water facility has been on tlie county's books since 2000 when we initially acquired that pie ,© property. And it is the --for now, the last piece of the triangl for the entire county's service of wastewater and water servic s. It allows for interconnection between our already existe: }ants. And you correct me if I'm wrong. MR. McLEAN: Absolutely, absolutely, Mou' COMMISSIONER McDANIEL: Because e're --your highlighted information here has to do wi t the own growth that's coming in the eastern portion of the .co y. But, you know. I recall a discussion I had with the p :e io s administration when I first got elected that we had storage ta s our south plant that we were having issues with preventatiYe ai ntenance for fear of taking them off-line because of potenttal se ice interruptions, and by having this facility up and functioning, i's going to provide an enormous benefit to the --to the entire co nty, not just --yes, it is going to accommodate t ;s own growth that's coming , but it's an integral part of the ba • c ife ~ustaining infrastructure that our community needs. MR. N4 AN: I appreciate those comments, Commissioner. I wow a ha acterize it as we are a regional system. MISSIONER McDANIEL: Yeah, exactly. R. McLEAN: You know, our plants are interconnected. We take a great deal of pride on operating and continuing to invest in our infrastructure, and the engineering reliability and interconnectivity on a regional basis allows us to do exactly what you've described. We have the ability to continue to rehab and rehabilitate existing Page 106 March 26, 2024 plants, existing in-ground services, existing collection systems. And as we continue to grow the utility, it's important to have that continued interconnectivity to be able to do to. COMMISSIONER McDANIEL: You know, Commissioner Saunders, you and I, when we first came in, we acquired the ' Orangetree facility and then the FGUA facility there in Golde clfa~ City, and I recall one of the statements that you made, and I concurred 100 percent with the statement and that when e cquired the FGUA, that it might have been one of the most im o ant things that we did for the community as far as a benefit go . And having this northeast regional facili ~ an r s interconnection with these smaller utilities tha e'v already acquired is just an integral part of fulfillme t of that regionality that we need to have. • So I'm going to make a motion fi pproval. COMMISSIONER SAUND Second. CHAIRMAN HALL: W a e a motion and a second for the approval of this $4.8 milli on ,~nge order. All in favor, say aye. COMMISSIONER . ANIEL: Aye. COMMISSIONE LoCASTRO: Aye. CHAIRM ALL: Aye. COMMi gsJONER SAUNDERS: Aye. CO IS~ NER KOWAL: Aye. CHA ~N HALL: All opposed? nse.) AN HALL: Done deal. THE CHAIRMAN TO EXECUTE A ONE-YEAR RENEW AL OF AGREEMENT NO. 22-7979 "TOURISM INTERNATIONAL Page 107 March 26, 2024 REPRESENTATION -UK AND "IRELAND MARKET" WITH OMMAC LTD., FOR FLAT ANNUAL FIXED PRICE OF $120,000 ($10,000 PER MONTH), AND REIMBURSABLE EXPENSES FOR TRAVEL, REGISTRATIONS AND MISCELLANEOUS FOR UP TO $80,000 TOTALING $200,000 ANNUALLY AND MAKE FINDING THAT THIS ACTION PROMOTES TOURISM. ~ (COMMISSIONER MCDANIEL'S REQUEST) -MOTION ~O APPROVE BY COMMISSIONER LOCASTRO; SECQ D BY COMMISSIONER MCDANIEL -APPROVED MS. PATTERSON: Commissioners, th tbnn s s to Item 11.E, formerly 16.F .4. This is a recommenda • o to approve and authorize the Chairman to execute a one-year r newal of Agreement No. 22-7979, "Tourism Internationa ~ e:s e tation -UK and Ireland Market" with OMMAC, Li ite , for a flat annual fixed price of $120,000 and reimbursable ex ens e s for travel, registrations, and miscellaneous for up to $80,00 0, t ())taling $200 ,000 annually, and making a finding that thi a~f o promotes tourism. This was brought to e regular agenda at Commissioner McDaniel's request. A u d believe before we get started on this item, we just wa ed to introduce our new tourism director, Mr. Tusa. He may take , coup ~ of minutes and say hello and tell the Board a little bit about imself. MR. 1 ~: Thank you, Amy. I appreciate the introduction. l a~ usa . I'm the new tourism director for Collier County . V € excited about that role. Looking forward to working with , missioners and meeting with you one-on-one over the next couple of weeks. Would love to kind of have conversations with you on your thoughts on the tourism industry in Collier County . I've had some great conversations with Amy and Dan already through the interview process, and certainly those will be ongoing. Page 108 March 26, 2024 A little history about me, I have 25 years of experience in the travel industry, most recently served as the assistant airport director for the Pensacola International Airport for strategy and development. Probably my most relevant experience related to Collier County is I was executive director for Walton County tourism where there oversaw the destination marketing of the county but also destin • 0n development. I did a lot of destination development initiat • with parking and beach park facilities, lots of growth there i~..._..,·~~ reas. And then also some other experience back in Louisian e I relocated to Florida eight years ago, Louisiana Of e -Tourism, New Orleans Convention and Visitors Burea o ts of experience with destination marketing. But really looking forward to my OP R . unity, and I just wanted to say hello and thank you for the o po -, and looking forward to working with you. And if any 0 has,-any questions for me, I'd be happy to answer anything I might e :lS le to. CHAIRMAN HALL: I'd us say welcome aboard. We look forward to getting to kno w , nd talking with you. Thank you, Jay. MR. TUSA: Great. Thank you. MR. MEL~~..._~Y: Good afternoon. I'm John Melleky. I was 1 ec t0"r for tourism , and I'm also the art and culture manager f o toui ·oS m, and I'm here to answer any questions you have on the OM --OMMAC contract. .80 h N e a presentation, or if you would like to ask questions, ap p,;, to do either one, whichever you prefer. HAIRMAN HALL: Commissioner McDaniel, do you mind shanng with us your thoughts why you brought this forward? COMMISSIONER McDANIEL: Yes. Well, my thoughts are not a lot different than what they were the last time when this issue got brought forward. And I --I just don't want us to just go along Page 109 March 26, 2024 doing what we've always done because we've always done it. This is --this a lot of money engaging specifically with companies or people to attract tourists here. And I just want to --I want to know if thought has been given to a different way of doing business. "-. It seems like --it seems like, from the information that I' eilr.e~n provided, that there is decent trackability with regard to the e--:€ rts of these --of these two agreements, but I just wanted to as k., he question --and I know Commissioner Locastro, he se as the chair now for the TDC. I did it last year. I just --~ ow, I just wanted to ask the question if consideration co ld B -i en or has been given to doing business a different way. MR. MELLEKY: Well, yes, and so et me talk a little bit about it and the business and what's going on tle ~ , se I think that's important to understand, especially, t r oo mpetitive nature of these markets. So what we're doing is, fi s we're trying to build the pipeline and continue the pipeline o p op e coming from Ireland and UK in this instance --and German.~ the next one --to come to Collier County. So in order ta do that, you need to always have some type of presence. Various rgan1 tions that are our competitors here in Florida, there are 20 tha _ ave offices out in Europe. So part of that is how do we dot at mu t do it most cost effectively? And having someone there Q e lf;e sent us actually helps with that. But then to address o also --was your concern is how do we have a measure? .....,..siid talking with the organizations, it was looking at how they deal with tour operators. When people want to come to Collier County, especially from Europe, they book a tour or they go through a tour operator, especially their first, second, or third time that they're coming. It's a lot of easier to do. There's insurance. So in case Page 110 March 26, 2024 something happens, they're going to get reimbursed and they're not losing money, and it's a lot easier to do rather than booking everything yourself. So these tour operators are really the conduit, and the organizations there have those relationships with the tour operators. So working with the tour operators, then they also work i ur partners here, the hotels, and not always the big hotels, som t' es the smaller hotels, that then the tourists can go into and real b ild that relationship, and that's where the measure comes in i , o~ many room nights are those tours operators booking in o.-~~,.utination. And once we figured that out, we then used t a to collection and then used that to create our retu the costs. This is something that we've don is ar. We're looking to enhance it even more as we move Q a , but we thought that was a great way to measure, because we'~e i easuring the actual taxes, the actual hotels that are booked a u , ed, and then relaying it to a return on investment. COMMISSIONER . ANIEL: Okay. I guess my question was more along the lines of actually contracting with somebody to engage with pote t' al tourists. My question was more along the lines of direc venf sing and, potentially, for less of a hard expense because the wa these --the way these agenda items read, on the surface it's 2 , 00, but it can be as much as an additional 80,000 in travel a ti e, ertainment and additional reimbursable expenses . . MELLEKY: So thank you. Yes, the hard cost, $120,000; it' 1 ,000 a month. The other fees --in this instance, it's $80,000. Rea y, that's their budget for the year. So that's not --that's the most that they can spend. If they want to spend money, like let's say they want to go to a trade show that's in Europe, that's already there, they need to pay the registration fees, and we reimburse them. Page 111 March 26, 2024 So what happens is they provide a project sheet. That project sheet is then signed by the division director, signed, "Yes, this is what we're going to do," and then that money can be spent. So, really, that $80,000 is the max that can be spent. It's put in our budget to budget that way. But each time they want to spen any of that 80 ,000, it comes to us first before they spend it be ,,a I e then the purchase order is set up that way so then they can b reimbursed for it. 0 COMMISSIONER McDANIEL: I really wasn' ~stioning that the process wasn't being followed. The quest" Q little --and maybe it's for you, our new direct @ -to-e. I wasn't really concerned about the validity of the expe se. • t just was an additional expense over and above the co t act amount and whether or not a different approach could be.ac o fl i , hed. MR. MELLEKY: That is somet • 'g we can look at and talk with Procurement about. And, ag in we're tracking those expenses to make sure that, one, they're :a t going over and, two, that it's a reasonable cost and that it s ething that is going to benefit us and , again, related, then, to tho ooms being booked. MR. ROD RI UE : ommissioner, if I may, Deputy County Manager. Absoluted'. we ~an look at that. In fact , with Jay coming on board, with Sancl a and John's help, we'll look at our marketing strategy an M ome up with some new avenues that you speak of as well as so -other ideas that the TDC committee have as well and t o1 e ommissioners and our County Manager and kind of bring yo a ew strategy, a new approach that may give you some opportunities that you can consider. COMMISSIONER McDANIEL: Is there a fuse on this that we have to approve this today from a contractual arrangement? I miss the deadlines in this. Is -- Page 112 March 26, 2024 MR. RODRIGUEZ: I believe the contract expires this month, if I'm not mistaken. John? MR. TUSA: That's correct. MR. RODRIGUEZ: And if you'd like, you know, we could just renew the contract for now and let Jay get his --get going on this, and then we can consider what we're going to spend. As far as tha 80,000, hold off on that, and come back to you with a strate ,, if you'd like. COMMISSIONER McDANIEL: It's certainly ~ ~--you know, this is a Board decision. It's just --and I'm n e that has brought this up. I'm not stomping my feet he € jus o --I just want to make sure that we're giving consideration to o ducting business differently. That's all. (', _ CHAIRMAN HALL: I love it. A,~ Commissioner LoCastro. ~~r COMMISSIONER LoCAST 0. So this was a long discussion at our TDC meeting. And, yo uw, I brought up similar views because, I mean, this is rool o ey. And, Jay, here's the one thing --I mean, I feel like I was satisfied after our TDC eeting that we wouldn't change the way forward and n .a -~~,,. .... eep doing business the way that we do. But th • ew homework assignments from our meeting, which was bet e~ easurement. You know, stats are great and all that, but he ,, t e question I would pose to you: If we gave $200, OQ to the tourism of Ireland or whatever --I'll oversimplify t • cl then we measured all the people from Ireland that came her a d how much taxes they paid and all the dinners they went to and, you know, the souvenirs they bought, if we didn't give them 200,000, what would be the delta change? Would all those people still come because Naples is awesome and they've heard about it? You know, they didn't need to read it in an Irish magazine. They Page 113 March 26, 2024 know that Naples is an incredible place. And if there was a delta but it was 3 percent less Irish people that came to Naples, it might not be worth the $200,000 to capture that tiny little bit and just do it because 20 other counties are writing a check. And so we want to feel good that we're not just sort of loo . it the stat sheet and going, "Yeah, we paid this much money ,. a people from Ireland came." I know people from Irelan t have come here, and they came here all on their own. Y 011: QW, they used TripAdvisor, booking.com, google.com, and e • idn't need anything to be put in their face from the, you ow, • ity of --or the County of Collier. And so that's what --that's really the sence of what I think we want to make sure we're getting to, t a • e hange something --and we had this con~ s tlGf . You'll hear --or if you read the minutes from our last meeting about the investment we make in TikTok. MR. TUSA: I saw tll ~ COMMISSIONER Q ASTRO: It's not a billion dollars. But when we were sitting th~re saying, wow --you know, we looked at the stats of all t • mazing things we do, and then TikTok, it just seems like w ' ki mf of doing it to do it. And, oh, by the way, TikTok right no ~ doesn't have this --doesn't have a great reputation. Do w --ou know, is it really doing anything or, as Com issio-R er McDaniel says, oh , we just fill all the boxes. We do it ec u ~le-we do it, and all the other counties, you know, do it. So I really --I was encouraged and also impressed by the discussion we had in the TDC meeting. Everybody was in agreement that we really want to watch where these dollars go. And we want a little bit more than just sort of the scorecard at the end because the reality would be if we took that money away, would that Page 114 March 26, 2024 scorecard really change significantly? You know, we might not be comparing apples to apples. We might be comparing sort of apples to chairs. We spend this much money, and this is how many people from Ireland come, but they might come anyway. And if the groups ~ 're giving our money to every single year look at it as kind of auto ~c payment and not necessarily earning it, then maybe we want t take a look at that. 0 Lastly, I'll just say what I did like is at the TDC e #ng, there was a lot of things shown about --specifically abo ut a les in foreign publications in those areas, so we're tar get! t ose areas. But, you know, the onion we want to peel bac s f at little four-page color article that showed the bea tiful beaches of Naples wasn't in that, you know, Irish or Ge a, azine, would people still know that the prettiest beach a ill' aples or, you know, wherever in Florida? And, you lrn o , are we really getting the best bang for our buck? And --yo~..,.. .. ,.,., ...... ""ow, that's where we look, you know, to your expertise. MR. TUSA: I woul <i y that --to answer your questions just briefly, I mean, obviously, it's something that we can look into. But, you know, you do want to remain competitive, I mean, because if we do pull back <J advet tising or perhaps stop advertising, that doesn't mean that com eting, you know, sister counties in the area who are in competitiv • et , you know, will stop doing that. And so you very well . k l -se some market share to that. u t to the point you just made, are you going to lose it all? ly not. People from Ireland are still going to come here because they hear about it another way. But, you know , these agencies provide a service in that they know, you know, their market that they're representing us in very well, much more so than what we do or perhaps our agency, you Page 115 March 26, 2024 know, here in the States. And so there's definitely a benefit, you know, to those agencies and knowing their markets. So I would say from that standpoint that that is definitely a plus. But as far as the metric and how we examine of what's being brought out versus what's going out and what that ROI is, that's really ' important, obviously, and that's something that we can take a . ~,~lf. COMMISSIONER LoCASTRO: I think what we con ded is the part of the business that we don't want to keep doin . t\ e ay we've always done is the measurement that --maybe b a:ipstorm a few more homework assignments for the people w.e ~ • aying this money to and not just have them sort of spit o a s eaclsheet. And it's more than that. Actually, what was in front of us wa , Fl etty impressive, but then you sit here and look at it and go, "'Yo , i took out the money, how would these numbers change. ' , also, is there a deeper dive that, you know, we could get • o liat we feel the investment is worth it beyond a shadow of d u • rt and not that we're just sort of, you know, guessing? We realize there's co eting markets out there, but as we always say here, there's 0nly one Naples. So if you don't put a four-page article • an Irish magazine about Naples, I don't think the folks are goin ;o g Wappinger Falls, Idaho [sic], instead. You know, I think t 're still going to find Naples. We want to make sure that th C is really on top of it. as 1~ I'll just add, and it's --and I wanted to say this when you e , king. I'm the new chair representative on the TDC. issioner McDaniel was it last year. We decided to switch it every year. Commissioner Hall will do it next year after he's done being chairman here. In the short time I've been sitting in the seat, so impressed with the man behind you, the other people on his staff that he's Page 116 March 26, 2024 representing, and even the --my fellow colleagues that sit on the panel. So I think, you know --I don't want to say "I think." I know that you're going to be equally impressed that the team you're joining --and even before we found you, you found us, the ~ conversation was, you know, we're not just sitting here on ou n · s waiting for a director to walk in and show us what to do. Y-0 're joining a group that has really been paddling in a very stroni direction and you know --but we have a role , too, to a~ sure that--~~ MR. TUSA: Right. ~~ COMMISSIONER LoCASTRO: --you ow, those dollars are accounted for properly and proven to be, 0:u know, worthy of the expense. • ~ MR. TUSA: Yep. ~~r COMMISSIONER LoCAST 0. So thank you. CHAIRMAN HALL: S e ore I go to Commissioner McDaniel , I wish I had the 19 e 1t of sitting in in the committee and hearing the dialogue, beca s I --but I don't. So just lookin at this, I love the fact that Commissioner McDaniel broug(f this up for discussion, because just to do it because we've always • one 1t sticks in my craw a little bit, especially when I look at 12 --k at 10 grand a month. What's the tourism taxes? Is it SIONER McDANIEL: It's a bunch. AN HALL: Hmm? MISSIONER McDANIEL: It's a bunch. MR. MELLEKY: Five. COMMISSIONER McDANIEL: It's 5. CHAIRMAN HALL: So 5? COMMISSIONER McDANIEL: Yes. Page 117 March 26, 2024 CHAIRMAN HALL: So we have --we have to book $200,000 worth of rooms every month to collect the 10 grand --to collect the 10 grand worth of expenditure. And so I just look at it from a business perspective. Instead of paying the upfront expense and trying to justify the money with maybe fuzzy --fuzzy numbers or fuzzy math or assumed --assumed benefits, why can't we pay: t e , commission and just pay them based on what they actually di na set that commission rate based on not to exceed 10 grand a , , o h? It's one way of looking at it. Or I'm also willing to roll the dice and just sa , le ' --for this year, let's not renew and take a look and see w at c-t from Ireland and Germany. I mean, at the rates that I saw at we come back, we're not going to lose a whole lot, but w ~ ave a whole lot more to gain. Those are just some thoughts. t ~ anted to put out there, so... ~ Like --again, I wish I had th c nversation. I wish I had the benefit of hearing the conversaf Q , but I don't. But those are my thoughts. Commissioner McDan· 1. COMMISSIONE McDANIEL: If I'm not mistaken, the TDC is recorded and , , evised, if you have the time. So you can --you can do that. I'm going ;e make a suggestion that we continue these items to our second eeting in March and let our new director have a revie,, --fi'.1nk we're hitting on how we're doing what we're doing --• f we can do that. Can we do that to -- S. PATTERSON: The second meeting in April? COMMISSIONER McDANIEL: This is our second meeting in March. Yes. Are these contracts coming up at the end of March? MR. MELLEKY: Yes, at the end of March. COMMISSIONER McDANIEL: So we really can't continue. Page 118 March 26, 2024 MR. TEACH: If I can I provide a comment. Your --these --both these contracts, you're at your renewal term, but they both also provide termination-for-convenience provisions that allows the county to terminate for convenience, and the vendor is only paid through the work done through the date of termination~ So I'm looking at the contract right now. It says there's fl annual fixed price paid monthly in equal installments, $120 ,. 0 ump sum, but it's paid $10,000 monthly. So you could, if th o rd wished to, approve the item , undergo what type of stud y-0 u wish to undergo to see whether it's a practical method of g@· g orward, and if at some point you wish to terminate for con enie e e, you could still do that, and under the agreement, they wo d be entitled to be reimbursed for the work that they did up trl the date of termination. CHAIRMAN HALL: Yeah. • 0 e o ld not renew and test the will of the vendor to see how b li ~ want the business. COMMISSIONER McDANIE~. You know -- COMMISSIONER LoC ;:fR-0: That's what I talked about at the TDC. COMMISSIONER It bodes the question, you don't know until you kn w. If you don't --if we renew the agreement, we r ~ ew the agreement, and we have the expenditure except for --b aaus 'm not talking about --I don't want to say this: We're not goin t stop advertising. My thought was what ifwe spent --wH _ 1 e spent 60,000 in those markets in direct that --in direct ,£ cu .ed advertising and compare that to the generation that's co , it:1g om these agreements? And so that's the exploration that I'm , essarily thinking about. I actually had a comment with a friend yesterday along those same lines. Why don't we move these agreements to be more specific on a commission basis, generation of --generation of actual tourists? So --and it may not be possible at that stage to get to those Page 119 March 26, 2024 thought processes. CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: Thank you, Chairman. So this was all conversation that we had in the TDC. I like how we're accelerating the competitive nature of how we spend this ~ money. '\~ One of the things I would say is I'm sitting here looking a a brand-new person that just got hired that's going to be th , to)) director. Hearing Scott say, "Legally, you know, re -e e document, and at our meeting that was brought UP. t-li a this --yeah, it's a contract, but we can get out of it anytime " fl I think even at the discussion --I mean, correct me if I'm wro g. I the past, some of these contracts were more than a year, and one of the things we talked about was, "Okay. Then let's t i e hem a five-year contract." And even though we can get ut he impression was, hey, this is a promise kind of thing but, he I~gally promises can be broken; but that was one of the chan~es t at we made is that --not these multi-year contracts. Bu ould sit here and say, based on what I just heard from legal, Y.OU know, you're a key member of the team that just got add~ . You can see this is a hot topic that we want you to dive into w·ffi the c5urrent team. And, ou ow, I would like you to come back to us with a recommendat1 n. I don't see any harm in passing this so that we don't a e oreak in action, and that's what we talked about in the TlBl ~ting. But, you know, at the next meeting, coming back, or w n ~ou have a deeper dive collectively --and we'll talk about it in the TDC meeting as well. But everything you're hearing up here is --if you watch the tape from the TDC meeting, this was our conversation, and we elected for this to go forward to the commissioners. But it was --it's almost like Page 120 March 26, 2024 the same conversation is that is this really worth the money? So, you know, I mean, I would make a motion to approve this but with a little asterisk and say, you know, you, as the new director, you know, put this high on your list, because we're sitting here approving something that I wouldn't say we have reservations a but a lot of questions as to its value, and that --I think everybG f here is in agreement. We've had this conversation before ,. 0 -ut it sounds like you've got a comment. 0 MR. TUSA: Just a quick comment. So be ha p 0 go back and look at this. I mean, I'm day two on the job, e-ainly have some familiarity, obviously, with intemationai mar : ts. I'd be happy to, you know, talk to the tea , a d then if you indulge me, let me talk to the TDC counc • t tn eir next council meeting, and then you can have their i p as well as the team's input, and then that can help you make a be e )' • nf ormed decision after that TDC meeting, if that timing works f o the Board. CHAIRMAN HALL: G0 !wad, Commissioner McDaniel. COMMISSIONER O.--~~"' EL: I'm okay with, I mean, with approving the agreements ~ they are. Let's --I think Mr. Rodriguez's comme t with regard to the base contract being agreed upon, no ditional expenses until we've done an investigation. ' go ing to give you till Day 4 , not Day 2 , to be coming up witH these answers, so ... But I'm o . ay with going forward, and as our County Attorney has said if e find a better mousetrap, we have an opportunity to o ·e adjustments as we go. So I'm okay with doing that. ant it to be said I don't want to have an expiring contract coming to this board three days, four days, five days before it goes out. I don't want it --I don't want that to happen anymore. I would like for us to be able to have the flexibility to be able to continue an item, have these discussions. There's --I'm the one that pulled these Page 121 March 26, 2024 agenda items off the consent agenda, but there's certainly --there's certainly some additional thoughts up here that need to --need to have some discussion and a little more time with the expiration. I mean, with a known contract, this is --this expiration date was coming at us for some time. ~ So with that, I'll second the motion for approval. ~ CHAIRMAN HALL: One second, Commissioner Ko a . I get the rationale, but there's just something in me -w 're not talking about a big deal here, but we are talking abou --,,la ey've been doing this 10 years. There is something in me th ~ o ld like to let that thing go --expire and test the will of the ~en OF COMMISSIONER McDANIEL: Me, to . CHAIRMAN HALL: And that wa1' e can --you know, we can come up --and we --it's the per ec t" o have the conversation, if we do, with the v~nd0 . e can blame it on ResourceX. We can blame it on o ow, "We're looking at really cutting our budget, cutting the a s --cutting the redundancies, cutting our --looking at om p o esses, and you've fallen that in category. So if you canjl1 t bear with us, we'll be back --we'll be back with you." That's an easy conversation to have with the vendor. The assul:h' tion 1s, oh, they'll go away, and we'll lose all this business. na don't think so. They've been --this is gravy train for them. ears of 10 grand a month, every month, they're going to sw. w ard if they were to hear that conversation. ~ , ommissioner Kowal. OOMMISSIONER KOWAL: Thank you, Chairman. I'm going to support what we've been --Commissioner McDaniel and Commissioner LoCastro's saying today. You know, let's don't let this expire. Let's just keep the avenues open with these organizations. Page 122 March 26, 2024 But if this is more --I'm asking, trying to self-educate myself, because I don't know as much as you guys do about this. But this Tourism International, this is a group that we pay this money to in these two different jurisdictions, Germany, UK, and Ireland --or three. ' What's to say that we don't advertise ourselves directly t , ~~ tour organizations and say, "Hey, Collier County has a little b"t e at the apple here" --because it seems like we're going thro . gh middleman to get the tours to bring the people here? ~ know, now they know. Say, hey, Collier County has so money set aside. Let's just get a piece of this --bite of this ap m'e irectly if we can show we're bringing people to Collier Cou y, a d not so much relying on Tourism International to repres t us in this market. I mean --I mean, is there a possibilit:x fa li a , be a way to do this? MR. TUSA: There is an ad anta e-; because those agencies have the relationship with the OP.e li to r s. And, obviously, like, with the German market --I mean ,. -~,. ...... ,that's English language, so that's not a super-big challenge tlt ete , s far as language barriers, but, you know, when you're dealin ith German operators, I don't speak German, so... ; COMMISS ER KOWAL : I have a phone that has a translator on i nght rf ow. I mean, this is 2024 , last time I checked. MR. US ~: But it's also, Commissioner, just the relationships that these a ~ne1es have with these operators. You know, they do opera€ w itli these --you know , conduct business with these o · rat or on a daily basis. They have the relationships. A lot of it rel ti . nship-based. COMMISSIONER KOWAL: I guess what I'm asking is what do they get out of it working with Tourism International , these operators? MR. TUSA: The operators? Page 123 March 26, 2024 COMMISSIONER KOWAL: Yeah. MR. TUSA: I mean, they get the business. I mean, you know, when --through -- CO MMIS SI ONER KOWAL: Isn't it all about the business? Aren't we the business? ~ MR. TUSA: We are the business , yeah. I mean, ultim te.l . I mean, we're the reason why they're coming to --I mean, if tll~ choose Collier County, Naples, then, yeah, then that's --e' e the business. They're coming here because they want to go 0 Naples. COMMISSIONER KOWAL: But I'm prett~ s that these independent operators that run these tours are ot J ~ doing it because they like somebody that works for To 1s· International. MR. TUSA: No, no, no. Don't -- COMMISSIONER KOWAL: • T n 's at I'm trying to find out. What are they getting by pavtict~atmg with them and ultimately coming here, which is the product, :whi ch they want to --the people want to come here? See, we a ast, like, have a middleman that's doing something that we e t1u probably do on our own. That's all I'm asking --I'm just askiru . I'm trying to educate myself. MR. TUSA: Yea . MR. MEL.-~.as..~Y: Oh, just --yes, the tour operators are making money from e peo e who are booking the tours , but also, those representatives of the OMMAC and DiaMonde are our representat ve here, so they're an extension of our staff in our office there. o t at then , also , our staff isn't traveling to there , because to re costs $5 ,000 a month --I'm sorry , one trip would cost , between airfare, hotels, and there. So, really, it's a cost savings as well because it's an extension of what we have for our staff there. COMMISSIONER KOWAL: I guess what I'm trying to say is, you know, in this day and age, do we need a human being there Page 124 March 26, 2024 actually advertising Collier County? MR. MELLEKY: You can place advertising there. But, for instance, OMMAC worked with British Airways to move our ad from the bottom of the page up to be the second block, and that's what they do. They help get us better exposure, working with t tour operators, to then bring people here. Also, then, let's say a tour operator is looking for a hote. They will do the connection with the hotels here so that, then a tour operator's booking into the hotels here and providing lia -the rooms for their tour and the people visiting here. COMMISSIONER KOWAL: Like I sa· d t educational questions for myself -- MR. MELLEKY: Yeah. 6 COMMISSIONER KOWAL: • --o see • there's another way to attack this, you know, in a way tha e'r / not boldened just to one organization getting $10,000 a mo t MR. MELLEKY: And also he tour operators will sell packages. So as the pea le o e, they're coming not just to Naples . They'll come in either thro~h Orlando, Tampa, Miami, and then kind of do a circuit arou d Florida. Because think about if you travel to Europe a d you go on a tour, that's what these tour operators are doing. T ~ 're JMi ilding those tours. So workin ith that tour operator to then have them stop in Naples ver / , Sarasota versus a Lee County versus a Miami where you n , o o the Everglades in Miami, we want them to go to the E -rg a e s here. OMMISSIONER KOWAL: Thank you. MR. TUSA: Real quick, and it is a little bit more than just hotel rooms; it's also packages. And so they may come in and have an excursion where they go out into the gulf to go, you know, fishing or, you know, dolphin tour, manatee tour, something like that, or they Page 125 March 26, 2024 come economic in to go shopping. Obviously, shopping's a big thing with international visitation, golf. So there's more than just hotels in that dynamic. CHAIRMAN HALL: Did you make a motion? COMMISSIONER LoCASTRO: He made the motion, buf just want to clarify that we're going to go ahead and approve ] . and F, if that's okay with the Board. CHAIRMAN HALL: Yes. 0 COMMISSIONER McDANIEL: My second was i l.E and F. I'm not sure that the motion maker was okay with th t COMMISSIONER LoCASTRO: Yeah. o, olutely. But I would say what you're hearing here --and I d©n'l: want to say, like, you know, if this passes, there's an asteris n i , but it is. I don't think we want to see a break in this .-• aetion here without having --you know, giving you a &hanc o get your feet wet a little bit. But this is something actu l een talked about here for a bit. And so --and, you know fl a iag our legal expert say we have an out, I don't think it hurts a bing to not have a break in this action and give you a chance tE> dive in here and tell us, you know, your thoughts, but, yo,-,...,~~ow, we need it sooner than later -- MR. TU '.A: I ppreciate that, Commissioner. CO _ IS~ ONER LoCASTRO: --because this is real money. CHA ~N HALL: All right. I've got a motion to approve 1.F at the same time, and a second. All in favor, say OMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. Page 126 CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Good job. MR. TUSA: Thank you, Commissioners. Item #15B STAFF PROJECT UPDATES March 26, 2024 MS. PATTERSON: Commissioners, we do a staff update that is not on the agenda. It came about late, a o E Headworks project. Now might be a good time to do 15. s aff project updates, get Mr. McLean up, because we do have 2:30 time-certain coming up and we, perhaps, want to. ta a o rt reporter break before we start that one. MR. McLEAN: Again, Mat ~Lean, your division director for Engineering and Project Ma a ement with the Water and Sewer District. Appreciate the oppo ity just to give a little quick update to the Board relevant to one of our major infrastructure projects, our North County ~al r Reclamation Facility, pretreatment facility. We've co ,e be ore the Board --we're making it a point to come every six mont'lis r so, or every quarter, as necessary --by the Board just to give a pdate of what's been going on. e':v.e ctively been under construction now since late August. • ust give you the highlight report that we are still working wit i the confines of the project schedule and the project budget. We ave had a few unforeseen circumstances come up on the job to date relative to some boulders underground, infrastructure that we weren't expecting where we were drilling some of our stone pile installation. We've passed that milestone. We're converting that on Page 127 March 26, 2024 over into a change order as we speak. We also had one minor work directive relative to an existing pipeline that, when we dug it up, was not the same size or type. So we had to do some minor adjustments on some fittings and stuff on that. But, again, this is a project that the Board has supported a major infrastructure project that will be leading us into the for the continued utility. 0 I want to share a couple quick pictures with you 0 ~0u can see what's going on, and then at the end, more than ha , p iO schedule any type of on-site tour with Dr. George and w se n others, as necessary, to really get you some boots on the rouna. But we've been actively working very diligently on s oject over the course of the last several months. • Enclosed are some pictures o, t M st one pile installation. We have over 200 stone piles that wer ins alled, providing the foundational needs to support e continue to start the build --the building up. On the far right, you see the vibratory equipment that actually shakes down i he ground 30 to 40 feet, and then it gets backfilled back u with stone as we continue to build up the stone columns. Where we ;r n into some big boulders, they had to bring in additional e :ip ment to actually drill through those areas. You see a few p • cture -of that on the left. But we've been successful now in n ,-6 pleting that section of work which has led into the in al ation of the underground pipelines that are, effectively, underneath the building. I mean, this pretreatment facility is the heartbeat in the beginning of the plant. It is the first pretreatment process. We have several pipes that come in bringing raw wastewater in, and from this facility, we'll have a multitude of Page 128 March 26, 2024 different pipes that are going to all different process equipment stages within our water reclamation facility up at the north county site . So here you can see several of those pipes as they've been installed. Those pipes themselves, we've got a few good aerial shots of those same pipes. They're all encased in concrete, so you're seeing some of the encasement of concrete where these pipeli underneath the building. We need to make sure that they're extremely stable and solid, so the engineer plans include , tli encasement of those pipes that are underneath the bui -1 if you will. Here's a couple other shots of that where ou ee where the re bar and forms are being installed around thos p lines that have been installed underneath the building in jFe aration for the concrete encasement, and the pouring of the co , t el ound several of those pipes. ~ And then here's a good shot a · ;:: u're looking east towards the regional park that kind of give :¾O an idea of the magnitude of the footprint of the future buiJai .-. All these pipes are getting stubbed up now. We've currently l ost completed now with all of our duct bank work in prep ratio R to get done by the end of this month so that we can tum it o to the concrete folks to do the foundations and start to do ou~ s l c al fills and foundation pours for the slabs. That's when it's ~ing to start to get exciting for us, because you're going to ge o see a lot of work going on here and significant conc re e oHrs . ~ ith that, I'm here to answer any questions. HAIRMAN HALL: Does the tour come with popcorn? MR. McLEAN: I'm sure we can probably arrange good, clean water and potentially popcorn. CHAIRMAN HALL: Thanks, Matt. COMMISSIONER McDANIEL: IQ water. Page 129 March 26, 2024 MR. McLEAN: Not IQ water. We have good potable water. Thank you. But we appreciate the opportunity to be before the Board. It's a very critical project for us. COMMISSIONER KOWAL: No fluoride. MS. PATTERSON: Commissioners, our final items are pu~ ic comment not on the --that wasn't heard earlier, which I don't . , if we have anybody. We can check again after our 2:30 time s e ain, and then we have commission and staff communication , w • ch I assume you'd like to hold till the end. So at this point, we just have about 18 minutes time-certain if we'd like to have a court report I br start fresh at 2: 3 0. CHAIRMAN HALL: Let's do that, d we'll come right back at 2:30. • ~ MS. PATTERSON: All rig M. ~~r (A brief recess was had from : p.m. to 2:30 p.m.) MS. PATTERSON: Ch i ou have a live mic. CHAIRMAN HALL. 1 righty. Let's let this party begin. Item #1 lA DOCUMEN~~.,,,,--~TED TO THE DEVELOPMENT OF HOUSING A E FORMER GOLDEN GATE GOLF COURSE: SECOND DMENT TO DEVELOPER AGREEMENT U L NEIGHBORHOODS , INC., 2) ~TION OF COLLIER COUNTY STANDARD LONG-TERM GROUND LEASE, 3) COLLIER COUNTY STX DARD FORM LONG-TERM GROUND LEASE (PHASE 1 - ESSENTIAL SERVICES HOUSING), HUD LEASE ADDENDUM AND PHASE 1 EASEMENT, 4) COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE (PHASE 2-SENIOR Page 130 March 26, 2024 HOUSING) AND PHASE 2 EASEMENT, AND 5) LAND USE RESTRICTION AGREEMENTS FOR EACH PHASE AS REQUIRED BY GRANT FUNDING SOURCES, ONCE DEVELOPED AND APPROVED FOR LEGALITY. (COMP ANION TO ITEM 1 lB) (ED FINN, DEPUTY COUNT~ MANAGER) (DISTRICT 3) -MOTION TO APPROVE B~ '1) COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER HALL -APPROVED (COMMISSI Q R KOWAL OPPOSED Item#llB ~ INCOME SHARING AGREEMENT FO P;&; I, RENAISSANCE HALL AT OLD COU -, T THE FORMER GOLDEN GATE GOLF COURS E • ~ ATING SHARED INCOME AS FOLLOWS: 50% T <O NAISSANCE HALL AT OLD COURSE, LLC, 25% TO C IER COMMUNITY FOUNDATION, INC., A 53/o TO COLLIER COUNTY, THE PARTIES TO THE AG E MENT. (COMPANION TO ITEM llA) (ED FINN, DEPUTY COUNTY MANAGER) (DISTRICT 3) - MOTION TO A RO E BY COMMISSIONER LOCASTRO; SECONDED ~MISSIONER HALL -APPROVED COMMISSI CT R KOWAL OPPOSED ·· ~T~ERSON: That brings us to our 2:30 time-certain. a i: companion items, Item 11.A and 11.B. 11.A is to approve t e f o owing development related to the development of housing at the ~ormer Golden Gate Golf Course. One, second amendment to developer agreement with Rural Neighborhoods, Inc.; two , termination of Collier County standard form long-term ground lease; three, Collier County standard long Page 131 March 26, 2024 form --form long-term ground lease, (Phase 1 -essential services housing) HUD lease addendum, and Phase 1 easement; four, Collier County, standard form long-term ground lease (Phase 2 -senior housing) and Phase 2 easement; and, five, land-use restriction agreements for each phase as required by grant funding sources o ce developed and approved for legality. ~ The companion item, 11.B, is to consider approval of 4 income-sharing agreement for Phase 1, Renaissance Hall t ld Course at the former Golden Gate Golf Course alloca i ng hared income as follows: 50 percent to Renaissance H la 0 1d Course, LLC; 25 percent to Collier County --Collier ~om lfili y Foundation, Inc.; and 25 percent to Collier County, the par( es o the agreement. Mr. Ed Finn , your deputy county ma er, will begin the presentation on these two items. ~e 'i l e tarting with Item 11.A. MR. FINN: Thank you, ma'a m. ank you, ma'am. Appreciate that. Mr. Chairman, ifl may. ~ Last time we met o lf -\oject was February 27th, and on February 27th, the Board a . kind enough to grant a funding extension for the projec to today. I'm going t ot necessarily recite everything Ms. Patterson just said, but we d() • ave number of documents for approval today. The companion· mis Item No. 6. These documents, generally speaking, iH of reverse out the current lease on the entire parcel and s s itu e, instead, two separate leases. The two separate leases co i nc • d ith Phase 1, which is the essential --essential personnel or ess n ial workforce housing. The second phase, Phase 2, is for senior housing. Just a little timeline here. December of 2019 we advertised the ITN for this project. June 2020 the Board selected Rural Neighborhoods and directed staff to negotiate a developer agreement. Page 132 March 26, 2024 That developer agreement was approved on November --or in November of 2020. One of the contingent factors in that developer agreement was the completion of the zoning on the golf course to allow for housing. That PUD was approved on April 26th, 2022. On April 25, 2023 the Board approved a first amendment to developer agreeme , t initial long-term ground lease, which was a single lease for -{;Q h phases of the project, and $1. 5 million in SHIP funding. 0 On October 24, 2023, the Board approved the co~~~-L~~-ehensive funding allocations to support the Rural Neighbor .QQ , Inc., project. And as I mentioned before, on February 27th, e ar ' extended the financing deadline to today. Since then, on February 29th, Prude ,t{ 1 Real Estate, the underwriter for the loan, approved t e an . ount of $56,000 for the project and submitted a firm applieat1on or a multifamily housing project to the U.S. HUD. The de ~ olper has also obtained executed agreements under the U.S. HU c@mmunity project grant, $2 million; Florida SHIP ....... .,,.,,, 11ion; Collier Community Foundation and Moorings rk Foundation support of $10 million. Additional, Collier's Int -mational has issued a notice of intent to loan up to $10 millio s a secondary mortgage on the project. The BCQ as a proved awards of State and Local Fiscal ~~,,1,,..,.,nd the developer awaits preparation of the grant agreement i{j ose. The developer also awaits U.S. HUD approval on th -fi ,st ortgage loan guarantee, which it expects to obtain by or b or ~ay 30, 2024. he documents proposed for approval request to extend the fun 1ng commitment deadline from today to May 30, 2024, to accommodate those timelines. And if I may, a little bit on permitting. Submissions to FDEP and the South Florida Water Management District local building Page 133 March 26, 2024 department have been made and are in progress. DEP has accepted the Soil Management Plan that mitigates environmental concerns on the residential tract. SWFWMD is currently reviewing the Environmental Resource Permit. The application for a floodplain modification has been submitted to FEMA for review, and the 1t Development Plan, after a couple of submissions, I understan no has been approved. So having said that, just --I'm just going to take a over the first developer agreement. That modified so the terms , principally, and provided adjustments to Exhibit B, h. hare the units. It firmed up the number of units to 25 2 esse -i aI service provider units, which is Phase 1, and 120 senio u its, which is Phase 2. It adds lower-income units, whic e . percent of AMI, 50 percent of rent level, eliminates uni at the high end. That was a necessity for the SHIP financing , a~ nderstand it. It shifts about 35 units from 80 percent AM a d 80 percent rent to 120 and 100 percent rent level, a -cl it ·;t1 s approximately 142 units from 120 AMI/80 rent to 120 AMI/ rent level. So those --all thos e clianges at the time were presented as assisting and me • • g essential service personnel. Housing approached the m t -this project was developed under, and it also assists in the fin cing for the project. At the s • . e time, as mentioned before, we extended the --that was tlte ·nif • 1 extension to late February that subsequently has been -t oday on the funding commitment. is is just a little chart of what those changes to the housing units look like. So if we separate it by rent AMI criteria, you can see that the 80 percent and lower was 3 3 percent on the previous approach. It is now 20 percent with 22 units moving to the lowest --lowest tier, which is 50 percent. The tier of 100 percent to Page 134 March 26, 2024 what is now limited to 120 is, essentially, that essential service provider category. That moved from 67 and moved upward to 80 percent. The senior housing is shown just for completeness. That will proceed subsequent to the funding --the funding of this project. ~ Just to give you a sense of the Phase 1, the construction F , f orma looks like that. You can see the sources of funds are li tea at the top with the HUD loan, the SHIP grant, the Foundafo contribution. What's identified there is the cash flo u lus note is essentially interim financing a short-term loan to ,e:t ,ough the financing requirements here. The grants from the county there are the n x two. The HUD EDI grant was obtained by Renaissance -enaissance Hall or Rural Neighborhoods directly. Rural Ne i£ o n@ o s' voluntary loan is plugged into this, and you can see in e permanent total is the def erred developer fee, which is es e 1ally being held by the developer. The expenditures a n oted below. Again, this is the fu n • , ap proach that the Board approved last year and, perhaps, at the t • s the Phase 1 or the essential services that we're dealing with ow. Down below is the senior housing. And, grap ·,c ly, the Phase 1 commitment looks like this. If we were to so rce o t the 18.4 million committed by the county, that is the way it wo:uld source out. The surtax portion is earmarked for the pro ert a a the surtax was always earmarked --always earma:r e -!J oth for this project and certainly for housing in general. ~ ~ MISSIONER LoCASTRO: Mr. Finn, can you just go bac, one slide. I was looking at something, and then you switched slides on me really quick. It will just take me a second. I just wanted to refamiliarize myself with these numbers. Okay. Thank you. MR. FINN: So the key lease and development terms embodied Page 135 March 26, 2024 in those numerous documents you saw, this is a 99-year lease term --99-year lease term; 21. 7 acres in total. The breakdown for Phase 1 and Phase 2 is the second bullet. The nominal rent is $10 a year. As I noted before, embodied in these documents is a ~ funding --extending the funding commitment to May 30. T ,e county may terminate the lease if Rural Neighborhoods can secure a funding commitment for Phase 1. If the Board appro · • f is, that date would then become May 30, 2024. Phase 1 construction to commence within six funding commitment. Rural Neighborhoods i s req ·re to diligently pursue and complete construction within 24 m tli s rom the commencement of construction, and the R ase 2 funding commitment is required within 12 o :fi s ID btaining the Phase 1 funding commit~ent._ ~ The companion item --and I' t nng to attempt to roll these together a little bit just for orien a t on --is the income-sharing agreement, and this has t @ fl q:t the distribution of cash flow following project complefl . What's contemplated here is that cash flow being distributed fur 40 years, which is the initial term --I'm sorry --the initia oan from HUD, the term of that loan. Project distributions to he p ~rties in the pro f orma, which is subject to change, is appr imately $221 million over those 40 years. The 2 percent projected to be distributed to Collier County, agai , • th pro f orma represents $5 5 million. The same share is p -t e o the Collier Community Foundation, to the Rural Ne i ho orhoods' donor directed Collier County Housing Fund and the Rural Neighborhoods General Fund. Pursuant to the agreement, cash flow distributions will be utilized for the provision --continued provision of affordable --affordable housing. With that, I'll be happy to entertain any discussion, or we Page 136 March 26, 2024 could --perhaps if there are some speakers on the subject, we perhaps could hear from them. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. My first question is semantics. Shouldn't we be approving No. B first with regard to e extension of the financing before we dive off into this litany o, agreements in A? Because if we don't approve the financin approving these --,r 0 COMMISSIONER LoCASTRO: Doesn't matt t:~~ COMMISSIONER McDANIEL: --docume iit citJ esn't matter. MR. FINN: What you call semantics se · ms • ea logical --logical approach to me, yes, sir. COMMISSIONER McDANIEL: S0 I'm not sorry. I'm just asking that question. I as --it was curious for me. You know, we're having a --we'r hai in • a discussion about an engagement on a lot of documents tH t have --that are all triggered by the approval of the financing ~onstruction to start in six months, second phase constructio wi • 12 months , so on and so forth. And so I'm just won • g if it wouldn't be prudent for us to work on the extension o the financing first and then come back around to this a t i ave a discussion about that. MS. PA R e>N: Mr. Finn, the extension of the financing is embodied ." n tli e ocuments in 11.A, but we can discuss the extension of the finan _. .... ..,,.._ separately, and from there --roll from there. Bee e le 11 .B is the income-sharing agreement , which is d., 1n tl separate from everything else that's in 1 I.A. But to your po· t everything is driven by the extension of the financing. COMMISSIONER McDANIEL: That's correct. CHAIRMAN HALL: Well, if it pleases my colleagues, I would like to have the conversation of both together. We can ultimately vote on one or the other. Page 137 March 26, 2024 COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: But for the sake of conversation, I welcome any comments regarding both items. COMMISSIONER McDANIEL: All right. Do we --are we going to have a presentation by Rural Neighborhoods, or are we just going to be firing our questions to staff? MR. FINN: Mr. Kirk is in the room. I believe he's regi tered to speak. But, certainly, if the Board wants to address him irectly, I'm sure he'd be more than happy to respond to your ,tte ions. CHAIRMAN HALL: Commissioner LoCastr . COMMISSIONER LoCASTRO: Than ou, h irman. I might have pushed my button premature , , ecause after I pushed it, I looked at Troy, and I thought, 0 ay, do we have public speakers? Because when we have spe ers ~om the public, it sort of generates sometimes a change in , r qu stion, or it moves something else to the top. I'll just go on record and s . m a big fan of this project. I don't want to waste monet . n't want to do something stupid, so it doesn't mean we don't ta about it. But you dum this vroJect in 50 other counties, and they're dropping rose p • s at the feet of these folks. I'm not saying that means we aut~ atic ly rubber stamp this --and we get accused of it, and I've n Yer e nus rubber stamp anything up here. So if there's pencils to s a and, you know, I's to dot and T's to cross, then let's do it ut we've lost some good projects in this county before. W.e V€. q . purchasing land under Conservation Collier because we've dra g a our feet, and, you know, we split hairs on things. And in the end, you know, we didn't do what was best for the county and what was needed for our county. This one I start to feel like it's starting to feel that way. And you've got, you know, folks that could take a deal like this and Page 138 March 26, 2024 virtually maybe fit it in places other than Collier County. I'm not saying that that's what they're doing. But I'd really like to see us have a healthy conversation and have this thing move forward. And if there's --if there's concerns, you know, as we often do, we address those. But, you know, we don't do it at the sake of, know, ki~king the can, stalling the project, missing out on a~'\~ opportunity. ~ So maybe that's premature, because I do want to heaF ]2 blic comment. I do want to hear if they do have a prese at that maybe we haven't heard before. I think all of us h e -ent a ton of time with the folks in the audience here, you kno , -it you, Mr. Finn. So I don't think there's a lot of, you ow, ambiguity in this project, at least there isn't for me. r\ I guess, just since I have the m • c, 'l ~ one of my questions that is probably premature. But oan o go to Slide 6 that showed the change in the percentage of housnt g. So, you know, those are s st antial changes. I mean, we like to see that --you know, see·n g a 80 percent of the essential services housing is in the 100 --14 ercent. You know, you want that number to be lower, no ig er. But I'm sure there's a reason for it. I did ask tha uestion and got an answer in my office, but for the sake of go in o the public record , why that change? It's not ginormous bu it' noticeable, and it's not in the direction we normally Ii £ 0 see. 8 0 wh -ti s the short answer as far as, you know, was that --was t a p 0 f sharpening pencils and crunching numbers and some of the h • gs that we're going to talk about today required the team to make those number changes in a direction we normally like to see go in an opposite direction? You know, we like to see more units that are in that 50, 60, 80 percent AMI, not less units. What can you tell us, Mr. Finn? Page 139 March 26, 2024 MR. FINN: Two things. When it comes to the mix of units here, I'm ultimately going to defer to the experts, Mr. Giblin or Mr. Kirk. The 140 percent range was simply outside of the parameters that we were shooting for, ultimately, with this. So, instead, we wer shooting for more realistic numbers for essential service pro~ . And-- COMMISSIONER LoCASTRO: So those new n b s are --I mean, if I'm reading this right, they're at O for th e right? ~" MR. FINN: Yes, that's correct. =:;r-' COMMISSIONER LoCASTRO: So I'm -o of asking things I already know the answer to. But this slid is really key, especially, to make sure we all understand it. 0 , the final numbers in that last column can be concerning, h th en if you sort of peel it back a little bit, you start to understand o the math is being, you know maneuvered here. I'm not saying I stil l i, ut, you know I know that there's a reason for it. But seeing, au know, 0 in the 140 percent and the bulk being in the 120 to he --you know, the --in the 120 percent I get. But --and sorry I interrupted you, because you were basically expl 1 ing that. But go ahead. If you'd finish your thought, or if y 0 need to def er to Mr. Kirk. MR. LNW: No, I have. And I think, perhaps, we'll let the Qf eal with the actual rent parameters here. It might well serve ·11 le bit better than me. If that --Mr. Chair -- OMMISSIONER LoCASTRO: Or you could wait. You know, I mean, like I said, I just was here thinking out loud, and then I looked at Mr. Miller and I thought, oh, I bet we've got some speakers and, you know --but that may be something to just put in your back pocket so we're not jumping around, you know, from speaker to Page 140 March 26, 2024 speaker. But I agree with the Chairman, it's like, let's talk about this in one big entity rather than, you know, try to nickel and dime this thing. And it's one --it's one big muscle movement here. We're either doing it or we're not, or we're changing it somehow. But~ having said that --~ MR. FINN: No, I appreciate that. And I will --Mr. i linjust kind of reminded me of something. So when you look a tH chart, you'll see that all the way up to 140 was capped at 10 e,cent of the market rent --or the target rent. So right now the . • as that rent only applies to 120 percent. COMMISSIONER LoCASTRO: Twent • [ 1c percent. MR. FINN: Right. So it kind of c s that subsidized rent. COMMISSIONER LoCASTRO: a _ . CHAIRMAN HALL: Com is iorer McDaniel. COMMISSIONER McDANIE~. All right. My questions are --on the pie chart you had ~.1 illion appropriated out of sales tax money to offset the 1 Gt e ense. How did we derive that? I know this board --we jus proved a development down on 951 for half as many units for in: excess of $3 million on a smaller piece of property. How a d --how did we come up with the 4.25 appropriatio 'o that? MR. INN· So that was historical cost, plus the cost of money on the --on F oan used to acquire the property. 0 • SSIONER McDANIEL: Okay. Do we have fl iBi h W in our management of the return for the sales tax money or the t • ization of the sales tax --it just seems to not be as equi able --it doesn't seem to be equitable to me for the value of this piece of property. MR. FINN: Well, that does represent the cost, the cost to us, and that is --that is essentially fixed at this point, and -- Page 141 March 26, 2024 COMMISSIONER McDANIEL: Okay. MR. FINN: --I don't know that it's necessarily going to answer your question, but we did meet with the surtax committee last week. We had a robust discussion over this and, ultimately, they did --they did approve the use of this money in this amount. '· COMMISSIONER McDANIEL: All right. I've got --,~~}'a few other questions -- CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: fire them away. There's some discussion in the litany of a r ee n s with regard to the developer's rights of subordination. An I clarified it with the County Attorney yesterday. But just for tli e record if, Scott, maybe you can just reiterate what you said ~i , e a d to the language in the agreement with regard to the subor ain w n. MR. TEACH: You can --u an't lien public real property. So you can't get financing, yo an' get a mortgage by using the county's public property ou o can get financing on the leasehold interest, on the rents that a e. erived from the leasehold. So to the extent --, hen you read through the agreement, there are references ta portunities to get mortgages or financing through using the lease old i;nterest. That is lawfully acceptable, but they cannot lie . aga ast our public property, our real property. COM IONER McDANIEL: So, basically, it's a subo F i at~~ n for the leasehold interest and not to the --not to the re f tate. R. TEACH: Not the real property. COMMISSIONER McDANIEL: Not the real property itself. MR. TEACH: Right. COMMISSIONER McDANIEL: The other question that I had had to do with in the event of a natural disaster and a destruction of Page 142 March 26, 2024 the facility. It seemed that the developer had the choice to --and this may be a question for you, Steve. It seemed that you had a choice as to whether --if it was equitable to fix and repair with whatever revenues, insurance and FEMA and such, that you had availed or not, to do that. ~ And I guess my question is, if not, then what happens? '\. , 11 owns it? How do --if it wasn't equitable for you --and it's a~ urning the developer is still Rural Neighborhoods or Renaissan ei a whoever the developer is; that if --if you chose not t , , ~ere does that put us? Where does that put the county as fa a t e ownership of the facilities goes? Yeah, sure. You can come up. MR . KIRK: No, no. If you'd like, ve it. COMMISSIONER McDANIEL: Ii ill be fine. And, you know, my last ques1t · on: to onder is the revenue sharing extinguishes at 40 years,. a d a like an explanation as to what's the trigger date there a w , t happens. Again, we're out 40 years from now on a pro 'l'>llN liat we're hoping comes to fruition during that 40-year period. ut what happens --because this is a 99-year lease, and these units are going to be held in some form of affordable statu that term. So my --ust - I wanted to know the rationale about the extinguishment the revenue sharing at the end of 40 years. That's . ''ve got for now, sir. ~~;K-.J.., : Very good. And I think those two questions --He 1rst one may well be Scott and Steve but, certainly, the seco one is for Steve. Should we allow Mr. Kirk to -- CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL : Are you good? MR. TEACH: I guess what I would add to the --to the question regarding the insurance proceeds regarding if there's a Page 143 March 26, 2024 natural disaster or whatnot, the county, we can't insure a private entity. Lawfully, we can't do that, so we require them to hold insurance on the property. So if a situation comes up where the --whatever they've built is so destroyed beyond repair, they're going to have obligations, an ct would assume HUD would have priority over the county. An he's not going to be able to walk away with the proceeds of1:h insurance because HUD is going to be stepped right the , a 1ng, you know, you need to pay us back first. ~ COMMISSIONER McDANIEL: Right. MR. TEACH: So this is not unusual int ese p of agreements where you have a situation where, ou. know, there's an examination of whether it's beyond repair and at that point the proceeds flow back to the develope ~ w o ,. i t m, is going to have to pay his financing people back, or i • • s i;epairable, the proceeds go directly to making the corrections n repairing the facility. CHAIRMAN HALL: Com ·ssioner Kowal. COMMISSIONER , ~ ~-: Thank you, Chairman. My colleagues and m ~ lf are going to ask a lot of questions. There's a lot of movin parts to this. I came into it last year; didn't know a whole lo hat was going on the three prior years. And I know we're in our fo, rth year now. I mean ul1i:mately, I think the whole idea of this whole project --a , , e all agree --that it's to get affordable workforce hous i . -~p ~ few of my questions are just going to be pointblank, getting to t e point, basically to the end of the road and what we're looking at, because today I saw these numbers with 120, and you're looking at 80 percent at the 120. So, Mr. Finn, do you know what the AMI is --or the average income in Collier County is? Page 144 March 26, 2024 MR. FINN: I do. I actually have a slide in here with --the same piece of paper Mr. Kirk just handed me. A little bit of a test here. COMMISSIONER McDANIEL: Yeah, I was thinking, you know what buttons to hit. ~ COMMISSIONER KOWAL: This all comes down to i .~ MR. FINN: So the --for instance, if we go at 80 percen -- COMMISSIONER KOWAL: No, the majority 0£ r apartments are at 120. So let's just --let's start with ,, a the average income in Collier County is, and then we'll go --w • d the additional 20 percent to find out what numbe ·:S le t o achieve. CHAIRMAN HALL: A hundred grand. MR. FINN: So for round numbers, 're at the --the average is about $100,000. • COMMISSIONER KOWAL. &Q al5out $100,000. I see we have a representative from the Sh eri f~s Department here. And I don't know if you want to joi t-n is e onversation or not but, I mean, you could probably shed -() e 1 ght on what a deputy sheriff makes in Collier County. UNIDENTIF ED -ALE SPEAKER: Not starting at 100,000. COMMi gsIO NER KOWAL: They're not starting at 100 ,000 , right? So tha at this all comes down to. I'd like to have 80 p occ.ent o f them apartments affordable for our essential personnel , o es e tial workforce, but I don't know if we're getting there. I'm tryi o wrap my head around it but, you know --like I said, we're going to talk about a lot more moving parts here, but I'm talking about the end of the day , you know , the end of the road , where we get. MR. FINN: I appreciate that. I think we're going to let the Page 145 March 26, 2024 housing experts work in here between Mr. Kirk and Mr. Giblin, and I'm sure they'll be able to respond. MR. GIBLIN : So on the visualizer, we've put a little bit simpler representation of the income and rent-limit chart. For the record, Cormac Giblin, your director of Housing Po and Economic Development. ~ One thing to keep in mind of this development is that wh:d e in portions of the units the incomes are regulated to the 12 e cent level, the rents are regulated at the 100 percent level. although a household may be able to earn up to the 120 percent ir rent is still going to be capped at that 100 percent level to _ aK hat it's more affordable than what would be otherwise rate out in the community. Q And so you can see the way the in Gm 1mits are calculated on a household basis, it goes by how , a ~ eople live in the home. So at even --let's just take the 100 e1tce Rt row, a single person, that income limit is $69,890 a year. "a household of two, a husband and wife, or a parent and -a i gle parent and a child, their incomes would be capped at 79,89 . So I think, Co missioner, that's where you're getting more to the essential se i e personnel, the Sheriffs Department, the teacher. So you have t Eeah e that it's on a per-person basis. CO IS~ ONER KOWAL : Okay. MR. ID N: So in the example I just mentioned, the units at the to t at re going to be offered here, their incomes would be ca pe ~ the 120 percent limit, but if we slide over a little bit, you can see that their rents would be at the 100 percent limit which, in this scenario, would be $1,797 a month for a two-bedroom. COMMISSIONER KOWAL : Go back to the left again. COMMISSIONER McDANIEL: Just make it a little bit smaller, Ed, if you can. Page 146 March 26, 2024 COMMISSIONER KOWAL: Yeah. You're at 80. You were at 80. That's what I thought. You were four rows up. Go three rows up and give me that number for a two-bedroom. That's $2,247. That's more than a three-bedroom house at $300,000 [sic] a month with a mortgage at 7 percent. ~ MR. GIBLIN: And that's --that's what it would be for a ~ two-bedroom at the 100 percent rent level in this developme t COMMISSIONER KOWAL: I'm just trying to get t o he point where this is --I'm trying to get the public to see wh ' e really looking at, you know. This is what's important. -se at the end of the day we want to be able to have our teachers, r firefighter, our entry level. The ones that are established her are established here. It's retention. That's the whole idea, retai ng hese good people here in Collier County to serve us t(l ta o~e the next generation and when they're starting out. And I can guarantee the Sher ' ff s Department don't make $69,000 year one, even a single ei; on. So that's what I'm t~ o get at. I'm trying to find us that happy medium where we'r getting reality here that these are going to be affordable for the wo kforce. MR. GIBL , • Yeah. And then just to summarize what's proposed her t ere re going to be 22 units at the 50 percent of median le \[el -- COM IONER KOWAL: Okay . ....._~~,, .... .LJLIN: --28 units at the 80 percent of median level , and t €n 2Q1 units at the 120 percent of median income level but capped at t e 00 percent rent, in addition to the 120 very-low-income senior units in Phase 2. MR. KIRK : If the Board would indulge me, Steve Kirk with Rural Neighborhoods. The goal of this project at the outset of the ITN was to serve Page 147 March 26, 2024 both affordable and workforce, and workforce was described to us as being those persons who work in healthcare, those persons who work in education, and those persons who work as first responders or as police officers in the community. So let's take a teacher, for a moment, in Collier County. Hi her starting salary today is $54,000. At that $54,000 level --a looking at this screen, Ed. I don't know if you could put it ,}j aok up --the 80 percent level is $55,000. So we are there. 0 COMMISSIONER KOWAL: How many units ·:s 1lat? MR. KIRK: At --~" COMMISSIONER KOWAL: At 80. ~ ~ MR. KIRK: --80? There are 28 --.\ : COMMISSIONER KOWAL: Twe~~-eight units. MR. KIRK: --and 22. But that eac e, is under that 80 percent level by approximately tho _ sand dollars. If that teacher has any other income, investment • c@me, they're going to be at the 100 percent level. COMMISSIONER , ~ ~-I hear what you're saying, but what I'm trying to say is i 're truly going to enter into a project in a partnership to do this, MThy is the largest portion at the highest level when we know t t teachers, nurses, administers, people who work in the hospital, tke h febotomists, the X-ray techs --deputy sheriffs probably one o the highest at starting, those are even lower, and we're only ov1ding about 50 units out of how many that's affordable for t , ersnn starting out? . KIRK: Respectfully, I disagree. OMMISSIONER KOWAL: I don't think we're hitting the target. MR. KIRK: Well, respectfully, I agree with the premise. That's a single person. If a teacher has a spouse, partner, male or female, who's working in another job, they need that 100 percent Page 148 March 26, 2024 limit to be eligible because they will not be below 80 percent with any other income in that household with a $54,000 starting range. They will be above the 80 percent level and ineligible for the 80 percent limit. For a family of four, yes, the 80 percent limit is 95,6---or ~ excuse me. A family of four is $79,840. A couple with ~ <"t), incomes, one of which is 54,000, are likely to exceed that. So the sweet spot in our conversations with healthc, e, : chool board, and others in getting to these numbers, which ,, negotiated with us by the assistant county manager and other -t fi ·nitially on --not really our numbers --was that you need t a{ 8 • to 120 percent income to accommodate the work£ r e t at the Chamber of Commerce, that the school board, and t th'.e --and that the Naples hospital system and others ~a i ~ er to accommodate those healthcare educational workers~ And so very few of those peo12 le re going to be a single income with no other additional inco • heir household, and that's where that range of 80 to 120 p~N € . ·: really, we think, the sweet spot of the project. COMMISSIONE K WAL: So how many of the --set at the 120 --we'll say . 1 to 120, which is the 80 percent of the units, how many of the a1'e tw -bedroom plus? MR. KI : I can tell you. Just give me one second. One hundred si t; -€1ght of the 252 units are two-bedroom plus. OM SSIONER KOWAL: I'm trying to accomplish a goal R. KIRK: No, no, I understand. COMMISSIONER KOWAL: We all know what we want in the end, you know, and sometimes these numbers, when I look at them, I don't get a fuzzy feeling about it. I'm just telling -- MR. KIRK: And, again, I'm not an expert in the Sheriffs Page 149 March 26, 2024 Department. COMMISSIONER KOWAL: But I'm not saying --I just picked them because I'm familiar with what they make, you know, and I know the struggles they have retaining new, young people to this area. ~ MR. KIRK: We've done a similar project in a different c~ • ty trying to serve firefighters. The average firefighter in that e nty makes over $100,000 a year with overtime. They wou d a ely be eligible, even at the 120 percent rate, if they have tha _,,,_ ... .,._,~"""'h overtime income, as they traditionally do. And so, again, Rural Neighborhoods ente e i o this project with a proposed amount of units between 60 --e ween 80 percent and 120 percent at the ITN. We sat dow nd ave always been flexible with the county staff and the P. r a sector and directing where these units need to be hit. ~ We, basically, had a moment ·n ime with the county in which, because of county grant requirements, they wanted us to shift some units down from 60 to 50 ercse \t, which is one of the evolutions of this. We accommodated t t. It helps them with meeting their grant goals. ; We did, the ave some income units, and we lessoned the number of 80 ercent'units in order to make up for the income of going fro 60 to 0. But, rea 1si1cally, we think the marketplace is within this 80 to 120 p oen ·rwe want to retain teachers as they grow and get two or t . -e e~rs of service and their incomes exceed the 80 percent limit. ......,.ciid I think that's also true with healthcare workers. Our one heal hcare worker, who will basically start to hit the 50 percent range and we think will be accommodated by that, is a certified nursing assistant, that person who is basically a caregiver without significant credentials. But, again, if you go into the medical technologists and Page 150 March 26, 2024 those ranges, those ranges today --hospital system may be able to testify to it. Those are generally above this $55 ,000 limit for a one-person household. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Mr. Giblin, how long have you been with us? MR. GIBLIN : Well, altogether, about 17 years. COMMISSIONER SAUNDERS: Okay. And yo these meetings. You've attended multiple meetings i · office with the group on this project. You have a good an of what we're trying to accomplish; is that accurate to a ? MR. GIBLIN: I'd like to think so, sir. COMMISSIONER SAUNDERS: O· ay. Well, I've asked you --or somebody. I say I've asked ou. think I asked you to take a look at the market rates that r o t there, because I know you do that on a regular basis because , o ave to compare those market rates with these affordable rate . And give me a little lft 0 , n explanation as to where the market rates are for these two-thr€e---well, one-, two-, and three-bedroom units, and then I want to asR you some pointed questions concerning our goals. A MR. GI ~ lN~Yes , sir. Part of the a alysis that my office does is, at least once a year we do a su • of every apartment complex in the county, both Napl es an mokalee . We call every apartment complex. We s , 'R w many units do you have available? What are you cu e ly charging for them? How many one-bedrooms, two-edrooms, and three-bedrooms do you have available today, and what are you charging for them today?" What we find is that --it's the same answer almost year after year, and I've been doing this same survey for about six or seven Page 151 March 26, 2024 years --is that the availability is zero or close to zero at the lower ends, and you start to find a little bit more availability at the higher ends of the rents. COMMISSIONER SAUNDERS: Define when you say "lower end" and "higher end" because -- MR. GIBLIN: I'll break it down by income category. Sa the very low --at the 50 percent level, at the 80 percent lev • , n the 120 percent, and then even above that we have mark a: e. We see very little vacancies at the low ends and tlJFt€ moderate vacancies at the higher ends. But when I say "hi h · m.ds" --I have the most recent survey here in front of me --we!re t king at two-bedrooms that don't even approach $3,000 mean, they're way higher than $3,000 is what -- COMMISSIONER SAUNDE S: i e s a range. When you say "way higher," I mean, is that 5,00t)~ or is it 3200? I mean -- MR. GIBLIN: It's about 3200. 'm looking at the list right now. That was the survey tha as done this January. There are several in the over $3,000 nge for two-bedroom. So anything that we can add to the market tn a is on the lower end, less than those, would help with o r af£ rdability issues. COMMISS ER SAUNDERS: What about the three-bedro MR. Som The three-berms are --they're in the 4,000. :€ 4,000s. ~:;;,,ii.SSIONER SAUNDERS: And so you know what we're t ·n t accomplish, you know the income levels of these various typ ,s f employment. In your opinion, are we --does this project mee our goals? MR. GIBLIN: I think that this project, when you look at it in its totality as not just the essential service personnel phase, but there's also the senior phase, which is completely very low income, yeah, it Page 152 March 26, 2024 is meeting all of the income targets that the county likes to hit. And then specifically when we zoom in on the workforce piece -- COMMISSIONER SAUNDERS: I want to deal with Phase 1, because who knows what's going to happen with Phase 2. MR. GIBLIN: Yeah. What we called it is deep targeting~ They --as Mr. Kirk mentioned a minute ago, in exchange for Sel 1 :c of the grant funding that was approved for the project last yea 1 ey agreed to actually lower some of the units down to that 5 12 rcent level, and that's --that's really unheard of out in the a ~-Again, the survey we just did, zero availability at that ve cy;-l o -income level. So 22 units hitting the deep targeting o tlia 1 ng with the other 28 at 80 percent, those are hitting a real s eet pot. And then through the partnership --lic 7private partnership with the Community Foundation, the h it 1 and others, those are the ones that are clamoring for th p s f units that make up the balance of the project. COMMISSIONER SA .-=-.----sc, .. --:-'RS: Mr. Giblin, do you evaluate these types of projects i ounties? I mean, are you familiar with what's going on in Le ounty and other counties? MR. GIBLIN: I h , ve --yes. COMMISS ER SAUNDERS: And can you --and I've not asked you thi ues it)n. I don't know what the answer's going to be, which is ays little scary, but we'll find out. Jp)inion --because you're our expert --how does this are with other projects that you've observed around the I think this is a very unique project. And I thinl<: even as Commissioner LoCastro mentioned a few minutes ago, that other counties would love to have a partnership of this magnitude unfold where the county is a partner, the private sector is a partner, the philanthropy is a partner as well. Page 153 March 26, 2024 COMMISSIONER SAUNDERS: "Unique" doesn't help me out a whole lot. I'm trying to find out how this compares with other projects in terms of the rents and the community that's being served by it, because that's what the ultimate goal is here. Whether it's unique or not is not important. What is important is are we mee t" the goals, that you are aware of, and how does that compare other projects around the state in terms of meeting those ty goals. And we're looking specifically at the mix of rent . MR. GIBLIN: Right. I can't answer exactly w a he income breakdowns are in other counties. Perhaps Mr. K ir. c , because he works in multiple counties in the state. I can oust g o record that this is --again, I'll use the word "unique" with tt e wnole community coming together to try to find a project th ~t an please many, many different chiefs. • COMMISSIONER SAUND ERS : o I'll just ask you just one last question then. In your opinio°" this a project we should continue? MR. GIBLIN: I thi ~ ~es. COMMISSIONER DNDERS: And I want to ask Mr. Kirk some of those sam que,stions when I get another opportunity. Thank you. Thank, t Cn a,· rman. CHAIR.MA HALL: Commissioner Kowal. COM IONER KOWAL: Stay there . ......_~~iBLIN: Yes , sir. MISSIONER KOWAL: Are you familiar with Ekos? R. GIBLIN: Yes, sir. COMMISSIONER KOWAL: You are? MR. GIBLIN: Yes. COMMISSIONER KOWAL: Okay. Did Ekos get any donations for their project -- Page 154 March 26, 2024 MR. GIBLIN: Well, there are two Ekos developments, but the one -- COMMISSIONER KOWAL: How about the one on Santa Barbara? MR. GIBLIN: Okay. The one on Santa Barbara receive philanthropic donations, but they received some county assist , ne . COMMISSIONER KOWAL: Yeah. Well, it was a partner --public partner [sic] partnership with a piece o ~ o erty similar to this. MR. GIBLIN: Right. COMMISSIONER KOWAL: Are you f-ami i 100 percent of their units at 80 percent or lowe ·: MR. GIBLIN: Yes, sir. COMMISSIONER KOWAL: • S . o a e familiar with that? MR. GIBLIN: Uh-hmm. ~ COMMISSIONER KOWAL : S'o are you comparing that to this project here? When you got(7 -en Commissioner Saunders asked you questions about proj~·et> --nd this is at home. This is one of our own projects. That, -0 know, you're correlating. How can one do it over the other and not receive philanthropic money from outside and just do it thn~ gh partnership with the county and the private developer? MR. GIB : When we look at the housing need in the county, we _ ee a spectrum of need from homelessness -- OM SSIONER KOWAL: Now, my question wasn't that. 1\1;. q es)i:on is how one can do it and the other can't. R. GIBLIN: Specific financing that Ekos applied for was the Housing Tax Credit program, which not only requires units to be at that level but heavily subsidizes them. So the financing mechanism used in that project availed itself to provide units at the 60-percent-and-less level. Page 155 March 26, 2024 COMMISSIONER KOWAL: So is that --do you think that's a --that unit is successful? Do you think it was a good project? MR. GIBLIN: I think it's very successful. It's also very competitive, though. COMMISSIONER KOWAL: Is it unique? MR. GIBLIN: No, that one is not unique. COMMISSIONER KOWAL: Okay. Thank you. CHAIRMAN HALL: So I'm all about affordable hous·ng. I'm all about it. I wish we could have had this discussio ~ 0 ¥ years ago and we already have units coming out. I don't like the deal; I'm just going to say it structure of the deal. I don't like that it's non-J5 , r-rofit that has no tax base. Taxpayers are on the hook for, Pnase 1, $18 million. Yes, you're going to get a $10 million o a • an from the Foundation and --but when I found out that th1 :ro erty --and we still --the taxpayers still owe $26 million on h golf course, in addition to all of this. Now, it's not fair to t l tn at $26 million against one project. We've committed to the ve e ans nursing home. We've committed to the golf course. But there --it doesn't matter. I'm not saying that each entity oug ~ o pay that portion. I'm just saying the taxpayers, in addition to v ry h1ng else, is on the hook for $26 million, m-m-m-m· lio . And t , • not personal. If anybody can appreciate the work that g e , in , it, I can. I know exactly the pressure, the meet --the t • ng th)rt come up with lenders, the requirements, having to jump thr u , hoops to meet all that. I get that. I understand that. But when it comes to --you know, we --I agreed to extend the financing back last October, and I said then I'm not going to be a fan of extending it from there. I was okay with the patience of this project. I mean, here we Page 156 March 26, 2024 are, we're almost five years down the road, and it will be another three years before we get any rents coming in. Just hang with me while I just talk out loud a little bit. I don't want to miss anything, or I don't want to miscommunicate. We don't really have a real commitment for Phase 2. We good intentions, but the real commitment is not there. So we morphed from 300 units originally to, in Phase 1, to 252 un it--s. wouldn't --I'm not going to --you know, the argument o 80 percent, 120 percent, blah, blah, I'm not going to even --that ,-oesp:'t even count with me. In this income-sharing agreement, taxpa~ rs a -utting in 18 million, plus 26 million in debt. That's jus eality to the taxpayers. But let's just count 18 million. The Foundation's putting in 10-, and yet the income sharing -. w. 11:e o ·:ng to share that equally, 25 percent to 25 percent, ~ tna s not even going to start till, estimated of 2032. That co 1 8 ' 038. And so the taxpayers are o t e hook for this money with --I would at least think that • oou , get comfortable with this deal, that that share should be 20 peF ent/30 percent whenever it starts just based on the amount of money that the taxpayers have kicked in. I don't --mt ther thought was this: I don't want to feel the pressure of a _ arad1s e sports complex; that we're so far down the road that we hav e to ~ forward. I wan to ,,-when I leave here --it could be four years, eight year , 1 l , rs. Whenever I leave here, I want to know that I f o owe my heart, that I made a good deal for taxpayers, that I rep esented them well, and that I didn't just bow to the need. I mean, we have a great need for affordable housing in this county. Commissioner Kowal mentioned Ekos . They've got two projects. They've been successful. Yeah, they got different financing, but that's not the taxpayers' business. That's your Page 157 March 26, 2024 business. I just don't want to feel the pressure to go forward with something that's not a good deal for the taxpayer. There's some other things involved in these documents. The LURA, you know, that seems like we're going to limit land --lan use based on things we don't even know yet, things that migh be --you know, that might be coming. I could get more de a•, e about that, but I have to look --I'd have to look at the doc ments. I was reading them this morning. We have a 99-year lease for land with a 40-y:~a~ emmitment for payback. The only person that's going to be ali Ye ·s C Saunders. But-- COMMISSIONER LoCASTRO: e ~ver ages. COMMISSIONER McDANI>E ~. eah. CHAIRMAN HALL: I just -t ose are my thoughts out loud. I'm not opposed to the de at "'wish the deal could change. I don't know if the hand w o c \d to go non-profit, if they were dangling the money like, ' u either do this or we're out" --but it seems like it is profit bee ause there's going to be revenue sharing. So just call it --y u can call it non-profit, but you can call it positive revenue. It's the same thing. It's just words, and those words matter. The dea matters. So if t ings could change and it could be better deal for the taxp a-1 e s could --I could be more comfortable with this . I'm not a fa H o~th)Y deal the way it is right now. ommissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I just wanted to make one small reminder. I think it's dangerous to be, you know, comparing --I'll say this: We need to make sure we're comparing apples to apples. Page 158 March 26, 2024 So I understand --Commissioner Kowal and I were at the ribbon cutting at Ekos. Amazing. Wonderful. Oh, my God, we were touring these incredible apartments. They're all 100 percent affordable. And Cormac did touch on it. I was about to chime in and sa oh , it just wasn't --it just wasn't the company and then the co n . They got unbelievable amounts of help from some state prgi-t: ms. But every project's a little bit different. So there's goin~ t o e some projects that are amazing and wonderful. None ofus e e want to vote for something that's a bad deal. And I agree with Commissioner Hall, I d that, oh, well, you know, some people that wer o r predecessors here got us into this, and now we've got t ~~ of swim our way out ofit. • ~v This may not be the best, mos ama 1ng deal that Collier County has ever done with housing. I wa r a ly impressed with Ekos, and I hope we can do more or those. B 1:, you know, every project's not going to be able to be tha. r is a totally different thing. This is apples to chairs, you kno 1 oking at those other projects. So some of those _w;oj ects that we think are huge successes, 100 percent affo able, we should be going out of our way to chase those things d-0 n. Eut the combination of this one --you know , "unique" p oba isn't the best word. We want to hear that you say it's a --it's a :vantageous. It's a positive. It's beneficial. I mean, you . ow: -and I think you kind of meant that. I don't want to put w -a s i our mouth. is one is very creative, it is very unique, but it has incredible benefit, in my opinion. It doesn't mean it can't be tighter. I've got some concerns as well. I think it's headed in a better direction. But nobody's going to come in here and build affordable housing for free. So, you know, when we sit here and say, well, Page 159 March 26, 2024 there's some revenue to be made here, the folks that built Ekos are making money, okay. They didn't build it for free. They weren't a church that came in here and built 100 percent affordable housing and then they walked out and lost money. I'm looking at what it brings to the community, the amount of units. ~ And the other thing I'll just say is --and I hear this a lot • district when people talk about first responders and teachers a d sheriffs. I get a lot of, like, blue-collar workers in my • . tri t that say, you know, my neighbor's a sheriff and makes un r $,100,000, but his wife's a nurse at Physicians Regional. I'm .,lch.~v,"ua,·ter, and my husband is an out-of-work auto mechanic. So it's really more about AMI and not so -u --but it also is about the first responders and the folks th are our front-line workers, because as Sheriff Rambos s 1td 0 _ • time when he was in here, we're losing those people. S e have to do a little bit of both. I mean, you know, this project wil 1 a .. o help the waiters and the mechanics and the folks that do H blue-collar jobs downtown. You know, I look fo o put some tighter polish on this if we think that it could be, but a. n't think this thing is a total dog, it's dead in the water, and, ~ou ow, we should walk away from it. And I haven't he ; td anybody say that. But, you know, I think all these aff or dab ~ ousi ng projects, none of them are going to be, you know, charity ~ects. They're all going to have some sort of financial g in or the people that are involved. It doesn't need to be a cash QW bu, certainly, you know, it's going to be something that's goi ng ,o generate revenue. ,~ciid, you know, my last comment is everything can't be Ekos. And also, too, as you know, Cormac, Ekos took advantage of some incredible state type of things that this project is --this is totally different. This is apples and chairs. But the end result is we want more affordable housing, and we Page 160 March 26, 2024 want things that are in that 80 percent range and not so much pushing on the 120. I think this one is closer than what it has ever been, and so I hope we spend today to not sort of kick everybody back with 100 homework assignments and watch this thing continue to, you krio w just smolder and not move forward. 'bw I certainly don't want to vote on something that I don't ~tn· K is ~ignature ready, but I think it's pretty close, and I like t1lf 0 improvements. ~ ~ I mean, you know, we all met separately wit inn and the other folks in the audience here, so I won't, you kn~ summarize what we heard, but I like the direc d;, n it' heading. It certainly is much better than it was, you 1'C9~ six months ago or, like you said, maybe even years ago, ~ V But let's make sure we're com a~·n -apples to apples. There's a few projects in the community tha w tt 're all really proud of. They all can't be this. This one's --s ome issues because way back when, you know , the 26 m i11 on was spent and some other things were done previously that ke this maybe less advantageous than an Ekos, but, you know, th y're two totally different projects. But in the e 8 , if they bring us affordable housing at a price range that, yo o , an expert like Cormac is shaking his head saying, w , a ~ you know, county would love to have this --and I guess my last aomment county would be, every county is different. And 80 bis -you know, this project would be a total dog in some co n f es , nd in other counties they'd be salivating over it. ,~siid so, you know, we have to look here at Collier County. You know, we can all name a dozen counties where three-bedroom rents aren't $4,000. So this is a unique place in the sense that, you know, projects here that are going to be very successful may be dogs at other places or they'd be incredibly amazing. But I'm just looking Page 161 March 26, 2024 at Collier County and also trying to compare it to equal things. And I think that's what we pay Cormac to do is give us his recommendation because this is what he's doing for a living. And I like the conversations that we've had and how I've seen most of the numbers go. So I hope we can work through this because I think this is a -1s a project that's sitting here on the drawing board. And I'm flQ saying it's perfect, but, you know I hate it a lot less, right, Commiss oner McDaniel? And I actually like it a lot more , so I'm -G know, I'm supportive of it, but I still think we can, you know , the expertise of my colleagues here to see where the long P' les a · i the tent that would make us more supportive of this or relie e s of some of our concerns. CHAIRMAN HALL: Comm·ss· er · ,cDaniel. COMMISSIONER McDANm ~. ves. I also caution to the comparison side of things, becaus e ; ry county has a different AMI. One of the things, Com • s ianer Kowal, we need to remember is these --these rents are ,, o s \ old of four , potentially, that accumulate up to these inc e levels to tie into the affordability aspect of this. ; I really wa to --you know, and I was the first one that --I mean, I broug t up kos when we were talking about the land valuation. An e other question I had on that land value, does that 4.25 includ 66tt phases for the entire tract of a land? MD . : No , sir. The -- MISSIONER McDANIEL: So there is more money that b appropriated for Phase 2 whenever it comes along? MR. FINN: In order of magnitude, that's 4. --4.6, 4. 7 million all in. COMMISSIONER McDANIEL: Total, TPC? MR. FINN: Yes. Page 162 March 26, 2024 COMMISSIONER McDANIEL: Total. And this is another half a million or so in there for that. MR. FINN: (Nods head.) COMMISSIONER McDANIEL: The reminder I want to share with my colleagues --because I see this coming as a potential template. You know, Cormac used the work "unique," and i w; satisfying to Commissioner Saunders. But I see this as a tem ate for our community to make investments in housing affo alf lity and have the opportunity to see those investments back. And in this particular instance, there's a disbun ,e · nt of revenue sharing going forward. Assuming the pro f o as cl the stars all line up and everything comes to fruition, there' an opportunity for disbursement of revenues in other arenas , tth t e Community Foundation and other philanthropic r r . a '..!3:a : ons that are helping with this. ~ I don't even remember a deve o]Je r offering to give our money back, ever, taxpayer money. -~· ..... ...,.-,so I see this as --assuming we can work through some of th 0se t c \ icalities, I see this as an opportunity to utilize as a template for government to be making investments of taxpayer money for the support of housing affordability for specific targete and, again, we can't pick employees of the hospital or empt ye es of the sheriff or --we have to stay in the AMI range wit rega to what folks actually do. But I ~,e this as an opportunity for our community and be uniqu t see --to at least have an opportunity --I mean, again, we al e l -wi th pro formas, but I --I like this --I like this development fro di e premise of we have an opportunity to get taxpayers' money back\ plus. And we can designate --we, the county, can designate where that return of investment comes to any potential profits and how that money's going to be reinvestigated back into our community. Page 163 March 26, 2024 And I see this --assuming we come forward with this, I see this as an opportunity for a model for our community to be using so that other developers that are watching and listening start to build in those --in their pro f ormas the return of the investment of the government subsidation [sic]. _ ~ MR. FINN: Thank you, s1r. ~ And if I may, Mr. Chairman, I'm just looking back in m~ , otes, and there was a couple of questions posed that we were 1 ()i gg to have Mr. Kirk respond to. Would that be appropriate at t i int? CHAIRMAN HALL: Yeah. Let's hear wh . t Kowal has to say. ~ MR. FINN: Yes, sir. ► ~ 1 COMMISSIONER KOWAL: Tha~ ou, Chairman. I had two of my colleagues her; -i f' , out the difference between Ekos and this particular p gj ©.c What is it, apples/chairs, chairs/apples? I don't know; wha ev he uses. We're going to go back i • s ()ry. I wasn't here in 2020, but staff was. Can we gob -e-. , ' t1tr nk, when there was a committee set up for this particular proje e.t and who'd that committee pick overwhelmingly to do t is project? MR. FINN· 'm not certain. I think it was McDowell. McDowell. CO ER KOWAL : McDowell? MR. ~: McDowell was ranked No. 1 in the ITN, yes. 0 , SSIONER LoCASTRO: Ranked No. 1? PATTERSON: McDowell. OOMMISSIONER KOWAL: McDowell. MS. PATTERSON: McDowell. COMMISSIONER KOWAL: Who built Ekos? MS. PATTERSON: McDowell. COMMISSIONER KOWAL: McDowell built Ekos, correct? Page 164 March 26, 2024 Like I said, I was not here in 2020, so I don't know what swayed the Board here back then that got us here today. But I know we want to keep saying that we shouldn't compare, but in reality, if the Board picked who they were suggested to pick, we probably wouldn't be here today, and we wouldn't be comparing apples and oranges d chairs and whatever we're doing. ~ So that's all I'm saying is that, evidently, Ekos knows ho to play the system. And another good thing about Ekos, t ~ , ay taxes. COMMISSIONER LoCASTRO: Absolutely. COMMISSIONER KOWAL: They're not a that's a service to our citizens. COMMISSIONER LoCASTRO: Eve 't be Ekos, though. COMMISSIONER KOWAL: .It ave been in 2020. COMMISSIONER LoCAST~O. ut we're here today. COMMISSIONER KOWAL : I Know. But I'm just trying to remind you guys of a little hist ere that -- COMMISSIONER o.---....~~.,L IEL: I was here. COMMISSIONER AL: --there was some reason that it was swayed to go with --not go with Ekos who got, I think, nine out of the 10 points ·n that committee and were ranked No. 1 in moving forward. CO IS~ ONER McDANIEL: Commissioner Saunders and I were here • , '2'0. 0 , SSIONER KOWAL: Okay. So I just wanted to re , in e. erybody of a little history lesson there. OMMISSIONER LoCASTRO: So what happened? COMMISSIONER McDANIEL: Do you want the short story? The philanthropic community --yeah. COMMISSIONER KOWAL: I've got time. COMMISSIONER McDANIEL: The philanthropic Page 165 March 26, 2024 community's involvement in assisting with the development I know is what swayed me. I don't think we've ever had that kind of a commitment from the philanthropic community to come in and assist. And I can also say --and, again, McDowell's a really good developer. They do a really good job. There was not a discuss· in those early days of any kind of a return of investment that a , from a subsidation standpoint that was coming from this. The Community Foundation was putting in 10-, w in --it's been a minute since we had that discussion, Qo 1ss1oner Saunders. But we were putting in an equivalent a o Ht of money between the land value and the offset of impact fees -n permit fees, and then there was the coming of the state fun -, 5 ut that was --that was the main thing that swayed me with co ing off of the --the procurement --or the committee's dee· i Q o go with --to go with Rural Neighborhoods instead of M Il e 1. CHAIRMAN HALL: Yeah. ant to --before you go, Commissioner Saunders. Oru he ways that the developer's do give back to the taxpaye s i 1,.._.,....,,,"'_..,.. valorem , you know , and that's --that's what I don't e about this deal. One of the --one o the criteria --as far as the disbursements that do come ba out to the Foundation and do come back to the taxpayers, o th criteria is any voluntary or operating debt. And if I was skinny n the cash flow --or if I was fat in the cash flow, I would incu , eot as an operator to deduct that amount that comes back Mn -o that's a possibility. SfY, I love the fact that the monies that do come back to the ........ ,.."~ .... tion and that do come back we're going to put back into affordable housing. My concern with that is by putting the money back into the Foundation, that we encourage more non-for-profit, non-ad valorem tax-base deals. And I don't know if the Foundation could get their --could wrap their mind around allowing, you know, Page 166 March 26, 2024 philanthropy and allowing a tax base, or if they're just stuck on, you know, that's their kill-deal --you know, that's their kill-deal position. So those are just some thoughts. I love the conversation, I'll tell you that. I'm all about affordable housing, but I would like to --I don't want to feel pressured, and I don't want to feel like we're too ar down the road to re-think this and make a good deal for the ✓ '\ ~ taxpayers. ~ Commissioner Saunders. 0 COMMISSIONER SAUNDERS: Yeah. I wa · going to do a little history as well, because we did talk abo t ..._.,,....,,..._., 2019, I believe. My understanding is that there had to be a o -or-profit doing the deal; otherwise, there would be no ph • a thropy provided. So that's how we got to where we are ~it • e rrent developer. Also, everybody remembers .. aa r ight at the end of 2019, it was the beginning of COVID, and 20 0 was a year that nothing got done anywhere, and most of 2 1 ~ pretty much the same. But also what happened during that t· e period was problems with inflation, supply-line problems. E thing changed in terms of the financing of every project. ; So this proj • t --if we were back in 2019, we wouldn't be having any 0 £ ese onversations because that's what really changed this, I believe. ~nd Mr. Kirk can be certainly comment on that. But w ent with the non-for-profit because we really wanted to cemoot is artnership, this public/private partnership in workforce h si g. And so we have a different world right now than we did in 20 . And, you know, trying to go back and say, "Well, if we had done it differently, things would be different today," well, that's probably true of almost anything if you did something differently. But I can also say if we didn't have COVID and all of those problems, we probably would have something different as well. Page 167 March 26, 2024 So I just want the record to reflect that we didn't make a decision that was just completely absurd. You know, why did we do X? Well, the world was different in 2019, and the project was one that --where we really wanted to cement this public/private partnership to use that as a model. We thought that this would ~ actually be a model not only for Collier County projects but fo ~ around the state. So that's just --just one point I wanted to ~ emphasize, Mr. Chairman. 0 COMMISSIONER KOWAL: Can I ask one m estion? , So when did Ekos enter into their agreement tg on Santa Barbara? MR. FINN: I do not know. I'm going t th1lli( it was around 2019. MR. GIBLIN: A couple years b t. MR. FINN: 2017? MR. GIBLIN: '19. MR. FINN: 2019. COMMISSIONER , ~-: '19. So did they have a special line of materials and stuff?, ecause I went to the ribbon cutting already. ; MR. FINN· o. And your point is well made, sir. This dea ~all --his timetable for starting the financing did not commence unf t e PUD was in place, which was April of '22. So he had 12 ,fJ nths from that time period to get his financing, and that was tlte t e of the original developer agreement. So that brings us to -asic ci'J,ly April 23 where this board extended -- 0 MMIS SI ONER KOWAL: Extended it to now? MR. FINN: Extended it, yes. No. Well, there was an interim extension that we just did that extended it till about February --I'm sorry --yeah. COMMISSIONER KOWAL: January? Page 168 March 26, 2024 MR. FINN: I'm drawing a blank. It was April 23 that we extended it the first time. COMMISSIONER KOWAL: But didn't we just do another extension? MR. FINN: Yes. We did an interim extension for two we s to get us to today. ✓ '\ ~ COMMISSIONER KOWAL: To today? ~ MR. FINN: Yes. And --so that's where we sit. ~o CHAIRMAN HALL: Commissioner McDanie . ~~ COMMISSIONER McDANIEL: Geez. I fi~)tg hat I was going to say. MR. FINN: We continue to have those e • ti ons pending, if you care, Mr. Chairman. COMMISSIONER McDANIEL: Sa .' at again. MR. FINN: There was a co a l o questions made for Mr. Kirk that haven't been responded to yet, s1 COMMISSIONER McD I L: Right. Mostly, my comment was for Commissioner K-0w a am.a Commissioner Saunders. He reiterated it well. It basica y had to do with the reason that we moved from McDowell to ural Neighborhoods was the not-for-profit ci e mstance and the contribution for the philanthropic community. CO _ IS~ ONER KOWAL: I figured that's what it was. I just --I di 't . ow for sure, that's all. 0 , lSSIONER McDANIEL: Okay . . KIRK: Steve Kirk, Rural Neighbors. ere's a series of questions. I'll try to capture all of them. Just two quick notes in regards to Ekos. Ekos was 2019. It had its zoning in place , and so our zoning did not get put in place until April 2022. Second, the Ekos project that was first --the first development depended upon a hurricane. It had $8 million of Page 169 March 26, 2024 hurricane CD BG/DR relief from the state, and in the absence of the hurricane, could have been built. In the past decade prior to that, there had not been a tax credit project, one, in Collier County, Florida. And so certainly that is --it's an admirable project, and I think we all have great respec or them. The committee that selected us was this board. That wa t e committee. The ITN to which we responded said there as an available $10 million from the charitable communitY. o 1Jl.dations. We were asked during the presentation point of th s ng --which is what coming before you really is, the prese tatlo art of that --would we share money with the county. Our answer was yes. I'm not certain that the other five develop ~ w o spoke gave that same answer. • In regards to the income targ in g, hink as we answered earlier, there are some reasons to o -~ for us to do that. The accomplishment --the goal wa to blend what households are an incredibly important part o t 1s community and to the standard and quality of life in this com 11 ity: Healthcare, teachers, first responders, et cetera. ; Who are th ~eople who are commuting today from Port Charlotte an t er p ·aces? Can we bring them home? Can we retain the teac €r there? So we're looking at households rather than individuals, , mi ch is why the majority of the units are two-bedroom and thi:ee-~ room units. So incomes have to accommodate more t n income in a household . ......,.ciid I believe that there is a market differential in the rents between our rents and what is taking place in the market, that those families who are in those professions are choosing to live elsewhere. This market differential, we think, will cause people to make this their home. Page 170 March 26, 2024 In regards to several of the questions in regards to the income-sharing agreement and the ad valorem taxes , it's true we can't compare apples to chairs, but --that will go in my memory now. I've never heard that one before. CHAIRMAN HALL: Please let that go. COMMISSIONER LoCASTRO: I've been saying it fo years. MR. KIRK: We have, arguably, $18.3 million of directed through Collier County into this project. I t i point out that approximately --and I'll rely on Ed - approximately 10 to $11 million of that mone i is fe:(i-eral and state grants. One of the reasons that we have argue against proportionality in terms of the income-sharing agreem n i t at at least the first million dollars of the Foundation's 0 eJ has been at risk. It has been --it has been invested together 1th a million dollars from our pockets into getting us to this st . The county's money, there is really no dollars presentl , a s of being lost or not available to recapture. The second is ue is that both the SHIP money, 1.5 million, and the SLURP mo , , ~ which is just under $10 million, are grant under federal and sta regirt ation, we have an LHAP plan filed from the SHIP money will be given to non-profit organization a -a forgivable loan --as a forgivable loan. That is the choi o t is xounty made in getting that money from the State. W have told the U.S. Treasury --we've spoken, your county sta f has spoken, to the treasury consultants. This is a grant. This is not to be repaid. We have carefully, aggressively argued with the county, "Do not violate federal law and federal regulation by making this a quid pro quo to the treasury money that you are giving us. We cannot repay Page 171 March 26, 2024 you that money as a consequence of those federal rules and regulations." And so to say, "Well, we have 18 million, that includes that 10-, we should get more than the other," is basically at least improper and potentially violating the spirit of the fact that that is a treasury grant to the county that's being invested in this proje t. And we've pointed that out in numerous e-mails to the c u This is --this is grant funds that you're investing. Don't trea t as an equity investment on which you must get a return, or th d ew is off. So we felt that at least by keeping these proporti ~qual, we respected the Foundation's risk-taking, and we res . e~ d federal and state rules and regulations. The return to the county is approximately , 5 million over 40 years. If you divide that, yes, indeed, it comes at different stages. Mr. Hall is correct, it comes at a situat· i . hich --till the first Collier's international loan is paid a&, ~n at it certainly won't begin. So the Chairman is absolutel~ c<Jtrect that it may be 10 years prior to the first monies comi ·n ut that $50 million over 40 years is twice the ad valorem tatx: a e tliat would be incurred on that project. So I would argu t at it's a good deal to taxpayers in the direct payment to Collie · County. More impo tly, 75 percent --75 percent of the cash flow from this project fl • ha: into Collier County affordable housing. Yes, it's by three aiti s: By the county itself; by the community foundations , • ch have been generous to many, many different types of pr01 e it s. ut we're getting them engaged in the housing arena by do ing i s-, and they will continue to make investment. They may ma e I ore investment beyond this if we encourage them to do so; and we are taking one half of our return and investing it into future Collier County properties as well as the current properties that we own so they can remain to be affordable in perpetuity. So my argument would be, there's $150 million return to Collier Page 172 March 26, 2024 County over the 40 years of this project, not simply the 50-that goes to the county itself. That's a heck of a deal for the taxpayer. In regards to the 40-year term and why the 40-year term, the answer is simple. A pro f orma looks into the future imperfectlY.. That's why it's a proforma. We are trending our expenses at ~ 3 percent over the next 40 to 50 years , which is traditional in financial industry to do so. My insurance bill did not go u~ 3 percent last year, nor did anyone else's in the room. I ' t e pro forma. Those numbers will change. They will cha ,ge y-n the income side; they will change on the expense side. But those are the numbers that we have e cou e by Prudential Real Estate. It's a national firm, th ong·nator for HUD 221 ( d)( 4) loans. Their loan committee ha ev1ewed our numbers. They approved our loan internally at P e f 1 on February 29th and forwarded it immediately that day to 0. So they have belief that this i tli e --they are lending money based on this pro forma. We l?, i e-v e that it --that it certainly is as close to realty as one can ~as t do at this moment. Why 40 years? Bee e properties age. We have, in this state, requirements that buildin gs undergo a formal inspection at the end of 40 years to mak ure they're structurally sound. We have some requirements • thet" counties that make that happen even sooner. We know that 'O this project to last for an entire 99-year lease, this project is g0 ·n . to undergo substantial rehabilitation at some stage. Let's .Jl o e ·_ s not --doesn't take a whack from a hurricane between n ,-an then, or if it does, let's hope that the insurance proceeds are su c ·,ent to do it. But what we basically said is that we anticipate having to substantially rehabilitate these 252 units at approximately its 40-year life. It is the end of the HUD 40-year mortgage, a mortgage that's --that is attractive in its terms. And, frankly, it could be in 40 years, given what construction Page 173 March 26, 2024 prices might be in 40 years, and which perhaps there's a single grant that we also need from the county, but it allows people to basically refinance the project without having to give away 50 percent of its income to the Community Foundation or 25 percent to the coun~ and 25. Forty years seemed like a foreseeable practical point in whi substantial rehabilitation would have to take place. And Commissioner Saunders may be the only one that be here, if I heard correctly, but again, it's going to be ano h opportunity potentially for the Board and for others to a~cally take a look at that project then. There is, I think, no other developer in om ta · that has basically said, "We'll take 7 5 percent of our ca flow and reinvest it in the local jurisdiction in which the prop m is built." It is unusual for someone to say that we are going t . u percent of our cash flow back in county government. ~ We do think this is unique. e o think it's a template. And I think that we are continuing to a .re progress each and every month. The SDEP was approve ta \ek. Prudential approved their loan February 29th. We're ma ing down a pathway towards HUD's final firm commitment ~wards Prudential's loan guarantee. That's where we stand o ay. I think --ast qlll estion, the legal question, I think the County Attorney oba y answered it better than I am --better than I could, Commissio , :er McDaniels [sic]. I will say that our response to the ITN 0 tli . mised units very close to this number in terms of an i ome ix but had rents at 120 percent, not at 100 percent. We've mo e closer to the goals that local government has challenged us to mee . We did not generally originate these new changes in terms of what the income mix is --we've been responsive to it --but they're uncandidly close to what we had proposed in our ITN except for the fact that the rents are limited to 100 percent. Page 174 March 26, 2024 I think, in addition to that, our original response to the ITN and the original response by others to the ITN was that we were going to lease this land for $10 a year. The $10-a-year lease was what our organization relied upon in expending $2 million to get to this point in time. And we have continually responded to calls for addition funds, additional cash flow, additional situation. ~ So we are really substantially at risk for a very sizable a: ount of Foundation and Rural Neighborhoods' money based on eh ance that seems to keep changing in regards to what's being de ~~~ded of the project. And so in good faith, we're still here, unli ke t go f course where the developer left. We've argued abou~ eland value at 4.2 million, 4.6 million. Maybe there's a mav t value that's higher than fu~. • I will tell you that this land ha $2 1llion worth of arsenic mitigation. So subtract that, to a e a1n degree, from the land value because we're financing that c .•. What we have done in being first is we have plowed a1rffi :w · FDEP approvals , with other --with other FEMA • oodplain things that make other subsequent develo~men in Tract 1 through Tract 4 of the golf course easier and faster. By going first, we've dealt with drainage. We've dealt with ars ,n1c. W e have a model that's beneficiary to the golf course, to the V€t -rans. And, a~ , apples to oranges, the golf course has approximately a $2 m U~ investment, $6 million of capital, almost 1 m i H1 ey , --$15 million worth of land. Our return in terms of annu capital, far, far greater, many times greater than what the revenue will be from that. So there's just an example. It's hard to compare projects , but we do think that we are offering a very valuable deal to the county and to our partners at the Foundation community, and I thank you. Page 175 March 26, 2024 CHAIRMAN HALL: Commissioner Locastro. COMMISSIONER LoCASTRO: Thank you, Chairman. Before I make a couple of statements, I did want to ask Mr. Miller if we had speakers, because I didn't want to -- MR. MILLER: I do have four registered speakers for this i COMMISSIONER LoCASTRO: Maybe I'll hold my c '>-!1 .... -"-·•- And if the Chair wants to hear from them, you know, first. CHAIRMAN HALL: Let's do it. 0 MR. MULHERE: Your first public speaker is \ta ht;ie Wenrich. She'll be followed by Matthew Holliday. MS. WENRICH: Good afternoon, Co 1ss e s. My name is Valerie Wenrich. I've lived in Collier Coun : or 3 8 years and have worked to support this project for O'¼ four years . Raised my family here, chose tr d ~!€ y career here, and welcome the opportunity to work to r .~ a solution here. Through various roles within Co ther County public schools as a teacher, school principal, and ..:--~-..., ... the district's chief human resources officer, it is cle ar i.s sue is more pressing than essential housing for our workforce. CCPS is the larges employer in Collier County, and it continues to grow. Acces • o housing and overall cost of living have been an issue in Colli ~ Cou»rt y , but not to this extent. CCPS now has hard survey data to p ove the urgency of this issue. During tfi , last two weeks, we shared a survey to all district empl.0 ees , 'nstructional and noninstructional. Approximately 3500 o •fU el}lployees took time to complete it, and here are the hig 1·ghts. Eighty-one percent live in Collier; 18 drive in from Lee County; the remaining 1 percent live in other counties surrounding. Sixty-five percent own their home; 25 percent rent; 275 of our staff told us they have a stable place to live but it's with family and Page 176 March 26, 2024 friends; 60 people admitted that they do not currently have a stable place to live, meaning they're in a shelter, a hotel or temporary location. Commissioners, 45 percent, nearly half, are concerned they will not have stable housing within the next year. The vast majority~ 80 percent, of those respondents cited cost as the reason. ~ On the 3500 district staff who took the survey on hous in , 64 percent are concerned current cost of housing will f o e t em to seek employment elsewhere other than CCPS, and 50 et ent of our employees work two or more jobs plus extra supp ,a_, .. ,:._nt s. The school district understands the conce 1s oi g everything in our power to retain and recruit employees. h" s past year the school board passed a record increase for e cher compensation representing a $28 million increase in a1a~ wcpenses. The school board put out a re ue t or proposals for essential housing development on 35 acres wtted by the school district adjacent to the Manatee Elemen ~!>Y School off of the East Trail. Results from the emplo:x ~ y will help inform our next steps for the school board. Housing is es entia1 for our community providing public service for our school d ·,g • ct continuing to be an A-rated educational provider. Commiss1 0'ners, we appreciate your service to the community, and I'm her~ ooay on behalf of the Collier County Public Schools to enco11f e , u to complete this workforce housing component of the G ~1 e ate course [sic] project. Because of charitable giving, the pu~ i private partnership could serve as a model of how communities can and should work together to address these major issues. Thank you for taking consideration of my comments. MR. MILLER: Your next speaker is Matthew Holliday. He'll Page 177 March 26, 2024 be followed by Michael Puchalla. MR. HOLLIDAY: Good afternoon, Chairman, members of the Commission. On behalf of the hospital, our board of trustees, and our president, I'm glad to be here today with you. Very few issues affect hospitals more than staffing, right? ~ Costs, supplies, we all know those things are a major issue. \~ We also did a study of our employees, and over 30 pere t of our employees live outside of Collier County. When Y. c 1 nsider that against our payroll at the end of the day, each yeai: h,a t represents about $80 million worth of economic activity, just tJ us, that's leaving your county each and every day. I remember --I wish I could find it again. 'Phere was an article from the 1970s that was bemoaning the fae there was so little attainable affordable workforce hou in • n 0 lier. We're not going to fix it 100 percent. Projects like tlli are very important because it does represent a partnership. You e the private sector, you have philanthropic interests, and yo a:; e the government, which the less we can do with the gove me t obviously, the better. It's always important to have the priva e sector engaged and involved. I look at a pro· ect l 'ke this and I hear all the discussion, and I wonder --let's a e sure that we don't let the perfect become the enemy of the ood. his is a good project. It's going to help people. My fa ; lives in Fort Myers. We've lived there since the late '70s. ~ w ·fe works up there. My daughter's in school there. I'm no g<i n g to move to Collier County. But every day I drive down her t's a 45-minute commute. And surrounding me on the interstate, headed this direction, are the working-class people, the people that would benefit the most from a lower commute. They're on your roads; the traffic is here. Let's make sure that that economic investment that they are, their salaries, their payrolls, stays in the Page 178 March 26, 2024 county, benefits the county and the businesses, and having that economics impact here rather than somewhere else. It's a very important issue for us. As you think about the quality of care in your hospital, the folks taking care of you in the restaurants, taking care of all the other needs , your plumbers, your electricians, it is a quality-of-life is 1ft or them. Having these assets in place --you know, that golf c0 se is sitting there vacant right now. 0 Let's invest in the community, let's invest in your w91 kforce , and let's make sure that what we spend on our payroll '"""--""here it's earned. I think that's a fantastic idea for us to consi er is the investment potential for Collier County and th · op e that live here. Thank you. MR. MILLER: Your next spe.ak chael Puchalla. He'll be followed on Zoom by Kelly Faff.el MR. PUCHALLA: Good afl e uon, gentlemen, Chairman. My name's Michael Puchalla, Rre record, executive director with HELP, a HUD-approved lo a at ousing counseling agency , and also the Collier County Comma ·ty Land Trust. And I just want to add some perspective. As, you know, the individuals that · 're seeing come in, especially from the workforce --e y e fi d the pleasure of doing some partnerships with NCH and he s~1L ol district. We're -• mg something we're calling a housing navigator progi;,am, t[?·ng to help get individuals into housing a little easier, and w ca ' e finding is there are a number of these workforce in • • uals that --they have incomes but maybe they have some credit challenges or maybe some other financial challenges. And even when they call to try to find a market-rate unit, their applications --they pay an application fee only to find out that, oh, we need four or five times income. You're not quite qualifying at Page 179 March 26, 2024 that level because the rents are quite high. So I do want to make the point that having some access and control to units at even up to 120 percent of AMI provides a lot of benefit. And we're here to try to assist in any way we can in trying to navigate individuals into that while also offering to work on ~ homeownership because I think that's the way to keep peop ~ 'h- obviously. So continuing to provide that level of service to pro • d homeownership opportunities where the Land Trust OOH 9,0me in , individuals that may qualify for Habitat, helping t with them through that process and on credit and on thei r fina e ia background. So I think there's a great opportunity with is type of development, with the rentals, to be able t or and help individuals move towards homeownership. • And then, lastly, there's been s.ome oints made regarding the Community Foundation, the philamt flr~py being non-profit. One other thing we've been workin • s something we're calling the Housing Alliance , and w ~e Ha great support from the Community Foundation both financiall nd in spirit. And we've had a lot of great conversations. T ey've now come up with their Community Housing Impact nd, which is going to be tremendous. There's a lot of lessons eame from this project, let's just put it at that. And they'vB pened up, now, this opportunity for us to partner and to vet -(}topments going forward and where there will be oppo umities to loan those funds into future developments , and that f~r-profit or non-profit. So I just wanted to make that point that there's even been a lot of lessons learned from since this --when this project began, but it is the first of its kind in bringing that philanthropic contribution in. And at that point in time, we didn't have this non-profit entity. We didn't have that opportunity to vet and bring in for-profit developers, Page 180 March 26, 2024 necessarily. So hopefully that clarifies a few things. And I really do want to support the project. We've worked with Steve on some of his other things, other developments in Immokalee. We've gone and provided housing counseling, homeownership education, so I do know that he's a great supporter of that and a ' partner in bringing wraparound services to the tenants that won ~~ in this community. So thank you. MR. MILLER: Your final registered speaker on th i i em is Kelly Farrell. ~ Ms. Farrell, you're being prompted to unmut Pself, if you'll do so at this time. Ms. Farrell, you're being promp o nmute yourself, if you'll do so at this time. I'm not se -ei g any response from her. Ms. Farrell? Kelly Farrell, yo e lJeing prompted to unmute yourself on your computer, • f , 61 u: d do that, on your Zoom. ~~ (No response.) .\.>' CHAIRMAN HALL: G0 i nee. MR. MILLER: Go ing w..·ce. I'll keep an aye on this , Mr. Chairman, and let you ow if I have any movement. CHAIRMAN HALL : Great. Commissioner LoCastro. COMMISS NER LoCASTRO: Thank you, sir. You kno ~ the erm "unique" was used, and we were trying to figure out ayo~ better word. I like how Commissioner McDaniel called this a emplate, but that --you know, a template but with lesso lea ed and improvements that can go forward. ac~nally think not only is this a template that can continue to be nd made better every time, but it's also an incredible investment. I mean, I can see why in 2020 --and I wasn't here either. I was, you know, newly elected at the end of 2020 and wasn't here. But I can see why some on this panel were probably very supportive and maybe almost salivating to hear that the Collier Page 181 March 26, 2024 Community Foundation and all the philanthropic pieces that were coming together maybe for the first time for an important issue like affordable housing was starting to happen, and maybe it was long overdue. I think anything that you can pull the Collier Community Foundation into and get them involved and excited --I mean, tll ' e been involved in this project, and on their own they've alreait-~ tarted to do so many other separate things when it comes to ho sin . So we sort of --you know, we lit the fuse a little ·t nd now have them excited and paring off into other directieln , en it comes to housing. So we primed the pump, I guess. n on't know that they needed us to prime their pump, but I thi eir involvement in that project is what has now got them inv ed. And I'm sure the panel that was here prior --you kno , • a: ommissioner Saunders and Commissioner McDaniel --b , G>'t ers, that was a big plus, and I see it as a big plus now. So I think this partnershi -you know, it might be unique, but I do think it is a good te 1 ~te and it's a good investment and not one that we should just ru r stamp. But some of the things that have caused this thing t slow and lag and kick the can and all that --well, let's ake sure that we do look back on the history of this, and the h~m la , s going forward we don't make those same embarrassing m • akes. No pn~·,-ots going to be a 10, but I sit here and say, a 9.5 now is bette Ui an O that never comes. So we could sit here and, you rw, ;,ant every single piece to be perfect, and we'll wind up sitting her a , d not approving a whole lot of things. That doesn't mean we settle, or if we have issues with this --and if any of the commissioners up here have issues that they don't feel comfortable, you know, going forward, you know, speak now or forever hold your tongue. Page 182 March 26, 2024 I don't know if anybody else is lit up, but I feel that this project is extremely advantageous to the community. It does all kind of unique things that other projects have never done before. I think this is only the start, and the lessons learned from this project will make future projects move much quicker, be much more advantageous the taxpayer, but I don't see anything in this project that cau!::i unbelievable concern. And there's been things this county has approved th a e out there now on the street that, as a citizen, caused me unbe lje vable concern, and, you know, predecessors before us .a B eren't as concerned, or they didn't have a time machin o ©'W hat certain projects weren't going to be as advantageous. But this one, I think, has all the right eces moving forward with a lot of lessons learned. And unl s , body has an objection, I'd make a motion to approve the i-n:com -sharing agreement and approve all the documents related • o the development, which is in 11.A, and then the sharing ag eem nt is in 11.B. So I make that motion to approve all as t at e , ih 11.A and 11.B. CHAIRMAN HALL. will --I like the comment, "Don't let the perfect get in the w ~ of the good." And there have been lessons learned. I can c0ll t to three. I learned that from Commissioner Saunders. CO IS~ ONER SAUNDERS: It took me years to learn. It only took , , , hat, a -- H IAI AN HALL: I'm a --but we do live in a different w , Ia, o tit's the world that we live in. ouldn't have made this deal, but the deal was made, so I'm not going to sit here and wallow in would have, could have, should have. I think that there are things that we can really learn from going forward. And I can appreciate Mr. Kirk's comments on the Page 183 March 26, 2024 revenue-sharing percentages of, you know --and something that I did not consider was the amount of grants that --you know, it is our money, but we passed it. But that was a good point, and I appreciate you saying that. And with that, I'll second the motion. ~ COMMISSIONER SAUNDERS: All right. We have a ~ motion and a second. All in favor, say aye? ~ COMMISSIONER McDANIEL: Aye. ,t 0 COMMISSIONER LoCASTRO: Aye. ~ ~ CHAIRMAN HALL: Aye. ~ ~ COMMISSIONER SAUNDERS: Aye.~~ CHAIRMAN HALL: All opposed? ► , COMMISSIONER KOWAL : Aye.o CHAIRMAN HALL: Okay. • f o ,' sses. MR. FINN: Very good. Th'.an 011, gentlemen. COMMISSIONER SAUND S. That was a bit of a surprise. COMMISSIONER KO L. Hmm? COMMISSIONER ~ ID RS: That was a bit of a surprise. COMMISSIONER WAL: I'll get my chance on May 30th. MS. P ATTERSO . Commissioners, that brings us to staff and commission ge ~I 1 communications. Item#15A ~ "-"~'c:;::C':::!7 MMENTS ON GENERAL TOPICS NOT ON THE T OR FUTURE AGENDA BY INDIVIDUALS NOT ~DY HEARD DURING PREVIOUS PUBLIC COMMENTS IS MEETING MS. PATTERSON: First, Troy, do we have any public comment? Page 184 March 26, 2024 No public comment. That moves us to --we already had our staff project updates. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATI ~ That brings us to Item 15C, staff and commission _ ~ communications. I do not have anything. Dan? MR. RODRIGUEZ: No, County Manag MS. PATTERSON: Thank you. County Attorney? MR. TEACH: No comment. • MS. PATTERSON: Commiss i0 ntJr s. CHAIRMAN HALL: Commissioner McDaniel? COMMISSIONER McD l 'L: Yes, sir. CHAIRMAN HALL . o you have any comments? COMMISSIONER . ANIEL: Well, I want to ask ifwe want to give direction t staff to have a review of the Golden Gate Master Plan for ral Golden Gate Estates. We talked about that , 's B~en five years. I did si:2ea ith the Chairman of the East of 951 Horizon Study, and he thin ,-, at it might be a good fit for that organization to have -oi £ r that group to have a look at the Golden Gate Master P >n. ~d, predominantly, I'd like to keep it at --you know, we tri rooted the Golden Gate Master Plan in '19 into urban east --or west of 951 rural, east of 951, and Golden Gate City, "the four square miles." So I'd suggest that we limit the --limit the look at the Rural Golden Gate Estates, which is east of 951, and have a --and have a Page 185 March 26, 2024 review of that master plan. CHAIRMAN HALL: I'd be in agreement with that. COMMISSIONER McDANIEL: You okay with that? Commissioner Saunders, that's part of your world now, too. COMMISSIONER SAUNDERS: Sure. ~ COMMISSIONER McDANIEL: You all right with tha ~ All right. That's all I have. CHAIRMAN HALL: Commissioner LoCastro. 0 COMMISSIONER LoCASTRO: I was just goi gt say, did you notice how our legal advice today was so muc ~ er, so much, like, on point? Did anybody pick up on that. So I just want to go on the record --I don' now if there was a difference or there was a change or so met , 1 g, but, Scott, thanks, you know, very much. I know that --i al 81 no1rsness, we don't get to see you in this chair a lot, but you tlo o much behind the scenes. You know, I've had to meet with ).TIDU • few times. And I remember the first t-i we met I told Mr. Klatzkow --and I had never met you bef 0 1 . said, "Wow, that guy's a real superstar." I mean, he ca e to my office and just had, like, the answer to every single g,uestion. And what he didn't have the answer to, unbelievable ,e se of urgency. So, you QW, I ow that you're filling in for him because, you know, he's not e e today for reasons we're all aware of. But, you know, than @u so much for what you do, and your staff and everyt ·_ . It doesn't go unnoticed. So he's sitting in a seat re -re e png all of you, and, you know, I just want to thank you for ning that your team does. And I'm a Christian as well, but I think --I think I like --attorneys are okay. It just depends on who they are, you know. It's a mixed bag just like any other vocation. But thank you. That's all I have, sir. Page 186 March 26, 2024 Oh, and that's right, and Mr. Saunders is also an attorney, but I think he's --he might be a Christian. Maybe not. Oh, he's actually not, but he's a man of his word and integrity. That's all I have, sir. CHAIRMAN HALL: Ms. Kinzel, do you have anything :xo want to add before we finish? ~ MS. KINZEL: I don't want to jump in front of the othen commissioners, but I did want a couple things that I'll p t o the record. I'm sorry. I was back there waving. I should a public speaker, but usually it's recognized --n t a tissue and item. As Commissioner LoCastro put forwar " peak now or forever hold your peace." So I want to sweak nght now , I guess, on some of the things, because we still a e a -ap . He has not completed his financing until Ma 0t . ou've extended it. So some of the other agreeme t t at you were working with or presented with, particularly N . ~ou had no legal --or we don't really have the content o h a· . Similarly situated, w you look at the distribution under the sharing income --nd there were several things put on the record. I, too, have been ~t€ many, many years and have kind of the history, so I'd like to ~rify some things . Originally, •. was McDowell that was selected by the majority of your staff a great research, including Mr. Giblin. He ranked them o. or what was put forward. n minutes of the meeting reflected that the reason that the of County Commissioners changed was simply the $10 million contribution by the Community Foundation. This shows you --so I wanted to speak to --McDowell on this site was actually more units than you would be getting with the current vendor. With the mix of --and I apologize, Commissioner LoCastro. I did not get to meet Page 187 March 26, 2024 with you, but I met with most of the other commissioners. COMMISSIONER LoCASTRO: Well, you know what I would say, Ms. Kinzel? MS. KINZEL: Yes. COMMISSIONER LoCASTRO: This is all great informati0n. And you sit back there for the entire meeting. If you have so ijt g to say before a vote, you know, it's a short walk up to the 0ai So this is all after the fact, and this is great -- MS. KINZEL: It is. COMMISSIONER LoCASTRO: --but you' rked here long enough to know that if you --it is, "Speak or ~ e er hold your tongue." And if you forgot to sign up to be a eaker -- MS. KINZEL: I don't usually sign u because I'm the Clerk. COMMISSIONER LoCASTRO: o ;sis all after the fact. And like you said, you spoke with h oth er commissioners but, you know, come up to the podium. A d ~ you've got something that you want to add, instead of feedin • f ol us through e-mails and hoping we would carry the water, co "!:'t='..,, ...... ere and speak as a constitutional officer and give us your fe d ack before we vote. MS. KINZEL: 0 ra y. COMMISS ER LoCASTRO: Especially if you think we're about to do tha ~nco rtectly based on information you have that we don't. MS. ~ L: Okay. I appreciate that, Commissioner did try to motion. I don't usually sign up as the C eri --ince we've done a lot of research on this. So the reason I'm bringing it up now, first of all, there could be a reconsideration or --in hindsight, they may not get their financing by May 30th. I think these are important issues , and I don't want to miss the opportunity to get the information out to the community. COMMISSIONER LoCASTRO: Okay. Page 188 March 26, 2024 MS. KINZEL: So I would like to put it on the record, if that's agreeable, Mr. Chair. CHAIRMAN HALL: Yes, ma'am. MS. KINZEL: Sir. So the unit mix did change. COMMISSIONER SAUNDERS: Let me also --let say-- MS. KINZEL: Go ahead. COMMISSIONER SAUNDERS: --you don't v o sign up. I didn't know you wanted to speak. ~ .. MS. KINZEL: Oh, I'm sorry. I saw o ~-~ back there. COMMISSIONER SAUNDERS: CHAIRMAN HALL: I didn't see y 011. MS. KINZEL: That was what I a r ·, id of, and that's why I started to walk up, and the motion e 1 -the vote was taken. So that's okay. I did speak with most of ~tJ ut I do want to put this on the record , because I think t eFe w a some grand misinformation that was shared, or articulated, t needs to be clarified for the record. Okay. This was the mix change, and it shows you from the initial portion o w at was bid or solicited on both the senior and veterans and wo 1$k force housing. So it did shift in your numbers of units in thes tegories. Now, tJl e information that was presented about the rents and the rental I Ju st want to use --this is from the workforce housing and t 0.u cl ation's newspaper article, so I'd like to point this out. It ba • caUy --I'll put it back on there, but what it says is, "To illustrate, five years ago, monthly payment for a $250,000 home mortgage at an interest rate of 3.5 was $1,122. Today, at 7 percent rates, that same home payment is 1663 a month, a 40 percent increase," and they thought that was somewhat egregious. But if you look at the rents, Page 189 March 26, 2024 now the majority of rents, even for a one-bedroom, exceeds that estimated mortgage payment on purchasing a home. So I think we should consider what is the market and what we're doing. Additionally, according to their own marketing study that was included in the documents, their forecast is that in the recommen d mix of units , you will actually have surplus in those units wh , • fact, it's been pointed out that in those other lower ranges c, ay have even a greater need. So we're distributing that am , of money to an indicated surplus by their own agreement Now, we talk a lot about the share agreement -.... ,,."'P'. history: When they first submitted this, there ~as f) share. There was no identification of a share even with the u dation. They had said that the Foundation was doing a cont • ution of $10 million. When we received the first pro.fo a -1ve we've received to date. But when we first received the r@' forma, there was no cost share for the county. There was co share for the Foundation and the developer. ~ We had a meeting wi o inty staff and with the Foundation, and we really positioned w the county would not get back at least the investment amount i not a proportional share, because the Foundation was sitioned to get much more than their original contribution. '.A nd tf!e county , as with the Foundation, can use these funds in p e Rity to do additional housing of the mix that you see in the market. itktlle agreement on the income sharing that was on the agen J,e fore you today, there is no specificity to the use of those fun<is , y the Foundation. In fact, I've been asking for several months to obtain a copy of the agreement that the developer has with the Foundation and/or any other of their funding sources. In order for you to really evaluate the capacity for this project and the return on investments, I think we need to know who are all the investors and Page 190 March 26, 2024 what all is going into the project. Again, I've been asking for those agreements. What --the Foundation agreement on the project income that you had before you provides for a lot of things, but no specificity onto the number of housing units, the type of housing units. It re gives a full hand to the Foundation to subsidize different housing projects, as the county could do also. ~ And when you look at the return on investments --a d '11 put this before you --the reason --one of the reasons it cMt o ~ at 40, that would have given a $55 million return to the Found 1 ., and a $55 million --and, again, yes, based on pro fo _ a , • ut this is the best information we have for you to make a de Ys1on --would be 55 million for Collier County. After Year 40, the projections are at Foundation would have made 36 million additional, a d tne3/ would have made 36 million --we would have made so 36 million for those 10 years. So there's a grand increase, i ou look at --I'll show you. If you look at the 31 years' o lrti D , you make about 27 million in that year to get up to the 5 5-. -or the next 10 years after that price point, you make an exce tion about [sic] money in addition to that, and all of that could be e • vested. Now, w ,t' we got the first pro f orma, the indication was that they were hi flk;. g of selling the properties in 2042, which would have been I , 1 .S1'years. We questioned that. "What do you intend to do wi "t?" II-e:}tt it. II N ow, Mr. Kirk put on today that he did not intend to sell it. And while I realize that most --none of us except Commissioner Saunders might be here in that period, I think it is due diligence on the behalf of the taxpayer that was really not articulated properly at that point. Page 191 March 26, 2024 We've also seen some rents --the one rental that we had here was the 1900, 21-, and 24-. And, in fact, the information that he put forward was in addition to that. So the rents could actually be higher on the people. Some of the investment or some of the residual profits could be used to reduce those rents to the public and to tfi , housing units. ~ In summary, I want to point out this has been over fou 3t ars. The funding commitment is still unknown and extended T e groundbreaking on starting to build, unknown. Ther. -a ~ no dates specific. It's within months after certain triggerin 12 0· ts. Phase 1, complete for occupancy? We d0n't o . Phase 2 funding, not even in the realm of what you've lJ.een iscussing today. Breaking ground with Phase 2, don't kno . A d a year when both phases are occupied, totally unknow u've pointed out, many of these other, the Bembridge pro~ , hose, they're up and running and occupied. So this has gone on and o , . he agreements --I would request that since you have passed • , ei ~er, A, reconsider some of these facts or, B, at a minimum, over next 30 to 60 days we get very tight contractual agree ents or what is going to be produced in Collier County with the ~~idual funds, particularly by the Foundation. And with t at, 11 answer any other questions. CHAIR.MA HALL: Thanks, Ms. Kinzel. MS. ~ L: Thank you. H !A.l AN HALL: Commissioner Kowal, back to you for men)s. OMMISSIONER KOWAL: Thank you, Chairman. I just want to let everybody know, I agree --and the public speakers that came up, you know, I agree 110 percent with them. I understand the problem here. I've lived it. You know, I know what it was like when I first got here. I mean, I know --over the years, I Page 192 March 26, 2024 was on the pay plan committee for the Sheriffs Department, and I saw the struggles these young deputies --and, you know, they were starting out --to find a place here to live and work within their communities. And, believe me, I know. I know the struggles, and I agree 110 percent. I just don't want everybody to say that, you know, I vote , o I n this --and I voted no on this because sometimes we have t kl0k at the mission at hand, and sometimes it might not be the right ·· eople carrying out the mission at hand, and that's why I jus ~e; that, you know --I remember having a meeting probably a e f o with the Collier Foundation people and Mr. Kirk --well, ·t w sn t Mr. Kirk. I think it was just the Collier Foundation people, a they were concerned because things weren't moving ong. And one of their largest contribut ·ft , , ready to claw back their money, you know. And I don' 0W where that is still today. You know, I don't know, if tHis eeps continuing kicking the can down the road, you know, Ma 0th comes, do we have this same conversation, you know, 1 -ncl en their contributor decides they don't want to put 5 million, or tever, in this particular philanthropist, you know. Now wher s tliat 10 million? So I don't ow. I just feel that it's been four years. I've only been on the B-6a d for, what, 15 months now, or starting the 15th month, and I'v , en other developers partnered and the results of that. And, , ou know --and I've seen the results. I've stood there at ribbcm: cutti gs. And I've seen the results of what this board has d , e ~ the past year and, you know, forcing the hand on opers to make a percentage of their units at affordable rates, at 80 percent or lower. You know, I think we had the one --the Ascend project at 30 percent --30 percent of their units just to get approved, you know. They're paying taxes. They're paying ad valorem tax on their Page 193 March 26, 2024 properties, and they're going to pay taxes to the community. They didn't have to do that, but, you know, they saw the need. So by no means I'm against the end result of this project. I just don't know if we have the right team doing the mission, if that makes any sense. So I just want to make sure you get that on the recor . CHAIRMAN HALL: Commissioner Saunders. ~ COMMISSIONER SAUNDERS: Okay. I don't hav a y comments on the project. I assume we're still wrappin COMMISSIONER KOWAL: This is just the e -. COMMISSIONER SAUNDERS: --our c tions. CHAIRMAN HALL: Yes. COMMISSIONER SAUNDERS: I've s I want to go through. COMMISSIONER McDANIEL: re minutes apiece. COMMISSIONER SAUND ERS : t ve talked to our staff. You know, there's been a lot of publici ~ wer the last, certainly, years, but it's accelerated, I think, in the t everal months with the cyber issues , cyber attacks. The e as a report to Congress concerning some major efforts by the inese to infiltrate our systems around the country. And I just w aa t to get a report back from the staff on what we're doing to a e sure that our systems --our water systems and all of that are , eing ade as secure as we can. Obviousl , t at requires funding sometimes. But I think if you need additi a funding for security for our computers and all of our syste s tha; 's money well spent. So I'd just like to get something b £ op,1 staff on that. Secondly, we do have House Bill 1365 dealing with homeless camps, and I think we're going to need to take some action in reference to that. I'd like the County Attorney to report back to us on what, if anything, we need to do to make sure that we're in compliance with that and we have the right structure; whatever we Page 194 March 26, 2024 need to do. I've not read the bill --I've just heard about it and read a little bit about it, but I've not read the bill so I don't know if there are any mandates on the part of local government to set things up, so I want to get a report back from the County Attorney. And then, finally --this is something that Commissioner ~ McDaniel had brought up some time ago , and we all talked about charter schools and the possibility of charter schools poppin or there. And when I talked to Jeff Klatzkow about tha, he seem pretty clear that we didn't really have a whole 1 ;t; • authority to deal with that. But I'd like a full report from the County tto ey on what it takes to form a charter school, just in general. rea y don't need details about what has to be presented. &ft wn at does it take, and what do we --can we intervene at any f0'j nt • that process, and do we have any authority at all? ~ So, in other words, I think the.~ cend project may be the project where that came up, where the { o "ght was, well, there could be a charter school there. W 01 , i t ms out there is going to be a charter school not too far from th e -- COMMISSIONE McDANIEL: On the other end. COMMISS NER SAUNDERS: --in the neighborhood. I think x: re r • ght, Commissioner McDaniel. I think those are the types f pro· e ts that --we could see more of those. And so I think we jus need to know if we have any authority at all. And if we d 0 't a e any authority right now , do we have the ability to pass o dtµances to create some authority? R. TEACH: We'll take a look at that, Commissioner. I know that a lot of the authority is governed by a combination of interlocal agreements and Florida Statute, and it's a little bit --I took a --like a high-vision look at it the other day, and it's pretty complex, but we'll break it down. Page 195 March 26, 2024 COMMISSIONER SAUNDERS: My understanding is we do have an interlocal agreement, but it has expired. MR. TEACH: Right. And, generally, although there's exceptions, you have to treat a charter school the same way that ou treat a school district school for planning and zoning purposes, is y understanding, but it's a little bit more complex than that. '\ ~ COMMISSIONER SAUNDERS: Maybe that agreeme: needs to be refreshed. As I said, I understand it has expired, s .. MR. TEACH: Yeah . COMMISSIONER SAUNDERS: And I war ·,~..,-£1.-'-"'- the other nine or 10. ~ COMMISSIONER KOWAL: Fourteen,.► , COMMISSIONER SAUNDERS: E rteen , yeah. CHAIRMAN HALL: You're ~oi t ass on the 13 --or the 12? ~ COMMISSIONER SAUND . I can come up with something if you'd like. ~ CHAIRMAN HAL L . ] got an item that's going to come up. I'm in the process of worl<1 g on it. But, basically, it's a safety issue, and I just want to let yo al know what it's going to be, because I don't want to ha a big conversation when it comes. But at th~nd of Crayton Drive, right there where Naples Grande hotel is, Crayton comes in and it dead ends in Pelican Bay, and all the € c t sts and all the pedestrians, we cross that, and we go into tlle e . • s court parking lot and dodge the little concrete things e 9ump out on Seagate to tum left. ._-Y'', ,ii going to propose just to put a straight path. Not a --just a pedestrian and a cycling path with a bollard so that, you know, not even a golf cart can get through there. I'm not going to involve --I'm not going to, you know, get involved with all the public comment and all that. So I just want to --I'm probably going to try Page 196 March 26, 2024 to bring that up in the next meeting so that --it's a safety issue. Other than that, I thought we had some pretty decent conversation today. There are lessons to learn from this project, and there's --I appreciate you pulling off the tourism thing. And I thought we had some good conversation, and we're going to have some things coming back from staff that I think will be help ,l~ And with that, it's suppertime. We're adjourned. ******* ~c, ****Commissioner Kowal moved, seconded b~ m1ss1oner Saunders and carried that the following items u der e consent and summary agendas be approved and/ or ado ed * * * Item #16Al ~◊ CLERK OF COURTS TO RE EA PERFORMANCE BOND IN THE AMOUNT OF$, ,~80 • HICH WAS POSTED AS A DEVELOPMENT GUA NTEE FORAN EARLY WORK AUTHORIZATION (E ,1/ A FOR WORK ASSOCIATED WITH WINCHESTER< ASE 2, PL20230014392 -THE FINAL PLAT WAS APPRO E D r'f THE BOARD ON DECEMBER 12, 2023 , I( C ff~ 0 F COURTS TO RELEASE A PERFORMANCE BOND IN £ AMOUNT OF $233,240, WHICH WAS POSTED AS A GU RANTEE FOR EXCAVATION PERMIT NUMBER PL20220005335 FOR WORK ASSOCIATED WITH STONEBRIDGE COUNTRY CLUB -GOLF COURSE RENOVATIONS -STAFF INSPECTED THE LAKES ON Page 197 March 26, 2024 FEBRUARY 20 2024 Item #16A3 CLERK OF COURTS TO RELEASE A PERFORMANCE BON IN THE AMOUNT OF $163,400, WHICH WAS POSTED AS GUARANTEE FOR EXCAVATION PERMIT NUMBER ~ PL20220008091 FOR WORK ASSOCIATED WITH T:,,---.:;-...._ VINEYARDS COUNTRY CLUB -SOUTH GOLF l§}lSE RENOVATION -STAFF INSPECTED THE LA - FEBRUARY 20 2024 Item #16A4 . So RELEASE OF A CODE ENFORQ N4 • LIEN WITH AN ACCRUED VALUE OF $303,195.6 • ORA REDUCED PAYMENT OF $19,940.60 IN THE COD fORCEMENT ACTION TITLED BOARD OF COUNTY Ge [SSIONERS VS. JASON LEE WILLARD EST., RELAT TO PROPERTY LOCATED AT 1680 ACREMAKER RD, COLL ER COUNTY, FLORIDA-ACQUIRED VIAA TAX DE THE NEW OWNER BROUGHT THE PROPERTY • TO ·OMPLIANCE ON JULY 14, 2023 I.:W-TION 2024-43: A RESOLUTION TO HOLD A PUBLIC H ING ON APRIL 9, 2024 TO CONSIDER VACATING FOUR 30-OOT-WIDE PUBLIC ROAD RIGHT-OF-WAY EASEMENTS, AS DESCRIBED IN OFFICIAL RECORD BOOK 70, PAGE 504, OFFICIAL RECORD BOOK 90, PAGE 487, OFFICIAL RECORD BOOK 111, PAGE 129, AND OFFICIAL RECORD BOOK 172, Page 198 March 26, 2024 PAGE 596, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 1,050 FEET EAST OF LOGAN BOULEVARD AND LYING SOUTH OF IMMOKALEE ROAD (CR-846) IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ~ (PL20240000788) "'~ 0~ ~ Item #16Bl AWARD INVITATION TO BID (1TB) NO. 23-81 "INSTALLATION & MAINTENANCE OF 'E ~ C SIGNALS AND ROADWAY LIGHTING" TO SOUTHE ' S GNAL & LIGHTING, INC., (PRIMARY VEND0&1 , ND HORSEPOWER ELECTRIC INC., (SECONDARY E . 0 , AUTHORIZE THE CHAIRMAN TO SIGN THE ATT~0 AGREEMENT Item #16B2 A FIRST AMENDMENT TH SUPERIOR LANDSCAPING & LAWN SERVICE, INC , A DA SECOND AMENDMENT WITH SUPERB LAND CAPE SERVICES, INC., UNDERAGREEMENT NO. 18-743Q. 'LA fJSCAPE MAINTENANCE VENDORS," EXTENDING OSEAGREEMENTS FORAN ADDITIONAL 180 DAYS, v AUTHORIZE THE CHAIRMAN TO SIGN THE ATTA<CMEDY AMENDMENTS AWARD INVITATION FOR QUALIFICATIONS (IFQ) NO. 23- 8135 "EXOTIC VEGETATION AND NUISANCE VEGETATION REMOVAL" TO EARTHBALANCE CORPORATION, EARTH Page 199 March 26, 2024 TECH ENVIRONMENTAL SERVICES, LLC., SANDHILL ENVIRONMENTAL SERVICES , LLC ., A+ ENVIRONMENTAL RESTORATION, LLC., WOODS AND WETLANDS, INC., PENINSULA IMPROVEMENT CORPORATION DBA COLLIER ENVIRONMENTAL SERVICES , ENVIRONMENTAL ~ RESTORATION CONSULTANTS , INC ., DEANGELO ~ CONTRACTING SERVICES, LLC., AND AUTHORIZE Fifi CHAIRMAN TO SIGN THE ATTACHED AGREEME Item #16B4 A BUDGET AMENDMENT IN THE AMO O $22,532.20 TO RECOGNIZE REVENUES RECEIVED FR OM TRAFFIC ACCIDENT REIMBURSEMENTS.F -SURANCE COMPANIESINLANDSCAPE RR ~ TFUND 1012 Item #16B5 RECOGNIZING CARR RWARD FUNDING FOR THE COLLIER METROPO IT N PLANNING ORGANIZATION (MPO) IN THE OUNT OF $5,828.30, EARNED FROM THE FY 2022/23 TRA -$PORTATION DISADVANTAGED PLANNING GRANT, ND O APPROVE ALL RELATED NECESSARY BUDGET E DMENTS AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 147DE) REQUIRED FOR THE WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT PHASE 2 (PROJECT NO. 60142, Page 200 March 26, 2024 ESTIMATED FISCAL IMPACT: $28,871 FROM STORMWATER CAPITAL IMPROVEMENT FUNDS)-FOLIO #661945360006 Item #16B7 CHANGE ORDER NO . 1 UNDERAGREEMENTNO. 22-7 ,~ WITH SACYR CONSTRUCTION USA FOR THE CR862 VANDERBILT BEACH ROAD EXTENSION FROM 9 1 COLLIER BLVD . TO 16TH ST. NE PROJECT FO N£ HUNDRED SEVENTY-THREE (173) ADDITIO --K AYS AND $790,742.31 FOR UNFORESEEN ADDITIO A EMS REIMBURSABLE FROM THE OWNER'S A O ANCE, INCLUDING AN AFTER-THE-FACT P-"'""'---ENT IN THE AMOUNT OF $17,126.29 FORM T ~ESTING, AND AUTHORIZE THE CHAIRMAN S ~-N THE ATTACHED CHANGE ORDER. (PROJECT N O . <i5 168, ESTIMATED FISCAL IMPACT: $790,742.31 FRO O TRACT ALLOWANCE- ROADWAY FUNDS) -~ (IS DING THE COMPLETION DATE TO MARCH 18 2026 ; Item #16B8 THE ELECTR IC SUBMISSION OF THE COUNTY INCENTI NT PROGRAM (CIGP) AND THE TRA S, O-RTATION REGIONAL INCENTIVE PROGRAM (TRIP) A ~ ~TIONS WITH THE FLORIDA DEPARTMENT OF TIBA · SPORTATION TO FUND THE DESIGN OF A MAJOR INTERSECTION IMPROVEMENT AT GOLDEN GATE PARKWAY AND LIVINGSTON RD. IN THE AMOUNT OF $6,000,000 -ALLOWING FOR OPTIMIZED TRAFFIC FLOW AND REDUCED DELAYS AND IMPROVED ROADWAYS Page 201 March 26, 2024 Item #16B9 RESOLUTION 2024-44: A LOCAL AGENCY PROGRAM (LAP) FEDERAL-FUNDED GRANT AGREEMENT WITH THE ~ FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTJ ~ REIMBURSING THE COUNTY UP TO $8,710,000 FOR 'f~ CONSTRUCTION OF THE 16TH STREET NE BRID P OJECT AND AUTHORIZE THE NECESSARY BUDGET A ~DMENT, FPN 451283-1-58-01 (PROJECT N0.60212, FUN il:ll) Item #16Cl DONATION AGREEMENT WITH.C , , PARK OF COMMERCE OWNERS' ASSO ,Pi. I , INC.,AFLORIDANOT- FOR-PROFIT CORPORATION A\J' COST NOT TO EXCEED $750 FOR PAYMENT OF PR0 ERTY OWNER'S ATTORNEY FEES FOR THE ACQUI I I OF A UTILITY EASEMENT TO EXPAND THE EASEME AREA FOR PUMP STATION 309.12 - ACCOMMODATING PORTABLE GENERATOR IN THE EVENT OF A P 0 WER OUTAGE Item#16C ~ AN S-£ £NT TO FLORIDA POWER & LIGHT CO., FOR / -~ ~ATION OF A SWITCH CABINET TO FACILITATE CO YERSION OF OVERHEAD TO UNDERGROUND SERVICE, AT THE GOLDEN GATE WASTEWATER TREATMENT PLANT AT 4931 32ND AVE SW, NAPLES, FLORIDA-FOLIO #36450440006 Page 202 March 26, 2024 Item #16C3 WAIVE LIQUIDATED DAMAGES OF $97,020 FOR COMPLETION OF THE WALL, GATE, AND LANDSCAPING FOR THE COMMUNITY PUMP STATION 101.16 ~ REHABILITATION PROJECT; APPROVE THE REVISED NOTICE TO PROCEED ESTABLISHING SUBSTANTIAB · ND FINAL COMPLETION DATES; APPROVE AFTER-T -ACT PAYMENT OF PAY APPLICATION 1 THE AMOl.JN::L ~ $93,094.24 FOR THE PROJECT WORK COMP -~ THROUGH AUGUST 31, 2023;ANDAPPROVE CONT..os..._, ... ,._,~~ 'ORK.AND COMPLETION OF THE PROJECT PROJE 139 Item #16Dl • ~ ~ AMENDMENT #9 TO THE STA'D E D LOCAL FISCAL RECOVERY PLAN TO INCL 'A REALLOCATION OF FUNDS TO SUPPORT F ~-... .LJABLE HOUSING AND MENTAL HEALTH SERVICES A LLOW FOR THE PURCHASE OF ADDITIONAL AMBU. ANCES TO ENHANCE SERVICES THROUGHOU OLLIER COUNTY -AS DETAILED IN THE EXECUTIV SU M ARY A @ T AMENDMENT TO RECOGNIZE INTEREST E R ·ED, IN THE AMOUNT OF $1,760.02, FOR THE PERIOD OF CTOBER 2023 THROUGH DECEMBER 2023 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES FOR THE USE OF COLLIER COUNTY RESIDENTS Page 203 (PUBLIC SERVICE MATCH FUND 1840) Item #16D3 March 26, 2024 (1) A FUND TRANSFER IN THE AMOUNT OF $27,600 TO EMERGENCY SOLUTIONS GRANTS PROGRAM PY22 Al ~H FUND FROM COLLIER COUNTY SENIORS FUND (2 ) TRANSFER $2,400 WITHIN EMERGENCY SOLUTI GRANTS PROGRAM HOUSING MATCH FUND R -0)lV! PY21 MATCH PROJECT TO PY22 PROJECT AND (3 ,r-.._,~.... LOCATE $677.60 OF MATCH WITHIN PY22 PROJE <t MEET THE REQUIRED FEDERAL MATCH OBLIGATI N FOR THE EMERGENCY SOLUTIONS GRANT P~~GRAM Item# 16D4 ~◊ THE STATE HOUSING INIT ~T WES PARTNERSHIP ANNUAL REPORT AND LOCAL -~ S . G INCENTIVE CERTIFICATION FOR THE CLOSEOUT ISCAL YEAR 2020/2021 AND AUTHORIZE THE EL liC -RONIC SUBMISSION TO FLORIDA HOUSING FIN CE CORPORATION TO ENSURE COMPLIAN WIWH PROGRAM REQUIREMENTS (SHIP GRANT FUN 053) -WHICH IS DUE TO FHFC BY MARCH 31, 2024, -~INTERNET SUBMITTION TH CHAIRMAN TO SIGN THE HUD FEDERAL FINANCIAL REPORT SF-425 FOR THE CLOSE OUT OF THE HOME GRANT FOR FISCAL YEARS 2011, 2012, 2013, 2014, 2015, AND 2017 Page 204 March 26, 2024 Item # 16D6 -Continued to April 9, 2024 (Per Agenda Change Sheet) Item #16D7 A DONATION OF $75,000 FROM THE FRIENDS OF THE LIBRARY OF COLLIER COUNTY, INC., TO THE COLLI COUNTY PUBLIC LIBRARY FOR THE PURCHASE OF EBOOKS AND EAUDIO TO ENHANCE THE LIB ELECTRONIC MATERIALS COLLECTION, AND 0 AUTHORIZE THE NECESSARY BUDGET AMliN~MENT Item #16D8 THE ANNUAL FY24-25 RETIREQ , N IOR VOLUNTEER PROGRAM GRANT AWARD F~QM ERICORPS SENIORS IN THE AMOUNT OF $77,500 WIT ~ E REQUIRED MATCH OBLIGATION OF $47,754 A 1 ~UTHORIZE THE NECESSARY BUDGET AMENDMEN . U MAN SERVICES GRANT FUND 1835 AND HUMAN SER ICES MATCH FUND 1836) ; Item #16D9 "AFTER-HE-CT" SUBMISSION OF A GRANT APPLICA'. TO THE FLORIDA DEPARTMENT OF CHI Q -AND FAMILIES FOR THE CRIMINAL JUSTICE, HEALTH, AND SUBSTANCE ABUSE RE ESTMENT GRANT PROGRAM IN THE AMOUNT OF $2,407,857 INCLUDING $1,207,857 IN MATCH OVER THREE (3) YEARS Item #16D10 Page 205 March 26, 2024 THE CHAIRMAN TO SIGN A FOUR-YEAR AGREEMENT BETWEEN COLLIER COUNTY AND THE DAVID LAWRENCE MENTAL HEALTH CENTER IN THE AMOUNT OF $900,000 TO OPERATE THE COLLIER COUNTY ADULT DRUG COURT PROGRAM UTILIZING FUNDS FROM THE DEPARTME {})f JUSTICE, BUREAU OF JUSTICE ASSISTANCE Item #16Fl ADOPT THE 2024 STRATEGIC PLAN WIT LUSION OF CHANGES BASED UPON DIRECTIO DAT THE FEBRUARY 6, 2024, BOARD WORKS • Item#16F2 ~ TITLE TO TRACT 10, WI -½ ... ,...._......,, AY, PHASE I, SUBJECT TO CERTAIN ENCUMB RSUANT TO ORDINANCE NO. 23-46 AND ITS ~~-AMENDED SETTLEMENT AGREEMENT -BET COLLIER COUNTY AND LODGE ABBOTT ASS ES, LLC Item #16F - GE )'1illER NO . 1 FORA 180-DAY TIME EXTENSION ~ COLLIER COUNTY JAIL FIRE ALARM RE A CEMENT" PROJECT, UNDER AGREEMENT NO. 22-8018 WIT NATIONAL SECURITY FIRE ALARM SYSTEMS, LLC. (PROJECT NO. 50237) -REVISING THE COMPLETION DATE TO NOVEMBER 28, 2024 Page 206 March 26, 2024 Item # 16F 4 -Moved to Item # 11 E (Per Agenda Change Sheet) Item #16F5 -Moved to Item #1 lF (Per Agenda Change Sheet) Item#l6F6 ~ THE THIRD AMENDMENT TO A MEMORANDUM OF 4. 'b- UNDERSTANDING (MOU) BETWEEN PUBLIC SE I S DEPARTMENT, COMMUNITY AND HUMAN SE ~ES, AND COLLIER COUNTY EMERGENCY MEDICAL ,rICE (EMS), TO MODIFY SCOPE OF WORK FROM FO ~ --B LANCES TO THE PURCHASE OF UP TO SEVEN AM , NCES UNDER COLLIER PUBLIC HEALTH INFRASTR4JCTURE PROGRAM, ARP21-23, FOR A TOTAL OF $2. 7. _.. _ _,__..&...>(...,__,_lrl I WITHIN THE EMERGENCY MEDICAL SERV,I H NT FUND UNDER THE AMERICAN RESCUE PLA ' ~T, LOCAL FISCAL RECOVERY FUND Item #16F7 ~~ ; RENEW A CE ICATE OF PUBLIC CONVENIENCE AND NECESSITY QR ASS 2 ALS NON-EMERGENCY INTER- FACILIT AMR LANCE TRANSPORTS TO MEDTREK MEDICAL; NSPORT, INC., TO PROVIDE INTER-FACILITY AN , I F COUNTY AMBULANCE TRANSFER SERVICES BUDGET AMENDMENT WITHIN COUNTY WIDE CAPITAL PROJECT FUND (3001) IN THE AMOUNT OF $850,000 TO NEW AIR CONDITIONERS PROJECT (52162) FROM REROOFING Page 207 March 26, 2024 PROJECT (#52161) TO SUPPORT CURRENT PRIORITY NEEDS Item #16F9 RESOLUTION 2024-45: A RESOLUTION APPROVING ~ AMENDMENTS (APPROPRIATING GRANTS, DONATIO , , CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO 'F FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BWDGET AMENDMENTS IN THE ATTACHED RESOLUTIQ ~AVE BEEN REVIEWED AND APPROVED BY THE JtD OF COUNTY COMMISSIONERS VIA SEPA~ E ~ C:UTIVE SUMMARIES Item #16F10 • AFTER-THE-FACT ELECTRON 1 C UBMITTAL OF AN ASSISTANCE TO FIREFIG I GRANT APPLICATION TO FEMA IN THE AMOUN~O !883,600.00 FOR THE PURCHASE OF 94 REPLACEMENT [) TABLE RADIOS FOR EMS AND TO ALLOW THE COUNT ANAGER, OR DESIGNEE, TO SERVE AS THE AUTH IZED REPRESENTATIVE IN THE ELECTRONI,f'. Y EM, FEMA GO, THROUGHOUT THE GRANT PER &D PORT COVERING BUDGET AMENDMENTS IMPACTING RE RYES UP TO AND INCLUDING $25,000 AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $50,000. (ALL DISTRICTS) -FOR OTHER CONTRACTUAL Page 208 March 26, 2024 Item #16F12 THE CHAIRMAN TO EXECUTE AN AMENDMENT AND EXTENSION TO AN EXISTING AGREEMENT BETWEEN THE VILLAS AT BAREFOOT BEACH HOMEOWNER'S ~ ASSOCIATION, INC., AND COLLIER COUNTY FOR A ✓ '\ ~ MAINTENANCE AGREEMENT FOR CONTIGUOUS ~ PROPERTIES AT BAREFOOT BEACH PARK NORT , ~ CESS - MAKING THIS AGREEMENT VALID FROM DE '-'~.A~ ER 10, 2023, THROUGH DECEMBER 10, 2030 Item #16F13 RENEW THE ANNUAL CERTIFI UBLIC CONVENIENCE AND NECESS ¥-OPCN) AND PERMIT FOR A CLASS 1 (ALS TRANSPORT ~ SCUE) AND CLASS 2 (ALS INTRA-FACILITY ALS BULANCE TRANSPORT) FOR THE SEMINOLE TRIB ~I RESCUE DEPARTMENT WITHIN THE BOUNDARIES OF E SEMINOLE TRIBE IN IMMOKALEE Item #16Hl ~ PROCLAMX f ON DESIGNATING APRIL 13 -20, 2024, AS PIC ~o~•.L..,'L WEEK IN COLLIER COUNTY. ACCEPTED BY ~E, CEO, PICKLEBALL FOR AMERICA AND TERRI GR¾. I AM AND CHRIS EVON, CO-FOUNDERS OF THE MINTO US PEN PICKLEBALL CHAMPIONSHIPS Item #16H2 Page 209 March 26, 2024 PROCLAMATION DESIGNATING MARCH 2024 AS AMERICAN RED CROSS MONTH IN COLLIER COUNTY. ACCEPTED BY JILL PALMER, EXECUTIVE DIRECTOR, SOUTH FLORIDA REGION, AND DENNIS G.E. SANDERS, COMMUNITY VOLUNTEER LEADER Item #1611 04 MISCELLANEOUS CORRESPONDENCE MARChl 2024 Page 210 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 26, 2024 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Naples Heritage Community Development District: 01 /02 /2024 Agency Memo, Signed Minutes & Agency Mailing 2) Cedar Hammock Community Development District: 02 /13 /2024 Agency Memo , Signed Minutes & Agency Mailing 3) Quarry Community Development District: 02/12 /2024 Agency Memo , Signed Minutes & Agency Mailing March 26, 2024 Item #16Jl DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 20 2024 Item #16J2 4.'h- 0 TO RECORD IN THE MINUTES OF THE BOARD ('.OUNTY COMMISSIONERS, THE CHECK NUMBER (OR ER PAYMENT METHOD), AMOUNT, PAYEE, .N URPOSE FOR WHICH THE REFERENCED DISBURSEM -'PS IN THE AMOUNT OF $31,541,560.17 WERE D , FOR THE PERIODS BETWEEN FEBRUAR 2 , 0 ,, AND MARCH 13, 2024 PURSUANT TO FLORID ~ ~A' TE 136.06 Item #16Kl RESOLUTION 2024-46: PPOINT THE INITIAL MEMBERSHIP g~~~:~i~-(R,Qi~P~IN~~ci~:6~~;~~:;NPORT AND BRIAN GAL£ GA WITH TERM EXPIRING ON MARCH 26, 2026, REAPPel TING JEAN HOFSTETTER, JANA BOGER AND ALB SANCHEZ JIMENEZ WITH TERMS EXPIRING ON -· ., · CJI 26, 2027 THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE BOARD OF COUNTY COMMISSIONERS REVIEW AND ACCEPT THE 2023 ANNUAL REPORTS FOR THE Page 211 March 26, 2024 TWO COMMUNITY REDEVELOPMENT COMPONENT AREAS: BAYSHORE GATEWAY TRIANGLE AND IMMOKALEE AND PUBLISH THE REPORTS ON THE APPROPRIATE WEBSITES Item #17A ORDINANCE 2024-07: AN ORDINANCE AMENDING FUTURE LAND USE ELEMENT OF THE COLLIER O TY GROWTH MANAGEMENT PLAN TO CREATE TH ~OME DEPOT-SE NAPLES COMMERCIAL SUBDISTR TO ALLOW DEVELOPMENT OF 140,000 SQUARE FE R;I ROSS FLOOR AREA OF COMMERCIAL USES AND HOM PMPROVEMENT STORE USES. THE SUBJECT PROPER I LOCATED ON THE SOUTH SIDE OF TAMIAMI TRA L S ~U.S. 41), APPROXIMATELY 650 FEET E . ~ , BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, ~O IDA, CONSISTING OF 13.77± ACRES. [PL20220000946] ( _!J MPANION ITEM TO #17B) Item #17B 024 08: AN ORDINANCE REZONING PROPERT. T ESTABLISH THE HOME DEPOT -SE NAPLES CPUD TO ~ OW DEVELOPMENT OF 140,000 SQUARE FEET OF O)SS FLOOR AREA OF COMMERCIAL/OFFICE USES AWfl (t)M E IMPROVEMENT STORE USES; AND TO REPEAL AN O D PROVISIONAL USE RESOLUTION AND REZONE ORDINANCE COMMITMENT RELATED TO AN ACCESS ROAD. THE SUBJECT PROPERTY IS 13.77+ ACRES LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41), APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS Page 212 March 26, 2024 ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA . [PL20220000543] (COMPANION ITEM TO #17 A) Item #17C ORDINANCE 2024-09: AN ORDINANCE AMENDING FUTURE LAND USE ELEMENT OF THE COLLIER O TY GROWTH MANAGEMENT PLAN TO CREATE TH ~OAT HOUSE COMMERCIAL SUBDISTRICT TO AL k A MAXIMUM OF 32,500 SQUARE FEET OF G OS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BCh SJ\LES AND BOAT AND ENGINE SERVICES AND REP i . 'HE SUBJECT PROPERTY, CONSISTING OF 3.6 @ -SIS LOCATED SOUTH OF RADIO ROAD, NORTH OF ~ S BOULEVARD AND EAST OF RADIO ROAD IN SECT 0 1 t , TOWNSHIP 50 SOUTH, RANGE 26 EAST. [PL2 ~30 0. 069] (COMPANION ITEM TO #17D Item #17D ~024-10: AN ORDINANCE REZONING PROPERT . -OM THE COMMERCIAL INTERMEDIATE DIS J; I C.C C-3) ZONING DISTRICT TO A COMMERCIAL PL "D UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FO HE PROJECT TO BE KNOWN AS THE BOAT HOUSE CP • D TO ALLOW THE DEVELOPMENT OF UP TO 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) COMMERCIAL USES OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES Page 213 March 26, 2024 AND BOAT AND ENGINE SERVICES AND REPAIRS FOR THE PROPERTY LOCATED SOUTH OF RADIO LANE, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; CONSISTING OF 3.5+/-ACRES. ~ [PL20230002068] (COMPANION ITEM TO #17C) "'~ ~ Item#l7E ~o ORDINANCE 2024-11: THIS ITEM HAS BEEN C&N TINUED FROM THE FEBRUARY 27 2024 BCC ME~T N. . AN ORDINANCE AMENDING THE COLLIER O TY LAND DEVELOPMENT CODE TO CLARIFY • E REGULATIONS PERTAINING TO MOBILE HOMES • 1 ED IN THE COASTAL HIGH-HAZARD ARE , 6Y MOVE DUPLICATIVE FLOODPLAIN PROTECTION R • ATIONS THAT ARE CODIFIED IN THE COLLIE TY CODE OF LAWS OF ORDINANCES OR wri: H LORIDA BUILDING CODE, AND TO UPDATE CITA'R NS AND CORRECT SCRIVENER'S ERRORS (COMPANION ITEM TO #17F) Item#l7F ~ ORDINA 024-12: AN ORDINANCE AMENDING THE COL BR OUNTY CODE OF LAWS AND ORDINANCES TO U m~ TEMPORARY EMERGENCY HOUSING AND F {9 PLAIN DEVELOPMENT REGULATIONS. (COMPANION ITE TO #17E) Item #170 Page 214 March 26, 2024 ORDINANCE 2024-13: AN ORDINANCE AMENDING ORDINANCE NO. 2019-14, WHICH ESTABLISHED THE CURRENTS COMMUNITY DEVELOPMENT DISTRICT, IN ORDER TO CONTRACT THE EXTERNAL BOUNDARIES OF THE DISTRICT, RESULTING IN A NET CONTRACTION OF 5.12±ACRES FROM 516.25±ACRES TO 511.152±ACRES6 ~ Item #17H 0~ ~ RESOLUTION 2024-47: A RESOLUTION APP -0 G AMENDMENTS (APPROPRIATING CARRn<: ORWARD, TRANSFERS, AND SUPPLEMENTAL REVWN TO THE FY23-24 ADOPTED BUDGET. (THE ~_,..,.,.,,__GET AMENDMENTS IN THE ATTACHED RESOLUTIO , ~ EEN REVIEWED AND APPROVED BY THE BOAi O , COUNTY COMMISSIONERS VIA SEPARAT EXECUTIVE SUMMARIES Page 215 March 26, 2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:32 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX ~ OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS C© • ~c, CHRIS HALL, CHAIRM'8, ATTEST: -~~ CRYSTAL K. KINZEL, CLE , ; These minutes ar ed by the Board on ________ _ as presented ....,./:~---or as corrected ____ _ ~ TRAN S(C R PT PREPARED ON BEHALF OF FORT MYERS C REPORTING BY TERRIL. LEWIS, REGISTERED PR(9. SSIONAL COURT REPORTER, FPR-C, AND NOTARY PU LIC. Page 216