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BCC Minutes 11/14/2017 RNovember 14, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 14, 2017 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 members present: CHAIRMAN: Penny Taylor Andrew Solis Donna Fiala William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance & Accounting Troy Miller, Communications & Customer Relations COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority or 1 �iip . r AZcs1s -. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 14, 2017 9:00 AM Commissioner Penny Taylor, District 4 — BCC Chair Commissioner Andy Solis, District 2 — BCC Vice-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Burt Saunders, District 3 Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 1 November 14,2017 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dawson Taylor of Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. October 10, 2017 BCC/Regular Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE 1) 20 YEAR ATTENDEES Page 2 November 14,2017 a) Benito Barnhart, Road Maintenance 2) 25 YEAR ATTENDEES 3) 30 YEAR ATTENDEES a) Noemi Fraguela, Emergency Services 4) 35 YEAR ATTENDEES B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Edwin Barroso, Maintenance Specialist, Public Services Department as the October 2017 Employee of the Month. 4. PROCLAMATIONS A. Proclamation designating November 19-25, 2017 as National Farm City Week in Collier County. To be accepted by Cyndee Woolley, President of the Farm City BBQ of Collier County. B. Proclamation designating November 2017 as National Hospice and Palliative Care Month in Collier County. To be accepted by representatives of Avow Hospice: Jaysen Roa, Phyllis Hall, Pat Martin, Kathy Schillreff, Jack Fulmer, Kim Borselli, Dr. Cynthia Nehrkorn, Annalise Smith, Melissa Phillips, Mark Beland, Rebecca Gatian, Kerri Ervin and Joel Cozzalo. C. Proclamation honoring Mr. Daniel Pollitt for achieving the rank of Eagle Scout. To be accepted by Daniel Pollitt, Jeffrey Pollitt, Danielle Pollitt and Pam Shudes. D. Proclamation honoring Mr. Efehan Timur for achieving the rank of Eagle Scout. To be accepted by Efehan Timur, Scott Beatty, Deanna Bickford, Page 3 November 14,2017 Randy Rosal and James Cunningham. E. Proclamation recognizing the outstanding work and extraordinary dedication of county employees in preparing, protecting and safeguarding our community before, during and after Hurricane Irma. To be accepted by the County Manager, the County Attorney and the Senior Management Team on behalf of County Employees. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for November 2017 to Woods, Weidenmiller, Michetti, Rudnick & Galbraith, PLLC. To be accepted by Joshua Rudnick, Esq. and Bethany Sawyer representing the Naples Chamber of Commerce. B. Hurricane Irma Status Report from Dan Summers, Bureau of Emergency Services Division Director. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Cleary RPUD, to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road, approximately one quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East, consisting of 8.99± acres. [PUDZ-PL20160001985] B. Recommendation to approve a Resolution declaring the acquisition of the Page 4 November 14,2017 assets of the Florida Governmental Utility Authority serving the Golden Gate community in Collier County, Florida, by the Collier County Water- Sewer District, and implementation of county rates is in the public interest; to establish rates and charges; and to modify the service area of the Collier County Water-Sewer District. C. Recommendation to review and approve the 2017 combined Annual Update and Inventory Report on Public Facilities and Schedule of Capital Improvements as provided for in Section 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a Resolution that updates the 5-year Capital Improvement Schedules. (PL- 20170000596/CPSP-2017-1)17-1) 10. BOARD OF COUNTY COMMISSIONERS A. This item continued from the October 10, 2017 BCC Meeting. Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance reestablishing the productivity committee. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:40 a.m. Recommendation to provide direction to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) regarding the use of program criteria associated with the Conservation Collier acquisition selection process in the current Ninth Acquisition Cycle, future potential cycles, and regarding the Conservation Collier Ordinance, Ord. 2002-63, as amended. (Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division) B. This item to be heard at 11:00 a.m. Recommendation to accept the Jail Master Plan Final Report, consider consultant and stakeholder recommendations and provide further staff direction. (Margaret Bishop, Principal Project Manager, Facilities Management) C. This item to be heard at 1:00 p.m. This item continued from the October 10, 2017 BCC Meeting. Recommendation to renew and approve the annual Agreement between Economic Incubators, Inc. and the Board of County Commissioners in continued support of the established public- private partnership designed to advance the County's economic development Page 5 November 14,2017 efforts. (Jace Kentner, Director of Office of Business and Economic Development) D. Recommendation to accept the latest terms negotiated by the Naples City Manager and County Manager for a renewal of the Interlocal Agreement governing reciprocal use of City and County beach parking facilities and park and recreation programs. (Sean Callahan, Public Services Operations Support Division Director) E. Recommendation to award a construction contract in the amount of $1,943,585.04 to Mitchell & Stark Construction Company, Inc. for Invitation to Bid No. 17-7201 City Gate Boulevard North Extension, Phase 3. (Project Nos. 60129 and 50110). (Jay Ahmad, Director, Transportation Engineering) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY C. This item to be heard at 11:30 a.m. Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), review the submitted proposals to develop the 17-acre CRA property located in the Bayshore/Gateway Triangle Redevelopment Area, and authorize staff to enter into negotiations with one or two of the proposers. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will Page 6 November 14,2017 be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Lagomar at Fiddler's Creek Replat, PL20160000440, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$7,147.10 to the Project Engineer or the Developer's designated agent. 2) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer facilities for Parklands, Phases 1-3, PL20150002492, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 3) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Faith Landing Phase One, Application Number AR-12639; acceptance of the plat dedications, and authorizing the release of the maintenance security. 4) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Parklands, Phase 4, PL20150002596, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 5) Recommendation to grant final acceptance of the roadway and drainage improvements for the final plat of Faith Landing Phase Two, Application Number PL20130001663; acceptance of the plat dedications, and authorizing the release of the maintenance security. 6) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Golf Club of the Everglades Phase 1-1, 1-2, 1-3 and Vanderbilt Beach Page 7 November 14,2017 Road Force Main Extension, PL20160000085, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the amount of$4,000 to the Project Engineer or the Developer's designated agent. 7) Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Courtside Commons at Wyndemere, PL20160001135 and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $6,241.30 to the Project Engineer or the Developer's designated agent. 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Heritage Bay Commons - Tract D Second Replat, Application Number 20170002126. 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Buckley Parcel Replat, Application Number PL20170003099. 10) Recommendation to approve the release of two code enforcement liens with an accrued value of$108,594.39 for payment of$10,000 in the code enforcement actions entitled Board of County Commissioners v. GMAC Mortgage, LLC, Code Enforcement Board Case Nos. CESD20130011486 and CEPM20160007563 relating to property located at 5071 19th Ct SW, Collier County, Florida. 11) Recommendation to approve the release of a code enforcement lien with an accrued value of$64,230.13 for payment of$1,800 in the code enforcement action entitled Board of County Commissioners v. ARLP Trust 4. Code Enforcement Board Case No. CESD20140018438 relating to property located at 4225 11th Avenue SW, Collier County, Florida. Page 8 November 14,2017 12) Recommendation to approve the release of code enforcement liens with an accrued value of$233,050 for payment of$500 in the code enforcement actions entitled Board of County Commissioners v. Dusan Petric. Code Enforcement Board Case No. CESD20100004782 relating to property located at 3122 Santa Barbara Blvd, Collier County, Florida. 13) Recommendation to approve the South Florida Water Management District (SFWMD) Agreement Nos. 4600003760, 4600003761 and 4600003762 and authorize any necessary budget amendments to recognize grant funding in the amount of up to $200,000, $238,860 and $800,000, respectively for the construction of the Lely Branch New Weir (Project No. 60202), the Golden Gate City Stormwater Improvements- NW Quadrant (Project No. 51029), and West Goodlette-Frank Road Stormwater Improvements (Project No. 60142), respectively. 14) Recommendation to approve Amendment No. 1 to a Joint Participation Agreement (JPA) between the State of Florida, Department of Transportation (FDOT) and Collier County, in which the original reimbursement amount of$759,125 is divided, with $744,125 for the construction phase and $15,000 for the Construction Engineering and Inspection (CEI) phase; for the Countywide State Highway System Signal Priority Preemption Expansion. Project FM #435338-1-58/68-01(SAP Project No. 33458). 15) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement ("Agreement") between Collier County and the Richmond Park Master Condominium Association, Inc. for landscape and irrigation improvements within the Immokalee Road public right-of-way. 16) Recommendation to waive formal competition and approve Contract #17-7216-WV with Metro Forecasting Models, LLC as the single source consultant for the software and services related to updates to the Collier County Interactive Growth Model. 17) Recommendation to provide after-the-fact approval for the 2017 TIGER IX Discretionary Grant application, sponsored by the United Page 9 November 14,2017 States Department of Transportation, for the Immokalee Complete Streets - Growing Connections to Create Mobility Opportunities Project, in the amount of$16,415,864. 18) Recommendation to approve a short-list of professional engineering consultants and to enter into negotiations with Johnson Engineering, Inc. pursuant to Request for Professional Services (RPS) No. 17-7222, "Post Design & Verification Testing Services for Tree Farm Road Phase II" (Project Nos. 61001 and 70178). 19) Recommendation to recognize funding in the amount of$78,990 from an approved Funding Agreement between Collier Enterprises Management, Inc. (CEMI) and the Collier Metropolitan Planning Organization (MPO), to prepare an amendment to the 2040 Long Range Transportation Plan (LRTP). 20) Recommendation to approve an Easement Use Agreement (Agreement) for Lot 7, Ashley Grove, according to the plat thereof as recorded at Plat Book 32, Pages 26 through 27 of the public records of Collier County. 21) Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance to extend the temporary moratorium on cannabis dispensing facilities from December 31, 2017 to June 30, 2018. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve a one-year extension of the project completion date set forth in the Commercial Building Improvement Grant Agreement between the CRA and Western Bike & Auto, LLC due to certain permitting and hurricane delays. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve the selection and award contracts for RFP #15-6469 "Well Testing, Drilling, and Maintenance" to Youngquist Brothers Incorporated, Layne Christensen Company, Page 10 November 14,2017 Wells and Water Incorporated, Naples Well Drilling Incorporated, and All Webbs Enterprises, Incorporated. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve the FY17-18 contract with the State of Florida Department of Health for the operation of the Collier County Health Department in the amount of$1,455,000. 2) Recommendation to accept and ratify fee waivers granted by the Director of Domestic Animal Services for the period of July 1, 2017 through September 30, 2017, in accordance with the process established by Resolution No. 2016-125 in the amount of$270. 3) Recommendation to authorize a budget amendment to transfer funds in the amount of$232,000 from Library Fund 129 Operating Program 31129 to the Radio Frequency Identification System (RFID) Project 44037. 4) Recommendation to approve a Release of Lien for five separate State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements with one developer for a combined amount of$35,419.14 for properties developed by Habitat for Humanity of Collier County, Inc. that have been repaid to Collier County and the Release of Lien was not executed. 5) Recommendation to approve one Release of Lien to combine the release of 29 separate liens for a combined amount of$223,265.78 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. 6) Recommendation to approve two State Housing Initiative Partnership (SHIP) Subrecipient Agreements with Housing Development Corporation of SW Florida, Inc. d/b/a HELP in the amount of$24,877 and Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation in the amount of$24,500 for the administration of a Homebuyer Education and Counseling Program for State of Page 11 November 14,2017 Florida FY 16/17. 7) Recommendation to approve the acceptance of the State Housing Initiatives Partnership (SHIP) Program FY 2017/2018 allocation in the amount of$1,520,545 and approve a budget amendment recognizing $219,282.19 in program income for Fiscal Year 2017/2018. 8) Recommendation to award Bid #17-7195 Purchase and Installation of Bus Wraps to Bella Signs and Designs, Inc. 9) Recommendation to accept and appropriate a private donation of $25,000 to benefit the Headquarters Regional Library and approve the necessary budget amendment. 10) Recommendation to approve the after-the-fact submittal of a grant request to the Florida Fish and Wildlife Conservation Commission (FWC) for funding in the amount of$3,675 for the purchase and delivery of three (3) Bearsaver Trash Receptacles for three (3) Collier County park sites. 11) Recommendation to approve a Resolution indicating the Collier County Board of County Commissioners' desire to be re-designated as the Community Transportation Coordinator (CTC) for Collier County. 12) Recommendation to approve an Agreement with the State Department of Environmental Protection (DEP) Division of Recreation and Parks to provide transit service into Delnor-Wiggins State Park, and authorize the Chairman to sign the agreement. 13) Recommendation to approve and execute the attached five-year Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) in the amount of$1,791,176 under State Transit Block Grant Program Contract Number G0Q98 providing for State funding for eligible Collier County fixed route transit administrative, management, and operation expenses in the amount of $895,588, approve a FY17-18 local match in the amount of$895,588, and approve the necessary budget amendments. Page 12 November 14,2017 14) Recommendation to approve the FY2017/18 Transportation Disadvantaged Trust Fund Trip/Equipment Amendment with the Florida Commission for the Transportation Disadvantaged (CTD). 15) Recommendation to approve a sub-recipient agreement between Collier County and the National Alliance for the Mentally Ill of Collier County (NAMI) providing for $24,579.15 of FY17-18 Emergency Solutions Grant (ESG) Funding. 16) Recommendation to approve an "after-the-fact" Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. (Agency) and to approve a budget amendment for the FY17 Older Americans Act Title OAAIII Program to ensure continuous funding for FY17 (Fiscal Impact of the OAA programs of $11,460 and local match funding of$1,443.88). 17) Recommendation to approve an agreement with the David Lawrence Mental Health Center (DLC) to administer the allocation of the state- mandated match for FY18 in the amount of$1,949,400. 18) Recommendation to approve "after-the-fact" amendments and attestation statements with the Area Agency on Aging for Southwest Florida, Inc. (Agency), Community Care for the Elderly (CCE), Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs for Services for Seniors and authorize Budget Amendments to reflect the final FY 16/17 grant funding amount. (Net Fiscal Impact $1,957.21). 19) Recommendation to approve "after-the-fact" amendments and attestation statements with the Area Agency on Aging for Southwest Florida, Inc. (Agency), Community Care for the Elderly (CCE, Alzheimer's Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs for Services for Seniors and authorize Budget Amendments to ensure continuous funding for FY2017/2018. (Net Fiscal Impact $179,372.45). 20) Recommendation to award Invitation to Bid (ITB) #17-7105R "Baseball and Softball Officials" to Collier Recreation Baseball/Softball Umpire Association, Inc. and authorize the Chair to Page 13 November 14,2017 execute the attached contract. 21) Recommendation to approve Agreement #18-7243-NS with Collier County Sheriff's Office for the reimbursement of$57,517.20 for intersection control outside of Delnor-Wiggins State Park at peak times during the year. 22) Recommendation to approve the after-the-fact award acceptance electronically and execute the agreement with the U.S. Department of Justice (DOJ) - Office of Justice Programs to accept funding for the Adult Court Discretionary Grant Program in the amount of$400,000 and approve a budget amendment to allocate the funding. 23) Recommendation to authorize the necessary Budget Amendments to reflect the estimated funding for Calendar Year 2018 Older Americans Act (OAA) Programs in the amount of$1,065,348 and the required match of$112,840.99. 24) Recommendation to authorize a Purchase Order in the amount of $65,580 for USA Shade & Fabric Structures as the sole source vendor to repair and install the shade structure for the pickleball courts at East Naples Community Park. 25) This item continued from the June 13, 2017 Meeting. Recommendation to reaffirm staff administration of the State Housing Initiatives Partnership (SHIP) Program as administrative and ministerial, adopt a $30,000 cash asset limit for applicant households, and direct staff to amend the Local Housing Assistance Plan (LHAP) accordingly. 26) Recommendation to award Invitation to Bid (ITB) #17-7165 to multiple firms to provide construction-related expertise and review for grant-funded residential rehabilitation projects. 27) Recommendation to consider a request to waive Performance Measures penalties assessed to Medical Transportation Management (MTM), Inc. and MV Transportation, Inc. in accordance with Agreement #15-6424 for Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program. Page 14 November 14,2017 E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to award RFP #17-7127, "3-1-1/Customer Relationship Management (CRM) Initiative," to Qscend Technologies, Inc. 2) Recommendation to recognize accrued interest from the period October 2016 through June 2017 earned by EMS County Grant and appropriate funds for a total amount of$614.72. 3) Recommendation to waive competition and standardize the purchase of Stryker Power Pro Ambulance Cots, warranty, parts and accessories from Stryker EMS. 4) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. 5) Recommendation to waive the Ethics Ordinance and accept an offer, at no cost to the County, to honor two members of EMS as representatives of the agency for their actions and contributions related to Hurricane Irma impacts at the American Music Awards (AMA) in Los Angeles, California. 6) Recommendation to fund and authorize any necessary budget amendments needed for a one-time payment in the amount of$50,000 to the Immokalee Fire District to partially reimburse funds already expended for station plans for a future co-owned EMS/Fire station in Ave Maria. 7) Recommendation to authorize issuance of a Purchase Order to CDR Maguire, Inc. under RFP #17-7116 Disaster Recovery Consulting Services in the amount of$633,800 and authorize a budget amendment for continuing support in developing and preparing project worksheets for FEMA reimbursement of expenditures associated with Hurricane Irma. F. COUNTY MANAGER OPERATIONS Page 15 November 14,2017 1) Recommendation to Award ITB #17-7130R for "Pelican Bay Irrigation" to Stahlman-England Irrigation, Inc. in the amount of $199,850, and authorize the chair to execute the attached Agreement. 2) Recommendation to award ITB Bid #17-7208 — Annual Landscape Maintenance Bayshore MSTU to Ground Zero Landscaping Services, Inc. 3) Recommendation to award RFP #17-7120 for Tourism Midwest Sales Representation to Synergy-Connect, LLC, execute the County Attorney approved contract in the amount of$81,500 and make a finding that this item promotes tourism. 4) Recommendation to approve Tourist Development Tax Promotion funding to support four upcoming December 2017 Sports Events up to $19,650 and make a finding that these expenditures promote tourism. 5) Recommendation to approve an amendment to the FY 18 Category C- 2 grant to Artis-Naples due to storm damage to the Baker Museum, approve Contract Amendment # 1 and make a finding that this action promotes tourism. 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2017-18 Adopted Budget. 7) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 8) Recommendation to authorize additional FY 2018 budget amendments covering post Hurricane Irma clean up and recovery for Debris Removal. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation honoring Mr. Joseph Manuel for achieving the rank of Page 16 November 14,2017 Eagle Scout. This proclamation will be mailed to Mr. Manuel. 2) Recommendation to approve a resolution requesting that the Florida Attorney General increase efforts to investigate reverse mortgage fraud. 3) Recommendation to approve a resolution endorsing the dedication of the portion of Interstate 75 from mile marker 110 to the Broward County line as the "Submarine Veterans Memorial Highway." MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Report to the Board regarding the investment of County funds as of the quarter ended September 30, 2017. 2) Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2018. 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between October 12 and November 1, 2017 pursuant to Florida Statute 136.06. 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of November 8, 2017. K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement for the total amount of$65,664 for the taking of Parcel 281RDUE in the pending case styled Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256, required for the Golden Gate Boulevard Project, Project No. 60145 (From 20th Street East to east of Everglades Boulevard). (Fiscal Impact: $53,464) Page 17 November 14,2017 2) Recommendation to approve a Mediated Settlement Agreement in the amount of$56,650 for full compensation and statutory attorney fees, expert fees and costs, plus up to $5,000 in supplemental attorney fees, if any, for Parcel 146RDUE in the case styled Collier County v. Benjamin Sanchez, et al., Case No. 15-CA-0249 required for improvements to Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $52,920] 3) Recommendation to approve a pre-hearing Joint Motion for Stipulated Order of Taking and Final Judgment in the amount of$9,512 for Parcel 443RDUE, in the lawsuit captioned Collier County v. John R. Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $9,682) 4) Recommendation to approve a Joint Motion for Stipulated Final Judgment in the amount of$12,400 for Parcel 33ORDUE, in the lawsuit captioned Collier County v. Priscilla Dias, et al, Case No. 16- CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $5,900) 5) Recommendation to approve a Stipulated Final Judgment in the total amount of$12,000 for the taking of Parcel 339RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky, Jr., et al., Case No. 16-CA-1272. (Fiscal Impact: $10,700) 6) Recommendation to appoint a member to the Coastal Advisory Committee. 7) Recommendation to reappoint one member to the Historic/Archaeological Preservation Board. 8) Recommendation to reappoint two member(s) to the Golden Gate Beautification Advisory Committee. 9) Recommendation to reappoint a member to the Golden Gate Estates Land Trust Committee. Page 18 November 14,2017 10) Recommendation to declare a vacancy on the Black Affairs Advisory Board. 11) Recommendation to establish the Collier County Ad Hoc Senior Advisory Committee, for an initial term of one year, to assist the Board of County Commissioners in compiling and identifying issues as they relate to the safety and wellbeing of senior citizens in Collier County. 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 14-24, as amended, the Buckley Mixed Use Planned Unit Development (MPUD), to approve an insubstantial change to the MPUD to reduce the minimum lot area and minimum lot width for single family detached dwelling units, and providing for an effective date. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East, Collier County, FL, consisting of 21.7± acres. [PDI- PL20170002630] B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2017-18 Adopted Budget. 18. ADJOURN Page 19 November 14,2017 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 20 November 14,2017 November 14, 2017 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Good morning. It's such a pleasure to see so many people here. It's our one meeting in November. And on behalf of the County Commission, I wish everyone a wonderful Thanksgiving that's coming up and the beginning of a great holiday season. So on that, we will -- you know, let me just do one more thing, and then I will give you -- I guess I don't have it here -- the artist in the back, and I have it right here, just so we know -- I think I do. Forgive me. Forgive me. I do not. COMMISSIONER FIALA: I wanted you to note while you're looking for that that four of us got the message about wearing blue today. COMMISSIONER McDANIEL: And one didn't. COMMISSIONER FIALA: Plus the Clerk of Courts office. CHAIRMAN TAYLOR: So the artist of the month is a part-time Collier County resident. His name is Mauricio Garay. I don't know if he's here. Forgive me for murdering that if I didn't pronounce it correctly. He descended from a family with an artistic tradition. And Mauricio has had a passion for art from the early age. He is a self-taught figurative and impressionist painter and has vibrant colors that are among his personal signature. So we welcome that. It's a -- it is a program that we have now recently installed in the commission, and it's certainly enriched our meetings, and it's lovely to see the talent that we have here. So on that, we have the invocation from Reverend Dawson Taylor and, after that, we'll have a Pledge of Allegiance. And, Commissioner Solis, if you'd lead us in the Pledge of Allegiance. November 14, 2017 Page 3 Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND TAYLOR: Let us join our hearts together in prayer. Let us pray. Loving God, in this season of giving thanks, we pause in the midst of a busy world to especially give you thanks for this community in which we are so proud to be a part. We give you thanks for all of those who have served our nation in times of war and peace, for those who guard our streets, and for those who continue to bring our community back to wholeness following Hurricane Irma. We ask that you be with each of our leaders as they make decisions today, grant to them your wisdom, and we give you thanks for all of those who make this great community what it is, and we ask that you would continue to lead us forward. In all this we trust and ask in your many names. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN TAYLOR: Thank you, Reverend Taylor. And Reverend Taylor is from the Naples United Church of Christ. Thank you very much. That was a beautiful prayer. County Manager? Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – APPROVED AND/OR ADOPTED W/CHANGES November 14, 2017 Page 4 MR. OCHS: Good morning, Madam Chair and Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of November 14, 2017. The first proposed change is to continue Item 16D6 on your consent agenda to the next meeting, which will be held on December 12th, 2017, and that's a staff request. The next proposed change is to move Item 16D25 off of the consent agenda to become Item 11F under the County Manager's regular agenda. This move is made at Commissioner McDaniel's request. The next proposed change is to add an item to the County Manager's regular agenda. It will become Item 11G. This is a recommendation to fund a Hurricane Irma concert event in Downtown Naples which will be held on December the 9th. And that add-on is at the staff's request. The next proposed change is a related add-on item. It would be Item 11H under the County Manager's agenda. This is a recommendation to waive some of the public safety special event fees related to the Naples is Rocking concert that I just mentioned, and that is also added at the staff's request because of the time-sensitive nature of the event. The next proposed change is to move Item 16F3 from the consent agenda to become Item 11I under the County Manager's regular agenda. This move is made at Commissioner Taylor's request. Commissioners, we have an ambitious time-certain schedule today. Four items scheduled for specific time-certain hearings. The first would be Item 11A. That will be heard at 10:40 a.m. That has to do with some recommended modifications to the Collier -- Conservation Collier Land Acquisition criteria for site acquisitions. Item 11B is scheduled to be heard at 11 a.m., and that's the report on the jail master plan. Item 14B1 is scheduled to be heard at 11:30 a.m. November 14, 2017 Page 5 That is a presentation from the staff and two of the proposers that have submitted proposals to redevelop the 17-acre site in the Bayshore/Gateway CRA. That's 11:30 a.m. And then at 1:00 Item C is scheduled to be heard. That is the discussion on the proposed renewal of the operating agreement between Economic Incubators, Incorporated, and the Board for the county business accelerator program. Those are all the changes that I have, Madam Chair. CHAIRMAN TAYLOR: Thank you very much. Commissioner McDaniel, any changes to the agenda? COMMISSIONER McDANIEL: No, ma'am. CHAIRMAN TAYLOR: None. Okay. And I think any ex parte except the one that we have with our advertising hearing. COMMISSIONER McDANIEL: Yes, ma'am, I understand. And I have no ex parte. CHAIRMAN TAYLOR: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes, no corrections, no additions to the agenda. CHAIRMAN TAYLOR: All right. COMMISSIONER FIALA: No ex parte on the consent agenda, but one small item on the summary agenda, which is 17A, and I received a staff report. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: No changes, no ex parte on the consent or the summary agenda. CHAIRMAN TAYLOR: All right. Commissioner Saunders? COMMISSIONER SAUNDERS: No changes and I have no ex parte on the consent agenda as well. CHAIRMAN TAYLOR: All right. And I have no changes or additions and just -- and no ex parte on anything except for the advertised public hearing. November 14, 2017 Page 6 COMMISSIONER SAUNDERS: I'll move to approve the agenda. MR. MILLER: Madam Chair, I'm sorry. I do have a registered speaker for a consent-agenda item. Item 16F5, Dr. Joseph Doyle. Would you like to hear him now? CHAIRMAN TAYLOR: Yes. Before the motion, yeah. MR. MILLER: And Dr. Doyle has been ceded three additional minutes from Sandra Doyle, who is present. COMMISSIONER McDANIEL: Which item was this on? MR. MILLER: 16F5, sir, MR. OCHS: Sir, this is a recommendation to approve an amendment to the FY '18 Category C2 grants to Artis Naples due to storm damage to the Baker Museum, and approve a Contract Amendment #1, making a finding that this action promotes tourism, as it's a TDC Category C grant. DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle, Naples. I come before you today because I feel that the requested change from an exhibition, which is going to be the Moderns exhibit from October through January, to four concerts is an inappropriate use of tourist tax dollars. You can see here this is the original contract. It says -- if you look down to the middle here it says, finding that the grantee qualifies as a museum -- which is true for what the original intent was, $175,000 to bring the French Moderns exhibit to the Baker Museum. But this contract was approved on your consent agenda on September 26th. It was originally approved by the tourist -- the TDC, Tourist Development Council, on May 22nd, but that was all before Irma. Irma came -- Baker Museum is damaged. It cannot bring the exhibit to Naples, so they're requesting the change. So for one thing, I have issues with the fact that we're talking November 14, 2017 Page 7 about four concerts. It's not going to be a museum exhibit. The museum exhibit was going to be 90 days or so. These are four concerts, four nights. That's a lot different. I personally have traveled in my lifetime a couple times to Atlanta to see King Tut, the Samurai Warriors, to Dallas to see the Eastern Asian exhibits. I've traveled around the county to see exhibits. It's true tourism when you spend your overnight bed tax, et cetera, et cetera. These four concerts, I will tell you, are already sold out, okay. I went online to the Artis Naples website last night. Most of these are -- February 12th is the Chicago Symphony Orchestra. That's one night; February 27th and 28th is the Vienna Philharmonic Orchestra; and then there are just a few tickets left for the Academy of St. Martin in the Fields March 27th with Joshua Bell. Now, these are all fine things. My niece plays the violin, et cetera, et cetera, but I think in this particular case these are already sold out. What do they need $175,000 for? Also, the exhibit that was going to run three months was supposed to bring in 9,400 bed nights. Terrific. But these are going to be four nights of concerts. They're saying that it's going to have overnight visitors of 1,530. I would say that most of these are local people who are going to go to these concerts, because I know I'd like to go, too. So I really have questions about the figures. So you have a couple of things you can do. You can, you know, pull it off and talk about it, further discussion later today, or December 12th, your next meeting, or reject it outright. I mean, you have options. I just wanted to bring this to your attention. I feel that it's -- the other thing you could do is even prorate it. You know, since it looks like 9,400 bed nights, room nights were going to be the original intent, now we're down to 1,500, if you even believe that. If you prorate it by one-sixth, you'd give them about 30,000 instead of 175,000. November 14, 2017 Page 8 Because I know -- you just found out from the Coastal Advisory Committee that we're going to need some of this money now to restore the beaches since we may not get reimbursed from FEMA based on the way the sand came off the beaches. So I just wanted to -- you know, a lot of things we can use tourist money for. I just feel, unfortunately, it's unappropriate. And it's nothing against Artis Naples. I just don't think that this meets the intent of the ordinance. Thank you. MR. MILLER: Madam Chair, I'm sorry. I was handed an additional slip on this item for Mr. Forester who, I believe, is with Artis Naples. CHAIRMAN TAYLOR: Oh, good. Okay. Any questions for Dr. Doyle? (No response.) CHAIRMAN TAYLOR: Dr. Doyle, I respectfully disagree with you, and let me explain why. There's a way of tracking room nights, and when you have this lineup, I mean, it's incredible. I would think that people would come and spend the night here from Sarasota or from Miami to hear this. I mean, St. Martins in the Field, Academy of St. -- Vienna Philharmonic Orchestra; we're talking top of the top. Well, it's a huge draw, perhaps not for everyone. But if you know classical music, this is a very, very impressive lineup, and it would, in my opinion, draw people from other places to spend the night here and enjoy our community. DR. DOYLE: Oh, I don't doubt that. I just question the number, 1,500, and it also is one-sixth of the original draw that was going to be for the exhibition, so I'm thinking proration. Thank you. CHAIRMAN TAYLOR: Okay. November 14, 2017 Page 9 MR. OCHS: The item was recommended by your Tourist Development Council. CHAIRMAN TAYLOR: Okay. Thank you. MR. FORESTER: I'd just like to make a couple comments. Jonathan Forester, Communications Director at Artis Naples. The concerts, while they are the centerpieces of this presentation, are not the sole activities that people like the Vienna Philharmonic will be participating in while they're here in Naples. They will be doing master classes that are free and open to the public. They will be doing performances in the schools. They're out in our community being a part of our community, and they have been for the past two years. This will be the third year of this residency. And so I just wanted you to know that while there are limited tickets available for the performances for the Vienna Philharmonic, but there are tickets available for Academy of St. Martin in the Fields and the Chicago Symphony that are all part of the series. It's not just the performances themselves that will bring people into the community. CHAIRMAN TAYLOR: And I'm sure there's a cost to bringing these orchestras within -- to the community. MR. FORESTER: Yes. The $175,000, I believe, that was on the TDC grant, does not come anywhere near the cost of actually bringing these people to our community. COMMISSIONER SOLIS: I'm just curious. Is this -- are these recurring concerts that they've been doing every year or -- MR. FORESTER: This will be the third year for the Vienna Philharmonic to be -- COMMISSIONER SOLIS: Okay. MR. FORESTER: -- in Naples as part of a three-year residency. Our visiting orchestras program every year brings in between three and five world-class orchestras to the community to perform in Hayes Hall and to do other events throughout the community. We've had in the November 14, 2017 Page 10 past, you know, everyone from the Israel Philharmonic to the New York Philharmonic. You know, this year, we have Chicago Symphony with Riccardo Munti, who's their music director; we have the Academy of St. Martin in the Fields with Joshua Bell, who's one of the most renowned violinists in the world; and the Vienna Philharmonic for their third and final year of this residency. Going forward we hope to have similar residencies with other world-class orchestras like the Vienna Philharmonic where we would see them perform in our community year after year in order to, again, continue to brand Collier County as an arts destination. And I think that -- and a lot of this also goes to that. We want to brand Collier County as a world-class cultural tourism destination. COMMISSIONER SOLIS: And I don't remember this from what I've looked at, but have we used TDC funds for concerts like this in the past? I'm just curious. MR. FORESTER: I am not aware of that, but -- I'm sorry. I don't have that in front of me. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: I'd like to ask the County Attorney, there's been a question raised as to whether this type of expenditure is appropriate. I want to make sure from a legal standpoint we have no issues there. MR. KLATZKOW: Yeah. The item went before the TDC. They found it promoted tourism. And part of your deliberations on this is a finding that it promotes tourism. That's sufficient. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN TAYLOR: Okay. MR. FORESTER: Thank you. CHAIRMAN TAYLOR: All right. COMMISSIONER McDANIEL: We've already voted. November 14, 2017 Page 11 CHAIRMAN TAYLOR: Okay. So -- COMMISSIONER McDANIEL: We've already voted. CHAIRMAN TAYLOR: Any discussion? Any discussion? COMMISSIONER McDANIEL: No, ma'am. CHAIRMAN TAYLOR: All right. So there's a motion on the floor. COMMISSIONER SAUNDERS: The motion to approve the agenda as amended. CHAIRMAN TAYLOR: Do I hear a second? COMMISSIONER SOLIS: Second. COMMISSIONER McDANIEL: Second -- third. CHAIRMAN TAYLOR: Okay. Motion to -- motion on the floor to approve the agenda as amended and a second. Any discussion? COMMISSIONER McDANIEL: I do have one point of discussion. Are we approving the consent agenda and summary as well at this time? COMMISSIONER SAUNDERS: Yeah, that would be included in the motion. I apologize for not -- COMMISSIONER McDANIEL: No, no, no. I wanted to make sure. I had two points I wanted to make. I didn't want to pull the issue, but with regard to the extension of the moratorium, I want to be held as not in favor of the extension of the moratorium. CHAIRMAN TAYLOR: Then you approve the agenda except for -- COMMISSIONER McDANIEL: Correct. CHAIRMAN TAYLOR: -- the extension of the moratorium. COMMISSIONER McDANIEL: Yes, ma'am. His motion did not include the consent and summary, and I just wanted to -- I wanted to make sure that we -- where we were at, Madam Chair, so... COMMISSIONER SOLIS: I hate to throw a monkey wrench into the works here, but I'd like to have a discussion on that instead of November 14, 2017 Page 12 doing that on a summary. CHAIRMAN TAYLOR: Let's pull it. COMMISSIONER McDANIEL: Pull it. COMMISSIONER SOLIS: Can we pull the moratorium issue? COMMISSIONER McDANIEL: Absolutely. COMMISSIONER SOLIS: I'd like to pull that and just have a discussion about that. CHAIRMAN TAYLOR: Okay. So I think if the motion maker would agree to withdraw the motion to and the seconder -- COMMISSIONER SAUNDERS: Sure. COMMISSIONER McDANIEL: It was Andy. CHAIRMAN TAYLOR: -- would agree to follow the motion maker, and let's start again. COMMISSIONER SOLIS: Sorry. CHAIRMAN TAYLOR: So then what number is it on the summary agenda? COMMISSIONER McDANIEL: If you'd be a little more clear with our motions, then we'd all know. COMMISSIONER SAUNDERS: I'll try to next time. MR. OCHS: Madam Chair, Item 16A21 is the item -- CHAIRMAN TAYLOR: Okay. MR. OCHS: -- that Commissioner McDaniel has an interest in, and we would move that to the County Manager's regular agenda. CHAIRMAN TAYLOR: Which is No. J? MR. OCHS: It would be 11J, yes, ma'am. CHAIRMAN TAYLOR: 11J, okay. COMMISSIONER SAUNDERS: Then I'll try this again. I'll make a motion to approve today's regular, consent, and summary agenda, and the agenda for today's meeting as amended. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Ah, okay. Motion on the floor and a November 14, 2017 Page 13 second. Any other discussion? COMMISSIONER McDANIEL: With one comment, and that is -- the other point is, as you see, there are a couple of young men here to be honored today with their Eagle Scout awards, and there was one whose parents would not pull him out of school. What's up with that? So Joseph Manuel is this young man's name, and I just -- I wanted to formally mention his name. He is on the consent agenda because his parents wouldn't let me take him out of school, so... COMMISSIONER FIALA: I'm glad you brought that up. I was wondering about that. COMMISSIONER McDANIEL: Yes, yes. CHAIRMAN TAYLOR: Okay. All right. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank goodness. All right. Moving right along, good start. Proposed Agenda Changes Board of County Commissioners Meeting November 14,2017 Continue Item 16D6 to the December 12,2017 BCC Meeting: Recommendation to approve two State Housing Initiative Partnership(SHIP) Subrecipient Agreements with Housing Development Corporation of SW Florida,Inc. d/b/a HELP in the amount of$24,877 and Rock Island Economic Growth Corporation d/b/a Economic Growth Corporation in the amount of $24,500 for the administration of a Homebuyer Education and Counseling Program for State of Florida FY 16/17. (Staff's request) Move Item 16D25 to Item 11F: ***This Item continued from the June 13,2017 Meeting.*** Recommendation to reaffirm staff administration of the State Housing Initiatives Partnership (SHIP)Program as administrative and ministerial,adopt a $30,000 cash asset limit for applicant households, and direct staff to amend the Local Housing Assistance Plan(LHAP) accordingly. (Commissioner McDaniel's request) Add-On Item 11G: Recommendation to fund a Tourism Division Sponsorship for a Post Hurricane Irma concert event in the downtown Naples area up to $125,000, move these funds to the Community Foundation for event expense disbursement and make a finding that this item promotes tourism. (Staff's request) Add-On Item 11H: Recommendation to waive EMS special event user fees in the amount of $900.00 to provide dedicated ambulance coverage,to accept a donation by the Collier County Sheriff for event security services to support the"Naples is Rockin' concert"being held to inform the public that Collier County is open for business and encouraging tourism after Hurricane Irma,and to find a public purpose in waiving such fees. (Staff's request) Move Item 16F3 to Item 11I: Recommendation to award RFP# 17-7120 for Tourism Midwest Sales Representation to Synergy-Connect,LLC, execute the County Attorney approved contract in the amount of$81,500 and make a finding that this item promotes tourism. (Commissioner Taylor's request) Time Certain Items: Item 11A to be heard at 10:40 a.m. Item 11B to be heard at 11:00 a.m. Item 14B1 to be heard at 11:30 a.m. Item 11C to be heard at 1:00 p.m. 11/14/2017 8:32 AM November 14, 2017 Page 14 Item #2B OCTOBER 10, 2017 BCC/REGULAR MEETING MINUTES – APPROVED AS PRESENTED MR. OCHS: Item 2B, Madam Chair, is approval of the BCC regular meeting minutes from your October 10, 2017, meeting. COMMISSIONER SOLIS: Move to approve the minutes. CHAIRMAN TAYLOR: Second. Motion on the floor to approve the minutes of the October 10th, 2017, BCC meeting, and there's a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Item #3A EMPLOYEE SERVICES AWARDS – 20 and 30 YEAR ATTENDEES MR. OCHS: That brings us to this morning's employee service awards. Commissioners, if you'd be kind enough to join us in front of the dais. Commissioners, we're pleased to present two employee service recognition awards this morning. The first is recognizing 20 years of county service in our Road Maintenance Division for Benito Barnhart. November 14, 2017 Page 15 Benito. (Applause.) COMMISSIONER FIALA: Thanks for all your service. MR. OCHS: Congratulations. (Applause.) MR. OCHS: And now we're celebrating 30 years of service with county government in our Emergency Medical Services Division, Noemi Fraguela. Noemi. (Applause.) COMMISSIONER FIALA: Notice how tall I look. COMMISSIONER McDANIEL: That's what I was saying. MR. OCHS: Congratulations. (Applause.) MR. OCHS: And that concludes our service awards this morning, Commissioners. Thank you. Item #3D EMPLOYEE OF THE MONTH MR. OCHS: Commissioners, Item 3D is a recommendation to recognize Edwin Barroso, maintenance specialist with our Public Services Department, as your October 2017 Employee of the Month. Edwin, if you'd please step forward and receive your award. (Applause.) COMMISSIONER McDANIEL: Congratulations. COMMISSIONER FIALA: Which department again? MR. BARROSO: Parks and Rec. MR. OCHS: While he gets his photo, I'm going to sit here and brag on him a little bit and embarrass him. Commissioners, Edwin's been with the Parks and Recreation November 14, 2017 Page 16 Division for 25 years and works in our aquatics and irrigation branch of the parks division. As an irrigation specialist, Edwin works all over the county and has demonstrated he can take care of any task or project that's assigned to him. For the past couple of months he's been shaping up the aquatic facility at the Immokalee Sports Complex and bringing it up to even better standards. He's dedicated himself to this project and has worked diligently to get the park in tiptop shape. He's turned the complex around with his improvements and continues working to make it a showpiece in the Collier County community. Everybody knows if you want something done, you ask Edwin. He gets it done. That's just one of the reasons why he's so deserving of this award and, Commissioners, it's my honor to present Edwin Barroso, your October 2017 employee of the month. Congratulations. (Applause.) MR. OCHS: Thank you. Madam Chair, that takes us to Item 4, proclamations. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS – ADOPTED Item #4A PROCLAMATION DESIGNATING NOVEMBER 19-25, 2017 AS NATIONAL FARM CITY WEEK IN COLLIER COUNTY. ACCEPTED BY CYNDEE WOOLLEY, PRESIDENT OF THE FARM CITY BBQ OF COLLIER COUNTY – ADOPTED November 14, 2017 Page 17 MR. OCHS: Item 4A is a proclamation designating November 19 through 25th, 2017, as National Farm-City Week in Collier County. To be accepted by Cyndee Woolley, president of the Farm-City Barbecue of Collier County. Cyndee? I think she brought some friends with her today. (Applause.) COMMISSIONER FIALA: Boy, look at all the good guys on this team. Thank you. MS. WOOLLEY: And we can't let Bart hide. He's the past chair. COMMISSIONER FIALA: Here I am. (Applause.) COMMISSIONER FIALA: Cyndee, tell us how people can park. MS. WOOLLEY: I'm happy to address that. Good morning, Commissioners. For the record, my name is Cyndee Woolley. I'm the President of the Farm-City Barbecue, Inc., of Collier County. I'd like to start today by saying that our 2017 Chair, Bill Barker, sends his regrets. He was not able to accommodate the meeting today but lends his support fully and looks forward to seeing you next week. I would also like to take a second to recognize some of our past chairs who are with me today. That would include Sheriff Rambosk, Jamie Weisinger, Bart Zino, and I believe we have Stephanie Kissinger's husband, Steven Kissinger. So he counts in lieu; in lieu. We also have our host sponsor this year, which is the Marine Industries Association of Collier County and, of course, Mayor Bill Barnett was here to join us as well in the showing of the support for the Farm-City Barbecue. As you know, the Farm-City Barbecue has humble roots in Collier County. We tell the story of our second, third, probably third and fourth generation volunteers at this point, my daughter joining among those. We've weathered many storms together, and this event November 14, 2017 Page 18 was started in -- following a bad crop season where the businesspeople hosted the farmers in the city for a barbecue, and the next year the farmers reciprocated. Through the years, we've weathered storms such as Hurricane Wilma and Hurricane Charley that have had devastating effects on the agricultural industry. And numbers that I'm seeing are 2.5 billion dollars in the State of Florida, including $760 million losses in the citrus industry alone. But all of our committee members stood strong, stood Collier strong because of the relationships that we built through the years, through working together, through events such as the Farm-City Barbecue, and we're proud to be here, and we're proud to stand together. One of the events that was lost because of Hurricane Irma was the Southwest Florida Lawn and Garden Show at the University of Florida IFAS Extension Office because of damage sustained during Hurricane Irma. At that event, normally Keep Collier Beautiful gives out about 3,000 trees, local trees, to area residents. When we heard of that loss, the Farm-City Barbecue stood up and volunteered to give away those trees as well. So in partnership with Keep Collier Beautiful and the National Wildlife Federation, Farm-City Barbecue will be giving away 3,000 Florida native trees at the Farm-City Barbecue this year, and those are free to anyone who comes in and joins in the event. We are also looking forward to donating back to growing our next generation of leaders. This event does not have any paid staff. We raise money in support of local leadership programs through 4H, Youth Leadership Collier, Junior Deputies, and Kiwanis Key Clubs. And we're expecting to give another 50- to $60,000 back into the community just through the support of our generous sponsor and the active engagement of our next generation of leaders. November 14, 2017 Page 19 So, Commissioners, I'd like to say thank you so much for your support. And we do have special parking designated for our dignitaries who are coming in on tight schedules, but we're assured by the City of Naples, and we've been coordinating extensively with the City of Naples. Their permitting staff, their community services, the Naples Police Department has lent their full support to the Farm-City Barbecue. And we will have signs directing where parking is available. And we have shut down a portion of Eighth Street to ensure that there is safety for those people that are walking and crossing between parking garages and around the park. So we're looking forward to a fun, safe kickoff to the holiday season. COMMISSIONER FIALA: How many people do you expect to greet there this year? MS. WOOLLEY: We're thinking because of the location, we could be getting 3,000 people. Our record number has been 2,400, and we had 2,400 out at the Seminole Casino last year out in Immokalee. So I think right now the pulse of the community is that we need to come together, and we need this sense of community and strength. And I think we'll have a strong support system there. Thank you, Commissioners. COMMISSIONER McDANIEL: Thank you. CHAIRMAN TAYLOR: Thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING NOVEMBER 2017 AS NATIONAL HOSPICE AND PALLIATIVE CARE MONTH IN COLLIER COUNTY. ACCEPTED BY REPRESENTATIVES OF November 14, 2017 Page 20 AVOW HOSPICE: JAYSEN ROA, PHYLLIS HALL, PAT MARTIN, KATHY SCHILLREFF, JACK FULMER, KIM BORSELLI, DR. CYNTHIA NEHRKORN, ANNALISE SMITH, MELISSA PHILLIPS, MARK BELAND, REBECCA GATIAN, KERRI ERVIN AND JOEL COZZALO – ADOPTED MR. OCHS: Item 4B is a proclamation designating November 2017 as National Hospice and Palliative Care Month in Collier County. To be accepted by the following representatives of Avow Hospice: Jason Roa, Phyllis Hall, Pat Martin, Reverend Kathy Schillreff, Jack Fulmer, Kim Borselli, Dr. Cynthia Nehrkorn, Annalise Smith, Melissa Phillips, Mark Beland, Rebecca Gatain, Kerri Ervin, and Joel Cozzalo. I hope I got most of those right. Please step forward. (Applause.) MR. ROA: Good morning. Madam Chair, Commissioners. On behalf of myself, Jason Roa, the President and CEO of Avow Hospice, our board of directors, our hundreds of wonderful volunteers here in Collier County and, of course, our staff who goes out day after day and provides care to all the residents of Collier County whenever they're in need, thank you very much for this recognition. Truly, it wouldn't be possible without the community for us to continually provide the care we've provided to Collier County since 1983, if it wasn't for the community support and the support of Collier County Government. So, again, on behalf of our entire staff, our board, all of our volunteers, we do truly appreciate this recognition. Thank you very much. (Applause.) Item #4C November 14, 2017 Page 21 PROCLAMATION HONORING MR. DANIEL POLLITT FOR ACHIEVING THE RANK OF EAGLE SCOUT. ACCEPTED BY DANIEL POLLITT, JEFFREY POLLITT, DANIELLE POLLITT AND PAM SHUDES – ADOPTED MR. OCHS: Item 4C is a proclamation honoring Mr. Daniel Pollitt for achieving the rank of Eagle Scout. To be accepted by Daniel Pollitt, Jeffrey Pollitt, and Danielle Pollitt. If you'd please step forward and receive your recognition. (Applause.) COMMISSIONER McDANIEL: Let me read the proclamation, Madam Chair. Photographer, I'm coming down front. Let me read the proclamation, and then I'll come down. And if I may, please, forgive me for sitting, Daniel Lee Pollitt has been involved in the Boy Scouts of America organization for 13 of his 18 years on this planet. Mr. Pollitt worked diligently to attain the rank of Eagle Scout, which is achieved by only 4 percent of every hundred boys that enter in scouting. Mr. Pollitt was awarded his Eagle Scout rank during the Court of Honor, a formal ceremony on May 16th. To achieve the rank of Eagle Scout, Mr. Pollitt had to earn at least 21 merit badges, demonstrate Scout Spirit, which he does all the time, and an ideal attitude based upon the Scout Oath and Law, service and leadership, and complete an extensive service project. For his eagle service project, Mr. Pollitt built and delivered 25 raised dog beds to Collier County Domestic Animal Services. His project promoted the health and wellbeing of animals during their stay while promoting the values of scouting in cooperation with the community. In addition to receiving the Eagle Scout, Mr. Pollitt, a member of Troop 25, was elected by his peers into the Scouting honor society called the Order of the Arrow, which recognizes those Scouts who best November 14, 2017 Page 22 exemplify the Scout Oath and Law in their daily lives. This recognition provides encouragement for others to live these ideals as well. Arrowmen are known for maintaining camping traditions and spirit, promoting year-round and long-term resident camping, providing cheerful service to others. The Collier County Board of County Commissioners values Mr. Pollitt's contribution to our committee -- to our community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County that Mr. Daniel Pollitt is hereby recognized and congratulated for all that he has done to make our community a better place. (Applause.) COMMISSIONER McDANIEL: And I'll speak from here for a moment, if I may. And I just want to say this. We recognized one young man who wasn't -- his parents wouldn't bring him out of school. All three of these young men I've been blessed to have had a small part in their scouting career. And I really appreciate you all coming today for this recognition. Congratulations to you; congratulations to you. I'll give you a hug. CHAIRMAN TAYLOR: Give him the proclamation. COMMISSIONER McDANIEL: Oh, yes, ma'am. There you go. Congratulations. MS. POLLITT: Thank you. (Applause.) Item #4D PROCLAMATION HONORING MR. EFEHAN TIMUR FOR ACHIEVING THE RANK OF EAGLE SCOUT. ACCEPTED BY EFEHAN TIMUR, SCOTT BEATTY, DEANNA BICKFORD, November 14, 2017 Page 23 RANDY ROSAL AND JAMES CUNNINGHAM – ADOPTED MR. OCHS: Item 4D is a proclamation honoring Mr. Efehan Timur for achieving the rank of Eagle Scout. To be accepted by Efehan Timur, Scott Beatty, Chief James Cunningham, and I believe your parents are here as well. COMMISSIONER McDANIEL: And that's correct. And while they're coming up, I'm going to read his proclamation, if I may. Is that okay? MR. OCHS: Absolutely. COMMISSIONER McDANIEL: Whereas, Efehan Timur has been involved in the Boy Scouts of America for the last seven of his 17 years on this planet. Mr. Timur worked diligently to attain the rank of Eagle, which is achieved by only four out of every hundred boys who enter Scouting. Mr. Timur was awarded his Eagle Scout rank during the Court of Honor, a formal ceremony on October 29th. To achieve the rank of Eagle Scout, Mr. Timur had to earn at least 21 merit badges, demonstrate Scout Spirit -- I can read and shake hands at the same time -- an ideal attitude based upon the Scout Oath and Law, service and leadership, and complete an extensive service project. For his Eagle project, Mr. Timur, a member of Troop 2001, built an additional canoe rack for the Greater YMCA of Collier County, donated three canoes, personal flotation devices and paddles which will assist to expand the aquatic program for children in youth programs. This recognition provides encouragement for others to live these ideals as well. Eagle Scouts are known for maintaining camping traditions and spirit, promoting year-round and long-term resident camping, and providing cheerful service to others. November 14, 2017 Page 24 Whereas, the Board of County Commissioners values Mr. Timur's contribution to our community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier, that Mr. Efehan Timur is hereby recognized and congratulated for all that he has done to make our community a better place. (Applause.) COMMISSIONER FIALA: Look at all the badges he's got; in the back, too. COMMISSIONER McDANIEL: Now I'll really shake your hands. Thank you very much. Congratulations. COMMISSIONER FIALA: And look at Bill Poteet back there like the Father Scout. COMMISSIONER McDANIEL: And I know we're supposed to talk into the mikes, but the Eagle Scouts, they walk among us. So few are ever actually recognized for the contributions that they make to our community, and it's such an honor for me to have had a small part in these young men's lives and their Scouting career. With that, let's all smile. There you go. Congratulations. (Applause.) Item #4E PROCLAMATION RECOGNIZING THE OUTSTANDING WORK AND EXTRAORDINARY DEDICATION OF COUNTY EMPLOYEES IN PREPARING, PROTECTING AND SAFEGUARDING OUR COMMUNITY BEFORE, DURING AND AFTER HURRICANE IRMA. ACCEPTED BY THE COUNTY MANAGER, THE COUNTY ATTORNEY AND THE SENIOR MANAGEMENT TEAM ON BEHALF OF COUNTY November 14, 2017 Page 25 EMPLOYEES – ADOPTED MR. OCHS: Item 4E is a proclamation recognizing the outstanding work and extraordinary dedication of county employees in preparing, protecting, and safeguarding our community before, during, and after Hurricane Irma. To be accepted by the County Manager, the County Attorney, and the senior management staff on behalf of the entire county employee team. (Applause.) COMMISSIONER FIALA: Now, we have to get the ones behind Jamie to keep between -- MR. FRENCH: I asked them to come up. COMMISSIONER FIALA: I heard you ask; that's why I had to say. COMMISSIONER McDANIEL: She's all right. She's got a hole right there. COMMISSIONER FIALA: I've got a hole right here. CHAIRMAN TAYLOR: No, she can't see you. MR. OCHS: Thank you. CHAIRMAN TAYLOR: On September 5th, 2017, our teamwork as Collier County employees was put to a test as the Governor declared all of Florida in a state of emergency with Collier County Hurricane Irma's mainland target. And with extraordinary dedication, Collier County employees placed duty above personal matters, exemplifying their professionalism in every department and division serving when and wherever needed. During mandatory evacuations, hurricane force winds, and encroaching storm surge, Collier County employees acted with courage and stamina day and night to safeguard our county. Following the storm, the damaged homes, fuel shortages, power outages, and compromised cell phone capabilities, employees stayed November 14, 2017 Page 26 focused on clearing roads, restoring utilities, and keeping in communication with frightened citizens around the clock. A grateful community is emerging from the trauma and destruction with renewed appreciation for the role the county government plays in their lives. And with great pride, the County Manager and department heads extend their heartfelt thanks for these outstanding efforts in supporting and protecting our neighbors, their property, and their businesses during Hurricane Irma. I also received a proclamation given to Collier County. I'm not going to read the whole thing, but it's from the City of Naples Airport Authority. And I'd like to read part of it because I think it's very fitting to be part of this procedure. Hurricane Irma made landfall with the eye passing directly over the City of Naples on Sunday, September the 10th causing substantial damage at the Naples Airport. Significant effort and resources were required to remove storm debris, initiate repairs, re-open the airport, and restore critical facilities and services for the benefit of our community in order to support emergency relief efforts immediately after the storm. And, now, therefore it is with sincere gratitude that the City of Naples Airport Authority hereby honors and recognizes the following organization for its exemplary response and support in providing valuable assistance with the recovery efforts at Naples Airport. And, of course, it is Collier County. (Applause.) CHAIRMAN TAYLOR: Congratulations. MR. OCHS: Well, thank you, Commissioners, for that very kind proclamation. We appreciate the support, and we'll make sure that that proclamation gets on our county website so each and every employee can download a copy and keep it right in their own office. So, again, thank you very much. That was very kind. It's our November 14, 2017 Page 27 pleasure to serve the community. With that, Commissioners, if I may get a motion to approve today's proclamations. COMMISSIONER FIALA: Motion to approve today's proclamations. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. OCHS: Thank you very much. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR NOVEMBER 2017 TO WOODS, WEIDENMILLER, MICHETTI, RUDNICK & GALBRAITH, PLLC. ACCEPTED BY JOSHUA RUDNICK, ESQ. AND BETHANY SAWYER REPRESENTING THE NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: That takes us to Item 5A. This is a presentation of the Collier County Business of the Month for November 2017 to Woods, Weidenmiller, Michetti, Rudnick, and Galbraith, PLLC. To be accepted by Joshua Rudnick, Esquire, and Bethany Sawyer on November 14, 2017 Page 28 behalf of the Chamber. And if you'd please step forward and receive your proclamation. (Applause.) MR. OCHS: Sorry. I did not announce Rachel Kerlick (phonetic), my apologies, and Susan Kuhar is here as well. Congratulations. MR. RUDNICK: Thank you. CHAIRMAN TAYLOR: Congratulations. (Applause.) Item #5B HURRICANE IRMA STATUS REPORT FROM DAN SUMMERS, BUREAU OF EMERGENCY SERVICES DIVISION DIRECTOR – PRESENTED MR. OCHS: Item 5B is a Hurricane Irma status report from Dan Summers, your Director of the Bureau of Emergency Services. Mr. Summers? MR. SUMMERS: Good morning, Commissioners. For the record, Dan Summers, Director of your Bureau of Emergency Services and Emergency Management. And I'm happy to be with you again, and thank you, again, for those very kind words this morning with the proclamation. I'll give you a brief update this morning. Certainly kind of a time warp for all of us. It seems like we've been working this issue for a very long time. And as I mentioned before, response is hard, and recovery is harder, and the team continues to work very hard in all of these areas. Today let me just quickly go over three key areas: Survivor and neighbor assistance, as well as debris removal, and see if you have any November 14, 2017 Page 29 questions or comments towards the end today. Again, the numbers for FEMA registration have climbed a little bit. Our last report to you, 69,000 people had applied for assistance in Collier County. That number now is 71,505. We continue to see a moderate amount of traffic at the Golden Gate Community Center for FEMA registration. I am working with FEMA and the State. I want that disaster recovery center to pay another visit both in Immokalee and Everglades City not only to give folks the last-minute opportunity for FEMA registration but to ask questions of the FEMA staff as they go through the FEMA assistance process. We want to make sure that you understand that FEMA, I think, has done a pretty good job in getting out some individual and family assistance; $8,530,000 have been made available for housing or other emergent needs in Collier County, and that's up from $7.1 million in FEMA assistance. Thirty-five families are in hotels out of -- outside of Collier County, and that's down from 62. That's a good trend. We hope folks are getting resituated back into the county. Ninety-five families were in hotels in Collier County, and that's down from 162. But at least those folks had an opportunity to catch their breath and are getting the additional housing options available to them. Housing inspections, if you'll remember, that was running way behind the curve with FEMA. It is necessary for a FEMA inspector to come out for some of this assistance program as well as -- assistance programs as well as temporary housing. 24,211 inspections have been completed. That's 94 percent of the 25,000 FEMA inspections that were necessary. So they did, in fact, increase the staff at our request and have done a much better job. This next bullet needs to be corrected on your PowerPoint handout this morning: 85 families are eligible for family supplied November 14, 2017 Page 30 housing; 22 have moved in. That's up from 17. As you know, I'm still not happy with the progress there, but I did speak with a housing coordinator at length yesterday, and this -- if you'll remember when I reported to you last, FEMA was -- had significant increases in their ability to pay rent to the fair market rental rate. And there was a hang-up, so to speak, on some of their lease agreements and utilities. That was corrected, and they expect to go full bore very quickly on this apartment rental program. So I'm counting on much, much bigger numbers next go-round as well as the trailer programs are still continuing. Twenty-one million has been provided for additional housing assistance and, again, that can be in the form of relocation, rental, and other lease options. It's important to make sure that we remind folks that FEMA has to have a method for validation. That's their inspection process. And the home damages that people experience must be disaster related. We're seeing where folks are making FEMA applications, but deferred maintenance is not something that they can address. It has to be specifically storm related, and sometimes that causes a little bit of confusion, but we think they're working through those challenges. The last is a great opportunity and speaks well of our private non-profit efforts in the community. Salvation Army, Catholic Ministries, Red Cross, Immokalee Interagency participants, United Way, and the Community Foundation of Collier County are really expanding their client assistant services. Salvation Army, as you know, has opened up a disaster assistance center across the street. They are working in partnership with FEMA and other agencies to provide some direct client services, and that system is getting better and stronger every day, and we can't say enough about the generosity of the community and the generosity of the United Way and Community Foundation to help make some of November 14, 2017 Page 31 these resources available. So there's a lot going on in the scenes that our local nonprofits know these clients and can provide some excellent services. I want to stress the FEMA aid process and what's necessary. And, again, it's important that when you make the telephone call or you log into this disasterassistance.gov or go to the disaster recovery center that you have this information available to you. We're running down to the time window for FEMA registration. We've had one extension. I doubt seriously we're going to get another. November the 29th is the last day for FEMA registration. That will include both online as well as by telephone and in person. And FEMA is not -- their folks are going to now take a little bit of a break, and they will no longer be open on Sundays through the rest of their tour, but they will be open six days a week for these disaster recovery centers. Just a friendly reminder what to expect. Again, we continue to hear where folks are getting calls from FEMA but are not returning those calls. It's real important to stay with that process, work through the SBA applications that are provided to you, and make sure that you close the loop with FEMA in order to get that process started. And, again, these disaster assistance centers can help with questions and concerns that folks may have along the way. Let me jump into debris removal real quick. And I know that there's a new report this morning, so my slide was done on November the 12th. 2.6 million cubic yards of horticultural waste. Running somewhere around 190 to 197 trucks every day. Just a phenomenal effort, in my opinion; 55- to 65,000 cubic yards of debris are being picked up every day. And now it's starting to -- it will get a little bit harder as some of these more difficult loads are going to be out there, as well as the stumps and the leaners and some of those other things. But, again, a great spirit of attack as far as I'm concerned. So, again, some of the activities; you'll notice I've got that November 14, 2017 Page 32 chainsaw in the picture there. What's going on now are some of the challenging debris removal activities. And Dan Rodriguez's team and AshBritt will continue to step up to hit some of these next -- this next line of challenges with the cleanup. The debris sites, I won't -- those are standard. Nothing has changed, I believe, with the exception of the Immokalee transfer station. I don't believe we clarified that that was closed on Sunday, nor the Carnestown recycling center also closed on Sunday. And everyone seems to have a pretty good understanding now of our debris sorting and our mission and our piles, how that's worked together. Two other things are in the loop here, of course, to -- as you know, there's quite a challenge with FEMA in working with gated communities. I think we have excelled with that with the modification to the emergency management ordinance which addressed that, as well as the right of entry process and, certainly, good damage assessment and good estimate information that went into FEMA. And that's quite a challenge, and that approval has been provided, as well as that necessary effort to get right-of-entry forms signed that our debris monitoring contractor is helping the team with. So that's a real quick overview. I wanted to see if you had any other questions or concerns that I could help you with this morning. Commissioner? CHAIRMAN TAYLOR: Commissioner Fiala. COMMISSIONER FIALA: Yes. I just heard some sad stories coming out -- we have a lot of mobile home parks in the East Naples area, and a lot of them are the lower income seniors. And their only investment -- they live there year-round. Their only investment was their trailer, except there's nothing left of it, and they're hauling them away right now off these pieces of land. But because they don't own the land underneath, they have nothing to even try and get a loan with. I know that we have dollars that come into our Housing November 14, 2017 Page 33 Department as well as we had $3 million to help people. Will that be available to people like this who really don't have anything and they would need at least down payment assistance in order to put a new trailer on that piece of property? MR. SUMMERS: Ma'am, it's my understanding that the best route for that is that SBA loan, and that SBA loan is very, very minimal in terms of interest rates, seems to be relatively easy to qualify for. So that's the direction that I have. We'll be glad to research and see what other options might be available. COMMISSIONER FIALA: Yeah. We give $30,000 to people as a down payment assistance when they have that much in a bank account so -- on, you know, affordable housing. So I would think that we should have money available to these people. MR. SUMMERS: Well, other programs, other things such as other HUD or CDBG, sorry, I'm not familiar with what those options are. But, again, let me encourage these individuals, don't give up on that FEMA process. It is a little frustrating. There is a little bit of paperwork involved there. But that may, in fact, even for a renter, still be another option with them to consider for the purchase of that trailer. MR. OCHS: Commissioner, if you have any contact information, if you'd please get it to me. I'll make sure that we reach out to them and -- COMMISSIONER FIALA: I would love to. MR. OCHS: -- make sure that we coordinate every opportunity for assistance. COMMISSIONER FIALA: Great. I think that we would -- you know, you would be, like, riding in on your white horse. MR. OCHS: Yeah. We're very happy to do that. MR. SUMMERS: Absolutely. MR. OCHS: Just -- any other commissioners that have a name or contact information, if you can send it to me, and we'll coordinate it. November 14, 2017 Page 34 COMMISSIONER FIALA: Okay. MR. SUMMERS: Thank you. MR. OCHS: Madam Chair -- oh, I'm sorry. COMMISSIONER McDANIEL: My light's still on. MR. OCHS: I didn't see your light. COMMISSIONER McDANIEL: I wanted to say that both Leo and Nick have been very good with me with specific requests. The information -- when someone has a specific request, our staff's done an amazing job. So if anybody does have a specific need, direct it to your commissioner, and we'll make sure it gets through the proper channels. And I do know that there is some large federal money coming, been appropriated by the Congress for CDBG funding which can be utilized as a portion of the housing mission. We had a meeting over in Immokalee, I think two weeks ago, with regard to that, so there is -- the white horse is trotting. I have a couple of questions -- a couple of questions with regard to debris. And I don't know if you're ready to answer, or if you want to bring Dan up. MR. SUMMERS: Let's bring Dan up. We'll phone a friend here. COMMISSIONER McDANIEL: Are you scared? MR. SUMMERS: No, I'm not scared. MR. OCHS: Madam Chair, while he's coming up, I know that we did have three citizens that wanted to speak on this subject. Under your rules, you don't take comment under presentations. The next item is public comment. We could roll them right in here, and it will fit with this conversation. But it's related, I think, to debris removal and some other things. CHAIRMAN TAYLOR: Right after, good. MR. OCHS: So when the Board's done, we'll just move to public comment and get them up first, if that's all right with you. CHAIRMAN TAYLOR: Yes. No, that's -- unless I have an November 14, 2017 Page 35 objection. No. COMMISSIONER McDANIEL: I think that's a good idea. CHAIRMAN TAYLOR: We're looking forward to it. COMMISSIONER McDANIEL: All right, Mr. Dan. I have three things. First off, are the transfer sites still receiving debris from private individuals at no fee? MR. RODRIGUEZ: We are, Commissioner, from private individuals. COMMISSIONER McDANIEL: And would you name those transfer sites? Can you? I think there's two. MR. RODRIGUEZ: There's two of them. There's actually the one in Immokalee, the transfer site there at the Immokalee landfill that's been closed. We also have a site at the CVS at Santa Barbara and Davis, and we have a monitor there. So when you do come with the debris, they check your load, they get your information, and then they let you dispose of it for free. COMMISSIONER McDANIEL: And, very specifically, it's a matter of asking questions that you already know the answer to. But I just wanted to be very specific. Do not look like a commercial hauler or someone that is doing commercial debris cleanup as a private resident. So don't even look like one when you're coming there with the debris from your own home. But the fees -- the transfer fees are, in fact, waived. MR. RODRIGUEZ: That's correct. Great recommendation. COMMISSIONER McDANIEL: Number two, how many rounds of pickup are we scheduled to, in fact, do? I've been getting a lot of questions with regard to that. And I know there's still a lot of residents that have yet to have their debris picked up from the original storm event, and now those that have been picked up are seeing new material coming out. How many rounds are slated for the debris removal? November 14, 2017 Page 36 MR. RODRIGUEZ: There's actually three slated for the debris collection. COMMISSIONER McDANIEL: Okay. MR. RODRIGUEZ: As you stated, we're getting close to the end of the first one, but we still have areas that we still have to do that first collection pickup, and then we'll start our second, and then the third, we'll probably be picking up hot spots where we might have missed someone or someone -- we're still getting a lot of snowbirds coming down, and so we want to be patient. COMMISSIONER McDANIEL: Those are our northern residents. MR. RODRIGUEZ: The northern residents. Being a former Michigander, I can relate. But absolutely. We'll have -- we'll make sure we give them the opportunity to put their debris out. In fact, I got a couple texts from a couple people asking, hey, don't forget about us. COMMISSIONER McDANIEL: Right. MR. RODRIGUEZ: Three. COMMISSIONER McDANIEL: And I've just been hearing it's very sporadic with the pickup. They're coming down half a street and then not coming back to get the other half. And, again, as I said, there's still a fairly large portion -- and I know we're working our way from the urbanized area out, but there's still a fairly large portion that have yet to even have the first round. And I'm already getting questions how many rounds we're actually, in fact, going to do. So thank you on that. Last, but not least, and probably the most contentious point is these transfer sites where we are taking debris. Are we grinding at every single one of those transfer sites? MR. RODRIGUEZ: We are, Commissioner. So your main five sites, we have grinders there, and the goal is to reduce that material. It's a reduction from four to one, and to get it out as quickly as possible November 14, 2017 Page 37 so that we can get back to recovery of that site. COMMISSIONER McDANIEL: Okay. I've had several people over in Waterways that -- our winds have been coming out of the northeast in the recent past. Wonderful weather, but not so good for dust and debris that's generated by the grinding operations are flowing over into those residential neighborhoods. And, as a request -- and I understand it's an arduous task, but it's a seven-day-a-week operation, daylight till dark, basically, and if there's any way to manage that so that it's a little let arduous on the residents that are close as much as can be done. It's a difficult -- when you're the one that's sitting across the bushes and your pool's being -- and cars and vehicles, and there are issues that travel along with that from potential debris and such, it's -- relatively speaking, it's going to be over soon, but everyone is participating equally where these transfer sites have been located. MR. RODRIGUEZ: Absolutely, Commissioner, and we'll put more resources to it and certainly work with the neighbors and make sure we keep the noise down as much as we can and also the dust. We do have water trucks on all the sites. We have people that monitor the safety operations. So we're all ears. If there's anything we can do better, we'll certainly do our best. Thank you. COMMISSIONER McDANIEL: Particularly the one out at the fairgrounds has had quite a bit heading into the Waterways subdivision. So if we could ramp that up a little bit, that would be a big help. MR. RODRIGUEZ: Sure will. CHAIRMAN TAYLOR: Oh, Mr. Solis. COMMISSIONER SOLIS: Dan, just, again, for purposes of educating the public, can you go through what's required for the gated communities to have pickup of the debris. That seems to be the biggest issue, at least in my district and, if you can, talk a little bit about condominiums that may have gates. I think there's a lot of November 14, 2017 Page 38 confusion out there. It might be gated, but if it's a condominium community, then there might be some difference there on how it's being dealt with, right? MR. RODRIGUEZ: Absolutely. As you know, there's over 440 gated communities in Collier County. A little more than half of those still have debris in them where they haven't collected. They wanted to wait for FEMA to get the approval. So about two months ago, thanks to the Chairwoman, we sent a letter to FEMA asking them to get approval to go into gated communities, because the guidelines under FEMA are very strict. And Dan Summers can tell you all day long, you don't want to pick up one stick unless you want to pay for that. This debris mission's going to cost between 77- and $100 million. So everything we can do as the guidance from the County Manager and the Board to get those dollars back, we need to follow their paperwork. Part of that paperwork is to get a release from the gated community homeowners association that holds the county and FEMA harmless. It's a requirement and -- in order to get reimbursement. So once we get that release from the gated community, we go in and assess the amount of debris, and then we allocate the resources. And that's been working fairly well. A lot of gated communities wanted to be first out of the gate. We're working through that. We're probably in about close to 80 of those gated communities now, and we'll move into the rest as the weeks continue. Absolutely. COMMISSIONER SOLIS: And is there any difference if it's a homeowners association as opposed to a condominium? MR. RODRIGUEZ: No. It's considered a gated community or if it's private property -- I'm sorry. Gated community or private road. We can go into the private roads and we can go into gated communities. So if it's a homeowners association or it's gated, we just need the release. So there's no difference. November 14, 2017 Page 39 COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: And just for point of clarification, I had nothing to do with this. It was the guidance and the leadership of County Manager Ochs and his team that, from the beginning -- as soon as that storm was coming in, the concern was, how are we going to do this? How are we going to make sure that FEMA reimburses us? How are we going to manage this incredible storm that's coming in? You just told me what to sign, and I signed it. So your leadership is extraordinary. Thank you both, all of you. COMMISSIONER FIALA: Hear, hear. (Applause.) COMMISSIONER SOLIS: And I would just like to make -- and this is just a general suggestion, and maybe this is already being done. But the presentation that Dan just gave and the answers to your questions would be a great thing to have to YouTube or something for the public to be able to find very -- I know it's on our website, but if there's another way to get that out there in a format that people can see, I think that might be helpful. MR. OCHS: We'll do it. We'll do it. MR. CASALANGUIDA: Dan, if you could, we're getting a lot of calls about drainage easements. And just touch on that real quick, if you could, too. MR. RODRIGUEZ: Absolutely. We're probably moving the fourth phase of this program, and that's to start cleaning out some of the drainage areas, the canals, things like that. So working with our contractor, as well as with our FEMA representatives, we're identifying those canals that the county's responsible for, that the state's responsible for, as well as South Florida Water Management District, as well as the Coast Guard and laying out a game plan and resources to get to those. So you should see that begin, as Nick outlined, probably within the next two weeks. November 14, 2017 Page 40 COMMISSIONER FIALA: Does that mean, like, the storm drains, too, that are next to the curb? MR. RODRIGUEZ: That's correct, the swales that have filled with sand and silt and things like that. So we're working directly with Travis Gossard and the transportation group, identify all those, because that all costs money and, again, FEMA does have reimbursement programs for that. COMMISSIONER McDANIEL: And, Madam Chair, just one quick comment, if I may. Mr. Dan, would you please repeat the discussion in the gated communities and the differentiation between association-owned properties and private residents. Because, if I recall, there was differentiation in those with who was responsible for that debris removal. MR. RODRIGUEZ: Sure. If you're in a gated community, under the normal guidelines from FEMA, you have to get their permission to go in there to remove debris. So we have to first get FEMA's approval to go in and collect, and then, of course, we've got to comply with their form to do that. If you're a private resident, own private property, you have a public road, under their current guidelines, we can collect that as a normal business. COMMISSIONER McDANIEL: And how about the association common areas? MR. RODRIGUEZ: Because it is in the gated community, you have to be careful. If there's country clubs, common areas, golf courses where you have damage from trees, those properties are insured, and FEMA requires that you go through the insurance company. But if it's a single-family residence in a gated community, those are eligible for collection. Great point, Commissioner. Thank you. November 14, 2017 Page 41 COMMISSIONER McDANIEL: Thank you, sir. CHAIRMAN TAYLOR: Dan Summers, please. I got a call, perhaps it was last week or the week before, where Department of Children and Families was distributing SNAP, extraordinarily, forgot about -- food stamps -- not in Everglades City, not in Immokalee. In Fort Myers in Lee County. And I'm understanding they're not going to come back. And there was one resident apparently from Everglades City who spent seven hours only to be turned away. It was two hours up there. He waited in line. It started to rain. They folded the tents and they went home. COMMISSIONER McDANIEL: And left him standing in line. CHAIRMAN TAYLOR: Left him standing in line. And I'm understanding -- I did appeal to Senator Passidomo's office, and she went and talked to them, but is there any possibility of them coming back to Collier County where the eye of the storm was? MR. SUMMERS: I also was aware of that and also made my complaints and frustration, notified state EOC about that and asked that to be revisited. I have not yet gotten a reply as well for an additional offering. But it's my understanding, if it's not in place today, it's being looked at that the Salvation Army center that is opening up across the street will have an application location. So let me confirm that. But it was my understanding that they were going to try to make a service center available for that. Now, obviously, the other applications and the other assistance programs are still in place. It's just that we don't have that regional delivery. We asked for that in Immokalee, we asked for that in Everglades City as well. Maybe we can go back and revisit another option again. But I was keenly aware and not happy with that service delivery. I think Representative Passidomo's help would be appreciated, and I'll double-check with Salvation Army and see if that service is going to be made available. November 14, 2017 Page 42 CHAIRMAN TAYLOR: Thank you. Thank you very much. MR. SUMMERS: Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, if we may move on, then, to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chair, I have four registered speakers on this item. Your first speaker is Shirley Cothran. She'll be followed by Mary Ann Dobson. COMMISSIONER McDANIEL: Right there. MS. COTHRAN: Where do I need to be -- MR. MILLER: I'll play it. MS. COTHRAN: Okay. Hello. We are all grateful that we have survived the worst storm that ever formed in the Atlantic. The electricity's back on, the streets are passible, and most houses are at least temporarily patched up. We feel for the people who were still struggling to get back into their homes. But overall, Collier County has returned to a new normal. In spite of all the preplanning and spontaneous problem solving, there's a small group of people for whom the new normal has turned into a new disaster. A sawmill is squatting on the park line that is adjacent to our neighborhood right next to our backyards, and our neighborhood is Waterways of Naples. We understand that there's a huge amount of debris, and it must be deposed of. And the method they've chosen to dispose of has resulted in some unintended consequences. They would not have intentionally created the situation that exists. They would -- if it could have been foreseen, November 14, 2017 Page 43 they would have taken measures to alleviate the problem. And the problem is, one, the noise coming from the grinders or the chippers is 24 hours, seven days a week -- not 24 hours, I'm sorry, 12 to 14 hours. There is dirt and dust, but that is only the canary in the mound. The real problem is the airborne contaminates that we can't see that, if the dirt and dust is there, there probably is other things resulting from everything that was in the debris that was chipped. We are a community of all ages, from small children to people in the late '80s and '90s. Unfortunately, some of our residents are not in the best of health. One of our neighbors cannot be here today because he had to go to Tampa to have his brand new lungs checked out, and he is very concerned that he is breathing in mold and other things into these new lungs that have been such a Godsend for him. Everyone with COPD or asthma or other respiratory problems have the same concerns. If you could bring up the one slide, the picture. MR. MILLER: All I had was the video. MS. COTHRAN: Oh, okay. Our areas could fit -- the area affected could fit in this complex. It would be as if, when you walk back and forth to this building, there was a sawmill over on the other side of the courthouse with all this going into the air. What I would like you to hear is what it sounds like to these residents, and I would like any help you can give. COMMISSIONER McDANIEL: We heard it. The volume that went loud, but -- and I do have a thought -- MS. COTHRAN: Okay. I thought I heard something in the background. But anything you can do to help alleviate it. There's a couple other speakers. I hope I'm not stealing their thunder. One suggested maybe moving things a little bit to another location. Thank you. November 14, 2017 Page 44 MR. MILLER: Your next speaker is Mary Ann Dobson. She'll be followed by Denise Raisor. MS. DOBSON: Good morning, everyone. I came in this morning to represent my husband and I and other neighbors in Waterways of Naples. My husband has COPD and respiratory problems as well as a spot on his lung that they monitor constantly from year after year. So he is at risk with a lot of the debris that's in the air that he's breathing in, and we don't know for sure if there are mold spores in this debris that they are moving around and chipping and mulching. So he's having to monitor that very closely right now, especially with the debris in the air. I have been down with a sinus infection and a lot of respiratory problems myself in the past couple weeks, and it's been really rough. But we try to stay in as much as possible because that obviously keeps things at a minimal with us. I speak for probably a lot of the neighbors that are especially in the 600 block of Grand Rapids in Waterways. And right around the corner from where I live, the street kind of turns and goes into a cul-de-sac. Well, we're right around the corner from where all that is going on. And so I have -- I've stopped sitting outside on my lanai. It's not enjoyable anymore because we go outside, and all we hear is that noise constantly from daylight to dark, and we're just not getting any break from it at all. And I used to enjoy my lanai. And I know it's going to be over, hopefully, in the next few months; however, I would like to just express my concern for myself, my husband, and my family. We have family coming in for the holidays, and I don't look forward to that going on every day while my family is here. So hopefully -- you know, the holiday will come and go, and everyone will be happy. My biggest concern is a lot of the people November 14, 2017 Page 45 within Naples, their debris is gone, so they're happy about that; however, out of sight out of mind. Once it's gone, they're happy, however, it's been brought to our back door. So, you know, we just kind of would like to -- I don't know if there's anything anyone can do, but at least consider. COMMISSIONER McDANIEL: Thank you. CHAIRMAN TAYLOR: Thank you. MS. COTHRAN: Thank you. MR. MILLER: Your next speaker is Denise Raisor. She'll be followed by Moise Alexis. MS. RAISOR: Good morning. Thank you for listening. In September this year my family and I made the decision to leave our home for our safety and well-being due to Hurricane Irma. We left for a little over a week and came home to a house that was still standing and in need of extensive repair. After weeks of hard work, we were able to put our home back together and return to some sort of normalcy, except it wasn't normal. I live in Waterways, by the way. Days after the storm, Orangetree -- the orange trees behind my home were ripped out, and hurricane debris came in. Mountains of debris. Now, once again, my family and I are preparing to run from our home for our safety and well-being. You see the trucks deliver debris all day. We can hear them coming and going as early as 4:30 in the morning. The high pitch of unmuffled diesel engines and inevitable beeping as they back up and make turns, the screech of backhoes that move the debris around and lift it from the trucks is all day. I know every sound because I lie in bed only a hundred meters away from wondering how much sleep I'll get tonight. Around 6:30 a.m. the grinding machines start their work. They grind 12 to 14 hours a day, seven days a week. There is no relief from November 14, 2017 Page 46 the loud, relentless noise that's been going on for two months and is estimated to last at least another three and, physically, I can't last that long. In addition to the noise, the grinding machines are so close that they send a continuous shower of dust debris. My home is covered in it. My windows are caked. We've power washed and vacuumed to no avail. We simply can't keep up with the amount of dust. We're not able to use our outdoor space. There is no enjoyment of my home. Can't open our windows or doors. The good weather's coming. My daughter has complained of a headache daily for two months. After several trips to her pediatrician, he is concerned that it might be mold spores rotting in the vegetation behind our home. I, for the last two weeks, have been waking with a wheeze. For health, we are going to have to leave our home that we love. The Occupation Safety and Health Administration has guidelines for the exposure to noise and dust. Dust and fibers are solid particles that are formed degenerate from solid materials through mechanical processes such as grinding. Biological hazards includes fungi, which are molds, that are responsible and can cause acute chronic infections. They have computations for noise exposure. If I was at a work site, according to the guidelines of OSHA, I would be required to wear a mask and earplugs all day, except this is not a work site. This is my home. Yes, you'd think the Collier County laws ordinance (sic) have put in place to keep citizens safe from harm were to protect me and my family. The Board of Commissioners has found and determined that noise level emissions in excess of their requirements established by their articles are potentially harmful and injurious to the public health, safety, and welfare and reasonably interfere with the enjoyment of life and property in the county. If you want to look it up, it's Section 5485. November 14, 2017 Page 47 CHAIRMAN TAYLOR: Thank you. Thank you very much. I'm sorry, your time is up. MS. RAISOR: May I please finish? COMMISSIONER SAUNDERS: Madam Chair, I know it's a little bit unusual, but we've got what appears to be a very substantial problem. I'd like to hear, if it's okay with the Board, the rest of what she has to say even though it's beyond the seven minutes or -- MS. RAISOR: It's not much longer, I promise. CHAIRMAN TAYLOR: Okay. All right. MS. RAISOR: Thank you. Section 04-41 states that on-site use of equipment and materials shall not create or produce excessive noise or dust. These are county ordinances. There are laws that -- these are laws that I am not entitled to simply because the county is still working under a declaration emergency, except that the declaration clearly states -- and it was enacted to protect public health, safety, and welfare. Where is my protection? Where is my family's protection? The county's asking for my patience and understanding. They have told me to understand -- that they understand the difficulties the site has created. I ask myself, do they? Do they really have any idea what's going on out here? The Florida Department of Environmental Protection guidelines clearly state that there must be some method to control the off-site migration of woodchips, dust, and other debris from the disaster debris management site, or the DDMS. There is none. The site must be located within -- must not be located within 50 feet of a natural or artificial waterway. It runs alongside one for several hundred yards, just feet away. CHAIRMAN TAYLOR: How much longer, ma'am? MS. RAISOR: (No verbal response.) CHAIRMAN TAYLOR: Okay. November 14, 2017 Page 48 MS. RAISOR: I have asked for and been rejected for noise evaluation, a pollution evaluation, and violation of county ordinances. I understand the need to clean up the debris, but it should be done safely for all county residents. I believe the noise and dust are excessive, well beyond what the county expected or anticipated, and they deprive me and my family of basic human rights to safety in my own home, our health, and our welfare. The county has asked for my patience. I ask for reprieve from the county. Thank you. Sorry for the length. MR. MILLER: Your final speaker under public comment is Moise Alexis. MR. ALEXIS: Good morning. CHAIRMAN TAYLOR: Good morning. MR. ALEXIS: Good morning. COMMISSIONER McDANIEL: Good morning, good morning. MR. ALEXIS: All right. My name is Moise Alexis. I'm here on behalf of me and my community. We could start by, if you look around in the room here, where is us? We probably doing landscapes. We probably working in the old homes. We probably doing the job most won't do to help the community move on. But are we important? I'm here because of police misconduct in Naples, Florida. I believe we have a lot of racist or prejudiced officers working in our city, and we tolerate them to brutalize us and -- sorry I stumble when I talk -- and violate our constitutional rights. Because I've read a police officer's job is to protect and serve the community, not going into our homes without permission. Instead of finding what the problem is, they start to scream and yell to make it seem like we're the problem. They all in my bedrooms without permissions. And when I go to make a complaint in the police station about a cop, they don't want to take a police report or complaint. So we have to end up going to internal affair. November 14, 2017 Page 49 So I have a problem with this guy named Melendez. Teddy Melendez, he work for the county jailhouse. He's a sheriff now. He's been a problem before me and after me. And it's hard for guys like me to get a lawyer to work on our behalf. And the city's tolerating this guy. And also we have young good officers that's coming in that know the law, that study the law, and know that their job is to protect and serve, and they have to go under a guy like Melendez which could cause fear and them to follow -- I don't even call him officer -- a guy like Melendez. I don't think he should be a cop in the city or anywhere. So that's why I come here. I was told that you guys are in charge of that. So if we may, maybe take some time in private where we could talk about this. This started from a DCF case that I have. A woman came to my house with no ID, and when the police came, she was already gone. She opened a case on my wife. They switched it on me, I guess, because I had a case. When the case was dropped, the racist judge, Judge Krier, said, no, no, no, I'm taking the kids, and hit a hammer to take my kids to Youth Havens, illegally. I call it kidnapping, you know. And if you go to family court and see who is targeted up there, it's mostly Haitian immigrants, Hispanics, or interracial couples. So as the city, we should look into that so we could make a difference and start balancing things because we are as important as they are. CHAIRMAN TAYLOR: Thank you. Thank you very much. MR. ALEXIS: Thank you. COMMISSIONER McDANIEL: Mr. Moise, where do you live? MR. ALEXIS: I live in Naples, Florida. COMMISSIONER McDANIEL: I understand. That's a big town. Where do you live? MR. ALEXIS: I live on Pine Cone Lane off of Radio and Davis. November 14, 2017 Page 50 COMMISSIONER McDANIEL: Okay. Thank you, sir. MR. ALEXIS: And, you know, I'm letting you know that a lot of people don't like to come here because they don't want to be targeted for telling the truth. COMMISSIONER McDANIEL: I understand, sir. Thank you. MR. ALEXIS: All right. COMMISSIONER McDANIEL: Yes. MR. MILLER: Madam Chair, that's all your public speakers for today. COMMISSIONER McDANIEL: My light wasn't on for him, Madam Chair, by the way. It was for the others. I see you shut it off, though. So I do want to speak, if I may. I don't want to jump in front of anybody. But was I first? CHAIRMAN TAYLOR: You're first. COMMISSIONER McDANIEL: Okay. Mr. Rodriguez or Mr. Yilmaz, either one, please. You know, we talked about this. And I want the folks to know in Waterway that we are very well aware of an issue. And the video that played there, I have quite a bit of experience with heavy equipment operation. And working in close proximity to residential areas, I'm very familiar with MSHA and OSHA regulations and those backup alarms that travel with heavy equipment operation. The specifics with regard to that is that backup alarm needs to be audible over the drone of the motor so that anyone in the path of the machine that is backing up can, in fact, hear it. It does not need to be audible three miles away. And I have been very successful in muffling those simply with duct tape to be able to conform, and I actually brought the OSHA and MSHA people to the facility and muffled those backup alarms to assist with the noise mitigation. And then, of course, as you heard, the other portion is as far as reducing or eliminating the dust is imperative. November 14, 2017 Page 51 DR. YILMAZ: Thank you, Commissioner. For the record, George Yilmaz, Public Utilities. We're all ears, and I did hear what our customers' saying, and my team does the same. I want to have a general answer that will cover most, if not, above and beyond concerns that we did hear today and we've been hearing. We'll do everything we can working with our contractor to address those concerns, minimize; where we can eliminate, we'll eliminate; working with our Risk Management Department, our OSHA compliance department, our contractors compliance department; and we'll do everything we can to make sure that we're addressing those concerns and, if needed, through our County Manager's Office, we'll give you a back brief and report actions that we are able to take under the rules of engagement all the way from OSHA, our ordinances, contractual agreements, and our operations being simply temporary and emergency response. COMMISSIONER McDANIEL: And with respect to that, I'd like to let the folks know that live in Waterways I will communicate directly with our homeowners association to pass on the information as it, in fact, comes to me. I don't know where that other lady went that -- oh, I see you. But I just -- I'll be -- I'll report directly to you, to the homeowners association as opposed to trying to go reach out to, individually, the residents of the neighborhood as our staff comes back to me with their information. MS. COTHRAN: I'll pass it on. CHAIRMAN TAYLOR: All right. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you. I want to echo what Commissioner McDaniel has said concerning these neighborhood issues. One of the speakers indicated that perhaps the chipping operation could be moved somewhere where the debris would not affect a November 14, 2017 Page 52 particular neighborhood. I just want to indicate my strong desire that we not do harm. COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: As a matter of fact, we had Boy Scouts here this morning, and one of their things is, when they go camping, they can do no harm, and -- COMMISSIONER McDANIEL: Leave no trail. COMMISSIONER SAUNDERS: -- leave no trace. I know if it was my house, I'd be very, very concerned. This is not blaming anybody. This is -- you know, we've got a serious problem that we're dealing with in terms of dealing with the debris. It's got to be chipped. It's got to be processed. Let's see if we can find a way at these different locations to avoid the impacts on the neighborhood but, in addition, if we're causing some damage -- you know, there was an indication that one of the -- one of the young ladies indicated they've been pressure washing their home trying to clean this up. Well, this is a mess we're making, and so we should assist them in that. And so if we need a budget for that, I think the Board would be more than willing to make sure that we're minimizing the impacts on the neighborhood. So I just want to reiterate this is something that's very important. A report in two weeks, that's not really that helpful. You can give us a report via email over the next couple days, and let us know what kind of an action plan we might have. Again, not criticizing anybody, but we've been advised that we have a very serious problem, and I want to see some diligence in terms of solving it. MR. RODRIGUEZ: Absolutely, Commissioner. Dan Rodriguez, your Deputy Department Head. Being a former Boy Scout, I hear you loud and clear. I will make it a point -- we've worked with Mrs. Cothran for years, and we have a very good relationship, good November 14, 2017 Page 53 neighbor policy on some of our projects. So I'll make it a point to meet with the homeowners association. We'll see about relocating, moving some of those grinders away from the edge of the property. We'll add more water suppression systems so that we can keep that dust down, and we'll see if we can shorten the hours of operation by maybe bringing on another grinder and doing less in the morning, less in the evening, and giving them a sunrise and a sunset that they can enjoy. COMMISSIONER SAUNDERS: Anything you can do would be appreciated. MR. RODRIGUEZ: You've got it. COMMISSIONER McDANIEL: If I might ask a question of my colleagues. When we started this process, I asked how many transfer sites we, in fact, had and asked if there was mulching and that like of operation going on. Are any of you hearing from your constituents with regard to noise, dust, and the like? Because there's seven of -- I think Dan said there was seven different sites that this activity's going on. COMMISSIONER SAUNDERS: This is the first I've heard of any issues. COMMISSIONER McDANIEL: Okay. CHAIRMAN TAYLOR: I haven't heard, but I can tell you what I have heard. I've heard from folks in Commissioner Saunders' district and in your district who are extremely concerned about the debris lying around, not for cosmetic purposes, not because it's a mess, because of fire. COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: So it is incumbent upon the county to get this debris in these sites and to grind it as quickly as possible. And so please know that, as hard as this is, and you think this is never going to end, there is an end to this for two reasons. First of all, because they're very efficient about what they do, but also because we're November 14, 2017 Page 54 coming into a dry season, so -- and I think you're very aware of the impact of -- MR. RODRIGUEZ: What happened last year. CHAIRMAN TAYLOR: -- what debris lying around could possibly do, so... COMMISSIONER FIALA: I too have gotten letters about that. We have a grinding process over on Manatee Road and the piles as well, and I have heard about just the fear -- not "just," but about the fear of fire. CHAIRMAN TAYLOR: Fire. COMMISSIONER FIALA: Yeah. The rest of them are just battening up the hatches, closing the windows, and staying inside. They realize it's something that they have to live with. They don't really like it but, you know, you've got to get rid of that debris. CHAIRMAN TAYLOR: We just need a really good rain. It would help a lot. COMMISSIONER SOLIS: Yeah. I've received emails and calls about the grinding up at Wiggins Pass. I mean, it's -- COMMISSIONER McDANIEL: So have other people. COMMISSIONER SOLIS: I don't know that it's -- it hasn't -- the emails I've received haven't sounded as bad as the situation we heard about today, and maybe there's more -- I think there probably is more distance than the situation we're talking about today. But I agree with the other commissioners, you know, we have a huge challenge, but we have to do it in as least an impactful way as we possibly can, so whatever we can do. CHAIRMAN TAYLOR: Thank you. MR. OCHS: Yes, sir. We'll have your report by the end of the week. CHAIRMAN TAYLOR: And if that's all the discussion, we'll take a 10-minute break for our hard-working court reporter. November 14, 2017 Page 55 (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. CHAIRMAN TAYLOR: Thank you, County Manager. MR. OCHS: Yes, ma'am. You have a time-certain at 11:40, but I understand -- I'm sorry, 10:40. But you had another item you wanted to try to -- CHAIRMAN TAYLOR: Yeah, I'd like to -- with due apologies to the time-certain, I'd like to hear the public hearing with the Cleary, public hearing, please, the advertised public hearing. COMMISSIONER FIALA: What'd you say? Item #9A ORDINANCE 2017-44: A REZONE FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CLEARY RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 63 RESIDENTIAL DWELLING UNITS OR 200 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 8.99± ACRES. [PUDZ-PL20160001985] – ADOPTED CHAIRMAN TAYLOR: We're going to do 9A. Forgive me. MR. OCHS: Yes, ma'am. That item requires ex parte disclosure be provided by the commissioners, and all participants will be required to be sworn in. This is a recommendation to approve a rezone from a rural agricultural zoning district to a residential Planned Unit November 14, 2017 Page 56 Development zoning district for a project known as Cleary RPUD to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors on property located on the south side of Immokalee Road approximately one quarter mile east of Logan Boulevard. And ex parte disclosure, Madam Chair, for the Commission. CHAIRMAN TAYLOR: Well, I think I'll start. I've had meetings with -- on three different occasions with residents, with the HOA president, and with the attorney and Mr. Cleary. I've had conversations by telephone. I've also had a conversation in this room just now. Commissioner Saunders? COMMISSIONER SAUNDERS: I've had several communications via email. I have met with the petitioner and petitioner's legal counsel and several members of the community. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: I have had meetings with Mr. Guftison (phonetic), Ms. Pat Howard, Bob Owens, Pat Neale, Michael Manganaro -- I'm sorry if I mispronounced that -- Mr. Yovanovich, Mr. Cleary. I've received numerous letters and emails and a phone call from a Jerry Kelly. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I, too, have a declaration. I've received emails and letters and phone calls from residents of neighboring communities; I met with Mr. Yovanovich, Francesca Passidomo, and Mr. Cleary; I also met with Patrick Neale and Michael Manganaro of Saturnia Lakes to discuss -- and I also discussed with staff and read the staff report. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes, ma'am. And I do have ex parte to disclose. You can see the file for everyone that I talked to. I November 14, 2017 Page 57 did have meetings, correspondence, and emails in regard to the subject matter. CHAIRMAN TAYLOR: So all those who want to participate in this -- and we'll have testimony -- please rise and raise your right hand. Oh, I don't have to rise. They do. COMMISSIONER McDANIEL: You're already sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Thank you very much. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich on behalf of the petitioner. With me today are Tom Cleary, Ray Cleary, who are the owners of the property; Wayne Arnold, who's our planner; and Jim Banks, who's our transportation consultant. I have the long-version presentation or the short-version presentation. I'm going to go with the shorter-version presentation, because I believe we've spent a lot of time discussing with both the HOA and some residents separate from the HOA regarding concerns they've had with the project. And you have received a letter, I believe -- hopefully you've received the letter from Patrick Neale, who represents the homeowners association, that discussed some revisions to the PUD document that the HOA wanted to see, and it had to do with overall building height being limited to 37 feet zoned, 45 feet actual, which is tippy top; methods of construction were we'll be all block construction. I'm just giving you a quick summary of what we've agreed to; floor area ratio of a .5 instead of a .6 that was approved by the Planning Commission; and some enhanced buffering along the east side of the property. And the property is up on the visualizer, which is on Immokalee Road near -- we're near Logan Boulevard. So the east side of the property is the property adjacent to Saturnia Lakes, and we agreed to include a 30-foot buffer along the November 14, 2017 Page 58 east property that would be a vegetated buffer, and there would be no uses within that 30 feet. The only disagreement between the homeowners association and my client is related to the overall project density for the residential option, which is for -- what we would like to do is seven units per acre, because we do not see this property as a four-unit-per-acre piece of property in its current location on Immokalee Road. In order for there to be a residential option on this, we believe it needs to be a multifamily option, and we would be utilizing the provisions in your Comprehensive Plan for infill properties less than 20 acres, which would allow us to go from four units per acre to seven units per acre with the first additional unit of the three being through the acquisition of a TDR under your sendings program. If you all will remember way back when, when you adopted the rural fringe mixed-use district provisions, you were looking for receiving land opportunities and included in the urban area the ability to increase density through the acquisition of the TDRs, and we would be taking advantage of that program to go to seven units per acre. Otherwise, what the HOA preferred was that we cap it at five units per acre, which basically would make us purchase the only additional unit we would get, and it makes no economic sense to buy that unit. So effectively you would be capping the residential option at four units per acre, and I don't think that this piece of property would be developed either as a multifamily project at four units per acre or a single-family project consistent with the level of homes that already exist in that neighborhood, including Saturnia Lakes and across the street, which is Olde Cypress. So the only area of disagreement that we have is on the residential option. I think we're all set on the senior housing option as set forth in that letter, but we do have a disagreement on the overall project density for the residential component. November 14, 2017 Page 59 I believe I have accurately set forth the agreement with the HOA as well as with the residents in the community, that we're just here to talk about the density on the residential option, not the overall senior housing option. With that, that's the quick version. I think that's the only issue that needs to be discussed. The Planning Commission and your staff both recommended approval of the density of seven units per acre on the property, so that would be consistent with both the Comprehensive Plan and with your staff's recommendation. We have come down in height as well as floor area ratio from what your staff had recommended at a .6, as well as the Planning Commission. So hopefully the Board of County Commissioners will give us two viable options on this piece of property: The senior housing option, which doesn't seem to be an issue with the neighbors at this point; and an option of a residential project at seven units per acre and not the four units per acre that would be the net effect of going along with the residents homeowners association recommendation. We're here to answer any questions you may have regarding this and, of course, we'll respond to any public comments if there are any that we didn't anticipate. CHAIRMAN TAYLOR: Mr. Miller, are there any public speakers on this? MR. MILLER: I have two registered speakers on this item, ma'am. CHAIRMAN TAYLOR: Okay. MR. MILLER: The first speaker is Patrick Neale. He'll be followed by Mike Manganaro. MR. NEALE: Good morning, Commissioners. Thank you for allowing me to speak. For the record, I am Patrick Neale, and I'm the Attorney for the Saturnia Lakes Homeowners Association. November 14, 2017 Page 60 Mr. Yovanovich has correctly characterized the agreement that was reached. The board -- the only thing he misspoke is that the letter was actually from Mr. Manganaro, who's the president of the association. I just transmitted it for him. But the letter was authorized by the board of the HOA on a five to nothing vote during a board meeting on October 27th. The other point that I'd just like to make is that the 37-foot-zoned height, but it's a three-floor maximum, and that includes -- so if they put a floor of parking underneath, they could put two floors of residential on top but, no matter what, three-floor maximum construction height. The setback, the floor area ratio as stated. The construction standards were in the Planning Commission recommendations, which include a masonry construction, cement or slate tile roof, nine-foot ceiling heights, concrete pavers at the entrance and exit, and a gated entry. The reason that my client is opposed to the seven units per acre is that this really is a transitional site from residential single-family, which is what Saturnia Lakes is developed as into -- and towards the Logan Boulevard more developed area. And Saturnia Lakes is developed at less than four units per acre. It's at about 3.7, is my understanding. This would be putting you at seven units per acre so, essentially, a doubling of density going from one area to the other. So my client feels that a five-unit-per-acre transitional density would be much more appropriate than a seven-unit-per-acre transitional density. But aside from that, Mr. Yovanovich did actually accurately put forth the agreement as made between the HOA and the developer. And I'll be happy to answer any questions as well. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: My questions are for -- we can November 14, 2017 Page 61 hear the public speakers. My questions are for the petitioner and staff. MR. NEALE: Okay. MR. MILLER: Your next speaker is Mike Manganaro, and he is your final registered speaker on this item. MR. MANGANARO: Good morning, Commissioners. I want to thank you for letting me speak this morning, and I also want to thank the residents that are all wearing the white to show solidarity with Saturnia Lakes. I'm Mike Manganaro. I'm President of the HOA, and I concur with everything that, you know, Patrick Neale had just explained in regards to negotiations. And, again, just stressing the point of the seven units per acre. As you all, I'm sure, are aware of too, the other 18 acres on the corner of Logan and whatnot with a, you know, shopping center going in, we're deeply concerned with, you know, the traffic in the egress and whatnot. That's going to create more with single-family homes than it would with any other type of facility with, you know, less people that actually do go in and out on a regular and daily basis. So that was, you know, one of our main concerns is, you know, for conformity and, you know, to kind of comply with what Saturnia Lakes has, as explained by Patrick Neale, we're, you know, between three and four. To grant them double that density we just don't think is fair and accurate and really complies with what's in that surrounding area. Thank you. COMMISSIONER SAUNDERS: Madam Chair, if I could ask just a quick question. CHAIRMAN TAYLOR: Yes, of course. COMMISSIONER SAUNDERS: With a 30-foot buffer, what will be the distance from the property lines in Saturnia; the row of houses that are closest to this proposed development, the back property November 14, 2017 Page 62 line of those lots, what is the distance to the property line of the project plus the 30 feet? So what kind of distance are we talking about? MR. MANGANARO: Well, based on what I have seen and whatnot, the southern part, which backs up to our two cul-de-sacs, they will have some type of a preserve. As far as the actual square feet, I don't know really off the top of my head. Maybe counsel can help us with that. On the eastern side, which runs along our main entrance, the closest homes actually will be to the east of that, which I'm going to assume is in the 250 range. Please don't quote me on that but, again, maybe more accurate dimensions can be discussed. COMMISSIONER SAUNDERS: Mr. Yovanovich, do you know those distances? MR. YOVANOVICH: From the row of residences you were talking about on the east side? COMMISSIONER SAUNDERS: Yes. MR. YOVANOVICH: That's 368 feet. COMMISSIONER SAUNDERS: All right. 368 feet. Is that to the property line, or does that include the 30-foot buffer? MR. YOVANOVICH: That includes the 30 feet, right, Wayne? MR. ARNOLD: Yes. MR. YOVANOVICH: Yes, it includes the 30 feet. COMMISSIONER SOLIS: That's to the property line. MR. YOVANOVICH: No, that's to our nearest building. COMMISSIONER SOLIS: To the nearest building. MR. YOVANOVICH: On our property. So that would be the 30 feet on our property, past their -- there's also a buffer on our property line that's on their property, then you've got the road, and then there's another buffer on the other side of the road, so there's quite a distance and a lot of vegetation between the two. COMMISSIONER SAUNDERS: And let me ask another November 14, 2017 Page 63 question, if I might, Madam Chair. CHAIRMAN TAYLOR: Of course. COMMISSIONER SAUNDERS: I'll get my direction, perhaps, incorrect. But immediately to the west of your property, there's going to be a shopping center? MR. YOVANOVICH: To the west, the first -- a similar-sized parcel to ours to the west, I don't know what's going to go there, but when you go a little bit further -- I guess I can point. This piece right here is owned by -- the gentleman's name is Colin Walker. I don't know the name of the entity that he owns it in. And then this is the corner that will be shopping center that's going through to your Planning Commission, I think it's this Thursday, and then at some point coming to you for both a Comp Plan amendment and a PUD rezone for a commercial shopping center. COMMISSIONER SAUNDERS: Thank you. MR. MANGANARO: Which is our concern. There's going to be even more development, not only just a shopping center, but along with that other nine acres, which is the equivalent of nine acres with what Cleary has, and a lot of vegetation, so to speak of, has been destroyed and removed due to the hurricane, too. So vegetation isn't as thick and as whatnot as appears. Thank you. CHAIRMAN TAYLOR: All right. You have a question? COMMISSIONER McDANIEL: Yes, ma'am. Yes, ma'am. And, Rich, if you could, please, I just would like a clarification, because the original site plan that was, I think, approved by the Planning Commission had a 15-foot setback requirement, and you've increased that to 30, or is that an additional 30 feet, or is it an aggregate 30 feet? MR. YOVANOVICH: The original recommendation from the Planning Commission was a 30-foot setback -- COMMISSIONER McDANIEL: Okay. November 14, 2017 Page 64 MR. YOVANOVICH: -- which we agreed to, and the Planning Commission had asked for the stair -- they had approved the stair stepping, if you will, wedding cake, whatever you want to call it, for the structure, that the first 50 feet from the west property line -- east property line would be capped at, I believe it was, 35 feet zoned, and then when we got 50 feet away, it could go to the 50 feet actual. We brought that down to 37-foot zone throughout the property. So that's the difference. COMMISSIONER McDANIEL: Okay. So it is a 30-foot buffered -- landscape buffer? MR. YOVANOVICH: With supplemental plantings, which we had agreed to. I have given your staff the revised document consistent with Mr. -- I'm sorry -- Mr. Manganaro, right? His letter. Sorry, I thought it was Pat who wrote the letter -- and they've reviewed the PUD, and they're comfortable. I could take you page by page if you'd like to see it -- COMMISSIONER McDANIEL: No. MR. YOVANOVICH: -- but it's been provided as part of the record to implement all of the conditions with the HOA. COMMISSIONER McDANIEL: I do have one other question, Madam Chair. MR. YOVANOVICH: If I could say one more thing. I just wanted to point -- I put the master plan up. There's the vegetated preserve nearest the two cul-de-sacs. CHAIRMAN TAYLOR: Yeah. MR. YOVANOVICH: So you can see that that distance is also about 300 feet from the nearest building that would be on that property. So we think that we've shown the compatibility between a seven-unit-per-acre parcel and a four-unit-per-acre larger community. COMMISSIONER McDANIEL: Gotcha. November 14, 2017 Page 65 And my next question's for Mr. Bosi. Though they've only mentioned in the request a -- or a single-family development and/or an assisted living facility and the densities associated, do we have allowances within our code to convert from single-family to multifamily? MR. BOSI: Mike Bosi, Planning and Zoning Director. I believe within their PUD they have single-family and multifamily both appropriate residential dwelling types. They'll make a choice of that at the platting or the SDP stage as to what -- the product they wanted to move forward with. So that's -- the density is the key question in terms of compliance with the GMP. With the infill provision, it qualifies for the seven units per acre. The PUD provides for multifamily or for single-family dwelling types. They'll choose that at the time of -- as it comes closer to platting or the SDP stage. COMMISSIONER McDANIEL: Maybe I didn't ask my question clearly. If they -- is there an increase in density if they convert from single-family to multifamily? MR. BOSI: No, they're capped at the density -- COMMISSIONER McDANIEL: Period? MR. BOSI: -- at seven units per acre. COMMISSIONER McDANIEL: So either -- and that was where I was trying to go. Because sometimes when you have single-family, there's a perception that multifamily is less intense, but you end up with more density to offset with the intensity side. And I just wanted to make it clear that we -- the density is what it is and what the applicant's, in fact, requesting, so... CHAIRMAN TAYLOR: Okay. Any other questions? No other speakers, Mr. Miller? (No response.) November 14, 2017 Page 66 CHAIRMAN TAYLOR: Any proposal to make a motion? COMMISSIONER SAUNDERS: Well, Madam Chair, it's in my district, so I'll make a motion. It may not be the most popular motion with some of the residents, but I think that -- the seven units per acre, I think, is reasonable in light of the separation and really what could go on that property, and I think there's an agreement concerning the vegetation, the setbacks, and with that floor area ratio, that certainly reduces the number of assisted living facilities. So I'm going to make a motion to approve the request as outlined by Mr. Yovanovich. COMMISSIONER McDANIEL: I'll second, unless you want to. COMMISSIONER FIALA: Oh, that's okay. CHAIRMAN TAYLOR: All right. There's a second. Any other discussion? COMMISSIONER FIALA: Yes. I just wanted to say, I thought long and hard about this, and I think it's a good project. During the AUIR I'm going to mention something about densities, but I think this is late in the game for this particular one, so I will certainly go along with that. COMMISSIONER SAUNDERS: Madam Chair, before you call for the vote -- and I didn't know if there are other comments. I did want to just make a comment in terms of really what part of the problem is in this area, and that is people in their communities getting in and out of their communities during rush hour. This particular area, Saturnia has -- those residents have a lot of problem getting in and out of their projects. This is going to add additional traffic. The shopping center will add additional traffic. And I've asked Mr. Casalanguida and our Department of Transportation to meet with the homeowners and to see what can be done, potentially, to improve their access to and from Immokalee Road. The same thing is true of other developments in that general November 14, 2017 Page 67 area. I think once traffic gets onto Immokalee Road, it flows pretty well. But people are having a lot of trouble getting in and out of their communities. So if you could continue to meet with the community and take a look at that particular issue. COMMISSIONER McDANIEL: And, Madam -- CHAIRMAN TAYLOR: And I, too, am going to speak to Immokalee Road in particular with the AUIR and what's happening right now on Immokalee. COMMISSIONER FIALA: He's saying -- I think we're all saying the same thing. It's about time we started taking a tough stand on things like this before we overcrowd the roads. I think, you know, we have to consider what it's like for people to -- (Applause.) COMMISSIONER FIALA: -- drive on these things and how much worse it can get if we don't -- you know, it's up to us. The buck stops here. So I think during the AUIR that will be a nice, lively conference. COMMISSIONER McDANIEL: And, Commissioner Saunders, just -- and I'm sure you saw it on the site plan, and I know there is a private property owner between this particular piece and the commercial piece on the property, but there is a proposed service road that goes all the way over to Logan that will allow for better traffic flow. And I know that the folks in Saturnia have issues because they really only have one way in, and they have another way out that's over on Logan as well. But it might be -- it might be something to have a discussion there for all of us as we're moving forward with internal circulation and connectivity to get people out in different directions. Because we're being forced oftentimes into forced U-turns that are dangerous at best is the best way to say it. And so anything we can do to enhance that, I November 14, 2017 Page 68 think, would be of great assistance. CHAIRMAN TAYLOR: Any other discussion? (No response.) CHAIRMAN TAYLOR: Motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. NEALE: Thank you. CHAIRMAN TAYLOR: You're welcome. Item #11A PROVIDING DIRECTION TO THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC) REGARDING THE USE OF PROGRAM CRITERIA ASSOCIATED WITH THE CONSERVATION COLLIER ACQUISITION SELECTION PROCESS IN THE CURRENT NINTH ACQUISITION CYCLE, FUTURE POTENTIAL CYCLES, AND REGARDING THE CONSERVATION COLLIER ORDINANCE, ORD. 2002-63, AS AMENDED – MOTION TO CONTINUE TO A FUTURE BCC MEETING – APPROVED MR. OCHS: Madam Chair, that takes us to Item 11A. This is a recommendation to provide direction to the Conservation Collier Land Acquisition Advisory Committee regarding the use of program criteria November 14, 2017 Page 69 associated with the Conservation Collier acquisitions selection process in the current ninth acquisition cycle. Ms. Alex Sulecki will present. COMMISSIONER McDANIEL: Good morning. MS. SULECKI: Good morning, Commissioners. For the record, Alex Sulecki, Coordinator of your Conservation Collier program. And I'm here this morning to give you a little bit of a status update on Conservation Collier, to talk about our evaluation process, and then to give you some advisory committee recommendations. So we'll start out with our program status, and you can see on the map here our Conservation Collier properties, these are all located on here, the ones that are open. We have 12 out of our 19 open to the public, with eight of them just being completed from the storm last week. So eight of those 12 are now open. So we have 19 preserves scattered throughout the county; 4,090 acres approximately, and 25 miles of trail. Talking about our Cycle 9 status, what we've got right now. It's kind of a busy map here, but I'll go through it with you. And you can see all of the different kinds of conservation located in Collier County on here, state and federal, the SSAs, and some mitigation conservation. And all our -- we have 10 proposals right now that we're reviewing other than our multi-parcel projects. And these are in green. You can see them here located throughout the county; right there. And we have -- those comprise 90 parcels at a little over 5,000 acres. And the estimated cost for all of those parcels under review right now is about $32.7 million with the average cost per acre being $22,000. Now, that's not the case that you can make a difference between the rural properties and the urban properties where the urban -- the rural properties are anywhere from 1,500 to about $5,000 an acre, and the urban properties go from 30,000 to 91,000 an acre. November 14, 2017 Page 70 And then we've got our multi-parcel projects, and these are on your map in yellow for Winchester Head, which is right here. At this scale you really can't see them, because red is Conservation Collier, and we do own over half of those. And then the magenta here for our Red Maple Swamp, which is located in this area. And we have had some applications for these, which are -- since they were A category projects in 2011, we're going to bring them -- they're small parcels -- bring them directly through our Conservation Collier Committee and to you for approval, because we do have some money from the donations from the off-site preservation. We have about 120,000. These parcels in the multi-parcel projects are estimated to cost us about 158,000, and then we've got some additional monies coming in. So we believe we'll have all of that money, but we'll go first come, first served on those. So that's where we are with Cycle 9 right now. We do have an evaluation process. This is a two-step review. We start with an initial criteria screening, and this is a desktop evaluation to see if the parcel is likely to meet at least two of our six criteria. The committee receives a presentation, and at least five members must vote to accept the property as a qualified proposal. We're in the first and second steps now. And the second step would be that more weighty initial criteria screening report, and this looks at how the property meets those criteria after being on the ground and looking at maybe some more data. So almost every property meets at least two out of the six criteria. And so -- well, we're working through that process. We develop an active acquisition list, and once all of these qualified proposals have been presented, the committee ranks them into recommended A, B, and C. A being, yes, we would like to pursue it; B, yes, we're interested, but not now; and C, no thank you. And we forward them with preference -- criteria -- or an order for the A November 14, 2017 Page 71 properties, one, two, and three. So once you approve that list, we pursue those parcels in the order that is stated. And to look at the criteria here -- I'm not going to go through and read these all, but I'll tell you that they're very broad and unweighted, and almost every property meets two out of the six. So we have a process whereby five or more Conservation Collier members must vote to advance a project. And this keeps us from spending time and resources on isolated small parcels that are unlikely to meet our overall program goals. So I wanted to go through the proposed resolution that we have for you today and tell you where those little, kind of -- we don't want to change the criteria. What we want to do is just segregate out a subset of them and give them a little more weight this time. And so the ones that we'd like to give a little more weight are on the left, and the criteria are on the right. That's why I wanted to show you where those came from. So lands that provide potential for natural resource based recreation with appropriate access, that comes directly from Criteria 2. Lands that serve to protect the most water resource values, directly from Criteria 3. Lands that enhance or protect the environmental value of current conservation lands through function of a buffer, ecological link, or habitat corridor, directly from Criteria 5. Lands whose acquisition have potential for community partners in acquisition and/or land management activities does not come directly from the criteria, but it comes from Section 4, purpose and intent, and our intent is to cooperate with other acquisition, conservation, and resource agencies. And then the final one, lands within the Urban Target Protection Area comes from our Target Lands Map. And we have five different types of lands on here. We have the urban lands. We have North November 14, 2017 Page 72 Golden Gate Estates, the rural fringe, and the habitat stewardship and flow-way stewardship areas in the rural lands. So that's where the recommendations are coming from. In regard to future criteria, the members felt that the ordinance is pretty good, but there's always room for improvement for future cycles. The only changes that are recommended prior to a future referendum are the following: Some minor tweaks to priority habitat types provided in the criteria section to make them consistent with statewide classification formats. For example, we have riverine (phonetic) oak in there. That is not one of the habitats that's classified in the general schemes that are used within the state. So we just want to make them more consistent with those classification schemes. We would like to consider changing the split of acquisition and management funding -- currently it's 85 percent acquisition and 15 percent management -- to something else, and given to you today is 75 percent acquisition and 25 percent management, but that's something that we can work on to get very clear on. And then we would like to ask if you would like to weight certain criteria in the way we've asked you today for each subsequent cycle, depending on county needs, and your direction. So if you're looking for more water-related projects, that's something we could focus on. And so we have a recommendation today that you will accept our resolution and approve that resolution and provide us direction also in our future cycles. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes. The last time we voted on this so many years ago, one of the things we stressed was we wanted to also purchase land that was in the urban area before it was sold, and then we'd never have any preservation in the urban area. We didn't follow through with that really well. We followed it in a couple November 14, 2017 Page 73 places, but it's so much easier to buy land that nobody's looking at and nobody wants and it's cheap, and we did a lot of that. But our people don't see that. And, you know, I think there's a comfort in going down the street and seeing some green space or, you know, just stop -- we had that great piece of property at Airport and Estey where people would just stop and, you know, and even put benches in there and so forth; it would have been very nice. Of course, that was sold. We don't have that opportunity anymore. But I'd hate to see us missing some of those great opportunities. I think we should make it a priority to buy what we can. I realize it's more expensive in the urban area than it is, but the ones that are way out east are probably not going to go up in value when they're all under water anyway or when they're -- you know, they just can't be built on. So that would be -- we could hold those in our back pocket while we buy up something that I think the people could actually enjoy, see, sit around, take it easy, or if nothing else, just to have some green space in between things. And so that would be my suggestion, that we make this a priority, but that's just my suggestion. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: If it's okay with the Chair, I'd like to hear from our public, and then I can make my comments. CHAIRMAN TAYLOR: Okay. Commissioner Solis? COMMISSIONER SOLIS: That's fine. We can hear the speakers first. MR. MILLER: Madam Chair, we have three registered speakers for this item. Your first speaker is William Poteet. He'll be followed by Brad Cornell. MR. POTEET: Good morning, Commissioners. For the record, my name is William Poteet, and I'm here on behalf of Conservation Collier Land Acquisition Committee as their Chairman. And I'm just November 14, 2017 Page 74 here to answer any questions you may have. I would like to comment on the purchase of the urban areas. We've heard loud and clear from a number of commissioners in the past that they want us to concentrate more on the urban areas. And, quite frankly, we have. We have -- at least seven or eight of our 19 preserves are within the urban area: Rail Head Scrub, Freedom Park, Gordon River Greenway, Otter Mound on Marco, the marsh properties off of 951 going to Marco, Logan Woods. You know, our biggest problem is having -- because we're a willing-seller program, we have to wait for the willing sellers to come to us. And, fortunately, we do have a number of people that are submitting properties on a regular basis, but not all of them are in the urban area. So we just have to take what we get and try to do our best and then bring our recommendations to you. On our recommendations we made today, we basically did that because we felt that when we did our rankings, a lot of our scores come in the 240, 250 range out of a score of possible 400, and we felt if we tweaked it a little bit more, put some more priority on those properties that are adjacent to existing preserves or have qualities that would enhance the water resources, et cetera, and some other areas, the size of the preserve also makes a major difference because it's a lot of easier to manage a large preserve than it is a small parcel. So we just wanted to redo our criteria there and give us a little bit more flexibility. But the program works well. We bring you our recommendations. My understanding is we're going to bring them back in March to you, or we're going to have our ranking meeting in March, and then subsequently we'll get them to you immediately, and then you can make a decision which properties we need to move forward on this cycle. And we're excited about it. So if you have any questions, I'd be glad to answer them. November 14, 2017 Page 75 CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: I just want to thank you for your dedicated service to this committee. You never miss meetings, you're always there, and you're so enthusiastic and -- well, you're exemplary to the -- MR. POTEET: Well, I'm just one of eight members. We're down one member. We still have one application needed out there, if somebody wants to apply to Conservation Collier. But the entire committee is wonderful. I mean, they really take this seriously and try to do the best. There is one recommendation I would like to make that was not in the report. A number of times we have looked to try to partner with the State on the properties, but the problem with the State, when you partner with them, they want to hold title 100 percent, and we lose our ability to manage and control the property. And, you know, if the State would ever change their guidelines so that we would then enter a joint venture with them, which each hold a title to it, that would be a good thing, and we can look at, you know, Forever Florida properties and some of the Amendment I monies that are out there. Right now we can't do anything with them because, you know, when we buy some, we buy it for perpetuity, we buy it to make sure the citizens of Collier County have the ability to use these properties. And, you know, if you go to Gordon River Greenway any weekend, you'll see, you know, hundreds of people walking on the boardwalk, and that's the stuff we want to do. So thank you. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: Let me ask a question or make a comment. On the issue of willing sellers, that doesn't mean you can't go to a property owner -- unsolicited, go to a property owner and say we're interested in taking a look at your property. November 14, 2017 Page 76 So if you feel that you have to wait for a property owner to come to you in order to comply with it being a willing seller -- now, I wasn't here when the ordinance was adopted. But willing seller, to me, means we're not going to condemn anybody's property, we're not going to force a sale, but that doesn't keep you from identifying properties that are of value and going to the property owner and saying, would you have an interest in selling. MR. POTEET: We've done that many times on the multifamily -- or the multi-parcel projects. So we routinely send letters out to the property owners saying that we'd be very interested in acquiring the property should you be interested. COMMISSIONER SAUNDERS: Yeah. I was just concerned because I think you had said that you wait for property owners to come to you. MR. POTEET: Well, typically we do, because you can't write every property owner in Collier County. But if we identify a property that we want that's adjacent to an existing preserve example or as part of the multi-properties projects, then we do send letters out as part of our outreach committee. COMMISSIONER SOLIS: Can I go ahead? CHAIRMAN TAYLOR: Of course. COMMISSIONER SOLIS: Just -- the analysis of each property is done once an application's made by the owner, though, right? I mean, is staff -- MR. POTEET: We do an initial screening of the property, which staff goes out and does a cursory review of the property and brings it back to the committee, and we make a decision at that time if we want to move forward and use staff resources in order to do a full analysis. Because if you've seen some of the analysis on the properties that we look at, I mean, they're volumes. COMMISSIONER SOLIS: But, I mean, that initial analysis is November 14, 2017 Page 77 triggered by an application. MR. POTEET: Absolutely. COMMISSIONER SOLIS: Okay. MR. POTEET: Absolutely. COMMISSIONER SOLIS: That's what I think Commissioner Saunders might have been -- MR. POTEET: And, you know, we do the outreach to the properties and -- on occasion, depending upon what the committee decides. But we cannot do an analysis of the property until we actually have an application signed by the owner. COMMISSIONER SOLIS: Okay. MR. POTEET: So we don't -- you know, we want to utilize staff resources as effectively as we can. We're down one employee at this point, so -- CHAIRMAN TAYLOR: Thank you. MR. POTEET: Thank you. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Nicole Johnson. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon of the Western Everglades. I want to second what Commissioner Fiala just said about the advisory committee and the program. It's been an exemplary program. Your volunteer advisory committee has performed excellently over the years and continues to under the leadership now of Bill, and your staff is just top-notch staff. So this is a program to be really proud of. Frankly, it's one of the best ideas Collier County ever had. And so it's a story whose ending has not been written yet. And we're here, at least our Audubon members are here to say, let's keep writing that story. Regarding what's before you today on the criteria, Audubon of the Western Everglades supports a second look or a third look at any November 14, 2017 Page 78 ordinance, this ordinance or any other ordinance. We can always improve what we have by way of rules and how we run our programs. I would only ask that you consider applying those revisions to future acquisition cycles. You've got an acquisition cycle right now, No. 9, that has been pending for some eight months. So rather than jump in midstream, you should perhaps consider applying these revised criteria to future acquisition cycles. And the only other thing I want to say is that regarding the timing of things, we're kind of in this sort of transition period between a maintenance and management program to now an acquisition -- an active acquisition program, although we're all planning on going back to the voters for a referendum. You all have been party to that conversation. It's been a complicated conversation. But, nevertheless, I think that everybody agrees that we need to restart this program. And you do have now an interim program with $17 million to spend. We would like to see you expedite that as best you can, recognizing that you've got some wonderful properties that are on this ninth acquisition cycle that would be great for the program. And I will say that I agree with Bill that we have purchased some wonderful urban parcels, and we'll continue to in the future. Don't forget you also have a Parks and Rec program that is very viable and very robust. Different sort of objectives, but does provide that green space in active recreation. So remember how to complement these two programs in terms of conservation value, ecological function, and public recreation and that sort of thing. Thanks very much. MR. MILLER: Your next speaker and final speaker on this item is Nicole Johnson. MS. JOHNSON: Good morning. For the record, Nicole Johnson, here on behalf of the Conservancy of Southwest Florida, and I guess I will third what has been said previously about how great the program is and Alex and her staff and the committee, and the Conservancy is November 14, 2017 Page 79 really appreciative to all of you that we are standing here and talking about Cycle 9 for the program. I did want to weigh in on this question of should the weighting for the criteria be tweaked a little bit. You know, right now we do have some concerns about that. We have concerns about the need for changing the criteria and applying weighting to certain aspects of the existing criteria, and we have concerns about the timing of it, as Brad had mentioned. In looking at the need for the weighting, right now the program does have a lot of flexibility. You have your different criteria upon which the committee and, ultimately, you determine the total scores, the total weighting, the total appropriateness of the parcel for acquisition, and you are able to give extra weight, extra points to those parcels that you believe are most appropriate, such as the urban parcels. That exists right now. So I'm not sure how a tweak, which I believe was described as a little more weight, helps. I don't know what a little more weight is. Is it that you automatically get 50 points to start off? Is it five additional points? You have that flexibility right now. And, Commissioner Fiala, we agree with you. You know, those urban parcels, those are great opportunities because people drive by them every day, and they like to see the green space, the conservation green space aspect. So, you know, we're a little concerned about why this is coming up now and the need for that. In looking at the timing of it, you're essentially mid cycle. You're in the midst of Cycle 9. And a lot of properties that have been in the Conservation Collier purgatory, we'll call it, now with the $17 million infused, they're able to go forward. Is it fair to them to have them evaluated under a new system? This is something that maybe we should be looking towards as we move forward to Cycle 10, but let's let the parcels that are in process right now move forward under the existing weighting, and then we can November 14, 2017 Page 80 look at changes going forward. And I would like to better understand the definition of what a little more weighting would equate to. Thank you. CHAIRMAN TAYLOR: Thank you. All right. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I think, Ms. Alex, if you can come back up, please. Just -- I wanted to ask a question. In the ninth cycle, if I understand it correctly, those will come back to us specifically in the spring for approval of those acquisitions? MS. SULECKI: Yes. We're on track to bring it to you in April. COMMISSIONER McDANIEL: April. And then approximately how much are the -- is the acquisition price? Have you got that number yet? MS. SULECKI: I think I had that -- it's just an estimate at this point. COMMISSIONER McDANIEL: Yes, of course. MS. SULECKI: But 32.7 million. That's for all of them. COMMISSIONER McDANIEL: All nine. MS. SULECKI: And certainly all of them won't make the A list. COMMISSIONER McDANIEL: So -- thank you. I would like to make a suggestion here today because it still sounds like there's, minimumly, a need for some additional discussion with regard to this actual resolution and the tweaking as, in fact, goes on. I think I raised comments when I was reading through it that I had concerns with regard to the split of the revenue streams that come in to support Conservation Collier on a 75/25 basis, and I'm not sure that that's going to be sufficient. I'd like to see a little more -- I know, Madam Chair, you brought up some information a while ago from one of our community leaders with regard to the per-acre expense associated with maintenance and upkeep of environmentally sensitive lands. And I'm not sure that that November 14, 2017 Page 81 25 percent -- I haven't seen that data and analysis to ratify that that 25 percent's going to be enough. So -- and I also, I think as late as last week, gave some suggestions to adjustments to the ordinance to our County Attorney to make sure that my thoughts were legal, and those haven't been implemented into this. So I think we're really not hurting anything if we were to continue this item for at least another month, all of us spend a little bit of time with specificity and adjustments to the ordinance, maybe adding in a little science with regard to the maintenance aspect of what we already, in fact, own and see how it correlates to the revenues that we have available for maintenance and allow for some more input from the public. We're really not delaying anything by continuing this for another month. That would be -- and I don't want to take anybody else's thunder, but I'd do that in the form of a motion if the Board were so inclined. COMMISSIONER SAUNDERS: Madam Chair, I tend to agree. There's no urgency. We were in the middle of that ninth cycle. We want to change the parameters in the middle of that, and so we have some time. So I don't have any problem with delaying this. The resolution, I agree that it's a little bit murky in terms of what the changes are, and so I think we do need to spend a little time. So I'll second your motion. CHAIRMAN TAYLOR: Okay. Commissioner Solis? COMMISSIONER SOLIS: And I'll support the motion as well. My only concern, as Ms. Johnson brought up, is, I mean, right now we have these criteria that the CCLAC applies, and they're very broad, and they have a lot flexibility and, ultimately, they're the ones that implement or hopefully implement the policy that's set in the original ordinance, and part of that right was to purchase these properties in urban areas. November 14, 2017 Page 82 So I'm just a little concerned with, you know, tying the hands by putting in a mathematical formula that's going to weight some things more than others. I'm not so sure that it shouldn't be up to the CCLAC to consider all of the factors, all of the different properties and make the recommendation. So I'd like to learn a little bit more on how the weighting would work, because I could see a situation, because of the way the math works in the weighting, then they're going to have to, you know, put at the top of the list an urban property when, you know, everybody was really more in favor of maybe some other property. And I'm just concerned with that, that it maybe takes the flexibility away from the CCLAC. So that's my only concern. And, I agree, I don't think we should apply it to the current cycle, even if we were to adopt it. There's no sense in doing that. And I would support the motion to continue it and have some more discussions. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: And same with me. And I agree with everything that you've just said. I wasn't really sure why, or it didn't explain why we decided to do this weighting. We didn't do it before, and I was wondering, is there a reason behind that, and maybe we could discuss it at that meeting then as well. Not to belabor it here, but you can tell us what led to that. MR. OCHS: Well, Commissioner, I can tell you, because I've heard from at least three different commissioners over the last few months on the dais about, you know, ideas and changes they'd like to see in the program. So before we brought you the acquisition list for the ninth cycle, I wanted this board to have a chance to tell me if they wanted any of those changes made or applied before the cycle comes forward in April. What I'm hearing is you're not in a particular hurry to do that, and November 14, 2017 Page 83 that's fine. So I've accomplished my mission at the staff level to get some more board clarification. And what I'll do is, based on the vote, I'll just ask staff to meet individually with each one of you and get your suggestions, if you have them, on how you'd like to see the ordinance changed, if at all, and we'll try to coalesce that into an item that we can bring back in the spring and let you consider it. CHAIRMAN TAYLOR: Perfect. COMMISSIONER SOLIS: Can I say one more thing? CHAIRMAN TAYLOR: Of course. COMMISSIONER SOLIS: I vaguely remember having a discussion, and I think it was the Chairman that brought up at some point maybe we need to revisit some of the properties that it already owns in the urban area and whether or not the maintenance of those -- am I remembering that incorrectly? CHAIRMAN TAYLOR: There was, I believe, Trust For Public Lands Report -- COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: -- that Mr. Vasey distributed to us or me, and -- COMMISSIONER McDANIEL: And me. CHAIRMAN TAYLOR: -- but I'm wondering if it was this commission or the one before, because it's quite a while. But in it there is a clear formula of maintenance of public lands. COMMISSIONER SOLIS: Oh, right. CHAIRMAN TAYLOR: And, you know, it's not something that is locally created. It's by a highly respected entity. So the question is, if we're going to jigger the amount of purchase versus the maintenance -- COMMISSIONER SOLIS: Maintenance. CHAIRMAN TAYLOR: -- do we want to adjust it? And I think Commissioner McDaniel correctly has said maybe we need to revisit November 14, 2017 Page 84 that again before we make those decisions. COMMISSIONER SOLIS: No -- and I agree. Really understanding the numbers on that is -- now that the program's going to start up again, we need to make sure that we are very, very clear on what the maintenance costs are going to be moving forward. CHAIRMAN TAYLOR: Very important. When you think that, after Hurricane Irma -- I don't remember the number -- but not all of our public lands are open because they need maintenance, it speaks to it in a very direct way. All right. COMMISSIONER McDANIEL: And I have one last comment, if I might. I know I made a motion and you've got to go. But I just wanted to say that there is -- I think if we all make a concerted effort to make our suggestions to staff so that we can have a semi-completed resolution to be able to bring forward. I want to make it clear that there is appropriation money available for acquisitions right now. We are going through that cycle. There has been some misnomers about lack of funding and stalling of acquisitions and that sort of thing, and that's not, in fact, the case. And I just -- I wanted to say that out loud with how we're moving forward. CHAIRMAN TAYLOR: And maybe part of -- and it certainly doesn't need to be at our next meeting unless I have disagreement up here, but maybe we could get that land -- Trust for Public Lands land acquisition cost pamphlet, which is a printed pamphlet. Maybe we could get that distributed again. I got it, but I'm not sure I know where it is. MR. OCHS: Sure. When we meet with you individually, we'll deliver that -- CHAIRMAN TAYLOR: Thank you. COMMISSIONER McDANIEL: I'm sure Duke -- Duke can put it right to us. November 14, 2017 Page 85 CHAIRMAN TAYLOR: All right. So would you repeat the motion, sir. COMMISSIONER McDANIEL: Oh, geez. COMMISSIONER SAUNDERS: I think it was just a motion to continue. COMMISSIONER McDANIEL: Motion to continue. I'd actually specified for at the next meeting, but if there isn't a necessity for that and staff -- and I know we only have one meeting in December. I don't -- CHAIRMAN TAYLOR: And can we refer, so we're very clear about the ninth acquisition cycle, that it is not delayed for this continuation, that it is -- we go into it with the criteria that exists as of today. COMMISSIONER McDANIEL: I don't want to make that part of my motion. I would like to continue this item for a period of time to be heard in as soon a fashion as our staff can, in fact, get it. And the only reason I'm hesitant on not making adjustments to the resolution with regard to the acquisitions in the Cycle 9 is I have some -- I have made some personal recommendations to our County Attorney with regard to the acquisitions and the stipulations that are put upon utilization of development rights and things that I would like to see tightened up even in advance of -- and I don't think that there are issues. I don't think that they'll have a negative impact on the current cycle, but they may necessitate being put in prior to the end of this -- or during this cycle, so... CHAIRMAN TAYLOR: When does the ninth acquisition cycle begin? Are we in it right now? MR. OCHS: You're midstream, as Alex mentioned. We're scheduled to bring you parcels for consideration in April? MS. SULECKI: April, yes. CHAIRMAN TAYLOR: So perhaps -- because we're in November 14, 2017 Page 86 midstream and you have ideas, perhaps you could get some clarity on that and if, indeed, they will affect the acquisition of these lands profoundly, then it needs to be brought back. Other than that, I would agree with the County Manager that we hear this in the spring sometime after this acquisition cycle is finished. COMMISSIONER McDANIEL: And I think we're saying the same thing. I mean, this is -- CHAIRMAN TAYLOR: I don't want the acquisition cycle held up because of -- COMMISSIONER McDANIEL: By no means are we. I don't want to stipulate in the motion of continuance of this particular item that we don't apply any adjustments to the resolution in regard to the acquisitions recommended during the ninth cycle. There may be some that we're all going to be okay with that can be adjusted during the ninth cycle that don't negatively impact those recommendations. COMMISSIONER SAUNDERS: Madam Chair, just so I'm clear, we have a motion to continue this item so staff can bring it back. That's a pretty simple motion. COMMISSIONER McDANIEL: Correct. COMMISSIONER SAUNDERS: There's no intent to do anything to impact the Cycle 9. COMMISSIONER McDANIEL: That's correct. COMMISSIONER SAUNDERS: The committee's going to bring back some recommendations in April. So I'd move the question. COMMISSIONER McDANIEL: Correct. Thank you. CHAIRMAN TAYLOR: All right. There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. November 14, 2017 Page 87 COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. COMMISSIONER McDANIEL: There we go. CHAIRMAN TAYLOR: We're as clear as mud, are we? COMMISSIONER McDANIEL: No, it was pretty clear. COMMISSIONER FIALA: No, that was good. COMMISSIONER McDANIEL: It was a little milky, not muddy. MR. OCHS: Madam Chair, your next item under your time certain was Item 11B, which is the presentation of the jail master plan. I think the presentation is about 15 minutes. So if you'd be willing to work a few minutes into the lunch hour, or do you want a full hour? CHAIRMAN TAYLOR: Unfortunately, I can't, but what we could do is break for lunch and come back at 11:45, 11:50 (sic). COMMISSIONER SAUNDERS: Well, we're going to have to eat fast. CHAIRMAN TAYLOR: That's an hour. COMMISSIONER SAUNDERS: No, it's 11 -- you said 11:45. CHAIRMAN TAYLOR: I'm sorry. Twelve. COMMISSIONER McDANIEL: Yeah. Don't be shying us six minutes. CHAIRMAN TAYLOR: Only because I have a function that I have to be at at -- MR. OCHS: That's fine. But we -- you know, we have three more time-certain items, and they're all backed up one behind the other. So we'll just -- CHAIRMAN TAYLOR: Yes, sir. COMMISSIONER McDANIEL: And it was all my fault because of the proclamations for the Boy Scouts. I apologize. November 14, 2017 Page 88 CHAIRMAN TAYLOR: All right. MR. OCHS: So we'll begin the afternoon with Item 11B. CHAIRMAN TAYLOR: At 12:50. COMMISSIONER McDANIEL: 12:52. CHAIRMAN TAYLOR: 12:50. (A luncheon recess was had.) MR. OCHS: Ladies and gentlemen, if you'd please take your seats. Madam Chair, you have a live mike. Item #7 (Continued) PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN TAYLOR: County Manager, I believe we have a citizen who thought public comment was right after we came back after lunch. And I think it would be appropriate, perhaps, to hear from the public at this point from this one speaker. MR. OCHS: Yes, ma'am. MR. MILLER: Yes. I have one speaker. Rosemary Goris-Karnes. MS. GORIS-KARNES: Thank you very much for allowing me to speak. I was here at the last meeting that spoke about affordable housing, and I didn't have all my plans ready, but I do have plans, if possible, to put affordable housing in Immokalee, smaller homes, or they call them tiny homes but not micro homes. And if I could work with anybody in the county who can tell me where the need is most, I would love to put the community in Immokalee. These are green homes, energy efficient. So you can get an November 14, 2017 Page 89 energy-efficient mortgage. They're smaller, but I also have plans for larger homes for multi-generational families and for service workers, service homes that are one and two bedrooms. So I'm just here to let everybody know that I am available to speak to -- if I can talk to any of you after the meeting -- CHAIRMAN TAYLOR: I think -- MS. GORIS-KARNES: -- I'd appreciate it. CHAIRMAN TAYLOR: Yeah. I think after the meeting. It's probably not today. But I think -- you know, you're more than welcome. And this is your commissioner, Commissioner McDaniel, from the Immokalee area. But you're more than welcome to make appointments with us individually, of course. MS. GORIS-KARNES: Okay. COMMISSIONER McDANIEL: And I have said that all along. I mean, there have been multiple people that have came and spoken to me with regard to offering housing for the needs of our community. And we do have a procedure, and we refer those over to our staff, and then we go through that process, because there's -- when you're dealing in the public venue, there's a process that you, in fact, have to go through, so -- but thank you very much for sharing. MS. GORIS-KARNES: I'm new, so I don't know the process. But I will meet with you later. I'll make an appointment. COMMISSIONER McDANIEL: And I'm just learning it myself. MS. GORIS-KARNES: Okay. Thank you. Thank you. And, by the way, I love the incubator. COMMISSIONER McDANIEL: Who doesn't? MS. GORIS-KARNES: I love it. I hope you approve it. Thank you. CHAIRMAN TAYLOR: What have you heard? MS. GORIS-KARNES: Well, I heard that -- we don't know. We hope. November 14, 2017 Page 90 MR. OCHS: Commissioner -- oh, I'm sorry. CHAIRMAN TAYLOR: Yes, go ahead, please. MR. OCHS: I didn't mean to cut the speaker off. CHAIRMAN TAYLOR: No, you didn't. Item #11B JAIL MASTER PLAN FINAL REPORT, CONSIDER CONSULTANT AND STAKEHOLDER RECOMMENDATIONS AND PROVIDE FURTHER STAFF DIRECTION – MOTION TO ACCEPT THE REPORT – APPROVED MR. OCHS: That moves us to the 11 a.m. time-certain, Item 11B. This is a recommendation to accept the jail master plan final report, consider consultant and stakeholder recommendations, and provide further staff direction. Margaret Bishop, your Principal Project Manager with Facilities Management, will begin the presentation. Margaret? MS. BISHOP: Good afternoon. For the record, Margaret Bishop, Principal Project Manager, Facilities Management Division. The 2008 Jail Master Plan needed to be updated to address the changing demographics and medical and mental-health needs. The Board approved a negotiated contract with AECOM in February of 2017. We've been working with the Collier County Sheriff's Office for input. Before we hear AECOM's presentation, I'd like to introduce Chief Chris Roberts. He's been our point person, and he's provided a wealth of information for the project. CHIEF ROBERTS: Good morning, Commissioners and County Manager and Nick and everyone. Nice to see everyone. November 14, 2017 Page 91 We certainly appreciate the hard work that AECOM has done on this. No surprises really, but their expertise certainly puts a fine point on some things that we already knew, and they've made some very expensive recommendations for the future. It's our intention at this point, though -- we're still absorbing the plan ourself, looking at our own needs, working with Deputy Department Head Dan Rodriguez from the county to actually, you know, absorb all this, get back to the Public Safety Coordinating Council with some recommendations that we think we can sharpen our pencils a little bit more, and we're probably looking at some recommendations coming to the Board probably in the two to five year time frame for some reconstruction within our current facilities. You know, not looking to build a new jail or create things that we don't need or spend money that we don't have. So on behalf of Sheriff Rambosk and the men and women that work over there, thank you very much for your time. COMMISSIONER McDANIEL: Thank you. MS. BISHOP: So I would like to introduce Roger Lichtman; he's the Director of Justice and Senior Vice President of AECOM. MR. LICHTMAN: Good afternoon. Thank you very much. So we submitted the master plan. It's been reviewed. The Sheriff's Department has been wonderful in terms of the data that they have been able to provide us, and I think, Commissioner McDaniel, you saw some of the data that was presented at the symposium we had several months ago. The report which I'm going to go through, I will try and make it as interesting as possible. It's 293 pages. My original feeling was to go through each page on a detailed basis. For those of you who remember Cliff Notes, we decided we'll do the Cliff Note version instead. So the table of contents here, you can see, it's basically -- and it goes through everything, and, of course, I think the most pertinent part November 14, 2017 Page 92 probably before you in reviewing this is the executive summary, unless you really want to get into the weeds with it. But the executive summary pretty much has everything that you'll need to know. So basically, in terms of the introduction, we'll go through each of these. And these were the tasks that were outlined by our original scope of work: Developing profiles of the detention population, the admissions, the releases; prepare and make profiles, who's in your jail, what's going to happen with the jail in terms of the future population forecast; submit a preliminary report; and then a key issue that is facing all counties all across the country right now, which is the medical/mental-health issues in jail. And, of course, as we all know, that the jails in everybody's community has become the catchall for mental-health facilities and that type of thing. And when the police arrest and somebody is a bit out of it, there really isn't much of another place to take them, so they wind up in the jail; and then presenting the final report. So a little bit of the data. I mean, if anybody has any questions, please feel free to ask. I didn't want to get too detailed here, but some of it, you know, your local misdemeanor, the average age misdemeanor is 34 years old; felon, 33 years old. 78 percent of your inmates are male; 22 percent female. Where the crimes are committed, the bonds amounts for crimes. You know, some of the issues that are facing the country that I'm sure you're aware of right now is that -- instituted in New Jersey, soon to be instituted in California is the elimination of cash bail which, you know, is -- that could sweep the country and really greatly reduce. In New Jersey, I think it's reduced the jail population by over 20 percent so far this year, because they just instituted it last January without a significant rise in crime. Time in custody for inmates: 59 percent of the misdemeanors and 20 percent of the felons were released the same day, which just goes to show what an excellent job the Sheriff's Department is doing in terms November 14, 2017 Page 93 of the whole idea of get them out as quick as possible. And then 16 percent of the misdemeanors, 23 percent of the felons were released after one day. So only 2 percent of the population are in jail for a year or longer, which is just great. Diversion sentences are 8 percent of the felons, 20 percent of the misdemeanors, so that's all good. Go through admissions: Average length of stay 9.2 days in 1991. This is a little bit disturbing. In 2016, the average length of stay was 29.7 days. That's a long period of time to hold somebody, especially pretrial. So average daily population in 1991 was 364, in 2016 was 763; however, you can't -- you've got to take that in context with the county population because you'll see what happened was that despite the fact that the jail population doubled, so did the county population double during the same period of time. So it's really not a terrible statistic to occur. And county population estimates are, in 2020, 378,000, and 503,900 by 24 (sic) -- '45. The admission rates, county incarceration rate: Now, county incarceration rate, let me just share with you, that's not a goal to strive for or to measure. What it is, is it's a test to determine whether or not the other factors are working for you, because what we have is so many variables in terms of the laws, what we're putting people in jail for, how long we're holding them for, how long it takes before they see a judge on an arraignment or anything else like that. So there are so many issues -- or bail diversion and all those other things. So that's just a test to make sure that we are within the norms, which in this particular case, we are; we're pretty good. So in terms of the projections, we have -- just catch up here. What we looked at was the admission rate per 100,000 average daily population, total beds necessary for peak populations, because November 14, 2017 Page 94 obviously you can't turn people away because you're overcrowded. Necessary for classification: What that means is that if you only have maximum security beds available, you can't put a minimum security inmate in a maximum security bed, and obviously vice versa's the same. And then the incarceration rate, which is the test. So here we looked at 2026 through -- the average length of stay for 22 days, average length of stay 25 days, average length of stay of 30 days to make a determination. And on your own time when you have the report you can go through this and see what the impact on the jail is. But what it does is it comes with a number for which you need to house on each of those variables. And then we went further. We went to 2045 so that we could project all the way out. Now, what we don't know is the unforeseen, clearly. I mean, if all of a sudden, for argument's sake, if all drugs become legal tomorrow, that's obviously going to have an effect on this, but we can't project that, and we can't predict it. So, basically, if all the rules were essentially staying the same, this is where your jail population will be by 2045. So what do we do with this? Great. Okay, Roger, you've presented data. What do we do with the data now? So the key to this is exactly that, how do we deal with this? So simultaneously, because what we wanted to do was shorten the overall schedule of the report, what we did was we worked with the Sheriff's Department and determined 10 different types of housing units in order to -- in order to house different types of inmates. And there's a variety of what we're recommending. For example, this is Housing Type 1. They're predicated on 64 beds, which is an efficient staffing ratio, so you have one officer per shift in with 64 inmates in a direct supervision mode so that they actually can interact and communicate and manage the unit in that manner, which is very effective. November 14, 2017 Page 95 So in this case what we have is four-bed multiple occupancy cells so that you have the ability to sub classify. If four inmates aren't getting along, you have the ability to separate them out so that you can micro classify, if you will. And the idea here, too, is that it's a decentralized program so that off of each of the housing units, in addition to dayroom, there's interview space, there's multipurpose space so that they can have some school, recreation, and those types of things as well. So Housing Type 2 takes it one step further: Eight-bed multiple occupancy cells. That gives you the ability to have eight guys living together on a 64-bed unit, so it gives the officers the opportunity to mix and match as they see fit. So if the inmates are well behaved and everybody's getting along, those doors can remain open, and you might be able to have recreation until, say, 10 o'clock at night so it's not lock them up and throw away the key; so that we're really trying to accomplish something here with some sort of education and letting them have meaningful time while they're under your custody. So Housing Types 7, 8, 9, and 10 deal with mental health and medical, which is really the crux of what's facing the country as well as Collier County today. So here -- I mean, in some of these cases, you know, you've got a lot of single cells. You have some other step-down unit where you might have four-bed multiple occupancy cells but still with the recreation and everything else. You have counseling in there. You have more interview rooms. You have a medical cell. In addition, the shared space for the program areas to include all of these things that are there to provide a multitude of other opportunities for the inmates to better themselves and make it easier for the staff to manage a unit without having to circulate inmates all over the jail and take staff time to do that. So the way this works is that this is the shared unit, so you have a November 14, 2017 Page 96 unit control, one guy who might be in charge of the four 64-beds for a total of 256, and that's the way it works, and then however many of those you have. So what we wound up with is 352 total increase plus 48 beds infirmary, and in addition to that, we have 96 mental-health beds of which 64 are men mental health and 32 are women mental health. So a typical housing, general population housing cluster is comprised of two Type 1 housing, one Type 4, and one Type 2, so it basically looks like this. Nothing fancy about that. Then here's the mental health and the step-down units. And the principles identified by the Sheriff's Office incorporated; some of these are worth mentioning: Staffing efficiency, obviously, because that translates directly to the pocketbook of the county; decentralizing so that you're not running a thousand-plus bed jail so that each unit of 64, the most person or inmate or staff will ever interact with is those 64 and then on a scheduled basis within the 256-bed unit. Safety and security, of course, is paramount. We want to minimize opportunities for inmates to harm themselves or others. Natural light is important. I mean, think about yourselves, how you feel in a room like this with no windows versus a room with windows with natural light coming in. And this isn't just sympathy for the inmates, because the staff have to work there, and they're putting in usually more time than the inmates are. So everybody wants a nice space to work. A normative environment so that it's not bars and everything else and, unfortunately, a lot of your existing jail does not project any of these issues right now. So you also want different housing options so that, again, we're not housing everybody in maximum security or everybody in minimum security so that it gives you an effective tool in terms of an November 14, 2017 Page 97 inmate classification system. Obviously, fastest growing portion of the population right now all across the country is women. So we have to be able to accommodate the female inmates, and especially in terms of medical and in terms of mental health, and men also in terms of medical and mental health as our inmate population gets old, as the rest of us get older as well. CHAIRMAN TAYLOR: But, excuse me. You just divided that in half. You said 64 percent for mental-health beds for men and I thought -- MR. LICHTMAN: Not percent. What I said -- the reason being -- CHAIRMAN TAYLOR: Oh, 64 to 32. MR. LICHTMAN: Yeah. And the reason being is because the men population is not double the female population. It's significantly more, so the percentage of mental health within the female that is being proposed here is greater than the percentage for the men for mental-health issues. CHAIRMAN TAYLOR: Okay. So that's a final number, okay. Thank you. MR. LICHTMAN: Okay. Create therapeutic environment: Obviously accessible for inmate programming so that they can better themselves. Durable, clean, well-maintained housing units, state-of-the-art technology is a no-brainer. You know, you want to be on the cutting edge but not the bleeding edge, clearly. And we want to be able to consider long-term flexibility and functionality so that when things change so that -- the beauty of an eight-bed housing unit is that when things change you can do different things as opposed to if you only have single cells, it's hard to treat anybody in any environment other than what looks like a jail. So here's some of the options that we came up with. And this is Option 1. And as Chief Roberts pointed out, some of these are really November 14, 2017 Page 98 expensive. And we went to the two extremes to try and give you all the choices. You can see here this is the existing jail here. So what this does is essentially tear down the entire front of the jail and then build all new. One of the concepts that we also talked about was community corrections, and community corrections is a diversion program so that -- the idea being that if we can keep somebody out of jail but have them on a day reporting basis or just spend the night, for argument sake, so that they're work release, they can go to their job so that their family doesn't have to worry about how they're going to support themselves while the main breadwinner is in jail; this is an opportunity to do that with a community corrections center. So it could either be day reporting or only night reporting, but the idea being is that there is intervention within that person's life as opposed to locking them up and throwing away the key even for a month, because that could be a problem. And they can also be -- through the community corrections, there can be aftercare as well. So -- anyway, that's Option 1. Option 2 is essentially similar. It's a major renovation. Tears down all the housing. I don't -- have any -- if you haven't, I recommend that you walk through the jail. It's not the nicest place to be, and there are better examples. I mean, when you're ready to encounter on this road, I would suggest that we should do a tour together, because there are some good examples; not too far. I mean, Hillsborough County is a good example, is one; Orange County is not too far away either. That's another good example. So just to see what some of the other folks have done. This one is a major replacement. This is 3A. And what this does is actually -- this is very expensive because we're building housing over the retention basin. The problem is the example I used before is some of you are as old as me, and you remember you had the puzzle November 14, 2017 Page 99 that had all the tiles, that you had to slide all the tiles, and there was one tile missing, and you had to get them all in order. Okay. So what you guys have here is you have that puzzle but there's no tiles missing, all right? So it makes it very difficult to move those tiles around without the tile missing. So, as a result, that's what happens here. We've got to create the tile missing. So that's why in some of those options you'll see. Here, this is the same thing with the community corrections center built over the retention basin. Now we get into the streamline options. This is doing the best we can without taking out any of those tiles to move them around but, unfortunately, what it is, is it's straight renovation. So there's a phasing issue that goes around, and what we're trying to do is take your existing footprint and try and make it work for a new program; whereas, the next option says, all right, let's not do that because what we're concerned about is we're going to wind up with a new old jail if we do that. So what this option does, which is Option 5, is it says, no, let's build new for the portions we can build new for where we have the room, and that's what we did here, and then just renovate the other housing units to a minimal. So here is all the cost comparisons. And you can see -- and the thing that I hate about doing cost and cost comparisons is if you look at this line right here, raw construction costs, you can look at raw construction costs and say Option 4, wow, that's pretty reasonable. Even Option 5, which is all that new housing and stuff, that's pretty reasonable, too. But once you start adding on general conditions, general requirements, bonds and all that other stuff, you get up here. And then you've got soft costs, which is all the insurance, and you've got fixtures, furnishings and equipment, and you've got fees and all that other stuff. You wind up here. So the cheapest option is 13 million, and a reasonable option, I think, is 36 million. And if you invest in lottery tickets for the county November 14, 2017 Page 100 and win, you know, close to $100 million, which I wouldn't recommend any of those options. I think you can -- you can glean the benefits of the study and not spend that much money. So, I mean, frankly, we recommended the Option 5 was the one that we ultimately came up with as the best bang for the buck, if you will. And the times you can see right here in terms of phasing, because the phasing in Option 4 and 5, because there's less demolition, it's a little bit more efficient. Any questions? CHAIRMAN TAYLOR: No. MR. LICHTMAN: Feel like you just drank from a fire hose? Thank you. CHAIRMAN TAYLOR: So what are we planning on doing here? Are we -- what's the next step, sir? MR. OCHS: Margaret? MS. BISHOP: Is there a recommendation from the Board? COMMISSIONER FIALA: Say that again. MS. BISHOP: Is there a recommendation from the Board to accept the master plan? Did you want -- CHAIRMAN TAYLOR: To accept the master plan. COMMISSIONER SOLIS: I would make that motion. COMMISSIONER McDANIEL: So would I. CHAIRMAN TAYLOR: And I'll second that. Okay. So there's a motion on the floor to accept the master plan and a second. Any discussion? COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Does the master plan include the bottom-line price? CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: Which is? Is that the one that they recommended the 36,000? November 14, 2017 Page 101 COMMISSIONER SOLIS: No, there's a whole bunch of options. COMMISSIONER McDANIEL: There's five options. COMMISSIONER SAUNDERS: We're not making any decisions. CHIEF ROBERTS: We're not requesting the Board commit to spending any money towards jail reconstruction today. COMMISSIONER FIALA: Oh, okay. CHIEF ROBERTS: What we're asking for is the Board accepts the master plan. AECOM has done a fantastic job of reviewing our criminal justice system. As you can see, we're doing a pretty good job already. They have made some recommendations, some of which we can act on immediately going forward without reconstructing anything. The big thing at the end of the day is the mental-health beds and for the sick people in the jail, and I know the Board is also working with David Lawrence Center on some of those issues. We sort of need to be part of that and maintain, you know, cohesiveness going forward so that we're walking in lock step and get the jail set up so that it can deal with the folks that wind up ultimately being in jail and part of those mental-health patients. CHAIRMAN TAYLOR: That's very good to hear. I mean, I agree, it's a partnership. COMMISSIONER SOLIS: Oh, absolutely. CHAIRMAN TAYLOR: And, you know, we don't want to duplicate efforts. And this is -- I'm very impressed with this master plan, and thank you for initiating. Very impressed with it. COMMISSIONER FIALA: Let me just add, the gentleman asked if any of us have been in the jail. Well, I've been in the jail, actually, but not "in" the jail. COMMISSIONER McDANIEL: Just a visit. COMMISSIONER FIALA: I've taken tour groups through there; November 14, 2017 Page 102 I think it's three tour groups already. Each tour group is very happy to leave. And we suggest that anybody who is thinking about committing a crime, go and take a tour. You'll never commit a crime. So I agree with you. CHAIRMAN TAYLOR: There's a motion on the floor and a second. COMMISSIONER McDANIEL: I do have a comment. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: And I just wanted to say, I didn't see the minutes from the Public Safety Coordinating Committee. Has that come up yet? MR. OCHS: No, sir. COMMISSIONER McDANIEL: Okay. Just as a brief aside, this all falls in line with that organization as well, and we did have a meeting in October. And as a portion of that meeting, I invited multiple institutions of our community that assist with mental illness and drug addiction to attend that, and we talked about coordinating the efforts with the penal side from a -- from the Sheriff's Office along with the judicial side along with the State Attorney's Office at the same time, and with an emphasis -- and it was kind of downplayed by our consultant today, but the emphasis is programming, to transitional jail process to work with inmates that are incarcerated, because we've all come to the grand conclusion that little to no -- little to no assistance comes from incarceration. The penal system really doesn't assist with repeat offenders and such. So that was the emphasis of that committee and moving towards a coordinated effort to assist folks with mental illness and drug addiction, so this report flies right in line with what our -- I'm sure we'll probably see it in December -- the report from the Public Safety Coordinating Committee. CHAIRMAN TAYLOR: All right. So there's a motion on the November 14, 2017 Page 103 floor and a second. Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MS. BISHOP: Thank you. CHAIRMAN TAYLOR: Thank you for your hard works. I know this was brief, but this is a great report that we will keep close to us. Thank you. MR. OCHS: Thank you, Commissioners. Item #14B1 THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), REVIEW OF THE SUBMITTED PROPOSALS TO DEVELOP THE 17-ACRE CRA PROPERTY LOCATED IN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA, AND AUTHORIZING STAFF TO ENTER INTO NEGOTIATIONS WITH ONE OR TWO OF THE PROPOSERS – MOTION FOR STAFF TO WORK WITH BOTH PROVIDERS AND BRING BACK PROPOSALS WITH MORE SPECIFICS FOR FINAL APPROVAL AT A FUTURE BOARD MEETING – APPROVED MR. OCHS: That takes us to our 11:30 time-certain hearing. It November 14, 2017 Page 104 was Item 14B1, and the Board will convene as the Community Redevelopment Agency. Check a recommendation that the Board acting as the Community Redevelopment Agency board review the submitted proposals to develop the 17-acre CRA property located in the Bayshore/Gateway Triangle Redevelopment Area and authorize staff to enter into negotiations with one or two of the proposers. So I believe -- CHAIRMAN FIALA: Got it. MR. OCHS: Got the gavel, Madam Chair? CHAIRMAN FIALA: CRA meeting will please come to order. COMMISSIONER TAYLOR: Do it again. MS. FORESTER: Good afternoon. For the record, Deborah Forester, CRA Director. This afternoon's presentation is a review of two submitted proposals for the 17.89-acre property that is located in the Bayshore/Gateway Triangle CRA. The 17-acre site located on Bayshore Drive was purchased by the CRA in 2006 with the intent to provide a cultural arts facility and provide a connection from Bayshore Drive to Sugden Park. Planning studies and public input continued through the years to review -- to refine the visions for the Bayshore cultural arts district that would serve as a catalyst project for the area. CHAIRMAN FIALA: Deborah, I'm sorry to interrupt you. I was just asking, did you say your name for the record so that our court stenographer has it? MS. FORESTER: I believe I did, but it's Deborah Forester, CRA Director. You're welcome. So the vision for the district is to create a destination with both cultural and performing arts, residential and retail uses, including a live/work unit that attract the creative class to come into the area. Providing a connection between the site and Sugden Park is a November 14, 2017 Page 105 priority which would provide easy access to both the Bayshore residents and park visitors which would allow for an expanded market area. To implement the vision and increase the marketability of the site, the CRA pursued a rezone of the property. In 2012 the property was rezoned to the Bayshore Cultural Arts Village at Bayshore, a mixed-use planned unit development. The current zoning allows for 40 residential units, up to approximately 48,000 square feet of commercial, up to 84,000 square feet of a parking garage, and a 350-fixed-seat performance theater. The site also allows for a height of up to four stories. I'd like to invite Tim Durham up to the podium. He will go over the process and introduce our two presenters today. Thank you. MR. DURHAM: Hi, Commissioners. Tim Durham, for the record, County Manager's Office. We have -- I'll tell you a little bit about the process. I'll make it very quick. The executive summary kind of lays it out very nicely. But in an April 11th BCC meeting you approved guidelines to put out a solicitation to get proposers for this. That was done June 1st, 2017. We gave them 90 days to respond. By August 21st, 2017, we had three successful proposers that met the deadline. Those three proposers went before the Bayshore/Gateway Triangle Advisory Board in two separate meetings; one on October 5th and one on October 19th. One of the three presenters formally dropped out of the competition. That was Minker's Property, LLC. That leaves you with two presenters who are here today to show you their proposed projects. With your pleasure, we'd like to give each one up to 10 minutes, if that's -- up to 10 minutes to show you what their projects are. So without further adieu -- and I'd be happy to answer questions after the presentations -- the first one will be Mr. Arno De Villiers. MR. de VILLIERS: Good afternoon. My name is Arno De November 14, 2017 Page 106 Villiers. I'm the President, and my company is called Arno, Incorporated; A-r-n-o. I'm an architect and a Florida licensed building contractor. My wife and my family and I have lived here for 20 years, and all those years I've been very happy in Naples, and I've been involved in this project for the last 10 years. So without further adieu, let me move on. This is the village that I would like to build over there. In the far distance, you see the performing arts hall. It's called the VPAC Hall right now. I'm sure they'll change the name eventually. But the village will be a mixed-use one with commercial spaces at grade. As you can see on the left side, that would be Bayshore Drive with a direct pedestrian access right into a shopping street with small commercial units at grade, or first floor, and then you move to the back to where there is a village square or a piazza, whatever you want to call it. So this would be the VPAC center that I designed in consultation with the Opera Naples group and the CAPA Group. And this is based on the strict dimensions that they gave me concerning the idealized performance hall or opera house. I was involved -- I'm just taking you through a little bit of history. In 2008 I was involved with David Jackson, Jean Jourdan, and good Shirley -- good old Shirley Garcia at the time, who's still there. And through the agency of RWA civil engineers, I had -- I was asked for a proposal, and what you see there in the back is the performance hall that was requested and suggested at that time. And on the left of the picture, you would see the parking garage surrounded by some mixed-use buildings. That was then. Now, here is my philosophy: Appoint the very best team you can appoint of legal, financial specialists, architects, and engineers. I'm proposing two development teams. Right on the left you'll see the village development team comprised of everybody from -- virtually November 14, 2017 Page 107 from Collier County. We have some extraordinarily talented people, capable engineers, et cetera, in Naples and not necessary to look anywhere else. On the right side, however, it's a separate team, because we really need to have the absolute best. If I can point out anyone on the right, that would be Fisher Dachs Associates from New York. They are absolutely the best in the business. This is their brochure. Let me just show it to you. You can see how many pages their brochure is. Mr. Joshua Dachs has been to Naples, very interested in taking this on. He was involved with CAPA some time ago as a consultant for a while, and he's really very keen to pick up the reins again. He has been involved with over a thousand performance halls all over the world. Can you believe that? Theaters, opera house, all kinds of such facilities. He is, without doubt, the best guy in the world. Depending how much he charges us, we will be appointing him. Okay. I had all my life studied the village. It's just been a lifelong passion, and I've always been very keen on the subject. I wrote this book, so I feel like an expert. I wrote the book on it. There are 60 pages of ideas that really work that come from my observations about how things have been built that have been very successful. I'm talking villages in the United States, also in Europe, and I've always asked myself, why do thousands of people spend a lot of money traveling over there to just enjoy the environment? And I've tried to unlock the secrets, and I've applied them here. Okay. This is a little aerial. Again, it shows Bayshore Drive on the left, a pedestrian mall -- sorry -- just a pedestrian street with shops at the bottom, which is directly accessible from the sidewalk. We're not climbing stairs up to it or climbing stairs down it. I've looked at those issues, and what we want to foster over there is pedestrianization. We want to be able to create an environment there where people can walk up the sidewalks and walk into the facility. November 14, 2017 Page 108 Bayshore's really a cool place. If I can use millennial language or even from my hippie days, it's a cool place, and we want to make it even more cool, right? What I'm trying to do there is create a Mercato for the average person. Why should only millionaires or multimillionaires be allowed to stay in the true urban environment, like Coconut Point or Mercato or Fifth Avenue, for that matter? We want to do this for the average person. Now, if you want to bake a cake or prepare a good meal, ask any chef, especially a gourmet chef, and he would tell you how to do it is follow the recipe. My son even -- you know, I'm trying to improve my own culinary skills. And he says, Dad, follow the recipe, because he worked for some time helping a gourmet chef. So what is the recipe? The recipe is -- and this is really important. I really want you guys to drink this in. Place all the ingredients that make up a true urban village into a pedestrian-only zone. No cars allowed in the inner-sanctum, like at Coconut Point or the Mercato. Take the cars out. You'll see there's a circular part on the outside, which is a service road. You can drop all your goods and daily requirements, fire trucks or refuse trucks, confine them to the outside. Children should be able to run around without fear of being run over. What you're putting there is all within a very short walkable distance. In this particular instance -- this is from my book, by the way, which you can find online quite easily. So the living is there, working there, shopping, eating, playing, and the VPAC center, especially, should be part -- right in there within the two-minute distance, and you create a synergy thereby. You don't want to take the VPAC center, move it out 1,500 feet, which will take you 10-minute walk across boardwalks to get there at night which the crocodiles or alligators are in the way. So don't try it. COMMISSIONER McDANIEL: Crocodiles in there? November 14, 2017 Page 109 MR. de VILLIERS: Okay. Step one, separate pedestrians and parking. Step two, you've got the walking street now. Then the wide spaces are where you would put buildings. What that does is you create the village square, the walking street, and then little alleys in which you can kind of get lost at. I'm going to show you three urban patterns which I would like to reintroduce. These are classics patterns that have always worked. The one showing now is Monpazier in France built by the British in about 1400. You'll see always what happened there. The piazza or the village square is a living room for the community. We need to create that on Bayshore. That will be the heart of the village. There's a small one in Naples downtown. Thank you to Andrea Clark Brown. There's at least a little place in front of the Sugden Theater which you can say, okay, when you sit down there, you're in the heart of Naples. So when you sit down at this one, you're going to be in the heart of Bayshore. Okay. Secondly, pedestrian shopping streets. What happened in ancient times you would put all the shopping and the important spaces around the village square. When there's no more space for shops, you would go alongside little side streets, get lost over there, like this plan in Marbella in Spain, amazing place. This is Marbella Antigua, the old city. You get lost and discover a little bar or a coffee bar along the way. Third, classic urban pattern, which we just virtually don't see anywhere. CHAIRMAN FIALA: What that bell means is your 10 minutes are up. MR. de VILLIERS: Okay. CHAIRMAN FIALA: Can you wind this up, you know, in another sentence or two? MR. de VILLIERS: Sure. We have studio units, one-bedroom November 14, 2017 Page 110 units, and two-bedroom units, and this is the big plan. The last thing I want to say is the VPAC center, that is where it should go. That was the original intension and, secondly, they need all three acres to really do a -- for us to do a descent job over there. Thank you. CHAIRMAN FIALA: Thank you very much. It was so interesting. We really appreciated that. MR. de VILLIERS: Thank you. CHAIRMAN FIALA: Next? COMMISSIONER McDANIEL: Can I ask him one question, Madam Chair? CHAIRMAN FIALA: Yeah. COMMISSIONER McDANIEL: Sir? And I found it interesting that we were today voting or going to make a decision to direct staff to go and negotiate with these potential purchasers, but there were kind of offers made along that -- proposals made for these acquisitions. And did I read in your proposal that you were making an outright purchase of the 17 acres with little to no government assistance request other than what we may be able to afford for housing affordability and the like? MR. de VILLIERS: Yes. COMMISSIONER McDANIEL: Okay. MR. de VILLIERS: I would request perhaps a reduction in the impact fees or maybe a delayed full payment at certain milestones along the development process. COMMISSIONER McDANIEL: And just to be clear, I'm not looking for you to commit today. I just wanted to -- I remember reading that in your proposal, and I wanted to hear it out loud. And I think what we're going to get today is a direction to staff to negotiate with one or both of these proposers, and we'll get into the specificities at a later date. But I just -- I wanted to clarify that. November 14, 2017 Page 111 CHAIRMAN FIALA: Maybe I could ask a question also, then, before we move to the next one. Can the opera house operate in the same facility as CAPA? MR. de VILLIERS: Yes. Absolutely. CHAIRMAN FIALA: They don't need a fly space or anything? MR. de VILLIERS: They need a -- the opera certainly needs a fly space. CAPA not too much. But they have worked their differences out, or their similarities, I should say, and that would combine all the facilities. And then there's a rest of space where external spaces could be used, such as an amphitheater, but that will all come out with the final development proposal. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: So it's my understanding, number one, your development will be funded by your investors -- MR. de VILLIERS: Correct. COMMISSIONER TAYLOR: -- but you don't have any commitments for your investors right now. You have a letter, but it's not a commitment? MR. de VILLIERS: No. I am fully committed -- I do full commitment of financial support by the same development -- by the same financial source in which I submitted a letter. COMMISSIONER TAYLOR: The White Lotus? MR. de VILLIERS: No, no. This is NexTier out of New York. I looked at various options financially. The best one I could find is a group called NexTier out of New York. They have financed about $24 billion of property development, and they fully are supporting me and behind this proposal. COMMISSIONER TAYLOR: That's not in the packet. MR. de VILLIERS: It is. If you're happy, I can table a letter from them. COMMISSIONER TAYLOR: If it is, then I've missed it. I November 14, 2017 Page 112 thought it was White Lotus. I thought that -- MR. de VILLIERS: It was in my original meeting with the advisory board. At that point I was looking at three options, but I've now settled on this group out of New York. COMMISSIONER McDANIEL: It's on Page 14 of his proposal, and it does say NexTier, not -- NexTier is the group. MR. de VILLIERS: Yes. I have a copy for you, if you would like. COMMISSIONER TAYLOR: That's fine. We've had almost a year's delay with an underfinanced candidate that actually came on my first day on this job. And so we just -- you know, I think there's a roomful of folks that really want this to happen, and so we have to be pretty secure that the funding is in place. MR. de VILLIERS: Yes, yes. COMMISSIONER TAYLOR: Okay. So I'll leave that to Mr. Durham to do that research. But it's also my understanding the VPAC, that will be separate and apart. The fundraising will be -- MR. de VILLIERS: Correct. COMMISSIONER TAYLOR: -- on their shoulders completely. MR. de VILLIERS: Yes. COMMISSIONER TAYLOR: And how interdependent is the VPAC to your development if the funding cannot be realized? MR. de VILLIERS: If funding cannot be realized by VPAC, is that what you're saying? COMMISSIONER TAYLOR: Yes, if. MR. de VILLIERS: If. Then the option is to extend that village over there into that area, especially the residential. I think there's probably sufficient commercial space already there, which is roundabout the 40,000 square feet which is called out in the present designation, you know, for the PUD, sorry, document. So what we will do there is simply more live/work units, which November 14, 2017 Page 113 really should have happened in the lunar area, but the county, unfortunately, sold that land to a guy that never followed the -- really what was desired there was live/work situation, and I'm very much in support of that and probably could also do that on the Shadley property, which I think is low-rise, so that when you drive down Bayshore Drive you can see the opera house or the VPAC center across the lake. There's also other options, for instance, floating tiny houses. That just came to me the other day, and I think that's quite neat. But, you know, it's got to be done in consultation with the county. We don't want to reduce the impact. We want to increase the synergy by bringing everything closer together and not scatter it. So that's -- COMMISSIONER TAYLOR: And are you considering any rentals? MR. de VILLIERS: I think rentals will happen automatically. COMMISSIONER TAYLOR: I don't mean owner rentals. I mean actual rentals where there's a management company. MR. de VILLIERS: That is a possibility here. I would say I'm very much in support of home ownership, and that will be certainly my first push. But I think what happens sometimes is if there's a management committee, say, like a condominium motel where you have the management group that if you are not there or say, for instance, you're a European and you come here and you're only here for six months, you could put your unit back in a pool, and it becomes available to be able to rent, especially visiting singers or performers or artists or whatever. So definitely there should be a management that controls the rental situation. But I think it should be left to market forces. And, you know, I could speak for a long time on the whole issue of workforce housing. One more thing on that issue. If the developers in Naples had November 14, 2017 Page 114 really provided housing for the average Joe and Jane, we wouldn't have this situation where we have to put a label on certain people and call them workforce people. They are just here as a human being as we are, and we should have provided that for them ages ago. COMMISSIONER TAYLOR: Are you providing for them in this? MR. de VILLIERS: Absolutely. The reason that they are able to achieve low sale prices is by reducing the area of units. That is a tendency right across the world but especially in the U.S. I've had so many clients, you know, that live in extreme opulence with kitchens they never cook in, views of the bay, et cetera; fantastic lifestyle. But my heart was never in that. You know, we can provide for them. Naples has always seemed to have provided for those people and not looked after the people in the service industry who have to carry the load, you know, clean their windows and look after their kids, et cetera. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: Thank you very much. I'm sorry we kept you so much longer, but these were some good questions. Thank you. MR. de VILLIERS: Thank you. CHAIRMAN FIALA: Next, Leo? MR. OCHS: Yes, ma'am. MR. DURHAM: Yes, ma'am. The next one is Harry Bandinel of Banroc Forge. MR. BANDINEL: Good afternoon, Board. For the record, my name is Harry Bandinel with Banroc Corporation. A little closer. There we go. Thank you. Again Harry Bandinel with Banroc Corporation. We have spent a significant amount of time analyzing this property, the 17 acres. One of the first things I did was to look at the challenges of the property. It has a lot of potential in the sense that it's November 14, 2017 Page 115 this location next to the park. And we tried to look and see what we could do to make the -- maximize the use of the property, and one of the things was to increase the size of it, if you look at it. And can we put up the site plan, please. It's 17 acres, but there's really only usable six acres. So one of the first things we looked at was to include the Shadley property, if you look at the diagram there. From the -- do you want me to go around there and do it? I'll show you. We want to include the Shadley property, which actually almost adds another two-and-a-half to three acres to the property. Now we have a village that has a significant size and impact. It also increases the frontage to the street by almost double, and it allows better accessibility, and at the same time we can connect the park better by having the entrance at the bottom, and then we also have a big boardwalk going across to the park. We did two options. One was directly addressing the ITN, which was just on the 17 acres. When we studied this, we also thought, well, the park is next door. We're talking about having great connectivity, so why not try and connect it? And our second option does that. It actually puts the -- if you look here on the bottom, it puts the performing arts center into the park. And then along with that, we had several other improvements that are on the list that I gave you there. It really creates an exceptional, we think, space for all of Naples, not just for Bayshore. But this is a park and a facility that will work for everybody and be game changing to the whole area. Critical is the size of the village. If we have a village that's too small where you don't have enough restaurants, if you just have one restaurant, you're not going to get the critical mass of people getting there to make an economic success. And one of the key issues that we don't want to do in Bayshore is build something that's too small that's not going to be an economic November 14, 2017 Page 116 success. Part of trying to bring the whole Bayshore back up is to create something that will have a significant mass. So we have -- instead of one restaurant, we have six. Instead of 30 homes, we have 250, so we've really maximized the space, create something that will have the synergy, and have enough volume to really be a success as an economic unit. We can do either. We could stay with the Option A and put the performing arts center in the 17 acres; however, there's one big issue that we need to look at there, and that is that the -- in order for the PAC, the performing arts center, to be successful, it needs on its own an endowment, additional endowment to the 40 or $50 million it's going to cost to build it, probably have 10 to $15 million a year that's got to come from somewhere. The more flexible we can make that facility, the more likely it's going to be successful. So by putting it in the park, we now have the ability to do a lot more venues there. And one of them is we've put in a 6,000-person what we call outdoor concert field where we can have outdoor concerts, all kinds of outdoor events. That will help the financial viability of the PAC, or the performing arts center. Along with it, we've also added on the bottom of the park a little island. We call it our events center. The idea there is that we can do farmers markets on the weekend, have similar events like we do downtown where we have art fairs and that sort of thing, have a special facility just for that. Even that brings economic benefit to the village. And we also include a plaza artist which, again, that's to increase artists and all that's mentioned in there for artists and to promote local art. The next thing is the actual financial aspect of the project; that we need to make sure it's not going to fail. And that is, I think -- again, I can't stress enough the fact that we need to have a critical size for it to work. November 14, 2017 Page 117 Also -- from two sides, one is developers, we need to have enough to have real estate that we can sell and market, and if half of it is parking lots and we only have a really small village, it's not going to work. So that's a critical component. Do you want talk a little bit about your part? Sure. Good afternoon, Commissioners. CHAIRMAN FIALA: I'm sorry we're talking. Excuse me. MR. GALLAGHER: No, that's quite all right. My name is Tom Gallagher. I'm a Principal with DLR Group. We're specialists in design for the performing arts and housing projects. We've done over 50 significant housing projects around the country and over 200 performing arts projects around the world. We are also the only fully integrated theater design firm in the country where we have all of the disciplines in house: Theater, technical, acoustics, audio/visual. A couple projects of reference relative to this one is currently we're involved in a project in Shanghai where we're designing four theaters that are very complementary to each other, very similar to the VPAC where is has a smaller theater component and a larger theater component. High level of flexibility, you know, in that project. We're involved with Schenkel Shultz, our architect of record for this project, on an arts center in Sarasota, Players Theater, which is comparable in scale to this project, about 70,000 square feet, currently in design development, and we also just completed recently an amphitheater in a county park outside of Syracuse, lake view amphitheater, which is relevant because it's operating 24/7 as a county park, and there's a lot of similarities with what you're doing, so I just wanted to add those qualifications. In terms of the design, following Harry's vision for the project, we're very intentionally trying to create a high level of interest in the volumes and the visual architectural language at the village, very November 14, 2017 Page 118 similar to what Mr. Arno was saying, relative to creating places for interaction and dining -- you know, waterside dining and shopping, but also just an attractive place to be. The idea is to create a place where people that -- with the critical mass that Harry mentioned, a place that people will want to come to just to see what's going on as opposed to knowing what they want to do each time they come there. I would also just want to mention that relative to arts in the park, in many of our projects we see a high level of synergy, and in this project that's particularly relevant. The park, obviously, whether it's the 17-acre Option A configuration or the Option B where we engage more fully the Sugden Park, the wellness and entertainment aspect of the park is only enhanced by the arts being part of that, and we see that being more and more around the country a key aspect of these arts projects in order to make the arts a part of everyday life in the community and not a special place on the hill that only a certain part of your community goes to. To have the arts fully engaged with your natural assets is, I think, very important. And just relative to that point, I just wanted to show the image -- show this image relative to the way that we're anticipating connecting to the parks. In Option A, our idea for the arts center is that it's oriented to the north so that when you're traversing on the boardwalk from the 17-acre site to Sugden Park, you have a full panoramic view of that lobby of the arts center and, likewise, the people in the arts center have a full panoramic view of the landscape before them. That's even more enhanced in the Option B configuration where the arts center is on the lake. We truly believe that that's going to make Sugden Park a better version of itself and Sugden Park is going to enhance the arts center. Those are my main points. MR. BANDINEL: Again, in closing, I think the important thing November 14, 2017 Page 119 is to look at the -- we have an opportunity here to really create a special location both as a private facility, which would being the 17 acres, and then to enhance the park and really use the park to create something special. And given the larger scope of it, I think will be -- economically, it will have much more chance of being a success. Lastly, I just want to mention about the VPAC. And there's been some issues when we talked with the CRA about the ability to obtain 40 or $50 million to be able to fund the performing arts center. That's a significant number. There's two things. One, we've come up with a couple of scenarios, and what I presented you this afternoon, it shows what we could do if VPAC cannot raise those funds. We think we can, but there's a possibility we can't. So what we don't want to have is a failed project where now VPAC could not raise the funds, and we're sitting there, what do we do? So our suggestion is that we give VPAC 12 months to raise the funds. We will help them with that any way we can. We can concurrently plan the project just like it is. If VPAC is able to raise its funds, great, we put the performing arts center either in the park or in the 17 acres. If, for whatever reason they cannot, we can still proceed with the project, and we would simply put our residential units into the space where the VPAC would be. It also allows us to maybe look at eventually still doing something with the PAC in the park. I have met with Parks and Recreation. They blessed -- kind of the idea they liked it, of having -- there is a precedent for this, too. If we look at the Naples Zoo and also the children's museum, those are both situations where a private entity put something on the park based on, like, 99-year lease for some kind of token amount. If that were the case, too, lastly, Banroc would be willing to provide about $500,000 of funding to the park for additional November 14, 2017 Page 120 improvements to Sugden Park. So if we can pull it off, do it all, we would do that. And I think we have a project here that will be of significant difference. Lastly, the benefit to the county from a tax point of view, we've done a few estimates, the construction of the 17 acres will probably provide about $1,500,000 in annual tax revenue, new revenue, create 2- to 300 employees. And if we do it in Sugden Park, we also probably have another 4 to $5 million worth of tax from sales tax that we would receive from businesses there. So it's -- if we do it the right way, it looks like a big project. It can be done. We've picked the best people that we have. You've seen the team that's working with us. I think we can create a great job. Thank you. CHAIRMAN FIALA: Thank you. Any questions? COMMISSIONER McDANIEL: The rezone that we accomplished on this piece of property already calls for how many units? MR. BANDINEL: Well, yeah. Your 40 units is that current base zoning. COMMISSIONER McDANIEL: Four units per acre. MR. BANDINEL: I think it's the whole -- no, it's the whole PUD. It's 40 units plus the square -- COMMISSIONER McDANIEL: Forty, I'm sorry. MR. BANDINEL: Yeah, 40. One of the things we're doing by adding the Shadley property, we're actually doubling the base density. So the Shadley property has a base density of 40 units, so now we have a base density of 80. Obviously, we're going to be asking the county to increase the density to add approximately 2- to 300 units on the whole property. It will fit very nicely. We'll have lots of open space. If you look at the projections there, I gave you what we're looking at, so it will fit. We'll still have a nice, open feel without -- you know, with the November 14, 2017 Page 121 250 units. COMMISSIONER McDANIEL: And both proposals that were presented to us basically were an autonomous development with a performing arts next to it. And I like the approach of the phasing projects where one's not interdependent; it's just a complement of the other. MR. BANDINEL: Well, that's exactly what we tried to accomplish here; that we can phase it in different phases, and one's not dependent on the other. It gives us that flexibility. COMMISSIONER McDANIEL: Right. MR. BANDINEL: And it is an issue, you know, to raise the 30, 40, 50 million. One of the things I'd like to add, with the DLR group, who has done performing art centers, they're doing the one in Sarasota, which is just up the road, and they're working on that, and they've got that in similar size, 75,000 square feet for $30 million, so we don't need 50-. The skill that DLR has, their experience, we're able to create a very nice facility for significantly less. So let's just say we can't raise 50 million the VPAC originally thought they would want for the state-of-art facility, we can still do something very nice for 30 million, which will help the opportunity there, too. CHAIRMAN FIALA: Any other questions? Okay. COMMISSIONER TAYLOR: I have a question. You expect the county to pay for the parking garages; is that correct? MR. BANDINEL: No. What we're looking at, to take full advantage of the property and to be realistic about having a nice village and not having a bunch of parking lots that everybody looks at -- because if we have a parking lot one side and a parking lot in the back, half the property's going to be parking lots, and that's a four- or five-story parking lot. I think we're going to get a lot of rejection from the community, November 14, 2017 Page 122 because I've already seen that when I've been to meetings at the CRA that, you know, next to small home you've got a five-story parking garage; not going to look very attractive. If half the front of the space is parking garage, it's not going to look nice either. By putting them underneath, we do away with that. It does cost a little bit more money, but it creates a lot of advantages. People can go straight up on the elevator, go right up on the mezzanine. You're not going to get wet. You don't have to walk very far to the parking. COMMISSIONER TAYLOR: You misunderstood. I don't object to parking garages. I'm just saying you expect the county to pay for that? MR. BANDINEL: No. We thought part of -- when we go to final negotiation is to look at that. That cost is going to be significantly more. So one of the things we could look at is seeing how the county -- since we're going to create significant additional revenue for the county, 5, $6 million a year in additional tax revenue, given the sizes of the facility, more stores, more shops, six restaurants instead of one -- but that's going to cost us more, so, yeah, we'd like to speak with the county and see if they can help us in some way to fund some of that. Not all, but some of it. COMMISSIONER TAYLOR: But that's in your proposal. MR. BANDINEL: Yeah, yeah, it's in the proposal. COMMISSIONER TAYLOR: Not only for that, but also for the VPAC. MR. BANDINEL: No, the VPAC, no. VPAC, that's -- funding of that parking is separate. Depending on which of the two scenarios we take, VPAC will either be parked underneath the performing arts center on the 17 acres -- if we go into Sugden Park, we have the advantage that we can park -- we do a separate parking garage right across from it here, which would work a lot better. November 14, 2017 Page 123 COMMISSIONER TAYLOR: But the parking garage itself for VPAC, I thought I read that you also are -- MR. BANDINEL: No. COMMISSIONER TAYLOR: -- hoping that the county pay for that. MR. BANDINEL: No. We're looking at just for the -- if that's how -- it was mistaken. But we're looking basically to pay -- help for the parking down here. COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: It does say it in the proposal but, you know, I think at this stage we're in the -- we're going to get -- we're going to vote actual proposals and then view them individually. But the proposal that they did submit suggested that the city and the county -- MR. BANDINEL: Help with parking, yes. COMMISSIONER McDANIEL: -- assist with the parking. You didn't misread that, so... COMMISSIONER TAYLOR: And do you have firm financing? MR. BANDINEL: You know, the financing -- this is a $100 million project if we do all this either way without the VPAC, okay. Our -- the budgets we've put together, it's 60 to $70 million to build the village, if we do it the right way. It's another 30, 40 million to do the performing arts center. So we have a series of sources -- I think I put a couple letters in there -- that would commit to funding, but it depends on what the final terms are in terms of the land cost, what you guys would contribute. That could be done real quickly. So we have the find -- to buy the land, that's available, but that's just a small part of it. So we have to look at the whole thing. You know -- and to purchase the land, three or four million. That's not really an issue to raise the rest. And that's done in a lot November 14, 2017 Page 124 different ways, different phases. And then obviously with VPAC, too, we'd like to be involved with them to try and help them raise their money. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: Commissioner Saunders? COMMISSIONER SAUNDERS: Just a quick question and then a comment. In terms of the parking, you're going to have that all underground. How many parking spaces -- and this would be just a rough guess. Is it going to be two-level parking underground? MR. BANDINEL: We have enough space, if we take the whole -- if you look at the site, it's the north site here so this square here, we'd have enough for about 350 parking spaces on one level, okay. And it's all been calculated that we would have enough parking. So overall, we'll have about 800 parking spaces as per our plan in the 17 acres, and then -- COMMISSIONER SAUNDERS: Is that below grade or maybe I'm mis -- MR. BANDINEL: No, no, that's ground level. All the parking's going -- we're not going underneath. It's not going up. It's ground level. COMMISSIONER McDANIEL: Underground is kind of wet. MR. BANDINEL: Yeah, we can do it. I've had a project. You can do that. I mean, we've done it, but it's more expensive still. COMMISSIONER SAUNDERS: I just -- MR. BANDINEL: It's just one level, and what we'll do is around the parking we're going to have storefronts all along the Bayshore so that you're not going to see the parking. It's going to be totally hidden. You're not going to see it in the village. So on all three sides you'll have storefronts, and then behind that's the parking. COMMISSIONER SAUNDERS: And, Madam Chair, in terms of just a comment. Whichever way we go, I'm sure we'll be making a November 14, 2017 Page 125 motion in terms of how to proceed. But my preference would be that the VPAC would be on the Sugden property so you're enhancing the size of the parcel. And then you mentioned -- and this will show my ignorance, but you mentioned the additional acreage that you would add to this. MR. BANDINEL: The Shadley property? COMMISSIONER SAUNDERS: Yeah. What's the ownership of that? MR. BANDINEL: The Shadleys own it. I have -- actually have it under contract with them to purchase it. COMMISSIONER SAUNDERS: You do have it -- okay. MR. BANDINEL: Yeah. So that's -- they're asking significant money for that. It's a big expense. But one of the main advantages is the frontage it would give us, additional space for the village that we have to have to make this village economically viable. We're also to say -- the whole front of the -- on Bayshore, it will totally change the look, because we'll have one congruence. It's almost going to be 900 feet of street frontage instead of 400 that we have now. COMMISSIONER SAUNDERS: And, again, one last comment. In terms of just the mass that's needed for this project, you know, the idea of adding additional property to it and moving that VPAC to the Sugden Park seems to me to be a real logical way to go with that, so... MR. BANDINEL: One of the things -- a comment I wanted to make, as far as the connectivity of the two, the comment that was made about the performing arts center, if we put it in the park, being too far from the village, it's exactly two street blocks. So that's a three-minute walk. You go downtown, you park downtown, you walk two or three blocks from the restaurant, the same thing here. So I don't think that would have any impact. If it's pouring rain, you can drive from one parking garage to the other, so that won't really be an issue. CHAIRMAN FIALA: So the parking for the homes would be November 14, 2017 Page 126 there? MR. BANDINEL: Yeah, for homes also. We have two. If we do all the homes -- if we do the -- the PAC in the park, we'll have more parking, basically, for the village, because we're doing away with all that space. We'll have some condos there. We're actually going to have 80 units, so we'll have additional 80 living units that will be in an affordable price range. We're looking at 1,200 -- 1,250-square-foot condos that we're looking to sell in the 250 to 325 range. CHAIRMAN FIALA: But they won't have a garage or anything? They'll have -- MR. BANDINEL: They will. There will be -- no, they'll have garages underneath, and then we have a parking garage, too. So they have their own. There's two spaces. If you look at it here, we've got the -- do you have the layout? We don't have that actually. It's on this one here. It's kind of small. Yeah, you can see it here. This is a sample of if we do away -- this is where the PAC would be. So if we take that away, we have four buildings here with the condos. They're going to park underneath the building and then also will be a parking garage here. And this could also be additional parking for all this. And here we'll have the underneath parking come in here. So you'll come in this way and come out, but you won't see any of the parking. That's what's nice about this. So you won't -- except for this parking garage here -- this lot here, you won't see any of the rest. COMMISSIONER SOLIS: You won't see any of the parking from inside of the village? MR. BANDINEL: Exactly, yeah, from inside the village or even from Bayshore. You'll drive Bayshore. This will all be storage here, and right behind will be the parking. So you'll have one row of -- I mean, the street front will be stores or shops, and then right behind will be the parking inside. November 14, 2017 Page 127 COMMISSIONER SOLIS: But then what's facing interior to the village, like the square? MR. BANDINEL: The square here, the square is slightly raised. It's going to be up above the parking, so it will be -- it's up on a deck, which is also nice. It gives you a better view of the water. Part of what we've incorporated here is to keep this whole view over this way. COMMISSIONER SOLIS: Okay. MR. BANDINEL: Okay. And then this will be the parking. But on the ground floor, all this will be stores all the way around here. So the only where you'll see parking is back here where you come in. COMMISSIONER SOLIS: Okay. MR. DURHAM: Commissioners, if -- Tim Durham, again. If I just may interject. Something that may be material. You raised a very good question, Commissioner Saunders. That Shadley private property, there's an indication that they would be willing to sell that to whoever the Board's ultimate winner is. COMMISSIONER SAUNDERS: So you don't have it under contract yet then? MR. BANDINEL: I have -- well, I had it written under contract, then when everything got delayed, the actual contract expired, but I have a verbal contract with them, which is also legally binding, to purchase it. Now, they've also said that there's other people that want to purchase it. But, yeah, I had it under contract twice. Right now we're not, but we have a verbal agreement that, yes, if we do, we'll put it under contract. COMMISSIONER SAUNDERS: Okay. CHAIRMAN FIALA: So how much of the Shadley property is water? MR. BANDINEL: About a half. The Shadley property's 2.51 acres, and the water -- again, depending where you draw the water line, but what's there is about an acre is water, and about an acre and a half November 14, 2017 Page 128 is land. And, again, the critical thing with them is we get the street frontage, we add 300 square feet, so almost double the frontage on the street, and also the density, that we get double the base density. That's one of the key advantages there. CHAIRMAN FIALA: I want to get to our audience members. How many people do we have, speakers? MR. MILLER: I have one registered speaker for this item. COMMISSIONER SOLIS: I'm just curious, what kind of, I mean, price points and what kind of products are you going to be offering? MR. BANDINEL: Yeah, okay. It's on the list there but, basically, if we look at residential, we're going to have small lots, again 750 square feet -- COMMISSIONER SOLIS: Oh, right. MR. BANDINEL: -- two-bedroom. Price point 170, 180 starting to 220, and then we look at our -- those will be lots that will be in the village, which is in this part, the actual village component. The ground floor or the main level of the village is going to be stores and shops, restaurants. We've got six restaurants, four food shops. That's, again, the critical mass that we need. The restaurants will be -- that have outdoor terraces and stuff, outdoor dining. It's all designed to be along the waterfront, so it will be a nice experience to be there. And then we've got second floor; we're talking about doing some 30 or 40 offices, small office spaces, again, for the small businessperson that needs 500, 600 square feet as an office, keep that affordable, rent it for maybe $1,200 a month, $1,000 a month. And then we're looking at the residences, if we do the condos on the PAC property, those are 1,250 square feet. We're trying to keep the price around 300, 275, 325, depending on the option, for November 14, 2017 Page 129 1,250-square-foot condo. So that's -- and we're talking about 280 units all told, with residential. CHAIRMAN FIALA: Two hundred eighty units on how many acres? MR. BANDINEL: It's six acres. But remember, they're small. So we're looking -- we're staying four floors. We're not going higher than four floors on the whole thing. So between the village -- the village has 120, and then we've got another 100 units in the -- you know, what we call our residential condos, so... COMMISSIONER TAYLOR: How much dredge and fill do you have to do to site the VPAC on the lake? MR. BANDINEL: Good question. You know, that's -- I mean, if we keep the lakes as they are, which we'll try and do, that's how the plans are drawn out, we shouldn't have too much because, remember, if we do the VPAC on the 17 acres, we're going to park underneath, right, which will also raise the VPAC, one of the things that I personally am not that crazy about, because we're going to have a pretty tall -- it's already 60, 70 feet just to have it work properly. So that's, personally, one of the things I think, from a visual point of view, it will be nicer to have the VPAC in the park. COMMISSIONER McDANIEL: Those napkins aren't part of the design? MR. BANDINEL: No. COMMISSIONER TAYLOR: Okay. But how much dredge and fill do you have to have to keep it in the park? When you see you put it on the park or on the lake but you've got more than -- there's a green area, and I can see there's a sandy area. And I'm looking at the visual. MR. BANDINEL: Here? You talking about this one? COMMISSIONER TAYLOR: No. I'm talking about what's in the back. November 14, 2017 Page 130 MR. BANDINEL: Oh, in the back here? COMMISSIONER TAYLOR: Option B. MR. BANDINEL: Yeah. Over here? COMMISSIONER TAYLOR: Yes. MR. BANDINEL: Yeah. Well, this is -- if you know the park now, that's basically just instead of shrub land, a bit of marsh and stuff. COMMISSIONER TAYLOR: Wetlands? They're called wetlands. MR. BANDINEL: Yeah, wetlands. So we'll have to go through that. And then as far as fill, I mean, we'll dredge -- COMMISSIONER TAYLOR: Have you gotten any indication whether you even can go through that? MR. BANDINEL: That's what we'll have to find out. I mean, we know as far as -- there's no reason why we couldn't that we see. We've looked at it. Is there any surprise? Yeah, that could happen. COMMISSIONER TAYLOR: No. I just mean the agencies -- you know, the regulation agencies. We wetland -- we need wetland. MR. BANDINEL: Yes, we need wetland, yeah. So we have to look at that. I mean, that was originally -- Sugden Park was originally set up as a residential development so, in fact, the Sugden family, when they gave it to -- and, Tim, you might want to talk to that just briefly. Tim is our Engineer from Stantec who actually did the design work for Sugden originally, and he's our engineer. So, Tim, if you'd address that. MR. HANCOCK: For the record, Tin Hancock with Stantec. And I appreciate the credit for the design work, but the only credit I get was accepting money from Herb and Margaret Sugden, $500,000 of ROST and Purina stock in order to make the purchase of the land possible back in the '90s. So that -- that was it; I accepted a check. But I will tell you, we did do -- I was involved in sitting in a November 14, 2017 Page 131 similar capacity to you today in the original design of Sugden Park. The areas that are to the west, because they are more environmentally sensitive in achieving the first phase of the park, were set aside. If you look at your master concept plan under the existing zoning for Sugden Park, those areas are designated for park use. So I will not say there's anything that has precluded the future conversion of those lands to active park use or for something similar to what's being proposed here today. We will be required to go through district and Corps permitting. There will be environmental mitigation measures that have to be applied there. And in order to determine that, what we'll need to do is a preliminary environmental study, and that's a little bit of the cart before the horse at this stage. But I think, should you choose to go forward with this project, that's going to be one of the very early things we need to do to determine the viability and the environmental impacts more specifically. At this point I do see some potential for wetland impacts and off-site mitigation being required in order to proceed with Option B. The extent to which that is practical and appropriate is still to be determined. COMMISSIONER TAYLOR: Okay. Yeah, that's what -- okay, good. Thank you. CHAIRMAN FIALA: So how many units per acre? I'm still stuck on this 250 units and six acres. MR. BANDINEL: Yeah. Well, there's six acres of usable land. There's 17 acres. And if we add the Shadley property, it's almost 20 acres of overall land. CHAIRMAN FIALA: Yeah, but so much of that -- half of it's water though, right? MR. BANDINEL: Yeah, half of it's water, exactly; more than half, yeah. We have basically six -- a little over six acres of real November 14, 2017 Page 132 usable. If you take away some of the littoral areas, a little bit more. So it's about eight acres that the 17 acres is that's usable. But you've got to back off from that what you can use. So usable, we have about six, six and a half. And then we've got an acre and a half of usable in the Shadley. So we have about eight usable acres. And we've measured it out. We've done all that, the number of square feet. And we're looking at -- the village has about 80,000 square feet on its base. If you take this space here, the piece -- this square here, that's about 80,000. It's 400 by 400. So about 160,000 square feet. We'd have half of that covered. The rest would be open space. And if you look at the plan, you can see that squares we have and the walkways and all that still pretty open. CHAIRMAN FIALA: So how many -- how many units per acre are you building for 250 homes? MR. BANDINEL: Well, we're looking at 12. If we have 20 acres divided by -- CHAIRMAN FIALA: Twenty acres? MR. BANDINEL: Yeah. The total land area is 20 -- if we add the Shadley property, it's 20 acres; 17 and a bit plus two-and-a-half of the Shadley's. So overall land is just under 20 acres. Divide that by -- if we do 250 units, we're at -- where are we? CHAIRMAN FIALA: So you're putting 250 units actually on about four acres, because you're building a -- MR. BANDINEL: No, no. We're not going to -- CHAIRMAN FIALA: They've got to build the -- MR. BANDINEL: If we do the PAC, we're going to have less units. If we do the PAC, we're only going to have 120 residential units. If we do the -- you see what I mean? In other words, if we put the PAC on the 17 acres, we're going to lose 80 units at least because we're not going to put any homes on there, any condos. MR. HANCOCK: Harry, if I can interrupt, I may be able to November 14, 2017 Page 133 clarify this. What you're looking at is a gross density because as you know when we deal with zoning, we deal in gross density, so approximately 15 units per acre for the site itself. So it's not an unheard of density when we look at other multifamily projects. What makes this a little bit unique is in many cases the smaller unit sizes allow it to be more along the mixed-use approach side as opposed to a standalone residential project where your units typically are larger. So -- but in the end you're talking about a gross density of approximately 15 units to the acre for the project. Yes, it's a smaller footprint, but we're also trying to respect the lake areas and build those into the overall design of the project instead of impacting those negatively. MR. BANDINEL: Again, the smaller units is the key component. Instead of having an average 15- 1,600-square-foot home, we're talking about 750 to 1,200. And that does two things. It gives us more space. It also allows us to provide affordable homes. That's the only way you can do it. That's one of the key components -- CHAIRMAN FIALA: But how affordable? Do you know this area's trying to dig itself out -- MR. BANDINEL: Yeah, exactly. That's what we're saying, 180- to -- you know, I mean, your affordable guideline is 250- is an affordable home in Naples, and we're looking at providing from 180- to maybe 300-, so we're kind of right in the middle of that. We'll have some product at 180-, 190- and then quite a few in the 250s. So that all even falls into with your affordable actual, you know, guidelines. That's part of what we're trying to do. And I think the product we're creating is specifically for people. There's so many people that would love a small place, single mom, single dads, people that work in offices all over town. You can go into November 14, 2017 Page 134 any office and you'll see there's people there, oh, I'd love to have just a small place that I can live, and I'm a single mother, I'm a single dad. You know that, right? CHAIRMAN FIALA: That's good. That's good. Okay. Does anybody else have any questions before we move on? Because I didn't want to belabor this any further. (No response.) CHAIRMAN FIALA: Okay. Now, what -- thank you very much. MR. BANDINEL: Thank you very much. Appreciate it. CHAIRMAN FIALA: And we've got a speaker? MR. MILLER: Yes, ma'am. We have one registered public speaker, Patricia Young. MS. YOUNG: Good afternoon. Exciting just to be the only speaker. But this is a lot of exciting information we've heard today, and I know you already know about the CRA and how they're endorsing this. I just thought you might want to be interested in what do the neighbors think. I live at the Isles of Collier Preserve, and all the people I've spoken to there are so excited about having a cultural and performing arts center in the CRA area. We think that it will elevate the area to a degree that nothing else probably could, and it will carry on the artsy kind of vibe that's already going on there. And, believe me, the people at the Isles are frequently patronizing the businesses and any other amenity that's in the area. I'd also like to say that the idea of connectivity with the already existing amenities in the area like the Sugden Park is such a dynamic thing, and I think this is going to be a boom to the county, not just to the CRA area or the Isles of Collier Preserve. So thank you very much. CHAIRMAN FIALA: Tim, is there anything else that you want November 14, 2017 Page 135 to talk to us about? MR. DURHAM: No, ma'am. I think that pretty much covered it. CHAIRMAN FIALA: Okay. COMMISSIONER McDANIEL: I'm making a joke with Commissioner Saunders. Forgive me. CHAIRMAN FIALA: I'm sorry. COMMISSIONER McDANIEL: I'm distracting you. Forgive me. CHAIRMAN FIALA: I'm sorry. Would you say that again, please. MR. DURHAM: No, ma'am, nothing further to add. Just looking for the Board's direction. CHAIRMAN FIALA: Okay, fine. So from here, where do we go? Do we want to choose one or the other or ask you to get quotes from either one or both of them or bids or whatever? I don't know what to do from here. COMMISSIONER SOLIS: I'm just curious, I mean, what is the staff looking for? You're looking for us to choose one or the other or -- MR. OCHS: No, sir. You have the flexibility to direct us to one developer or the other where then we would look to do continued due diligence and negotiation and bring back a more specific project recommendation, or you can -- under the law, you can allow us to negotiate with both simultaneously and then bring you back what we believe is the best project. You have a lot of flexibility there. We're just looking to see if you like one over the other or, as Commissioner Saunders mentioned earlier, whether you prefer the performing arts center to be in one location versus the other so we have a little bit guidance as we move forward. CHAIRMAN FIALA: Commissioner Saunders? COMMISSIONER SAUNDERS: You know, and when we were -- when I was going through the agenda packet, I was thinking, well, November 14, 2017 Page 136 we have two firms; we should sort of sit down with both of them. But I think in the real world that makes it very difficult for both of them if you're trying to negotiate with both. I think the best decision is to pick one. My preference is Banroc. I thought their presentation was excellent. The first presentation was very good as well, but I think this second presentation meets the needs, seems to be more viable, and just from the appearance of it and the team they have, just an excellent project. I'd like to see the VPAC in Sugden Park as part of whatever motion we ultimately make. But I would recommend that we pick one, we negotiate with the one, and my preference would be Banroc with the VPAC in the park. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: I agree. I think the best thing to do would be pick one and move forward. I also think that you have to have a critical mass in order to make one of these things viable. And so I like the idea of moving the performing arts center to Sugden Park. It ties it all together. It provides some more, you know, critical mass with the additional property where the performing arts center would be. And I guess some of the unknowns are, can -- is it Shandley, the Shandley property? MR. OCHS: Shadley. COMMISSIONER SOLIS: Shadley property. Can that be put under contract again to make it part of the whole? But I like the idea of tying this into the park and making that an overall development. I think that's a great idea. CHAIRMAN FIALA: You know, I should have been more thoughtful. I'm so sorry. I didn't ask what the CRA board wanted to do. Do we have any mention from the CRA board as to how they feel about this? MR. DURHAM: Yes; yes, ma'am. The two advisory boards November 14, 2017 Page 137 wanted both of these projects to come forward for your review. CHAIRMAN FIALA: So in other words, if they wanted both of them to come through -- because my preference is the first one. How -- but that's just one person, of course. If they wanted to hear both, what, do they negotiate with both of them and then come out with a recommendation once they've negotiated with both? I don't know how that -- MR. DURHAM: Yeah, under the ITN, which is something somewhat new, but it's something that the Procurement Director, Mr. Coyman, brought to us. It gives you the ability to enter into negotiation with both parties to see if you can get concessions that are more favorable for the county. But, clearly, you know, if you have one project you prefer over the other, that helps staff. We'll probably spend less time spinning our wheels and getting right into things. Our goal all along is to kind of replicate what we were able to do at the Triangle property, which is moving forward very nicely. CHAIRMAN FIALA: Okay. Commissioner Taylor should be next, and then you, okay? COMMISSIONER TAYLOR: I like the Arno. I am concerned about the suggestion, whether it's gentle or direct, that the county pay for the parking garages, which is the second one. I am a little concerned about taking parkland and putting buildings on it for obvious reasons. I feel that the financing is critical. We don't have commitments, we don't go forward. There's no waiting six or eight or 10 months until someone comes to us and said, can't do it, which is what we went through before with the Triangle. So be very circumspect of that. That, to me, is the bottom line. There's no finance -- no matter how beautiful and how creative these ideas are, if it can't be financed, we're spinning our wheels, so that is November 14, 2017 Page 138 critical. And I don't know -- I'm not an expert in this, I don't know how you determine that, but I'll leave it to your capable hands. MR. DURHAM: Yes, ma'am. CHAIRMAN FIALA: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes, yes. I concur with my colleagues on some and some not. And imagine that. I'm used to being the Lone Ranger. But I do concur with the Sugden Park aspect of the proposal. I think that that should be integrated into this project, and I think -- but at the same time it needs to be held separate so that we're not predicating one on the other because there's different funding sources that are coming. And the county's assistance with the utilization of that land and a long-term lease, I think, enhances the project at Sugden Park enormously and also feeds well into the development side of the 17-acre tract. I personally think -- I've seen both proposals, but I don't see -- in 30-plus years in the real estate business, I don't have sufficient information to discern one project's viability over another specifically from a financial standpoint. One's making representations of certain government assistance and another is not. And I think until we actually go to contract and, Commissioner Taylor, typically how -- I'm trying to look at you while I'm talking to you, but -- COMMISSIONER TAYLOR: I've been through this before. COMMISSIONER McDANIEL: Okay. You voiced a concern, but you go into -- COMMISSIONER TAYLOR: I was outvoted. COMMISSIONER McDANIEL: About? COMMISSIONER TAYLOR: When this happened. COMMISSIONER McDANIEL: Ah, yes. That was before. But what was before is no more. We're going forward. November 14, 2017 Page 139 COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: You get written proposals from both of the proposers, we analyze those from a financial standpoint, and then go to a refundable deposit to a nonrefundable deposit with securitization for the overall transaction, and we analyze those side by side. I have read both of these proposals. They both seem like admirable proposals, but I haven't been able to make a sufficient determination to pick one or the other. If I had to pick one today, to say it out loud, I would pick the first one, Arno, over the other one. But I'm not against the second one by any stretch of the imagination. I just -- I think it would be prudent for us to direct staff to go back, bring us two side-by-side written proposals with deposits and the like. If you read the proposals, basically, we're selling this 17 acres to a developer predicated upon zoning and, ultimately, permitting and the like in order for them to develop this. After we make this transaction, after we make this decision, it's going to be up to them about their successes or not as the case may be. So, personally, I would, just as a brief repeat, I would suggest that we move both of the proposals forward to a greater level of specificity and dictate that the Sugden Park -- I think we're all on consensus on that, that Sugden Park be utilized as the performing arts portion wherever -- CHAIRMAN FIALA: I'm not in. I'm not there, so don't include me in that. COMMISSIONER McDANIEL: Okay. Forgive me. I thought I heard you say that, so... CHAIRMAN FIALA: Okay? COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN FIALA: Did both of them want to buy -- the only one I heard that wanted to buy the property was Sarno -- or Arno, November 14, 2017 Page 140 right, but not the second guy. COMMISSIONER McDANIEL: No, no, they both proposed -- MR. DURHAM: No. Both were talking purchases. CHAIRMAN FIALA: They both want to buy them? MR. DURHAM: Yes, ma'am. Yes. CHAIRMAN FIALA: Okay, okay. Now, here's one of the things I was thinking about as far as moving the performing arts center to the other side of the street. One of the things I learned with the pickleball -- I know this sounds silly, but anyway, with the pickleballers, they're located in the smallest park we have in Collier County, and that's right over there at East Naples Community Park. And they get bigger and bigger. And I said -- and I know our guys have been trying to talk to them and go to other parks that are bigger and have more parking. No, we like it right here. Yeah, but you should go out and have a bigger park. They said they like the fact that the synergy is created when you're all on this smaller property. I would never thought of that myself and, just possibility, that could be the same thing. Like, for instance, with -- it's the Phil. What is it now -- Artis Naples where they're involved with the shopping center and the restaurants right close by and everything. And I think that there is a synergy that's created. That's my opinion. Again -- and I'm only basing it on what I know about the pickleballers. But I like the first guy that presented. He seemed to have a lot of knowledge, a lot of background. That was good. He seemed to have the money. That was a good thing, and -- but whatever you all want to do. If you want to hear from both of them, fine, if you want to hear from one or the other, or somebody make a motion. COMMISSIONER SOLIS: I mean, you know, personally, I actually like the first one, the design of the first one but -- COMMISSIONER TAYLOR: Now we see. November 14, 2017 Page 141 COMMISSIONER SOLIS: -- but I'm concerned, though, that the more mass you have on something like this, the more likely it's going to be successful. I mean, that's just the reality of the way these things work. I mean -- CHAIRMAN FIALA: Tell me what you mean by "mass." COMMISSIONER SOLIS: Vertical mixed use is difficult. It's been difficult everywhere. It's been difficult in the Mercato. It's been difficult everywhere. So to make that -- to make the commercial aspect of -- it's usually one or the other; either the residential works and the commercial doesn't, or the commercial works and the residential doesn't. To make them both work together, you really have to have enough people there, mass. I don't want to use the word "density" because people don't like that word. But you have to have that -- you know that critical mass -- that's why I was using that -- to make it all work. And I'm just concerned -- if we're wanting to make sure that it's successful, I think the more people there the more likely it is that it's going to be successful. I mean, I'd be open to telling staff to move forward and do some more due diligence with both of them, because there are a lot of unknowns on both of these projects. I mean, you know, there's the environmental issues with the park, there's -- I mean, there's a lot of unknowns on either way. So I would be open to moving them both forward and having staff look at both of them. COMMISSIONER SAUNDERS: All right. Well, I'll go along with the majority in working with both of them. My preference still is with the second one, because I think it's -- with the seven restaurants and all, but that's something we can deal with later. So, Mr. McDaniel, if you'll make a motion -- November 14, 2017 Page 142 COMMISSIONER McDANIEL: Please do. COMMISSIONER SAUNDERS: -- that includes the VPAC at Sugden, you're not going to get a unanimous vote necessarily. I just think you'll get a majority. COMMISSIONER McDANIEL: When we go to discussion, I'll ask her why she doesn't like it in Sugden, but we'll get to that in a minute. COMMISSIONER SAUNDERS: And direct staff to work with both providers, I'll go along with that. COMMISSIONER McDANIEL: And I'll make that motion, to work with both providers to provide us with a more concise financial analysis about requests of government subsidation deferrals. CHAIRMAN FIALA: You don't have to go through that. COMMISSIONER McDANIEL: Okay. Am I wearing you out? CHAIRMAN FIALA: Yes. COMMISSIONER McDANIEL: Okay. Sorry. I'll make a motion that we go forward with both proposals and come back to us with -- including both proposals with the performing arts center in the Sugden Park facility. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN FIALA: That's a good thing. Can we have some kind -- I've talked to a few of the people in the CRA who had a preference, by the way. Would they be able to give their preference when this is -- MR. DURHAM: Oh, absolutely. They can -- sure, ma'am. CHAIRMAN FIALA: Okay, good. Because I think -- you know, they're the ones that live there. They're the ones that pay the CRA. Nobody else does. And so they should have a say in it, is my opinion anyway. COMMISSIONER McDANIEL: So as a matter of conversation, why are you not as thrilled with the performing arts being over on the November 14, 2017 Page 143 park side as opposed to -- because the -- CHAIRMAN FIALA: Synergy, just for the synergy. COMMISSIONER McDANIEL: Well, then -- and it's been shown, and I'm just talking. Per my understanding, the performing arts center's only less than a couple blocks away from the actual developable piece of land and that, as Commissioner Solis so aptly pointed out, the more mass -- not density, but the more mass that you have on your developable property, the greater opportunity for a successful project and a greater rate of return and success. And my perception is that folks that weren't necessarily living in this particular village would still be able to access the performing arts center from Sugden Park itself. It wouldn't be exclusionary to the residents of all of Collier County that could necessarily come in from Sugden Park, if I'm not mistaken. CHAIRMAN FIALA: That part of Sugden isn't easy to get to. COMMISSIONER McDANIEL: Oh, I know. It's in the back 40. CHAIRMAN FIALA: So do you build two parking garages? Do you build one -- COMMISSIONER McDANIEL: Well, we'll decide all that. CHAIRMAN FIALA: -- for the performing arts center and another one for where they're shopping? But, of course, that splits them then, because now the people that are coming there will get in their car and go home. COMMISSIONER McDANIEL: We'll decide all that. (Multiple speakers speaking.) CHAIRMAN FIALA: There's more synergy. COMMISSIONER TAYLOR: Yeah, there's -- you know, a park is, for me -- this park is not a passive park, but it's as close to a passive park as we have. And to put an 80-foot building in a passive park is probably not the appropriate place, and that's what it's going to be. It's going to be a massive -- November 14, 2017 Page 144 COMMISSIONER McDANIEL: To be determined. COMMISSIONER TAYLOR: -- building, and I think -- I can't remember his name, but I have a -- I think -- I don't remember his last name, but I think AJ would have a lot of fun with his Ski-Doos and doing loop de loops and everything. And -- I don't know. It's just not appropriate there. CHAIRMAN FIALA: Okay. Well, we've got a motion on the floor, and we have a second, and that is to move forward and get quotes from both of them and getting approval through the CRA board and bringing that back to us. COMMISSIONER SAUNDERS: With the VPAC in the park. CHAIRMAN FIALA: Pardon me? COMMISSIONER SAUNDERS: With the performing arts center in the park. COMMISSIONER McDANIEL: In the park. COMMISSIONER SAUNDERS: That was part of the motion. CHAIRMAN FIALA: Oh, only that part? You don't want it out of the park? COMMISSIONER SAUNDERS: I don't. COMMISSIONER McDANIEL: I don't. COMMISSIONER SAUNDERS: That's the motion. It may not pass, but that's the motion. So that staff has some direction in terms of -- COMMISSIONER McDANIEL: The CRA, Madam Chair -- the CRA's going to have an opinion again as we go through. It's not part of the motion that the CRA -- CHAIRMAN FIALA: Has to have -- COMMISSIONER McDANIEL: -- have to voice an opinion. They're going to. As we get these proposals, this will go back through those committees, I would assume, before it comes to us. MR. DURHAM: Yeah. And it was already -- they've seen both November 14, 2017 Page 145 proposals. But this is very helpful, because what if you hadn't liked either of the projects. So knowing that there's an interest and where you're inclined, it helps us go back, do more due diligence and come back with you with something more particularly financially and some of the impacts that are likely to take place. So it's all good. CHAIRMAN FIALA: Okay. And Mr. -- I know it isn't Mr. Arno. Mr. de -- MR. DURHAM: De Villiers. CHAIRMAN FIALA: De Villiers. MR. DURHAM: De Villiers. CHAIRMAN FIALA: He's right behind you. Maybe he has something to say. You can't talk from there, I'm so sorry. But we need to make it quick. We're really taking an awfully long time here. MR. de VILLIERS: What I understand you're saying is that I shall now come with the proposal to put the VPAC center in the park. There's no way I'm going to do that. It doesn't belong in it park. It belongs with the village, right? So I'm not coming with a new suggestion to build it in the park. I was never asked in the first place. COMMISSIONER SOLIS: Yeah. No, no. I don't think that's what -- that's not what the -- I mean, there's two proposals. One has it in the park and one doesn't, and I think -- CHAIRMAN FIALA: No. What did Commissioner Solis -- Commissioner Saunders say? COMMISSIONER McDANIEL: My motion specified that the performing arts center be in the park. But I full well understand that -- you know, my intention was to bring back both proposals, view them independent of one another, because I have a preference of seeing it over in the park. I think it could be an enhancement, but I really didn't give due consideration to what Commissioner Taylor had expressed with regard to -- COMMISSIONER TAYLOR: The height. November 14, 2017 Page 146 COMMISSIONER McDANIEL: -- enormity of that. So if -- COMMISSIONER SAUNDERS: I'll withdraw my second if you want to fashion a new motion. COMMISSIONER McDANIEL: I'll make a motion that we accept proposals from both of the proposers with more specificity and bring them back to us for a final decision. CHAIRMAN FIALA: Okay. Just a minute now. Just a minute, please. Is there a second to this particular motion? COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN FIALA: Okay. Now -- COMMISSIONER SAUNDERS: But we do have a comment. CHAIRMAN FIALA: Now, Mr. Bandinel? MR. BANDINEL: Yeah. I'd like to make two clarifications. One, when the CRA voted on the last meeting, there were six votes in favor of Mr. Arno's project and seven of seven votes in favor for my project. I think that's public record. Two, please note my proposal, it's either or. We can do the 17-acres only, but look at the village that I am proposing which has the critical mass that Mr. Arno's does not. We can still put the PAC -- I'm not saying we cannot put it in the 17 acres. So there's two proposals there that you can look at and analyze either or. CHAIRMAN FIALA: Well, that's -- MR. BANDINEL: Just to clarify that. I want you to understand that I'm also looking at doing the ITN which specifically said that we would have only on the 17 acres, so we can still do the village, but mine is including the Shadley property so that we have a village that has a critical mass and will be a success financially for the community. The proposal that Mr. Arno has, I think you're going to have an issue with the village being too small. CHAIRMAN FIALA: Okay. Thank you very much. November 14, 2017 Page 147 And, Tim? MR. DURHAM: And just one last clarification. I think I can maybe bring some closure to this. CHAIRMAN FIALA: Please. MR. DURHAM: One, we need to know what the VPAC people would like to do, because maybe they have a strong preference one way or the other. So that's something we can nail down during the due diligence piece. Number two, with the ITN, these two proposals were not ranked. The instruction to the advisory board was to forward to the BCC without ranking who you want us to enter into negotiations with. So I just kind of want to clarify that. So given Mr. Arno is not in favor of putting it in Sugden, I'd suggest leave it as is. We will look at the other two options from the other proposal, the Banroc, and we will dig into financial wherewithal, the practicality of each proposal, and costs, the TIF that it would likely generate, taxable value, all that sort of stuff. Didn't want to go through that exercise not even knowing if the Board was favorable or not. So I recommend doing all that and then coming back to the BCC. CHAIRMAN FIALA: From both of them, you're saying? MR. DURHAM: Yes, ma'am, yes, as presented. CHAIRMAN FIALA: With Arno's, leave it where it is, I didn't know what that meant. I wanted -- I mean, I can hear what you're saying, but what did "leave it as it is" mean? MR. DURHAM: As presented. MR. OCHS: We're going to analyze all three of the proposals completely and bring them all back to you. CHAIRMAN FIALA: Okay. COMMISSIONER McDANIEL: And that's what the motion basically covers. November 14, 2017 Page 148 MR. OCHS: Yes, that's exactly what it covers. CHAIRMAN FIALA: All in favor? COMMISSIONER McDANIEL: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Good. COMMISSIONER McDANIEL: That made me tired. CHAIRMAN FIALA: That meeting is closed. MR. DURHAM: Thank you. MR. OCHS: Madam Chair, it's time for a break, I think, quickly, for your court reporter. CHAIRMAN TAYLOR: Okay. So how about -- MR. OCHS: Ten minutes. CHAIRMAN TAYLOR: -- ten minutes. MR. OCHS: Then we'll come back for the business accelerator item. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Thank you, County Manager Ochs. I think we're at our one o'clock time-certain at a quarter to three. MR. OCHS: Yes, ma'am. We're onto our one o'clock, so we're gaining on it. CHAIRMAN TAYLOR: Thank you so much for your patience. Item #11C APPROVAL OF THE ANNUAL AGREEMENT BETWEEN November 14, 2017 Page 149 ECONOMIC INCUBATORS, INC. AND THE BOARD OF COUNTY COMMISSIONERS IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY’S ECONOMIC DEVELOPMENT EFFORTS – MOTION TO APPROVE THE CONTRACT W/CHANGES TO THE DELIVERABLES AS DISCUSSED, QUARTERLY REPORTS AND A MEMBER OF THE EII TO REPORT TO THE BOARD ON REGULAR BASIS – APPROVED MR. OCHS: Item 11C is our one o'clock time-certain. This is a recommendation to approve an annual agreement between Economic Incubators, Incorporated, and the Board of County Commissioners for the operation and management of the Collier Business Accelerator program. Commissioners, the contract you have before you is a document that includes some exhaustive discussions between the county staff, the staff of the EII and their board, and the Clerk of the Court's office. I'd like to thank Mr. Brock in particular and Ms. Kinzel and their staff for working so closely with us over the last few weeks. As you recall, this item was on previously. Commissioner Saunders had asked to continue it to allow for some additional analysis, and I think as a result of that, we have a contract document now that contains very specific contract deliverables. I believe it's a contract that is very auditable from a prepayment audit standpoint and, as I mentioned, has some specific performance metrics that we will be able to analyze on a weekly, monthly, or quarterly basis from a staff perspective. So I would like to turn the podium over to Dr. Marshal Goodman, the Executive Director of the accelerator program, to make a few remarks. November 14, 2017 Page 150 DR. GOODMAN: Good afternoon, Madam Chair, board members. For the record, I'm Marshal Goodman. I'm the CEO and President of Economic Incubators, Inc. I would like to start our presentation by calling up Mr. Fred Pezeshkan, who is the Chair of the Economic Incubator's Inc. Board. MR. PEZESHKAN: Good afternoon, and it's a pleasure to be here after a multi-million-dollar for-profit project that you just went through. This is a non-profit project. Good afternoon. Madam Chair, Commissioners, my name is Fred Pezeshkan. I have been a resident of Collier County for the past 38 years. I chair Economic Incubator, Inc., called EII, and our board of directors, whom some of them are here today. I would like to acknowledge them and ask them to stand. Please. Thank you. We also have had a number of our volunteers and the companies who have been in housing with us here. Some of them have left. So if there's any of them here, I would like them to stand to be acknowledged. Thank you. You have received a complete presentation of our organization; many pages. We decided that we would make this presentation short, maybe 10, 15 minutes. We will begin by Dr. Goodman to share with you a brief history of this organization, where it started, where it is today, and give you some of our achievements in the past three years. That will be followed by Fred Krieger, he will provide our financial performance; and then Richard Grant, our Vice Chairman, will share our plan of action, the steps we are going to take to move forward with the organization. EII is a young organization with a staff of two and a half or three. And although we may challenge -- we may have challenges, we learn as we go and have high expectations. In the past six months our board of directors, especially our November 14, 2017 Page 151 executive committee, has put many, many hours. Richard Grant, Garrett Richter, JP Garnier, Dr. Goodman, and myself have spent many hours to bring to -- bring and to fine tune and comply with all the requirements by the county and the Clerk. By no means do we consider our organization or a board in a state of perfection, but it is our expectation and understanding that EII is on the right track. Finally, speaking for myself as a parent, I'm pleased that assets like this in Naples, the accelerator, are around so my children and my grandchildren, when they graduate from college, they can come back to Collier County where they can begin and pursue their dreams. Thank you. And with that, I would like to turn it back to Dr. Goodman. DR. GOODMAN: Thank you. I'd like to briefly present to you some background information for context and then summarize what we see as some of our accomplishments. The concept for Collier County and Southwest Florida's first business accelerators grew out of a series of discussions and meetings with county administrative officials, the Greater Naples Chamber of Commerce, County Commissioners, and a wide variety of discussions with regional university officials, business service organizations like SCORE, interested business and community groups, and economic development agencies like the Southwest Regional Planning Council where we were informed that the development of business incubators was an important goal of the region CEDS, which stands for the Comprehensive Economic Development Strategy. The research that laid the basis for those business incubator goals and recommendations were substantially based on research performed by Florida Gulf Coast University faculty and staff. Through a white paper, a business plan, and with the adoption of this board's approval of the 2014 Collier County Economic November 14, 2017 Page 152 Development Plan, the program of launching two business accelerators, one in the western part of Collier County, which we've called the Naples Accelerator, and one in the eastern part of the county, the Florida Culinary Accelerator at Immokalee, came into being. To date these accelerators have received broad acceptance from the community as well as financial support from the State of Florida through legislative appropriations and financial support from federal government agencies through highly competitive grant programs, and we've received terrific support from the University of Florida who has committed to a one FTE hire for the food science lab. In all, we have strived to build accessible state-of-the-art creative environments where individuals feel empowered to share their business goals and dreams and create new businesses and jobs for citizens. Cissy Proctor, executive director of the Florida Department of Economic Opportunity, even toured the facility on May 9th, 2016, and said to our own Naples Daily News, quote, this is all pretty impressive. There's nothing else quite like it in the state, unquote. And wait until she sees Immokalee. We have scheduled an open house of the business office on November 29th with the opening of the culinary operation in early January. To date, 68 innovation -- 68 innovation companies have been members. Those companies have reported to us through their CEO, CFO, or their CPA that they have raised 12.2 million in venture funding and created 50-plus jobs. I know that officials in the Economic Development Office led by Jace Kentner and staff from the Clerk of the Courts are reviewing that information to make sure what the companies have reported is accurate and documented, and we welcome that. We have sent to the county as part of our submission for this review profiles of the companies we have had as members. And I November 14, 2017 Page 153 think it's worth noting the tremendous overall innovation, and I underscore that word "innovation," taking place among them for our pharma or medical device companies. One has a new drug to fight obesity and diabetes, one has an over-the-counter test for Type II diabetes years before its onset, and one whose application is still pending has an over-the-counter test for the rapid diagnosis of an acute heart attack. Think about that; over-the-counter test for an acute heart attack coming out of Naples, Florida. And while we are talking about health, we have had two fitness magazines and a syndicated fitness radio show, and one of our companies has developed a fitness trainer mobile application so you can connect with a personal trainer who's located anywhere in the world. And one of our companies is working on bringing to market a micro hearing aid that is implanted in your ear. Several are IT companies from providing connections to wireless devices, think the Internet of things, to provide web designs that are ADA compliant so those suffering from one of 40 different disabilities can utilize and interact with web pages with no problems, to companies, one which goes by the name Hyper Team that tailors business software to the needs of small business, to a home healthcare company providing nursing services for homebound individuals, as well as a company that has raised millions of dollars here on Marco Island to develop highly sophisticated Internet and data security systems. One company, Local Greens, is seeking to build a $7 million high-tech greenhouse that will cover two-and-a-half acres and has 16 individual hydroponic growing lines that uses 95 percent less water resources to grow over that of traditional growing methods. One of the key goals of this effort from the very beginning was to help diversify our economy away from the traditional three-legged November 14, 2017 Page 154 stool of agriculture, tourism, and construction. I believe when one reviews the work and accomplishments of these 68 companies in just several short years, it is clear they are hard at work charting new opportunities for our citizens. With that review, I'd like to introduce Fred Krieger, who serves as a community volunteer. Fred has had a notable career as a CFO in the pharmaceutical industry. And I want to thank JP Garnier, who's still here. JP, some of you may know, was the CEO of GlaxoSmithKline, just about the biggest pharmaceutical company in the world. And Fred here served at GSK for 25 years in a number of senior financial positions, and we are very lucky to have Fred on board. MR. KRIEGER: Thank you, Marshal. Two Freds in the same meeting. You're lucky. Anyway, for the record, Fred Krieger. I am a Licensed Certified Public Accountant, member of the Florida Institute of Certified Public Accountants, the New Jersey Society of Certified Public Accountants, and the American Institute of Certified Public Accountants. Been blessed. I am the founding CFO of Iroko Pharmaceuticals, which is in Philadelphia. I spent 25 years with GlaxoSmithKline, many years with Dr. Garnier, and we built up a pretty big pharmaceutical company. The second career, after I failed retirement 10 years ago -- COMMISSIONER McDANIEL: It's pretty big. MR. KRIEGER: It's not quite that big yet, but we'll get there. But I'm retiring at the end of the year, so Dr. Garnier said I needed something to do. So he asked me to get involved, and it's been a very interesting experience. So I've been involved for about two months. When I first got involved, they loaded me up with piles of financial information. And I know, like, with JP it was, don't give me data. Give me information. It was data. So I had to make it into information. November 14, 2017 Page 155 So the first thing I did, I said, how are you going to run this thing? You know, you've got money, you're collecting money, you look like you're making money, but how do you line the businesses? So I wanted to show you one of the first things I did was come up with what we call the lines of business. So when I looked at it, it was pretty straightforward. You have very -- you have Economic Incubators, Incorporated, and you have operating divisions. You have the Naples Accelerator which, if you've ever done there, it's really pretty cool stuff. And this stuff's starting to really grow. Naples doesn't have a lot of it. In Philadelphia, we've got these "we work" facilities. These are billion dollars companies now. But then I said -- so you've got Naples Accelerator. They rent office space. You can come here and work, you can use the Wi-Fi, you can get advice and build a business. Then there's this Florida Culinary Accelerator in Immokalee. Very interesting. And it's very scientific. They've, as far as I can -- because the food business is not much different than the drug business; you've got to do it right. You don't want to be hurting people. So that's what they've done here. The USDA has been involved, University of Florida; they have scientists there. And so -- and then you have the small, little operation called Woodstock's where you can get something to eat and something to drink. All self-service. Kind of state of the art. But that's still growing, and that's small. So we put it in that context. Okay. So let's take all the financial data, and let's accumulate it. What does the actuals look like? So we could see, you know, how much business do you do here? How much do you get? What are the costs? So then we started driving into revenue drivers. So where do you get revenue in Naples? Well, you rent an office, you rent a half office, you rent a chair, you rent space. You rent -- so let's monetize that. November 14, 2017 Page 156 We did the same thing with the culinary institute. How are you going to generate revenue? Well, I rent workstations, I rent refrigerator space, I rent freezer space, storage. How much can you get for that? How many are there? How much are they going to be used? Then you look at, well, okay, if they start getting culinary catering, they pay you a commission because you helped them get there, so then we took all these things, and then we monetized them. And that's how we've built up the budget for '18, and that's how we've built up the plan for the rest of the year. So I want to show you that next. It's in the -- it should be in the contract. All those budgets are in there. And there's pretty robust models I built behind that stuff; the cost. There's a compensation model when the people come on board, whether they get paid, what do you pay them for this, and then there's a revenue model that says the things I said. You rent -- you've got eight stations eight hours a day, five days a week, 250 -- or $25 an hour. If they're going to be busy 10 percent the first year, you know; wanted to be conservative. And then it's going to grow. But that's how we built all this. Let me show you the long-range plan. Now, the first step we said, we've got to -- the first thing we said, we need to stop using county money. We need to start becoming a not-for-profit that is self-sufficient, so that's where this is going first. So you can see we have a 50 percent reduction in county funding over this four-year period. Well, okay, now you've got a hole. So then we said, well, how much can we drive these businesses? How much can -- the facility at Naples is fixed. You're only going to be able to drive that so much. Your occupancy rate has to go up, but you can't put more offices in there. Same thing with Immokalee. You can -- you can -- right now we can -- it's sized pretty good for the future, and then we calculated what November 14, 2017 Page 157 that could be. So that was the business income. Then we said, okay, well, donations. There's a lot of money in Naples, and we can start driving some contributions from people that want to see development in Naples. These jobs that are created, $12 million worth of investment into the community, that's pretty good. I mean, this is the first time -- I've only been involved for two months. I've been in the very profitable pharmaceutical industry for a long time, 35 years. So this was very interesting. But it can be driven. I started this little company, Iroko Pharmaceuticals, 10 years ago. Borrowed a ton of money and developed better drugs for pain, not opioids. I won't get into the opioid thing. But we've got drugs that are better than opioids, and they're not addictive. So then we said, okay, that's our revenue for this period. I think the '18 numbers generating a million dollars worth of revenue from the county and from business is pretty conservative. I used very low occupancy rates. And then the expenditures, we have specific categories where we -- and I can show you those next. I won't get into too much detail in the budget, I promise. But the county funds, where -- there are specific places we can spend those, the compensation, the rent on the facility, and Immokalee. The business income, built up from the bottom. What are you paying for utilities, what are you paying for office supplies? So that -- I'll take you through a little bit of that. So you see there is some rigor around this stuff. Apologies for the eye chart. But you can see in the top section where the source is. So the top section are the members' income, then we have private investment next year. This is just split by the lines of business, and then it should be in your -- that budget pack, I hope. And then you've got some interest income that comes in. And then what I did -- there are certain deductions. I've kind of made the -- the accounting wasn't done in accordance to generally November 14, 2017 Page 158 accepted accounting practices, I'm afraid. It now is. You can take these things off your income because you're not going to get it. You get bad debts, right? People don't pay you. Well, we're now going to accrue for that. There's not going to be any surprises. Rent promotions: Some of them work -- they're at about 40 percent for the '18 year. That's going to start being cut back and -- because that's pretty high. But, anyway -- and I'm used to those kind of things, because in pharmaceuticals we give away 70 percent of what we sell it for in rebates, coupons, all that other stuff. Then we have the Collier County money. You can see there's -- this is compensation, then you have the rent, and other operating -- the 800,000. You know, tell me when you don't want to see any more of the budget, but I'm more than happy to take you through it. The next section we took at operating expenses. Then we said, okay, here's what the county's 800,000 is going to go for. We have compensation. You have three employees at the headquarters. So you have the headquarters. Then you have three people at Immokalee. They don't come into the budget until December 1st, but it looks likes it might be. It could be December 1st, it could be January 1st. If we're going to open January 1st, they better be on board December 1st. And then there's compensation -- there's $50 -- each person gets $50 a month for their cell phone. And then the rent -- Kraft up there by the Nissan dealer is paid for by the county, and then we've -- they've also provided $30,000 for equipment expense, the pots and pans and the other ancillary stuff you need in a commercial kitchen. Then we went through -- there's costs to goods sold for Woodstock's, and then the rent expense that we are funding out of business income in Immokalee. And then you have professional services. That's the accountants, November 14, 2017 Page 159 the auditors, the -- we have accountants that do the books; auditors that audit the books, and then we have a legal -- some legal expenses in there. And other things there like utility services, computer software, the USDA fees. So it's a pretty straightforward budget from that point. COMMISSIONER McDANIEL: Excuse me. Can I ask a quick question? Can you go back to the prior page, if you don't mind, on the revenue side. Am I allowed to ask as we're going? You show here 381,000 in an income standpoint from headquarters for contract; is that not correct? You're still on the operating expenses. The revenue page, sir. MR. KRIEGER: Oh, I'm sorry. COMMISSIONER McDANIEL: So county resources. Is that 381,000 part of the overall 800,000 -- MR. KRIEGER: Yes, sir. COMMISSIONER McDANIEL: -- bequeath? MR. KRIEGER: Yes, sir. That's the three people at headquarters, and benefits. The salary-related expenses, payroll tax -- COMMISSIONER McDANIEL: I understand. MR. KRIEGER: -- 401(k) and medical. The last part of the budget, the final page of the '18 budget. As you can see, again, it -- all the way down to the last $200,000 we've budgeted for, and we've put it in the buckets. And then at the -- you can see, the bottom right-hand corner's 4.7 thousand dollars in '18. But then what we do is we take the headquarters, net headquarters, and we allocate it to the business. And talking to Dr. Goodman and the chief operating officer, it looks like they're spending about 62 to 63 percent of their time on Naples, moving -- to about 33 percent on Immokalee in next year, and Woodstock's is like two and a half percent. So we allocate that to that. So then you can look at the fully absorbed profit -- well, I guess I November 14, 2017 Page 160 can use the term "profited" -- not-for-profit surplus. And the accelerator would generate about 73,000. And then Immokalee startup, we know it's a startup. We know we've got a lot of -- we're getting started late; we've got some expenses. And then a small amount in Woodstock. And then 4.7 thousand; break even in '18 with all that funding. And, of course -- and in the outer years as you saw in the longer range plan, we're going to be generating about $60,000 worth of surplus every year. And there's no reason it couldn't get better if we learn how to do things even better. And it's more demand for it. But there is a capacity limit. So that's pretty much it on the business. I look forward to working with the folks, because my wife will throw me out of the house again. I failed retirement in two weeks last time, so it will happen again. And I look forward to helping them because they're good people and they do some good things. DR. GOODMAN: Thank you, Fred. Now I'd like to introduce Richard Grant, who is the Vice-chair of EII. MR. GRANT: Thank you, Commissioner -- or thank you, Dr. Goodman, Commissioners. I'm Dick Grant. I, too, have lived here 38 years, as did Mr. Pezeshkan; raised our family here, as he. And I think I'm invested here. I'm going to try to be as brief as I possibly can due to the hour. My purpose is to explain to you where we are going and what we are trying to accomplish and, in particular, what our action plan is for the ensuing year. And it's not that complicated. Three parts: One, we want to get the Immokalee Accelerator open, stood up, running, and operating; two, we want to make Naples better; three, and this is the most challenging, we are going to actively and in earnest study the world of incubators and accelerators and try to see if we can determine how it is possible and would be possible to November 14, 2017 Page 161 operate these accelerators in a way that is not dependent upon or is very less dependent upon public funding provided by the Collier County Commission, which you've done a wonderful job of, and we know we're asking for more this year. We understand that all things have to come to an end. We understand that we need to work on that. It has never been something that, honestly, we've given the highest of priority to. We've had other priorities. We're going to make it a priority this year. Three weeks ago in a board meeting, Fred appointed two committees that we've not had before, or at least not actively working. One is a fundraising committee that several members of the board are on whose purpose is going to be to determine how we can find fundraising sources primarily in the philanthropic arena. A second committee was appointed called the planning committee. I think, unfortunately, I drew the short straw, and I got asked to be the chairman of that one. But fortunately there's some other people that are more capable than I that are going to be on that committee, including Dr. Garnier who's volunteered to do that if he's still here, and one other gentleman. And our mission is going to be to determine how it might be possible to find alternative sources. And I'm going to identify six different things very quickly that we're going to look at. And this is a process plan. This is not a six months from now we've hit it and we've solved the problem. First is we're going to talk to some universities -- obviously, local ones as well as some that may not be local -- to see how we could partner up with them and see how they might have an interest in being part of this. Incubators/accelerators are mentoring. They're education. That's what universities do. Dr. Goodman, I believe, ran a couple of accelerators when he was in California with another university. November 14, 2017 Page 162 We may talk to the school board. I don't know if that's viable or not. I don't honestly even know if the school board can fund things that are not K through 12, but we're going to find out. We're going to have conversations with foundations nationally that may have missions oriented toward what we do to see about funding sources that may not be permanent funding sources, but it may be temporary funding sources. They may have ideas. We're going to explore the world of incubators and accelerators nationwide and see how they operate; profit-making incubators and accelerators and not profit making. We may go travel and see them. If we do, I think those of us that go will probably pay for it ourselves. We've done some of those things before to learn and gather information, talk to people. Obviously, we can read a lot; you can find a lot out on the Internet. You don't have to travel at all. We are going to look at what profit-making accelerators do run, how they run. We are going to talk to businesspeople and investors who might have an interest in somehow partnering up with us in some way that is profit making to them, not profit making to us. We're a not-for-profit 501(c)3 organization. That can get a little bit tricky, but there may be ways to do joint ventures. So I don't have answers, but that's what we're going to study. That's what we're going to do. The one thing I do feel very confident about is that we have a core groups of members of our board that are committed to this, and I'm satisfied we've got the intellectual horsepower on our board to explore all these things and do it intelligently. Our goal is within six months to be able to come back to you with a recommendation and suggestions of what we think we might be able to do going forward. If you want reports monthly on what we're doing, we can do that. I don't think we're going to be able to have a complete November 14, 2017 Page 163 report on what we've determined we can do for six months. That's what we're going to do, and that's the go-forward plan. The board, I think, is completely committed to this. We want to see this thing work. We believe the accelerators are a very good program. I'd like to do one thing here and read something to you, and I'm going to try to summarize it, because I think this is important. It's from former Senator Garrett Richter, who is a member of our executive committee and our board. Unfortunately he's in New York right now dealing with his day job, but he had wanted to be here and speak. And I'll leave the letter with you. Dear Commissioners: First off, thank you for your service and commitment to Collier County. I regret I'm not able to personally be present. My comment's in support of the incubator. In New York. If I were in Naples, I would surely be at this meeting to present to you my motivation for support and involvement in this successful endeavor. I first became aware of this opportunity when I represented Collier County in the Florida Senate. I was asked by the county to advocate for funding for this economic engine after it was unanimously approved by the County Commissioners a few years ago. I had discussions with each member of the Board of County Commissioners, both one on one and in public forums. Each year the Collier County delegation meets publicly with commissioners to hear their priorities. I became convinced that this project initiated and prioritized by the commissioners was worthy, and it was well aligned with my priorities: Jobs, jobs, jobs. At the request of Collier County, I successfully advocated for funding in the appropriations bill that was sent to the Governor in four successive years. Twice the appropriation was approved by the Governor, and twice it was vetoed along with other vetoes. November 14, 2017 Page 164 Delays that I would label bureaucratic caused the initial funding to be limited to approximately 25 percent of the appropriation in the first year. The terms of associated claw-back agreements were not scaled back even though the appropriations did not fully fund. I understand that there is an effort underway to amend the claw- back agreement to align it with the amount funded. For four successive years I was asked by Collier County to support and fund EII, and now I ask Collier County to do the same thing. Please support and continue to fund this economic engine. The return on investment of EII will be explained by others today, as it is the plan to continue to create and recruit diversified job opportunities in Collier County, both at the accelerator and at the food accelerator in Immokalee. The vision of the prior Board of Commissioners has been realized and is continuing to develop. My hope is that this vision will continue and that the county will take pride in the impact of its economic efforts in Naples and Immokalee. I have one final statement, then I'm going to shut up. We talked about three-legged stools. Everybody knows what they are. I think that this commission and this community have created a new three-dimensional economic development paradigm which I'm going to credit you and your predecessors for thinking of. You do three things in the economic development arena that is designed to diversify and encourage the diversification of this economy. One is you have funded the accelerator, and that's the biggest commitment you've made. Two, you have funded the Naples Chamber of Commerce partnership for Collier's economy, which is designed to encourage business retention, local business expansion. Three, you have funded the economic -- Southwest Florida Economic Development Alliance, which is designed to encourage outreach and try to attract companies to come to the region. Three things you've November 14, 2017 Page 165 done. Three -- three new -- three-legged stool in the economic development area. Thank you for your attention. We think it's a great project. We ask you to support it. Happy to answer your questions. COMMISSIONER SAUNDERS: Madam Chair, if I might. First of all, thank you for the presentation. You obviously have a very impressive board and a very impressive group of people working with you. I asked this to be taken off the consent agenda for a hearing, and I really only had one goal, and that is to make sure that we're spending taxpayer dollars in the most efficient way. That's our obligation. And I have no desire to disrupt anything going in this current year. And my second goal was to try to find out how you were going to be self-sufficient over a period of time, and I think you've provided that. Before we go to other comments, I did have some meetings with the Clerk. I want to thank the Clerk, Dwight Brock, and his staff, Crystal, for -- what they do is they look out for us, and they're going to make sure that when we spend funds that we're doing it in a legal way. I appreciate that extra set of eyes because, quite frankly, if we do something that goes wrong, we can say, well, the Clerk took a look at this, so we have somebody else we can blame. But during that process, we had some conversations yesterday about a few changes to -- and that's why I wanted to have you up here while I was making these comments -- a few changes to the deliverables, and they're simple changes. So let me just kind of go through what they are. And I don't know if you have the sheet of deliverables in front of you. MR. GRANT: Yeah, I have it. COMMISSIONER SAUNDERS: And we can put that on the overhead. That might help. November 14, 2017 Page 166 MR. GRANT: Let me just say, I am a lawyer, as we know, but I do not represent EII. But I can speak about it. When I'm on a board, I don't represent the entity. Somebody else does. COMMISSIONER SAUNDERS: Yeah, understood, understood. On the Deliverable No. 2, there was a request in the second sentence to add the word "accurate" monthly financial statements. Quite frankly, I would assume that they would be accurate, but the question was for the word to be added. MR. GRANT: I think they should be accurate. COMMISSIONER SAUNDERS: Okay. On Deliverable No. 5, there was a little bit of concern, and I had a little bit of a concern in the delay in getting the business plan, and so I suggested that we get the business plan no later than one week before the Board's second meeting in January of 2018. So that gives you the next two-and-a-half months. And if you need more time -- but I'd like to see that -- I think the original document had by April 1st. So we'd like to kind of speed that up a little bit. MR. GRANT: Are you talking about what I described, the plan to try to identify alternative ways to fund? COMMISSIONER SAUNDERS: I'm just looking at the -- no, that's not what I was looking at. Apparently there's going to be a business plan developed. MR. OCHS: Yeah. I think you're referring more to the business plans with the pro forma and the projection of revenues, expenses. I see Ms. Kinzel kind of nodding. MR. GRANT: Okay. We can do that. I don't think we're going to be able to do what I described by mid January. COMMISSIONER SAUNDERS: No, no. I wasn't talking about that. Just your business plan. MR. GRANT: Okay. That's all right. COMMISSIONER SAUNDERS: And Deliverable No. 6, we'd November 14, 2017 Page 167 like to get the IRS Form 990 filed timely. I know there's some extensions. MR. GRANT: Most of us thought it had been, but maybe not. I don't know. COMMISSIONER SAUNDERS: That's just a goal, obviously. And we'd like to get a copy of it. MR. GRANT: Okay. Agreed. COMMISSIONER SAUNDERS: The only other comment was that in the Deliverable No. 1 there were some positions that were identified that seemed to be inconsistent with positions identified elsewhere in the agreement. We just want to make sure that we have the same terminology. And that may not result in any changes, but I'd like to see those three that we just outlined and just make sure that if we refer to one type of employee position in one part of the agreement, that it's consistent throughout the agreement. MR. GRANT: You know, I did notice -- I read the agreement last night, and in one place it refers to the executive director, meaning Dr. Goodman, but in another place it speaks about -- to the generic position of COO and president. It's the same person. We changed his title several years ago and made him the president and COO. And I know there was some issue about whether we could find minutes or not, and I believe -- we all remember doing it, and I know we had minutes. And a month ago we ratified it and wrote minutes. So it's the same position. COMMISSIONER SAUNDERS: Not a big deal, but just for some clarity. You had mentioned doing some reports on a monthly basis. I certainly don't need a report every month. Every six months is sufficient for me. And one of the concerns I had is, how do we define what is success? And we've got your indication of 68 investor -- innovative November 14, 2017 Page 168 companies, innovation companies, and 50-plus jobs, and that sort of thing, and that may very well be sufficient. But at some point in time this board has to kind of come to an agreement with you and your board as to what is success. As I said, I have no desire to interfere with the funding this year, but I think it's important that we have the six-month reports, periodically have you come before us and tell us what you're doing so we know what you're doing, the public knows what you're doing, because in the grand scheme of things $800,000 is a pretty good chunk of taxpayer money, and we just need to make sure that we're spending it properly. MR. GRANT: I understand. COMMISSIONER SAUNDERS: So with those changes to the agreement, Madam Chair, I'm satisfied at this point. COMMISSIONER McDANIEL: Can I go second? CHAIRMAN TAYLOR: Any comments? COMMISSIONER SOLIS: Yes. First, I want to thank the members of the board. I mean, you know, the board at EII is what I would consider not even -- I mean, collectively, they are the foundation, I think, of our community. We're -- you know, Mr. Pezeshkan, Dudley Goodlette, Mr. Grant, Garrett Richter, I mean, these are the heart of our community, and we're lucky to have them on this board and really directing this effort, which I think is critical. I hope my kids will come back here one day and have the ability to work here in the kind of job that they would want to have. So I think we need to move forward. I think as far as economic development efforts, you know, success, as I understand it, is usually measured in terms of what is the investment in the community that results from these efforts and how much employment has been created, and I think the proof is in the pudding. There's been 12 and a half, I think, million dollars of investment, and there's 50-plus jobs in this -- November 14, 2017 Page 169 in the infancy of this organization. So I hope we can keep supporting this. I think it's vital. I think the Immokalee accelerator/incubator is, I think, a wonderful idea. And the fact that Chef Le Squer, you know, one of the greatest chefs that we have in the world at this point, was here and is interested in it speaks volumes to this is a good thing, a good idea, and I think we should support it. So I hope that we can move forward and support and continue to support this. It's a policy decision that the prior board made. I think those of us that ran in the last election were all in favor of economic development, and we need to keep supporting this effort. I mean, if there -- you know, if we need reports, I don't think -- I don't need a report every month either; six months would be fine. And ultimately a plan to make it self-sustaining and -- is, I think, in everybody's interest long term. So I hope we can move forward and support this and approve the contracts. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Well, I'd like to leave it to my colleague on the other end down there, from a lawyer's perspective, to go through the deliverables all the way down to 7 and then jump back up to No. 1 to talk about it. So I'd like to go through, if I may, the deliverables as well. And I want to echo my colleague's comments with regard to the board of directors. I mean -- and I think to paraphrase what he said, it's -- that group of individuals and their leadership capacities are beyond reproach with regard to what's, in fact, the good that has come so far. COMMISSIONER SOLIS: And the experience that they bring to this is -- COMMISSIONER McDANIEL: It's immeasurable. COMMISSIONER SOLIS: -- immeasurable. November 14, 2017 Page 170 COMMISSIONER McDANIEL: Immeasurable. And in light of that, there's a lot of misnomers flying around and people thinking that the Board is not in favor of the accelerator/incubator. Who -- who cannot be in support of a job creator and an educational tool and the promoter that these facilities, in fact, have? And I think, as Commissioner Saunders said earlier, I know myself, personably, in review of those deliverables, I had a couple of questions, and similar to what you said, and maybe even enhance a little bit. Deliverable No. 3 I found to be a little bit confusing, because it talked about annualized revenue streams for both the accelerator and the incubator. I would prefer -- and it -- they were reported on a quarterly basis, but they were annualized totals. And I would suggest, in lieu of a six-month report, that we actually look at a quarterly report. In my other world, in the banking industry, and over at Goodwill and the like, our staff comes to us with a report, the budgeted revenue is this on a quarterly basis, and then they show whether or not they've attained those milestones. If yes, on we go. If no, it doesn't mean we can't continue on, but we have an action plan as to what transpired to not allow us to necessarily hit those milestones, and it would give me a little bit more certainty of what's, in fact, transpiring, more transparency, and more accountability. So my suggestion, very simple, is you talk about $150,000-a-year revenue stream out of the accelerator, divide that by four, and on a quarterly basis, we report on a weekly -- MR. GRANT: Show whether we're hitting it or not? COMMISSIONER McDANIEL: Correct. And if not, again, it's not necessarily bad, but there's an action plan that comes right along with that. MR. GRANT: It's a benchmark. COMMISSIONER McDANIEL: Yes, just a benchmark. MR. GRANT: That's fine. November 14, 2017 Page 171 COMMISSIONER McDANIEL: And that also travels with Deliverable No. 4 as it -- we're talking about 30 days after the end of the reporting period. And, basically, I'm okay with that aspect of it. It can be within 30 days of the end of the quarter but, again, they're benchmarks. Commissioner Saunders, I had actually put in my notes, prior to hearing your definition, I had said by the end of January for that final plan. I didn't necessarily correlate it to your second meeting, but I think we end up at the same path there. As well as the Deliverable No. 6, I would like to see it within a week of its actual submission to the federal government. There's no reason -- click a button and send what you've already sent off on the I-90. MR. GRANT: Done. COMMISSIONER McDANIEL: And then on Deliverable No. 7, if we could break that up as well on a quarterly basis in lieu of the annual aspects that are talked here with your accomplish report, break that up on a quarterly basis as well. I think that would make me feel a little bit better as far as our being able to account for what, in fact, we are doing. I would certainly like to see this project moving forward, especially with the emphasis coming over to Immokalee and the potential for job creation and the like over there. CHAIRMAN TAYLOR: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Considering this board, what they have -- COMMISSIONER McDANIEL: Here. Slide your microphone. COMMISSIONER FIALA: I'm sorry. Considering the board, first of all, whom I hold in the highest respect and have great faith in, that says a lot for the organization -- I, too, like the deliverables. I'd like to see them actually take place, but I think the Board can make November 14, 2017 Page 172 sure that they're being delivered, because I guess you would get them as well. And that way, if we get them and you get them, we can all be assured that it's traveling in the right direction. I had asked them -- I met with them privately yesterday, and I just wanted to know what -- what they've actually done. I didn't know of any businesses or anything that they'd even brought into town, and I thought, you know, that's a selling point to me and to other people. Look at this, we've brought so and so business in, so we are successful. And I think it would be important. And they brought up three things that they've done, and they sound good. We ought to know about that. When you're always in the dark and you never get a report, you don't know if they're successful. You only know that you've got a great board of directors, but how do you know than even the board of directors knows what they're doing? So I would suggest that we do get regular reports. I have to say, unless I'm dead wrong, I've never received one, and that's a long time never to receive one, because we're talking about a few years. And so I'd like to see them, and I think that that would be the responsibility of the CEO to make sure that they're done and they're accurate and that we get them. And so -- and there was one other thing there on a timely manner. And sometimes we don't want the report to flower something to say they want to do this. We want to know what has been done. Okay. And so I think I'm going to have a great deal more confidence when that happens, but I love the idea of the Immokalee. COMMISSIONER McDANIEL: Incubator. COMMISSIONER FIALA: Incubator. Sorry about that. That is such a great idea about teaching people a new skill. I think there's nothing better than that, because you give them the skill, and then they can earn their own money, and they don't need to be given any handouts. And I love that idea. November 14, 2017 Page 173 And it makes them feel good about themselves. There's nothing better than a person earning their own dollar. I think that's a great thing. So I think I've said enough, thank you. CHAIRMAN TAYLOR: Mr. Miller, do we have some speakers? MR. MILLER: Yes, ma'am, we do. We have eight registered speakers on this item. Your first speaker is Danny Gonzalez. He'll be followed by Dawn Bryant. COMMISSIONER SAUNDERS: Madam Chair, I'm going to need to step out at about five minutes to four for a conference call that I have to take. I had anticipated that we would probably be through with the meeting. So I don't know how long the public speakers are going to take. And I just want to be -- I want to be here when we actually vote. So if we could -- if I could suggest that we vote on whatever motion is made at a time-certain at -- I hate to say this, but 10 minutes to four. CHAIRMAN TAYLOR: I don't think you're going to have time, sir. COMMISSIONER SAUNDERS: Well -- MR. OCHS: Madam Chair, sometimes, as a point of order, you know, the Chair asks the speakers that once the Board crafts a motion, if they're in favor of the motion, they may not have to -- you know, if they want to speak in favor of the motion, they can simply indicate, you know, I waive in support of the motion, if you think that will move it forward. CHAIRMAN TAYLOR: My challenge is that a lot of these speakers are from Immokalee, and that's one hour plus -- MR. OCHS: Well, we'd call on them. But if they want to speak, they can speak. But if they want to waive in support, they can simply do that. CHAIRMAN TAYLOR: Yeah, absolutely. If you agree with the November 14, 2017 Page 174 speaker in front of you -- MR. GONZALEZ: Well, believe me, I will agree. COMMISSIONER SAUNDERS: Madam Chair, just one quick second then. I'm going to go ahead and make a motion that we approve the contract with the changes that we talked about in the deliverables, that we receive -- I think you wanted quarterly reports -- COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: -- that we receive quarterly reports, and that as an addition to that, I'd like someone from the EII board to come to a County Commission meeting every six months or so and give us an oral report as well. Just -- I think that's going to be good for you as well as for us. So I'll make that motion. COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: And if the speakers are supportive of the motion, then they can indicate or they can proceed. CHAIRMAN TAYLOR: And I haven't made my remarks yet, but I want to listen to the speakers. So go ahead. MR. GONZALEZ: For the record, my name is Danny Gonzalez. We own a restaurant in Immokalee called Lozano's Restaurant, and we've been in business going on 20 years next month. So my concern was, you know, I was part of Immokalee trying to do a salsa thing, and when I heard this news it just kind of devastated me a little bit because I have kind of already got my pot together, my money, to start my process in the salsa, and it's going on two years already. It's been kind of frustrating. I know how the policy works, you know. It takes time a little bit. But I'm ready for this. My family's ready and committed to move forward with our salsa, and I would like to also support the Taste of Immokalee salsa, go to Immokalee itself, and brand their salsa in Immokalee. I mean, it should be something great for Immokalee, because Taste of Immokalee is already in a Publix. I would love to do November 14, 2017 Page 175 the same thing myself with our salsa, put it in the stores and move forward. And, believe me, Commissioners, it's something good for Immokalee. I'm all for it. I'm part also of the Chamber of Commerce. Whatever it takes to get more business to Immokalee, that's our job to do, and thank you for all the support. Believe me, Ms. Fiala, you talked about Immokalee a lot, so much, and you're still talking about Immokalee. Ms. Penny Taylor, we met. And I appreciate all the help that you're giving us, and I hope we can move forward, like Mr. Solis said. Thank you, sir. CHAIRMAN TAYLOR: Thank you. MR. MILLER: Your next speaker is Dawn Bryant. She will be followed by Carl Sherrill. I don't see Dawn. Is Carl here or Dawn? (No response.) MR. MILLER: Bengt Myrin? MR. MYRIN: Yeah. I yield mine. Thank you so much for supporting this. It's a fabulous. MR. MILLER: Tim Rowe? MR. ROWE: I'll do the same. I yield in full support. MR. MILLER: Jean C. Paul? (No response.) UNIDENTIFIED SPEAKER: He's not here, but he asked, if I had the opportunity to do that, he is in support of this also. MR. MILLER: Stephen Wheeler? UNIDENTIFIED SPEAKER: He left. MR. MILLER: I'm going to have to -- David from the SBA office. I can't read the writing here on the last name, sir. MR. SHERRILL: I'm Carl Sherrill -- MR. MILLER: Oh, I'm sorry, Carl. Go ahead, sir. MR. SHERRILL: -- from the SBA. November 14, 2017 Page 176 You had heard all the great plans. I just wanted to talk to you about something that was not planned and that, of course, was Irma. Here in Collier County we have seen and talked to 472 businesses at the accelerator. We have seen, at the disaster recovery center -- and I don't know whether any of you went to the disaster recovery center at Golden Gate or not, but in a disaster recovery center, there are individuals there that are there to see FEMA, they're there to see the disaster unemployment, and a number of other things. But the businesses that were able to come and talk to somebody at the accelerator did not have to do that in front of their customers or in front of their employees. They were able to go there and talk to somebody that was familiar with business and could help them with their application. Now, that's in contrast to a county to the north that does not have an accelerator. The county to the north had a little bit over 3,100 applications or people that saw SBA folks, and they had 430 businesspeople that had to stand in line and be there along with maybe their customers, maybe their employees, to talk to somebody about their business. So you are in a very fortunate situation, your businesses were in a very fortunate situation to receive that assistance here, and we thank you for it. MR. MILLER: The last name I have, Madam Chair, I'll try, is David Schieffelin from the SBA. MR. SHERRILL: I'm sorry. I was speaking for him, and he had to go onto another obligation. MR. MILLER: Thank you. COMMISSIONER FIALA: And you'd asked about Steve Wheeler. He came up to me just before he left, and he said he was also supportive. COMMISSIONER SOLIS: You know, and just to let everybody November 14, 2017 Page 177 know, one of the things that was done at the accelerator immediately after the hurricane were several webinars with SBA and Dr. Goodman -- I was there for one of them -- to get the word out to businesses as to what they could do for assistance from FEMA and whatnot. So I'd like to congratulate Jace and Dr. Goodman as well for -- you know, for jumping into the recovery efforts in the way that the accelerator could. So I think that was very well done. CHAIRMAN TAYLOR: Okay. Let me wrap it up here. I can't support the motion, and I can tell you why. We've all been briefed on the Clerk's -- and what the Clerk has brought to us. I certainly am willing -- there's no question about the caliber of the people involved in the accelerator; no question. Just top-notch. But, unfortunately, they inherited it in many ways. We've got a situation where there's $85 million right now in the state's coffers with over $600 million of ask for grants for economic development, and not one has been filled. We have a hurricane that just came down upon us which indicates -- there's an argument now in Tallahassee about whose -- you know, are we going to go into our reserves, are we going to not go into our reserves to pay for this, and this is on the state level. State funding for this, which we've been dependent on, has successively been minimized to the point where Immokalee -- which has always been my dream. I was in Tallahassee talking about Immokalee -- has no way to process the food. So you can come in and use the test kitchen, you can get and spend $25 an hour to do that, you can spend $750 for a University of Florida person to determine if it's safe, but after that, there's a problem, because the HPP machine -- and the grant for that HPP machine is not there. COMMISSIONER McDANIEL: HPP stands for what? CHAIRMAN TAYLOR: Oh, my gosh. November 14, 2017 Page 178 MR. OCHS: High pressure processing machine. COMMISSIONER McDANIEL: Sorry about that. I thought you knew what it was. COMMISSIONER FIALA: What's it called? I'm sorry. What's it called? MR. OCHS: High pressure processing. COMMISSIONER McDANIEL: Yes. It's a fancy dancy pasteurizer processor. CHAIRMAN TAYLOR: And it was an extraordinary -- but it doesn't mean that this machine can't be leased. But, again, there's a bit of a hiccup here. I would agree to six months funding of the accelerator and the incubator. I would not agree to a year. I'd like to look at it again. I am very concerned; not with the leadership, not with the leadership. I'm concerned that the ship may have sailed. I'm concerned about the time frame that this accelerator -- you know -- and let me back up. This accelerator concept was delivered to EII before I was even on the Board. You were on the Board, but I wasn't on the Board, and then it started to move forward when I was on the Board. So I've kind of had a three-year look at this. And from my perspective, given what this audit the Clerk is preparing is coming down, I'm not willing to commit $800,000 to this venture. I would like to see it, six months. I would like to see a business plan in January. I'd like to see not self-sufficiency -- that's asking way too much -- but I would like to see a more solid economic base to -- especially to Immokalee, and then to look at it again. So I needed to bring that forward, not as a -- and then -- and to -- finally, as far as Immokalee's concerned -- because I don't have the votes to do this, and the vote will be to fund you on an annual basis -- please create a committee of Immokaleeans to talk about what's needed up there. That's what they need. They need to understand -- they need November 14, 2017 Page 179 to interact, because no one knows more about Immokalee than those folks that live there. They understand the economy. They understand the business of Immokalee. And that's very important. COMMISSIONER McDANIEL: The demographics. CHAIRMAN TAYLOR: The demographics. COMMISSIONER FIALA: Can I ask you a question? CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: Maybe I didn't understand what you said, so I just want to clarify. CHAIRMAN TAYLOR: Okay. COMMISSIONER FIALA: When you said something about some machine that isn't there -- CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: -- does that -- that means, then, they can't conduct cooking classes? Is that what you're -- CHAIRMAN TAYLOR: Oh, no. I think they can -- I think there's a full kitchen there. COMMISSIONER FIALA: Oh, okay. CHAIRMAN TAYLOR: That's not the issue. COMMISSIONER FIALA: Oh. CHAIRMAN TAYLOR: But after you've got your mix exactly the way you want and everything and then you have it tested to make sure that it's -- you know, it's correct in terms of the safety part, you still have to figure out how you're going to bottle it or preserve it in order to get it to a place like Woodstock's. That part is not there. Does it mean it will never get there? No. But, you know, it's one thing after another. Let's face it, I mean, at the end of the last session we had a million dollars for the HPP machine, and that HPP machine -- that million dollars was denied on the state level. COMMISSIONER FIALA: Oh, I see. COMMISSIONER McDANIEL: That was in our legislative November 14, 2017 Page 180 initiative last year, I think, or was it the year before? CHAIRMAN TAYLOR: The year before. COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: You know. And there's no question Senator Richter has worked and worked and worked to make this happen, but it's a different time now. The economy's booming. It's a different time than when the accelerator was created. So I'm more cautious, and I'm -- I am concerned about a dream that is a valid dream, it's an important dream, but it's a dream that may not be realized, and I'm very concerned about taxpayers' money. COMMISSIONER FIALA: You know, you're right, and I've heard about some of the expenses and, you know, like a coffee machine, for instance, that costs an exorbitant amount, I think. COMMISSIONER SOLIS: The what? COMMISSIONER FIALA: Coffee machine -- CHAIRMAN TAYLOR: A coffee machine for Woodstock's for $10,000. COMMISSIONER FIALA: -- costing $3,800, and I thought, that's a little bit high for a coffee machine, things like that. But, you know, I think -- I think -- we've got this board that -- COMMISSIONER SOLIS: We've got this board. COMMISSIONER FIALA: -- that now is pretty aware of what's going on. And, you know, we've never had conversations with their board. CHAIRMAN TAYLOR: That's right. COMMISSIONER FIALA: I think this is a good thing. But I think that we ought to -- and when we first started this we saw that we would have to give them this much, but then it would continue to go down but, actually, it's continued to go up as far as expenses and how much more we have to infuse into this thing. Maybe we ought to just do this for six months and see -- see what November 14, 2017 Page 181 we do. And if they're accomplishing things and now we're getting reports -- because we don't get reports now. All we -- CHAIRMAN TAYLOR: Not. COMMISSIONER FIALA: No. So if we get reports regularly and we can see that they're moving up the ladder and they're accomplishing something, then when the six months are up, we can say, well, now he's accomplished this. Let's continue on. MR. OCHS: Madam Chair, on the processing issue, just to let everybody know, that in the funded budget there's equipment that's going to be leased to provide conventional processing, not the HPP, but conventional. I think you put all the quarterly reporting requirements in the two contract amendments that Commissioner Saunders and McDaniel have made. COMMISSIONER McDANIEL: That was my question. I know you've got to go. But my question was going to be, with those quarterly reporting -- I mean, we can commit to the annual, but we have decision-making rights on a quarterly basis as we go forward. I mean, we can't shut them down just because they didn't hit one of those measurables, but we could say -- you know, we could make a -- we could delineate a shorter time frame; is that correct? MR. OCHS: Yes, sir. I mean, it's hard to, frankly, hire -- if I had to hire a staff to operate with the expectations in this contract and tell my prospects they've got a three-month job and then I'll let them know after, it's pretty tough to hire good staff. COMMISSIONER McDANIEL: Right. That's why I was thinking the quarterly would be a measurable for us to attain and then move forward and give direction to the Board and to staff as to how to move forward. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: And I -- go ahead. COMMISSIONER SAUNDERS: I was just going to say, we November 14, 2017 Page 182 have a motion on the floor to approve the agreement with the annual funding. I think this has been a good exercise. I think the message to the board is that, you know, we want to be involved, we want to know what's going on, and we have some skepticism, perhaps, in terms of whether this is successful or not, so we need you to keep us informed. I think the Clerk has done a great job in evaluating this, and the Clerk has done a great job in keeping us informed. I think the message is that he's part of our team, so we all work together. Madam Chair, I'm going to call for the question unless there's some other comment, but that's the motion and the second. CHAIRMAN TAYLOR: Okay. I think we've pretty much -- okay. Let's call the question. There's a motion on the floor to approve the funding as stated in the executive summary for one year with the amendments to the deliverables as stated, and there is a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER FIALA: Only because I'd like it to be six months instead, and maybe that would encourage them to get the job done right. COMMISSIONER McDANIEL: 3-2. MR. OCHS: 3-2? CHAIRMAN TAYLOR: 3-2. COMMISSIONER SAUNDERS: And, Madam Chair, if I may make one quick comment before I will step out for just a couple of minutes. November 14, 2017 Page 183 Item #9B RESOLUTION 2017-222: DECLARING THE ACQUISITION OF THE ASSETS OF THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY SERVING THE GOLDEN GATE COMMUNITY IN COLLIER COUNTY, FLORIDA, BY THE COLLIER COUNTY WATER-SEWER DISTRICT, AND IMPLEMENTATION OF COUNTY RATES IS IN THE PUBLIC INTEREST; TO ESTABLISH RATES AND CHARGES; AND TO MODIFY THE SERVICE AREA OF THE COLLIER COUNTY WATER-SEWER DISTRICT – ADOPTED CHAIRMAN TAYLOR: You want the Golden Gate? COMMISSIONER SAUNDERS: I'd like to, you know, be here -- CHAIRMAN TAYLOR: We'll wait. COMMISSIONER SAUNDERS: Okay. If you could hold that off. I don't think there's anybody here from Golden Gate on that particular issue. CHAIRMAN TAYLOR: I think we have enough to go through. We'll certainly wait, because that is your district, sir. COMMISSIONER SAUNDERS: I appreciate that. COMMISSIONER FIALA: Or we could even vote on it right now. Do you want to make a motion? COMMISSIONER McDANIEL: Yeah, I'll make a -- COMMISSIONER SAUNDERS: Make a motion to approve the staff recommendation and to move forward with the acquisition of the FGUA facilities in Golden Gate City. I do want to thank staff. You all have done a great job in putting this together. I know we've got in some attorneys from out of town that have come here, but I don't think we need to hear too much in November 14, 2017 Page 184 reference to this. I believe -- and I want to thank the Board, because I genuinely believe that this is probably the single-most important thing we can do for that community. They have septic tanks that are next to wells in very small lots, septic tanks that are failing. There's a public-health issue out there. There are not a sufficient number of fire hydrants. And the residents that have both water and sewer, the typical resident out there will save about $50 a month in their utility bills starting immediately when this is taken over. Staff has been able to structure this so that there is -- it's really, basically, no cost to the county. They're restructuring the debt, they're making some improvements, and by taking over and using the county rates, even though those rates are substantially lower, there's no cost to the county ratepayers outside of that area. So I'll make a motion to approve the -- COMMISSIONER FIALA: Second. COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: -- staff recommendation moving forward. COMMISSIONER McDANIEL: And I concur with you. Only -- not just for the community, but it's for our whole county. The benefits that are associated with this process are amazing for our entire community for solid waste and our potable water systems. It's -- COMMISSIONER FIALA: He has to get going, so... COMMISSIONER McDANIEL: Goodbye. Call the question then. CHAIRMAN TAYLOR: Okay. There's a motion on the floor and a second. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. November 14, 2017 Page 185 COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: That carries unanimously. COMMISSIONER McDANIEL: Hurry back. CHAIRMAN TAYLOR: Terri, you okay? THE COURT REPORTER: Yes. CHAIRMAN TAYLOR: Okay. Let's continue. Item #9C RESOLUTION 2017-223: APPROVAL OF THE 2017 COMBINED ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES AND SCHEDULE OF CAPITAL IMPROVEMENTS AS PROVIDED FOR IN SECTION 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES AND ADOPT A RESOLUTION THAT UPDATES THE 5-YEAR CAPITAL IMPROVEMENT SCHEDULES. (PL-20170000596/CPSP-2017-1) – ADOPTED W/AMENDMENTS 1 & 2 AND BEACH ACCESS MR. OCHS: Okay. That would take us to Item 9C on your agenda. That's the recommendation to review and approve the 2017 combined Annual Update and Inventory Report on public facilities and schedule of capital improvements, and Mr. Bosi will begin the presentation. COMMISSIONER SOLIS: I didn't bring mine in. I left my notebook in the back. November 14, 2017 Page 186 COMMISSIONER McDANIEL: It's right here on the thing. COMMISSIONER FIALA: There are two back here. One is mine. MR. KLATZKOW: And just while we're waiting, just for the record, there were no registered speakers for that utility item. COMMISSIONER McDANIEL: Oh, that's nice. COMMISSIONER SOLIS: That's good. COMMISSIONER McDANIEL: That we didn't break -- you've got to speak up a little sooner while we've got the freight train heading down the road. MR. KLATZKOW: Well, you guys were going so fast. COMMISSIONER McDANIEL: There were no registered speakers on the utility issue, so we were in the clear by not hearing anybody. MR. BOSI: Good afternoon, Commissioners. Mike Bosi, Planning and Zoning Director. I'm here for the Annual Update and Inventory Reports. I've got a 12-slide presentation I'll get through relatively quickly. We have our full team available for presentations. I'm going to just provide an overview of the proceeding of the book that was contained with the projects as well as the Planning Commission's ultimate recommendation related to the AUIR/CIE. It's the one-year snapshot that's needed to project the required improvements of all infrastructure and service-providing departments based upon population projections compared against the level-of-service standard. Basically what that's saying is to maintain the community, the services that are provided to our citizens at a similar rate, at the same rate, at a constant rate so we don't see a degradation within those individual services. There's two distinct categories. One is the Category A. They make up the concurrency facilities. Those are the ones that have to November 14, 2017 Page 187 satisfy the capacity questions as to whether they can move forward. That's roads, drainage, potable water, watershed, solid waste, parks and recs, and schools. Your B are your non-currency facilities: Jails, law enforcement, libraries, EMS, and government buildings. We projected the county's growth per our policy in the Capital Improvement Element based upon the University of Florida Bureau of Economic and Business Research, BEBR, and we also have a seasonal population, a 20 percent increase to account for the seasonal populations and the increased demand that the infrastructure and service providers experience during the months of January, February, and March. How do we build? How do we make the determination? For a number of the components, such as library, it's just new population against your level-of-service standards. If there's 300 -- or 33,878 people projected for the five-year period, you multiply that times your level of service, your square-footage requirement, and it will tell you that you need 11,180 square feet of additional library space to maintain pace, and that's one of the more simpler ones. Libraries and parks are strictly population based. There's other factors, though, in the other capital improvement intensive division and infrastructure providers. They use a little more sophistication. It's not just population. Population is the underpinning of the factors, but transportation. It's your trip counts, your actual trip counts that are on the road that's compared against the volume or the capacity available for any one of those road segments. That's what dictates the need and the calling for expansions and new opportunities and new avenues. Public Utilities, in the same way, it's where they have a premium placed against their peak utility demands that they look at from a usage standpoint to make that determination. EMS is another provision where it's arrival time. It's not just November 14, 2017 Page 188 population based, but it's arrival time: Eight minutes within your urbanized area; 12 minutes within your rural area to having one of those transport vehicles at the house. And the other one I did not mention, though, but it's stormwater. Stormwater, it's not population based, but it's quantity and quality, meaning the quantity of that water that we're moving but also the water quality allowances were provided by how we staged that water and how it ultimately gets to its ultimate destination. What else the AUIR establishes, the rational nexus required for the utilization of impact fees in both the categories. That's just the monies that are being expended are for growth-related projects. Also, it's an approximation of revenue over the capital -- over the period of time for the AUIR and help determine the county's ability to construct at the adopted levels of service. It's a good precursor to the budgetary exercise that you start in February, conclude in September of the needs that will be required to maintain the sense of place. And as I've mentioned, all of the projects within the AUIR/CIE are growth related, and that's where that connection to the impact fees come, but also the connection to the new developments that come through from a land use standpoint in terms of their analysis against available capacities. This trend tells a very stable story of Collier County over the last six years, and what it provides for is, what was the five-year estimate of population projections studied in 2012 all the way to 2017? And if you look at that, the lowest being 8.25 percent, the highest being 9.84 percent. Basically what that said is in the last six to seven years, we've been adding 5- to 6- to 7,000 people on an annual basis, and that's a steady growth rate. That's a predictable, steady, one that our infrastructure and service providers have been able to maintain a good handle upon. In this next slide, this provides your COs that have been issued in November 14, 2017 Page 189 your 2016/2017 period. And if you look at the total, it roughly will come to about 3,600. Well, correspondingly, if you take that, you know, 3,500, '600 COs, you multiple it by our persons-per-household population, and you're right around the delta of that 5- -- or 6- to 7,000 persons/populations that we expected over that annual basis. So what that's telling you is what we're projecting in terms of our population, it's right about -- we're right about even, on par with where we would expect those COs to be leveled at with the understanding that there's going to be 20 percent of those that are going to be held back for seasonal or occupation -- or seasonal occupancy. So these correlations are comforting from a standpoint of knowing that we're not getting too far ahead of ourselves. We're on a steady pace, and we've had a steady pace of growth in the past six years, and we project we're going to maintain that moving forward. And this is just a snapshot of the COs that have been issued from 2005 to 2017, a total of 18,787 single-family units and 13,615 multifamily units. Just to give you a composite over the last 12 years of the total number of units that have grown out of the ground. Here's a summary of the proposed improvements within your first two years. Your first two years are the most crucial. Those are the ones where your funding is already locked in and dedicated for. And if you're looking for transportation, your two big builds, your Golden Gate Boulevard, and then your Vanderbilt Beach expansion. That Vanderbilt Beach expansion was directly tied to some of the comments that we had related to the Cleary PUD. That is designed as an alternative east/west corridor, especially east of 951, to be able to handle the volumes of traffic that currently is throttled to the capacity that's only provided by Immokalee Road. So the Vanderbilt Beach extension, we were talking about it earlier this -- this meeting when we were talking about the traffic situation within Immokalee. This was a project specifically designed November 14, 2017 Page 190 to recognize the need to open up additional capacities within that east/west corridor direction. Stormwater, you have Golden Gate City, Immokalee, and Naples Park as your three major -- the three largest price tags. And within parks, it's your sports park that's currently going through the entitlement review located at CityGate. Within law enforcement, your District 1 and your District 5 substation replacements are two of the primary builds, and with also the Sheriff's Office indicating they would like to advocate for the forensic building to be advanced as quickly as possible from a capital standpoint just because of the needs it exerts within their individual system. Within EMS, within those first two -- first two years, Hacienda Lakes, DeSoto Boulevard, and Immokalee/951 is actually in the third year, so that's not within the first two. And then you have your library collections, which is basically just your library materials, your books, your electronic content and medium that's provided for on an annual basis. Those are the major highlights of the capital improvement contained within your CIE/AUIR. COMMISSIONER McDANIEL: Quick question before he goes on, if I may. CHAIRMAN TAYLOR: Yeah. COMMISSIONER McDANIEL: Back up a slide. And this is a -- not that -- that one right there. And this is where I think we need to provide for a little more clarity. You've included in Category A facilities and projects. The sports complex is a separate entity funded by TDT funding and a bond issue that's securitized by the one cent TDT tax that we raised and shouldn't be included in the CIE from an expenditure standpoint for county infrastructure, I don't think. November 14, 2017 Page 191 I mean, if you were to talk about the Big Corkscrew Regional Park, in lieu of that, that would be a more -- I think a more better explanation of expenditure of these funds. We have a lot of confusion with the residents as far as the buckets of money. We all know the buckets of money that come from impact fees and what those monies had have to be spent on, what the TDT tax is, what the sales tax is, and so on, the like, but including that facility up there, to me lends me to believe that that's part of a CIE for the overall county funded out of impact fees or General Fund, and that's not the case. MR. CASALANGUIDA: Commissioner, if I could, when we did the sports park, it was important for the public that they're going to have use of the facility as residents as well, too. So your AUIR/CIE has two components, the capital improvement side and the AUIR inventory side. So you're going to have inventory that will be open to the residents part of the time, and there'll be a General Fund component in terms of the operation of that as well, too. So while it's not funded from the capital side, from, you know, those funds that are TD funds, not General Fund, you're going to get an operating portion that does come from the General Fund, and you will have capacity that's added to the network, and I think that's what Mike was kind of showing it, that it's part of the inventory that we're going to have in the county park system. That's all. It wasn't meant for a capital funding. COMMISSIONER McDANIEL: Well, we're talking -- COMMISSIONER FIALA: Where is the Corkscrew Park? COMMISSIONER McDANIEL: Corkscrew Regional Park is out on the other side of the fairgrounds out there. That is a park that's going into inventory, and I think it's set up for construction within the next couple of years, and it could necessarily be there as well. And this is just me, from a simplistic standpoint, we're talking about a CIE November 14, 2017 Page 192 with funding streams that we utilize out of this AUIR to determine our capital improvements that our community's, in fact, going to need. And this is a -- that's a capital improvement that's coming from an entirely segregated funding source. Yes, it counts in inventory, but we're talking about capital improvements. MR. OCHS: We're talking about both. It's the annual update to the inventory and the related CIE. COMMISSIONER McDANIEL: Right. MR. OCHS: That's all. We're just trying to make that distinction. If you add this park complex into your parks and rec inventory, that helps your level-of-service standard going forward. COMMISSIONER McDANIEL: Gotcha. MR. OCHS: But I understand your point about the segregated funding. We're good. I understand where you're going. COMMISSIONER McDANIEL: That was just a question that I had, so... MR. BOSI: And on to the last slide. And the last slide is simply the Planning Commission's recommendation. They heard this on October 19th. They provided unanimous recommendation for the Board of County Commissioners to accept the report as was presented to the Planning Commission. There was one clarification. They did ask for the Board to consider inventorying and showing graphically beach access as a component of the Parks and Recreation facilities section in the AUIR rather than being reported along with other facilities in the appendix. Right now Parks and Recs has a pretty robust appendix. A section shows you field usage, facilities, a lot of different information. The beach access is part of that. It follows the general guidelines that are contained within the index. It's been asked from the Planning Commission, could we bring that more permanently with into the AUIR and how we show the beach November 14, 2017 Page 193 access in relationship to planned facilities. COMMISSIONER SOLIS: I like that idea. CHAIRMAN TAYLOR: Me, too. COMMISSIONER McDANIEL: I don't. CHAIRMAN TAYLOR: I think it's very important. COMMISSIONER McDANIEL: Well -- and it's not that I don't. It's just -- if we're in discussion. It's not that I don't like it. It's just I'm concerned about the unintended consequences with the lack of specificity of what, in fact, comprises adequate beach access. And without that being delineated, including this in the AUIR, which is what staff utilizes for development of our capital element improvements, and then, in turn, meeting with concurrency as we go forward, I foresee an issue where someone could say that development could not go forward because it doesn't meet with the beach inventory side. MR. BOSI: And to address those concerns, we showed that information in the appendix. This would be most certainly a nonbinding, non-component of your concurrency management system. This just was a request to show the portion that's shown in our inventory in a more prominent way as part of the park's overall representation. COMMISSIONER McDANIEL: As long as it's not tying us up. And I like the delineation because, Madam Chair, as you so accurately put at one of our last meetings, we were talking about beach access and the availability of parking, and I think we have an item coming up with regard to our -- what are we doing? We okay? COMMISSIONER FIALA: Yeah. I'm just saying, Terri's looking like she really needs a break. COMMISSIONER McDANIEL: How come every time I start talking you think the court reporter needs a break? What's up with that? November 14, 2017 Page 194 COMMISSIONER FIALA: Is there something? Do you think there's a correlation between the two? COMMISSIONER McDANIEL: I don't know. As long as it doesn't -- COMMISSIONER SOLIS: I was listening. COMMISSIONER McDANIEL: Good. As long as it doesn't tie us up and we are reporting it, acknowledging the necessity for adequate beach access, and this is the methodology for that, then I'm okay with that. I just didn't want -- I was concerned about the unintended consequences when I read that coming out of the CCPC. MR. OCHS: Well, you know, I share that a little bit, because if we're talking about setting up a hard level-of-service standard for the number of beach parking spaces, this is a Category A facility, so your Comp Plan mandates that that has to be financially feasible and funded. So your point's well made, and I just wanted to make sure the Board -- if you want us to establish a true level-of-service standard in the AUIR for beach parking spots, there may be a funding consequence to that. COMMISSIONER McDANIEL: Well, there inevitably will be a funding consequence to that. But having it delineated is -- and this is the beginning of the process for that delineation so that we can actually ascertain the necessities that are requisite for the parking spaces, then we can appropriate the necessary funding as we go. So I just don't want to get caught in unintended consequences. That's all. CHAIRMAN TAYLOR: We did it before. We need to do it again. COMMISSIONER McDANIEL: You back? COMMISSIONER SAUNDERS: Yeah, I'm back. I'm not 100 percent sure what the discussion is other than beach access, but I'm dying to say if don't do this we're going to be putting our -- you know, hiding our heads in the sand, and we don't want to -- November 14, 2017 Page 195 COMMISSIONER FIALA: Good one. COMMISSIONER McDANIEL: Yes. That's beautiful. CHAIRMAN TAYLOR: We all need to go and have a break and come back. That was brilliant; it really was. Can we take a consensus that we agree that this should go in? COMMISSIONER McDANIEL: I'd be happy to go with that consensus. COMMISSIONER FIALA: I think so. COMMISSIONER SAUNDERS: I agree. COMMISSIONER FIALA: Beaches are extremely important. CHAIRMAN TAYLOR: Yeah. COMMISSIONER FIALA: It looks like we all -- none of us ever get to the beach, by the way, but for the others, they do need it. CHAIRMAN TAYLOR: It's important. It's, I think -- one of the most important parts of Naples are the beaches. That's why people come here. Okay. MR. BOSI: And that's all the presentation that I've prepared. Answer any questions the Board may have. CHAIRMAN TAYLOR: Commissioner Fiala has, because you mentioned it before. COMMISSIONER FIALA: What's that? Something to say? CHAIRMAN TAYLOR: Yeah. COMMISSIONER FIALA: You know what, I just wanted to say to Mike, he gave a presentation the other day at a neighborhood information meeting about that craft beer place. You did an excellent job, and that's way off the subject, so that's all I'll just say, but you did a great job. COMMISSIONER McDANIEL: Madam Chair, my light's not staying on. CHAIRMAN TAYLOR: Okay. COMMISSIONER FIALA: Why am I thinking about beer right November 14, 2017 Page 196 now? COMMISSIONER SOLIS: Before he starts talking, can we cut for a break? COMMISSIONER McDANIEL: Do you want to take a break? COMMISSIONER FIALA: We need to do that. COMMISSIONER McDANIEL: Let's take a break before I go. I had a couple of comments I'd like to make, Mr. Bosi, and that's just -- when I read through this and I saw that -- the population estimates that you had up there earlier, I really like those, because that was, if I'm not mistaken, the 2012 estimate of population was 328-, and then out to five years was 355-, which would take us to 2017, and you come down there, and it's actually estimated at 357-, and it comes and goes. And I found that to be a very interesting, accurate process that we've got going on, that -- and as you all know, we voted to continue on or expand the interactive growth model which is going to assist us in those population estimations in modeling going forward. So I think we're going to be able to line up and have even more accurate information from with which to go forward on. Do you have a comment there or no? You good? My concerns that I -- and I spoke with Leo about it yesterday, departmentally there were population estimations that were right in line with the 360-some-odd thousand as an estimate, but other departments increased by that 20 percent peak population, and then, straight line, went forward from there with their capital improvement requisites to that already increased 20 percent. And I found that to be confusing at best if not necessarily misleading, because it set us up with -- it set us up with too high of a population base to start off. Do you have any comments? MR. BOSI: There are a certain number of our AUIR components that peak season populations that are the drivers and some that are just November 14, 2017 Page 197 permanent population that are the drivers. And the 20 percent is that agreed-upon seasonal influx that we impose upon most of the service providers. Only a few of them are permanent population, and that's the distinguishing factor between the two. COMMISSIONER McDANIEL: But don't we use those population estimates to then come back around and derive the necessity of the impact fees that are associated with those capital elements? MR. BOSI: No. Your impact fees are based upon the assets to date at the time of the study based against your current populations. It does not look forward. It only looks backwards as to what you had to be able to -- what's the share of any one of the costs of that infrastructure on a household-by-household basis. COMMISSIONER McDANIEL: My last question: How many other counties in the state of Florida use the AUIR process? MR. BOSI: I've been doing this for almost 11 years, and it's -- there is no other county. We actually went -- I went through a level-of-service study in 2008 and contacted almost every single county, and no one goes to the length to talk about library space, library collections, EMS, government buildings, the type -- law enforcement, jails at length that we do. The public doesn't attend as much, but it's important because I think it really shows that the Board of County Commissioners in this general-purpose government is committed to maintaining the sense of place that has attracted people to the county and want to maintain that moving forward so people can always enjoy the services and the infrastructure that we have, you know, provided. COMMISSIONER FIALA: I did have a question. CHAIRMAN TAYLOR: Go ahead. COMMISSIONER FIALA: On this I noticed, first of all, these figures are a little bit different than the ones we have in our agenda, November 14, 2017 Page 198 and I didn't know why they were different. And I don't know if it really makes any difference, but they are different anyway; same with the percentages and so forth. And I didn't know if you knew what the answer was. MR. BOSI: Other than maybe it was a copy and paste error on my part for the PowerPoint. But the ranges, I believe, are within that same -- that same story in which it's telling of the 5- to 6,000 per year. COMMISSIONER FIALA: Yeah. They're not off by a bunch. Just some. CHAIRMAN TAYLOR: Just some. COMMISSIONER FIALA: And then I was wondering, how did you -- when you figure permanent population following five years, and you've got that, I just -- I don't understand how that all came to be. What percentages did you use to change the five years? I'm just -- MR. BOSI: Well, you would take your total population, your five-year period, say it's 35,000. You divide it by five. That will give you your percentage of your annual growth. And then you do your total. You do -- if it's 35,000, you divide that by your original population, and that will yield what the percentage growth would be for that five-year period. So it's in the statistic. COMMISSIONER FIALA: Okay. One of the things I was most concerned about, and I mentioned this at the beginning of the meeting, too, is we continue to -- when developers come in and continue to want to add density to their different things, and you have now people saying to us, even ULI is saying that you need to increase density, you need to increase density, but -- and they're talking, you know, up to 30 units per acre in some cases, but how does that fly with concurrency on the roads? I mean, we're talking about concurrency requirements and so forth. And we know that the growth is going out east. Why are we going to continue adding more density on our roads? Like Immokalee, November 14, 2017 Page 199 for instance. It's just terribly overcrowded, and a lot of our other roads. So, well, we could go to Pine Ridge, but then that's another terrible dense area. Shouldn't we be conserving that density and trying to live within what the land itself offers? You have four unit per acre, so you build four units per acre. MR. BOSI: You know, we heard a lot about -- and it was your CRA discussions where it talked about economies of scale, mass. And we said it was related to density. It's all about your location. Now, this Board of County Commissioners was faced with a question on Briarwood as a multifamily project at Briarwood and Radio Lane (sic). The net density of that project was 22 units per acre. Do you know why this Board of County Commissioners was able to accept that proposal with very little discussion and say this is what the community needs is because of the location. That intersectional location is allowed to absorb the density, the impact of that proposal in a way that doesn't disrupt the surrounding residential properties or the surrounding character, and it was the right fit because across the street was -- to the west was industrial zoned property. To the south was some multifamily. It was the right place at the right time within the right capacities that were available. Each one of the projects that come by, with the Planning Commission's recommendation and then your review for approval, a capacity analysis is done. It's not binding, because that's done at your SDP or your plat stage. But they look. They say, here's the trip capacity that's available, and you're going to add X number. You can move forward. You won't have a capacity problem. When there is a capacity problem, that's when Trinity Scott will be up letting you know that there's going to have to be some sort of an agreement to help provide for additional capacity or address the impacts of the individual developments. What so often you hear, I believe, is anecdotal stories of November 14, 2017 Page 200 individual residents saying, we can't get by at specific periods of time, and there's certain segments that maybe there are small capacity issues and, therefore, each of those projects could address those smaller issues. But the projects as a whole, if there's capacity in the road segment that it's impacting, can move forward. And I'm probably a little bit clumsy in terms of describing it just because I'm not a transportation planner by training, but that's the overall approach that we take. So each one of these projects that are coming by, they're asking for density. That density is being evaluated against what we have in the system. And our AUIR sets up what those capacities are. Now, in the urbanized area, your urbanized area, especially within those intersections -- you know, that action that we took at Radio Lane and -- or Radio Road and Livingston, you're going to see that more and more into the future, because the square footage that we can provide at our activity centers, you know, where our collector roads are intersections, that square footage as the Amazons and the disruption of home delivery and Internet retail opportunities move further and further and starts changing the way and how much square footage we can support -- the highest and best use for every quadrant of our activity centers, it's not going to be commercial. There's going to be small components of residential. And you can put 20 to 22 units per acre within that facility with it having very little disruption. So those are our opportunities, and I think that's something that was highlighted within your housing plan. But it's all about that location. So when you ask, how do we approve it, how do we make the right determination? It's all about the specifics of the individual proposal, where it sits within the infrastructure, and where it sits within the capacities of your overall roadway. COMMISSIONER McDANIEL: Well said; well said. (Applause.) November 14, 2017 Page 201 COMMISSIONER McDANIEL: Applaud for that. COMMISSIONER SOLIS: That was very good. COMMISSIONER McDANIEL: Yes. MR. OCHS: I agree. COMMISSIONER McDANIEL: And it's time for a break. CHAIRMAN TAYLOR: I have a question. COMMISSIONER McDANIEL: Terri's tipping over. CHAIRMAN TAYLOR: On Page 41 with the stormwater management system facility summary, so in five years we have a deficit of $14,976,000; is that correct? COMMISSIONER McDANIEL: More than that. CHAIRMAN TAYLOR: And that's capital? MR. CASALANGUIDA: That's capital, ma'am. Your O&M's not really included in there. That's the other slide you saw as part of your stormwater utility. CHAIRMAN TAYLOR: Yeah. So this is capital. So if a stormwater fee -- this would apply to a stormwater -- MR. CASALANGUIDA: Your capital would get covered if there was a stormwater utility. That deficit would get made whole. CHAIRMAN TAYLOR: Okay. And then there is one -- on Page 59, there is one stormwater control structure that has a very low grade, and that's on Pine Ridge 1. Could someone describe what that is for me? Is that the Gordon River -- part of the Gordon River basin? MR. KURTZ: Yes, Commissioner. Jerry Kurtz, your Stormwater Project Manager. Pine Ridge No. 1 is probably a weir that's aged out more than any of the other weirs that we have. Plans are pretty much developed to replace it. We're taking a little extra time to coordinate with the Arthrex campus to get that positioned in the right configuration to work out with all their improvements proposed. So the solution's in hand. We're just taking a little extra time to get it right. November 14, 2017 Page 202 CHAIRMAN TAYLOR: All right. Thank you. MR. KURTZ: You're welcome. CHAIRMAN TAYLOR: All right. So do I hear a motion to accept the AUIR with the amendments as shown on the screen, one and two, including the beach access? COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. OCHS: We need a break. CHAIRMAN TAYLOR: I think you need a break, don't you, Terri? Yes. All right. MR. OCHS: Ten minutes? CHAIRMAN TAYLOR: Ten minutes. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mic. CHAIRMAN TAYLOR: Thank you very much. I think we are at 10A; is that correct? Item #10A DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND November 14, 2017 Page 203 BRING BACK FOR A PUBLIC HEARING AN ORDINANCE REESTABLISHING THE PRODUCTIVITY COMMITTEE – APPROVED MR. OCHS: You are correct, Madam Chair. That is a recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance re-establishing the productivity committee. COMMISSIONER McDANIEL: Oh. MR. OCHS: And -- when we last left this issue, the Board had asked us to bring it back, and I think the County Attorney needs some direction on how to -- CHAIRMAN TAYLOR: Oh. MR. KLATZKOW: No. I just -- last time the Board wasn't certain that the proposed ordinance was something structured the way you wanted it. Just need to know if the proposed order is structured the way you want it. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I think that when the last productivity ended, I think it was because they weren't productive, if I can say that. And they weren't actually -- what we wanted was, you know, the productivity to come in and tell -- say a department, how they can operate more efficiently, effectively, and so forth, and even get into their budget a little bit. But it became more of a budget committee than a productivity committee after a while, and so it kind of just disbanded when it wasn't effective anymore. I'll just say that. But, anyway, I still think it's a good idea, and I think if we give criteria and say it's supposed to be how you can be more productive. And I don't care whether it's in transportation, road building, wherever it's going to be. They can go in and work with a department and be helpful, you know, and not critical; helpful of how they can operate November 14, 2017 Page 204 more efficiently. I think that would be a good idea myself. It would be -- for us board members, it would be our responsibility to choose a right person to represent each one of our districts -- CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: -- that will want to do that, plus we're going to have two at large. And if you know somebody who's really good, say, for instance, somebody that came from a very large company and they were very productive, maybe you would want to get them in there to do that thing to be helpful in that manner. CHAIRMAN TAYLOR: One of the things I've been thinking about is that if we could be very specific about what their backgrounds need to be and their work experience. I kind of made some notes here. I think the background needs to -- I mean, I think the background needs to have finance and operations. I think they need to understand how a billion dollar corporation works. COMMISSIONER FIALA: Well, yeah, but, see, that's what happened last time is it became only a budget committee, and we already have a budget committee, you know. It seemed to focus more -- CHAIRMAN TAYLOR: But operations to how it works, how different areas work. So, finance, yeah, I mean, because you don't work well without a base of sound financial basis, but then the second thing is operations. How does it work? You know, how is it set up? How -- COMMISSIONER FIALA: That's exactly what I'm saying. CHAIRMAN TAYLOR: -- does a company -- yeah, so I think we're -- COMMISSIONER FIALA: I thought you were going on into more finance. CHAIRMAN TAYLOR: No, no, no. Operations is very important. Equal billing, equal weight. November 14, 2017 Page 205 COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: How many divisions are there? MR. OCHS: There's about 50. COMMISSIONER SOLIS: Fifty? MR. OCHS: Roughly, give or take. COMMISSIONER SOLIS: I mean, in theory this sounds really good, but I just wonder, where do they start? What is the criteria for them to decide whether or not something's being efficient or not? I mean, the idea of it sounds wonderful, but I just don't know -- and I could see how they would become just a budget committee, because that's something that's pretty easy to -- you can look at it, you can do the numbers, and you can see what's going on but, I mean, to determine a division or department's efficiency, you have to really know what that division or department does on a day-to-day basis. And I just don't know if we're just creating another level of -- CHAIRMAN TAYLOR: Bureaucracy. COMMISSIONER SOLIS: -- bureaucracy that -- at the end of the day, I mean, I think it was disbanded because it really wasn't helpful. COMMISSIONER SAUNDERS: I don't know. COMMISSIONER SOLIS: So -- I mean, I remember seeing some of those discussions and -- COMMISSIONER McDANIEL: I keep hitting my button, but -- COMMISSIONER SOLIS: And I just -- I'm going to ask the question, is this something that's really needed because we're not able to find out or figure out, with the County Manager's assistance, where inefficiencies lie? And I'll just throw that out there. CHAIRMAN TAYLOR: That's a good question. Commissioner Saunders, your light's on. COMMISSIONER SAUNDERS: When this was originally November 14, 2017 Page 206 constituted a long, long, long time ago, the concept was that this committee would be composed of people that had some background in management and that they would take two or three departments a year, and they would take a real hard look at what a particular department does, how they're spending their money, and just have a set of eyes looking at what they're doing and would make recommendations to help improve the efficiency of a particular department, but it certainly wasn't designed to evaluate a whole lot of departments at one time. It was just one or two departments a year. And over a period of years, we'd get into all of the budgets. Now, we have what, you said 50 departments -- COMMISSIONER McDANIEL: Fifty. COMMISSIONER SAUNDERS: -- which is certainly a little more than back in those older days. So, you know, maybe they'd have to do three or four departments a year, but that was the concept. And it seemed to work well for a long time. I don't know if we need it now or not. That's something, obviously, to discuss. I think it did some good work in the early years. COMMISSIONER McDANIEL: If -- COMMISSIONER SOLIS: Could I just follow up? CHAIRMAN TAYLOR: Yes. COMMISSIONER SOLIS: Because it made me think of something. I mean, for example, Steve Carnell's department, I mean, that runs from parks to mental-health services and, I mean, the divisions are really what we're -- because a department can be so diverse, right, and dealing in so many different things. I'm just wondering, if they're not getting down to the division level how you would -- I don't know. I just don't know. CHAIRMAN TAYLOR: If they don't have expertise in that division level. I mean, Mr. Carnell doesn't run what Dr. Yilmaz runs and vice versa. November 14, 2017 Page 207 COMMISSIONER SOLIS: Right; exactly, exactly. So I just -- I just don't know that -- I think maybe when the county was smaller and a little simpler in a prior age -- sorry -- that maybe it made sense. Anyway, I'm sorry. COMMISSIONER McDANIEL: It's okay. COMMISSIONER SOLIS: Commissioner McDaniel, sorry. I keep using up your time. COMMISSIONER McDANIEL: No, no, no. I am the one that brought this issue forward, and I would like to start at the beginning and not suggest that Collier County is broken, okay. That's an important thing for us to understand. This is not a suggestion that we're broken. I personally served on two different advisory committees to this board that received little to no credence for the time that those voluntary committees served and gave advice to the Board of County Commissioners in my last 10 years or so of being around. I would like to incentivize our community to participate in our government sector. There's no rush. There's no specific department that's failing or anything along those lines, Commissioner Solis. This is -- this is, in my mind, an avenue for us to solicit learned members of our community. We have an inordinate amount of wealth from a mental capacity of retirees and members of our community from, Commissioner Taylor, billion-dollars-plus companies and the like that could offer us advice not necessarily having expertise in one department or another. This -- my rationale here was to -- and, again, when I went through the line items in the executive summary that's brought before us today, those are all just my changes that I made to the original ordinance that created the productivity committee to simplify it, not have it be such a political animal that it ultimately evolved into. And I think it can, there again, be incumbent upon us, because I left the November 14, 2017 Page 208 vice-chair of the board, being the chairman of that committee, to help with giving direction and assistance with what the board ultimately wants to see coming from the committee. My goal with this was to lure back learned members of our community to participate and offer us advice on things that we might could -- that we might be able to do to be a more productive government and better stewards of our taxpayers' money. CHAIRMAN TAYLOR: And I can respect that. I think that's an admirable goal, but I think they do that anyway. I mean, I get emails all the time from folks and take the time to talk to them sometimes, and they give me their ideas. And if -- I'm kind of the gatekeeper here, but if they -- if they are -- sometimes those emails are sent to all of us, and including the County Manager. I've been -- coming from another government entity, I can't tell you how impressed I am with the leadership here, and that's not because I'm sitting here. It's impressive year by year; it just gets better. The hires get better. You know, this organization, there's a huge multi-million-dollar corporation in our community that likes the slogan "moving forward." This government is moving forward. They don't let grass grow underneath their feet, and they're always reaching for a higher level. So, you know, I understand. I'd like to ask you to give yourself another year with this government to see -- before you decide on a productivity committee, because I think as you learn more about the staff and how they do things, I think -- and how they're not adverse to change, which is huge, I think you'll find that they, indeed -- that a productivity committee might end up being just a Finance Committee, which is not what we want at all. Because the proof of the pudding is in the financing, and I think our finances are pretty darn good right now. COMMISSIONER McDANIEL: And, again, I mean, the proof November 14, 2017 Page 209 in the pudding is in the finances, the proof in the pudding, and the other -- the main rationale was to draw upon the community knowledge. When Commissioner Saunders and I and Commissioner Solis were coming through the election cycle last year, I heard it resoundingly that our community would like to see some form of a productivity committee coming back into our government system, and this was -- this was just my way of answering out to the public that I heard speaking on a regular basis. And I don't see the deficit for having this. It's not going to happen quickly. The way the -- with the way the structure of this is is each one of us has to appoint a member, and that has to be ratified by this board, and then there are two at-large members to this committee as well. So from a timing standpoint, we'll be lucky if we have this committee actually established until the later part of the first quarter at the current pace that we're on right now. I don't see the deficit in having it, that's all. COMMISSIONER SOLIS: Let me just -- maybe we can do it a different way. It seems to me that if we just have this committee and say, you know, go out and figure out how to be more efficient, I mean, that is such a vague kind of direction. It seems to me that if there are specific concerns that come up with certain divisions -- COMMISSIONER SAUNDERS: Use your microphone. COMMISSIONER SOLIS: Oh, I'm sorry. I forgot. I've had -- CHAIRMAN TAYLOR: Give him a handheld. COMMISSIONER SOLIS: -- about all I can handle of the chairs. That if there are certain departments or something that comes up that we have concerns about and we hear that from the public, we hear it from staff, whatever, I mean, we could appoint an ad hoc committee of some kind for a specific function. You know, go look at Dr. Yilmaz's department. I'm going to see if he looks up at me. November 14, 2017 Page 210 CHAIRMAN TAYLOR: He's smiling. COMMISSIONER McDANIEL: Commissioner Solis? COMMISSIONER SOLIS: You know, to give it some focus. Because my concern is, without some focus, I mean, it's sort of like my brother, the surgeon, who doesn't go to the doctor because he says, you know, if they're looking, they're finding. COMMISSIONER McDANIEL: Well -- and I really think you could draw that same parallel on a lot of different levels if you operate on the assumption that there is a problem. I learned in the merger of Greater Naples Fire Department and Big Corkscrew, the ad hoc advisory committee that was established by those two boards to facilitate that merger, there were unbelievably bright people. There's a very nice man from Pelican Bay whose name escapes me at the moment. But you should have heard what that fellow had to say to me who was a logistics analyst for a multi-billion-dollar company that had been brought out of his cave in order to express logistical suggestions to enhance the productivity of the North Naples Fire Department. And these are the kind of things that I think that I'm, ultimately -- that was the rationale that I brought this initiative forward so that -- because we have an untapped, underutilized wealth of knowledge within our community, and for us to sit here and say everything's all well and good, Madam Chair, is -- CHAIRMAN TAYLOR: I'm not saying that. COMMISSIONER McDANIEL: Well -- and nor am I. CHAIRMAN TAYLOR: I'm not saying that. COMMISSIONER McDANIEL: And I'm not -- by the same token, I'm not saying that anything is necessarily broke. I don't think we lose by exploring this and tapping that wealth of knowledge that we have within our community, so... COMMISSIONER SOLIS: Well -- and I like your example of the fire district. But that -- I think that kind of goes to the point that November 14, 2017 Page 211 I'm making is, okay, there was a -- it's fire fighting. COMMISSIONER McDANIEL: It's logistics. We could have the same discussion with facilities. We could have the same discussion with Dr. Yilmaz's department. We could have the same discussion with Steve Carnell's department. COMMISSIONER SOLIS: Right. But that's what I'm saying. So are we going to create a committee, and they're just going to decide where to go and what department to start with? I'm just saying -- I'm not saying this isn't needed or that -- I mean, because I think being efficient is always -- and being more efficient is what we're here to do. I'm just concerned with creating a committee that says, okay, you know, figure out ways to be more efficient in a county government that has over 50 divisions. CHAIRMAN TAYLOR: How are you -- COMMISSIONER McDANIEL: The longest journey is started with the first step -- COMMISSIONER SOLIS: Well -- COMMISSIONER McDANIEL: -- and that rationale. Just because of it being an enormous task is not any reason to -- is not any reason to pursue it. And my thoughts are -- and, again, I'm not arguing with you. I can understand your thoughts, but it is called the productivity committee for a reason. Madam Chair actually brought up a couple of good points. I mean, most productive -- productivity decisions are made on a financial basis, looking at the financial viability of an organization, and then backing into enhancements of productivity that can ultimately make you more financially stable. So, yes, there is a portion of -- a large element of this that has to do with the overall -- overall financing of an individual department. So there is a large element of this that has to do with finance. November 14, 2017 Page 212 But it's really important because I don't want our staff to be having the perception that I'm thinking necessarily something is broke. So with that I'll make a motion to approve the item as presented. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: I'm going to second the motion. I think all the comments have been very good. Let's go ahead and advertise it, see what kind of public comment we get -- COMMISSIONER McDANIEL: Ah. COMMISSIONER SAUNDERS: -- and, you know, we don't have to approve it. It's just a matter of coming back and having a hearing where the public can come in and say, hey, this is a great idea, this is a bad idea. Maybe even the manager will weigh in on it in terms of -- COMMISSIONER McDANIEL: He's not going to. COMMISSIONER SAUNDERS: But I think it's worth advertising and at least having the conversation. I know we've had a bit of a conversation tonight, but it's a bit late, and I think we're all kind of weary and probably not at our top best, so I'm going to second the motion. CHAIRMAN TAYLOR: Okay. There's a motion on the floor, a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? Aye, for the reasons stated. Item #11D November 14, 2017 Page 213 ACCEPTING THE LATEST TERMS NEGOTIATED BY THE NAPLES CITY MANAGER AND COUNTY MANAGER FOR A RENEWAL OF THE INTERLOCAL AGREEMENT GOVERNING RECIPROCAL USE OF CITY AND COUNTY BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAMS – APPROVED MR. OCHS: Commissioners, that takes us to Item 11D. This is a recommendation to accept the latest terms negotiated by the Naples city manager and myself for renewal of the interlocal agreement governing the reciprocal use of city and county beach parking facilities and Parks and Recreation programs. CHAIRMAN TAYLOR: And, County Manager, the difference between what we refused before and what's coming back before us is $250,000; is that correct? MR. OCHS: Yes. In dollars, yes. The other noteworthy point, I think, for the Board is that the demand for the money in the city's last proposal was effective January 1 of 2018 that money would be forthcoming. The renegotiated proposal is to have a four-year agreement with that one-and-a-half million dollar annual payment beginning October 1 -- excuse me -- of 2018. They wanted the money January 1st. So we're basically going to keep the current agreement in place except we're going to recommend to you that we discontinue the sale of the nonresident beach parking stickers effective this December 1st. Sean, what else am I missing? Everything else is -- MR. CALLAHAN: I think you've got it, sir. MR. OCHS: -- pretty much as we discussed. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: There is one other important aspect. It's $1.5 million a year but there's no escalator. November 14, 2017 Page 214 MR. OCHS: That's correct. COMMISSIONER SAUNDERS: So it will be a set fee for the four years. CHAIRMAN TAYLOR: Well done; well done. COMMISSIONER McDANIEL: And there is a revenue component that travels along with that for both the city and the county for the nonresident passes. MR. OCHS: Yes. For us we're hopeful, sir, that it will offset the revenue we were getting in the sale of nonresident stickers. For the city, I think it's a substantial amount of new revenue. COMMISSIONER SOLIS: Let me just ask a question because suddenly I've gotten a rash of emails. CHAIRMAN TAYLOR: That's because you're in the north end. COMMISSIONER SOLIS: Right. And, you know, I've been getting emails from Lee County residents as to why -- you know, why are you doing this? And those, unfortunately, you know -- you live in, so I'm sorry. But I think one of the -- and this may be an unintended consequence is what about all of the people that rent for the season in Collier County? For example, in Naples Park and Vanderbilt and, you know, these are people maybe that have been coming down that are rent -- that rent every season, and now they're not going to be able to get a beach parking pass. And so it's going to be $8 a day for them. I don't -- you know, I hadn't really even thought of that. Are we addressing that somehow? COMMISSIONER SAUNDERS: That's a very good point, but we don't have any choice in this. The city has said we're going to end the nonresident -- when I say "we," the city has said the city's going to end the nonresident passes. So we have no ability to impact that. I mean, we could reject the offer and not have any beach parking program at all, but on the nonresidents' parking stickers, the city has been adamant that they're not going to extend that. November 14, 2017 Page 215 MR. OCHS: I think that's essentially their principal demand, sir. COMMISSIONER McDANIEL: Could we offer a discounted price for those that supply a temporary lease or anything along those lines? COMMISSIONER SOLIS: What if somebody's on a -- got, you know, a three-year lease or something? I mean -- COMMISSIONER McDANIEL: Who's talking -- you know, I got an email from one of our -- from one of our part-time residents that comes here and rents, like you just -- like you just said, and -- COMMISSIONER SOLIS: Could we do something in the unincorporated area for -- I mean, I'm just throwing this out there because I honestly had not thought about this till recently. COMMISSIONER FIALA: Well, I would just add a little something. They already collect -- right off the top of all of taxpayers in Collier County, they already collect CRA dollars to help rid them of slum, blight, and crime, and that was enacted back in the early '90s. They just extended that, not asking anyone at all. They extended that for another 30 years. So they're getting well over $2 million a year off of stuff that nobody even checks to find out if they're legally receiving that dollars, and nobody complains. But they never say thanks for all of you taxpayers giving us over $2 million in CRA dollars. So I'll just throw that on the table. Interesting, isn't it? COMMISSIONER SOLIS: Well, I'm -- COMMISSIONER McDANIEL: I don't see -- I don't see the correlation. COMMISSIONER SOLIS: Frankly, I'm confused. COMMISSIONER McDANIEL: Who's "they" receiving those monies? COMMISSIONER FIALA: The City of Naples. COMMISSIONER SOLIS: Oh, the city. Okay. COMMISSIONER FIALA: I'm sorry, the City of Naples. November 14, 2017 Page 216 COMMISSIONER SOLIS: No, I lost something. CHAIRMAN TAYLOR: So can we make an agreement, the county, in the unincorporated area that won't trigger this renegotiation again, sir? MR. OCHS: No. They've put in the contract this time that one of the elements of the contract is no sale of nonresident stickers by either the city or the county. COMMISSIONER McDANIEL: Period, the end. COMMISSIONER SAUNDERS: No, we could sell nonresident stickers for use in county facilities. CHAIRMAN TAYLOR: Nope. COMMISSIONER FIALA: No? COMMISSIONER SAUNDERS: Sure, we could. We just can't sell those to be used in the city facilities. MR. OCHS: Yes, sir. What we did -- we didn't differentiate in the actual sticker that was issued for a non-county -- excuse me, a non- county resident or a county resident. So the city would have no way to differentiate if someone parked. So we'd have to get a different -- COMMISSIONER McDANIEL: Sticker. MR. OCHS: -- sticker for the nonresident so that if they parked in the city, the city could easily, you know, enforce that. COMMISSIONER McDANIEL: And they'd have to be informed when they bought that sticker that they can't -- they don't have free parking inside the city limits. MR. OCHS: Yeah. So all right. That's a possibility. COMMISSIONER SOLIS: I'm not trying to upset the apple cart, but I just -- this is something that's -- I've gotten a number of emails in the last day about this, and it occurred to me that it's just -- I mean, I can understand not -- I can understand the issue, but I don't know that I had thought this, you know, rental -- MR. OCHS: I, frankly, don't think the city relishes the idea of November 14, 2017 Page 217 issuing a bunch of -- COMMISSIONER McDANIEL: Separate -- COMMISSIONER SOLIS: Well, wait a minute. Maybe I'm -- wait a minute. Maybe I'm making a mountain out of nothing. To get a beach parking pass, you don't have to be -- you don't have to be a landowner. You can be -- MR. CALLAHAN: That's correct, Commissioner. You have to have a driver's license and registration here in Collier County. You don't actually -- COMMISSIONER SOLIS: Okay. I'm sorry. I'm sorry. CHAIRMAN TAYLOR: So you're hearing from the Airbnb folks? COMMISSIONER McDANIEL: Yes. COMMISSIONER SOLIS: Well, it could be; that could be. I was hearing from -- well, actually, tenants that were saying we're not residents, but they could go get a parking pass, right? If they have a lease or they have a utility bill or something and a driver's license, they can't go get a -- MR. CALLAHAN: They would have to have a driver's license and car registration that showed residency here in Collier County. COMMISSIONER SOLIS: Right. MR. CALLAHAN: They wouldn't have to own land, but they would have to have that driver's license and registration. COMMISSIONER SOLIS: Right. I mean, they would have a driver's license because they rent an apartment somewhere, and they could go get one. MR. CALLAHAN: If they have a Florida Driver's License that shows residence in the county -- COMMISSIONER SOLIS: Right. A Collier County -- they have a Collier County address on their driver's license, they can get one. It doesn't matter if they own the place or not. November 14, 2017 Page 218 MR. CALLAHAN: That's correct. COMMISSIONER SOLIS: I apologize for wasting everybody's time. COMMISSIONER McDANIEL: There's no waste. You brought up a really good point, and I think you were on point. And I don't necessarily think this is a -- we're overcoming the actual issue that I perceived that you were bringing up and -- because what Sean just got done saying is that you have a part-time resident that rents for a couple of months out of the year, three months, four months, whatever that is, a short-term rental, they are not going to go get a Florida license with a local address in order to facilitate the free beach parking pass, and they aren't going to have a registration for the vehicle. It's still going to be registered to whatever state it is that they came here from, so we're still -- COMMISSIONER SOLIS: Staying in Naples for the seasonal tenants just got more expensive. COMMISSIONER McDANIEL: Correct. CHAIRMAN TAYLOR: That's all. COMMISSIONER McDANIEL: Correct. And I think maybe, you know, what we could do, just to -- I'm all in favor of moving this forward and accepting the agreement -- is have a look at it at the end of the year just to see what the -- maybe we do need to develop our own sticker for our unincorporated part-time residents and charge a reduced fee outside of the limits of the city. I know it's a little bit more administrative work, but that's something that we could have a look at, even for our northern -- because, again, Commissioner Solis, I've gotten several emails from folks from out of county, Lee County, and Bonita that regularly use our beaches that aren't thrilled about not being able to get a pass, so... CHAIRMAN TAYLOR: Okay. Is there a motion? Was -- I don't think there is a motion. November 14, 2017 Page 219 COMMISSIONER SOLIS: Well, I'll make a motion to approve -- COMMISSIONER SAUNDERS: I'll second. COMMISSIONER SOLIS: -- the agreement as read. CHAIRMAN TAYLOR: Second. A motion and a second to approve the agreement as outlined in the executive summary. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MR. OCHS: Thank you, Commissioners. Item #11E AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,943,585.04 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC. FOR INVITATION TO BID NO. 17-7201 CITY GATE BOULEVARD NORTH EXTENSION, PHASE 3. (PROJECT NOS. 60129 AND 50110) – APPROVED MR. OCHS: That takes us to 11E. This is a recommendation to award a construction contract in the amount of $1,943,585.04 to Mitchell & Stark Construction for the Golden Gate -- excuse me -- City Gate Boulevard north extension project, and Mr. Ahmad is November 14, 2017 Page 220 available to make a presentation or answer questions or take a motion. COMMISSIONER SOLIS: How about a motion to approve instead. COMMISSIONER McDANIEL: And a second. CHAIRMAN TAYLOR: Okay. There's a motion and a second. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Thank you. MR. AHMAD: Thank you so much. CHAIRMAN TAYLOR: It carries unanimously. Thank you for your patience with us today. MR. OCHS: Thank you, Jay. Item #11F REAFFIRMING STAFF ADMINISTRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ADMINISTRATIVE AND MINISTERIAL, ADOPT A $30,000 CASH ASSET LIMIT FOR APPLICANT HOUSEHOLDS, AND DIRECT STAFF TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) ACCORDINGLY – APPROVED MR. OCHS: Commissioners, that moves us to Item 11F. This November 14, 2017 Page 221 was previously Item 16D25 on your consent agenda, moved to the regular agenda at Commissioner McDaniel's request. This is a recommendation to reaffirm the staff administration of the SHIP program as administrative and ministerial and adopt a $30,000 cash asset limit for applicant households. Ms. Grant will present. MS. GRANT: Commissioners, good afternoon. Kim Grant, Director of Community and Human Services. I would just like to briefly explain the rationale behind the $30,000. First, as you are aware, as a participating jurisdiction, we have or you have authority over whether you set an asset limit or not. We have not had one in our community up to this point, but you do have the authority to set one. Since we did not have one, we started our evaluation process by looking at what other jurisdictions do. And as we reported in the executive summary, about half the jurisdictions do have a cash asset limit and about half do not. We actually had a typo in the executive summary: 35 percent have a limit of less than 10,000, not 15 percent; 41 percent have between 10- and 30,000; and 24 percent of those who do have a limit have more than 30,000. So one factor informing us was that between 10- and 30,000 kind of seemed to be the sweet spot, and under 30,000 were 76 percent of the jurisdictions. The next thing we did was look at our own experience, and at the time we originally brought this forth, we took a look at the previous 20 closings in this program and looked at the total assets of the people applying, and only one family had over $30,000. They had assets before the transaction of $51,000. So if we were to set a limit at 30,000 based on that sample, we would have potentially one person that not quality or, depending on the November 14, 2017 Page 222 exact dollars, perhaps they would have qualified. The third thing we did was we looked at the recognition of what we're trying to do here. We're trying to put people in homes. That's the objective of the program. And, like all of us who enter homeownership, we need to have funds available to us for home repairs, and we also need funds available to us for things in life: College for the kids, saving for retirement, et cetera. So we did not think it was prudent to recommend an extremely low asset cap because you take a lot of people out of the equation, and you leave people with very little liquid funds going into homeownership. Those are the three elements that caused us to recommend $30,000. We also recommend that the dollar asset limit that's set, 30,000, or if you change the amount today, which you have the authority to do, you're welcome to, is after the closing transaction. So if someone has $50,000 liquid assets but they're planning to put $30,000 for down payment, we would look at the cash asset after the transaction. And, finally, Commissioners, since this was originally presented, we've had the experience of dealing with applicants after Hurricane Irma, and we have discovered that, in particular, a number of seniors may have 50-, $100,000 liquid cash, but they have had un-reimbursable expenses, and these people have cash that they plan to live on. So we are adding something from our recommendation in June which is to exempt a cash asset limit for applications related to hurricane recovery. So I just wanted to give you a brief on the rationale as to why we have presented what we have presented, and I'd be happy to take any questions. CHAIRMAN TAYLOR: Okay. Any questions? COMMISSIONER FIALA: Who pulled it? November 14, 2017 Page 223 COMMISSIONER McDANIEL: I'm the one that pulled it, and I wanted to have a discussion about this because -- just because. I know that the lending institutions, institutional lenders, have criterion for requisites of down payment and creditworthiness and money in the bank and the like, and I also know -- and I actually wanted to hear you delineate again, if you would, please -- I think you just briefly mentioned it -- but what I want to ensure is that these SHIP and LAP funds end up going to folks that are truly in need. And we don't have the prior circumstances where we weren't looking at anything over on the asset column. I'm a little concerned about your last statement with regard to -- specifically with regard to Hurricane Irma. I could see an exemption for our aged population that has a different asset base and a level of income that would allow them to qualify for this in a different manner, an exemption for that group in totality, not just because of Irma specifically. But I wanted to ensure that the majority of these funds were getting to the people that really, in fact, had a need. And I was more concerned about a minimum amount of assets there to securitize the transaction and make sure they had six months worth of mortgage payments or some kind of capital available to be able to support them after they actually made the acquisition than I was as much about the upper limits. And that's -- if you could please just repeat for me the percentage-wise. Because you've got -- I think, if I recall, there are percentages based upon the percentage of AMI earnings that you're relegated to push this money towards. MS. GRANT: That's correct. COMMISSIONER McDANIEL: Say that again. MS. GRANT: The program requires that 60 percent of the funds. So if we take a million dollars, 600,000 has to be used to assist November 14, 2017 Page 224 low-income households, which are persons earning less than 50 percent of the AMI. COMMISSIONER McDANIEL: Which is what? MS. GRANT: Not persons; households -- COMMISSIONER McDANIEL: Which is 63,800. MS. GRANT: -- which is, at 50 percent, 31,400. So 60 percent of the funds need to be spent on a family of three earning 31,400. Half of that needs to be spent on very low income. Did I just say that wrong? Is it 80 and 50? Pardon me. Let me back up. Low income are those people who are AMI less than 80 percent, and that income is 50,240. COMMISSIONER McDANIEL: Okay. MS. GRANT: And half of the 60 percent, so 300,000 in the million example needs to be used on persons earning less than 50 percent, which is the 31,400. I keep saying "persons"; households. The other 40 percent -- 10 percent goes to admin, so that leaves you 30 percent, and that can be used per our LHAP for families earning up to 120 percent, and the dollar amount there is 75,360. COMMISSIONER McDANIEL: I'll move for approval. CHAIRMAN TAYLOR: Second. Any discussion? COMMISSIONER FIALA: Yeah. I'll just point out on the record that, you know, I and my children never had anybody helping us. We had to save our own money until we could put the money down. It's nice that these people can get $30,000 and still have $30,000 in the bank, yet they could buy a house for $1,000 down and some sweat equity and it's theirs. It's not like they would have to do without a house. And I just -- it just hits me wrong. COMMISSIONER McDANIEL: Me, too. I mean -- and for purposes of discussion, there again, you're not that far off generationally for those of us that had to -- didn't have this type of an November 14, 2017 Page 225 opportunity for down payment assistance. I think I bought my first home in the early '80s and, you know, we had a program for first-time homebuyers for PMI insurance assistance and those sort of things that were generated through the county just to allow first-time home purchasers an opportunity to get into the marketplace, but something like this wasn't even there, so... COMMISSIONER FIALA: You know, there's a certain amount of pride that anyone gets when you've saved enough money to put your down payment on your house. I mean, there's -- and then you feel like, man, I have worked so hard, and I've earned this all on my own. There's a certain feeling of pride that people who are just given this probably will never feel but -- I don't agree with it so, of course, I can't vote for that, because I think it's way over done. And, by the way, these people aren't even -- well, I'll skip that. I just feel that they know that the money's there and ready to be doled out and they know how to get it, so we're going to give it to them. CHAIRMAN TAYLOR: Any other discussion? (No response.) CHAIRMAN TAYLOR: There's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: It carries 4-1. Item #11G FUNDING A TOURISM DIVISION SPONSORSHIP FOR A POST November 14, 2017 Page 226 HURRICANE IRMA CONCERT EVENT IN THE DOWNTOWN NAPLES AREA UP TO $125,000, MOVE THESE FUNDS TO THE COMMUNITY FOUNDATION FOR EVENT EXPENSE DISBURSEMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM - MOTION TO APPROVE W/WAIVER OF THE PROCUREMENT ORDINANCE IN REGARDS TO SOLICITING MCQUAID AND COMPANY – APPROVED MR. OCHS: Commissioners, that takes us to Item 11G. That was an add-on item at the staff's request to seek approval of a recommendation to fund a tourism division sponsorship for a Community Foundation post-Hurricane Irma concert event in Downtown Naples of up to $125,000, approve and authorize the Chair to sign a memorandum of understanding with the Community Foundation, and make a finding that this item promotes tourism. And I know Mr. Wert has been working on a few thoughtful amendments to this -- MR. WERT: Yes, that's correct. MR. OCHS: -- item during the day. So I'll ask him to go over the details. MR. WERT: Thank you, County Manager. Good afternoon, Jack Wert, your Tourism Director, for the record. This concert that we have been talking about December the 9th, Saturday night, is getting into its final stages, but what we want to do now is put into an agreement all of the terms and conditions. And we've been going through a number of changes yet today. We had provided, right after lunch, a revised version of the MOU and also the executive summary. Since then we've had to make a couple of additional changes in talking to the Community Foundation, which is our partner to take the November 14, 2017 Page 227 proceeds and also the contributions to the most needy folks in our community as a result of Hurricane Irma. They asked for a couple of additional changes, so we've had to make those changes since. So if I might, let me go ahead and distribute those. I just got them. COMMISSIONER McDANIEL: I think I've got two copies so far. MR. WERT: I'm going to give you -- you can disregard what you've got. Yes, do that, and I'll give you new stuff. COMMISSIONER SOLIS: Is there going to be a disclosure of who it is? CHAIRMAN TAYLOR: Not yet. COMMISSIONER SOLIS: Not yet? CHAIRMAN TAYLOR: No, we've got to pay them first, and then we'll do it. MR. WERT: Okay. So that's -- let's, first of all, talk about the executive summary, because that is the mechanism that we are requesting approval from all of you to move $125,000 from our tourism -- tourist tax reserve funds, moving to the Community Foundation to help us in the processing of funds. These funds -- that $125,000 would be used for the operating costs of this concert, and those are outlined in the budget that's attached. Those are the -- and I will just ask you -- this was a last-minute change. That total should be $175,000, and it's because we had to add $1,000 in there for the insurance up under the operating. So that becomes $1,500 instead of 500, and that raises the total cost, then, to 175,000. That's our best estimate at this point of what the various operating costs would be, the entertainment costs, the promotion of the event, and event staff cost. And we're very pleased that -- and part of this executive summary November 14, 2017 Page 228 that I'm going to do next, we'll actually acknowledge those waiver of the EMS cost by Collier County EMS, and then the -- our security cost from the Seminole County Sheriff's Department who has agreed to waive their fees and actually donate their fees. So that's the overall purpose of the executive summary. It goes through the fact that we will also issue a purchase order to McQuaid & Company, who is the production company, up to 15,500. That's going to cover some costs that they will be incurring directly for the cash management of the ticket sales and that type of thing and insurance, those types of issues. The balance of those will be then paid -- of the operating expenses will be paid by the Community Foundation from our sponsorship dollars of actually now 109,500 is what would be going to them. So that's the executive summary. The memorandum of understanding, which is up on the screen now, the whereases have just been changed slightly to reflect the fact that McQuaid & Company is the production company and that the Community Foundation's role is really just in paying bills of the operating expenses and then managing all of the contributions that will come from the citizens and the attendees at the event, which would, then, be managed by them totally to send to those most needy unfunded needs that we still have in the community as a result of Hurricane Irma. CHAIRMAN TAYLOR: In tandem with in the United Way? MR. WERT: Yes, absolutely. That Irma Relief Fund is a joint effort with the Community Foundation and the United Way of Collier County. So, jointly, they will make those decisions where those dollars -- the charitable donations would go. CHAIRMAN TAYLOR: Commissioner Saunders? MR. WERT: So a little bit confusing, but maybe I can answer questions. November 14, 2017 Page 229 COMMISSIONER SAUNDERS: Yeah. I've got a couple questions. I'll tell you, I'm a little concerned. This sounds really great. It's going to be a fun night. It's going to be a fun concert, but I'm not so sure we should be using tourist taxes for this, and I need to get a little bit of a foundation for supporting this. Generally, we try to create opportunity for room nights. I don't know if there's been any estimation as to who's going to come to this. Are we going to get a lot of -- two questions. Are we going to get out-of-town visitors staying in our hotels and, number two, are we going to get some kind of TV coverage, some national coverage? And if we can't have a positive answer to those two questions, then I have a concern. MR. WERT: Okay. To answer the first part of the question, we will be promoting this event out of the area so around Florida, around the nation, really, using digital advertising and social media to really push this. Our community is open and ready for business. Come on down and celebrate with us for this event. So that's the mechanism we'll use to attract out-of-the-area folks to come and stay in hotels. Certainly a lot of locals will come as well, and we understand that. So our funding is really only a portion of what we need to put on the event. We anticipate the $125,000 is our contribution for that promotion, and tourist tax dollars can be used for entertainment and those types of expenses if it's part of an event. And the purpose, then, is to bring people back to the community. So it really is a tourism promotion effort. We certainly want you to suggest, as part of the recommendation, that it does promote tourism, that the event does that, and that the promotion we'll use outside of the area will be our mechanism to bring folks into the community. COMMISSIONER SAUNDERS: There'll be -- obviously, there'll be an additional promotion cost. November 14, 2017 Page 230 MR. WERT: Above and beyond this, we would be doing that out of our -- and some of that is our hurricane relief money that you allocated to us earlier. We had $175,000 from our -- to our advertising agency to help after Irma advertising. This -- those dollars will come out of that. We'll also use some of the 75,000 that we allocated to our public relations firm in New York to help us on the promotion side. COMMISSIONER SAUNDERS: What kind of estimated cost do you have for all of that portion of this? MR. WERT: Right now it's $7,500 for the social media; $7,500 we'll also be using regionally because we've been talking to Waterman Broadcasting, and they're interested in being our local media sponsor. So we will put some -- $7,500 toward some spots in the region, and they will match that in more promotions. So we'll have quite a bit of regional promotion as well. COMMISSIONER SAUNDERS: As well as? MR. WERT: As well as the out of market -- in our feeder markets, like the Palm Beaches, Miami, Orlando, Clearwater, St. Pete and -- let's see. Sarasota would be also areas that we'll be doing that social and digital media. COMMISSIONER SAUNDERS: Madam Chair, I think, you know, obviously, this is going to be a nice event. I'm just not 100 percent sure that we should be spending tourist taxes on the promotion -- not on the -- on the actual expense side of it. And this is just, obviously, a conversation. I mean, we have -- obviously, we have some major expenses in terms of the beaches and everything, and I'm just wondering if this really is a wise expenditure of the -- was it 125,000? Is that -- MR. WERT: 125- would come from our tourist tax, yes. COMMISSIONER SAUNDERS: I'd like to kind of hear what everybody has to say, because I'm a little troubled by it. And maybe I shouldn't be. November 14, 2017 Page 231 CHAIRMAN TAYLOR: Yeah, I don't think you should be. One out of every six people in the state of Florida is employed by tourism. COMMISSIONER SAUNDERS: Well, that's not -- not the issue. CHAIRMAN TAYLOR: After Hurricane Irma landed -- no. After Hurricane Irma landed, folks that travel were told by people they would meet in Washington, D.C., and Atlanta that, indeed, the eye came to Naples. Naples must be closed. We know right now that that's when folks in the northeast and in the Midwest, they book here. They book for here. They make their plans in advance. So this is a way of announcing to -- nationally, but also, more importantly, within the state of Florida that if the eye of the hurricane came through Naples and we're rocking, think about what the rest of Florida is. This is not just a Naples issue. This is about a message going out that Naples and Florida is open for tourism, which is one of the reasons the Governor's in Toronto and places like that marketing. It's a strong in-tandem marketing effort of our community to make sure that people understand that the beaches are open. Tuesday after the storm I had -- I met with some television network. I took them to the beach. I wanted them to see that those beaches were open, because I know what the rumors are and what -- and they have been, unfortunately, confirmed. It also will bring folks in here -- the concept would be -- and I think Mr. Wert's working on it -- to have hotels offer specials on the weekend to segue it in to come down to Fifth Avenue and enjoy what's on Fifth Avenue after the music is over. We're Naples, right? We don't rock until 1:00 o'clock in the morning. We're going to finish this probably 9:30, 10:00, and it's done. Where are they going to go afterwards? So it is -- it has always -- the genesis of this has always, always been to market Naples. Having the eye and it's open, and we can November 14, 2017 Page 232 function and we can throw a great party, and to have it, indeed, marketed throughout Florida. But the best part is is that the money's going to go to the unmet needs; you know, the net proceeds will go to the unmet needs of the hardest hit hurricane areas: Immokalee, Everglades City, Chokoloskee. COMMISSIONER SAUNDERS: I know how important tourism is to the state of Florida, so I do appreciate the information on that. It's not a question of whether this is a good cause, because it is, obviously. Should we be spending tourist tax dollars for the -- not for the promotion part, but for the actual expenses, or should this come out of our General Fund? CHAIRMAN TAYLOR: Did this not come before the TDC? MR. WERT: Tourist Development Council did review this at their October 23rd meeting, and they did recommend your approval. I believe the vote was 6-1, so it did have that support. I might, Commissioner, just make one other point, and I have an opportunity tomorrow, actually; we have the LPGA event here at Tiburon this week, and I'm going to be cutting a spot tomorrow with the National Television Network to talk about the community is open and so forth, and I'm going to put a plug in for this concert as part of that little talk I'm going to do tomorrow. So that will get national coverage. We'll be on with that message across the nation. CHAIRMAN TAYLOR: Any other discussion? COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: I, as well, had -- I was wondering how this ended up being a walk-on, and that was one of my questions, has the TDC actually reviewed this and/or approved or not and how it ended up having to be a walk-on without coming through the normal process. MR. WERT: The simple answer is it truly has taken up until November 14, 2017 Page 233 virtually yesterday to get all of the permitting, find the acts, acts that were available and so forth to fit our budget. So it really has taken all of that time since we got the recommendation from the TDC to move forward that, you know, we could use -- from their point of view, use these dollars. So it has just taken that long. And I do apologize. I hate last-minute stuff, too, but this really did take all of that time to get it done. COMMISSIONER McDANIEL: That was my other comment, Jack. My other note up here is walk-ins -- walk-ons are not good, especially -- MR. WERT: We don't like those either -- COMMISSIONER McDANIEL: -- especially when I'm having to look at budgetary constraints or budgetary items. I share Commissioner Saunders' concern with the expenditure of the TDT funds on operational expenses. I understand the worthiness of the cause, and I'm really pleased to hear that the excess proceeds are going to go to those that were stricken the worst by Hurricane Irma. I did have a couple of questions with regard to the budget, and it's something for us to maybe talk about at some stage. I know -- you know, first off, I question the $7,500 social media expense. That seems to be inordinately high. From my knowledge, you would develop multiple websites for that amount of money. MR. WERT: Sure. COMMISSIONER McDANIEL: And that seems to be high, personally. I asked about -- I'd like to ask about the headliners, because they're mentioned in here in your -- CHAIRMAN TAYLOR: Can't talk about it. COMMISSIONER McDANIEL: Can't tell? It's a secret? How you going to sell tickets? CHAIRMAN TAYLOR: No. When we -- when we -- MR. WERT: If we have the money, we -- November 14, 2017 Page 234 CHAIRMAN TAYLOR: -- have the money and we can seal the deal, then, believe me, everybody will know. COMMISSIONER McDANIEL: Gotcha. So it's -- CHAIRMAN TAYLOR: It's going to be fun. COMMISSIONER FIALA: How come you know and we don't know? COMMISSIONER McDANIEL: Yeah. Secret keeper. CHAIRMAN TAYLOR: Well, because I'm intimately involved. It's going to be fun. It's going to be so much fun. MR. WERT: Commissioner, on your question about social media, I agree, social media is a very inexpensive way to promote. What we've been having success with lately is Facebook paid posts and doing live Facebook posts, and those you have to pay for. You've got to boost those. So that's what -- (Multiple speakers speaking.) COMMISSIONER McDANIEL: That's a lot of boosting. MR. WERT: Well, if you're going national, no, that's not true. It's how big an area you want. And so we -- again, these are estimated costs. I'm pretty frugal when it comes to the tourism budget. So we will only pay out what we actually feel we have to, so we'll manage that, yes, ma'am. COMMISSIONER FIALA: You're pretty frugal, but that TDC, they hold it and guard it with their lives. And when they -- after they all discussed it and they felt it was a good idea -- and they don't let loose of those strings very easily, then I felt -- I didn't participate in that. I just wanted to hear what they had to say, and so I went along with it and voted with them; just add that to this little conversation. COMMISSIONER McDANIEL: Well, thank you. Because I was going to ask you, aren't you the Chair of the TDC. COMMISSIONER FIALA: Yes. But I don't know who their -- November 14, 2017 Page 235 who the entertainment is or anything. CHAIRMAN TAYLOR: We didn't know then. We didn't know. This is -- COMMISSIONER McDANIEL: And the only other question I had, Jack, was what happens if we don't fund this, if this isn't funded out of TD -- is the Community Foundation going to fund these expenses as well? MR. WERT: No. They would only receive our funding and receive other sponsorship dollars and pay out then the operating expenses. COMMISSIONER McDANIEL: So if we don't approve this, this event does not occur? MR. WERT: That's really true; yes, that's correct. COMMISSIONER SAUNDERS: Madam Chair, I'm going to support the expenditure, because to do otherwise at this point is sort of pulling the rug out from a lot of folks. COMMISSIONER McDANIEL: Boy, oh, boy. COMMISSIONER SAUNDERS: But it raises a serious concern in terms of how we're spending our TDC funds. And I understand all the advertising and understand the need to get the word out that Collier County's open for business, and we're doing that. But now we're talking about supporting a specific event. I think the more appropriate source of funds for something like this would be our General Fund, because we're making a contribution to people that were hurt in the hurricane. And so at some point I'm going to want to start taking a look at some of -- you know, how we're spending those dollars, because I am concerned. I just think that this is a -- CHAIRMAN TAYLOR: One of the best things about having the Community Foundation as the umbrella financial -- and I have to be very careful of my words. But, you know, Community Foundation is November 14, 2017 Page 236 -- they're totally transparent. And one of the best things, this is a community effort, and the Foundation is not taking any fees. Usually there's an administrative fee with the Community Foundation. They have waived that. The Sheriff has waived -- COMMISSIONER McDANIEL: I'll second the motion. CHAIRMAN TAYLOR: Okay, good. All right. MR. KLATZKOW: Before you vote, I've got to get this on. There's a typo in your fiscal impact, Jack. MR. WERT: Okay. MR. KLATZKOW: The cost for McQuaid is 15,500? MR. WERT: 15,500, yes. MR. KLATZKOW: Okay. Now, which brings up the purchasing issue, because at that level normally you'd have to solicit it. So I'm going to have to ask the Board, as part of your motion, to waive that provision in your purchasing ordinance. CHAIRMAN TAYLOR: All right. Okay. COMMISSIONER McDANIEL: Even though we made the contribution to the Community Foundation and all contracts and everything with regard to the event? I know they delineated it in here, but it's almost superfluous information. MR. KLATZKOW: No. The issue is the payment to McQuaid. COMMISSIONER McDANIEL: I understand that. CHAIRMAN TAYLOR: Production company. COMMISSIONER McDANIEL: Isn't the community -- the Community Foundation's going to do that with this bequeath from us? COMMISSIONER SAUNDERS: No, we're making the check directly to them. CHAIRMAN TAYLOR: Okay. Who made the motion? COMMISSIONER McDANIEL: Commissioner Saunders made the motion. COMMISSIONER SAUNDERS: No. I didn't make the motion. November 14, 2017 Page 237 I'm going to support the motion -- CHAIRMAN TAYLOR: Oh, okay. COMMISSIONER SAUNDERS: -- because of the lateness of this, but... COMMISSIONER SOLIS: I'll make a motion that we approve the expenditure for the Naples rocking concert and that we waive the ordinance for purposes of the payment to McQuaid & Company -- MR. KLATZKOW: Yes. Waive the requirement of soliciting. COMMISSIONER SOLIS: -- for soliciting the bids for those services and that we pay McQuaid & Company the $15,500. COMMISSIONER McDANIEL: I'll second it for discussion. But I just -- I just would like to -- if I may discuss. And that is, if the Community Foundation is the organizing entity and they operate -- CHAIRMAN TAYLOR: They're not. MR. WERT: They aren't. COMMISSIONER SOLIS: They just handle the money. COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: They're not the organizing. COMMISSIONER McDANIEL: Right. MR. WERT: McQuaid is really the organizing production company. COMMISSIONER McDANIEL: Okay. Why is the Community Foundation, who apparently is going to pay these other undisclosed vendors and fees that travel along with this operation, why are they not just accepting our $125,000 contribution for this event and taking care of this and not put -- I don't feel comfortable in waiving the ordinance for procurement. CHAIRMAN TAYLOR: We've already done it on the consent agenda for another item today. COMMISSIONER McDANIEL: That was on the -- that had to do with our EMS, wasn't it? November 14, 2017 Page 238 CHAIRMAN TAYLOR: Uh-uh. COMMISSIONER McDANIEL: Which one was that? I don't even remember now. I don't remember waiving. CHAIRMAN TAYLOR: It had to do with -- Metro -- okay. 16A16, which is Metro Forecasting Models determining growth. COMMISSIONER McDANIEL: Oh, that was for the model. That's right. I'll second. CHAIRMAN TAYLOR: The Community Foundation doesn't have the capability nor the expertise to be a production company. McQuaid & Associates does. So they have graciously agreed to pay the bills, receive the money, and then to distribute money. And it was recommended by Mr. Summers. When I went to him I said, who best -- how do we -- you know, we're going to -- we want money -- we want to support the hardest hit areas. How do we do this? He said Community Foundation/United Way, hardest hit areas, unmet needs. Those were his words. COMMISSIONER FIALA: So who's actually putting this thing together then? It sounds like you are working -- CHAIRMAN TAYLOR: McQuaid. I'm working with McQuaid & Associates. COMMISSIONER FIALA: Yeah, but did they come to you, or who went to McQuaid? CHAIRMAN TAYLOR: I went to them. COMMISSIONER FIALA: Okay. So then who are you working with in order to go to McQuaid? I mean, what -- CHAIRMAN TAYLOR: Who am I working -- COMMISSIONER FIALA: -- prompted this idea? CHAIRMAN TAYLOR: Right after the hurricane the Governor called me. He said, Penny, one out of every six -- one out of every six people in the state of Florida is employed by tourism. We need to get our tourists back. Send me a plan. November 14, 2017 Page 239 COMMISSIONER FIALA: Oh, okay. So I knew that there had to be something more than just McQuaid. Okay. CHAIRMAN TAYLOR: Oh, yeah. This came kind of, what I call, from on high. This was, get tourism going, get tourism going. And then I start asking people, and I hear that, oh, Naples it closed. You know, the beaches are closed; they're bad. When people are traveling, they're coming back and -- because I'm specifically asking people. It can't be -- we can't have that going around, but it is. So that's what happened. That's the genesis of it. COMMISSIONER FIALA: I won't ask any questions now. I just had to know where it all came from. CHAIRMAN TAYLOR: No, you can ask questions. COMMISSIONER FIALA: I don't want to ask any more. CHAIRMAN TAYLOR: All right. There's a motion on the floor. Did you second it, sir? COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Okay. Motion. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. COMMISSIONER SAUNDERS: Commissioner McDaniel, on the waiver of the bidding that was on the consent agenda, that was the finding that that was a single-source provider? COMMISSIONER McDANIEL: Right. November 14, 2017 Page 240 COMMISSIONER SAUNDERS: And so it's not uncommon to waive competitive bidding when there's a single source. So that's the difference between that and what we just did. COMMISSIONER McDANIEL: Thank you for that distinguishment. Item #11H WAIVING EMS SPECIAL EVENT USER FEES IN THE AMOUNT OF $900.00 TO PROVIDE DEDICATED AMBULANCE COVERAGE FOR THE “NAPLES IS ROCKIN’ CONCERT” BEING HELD TO INFORM THE PUBLIC THAT COLLIER COUNTY IS OPEN FOR BUSINESS AND ENCOURAGING TOURISM AFTER HURRICANE IRMA, AND TO FIND A PUBLIC PURPOSE IN WAIVING SUCH FEES – APPROVED MR. OCHS: Commissioners, that takes us to 11H, and that's a related item. It's a recommendation to waive the EMS special event user fees in the amount of $900. COMMISSIONER SAUNDERS: Move to approve. COMMISSIONER SOLIS: Second. COMMISSIONER FIALA: Second. CHAIRMAN TAYLOR: Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. November 14, 2017 Page 241 CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Item #11I AWARDING RFP #17-7120 FOR TOURISM MIDWEST SALES REPRESENTATION TO SYNERGY-CONNECT, LLC, EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACT IN THE AMOUNT OF $81,500 AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – APPROVED MR. OCHS: 11I is an item that was moved from the consent agenda at Commissioner Taylor's request. This is a recommendation to award RFP #17-7120 for Tourism Midwest Sales' representation to Synergy Connect, LLC. CHAIRMAN TAYLOR: And I'll -- Mr. Wert, I'm glad you're there. There's just -- and I read what you wrote, and I understand it, but I thought that Debbie DeBenedetto is our Midwest salesperson. MR. WERT: No. Actually, Debbie is our staff group sales -- CHAIRMAN TAYLOR: Okay. MR. WERT: -- director for our division. CHAIRMAN TAYLOR: Okay. MR. WERT: And this position would be a contracted position in the Midwest to assist her in getting more business from the Midwest. CHAIRMAN TAYLOR: Okay. And so my concern was that they're a startup. Now, I understand that there's some experience, but it is a startup company. Is it possible -- and I'm asking, and I don't -- I'm not sure that it is. But is it possible to go to places like the Ritz and the Marriott -- because we know that their group is their -- the heart of their business. November 14, 2017 Page 242 We know that that's very important to them -- to get recommendations of soliciting again and maybe actually notifying certain areas or certain entities of that, because it's extraordinary that only one responded. That's what caught my eye. MR. WERT: I'm going to ask Debbie to come up and talk about that -- CHAIRMAN TAYLOR: Okay. MR. WERT: -- but where this really started was the hotels salespeople said, we need more help in the Midwest. We need more leads from that area. We suggest that the Convention and Visitors Bureau contract with someone in the Midwest to do that. I think the quick answer is, if you sent out -- if you asked the hotels, they're going to give you certain -- we did that, and we actually -- and Debbie reached out to a lot of people, and we advertised on certain websites where these kind of folks, you know, read ads and so forth. None of that seemed to worked. We actually extended this twice to give more people time. CHAIRMAN TAYLOR: And I read that. I was just -- MR. WERT: And so when this -- when we finally saw this bid -- Debbie knows these folks very well, and she's met them, knows their reputation. They have a good database of people. So, Debbie, do you want to add to -- oh, I'm sorry. She's on the other side. MS. DeBENEDETTO: Debbie DeBenedetto, for the record, Tourism Sales and Marketing Manager. And, yes, I am the only group sales manager for the entire tourism office, so I handle the world but, basically, it's national. So I do need some help. And this particular Midwest rep, we wanted somebody that was in the location where our business, you know -- there's a lot of business there, somebody that could be there so they wouldn't have the travel November 14, 2017 Page 243 expenses going back and forth, who's a local member of the MPIs and the sites and those kinds of things. So this company is that. All of these -- the three ladies that run this company, they've all had experience in this market, worked with the market very, very closely. So I'm really pleased with the result we got. The RFP process with the county is very complicated. CHAIRMAN TAYLOR: Yes. MS. DeBENEDETTO: So while I got a lot of people sending me resumes and that sort of thing, they really didn't know how to fulfill the RFP for this. CHAIRMAN TAYLOR: So it's the government aspect? MS. DeBENEDETTO: So it was complicated enough after 11 months of process. This should have been in our 2017 marketing plan. That's what it was intended for. We started it in January. It just took this long to make it happen. So to delay it further would not be a benefit to Collier County tourism. CHAIRMAN TAYLOR: And I don't want to delay it further. Just -- I guess just another question. It's a year lease -- or a year lease -- excuse me -- a year contract? MS. DeBENEDETTO: I think it's a three-year. MR. WERT: Yes. CHAIRMAN TAYLOR: Three-year contract. But you can review it and -- MS. DeBENEDETTO: Absolutely. CHAIRMAN TAYLOR: Fine. Okay. I'm fine with it. I'd like to make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN TAYLOR: Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. November 14, 2017 Page 244 COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. MS. DeBENEDETTO: Thank you. MR. WERT: Thank you, Commissioners, for your support. We really appreciate that. CHAIRMAN TAYLOR: Thank you. Item #11J DIRECTING STAFF TO ADVERTISE, AND BRING BACK FOR A PUBLIC HEARING, AN ORDINANCE TO EXTEND THE TEMPORARY MORATORIUM ON CANNABIS DISPENSING FACILITIES FROM DECEMBER 31, 2017 TO JUNE 30, 2018 – APPROVED MR. OCHS: Commissioners, that takes us to Item 11J that was previously 16A21 on your agenda. This was a recommendation to direct staff to advertise and bring back for a public hearing an ordinance to extend the temporary moratorium on cannabis dispensing facilities from -- excuse me -- from December 31, 2017, to June 30, 2018, and Commissioners Solis and McDaniel wanted to comment on this. COMMISSIONER McDANIEL: I just -- I was going to pass it, but I wanted it to be recorded that I was not in consent of extension of the moratorium. But I understand the rationale behind it, and -- but I November 14, 2017 Page 245 just wanted it noted that I wasn't interested in extending it, so... COMMISSIONER SOLIS: Yeah. I'm not really interested in extending it either. I think the original discussion we had was to extend the moratorium through the end of the year to see if the legislature would clarify what we were -- what we should be doing. I still have a fundamental problem with having a -- it's something that's now a constitutional right under the Florida Constitution that we can opt out of allowing in Collier County. It just doesn't make any sense to me. So I'm not in favor of extending it. CHAIRMAN TAYLOR: Let me -- if you don't mind. Let me explain what's happened. A very articulate and direct letter was sent to the department, I think it's the Department of Health, in Florida by Drug Free Collier. They asked me to review it, and I -- it was inquiry basically that said, okay, so if -- could we possibly, if we made sure that the people that need this substance are -- they have it, can we deliver this rather than have it a dispensary, an actual physical, would you allow this? They never responded. When they called me, they went through -- and I tried to -- I asked them about -- you know, tried to bring them back to the central question of it, and they basically never gave me an answer. And then I said, could you possibly write what you just told me so that I can distribute it to my colleagues, and I've not yet to get the answer. So I think the thought of us extending it is to let the legislature meet in January and wrestle with it again, because I'm hoping they will, and then we -- and see what comes of it. But no one knows what we're doing here, and that's the scary part. It's home rule gone out the door. Commissioner Saunders? COMMISSIONER SAUNDERS: The -- I'm going to support extending the moratorium for two reasons: One, if we open the door to a dispensary, then the door's wide open, and the only control we have November 14, 2017 Page 246 is that dispensaries can only go where regular pharmacies are permitted, which in Collier County is just about every corner. So that's a problem, and the legislature has to fix that. And there's a lot of pressure on the legislature to do that. There are a lot of communities that are saying no to dispensaries, not because they don't want a dispensary in their community, but they just don't want a large number of them. And I've gotten phone calls from people from around the country saying, hey, we'd like to open a dispensary and, of course, that's a little bit of a concern. The big issue is whether or not patients can get medical marijuana in Collier County, and the answer is that they can. There's a dispensary -- I think there may be two, but there's at least one dispensary in Lee County that distributes in Collier County, and I believe there's a dispensary -- and, again, maybe more than one -- in Miami that provides the medical marijuana here in Collier County. The statute -- and I don't know, Jeff, if you're familiar with the statute, but I believe the statute sets a maximum fee for what the courier can charge, and the courier has to be actually from the dispensary. So the dispensary couriers the medical marijuana to the patient. I believe if it's within a certain distance, it may be within 10 miles of the dispensary it's one fee, and if it's further than that, then it's a separate fee, but it's set. And so to alleviate, perhaps, your concern, medical marijuana is available, and it's just a matter of paying, you know, a delivery fee. So that's my concern. So I'm going to support extending this for that six months. If the legislature doesn't fix it, then we're going to have to have another conversation, because I agree that we should have a dispensary or more in Collier County. I just don't want to have a proliferation of them, and that's the concern. COMMISSIONER SOLIS: Don't the dispensaries -- the dispensaries have to be licensed by the state? November 14, 2017 Page 247 COMMISSIONER McDANIEL: Yes. COMMISSIONER SOLIS: And it's all got to be vertically integrated, so I don't think -- COMMISSIONER McDANIEL: They're called ticketholders; 17 of them. COMMISSIONER SOLIS: Yeah. I mean, it's not going to be like -- well, I guess -- yeah, there's a CVS on almost every corner, that's true. CHAIRMAN TAYLOR: It's the location. Not necessarily that they would replace it. COMMISSIONER SOLIS: Different entities, yeah. CHAIRMAN TAYLOR: Yeah. There's a formula, but still at the same time -- COMMISSIONER SOLIS: I see what you're saying. CHAIRMAN TAYLOR: -- you know, there's a Walgreens within walking distance of Naples High School. In fact, it's the backdoor of Naples High School. COMMISSIONER McDANIEL: Madam Chair, the statute precludes that. If we were to allow the dispensaries, there is specificity in the statute that delineates where these can be. I'm concerned -- and I went and met with Ray Rodriguez before about this before the storm and expressed my dissatisfaction. As you know, I've been very consistent, I've been very consistent in how I've been voting on this item. And as Commissioner Solis expressed, I believe this was -- this was voted on by the electorate. It is now a part of our Constitution. For the record, I voted against it when it came up on the ballot not because of the issue but because I don't believe it's a constitutional item. I believe this should have been handled legislatively. But all that not -- all that having been said, the legislation that came from the State I feel was very poorly written. There was nothing November 14, 2017 Page 248 in the question that we, the electorate, got to vote on that said that local municipalities were going to be able to opt out and ban these dispensaries. There wasn't anything in the question at all. That was done by Mr. Morgan in the campaign to promote this. He said it on TV. I'm sure he was getting pressure from some of his people with regard to that, and he said it on TV. And the legislature reacted to that statement that he would -- that local municipalities would actually be able to ban them. And then, of course, they came forward with the delineation where, when, and how and preempted us from doing anything else, which put me in a very compromising position because, like it or not, it is a constitutional amendment, and it was voted on by 70-plus percent of the residents of the state of Florida to be a constitutional amendment. We're all well aware that medical marijuana can be dispensed. It can be delivered. But that wasn't either part of the question. And as much as anything, I understand, Commissioner Taylor, the rationale about it being legal and it can, in fact, be dispensed, but the electorate didn't vote on that aspect of it. So that's the reason that I'm not in support of continuing the ban, but I can understand the rationale for doing it and hopefully, hopefully, the legislature will come up with some language that allows us to put some stipulation in to make sure -- limit the number. I mean, I've seen some pretty decent statistics that show the viability from a number of these that we can actually implement to allow it to go forward. COMMISSIONER SAUNDERS: A quick question for the County Attorney. COMMISSIONER SOLIS: You were going there okay. Go ahead. COMMISSIONER SAUNDERS: Yeah. In terms of, I know -- November 14, 2017 Page 249 in terms of some of these moratoria, I think the recommendation has been that there should be a supermajority vote to do that. In this particular case, do we need a supermajority vote, in your view, to -- because, in effect, it's somewhat of a land-use issue. COMMISSIONER SOLIS: And there's another legal issue I was thinking of, too. I'm sorry, were you done? COMMISSIONER SAUNDERS: Well, I don't know what the answer is, but -- MR. KLATZKOW: Typically in a moratorium, it would require four votes. But this is such an out-of-the-box issue, quite frankly, with this legislation that I think three votes is fine. COMMISSIONER SAUNDERS: Okay. COMMISSIONER SOLIS: And we would be okay with extending this moratorium six months? MR. KLATZKOW: I will tell you -- COMMISSIONER SOLIS: We're past a year now. MR. KLATZKOW: I will tell you that I'm not without some concern, so I did take a look at what other counties are doing and other municipalities are doing, and a lot of people are extending the moratorium, and it's basically because of State inaction. CHAIRMAN TAYLOR: Yeah. MR. KLATZKOW: The State was required, required, to have regulations in place months ago, and they have not done so. For example, one of the issues we have is we have someone who wants to apply for a license with Collier County, but they want to grow it in Collier County as well, and we don't know where they can do it. Is this an agricultural use? Is this an industrial use? And the State's not been helpful as far as their regulations, because they have none. COMMISSIONER SOLIS: Well, I mean -- COMMISSIONER McDANIEL: It's going to pass 3-2. COMMISSIONER SOLIS: I'm not happy with it, but I guess I'll November 14, 2017 Page 250 support it, I mean, if we need a supermajority. COMMISSIONER McDANIEL: 4-1, it looks like. COMMISSIONER SOLIS: But I think if the legislature doesn't do anything -- CHAIRMAN TAYLOR: Yeah, then what? COMMISSIONER SOLIS: -- in six months, we're going to have to deal with this somehow one way or the other. CHAIRMAN TAYLOR: Well, we're going to know in a couple months, right? January, February, March. COMMISSIONER McDANIEL: Well, we'll deal with it by the end of March. As soon as the legislature's over. CHAIRMAN TAYLOR: Yeah. So -- COMMISSIONER SOLIS: And as soon as we get -- let's assume that they're going to go and answer all the questions and really figure this thing out, we can come back in March. We don't have to wait till June. CHAIRMAN TAYLOR: That's correct. COMMISSIONER SOLIS: We could come back in March and figure something out. Okay. I'm in favor -- I'll support it. CHAIRMAN TAYLOR: Okay. So any other discussion? (No response.) CHAIRMAN TAYLOR: There's a motion on the floor and a second to extend the moratorium until -- for another six months. COMMISSIONER SOLIS: From December 31st. CHAIRMAN TAYLOR: From December the 31st, from the -- MR. KLATZKOW: Okay. We'll advertise it for that. We'll be fine. CHAIRMAN TAYLOR: Okay. COMMISSIONER FIALA: What did you say? CHAIRMAN TAYLOR: We'll advertise it. MR. KLATZKOW: We need to advertise this, so it will come November 14, 2017 Page 251 back to you next time. CHAIRMAN TAYLOR: All in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: It carries 4-1. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Madam Chair, that takes us to Item 15, staff and commission and general communications. I have nothing except to wish the Board a Happy Thanksgiving. CHAIRMAN TAYLOR: Happy Turkey Day, yes. MR. OCHS: And safe travels to anyone who's traveling. CHAIRMAN TAYLOR: County Attorney Klatzkow? MR. KLATZKOW: I have nothing, ma'am. CHAIRMAN TAYLOR: Mr. Miller? MR. MILLER: Nothing, ma'am. Thank you. CHAIRMAN TAYLOR: Ms. Kinzel? MS. KINZEL: No. Thank you. Happy Thanksgiving. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Thank you. Happy Thanksgiving to everyone, and safe travels if you are. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just got that notification that Leo sent to all of us that he received from somebody or another that November 14, 2017 Page 252 says that -- about the Rivera golf course, and I'm thinking, you know, I still feel that we did wrong in at our vote. Of course, I voted against it, so I couldn't reconsider it, but I think we ought to be thinking about a public golf course. I got so many emails about it and wishing that we had had a public golf course. I'm sure you did, too, because if I got them, you guys got them. And I really wish we could talk about that one more time. COMMISSIONER McDANIEL: I think we can. I believe we voted to not purchase any at that juncture but look at them individually as they came forward to us. COMMISSIONER FIALA: Did we say that? COMMISSIONER McDANIEL: I think so. Somebody -- I have a memory issue, but -- MR. OCHS: No, you're correct, sir. COMMISSIONER McDANIEL: Say that again. MR. OCHS: You're correct. COMMISSIONER McDANIEL: There we go. COMMISSIONER FIALA: Could we discuss that one more time then? MR. OCHS: Well, let me get some analysis of it first, and if it's a straight-out offer of a sale to the Board, we'll bring that forward. COMMISSIONER FIALA: Okay. COMMISSIONER McDANIEL: Yes. And I had recalled that that's how we had voted. COMMISSIONER FIALA: Oh, I'm so glad. COMMISSIONER McDANIEL: We didn't want to -- CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: Just a Happy Thanksgiving. Safe travels. COMMISSIONER FIALA: That's what I meant to say, too. And November 14, 2017 Page 253 Happy Thanksgiving, everyone. CHAIRMAN TAYLOR: Say it here. COMMISSIONER FIALA: Happy Thanksgiving, everyone. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: I've got three items, but because of the shortness of human life, I'm going to pass until December. COMMISSIONER SOLIS: Shortness of human life. COMMISSIONER McDANIEL: Shortness of what? COMMISSIONER SAUNDERS: Human life. COMMISSIONER McDANIEL: Human life. COMMISSIONER SAUNDERS: I want to wish everybody a Happy Thanksgiving as well. Thank you. CHAIRMAN TAYLOR: And I echo my colleagues up here. Have a wonderful Thanksgiving, everyone. And this meeting is adjourned. **** Commissioner Saunders moved, seconded by Commissioner Solis and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR LAGOMAR AT FIDDLER’S CREEK REPLAT, PL20160000440, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,147.10 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED November 14, 2017 Page 254 AGENT – THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE DURING A FINAL INSPECTION CONDUCTED BY STAFF AND PUBLIC UTILITIES ON AUGUST 29, 2017 Item #16A2 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR PARKLANDS, PHASES 1-3, PL20150002492, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE DURING A FINAL INSPECTION CONDUCTED BY STAFF AND PUBLIC UTILITIES ON AUGUST 23, 2017 Item #16A3 RESOLUTION 2017-207: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FAITH LANDING PHASE ONE, APPLICATION NUMBER AR-12639; ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A4 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES November 14, 2017 Page 255 FOR PARKLANDS, PHASE 4, PL20150002596, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE DURING A FINAL INSPECTION CONDUCTED BY STAFF AND PUBLIC UTILITIES ON AUGUST 17, 2017 Item #16A5 RESOLUTION 2017-208: FINAL ACCEPTANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FAITH LANDING PHASE TWO, APPLICATION NUMBER PL20130001663; ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR GOLF CLUB OF THE EVERGLADES PHASE 1-1, 1-2, 1-3 AND VANDERBILT BEACH ROAD FORCE MAIN EXTENSION, PL20160000085, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE DURING A FINAL INSPECTION CONDUCTED BY STAFF AND PUBLIC November 14, 2017 Page 256 UTILITIES ON JUNE 16, 2017 Item #16A7 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR COURTSIDE COMMONS AT WYNDEMERE, PL20160001135 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,241.30 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE DURING A FINAL INSPECTION CONDUCTED BY STAFF AND PUBLIC UTILITIES ON SEPTEMBER 5, 2017 Item #16A8 RECORDING THE MINOR FINAL PLAT OF HERITAGE BAY COMMONS - TRACT D SECOND REPLAT (APPLICATION NUMBER 20170002126) Item #16A9 RECORDING THE MINOR FINAL PLAT OF BUCKLEY PARCEL REPLAT (APPLICATION NUMBER PL20170003099) – LOCATED ON AIRPORT PULLING ROAD NORTH JUST SOUTH OF VANDERBILT BEACH ROAD Item #16A10 November 14, 2017 Page 257 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $108,594.39 FOR PAYMENT OF $10,000 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. GMAC MORTGAGE, LLC, CODE ENFORCEMENT BOARD CASE NOS. CESD20130011486 AND CEPM20160007563 RELATING TO PROPERTY LOCATED AT 5071 19TH CT SW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATION CONSISTING OF REPLACING AN EXTERIOR DOOR AND FRAME WITHOUT PERMIT AND A BROKEN SLIDER DOOR WINDOW THAT WERE BROUGHT INTO COMPLIANCE ON APRIL 20TH & 25TH, 2017 BY THE NEW OWNER Item #16A11 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $64,230.13 FOR PAYMENT OF $1,800 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ARLP TRUST 4. CODE ENFORCEMENT BOARD CASE NO. CESD20140018438 RELATING TO PROPERTY LOCATED AT 4225 11TH AVENUE SW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS THAT CONSISTED OF A POOL ENCLOSURE REMOVAL WITHOUT PERMITS THAT WAS BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON OCTOBER 6, 2016 Item #16A12 RELEASE OF CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $233,050 FOR PAYMENT OF $500 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF November 14, 2017 Page 258 COUNTY COMMISSIONERS V. DUSAN PETRIC. CODE ENFORCEMENT BOARD CASE NO. CESD20100004782 RELATING TO PROPERTY LOCATED AT 3122 SANTA BARBARA BLVD, COLLIER COUNTY, FLORIDA – FOR A CODE VIOLATION THAT CONSISTED OF AN UNPERMITTED SHED THAT WAS BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON APRIL 7, 2017 Item #16A13 THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) AGREEMENT NOS. 4600003760, 4600003761 AND 4600003762 AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS TO RECOGNIZE GRANT FUNDING IN THE AMOUNT OF UP TO $200,000, $238,860 AND $800,000, RESPECTIVELY FOR THE CONSTRUCTION OF THE LELY BRANCH NEW WEIR (PROJECT NO. 60202), THE GOLDEN GATE CITY STORMWATER IMPROVEMENTS - NW QUADRANT (PROJECT NO. 51029), AND WEST GOODLETTE- FRANK ROAD STORMWATER IMPROVEMENTS (PROJECT NO. 60142), RESPECTIVELY – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 RESOLUTION 2017-209: AMENDMENT NO. 1 TO A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY, IN WHICH THE ORIGINAL REIMBURSEMENT AMOUNT OF $759,125 IS DIVIDED, WITH $744,125 FOR THE CONSTRUCTION PHASE AND $15,000 FOR November 14, 2017 Page 259 THE CONSTRUCTION ENGINEERING AND INSPECTION (CEI) PHASE; FOR THE COUNTYWIDE STATE HIGHWAY SYSTEM SIGNAL PRIORITY PREEMPTION EXPANSION (PROJECT FM #435338-1-58/68-01) (SAP PROJECT NO. 33458) Item #16A15 CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND THE RICHMOND PARK MASTER CONDOMINIUM ASSOCIATION, INC. FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE IMMOKALEE ROAD PUBLIC RIGHT-OF-WAY – LOCATED AT THE CORNER OF IMMOKALEE ROAD AND WOODCREST DRIVE Item #16A16 WAIVE FORMAL COMPETITION AND APPROVE CONTRACT #17-7216-WV WITH METRO FORECASTING MODELS, LLC AS THE SINGLE SOURCE CONSULTANT FOR THE SOFTWARE AND SERVICES RELATED TO UPDATES TO THE COLLIER COUNTY INTERACTIVE GROWTH MODEL – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A17 AFTER-THE-FACT APPROVAL FOR THE 2017 TIGER IX DISCRETIONARY GRANT APPLICATION, SPONSORED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR THE IMMOKALEE COMPLETE STREETS - GROWING CONNECTIONS TO CREATE MOBILITY OPPORTUNITIES November 14, 2017 Page 260 PROJECT, IN THE AMOUNT OF $16,415,864 – PROVIDING FOR NEW FACILITIES TO ACCOMMODATE BYCYCLISTS AND PEDESTRIANS WHERE NONE CURRENTLY EXIST Item #16A18 A SHORT-LIST OF PROFESSIONAL ENGINEERING CONSULTANTS AND TO ENTER INTO NEGOTIATIONS WITH JOHNSON ENGINEERING, INC. PURSUANT TO REQUEST FOR PROFESSIONAL SERVICES (RPS) NO. 17-7222, “POST DESIGN & VERIFICATION TESTING SERVICES FOR TREE FARM ROAD PHASE II” (PROJECT NOS. 61001 AND 70178) Item #16A19 RECOGNIZE FUNDING IN THE AMOUNT OF $78,990 FROM AN APPROVED FUNDING AGREEMENT BETWEEN COLLIER ENTERPRISES MANAGEMENT, INC. (CEMI) AND THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO), TO PREPARE AN AMENDMENT TO THE 2040 LONG RANGE TRANSPORTATION PLAN (LRTP) Item #16A20 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 7, ASHLEY GROVE, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 32, PAGES 26 THROUGH 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY – LOCATED AT 5113 KENSINGTON HIGH STREET Item #16A21 – Moved to Item #11J (During Agenda Changes) November 14, 2017 Page 261 Item #16B1 COMMUNITY REDEVELOPMENT AGENCY (CRA) TO APPROVE A ONE YEAR EXTENSION OF THE PROJECT COMPLETION DATE SET FORTH IN THE COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND WESTERN BIKE & AUTO, LLC DUE TO CERTAIN PERMITTING AND HURRICANE DELAYS – EXTENDING THE AGREEMENT TO DECEMBER 6, 2018 Item #16C1 AWARD CONTRACTS FOR RFP #15-6469 “WELL TESTING, DRILLING, AND MAINTENANCE” TO YOUNGQUIST BROTHERS INCORPORATED, LAYNE CHRISTENSEN COMPANY, WELLS AND WATER INCORPORATED, NAPLES WELL DRILLING INCORPORATED, AND ALL WEBBS ENTERPRISES, INCORPORATED Item #16D1 THE FY17-18 CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1,455,000 – WITH QUARTERLY REPORTS DUE ON MARCH 1, 2018, JUNE 1, 2018, SEPTEMBER 1, 2018 AND DECEMBER 1, 2018 Item #16D2 RATIFY FEE WAIVERS GRANTED BY THE DIRECTOR OF November 14, 2017 Page 262 DOMESTIC ANIMAL SERVICES FOR THE PERIOD OF JULY 1, 2017 THROUGH SEPTEMBER 30, 2017, IN ACCORDANCE WITH THE PROCESS ESTABLISHED BY RESOLUTION NO. 2016-125 IN THE AMOUNT OF $270 Item #16D3 A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $232,000 FROM LIBRARY FUND 129 OPERATING PROGRAM 31129 TO THE RADIO FREQUENCY IDENTIFICATION SYSTEM (RFID) (PROJECT #44037) – FOR INSTALLATION OF EQUIPMENT AT THE SOUTH REGIONAL, EAST NAPLES, ESTATES, IMMOKALEE AND EVERGLADES CITY BRANCHES Item #16D4 A RELEASE OF LIEN FOR FIVE SEPARATE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS WITH ONE DEVELOPER FOR A COMBINED AMOUNT OF $35,419.14 FOR PROPERTIES DEVELOPED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT HAVE BEEN REPAID TO COLLIER COUNTY AND THE RELEASE OF LIEN WAS NOT EXECUTED – LOCATED AT THE FOLLOWING: CARSON LAKES LOT 34, HABITAT VILLAGE BLOCK A LOT 21, HABITAT VILLAGE BLOCK B LOT 6, NAPLES MANOR ADDITION BLOCK 5 LOT 9 AND NAPLES MANOR UNIT 1 BLOCK 8 LOT 6 Item #16D5 November 14, 2017 Page 263 A RELEASE OF LIEN TO COMBINE THE RELEASE OF 29 SEPARATE LIENS FOR A COMBINED AMOUNT OF $223,265.78 FOR PROPERTIES DEVELOPED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS – FOR HABITAT VILLAGE BLOCKS A, B & C Item #16D6 - Continued to the December 12, 2017 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE TWO STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) SUBRECIPIENT AGREEMENTS WITH HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP IN THE AMOUNT OF $24,877 AND ROCK ISLAND ECONOMIC GROWTH CORPORATION D/B/A ECONOMIC GROWTH CORPORATION IN THE AMOUNT OF $24,500 FOR THE ADMINISTRATION OF A HOMEBUYER EDUCATION AND COUNSELING PROGRAM FOR STATE OF FLORIDA FY 16/17 Item #16D7 ACCEPTANCE OF THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FY 2017/2018 ALLOCATION IN THE AMOUNT OF $1,520,545 AND APPROVE A BUDGET AMENDMENT RECOGNIZING $219,282.19 IN PROGRAM INCOME FOR FISCAL YEAR 2017/2018 – WITH AN EXENDITURE DEADLINE OF JUNE 30, 2020 November 14, 2017 Page 264 Item #16D8 AWARD BID #17-7195 PURCHASE AND INSTALLATION OF BUS WRAPS TO BELLA SIGNS AND DESIGNS, INC. – FOR THE PURCHASE AND INSTALLATION OF BUS WRAPS AND DECALS FOR TRANSIT BUSES AND PARATRANSIT VEHICLES Item #16D9 APPROPRIATE A PRIVATE DONATION OF $25,000 TO BENEFIT THE HEADQUARTERS REGIONAL LIBRARY AND APPROVE THE NECESSARY BUDGET AMENDMENT – TO BE USED FOR RESOURCES, FURNITURE, SUPPLIES, MATERIALS AND GENERAL INPROVEMENTS TO PUBLIC AREAS AT THE HEADQUARTERS REGIONAL LIBRARY Item #16D10 AFTER-THE-FACT SUBMITTAL OF A GRANT REQUEST TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) FOR FUNDING IN THE AMOUNT OF $3,675 FOR THE PURCHASE AND DELIVERY OF THREE (3) BEARSAVER TRASH RECEPTACLES FOR THREE (3) COLLIER COUNTY PARK SITES – FOR THE IMMOKALEE COMMUNITY PARK, IMMOKALEE SPORTS COMPLEX & THE IMMOKALEE AIRPORT PARK Item #16D11 RESOLUTION 2017-210: A RESOLUTION INDICATING THE November 14, 2017 Page 265 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS’ DESIRE TO BE RE-DESIGNATED AS THE COMMUNITY TRANSPORTATION COORDINATOR (CTC) FOR COLLIER COUNTY Item #16D12 AN AGREEMENT WITH THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) DIVISION OF RECREATION AND PARKS TO PROVIDE TRANSIT SERVICE INTO DELNOR-WIGGINS STATE PARK, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT – HELPING TO ALLEVIATE CONGESTION AND PARKING LIMITATIONS Item #16D13 RESOLUTION 2017-211: A FIVE-YEAR JOINT PARTICIPATION AGREEMENT (JPA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN THE AMOUNT OF $1,791,176 UNDER STATE TRANSIT BLOCK GRANT PROGRAM CONTRACT NUMBER G0Q98 PROVIDING FOR STATE FUNDING FOR ELIGIBLE COLLIER COUNTY FIXED ROUTE TRANSIT ADMINISTRATIVE, MANAGEMENT, AND OPERATION EXPENSES IN THE AMOUNT OF $895,588, APPROVE A FY17-18 LOCAL MATCH IN THE AMOUNT OF $895,588, AND APPROVE THE NECESSARY BUDGET AMENDMENTS Item #16D14 THE FY2017/18 TRANSPORTATION DISADVANTAGED November 14, 2017 Page 266 TRUST FUND TRIP/EQUIPMENT AMENDMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) – FOR THE COLLIER AREA PARATRANSIT PUBLIC DOOR-TO-DOOR TRANSPORTATION PROGRAM Item #16D15 A SUB-RECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND THE NATIONAL ALLIANCE FOR THE MENTALLY ILL OF COLLIER COUNTY (NAMI) PROVIDING FOR $24,579.15 OF FY17-18 EMERGENCY SOLUTIONS GRANT (ESG) FUNDING – PROVIDING RENTAL ASSISTANCE TO HOMELESS PERSONS IN COLLIER COUNTY Item #16D16 “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) AND TO APPROVE A BUDGET AMENDMENT FOR THE FY17 OLDER AMERICANS ACT TITLE OAAIII PROGRAM TO ENSURE CONTINUOUS FUNDING FOR FY17 (FISCAL IMPACT OF THE OAA PROGRAMS OF $11,460 AND LOCAL MATCH FUNDING OF $1,443.88) – FOR SENIOR SERVICES ELDERLY CLIENTS Item #16D17 AN AGREEMENT WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER (DLC) TO ADMINISTER THE ALLOCATION OF THE STATE- MANDATED MATCH FOR FY18 IN THE November 14, 2017 Page 267 AMOUNT OF $1,949,400 – PROVIDING BEHAVIORAL AND SUBSTANCE ABUSE SERVICES TO THE COMMUNITY Item #16D18 “AFTER-THE-FACT” AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY), COMMUNITY CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY (HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS AND AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE FINAL FY 16/17 GRANT FUNDING AMOUNT (NET FISCAL IMPACT $1,957.21) – FOR SENIOR SERVICES’ ELDERLY CLIENTS Item #16D19 “AFTER-THE-FACT” AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY), COMMUNITY CARE FOR THE ELDERLY (CCE, ALZHEIMER’S DISEASE INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY (HCE) GRANT PROGRAMS FOR SERVICES FOR SENIORS AND AUTHORIZE BUDGET AMENDMENTS TO ENSURE CONTINUOUS FUNDING FOR FY2017/2018 (NET FISCAL IMPACT $179,372.45) – PROVIDING UNINTERRUPTED SERVICES FOR ELDERLY CLIENTS OF COLLIER COUNTY SERVICES FOR SENIORS Item #16D20 November 14, 2017 Page 268 AWARD INVITATION TO BID (ITB) #17-7105R “BASEBALL AND SOFTBALL OFFICIALS” TO COLLIER RECREATION BASEBALL/SOFTBALL UMPIRE ASSOCIATION, INC. AND AUTHORIZE THE CHAIR TO EXECUTE THE ATTACHED CONTRACT – ACQUIRING UMPIRE SERVICES FOR THE COMMUNITY’S ADULT SOFTBALL PROGRAMS Item #16D21 AGREEMENT #18-7243-NS WITH COLLIER COUNTY SHERIFF’S OFFICE FOR THE REIMBURSEMENT OF $57,517.20 FOR INTERSECTION CONTROL OUTSIDE OF DELNOR-WIGGINS STATE PARK AT PEAK TIMES DURING THE YEAR – WHICH ARE JANUARY THROUGH MAY FROM 10 A.M. TO 3 P.M. Item #16D22 AFTER-THE-FACT AWARD ACCEPTANCE ELECTRONICALLY AND EXECUTE THE AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE (DOJ) - OFFICE OF JUSTICE PROGRAMS TO ACCEPT FUNDING FOR THE ADULT COURT DISCRETIONARY GRANT PROGRAM IN THE AMOUNT OF $400,000 AND APPROVE A BUDGET AMENDMENT TO ALLOCATE THE FUNDING – FOR THE DRUG COURT PROGRAM’S FUNDING FOR A THREE YEAR PERIOD ENDING ON SEPTEMBER 30, 2020 Item #16D23 BUDGET AMENDMENTS TO REFLECT THE ESTIMATED November 14, 2017 Page 269 FUNDING FOR CALENDAR YEAR 2018 OLDER AMERICANS ACT (OAA) PROGRAMS IN THE AMOUNT OF $1,065,348 AND THE REQUIRED MATCH OF $112,840.99 – FOR FRAIL ELDERLY CLIENTS OF THE COLLIER COUNTY SENIOR SERVICES Item #16D24 A PURCHASE ORDER IN THE AMOUNT OF $65,580 FOR USA SHADE & FABRIC STRUCTURES AS THE SOLE SOURCE VENDOR TO REPAIR AND INSTALL THE SHADE STRUCTURE FOR THE PICKLEBALL COURTS AT EAST NAPLES COMMUNITY PARK – REPARING THE SHADE STRUCTURE AT THE EAST NAPLES COMMUNITY PARK PICKLEBALL COURTS DUE TO HURRICANE IRMA DAMAGE Item #16D25 – Moved to Item #11F (Per Agenda Change Sheet) Item #16D26 AWARD INVITATION TO BID (ITB) #17-7165 TO MULTIPLE FIRMS TO PROVIDE CONSTRUCTION-RELATED EXPERTISE AND REVIEW FOR GRANT-FUNDED RESIDENTIAL REHABILITATION PROJECTS – REDCON SOLUTIONS GROUP AS PRIMARY FIRM AND SOFTHQ, INC. AS THE SECONDARY FIRM Item #16D27 WAIVE PERFORMANCE MEASURES PENALTIES ASSESSED TO MEDICAL TRANSPORTATION MANAGEMENT (MTM), November 14, 2017 Page 270 INC. AND MV TRANSPORTATION, INC. IN ACCORDANCE WITH AGREEMENT #15-6424 FOR MANAGEMENT SERVICES CONTRACT FOR THE COLLIER AREA TRANSIT (CAT) FIXED ROUTE AND PARATRANSIT PROGRAM – TO ACCEPT PAYMENT OF $22,750 FROM MTM FOR PENALTIES INCURRED DURING THE PERIOD OF OCTOBER 1, 2016 THROUGH MARCH 31, 2017 AND HOLD THE PENALTY OF $24,000 IN ABEYANCE; ACCEPT PAYMENT OF $6,500 FROM MV’S FOR PENALTIES INCURRED DURING THE PERIOD OF OCTOBER 1, 2016 THROUGH MARCH 31, 2017 AND HOLD THE PENALTY OF $10,750 IN ABEYANCE PENDING IMPROVED PERFORMANCE FOR THE PERIOD OF OCTORBER 1, 2017 THROUGH MARCH 31, 2018 FROM BOTH COMPANIES Item #16E1 AWARD RFP #17-7127, “3-1-1/CUSTOMER RELATIONSHIP MANAGEMENT (CRM) INITIATIVE,” TO QSCEND TECHNOLOGIES, INC. – ALLOWING TWO-WAY COMMUNICATION THROUGH A SINGLE POINT OF CONTACT Item #16E2 ACCRUED INTEREST FROM THE PERIOD OCTOBER 2016 THROUGH JUNE 2017 EARNED BY EMS COUNTY GRANT AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $614.72 Item #16E3 November 14, 2017 Page 271 WAIVING COMPETITION AND STANDARDIZE THE PURCHASE OF STRYKER POWER PRO AMBULANCE COTS, WARRANTY, PARTS AND ACCESSORIES FROM STRYKER EMS – FOR NEW AND REPLACEMENT POWER STRETCHERS Item #16E4 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E5 WAIVING THE ETHICS ORDINANCE AND ACCEPT AN OFFER, AT NO COST TO THE COUNTY, TO HONOR TWO MEMBERS OF EMS AS REPRESENTATIVES OF THE AGENCY FOR THEIR ACTIONS AND CONTRIBUTIONS RELATED TO HURRICANE IRMA IMPACTS AT THE AMERICAN MUSIC AWARDS (AMA) IN LOS ANGELES, CALIFORNIA – PAYING FOR AIRFARE, MEALS, LODGING AND TRANSPORTATION FOR TWO Item #16E6 NECESSARY BUDGET AMENDMENTS NEEDED FOR A ONE- TIME PAYMENT IN THE AMOUNT OF $50,000 TO THE IMMOKALEE FIRE DISTRICT TO PARTIALLY REIMBURSE FUNDS ALREADY EXPENDED FOR STATION PLANS FOR A FUTURE CO-OWNED EMS/FIRE STATION IN AVE MARIA – November 14, 2017 Page 272 THE IMMOKALEE FIRE DISTRICT HAS EXPENDED APPROXIMATELY $300,000 TO DEVELOP STATION PLANS Item #16E7 ISSUANCE OF A PURCHASE ORDER TO CDR MAGUIRE, INC. UNDER RFP #17-7116 DISASTER RECOVERY CONSULTING SERVICES IN THE AMOUNT OF $633,800 AND AUTHORIZE A BUDGET AMENDMENT FOR CONTINUING SUPPORT IN DEVELOPING AND PREPARING PROJECT WORKSHEETS FOR FEMA REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH HURRICANE IRMA – TERMINATING THE PURCHASE ORDER WITH TIDAL BASIN Item #16F1 AWARD ITB #17-7130R FOR "PELICAN BAY IRRIGATION" TO STAHLMAN-ENGLAND IRRIGATION, INC. IN THE AMOUNT OF $199,850, AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT Item #16F2 AWARD ITB BID #17-7208 - ANNUAL LANDSCAPE MAINTENANCE BAYSHORE MSTU TO GROUND ZERO LANDSCAPING SERVICES, INC. Item #16F3 – Moved to Item #11I (Per Agenda Change Sheet) Item #16F4 November 14, 2017 Page 273 TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO SUPPORT FOUR UPCOMING DECEMBER 2017 SPORTS EVENTS UP TO $19,650 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – FOR THE FOLLOWING EVENTS: FLORIDA STATE PICKLEBALL CHAMPIONSHIPS ON DECEMBER 8-10, 2017 AT THE EAST NAPLES COMMUNITY PARK; SPORTS RECRUITING SOCCER SHOWCASE ON DECEMBER 9-10, 2017 AT THE NORTH COLLIER REGIONAL PARK; NAPLES HOLIDAY SHOOTOUT ON DECEMBER 27-30, 2017 (VENUE TBD LATER) AND THE GULFSHORE HOLIDAY HOOPFEST ON DECEMBER 27-30, 2017 AT GOLDEN GATE HIGH SCHOOL Item #16F5 AN AMENDMENT TO THE FY 18 CATEGORY C-2 GRANT TO ARTIS-NAPLES DUE TO STORM DAMAGE TO THE BAKER MUSEUM, APPROVE CONTRACT AMENDMENT #1 AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM – FOR THE FOLLOWING EVENTS: THE VIENNA PHILHARMONIC ORCHESTRA FOR TWO PERFORMANCES ON FEBRUARY 27-28, 2018; THE CHICAGO SYMPHONY ORCHESTRA ON FEBRUARY 12, 2018 AND THE ACADEMY OF ST. MARTIN IN THE FIELDS FEATURING JOSHUA BELL ON MARCH 27, 2018 Item #16F6 RESOLUTION 2017-212: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE November 14, 2017 Page 274 FISCAL YEAR 2017-18 ADOPTED BUDGET Item #16F7 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – FOR THE EXCAVATION OF CLAM PASS AS A RESULT OF TROPICAL STORM EMILY Item #16F8 ADDITIONAL FY 2018 BUDGET AMENDMENTS COVERING POST HURRICANE IRMA CLEAN UP AND RECOVERY FOR DEBRIS REMOVAL Item #16H1 PROCLAMATION HONORING MR. JOSEPH MANUEL FOR ACHIEVING THE RANK OF EAGLE SCOUT. THIS PROCLAMATION WILL BE MAILED TO MR. MANUEL – ADOPTED Item #16H2 RESOLUTION 2017-213: REQUESTING THE FLORIDA ATTORNEY GENERAL INCREASE EFFORTS TO INVESTIGATE REVERSE MORTGAGE FRAUD Item #16H3 November 14, 2017 Page 275 RESOLUTION 2017-214: ENDORSING THE DEDICATION OF A PORTION OF INTERSTATE 75 FROM MILE MARKER 110 TO THE BROWARD COUNTY LINE AS THE “SUBMARINE VETERANS MEMORIAL HIGHWAY” Item #16J1 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED SEPTEMBER 30, 2017 Item #16J2 ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES DEPARTMENT OF TREASURY COMBINED EQUITABLE SHARING AGREEMENT AND CERTIFICATION THROUGH SEPTEMBER 30, 2018 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 WERE DRAWN FOR THE PERIODS BETWEEN OCTOBER 12 AND NOVEMBER 1, 2017 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J4 DETERMINE VALID PUBLIC PURPOSE FOR INVOICES November 14, 2017 Page 276 PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF NOVEMBER 8, 2017 Item #16K1 A MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL AMOUNT OF $65,664 FOR THE TAKING OF PARCEL 281RDUE IN THE PENDING CASE STYLED COLLIER COUNTY V. NABIL JOSEPH, ET AL, CASE NO. 16- CA-1256, REQUIRED FOR THE GOLDEN GATE BOULEVARD PROJECT (PROJECT NO. 60145 - FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (FISCAL IMPACT: $53,464) Item #16K2 A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $56,650 FOR FULL COMPENSATION AND STATUTORY ATTORNEY FEES, EXPERT FEES AND COSTS, PLUS UP TO $5,000 IN SUPPLEMENTAL ATTORNEY FEES, IF ANY, FOR PARCEL 146RDUE IN THE CASE STYLED COLLIER COUNTY V. BENJAMIN SANCHEZ, ET AL., CASE NO. 15-CA-0249 REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE BOULEVARD (PROJECT NO. 60040) [FISCAL IMPACT: $52,920] Item #16K3 A PRE-HEARING JOINT MOTION FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $9,512 FOR PARCEL 443RDUE, IN THE LAWSUIT CAPTIONED COLLIER COUNTY V. JOHN R. BRUNNER, ET AL, CASE NO. November 14, 2017 Page 277 17-CA-1452, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145 (FISCAL IMPACT: $9,682) Item #16K4 A JOINT MOTION FOR STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $12,400 FOR PARCEL 330RDUE, IN THE LAWSUIT CAPTIONED COLLIER COUNTY V. PRISCILLA DIAS, ET AL, CASE NO. 16-CA-1393, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145 (FISCAL IMPACT: $5,900) Item #16K5 A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $12,000 FOR THE TAKING OF PARCEL 339RDUE REQUIRED FOR THE GOLDEN GATE BLVD. PROJECT NO. 60145 (FROM 20TH ST. E. TO EAST OF EVERGLADES BLVD.), IN THE PENDING CASE STYLED COLLIER COUNTY V. WILLIAM J. ZAVASKY, JR., ET AL., CASE NO. 16-CA-1272 (FISCAL IMPACT: $10,700) Item #16K6 RESOLUTION 2017-215: APPOINTING DAVID J. TRECKER TO THE COASTAL ADVISORY COMMITTEE FILLING THE REMAINDER OF A VACANT TERM EXPIRING ON MAY 22, 2019 Item #16K7 November 14, 2017 Page 278 RESOLUTION 2017-216: REAPPOINTING EILEEN ARSENAULT TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD WITH TERM EXPIRING ON OCTOBER 1, 2020 Item #16K8 RESOLUTION 2017-217: REAPPOINT BOTH PATRICIA SPENCER AND FLORENCE “DUSTY” HOLMES TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE WITH ERMS EXPIRING ON OCTOBER 6, 2021 Item #16K9 RESOLUTION 2017-218: REAPPOINTING JEFFREY S. CURL TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE WITH TERM EXPIRING ON OCTOBER 13, 2021 Item #16K10 RESOLUTION 2017-219: DECLARING A VACANCY ON THE BLACK AFFAIRS ADVISORY BOARD Item #16K11 RESOLUTION 2017-220: ESTABLISH THE COLLIER COUNTY AD HOC SENIOR ADVISORY COMMITTEE, FOR AN INITIAL TERM OF ONE YEAR, TO ASSIST THE BOARD OF COUNTY COMMISSIONERS IN COMPILING AND IDENTIFYING ISSUES AS THEY RELATE TO THE SAFETY AND WELL BEING OF November 14, 2017 Page 279 SENIOR CITIZENS IN COLLIER COUNTY Item #17A ORDINANCE 2017-43: ORDINANCE AMENDING ORDINANCE NO. 14-24, AS AMENDED, THE BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), TO APPROVE AN INSUBSTANTIAL CHANGE TO THE MPUD TO REDUCE THE MINIMUM LOT AREA AND MINIMUM LOT WIDTH FOR SINGLE FAMILY DETACHED DWELLING UNITS, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL, CONSISTING OF 21.7± ACRES [PDI-PL20170002630] Item #17B RESOLUTION 2017-221: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 p.m. November 14, 2017 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL 410 /&d ,d, 4,/zL,PENNYI'AYHAIRMAN ATTEST DWIGHT E. BROCK, CLERK ,-Abh, ,t,„, i .? , C ei Att ; :' 41403's«, ; L siren ,�� ;: .� _ , :: These minutes pproved by the Board on ( al I3-- , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 280