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Agenda 06/11/2024 Item # 2B (BCC Minutes from May 14, 2024)06/11/2024 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Doc ID: 29046 Item Summary: May 14, 2024, BCC Minutes Meeting Date: 06/11/2024 Prepared by: Title: Management Analyst II – County Manager's Office Name: Geoffrey Willig 05/29/2024 4:24 PM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 05/29/2024 4:24 PM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 05/29/2024 4:24 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM 2.B Packet Pg. 14 May 14,2024 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 14, 2024 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Chris Hall Rick LoCastro Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Edward Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 1 May 14,2024 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: Good morning, everyone. Welcome to the commissioner meeting. I want to welcome everyone online, and we want to say a special "good morning" to Ms. McDaniel. We know you're watching. We all love you. COMMISSIONER McDANIEL: Everybody wave to Mother. COMMISSIONER LoCASTRO: She just sent me a text. She said, "Bill, sit up straight." CHAIRMAN HALL: Oh, I want to remind you, if you have not done so, please silence the cell phone. It's kind of embarrassing when it goes off, and we'll try to save you that trouble. COMMISSIONER McDANIEL: You got yourself off? CHAIRMAN HALL: I better check. COMMISSIONER McDANIEL: I was just checking with him. CHAIRMAN HALL: All right. Ms. Patterson, what have we got? Item # 1 A INVOCATION BY PASTOR JOE NEGRON, GROW CHURCH — SOUTH NAPLES (ESTEY AVE.) - INVOCATION GIVEN MS. PATTERSON: Good morning. We'll start with our invocation and Pledge of Allegiance. Our invocation will be by Pastor Joe Negron from Grow Church, South Naples, and leading the Pledge today is Captain Jack Fullmer, U.S. Marine Corps, treasurer of the Southwest Florida Military Officers Association. PASTOR NEGRON: Good morning. Let us pray. Lord, we invite you to take your place as king, as sovereign king, as supreme ruler. We recognize that your ways are higher than your thoughts, are higher than ours; therefore, we call on your divine Page 2 May 14,2024 wisdom, your divine strength. We ask for your perspective, Lord. Lord, as we pray, we ask that you would give wisdom to our commissioners, that you would guide them to all truth. Lord, therefore, we ask that you would just give us discernment, that you would even allow us to preserve your word as we do so. Lord, that everything that we do is driven by love and compassion for others. We ask that you would give us even the strength and courage to be able to defend our county, Lord, and preserve it as one of the best places to live in America. We thank you, Lord, as we proclaim anything that the enemy has stolen from us, and we declare that no weapon form against us will prosper. In Jesus name we pray, amen. MR. FULLMER: Please remain standing, face the flag, hand over your heart or salute, and recite the Pledge with me. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HALL: Don't you just feel better in yourself after saying the Pledge of Allegiance and praying? MS. PATTERSON: Commissioners, agenda changes for May 14th, 2024. Continue Item 4B to the May 28th, 2024, BCC meeting. This is a proclamation designating May 2024 as National Foster Care Awareness Month, and this was at the applicant's request. Move Item 16H2 to 4C. This is a proclamation designating May 2024 as Stroke Awareness Month. Move Item 16F 1 to 11 E. This is a recommendation to approve a resolution establishing an outdoor burning ban in the incorporated areas of Collier County in accordance with Ordinance No. 2023-38, as amended, the regulation of outdoor burning and incendiary devices during drought conditions. This is being moved at Commissioner Saunders' request. And continue Item 16A8 to the May 28th, 2024, BCC meeting. Page 3 May 14,2024 This is a recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of the sewer facilities and appurtenant utility easement for Seychelles offsite utilities, and this is being moved at staff s request. We have court reporter breaks scheduled for 10:30 and at 2:50. With that, County Attorney. MR. KLATZKOW: No changes. Thank you. MS. PATTERSON: Commissioners, that would be any changes to the agenda -- any further changes to the agenda and any ex parte on the summary, which we don't have any, or the consent. CHAIRMAN HALL: All right. Before we do ex parte and changes, I think we've two registered speakers that we want to hear real quick for one of the agenda items. MR. MILLER: Mr. Chair, yes. Consent Agenda Item 16K11, we have two registered speakers. Laurie Harris will be followed by Eva Front. MS. HARRIS: Good morning, Commissioners. COMMISSIONER SAUNDERS: Good morning. MS. HARRIS: Good to see you all. I understand from Commissioner Saunders that you have chosen me to be the representative on the Domestic Animal Services Advisory Board. And I thank you from the bottom of my heart that you have chosen me for that position and your faith in me to do it properly. As Commissioner Saunders so eloquently put it, "I caught the car." So my first order of business is to thank you for your support so far. Ms. Patterson, Mr. French, and Ms. Williams and their staff have been all over the county shelter. And the steps that they have taken have had an absolute immediate positive effect. It is joyous now to go there. May 14,2024 So these positive changes, they need to be continued and, as you know, the most pressing item that's coming up is the budget, and that budget will include staffing and enforcement. I am aware that enforcement -- the ACOs are moving to code, but that still needs to be addressed in the budget. So I am sensitive to that budget process, and I'm asking you to keep an open mind about increasing DAS's budget instead of decreasing or maintaining. We do not want to go back to where we were. We've come so far in a very short period of time, and that momentum needs to keep going. The advisory board has a May 20th meeting, that's this coming Monday, at 4 o'clock in this room. To date, an agenda has not been issued for that meeting. I am assuming -- I do not know. I've not spoken to anybody on the advisory board, but I am assuming the top item on that agenda will be the budget. So hopefully we will come to you at some point in June with budget information and requests. So I look forward to working with you, keeping this phenomenal momentum going. If you have any questions for me, please let me know. And I'm very excited for the future of DAS. For the animals who have no voice, we are their voice. CHAIRMAN HALL: Thank you, Ms. Harris. MS. HARRIS: Thank you. MR. MILLER: Your next and final speaker on this item is Eva Front. COMMISSIONER McDANIEL: And just as a point of clarification, Laurie, you're not in yet until we vote. MS. FRONT: Good morning -- good morning, Commissioners. I'm here today to ask for your consideration in possibly changing the composition of the Domestic Animal Services Advisory Board to better serve our community. Position of veterinarian or veterinary technician, given the Page 5 May 14,2024 shortage of veterinarians in the United States, the existing professionals are overwhelmed with the amount of animals they care for, leaving very little time for extra activities. Sadly, it's estimated that by 2030 our country will be short of 40,000 veterinarians and over 100,000 vet technicians. Please consider replacing this position with a Collier County resident with a proven record in animal welfare, commercial construction, and/or business. The second position, also replacing the general county law enforcement representative position with an animal cruelty officer from our sheriff department. Maybe next slide, please. Animal cruelty unit was created to investigate, in particular, crimes on animals in Collier County. The officers are better versed on local and state laws pertaining to animal abuse. Most likely, 20 years ago when the ordinance on DAS Advisory Board was created, this department did not exist. Involving law enforcement that specifically deals with animal cruelty investigations would allow for more transparency and responsibilities as where DAS competency [sic] ends and it's time for law enforcement to step in. And also allow me to express my gratitude to you and our Collier County management for taking steps in updating our county animal shelter as well as adopting an ordinance establishing the Collier County animal abuser registry. Please know that these actions are being noticed and appreciated. Thank you again for your vision and dedication. MR. MILLER: And that is our final speaker on the consent agenda, sir. CHAIRMAN HALL: All right, great. We'll get on to changes and ex parte. Commissioner Kowal. COMMISSIONER KOWAL: I have no changes and no May 14,2024 disclosure or ex parte. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: No changes and no ex parte as well, Mr. Chairman. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: No changes; no ex parte. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: No changes, but I want it to be noted that I'm a "no vote" on Items F10 and 11, and no ex parte either. CHAIRMAN HALL: Okay. I have no changes and no ex parte. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER KOWAL - APPROVED AND/OR ADOPTED W/CHANGES — (EXCEPTION FOR ITEMS # 16F 10 & # 16F 11; APPROVED; COMMISSIONER MCDANIEL OPPOSED) MS. PATTERSON: If we could get a motion to approve today's regular, consent, and summary agenda as amended with the ex parte, or not. COMMISSIONER SAUNDERS: So moved. aye. COMMISSIONER MCDANIEL: Second. CHAIRMAN HALL: Moved and seconded. All in favor, say Page 7 May 14,2024 COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed. (No response.) COMMISSIONER McDANIEL: I said F10 and 11. CHAIRMAN HALL: F 10 and F 11. COMMISSIONER McDANIEL: Yes, sir. Our County Attorney's hearing was amiss when I spoke. CHAIRMAN HALL: Well, I'm certainly not casting any stones. 0• May 14,2024 Item #2B APRIL 23, 2024, BCC MINUTES - MOTION TO APPROVE AS PRESENTED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO — APPROVED MS. PATTERSON: Item 2B is approval of the minutes from the April 23rd, 2024, BCC meeting. COMMISSIONER MCDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: Moved and second to approve. 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: Motion passes. MS. PATTERSON: proclamations. Item #4A All right. That brings us to PROCLAMATION DESIGNATING MAY 2024 AS NATIONAL DRUG COURT MONTH. ACCEPTED BY JUDGE JANEICE MARTIN, PRESIDING JUDGE, COLLIER COUNTY DRUG COURT - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO — ADOPTED May 14,2024 Item 4A is a proclamation designating May 2024 as National Drug Court Month. To be accepted by Judge Janeice Martin, presiding judge, Collier County Drug Court. Congratulations. (Applause.) JUDGE MARTIN: Mr. Chairman and Commissioners, good morning and thank you, again, for the honor of coming into the chambers here and being welcomed and for this proclamation. I have learned in my work in this field that addiction is isolation and recovery is community. And the five of you serve as the face of our community, and so when you welcome all of us in, that speaks volumes in terms of your support, your endorsement of what we do in trying to help these folks turn their lives around. What they are doing with us takes tremendous courage and commitment. They will be quick to tell you that it is a whole lot harder to turn your life around than it is to just go do your time. And every now and then -- I've got a probation officer here -- somebody will say, "Just take me to jail. This is exhausting," and she'll say, "No." I'm incredibly grateful to our team. We've got probation and public defender here and some of our alumni as well who continue to support the ones who are still in the program. We are so, so, so grateful for your support, and we believe very strongly that this is a great use of resources. We are helping people reconnect with their families, helping them become productive members of our society. We've got sons and daughters, moms and dads, employees and even some employers. We've got some small business owners. And so what you're doing is making a difference, and we just wanted to say thank you. Thank you for having us in today. CHAIRMAN HALL: Thank you. If you're alumni, can you raise your hand. Thank you for supporting them. Page 10 May 14,2024 (Applause.) fiM. PROCLAMATION DESIGNATING MAY 2024 AS NATIONAL FOSTER CARE AWARENESS MONTH. ACCEPTED BY RICK JACOBS, 4KIDS SOUTHWEST FLORIDA EXECUTIVE DIRECTOR, AND KAROLE DAVIS, 4KIDS SOUTHWEST FLORIDA PARTNER ENGAGEMENT OFFICER — CONTINUED TO THE MAY 28, 2024, BCC MEETING MS. PATTERSON: Item 4B is a proclamation designating May 2024 as National Foster Care Awareness Month. To be accepted by Rick Jacobs, 4KIDS Southwest Florida executive director, and Karole Davis, 4KIDS Southwest Florida partner engagement officer. Congratulations. (Applause.) MS. PATTERSON: Wrong. Well, that's the one that got moved, as I just went ahead and read it. You know -- CHAIRMAN HALL: Stroke Awareness. MS. PATTERSON: -- if I'm not massacring somebody's name, I'm forgetting things that I moved myself. So sorry. Apologies. So we'll see them next meeting. COMMISSIONER McDANIEL: Not allowed today. MS. PATTERSON: Item #4C All right. Here we go. PROCLAMATION DESIGNATING MAY 2024 AS STROKE AWARENESS MONTH. TO BE DELIVERED TO SARAH STRZALKA, DIRECTOR OF STROKE AND QUALITY, Page 11 May 14,2024 PHYSICIANS REGIONAL HEALTHCARE SYSTEMS - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - ADOPTED MS. PATTERSON: Item 4C is a proclamation designating May 2024 as Stroke Awareness Month. To be accepted by Scott Lowe, CEO of Physicians Regional Pine Ridge, and Karl Leistikow, CEO of Physicians Regional Collier Boulevard. Congratulations. (Applause.) MR. LOWE: And just very quickly, I'll be very brief, but I just wanted to thank you all for the proclamation today and the recognition and awareness for stroke. It continues to be, you know, a challenge for many, many families in our area and across the country as far as stroke care. But there continue to be advances in treatment that are making some significant differences in the lives. And the time is of the essence, you know. So as our healthcare community continues to grow and advance and develop that care, we just want to make sure that the community knows of, you know, what's available to them at Physicians Regional, with the comprehensive stroke at Pine Ridge and the primary stroke designation at Collier. As I said, time is of the essence, and getting that care in an immediate way makes a huge difference in the outcome of those patients. So, again, thank you for stroke awareness. We just want to continue to develop that awareness across the community. So thank you for today. CHAIRMAN HALL: Thank you all. (Applause.) Item #5A Page 12 May 14,2024 ARTIST OF THE MONTH — FLORIDA DEPARTMENT OF HEALTH SWAT (STUDENTS WORKING AGAINST TOBACCO) PROGRAM - PRESENTED MS. PATTERSON: Item 5A is Artist of the Month. If I can turn your attention to the back of the room, I will tell you about our May Artist of the Month. The Florida Department of Health in Collier County is the presenter of the May Artist of the Month display spotlighting their SWAT, Students Working Against Tobacco, prevention program. The Collier County SWAT chapter maintains two active clubs at the middle and high school levels. SWAT students speak before local decision -makers and legislators on behalf of the Tobacco Free Collier Partnership. In addition, this partnership hosts an annual summer art contest that gives students an opportunity to show off their creativity with positive and healthy messages. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA That brings us to Item 7, public comments on general topics not on the current or future agenda. Troy. MR. MILLER: We have four registered speakers at this time. Your first speaker is Tom Despard. He will be followed by Carol DiPaolo. MR. DESPARD: Good morning, Commissioners. Thank you for your service to our community. I'm Tom Despard, a biker and resident of East Naples and a Page 13 May 14,2024 retired civil engineer, builder, and developer. I have dealt with asphalt paving my entire career. I'm here this morning to bring attention to how the county can improve the way asphalt bike and pedestrian trails are maintained in our county park system. I've been in contact with staff regarding the trails in Sugden Park and East Naples Park that have recently been overlaid by three to four inches of new asphalt paving, leaving the edges of these trails with drop-offs, creating unsafe conditions for bikers, walkers, joggers, baby carriages, and wheelchairs. Staff has indicated that this issue will be addressed in both parks by sand filling installed around the edges of the new paving. Hopefully this work will include soil and seeding or sodding. Due to its urgency and scale, I have recommended this work be done by outside contractors rather than park maintenance personnel. However, the larger issue is how to most effectively maintain the asphalt trails in our county parks. Best practice dictates that these trails need to be smooth and also at the same level as the surrounding grade and lawn areas and all done in an economical way. Having ridden these trails for the past seven years, I believe that they could have been repaired by scarifying; that is grinding or milling with a scarifier the size of a lawnmower as well as patching their surfaces as needed. A one -inch topping might have been applied to parts of these trails after scarification and patching. Asphalt trails that have been totally -- that have totally failed need to be removed and replaced with new asphalt. Keep in mind that this extra -thick overlay was not a structural consideration but was done to result in a smooth trail surface. To have overlaid these two trails with three to four inches was expensive and now requires a lot more work to fill in and seed or sod the edges, and the new trail surfaces will remain above the surrounding grades Page 14 May 14,2024 and will thereby adversely affect drainage, erosion, appearance, and mowing operations. I would be glad to interact further with staff about their approach to maintain our park trails. I told them I would be here today and will send them a copy of this transcript. I will send you -- a copy to all -you upon request. Are there any questions or comments? COMMISSIONER SAUNDERS: No. Thank you for bringing that to our attention. I see the manager's kind of shaking her head "yes." And I apologize, Mr. Chairman. CHAIRMAN HALL: No, go right ahead. COMMISSIONER SAUNDERS: But I thought maybe a comment from the manager might be appropriate because I can tell you, I've been on trails where I've stepped off, and there's a 2- or 3-inch drop-off. And if you're not really paying attention, you will fall down. If you're riding a bike, I can't even imagine if you'd veer off the trail a little bit, so good points. MR. DESPARD: I just don't think it's necessary to do what they did, that's all. MS. PATTERSON: Yes, sir. If I -- if I could have you see Mr. Rodriguez in the back of the room, he'll get your information. He's in charge of our Public Services division as well as other areas, and he can chat with you. Thank you. MR. DESPARD: Thank you very much. Appreciate it. COMMISSIONER SAUNDERS: Thank you. MR. MILLER: Your next speaker is Carol DiPaolo. She'll be followed by Darlene Santos. MS. DiPAOLO: Good morning, Commissioners. I'm going to thank all of you for your service. I'm not here really for an ask at all. I'm here actually for an invite. Page 15 May 14,2024 You know that there's a certain issue that's taking place, our open borders. We have over 170 countries that are sending in their mentally ill, criminals. We have cell -- you know, terrorists, cell terrorists that are coming in within the throng. We met with the Sheriff several times already, my husband and I, and he is extremely concerned about what's going on. You know, we have critical sites that we have to make sure are secured. We have to make sure that there are people, in case we do get a hit, that will be able to secure our county lines. So what we're doing is we are having an -- we are having a forum on June 5th. We'd like to invite each and every one of you to come out that night to be a part of this, to show your support, you know, for the Sheriff. We'd like to invite also the community to come out to learn that this is not a time of fear, because fear is not an option. But preparation and protection, they are options. Unfortunately, once these people are in the interior of our country, they have access to every single state. You know, they can cross state lines. So every state becomes a border state. So we'd like to invite each and every one of you to come out that night to perhaps, you know, really understand what's going on at the border. We're going to hear from Ann Vandersteel, who is a journalist who has covered the border. We have a border agent named Christopher Harris. He works out of San Diego, and he would like to actually tell us what is going on and what they see coming over the border. Unfortunately, there are over 300 terrorists already on the terrorist watch list that are here in our country, and these are the ones that we know. So I'd like to invite every one of you to come out to be our guest, you know, to be there and to try to really understand where do we go from here. You know, how do we protect our community? Page 16 May 14,2024 You know, is it the guardian program that we have put into schools? I'm concerned about our Jewish community, you know, because the synagogues and our Jewish residents, they are going to be targets also. So June 5th over at the NABOR conference center, so we'd like to have you come out and join us. Thank you. MR. MILLER: Your next speaker is Darlene Santos. She'll be followed by Uriel Trej o Villegas. MS. SANTOS: Good morning, Commissioners. Glad to be here. I had to make a decision. I either, you know, go to work or come here. So I thought a presence would be better than donating the money I would have made. And it's all for the animals. Anyway, I am Darlene Santos, a Collier County resident for the past 12 years, and a big-time animal lover. I've been fostering since 2016, and then I just, you know, recently sort of began to learn about Domestic Animal Services. And I -- you know, I just want to help, which is why I'm here. I want to learn what's going on. I hear things, and I don't know what's what. But I know there was a need for a vet, and I'm very happy to hear that that happened, that you were able to get a vet, as I'm hearing it's very hard. So -- and I hear that's going well. And anyway, I'm grateful. I've heard of changes. I'm not sure exactly what's what with some of the changes and -- which is why I'm here to learn, to support -- be a support for the people helping the animals. And the other thing, like, I've heard about is, you know, the budget, TNR, all these issues, and it just sounds promising that things are going to be looked at and tended to now that change is going to be possible with different board members, hoping -- you know, certainly hoping. Page 17 May 14,2024 But, anyway, I am a voice for the voiceless and just happy to be here and be a part of this and learn. Thank you. CHAIRMAN HALL: Thank you, Ms. Santos. MR. MILLER: Your next speaker is Uriel Trejo Villegas, and he will be followed on Zoom by Nikolay Marinov. MR. TREJO: Hello, Commissioners. Thank you for your time. I'm here today because these people behind me, they are food truck owners, and before they've even opened their food trucks here in this county, they've wasted time as well money. As you know, it is hard to come by for people like us -- and stress, on permits -- on all of that stuff that you need. They did everything by the law, as it should be, on paper, everything. Serve Safe, you know, all those recommendations that they need. And before they even did that, nobody from the county, nobody from, I guess, what it is, Serve Safe, nothing like that told them, "You guys are going to have a hard time," or "You guys are not allowed to open a business here in this county." And now that they have all these permits, their food trucks, everything, they are not allowed to operate under this county. And it is hard because of the time, especially money that they have -- that they have wasted, and all for nothing. And it's not like they're selling, obviously, nothing bad. It's just food, you know. And it's from where they also have to eat from. You know, it's money that they're getting. And -- well, it is hard. I think that if they were going to open a business here, somebody should have notified them that they are not allowed. And once they've actually been running their business, the inspectors or, you know, all those people have been coming by saying, "Hey, you're going to have to close down. You guys can't operate," but they haven't really given us a paper or nothing that's I May 14,2024 sealed saying by law or by the county saying, "You guys cannot operate herein this county." They've just been telling us, "Close down, or you're going to get fined." And if we weren't allowed in this county, it's fine, but give us some sort of paper on ink or something, but they're just leaving us out here in the open. You know, they aren't people that break laws. We aren't people that break laws. We follow the law. We're going to follow the county, whatever you guys state, as long as you let us know. If it's against, let us know by paper, something that's sealed, something important. If not, I don't want these people coming by into these -- fine people's trailer, food trucks, and letting them know that you guys cannot operate but not telling them exactly why, kind of sort of threatening them. I think since they've wasted their time, their money, stress on following the county's laws, you know, getting all these permits, I think what they deserve at least is some sort of paper or something from, I guess, here, something stating if they can or cannot operate. That is all. Thank you for your time. COMMISSIONER McDANIEL: Don't go away. What's your name? MR. TREJO: My name is Uriel Trej o, sir. COMMISSIONER McDANIEL: Hello, Uriel. MR. TREJO: Hello, sir. COMMISSIONER McDANIEL: There are two gentlemen in the back. One is the director of Code Enforcement. He's in the back of the room, and when we're done speaking here, you'll go out in the hallway with your friends, folks, and he'll explain to you what's, in fact, transpiring. You're not wrong. If there's anyone listening and a code enforcement officer approaches you with regard to what you're doing Page 19 May 14,2024 and how you're doing it -- food trucks are allowed in our community. If someone said that they're not, that's an incorrect statement. But you should always get, in writing, a citation, if nothing else, as to what you have done that is incorrect and where you can, in fact, go. Food trucks are allowed, but they're not allowed on every corner. They're not allowed on intersections that aren't properly zoned. They're not allowed where there isn't sufficient parking. They're not allowed in certain areas, but they are allowed and oftentimes welcomed. I think the county actually even owns their own. So I'm going to ask you to turn around, and the fellow in the pretty pink tie in the back, he's going to be the one to explain to you with regard to how, what, when, and where these folks can, in fact, transact their business. MR. TREJO: Okay. Thank you, sir, so much. I really appreciate it. CHAIRMAN HALL: Hang on, Uriel. Commissioner Saunders. COMMISSIONER SAUNDERS: No. I think Commissioner McDaniel covered it completely. I was going to basically say the same thing, that there's -- there may be some miscommunication here, because we do have food trucks. COMMISSIONER McDANIEL: Absolutely. COMMISSIONER SAUNDERS: We have, actually, by the courthouse. CHAIRMAN HALL: Go have a great conversation with him. I'm going to tell you that I'm all for people making a living and doing something creative and government being out of the way, but we do have some things that are in place that are for the good of all. So have a good conversation with Tom back there, and I think that you will -- Page 20 May 14,2024 COMMISSIONER McDANIEL: And it's about equity. It's about fairness. CHAIRMAN HALL: Yeah. COMMISSIONER McDANIEL: You're -- you can't -- you shouldn't be allowed to open up a business that is prohibited in a particular area. I mean, we're all about getting government out of the way, but you can't take away from a business owner who is properly licensed who's paying rent, who's paying sales tax, who's doing all those things and degradating an existing business already. So the information that's been provided that they're not allowed is -- as Commissioner Saunders said, it's misinformation, and that fellow in the back will help straighten things out. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: I was going to add, the biggest confusion in my district with food trucks is having a permit doesn't give you a blank check to just park your truck wherever you want, and that's the biggest misconception. "Hey, I got all the paperwork, and then I heard there was a soccer game over there, there's a bunch of people at the beach over there," and so the truck's going where the people are. I mean, as a business owner, that's what you do, you know, where you can sell. But some of those places are not permitted. They're not permitted. So it's not a matter of just parking the truck wherever you want. But, you know, we're here to work with you as well. But I've had a similar issue in my district where the trucks had the right paperwork, as you said, and then they park somewhere and they're told they couldn't be there, and their takeaway was that they couldn't be anywhere. And it's like, no, there's very specific places where we just can't arbitrarily, you know, let a truck park wherever they want, you know, just to sell. Page 21 May 14,2024 So there are some specifics, but I think the feedback will be good between them. I'm really glad you're here, and you're here with your fellow business owners. It will help us separate rumor from fact and give you some very definitive guidance as well. MR. TREJO: Thank you. Thank you. I really appreciate it. And, yeah, that's what they've been telling us, you know, we can't operate anywhere in the county -- COMMISSIONER LoCASTRO: Yeah, that's not true. MR. TREJO: -- in Collier County. CHAIRMAN HALL: That's not true. That's misinformation. MR. TREJO: That's what they've been telling us. They haven't told us -- they haven't given us no paper, nothing like that. COMMISSIONER McDANIEL: That's just incorrect. So go see that fellow -- CHAIRMAN HALL: You have a good conversation. MR. TREJO: Thank you so much. I would appreciate it. MR. MILLER: Mr. Chair, our final public comment under Item 7 comes to us on Zoom. Nikolay Marinov, you're being prompted to unmute yourself, if you'll do that at this time. Mr. Marinov -- there you are. Mr. Marinov, you have three minutes, sir. MR. MARINOV: Good morning, Chair and Board Members. I appreciate this opportunity. I'm going to be really quick. I'm a resident of Island Walk, which is at Vanderbilt Beach Road and Logan, northeast corner. A couple years ago, our association converted one of our tennis courts to four pickleball courts right across from multiple residences. They're separated only by a road, a community road. Now the association's planning to submit an SDPI application with Collier County for expanding and building additional pickleball courts next to the existing ones. And the plan is to take a green area, Page 22 May 14,2024 green space that is -- the people use for recreation, kids playing, people walking dogs, they're planning to build additional tennis courts there. They're in the process of preparing that application with the county. The existing courts already are very close to the residences, and they're creating a nuisance right now with excessive noise, parking congestion, multiple other concerns that we, as residents, have. Our board has not done a good job communicating this. It's kind of down on the hush-hush basis. So we expressed our numerous concerns in front of the board and the racquets committee. And we feel that it's falling on deaf ears. They're planning to proceed without getting input from the residents of the community. So it is a big quality -of -life issue for us. You're constantly hearing the noise all day long, and it's really -- it's stressful, to be honest with you. So I'm speaking with you today because my understanding is, and our understanding that this is an administrative process, when we file that application, and they could probably get approved. So I would like to ask you what our options are to express our concerns further to the county and basically stop this nuisance. Thank you. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I'm going to be at Island Walk at 3 o'clock on Friday for a town hall meeting. If you will make arrangements to get me some information -- and this is Burt Saunders. If you'll make arrangements to get me some information and/or attend that, we may be able to start to address the concerns. MR. MILLER: That's all the speakers we have at this time, sir. CHAIRMAN HALL: Great. Item # 1 OA Page 23 May 14,2024 THE COUNTY MANAGER TO AMEND THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT (PUD), ORDINANCE NO. 88-93, AS MOST RECENTLY AMENDED BY ORDINANCE NO. 2021-15, AND BRING BACK AN ADVERTISED ORDINANCE TO AMEND THE PUD. THE AMENDMENT SHOULD SPECIFICALLY ADDRESS SECTION 3.2(A)(3) OF ORDINANCE 2021-15, TO ALLOW AMPLIFIED CONCERTS TO BE HELD AT THE AMPHITHEATER AT THE PARADISE COAST SPORTS COMPLEX, RESTRICTED TO THE CAPACITY LIMITS OF THE AMPHITHEATER AND GREAT LAWN AREAS, WITH SUCH CONCERTS LIMITED TO FRIDAY AND SATURDAY BETWEEN THE HOURS OF 6 P.M. AND 10 P.M. (DISTRICT 3) - DISCUSSED; MOTION TO CONTINUE THIS ITEM TO THE MAY 28, 2024, BCC MEETING W/DIRECTION TO STAFF BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL — APPROVED TW qqmb MS. PATTERSON: Commissioners, that bring us to Item 10A. This is a recommendation to direct the County Manager to amend the City Gate Commerce Park Planned Unit Development Ordinance No. 88-93 as most recently amended by Ordinance No. 2021-15, and bring back an advertised ordinance to amend the PUD. The amendment should specifically address Section 3.2(A)(3) of the ordinance to allow amplified concerts to be held at the amphitheater at the Paradise Coast Sports Complex restricted to the capacity limits of the amphitheater and great lawn areas with such concerts limited to Friday and Saturday between the hours of 6 p.m. and 10 p.m. This item is brought to the agenda by Commissioner Saunders. CHAIRMAN HALL: Commissioner Saunders, you want to shed some light on it? Page 24 May 14,2024 COMMISSIONER SAUNDERS: Yeah, just real quickly. And I wanted to have a conversation not necessarily resulting in this type of an amendment being approved, but I wanted to have a conversation concerning concerts at the park. And I think we've all from time to time attended concerts there. And it has always seemed to me, rather, that the best place to have a concert at that park is in the stadium so that the fans -- you know, the people that are there for the concert will have a comfortable place to sit, and everything is much easier there. But for some reason, we've not been able to kind of solidify that, and I think part of it is because of just the expense. And I thought, well, maybe there's some other alternative. I don't know that this is a viable alternative because, quite frankly, the sound from concerts has to be directed, I believe, to the south, and this would change that. That's part of the PUD. And the reason we did that was to protect from noise some of the neighborhoods around there. So this would be a controversial issue that we would have to explore with the neighborhood that would be affected. But I think the main thing is let's start a dialogue on how we can facilitate concerts at the -- in the stadium. I think that's really the end result. And I know we have some folks here, I think, from the Paradise facility that might be able to shed some light on that. But I'm just trying to find a way to accommodate what our needs are in terms of protecting the fields and the stadium but also to facilitate having concerts in a location that makes more sense to me, and that would be the stadium. And this is just one possible alternative, but this is a very controversial alternative. So, Mr. Chairman, my goal is to start a dialogue on how we can facilitate the use of the stadium primarily and, if not, are there any other alternatives for us to explore. CHAIRMAN HALL: So is the recommendation just to have staff come back or -- Page 25 May 14,2024 COMMISSIONER SAUNDERS: That certainly would -- CHAIRMAN HALL: -- or actually amend the agreement? COMMISSIONER SAUNDERS: Well, I think if -- there's no urgency in getting this advertised now, so maybe the motion or the discussion would be for staff to come back and let us know how we can better accommodate those types of events at the Paradise Coast park. MS. PATTERSON: Yes, sir. We can look at our options, and then we can come back to you and make sure that that meets with what you see as the needs and then we can -- that way we're advertising once to make the changes, if that's -- COMMISSIONER SAUNDERS: Mr. Chairman, that would -- with that, I would agree that we don't need to move forward with this ordinance at this point in time, but we do need to find a way to accommodate those types of activities at the sports park. CHAIRMAN HALL: Which way does the sound move from the stadium? COMMISSIONER McDANIEL: It depends which way the wind's blowing. COMMISSIONER KOWAL: It depends which way the wind's blowing. COMMISSIONER SAUNDERS: Assuming no wind, I think that is to the south, which is what the ordinance requires. The problem is that's very expensive to accommodate a concert there. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Adrian, can you come forward, please. So I brought this -- this is not rocket science. We have this gigantic stadium, and then every time we have an amazing event, we shoehorn it into a place that isn't the stadium. The issue -- my understanding was the issue was protecting the grass, and especially if we have a soccer team that's on the way. Page 26 May 14,2024 When you put a stage and you put chairs and you put all that stuff on the grass, much like when Raymond James does it, they put some sort of protection down on the field so that when the Buccaneers play the next day, the field isn't trashed. I've said in this meeting before, I think we should research what investment we'd have to make to buy that protection because, for instance, the Legends concerts -- you know, we've all -- we've all dealt with Mike Randall and have even gone to those concerts. And one of the things he has said is if the cost is put on me to protect the field and maybe I'm just going to have one or two concerts, it's not worth it. I've said before, if we own that stadium and we're trying to attract concerts, sometimes just onesie, twosies, and we already owned the field protection -- and it's not -- like I said, it's not rocket science. It's big giant boards. They put it on top of hockey rinks when they have -- when they bring in a Billy Joel concert. They do it everywhere. I don't know what that cost is, but I think now that we're attracting so many more events -- just as Commissioner Saunders said, if I was going to a concert, I don't want to bring a folding chair and sit in the mud and then look at this beautiful, amazing stadium that has beautiful seats in it, and it's sitting empty. So I really think the homework assignment here is what would our investment be to protect the field so that if you attracted some sort of concert, the stadium would be the default location. Now, if it's something smaller and the stadium is not the location, that's where we have the amphitheater -- we have some of those side fields, so it's trying to match the size of the event to the different locations we have. But I think it's worthy of exploring. And I remember in one of the conversations it was, we can buy the protection for the stage and all of that, but then when you start putting folding chairs on the -- on Page 27 May 14,2024 the field, you know, those need protection as well. Well, who says we have to put chairs on the field? Put the band on the field and put everyone else in those beautiful chairs that sit empty all the time. Do you have an idea, Adrian, of the cost it would be for us to invest in field protection and then we put it away in some warehouse somewhere, and every time you get a customer that wants to do some sort of concert, you know, we roll it out? And maybe it's part of their cost. You know, the cost for field protection is this much, and we charge every, you know, customer that wants to use the stadium a small amount because they're basically renting the field protection. Not just that question, but give us some -- this is good, healthy discussion, and I couldn't agree more that we have this beautiful stadium; chairs, field, but it just seems like we're always having events that are squeezed into another area because we're trying to protect the field. And I just -- I just think we can protect it with material and then utilize that. I mean, I even have concertgoers that come up to me and go, "Why aren't we sitting over there?" And we saw during the fireworks we allowed people to sort of wander, and that's different. It's not a big stage and all that. But we see how beneficial it was to sort of use that main area for seating and whatnot. Give us a little bit of a shoe -- and I don't want to make this, you know, a big, long soliloquy, but, you know, you're really the expert that's out there. What are your thoughts so we can attract more things and have it in the right location when it's the size of something that the stadium would really fit? MR. MOSES: Good morning. Adrian Moses, for the record, Sports Facilities Companies representing as the general manager of the Paradise Coast Sports Complex. We've done the research on the floor protection, but there's a couple of other items that we need to create the full story around use I May 14,2024 of the stadium for concert events. The first is the value of the stadium has been -- has been created. You know, we have -- we have a market now, and we've got proof that we've got signed deals that people are prepared to pay a market rate for the stadium. That is looking at similar but not comparable facilities such as Hertz Arena up in Lee County. It's cheaper to rent the stadium from us, but it's obviously not inside, and there's limitations with that. There's -- so there's that point. That if we're going to rent the stadium, the market's been set, and we need someone who's prepared to pay the rental rate that we've -- that's been developed for the stadium. The second part of this is the design of the stadium. It's very difficult to create a stage on the field in the stadium because the actual field is recessed. There's a slope that goes down from the walkway, which makes it tricky, and only a very specific type of stage can be built on the actual stadium field. In terms of the covering of the field, absolutely. The purchase of the type of flooring that would be required, we've done the research into that and provided staff with the cost of it. The cost doesn't just remain with the purchase of the flooring. We have to store it, and we need to find somewhere to store it. Now, there could be somewhere on the site that we could, but it would probably be outside, which means that the flooring may become compromised if it's not used for months and months at a time. And there's the absolute cost of the installation and removal of the flooring. That's timely, and it's -- it's time-consuming, and it's expensive in terms of the amount of labor that's required to do so. With that in mind, the initial conversation was about the use of the amphitheater. With the use of the amphitheater, we can provide medium- to small -sized concerts a more appropriate location for them to have their concert without all of these additional overhead costs. Page 29 May 14,2024 CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Well, this is a perfect example of poor planning, I think, on the design of this particular facility. I mean, we build an amphitheater we can't have amplified sound in because it's facing the wrong way. I guess if we never built the amphitheater, we'd have enough money to buy the protection for the field. So, I mean, I get it, but at some point -- like I said, sound travels with the wind. You know, we don't know which -- the wind's going to be blowing, in which direction on the day of a concert anywhere in the park. If it's blowing north, guess who's going to hear it? North. Regardless of where your ordinance says it should go or not go. I mean, it makes no sense to have an amphitheater we can't have amplified sound at, that we spent taxpayer dollars to build. So I mean, I just -- and I know how -- you know, the labor to put down on the field, these protection things, it's a lot of cost and a lot of manpower to us as a county every time somebody wants to rent the stadium. And if you put the direction of the sound, as Commissioner Saunders is saying, to the south, that means you have to put the stage in the far left end zone from the stadium seating. And if somebody goes to a concert, you don't sit to the left of the stage. You sit directly in front of the stage. So to have the south -facing music, everybody would have to be on the field, and you wouldn't really utilize the really nice seats in the stands as much because it would be to the left of the stage and not directly in front of it. So I think, to me, common sense, you have an amphitheater, I think an amphitheater should have amplified sound, and I think the citizens of Collier County deserve that, to use it. They spent the money to build it. So I don't know why this is even an issue, but that's my opinion. Page 30 May 14,2024 CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, I've heard today -- Commissioner Saunders, thank you for bringing this up. It sounds to me like we have some administrative planning that are requisite here. Commissioner Kowal and I both said it at the same time, "Sound travels with the wind." It doesn't matter which way you point them, whichever way the wind's blowing is going to hear the amplified sound. Commissioner Saunders, is it requisite that we change the PUD to adjust the hours? COMMISSIONER SAUNDERS: It would be a requirement. And Mr. Bosi, I think, is there. The PUD document provides that amplified sound can only be directed, I believe, to the south, if I'm not mistaken. COMMISSIONER McDANIEL: That's correct. But the hours of operation is my question, sir. COMMISSIONER SAUNDERS: And the hours of operation, they're a little bit broader, I think. If we were going to move to have amplified sound at the amphitheater, then we do have a neighborhood that's impacted. And so the initial request is, well, if we're going to have an impacted neighborhood, then we need to be restrictive in the hours and days that you can have concerts. We don't have a concert every night till midnight. So that was why I limited it to that. But, again, the main thing is to have that conversation on how we can fix this problem. COMMISSIONER McDANIEL: Go back to my original question: Do we have to amend the PUD to limit the time until 10 p.m.? Because that's a great idea. I mean, that's one of the issues. I have friends and neighbors that live in the North Belle Page 31 May 14,2024 Meade up there. COMMISSIONER SAUNDERS: The time limit may already be in the PUD. COMMISSIONER McDANIEL: I'm not positive. COMMISSIONER SAUNDERS: I think it is. CHAIRMAN HALL: Mr. Bosi. MR. BOSI: Mike Bosi, Planning and Zoning director. Specifically from the PUD, we do have hours of operation for outdoor activities, Sunday through Thursday, 7 a.m. to 10 p.m., and then Friday and Saturday, 7 a.m. to midnight. So we do have that level of specificity -- COMMISSIONER McDANIEL: We have to amend the PUD to adjust those hours, or can we do it administratively to a lesser hour? MR. KLATZKOW: The ordinance also states you can get a special event permit for a one-off that can change the time. COMMISSIONER SAUNDERS: And the ordinance also says the sound has to be directed to the south. MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: So that's why you have to amend it. COMMISSIONER McDANIEL: Which is contrary to the plan, when the clamshell's facing north. So, now, all that notwithstanding, it would be -- I'm happy to amend the PUD to bring those hours of adjustment in. Commissioner LoCastro brought up a really bright idea about the field covering for the actual stadium itself, and then -- and it sounds like our operator has given staff a plan about the cost associated with that, installation, storage, da, da, da, da, da. We need to put that into a budget format and have a look as to how we can rent that facility to operators that want to utilize the stadium, Page 32 May 14,2024 which will also help along the way. That's business -- that's just -- you know, as he stated, if the cost is so exorbitant, one user's not going to pay for it, but if we have it, it can be a fee associated with that use, so... Then third -- Adrian? Stop talking to Ed while I'm talking. MR. MOSES: Sorry. COMMISSIONER McDANIEL: And, third, there are sound -buffering apparatus that can be put to the north to help mitigate any sound that's coming from this facility. There's sound -reflecting apparatus, I've seen them, that can be -- can be maybe utilized as well that we can -- that we can have a discussion about as well while we're -- while we're talking about the plan for implementation for the field cover and the hours of operation. MR. MOSES: Yeah. I think -- I would encourage there to be someone who really knows sound, a sound technician, to come and do a report on amplified sound from the -- COMMISSIONER McDANIEL: Of course. MR. MOSES: -- from the amphitheater area. It's interesting that the PUD says to the south when all we have to the east is -- COMMISSIONER KOWAL: Yeah. MR. MOSES: -- Kari's property over to the east. COMMISSIONER McDANIEL: Well, there's going to be people to the east eventually as well. Irrespective of where you point it, the sound is going to travel with the wind. So the bottom line here is the reduction of negative impacts from the utilization of this facility by any of the people. If we point it to the south, the people in Forest Glen are going to hear it. If we -- so all that notwithstanding, maybe additional buffering from landscaping. I mean, I know that -- I'm working on our rifle range way out east. I'm working on sound -buffering plantings on top of the berm just to help mitigate the sound of the gunfire that's Page 33 May 14,2024 coming from our county rifle range. So those are my comments. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I think that what I would like to suggest is that we table this particular item until the next meeting, or continue it to the next meeting, but have staff evaluate the alternatives with Adrian, and let's see what the alternatives are. Now, the distance between the amphitheater and the nearest homes is a pretty good distance. I don't know the exact amount of distance, but it's a pretty long way. And so I don't know how much of an impact there really would be. But I think having some evaluation of that and getting back to us as to what the alternatives are -- and the alternative may be we amend the PUD and move forward that way. But I'd like to have the opportunity to explore some other options. And would a two -week delay be enough time for you to put some things together or figure some things out based on the fact that Adrian's already said they have a lot of research already done on this? MS. PATTERSON: Commissioners, yeah. Let us -- let us get all of the information that we have now. And we've been working on this for a little while. We'll pull that together so that you can look at what we've done so far, and then if you feel like, as Adrian suggested, we need to go further and hire somebody to really evaluate the sound and give us options, we could do that as a follow-on step. But at least we can lay on the table the costs of protecting the field, the options for using the amphitheater, and then we can -- you -all can pick kind of those things. COMMISSIONER SAUNDERS: And what is the real potential impact on the neighborhood if we use the amphitheater? MS. PATTERSON: Correct. COMMISSIONER SAUNDERS: My recollection is that Page 34 May 14,2024 became a very controversial issue at the time. MS. PATTERSON: At the time and -- COMMISSIONER SAUNDERS: I don't recall the details of it. It was six or seven years ago, so... MS. PATTERSON: Yes, sir. And that may require us to -- as Adrian said, to really hire somebody that knows about sound to help us out with those options to be able to protect whoever may be affected based on wind direction and other things so that we can really maximize the use of the complex. COMMISSIONER SAUNDERS: All right. Well, does the Board have any objection to the two -week delay just to ferret out those different options? COMMISSIONER McDANIEL: No. I'll second that. COMMISSIONER SAUNDERS: All right. Then I'll make a motion to continue this item until the next meeting in May and direct staff to come back then with some discussion on what our alternatives are. MS. PATTERSON: Yes, sir. CHAIRMAN HALL: Is there any other discussion? COMMISSIONER LoCASTRO: Yeah. Adrian, just for historical purposes, when I was first elected, around that time, 2020, I saw three concerts in that stadium. I saw Ben Allen. I saw the Elton John impersonator, and I saw Shane Duncan. They were dead center on the field. We all sat in the chairs, and it was a perfect view, just like you would find if you go to Raymond James. When I saw the Rolling Stones there, we weren't below the stage. We all sat in, you know, raised seating. So I think the design of our stadium is just -- is miniature compared to every other stadium in the universe, and those three bands -- I don't know how they protected the field or what they did. There was a handful of people sort of standing on the grass, but the Page 35 May 14,2024 vast majority had filled the seats. And I remember getting rave reviews. You know, I was surprised there wasn't actually a bigger crowd, but it was in the early stages of having events there. But, you know, those are the three. So maybe in the historical documents, we could figure out what was done. And maybe it wasn't done correctly. Maybe they tore up the field, and after it was over, you know, the thought was, we'll never do this again. But I remember distinctly Ben Allen -- I remember texting Ben Allen from the stands -- the Elton John impersonator that does the Legends concert, and then the Shane Duncan Band, you know, played there, it was -- you know, like you said, there's more to it, but with some tweaks, it actually was the perfect venue. And, you know, for the bigger events, it's something to definitely explore. So hopefully in two weeks we'll get a little bit more detail. But there have been, I know, those three for sure, because I attended. So I thought I would just add that. MR. MOSES: Those events were all prior to -- COMMISSIONER McDANIEL: Yes. MR. MOSES: -- Sports Facilities managing the complex? COMMISSIONER LoCASTRO: Absolutely. MR. MOSES: And there's probably a reason for that. COMMISSIONER McDANIEL: Yeah. And you might look into it and go, "Wow, we would have never allowed that," or we would have -- you know, "We needed a lot more protection." You know, they just allowed it, and then, you know, they had to face the consequences after. But it's been done. And what I would just say, esthetically, it worked great. You know, the next morning, maybe it was a disaster, but for the ticket buyers, it was a great setup, so just a thought. MR. MOSES: Okay. CHAIRMAN HALL: Commissioner Kowal. Page 36 May 14,2024 COMMISSIONER KOWAL: Thank you, Chairman. Yeah. I just didn't want to be misunderstood. I wasn't trying to say -- because I found out today that, according to our PUD, sound can only go to the south. Amplified sound can only go to the south. And in that configuration, what you're talking about, Commissioner, that would be sound going to the west. And that -- that's why I wasn't even thinking. You know, if you live with what we have now, you just put a covering on the field, we have to send the sound to the south. So they wouldn't use the stadium seating. They would be sitting off to the side of the stage. That's what I meant by that, not to say anything -- that the stadium's not a great idea. I think the stadium would be a great idea. But, of course, it's going to cost us more money to get it in a configuration to where it can use it on a regular basis, and we still have to change the ordinance. According to the ordinance, we're not supposed to send the sound to the west. And every concert I've been there, we send the sound to the east. You kind of answered that question a little earlier. You kind of made that comment that the concerts we've been having this past season have all been facing the east. So, in reality, we basically have been not following our own ordinance itself already. And I don't know if we've had any complaints of that yet or not. But I think we've faced just about every direction, so I don't know why north is left off at this point. So -- and it would make sense to use our amphitheater because that's what it's designed to be used for, and that's what we spent money to build it for. So I hate to be the common-sense, again, guy up here, but sorry. Thanks, guys. COMMISSIONER McDANIEL: There's no sorries for common sense. CHAIRMAN HALL: Well, I'm fixing to put some more in there. Page 37 May 14,2024 COMMISSIONER McDANIEL: Yeah. Me, too. CHAIRMAN HALL: Here's the deal. COMMISSIONER McDANIEL: Wait, wait, wait. You going to call on me? CHAIRMAN HALL: I am. Just a second. COMMISSIONER McDANIEL: Or are you going to jump in front of me? CHAIRMAN HALL: I haven't even chimed in yet. If we want to use the facility, we've got to change the ordinance for the hours. We can't direct the sound. But if we don't want to use the facility, then we can kick this thing down the road. We can spend money for a sound study that they're going to come back and say, "You can't control the sound." And I'm all -- I'm all for saying, "Just fix the PUD and use the facilities." And there's no reason why we need to come back in two weeks and make the same decision. Now, I understand -- if you want to get some more information, I'm all for postponing it. But I'm going to make the same decision next week. I'm going to -- I want to use the facility as the taxpayers have built it. Commissioner McDaniel. COMMISSIONER McDANIEL: And interimly, while we either continue this item and vote again on it in two weeks or make a decision today, administratively -- unless you're committed already on previous contracts, administratively shut it off at 10 o'clock p.m., period, and then -- and whatever we do with regard to sound mitigation, field protection, and such, that administratively can be an assistance all the way across the board. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. Why don't we go ahead and continue this for two weeks, because my initial intent was to bring this up at our second meeting in May, and I kind of May 14,2024 jumped the gun here a little bit to get a dialogue started. And so we'll have plenty of time to amend the PUD before the next season if we move in that direction. But I think this will give our manager a greater opportunity to evaluate what the options are. And then if we -- we may still very well proceed with this, depending -- even with other options, but I think this will just give us a couple more weeks to let this percolate through the community and give our manager some time. So I'll make a motion to continue this item for two weeks, but at the end of that two -week period, the intention is to move forward with a solution to the problem. COMMISSIONER McDANIEL: I'll second it. CHAIRMAN HALL: All right. We've got a motion and a second to postpone this till the next meeting. 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: Motion passes. Thanks, Adrian. MR. MOSES: Thank you. MS. PATTERSON: Commissioners, before we go to the next item, just housekeeping, we need a motion to accept the proclamations. COMMISSIONER McDANIEL: Oh. So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: All in favor, say aye. COMMISSIONER McDANIEL: Aye. Page 39 May 14,2024 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. MS. PATTERSON: Thank you. COMMISSIONER LoCASTRO: Ms. Patterson, could I just clarify something? So when this comes back in two weeks, let's make part of that discussion not just the amphitheater, but all the other additional things that we talked -- because I agree with Commissioner Hall, we built this amazing stadium. Let's use it to full capacity without going overboard. To answer Commissioner Kowal's question, we've had some loud events there, football games, announcements. I mean, my phone didn't ring off the hook. Yeah, I got one or two e-mails from some people down in Forest Glen a little bit. "Oh, I hear something." Well, you know, I mean, when the Tampa Bay Bucs play, everybody hears something, you know, for three miles. I mean, we don't have a concert every day in the stadium. So I just want to make sure we're having a broader discussion. Because I agree with Commissioner Hall. I'll vote on the amphitheater right now, but I think it's bigger than that. So anyway. MS. PATTERSON: Yes, sir. We're going to -- we'll talk about the floor protection -- or the field protection and the other things. COMMISSIONER LoCASTRO: Thank you, ma'am. Item # 1 OB ADOPT AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ANIMAL ABUSERREGISTRY. (ALL DISTRICTS) DISCUSSED; MOTION TO CONTINUE THIS ITEM TO THE May 14,2024 MAY 28, 2024, BCC MEETING W/DIRECTION TO STAFF BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS — APPROVED MS. PATTERSON: All right. That brings us to Item 1 OB. This is a recommendation to adopt an ordinance establishing the Collier County Animal Abuser Registry. This item is brought to the agenda by Commissioner Saunders. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I brought this forward back, I think, in January for some -- just some general discussion and direction in terms of having the County Attorney draft an ordinance. And at that time I presented the Lee County ordinance, which was adopted and has been implemented. And the sheriff in Collier County had nothing but praise for the effectiveness of their ordinance and the community support for it, and I thought, I like copying other counties when they do good things, and this seemed like -- to be a really good thing. We have a tremendous number of folks in this community that are animal advocates, and we also have, unfortunately, people in this community that abuse animals. And we want to make sure that animal abusers are -- when they're identified, that it's more difficult for them to get other animals to abuse. I have spoken with the Sheriff s Department a couple times on this ordinance, and our County Attorney has been working with the Sheriffs Department and their legal counsel. They have no objection to what we have here. They support this. They did indicate that there may be some minor tweaks between now and adoption of this type of an ordinance, and I suggested that if they have any minor tweaks, to get with Mr. Klatzkow. And I don't know, Mr. Klatzkow, if you've had any conversations with the Page 41 May 14,2024 Sheriffs Office in terms of their issues. But if you haven't, reach out to them, because there are a couple little minor tweaks. MR. KLATZKOW: We can do that, but the item is recommend to adopt an ordinance, so you wanted to bring this back at the next meeting? COMMISSIONER SAUNDERS: I think the recommendation is to advertise this. MR. KLATZKOW: Adopt an ordinance. COMMISSIONER SAUNDERS: I'm sorry? MR. KLATZKOW: It's "adopt an ordinance." COMMISSIONER SAUNDERS: Oh, okay. So you're not going to be advertising? MR. KLATZKOW: This was advertised. COMMISSIONER SAUNDERS: All right. Then what we'll have to do is we'll have to continue it for you to have that conversation. MR. KLATZKOW: Yes, sir. COMMISSIONER SAUNDERS: Colonel Bloom, I spoke with him yesterday. No objections or anything. Just they said that there may be some minor tweaks. But we have some folks in the audience that want to speak on this, and I think, if we're going to have any objections or anything from the Board, I think this would be a good time to air that, and then we'll talk about continuing it for a couple weeks. I thought this still had to be advertised. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: How was it advertised; in what way? MR. KLATZKOW: We're advertising through the Clerk's Office now. COMMISSIONER LoCASTRO: Okay. And then it sounds like we don't know what those tweaks are. I mean, I read through Page 42 May 14,2024 the ordinance, and I'm in full support of it, no objection, only I want one of the experts to take a look at it, and, you know, if it's working great in Lee County, that's great. But maybe we can improve on it before we vote on it. It's pretty detailed, which is great. But I agree with you, like, let's get a little bit of feedback. If there's -- like, I'll ask our County Attorney, do you have any issues with how this is written, or we wouldn't be seeing it if you did? MR. KLATZKOW: We wouldn't be seeing it if I did. COMMISSIONER LoCASTRO: Yeah, okay. All right. And is this written exactly as -- the way that Lee County's is, or did we already make some tweaks to it? MR. KLATZKOW: It's word for word what Lee County did. And one of the reasons I did that was that if we want to share databases with Lee County, having an identical ordinance -- COMMISSIONER LoCASTRO: Identical, yeah. I don't think we need to overly wordsmith it too much, which sometimes we're guilty of doing. I mean, the things I see in here are really big, major positive things that I'd be a huge supporter of. So unless there's something in here that legally it's like, well, Lee County passed it, but you know, there's three paragraphs that are hard to enforce or could be made stronger -- but I didn't see anything that jumped out at me. I'm very impressed by it and have been reading all the stuff in the news about it. So I have no objection, but... CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Do we have any speakers? MR. MILLER: I have one registered speaker for this item. COMMISSIONER SAUNDERS: If you don't mind, Mr. Chairman, why don't we hear from the speaker, then I'll make a few comments. MR. MILLER: Your speaker is Laurie Harris. COMMISSIONER LoCASTRO: Who's she? What does she Page 43 May 14,2024 have to do with any of this? Did we vote on anything? COMMISSIONER McDANIEL: Now you're in, so be careful. COMMISSIONER LoCASTRO: There we go. CHAIRMAN HALL: She's legit. MS. HARRIS: Have a great day. No. I want to thank Commissioner Saunders for bringing up this animal abuse registry. It is working phenomenally in Lee County. What I would love to see is this go through every county in Florida, have it cross-referenced so when someone comes in to adopt an animal at Collier County DAS -- what they do is a quick background check. They're looking for anything out there, court dates, stuff like that. If nothing is glowing, this person adopts an animal. And there are some times we know that animal's coming back, or we know it's a bad adoption. We do our best to kind of weed them out, but this would help tremendously. As the pastor said, Collier County's a model county for Florida. I need it to be the model county for the animals of Florida as well. So I ask you to support this. And what I would love to see is in addition to this registry going out countywide being the model for Florida, why not also have our Domestic Animal Services be the model for every other county in Florida? Lee County we call the slaughterhouse. They put animals down there at an alarming rate. They just don't have the services. Same with Hendry County, Seminole, Marion County. I can go on. Clewiston. I mean, they just put them down. So if we can get some policies and procedures, incorporate an animal registry and roll this out all over the state of Florida, it would be amazing. So thank you for your time. CHAIRMAN HALL: Thank you. Commissioner LoCastro. May 14,2024 COMMISSIONER LoCASTRO: Ms. Harris, just a little bit of a sidebar. First of all, thank you for stepping forward and taking a volunteer leadership, you know, position. I know that you've been a huge advocate of animal rights for quite a long time, and we've spoken. The one thing I just want to say about the board is now that we're adding a few fresh faces, you know, we'll have a new chairman, we've got some new different leadership down there, what I think all of us really want from the board and we never -- I'll just say, I never felt like we really fully got it -- were homework assignments and action items. I attended board meetings where there was great chatter. There was great discussion, even valuable, but nothing came out of it. So the board is an action arm. Like, a perfect example is Commissioner Hall chairs the Affordable Housing Advisory Committee, and I used to chair it before him. We didn't sit in those meetings and just say, you know, "We need affordable housing," and everyone said, "Yep, we sure do." "Dismissed. See you in a month," you know. So it was like, what are the four things that we're going to do? And I can tell you, I personally said multiple times to the former DAS director and even other people that held leadership positions there, the chairman of the board, you know, doesn't need to say, "Mother, may IT' or to get anybody's permission. I mean, yes, you work through the County Manager, but I was disappointed that we didn't hear from that person on a, you know, fairly regular basis. Yeah, getting an e-mail every once in a while, but taking that podium, maybe standing side by side with the DAS director and giving us some of the big nuggets. You know, we would hear so many complaints about DAS but, you know, nothing would really sort of come back to us. Or we would hear, "Oh, the Board cut the budget," and then, you Page 45 May 14,2024 know, we would sort of look at each other and say, "We didn't do anything," you know. We didn't keep a veterinarian from being hired down there. So, you know, anything you can do to put some juice into the board. And they need to be a working body that drives things to the director, that drives things to the County Manager, and in the end, if, you know, you want to drive things directly to the Commissioners here, sometimes more than an e-mail is -- does a lot. And so you're famous for that, so make that contagious. I just wanted to sort of mention that. MS. HARRIS: I appreciate that guidance very much. Having -- I've been at the Domestic Animal Services for years volunteering, so I have an insider perspective that no one on that board has had. No one on that board was a volunteer there. So I'm hoping, with my experience and my relationship with the other volunteers there, we will bring forward the issues. We do know what they are. We live them every day. So I am hoping we will continue the positive progress that Ms. Patterson has put forth. It's been amazing. COMMISSIONER LoCASTRO: Let me just add, too, the recommendations -- you know, one of the -- one of the critiques we had for some other groups -- and there again, I'll use Affordable Housing Advisory Committee. Senior leadership on the board just coming here and telling us, "DAS is horrible, everything's bad" -- the board is -- when you're a volunteer on the board -- and you know this, so I say again, make this contagious to the other board members. You are the county. So when you wear a polo shirt or whatever that says you're DAS, you might not be the paid employee, but you are the county. So just saying -- you know, denigrating the county for not doing the best job possible at DAS and having board members do that is May 14,2024 actually not helpful. What's helpful is the board identifying things with their expertise and then coming up with recommendations, solutions, an ask, but not just -- you know, the board's job isn't to just tell us how bad DAS is and -- you know, or Affordable Housing Advisory Committee's job isn't just to tell us we need more affordable housing. We already know that. So, you know, I think you're going to be a great new, fresh voice that's really not fresh. Like you said, you've been down there, but now you have a position. So, you know -- MS. HARRIS: I appreciate that -- COMMISSIONER LoCASTRO: -- go get it. MS. HARRIS: -- vote of confidence, and I look forward to bringing you solutions. There's a bunch of them that we know of already and, of course, it goes back to the budget. So I am asking you, once again, keep an open mind on that budget. The positive changes are tremendous. We have come so far so quickly; I don't want to go backwards. COMMISSIONER LoCASTRO: Thank you. CHAIRMAN HALL: Thanks, Ms. Harris. MS. HARRIS: Thank you so much. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I guess this question may be to the County Attorney. The ordinance itself, does it -- does it outline who's going to be the keeper of the registry, or is it going to be the Sheriffs Department? Is that why we're going to -- maybe Commissioner Saunders talking to Colonel Bloom. I don't know what the exact concerns were. Was it -- had anything to do with recordkeeping of the registry outside of FCIC and NCIC, or -- COMMISSIONER SAUNDERS: No. He called me yesterday and said that their legal department, they've reviewed everything. Page 47 May 14,2024 They don't have any problems with it. There's no objection to it, but they said they may have one or two minor little tweaks. And based on that conversation, I told him I would advise the Board, and we would have this continued until they got their tweaks figured out. I had asked him to have his legal counsel get ahold of the County Attorney. But no objection from the Sheriffs Department, the Sheriffs Office. They are 100 percent behind it, but apparently there may be one or two issues that they want to -- like I say, minor tweaks, is the way it has been described. COMMISSIONER KOWAL: All right. If we tweaked it, would that affect the ability to share it with the other counties? MR. KLATZKOW: (Shakes head.) COMMISSIONER SAUNDERS: No. It's nothing substantive, from my understanding, but that wouldn't -- and, again, I don't know exactly what their issues are, but... COMMISSIONER LoCASTRO: The bulk of this, though, shows them as the responsible agent. COMMISSIONER SAUNDERS: They absolutely are. COMMISSIONER KOWAL: Yeah. I mean, they're probably going to keep it in their Wing system. I assume they'll add it to that and create a registry. COMMISSIONER SAUNDERS: Yeah. And they had no objection to that. That was not an issue for them. But, again, I don't know the exact details of that, and that's why I think we need to go ahead and continue this for a couple weeks. CHAIRMAN HALL: So would there be any objection to postponing this for two weeks and getting the tweaks from the Sheriffs Department and putting this on the consent so that we don't have to sit here and beat a dead horse? COMMISSIONER McDANIEL: That's a good point. May 14,2024 me. COMMISSIONER SAUNDERS: That would be fine with me. COMMISSIONER LoCASTRO: Yeah, it would be fine with COMMISSIONER SAUNDERS: Based on some of the folks in the audience, we probably shouldn't talk about beating horses, but that's -- COMMISSIONER KOWAL: It's already dead. CHAIRMAN HALL: It's out -- it was -- COMMISSIONER SAUNDERS: We're killing two birds with one stone. CHAIRMAN HALL: Killing two birds with one stone. We're killing birds. COMMISSIONER KOWAL: Oh, come on. I'm a bird lover. CHAIRMAN HALL: So there you go. COMMISSIONER LoCASTRO: Approve this without objection. COMMISSIONER McDANIEL: Second. COMMISSIONER KOWAL: Would it be crazy to say, can we have somebody from the Sheriffs Department maybe come later today, and if they're willing to kind of shed some light on what the tweaks are? COMMISSIONER McDANIEL: It's been advertised. We'll bring it back with the adjustments. We do it all the time. Make the tweaks, and we see what the tweaks are, make sure they're highlighted, and then we'll adopt it and do it on the consent, and I'm fine with that. CHAIRMAN HALL: I'm going to move to postpone it, put it on the consent with the tweaks and -- COMMISSIONER McDANIEL: Unless there's issues, we'll pull it. CHAIRMAN HALL: Unless there's issues, we can pull it off May 14,2024 then. COMMISSIONER McDANIEL: Sure. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN HALL: All right. Moved and seconded to postpone it with the tweaks for the consent agenda for the next meeting. 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: So moved. MS. PATTERSON: That brings us to Item 11A. Chair, I don't know if you want to take a court reporter break a couple minutes early so that we don't run her over on this one. CHAIRMAN HALL: That's great. Let's take a break, and we'll be back at 10:25. (A brief recess was had from 10:17 a.m. to 10:26 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. Ms. Patterson, what's next? Item # 11 A PROVIDE STAFF DIRECTION ON THE BOARD'S REQUEST FOR STAFF TO GATHER INPUT ON THE COMMUNITY'S DESIRE TO ALLOW FOR THE LEGAL RENTING OF GUESTHOUSES WITHIN THE URBAN ESTATES ZONING DISTRICT BASED UPON THE CONCLUSIONSPROVIDED FOR WITHIN THE GUESTHOUSE RENTAL WHITE PAPER. (MIKE Page 50 May 14,2024 BOSI, DIRECTOR, ZONING) (DISTRICT 1, DISTRICT 2, DISTRICT 3, DISTRICT 4) - MOTION TO APPROVE WITH CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - APPROVED (COMMISSIONER SAUNDERS OPPOSED) MS. PATTERSON: We are now at Item I IA, which is a recommendation to provide staff direction to the Board's request for staff to gather input on the community's desire to allow for legal renting of guesthouses within the Urban Estates zoning district based upon the conclusions provided for within the Guesthouse Rental White Paper. Mr. Mike Bosi, your director of Zoning, is here to present. MR. BOSI: Good morning, again. Mike Bosi, Planning and Zoning director. I'm going to give you a brief overview of the request that the Board of County Commissioners made of staff on February 14th of 2023. They discussed an item about potential renting of guesthouses within the Urban Estates. Not the Rural Estates, but the Urban Estates. Those are the ones that are west of 951. The BCC asked Commissioner Hall to bring the topic before AHAC and to direct staff to assess the options and ramifications of allowing the rental of guesthouses. We hired ABB to assist with the study. On May 15th of last year, we presented the topic to AHAC, and they were supportive of looking at the rental of guesthouses as a possible solution to the overall housing shortage and housing affordability shortage within the county. AHAC directed staff to gather feedback from the residents on the topic. And they had a good discussion, not only what the value of renting of guesthouses is if they were income restricted, but also just Page 51 May 14,2024 of renting of guesthouses in general. And the sense was anything that could add to the supply would have a positive effect potentially upon the rents that could be charged in regards to that supply -and -demand imbalance. Staff held three public information meetings. The first one was October 11 th at the North Regional Park and then a week later, October 18th, at Heritage Bay Government Service Center, and then, finally, the 25th of October, we were at the South Regional Library. We sent postcards to every Urban Estates lot owner, that's 3,559 property owners were provided with the postcards. And traffic signs were also placed to make the general public aware of these meetings that were coming on. At the presentation, we stated the objective of the meeting was to request feedback on the topic. There was no decision -- we let them know this isn't a -- wasn't a decision made. They just -- the Board of County Commissioners was looking for feedback on the issue. Gave a little bit of background on the study and showed the map of the area and explained what a guesthouse is and the current LDC regulations that prohibited the renting of guesthouses. We talked about ramifications related to affordable housing, the Property Appraiser's homestead exemption versus non -homestead exemption and how that could have an effect upon the individual property's tax implication and state statutes. We also had a survey question that we asked the people to participate in, and each one of the public information meetings included in -person and interactive survey to gather feedback and opinion from the attendees. Like I said, we had our three -- we had 59 responses from the individual meeting. We had more people attend, but only 59 chose to respond back. And so then -- so we left the online question available for Page 52 May 14,2024 anyone who wanted to participate. We did have a request that they have to provide their address so we could confirm that they had a relationship to the Urban Estates. And we got an additional 76 survey responses. Overall, 134 surveys came back. It's a 3.8 percent response rate. Not the greatest, but, you know, we did everything we could to try to participate -- or to try to solicit more participation within it. The questions were: Currently, do you have a guesthouse on your property or under construction? If, yes, would you be interested in renting your guesthouse on an annual basis? If no, would you construct a guesthouse on your property if you were able to rent it on an annual basis? Would you participate in the renting of the guesthouse or construct one if it was only for income restrictions? And should guesthouses have the ability to be rented as a short-term rental? Sidenote on that, if the Board does direct staff to move forward with the renting of guesthouses, the state statutes preempt us from putting a timeline or duration upon it. So just -- we were just trying to get the feedback, because we wanted to make the participants aware that if we did move forward, if the Board did direct to move forward, that they could not restrict it to say six months or one month or even a week only. The state statutes just would prevent us from placing that type of a regulation on there, and we wanted the people who are participating in the survey to understand that so they would understand the full ramifications of what their responses were related to whether they supported the initiative or not support the initiative. The first question that we received: Currently, do you have a guesthouse on your property? The majority of the people -- 75 percent of them who attended did not have guesthouses and responded did not have guesthouses on their property. Of those that did have guesthouses, 31 percent was in favor of Page 53 May 14,2024 renting of guesthouses. The ma j ority of -- half of the responses, it was not applicable because they did not have guesthouses, but then that leads to this question: If no, would you construct a guesthouse on your property if you were able to rent it on an annual basis? And the people who did not have guesthouses said, "If we were allowed to rent our guesthouses to a market rate, I would build a guesthouse," so that was a positive endorsement related to the renting of guesthouses. This question was pretty resounding in terms of the response. "Would you participate in renting of the guesthouses or construct one if it was only for income restricted tenants?" Again, the majority of people, 75 -- 76 percent of them said that they would not support the income -restricted guesthouse units. And then, like I said, the question was, "Should guesthouses have the ability to be rented as a short-term rental?" And the majority of folks said less than six months, they were in favor -- or they had no issues related to that. Some additional public comments received: "Why not allow the rental of guesthouses in Rural Estates East of 951 or other areas of the county?" It's one of the things that we -- in each one of our meetings, we had members from the Rural Estates show up, and they were wondering why it was only restricted to the Urban Estates. I explained to them -- we explained -- staff explained to them that this was a test pilot that the Board of County Commissioners was, one, seeking feedback from the community as to whether this would work or not, and, two, if that they wanted to -- if they were to move forward with it, they -- they could have a better evaluation of the effectiveness and some of the issues that would be associated with it before they could extend it to the Rural Estates. Also, the question was, "Possible to defer impact fees associated with the new guesthouse?" And we provided information that we got from the Property Appraiser's and the Tax Collector, as well as, Page 54 May 14,2024 "What benefits could a property owner receive if they rented it as an affordable unit?" There are some tax breaks that are allowed for if it is income restricted. But there was concerns that were expressed about property taxes. And then, also, obviously, I think everyone would recognize the possibility of nuisance and code -enforcement issues were something that was an underlying concern for some of the folks who participated within the public information meetings as well as responding to the surveys. In December of last year, we took the results and the white paper that was an attachment to the executive summary to AHAC. Commissioner Hall made a motion to recommend that ADUs, rental -- that it's the desire to increase the supply and allow ADUs in the Urban Estates, also recommended exploring the idea within the Rural Estates; that it be offered to homestead properties, and the homestead exemption remains. And this is key, I thought, and it was part of the discussion that we had with the -- with the general public: If we make these -- if the guesthouses are allowed to be rented, but they're only allowed to be rented on homestead properties, the majority of the community felt that you have a built-in interest of making sure that these guesthouses are kind of operating within the acceptable -- acceptable demeanor of the neighborhood, because the property owner who owns that land is living and has a homestead exemption for the primary house. And because of that, you have almost a gatekeeper to make sure that the guesthouse that is being rented, that the behavior and the actions are somewhat monitored by the property owner of the homesteaded exemption. So that was another key component, and it was one of the recommendations that came from the recommendation of AHAC. And also one of the things they also asked for was for staff to try to get rental ranges and the percentage of homestead properties out of Page 55 May 14,2024 the 3,559 targeted properties. And it was a unanimous recommendation from the AHAC. And just on that last question about -- there was 2,752 improved single-family parcels within the Urban Estates; 57 percent of them were homestead properties. So basically, right now, what you're saying is, if you made the decision to move forward with the renting of guesthouses on homesteaded properties, 1,560, potentially, would be -- would be the max that would be allowed so -- because of that restriction, because it has to be homesteaded. So the order of magnitude is not a flooding of the market in regards. There is a limitation in terms of the impact this can have. Rental rates were a little bit tougher to come by. One, because you can't rent guesthouses, so we had to look at the primary -- the primary house that was in the Urban Estates, and the rates were -- and these rates were generated last year so I think maybe -- there may be somewhat of a pullback. But $4,770 for a two -bedroom unit; 5,870 for a three -bedroom; and then 6,323 for a four -bedroom unit. Most of these are within -- most of these are Urban Estates or some Rural Estates, but they're the primary house. So it is a little bit overinflated compared to what we would expect of the rental of the guesthouses, because the guesthouses are obviously only allowed to be 40 percent of what the square footage of your primary structure is. So that corresponding reduction in square footage will have an effect upon what the market would command. And then that -- staff is seeking direction from the BCC to amend all relevant codes to allow for Urban Estate guesthouses to be able to be rented and coordinate with the Tax Collector and the Property Appraiser. And the last bit I would seek some direction is -- because the Board of County Commissioners did ask us to open up the Golden Gate area, the Rural Estates master plan, and we have -- right now Page 56 May 14,2024 we're servicing the East of 9512.0 committee that's dealing with issues relevant to that area. Staff would seek direction from the Board, would you like us to bring this as a public policy question to both of those efforts, to the Golden Gate Master -- the Rural Estates Master Plan update as well as the East of 9512.0 committee in terms of their perspective to talk to the community to see if renting of guesthouses within the Rural Estates would be something there would be an interest in? Just seeking direction from the Board on that, but primarily what we're looking for is a direction from the Board to allow for the rental of guesthouses within the Urban Estates with the limitation of it being only applicable to homestead -exempted properties. And with that, any questions? CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: For -- before I go, do we have any public speakers on this item? MR. MILLER: I have no one registered to speak at this time. COMMISSIONER McDANIEL: All right. I am wholeheartedly in support of this. To me, this is simple economics, supply and demand. If we have more units available, the opportunity for housing affordability will inevitably transpire. I am wholeheartedly in support of the homestead provision that's been brought in here just to -- again, as you identified, give us someone that's more accountable for what's, in fact, transpiring with the utilization of their property. I would like to suggest that upon your consultation with the Tax Collector and the assessor's office, that a survey could be done to draw out the rental property from the homestead so we don't conflict with the homestead exemption portion. It could be served out -- or surveyed out and taxed at a different rate to allow that. MR. BOSI: And just to let you know, we have had some Page 57 May 14,2024 preliminary discussions with both of those offices, specifically for that -- for that -- that case of how the guesthouse itself would be lifted from the homestead exemption, but the rest of the property would be maintained within that. So we've had some tentative discussions with that. COMMISSIONER McDANIEL: Good. And then the last, but not least, as far as the Rural Estates, I still believe we don't have the infrastructure yet to support an increase in the allowable densities that are already existent in the Rural Estates. And so I would suggest we move this forward and monitor -- because you've got numbers. You've got real number how many homesteaded properties, how many people -- how many people already, so on and so forth. I would suggest we move this forward positively and then use it as a pilot program, if you will, to explore as we continue with our efforts in directing infrastructure, roads, bridges, transportation efforts and such in the east, to explore it at a later date. Once we see what the jump actually is. I mean, when I say "jump," the increase in ADUs. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. One of the things Mr. Bosi and I spoke about -- I have no, you know, issues with this, but sometimes when you approve something like this, you kind of don't know what you don't know. So if you sit here and do the math and go, man, if you could charge $6,000 a month for a house, I'd build as many of them as I could, and a guesthouse isn't a million dollars to build, and so, you know, the return on investment is huge. So what we had talked about was some sort of -- in the verbiage here, as we've done in the past with things like this that we're sort of testing out in print, some sort of review, a one-year or two-year May 14,2024 review to come back here and say, "So what has happened?" You know, just -- and we can do that any time. It doesn't necessarily need to be in writing. But when you put it in writing, it shows that we thought about it. We're not just rubber stamping this, and then we're going to watch it go wild. You know, it's similar to some things that we've talked about when it came to, like, food truck parks and other things that we were sort of throwing out as, like, Commissioner McDaniel said, it's sort of like a test case. We just did that recently with the rock -crushing lot that's in my district that's out in the boondocks. Yeah, but we still -- in a year, we want to make sure everything we assumed was going to be okay was. You know, I look at this, and I just think, "Let me think worst -case scenario," and worst -case is this could explode a little bit more than we thought. There could be some loopholes that we aren't really -- we didn't really think of that get caught and brought to us back by citizens. So just an ability to be able to review it and make some adjustments to it, maybe even significantly. You know, we were sort of talking. You know, that was the conversation you and I had, and I thought that that was the only thing that I thought would be relevant, you know, before just passing it blindly. MR. BOSI: And, Commissioner, what we can do -- as you know, everything is a public process. So there's going to be an amendment to the Land Development Code to specifically allow for the renting of the guesthouses. So as we're developing that Land Development Code amendment, we could write in a two-year check -in, a three-year check -in, whatever the Board's comfortable with. At that point in time, I think it would also be an appropriate opportunity to let you know how the program's working, and then we can touch base to see Page 59 May 14,2024 if -- well, if there was a lot of positiveness around it, we may want to explore -- as Commissioner McDaniel says, as we're building out our infrastructure to the east, maybe we think about extending it beyond. But we'll see -- we'll write in a two- or three-year check-up with the Board of County Commissioners as a progress report to be able -- to make sure that the program is working as functionally and as effectively as the Board has -- would direct it to do. CHAIRMAN HALL: Great. Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Bosi, if the Board directed staff to proceed with this, what would be the time frame for all of this to take place, and what would be the steps? MR. BOSI: The steps would be we would start with the -- I'd go back to my Land Development Code team and say, "We've got a pretty specific -- we've got a specific direction from the Board of County Commissioners to allow for the rental of guesthouses," so we'll draft the -- we would draft the modifications to the Land Development Code, we'd throw those through staff review to make sure all staff was weighing in on all the potential implications and the concerns. Then we would have to take it to the DSAC subcommittee, we'd take it to DSAC, we'd take it to the Planning Commission, and then we'd take it to the Board of County Commissioners. So you're talking a five- to six-month process before we would be back with the Board of County Commissioners. So you're talking probably the spring of next year that we'd be back with the Board. COMMISSIONER SAUNDERS: All right. And I've got a couple problems with this. And I find it interesting there are no Urban Estates in any other commission district. They're all in District 3. And so the issues that I'm dealing with with these properties, it's May 14,2024 all in one district, so I probably hear more stuff about this than the rest of you do. And, Commissioner McDaniel, you said that the infrastructure is not in place in the Rural Estates, and that's why we're looking at only the Rural -- the Urban Estates right now. But if you look at the Urban Estates, we have the same types of issues. You have kind of a rural atmosphere there because lots are three acres, some of them are larger than that, some are a little smaller, but it's kind of a rural type of an environment. And the folks that -- at least the ones I've talked to want to maintain that. And by opening up all of these units to potential guesthouses, that will impact the existing infrastructure there. For example, there isn't water and sewer at most of those locations. Just like in the Rural Estates, there's not water and sewer. The roads, if you look at the roads in the Urban Estates, they're very narrow roads. And there's -- you know, there are problems with traffic on those roads with school kids, just like you have in the Rural Estates. You have the same infrastructure issues in the Urban Estates that you do in the Rural Estates. In terms of transportation, obviously you have roads. The major collectors are very heavily over -trafficked right now, if you look at Immokalee Road and Santa Barbara and Logan and Pine Ridge. All the roads that would be impacted by this are very heavily impacted. And then I also have an issue in terms of this could not be restricted. If you permit the use of these guesthouses, how do you keep them from becoming short-term rentals now? Now, I think you can't, and I think Mr. Bosi has said that, and he's indicating that is correct. And if you look at Question No. 6 on the executive summary, "Should guesthouses have the ability to be rented as a daily or weekly Page 61 May 14,2024 rental?" And the answer is overwhelming "no." People don't want daily or weekly rentals in the Urban Estates. Well, I can tell you that's what you're going to have. You cannot stop it. You cannot say, "well, you can only rent for a month or six months." And so I think that this is a -- once you open the door -- I know you're talking about having periodic reviews every year, every three years, but once you open the door to this, you're not going to close it. And so I would say if you're going to do this in the Rural Estates, why aren't you doing it in -- I'm sorry. If you're going to do this in the Urban Estates, why not in the Rural Estates? And I think that this is kind of shortsighted. I don't think the folks out there really fully understand that if you open this door, you're going to destroy the quality of life in the Urban Estates, in my view. I live in the Urban Estates. I could certainly build a guesthouse and charge $5,000 a month if I wanted to, but I don't think that the street that I live on, if everybody did that, that would be at all compatible with the capacity of those roads and the quality of life that we have in those. So I object to moving forward with this. CHAIRMAN HALL: Well, just a couple of thoughts. Fifty-nine people responded out of 359 -- I mean, 3,559 people. Less than 2 percent responded with what I thought was a great effort to notify the public and get some public feedback. So, you know, we've got a -- I think it goes to the adage, you know, if you build these -- if you build this housing complex, you're going to turn this road into a parking lot. You're going to turn this into Miami. It's the same song, same dance over and over and over. And there's 1500 and something homes that were potential to do rent house -- or to do guesthouse rentals. Being out there, you're not going to get beachside short-term Page 62 May 14,2024 rentals. I think the majority of the people would be looking for supplemental income, which were working-class people, to live there, because a guesthouse that's 40 percent of the square feetage -- square feetage -- square footage of the main house is going to be a small rental. It's not going to be $6,000 a month. So I think being out there and at the market -rate rents, they will be affordable. Are you going to increase people living out there? Sure, you are, because the workforce is going to be there. Are they -- are they coming through there now? No, they're not. We talked about all of this at the AHAC. Short-term rentals, it wasn't my desire to do short-term rentals. I would like -- wanted to be able to say, "Hey, you have to rent it for at least six months," because that encourages the working- class people to live out there, but state preempted us; said we can't do that. So do we throw the baby out -- there goes one of those -- another colloquialism. COMMISSIONER McDANIEL: Don't say it. Don't say it. CHAIRMAN HALL: But, you know, I'm willing to take -- I'm willing to increase the inventory out there. I don't think it's going to be the Wild, Wild West that the naysayers say it could be. And if it is, we'll correct it. But we've got to do something to -- to increase inventory for our working-class people, and I think that this won't be the Wild, Wild West. I think it would work out fairly well with us. It normally does. For the people that say, "These complexes are going to turn us into Miami," well, we're not Miami, not even close. I've been over there, and I've been here, and here is better. Commissioner McDaniel. COMMISSIONER McDANIEL: Thank you, sir. I -- you know, Commissioner Saunders, you made mention about the similarities between the Urban Estates and the Rural Page 63 May 14,2024 Estates, and I don't disagree. The one -mile -long road -- roads off of our main arteries are similar and constrained. But contrary to what's going on in the Rural Estates, the ability to move people east and west and north and south is greatly enhanced in the Urban Estates than it is currently in the Rural Estates. You know well we're bringing forward Vanderbilt Beach, its extension, all the way out to Everglades Boulevard. You know well that we have plans of extending Wilson Boulevard south and interconnecting with -- potentially. We don't know. Trinity may object, but we don't know. We have the opportunity of interconnecting with City Gate, which comes in past the park and all. You know well, last week I was in D.C. talking specifically about Everglades Boulevard's capacity to be opened up as a partial interchange. Those are infrastructure improvements in the east that are forthcoming but not here yet. And so my suggestion here is -- and I understand your concerns. I don't agree with the overlap of the -- of the character of the Urban Estates with regard to changing that character, but I do agree there are similarities between the two with regard to the limitations on the infrastructure but certainly different than what we currently have in the Estates. So my thought process is similar to what Commissioner Hall and LoCastro have shared; let's move this forward. Let's continue to explore. I would suggest that we keep the online survey open to maybe -- because as is usually the case, we all know what's going on, but the average homeowner may not. And so we have the -- we have the opportunity to further explore and then go through the public processes of these necessary amendments and then utilize this as the pilot program as the infrastruct -- because as the infrastructure improvements in the east are ultimately quantified, then we can have these discussions about potentially allowing for the legal renting of a May 14,2024 guesthouse in the Rural Estates at the same time. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Mr. Bosi, can you -- is there any way you can bring back the graph that had the actual people that already have a guesthouse versus -- the ones in the survey that actually responded? You know, I kind of -- from the lines of Commissioner Hall, I mean, how many, 3,000-some people were exposed to this, and a number of 50 or so actually participated in the surveys? So that means an awful lot don't care. COMMISSIONER McDANIEL: Or didn't see it. COMMISSIONER KOWAL: Or, I mean, if you -- we know at least 3,000 at some point was reached out. So it sounds like a large number didn't have an opinion one way or the other. And I get it, Commissioner Saunders, it's your district, and you say that people -- a vast majority may be against it. Well, then it's good, then the vast majority don't build a guesthouse on their property, and that will limit it to whoever already has one that wants to participate, I guess. I mean, it's not like people don't live in the guesthouse, like brother -in-laws, mother -in-laws, things like that that have cars that drive and go back and forth. So I don't know if we're going to 100 percent increase traffic. And like you said there's 70, what, currently -- I don't know what percentage of the 75 percent's going to run out and hire an architect and get the permits and start building a guesthouse, you know, to add to that inventory. So, I mean, I don't -- I mean, it's -- we're talking about people's private property. You know me, I'm not big on overreach in government to begin with, and I don't like the fact that we limit a lot Page 65 May 14,2024 of people what they can do with their own private property anyways, you know, because of other people's feelings or things like that. You know, I think -- will it fix the overall problem we have here in Collier County? No. But will it throw a little bit more into the inventory and move in the right direction? Yes. So I kind of support this and definitely putting some sort of revisit in the language, you know, so if it does get to the point where, I think, if we see an explosion, which I doubt, you know, then we have an idea how to revisit those issues in the future and tweak some things. I know we used the word "tweak" a few times today. Yeah, I don't -- I don't -- I don't see much difference than what we already have out there other than people taking advantage of their own property and having a little residual income, you know, to subsidize the cost of living today, especially in this country the way it is and it's been recently. A lot of people are hurting in both sides. People are hurting for places to live, and people are hurting to make ends meet. So if you already had invested your own skin in the game and you built a piece of property and you built a guesthouse on your property out of your own money and your own hard work, I think you have a right to maybe turn a little profit on your investment at some point. So I kind of support the idea of moving forward. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick question for Mr. Bosi. When you say, "Revisit the issue after one-year period or two-year period," from a practical standpoint, if you have this plan in place, what does a revisit actually mean? Does that mean that the Board can change the ordinance and say "no more," or what does a revisit mean? MR. BOSI: I would say that the Board would have that ability. The Board sets policy. The Board's -- it's the Board of County 011 =1 May 14,2024 Commissioners that implemented the policy that guesthouses can't be rented. COMMISSIONER SAUNDERS: Would that result in a Bert Harris claim? You've got a right to do X on your property, we revisit it and we eliminate the right to do X, is that a Bert Harris? MR. KLATZKOW: My general advice has been you don't diminish people's property rights if you want to avoid Bert Harris. You can expand on them, but once you start diminishing those, you open yourself up to a claim. COMMISSIONER SAUNDERS: So the answer is that we can revisit, but we've got to be careful about retracting or going backwards on a proposal; is that -- MR. KLATZKOW: Yes. Once you give somebody a benefit, it's hard to take it away. COMMISSIONER SAUNDERS: So I understand and I just want everybody to be clear, a revisit is not necessarily really a revisit. It may be an evaluation, but then there are impacts, maybe some unintended consequences to saying, "Well, wait a minute, this was not a good idea. Let's don't do it." So I just wanted that --everyone to be clear on that. Then in terms of notification, I agree that perhaps there should be some additional -- I mean, obviously, the Board's going to move forward with this today, but I think there should be some notification in the community that this is coming forward, but I also think that there should be, in that notification, information concerning whether this -- whether those rates can -- those rentals can be restricted in any way, because I think people need to know that if they support doing this, they very well could have a short-term rental in their neighbor's yard. I understand that you'll have the neighbor living there, but that doesn't prevent the short-term rental. Page 67 May 14,2024 So perhaps in the notification, that if we move forward with this and the Board is moving forward with this, what that means is that you'll be able to rent your unit to anybody that wants to rent it, including short-term rentals, so that people know that this is not going to be duration restricted in any way. MR. BOSI: And understood. We -- COMMISSIONER SAUNDERS: I would just suggest the Board at least let the public know that that's what the proposal is, because we're going to be dealing with the same thing in the Rural Estates, because if you do this in the Urban Estates, there's no reason not to move forward in the Rural Estates. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: You know, this is a perfect example of the challenge that we face where you have over 3,000 people that are affected; 3 percent reply. I don't agree that the number was low because the other people don't care. Pass this thing today, and then we'll find out how many care. And we've done this before where we had something that -- oh, it seemed like there was no pushback. You know, 30 people showed up at the meeting. Then we passed it, and we all got 400 e-mails, you know, in two hours. So to me this one's a little bit of a dice roll unless Commissioner Saunders and/or our staff think it really isn't, that, yeah, 3 percent showed up, but the majority maybe don't have a dog in the fight. But, you know, to Commissioner Saunders' point, what he's trying to eliminate is turning streets into, you know, where there's like, you know, motels in the back of everybody's house. Now, I don't think that that's going to happen. But I am disappointed with the low turnout because it doesn't give us the feedback we need to really make a definitive decision on the impact, you know, to this community. But it's not enough for me May 14,2024 to not, you know, support this. I think we've got to really keep it under close scrutiny. But I think the minute we pass this in any way, shape, or form, that's when all of a sudden we get the feedback, which is disappointing because, you know, having three meetings and mailing out 3,000 postcards, you know, you'd hope you get more than 3 percent. If that low turnout means that the majority of the people don't care, they're not going to build a guesthouse, they don't care if their neighbor does, I don't -- I actually don't think that's probably the case, and we're going to hear some feedback, especially Commissioner Saunders will. But it's not enough for me to not support this, but I think we've got to just really watch it carefully. Do you have any feedback, Mr. Bosi, you know, on your concern with, you know, low citizen turnout at the meeting or -- sometimes people don't come to the meeting but we still get tons of feedback. I haven't heard one thing on this. Maybe Commissioner Saunders has, you know, gotten an overload of feedback. But I just want to make sure we're getting as much information as possible before we approve something that maybe is going to have some sort of residual effect that we didn't anticipate, negative residual effect that we didn't anticipate. MR. BOSI: Mike Bosi. I would remind the Board that this is not going to be instantaneous. We're not coming back in a month with the LDC amendment. COMMISSIONER LoCASTRO: Right. MR. BOSI: There's going to be DSAC subcommittee, DSAC meetings, Planning Commission meetings, then ultimately the Board of County Commissioners. This will circulate the awareness, I think, with the discussion. COMMISSIONER LoCASTRO: Oh, yeah. May 14,2024 MR. BOSI: And then when we come back for the actual LDC amendment hearings, you're going to get much more participation, I think, from -- on both sides. Just the -- just the invite to come out and discuss renting of guesthouses is a tough -- is a tough ask to get a lot of feedback in. COMMISSIONER LoCASTRO: Yeah. MR. BOSI: But if we're in the process of amending the code to allow it and it becomes more of a reality, I think you'll get much more participation from our citizens. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'm still in support of moving this forward. I want specific language in regard to the revisit. I want -- I want specific -- I want -- I know you -- I know this is all being recorded, but it's disconcerting when you two are over there conversing and I'm trying to maintain my thoughts, which is tricky all by itself. But at the revisit point, I want specific reports from Code as well, and that's going to -- I don't agree with Commissioner Saunders that we need to delineate the potential negativities. We just need to be very specific that when we send a notice, it says, "There are no limitations on the ability of a property owner to rent their facility in the manner that they see fit." But I want it to be on an annual basis on the premise that eventually, when there is better infrastructure and better capacity to move folks in the Rural Estates, that while we're -- we have a basis for discussion when that inevitably transpires in the east, at least is looked at in the east. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Would it be possible, Mr. Bosi or maybe the County Attorney, that -- you know, we're all talking about in two, three years down the Page 70 May 14,2024 road revisiting or reevaluating, the people that do have the guesthouse, that do participate in renting them to nonrelatives, that in there that they are subject to -- because it sounds like stress on infrastructure, stress on roads, or some of the concerns of Commissioner Saunders, that they will automatically participate in a type of special taxing district to put monies towards fixing or up -keeping those infrastructures or increasing them? MR. BOSI: That's a little -- that's a little trickier. One of the things that we did talk about with the Property Appraiser is if that is a -- if you have a guesthouse that is rented at a market rate, that no longer qualifies for a homestead exemption so, therefore, a portion of your property tax will be increased based upon the increased valuation that that structure that can be -- that is being rented is producing. So there will be a corresponding increase within property taxes. What you're referring to is the impact upon the infrastructure. One of the other aspects that we'll have to explore with the Tax Collector or the Property Appraiser is the way that they -- the way that guesthouses are accounted for from an impact fee standpoint, they're just -- the square footage of your guesthouse is included with the square footage of your main house, and wherever -- that total square footage shows you which side of the line you are in terms of your impact fees -- your impact fees are. But if you have a guesthouse that is -- that is a market rental, that would be -- potentially that would be a structure that is assessed in impact fees separate from the main house. And so that -- we could -- we could see guesthouses that move forward that -- moving forward that are going to be -- that are going to be rented would be assessed an impact fee in a different manner than they currently are assessed. But those would be things we would have to work out with our impact fee office as well as the Property Appraiser and the Page 71 May 14,2024 Tax Collector. COMMISSIONER KOWAL: Okay. So once they -- say they participate in the renting of the guesthouse out to a stranger for whatever, six months, a year lease, they're no longer -- that portion of the property then will not be protected under the -- MR. BOSI: Homestead exemption. COMMISSIONER KOWAL: -- homesteading. So then that will be able to be taxed at a higher millage rate? MR. BOSI: Yeah. And it's got a -- it's got a maximum. I think it will be -- 10 percent is the non -homesteaded properties. The homestead properties have a 3 percent cap. So that portion of their property will be decoupled from that homestead exemption. COMMISSIONER KOWAL: So then in reality, then, they'll actually be paying more towards -- MR. BOSI: They're going to pay more in taxes if they had a guesthouse that they were renting. COMMISSIONER KOWAL: Okay. Thank you, Mr. Bosi. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: And just one more question for the County Attorney, just so I fully understand. The idea would be this would only be available to homesteaded properties? So if you have a homesteaded property and you decide to build a guesthouse and you rent it out in the general public, you'd have a separation of that guesthouse for tax purposes from the main house. My question is, if you start off in that structure where you have a homesteaded house, home, and an accessory unit that's now a commercial unit and you decide to sell that house to -- let's just say to, you know, some company that wants to expand their footprint with the short-term rentals, could that -- what would happen at that point, or could that even happen? I mean, you're in a residential community. Someone other than someone living there buys the Page 72 May 14,2024 house for short-term rental purposes and intends to use the accessory dwelling unit as a short-term rental as well. MR. KLATZKOW: We need to explore this issue with the Property Appraiser, Tax Collector, and it might -- it might require lot splits in order to save the homestead. COMMISSIONER SAUNDERS: I understand that you're going to have some difficulty with dealing with how to split that. That's not the question. The question is, once you permit this, and the owner of the main house sells that house to someone who is in the short-term rental business, can that house -- the main house be used as a short-term rental? MR. KLATZKOW: These are accessory uses right now. The guesthouses -- so the concept is you have one lot. You've got the main house, then usually a family would stay over in your guesthouse. We're completely changing the thought process on this, making this a commercial property that's not really accessory anymore to the main house. It's going to require a complete re -think of how we do guesthouses in these areas. And I think it's going to require a lot split. COMMISSIONER SAUNDERS: Okay. Again, I'm just trying to just decide -- or understand, can the main house at some point be turned into a short-term rental by simply transferring it to a company that's in that business? MR. KLATZKOW: Your main house can be a short-term rental now. You'll lose your homestead but, yeah. COMMISSIONER SAUNDERS: So that is the -- I mean, the answer is that we're talking about this being limited only to homesteaded properties, but is that really a limitation? MR. KLATZKOW: I don't -- I don't know why you would limit it to homestead. I think you just grant it to everybody whether it's homestead or not. Page 73 May 14,2024 COMMISSIONER KOWAL: Well, I mean, the idea, I think, is it's limited to homesteaded properties, and that kind of keeps it limited, to some extent. You have the homeowner living in the house and making sure that the short-term rental is not being abused. That's the idea, I think, that staff was pushing. And the point that I'm making is that sounds good, but in reality, that main house could become a short-term rental and -- or just a general rental. Somebody could buy it and rent it out and have the short-term rental next door. When we say it's going to be limited only to homesteaded property, we're not really limiting it? MR. KLATZKOW: No, because there's nothing to prevent somebody from renting out their own house. COMMISSIONER SAUNDERS: That's the only point I wanted to make was that it's not limited in that regard. Now, that may not make any difference but, again, it's not a limitation. It sounds good, but it's not a limitation. MR. KLATZKOW: Yeah. These things have implications. It's like throwing a pebble in a pond. And, you know, Mr. Bosi and I and the Property Appraiser, we have to go through this. CHAIRMAN HALL: I think -- wasn't the plan to allow accessory dwelling units to homesteaded properties? COMMISSIONER McDANIEL: Yes. COMMISSIONER KOWAL: Yeah. CHAIRMAN HALL: So if you're not a homesteaded property, then you don't get the privilege of accessory dwelling unit. COMMISSIONER McDANIEL: Correct. CHAIRMAN HALL: But if you don't have a homestead exemption on your property now, you can still rent your home. COMMISSIONER McDANIEL: Correct. CHAIRMAN HALL: So it would limit it as to the accessory dwelling unit -- Page 74 May 14,2024 COMMISSIONER McDANIEL: Correct. CHAIRMAN HALL: -- to the homestead exemption. COMMISSIONER McDANIEL: Correct. CHAIRMAN HALL: I'll make the motion here, but before I do, everybody's lit up. So, Commissioner LoCastro. COMMISSIONER LoCASTRO: I just wanted to clarify something. So we're -- and I think you said it in a way that the public might misinterpret what was said. We're not rezoning these properties from residential to commercial, right? They're allowed to have a commercial entity on the back -- in the guesthouse, but we're not rezoning the property to turn a resi- -- you said something about you're making them commercial. MR. KLATZKOW: It's a commercial -- it's essentially a commercial use, but you're going to have to rezone this anyway to allow these things, and you might require a Comprehensive Plan amendment. COMMISSIONER LoCASTRO: Yeah. And my second question, just for more clarification, I think, and it comes off of what Commissioner Saunders is saying. If somebody's allowed -- their property's homesteaded, and they're allowed to do this, and the minute they build the guesthouse, they sell it to a new owner who is seasonal and, you know, is in totally different, you know, type of situation, they still get to take advantage of renting the guesthouse on the property they just bought, or it automatically stops? COMMISSIONER McDANIEL: Not unless it's homesteaded. COMMISSIONER LoCASTRO: Okay. So that's important for people to understand that somebody couldn't build a guesthouse and then immediately start flipping, you know, their property to somebody that wouldn't qualify for a homestead exemption, correct? Page 75 May 14,2024 Do you understand my question? MR. KLATZKOW: You can structure it any way the Board wishes. COMMISSIONER LoCASTRO: Okay. MR. KLATZKOW: What I will tell you, you have an enforcement difficulty because people are simply -- people will simply sell their homes or rent their homes, and they won't notify anybody. COMMISSIONER LoCASTRO: Yep. I think the smartest thing said in this room was that -- what Mr. Bosi said, we're not -- this has -- this has a ways to go. It's going to be vetted through a lot of different avenues before it comes back to us for a definitive, you know, vote to move forward, correct? And that vetting process will definitely readvertise this. I actually just got a -- you know, when we get into these kind of discussions, I sort of monitor my e-mail. A lady who lives in the district we're talking about, said, "We live in Rural Estates and never got a survey regarding a guesthouse. No one is even blogging about this in our neighborhood. Who did they mail these to?" So this is just one person but, you know, we didn't have very many people that actually came to the meeting, and she gave her address, and I'll wind up forwarding this to you. But, you know, to your point, the more we sort of talk about this -- I'm for moving this forward, but we'll have plenty of opportunities now to hear from more people to get e-mails like this to see if we missed something, so -- MR. BOSI: And remember, we didn't -- this is only the Urban Estates. If she's Rural Estates, she would not have received that. COMMISSIONER LoCASTRO: There you go. Yeah. MR. BOSI: So, I mean, because that's not the audience we were talking to. Page 76 May 14,2024 COMMISSIONER LoCASTRO: Right. Okay. So hopefully she's listening, and that's why she wouldn't have gotten it. But, you know, we'll alleviate all of that confusion as we move forward on this, if we do. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I don't need to belabor the point. Do you want to make -- I'll make a motion for approval with the -- as recommended by staff with the provision in writing of the one-year revisit and a specific report from Code. CHAIRMAN HALL: Second. Motion and second to move it forward. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? COMMISSIONER SAUNDERS : Aye. CHAIRMAN HALL: So moved. Item # 11 B AN AGREEMENT FOR SALE AND PURCHASE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM WITH MARIO J. RODRIGUEZ AND GISELA RODRIGUEZ FOR TWO PARCELS TOTALING 5.46 ACRES AND AN AGREEMENT FOR SALE AND PURCHASE WITH THE WHITTINGHAM CORPORATION FOR ONE PARCEL TOTALING 1.59 ACRES AT A COST NOT TO EXCEED $2081230. (JAIME COOK, DIRECTOR, DEVELOPMENT REVIEW) (DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY Page 77 May 14,2024 COMMISSIONER LOCASTRO - APPROVED Item 11 C AN AGREEMENT FOR SALE AND PURCHASE WITH 1, THE BEVERLY JEAN MURAWSKI TRUST AND KONNIE LOUISE SCHROEDER AND, 2, THE DELORES C. VOLPE REVOCABLE TRUST UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $1491850 MOTION TO APPROVE BYCOMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11 B. I'm actually going to read Item 11 B and 11 C together since Ms. Cook has them together in her presentation. So Item 11 B is a recommendation to approve an agreement for sale and purchase under the Conservation Collier land acquisition program with Mario J. Rodriguez and Gisela Rodriguez for two parcels totaling 5.46 acres and an agreement for sale and purchase with the Whittingham Corporation for one parcel totally 1.59 acres at a cost not to exceed $208,230; and Item 11 C is a recommendation to approve an agreement for sale and purchase with 1, the Beverly Jean Murawski Trust and Konme Louise Schroeder and, 2, the Delores C. Volpe Revocable Trust under the Conservation Collier Land Acquisition program at a cost not to exceed $149,850. Ms. Jaime Cook, your director of Development Review, is here to present. MS. COOK: Good morning, Commissioners. Jaime Cook, director of Development Review. So today before you, you have four purchase agreements for a I May 14,2024 total of five parcels. These purchase -- these parcels were approved as part of the Cycle 12A Active Acquisition List that was approved by the Board on October 10th, 2023. Item 11 B is the parcels within the Panther Walk Preserve, and Item 11 C is the two parcels within -- adjacent to the North Belle Meade Preserve. The Panther Walk Preserve is in the northern Golden Gate Estates, mostly west of Everglades Boulevard, and protects the north/south linear drainage through the Golden Gate Estates as well as providing aquifer recharge within the Horse Pen Strand area. This area has high -quality habitat for listed species, including the Florida panther, black bear, and listed wading bird species. Additionally, it provides an important wildlife corridor connection to CREW lands to the west as well as private conservation lands both to the north and to the west. The two Rodriguez parcels total 5.46 acres of forested scrub/shrub wetlands and consisting of 100 percent hydric depressional soils. The purchase price is $158,400, which is 100 percent of the appraised value. These two parcels are depicted in the map on the right in yellow, and the northern one along 64th Avenue qualifies for the Florida Wildlife Corridor Foundation memorandum of understanding that was approved by you at your last board meeting in which FWCF will pay 50 percent of the purchase price for any parcels that the program acquires within the Panther Walk Preserve at the full purchase price. They are also willing to contribute up to $1.5 million this year towards Conservation Collier acquiring parcels in the Panther Walk Preserve. The Whittingham Corporation is the parcel highlighted in red towards the bottom of the preserve. This parcel is 1.59 acres. Similar to the other two, it is forested scrub/shrub wetlands and marsh wetlands as well. Page 79 May 14,2024 The purchase price is $45,990, and the management will consist mostly of exotic removal on the site. The second two parcels, which are Item 11C, are adjacent to the North Belle Meade Preserve in the southern Golden Gate Estates just north of I-75. The North Belle Meade Preserve, again, provides habit [sic] for wildlife, including the Florida panther, Red -cockaded woodpecker, black bear, gopher tortoises. It's within the bonneted bat consultation area and also provides habitat for the Big Cypress fox squirrels. This preserve provides a connection to the wildlife corridor both to private conservation lands as well as state and county conservation lands, including the Rural Fringe Mixed -Use District Sending Lands, which are private conservation easements, the Gore Preserve to the east, RLSA lands, and the Panther Wildlife Refuge, as well as Picayune Strand to the south. This preserve contains native plant communities and upland and wetland habitats as well. The two parcels that you are considering today are highlighted in the map with the dark blue circle as well as the purple circle in the map on the left. The Murawski Trust parcel is 4.8 -- COMMISSIONER McDANIEL: Can you go back one slide, please. MS. COOK: Sure. COMMISSIONER McDANIEL: I'm sorry, Mr. Chair. I didn't light up. CHAIRMAN HALL: All right. COMMISSIONER McDANIEL: You have big squares on the right. Where are those two parcels on that map? Because over here on the left where you've got circles, that doesn't tell me anything. MS. COOK: They are, essentially, right here along the boundary of North Belle Meade and the Sending Lands. May 14,2024 COMMISSIONER McDANIEL: Okay. That's what I was looking for. Thank you. MS. COOK: You're welcome. COMMISSIONER McDANIEL: If you could, as you're going forward, delineate that with bigger pictures so we can actually see where we're piecing these together. MS. COOK: Absolutely. The Murawski Trust parcel is 4.87 acres of cypress, mixed -use scrub/shrub habitat, and pine flatwoods. It is adjacent to the North Belle Meade Preserve as well as private conservation lands to the south. The purchase price is $42,750 and, again, mostly consists of exotic removal as the management. And the last parcel, the Volpe Trust parcel, is eight and a half acres. It is directly east of the easternmost portion of the North Belle Meade Preserve and part of the Rural Fringe Mixed -Use District Sending Lands. The purchase price is $103,550, which is 95 percent of the appraised value of the property. So looking at the costs to Conservation Collier, again, these four purchase agreements total five parcels for a little under 20 and a half acres, and the total purchase price is $358,080. As a reminder, if approved, for the northern Rodriguez parcel, $39,600 of funding assistance would be coming from the Florida Wildlife Corridor Foundation upon approval by you -all for purchase. With that, staff recommends approving items both 11 B and 11 C. And with that, I would take any questions you may have. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, before I make my motion for approval, do we have public speakers, Troy? MR. MILLER: We do. COMMISSIONER McDANIEL: Okay. MR. MILLER: Would you like me to call them? I May 14,2024 We have one speaker. And, Brad, this is going to be for both items. Brad Cornell. COMMISSIONER LoCASTRO: Brad, remember, we're probably leaning towards approval, so, you know, I mean -- you know, you don't have to beat us up, you know, too much, maybe. MR. CORNELL: I never beat you up. I'm Brad Cornell, and I'm here on behalf of Audubon Western Everglades and Audubon Florida and appreciate the opportunity to address you on both of these -- all four of these parcels, 11 B and 11 C, the Whittingham, Rodriguez, Murawski, and the Volpe parcels. I just wanted to highlight a couple things of reasons for all of us to be supportive of this. In the Panther Walk Preserve, and also known as Horse Pen Strand, there's a really important value of flood protection by investing in places to put stormwater in these wetlands to rehydrate these wetlands but also push back on the catastrophic wildfire risk that we see in the Golden Gate Estates, North Golden Gate Estates area. So this is so valuable that the South Florida Water Management District and the Big Cypress Basin have strongly supported Conservation's Collier work -- Conservation Collier's work on this, so we should be collaborating with them to continue this. And in the North Belle Meade area, these parcels are important for some of those same reasons. It allows us to protect habitat and also manage wildfire risk in an area that's over -drained because of the I-75 canal and the State Road 29 canal. These canals have been over -draining this area for a long time, and we've seen bad fires move through North Belle Meade and Golden Gate Estates in this same area. Some really, really, big fires. So this is an opportunity, as we consolidate these, to manage for that wildfire risk. And I also want to point out that we have some dysfunctional policies in the Rural Fringe Mixed -Use District that is -- that these I May 14,2024 are part of in that these parcels are not only adjacent to Conservation Collier preserves but they're also adjacent to thousands of conservation easements, thousands of acres, excuse me, and those were established through the Rural Fringe Mixed -Use District TDR program, Transfer of Development Rights program, which has four credits available, but only two of those have been actually severed. The other two, a restoration credit, No. 3, and a conveyance credit, No. 4, have not been taken advantage of on these. And so they're not being actually managed for the conservation value -- full value that they have. So I think this underscores an opportunity that we all have to address that dysfunction in those third and fourth credits. So thank you for considering that, and we -- Audubon urges you to move forward with support. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Brad, you just talked me out of my vote. No, I'm just kidding. I have one question for you, and it's something that we've all raised from time to time. When Ms. Cook puts up the picture and it shows, basically, you know, these puzzle pieces, we own nothing around the yellow piece, but we just bought this little sliver for 40,000. You know, the goal is to try to piece some of those things together, and not necessarily buy everything, but we've all sort of said it in one way, shape, or form that, wow -- I mean, is there an effort to try to connect some of these? Is there anything your organization is doing or other organizations are doing -- and I'll also say that to Ms. Cook -- that when we look at the surrounding land that we're making offers -- if we think it's viable. It doesn't mean, you know, it's wide open; let's buy everything and connect it all. But sometimes when we just have a little strip in the middle surrounded by private property, I sit here May 14,2024 and say, "Okay, Conservation Collier's great, you know, we just spent 40,000 for apiece of property." The animals don't know what's Conservation Collier land and what's private land, so they're just walking right through it. What did it really do? And it did a few things. It allowed us, now that Conservation Collier has secured that property, to do some things with it, maintenance, and like you said, there's some wetland type of issues. But, you know, the connecting of some of these lots to really build some sort of corridor or have it be much more valuable, that we're trying to puzzle -piece this together, I mean, I sort of ask both of you, is that -- is that sort of a behind -the -scenes thing that it's one of the goals to try to formulate some form of puzzle that connects and we actually truly do own something and we're not just sort of jumping all over the map and patting ourselves on the back because we bought, you know, a small piece of property in the middle of a whole area that isn't Conservation Collier? So what did we really do? MR. CORNELL: Absolutely. That is the strategy. And if you look at both of these projects, they're called multi -parcel projects that have been designated for that, and so they're trying to accelerate and facilitate that very thing of filling in all the puzzle pieces. And that's, indeed, how some really major restoration projects, like Picayune Strand, assembled 19,000 parcels from people. That was the south Golden Gate Estates, and they assembled it from people all over the world, and now it's going to be complete next year. I mean, we're going to have a ribbon cutting that you -all should be invited to. And this is, you know, 55,000 acres of assembling exactly what you're describing. And so if you look at the map that -- that was -- Jaime was showing you, you'll see that these are not isolated. They actually are contiguous to others. And, in fact, if you look at the Panther Walk May 14,2024 Preserve, you'll see there's actually a big lineup starting to happen where they're all contiguous. And so, over time, we're going to fill in those pieces with your support. COMMISSIONER LoCASTRO: Okay. Thanks. MR. CORNELL: Sure. Thanks. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well, Brad brought forth something that I'd like to expand on just a moment, and that's the dys functionality in the Rural Fringe Mixed -Use District and those credits. And it leads me to the question: Have the credits in the North Belle Meade properties been severed from these sites yet? MS. COOK: No, they have not. COMMISSIONER McDANIEL: So in the event that the Conservation Collier acquires these sites -- and I'm going to make a motion that we do -- those -- we could, then, perform the restoration, and we could sever those credits and allow those to be utilized in other -- in another manner within the allowances of the Rural Fringe. And the revenues associated with those credit generations and disposition would then come back to the benefit of Conservation Collier? MS. COOK: Correct. And during the revisions to the ordinance, I believe that was your direction that -- COMMISSIONER McDANIEL: Yes, it was, for a reason. MS. COOK: -- would require us to do that GMP amendment. So, yes. COMMISSIONER McDANIEL: Yes. And so I'm really happy to see that. And one thing that I want to also -- since this picture's up right now, Brad, you and I have spoke at length about the wildlife crossing that inevitably was going to be -- was set in the original plan from the 846 Land Trust and that the -- May 14,2024 MS. COOK: That one may help you better. COMMISSIONER LoCASTRO: What are you doing? MS. COOK: That one may help you better. COMMISSIONER McDANIEL: You're doing great. The picture -- so what I want to talk about is just the fact that as we're acquiring these lands, there is certainly a huge environmental positive that comes along. Fire control, rehydration efforts, all of the things that Brad mentioned, but also the wildlife corridor and the connectivity that transpires with movement of our four -legged friends from the Panther Preserve through and across. I want to explore some creative fencing techniques that can be utilized, especially in the Estates, where we can help start to move our four -legged friends to where the path, inevitably, is going to go. So as we're acquiring these lands, I just want it to be a forethought that we are utilizing these creative fencing techniques to help our four -legged friends maneuver through and not get in harm's way. four. So with that, I'm going to make a motion for approval of all COMMISSIONER LoCASTRO: Second. COMMISSIONER KOWAL: Second. CHAIRMAN HALL: help me out, Ms. Cook. MS. COOK: Sure. CHAIRMAN HALL: depressionable soil? Okay. I just need clarification, if you'll What is hydric -- 100 percent hydric MS. COOK: So hydric soils, basically, the water doesn't drain. It's going to hold the water. It may be flooded, but it doesn't drain through. Typically, most uplands are built sandy soils. The water's going to drain. These ones don't drain as well. COMMISSIONER McDANIEL: Can I give him a Texican May 14,2024 answer? MS. COOK: Sure. COMMISSIONER McDANIEL: It's got a lot of clay in the soil. CHAIRMAN HALL: Okay. So I'm just -- you know, I want to be talked into this, but I have -- I have concerns. You know, the animals, they don't care who -- the name on the deed. They're using it right now. The appraisal said that, for permitting process, it's very difficult, if not impossible, to do anything with this property. So in reality, the property's doing what we want to buy it to do. I don't see the difference. Like I said, I'm trying to get talked into this. And it may not matter anyway, but I just want to bring that up. Yes, sir. COMMISSIONER McDANIEL: Every piece of property is developable for a home with mitigation. CHAIRMAN HALL: I agree. COMMISSIONER McDANIEL: So a private property owner can -- and I understand your rationale. But a private property owner can mitigate a portion of the -- of a cypress head. The cypress dome, if they chose to, can pay -- if they want to pay enough money, they can buy mitigation credits to be able to utilize that property. CHAIRMAN HALL: That's very, very, very, very true. That was three very's. COMMISSIONER LoCASTRO: But what Commissioner Hall's saying is, is that realistic? So, I mean, I think the question has merit. Is it realistic? COMMISSIONER McDANIEL: It certainly does. MS. COOK: It is. COMMISSIONER LoCASTRO: The one thing I would say is -- you know, getting back to the puzzle pieces, sometimes the piece I May 14,2024 we buy, the chances of it being developed, even though, like you say, everything is buildable, it might be very, very small, but it connects to some pieces that sometimes become very buildable. And so I think -- that's where I'm saying, isn't part of our goal to try to create these corridors, and some of these puzzle pieces might be less buildable, but they're connected to other pieces that could be. Some of them that we've purchased actually had homes on them already, so... MS. COOK: So this -- I guess, Commissioner, to your question, right where the arrow is on the screen, that really is in the middle of the slough, and someone paid mitigation credits and built their house there. COMMISSIONER LoCASTRO: Built something there. COMMISSIONER McDANIEL: And if I might add, Commissioner Hall, just so you know, this is part of a puzzle. And if you look at what's outlined in red, it comes just shy of Immokalee Road which lines up with the huge slough that flows all the way down from Lake Trafford that's in the middle of -- or just to the east of an approved subdivision called Brightshores right now, and it is all part of a wildlife corridor water flow system -- CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: -- all the way across the board. And, ultimately, I envision a wildlife crossing up there on Immokalee Road just to help with both water conveyance and -- I'm not going to say critters conveyance, but our four -legged friends have a better opportunity to traverse. CHAIRMAN HALL: Sure. I just -- COMMISSIONER LoCASTRO: You hate it less? CHAIRMAN HALL: No. I don't -- I don't get the -- it doesn't make good fiscal sense to me. We are accomplishing -- there's wetlands -- I'm talking about 11B. It's wet anyway. As far as I 1m May 14,2024 helping with fires and wildfires, that's helping with fires and wildfires. It's wet. The animals use it. They don't care who owns it. We're creating -- we're buying something to create maintenance on it for years to come. And to me, that -- to me that -- those parcels already accomplish what we really want to accomplish with Conservation Collier. I'm all about 11 C. Those are --I seethe value there. So we have a motion and a second to approve. Are you going to say 11 B or all of them? COMMISSIONER McDANIEL: All 4. 11 -- 11 -- COMMISSIONER LoCASTRO: A and B. B and C. COMMISSIONER McDANIEL: B and C. CHAIRMAN HALL: 11 B and C. COMMISSIONER McDANIEL: 11B and C, all four parcels. CHAIRMAN HALL: So we have a motion to approve all of the parcels, 11 B and 11 C, and we have a second. So all in favor, say aye. you? COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Congratulations. MS. COOK: Thank you. CHAIRMAN HALL: You did it. MS. COOK: Thank you. COMMISSIONER McDANIEL: Did we sufficiently persuade CHAIRMAN HALL: No. 011= May 14,2024 COMMISSIONER LoCASTRO: He hates it less. CHAIRMAN HALL: It didn't matter. MS. COOK: Thank you. COMMISSIONER LoCASTRO: Jamie, one thing I will say is thanks for continuing to bring these to us, like, as they come and not like what we were doing. You know, I know we've said that before, but, you know, bringing one giant list once a year, eegh. Thank you. MS. COOK: Thank you. MS. PATTERSON: Commissioners, if it's okay with you, let's take Item 12A. We're getting kind of close to whether we're going to take a lunch break, and I think 11 D's going to take a little time. We do have representatives from AshBritt here for 12A. So if it's all right with you, we'll go with that one. CHAIRMAN HALL: Sure. MS. PATTERSON: All right. Item 12A is a recommendation to approve the third amendment to Agreement No. 15-6365 for disaster debris management removal and disposal services with AshBritt, Inc., adjusting core disaster debris service fees by 3 percent and secondary camp and comfort service fees to current market rates, clarifying disputed line items for debris haul -out, designating the contractor as the primary vendor, waiving any purchasing irregularities, releasing the county from disputes or claims related to Hurricane Ian debris haul -out, and authorizing the Chairman to sign the amendment. With that, if the county -- it actually appears on the County Attorney's area of the agenda, if he has any opening comments before Mr. Finn begins. MR. KLATZKOW: No. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I'm going to go ahead and abstain from voting on this, and I will file May 14,2024 a voting conflict with the County Attorney. I have no financial interest in this issue at all, but my law firm does do some work for AshBritt. And just to avoid any -- even the appearance of any impropriety, I'm going to abstain. CHAIRMAN HALL: Sure. COMMISSIONER SAUNDERS: Thank you. MS. PATTERSON: Mr. Finn. MR. FINN: Thank you, ma'am. Thank you, Ms. Patterson, Mr. Chairman. I'm Ed Finn, Deputy County Manager. Today's objective is to approve the third amendment to Agreement No. 15-6365 with AshBritt, Inc., for disaster debris management, removal, and disposal services. This amendment proposes a 3 percent increase in core disaster debris service, adjustment of secondary camp and comfort services fees to current market rates, and clarification of a billing for debris haul -out. Additionally, it aims to designate AshBritt as the primary vendor. Accordingly, it seeks to waive any purchasing irregularities and ultimately release the county from any disputes related to Hurricane Ian debris haul -out, and authorize the Chairman to sign the agreement. AshBritt is a key partner in our hurricane response. They have been responsive and generally have exceeded our expectations over the last three events I'm familiar with: Wilma, Irma, and Ian. Staff is recom m aiding approval of this item. With that, I'll be happy to respond to any questions. CHAIRMAN HALL: Commssioner McDaniel. COMMISSIONER McDANIEL: Yes. I don't have any questions. I'm going to make a motion for approval with one proviso/question, and it is -- I'd like to shorten the agreement from the two-year recommended to a one-year approval and allow for us to be able to clear up potential questions/commalts from previous Page 91 May 14,2024 experience with AshBritt. CHAIRMAN HALL: comment? Okay. Mr. Miller, do we have public MR. MILLER: Yes, sir. I have two registered speakers for this item. Jason Santiago. MR. SANTIAGO: I'll pass. MR. MILLER: He's going to pass. Brittany Castillo. MS. CASTILLO: Good almost afternoon, Mr. Chairman, Commissioners, staff. I am just coming to say that AshBritt appreciates our ability to partner. I believe we're the only contractor to ever have partnered with the county in disaster response and emergency management. We're proud to work with your staff, which, certainly, I think a theme of the meeting was Collier being a model, and certainly your Public Utilities and Solid Waste and leadership are leaders amongst the state. I think people look to what Collier's doing, and we're proud to be partners in that. I appreciate Mr. Finn's commentary that we continue to exceed and -- or meet and exceed operations and experience, and I'm available if there's any questions. Thank you. COMMISSIONER LoCASTRO: I have a question. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Ma'am, so Commissioner McDaniel just made a clarification that he'd like to go to one-year instead of two-year. Do you have any concerns about that, or do you have a comment? MS. CASTILLO: Yeah. record, Brittany Perkins Castillo AshBritt. And I appreciate -- and for the . I am the chief executive officer of We've worked long and hard with the county on the best Page 92 May 14,2024 interests of planning, response, operations. Ensuring the two years, which is allowed under the current contract, I think, is best for Collier County. It allows us to ensure adequate resource allocation to the county. We're very thoughtful when we bid and procure other city, county, state contracts particularly in Florida and in a hurricane path of where you might get an impact to Collier County. And in having the two years, again, which is allowed under procurement rules in the contract, I think would ensure the best training exercise and operational readiness for Collier County. COMMISSIONER LoCASTRO: Yeah. I was just going to say that I -- I mean, I understand the advantage of a, you know, one-year check, and -- but, you know, there's not a thousand companies that do it the way that you -all do it. I was very impressed with what happened during Hurricane Ian. I don't look at 12A, our decision here as some sort of a -- and I heard this term in some casual conversations. "Well, this is like a settlement." This isn't. This is conversations that came to a fair and equitable agreement. And so maybe I just need to hear a little bit more from Commissioner McDaniel as to the pros and cons. You know, there's always pros limiting the years so we always have the chance to sort of take a look at it, but I would expect -- we don't have all the verbiage in front of us, but we always have the chance to back out of pretty much almost any contract. What would be the pros and cons? Kind of like what Commissioner Hall said at the last one, I need to be convinced a little bit more to make that change. COMMISSIONER McDANIEL: I'm not throwing myself on the sword. No disrespect. Totally happy with what AshBritt has done. The audit trail for some of what was done during Ian, a lot of what was done during Irma, was not as clear. It was as clear as mud. Page 93 May 14,2024 And so the thought process I had was rather than automatically renewing for two years, do it for one year. That gets us through this hurricane season and prompts our staff to have a hard look at this in between the systems, timing when systems can, in fact, arrive and have a -- have a greater opportunity for review of the processes and procedures from the audit portion. COMMISSIONER LoCASTRO: But if we leave it for two years, don't we always have that chance at the one-year point to say, "Wow, they still haven't cleaned up the mess," or whatever, and we have an issue? Because, I mean, the signal we're sending to them is, you know, hey, every 12 years -- every 12 months we're going to dangle the carrot, and we're not -- you're not saying that literally, but I thought two years was -- you know, it's sort of, you know, company standard. But we always have the right to be able to say, if we have -- you know, if we're having an unfortunate hurricane this season and they don't cross every T and dot every I, we have the chance to come back into this room and go, you know, break, break. "Hey, the final year we're going to go with someone else," or do we not have that option? COMMISSIONER McDANIEL: What was your original question? COMMISSIONER LoCASTRO: COMMISSIONER McDANIEL: COMMISSIONER LoCASTRO: COMMISSIONER McDANIEL: COMMISSIONER LoCASTRO: after a hurricane this season. joke. COMMISSIONER McDANIEL: COMMISSIONER LoCASTRO: Well, my question is -- I'm joking. Forgive me. If we left it as -is -- I'm sorry. We always have the chance I got it. I was making a Your mom just sent me a text and said, "Stop joking around with LoCastro so much." May 14,2024 MS. CASTILLO: May I, Mr. Commissioner? COMMISSIONER LoCASTRO: Yeah. COMMISSIONER McDANIEL: No, you're out of this now. I -- if I may, he brought you up here, but I don't have anything to say to you. This discussion is -- COMMISSIONER LoCASTRO: Yeah, and you've already said the two years is your preference. So I just wanted to get more clarification from the commissioner. COMMISSIONER McDANIEL: And hear me very carefully. I'm not dissatisfied with AshBritt whatsoever. Please. I ostensibly love everything that you folks have done for our community, okay. To you -- COMMISSIONER LoCASTRO: Yeah. COMMISSIONER McDANIEL: -- you said it before in the previous hearing on another subject matter with regard to the ADUs. If it isn't in writing, yes, we have the opportunity to look at it every single time. But if we -- if they have direction that we want this reviewed in 12 months -- it doesn't mean that we're not going to just rubber stamp it. It doesn't mean that we're not going to review it. Yes, we do have the opportunity to review at any particular point in time. Most of the contracts that we have, we can fire them for convenience if we choose. We're not gonna. We have no intention. My precept here is set this up for a one-year, agree to the terms and conditions within the one year, and that will give direction to our staff, our senior staff, to make sure that they're going through the processes, they work with the Clerk, and take care of some of the circumstances with regard to the audit review. That's the reason that I'm making this motion. COMMISSIONER LoCASTRO: So then I would have a question for you. Would that change your dedication, loyalty, you know, team partnership with us if we made that change for the Page 95 May 14,2024 clarifications that Commissioner McDaniel said? It might not be your preference, but would it cause you some sort of, you know, heartburn, heartache issue? Would it change -- would it change anything, or it's merely semantics? MS. CASTILLO: Myself, as the CEO of the company, has spent a lot of time in Collier County working with staff on this issue to continuously ensure that county staff, county leadership, and hopefully citizens in the community where we engage know that this is a top priority for our company. We are the largest company that does this nationally, and our relationship with Collier County and ensuring that Collier County has the best support that you could find in the nation is my personal priority and our company's priority. It would not change our relationship with Collier County. I would defer to Mr. Finn. We've worked very hard over the last eight months on this. I will respect your interest in not engaging me further and simply note that I believe Mr. Finn can speak to that our amendments are clarifying what I think both parties were -- was, you know, admittedly poor drafting of certain line items. So I don't think there will be challenges, but I will respect that you don't want to speak to that, sir. MR. FINN: And I will speak to that. One of the core things we did was fix the section of the rate tables that created the confusion, created the dispute in payment last year. Certainly, I am aware of the Clerk's concerns about the administrative procedures in general on this contract, and I'm going to quickly say the last thing I want to do is negotiate with myself here. But having said that, it is also my commitment, sir, to work with the highest levels of AshBritt to facilitate the administrative streamlining of these processes so that when they submit things, it meets the Clerk's requirements as close to the first time around as possible. May 14,2024 CHAIRMAN HALL: I think it's clear that AshBritt is -- does the county an amazing job when it comes to debris removal, and there has been a few issues, and with the two years, I think it's in everybody's best interest to do things smoothly. I don't think anybody's looking to do anything wrong, so I'm going to make a motion to pass this as recommended. COMMISSIONER LoCASTRO: Second. CHAIRMAN HALL: I have -- COMMISSIONER McDANIEL: I already made a motion to pass with a one-year provision. CHAIRMAN HALL: Oh, okay. Sorry. I missed it. COMMISSIONER McDANIEL: That's all right. CHAIRMAN HALL: So we have a motion to pass it with a one-year revision. COMMISSIONER McDANIEL: And that motion fails due to a lack of a second. CHAIRMAN HALL: So that motion failed for lack of a second. So we've got a motion to approve it as recommended, and we have a second for that. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: (Abstains.) COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Motion passes. Good job. MS. CASTILLO: Thank you very much. Page 97 May 14,2024 MR. FINN: Thank you, gentlemen. COMMISSIONER McDANIEL: Burt voted. I wanted it noted that Commissioner Saunders voted when he already abstained. COMMISSIONER SAUNDERS: Yeah. Ignore that. CHAIRMAN HALL: It was a Freudian slip. COMMISSIONER SAUNDERS: It was a bad habit. MS. PATTERSON: Commissioners, let's take a look -- it's 11:49. We have the Williams property and the burn ban to go, or do you want to push on? CHAIRMAN HALL: Let's do the burn ban. Item # 11 E RESOLUTION 2024-92: A RESOLUTION ESTABLISHING AN OUTDOOR BURNING BAN IN THE UNINCORPORATED AREAS OF COLLIER COUNTY IN ACCORDANCE WITH ORDINANCE NO. 2023-38, AS AMENDED, THE REGULATION OF OUTDOOR BURNING AND INCENDIARY DEVICES DURING DROUGHT CONDITIONS. (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - ADOPTED MS. PATTERSON: All right. Okay. Item 11 E, formerly 16F 1, is a recommendation to approve a resolution establishing an outdoor burning ban in the unincorporated areas of Collier County in accordance with Ordinance No. 2023-38, as amended, the regulation of outdoor burning and incendiary devices during drought conditions. This was formerly Item 16F 1 and is brought to the regular agenda at Commissioner Saunders' request. COMMISSIONER SAUNDERS: And, Mr. Chairman, I pulled this off the consent agenda with the knowledge that we would only May 14,2024 have 10 minutes left before the lunch break, and this would be a perfect item for that consideration and, secondly, because it is a -- it is a big deal, and I thought that having an explanation for the public as to why a burn ban today and not one a month ago and just what the burn ban means, and that's why I pulled it, Mr. Chairman. CHIEF CHOATE: Commissioners, right before lunch, thank you. Michael Choate, your executive director of Public Safety. So just for a quick little visual, they update this every day. This is dated Sunday. So this is our drought index. As you'll note, Collier County is clustered with Lee and Hendry as well. We're between the 400 and the 449 range in terms of drought, which is, you know, not great, but it's not terrible at this time, so -- but we are -- we do have -- do you want to push it up, sir? COMMISSIONER McDANIEL: One second. Slide it up so we can see the bottom part where -- there you go. You're talking about numbers that we can't see. There you go. Thank you. CHIEF CHOATE: Gotcha. COMMISSIONER McDANIEL: We'll blame Amy for that. MS. PATTERSON: Failure. CHIEF CHOATE: Yeah. So with that said, you see that we are currently within the 400 to the 449 range. I've taken the liberty to reach out to the comm center just to give you some local data in terms of what we've actually ran year to date starting January 1 st. When I use the term "working fire," that means -- that doesn't mean the little roadside stuff or anything else. That simply means that it's required upon the initial dispatch. It's required us to trigger additional resources, and sometimes elevating all the way up to what we call a strike team, which is clusters of five. It could be brush trucks, it could be water tenders, et cetera. So it could come from Lee County if we don't have enough resources from ourselves. So year to date we've had 19 working fires, and the Florida May 14,2024 Forest Service has responded to over 120 acres of burned property within Collier County since January 1 st. And so with -- you know, with the weather the way it is and with the unseasonably dry, you know, fall, winter, and spring, we are facing increasing fire risk. And so in your packet, you'll note that there was a letter of support from the Collier County Fire and EMS Chiefs Association. We have collaboratively gotten together and determined that now is the time to ask for this from the Board. And with that, I'll take any questions that you may have, sir. COMMISSIONER McDANIEL: Commissioner Saunders, you want to go first? COMMISSIONER SAUNDERS: Well, I was just going to ask, could you explain what the burn ban means? Because there may be people listening or may go on our web page -- CHIEF CHOATE: Certainly. COMMISSIONER SAUNDERS: -- and they may not fully understand what it even means. CHIEF CHOATE: Certainly. It just -- it's not non -permitted -- any uncontrolled burning -- or any burning whatsoever in the unincorporated areas of Collier County, is what that means. And this can be rescinded, should we start getting rain, should we -- you know, I understand this is sometimes controversial. Just remember this doesn't affect big agriculture. Big agriculture can always seek and get their burn permits and so forth should the -- should the, you know, "big ag" need to burn for whatever -- you know, like they do seasonally. So this is for the nuisance stuff that always turns into something major that happens. You know, it's the backyard stuff that most often than not turns into something that requires a tremendous amount of resources from your emergency services. COMMISSIONER McDANIEL: Yes. First of all, Page 100 May 14,2024 Commissioner Saunders, thank you for bringing this forward. This is a subject matter near and dear to my heart. I want you to be aware that we amended this ordinance years ago. I used to fight with previous administration because of the hocus-pocus that went into the enactment of a ban, and it had to be approved and six of them had to stand there and say it was -- all the stars lined up for it to be put in place. I want to also say out loud that contrary to what the chief said, we had an overly wet winter, far more rainfall than we typically have had in the past. It hasn't been that way. The County Manager and I spoke about the necessity of a burn ban in excess of a month ago. I want it to be said out loud that the county manager should, can, enact a burn ban when the powers that be all say so in conjunction with consultation with our Chair. And so this burn ban is late. It should -- it could have been done and enacted a month ago when it was required. We have had multiple brush fires that have popped up since, and I would suggest that we follow our ordinance, enact a burn ban when the powers that be all say so, and consult with the Chair, put the burn ban in place, do the public notice, and have the Board ratify it at the earliest convenience thereafter. In consultation with the County Attorney yesterday, there was some discussion about -- because unlike other ordinances, this is a Sheriff -enforced ordinance, and the prosecution of someone who is in violation of it could be in question if it isn't actually ratified by the Board. We're not looking to arrest anybody. We're just looking to protect our citizenry and if, in fact, the prosecution is a question, then we can deal with that. It's more important that when the stars line up and it's necessary, that the ban is effectuated by the County Manager in consultation with the Chair and the emergency service people. Page 101 May 14,2024 aye. So with that, I'll make a motion for approval. COMMISSIONER SAUNDERS: Second. CHAIRMAN HALL: Motion and second. All in favor, say COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: Good job, Chief. CHIEF CHOATE: Thank you, Commissioners. CHAIRMAN HALL: You talked us right into it. All right. With that, it's lunchtime. We'll be back at 1 o'clock. (A luncheon recess was had from 11:56 a.m. to 1:00 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN HALL: All right. Ms. Patterson, lead us into the most exciting part of the day. MS. PATTERSON: That's right. Item # 11 D AN AGREEMENT FOR SALE AND PURCHASE OF 21247 +/- ACRES OF PROPERTY AT WILLIAMS RESERVE AT LAKE TRAFFORD, LOCATED IN IMMOKALEE, AT A PURCHASE PRICE NOT TO EXCEED $23,000,000 FOR USES SUCH AS CONSERVATION, PARKS AND RECREATION, TRANSPORTATION, STORMWATER MANAGEMENT, ECONOMIC DEVELOPMENT, AND POTENTIAL CO - LOCATION OF FIRE OPERATIONS WITH IMMOKALEE FIRE Page 102 May 14,2024 AND RESCUE DISTRICT; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS. (JAMES FRENCH, DEPARTMENT HEAD, GROWTH MANAGEMENT & COMMUNITY DEVELOPMENT DEPARTMENT; JAIME COOK, DIRECTOR, DEVELOPMENT REVIEW) (ALL DISTRICTS) MOTION TO APPROVE W/BID OF $20,770,000.00 AND OTHER CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED Item 11 D is a recommendation to approve an agreement for sale and purchase of 2,247 plus -or -minus acres of property at Williams Reserve at Lake Trafford located in Immokalee at a purchase price not to exceed $23 million for uses such as conservation, parks and recreation, transportation, stormwater management, economic development, and potential collocation of fire operations with Immokalee Fire and Rescue District, and authorize the necessary budget amendments. Mr. Ed Finn, your Deputy County Manager, is here to present. MR. FINN: Thank you, Ms. Patterson, Mr. Chairman. Ed Finn, Deputy County Manager. With me today are Ms. Belpedio and Mr. Leonard from the real property division; Mr. French; Ms. Cook; Mr. Bosi from Growth Management Department; and Ms. Ashkar from the County Attorney's Office. I'm going to try to lead the Board through this item. There's a lot of moving pieces to it. There's the property itself, there's the contract, and there's the things that we want to talk to the Board about as we go through this. And with that, we'll commence. The Board is being asked to consider the purchase of Williams Reserve covering approximately 2,247 acres in Immokalee at Lake Page 103 May 14,2024 Trafford. This strategic acquisition is designed to enhance ecological connectivity linking wetland habitats to Lake Trafford and restoring adjacent sloughs to strength flood defenses and support aquifer recharge. The initiative is part of the Conservation Collier program principally but will also address diverse community needs including parks and recreation, housing, transportation, stormwater management, economic development. The acquisition will also establish a partnership with the Immokalee fire district relevant to public safety. Bring the Board into the location. You can see Immokalee and Williams Reserve relative to Immokalee. The vicinity, Williams Reserve is identified there in red outline and the yellow, Immokalee is identified, as is the Pepper Ranch, which is about 2700 acres under the Conservation Collier program currently. Give you a sense of the timeline. In August we approached the Board. The Board gave us direction to have the County Manager issue a letter of interest on the property, which we did. At that point in time, our internal review appraiser, Mr. Leonard, had established an initial value of $20,225,000. Our letter of intent also indicated the statutory requirement which is "or the lower of two independent appraisals." In March, the Conservation Collier staff dug into the property and looked at it quite closely, and we also received the appraisals in March of this year. COMMISSIONER McDANIEL: And what did they find while they were digging? MR. FINN: They did not dig. They scratched. They didn't dig. I appreciate the comment. April '24, Conservation Collier submitted their initial screening report to the CCLAC, and the CCLAC put this property on the A List Page 104 May 14,2024 for acquisition. Letter of intent, representatives of the property owners approached the Board, approached staff. As I discussed, the Board -- the Board gave us direction in August of '23. As I noted, the $23,000 figure came from the owner. COMMISSIONER LoCASTRO: Twenty-three million. CHAIRMAN HALL: Twenty-three million. COMMISSIONER McDANIEL: Twenty-three million. COMMISSIONER KOWAL: Buy it tomorrow. COMMISSIONER LoCASTRO: Twenty-three thousand, sold. COMMISSIONER McDANIEL: Buy two. COMMISSIONER LoCASTRO: Just for the record, I just wanted to -- MR. FINN: Put that green eye shade back on. CHAIRMAN HALL: We dug into this and saw that. MR. FINN: That's it. We found a big savings. COMMISSIONER LoCASTRO: We thought 23,000 was a little low. COMMISSIONER McDANIEL: We scratched it. MR. FINN: That's it. In any event, the seller came back with a price of $23 million and a condition stating they have the right to rescind the agreement if the Board approves a price of less than 23 million. A little bit about the property. This map endeavors to show the wetlands that run through the property and its relationship to Lake Trafford and the slough. The ecological connectivity is kind of demonstrated by this, links with state conservation areas, including Stewardship Sending Area 13, Conservation Collier's Pepper Ranch Preserve, and the lands managed by South Florida Water Management District, and Corkscrew Regional Ecosystem Watershed. Page 105 May 14,2024 The property links wetland habitats to Lake Trafford. Restoration of the adjacent sloughs will bolster Immokalee's natural flood defenses and contribute to aquifer recharge. Relative to Conservation Collier, you can see, in concept, the Conservation Collier portion is highlighted in yellow. You'll see towards the top of the map outlined in red is Williams Farm's PUD, which is an entitled piece of property, 336 residential units, and some indication there of a potential site for the fire station. Relative to Conservation Collier, it features at least eight distinct habitat communities. This diverse landscape supports numerous protected species; air plants, Florida panther, black bear, caracara, and various wading birds, as well as habitat for other wildlife such as turkey and deer. The preserve offers a variety of recreation opportunities for us to develop, potentially including hunting, as is done at Pepper Ranch. Finally, the other uses of the property include affordable housing. You'll see there the Williams Farm RPUD is entitled for residential development of 336 residential units; Immokalee fire district fire station location; there is, in concept, an earmark for transportation and stormwater management; approximately 250 acres for Parks and Recreation and additional passive recreation; and 250 acres for additional housing or other uses. In our minds, the Conservation Collier, there would be some level of -- some level of development to ensure public -- public access to this property and public utilization. Just a recap on the conceptual uses and a couple of nice -to -look -at drone shots kind of showing the Board the property. And I'll just move through these quickly. Purchase price and appraisals. As mentioned, the purchase agreement signed by the sellers and the county effectively reflects 23 thousand -- $23 million was the average of two appraisals. The Page 106 May 14,2024 average of two appraisals is $20,770,000; however, if the price approved by the Board is lower than 23-, the seller reserves the right to rescind the agreement. A price greater than the average, the $20,770,000, is subject to a supermajority Board approval for any excess amount. 2,274 acres, significant portion suitable for conservation. The Williams Farms RPUD portion, 336 entitled units, as well as other potential uses that we have discussed. CHAIRMAN HALL: Mr. Finn. MR. FINN: Yes, sir. CHAIRMAN HALL: How many acres is the Williams Farm PUD? MR. FULLMER: The Williams Farm, the RPUD document has it at 168.2 or .02 acres. COMMISSIONER McDANIEL: About right, yeah. MR. FINN: The fiscal and financing approach, on the left-hand side is a concept of the Williams property acquisition and just an overall average cost per acre both at the average of the two appraisals, as well as the $23 million price. Below that is showing the Conservation Collier acquisition budget. So this is starting at available $24 million. I've already taken out a couple of million for -- 2 million -- 2.4 million for acquisitions that are either in process or already on a list. And you can see that relative to the proportion of Conservation Collier in our initial -- initial evaluation, that still leaves a substantial amount for additional acquisition. On the right-hand side is kind of a breakdown of the initial financing approach. This approach is going to be subject -- subject to change not only before we get to the closing but also when the ultimate uses of the property are determined, much like the golf course. As those courses are developed and the properties are allocated and leases or lease agreements are established, at that point Page 107 May 14,2024 the financing comes clear, and it's reconciled to the ultimate uses, and we would propose doing that here. The environmental inspection and reporting costs would be in addition to the numbers shown on this sheet. And I will focus just real quickly on the right-hand side. Conservation Collier, somewhere between 12- and 13-, 13,4- as allocated here. Parks impact fees, you can see what those amounts are. The affordable housing, the entitled component, that's shown there. The entitled per -acre value is substantially higher than the balance of the property, which is valued at -- as ag, and then the non -entitled affordable housing potentially could be supported by an affordable housing fund that exists in our budget right now. Environmental considerations. As you can see, the current use is agricultural, including cattle and farming use and related fuel and equipment; machinery sheds and shops exist on the property; residential use. There is a residential home on the property as well as an office; storage tanks for water and fuel; various wells and ditches also exist. Soil and groundwater testing are recommended throughout the property. Additional listed species also require additional testing and, of course, there's always the likelihood that there's going to be contamination from ag uses and fuel tanks, perhaps even the septic systems presently on the property. The agreement provides a six-month due diligence period for conducting environmental evaluation and testing. The inspection period may be extended by mutual consent. We did seek to achieve a longer due diligence period, and we were, thus far, unsuccessful in doing that. Environmental reports. The seller possesses a Phase 1 environmental report and are obtaining or perhaps have a limited May 14,2024 Phase 2 report. They've agreed to provide those reports within 10 days of this agreement being signed. Staff did, of course, ask to have those reports. Those reports are kind of critical to us in forming our scope for our studies for the due diligence period. If the inspection is incomplete or reveals significant contamination, staff may return to the Board during the inspection period with a mutually agreed -upon time extension or a recommendation that we exercise our termination rights. Limited indemnification clause. A 6-month inspection period has been agreed upon with potential extensions subject to mutual agreement. We talked about the reports. Those are kind of critical to us. And we'll move on to liquidated damages. This is -- this is essentially some hard money on our part. If all the other -- if everything moves forward and for some reason budget isn't available or the Board simply decides to change the direction they want to move on this one, this hard money is all that's at risk at this point. This -- the amount of money here and this approach is consistent with the approach taken with Pepper Ranch, and the amount of -- amount of money referenced here is in the same ratio as it was for Pepper Ranch. COMMISSIONER McDANIEL: Can I ask one quick question there? MR. FINN: Yes, sir. COMMISSIONER McDANIEL: We're only exposed on the 70,000 hard money, as you referred to it, if we go through the inspection period, we go -- and we just decide, if our shoes come untied, that we're not going to buy the property at all. If we -- but per the -- my understanding is per the terms of the contract, if we are in the inspection period, we get within 10 days, the Phase 1 and limited Phase 2, and then make a determination that we wish to Page 109 May 14,2024 withdraw, we're not exposed on that 70-? MR. FINN: Yes, I believe that's the case. COMMISSIONER McDANIEL: Okay. CHAIRMAN HALL: That is the case. We're not exposed at all prior to -- while we're in our due diligence period. COMMISSIONER McDANIEL: Right. MR. FINN: And this is a unilateral for our best interest, being able to pull out. COMMISSIONER McDANIEL: I understand. MR. FINN: There is a -- included in this agreement is a naming -- naming component. Any conservation park established on the purchased land is to be named James E. Williams, Jr., Preserve or similar for a minimum of 20 years. And this is our recommendation: Staff recommends that the Board approve the sale and purchase agreement for approximately 2,247 acres of property at Williams Reserve. This approval includes authorizing any necessary budget amendments and authorizing any expedited procurement actions for environmental inspections. Before the contract is approved, the Board must determine appropriate purchase price. We talked about the supermaj ority. And for the record, the deed will be prepared allowing for future roadway and stormwater improvements on any land acquired under Conservation Collier either in the short run or permanently. With that, that completes my presentation. We do have subject -matter experts here prepared to answer any specific questions the Board may have. CHAIRMAN HALL: Troy, do we have any public comment? MR. MILLER: I have two registered speakers. CHAIRMAN HALL: Let's hear them now. MR. MILLER: Your first speaker is Brad Cornell. He'll be followed by Daniel Zegarac. Page 110 May 14,2024 CHAIRMAN HALL: Do you know what to do, Mr. Cornell? MR. CORNELL: I believe I do. Brad Cornell on behalf of Audubon Western Everglades and Audubon Florida. Mr. Chair, thank you for the opportunity to address you on the Williams Farm acquisition. This is no small effort and has a lot of facets to it, as we're hearing from the Assistant County Manager. And I want to first say that we're supportive of this purchase. It's a strategic location. It's a really important wetland slough that's a tributary to Lake Trafford. It's important habitat for a number of listed species and imperiled species, and it complements the Rural Lands Stewardship and the Conservation Collier and state and federal efforts in conserving and managing our amazing resources in this county, including in the area of Immokalee. However, I want to emphasize what you heard in the staff presentation, which is it's going to be really important that the county get the Phase 1 and Phase 2 environmental investigation reports. We know the history of this area. It's agricultural. It also is in a slough that has conflicting land uses historically. There is an unlined landfill that's in this same slough to the east. It's not in this property, but water flows, and it's flowing towards Lake Trafford. So we need to know what the consequence of that is. Also, the process of the Immokalee Water and Sewer District, you know, how they have managed their effluent and spray field, et cetera, et cetera. We need to know what the consequence of all that is, as well as agricultural operations. You know, historically, there are cattle and cattle -dipping vats that everybody used in times gone by. So we need to know, is there DDT out there? Are there other chemicals that would be a liability, that you don't want to put affordable housing or parks or conservation uses? So those are Page 111 May 14,2024 things that, you know, we need to know that we're not getting set up for some sort of unfair liability or a conflict. The other thing I just wanted to underscore is the -- I went to the Conservation Collier Land Acquisition Advisory Committee hearing on this, and at the time it was 1167 acres, and now it's another 300 acres, and the price has gone up from eight million to 12 or 13 million. So I was surprised at that, and I'm not quite sure what that math is, and it appears that there's some indecision about what departments are going to be paying for what. So I would just ask you that if there are lands that are going to be purchased with Conservation Collier money but not used for Conservation Collier purposes, that Conservation Collier be reimbursed -- that they be reimbursed at the -- you know, whenever that department has decided that -- is going to be in charge of that land use. So if I may make that strong recommendation. And, otherwise, we're supportive. Thank you. MR. MILLER: Your next and final speaker for this item is Daniel Zegarac. MR. ZEGARAC: Good afternoon, gentlemen. My name is Daniel Zegarac from Collier County. It was nice to hear Mr. Cornell's comments about caution on this -- on this property. And I would also add to that be careful about spending money on things that don't necessarily have long-term revenue resources to support the expenditures. Our debt has grown substantially over the last couple of years, lacking a plan to deal with it. Sound familiar? Conservation Collier has great components to it; however, too often it seems we overpay for property and keep it overpriced in the market. This is the function of government. Workforce housing also has some great components to it, but does inclusion of it automatically make a project undeniable? I Page 112 May 14,2024 heard the other day that it did. When was the value of this property originally discussed? I heard today from Mr. Finn that the seller said it was worth 23 million. Did he give us a document that substantiates that 23 million? I don't know where -- these type of risks and the location of this type of property, I haven't heard of 23 million. When was the value of the property originally discussed? Is it assumed that the value is 20- to 23 million because that's what the seller wants? Is there another buyer for this property if the county passes on the purchase? Somebody waiting in line to buy it, perhaps? It doesn't seem that we know enough about this property or that the seller is giving us enough information to complete the deal on this land. Seventy thousand dollars in liquidated damages if Collier leaves the deal. It would seem to me that before Collier County spends this amount of money on a potential project, even with Conservation Collier as a partner, you should know a lot more about this land. Thank you. MR. MILLER: And that was our final speaker. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well, first of all, in respect to the last public speaker, Dan, I welcome you to come and speak with me about this because a lot of the questions that you raised I have answers to, and I'd be happy to share them with you. I'm very intimate with this piece of property. I did express some concerns with regard to the potential for exposure in the remediation aspect of it, but I feel comfortable that with the Phase 1 that's -- that's already been done and the limited Phase 2 that we don't yet have access to but have been promised to us within 10 days of an agreement, we'll be able to ascertain fairly quickly whether or not there's a large exposure. Page 113 May 14,2024 I did -- I did also express some concerns with regard to the $70,000 of liquidated damages, but they're not liquidated damages during our due diligence period. So it's only if we walk from the agreement after we've done our due diligence and such that we would have that as an exposure. My question, Ed -- and Jaime Cook apparently is -- oh, there she is. She's right over there. She had a really nice map that I looked at yesterday. If I'm not mistaken, we need to -- once we ultimately do or do not make the purchase, we need to do a GMP amendment; is that correct? Everybody's over there hitting buttons. There's the map. We have to do a GMP amendment? MS. COOK: Jaime Cook, director of Development Review. Yes, the area outlined -- or shaded in pinkish red is within the Rural Lands Stewardship Area. So to develop it as anything other than ag uses, it would need a GMP amendment to remove it from the RLSA. COMMISSIONER McDANIEL: Okay. And then the area in green is not included in the RLSA? MS. COOK: Correct. That is within the Immokalee urban area. COMMISSIONER McDANIEL: Okay. So -- and except for the northern piece, which I think is the PUD for the housing -- MS. COOK: Correct. COMMISSIONER McDANIEL: -- that's -- and that's not delineated on this map here? MS. COOK: Correct. COMMISSIONER McDANIEL: Okay. So once we get to a point of moving forward, I would like to make, as part of our motion, that we give direction to staff upon the acquisition that we immediately pursue the GMP amendments. And my proposition is really quite simple, is that the area that's in pink be removed from the Page 114 May 14,2024 RLSA and the area that's in green be added into the RLSA. Since we're doing a GMP amendment, we add in that slough area into the RLSA, which can be an enormous benefit to Conservation Collier. The other commalt is this access on this land lines up directly with Little League Road in Immokalee proper, and this can be -- it's rather circuitous, but there was talk about road -- or right-of-way reservation for a road system and the extension of Little League south could be -- with the obvious permission of other landowners to the south, this could be an extension of Little League Road all the way from Im m ckalee Drive to Im in ckalee Road itself, which would greatly enhance for evacuation purposes and all kinds of wonderful things for Immokalee proper. CHAIRMAN HALL: I'm waiting for Troy to quit driving. COMMISSIONER McDANIEL: Somebody's -- somebody's hitting a lot of buttons here. CHAIRMAN HALL: Which one's Little League Road? COMMISSIONER McDANIEL: It's -- MS. COOK: Commissioners, it's basically these two red lines running through the center of the map north/south. It's an existing FPL easement, but Little League Road lines up with that. CHAIRMAN HALL: Gotcha. COMMISSIONER McDANIEL: And we have plans for -- if you don't recall in the MPO at one time, there was plans in the Long -Range Transportation Plan of extending Little League north all the way up to 82 as well, and the potential for that does, in fact, exist. FPL bought a large tract of land north up near 82 for a solar field, and we've got right-of-way -- right-of-way reservation along the east side of that property as well to allow for another ingress and egress in and out of Immokalee. CHAIRMAN HALL: Gotcha. Commssioner LoCastro. Page 115 May 14,2024 COMMISSIONER LoCASTRO: Mr. Finn, why do we have to wait 10 days for the reports? Why can't we get every single piece of information ahead of time before we even make an offer? MR. FINN: Staff endeavored to do so, and we were unsuccessful. COMMISSIONER LoCASTRO: I know. So isn't that a bad sign? COMMISSIONER McDANIEL: No. COMMISSIONER LoCASTRO: COMMISSIONER McDANIEL: No, that's what I'm asking. Can I ask [sic] you? COMMISSIONER LoCASTRO: Oh, absolutely. COMMISSIONER McDANIEL: Can I answer it? COMMISSIONER LoCASTRO: Yeah. COMMISSIONER McDANIEL: If they give it -- if the seller were to give it to us, it becomes public record. COMMISSIONER LoCASTRO: Oh, then everybody knows it, yeah. COMMISSIONER McDANIEL: And if we chose to not buy the piece of property, everybody would be able to have that. So I wouldn't want to do that if I was the seller at this stage. COMMISSIONER LoCASTRO: Yeah, but I'm not the seller. I'm the buyer, so I don't care what the seller wants. I'm about to give the seller $20 million. So if they want the 20 million in a big bag handed to them, I would think they had to take some risk and show all their cards. I understand what you're saying. And if I was the seller, I would probably do the same thing, but I'm -- we're not. We're the buyer. COMMISSIONER McDANIEL: And I was just sharing with you the rationale for that which -- COMMISSIONER LoCASTRO: COMMISSIONER McDANIEL: Page 116 Yeah. I mean, it's obvious. They promised to give it to May 14,2024 us within 10 days. That's not an unreasonable request. And if I were the seller, I wouldn't want that information becoming public for -- COMMISSIONER LoCASTRO: Does that make you suspicious in thinking there's something in that report that's more than what it is? COMMISSIONER McDANIEL: No, not at all. COMMISSIONER LoCASTRO: So then why would -- why would they be holding it back? So if everybody -- if the report shows that that's the most perfect piece of property, why would they care if every buyer out in the world got that information? It makes the land more buyable. I mean, I just get nervous that, you know, we're in another golf course thing where we buy something, and then we figure out it's all full of arsenic or the remediation is going to be millions and millions of dollars. And so we pat ourselves on the back on buying a piece of property that's worth 23 million, and we pay 20 million for it, and then we find out we need to spend another 10 million doing something. I mean, I know that's worst -case scenario, but, you know, the speakers and other people -- the comments have merit. I mean -- and this isn't a $40,000 piece of property. This is a big investment. If I was buying something for 20 million, I would want every report up front. And if the seller wasn't willing to give it to me, I'm not saying that would keep me from buying it, but it raises a little bit of a concern, you know. And we've done this before, as we've heard the speakers say, and even other folks. I'm not saying that's the case here. But this is a big ask, you know. I understand the environmental positives with this piece of property. It's not out in the middle of nowhere. This is, you know, Page 117 May 14,2024 a choice piece of property. But, you know, I just -- I just want to make sure that we've done all of our due diligence and that the things that we asked for that we didn't get, you know, do we have a concern? I realize if we get the report in 10 days and we don't like what we hear, then the deal's off. But, you know, I'd feel more comfortable if the deal was the seller is doing everything possible to have the buyer feel comfortable. I mean, they're also asking us to name this thing after their family, you know. So I mean, I see -- that there, I go, if you want your name on the sign, maybe give us the report, you know. I mean, I don't know if that's asking too much, but... MR. FINN: And if I may, sir, I will say that the golf course certainly has some bumps to it, if you will. That didn't have any indemnification when we acquired it. This, at a minimum, has some indemnification, and we're going into it with our eyes open relative to that, which is why we're proceeding the way we are. We're going to get their report. That report with inform our inspections, and then we will conduct our inspections. With that, Mr. Ashkar has a com m ait that she'd like to make. MS. ASHKAR: Good afternoon, Commssioners. Sally Ashkar, Assistant County Attorney. I just wanted to note an update that we made to the agreement about the 10 days. It's actually been reduced down to three days. I also had a conversation with the seller's attorney who already has those reports in his possession. So once the Board approves the agreement, we'll reach out, and they would provide us with those reports. And as Mr. Finn mentioned, there's an indemnification provision for anything that comes up in those reports but, additionally, during the inspection period, if there's anything that comes up in those Page 118 May 14,2024 reports that we don't like from an environmental standpoint, we can terminate without penalty. CHAIRMAN HALL: That answered one of my questions. So this -- this piece of property, in my opinion, is exactly what Conservation Collier is all about. This has real benefits to the county. It has real benefits to housing. It has -- there's a lot of benefits to it. One of the things on the three-day deal, it's super customary, you know. It's like going to a dance. You don't dance till the music starts playing, and when the contract's signed, that's the music. And in any deal, you want -- everybody wants to feel comfortable. The seller wants to feel comfortable; the buyer wants to feel comfortable. I don't -- I'm just going to say right now I'm not going to be a player on the $23 million. I will support this going at the appraised values of 20,770 [sic]. I think we've done a fairly good job of trying to negotiate some terms up front, but there's a difference between us making a decision and staff making a decision. I would like to see -- you know, we get -- we get the chance to extend for six months if we don't have all of the reports in that we want, and that's fine. But at -- the way it's written is that's upon mutual consent. And I would like, with our offer back, to put some kind of a phrase in there that says we can automatically extend if we don't have reports that we require at no fault of the purchaser. And I'm not saying an automatic six months' extension, but we could look at, you know, a shorter term than that to -- and even if we don't have those reports. Our full intention as the purchaser is to get every report, look at everything with super diligence. And I just want to -- I don't want to see a good deal go bad because of some -- you know, for whatever Page 119 May 14,2024 reason, we don't get the information back that we really require. I love the fact that we've learned from the golf course, so moving into this we're thinking a lot better. I know that there's some leases that are existing with this property. And if those leases -- if Conservation Collier -- if we wind up buying that with Conservation Collier, I want to make sure that those leases could be assignable to the county or, if we choose, we can keep that lease income to the Conservation Collier program as maintenance. But I want to make sure that we take a look at that. I'm good with the naming. They want to name it after their family, so I don't think that they're trying to dump a dog on the county. You know, I don't think that they're just trying to, you know, get rid of this property for any reason. I don't think that there's anybody else lined up to purchase this property. And as far as the environmental remediation, is there anything in our written agreement that requires the seller to remediate anything that's already known by them when they turn those reports over? MS. ASHKAR: Yes, Commissioner. The Phase 1 and Phase 2 reports has an indemnification provision that survives closing for six months. There's also an optional indemnification provision in there which says if the county were to procure a report and that showed that something came up, an environmental issue with the property, then the seller would have the option to indemnify, or the county could terminate without penalty. CHAIRMAN HALL: Okay. As far as Mr. Cornell's statement about if the -- if Conservation Collier winds up purchasing a large portion of this, and at some point, 10 years from now, yes, we will definitely pay Conservation Collier back for any of those -- any of that stuff that they own that we would want to develop on. Say 10 years from now, just hypothetically, we want to put Page 120 May 14,2024 parks in the ag fields, then, yes, we would -- we would -- my intention would be to pay -- to pay the program back any dollars that they spent for those properties. With that, Mr. -- Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I agree with Commissioner Hall on a couple things. But I want to -- before getting into that, I want to ask a couple questions. In terms of the six-month due diligence period, I think we're entering into this agreement knowing that six months is not enough time to complete the Phase 2 and then evaluate any further environmental studies that might be needed. Is that -- is that fairly accurate that we're pretty certain we're going to need more time? MR. FINN: We will -- COMMISSIONER SAUNDERS: And I know we can get more time, but I'm just asking the question. MR. FINN: As we work through it, yes, sir, that was -- that was one of staffs concerns is our ability to get it done, given that we operate on government time around here for the most part. So, yes, that is a little bit of a concern. COMMISSIONER SAUNDERS: So if we terminate within the six months for any reason or no reason, then the $70,000 is refunded? MR. FINN: We're not actually making that deposit, but rather that would be a penalty. MS. ASHKAR: Yes, Commissioner. The 70,000 is not an earnest money deposit. COMMISSIONER SAUNDERS: What's that? MS. ASHKAR: It's not an earnest money deposit. It's only a liquidated damages provision. So it's only if the county defaults on the contract, fails to close, a budget amendment happens, we can't fund it. The Commission decides to reconsider the purchase and decides to no longer purchase it, that is the time when the 70,000 Page 121 May 14,2024 kicks in. You have, during your six-month inspection period, ample opportunity to terminate for environmental issues that come up. So there is no issue with that. The 70,000 is not at play during that inspection period. COMMISSIONER SAUNDERS: Okay. So in terms of the purchase price, I agree with Commissioner Hall that we don't know where the 23 million came from other than out of thin air, and we have two appraisals that are both lower than that number. And so I think that the proper response would be to offer up the 20.77 million. And I don't have any other particular issues, but that's kind of where I would be. Now, it takes four votes to purchase this at 23 million, if I'm not mistaken. So you've heard from two of us on the $23 million purchase price. CHAIRMAN HALL: It's supermajority if we go to the lower amount. COMMISSIONER SAUNDERS: No, no, no. COMMISSIONER McDANIEL: Higher amount. COMMISSIONER LoCASTRO: If we go above. COMMISSIONER SAUNDERS: If we go above. CHAIRMAN HALL: Oh, more than. Okay. Gotcha. COMMISSIONER KOWAL: More than the 20.7. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I'm falling in line with Commissioner Hall and Commissioner Saunders here myself on the -- I'm comfortable with the 20.77 million as the offering price. You know, I had concerns, and I kind of brought it up, but we don't even have the answers, or maybe somebody has the answers that, you know, they're telling us this Part I study's complete. A Page 122 May 14,2024 partial Part 2 -- or Phase 2 study was conducted. Do we know who conducted these studies? Do we know, is it a reputable organization? Because I know when we go into these, we vet people, and then we -- you know, we decide who we're going to have. MR. FINN: Sir, I do not know. I am certain it's a reputable company. And as Ms. Ashkar said, we're going to have it in three days, not 10 days. Effectively, those reports sound like they're almost held in escrow by their attorney at this point, so... COMMISSIONER SAUNDERS: This is kind of a silly -- COMMISSIONER KOWAL: So I know -- and I'm sorry. And just coming back full circle, you know, it's just like if I was running a hospital or any kind of other organization, you know, people do naming rights on a lot of things. You know, the Bakers have their name on a lot of things at NCH, but that didn't come free. You know, the Bakers donated a lot of money towards that organization to get a name on a building or a park or something like that. So, you know, I get they're asking 23 million. We don't know why or what that number's coming from, but then at the same time they want naming rights on the Conservation Collier properties that are going to be purchased by the tax dollars. That -- you know, to me it's a push. 20.7- or 23-, you get the naming rights. There's your contribution. So, I mean, I don't -- you know, I don't know if the naming rights are free at this point. So I kind of like that tradeoff. That's where I'm at. CHAIRMAN HALL: I could be -- COMMISSIONER KOWAL: I can count. CHAIRMAN HALL: I could be wrong, but I'm thinking some of that 23 million, the higher price, is coming from the SSA credits that are available. They're kind of banking on those to be an Page 123 May 14,2024 addition, but if we develop that -- if we develop that, then those -- to my understanding, those credits are out; is that correct? COMMISSIONER McDANIEL: No. Call on me. CHAIRMAN HALL: Go ahead. COMMISSIONER McDANIEL: I'm going to help you -all here, if you call on me, sir. CHAIRMAN HALL: Okay. Commissioner McDaniel, would you please. COMMISSIONER McDANIEL: First of all, I like your idea about some kind of an automatic extension for 60, 90 days after the six-month due diligence as long as we haven't done anything squirrely to push things too awful far other than the glacial speed of government that we all operate at. Today there is a plus -or -minus in excess of a thousand credits that can be generated off of this site in the RLSA. Today -- there's only been one transaction, and nobody can find out what the actual dollar amount that went from a third -party to another -- all of the other transactions in the RLSA have been intercompany. Barron Collier did their own creation of credits. Collier Enterprises did their own creation of credits, so it was an intercompany transaction. There's only been one outside transaction where a property owner who had credits sold those credits to a developer for the development now known as Sky Sail in the RLSA, and no one -- they won't say what those -- what that price was, but it's fairly well to be assumed that it was somewhere between 900 and $1,000 per credit. So I have two questions for Ed. Number 1, if we were -- and I'm not sure that the Board's leaning in that direction right now. If we were to go to the $23 million asking price, which is what the sellers are asking for, is there sufficient funds in amongst the funds that you've been talking about to be able to make this acquisition to be able to get to that 2.2 million over the appraised value? Page 124 May 14,2024 MR. FINN: Yes. COMMISSIONER McDANIEL: Okay. So my statement is, to my colleagues here, if we do what I'm suggesting, and that is the GMP amendment, move the lands to the south that are in the RLSA out of the RLSA to be able to develop for government purposes, parks and so on and so forth, and include the highly environmentally sensitive areas to the north in the slough area in the RLSA, the credit generation in that area for Conservation Collier just doing its job, doing the reclamation, doing the cleanup of the slough, enhancing the water quality and water quantity for flood circumstances coming off the tribal lands, which lie over to the east, and then, ultimately, flow through the slough to Lake Trafford. The credit generation within that environmentally sensitive area is significantly higher. Do you want to say out loud? MR. BOSI: And I'm sorry. It was just a question just related to the Growth Management Plan and what is and who is not allowed to participate within the creation of credits. And our GMP specifically says that only privately owned lands are eligible to create credits for the SSA purposes. Just -- so that would have to be something that would have to be addressed as well. MR. KLATZKOW: You're amending it anyway. COMMISSIONER McDANIEL: Say. MR. KLATZKOW: You're amending it anyway. If that's what the Board wants, four votes, and that's what the Board gets. COMMISSIONER McDANIEL: Okay. Because that's what -- that's what my intent was in the beginning of the original amendments that we were making to Conservation Collier was to be able to allow these property right benefits to inure to the benefit of Collier County and replenish, both from a maintenance standpoint and replacement of funds, the creation of those -- the creation of those SSAs and the credit generation to Page 125 May 14,2024 benefit Conservation Collier, slash, the taxpayers. So plus or minus. MS. COOK: At least -- I would say around at least 5,000 depending on the type of restoration that you -- activities that you choose to take on. COMMISSIONER McDANIEL: On a conservative basis, that 5,000 credit generation has the potential of bringing back far in excess of the spread between what the county appraised the land for and what the sellers are asking for, and enhance a whole -- a myriad of environmental benefits for water quality, water quantity, flood control, so on and so forth, into Lake Trafford. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: Can you pull up the slide that shows all the different pots of money that are tapped into to get to the 20-plus million dollars? It was a couple slides before this. Yeah, I guess that's it. I mean, so it's not -- you know, Conservation Collier's a big chunk, but it also is coming from some other big pots as well. So I just wanted to sort of, you know, re -highlight that. If you need four votes to go above $20.77 million, you won't get mine. I actually would offer these folks 19 million, and then they get the naming rights. I mean, like, you know, Commissioner Kowal said, everywhere else in town, you know, if you get a park named after you or a hospital -- I'm not looking to split hairs with the folks, because I do see the value of this land, but, you know, maybe the concession on their part is, you know, they'll take $20.77 million and the naming rights. I mean, I don't think that's the longest pole in the tent but, you know, normally when you get something named, you know, in perpetuity -- only this one says for 20 years, but -- you know, we've said before that we want to stick to appraisal price or below. We bought four lots of land today. You know, we didn't spend $20 million, but I think, two of them, we paid 95 percent of the Page 126 May 14,2024 appraisal price. So, you know, I mean, we've got to use some due diligence here in spending taxpayers' dollars, and this money isn't just coming out of Conservation Collier. You know, you've got 1.8 million coming out of Parks and Rec, and, you know, we've got, you know, water parks and issues in our parks that need repairs that -- you know, we're sort of tight on money. So, you know, taking anything out of our parks budget is significant, but this is a -- a purchase that's valuable, so I get it. Is there anything that we can do -- and maybe I misunderstood you -- and it's for the attorney or our County Attorney -- to protect the 70,000? You know, I would hate to -- in negotiations, it sounds like that's sort of, like, time sensitive. So if we go beyond a certain -- if we bow out after a certain time period, that 70- is in jeopardy. We would lose it, correct? There is a -- it would cost us $70,000 at some point if a whole bunch of negative things happened, correct? MS. ASHKAR: It's not necessarily that the 70,000 would kick in after a period. It's that if the county doesn't terminate according to a provision, that authorizes that termination. COMMISSIONER LoCASTRO: Okay. MS. ASHKAR: So you've got ample opportunity to terminate in the agreement as it exists. COMMISSIONER LoCASTRO: Without losing it? MS. ASHTON: Without losing the 70K. Frankly, I think that the possibility of getting to that point is probably pretty slim just because you have ample opportunity to terminate for other reasons throughout the agreement. You can kind of relate it back to when you buy a house and you put an earnest deposit money down. This is just done a little bit differently because this is county government, so it's structured as liquidated damages Page 127 May 14,2024 instead. And it's consistent with what we've done for some of our other large Conservation Collier purchases as well, so it's not unusual. COMMISSIONER LoCASTRO: Okay. And that's what I wanted to hear, that there's -- we would see it coming, and we wouldn't just let the 70- walk out the -- out the door. And I think I'm in line with what the other commissioners have said but, you know, I didn't necessarily get to say it first. But I wouldn't vote for anything over 20.77. I mean, we've stuck to appraisal price or below, and I don't see any difference, you know, here. And if they decide, then, to back out of the deal, which is their -- you know, their right, I also agree I don't think there's 10 people lining up to buy this property. I think, you know, it's a fair deal for both sides. And, you know, hopefully they'll take the deal at the appraisal price that we're possibly about to offer. Okay. Thank you. MR. FINN: If I may, Mr. Chairman. COMMISSIONER LoCASTRO: Yeah. MR. FINN: Commissioner McDaniel had mentioned an additional 90-day extension on our 180 days. I would, if -- consistent with what Commissioner Saunders had asked me a moment ago, it may well be desirable to have that as a part of the contract with approval not unreasonably withheld by either party. CHAIRMAN HALL: I'm going to make that -- when we make that motion -- COMMISSIONER LoCASTRO: Yep. CHAIRMAN HALL: -- to send this forward, I want the 20,770 [sic] figure, I want the amendment to the six-month clause to where we can auto extend for 90 days. If we don't have any reports -- I'm putting this in Texican. If we don't have the reports on time, at no fault to the purchaser, at no fault to us; if it's our fault, if it's Page 128 May 14,2024 negligence on us, then there is no extension. And then I love the idea of moving the RLSA lands. And if we -- but I don't think that should be a part of this sales agreement. I think that should be something that we do once we get -- once we get -- once we close we can change the Growth Management Plan and make sure that government entities can participate. COMMISSIONER McDANIEL: And if I may, on that note, just -- I wanted it to be part of this discussion so we were giving specific instruction -- CHAIRMAN HALL: Sure. COMMISSIONER McDANIEL: -- to our staff as to how to proceed. We have to get to an offering price and a contractual arrangement first, but I wanted that to be part of this discussion. If we need to do that in a separate motion after we make the motion to buy or not, as the case may be, fine. I just -- I made the mistake of acquiring -- agreeing to acquire three other pieces of property in my tenure without giving specific instruction as to what staff needed to be doing with those assets, and years transpired before we started making motions on doing things that we needed to do. So that was -- that's -- I just -- that was the reason. COMMISSIONER LoCASTRO: Terri, are you correcting all these $20,700, comments? I figured you're putting in the right amount, right? Because we've all sort of said it. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS: I think we're getting to a consensus here, because I agree in terms of the purchase price. But I do want to ask one question that certainly will be, I think, relevant coming up. If we amend the Comprehensive Plan so that we can market the credits, I don't know how many credits the county has, but does that Page 129 May 14,2024 impact in a negative way the market for those credits that other property owners are relying on? Because when they evaluate the value of their property, they're looking at a set number of credits that are available. Now we're potentially opening up that number to -- and I don't know how much larger that number would be. CHAIRMAN HALL: We're dominating. COMMISSIONER SAUNDERS: Well, I mean, that's what we're doing, isn't it? When you say we can -- the government can't market, can't sell those credits, can't use those credits today. Tomorrow, we change the Growth Management Plan so that we can. I'm just curious -- and for a later date -- what does that do to the overall market for credits? Maybe it does nothing, but I think that that's just a factor. Because there are a lot of people out there that are relying on the value of their credits, and I don't know what kind of impact this would have on them. MR. KLATZKOW: Assuming this deal closes, which might be half a year from now, staff will probably be directed by the Board to come back with GMP amendments on this, and as part of his analysis, Mr. Bosi will talk about the issue of the credits. MR. BOSI: And just to add to that --Mike Bosi, Planning and Zoning director. This would be one we'd probably want to have the application submitted by a third party because we're going to be reviewing it as well for the Growth Management Plan amendment. But that would have to be part of the data and analysis in terms of what's the number of credits potentially that could be impacted by this? How does that -- how does that work within the overall balance of the credits available in terms of the overall impact to the program? So that will be part of what has to be part of the backup that would become -- as part of the GMP amendment necessary to effectuate that type of a change. Page 130 May 14,2024 MR. KLATZKOW: But these credits exist today. I mean, the current owner has these credits. We're just stepping into their shoes. So I don't think it creates any increase or decrease of the credits available in the market. But that's an issue that Mr. Bosi will look into. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: That's not -- the credits that exist in the RLSA don't exist until an SSA are, in fact, created. There is no SSA created. So the credits that are here are, in fact, available to the current property owner, but they're not in existence today. And, Commissioner Saunders, to your point with regard to the value of the credits, there are not a lot of people that are involved in the credit transfers in the RLSA. Even though it's a voluminous amount of acreage, in excess of 200,000 acres, there's not a lot of property owners. Third, I know for a fact that there -- if you'll recall, when we amended the RLSA several years ago, we capped both the credits and the acreage to be developed, if I'm not mistaken. MR. BOSI: Forty-five thousand acres, and 404,000 credits. COMMISSIONER McDANIEL: Total credits. And there are lands within that accomplishable 45,000 acres that can, in fact, be developed that are credit deficient; there's not sufficient credits within the system to develop those lands. So there's not going to be a large -- again, supply and demand. There's not going to be a large decrease in the value of those credits if we were to create the SSAs in those slough areas, because that's where the low -hanging fruit is. In the RLSA, you'll recall that based upon the Natural Resource Index, you've got certain amounts of credits when you created an SSA, and a portion of those credits come out of restoration, and those Page 131 May 14,2024 are the expensive credits that property owners are less likely to go create because there's a fairly large expense associated with it. We would be doing that credit creation just by Conservation Collier doing its job per the ordinance of Conservation Collier with the restoration efforts in those sloughs. So it's what Conservation Collier already does. And so receiving that benefit back to Conservation Collier, to me, far in excess offsets the $2 million spread between what our county appraisers have said the property is worth and what the seller is, in fact, asking. I -- and just to Commissioner LoCastro's point, not to belabor it, but there isn't -- the seller's not doing anything nefarious by not turning loose the environmental inspections. There is no transaction right now. There's no benefit for the seller to give that information up. The sheer fact that they've already alleged [sic] that we could have it within three days when we do have a deal offers me assurance that they're not withholding information. But it wouldn't be beneficial for the seller to give that information in advance while we're negotiating on an acquisition. COMMISSIONER LoCASTRO: Oh, I agree. But we're not the seller, we're the buyer, so I want it to be beneficial to us. COMMISSIONER McDANIEL: I don't -- I didn't say that you didn't. CHAIRMAN HALL: The seller wants it beneficial to them. COMMISSIONER McDANIEL: Well, and -- so having said that, as far as the leases go, the existing leases, Commissioner Hall, totally on board with that rationale. If I recall in this reading, there's close to 500,000 -- between 3- and 500,000 a year in revenue that's already being generated off these agricultural leases that are there, and I certainly want those to remain intact as we're going forward, even after we acquire the property. Because even after its Page 132 May 14,2024 acquisition, if, in fact, we do acquire it, it's going to -- we're going to need money to offset our expenses from the GMP amendment, credit generation and so on. COMMISSIONER LoCASTRO: Are we going to change the 10 days to the three? CHAIRMAN HALL: It's already changed. COMMISSIONER McDANIEL: No, we don't have to. Leave it at 10, and if they'll give it to us in three, it's great. CHAIRMAN HALL: The seller's attorney's already agreed to three days. COMMISSIONER McDANIEL: Right. CHAIRMAN HALL: So I'm going to make a motion that we send this sales and purchase agreement forward 20,770,000 with a change in the auto -extend language that if we don't get -- if we don't get our reports that we need within that six months at no fault to us, at no fault to the purchaser, that we extend automatically for 90 more days, and that any leases to the property are assignable, and that naming rights -- we're agreeable to the naming rights. Now, that's my motion for the approval of the sales and purchase agreement. COMMISSIONER SAUNDERS: I'll second that, Mr. Chairman. CHAIRMAN HALL: Okay. So it's -- outside of that, we have the benefit of changing those RLSA rules. No other private purchasers are. So I don't think that we should count that as value to the seller just -- I mean, that would be like I have the knowledge to rehab a house, but somebody else that purchases a house may not have that knowledge to know how to do it. But when I do it, I create more value to it, but that doesn't have to do anything with me purchasing that house. That has to do with what I bring value to. So that's the only reason why I didn't include that. COMMISSIONER LoCASTRO: Do we want to -- I mean, I Page 133 May 14,2024 know this is a small point, but if they've agreed to give us the reports in three days, do we want to change the 10 days to three or just take it on good faith that we're going to get it in three? CHAIRMAN HALL: Well, we can make the amendment to -- COMMISSIONER LoCASTRO: Well, I'd like to see it in writing to say three days. It gives us more time. CHAIRMAN HALL: Yeah. MR. FINN: We will endeavor to do that. So I just brought up a slide here, and I just want to be clear what the agreement says. The agreement says that -- they've signed the agreement with a condition providing the right to rescind the agreement if the Board approves a purchase price. What that means is, your motion, sir, is fine. We just have to go back to the seller and get them to agree to this -- CHAIRMAN HALL: Correct. MR. FINN: -- counter agree to the same terms. CHAIRMAN HALL: Yeah. And you can tell them we're unanimous on it, I hope. I've got a motion and a second. We're going to vote in a second. COMMISSIONER LoCASTRO: I just would clarify that whoever's making that offer back to the seller, it's not that we're sitting here quibbling over nickels and dimes. First of all, it's not. It's millions of dollars. But we also have taken a position that we pay the -- what's the word I'm looking for? -- COMMISSIONER McDANIEL: Appraisal. COMMISSIONER LoCASTRO: -- the appraisal price and not a penny more, and, in fact, we've been motivated to pay less than appraisal prices for properties. So it's not a matter of we're trying to stretch them a bit. But I don't see anything special in this property to have an extra Page 134 May 14,2024 $3 million, you know, go to them just because they've kind of pulled it out of the air and asked for it. And I'm sure they did their due diligence. You know, they got an appraiser that was a little higher than ours, but, you know, we've promised the taxpayers here that we'll pay appraisal price, and then recently, you know, we've decided that we actually want our staff to be motivated to offer less than the appraisal, especially when it's a benefit to the seller. So it's not a matter of, you know, we said no to their 23 million, but our promise up here to the taxpayers has been appraisal price or less. We're not going to overpay for properties, so... CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm going vote to support the motion, but you're making an offer to fail. They have already said out loud that they'll accept 23 million. Anything less, they have the right to rescind. You can offer -- we can offer whatever we want. And I understand everybody's rationale, but I do want you to remember that this is a slated location for a direly needed park system in Immokalee, direly needed field. That hasn't been reiterated by our staff with regard to the terrible deficit that we're at with field space in Immokalee, with the road right-of-way for the extension of Little League Road, with a housing component that is direly needed in our community, with the credit generation that can be, in fact, accomplished and pay back three times the amount of money over what our appraisal says, and last but not least, while my appraiser -- my favorite appraiser's sitting over there, when the government appraises a piece of property, it's not for retail value. It's for the value from a government perspective. And it doesn't bring into consideration all of the additional values from an environmental concern, from a water quality, from a water quantity, flood control, fire protection. I didn't even -- you know, Chief Choate's sitting back there. I didn't even talk about the Page 135 May 14,2024 additional fire station that can go on this piece of property. So though I don't disagree with what's been said, I think we're making a motion for failure. I'll support it if you want to go down that road, but I think we're going to get to talk about this again if we decide to. COMMISSIONER KOWAL: Is there anyone here from the seller? time. COMMISSIONER McDANIEL: I hear from the sellers all the COMMISSIONER KOWAL: No, I mean anybody in the room. MR. ROLLINS: Yeah. COMMISSIONER KOWAL: There is -- MR. ROLLINS: I am. COMMISSIONER KOWAL: -- a representative. COMMISSIONER McDANIEL: Yeah, their Realtor is. COMMISSIONER KOWAL: Oh, okay. I just was curious if there was somebody here. MR. ROLLINS: I'm here. I made it clear that I'm here for any questions that the Board may have on behalf of the seller. COMMISSIONER McDANIEL: He's saying out loud, for the microphone, that he'd be willing to answer any questions that we may have of the seller. COMMISSIONER KOWAL: Okay. CHAIRMAN HALL: Do you think that any part of our discussion has been unfair? MR. MILLER: He's going to need to come to the mic. CHAIRMAN HALL: Yeah. He can come to the podium. MR. FINN: Why don't we bring Mr. Rollins forward, please. MR. ROLLINS: Good afternoon, Commissioners. And for the record, my name is William Rollins. I'm the senior broker with LSI Companies. Page 136 May 14,2024 Just to share some information -- I understand where the county is and what you can and can't do with sending and receiving; however, this is private land. You can take land and take the sending units and move it to receiving land and create roughly 4,000 units. I think even in one of the documents you -all had about 3,000 in there that you would be able to create. So that is value. The reason we came up with the 23 million is because we took into consideration those sending and receiving in what you could do with the property as a private individual. Now, I understand where the county sits, but if -- I could take that piece of property -- or the owners could take that piece of property and entitle it, probably two- to three-year period, it will probably be worth 40-, $50 million as a huge mixed -use community. And there again, also offering up lots of opportunities for the county. CHAIRMAN HALL: Yeah. My question was, do you think any part of our discussion was unreasonable or unfair? MR. ROLLINS: No, sir, I do not. CHAIRMAN HALL: Okay. MR. ROLLINS: But I wanted to tell you why -- how we came to that value. CHAIRMAN HALL: No, I gotcha. I appreciate you explaining that. MR. ROLLINS: Okay. COMMISSIONER McDANIEL: Thank you, Billy. CHAIRMAN HALL: Thank you. MR. ROLLINS: And as for the person that's doing the consulting work on the Phase 1, that is Stantec. COMMISSIONER KOWAL: Thank you. CHAIRMAN HALL: Good. That's a good company. Commissioner LoCastro. COMMISSIONER LoCASTRO: No. I was just going to say Page 137 May 14,2024 that, you know, we've talked over this past year about running the county more like a business, so I don't think this offer is a chance to fail. I think we're making a business proposal. We're making an offer to the seller. And if they don't like it, they can walk and make $50 million in four years, which I don't think is necessarily the case, or they can come back to us with a counter. But, you know, we've said what we will stick to, appraisal price, and, you know, my vote is only going to be for the appraisal price, and I don't think that means that the owners, you know, turn around and run over $3 million. They can come back and counter, or they can hear what we're saying. We're trying to use our due diligence. This money isn't just coming from Conservation Collier. It's coming out of several different pots of money, and I think all's we're doing here is a business transaction and we're making our first offer on the property, and maybe our last offer. That's up to the buyers -- or the sellers, rather, to determine. But I look at this as a straight business deal. And, yeah, you can look at the credits of having value and things down the road. I think we've decided that when we want to turn into real estate agents up here and buy property, we're not going to pay more than what the appraisal price is that comes to us, at least that's my standpoint. Unless there's some other intangibles -- and there's always intangibles, but I think they're -- it's a bit more of a reach. So I feel comfortable with my vote of $20,770,000 being our offer back to the seller. It's business. CHAIRMAN HALL: So we have a motion and a second to send this forward as amended. Do we need to rehash that? COMMISSIONER McDANIEL: No. CHAIRMAN HALL: Okay. All in favor, say aye. COMMISSIONER McDANIEL: Aye. Page 138 May 14,2024 COMMISSIONER LoCASTRO: Aye. CHAIRMAN HALL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN HALL: All opposed? (No response.) CHAIRMAN HALL: So moved. MR. FINN: Thank you, gentlemen. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item # 15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: And we do have one today. Garrett Francis Xavier Beyrent. COMMISSIONER LoCASTRO: His name is getting longer every time. MR. MILLER: I told him I was going to use all four names one day. MR. BEYRENT: I need to be sworn in. 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? Page 139 May 14,2024 MR. BEYRENT: Yes, I do. Thank you. COMMISSIONER LoCASTRO: Did that briefcase go through security? COMMISSIONER McDANIEL: Yes, it did, and I've seen what's in it. MR. BEYRENT: For the record, Garrett FX Beyrent. I'm going to give you a piece of my property. This is -- my building is falling down. I did not build this building. It was built in 1980, and the flood, unfortunately, pretty much, in my opinion, has made the building very dangerous to live in. And I happen to be one of the idiots that's living in the building. What happened was, the flood came in in the last hurricane about four feet into the bottom of our building, and it took out all the cars. I lost two cars. FEMA never showed up. I did all the paperwork. FEMA never showed up. Every time I've ever had a hurricane, FEMA never shows up. This is a perfect example -- this building now, the flood surge hit the building behind us, came back and undermined what was, I believe, the foundation, and now the building has a crack 200 feet long starting at one end of the building to the end -- other end. The building is three stories high. The first is underbuilding parking. They eliminated half the parking spaces when they sold their parking lot to the building next door which was building another condo that was higher up. And that's really where the problem was is the surge came in, hit the building behind us, came back and undermined our building. Our building problem has been going on for quite a few years. Unfortunately, since the hurricane until last month, for the past how many, two years or more, we have had no operational elevator, in which case is it's tough for elderly people. Most of the building is occupied by people that don't "habla Page 140 May 14,2024 ingles," okay. This is -- I've watched people being smuggled in and out of this building every month for the last few years I've lived there. The problem is is that it's one of these buildings that it's basically -- it was never designed to be a condominium. It was built as a hotel, okay. That's it. Simple as I can explain it. It's like, when I leave it, I always play my favorite Elvis Presley song "In the Ghetto" because that's basically what it is. In any case, this is part of the building (indicating) which got through -- everybody checks everything I bring in because of my famous reputation. This fell off the ceiling above my car, okay. It weighs -- this is -- when you take it out of the wrapper, you'll see they -- after they started patching up the building as it's falling down and they bolted stuff into the walls, the building -- they started drilling holes to figure out how to get the water from the inside of this hollow core. The building was built on site and assembled. And, unfortunately, what's scaring me is 1980 is the same year those buildings fell down in Miami. So I'm leaving this as evidence with the County Manager because this is -- this came right down, dropped on my old junker car. All I have is junker cars anyway. But it fell on my car. And I said, "You know, there's something wrong with this building." But the big crack bothered me. When it cracks from one side of the building where you're abutting the next building over, and 200 feet long, somebody needs to do something. Don't give me FEMA, please. I did the FEMA thing with Mike Bosi. FEMA never called me back. Thank you very much. CHAIRMAN HALL: Thank you, Mr. Beyrent. MR. MILLER: And that is all -- the only speaker we have for Page 141 May 14,2024 15A. COMMISSIONER SAUNDERS: I'm curious where Ms. Patterson is going to store that public record she just accepted. COMMISSIONER KOWAL: Yeah, Exhibit A. CHAIRMAN HALL: File 13. You can give it to Terri. MS. PATTERSON: Keep it in a secret location. MR. MILLER: I'm thinking the museum. Item # 15 B STAFF PROJECT UPDATES MS. PATTERSON: Okay. That brings us to Item 15B. We have no staff project updates today. Item # 15 C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: So, Item 15C is staff and commission general communications. We haven't had a CRA joint workshop with the Board since 2022, so at your pleasure, we will work with the advisory boards as well as your staff, your aides to come up with some dates that would be a good summer meeting to have and look at a workshop with the CRAs. COMMISSIONER McDANIEL: Can I -- do you want to make a -- or hear an idea that I had? Because we're working year-round, why don't we just do it on one of our regular board meetings since we're already here, and time it for in the morning or something along those lines so that we're not creating another meeting? Page 142 May 14,2024 MS. PATTERSON: Perfect Thank you so much. If that works for everybody. Also, because those meetings won't have any big land -use items, so we'll have time. Perfect. So we'll look at those meetings and pick out one that works for the advisory committees. Secondly, just a reminder from the last meeting where we had the valid election resolution, any input that you're getting from the outside folks on that, if you could ship that over to us, because we have a tasker to bring it back once we've gathered that -- any of that information. CHAIRMAN HALL: MS. PATTERSON: County Attorney. MR. KLATZKOW: MS. PATTERSON: I'll bring it. Okay. That's all I have. Nothing, thank you. Commissioners. CHAIRMAN HALL: Commissioner Kowal. COMMISSIONER KOWAL: I'm good. CHAIRMAN HALL: Commissioner Saunders. COMMISSIONER SAUNDERS : I don't have anything to add as well, Mr. Chairman. Thank you. CHAIRMAN HALL: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm good, too. CHAIRMAN HALL: Commissioner LoCastro. COMMISSIONER LoCASTRO: So we had a major water main break near Lely Resort recently, and one of the after -item -- or after -action items between myself and the staff were, "Why didn't we use Alert Collier faster or at all?" and we didn't. I was going to ask Mr. Rodriguez to come forward if he wants -- if you can, because he had mentioned to me that actually there's something in the works that actually is going to be better than Alert Collier. And so I wanted us to all hear what that is and then Page 143 May 14,2024 also say while waiting for maybe something that's better, faster, cheaper, smarter just to remind us all -- and it's not the commissioners directing that Alert Collier to be used. Usually we're, like, IOth in line to hear that there's a water main break. So we need to have, you know, our senior staff on autopilot, that the second something's affecting a neighborhood, we're not hearing about it through Facebook and Nextdoor. But having said that, can you educate us on what's being worked on right now that -- is that true that it's going to be -- Alert Collier will eventually go away and it will be a different -- a different -- you know, program or -- MR. RODRIGUEZ: Absolutely. For the record, Dan Rodriguez, your Deputy County Manager. Actually, Commissioner, Alert Collier won't be going away, but we're actually going into a new program that we're bringing on board. It's not a new operating system but a component within it that we use in our Public Utilities billing. And what it's going to allow us to do, similar to FPL, you'll be able to contact your customers directly through their cell phone with a text message saying, "You're being directly impacted by a water outage." COMMISSIONER LoCASTRO: Right. MR. ROLLINS: So it's realtime, and it will give immediate updates as soon as Public Utilities has the information needed to let the folks know. Alert Collier is kind of more broad. It works off of zoned areas. COMMISSIONER LoCASTRO: Right. MR. RODRIGUEZ: And this is very specific to the user that's immediately impacted. COMMISSIONER LoCASTRO: Kind of like what you get from Xfinity. "Hey, we're Xfinity. We know that you have an Page 144 May 14,2024 outage in your area," and then -- I mean, I get those all the time on Marco. But, you know, I'll just reiterate again, make sure that our senior staff know it's not us giving the A -okay to use Alert Collier. Usually by the time it gets to us, if Alert Collier hasn't been used, it's already -- you know, it's after the fact. So, you know, when something happens -- because correct me if I'm wrong, Dan, Alert Collier has the ability to target very specific ZIP codes, right? MR. ROLLINS: It does. COMMISSIONER LoCASTRO: So it's not like, if we have a water main break at Lely, people are getting bugged in Immokalee saying, "Guess what? There's a water main break at Lely." We have the ability to target zones. What you're describing would be even better because it targets actual people. MR. RODRIGUEZ: That's correct. It will target the actual resident and the number that they've provided to get those immediate notifications. But I will tell you it will offer better communication and another layer for John Mullins and his group, who do a very good job of getting information out when they get the correct information and when we have information. And, again, I have to remind everybody, Public Utilities does a great job in the field responding. Some of these systems are very large, and so when you get an outage, that pressure's decreasing throughout the different lines through the county, and they have to isolate where it's at exactly. So when information doesn't come as quick as we like, 20 minutes, 30 minutes, there's a little bit of lull in time. So Facebook's realtime. But with this new system -- it's the Harris Corporation. We also use it at Growth Management. They've served the community Page 145 May 14,2024 very well the last, at least, 15, 20 years. And it's just one more module that's going to raise that level of service for the county. COMMISSIONER LoCASTRO: But even when we don't have the level of specificity as to, "Hey, there's been a water main break," and we know exactly the effect, even just an initial blast saying we're aware there's a water main break, you know, and targeting specific people. You know, when Facebook and Nextdoor are way ahead of us, the signal we're sending to citizens -- and it may not be correct, but the signal they're hearing is that we're behind the power curve. They're doing out homework for us. And I got an earful of it from, you know, folks that were affected feeling like they were spreading the word faster than us, where, you know, if even though -- if we don't know the extent of the break, just notifying people that there's been a break maybe we're going to have an update through Alert Collier, and then at least we're sort of ahead of it a bit. MR. RODRIGUEZ: Understood. COMMISSIONER LoCASTRO: But that's all I want to say. Okay. Thank you. That's all I have. COMMISSIONER McDANIEL: Dr. George is right there. Do you want to hear from him? COMMISSIONER LoCASTRO: No. He and I spoke already, and so -- great job fixing the break, by the way. It was actually pretty fast. COMMISSIONER McDANIEL: I do have one thing for him if you're -- COMMISSIONER LoCASTRO: Yeah. No. Go ahead, sir. COMMISSIONER McDANIEL: I just -- I would like -- because, you know, Commissioner LoCastro brought it up. I would like for -- irrespective of where there is a breakdown in the system, I would like for this board to be some of the first notified, Page 146 May 14,2024 of anybody, because nine times out of 10 -- I mean, you and I talk all the time. Even though you're in District 1, I'm in 5, I'm expected to know what's going on in District 1 as well. So I would like for -- to be receiving those notifications immediately. DR. YILMAZ: Absolutely and will be done. And I want to thank our governing board and Board of County Commissioners. You have approved a system today under consent agenda. We're looking at 120 days execution. It's going to be as good as FPL; in some ways better. So I'd like to thank you. In the meantime, we will use all the tools we have available, including Alert County [sic], 311, among others. COMMISSIONER LoCASTRO: Okay, thank you. DR. YILMAZ: Thank you. COMMISSIONER McDANIEL: Thank you. CHAIRMAN HALL: Thank you, Dr. Yilmaz. With that, I have no further comments other than I enjoy working with you -all. And with that we're adjourned. ""Commissioner * *Commissioner LoCastro moved, seconded by Commissioner Kowal and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item # 16A 1 EXECUTE THE FIRST AMENDMENT TO AN AGREEMENT FOR THE COLLIER COUNTY HEARING EXAMINER Page 147 May 14,2024 BETWEEN ANDREW W.J. DICKMAN, A.I.C.P., AND COLLIER COUNTY TO PROVIDE HEARING EXAMINER SERVICES - TWO ADDITIONAL TWO-YEAR EXTENSIONS TO JULY 131 2026, AND JULY 13, 2028 Item # 16A2 DIRECT STAFF TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE 2018-33, AS AMENDED, RELATED TO THE AUTHORITY OF THE DIRECTOR OF DOMESTIC ANIMAL SERVICES, AND BRING BACK THE ORDINANCE AT AN ADVERTISED PUBLIC HEARING — ALLOWS THE COUNTY MANAGER OR DESIGNEE AUTHORITY AND PROPER OVERSIGHT OF THE DOMESTIC ANIMAL SERVICES DIVISION Item # 16A3 A STAFF INTERPRETATION THAT THE LIMITED USE OF PUBLIC ROADS ADJACENT TO THE TOWN OF AVE MARIA SRA (TOWN) MAY BE USED FOR THE INTERMITTENT HAULING OF FILL MATERIAL SO LONG AS THE MATERIAL IS ONLY BEING RELOCATED WITHIN THE TOWN AND THAT ANY DAMAGE TO THE PUBLIC ROAD IS THE SOLE RESPONSIBILITY OF THE PERMIT HOLDER TO REPAIR Item # 16A4 FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY FACILITIES FOR BIG CYPRESS MARKET PLACEPARCEL B, PL20240001064 - THE SUBJECT POTABLE WATER UTILITY May 14,2024 FACILITIES ARE OWNED AND MAINTAINED BY THE DEVELOPER Item # 16A5 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES FOR 7-ELEVEN AT RANDALL AT ORANGETREE, PL20240001627 - STAFF CONDUCTED A FINAL INSPECTION ON MARCH 27, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A6 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENT FOR ESPLANADE BY THE ISLANDS — PHASE 3A, PL20230013762 — STAFF CONDUCTED A FINAL INSPECTION ON FEBRUARY 15,2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES AND APPURTENANT UTILITY EASEMENTS FOR HAMMOCK PARK — PHASE 1, PL20230010600 — STAFF Page 149 May 14,2024 CONDUCTED A FINAL INSPECTION ON NOVEMBER 16, 2023, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item #16A8 — Continued to May 28, 2024 (Per Agenda Change Sheet) Item # 16A9 RESOLUTION 2024-73: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS AND ACCEPTANCE OF THE PLAT DEDICATIONS FOR THE FINAL PLAT OF AVALON PARK, APPLICATION NUMBER PL20160001983, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITIES IN THE AMOUNT OF $55,205.39 — STAFF CONDUCTED A FINAL INSPECTION ON MARCH 15, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A 10 RESOLUTION 2024-74: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF DEL WEBB NAPLES PARCEL 102, PHASE 1, APPLICATION NUMBER PL20130001940, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $391802.07 - STAFF CONDUCTED A FINAL INSPECTION ON APRIL 3, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Page 150 May 14,2024 Item # 16A 11 RESOLUTION 2024-75: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF DEL WEBB NAPLES PARCEL 102, PHASE 2, APPLICATION NUMBER PL20180002847, AN AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $314,998.81 - STAFF CONDUCTED A FINAL INSPECTION ON MARCH 21, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A 12 RESOLUTION 2024- 76: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ELLINGTON PARK, APPLICATION NUMBER PL20180002756, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $1301865.32 — STAFF CONDUCTED A FINAL INSPECTION ON MARCH 15, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A 13 RESOLUTION 2024-77: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF AVE MARIA UNIT 7, LIBERTY PARK (A/K/A AVALON PARK), Page 151 May 14,2024 APPLICATION NUMBER AR-8940 AND PL20110001801, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITIES IN THE AMOUNT OF $1591256.34 - STAFF CONDUCTED A FINAL INSPECTION ON MARCH 15, 2024, FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item # 16A 14 RECORDING THE FINAL PLAT OF SANDY LANE, APPLICATION NUMBER PL20220006390, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $819791350.35 - LOCATED IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item # 16A 15 RESOLUTION 2024-78: A RESOLUTION ACKNOWLEDGING THE TERMINATION OF RESOLUTION 2008-330, AS AMENDED, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC SSA 16" BASED UPON THE TERMINATION DATE OF NOVEMBER 18, 2021, IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16 AND THE ESCROW AGREEMENT FOR CDC SSA 16 Item # 16B 1 RESOLUTION 2024-79: 1) A RESOLUTION AUTHORIZING Page 152 May 14,2024 THE PURCHASE OF 5.46 ACRES OF UNIMPROVED PROPERTY (PARCEL 112POND) REQUIRED FOR INTERSECTION IMPROVEMENTS AT RANDALL BOULEVARDAMMOKALEE ROAD (PROJECT NO. 60147); 2) AUTHORIZE STAFF TO MAKE A PURCHASE OFFER BASED ON APPRAISED VALUE IN ACCORDANCE WITH SECTION 73.015, FLORIDA STATUTES; AND 3) APPROVE A PURCHASE AGREEMENT AT APPRAISED VALUE IF THE PURCHASE OFFER IS ACCEPTED BY THE PROPERTY OWNER. ESTIMATED FISCAL IMPACT: $634,000 Item # 16B2 A WORK ORDER WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR 2024-2025 PARK SHORE RENOURISHMENT PROJECT UNDER CONTRACT NO. 18- 7432-CZ FOR TIME AND MATERIAL NOT TO EXCEED $102,117.70, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (FUND 1105, PROJECT NO. 90067) — THIS CONTRACT EXPIRES ON MARCH 9, 2025 Item # 16B 3 THE CHAIRMAN TO EXECUTE THE FIRST AMENDMENT TO THE TOURIST DEVELOPMENT COUNCIL GRANT AGREEMENT WITH THE CITY OF NAPLES BASED ON UPDATED REQUESTS FROM THE CITY FOR FY 2023-2024 IN THE AMOUNT OF $2,50000 FOR A TOTAL OF$2,900,000, APPROVE THE BUDGET AMENDMENT, AND MAKE A Page 153 May 14,2024 FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item # 16B4 RESOLUTION 2024-80: A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE PUBLIC TRANSIT GRANT AGREEMENTS (PTGA) SECTION 5310 (FPN 448810-1-94-23), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT FEDERAL TRANSIT ADMINISTRATION GRANT FUNDING IN THE TOTAL AMOUNT OF $7211687 FOR THE PURCHASE OF FOUR PARATRANSIT CUTAWAY VEHICLES, FOUR RADIOS, AND FOUR TABLETS Item # 16B 5 RESOLUTION 2024-81: THE CHAIRMAN TO SIGN A LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) REIMBURSING THE COUNTY UP TO $624,388 TO CONSTRUCT SIDEWALKS ON SOUTH 9TH ST. (DOAK AVE. TO EUSTIS AVE.), NORTH 9TH ST. (IMMOKALEE DR. TO LAKE TRAFFORD RD.), AND CARSON RD. (EDEN AVE. TO GINGER LN.), (0.501 MILES); EXECUTE A RESOLUTION MEMORIALIZING THE BOARD'S ACTION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, FPN:448125-1-58- 01. (FUND 1841, PROJECT NO. 3 3 902) Item # 16B 6 Page 154 May 14,2024 FOURTH AMENDMENT TO AGREEMENT NO. 18-7266 FOR COLLIER AREA TRANSIT MOBILE TICKETING, TRIP PLANNING APPLICATION, AND ON- BOARD WI-FI WITH MASABI LLC, TO EXTEND WARRANTY, AND UPGRADE OF ADDITIONAL FEATURES FOR COLLIER AREA TRANSIT' S (CAT) EXISTING MOBILE TICKETING WITH MASABI LLC, IN THE AMOUNT OF $661,775.15 - THE AGREEMENT INCLUDED A FIVE-YEAR WARRANTY, WHICH IS SET TO EXPIRE ON MAY 13, 2024 Item #16B7 COUNTY ATTORNEY AND COUNTY MANAGER OR DESIGNEE TO ADVERTISE AND BRING BACK FOR ADOPTION THE CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE THAT REPEALS, CONSOLIDATES, AND SUPERSEDES EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON COLLIER COUNTY WATERWAYS AND BEACHES Item # 16B 8 CHANGE ORDER NO. 6 UNDER PROFESSIONAL SERVICE AGREEMENT NO. 06-4000 WITH JACOBS ENGINEERING, INC. F/D/B/A CH2M HILL, INC., ADDING 330 DAYS AND $23400 FOR THE POST DESIGN SERVICES TASK FOR THE "VANDERBILT BEACH ROAD EXTENSION FROM COLLIER BOULEVARD TO 16TH STREET N.E.," AND AUTHORIZE THE CHAIRMAN TO SIGN THE CHANGE ORDER. (PROJECT NO. 60168) Page 155 May 14,2024 Item # 16C 1 THE BOARD AWARD INVITATION TO BID ("ITB") NO. 24-8204, "NORTH COUNTY REGIONAL WATER TREATMENT PLANT (NCRWTP) FEED PUMP REHABILITATION AND MOTOR REPLACEMENT," TO LAWRENCE LEE CONSTRUCTION SERVICES, INC., IN THE AMOUNT OF $1,603,000, APPROVE AN OWNER'S ALLOWANCE OF $3010001 AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT, AND APPROVE THE NECESSARY BUDGET AMENDMENT. (PROJECT NO. 70277) Item # 16C2 AWARD INVITATION TO BID ("ITB") NO. 23-8181, "RAW WATER BOOSTER PUMP STATION GENERATOR REPLACEMENT," TO EAU GALLIE ELECTRIC, INC., IN THE AMOUNT OF $679,000.00, TOGETHER WITH A $5000 ALLOWANCE TO COVER UNFORESEEN WORK, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. (PROJECT NO. 70069) Item #16C3 THE CHAIRMAN TO SIGN AMENDMENT NO. 1 TO AGREEMENT NO. 21-001-NS WITH N. HARRIS COMPUTER CORPORATION TO ADD THE DATAVOICE OUTAGE MANAGEMENT SYSTEM MODULE TO THE CURRENT IMPRESA SOFTWARE APPLICATION FOR A TOTAL NON- RECURRING IMPLEMENTATION COST OF $148,418.001 ADDITIONAL RECURRING ANNUAL MAINTENANCE COSTS Page 156 May 14,2024 OF $58,884.65, AND ESTIMATED ANNUAL TRANSACTIONAL COSTS OF $30,000; AND (2) APPROVE THE UPDATED EXEMPTION FROM COMPETITIVE PROCESS FORM FOR ALL THE COSTS ASSOCIATED WITH THE AGREEMENT INCLUDING THE AMENDMENT 1 IN AN AMOUNT NOT TO EXCEED $1,250,000 PER FISCAL YEAR Item # 16C4 AWARD 23-8183 "UNDERGROUND UTILITY PARTS SUPPLIER" TO FERGUSON ENTERPRISES, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT Item # 16D 1 THE DOMESTIC ANIMAL SERVICES DIVISION TO CONTINUE PARTICIPATING IN THE VETCOVE CASH -BACK REBATE PROGRAM Item # 16D2 AN UPDATED STANDARD COLLIER COUNTY PARKS AND RECREATION YOUTH SPORTS FACILITY USE AGREEMENT TO BE USED AS A STANDARD AGREEMENT AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO ENTER INTO THESE AGREEMENTS Item # 16D3 AFTER -THE -FACT FIRST AMENDMENTWITH THE AREA Page 157 May 14,2024 AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., COMMUNITY CARE FOR THE ELDERLY GRANT PROGRAM FOR COLLIER COUNTY' S SERVICES FOR SENIORS PROGRAM THAT REDUCES THE AWARD AMOUNT BY WOO TO $1,071,000 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. (HUMAN SERVICES GRANT FUND 1837) - THE GRANT ENABLES CLIENTS TO REMAIN IN THEIR HOMES AND LIVE WITH INDEPENDENCE AND DIGNITY Item # 16E 1 RATIFY PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR, PURSUANT TO RESOLUTION NO. 04- 15 FOR THE SECOND QUARTER OF FY 24 Item # 16E2 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES, BENEFITS, AND OBLIGATIONS TO CATALIS PUBLIC WORKS & CITIZEN ENGAGEMENT, LLC, CONCERNING COLLIER COUNTY AGREEMENT NO. 17-71279 "3-1-1 /CUSTOMER RELATIONSHIP MANAGEMENT (CRM) INITIATIVE" AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED ASSUMPTION AGREEMENT Item # 16E3 AFTER -THE -FACT APPROVAL TO SUBMIT A LOCAL Page 158 May 14,2024 GOVERNMENT CYBERSECURITY GRANT PROGRAM APPLICATION THROUGH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES FOR CYBER SECURITY APPLICATIONS AND UPGRADES AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO EXECUTE ANY REQUIRED DOCUMENTS TO ACCEPT THE AWARD IN AN ESTIMATED AMOUNT OF $300,000 Item # 16E4 AN ASSUMPTION AGREEMENT ASSIGNING ALL RIGHTS, DUTIES, BENEFITS, AND OBLIGATIONS TO LJA ENGINEERING, INC., CONCERNING AGREEMENT NOS. 14- 6190, 18-7432-CE, 18-7432-LA, 18-7432-RB, 18-7432-SM, 20- 76789 AND 20-7680, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED ASSUMPTION AGREEMENT V.- Item # 16F 1- Moved to Item # 11 E Item # 16F2 DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING A PROPOSED ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 81-751 AS AMENDED, WHICH ESTABLISHES UNIFORM STANDARDS FOR CERTIFICATION OF AMBULANCE OR ADVANCED LIFE SUPPORT SERVICES Item # 16F3 CHANGE ORDER NO. 2, ADDING 21 DAYS AND UTILIZING Page 159 May 14,2024 $14,780 OF THE OWNER'S ALLOWANCE FOR PURCHASE ORDER NO. 4500229425 UNDER AGREEMENT NO. 23-8147 WITH QUALITY ENTERPRISES USA, INC., FOR THE "BIG CORKSCREW ISLAND REGIONAL PARK PHASE 2A ACCESS ROAD," AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 80039) - EXTENDING THE COMPLETION DATE FROM AUGUST 19, 2024, TO SEPTEMBER 9, 2024 Item # 16F4 AMENDMENT NO. 19 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION PROGRAM, EXTENDING THE DRIVER'S EDUCATION FUNDING COLLECTED UNDER THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE FOR AN ADDITIONAL YEAR Item #16F5 RESOLUTION 2024-82: 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.) Item # 16F6 Page 160 May 14,2024 EXPENDITURES UNDER A SINGLE -SOURCE WAIVER FOR FIVE YEARS (FY24 THROUGH FY28), IN AN AMOUNT NOT TO EXCEED $100,000 PER FISCAL YEAR, TO OBTAIN ORIGINAL EQUIPMENT MANUFACTURER ("OEM") PARTS, AND NON -OEM PARTS, FREIGHT, AND SERVICES FROM EVERGLADES FARM EQUIPMENT INC. D/B/A EVERGLADES EQUIPMENT GROUP, NECESSARY TO MAINTAIN COUNTY - OWNED AGRICULTURAL AND TURF EQUIPMENT AND ATTACHMENTS Item # 16F7 THE BOARD OF COUNTY COMMISSIONERS, ACTING IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY, APPROVE THE ATTACHED FIRST AMENDMENT TO LEASE AGREEMENT WITH SOUTHWEST FLORIDA WORKFORCE BOARD TO PROVIDE OFFICE SPACE FOR THE COMMUNITY REDEVELOPMENT AGENCY STAFF IN IMMOKALEE Item # 16F 8 EXPENDITURES UNDER A SOLE SOURCE PROCUREMENT WAIVER FOR A PERIOD OF THREE YEARS, IN AN AMOUNT NOT TO EXCEED $150,000 PER FISCAL YEAR, WITH SYMBIONT SERVICE CORP., FOR PARTS, SERVICES, AND WARRANTY REPAIR OF SYMBIONT GEOTHERMAL UNITS AT COUNTY AQUATIC FACILITIES Item # 16F9 Page 161 May 14,2024 A WAIVER FOR THE SINGLE -SOURCE PURCHASE OF WETLAND MITIGATION CREDITS FROM PANTHER ISLAND MITIGATION BANK EXPANSION AS NECESSARY FOR PERMITTING REQUIREMENTS FOR THE CONSTRUCTION OF VARIOUS COLLIER COUNTY PROJECTS AS ADVERTISED IN (NOI) 24-063-WV AND (NOI) 24-063-WV. Item # 16F 10 ADMINISTRATIVELY APPROVE CHANGE ORDER NO. 3 FOR A 98-DAY TIME EXTENSION AND TO ADD $154,920 TO THE PURCHASE ORDER 4500217007 UNDER AGREEMENT NUMBER 21-7911 WITH RG ARCHITECTS, P.A., FOR THE DESIGN SERVICES FOR COLLIER COUNTY MENTAL HEALTH FACILITY AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 50239) Item # 16F 11 THIRD AMENDMENT TO VACANT LAND CONTRACT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC., EXTENDING BY ONE YEAR THE TIME TO OBTAIN THE NECESSARY SITEPERMITS. THIS UNEXPECTED DELAY RELATES TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVESTED AUTHORITY TO ISSUE STATE 404 PROGRAM PERMITS IN FLORIDA Item # 16H 1 Page 162 May 14,2024 PROCLAMATION DESIGNATING MAY 18 - 24, 2024, AS NATIONAL SAFE BOATING WEEK. TO BE DELIVERED TO JOE RICCIO, FLOTILLA COMMANDER AT FLOTILLA 95, MARCO ISLAND Item # 16H2 - Moved to Item #4C (Per Agenda Change Sheet) Item # 16H3 PROCLAMATION DESIGNATING MAY 19 - 25, 2024, AS NATIONAL PUBLIC WORKS WEEK. TO BE DELIVERED TO DANIEL FLYNN, DISTRICT REPRESENTATIVE OF THE LOCAL APWA BRANCH Item # 16H4 PROCLAMATION DESIGNATING MAY 5 - 11, 20241 AS NATIONAL CORRECTIONS OFFICERS WEEK. TO BE DELIVERED TO SHERIFF KEVIN RAMBOSK, CHIEF MARK MIDDLEBROOK, CAPTAIN KEITH HARMON, CAPTAIN DAREECE CANADA, DIRECTOR KATINA BOUZA, CORRECTIONS OFFICERS AND NAPLES JAIL CENTER STAFF Item # 16J 1 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31, 2024 Item # 16J2 Page 163 May 14,2024 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MAY 08, 2024 Item # 16J3 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 $71913305.10 WERE DRAWN FOR THE PERIODS BETWEEN APRIL 11, 20241 AND MAY 11 2024, PURSUANT TO FLORIDA STATUTE 136.06 Item # 16K 1 RESOLUTION 2024-83: REAPPOINT THREE MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD — MICHAEL SHERMAN AS A BAYSHORE BUSINESS REPRESENTATIVE, JAMES TALANO AS AN AT -LARGE RESIDENT, AND MAURICE GUTIERREZ AS AN MSTU MEMBER, EACH TO A THREE-YEAR TERM EXPIRING ON MAY 22, 2027 Item # 16K2 RESOLUTION 2024-84: APPOINT JONATHAN WALSH AS A MEMBER TO THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS - MR. WALSH BE APPOINTED TO A FOUR- YEAR TERM Page 164 May 14,2024 Item # 16K3 RESOLUTION 2024-85: APPOINT TWO MEMBERS TO THE COASTAL ADVISORY COMMITTEE — ROBERT ROTH TO A FOUR-YEAR TERM EXPIRING ON MAY 22, 2028, AND LINDA PENNIMAN TO A FOUR-YEAR TERM EXPIRING ON MAY 221 2028 Item # 16K4 RESOLUTION 2024-86: REAPPOINT MR. CLAY CONE AS A MEMBER OF THE EDUCATIONAL FACILITIES AUTHORITY - TO A FIVE-YEAR TERM EXPIRING ON MARCH 23, 2029 Item # 16K5 RESOLUTION 2024-87: REAPPOINT YVAR PIERRE TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD - TERM EXPIRING ON APRIL 4, 2027 Item # 16K6 RESOLUTION 2024-88: APPOINT A MEMBER TO THE PELICAN BAY SERVICES DIVISION BOARD - GREGORY STONE TO FILL THE REMAINDER OF THE VACANT TERM EXPIRING ON MARCH 311 2027 Item # 16K7 RESOLUTION 2024-89: REAPPOINT SONJA SAMEK TO THE PUBLIC TRANSIT ADVISORY COMMITTEE - TO A THREE - Page 165 May 14,2024 YEAR TERM EXPIRING ON MARCH 22, 2027 Item # 16K8 RESOLUTION 2024-90: APPOINT TWO MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL — LAURA RADLER BE APPOINTED, AS A NON -OWNER OPERATOR, AND NANCY KERNS, AS AN OWNER/OPERATOR, EACH TO FOUR YEARS TERMS EXPIRING APRIL 21, 2028 Item # 16K9 THE COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST ABIGAIL ARIAS PEREZ AND ANY OTHER RESPONSIBLE PARTIES FOR $11904 IN DAMAGES CAUSED TO A TRAFFIC SIGNAL POLE AT GOLDEN GATE PARKWAY AND 47TH STREET SOUTHWEST Item #16K10 A SMALL CLAIMS RECORD OF AGREEMENT FOR $2,205.92 TO SETTLE THE LAWSUIT STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V. YORDANKA GONZALEZ TORRES, COUNTY COURT CASE NO. 23-SC-1800 - DAMAGES TO LANDSCAPING IN A COUNTY OWNED AND MAINTAINED MEDIAN Item # 16K 11 RESOLUTION 2024-91: APPOINT TWO MEMBERS TO THE Page 166 May 14,2024 ANIMAL SERVICES ADVISORY BOARD — TO REAPPOINT MEREDITH MCLEAN AS THE HUMANE SOCIETY REPRESENTATIVE AND REAPPOINT SUE LAW TO THE OPEN AT LARGE SEAT Page 167 May 14,2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:19 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CHRIS HALL, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. May 14,2024 Page 169