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Agenda 10/09/2018 Item # 2C10/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: September 11, 2018 - BCC/Regular Meeting Minutes Meeting Date: 10/09/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 09/27/2018 7:58 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 09/27/2018 7:58 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 09/27/2018 7:58 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM 2.C Packet Pg. 14 September 11, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 11, 2018 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: Andy Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations September 11, 2018 Page 2 MR. OCHS: Mr. Chair, you have a live mic. CHAIRMAN SOLIS: Good morning, everyone. Thank you for being here on September 11th, 2018. It's a day of remembrance, I think, for everyone here. And so today we'll begin with something a little special. So please rise for today's invocation to be given by Pastor Eric Hausler of Christ the King Presbyterian Church and chaplain at the Collier County Jail, and then remain standing as the Honor Guard of the Collier County Sheriff's Office presents the colors and then leads us in the Pledge of Allegiance and tribute to the lives lost in the terrorist attack 17 years ago today on September 11th, 2001. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR HAUSLER: Before I pray, I want to read from the Bible, first Timothy, Chapter 2 says what we're doing here is a good thing to pray for those who rule over us. It says, "I urge that supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, Godly and dignified in every way. This is good, and it is pleasing in the sight of God." Let's ask God's blessing and thank him for his mercy. Let us pray. Our gracious heavenly father, we bow before you and we pray to you on this very memorable day, September 11th. Oh, Lord, we pray that you would have mercy on all who are gathered here. We thank you for our Board of County Commissioners and their staff and all who are in positions of authority here in our county and September 11, 2018 Page 3 city. We pray you have mercy on them and give them wisdom that we might live quiet and peaceful lives here raising our families and living our lives in this wonderful country of freedom. We thank you, oh, Lord, for the protection you gave this county in Hurricane Irma's path, which could have been so much worse, just one year ago. We thank you that you had mercy on us and that the flood surge didn't come as was predicted. We do remember the day 17 years ago when our country was attacked. We pray for those who are still suffering and grieving, that you would have mercy on them and comfort them. We do continue to pray for peace and for protection for this great land. We remember today those who are in the path of the Hurricane Florence. Lord, watch over, protect, and guard and keep them, and we pray that you would turn this storm. We know you are able. We pray for our country and for this beautiful part of our country in Southwest Florida, you'd have mercy on us. We pray for our first responders, our law enforcement personnel, those in the jail who protect us, and we pray, Father, that you would have mercy on all those in authority enforcing our laws, that we, again, might live quiet and peaceful lives. We ask for your blessing on this meeting, that everything would be done with faithfulness and also with peace and respect for one another. We thank you, oh, Lord, for all your mercies to us and ask for your blessing on us this day. We pray in Christs' name. Amen. Item #1B The Honor Guard of the Collier County Sheriff’s Office – Presented the Colors and led the Pledge of Allegiance in tribute to the lives lost September 11, 2018 Page 4 on September 11, 2001. (The Honor Guard presented the colors, and the Pledge of Allegiance was recited in unison.) CHAIRMAN SOLIS: Thank you to the Sheriff's Honor Guard for being with us today to honor the lives of the civilians and first responders lost on 9/11 and also the lives of our servicemen and servicewomen lost in Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom. So, thank you. 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 MR. OCHS: Good morning, Mr. Chairman and Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of September 11, 2018. The first proposed change is to move Item 17G to become Item 9D on your advertised public hearing items. This is a recommendation to adopt a non-ad valorem assessment for extension of county water service to an area in Pine Ridge Estates. That is moved at the staff's request. The next proposed change is to move Item 16E6 from the consent agenda to become Item 11B on the regular agenda. This is a recommendation to approve a joint purchasing agreement with the federal and state governments. This is moved at Commissioner September 11, 2018 Page 5 Taylor's request. And the last change, Commissioners, I'm going to pull an audible and ask that we leave on today's consent agenda. We had received a communication from the mayor of Everglades City last evening suggesting that there may be a subsequent step here, but I think the current agreement is flexible enough to handle what we want to do under this item and deal with his subsequent request at a later board meeting. So based on that clarification from the mayor and the staff, I'd like to just leave 16C11 where it is today, please. Those are all the changes I have, Mr. Chairman. CHAIRMAN SOLIS: Okay. Any disclosures, ex parte on the consent agenda? Commissioner McDaniel. COMMISSIONER McDANIEL: Only on the -- near as I can tell, no on the consent. CHAIRMAN SOLIS: And, Commissioner Fiala, would you like to say something about this? COMMISSIONER FIALA: Yes, then I can take them down. Thank you. I just wanted you to see these books. We all read all this material in here. But when we carry a tablet around, you can't see how much material we have to go through for a meeting, and I just thought the audience might be interested to see that. This is what it looks like in written form. That's all. Thank you. COMMISSIONER McDANIEL: Now you may sit. CHAIRMAN SOLIS: So any ex parte? COMMISSIONER FIALA: Yes, I do. CHAIRMAN SOLIS: On the consent. COMMISSIONER FIALA: On the consent agenda, I have one thing that I want to, I think -- I'm looking for it now. I think it was 16B11, and -- no, no ex parte on the -- September 11, 2018 Page 6 COMMISSIONER McDANIEL: How did I end up with this job? COMMISSIONER FIALA: Because you look like a packhorse? No. COMMISSIONER McDANIEL: Strong back, weak mind. COMMISSIONER FIALA: On 17A -- on the summary agenda, right? CHAIRMAN SOLIS: Yes. COMMISSIONER FIALA: On 17A, this subject is the Pine Ridge Road/Whippoorrwill Lane subject, and I received emails on that. And, also, I spoke with members of the team that is putting this on in the first place. Should I name them or just -- Okay. And then same with the Bayfront Gardens located in South Bonita Beach, I have nothing on that except that there was a staff report on that. 16A -- no. I'm sorry, I don't have that. 16, no, not -- no, that's it. I've got the rest of them on the other agenda. Thank you. CHAIRMAN SOLIS: Okay. Thank you. COMMISSIONER FIALA: Thank you for putting up with me. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Nothing on consent and nothing to declare. 8A and 9B I'll declare at the time. CHAIRMAN SOLIS: Commissioner Saunders? COMMISSIONER SAUNDERS: I have no disclosure on the consent agenda and no changes to the agenda. CHAIRMAN SOLIS: Okay. Is there a motion to approve the consent agenda? COMMISSIONER McDANIEL: So moved. MR. OCHS: Mr. Chairman? MR. MILLER: Mr. Chairman, I have a speaker on a summary agenda item. CHAIRMAN SOLIS: Yes, sir. September 11, 2018 Page 7 MR. MILLER: Item 17F, Martha McKee. Ms. McKee. MR. OCHS: Commissioners, 17F, for the record, is a recommendation to adopt a resolution expanding the Collier County Water/Sewer District service area to coincidence with the unincorporated area per Florida Statute. MS. McKEE: Good morning. Thank you for hearing me out today. My name is Martha McKee. I live in Golden Gate Estates. I don't have to tell you what a unique area that is. It's rural, and it's affordable. And when we perceive a threat to our area, we react to it. But there was a misunderstanding over Item 17D -- 17F, rather, and I really think that we need to be careful, you guys need to be careful. I know you don't do this specifically, but whoever puts out these public notices needs to be aware that sometimes the language can incite misunderstanding, and in this case it did, because it talked about moving sewer and water to the unincorporated areas, and we in the Estates reacted to that. After I spoke with Mr. McDaniel's office, I realized that it was for specific areas only. If that had been in the original notice, it would have alleviated a lot of confusion and misunderstanding, and the nerves were raw from the stormwater fee. I taught English for 40 years, and this notice fails the clarity test. It's just not clear. Had it been clear and specific, no one would have overreacted to this. Again, thank you, Mr. McDaniel's office, for clarification, but it was a red flag. And when you wave a red flag in front of a bull, it's hard to stop the bull. We appreciate -- I appreciate the work that you do. You have a huge job to do, and I understand that, but we're very protective of the Estates, and clear understanding of what's going on is so, so important. We're happy with our Publix and our CVS, but we don't mind September 11, 2018 Page 8 driving a few miles to get to a strip mall. The changes in the road, I don't -- I'm getting a bridge at the end of my road. I don't want it. I don't want the extra traffic, but I understand the need for safety and the greater good. So information is so important. And if anything has come out of the last week or so -- the couple of weeks, it's been this: We have learned a path to your door. We're more aware, and we want to be more informed. Thank you. MR. MILLER: That is all, sir. CHAIRMAN SOLIS: Do we have a motion to approve the consent and summary agenda? COMMISSIONER McDANIEL: Already did it. COMMISSIONER TAYLOR: So moved. COMMISSIONER McDANIEL: We already did it. CHAIRMAN SOLIS: You did? Okay. There's a second? COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: I just wanted to say, before we vote, on 16D19 I will be voting no on that. CHAIRMAN SOLIS: Okay. And I may have been remiss, but I have nothing to declare on the consent agenda and summary agenda either, so. There is a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) September 11, 2018 Page 9 CHAIRMAN SOLIS: It's approved. September 11, 2018 Page 10 Item #2B, #2C and #2D APPROVAL OF THE JUNE 21, 2018 – BCC/BUDGET WORKSHOP MEETING MINUTES; JUNE 26, 2018 – BCC/REGULAR MEETING MINUTES AND THE JULY 10, 2018 – BCC/REGULAR MEETING MINUTES – APPROVED AS PRESENTED MR. OCHS: Mr. Chairman, Items 2A1, 2, and 3 are approval of the June 21st, 2018, BCC budget workshop meeting minutes; the June 26th, 2018, BCC regular meeting minutes; and the July 10th, 2018, BCC regular meeting minutes. CHAIRMAN SOLIS: Is there a motion to approve? COMMISSIONER TAYLOR: So moved. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Minutes are approved. Item #3D1 AWARDS AND RECOGNITION – EMPLOYEE OF THE MONTH – PRESENTED September 11, 2018 Page 11 MR. OCHS: That takes us to Item 3D1 on today's agenda. This is a recommendation to recognize Duane Neil, Senior Programmer Analyst, Engineering and Project Management, with our Public Utilities Department, as the July 2018 Employee of the Month. Duane, if you'd please step forward and receive your award. (Applause.) CHAIRMAN SOLIS: I'm going to fist bump everybody since I've got the bug. MR. OCHS: Duane, stand there and get a picture. I'll tell the audience about you. Back up a little bit. There you go. CHAIRMAN SOLIS: Back up. MR. OCHS: There you go. Stay there. Commissioners, Duane's been with our Public Utilities Department since 2012 working in our system's engineering division. He's distinguished himself throughout his career with Public Utilities as a knowledgeable and highly skilled resource in the management and support of our supervisory control and data acquisition system. That's referred to as the acronym SCADA. Those are those antennas you see at all these pump stations where they are able to electronically monitor the performance of those systems. Duane has developed designs for these SCADA systems and has created a bill of materials, procured equipment, and installed the equipment, all of it at two of our largest wastewater plants. He's also taken the initiative to create custom reports from our SCADA data located in our servers, and these reports help our water reuse and our wastewater engineers in their permit reporting as well as managing the systems to operate more efficiently. These are just a few of the reasons that Duane is so deserving of this award. And it's my honor, Commissioners, to present Duane Neil as your July 2018 Employee of the Month. Congratulations, Duane. September 11, 2018 Page 12 (Applause.) Item #4A PROCLAMATION DESIGNATING SEPTEMBER 13, 2018 AS HUNGER ACTION DAY IN COLLIER COUNTY. ACCEPTED BY MIRIAM PEREIRA, DIRECTOR OF DEVELOPMENT, HARRY CHAPIN FOOD BANK MR. OCHS: Mr. Chairman, that moves you to Item 4, proclamations. Item 4A is a proclamation designating September 13, 2018, as Hunger Action Day in Collier County. To be accepted by Miriam Pereira, Director of Development with Harry Chapin Food Bank. If you'd please step forward and receive your proclamation. (Applause.) CHAIRMAN SOLIS: In the middle. There you go. MS. PEREIRA: Thank you. MR. OCHS: Congratulations. (Applause.) MS. PEREIRA: I just wanted to thank you all very much for supporting the work of the Harry Chapin Food Bank in Collier County and helping us feed our neighbors in need. You-all were -- have always been very supportive of the food bank and our work to help feed working poor families and children and seniors in our community. So thank you very much. (Applause.) COMMISSIONER TAYLOR: This was in the paper today. This is in the Naples Daily News. This is the day or the week after Hurricane Irma where folks are lining up to be fed from the Harry Chapin Food Bank. September 11, 2018 Page 13 MR. OCHS: Well done. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR SEPTEMBER 2018 TO DRIFTWOOD GARDEN CENTER & FLORIST. ACCEPTED BY CRAIG HAZELETT, OWNER, AND HIS FAMILY. ALSO ATTENDING IS BETHANY SAWYER FROM THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: That moves us to Item 5A. This is a presentation of the Collier County Business of the Month for September 2018 to Driftwood Garden Center and Florist. To be accepted by Craig Hazlett, Owner, and his family. Also attending is Bethany Sawyer from the Greater Naples Chamber of Commerce. If you'd please step forward. (Applause.) MR. OCHS: Congratulations. CHAIRMAN SOLIS: I'm not shaking hands today. I've got the cold. Thank you. (Applause.) MR. HAZLETT: I just want to thank the Board of County Commissioners for taking time out of their busy schedule to recognize us and Bethany and the Greater Naples Chamber of Commerce as well. It's actually my parents and my brother and brother-in-law and I that run the family business. It started 34 years ago with my parents and a handful of people -- employees, I should say, and now we're up, between our two locations, of over 100 employees. And we're just blessed and thankful for the Naples community. We love our area that we're in. It's only -- we're in just such a paradise September 11, 2018 Page 14 here, and we're grateful to give back to the community in any way that we can and enjoy our opportunities to work with the chamber. So thank you again for your time. (Applause.) CHAIRMAN SOLIS: Wonderful place. COMMISSIONER FIALA: It is. COMMISSIONER TAYLOR: What's on sale this week? You had orchids a week ago or something, right? MR. HAZLETT: Yeah. There were orchids. Last week was firebush. I'm not sure what the plant of the week is. But we always have good things. COMMISSIONER TAYLOR: Thank you. Item #5B PRESENTATION OF THE FLORIDA DEPARTMENT OF HEALTH’S 2018 HEALTHY COMMUNITY CHAMPIONS AWARD TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. PRESENTED BY STEPHANIE VICK, ADMINISTRATOR, FLORIDA DEPARTMENT OF HEALTH IN COLLIER COUNTY ALONG WITH HER STAFF REGGIE WILSON AND JENNIFER GOMEZ. JOINING COUNTY COMMISSIONERS IN ACCEPTING THE AWARD ARE DR. ALLEN WEISS; BLUE ZONES PROJECT REPRESENTATIVES DEB LOGAN, JESSICA CRANE AND RAE WOODS; AND COLLIER COUNTY GOVERNMENT REPRESENTATIVES LEN GOLDEN PRICE, JEFF WALKER AND KAREN EASTMAN – PRESENTED MR. OCHS: Item 5B is a presentation of the Florida Department of Health's 2018 Healthy Community Champions Award to the Collier September 11, 2018 Page 15 County Board of County Commissioners. To be presented by Stephanie Vick, administrator, Florida Department of Health in Collier County, along with her staff Reggie Wilson and Jennifer Gomez. Also joining in today's presentation are Dr. Allen Weiss, Blue Zone's project representative Deb Logan, Jessica Crane, and Ray Woods, and Collier County Government representative Len Golden Price, Jeff Walker, and Karen Eastman. If you'd all step forward and be recognized. (Applause.) MS. VICK: Good morning. COMMISSIONER TAYLOR: Good morning. CHAIRMAN SOLIS: Thank you very much. I'm trying to keep everybody healthy, so I'm not shaking hands today. How's that? Yeah, I got the thing, so I'm trying to keep everybody healthy. COMMISSIONER McDANIEL: How come your finger's in front of the lens? She moved. MR. WILSON: Good morning. I'm Reggie Wilson, the Healthy Communities Coordinator at the Florida Department of Health in Collier County. With me here is Stephanie Vick, the Administrator of the Department of Health in Collier County, and Jennifer Gomez, the DOA Director of Community Health Promotions. Today we are honored to recognize Collier County as a healthy community champion. This state Surgeon General and Department of Health award recognizes governments who develop policies and environments to improve the health of their communities. With us today are our partners: Deb Logan, Jessica Crane, Ray Woods with the Blue Zones project; Dr. Weiss for NCH; Karen Eastman, Jess Walker, and Len Price from Collier County representing the collaborative effort that makes this great work possible. It's impossible to overstate the county's contribution to the highest Gallup Well-being Index metro area scores for a third straight year. September 11, 2018 Page 16 The healthiest and happiest place to live in America has some of the most robust community partnerships protecting, promoting, and improving the health of its residents. As one of 46 Florida communities recognized, Collier County has nearly 30 state-recognized best practices for public health in all policies. These policies influence residents' physical, nutritional, and mental health by providing access to physical activity, healthy, affordable, and culturally appropriate foods, and healthcare. I'd like to highlight Collier County's work with their metropolitan planning organization, transportation and planning sections, and Community Redevelopment agencies to identify opportunities to improve the safety and health of pedestrians in our county. Allocating Community Development Block Grant funds to the Immokalee CRA supports efforts like the sidewalk project, which encourages active lifestyles by making it easier and safer for pedestrians to move naturally throughout the community. Earlier this year Collier County also received the $13 million federal TIGER grant for planned transportation improvements in Immokalee. For all your excellent work and continued support in making the healthy choice easier to access, we are proud to present the Board of County Commissioners with this 2018 Healthy Community Champion recognition certificate. Thank you. MS. VICK: Don't forget, get your flu shot. CHAIRMAN SOLIS: Should have reminded me a couple of days ago. MR. OCHS: They don't work retroactive. CHAIRMAN SOLIS: Right, they don't work retroactively. COMMISSIONER TAYLOR: So the burning questions is, County Manager, when is our exercise area becoming ready for use? MR. OCHS: Soon. Hopefully by end of the year, January, that September 11, 2018 Page 17 time frame. COMMISSIONER TAYLOR: Good. MR. OCHS: We look forward to it. We'll let you know as soon as we're ready. Thank you. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that moves us to Item 7 this morning, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, I have five registered speakers for this item. Your first speaker is Garrett Beyrent. He will be followed by Jason Shook. COMMISSIONER McDANIEL: What kind of prizes he's bringing us today? Another prize? CHAIRMAN SOLIS: This is quite the trophy, complete with duct tape and everything. MR. BEYRENT: That's right. CHAIRMAN SOLIS: I'll set it right here. MR. BEYRENT: This is the second time -- for the record, I'm Garrett Beyrent. I went over to award Commissioner Solis a trophy over at the Orange Blossom library. He was the only guy there, and three policemen, right? And I brought him the trophy because -- on the bottom it says why I'm giving him the trophy. Basically, he believes that the jail is full of people that need to be in institutions for medical, social, actually -- CHAIRMAN SOLIS: Mental health. September 11, 2018 Page 18 MR. BEYRENT: DLC, right. And jail is not a place for people that have mental illness. DLC is, so -- and, unfortunately, then I realized I can't give him an award that costs over $7, so -- and I thought, well, where am I going to get a really cheap award? CHAIRMAN SOLIS: Four dollars. COMMISSIONER McDANIEL: Four dollars. MR. BEYRENT: Four dollars? You reduced it. Okay. Well. CHAIRMAN SOLIS: You've got to take this part off? MR. BEYRENT: Yes, you do. No, seriously, I actually went -- I said, where am I going to get an award for $7? I thought it was $7, so I went to Allen Weiss' thrift store, which I call the White Elephant, and I got that big trophy for $2. I left the sticker on it, right. Then I thought, now I've got to spend another $5 to make it $7. So I went to the Goodwill, and I found -- Solis is solar, right? And that's the sun God of the Aztec nation, and you're actually -- your grandfather was from Cuba. Uh-huh, right? And bottom line is that was $5, the Aztec sun god, so I taped it to the top of your $2, and I rounded it out to an even $7, so -- and it's heavy. You can disconnect it now. But I rode the bus here. I broke off the top of it. When I was trying to load my bicycle to the front of the CAT bus, I dropped the statue. So anyhow, long and short is the serious subject really is, if you read the bottom of the trophy, that's actually taken out of the Naples Daily Newspaper. It's not fake news. It says, essentially, that Commissioner Solis is supporting a logical use to our facilities. CHAIRMAN SOLIS: Do you want me to read it? MR. BEYRENT: Yeah, go ahead. Read it. CHAIRMAN SOLIS: It's a quote from the newspaper that says, "A jail is not a mental-health facility. We just don't seem to do anything about it other than shake our heads. There's nothing September 11, 2018 Page 19 preventing," referring to the shooting in Lee County, "like that happening here." That's what I said. MR. BEYRENT: And I still voted for Brad. I don't know what's the matter with me. Thank you very much. That's three minutes, right? CHAIRMAN SOLIS: That's it. MR. BEYRENT: Four dollars? Four dollars. CHAIRMAN SOLIS: Four dollars. MR. BEYRENT: Geez. COMMISSIONER McDANIEL: And we'll waive the -- MR. BEYRENT: Give me a break. CHAIRMAN SOLIS: You'll have to modify it then. MR. BEYRENT: Yes. That would be nice. Keep the top. Throw the rest away. COMMISSIONER McDANIEL: The ethics complaint, we won't file one. So we'll let it ride. It's all subjective valuation anyway. MR. MILLER: Mr. Chairman, I regret to inform you I made an error already today. Jason Shook wanted to cede his time to Robert Popoff, who is your next speaker. Robert Popoff. MR. POPOFF: Which side? MR. MILLER: Either side, sir. He's also been ceded additional time from Alex Popoff. Is Alex Popoff present? Thank you. He will be followed by Michael -- or he will be followed by Michael Lloyd. CHAIRMAN SOLIS: Just one last thing. Thank you, Garrett. It's my first award, so I appreciate that. That's enough, though. MR. POPOFF: That was brilliant. Chairperson Solis, Commissioner Fiala, nice to see you, Mr. McDaniel, Ms. Taylor, and Mr. Saunders, pleasure to have you -- our pleasure to be here. Thank you. Thank you for having me. Although people have ceded their time for me, I assure you I will be no more than four minutes. I'm here to speak about a topic that September 11, 2018 Page 20 many of us in Collier County and the state of Florida and United States and even worldwide are very passionate about. I'm going to cover a few key points regarding the Florida Legislation with respect to medical cannabis, some facts and statistics regarding -- and moving forward with dispensaries in Collier County. As you are aware, the vote to pass Amendment II to legalize medical marijuana passed by a supermajority of 71 percent in the state of Florida; 71 percent. Oh, no. Okay. I brought backup just in case technology doesn't work. So that was a statewide pass, and 65 percent in Collier County voted to make medical marijuana legal for patients in need of an alternative to a myriad of very dangerous overprescribed meds, some addictive drugs like opioids and benzodiazepine. It's truly a travesty and, frankly, embarrassing for us Floridians that Florida's already spent over 1.9 million in legal expenses, and the office of medical marijuana has requested several additional million dollars out of session because their expenses -- their legal expenses were too high. And it seems to me I've heard that these are the people you're waiting to give you guidance regarding dispensaries in Collier County. Thank you, Commissioner. Medical cannabis has a place in healthcare. We all know that. I don't think anyone in this room would deny that. I've seen it firsthand, as my son is a disabled veteran. He was prescribed a cocktail of dangerous prescription medications, some of which contraindicated each other. His life has changed for the better because of medical cannabis. I'm not suggesting that marijuana is a cure-all, but it can effectively treat maladies and ease the pain and challenges ranging from both Crohn's disease, seizure disorders, Parkinson's, cancer, and PTSD. September 11, 2018 Page 21 We should be forging therapeutic partnerships with these dispensaries, not alienating them. Truth is, marijuana's going to become more and more mainstream whether we like it or not, and most definitely it's going to outlive Attorney General Jeff Sessions, this county, and everyone in this room. As such, you have an opportunity to lead the way of postponing meaningful discussion and voting at six-month intervals for someone to direct you. There's a difference between delaying a vote. And I've sat behind that dais, among others, as you know. I know it's not easy. But delaying positive action to just kick the can to further procrastinate the vote is unacceptable. You've already been given all the directions you need regarding this. Look to Fort Myers where there's only two dispensaries and a highly populated City of Orlando that only has five dispensaries. Have each of you -- I don't expect an answer, but have each of you visited a dispensary? Have you spoke with family and friends who benefit from cannabis and would benefit from conveniently located dispensaries in Collier County? If you haven't been to a dispensary, I feel you'd be pleasantly surprised how professionally they're run. I feel, I suspect even, that you'd be likely to run into someone you know in the waiting room. Perhaps your neighbor's made a trip from Collier to Lee to obtain their meds to alleviate the horrible side effects of chemotherapy. You may see a young child there, one who played on a flag football team I coach with my daughter who's there to pick up her meds with her parents for seizure disorders, or the person sitting next to you may be a veteran waiting to get their meds to treat Parkinson's or PTSD. The dispensaries are filled with your constituents. They are the 65 percent. Also noteworthy, many cannot make it to the dispensaries and rely on an inconsistent and undeliverable dispensary delivery program. September 11, 2018 Page 22 Commissioner Saunders, I, too, am too late for the flu shot. You've been voted into office to make the difficult decisions, which you've all done, not to overthink them or continue to continually delay them. Listen to your constituents and make a decision. Collier County has a large population of veterans and elderly. If we say we care for them, let's show them. We cannot let irrational fear of recreational adult use marijuana, which exists anyway, prohibit the medical dispensaries from becoming allowed. I humbly ask you to keep an open mind. We were socialized with an archaic reefer madness mentality. Please look at the facts and take away any preconceived notions of what dispensaries would bring to Naples. Dispensaries would bring convenience to those who are suffering, as delivery is not a viable option in many cases. And a dispensary or two in Naples would show that you are listening to your voters. As former chairman of Marco Island City Council and having sat on numerous boards throughout Collier County, I understand you want to do the right thing. You've indicated that in previous meetings, that you want to educate yourself and look to the state for direction. Have you done your due diligence? Certainly, the state will not be providing any more guidance. The state has their own issues, as they are subject to the subject of numerous lawsuits regarding their inaction and misinterpretation of this legislation. As Benjamin Franklin said, those who would give you essential liberty to purchase a little temporary safety deserve neither liberty nor safety. I understand and to a degree applaud you for taking baby steps, but I also ask you to look at the broader picture. People, your constituents, are suffering and being unnecessarily inconvenienced simply for what you perceive to be an extra ounce of safety, yet your September 11, 2018 Page 23 interpretation is misplaced. By banning dispensaries, you are taking away patients' essential liberty and creating barriers to access solely to provide a false feeling of safety. Excuse me. Ironically, dispensaries are innocuous and a lesser risk than the pharmacies dispensing opioids on every corner. In fact, according to numerous studies, which have already been provided to you, the liberal allowance of medical marijuana dispensaries directly relate to a decrease in opioid use and prescriptions. Collier County has the ability and need to allow dispensaries. This doesn't mean a dispensary on every corner. This means one or two. This commission has spoken and will continue to speak until dispensaries are allowed. You can only prevent the inevitable so long. Where is the logic? And more so, where is the compassion? With proper education, oversight, regulation, and a control wage forward, this commission has the ability to benefit so many in need. Thank you so much for your time. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: If I could make a quick comment in reference to that. When this issue came up, I believe in the spring, we directed staff to bring this back in six months. I'm not sure when that six months is. I believe it will probably be October, maybe November. MR. KLATZKOW: It's coming back. I mean, we've prepared the executive summary. I'm not sure if it's the next meeting or the following meeting, but -- COMMISSIONER SAUNDERS: I just wanted the speaker and the folks that are here on that issue to understand that the issue is coming back. I do not believe we will get any further guidance from the State of September 11, 2018 Page 24 Florida. They've had a couple years to answer questions that many cities and many counties have asked. Their response has been a deafening silence, and I think that's going to continue to be the case. So this issue's going to come back in October. There will be a vote. I don't know if it will pass or not, but there will be a vote on the issue rather quickly. COMMISSIONER McDANIEL: Just -- oh, I've got to hit my little button. CHAIRMAN SOLIS: Hit your button. COMMISSIONER McDANIEL: How'd it work? Did it work? CHAIRMAN SOLIS: Yes. COMMISSIONER McDANIEL: Just so you know, Commissioner Saunders, I have been working on this issue. As you know, I've regularly supported allowance of the dispensaries and the like all along. I actually went and met with our state representative three weeks ago and have suggested some language changes to the current statute because I feel it compromises what the electorate, in fact, voted for. And one of the suggestions that I made was the statutory preemption, because basically the way they wrote the statute was you will either ban them or do the way -- do them -- allow them the way we say. And I made a suggestion that they set those statutory preemptions, as opposed to impositions as to where they have to be, as the minimum to allow, then, local municipalities the right to -- because it's our -- that's part of our job is to protect our citizenry and the like. So to adjust that language to set those statutory preemptions as the minimum, and then if we chose to allow for dispensaries, limit the number, the locations, you know, a thousand feet from a school or church in lieu of 500 feet and the like, then when we could allow for those things and still accommodate the electorate with regard to the constitutional amendment so -- and that met with positive head nods. September 11, 2018 Page 25 We've still got to get it through the legislation and the like. And when I come forward with the language, I'll be happy to share it with you just so, if you're of like mind, you can help me support that. COMMISSIONER SAUNDERS: Mr. Chairman, just another quick comment. There are dispensaries in Lee County. I understand that you cannot go into a dispensary unless you have a prescription. They're very highly controlled; however, perhaps one of our staff folks can make arrangements to visit one of the dispensaries. I'm sure that -- if you're going there as an official just to see how they operate, I'm sure that you can make some arrangements to get into one of them. So I'm kind of looking at the County Attorney. I would like to have at least some understanding of how they operate. And I will tell you, just full disclosure, I did visit a dispensary in Colorado a couple years ago. It was not -- it wasn't recreation marijuana. It was a medical dispensary, and I could not get in. But I was curious as to how they operated. But they are -- from what I saw, they're very secure, and they are very careful about who they let into those facilities. So I don't know if someone from our staff can make a -- pay a visit, see what they look like, maybe give us a picture of what they look like from the outside, but let's have a little bit more information available to the County Commission when this comes back in October. MR. OCHS: Yes, sir. MR. MILLER: Mr. Chairman, I had one final speaker registered for public comment. Michael Lloyd. MR. LLOYD: Hi. Good morning, everyone. Good morning, Commissioners. I'm Michael Lloyd. I am the Postmaster here in Naples, Florida. I wanted to introduce myself to you-all, put a face with a name. I try to visit meetings in the county. So I represent many of your ZIP September 11, 2018 Page 26 codes, and I just wanted to kind of say hi to you-all. Good morning. I'm new to Naples. I'm an East Coast guy in Florida, they call it. But, more importantly, I've been here a few months, and I'm just getting an opportunity to meet the people in the community. We're all public servants. I am a public servant. So I just want to make sure that we know who each other are, and we can work together for any of your concerns. So that's all I have for you. I just want to say good morning and thank you for your time and thank you for the hard work that you-all do in this county. It's a beautiful county, and I appreciate all that you do for it, all right. Thank you. That's all I have. Thank you. COMMISSIONER FIALA: Can I just say something? CHAIRMAN SOLIS: Yes. MR. LLOYD: Yes, ma'am. COMMISSIONER FIALA: Mr. Lloyd, thank you so much for coming. I believe that this is the first time I've ever met a postmaster before. You go into the post office, but the doors are always locked, and you can't really, you know, find anybody there, and it's hard to get ahold of them telephonically. So it was wonderful that you actually initiated this to come out and meet with us, because, occasionally, we have requests of the post office. Like, for instance, they want an extra post office or something like that, but we didn't know how to get ahold of anybody, so thanks for being here. COMMISSIONER McDANIEL: There he is. MR. LLOYD: Well, I'm the new sheriff in town, so if it helps, you can reach me at my office or email me. Email is the best way to go. And my staff has reached out to all of you, so I do appreciate it. Thank you very much. Have a great afternoon. MR. MILLER: That was your final registered speaker for public comment. September 11, 2018 Page 27 Item #8A RESOLUTION 2018-153: GRANTING A PARKING EXEMPTION, TO ALLOW OFF-SITE PARKING ON A CONTIGUOUS LOT ZONED RESIDENTIAL SINGLE FAMILY (RSF-4) AND REPEAL RESOLUTION NO. 09-152, RELATING TO A PRIOR PARKING EXEMPTION. THE SUBJECT PROPERTY IS LOCATED BETWEEN ROSEMARY LANE AND RIDGE STREET, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. (PL20170002684) – ADOPTED MR. OCHS: Mr. Chairman, that takes us to your Board of Zoning Appeals, Item 8A. This item has been continued from the July 10th, 2018, BCC meeting. This item also requires ex parte disclosure be provided by commission members, and all participants are required to be sworn in. And it's a recommendation to adopt a resolution of the Board of Zoning Appeals of Collier County, Florida, granting a parking exemption to allow off-site parking on a continuous -- excuse me -- contiguous lot zoned residential single-family RSF4, and repeal Resolution No. 09-152 relating to a prior parking exemption. The subject property is located between Rosemary Lane and Ridge Street in Section 22, Township 49 south, Range 25 east in Collier County, Florida. Ex parte, sir. CHAIRMAN SOLIS: Ex parte, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I've had meetings and emails regarding this subject. COMMISSIONER FIALA: Yes. I've had emails. I haven't actually met with anybody, but I've gotten quite a few emails. CHAIRMAN SOLIS: Okay. I've actually met with Josh Fruth -- September 11, 2018 Page 28 Fruth, okay, from Davidson Engineering, and I received several emails from a Mr. Brown and Ms. Gill and others. COMMISSIONER TAYLOR: I've had meetings, more than one, with the petitioner and then with Mr. Fruth. I've had telephone calls, emails from the residents around there going back to December of 2018 (sic). COMMISSIONER SAUNDERS: And I've had meetings with representatives of the petitioner, the engineering firm, and others. CHAIRMAN SOLIS: You need to swear the witness or anything? MR. OCHS: Yes, sir. Anyone who's going to give testimony, if you'd please rise. (The speakers were duly sworn and indicated in the affirmative.) MS. WEAVER: Good morning, Commissioners. My name is Anna Weaver. I'm a senior planner with Davidson Engineering. I have here Josh Fruth, Jenna Woodward, Jessica Haroldson, also with Davidson, and our Traffic Consultant, Norm Trebilcock, is also here with us if we have any questions regarding that. Today we're presenting the Sandbanks parking exemption that was continued from the July 10th commission hearing. The property is located at 3126 Tamiami Trail North within the Rosemary Heights subdivision. The area depicted in the red outlines includes the entire property, including the parking exemption area. The site is approximately 2.32 acres and is bounded to the north by Ridge Street and to the south by Rosemary Lane. Thalheimer's Jewelers is located just north of the project, and Borelli Construction is just south, as you can see on the screen. The subject property is surrounded by residential and commercial zoning, and you can see the City of Naples limits are right here in this dashed black line. The site's currently developed with an existing restaurant known September 11, 2018 Page 29 as Mr. Tequila and also this shopping center that's shown in the photos. We're proposing to demo the shopping center and build a new structure, and the restaurant is proposed to stay the same as of today. The existing conditions of the site include a lot of open-cut driveway. To the north we've got 212 feet of open driveway, to the west is 140 feet, and to the south is 147 feet of open driveway, slowing down traffic on 41. So we're proposing to completely close off access to U.S. 41. We've got 25 parking spaces shown in the parking exemption area, which is also residential zoning. We've got one access to Ridge Street and one to Rosemary Lane. The loading area will be toward the north of the site near the restaurant, and the dumpster enclosure is in the southwest corner. And all of the landscape buffers will be met with -- included is a 15-foot-wide Type B buffer with an 8-foot wall along the residential adjacent properties. So here you can see in the yellow outline is the parking exemption area, and it's within residential zoning. So here's some just elevations of the landscape buffers that you'll see. With this development to the west, facing 41 will be a 15-foot-wide Type D buffer with trees and a continuous hedge. To the south toward Rosemary Lane will be a 10-foot-wide Type D buffer with trees and a continuous hedge as well. To the east toward the residential zoning will be a 15-foot-wide Type B buffer with trees, continuous hedge, and an 8-foot wall, and to the north to Ridge Street will be a 10-foot-wide Type B buffer with trees and a continuous hedge. So now we'll move on to the traffic and parking analysis. The proposed redevelopment will generate 119 p.m. peak-hour trips, while the approved development on the site would generate 121 peak-hour trips. So our proposed redevelopment will actually decrease and is less intensive. September 11, 2018 Page 30 So when we talk about the previously approved site plan, this -- it's what you see right here. It was approved in 2009, and it includes a five-story building with 10,000 square feet of retail and 50,000 square feet of office. It also included one access to Ridge and one access to Rosemary and 63 spaces within a parking exemption area. So a parking exemption has been approved on this site. We're just proposing a new development plan and, as such, we'll request a new parking exemption. Required parking for the site includes shopping center and also the excess restaurant parking. So total required per the LDC is 103 spaces. We are pursuing an administrative parking reduction of three spaces, and that approval is contingent upon this parking exemption approval. So peak parking demands includes a demand of 94 spaces at 7 p.m. on a weekday and 84 spaces at 1 p.m. on a Saturday. And then we'll go through real quickly the conditions of approval that were a part of the June 7th staff report. So the number one is the associated APR application may not reduce minimum parking to fewer than 100 spaces. Number two is limiting the parking exemption area to the lots defined in the plan. Number three, the parking exemption area is limited to 25 spaces and for the uses of shopping center and restaurant only. Four, limited to the intensity identified on the plan. Five is that the parking within the parking exemption area will only be paved. Six, use of the parking exemption area is limited to the hours of operation with signs posted. Those hours will be between 7 a.m. and 10 p.m. And seven, the parking exemption area lighting will be no taller than 42 inches and limited to 6:30 a.m. to 10:30 p.m. September 11, 2018 Page 31 Number eight is the C-4 area lighting will be installed with shielded structure-mounted wall packs and no taller than 10 feet. Also C-4 area light -- pole lighting will be Dark Skies compliant and directed away from the residential properties. Number 10, an 8-foot-tall wall will be provided along adjacent lots within the 15-foot-wide buffer, which we discussed. And No. 11 is that no direct access from the adjacent streets will be into the parking exemption area. So these conditions and the site plan were unanimously recommended for approval by the Planning Commission. And with that, I'll take any questions. CHAIRMAN SOLIS: Are there any public speakers? MR. MILLER: No, sir. CHAIRMAN SOLIS: No public speakers? MR. MILLER: No, sir. CHAIRMAN SOLIS: Okay. Any questions? COMMISSIONER FIALA: I did have questions. CHAIRMAN SOLIS: Commissioner McDaniel was first. COMMISSIONER FIALA: Oh, good. COMMISSIONER McDANIEL: I hit my button. CHAIRMAN SOLIS: And you're good to go. Your light is green. COMMISSIONER McDANIEL: And, Ms. Anna, please forgive me, you answered this question when we met. I don't remember your response, which is why I'm asking, and that's about the direct access out of the parking exemption area onto Rosemary. That seemed to make sense to me to allow for better internal circulation for the entire site, and I cannot recall why you were proposing to not do that. MS. WEAVER: Let me just show the site plan. So you're talking about the -- COMMISSIONER McDANIEL: Yes, ma'am. That one right September 11, 2018 Page 32 there. MS. WEAVER: So one of the conditions of approval that was suggested by staff and the Planning Commission was not to allow access directly into the parking exemption area mainly because this is a residential zoning, and we don't want to set the precedent of providing access straight to a commercial development from residential on either end. So we have this access over here into the commercial zoning, and then we wouldn't be able to have one over here. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: That's it? COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I believe I read that there were no other restaurants going to be coming in, correct? MS. WEAVER: At this time we don't know the tenants will be, but they're limited to a certain percentage of restaurant space. And so the existing restaurant will max that out. I don't think there's any plans to have more restaurants in there. COMMISSIONER FIALA: Yes, that's what I thought. I just wanted to put that on the record. And it doesn't say anything about bars. Would you have a bar in there without having a restaurant? MS. WEAVER: I think that no matter what kind of use they propose, they're still going to have to meet that 100 parking spaces, and right now we're proposing just shopping center with a maximum of however many square feet of the restaurant. So I don't think -- we're not proposing a bar? No bars. COMMISSIONER FIALA: Well, that's good. Only because -- I don't mean it to say that you -- because we all happen to drop into one of them every so often, but -- COMMISSIONER McDANIEL: I don't. September 11, 2018 Page 33 COMMISSIONER FIALA: -- adjacent to this neighborhood, you know, I just thought they -- I just thought they would probably be happy to know that. MS. WEAVER: Sure. COMMISSIONER FIALA: Another thing that I wanted to ask is, how tall will the building be? MS. WEAVER: I don't think we have an exact height, but it is one story. COMMISSIONER FIALA: Okay. So -- and I had another question about that also. What -- I know this is a strange question, but what type of shopping center? Is it going to be more retail sales? I think that's what I read. But is it going to be specialized in something like healthcare things or -- MR. FRUTH: For the record, Josh Fruth, Davidson Engineering. I don't think the client has -- the developer has indicated exactly what's going to be there, but the intent is that a lot of the existing tenants will move into the new building. Peace, Love, and Little Donuts is one of the tenants. There's a few other retail-type operations, but that is the intent. COMMISSIONER FIALA: Okay, fine. Thank you very much. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Yes, thank you. And we've had many conversations, and I appreciate the willingness of the petitioner to create another plan which we're bringing out here. The neighbors are -- you have worked wonderfully well with the neighbors in terms of the protection as much as you can do, and I think you've satisfied them, certainly, with the parking on the residential area abutting -- you know, the parking abutting the residential; however, the traffic on Ridge is of great concern. Ridge Street has changed remarkably since this plan was even approved in 2009. There are more children. There are no sidewalks. September 11, 2018 Page 34 There can never be sidewalks because the road is too narrow. And the request, which you kindly developed an alternate plan, to close off the parking on Ridge Street and allow -- and you've cleared it with emergency and the Sheriff's Department. Everyone is fine with it. We haven't had it vetted by the Planning Commission, however, but I know the neighbors are very happy about Alternative 2, which I think we're bringing up from the back anyway, because I don't think it's here. Unless you have it and you can put it on the visualizer. MS. WEAVER: We can show it and quickly discuss it. COMMISSIONER TAYLOR: Okay. MS. WEAVER: So this is an alternative plan that we developed based on Commissioner Taylor's concerns. It does have an access through to the parking exemption area and no access to Ridge. We did meet with transportation and essential services, and they are willing to accept either plan. Then we discussed it with our client, and we feel that this would adversely affect the development and, unfortunately, for the residents of Ridge, this is a cut-through street, and it has been used for quite some time as a cut-through from 41 to Goodlette. And we believe that this development would not make any difference whether it's a cut-through or not or exceed the trips along Ridge because it already exists today as a cut-through. So we've decided to pursue this original plan that was submitted and reviewed by staff and the Planning Commission, and we would just like to keep with this plan today. COMMISSIONER TAYLOR: And so there is an available street down here, which I don't remember. So if you'll look, Rosemary Lane, and there is a street that is perpendicular to Rosemary that will connect with Ridge. So that is a possibility, meaning if folks want to go to the right to go to Goodlette, they can cut through that way. But we feel, as I've learned from discussing another parking challenge we have in a residential area, another traffic flow, of making September 11, 2018 Page 35 -- it's Whippoorwill Lane in particular -- not making it as convenient as possible for folks to use a street that is already overwhelmed with traffic and is, frankly, dangerous with traffic because of the inability to create -- to widen the street. It's an older street. So I'm going to bow to my colleagues. It was suggested at the beginning of this meeting by a staff member that maybe we want to have the Planning Commission vet Option 2 before it comes back to us, but at this point, I -- if that's not the case, I would like to make a motion that we accept the development but we only accept Option 2 for the parking, not the initial one presented by the developer. And, by the way, just in case you're confused completely, there's Option 2. CHAIRMAN SOLIS: There's a motion. COMMISSIONER FIALA: Would you say the motion again, please? COMMISSIONER TAYLOR: That we approve this development with Option 2 site plan which prohibits exit from -- onto Ridge Street from the development itself. That would be it. Everything else would stay. CHAIRMAN SOLIS: And I would just -- and maybe this is a question for the applicant. The concern about having direct access to the parking exemption area, which this Alternative 2 does, is inconsistent with what the Planning Commission requested. What was the concern with having that direct access? MS. WEAVER: Well, the Planning Commission didn't review nor did staff review this other alternative plan. CHAIRMAN SOLIS: Oh, okay. MS. WEAVER: So that wasn't part of our actual submittal. That was just a draft plan that we went over with Commissioner Taylor. But I think the concern came originally through staff and CCPC to say September 11, 2018 Page 36 that they didn't want the direct access from -- into the residential zoning side. CHAIRMAN SOLIS: Okay. MS. WEAVER: We would also lose a few more parking spaces, so two of the conditions that were recommended would need to be amended. CHAIRMAN SOLIS: Commissioner -- well, there's a motion made. There hasn't been a second. COMMISSIONER FIALA: I haven't seconded it because I still have some questions. So in other words, people come could come in off Ridge Street to go to this shopping center, but they can't come out of the shopping center on Ridge Street; is that what -- MS. WEAVER: No, ma'am. COMMISSIONER McDANIEL: No, ma'am. CHAIRMAN SOLIS: It's in and out. COMMISSIONER McDANIEL: Under the suggested plan, Ridge Street access is denied completely. MS. WEAVER: And in that case, I think we'd like to ask, if this would have to go back to CCPC, because this has not been reviewed. CHAIRMAN SOLIS: That's my concern. Commissioner Saunders? COMMISSIONER SAUNDERS: I know there's a -- pardon me. I know there's a motion, and there hasn't been a second. I don't support the motion, but I wanted to just -- in case there was a second and some interest in that motion, I wanted to ask our staff just real quickly concerning Option No. 2. I go down Ridge Street quite a bit. I agree with Commissioner Taylor that Ridge Street is problematic, but I don't think the solution is to negatively impact this particular development. So just a quick response from staff as to -- obviously, you've seen this, and I just want to get your opinion. September 11, 2018 Page 37 MR. SABO: Thank you. For the record, James Sabo, Principal Planning, Zoning. Commissioner Saunders, we have had an opportunity to see Option 2, but we haven't reviewed it with the Planning Commission nor thoroughly reviewed it through the zoning division. My understanding is that the access to Rosemary only, perhaps, would require a little bit more information to some of the residents along -- COMMISSIONER SAUNDERS: I understand what you've just said in terms of it hasn't been reviewed. My question is, does staff have any opinion concerning Option No. 2? MR. BOSI: Mike Bosi, Planning and Zoning Director. And as cited by the -- Anna, the agent for the applicant, staff is concerned about setting a precedent with -- the parking exemption allows for parking to be placed within a residentially zoned district, which is somewhat of an anomaly for that zoning district from a use standpoint. And, further, to -- so based upon that anomaly, the suggestion has been make sure that the access doesn't directly -- be gained within that residentially zoned property but have it squarely within the commercial setting. We are in agreement that a better arrangement is not to have that access through the residentially zoned parcels of land, and that precedent is what we're concerned about. COMMISSIONER SAUNDERS: Thank you. That's what I was looking for, just your opinion. CHAIRMAN SOLIS: No other speakers. Well, there's a motion. Has there been a second? (No response.) CHAIRMAN SOLIS: I don't think there's a second, so the motion's going to fail. September 11, 2018 Page 38 COMMISSIONER SAUNDERS: Mr. Chairman, I'll make a motion to approve the petition as presented. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and a second to approve the application as submitted and recommended by the Planning Commission. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN SOLIS: Motion carries 4-1. MR. FRUTH: Thank you, Commissioner. MS. WEAVER: Thank you. COMMISSIONER FIALA: You had said "and recommended by the Planning Commission," but it hasn't gone before them yet, right? CHAIRMAN SOLIS: No, it came. The application came -- COMMISSIONER TAYLOR: Not the second one. CHAIRMAN SOLIS: Not the second one. The first one. COMMISSIONER FIALA: Oh, okay. Thank you. Item #9A ORDINANCE 2018-42: APPROVAL OF THE SINGLE, 2016 CYCLE 3 GROWTH MANAGEMENT PLAN AMENDMENT PETITION PL20160002360, SPECIFIC TO AN ORDINANCE ADOPTING THE PROPOSED GOODLETTE/PINE RIDGE MIXED USE SUBDISTRICT AT THE NORTHEAST CORNER OF PINE RIDGE ROAD AND GOODLETTE-FRANK ROAD. (ADOPTION HEARING) – ADOPTED September 11, 2018 Page 39 Item #9B ORDINANCE 2018-43: AMENDING ORDINANCE NUMBER 99- 94, THE PINE RIDGE COMMONS PLANNED UNIT DEVELOPMENT (PUD), TO ADD 325 MULTI-FAMILY DWELLING UNITS AS PERMITTED USES IN THE COMMERCIAL DISTRICT IN THE AREAS DESIGNATED ON THE MASTER PLAN; BY ADDING DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES; BY REVISING EXHIBIT A, THE PUD MASTER PLAN AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD AND GOODLETTE-FRANK ROAD IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20160002306] (THIS IS A COMPANION TO AGENDA ITEM #9A) – ADOPTED MR. OCHS: Commissioners, that takes us to your advertised public hearings this morning. Items 9A and 9B are companion items. 9A is a recommendation to approve the single 2016 Cycle 3 Growth Management Plan amendment Petition PL20160002360. This is an ordinance adopting the proposed Goodlette/Pine Ridge mixed-use subdistrict at the northeast corner of Pine Ridge Road and Goodlette-Frank Road. The companion Item 9B is a recommendation to amend Ordinance No. 99-94, the Pine Ridge Commons Planned Unit Development, to add 325 multifamily dwelling units as permitted uses in the commercial district in the areas designated on the master plan. And, again, this project is located in the northeast quadrant of the September 11, 2018 Page 40 intersection of Pine Ridge Road and Goodlette-Frank Road in Collier County, Florida. Commissioners, before I ask you for -- to begin the hearing, I would ask Mr. Bosi to bring you up to date on some current information related to this project. MR. BOSI: Good morning, again, Commissioners. Mike Bosi, Planning and Zoning Director. First, I come here with the contrite approach in the sense that our department -- an oversight on our department created quite a stir within our administration yesterday. We received a notification from the Department of Economic Opportunity that the Growth Management Plan that's associated with the Pine Ridge Common PUD rezoning has -- was deemed withdrawn because 180 days had passed since we received notification from the DEO regarding the request. We received the request in January of -- 19th of 2018. So last month, August 17th, we were officially at 180 days. Our office failed to let the DEO know that it was going through the Planning Commission and it was scheduled for the Board on September 11th. Corresponded with them last night, a Mr. Eubanks, the Head of Plan Review within DEO; sent me an email this morning basically -- and the email's within the visualizer that -- they've acknowledged that extension to today's agenda, and moving forward with that Growth Management Plan amendment will be in compliance with Statute 163 within the Florida Statute. But I wanted to put that forward and offer an apology for the anxiety that we created within this government for that period of time. CHAIRMAN SOLIS: Any -- County Attorney, any concerns? MR. KLATZKOW: Well, if somebody wants to make an objection over this, it could be messy, but, you know, if nobody makes an objection over this or seeks to make an issue out of this, then there's September 11, 2018 Page 41 no reason not to proceed. Mr. Yovanovich, are you comfortable proceeding? I know this was no act of the applicant's. MR. YOVANOVICH: Right. I mean, what's left of my gray hair turned white this morning. But, no, we're fine with going forward. Clearly, there was an agreement to extend. And you don't meet in August, so there was no way to meet the 180-day time frame. Now that the Department of Economic Opportunity is comfortable with this, we don't have an issue with moving forward and glad that we can just go forward and have this considered today. CHAIRMAN SOLIS: Okay. With that said, we'll move into swearing witnesses, and then we'll do ex parte. MR. KLATZKOW: Yes. But does the Board wish to hear both items at the same time or separately? CHAIRMAN SOLIS: I think we should hear them both at the same time. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SOLIS: Now we'll move into ex parte disclosures. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I do -- have had meetings and emails with regard to this project. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I, too, have had emails. I've spoken with staff about it. I had a meeting with Rich Yovanovich, Wayne Arnold, David Genson, and I think that covers it. Thank you. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Emails, meetings, telephone calls regarding this issue. COMMISSIONER SAUNDERS: And I've had meetings and telephone calls, correspondence concerning this as well. CHAIRMAN SOLIS: And I as well have had meetings with Mr. September 11, 2018 Page 42 Yovanovich, Mr. Arnold, Mr. Genson, emails and correspondence from the public, and I had a call this morning from Mr. Kaufman. MR. ARNOLD: Good morning, Mr. Chairman and Commissioners. I'm Wayne Arnold, certified planner with Q. Grady Minor & Associates. With me today is David Genson from Barron Collier Companies representing the owner, Rich Yovanovich is our land-use counsel, and Norm Trebilcock has prepared our professional traffic analysis for the project. The request before you you heard earlier last year and you transmitted it to the state. That original project came forward with a request to modify the subdistrict that this project is located in under your Growth Management Plan to add a provision to allow up to 400 multifamily dwelling units. That subsequently was reduced to 375 units upon your transmittal to the state. After consideration and discussion with other potential end-users, we reduced the request at the last Planning Commission meeting to 325 multifamily units. So our Comprehensive Plan amendment language reflects the reduction to 325 multifamily apartment dwelling units. It also caps the height at four stories. The subsequent PUD amendment that is also pending would modify the Pine Ridge Commons PUD to make reference for the 325 apartments. In discussing with our nearest neighbors at Northgate Village -- you may recall several residents stood up at the first transmittal hearing -- we've had a series of ongoing dialogue with that group, and we've made some concessions, which are reflected in the existing PUD document that you have before you. First and foremost, we established a 300-foot setback for the multifamily residential from our southern PUD boundary. So from that Pine Ridge Road southern boundary, 300 feet north would be the closest that the residential buildings could be to them. We also established a limitation on any outdoor amplified September 11, 2018 Page 43 entertainment to limit that to 9 p.m., which was an attempt to address some issues they've had at another strip center east of us. So we don't want to be the nuisance, so we've established hours of limitation that are not there today for the outdoor entertainment. We've also worked with Northgate Village, our nearest neighbors to the south, and we've agreed to work with them financially to re-establish a landscape buffer that was, I guess, really diminished through Hurricane Irma, and they've been struggling to recapture that buffer, and we've agreed to help them financially to do that. So we think those were considerations that would meet well with them. We also did some line-of-sight studies to demonstrate to them that they would see minor parts of rooflines, potentially. We also did a similar sightline study from the nearest residences or vacant residences in Pine Ridge that abut Goodlette-Frank Road to demonstrate that, yes, there could be views of the four-story apartment building, but keep in mind they already have a three-story Raymond James building. We established a maximum building height of 60 feet with regard to the four-story buildings with a zoned height of 50 feet. That's sort of consistent. The original PUD was approved with a height of 50 feet. And back in the day we didn't distinguish between zoned and actual height. But it did have a height of 60 feet for any architectural structures in the existing PUD. So we think the establishment of the zoned height of 50 and an actual height of 60 is consistent and no taller than the buildings that could have been placed there today. So that's kind of in a nutshell where we were. I think we've done a good job of working with our neighbors. We had a 5-1 vote, I believe, from your Planning Commission on the Growth Management Plan approval for the adoption. We had a 6-0 approval for the PUD. We had one holdout from Planning Commission that wasn't certain that this was the right time to change your Growth Management Plan. But September 11, 2018 Page 44 we believe for many reasons that it is. And I think that -- I saw an article in the paper. Mr. Bosi was quoted this morning. I think he made a lot of our great points. I mean, this is very centrally located, a great location for market-rate apartments. We have adjacency to the Pine Ridge Middle School. You have easy access north to the Naples Community Hospital and Arthrex. You have easy access south into downtown Naples. You have access west right over to the beach. It's very centrally located. It's going to remain a mixed-use project. Right now you have a tenant mix that includes some restaurants. You have a Starbucks. You have banking opportunities. You have massage opportunities. So I think it truly could function as a mixed-use project for the convenience of the people who would reside here. And it's also on one of your CAT bus stops, and there's a cooperative agreement to allow CAT bus to come into the frontage road that exists for people. So you also now insert the opportunity for transit into the mix for people to reside here. So for a lot of good planning considerations, in my professional opinion, it makes absolutely perfect sense to allow what we're proposing on this location. So our team is here to answer any questions that you may have that I can't. CHAIRMAN SOLIS: Questions from the Commission? (No response.) CHAIRMAN SOLIS: Public speakers? I'm sorry? Oh, I'm sorry. You know, I, myself, am getting used to this new system. Commissioner Fiala. COMMISSIONER FIALA: Wait till the public speakers -- CHAIRMAN SOLIS: And Commissioner Taylor had -- COMMISSIONER TAYLOR: I just wanted to know if there is a September 11, 2018 Page 45 challenge to this, Commissioner -- or County Attorney Klatzkow, what is our timeline? What are we looking at, or do we even know if this is challenged based on the honest mistake of staff? MR. KLATZKOW: Well, if it gets challenged, you go -- there will be an administrative process and perhaps beyond that. At the end of the day, you've got a bad choice or a worse choice to make for the applicant. The bad choice is to move forward and take a risk that somebody makes an issue out of it. The worse choice is to tell the applicant, okay, it's being withdrawn, so start from the beginning, which I don't think the applicant really would want to do. COMMISSIONER TAYLOR: That's the alternative. MR. KLATZKOW: That's the alternative. You've got a bad choice and the worse choice, so I would recommend the bad choice. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Okay. All right. I was waiting for the speakers. CHAIRMAN SOLIS: Oh, do you want to wait for the speakers? COMMISSIONER FIALA: Yeah. I thought that would be a good thing. CHAIRMAN SOLIS: That's fine. MR. MILLER: Mr. Chairman, I have three registered public speakers for this item. Your first speaker is Tyler Day. He'll be followed by Robert Kaufman. MR. ARNOLD: Mr. Chairman, if I could, I misspoke. Our limitation in the PUD wasn't 300 feet from the PUD boundary. It's 350 feet. My mistake. CHAIRMAN SOLIS: Okay. Thank you. MR. DAY: I thank you for the opportunity of speaking in front of you commissioners. My name is Tyler Day. I'm a 25-year resident of the Villages of Monterey and Orange Blossom. September 11, 2018 Page 46 Having been president of Monterey Master Association and Villa Associations, I'm familiar with the excellent job you commissioners do in the review and approval process. Having spoken to you before on a number of occasions, I think shortly after the last civil war was one of them when Burt and I were about this high. But as you can see, he's grown much taller and smarter, so we should have -- and, by the way, welcome, Andy, to the group. We look forward to great things from you not only in District 2 but on the Board as well. I'm here representing the Orange Blossom/Pine Ridge Community Alliance as a cofounder some 11 years ago and current vice president of that association. The Alliance represents over 300 district homes and roughly 6,000 voters in the 11 developments on or adjacent to Orange Blossom. Our alliance mission is to address the concerns of our residents regarding the mutual benefit, safety, and environmental beauty of Orange Blossom communities. I'm here today to address the concerns regarding the Pine Ridge Commons agenda item. This proposes a zoning change that would allow for the addition of 325 rental units. We feel this is not only a bad idea but one which could substantially be harmful to local residents. I'd like to ask you to consider the following. I'll make half a dozen points or so. I know it's recorded, but if anyone wants to take some notes, they may be useful in further discussions. The original zoning for this site was three residential units per acre. That would be 90 rental or individual units on the 30 acres. The changing of the zoning to accommodate 325 rental units is excessive and could generate an additional 600-plus automobile trips twice a day that would further tax an already overburdened road intersection. The two neighborhood information meetings conducted failed to provide any visual details for the proposal for the neighborhood to September 11, 2018 Page 47 consider prior to this meeting. That's not right. It has to be more exposure, more information regarding what is actually going to happen. The placement of the structure described as a four-story over paving was not detailed at all. CHAIRMAN SOLIS: Mr. Day? MR. DAY: Yes. CHAIRMAN SOLIS: Was he ceded any additional time? MR. MILLER: I do not have that, no, sir. CHAIRMAN SOLIS: Unfortunately, your three minutes are up. MR. DAY: Okay. Let me conclude there. A number of other points, but I will wrap up here. CHAIRMAN SOLIS: Well, unfortunately, your three minutes are up. The rules are the rules. MR. DAY: Okay. Okay. The summary is that we request that this proposal not be approved. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Robert Kaufman. He'll be followed by Jason Lance Provance. COMMISSIONER McDANIEL: Been a long time since the civil war. Maybe they gave them more back then. COMMISSIONER SAUNDERS: The clocks ran a little slower back in those days. MR. KAUFMAN: Good morning, Commissioners. Robert Kaufman. What I come before you to request is a postponement of the application. This is a zoning change and the change to the Growth Management Plan, not to be taken lightly. I'm a magician, an amateur magician. I entertain my grandchildren and my children with a little slight of hand. I have a feeling that the people who are giving us the traffic study are also magicians because they are saying that by adding 650 residents, September 11, 2018 Page 48 probably two people and two cars per residence, that's going to reduce the amount of traffic, which I find real difficult to believe. So I'd like to echo my friend. We would like -- I'm not saying to deny it. I'm saying postpone it so that we have more chance to review what was not presented at the NIM meetings. And I was at the first NIM meeting over a year ago. I think it was April 27th. There's been very, very little information that's been provided to the different communities. And contrary to Mr. Arnold, Northgate Village is no closer to the site than Pine Ridge Estates is. It's across the street. One's across Pine Ridge Road. The other's across Goodlette-Frank Road. There's a fire station there. You have a school there. And I believe that adding 650 automobiles there is going to really cause a problem at that intersection. Thank you. MR. MILLER: Your final registered speaker on this item is Jason Lance Provance. MR. PROVANCE: Good morning, everyone. Thank you for taking time to allow me to speak this morning. For the record, my name is Lance Provence, Jason Lance Provence. I've been a resident of Naples and Collier County for over 20 years. I reside on Burning Tree Drive in the Northgate Village community, which is directly south of the property that we're speaking of here today. I'm also on the board of directors from the Northgate Village, and I'm speaking to you today on behalf of the entire Northgate board. As a board of directors, we've met with representative from Barron Collier on numerous occasions. They've been very accommodating with our working schedules. We all work. They've listened to our concerns and addressed those which they were directly able to. We do acknowledge we have a small voice in this project, but September 11, 2018 Page 49 we are a neighborhood that will be directly impacted by the proposed uses of the development. Based on feedback from our board mentioned at the NIM, Barron Collier's been very cooperative and incorporated several changes to the PUD that are important to our neighborhood. First of those is the buffer that's been mentioned or the setback of the southern property line where the new building would be. The number of stories for the buildings will be limited to four stories including their garage as the first level. A limitation on outdoor and amplified music during the evenings; certainly a concern for our neighborhood. A quote-unquote Mercato type development will not be planned for this project. They've provided line-of-sight studies for us, and there are a few other considerations which are still being coordinated with Barron Collier. Beyond these concerns that we've addressed with Barron Collier, we as a board and a neighborhood do still have concerns with the anticipated traffic along Pine Ridge Road and the intersection of Goodlette-Frank Road. We would ask the Collier County Commission to further study the increased traffic volume and patterns and implement a budget and plan to address this in the future. Beyond this, we would also ask the Board to consider refinements to the noise ordinance or other measures to protect neighborhoods like ours from the local restaurants turning into nightclubs with music blasting until 2 a.m. Our neighborhood is less than 150 feet away from these establishments, and although we have addressed these concerns in the past, the problem only goes away temporarily. Please help us address this issue so our neighborhood's no longer impacted, negatively impacted. Short and sweet. So thank you for your time this morning. MR. MILLER: That was your final speaker for this item, Mr. Chairman. September 11, 2018 Page 50 CHAIRMAN SOLIS: Thank you. Commissioner Fiala, you had a question? COMMISSIONER FIALA: Oh, I had a -- yes, I had a few. Number one was we discussed this before a few months back. I don't remember quite when, and at the time I really balked because all I could think of was all that traffic that's already there and then more even put onto that area, and it really concerned me. Since then they've reduced the number of units a few times, actually. It's down to three and a quarter now, right? That sounded a little bit better. But one of the most important things that sounded good to me, anyway, was that that area has been crying for housing for the workforce that is in that area, and they wanted to have something right in the hub of all of that business. And this one -- it's going to be a moderate rate. It's just a market rate, isn't it? MR. YOVANOVICH: (Nods head.) COMMISSIONER FIALA: And they don't have much of any of that around, and I thought now we're answering the need for the housing for the middle income, the teachers and so forth like that. And then I thought, I've got to step back and take a better look at this because if that is what the businesses need in the area and they're going to offer it and they've reduced the number that they have, I feel a lot better about that. I thought about this where they said reduction in traffic. I think it was you. Reduction. I thought, how could there be a reduction in traffic when there's not much of anything going on there, but I think what they meant was the potential for the traffic in that area, and then what they've done is reduced that to, I think, an acceptable amount. So I feel pretty good about this now. CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I would -- I have to September 11, 2018 Page 51 concur with Mr. Kaufman with regard to the TIS analysis. There is quite a bit of wizardry that goes into the development of that. But I would like if Mr. Bosi or Trinity would please come up and explain to us with specifics the impacts of this particular development in relationship to the current permitted uses that are there. We're all experiencing a lot less traffic because the plaza from a commercial standpoint has not been as successful as originally perceived. So I would like to hear the actual breakdown. It's been shared with me. I just want it to be said, so... Trinity or Mr. Bosi, either one. We like Trinity better, so go ahead. MS. SCOTT: Thanks, Mr. Bosi, there. For the record, Trinity Scott, Collier County Transportation Planning, your planning manager. The current approved PUD allows for 125,000 square feet of shopping center and 150,000 square feet of general office building, and the proposed PUD reduces the shopping center to 75,000 -- this is per the TIS -- 75,243. MR. OCHS: TIS stands for? MS. SCOTT: Traffic Impact Statement, sorry. The general office building, 129,099 square feet, and the Traffic Impact Statement was also done based on 375 dwelling units. Since then the applicant has reduced that, but the TIS was -- Traffic Impact Statement was developed with the higher amount. COMMISSIONER McDANIEL: And so give me those numbers again. With the existing permitted uses, the trips generated are? MS. SCOTT: The approved PUD total is 9,638 trips per 24 hours of a weekday. In the proposed PUD, it's 9,635. So it's a reduction of three over 24 hours. COMMISSIONER McDANIEL: Three? So, necessarily, it's the same from a traffic impact, so -- okay. September 11, 2018 Page 52 MS. SCOTT: Now -- and I should also state that that was based on the higher -- CHAIRMAN SOLIS: 375. MS. SCOTT: -- the 375. COMMISSIONER McDANIEL: So there is even a greater reduction than the three that was originally proposed from the Planning Commission meeting. Thank you. Got it. MS. SCOTT: Yes. COMMISSIONER McDANIEL: And there is just the other question, and this might be for the applicant or staff, either one, and that's the allowance of commercial. There is still some commercial on that site, if I'm not mistaken. It's not going to be a complete swap to -- MR. YOVANOVICH: Correct. If you look on the visualizer on the aerial, you can actually see -- this retail and office where you have the Starbucks and all that, that will all stay, this office will all stay, and then basically it would be this parcel and the old Sweetbay building parcel that would be redeveloped for multifamily use if multifamily actually occurs. COMMISSIONER McDANIEL: Thank you, sir. MR. KLATZKOW: It's -- what they're doing is they're adding residential to their approved uses. So they can still go full commercial, or they can still go a mixture. And the regulator on this in the ordinance is that they're capped at a trip count. So no matter what they do, whether it's commercial or it's residential, when you add up the trip counts for each use that they're doing, they're capped. So it's traffic neutral. CHAIRMAN SOLIS: Traffic neutral. MR. KLATZKOW: Whether they put in commercial or they put in residential, it is traffic neutral. COMMISSIONER McDANIEL: The issue I have with traffic September 11, 2018 Page 53 neutral is the enforceability is always after the fact, and it's in a reactionary standpoint. And we have a difficult time in that enforcement after the fact. COMMISSIONER TAYLOR: What do you mean? MR. YOVANOVICH: If I might. COMMISSIONER McDANIEL: I meant what I said. The remaining traffic neutral is a post facto determination based upon trips generated from a particular piece of property, and then the onus of proof is on to the -- where those trips, in fact, come from. And it's something -- I mean, for us from a regulatory standpoint, it's been an issue I've had contention with for quite a long time. Even when I was in the private sector, you know, my own personal developments had trip limitations, but nobody ever -- nobody ever checks. COMMISSIONER TAYLOR: Yeah, that was -- yeah. COMMISSIONER McDANIEL: So -- MR. YOVANOVICH: Just if I can, for the record, there's a mechanism that -- we do a trip cap count when each Site Development Plan comes in. So there is a safeguard through the review process that we are under the cap based upon Site Development Plan review, and that's in the ordinance. MR. BOSI: Mike Bosi, again. And I just want to give the Commission another component, another perspective in relationship to this proposed change. As it was highlighted out that this just adds the potential for a residential development to be added to an existing commercial facility. That's one of our identified responses to the housing diversity imbalance that we currently have within this county. So these are the type of projects we want to see, we want to promote more of. And let me provide you with one last kind of comment related to -- and it's an acronym. And it's VMT. It's vehicle miles traveled. And one of the aspects that we're trying to provide for is a closer September 11, 2018 Page 54 relationship between our dwelling units, where they're located, and where their economic opportunities are, and that means placing your job opportunities in close proximity to your housing opportunities. And we think by adding 400 and 375 or 325, whatever the final number is, we're providing an opportunity that is going to -- a percentage of those units will be occupied by an individual who works within those areas. As part of the transmittal hearings during the Planning Commission review, some of the objectors were saying it's going to create additional traffic, and their point was, at 5:00 everyone's headed to the east, and it's -- and it really creates an issue. Well, this proposal is designed and could potentially take a percentage of those trips that were heading back to the east to the farther reaches of the county and provide living opportunities in close proximity to where those jobs are in this corridor. So vehicle miles traveled -- and I know it's -- basically, it's a par issue for trips, but that's just trips. But think about one trip that comes 25 miles or 20 miles into this employment center to now being -- having the replacement to that being reduced by a 25, 35, or a 50 percent; therefore, we've got an increased capacity within our system, and we still have the same number of trips. So it's -- the vehicle miles traveled is just as important within the trip issues, and this is what this program and this proposal -- this design to help affect that vehicle miles traveled. So from a planning standpoint, we support this inclusion of residential zoning within this commercial property. COMMISSIONER TAYLOR: Mr. Bosi, if you could guarantee me that the person living in the east is the same person that is going to be living in that, I would agree with you. But I would offer having it market rate is not going to create that. What's going to happen is, is people who live in the east live there because the rent is lower, and the September 11, 2018 Page 55 people who are going to live there are going to be a new group of people. Now, I'm not saying that some might not, but we can't control that. That's our -- that's our challenge. MR. BOSI: And I understand, and I couldn't provide you that guarantee or any certainty to that, but what I can -- but what we can say is that we're providing the opportunity. And when you have an issue of housing affordability within a jurisdiction, within a county, within a municipality, there has to be a governmental response, but there has to be a market response as well. It's a dual fold. So as we add to -- and it's supply and demand. As we add to the supply -- or add to the supply, we start satiating that demand and, therefore, it has an equilibrium in terms of the prices that these individuals can come in. When there's an imbalance, which there is, when you have a 97 percent absorption rate for your apartment buildings within a county, there's an imbalance because there's a high demand. As we add supply, we affect that demand-supply relationship in a positive way for the consumer. So I understand that it's not restricted to a specific population, but it does address that supply-demand curve, and it's one of the issues, as we move forward, the more multifamily in the right location in the right intensity, design and focus at the right opportunities within our system, those are the things that we want to scrutinize. We want to make sure that they either -- they're given their fair share of consideration because of the improvements that they can exist within the system. COMMISSIONER TAYLOR: And I would agree. Thank you. CHAIRMAN SOLIS: Anything else? Commissioner Saunders? COMMISSIONER SAUNDERS: Just a couple questions. I September 11, 2018 Page 56 think one for Mr. Bosi and, perhaps, one for Mr. Yovanovich. In terms of the trip generation, we have a methodology that we require property owners and developers to go through to determine what their trip generation is. We apply the same type of formula to the entire county, I would assume. And my question is, this project looks like it's going to generate less trips than what is currently permitted. And so the question is, did they use the right procedure to determine those trips, and are you in agreement with their determination? MR. BOSI: Oh, I'm absolutely in agreement. And think about it just from a layman's perspective. We have a 5- or 10-unit apartment building, or you have -- COMMISSIONER SAUNDERS: Yes or no was sufficient. MR. BOSI: Yes, we do. COMMISSIONER SAUNDERS: Don't want to be rude. MR. BOSI: Yes. Yes. COMMISSIONER SAUNDERS: And, Mr. Yovanovich, one of the concerns that we always have is that we don't want to do something that's going to negatively impact an existing community, and under the existing development plan, my understanding is that there is no restriction on music or hours of operation. There's a restaurant in the area there that has outdoor dining, and they have outdoor music. I don't know if they're restricted in their hours. I think they go fairly late. But is that -- am I correct that right now there is no restriction on that type of activity in that development currently? MR. YOVANOVICH: You are correct. COMMISSIONER SAUNDERS: See, he knows how to say yes or no. And with the new development, my understanding is that there will be a restriction, that in some respects we are actually protecting September 11, 2018 Page 57 the neighborhood from noise, from glare, from activities that could take place right now. MR. YOVANOVICH: Again, you are correct. COMMISSIONER SAUNDERS: Okay. So, Mr. Chairman, I don't see any downside to this particular project based on staff's answers. And I understand the concerns of the community in terms of traffic and all those things, but I think this is a project that's going to actually make things better than what's currently out there. CHAIRMAN SOLIS: Thank you. That's all? Commissioner Fiala, you're next. COMMISSIONER FIALA: Oh, okay, fine. I just thought of one other thing that we're emphasizing and most of our residents are emphasizing that they want to do more exercising. Dr. Weiss is also emphasizing that. We need to exercise more. Well, with them living in close proximity to jobs, they could ride their bike there. They could ride their bike over to the YMCA and exercise. It's such a hub of places they could go, and they don't even need to get into a car. So I just thought, well, you know, that's another good thing. Now, you were right about, you know, coming from pretty far. You've got a lot of traffic going back and forth. But living close by to the jobs, they would be able to walk. CHAIRMAN SOLIS: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: And I'll follow up on what you're saying, Commissioner Fiala. So let's figure out how we can guarantee that the folks that rent these places are actually the people that we need employed, like our essential services. What is the -- what is allowed, the zoning that's allowed for the density as it exists without having to come before the Commission? MR. YOVANOVICH: Zero. If you want -- it's zero. We can't September 11, 2018 Page 58 have any residential density. COMMISSIONER TAYLOR: Okay. The residential issue. But if it -- so -- but I -- now, correct me if I'm wrong, you're allowed -- it's four. If it's going to be residential, it's four units an acre; is that correct? MR. KLATZKOW: No. They're not allowed any residential. COMMISSIONER TAYLOR: Yes. But if they're going to move to residential, it's -- MR. KLATZKOW: They're not allowed any residential. MR. BOSI: Per the Growth Management Plan, the Future Land Use Map would allocate this urban residential, and urban residential would be eligible for a base of four units per acre. COMMISSIONER TAYLOR: But what is -- how did it get to eight? There's an allowance because it's on an intersection or something? MR. BOSI: Well, there's some additional provisions within your density rating system towards where you can -- you can seek additional density in proximity to a two-road -- two collector roads would -- an additional -- an additional -- an additional dwelling unit. Also proximity to activity centers would allow for a potential. But they're not following the density rating system. They are requesting a Growth Management Plan amendment to allocate residential as requested. COMMISSIONER TAYLOR: Okay. So now that we know that you're not allowed any residential whatsoever, how are we going to guarantee that going above eight, that's -- you're going to 10.6 units an acre; is that correct? Isn't that the density? MR. YOVANOVICH: My engineer left. I think it's about that. COMMISSIONER TAYLOR: About that. MR. YOVANOVICH: I want to go "yes" or "no," but I'm trapped. September 11, 2018 Page 59 COMMISSIONER TAYLOR: That was succinct, though. That was okay. So how can we -- how can we make this work for our Sheriff's Department and our policemen and our teachers and our nurses and all the people that we want to live there? How can we make this attractive for them to live there? And Arthrex right down the road. MR. YOVANOVICH: I think that -- well, location. What's that commercial, location, location, location. COMMISSIONER TAYLOR: Location. MR. YOVANOVICH: And then there was one other. CHAIRMAN SOLIS: Location. MR. YOVANOVICH: The Geico commercial, I think it was. Koi pond. Location, location, and koi pond. But we've got three locations. It's a great location, is one. It's obviously in our best interest to market to and let the school board know about this project. We've got a school right next door to us. It's obviously in our best interest to let Arthrex know. It's in our best interest to let the county know. It's in our best interest to know every -- basically every employer in Collier County know about this new project, which we're going to do. So it's in our best interest to get the word out. And, two, I think the location, I think, is ideal for that. So I think that's going to go a long way to attracting essential service personnel to want to live here and rent here, and we're confident that we're going to have more than our share based upon the location of where we are and the clear need for this type of housing. COMMISSIONER TAYLOR: But yesterday we spoke about the additional market of those folks just visiting us that come down, and rather than having -- owning a condominium, they'd rather rent for long leases and have a place that's sort of turnkey in a sense. They can go back up north; they can come home. This is also a perfect place for September 11, 2018 Page 60 that. They could bike to the beach. I mean, you've got Clam Pass right down the road. It will help the County Manager with his concept of the parking garage that we're not going to build at Clam Pass. But -- so how can we ensure as much as we can that those essential services are going to be -- it's going to help us -- this is going to help them besides first-come, first-served, or market rate, that's it or -- how are we going to do this? MR. YOVANOVICH: Well, people a lot smarter than me actually analyze the demographics and do market studies. I can assure you that in those market studies the people that are going to live there are going to be a mixture. You are going to have some retirees. You are going to have young professionals. It's just a fact. That's the market. COMMISSIONER TAYLOR: Right. MR. YOVANOVICH: So the market's going to provide the opportunity for us to attract those people to live here and in our community. It's sheer -- sheer supply and demand. And so the market's going to take care of it. There's no way that this project will result in 100 percent retirees. That's not the market. There's a market for young professionals, young essential service professionals, older essential service professionals or personnel to live in this community. The market's taking care of it. You're seeing more and more apartment complexes come through because that's what the market is saying. And you've asked us to help solve your problem. Well, you've got to let the market do it, because we're not getting any help, really, from anybody other than developers wanting to step up and marketing to the people who need this type of housing, and the market's going to take care of it, and it's starting to do that. And you'll get more and more. You'll see other retail projects that are probably going to come to you -- there's already one in the process -- to do a similar type thing in another location. But it's going to be September 11, 2018 Page 61 market rate, which is the young professional and doctors, teachers. Now, we've made it clear lawyers are not essential service personnel, so that's -- we've done all these discussions. But you'll get nurses and you'll get teachers and you'll get young engineers, and you'll get young professionals because we're supplying -- we're giving you the supply that the community needs. COMMISSIONER TAYLOR: And what is the rent, please, for a one-bedroom? What do you think you're going to start at, approximately? MR. YOVANOVICH: What was the -- I did this in my head yesterday. Was it -- it was like $1,200, I think it was. About $1,200 for a 7- or 800-square-foot one-bedroom apartment, and then it goes up, because we're going to have two-bedroom and three-bedroom apartments. But the number, it's roughly about that range. COMMISSIONER TAYLOR: Do any of my colleagues have any angst about the density of this residential unit? CHAIRMAN SOLIS: I don't because it's going to be capped at the counts and so that it doesn't negatively impact the traffic that's going to be generated there. I mean, you know -- I think one of the issues is that folks are looking at this as what the traffic is right now. And right now the Sweetbay is empty. COMMISSIONER TAYLOR: Yeah. CHAIRMAN SOLIS: That will not always be the case, and I would suspect that in the near future there will be something there. I mean, if we -- right now, you know, there could be a Trader Joe's or something else that could go in there. And so anything that would reduce the impact of that commercial development on the intersection, I think, is long term -- long term a good thing. MR. YOVANOVICH: If I may. I have the actual page from the Traffic Impact Statement that puts the real numbers out there if we develop the 325 apartments. September 11, 2018 Page 62 CHAIRMAN SOLIS: Three twenty-five, yeah. MR. YOVANOVICH: You will see your 24-hour volume goes down by over a thousand, and your peak hour, a.m. and peak-hour peak, which is what you really measure, likewise, go down. So if the 325 rental apartments are built as part of this project, it's a significant reduction over what would be a fully leased-up and operating shopping center. It's unfair to compare us to what's there today. You have to compare us to the potential. So if you want to help address two issues, traffic and housing, this is the project you want to approve. CHAIRMAN SOLIS: And the potential is how we permit all of these things. I mean, it's the potential. And all the traffic counts are based upon what's the potential. COMMISSIONER TAYLOR: Well -- and I think when I talked about density -- and I appreciate that a lot, what you put up there. But when I'm talking about density, we really are doing this a bite at a time. Yeah, this is a great idea, and, you know, it's an hour and a half, two hours at a commission meeting, boom, we're approving it. We're amending a plan with -- we're taking little bites at the apple, and suddenly that apple is gone. If we heard anything, we've heard from folks who are concerned about growth and traffic and density. And I'm not suggesting that we say no to this. I'm not suggesting we say yes to this because of it. But I think we're kind of -- I think it's -- we're due to look at Collier County to figure out what we want from Collier County and where we want it, and we're not doing that. We're doing it piecemeal, and that's what concerns me. CHAIRMAN SOLIS: Well, I'll respectfully disagree, because I think one of the things that Mr. Bosi was saying is that looking at the growth and the Growth Management Plan and making these kinds of changes is something that we have adopted as a policy, right? COMMISSIONER McDANIEL: Right. September 11, 2018 Page 63 CHAIRMAN SOLIS: To bring the -- instead of having the person commute 25 miles or five miles, 10 miles, whatever it is, from Eastern Collier County. We've adopted, as a policy, that this is a good thing. So we are pursuing -- as I envision it, we're pursuing the policies that we've adopted for trying to make a change in where people live and how they live. COMMISSIONER TAYLOR: And that's true, but we also are bringing more people into areas that have not had more people, and that is the issue for long-term residents -- residential areas that are not gated -- Ridge Street is a classic example -- and we're doing it without an overall philosophy of -- we have a philosophy, but I think -- what I'm asking for, perhaps -- and it's not today -- is to look at the Growth Management Plan and to start making these changes before people come in with their great ideas so that we have a handle around what we're doing, because I don't think we do. I think we have a nice philosophy here, but two years later that philosophy could change. And I'm not sure that's what a Growth Management Plan is about. CHAIRMAN SOLIS: And I understand what you're saying, and I think, you know, in a perfect world maybe that would make sense, but what you're suggesting is that we make Growth Management Plan changes to private property without the owners coming to us and asking for those changes. COMMISSIONER TAYLOR: Isn't that an interesting idea? Because then what we are doing is planning a county and determining in advance where we want density, where we want intensity, and where we don't want it. For instance, if I heard anything from the Golden Gate folks, they don't want it. CHAIRMAN SOLIS: I think -- but our Growth Management Plan, that's what it essentially does. And I'd like to hear from Mr. Bosi September 11, 2018 Page 64 instead of having me try to be the expert. MR. BOSI: Mike Bosi, Planning and Zoning Director. And, Chair, you're correct, this type of concept is promoted, and it's promoted a number of times within our Future Land Use Element. Think about every one of our activity centers. Those activity centers are labeled. They're mixed-use activity centers. In practicality, they have only developed as a single-use commercial. But as we move forward and as the housing issues become more pronounced, those mixed-use opportunities, these inclusions of adding the residential that they always have been intended for, that's the pattern of development at the intersections of major collector roads. That's where our growth management says we want these intense mixed-use projects. This isn't an activity center by definition in the Future Land Use Map, but the conditions, two major collector roads, are met by it. So the spirit, the type of development that's promoted by our Future Land Use Element by our Future Land Use Map is allocated to this geographic area with the two major collector roads. This is where we would expect this type and would hope to promote this type of a use. We provide for a range of intensities within our Future Land Use Map. We have the lowest out to the east, where they're conservation, and then ag is one to five, and then your Golden Gate Estates is one to two-and-a-quarter acres, and then as you come into the urbanized area, that increases to a base density of four units per acre. Within our mixed-use activity centers, we provide for 16 units per acre. Within a one-mile stretch of that activity center, we have density bands where you're entitled to three additional units above your base of four units because we understand that closer to those economic opportunities we want to place a higher degree of housing within that. So our Future Land Use Map anticipates and calls for this type of anticipation. The problem is a majority of folks don't look to your September 11, 2018 Page 65 Growth Management Plan and your Future Land Use Map. They might look to the zoning. But if you're really doing your due diligence and look to the county and how we express where we want to arrange growth, it's our Future Land Use Map. And what comes -- we allocate, here's the range of uses, here's the range of activities and intensities that we could expect. And then the marketplace, the private development with their specificity of understanding of what the market truly does need, they fill in the specificity for what that end user is. From a governmental perspective, we don't have that knowledge, but we say these range of uses, whether it be community serving, whether it be neighborhood serving, whether it be regional serving, here's the appropriate locations, and then it's the private development that comes in and says, here's -- this needs a Kohl's or this needs a mixed-use project. That's how our Future Land Use Map allocates, and then it translates to the zoning side, in the zoning side of the action. COMMISSIONER TAYLOR: What does the Future Land Use Map allow on this site? MR. BOSI: On this site the Future Land Use Map allows for commercial designation. It's a subdistrict that was allocated by the request of the applicant. For commercial use, I can't -- off the top of my head, there's a total square footage of 164,000 square feet that it allows for. What they're asking for not only to allow for that commercial but to add residential as part of that mix to give those desired effects. COMMISSIONER TAYLOR: Which the Future Land Use Map doesn't allow. MR. BOSI: At the current time the Future Land Use Map does not -- COMMISSIONER TAYLOR: That's why we probably need to September 11, 2018 Page 66 have a review, because if we had a review and we understood what we're trying to do instead of doing it piecemeal, it might -- it might be a better idea for the public, certainly. MR. BOSI: I have to respectfully disagree, because what the Future Land Use Map says is at our intersections, our major intersections, that's where we want to locate our commercial. They took the step and they added the commercial, but they also -- the Future Land Use Map says we also want to add commercial and residential mix, and they're taking it to the next step. They are taking it towards where our Future Land Use Map would suggest was appropriate. And then the specifics of the project is what the Planning Commission and the Board of County Commissioners will evaluate related to those details. COMMISSIONER FIALA: You know, we can't solve this at this meeting because we're just trying to address this one thing. It might be something that we want to talk about, but I'd just like to make a motion to approve. COMMISSIONER McDANIEL: You jumped in front of me, but I'll second it. COMMISSIONER FIALA: Oh, okay. CHAIRMAN SOLIS: And I understand. I think you're talking about a bigger picture. COMMISSIONER TAYLOR: A bigger picture, exactly. CHAIRMAN SOLIS: And I -- COMMISSIONER TAYLOR: A bigger picture. Maybe it's just a review. CHAIRMAN SOLIS: That's the bigger picture discussion. Okay. COMMISSIONER McDANIEL: Can I say something to that? There's a motion and a second, and I've been down here while she's been going on -- September 11, 2018 Page 67 CHAIRMAN SOLIS: Well, just -- I just want to make sure I've got everybody in order. Is that -- have you said everything you wanted to say? COMMISSIONER TAYLOR: I didn't think I was "going on." COMMISSIONER McDANIEL: You were. CHAIRMAN SOLIS: Well, Commissioner, with all due respect. Okay. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Are you finished? Okay. COMMISSIONER McDANIEL: And it's not with disrespect. CHAIRMAN SOLIS: Commissioner McDaniel, you're next. COMMISSIONER McDANIEL: Okay. I did. And I did -- and we have a GMP. We have a Future Land Use Plan. There are vested -- please lean back. There are vested real property rights that are existent today, and people do have the right to change those. And just because your perception is this is being piecemealed, it is not. The people have the right to adjust their zoning as they go on. And disagreements with regard to traffic flow and commercial uses and intensities and those sort of things come with the change in the demographic that is, in fact, there. Now, are we remiss oftentimes in the review processes of our Growth Management Plan, of our existing vested land uses that are overlays? That has occurred because of economic cycles and the like. So just because there's -- I mean, just because there's discontent with regard to a request doesn't mean that we're piecemealing this. There is a plan, and that's the only point that I wanted to make, with respect. COMMISSIONER TAYLOR: And respectfully, I disagree. COMMISSIONER McDANIEL: Obviously. CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Just quick. I was going to just say September 11, 2018 Page 68 that this is another example, as I've mentioned a few times, developers stepping up to the plate and filling a need. We've seen -- and they're building apartments now in quite a few places. This is a perfect example, except they're building it right in the hub of business, so I think it's a good idea. CHAIRMAN SOLIS: Okay. Thank you. And my only final comment would be this is, in essence, one of the things that I think has been recommended through our Community Housing Plan Study was to do this kind of development to help address, you know, the housing issues that we have. So I think, again, I agree with Commissioner Fiala. I commend the owner for coming forward with this, because this is starting us, I think, in the right direction, specifically with some of the activity centers and the possibility of putting in some housing that we need in those areas. So there's a motion by Commissioner Fiala, a second by Commissioner McDaniel. Any other discussion? MR. YOVANOVICH: Is that for both items or -- COMMISSIONER McDANIEL: Well, that was my motion. COMMISSIONER TAYLOR: You don't have to hear it twice. MR. YOVANOVICH: No. I just wanted to make sure both items were in the motion; that's all. CHAIRMAN SOLIS: Yes. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: All those opposed? COMMISSIONER TAYLOR: I'm opposed because of the density issue. I wish we could address it a little bit clearer in this development. I think 10.6 is probably a little bit too intense at this point. September 11, 2018 Page 69 I also paid attention to my neighborhood in my district to the south who talked about improvements to the intersection, which we need to budget for. That wasn't addressed. So I feel that -- I look forward to another discussion at another day when we talk about exactly what we want and where we want it before it comes to us in the project by project by project. Thank you. CHAIRMAN SOLIS: Very good. Thank you. And we are now ready for a break for our court reporter who has been powering through. MR. OCHS: Ten minutes, sir? CHAIRMAN SOLIS: Ten minutes. We'll come back at 11:15. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. Item #9C RECOMMENDATION TO ADOPT AN ORDINANCE WHICH WOULD CREATE THE UNPAVED PRIVATE ROAD EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT (MSTU) BY AUTHORIZING A LEVY OF NOT TO EXCEED ONE (L.0) MIL OF AD VALOREM TAXES PER YEAR - MOTION TO APPROVE – MOTION FAILED MR. OCHS: We're on to Item 9C. This is a recommendation to adopt an ordinance which would create the unpaved private road emergency repair municipal service taxing unit by authorizing a levy of not to exceed one mill of ad valorem taxes per year. Ms. Arnold is available to present or respond to questions and, of course, Commissioner McDaniel was the original author of this. COMMISSIONER McDANIEL: And before we go there, I'm September 11, 2018 Page 70 going to make an apology. I said something that potentially could have been perceived as disrespectful. I meant no disrespect. I'm having trouble getting used to my new light down here, having an opportunity to speak, and if my comment earlier was received as disrespectful, please forgive me. COMMISSIONER TAYLOR: Apology accepted. COMMISSIONER McDANIEL: Got it. Now you may go, and I'll make a motion for approval of this with one adjustment, if I may. I would like to cap it at .3 mills, not 1. MS. ARNOLD: For the record, Michelle Arnold, Public Transit and Neighborhood Enhancement Division director. This item is being brought back to you because you-all asked us to evaluate whether or not an MSTU or BU would be appropriate. Staff's recommendation is to go with a taxing unit where there would be one millage applied to all properties affected. The recommendation, too, is also to consider a .5 cap on the millage as opposed to the 1 mill. So if you want to consider that. With that the estimated revenues of 293 million, a .5 cap would be -- would generate approximately 146,000. MR. KLATZKOW: And for clarity, the ordinance just sets the cap. The Board -- MS. ARNOLD: Right. MR. KLATZKOW: -- at its annual budget would set the actual millage rate, so... COMMISSIONER McDANIEL: I understand that. I would like to have it -- I would like to move for approval, and I would like that it be capped at .3. I understand that we set this on an annual basis, and the premise is staff's going to come back to us with the actual expenses and the lot. I just would like to offer assurance to the folks of that being the cap. Again, the cap can be adjusted at a later date. We've all learned September 11, 2018 Page 71 that which is created by your Board of County Commissioners can be adjusted, so... COMMISSIONER SAUNDERS: I'll second that. MS. ARNOLD: The only difference, just a point of clarification, is when you establish the cap for the actual ordinance for creating it, you -- and then you modify it during the years, you don't have to come back with an ordinance change. But if you're capping it at .3, you're coming back with an ordinance change. COMMISSIONER McDANIEL: And I'm quite comfortable with that. MS. ARNOLD: Okay. I just wanted to clarify. COMMISSIONER McDANIEL: I appreciate that. CHAIRMAN SOLIS: So there's a motion and a second. Discussion? COMMISSIONER FIALA: Yes. I have some questions. So this says you're not going to pave the road, right? You're only -- MS. ARNOLD: No. COMMISSIONER FIALA: -- going to fix the holes on the road, right? MS. ARNOLD: Correct. CHAIRMAN SOLIS: I'm sorry. COMMISSIONER FIALA: Oh, I'm sorry. Go ahead. COMMISSIONER McDANIEL: No, no, no, please. CHAIRMAN SOLIS: I'm trying to figure out -- COMMISSIONER McDANIEL: We're all trying to figure out our new buttons up here. COMMISSIONER FIALA: Mine works. CHAIRMAN SOLIS: Yes. COMMISSIONER FIALA: So say, for instance, the Fire Department or Sheriff's Office doesn't report that there are big holes in that road, they continue to pay all of this time without ever -- without September 11, 2018 Page 72 ever getting the holes fixed or anything until somebody reports it, and we don't know how much they're going to be paying. That's -- I hate to refer to the stormwater, but without knowledge of how much we're going to be putting, these people -- and a lot of these places that don't have roads right now are not in very well-to-do neighborhoods. In fact, I don't know of much of any, and they would still be required to be paying into this thing for not having a road, just getting their holes filled. Somehow I feel very uncomfortable with that. MS. ARNOLD: The intent is to -- after this first year, to evaluate it and determine -- you know, look at the amount of revenues that have been collected as opposed -- for the proposed MSTU, and if there isn't a need, there has been no issues, no Fire Department, no, you know, emergency folks coming out to say that there is a problem, then the millage can be, for a given year, set at zero. So it's not something that we're continually charging property owners for if there is no need for it. COMMISSIONER FIALA: But you start to collect it anyway? MS. ARNOLD: Yes. COMMISSIONER FIALA: Even though you haven't evaluated whether there's a need for it or not? MS. ARNOLD: Well, there are roads out there currently that have problems. COMMISSIONER FIALA: Oh, I know. I've got some in my area, you know, and one of them, which then the Fire Department has gone out and figured. But they've contacted the owner of that whole area, and the owner has fixed it. The people never have had to pay into it. Wonder if -- just as there was a penalty for that last subject, wonder if the people can't afford to pay for it, and we're taxing them for it, then what happens? It doesn't say anything about that in here. MR. ARNOLD: Well, if they aren't able to pay their taxes, September 11, 2018 Page 73 they're not paying their taxes. COMMISSIONER FIALA: No. I'm not saying paying their taxes. I'm saying pay for this extra tax, MSTU. CHAIRMAN SOLIS: It will be on the Tax Collector's tax bill, and the collection process is what it is. MS. ARNOLD: Right. COMMISSIONER McDANIEL: Correct. COMMISSIONER FIALA: And so -- and then, in other words, they could take the house because they didn't pay this MSTU? MS. ARNOLD: No. MR. KLATZKOW: Yes. CHAIRMAN SOLIS: Yes. COMMISSIONER McDANIEL: Yes. Eventually. MR. KLATZKOW: Yes, it's a possibility. COMMISSIONER McDANIEL: Can I say something, Mr. Chair? CHAIRMAN SOLIS: Sure. COMMISSIONER McDANIEL: You understand there's a process that goes along with this. If you cannot afford to pay your taxes, the county tax collector gathers up those unpaid tax bills, creates a cert and sells those bulk to investors. COMMISSIONER FIALA: Right. COMMISSIONER McDANIEL: And then you can't afford to pay the second year, the same thing happens. You can't afford to pay the third year, the same happens, and then the recipient of the first year has that right to call for a tax deed and force the sale of the property to be repaid the taxes that they have. It necessarily can be longer, but it's a three- to four-year process, and that's the system that is in place that we've -- that has been, in fact, being utilized. COMMISSIONER FIALA: I understand that. September 11, 2018 Page 74 COMMISSIONER McDANIEL: It's just not drop the hammer because of -- COMMISSIONER FIALA: Because of a new tax that we feel we need to put in place, right? COMMISSIONER McDANIEL: That's correct. COMMISSIONER FIALA: And they might not use? Well, that's just what she said. The first year, even though they're going to start collecting it, they don't know that they really need it. They're going to -- after a year, they're going to evaluate, right? COMMISSIONER McDANIEL: And, Commissioner Fiala -- COMMISSIONER FIALA: Yes. COMMISSIONER McDANIEL: -- this is a known fact. You've served as our county commissioner, one of them, for coming on 20 years by the end of this term. You know this circumstance exists. We have immeasurable health, safety, and welfare issues for residents, one of which is sitting right over there who we have access issues getting to emergency services to protect the health, safety, and welfare of our residents. We have over 105 miles of these roads within our community. It is, per our ordinances and our laws, the obligation of the property owners that live and/or own property on these roads to maintain them. The inequity that has, in fact, transpired over these years is only a few of us pay. COMMISSIONER FIALA: What I'm trying to say is, if you've got a road that's so bad -- and you've spoken to us before, so we remembered how bad it was, and I think we've even seen pictures, fine, so you could apply -- there's the difference. This is what I was trying to say -- apply to have an MSTU put on your road. COMMISSIONER McDANIEL: Correct. COMMISSIONER FIALA: And that would be a great thing because, you know, for the most part, maybe not 50 percent, but most September 11, 2018 Page 75 of the people would agree with doing that and paying into this MSTU, but for a place that's never had a problem and doesn't expect to have a problem, not as many are bad -- as bad as that, couldn't they apply instead of just blanketly -- COMMISSIONER McDANIEL: Well -- and just for your -- and you know I'm the president of the Corkscrew Island Neighborhood Association. In excess of 50 of these hundred-plus miles exist right there in my neighborhood. We provided for an exemption process for those who wish to care for their -- COMMISSIONER FIALA: Yeah, but did you read it? COMMISSIONER McDANIEL: Yes, I did. And so we provided for an exemption process for those that have a maintenance program on their -- on their road to provide for that capacity to be exempted from this exposure. COMMISSIONER FIALA: I won't say any more. I have a vote. That's a good thing. COMMISSIONER McDANIEL: Yes, you do. CHAIRMAN SOLIS: Ms. Taylor; Commissioner Taylor. COMMISSIONER TAYLOR: Are we sure that we know the ownership of all of the abutting properties along these roads; is it clear? MS. ARNOLD: Yes, we do. COMMISSIONER TAYLOR: Okay. MS. ARNOLD: That's a part of what staff did between your last meeting and now. COMMISSIONER TAYLOR: Okay. So there's no ambiguity? MS. ARNOLD: (Shakes head.) COMMISSIONER TAYLOR: Okay. And I think I understand, Commissioner Fiala, your concern, because, you know, why should I pay for a road that -- my road is perfect in front of my house. Why should I pay for it somewhere else? September 11, 2018 Page 76 COMMISSIONER FIALA: No, it's not somewhere else. I'm just even thinking of their own road. You know, if their own road is not paved -- well, you know, we have a number of them here in this area. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: And it's not -- but they don't have any problems with it. COMMISSIONER TAYLOR: Right. COMMISSIONER FIALA: Right? Why should they have to pay into an MSTU? That's what I'm saying. COMMISSIONER TAYLOR: I'm interested -- then I would ask you, sir. You've initiated this. COMMISSIONER McDANIEL: Well, the rationale is, again, for those of us that access our properties on a private road. I live at the end of a mile-long private road. I also own a rock company, and I also own my own motor grader, so I have an okay road. But for my tenure there, all of the property owners that receive the benefit of my keeping my road up, because it's my driveway, don't pay in, don't give -- don't contribute to the maintenance or the rock or the diesel fuel or my time while I'm up there jamming on the levers to grade my own road. And this inequity occurs all over our county. And so we have vacant property owners that receive the value of others' input. My neighborhood association three years ago went for a process to do something just in the sanctuary area, and the folks -- Pastor John Hanson and his group went out, raised a whole bunch of money, and people went to the cause, and then, again, only a few put in and many took advantage of the other people's niceties. This is a way, with a, relatively speaking, low impact to secure revenue from everybody that lives on these roads, has property on these roads, number one. Number two, we already have an MSTU in the Rock Road area. Our staff has shown that through continued maintenance, through continued upgrades, the cost to keep those roads September 11, 2018 Page 77 traversable for emergency services averages less than $2,000 a mile. Under the current program that we have and have had forever, we are in excess of $10,000 a mile because we have to declare a state of emergency, go in, expend a bunch of money, and then tax -- force those people that are accessing their properties to do that. So there's multiple rationales for this to come about, so, there. CHAIRMAN SOLIS: Anything else? COMMISSIONER TAYLOR: Nope. CHAIRMAN SOLIS: And your name is on here, but I think you've said what you wanted to say. COMMISSIONER McDANIEL: I have. CHAIRMAN SOLIS: Okay. I'm just going to say what I said before. Especially in light of the lesson we learned with the stormwater utility, I just -- I can't support it. And I understand the concern, but right now we have a system for going in and, if there's a public safety issue, repairing a road that needs to be repaired. We're going to be taxing, raising private -- we're going to be taxing people to have a fund to improve privately owned roads which I just -- I have a fundamental issue with. And I think if there's anything that I learned from the stormwater issue is that there are certainly people that are going to be impacted by this that have chosen to live on private roads because they didn't want to live on a public road, so -- and I understand the concerns, but I just -- I can't support it. COMMISSIONER TAYLOR: May I ask a question? What does it take to change a private road to public? COMMISSIONER McDANIEL: Oh. MR. KLATZKOW: Typically, what the county would request is that everybody on that road be willing to deed the county the right-of-way, because you have to have the whole road. You can't just have pieces that are missing. COMMISSIONER TAYLOR: Is it a majority? September 11, 2018 Page 78 MR. KLATZKOW: No, no, no, it's everybody. CHAIRMAN SOLIS: Each person. MR. KLATZKOW: It's everybody, which makes it very, very difficult. CHAIRMAN SOLIS: And I think -- also I think the unintended consequence of this, that I could foresee, is that it will disincentivize people that would have otherwise maintained the road themselves. I mean, if I'm going to be paying into an MSTU, why would I ever -- I would just -- I'm just going to wait for the county to do it, and that's -- I can just see that happening. So I've said what I -- I don't want to debate it with you, because I don't think I'm going to change my mind, but -- COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: And I understand the issues. COMMISSIONER McDANIEL: You couldn't be more incorrect. CHAIRMAN SOLIS: Well -- COMMISSIONER McDANIEL: Just so you know, you couldn't be more incorrect with regard to that. I mean -- CHAIRMAN SOLIS: So could you. COMMISSIONER McDANIEL: I have -- CHAIRMAN SOLIS: I understand. COMMISSIONER McDANIEL: -- lived in these neighborhoods and work with these people, and your perceptions are incorrect. CHAIRMAN SOLIS: Well, I know people that live on these roads as well, and some of them don't want to be taxed to maintain the road. And I don't think that's incorrect that some people might disagree with paying taxes to maintain a private road. So having said that, any other comments? Discussion? Commissioner -- I'm sorry. Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick comment. This is Commissioner McDaniel's district. He lives there and understands the September 11, 2018 Page 79 needs, and I'm going to support the motion. I do have concerns about levying taxes as well, but -- COMMISSIONER McDANIEL: We all do. COMMISSIONER SAUNDERS: -- I'm going to follow the lead of the commissioner that has personal knowledge of what's needed out there. CHAIRMAN SOLIS: That's it? Okay. Next is Commissioner Fiala. COMMISSIONER FIALA: Yes. Michelle? MS. ARNOLD: Yes. COMMISSIONER FIALA: Can, say, a development or a road or whatever opt in to do this and just say, you know, I care about my road. If they don't care about it on the next road, that's fine, but we want to pay into an MSTU so that whenever it happens, we've already got it going. Can that happen? I mean, this way, then, you can take people that really want to be taxed for it, and you've got them in line rather than somebody that doesn't have a problem and doesn't think they'll ever have a problem and they would probably fight it. So is there a way to do that? MS. ARNOLD: The way the ordinance is written is to include all private roads. COMMISSIONER FIALA: I know. I've read it. Oh, I'm sorry. Go ahead. Say it anyway. MS. ARNOLD: All private roads that are unpaved, and if someone has a maintenance plan and wants to opt out, they can do that. So we would be taxing all those that are affected, you know, that fall under that criteria. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Any other discussion? (No response.) CHAIRMAN SOLIS: There's a motion by Commissioner September 11, 2018 Page 80 Saunders and a second, I believe, by Commissioner McDaniel. COMMISSIONER SAUNDERS: I think Commissioner McDaniel made the motion. CHAIRMAN SOLIS: Other way around? COMMISSIONER McDANIEL: Six of one. CHAIRMAN SOLIS: Okay. My bad. Motion by Commissioner McDaniel, second by Commissioner Saunders. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN SOLIS: Motion, I believe, fails 3-2. Item #9D RESOLUTION 2018-154: THE ANNUAL ASSESSMENT RESOLUTION (1) UPDATING THE CAPITAL COST AND ASSESSMENTS, AND (2) ADOPTING THE NON-AD VALOREM ASSESSMENT ROLL FOR THE CASSENA ROAD POTABLE WATER MUNICIPAL SERVICES BENEFIT UNIT (MSBU) WHICH WILL PROVIDE FOR CONNECTIONS TO THE COUNTY’S POTABLE WATER SERVICE TO THE AFFECTED PROPERTIES – ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 9D, which was previously Item 17G on your summary agenda. This is a recommendation to adopt the annual assessment resolution updating the capital cost and assessments and adopting non-ad valorem assessment roll for Cassena Road potable water municipal service benefit unit which will provide for connections to the county's potable September 11, 2018 Page 81 water service to the affected properties. And I think we've moved this at the staff and the County Attorney's request from summary to regular just to acknowledge that there were a few of the members of the MSBU that didn't support going forward, but that's consistent with what we heard from that area when we initially brought the item in front of the Board to form the MSBU. There's still a majority plus one, if not more, in support of the project. Is that correct, Ms. Arnold? MS. ARNOLD: That's correct, yeah. Just -- we are moving it just to meet your policy. If there's one objecting voice, then we don't keep it on the summary agenda and we move it to regular agenda. MR. OCHS: I don't know if we have any speakers on this item, sir. MR. MILLER: No, sir. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: There's a motion and a second. Discussion? (No response.) CHAIRMAN SOLIS: I have a couple questions, just for my own understanding. How many properties are involved? MS. ARNOLD: Thirteen properties. CHAIRMAN SOLIS: And of those 13, how many objected? MS. ARNOLD: Three. CHAIRMAN SOLIS: Okay. There's -- I believe there was a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. September 11, 2018 Page 82 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion's approved. MS. ARNOLD: Thank you. MR. OCHS: Mr. Chairman, that takes us to Item 11A. COMMISSIONER FIALA: You know, could I ask one thing about this other one? Now, this morning we gave away a million dollar to buy more land. Could this money be used -- I realize that's already done, but can that CDBG money go to fixing something like this without having to tax the people? MR. OCHS: Private roads, ma'am, are you talking about? COMMISSIONER FIALA: The Cassena Road potable water. MR. OCHS: Ma'am, I believe the improvements have to take place in income-qualified areas that are marked by specific -- COMMISSIONER FIALA: Yeah -- MR. OCHS: -- ZIP codes. COMMISSIONER FIALA: -- and I don't know what Cassena Road is, so... MR. OCHS: Yeah. It's in Pine Ridge Estates. COMMISSIONER FIALA: Oh, okay. Never mind. MR. OCHS: I don't think it would qualify, just offhand. COMMISSIONER FIALA: Got it. COMMISSIONER TAYLOR: Just a question. Just the topography up there or the geography, are the lots a little bit smaller at that end of Pine Ridge? CHAIRMAN SOLIS: They are. COMMISSIONER TAYLOR: So this is health, safety, and welfare. This is really very, very important. CHAIRMAN SOLIS: It is; it is. And the owners, you know, September 11, 2018 Page 83 they got together and brought this forward, so -- but they're public roads. Item #11A RESOLUTION 2018-155: AMENDING AND SUPPLEMENTING RESOLUTION 2017-141 IN CERTAIN RESPECTS, WHICH RESOLUTION 2017-141 AUTHORIZED THE ISSUANCE BY COLLIER COUNTY OF TOURIST DEVELOPMENT TAX REVENUE BONDS FROM TIME TO TIME; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $70,000,000 AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA TOURIST DEVELOPMENT TAX REVENUE BONDS, SERIES 2018 IN ORDER TO FINANCE COSTS OF THE DEVELOPMENT, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A REGIONAL TOURNAMENT CALIBER AMATEUR SPORTS COMPLEX; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO SAID BONDS; AUTHORIZING THE AWARDING OF SAID BONDS PURSUANT TO A PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO THE COUNTY MANAGER FOR THE AWARD OF THE BONDS AND THE APPROVAL OF THE TERMS AND DETAILS OF SAID BONDS; AUTHORIZING THE PUBLICATION OF A NOTICE OF SALE FOR THE BONDS OR A SUMMARY THEREOF; AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT; APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID BONDS; ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; AND PROVIDING FOR AN September 11, 2018 Page 84 EFFECTIVE DATE – ADOPTED MR. OCHS: So 11A, if I may, Mr. Chairman. This is a recommendation to approve a resolution to authorize the issuance by Collier County of tourist development tax revenue bonds in an amount not exceeding $70 million in aggregate principal for the construction and equipping of a regional tournament caliber amateur sports and events complex. Mr. Isackson will make the presentation. MR. ISACKSON: Thank you, County Manager Ochs. Good morning, Commissioners. Mark Isackson with the Office of Management and Budget. The packet page beginning on Page 200 has the executive summary which lays out all the documents that are required to give Mr. Casalanguida the amount of money that's necessary for him to begin the construction phase of the amateur sports complex on roughly 60 acres which we spent $12 million for. So I'll answer any questions you might have. CHAIRMAN SOLIS: Any questions? (No response.) CHAIRMAN SOLIS: Is there a motion? COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. COMMISSIONER McDANIEL: Third. COMMISSIONER SAUNDERS: I do have a question. CHAIRMAN SOLIS: Okay. I'm sorry. COMMISSIONER TAYLOR: Did you -- COMMISSIONER SAUNDERS: Oh, yeah. I followed the rules. CHAIRMAN SOLIS: You know, we're going to have to figure out -- there's a bit of a glare issue, just so you guys know. COMMISSIONER SAUNDERS: Just a quick question. One of the policy decisions we made in reference to this bonding September 11, 2018 Page 85 of the fifth penny of the tourist taxes is that we didn't exceed more than, I think it was, 65 percent of the collections for debt service. MR. ISACKSON: Well, I actually think the number was $3,750,000, Commissioner. That was the number that was talked about during the discussions. COMMISSIONER SAUNDERS: All right. MR. ISACKSON: That's about 65 percent, I think, a full one penny. COMMISSIONER SAUNDERS: That's what I wanted to get at. So approximately 35 percent of that fifth penny is available for the other uses. I just wanted to make sure that we weren't exceeding that. MR. ISACKSON: No. And I think we pointed that out in the documentation. MR. OCHS: You're correct, sir. CHAIRMAN SOLIS: So there's a motion. I believe there was a second. Commissioner Fiala, did you second? COMMISSIONER FIALA: Yes. CHAIRMAN SOLIS: Any other discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved unanimously. MR. ISACKSON: Thank you, Commissioners. COMMISSIONER TAYLOR: Congratulations. September 11, 2018 Page 86 Item #11B AUTHORIZING THE PROCUREMENT SERVICES DIRECTOR TO PROCURE GOODS OR SERVICES FROM VENDORS WHO HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR ANY OTHER GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION OR A PURCHASING COOPERATIVE PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN AGREEMENTS ASSOCIATED WITH THESE PURCHASES – APPROVED MR. OCHS: Commissioner, that moves us to Item 11B. This was previously Item 16E6 on your consent agenda. It was moved to the regular agenda at Commissioner Taylor's request. It's a recommendation to authorize procurement of goods or services from vendors who have been awarded a contract as a result of a competitive selection process by a federal, state, or municipal government or any other governmental agency provided for a competitive process similar to Collier County's and to authorize the Manager to sign these agreements and move forward. Commissioner, Mr. Coyman is available to make a presentation if you'd like or just respond to specific questions. Your pleasure. COMMISSIONER TAYLOR: I think unless the Commission wants this as a -- let's present it. Then I'll give you -- I think -- that's what I wanted. I wanted it brought out into the public forum, if you don't mind, please. MR. OCHS: Very good. Ted. September 11, 2018 Page 87 MR. COYMAN: Good morning. For the record, my name is Ted Coyman. I'm Director of Procurement Services. The item before you is an annual approval of an authorization to utilize federal, state, and local contracts in a piggyback fashion and also to utilize cooperative agreements that have been developed through buying consortiums. This is an action item that's required by the procurement ordinance. The use of cooperatives is identified and allowed within the ordinance. So what I'll do, just briefly, is characterize what this is about. Cooperative purchasing allows the county to taken advantage of scenarios where there is pooled leverage and demand for products. The majority of the bond consortiums are solicited nationwide, and they involve hundreds of agencies across the United States, so the unit pricing on the items being solicited for tends to be far lower than what the county could get on its own. And I guess the best example of that is buying an ambulance. There are no ambulance providers in the state of Florida that would be able to provide a competitive price based on some of the national advertising that has gone on and the pool strength of thousands of agencies buying ambulances off of this same procurement. So that's the best example of that. There are other advantages to using cooperative agreements. One, as I said, is the aggregated buying power of multiple agencies. The solicitations are reviewed carefully and they're made sure that they use a process that mirrors the process the county would have used. It also results in a price based on volume that would be much lower than what we could normally achieve on our own. It also streamlines the process for both the division and the operating staff. Typically we would invest four to six months on any particular procurement. So these are procurements that have already September 11, 2018 Page 88 occurred. They've been done on a national level. They involve volumes and unit pricing that are to the county's advantage. I mentioned the ordinance, Section 11 of the ordinance. Paragraph 4 outlines the use of cooperative purchasing. It does take the two forms I mentioned. One is piggybacking on another agency. So I'm going to share with you some numbers that indicates how much of that we do, and then also utilizing the consolidated joint purchases through consortium. COMMISSIONER TAYLOR: Mr. Coyman, this is one of the parts that troubles me: "And services." So that's just goods. It could be services. MR. COYMAN: Well, you're correct. That is the language from the ordinance, but I will talk to you a bit about the implementation or practice. So the total county spend for this fiscal year, year to date, is about 2-point -- excuse me -- $247 million in total. About 6 percent of that is done through cooperative purchasing or 14.7 million. And you can see from this bar chart that the types of cooperative purchasing that would be characterized under the ordinance, you see the Florida Sheriffs Association that we buy from, you see Lee County. We piggyback a lot of Lee County agreements. You'll also see the State of Florida. That's the biggest user. And you will also see there are two national consortiums. One is National IPA and the other is U.S. Communities. And each of these consortiums, as I said, they will advertise nationally. They have hundreds of contracts for a wide variety of services and goods, and they're at unit pricing far lower than what we could normally get and often for items that we cannot procure locally. COMMISSIONER TAYLOR: Where does that -- local first then we go outside of Collier County, where does that fall in this? MR. COYMAN: Yes. The office -- procurement office operates September 11, 2018 Page 89 on a couple of premises. One is we want an open, fair, transparent, competitive process. In all cases, if there's a local firm, we want the local firm providing the county the goods or service. It's to everyone's advantage to keep the county's revenue in the county and to use a local firm. There are cases when -- and I'll bring up the case of the ambulance. There are no local ambulance manufacturers or providers. COMMISSIONER TAYLOR: But what we do is we say, yeah, but the lowest bidder, you have six -- five respondents to an RFP, I guess it is, and are bidding on a job, and you have the local folk, but they may be more expensive than, perhaps, a cooperative and, of course, you don't go out to bid for a cooperative. I understand that. But what I'm saying is when you have a local and you have four out of town, you're going to pick the lowest price. You're not going to pick the local; isn't that correct? MR. OCHS: Yes. MR. COYMAN: The award is based on the lowest price. The county also has a local-vendor preference in place that allows a local firm to do a 10 percent price match on a price from an outside firm. So if they're within 10 percent of a firm from outside, the local firm is allowed to match that price, and they would then, in fact, get that award. COMMISSIONER TAYLOR: So this is after the bids have come in, you notify the local company and say -- MR. COYMAN: Yes. COMMISSIONER TAYLOR: -- if you match it within 10 percent. So this is after the fact? MR. COYMAN: Yes. COMMISSIONER TAYLOR: Okay. MR. OCHS: Let's be clear, Commissioners. I don't want any misunderstanding. That's if we're issuing the specifications, if it's a September 11, 2018 Page 90 county bid. MR. COYMAN: That's correct. MR. OCHS: Now, if we're using one of these contracts, we're going to buy directly from here. That's the point. We don't go through the time and the administrative effort. We use the volume unit pricing that's, most cases, cheaper than what we could do on our own. So we don't go out for that solicitation. We buy off the contract. COMMISSIONER TAYLOR: And I understand that. I think it's the services that's got my attention. MR. COYMAN: Yes. I'd like to comment on that. So the next slide will indicate, by division, who uses cooperative agreements. So you'll see Facilities. Fleet, for vehicles, obviously; Growth Management; IT is a big purchaser of computer equipment and software; and you'll see the PUD as well; Parks and Rec, to a lesser extent. What the majority of these purchases represent are commodities. Now, I will say that some of the contracts have hourly rates in them that do allow for installation work. During my tenure, which has been two years now, I'm only aware of one case where the county was in a bind and as an interim step utilized one of the cooperatives for air-conditioning equipment and included the installation labor as part of that purchase off of the cooperative. When I talk to my brethren in other procurement offices, especially in Southwest Florida, the majority of the offices don't do that. We stay focused on commodities. It's better to bid out the labor -- COMMISSIONER TAYLOR: Right. MR. COYMAN: -- directly and get a local general contractor to do that work. That was done in one case, and it was done because the awarded contract for HVAC repair and installation work was routing for Board approval. It was not going to be approved in time to address the September 11, 2018 Page 91 problem that facilities was having, and they were at risk of jeopardizing the facility with a mold problem by not addressing it. So I am aware of that. The direction from my office and from leadership here is that we use this for commodities. It's limited to 6 percent, approximately, of the annual spend. It's confined to the major opportunities we outlined, and not every division takes advantage of it. COMMISSIONER TAYLOR: So it's limited by 6 percent or it's been -- MR. COYMAN: That's been historical spend. COMMISSIONER TAYLOR: That's historical. It's not been limited -- you're not limiting at all? MR. COYMAN: No. MR. OCHS: No. The budget controls. COMMISSIONER TAYLOR: Okay. Fine. I understand that. MR. COYMAN: And that's another element the County Manager's bringing up is that staff are confined to spend the previously approved budget amounts. COMMISSIONER TAYLOR: Yes. Yes, of course. I'm not questioning that at all. I'm just trying to take care of the people who live here that work here that -- MR. COYMAN: Yes. COMMISSIONER TAYLOR: -- that are local folks. That's what I'm trying to do. MR. OCHS: And on labor and installation, we fully agree. As Ted said, and except for that one exception or rare exceptions, the real value for these are on commodity purchases, not labor. COMMISSIONER TAYLOR: So if -- and this is just I just -- when I was -- the HVAC was reactionary by emergency. You had to get it done. I understand that. And I'm thinking about our stormwater where we have all these pipes in the ground. September 11, 2018 Page 92 Ideally, if there was -- we would be proactive to buy the pipes, but we would be -- there would be a separate entity putting those pipes in, ideally. MR. COYMAN: Yes. The preference is to have local general contractors or utility contractors actually performing the physical work. The commodity -- the county always has the option of doing a direct material purchase if we can demonstrate that we can save money. For instance, like pipe or valve fittings, we can always use one of the cooperatives for that if that's to our advantage. But the labor, and the installation work, the preference is always to have a local firm doing that work. COMMISSIONER TAYLOR: Okay, good. I'm quite satisfied. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yeah. And I appreciate the fact that you showed us the rationale between our aggregate expenditures and the, relatively speaking, small portion that's impacted by this. My question was just if there was a flavor to do a sampling, even though it's on a small basis, Commissioner Taylor brought it up. But there's no limits. Our budget dictates how we move through these. And if we could -- if you were -- if there was a possibility of a sampling of these piggyback contracts to be put out as an RFP on an irregular basis just to provide for greater transparency, that we are meeting the goals and the intent of how we're doing what we're doing. Did I stop talking too soon? COMMISSIONER TAYLOR: What was your question? I didn't understand. MR. OCHS: I think I understand. COMMISSIONER McDANIEL: So the question was, is the September 11, 2018 Page 93 small -- I acknowledge the fact that it's a relatively small portion of the aggregate expenditure but, be that as it may, there is no limits, as you pointed out, and it can vary based upon budgetary expenditures and the like. So if we added a component of a sample along the way for these piggyback contracts, though they're a small percentage, if we picked one or two as we go and did an RFP, we would be able to better show that we are meeting the prioritizations of local vendors and providing for the best contract price. MR. COYMAN: The county -- the county can always do its own soliciting. And I'll bring up the case of fleet vehicles. We can always advertise for the purchase of 300 light-weight trucks and analyze those bids and then compare them to the unit pricing that's available from the State of Florida or from one of the buying consortiums and then award -- and then proceed in the direction of the lowest price, I think. COMMISSIONER McDANIEL: Of course. MR. COYMAN: I think, historically, the divisions that do this type of buying have tried that in the past, and that's why they would immediately opt to go to the lower-price course for large commodities of that nature. COMMISSIONER McDANIEL: It was a thought that I had when I was reading this. I was pleased that you actually pulled the agenda item for discussion, and I just -- it was a perception that I had just to ensure. MR. COYMAN: Well, if I could add to this, these things go through tremendous scrutiny by me and my staff and the County Attorney. So we look carefully to see is it something that we can solicit and, you know, can we get it locally. If we feel that we can and we think that that makes the most sense, we do that. When we feel that we can't and then we look at the buying consortium opportunity, those participatory agreements are September 11, 2018 Page 94 scrubbed very heavily to make sure that they used a process that mimics ours, that it doesn't take us into an area where we would be in any way jeopardized by making such a purchase. It is thoroughly vetted before we would go down that path. COMMISSIONER TAYLOR: May I? CHAIRMAN SOLIS: Sure. COMMISSIONER TAYLOR: When you make the decision to go ahead, the County Manager's going to do that. Does it appear on our consent agenda that we've done this? Do we get some kind of record of it if we wanted to review it on a month-to-month basis? MR. OCHS: You don't now. I mean, we could send you a report of our activity on a quarterly basis if you'd like. It doesn't necessarily have to be an agenda item. I can send that by memorandum and let you look at the volume on a quarterly basis our consortium purchases, and then if there's any questions, we'd be happy to answer them or if you want to, you know, evaluate it after that to some kind of Board discussion, obviously you can do that. COMMISSIONER TAYLOR: I would like that. And I'd like it commodities versus services and -- I would like that very much. MR. COYMAN: We'd be very happy to do that -- COMMISSIONER TAYLOR: Just to get used to -- MR. COYMAN: -- analysis and bring that forward. COMMISSIONER McDANIEL: I don't need to see that. I'm quite pleased with what you're doing. I've been involved in the procurement process, gone, sat through, watched our staff, watched the committee selections, sat through those meetings. And so I'm quite pleased with what -- I just -- when I was reading this, I saw there was a potential for maybe a jump that wasn't there, and I was thinking more along the lines of long-term policy setting, Ted, by no -- you're not going to be here forever, and so if, by policy, we were doing a sampling of the small percentage, that we would be able to have September 11, 2018 Page 95 assurances that we are doing the best we can with the taxpayers' money. MR. COYMAN: I was hoping to stay here another 20 years. COMMISSIONER McDANIEL: All right. I'm done. Love to have you forever, but... COMMISSIONER TAYLOR: Done. COMMISSIONER McDANIEL: So there you go. That was where I was thinking. CHAIRMAN SOLIS: Finished? Okay. So now we have Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. Thank you, Mr. Chairman. I've got a list of 36 questions that we need to go through with you. Are we ready for a motion? COMMISSIONER TAYLOR: Yes. COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: I'll make a motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a second. There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved unanimously. COMMISSIONER TAYLOR: Thank you very much, County Manager, for that. MR. OCHS: It's our pleasure. Thank you. COMMISSIONER TAYLOR: It was a very good presentation. September 11, 2018 Page 96 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chairman, that takes us to Item 15, staff and commission general communications. I will remind the Board we still have, at least tentatively, your calendars marked for a BCC transit system workshop on November 6th. I know that's election day. When we last visited this before your summer break, you asked me to bring it back and see if that date still works or if you want me to find an alternative date for that workshop. Perhaps December or January, maybe after the holiday would be better for the Board and for staff for that matter, so... COMMISSIONER McDANIEL: For this end of the Board. MR. OCHS: I'm seeing some head nods. But if I can get some consensus to work this into the January/February time frame instead of election day, I'd be happy to do that. COMMISSIONER TAYLOR: I think so, because we may have -- we may want to have -- the public may want to participant, and from the tenor at least of the Republican Executive Committee last night, there's going to be a lot of folks out there working polls and being active on that day. MR. OCHS: Yeah, that's true. Okay. Then consider it done. We'll find a date on your calendar in January or February that's better suited for this. That's all I had today, Commissioners. Thank you. CHAIRMAN SOLIS: Mr. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN SOLIS: Madam Clerk? MS. KINZEL: No, thank you. Very good meeting, and thanks to September 11, 2018 Page 97 everyone for -- the election's over for me, thank goodness. CHAIRMAN SOLIS: Thank goodness, right. Me, too. MS. KINZEL: Till 2020, at least. COMMISSIONER TAYLOR: I'm still on the road. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. I have two. If you were not aware, we are looking at a hearing for transmittal of the Golden Gate Area Master Plan in our 25th meeting, and I've been asked by the residents of Golden Gate Estates to defer that for 90 days. We have found some holes in the GMP, predominantly revolving around the right-of-way acquisition for the major node/commercial node interchanges or intersections in Golden Gate Estates. And the right-of-way acquisition precludes a property owner within one of those commercial nodes from qualifying for commercial development because we've taken too much of their land. And so we're asking for a revisit there and asked -- and staff -- I've talked to staff. They're okay with it. But with your consent, we'd like to withhold the transmittal hearings for 90 days and review those items. You okay with that? COMMISSIONER TAYLOR: I'm fine. COMMISSIONER McDANIEL: Positive nods, Leo. MR. OCHS: Yes, sir. Thank you. COMMISSIONER McDANIEL: I have to -- I would like to share something with you that happened to me yesterday; amazingly humbling experience. I was in Everglades City. Congressman Diaz-Balart, the deputy secretary of the HUD, Pamela Patenaude; there's a list of people that were there. And I'm sitting up front. And the meeting was over and everybody's done, and I see this woman from the back. She makes eye contact with me and works her way all the way up to the front; wanted September 11, 2018 Page 98 to see me. And she came up and she -- and forgive me for not being able to remember her name, but if you'll recall, there was a person who passed away after our hurricane. That woman was the widow of that man that went away, and she came and thanked me for our staff support for the SHIP funding that was afforded to her to help her rebuild. So while we're out here talking about all these great wild and wonderful things, there's a human element there that's, in fact, transpiring that goes unnoticed on a regular basis. So I just wanted to share that with you. It's -- I've got to serve as commissioner for about 18 months now, I think, and it's one of the most humbling experiences that I've ever had. So -- and there shall be my end, sir. COMMISSIONER FIALA: It's a great way to end, isn't it? Boy, that's a lovely story. Leo, I was going to ask about that little horsy that needs to be fixed, but you've taken care of that? MR. OCHS: Yes, ma'am. We're working on that. COMMISSIONER FIALA: Do I need approval from the Board or -- MR. OCHS: No, ma'am. We're on it. COMMISSIONER FIALA: Okay. Good. COMMISSIONER McDANIEL: You've got a broken horse? COMMISSIONER FIALA: Yeah, a broken horse. I wanted to talk about three things real quickly. One of them is the Golden Gate Golf Club. We keep reading about it in the paper. We keep getting letters. We've talked about it. I haven't seen anybody that didn't think it was a great idea, but we've never moved forward. So how do we move forward with that? COMMISSIONER SAUNDERS: We have sort of moved forward. Staff is getting some appraisal work done. They're talking September 11, 2018 Page 99 with the representatives of the owners. Mr. Yovanovich is their attorney. And so there is some stuff going on in reference to that. COMMISSIONER FIALA: Oh, that's great. That's great. Does anybody know that? I mean, I didn't know it, but -- COMMISSIONER SAUNDERS: Well, the Board approved us going that way in terms of taking a look at it. COMMISSIONER FIALA: Yeah, but, see, I didn't know if anything was moving. Okay. So they're talking to them about that? MR. KLATZKOW: It's moving. MR. OCHS: Yeah. You had authorized Mr. Klatzkow to reach out to the owners there and talk about a potential acquisition. COMMISSIONER FIALA: And that's been done? MR. KLATZKOW: It's in the process of being done. COMMISSIONER FIALA: I mean, you've reached out to them? MR. KLATZKOW: We have retained an appraiser. The appraiser is finalizing his appraisal, first draft. When he does that, we're going to be sitting down with the owner's appraiser. They'll go over their notes to see that there's some consistency. At that point in time, we'll have a value, they'll have a value. We'll do some preliminary negotiation and then come back to the Board. COMMISSIONER FIALA: Okay. Thank you. Thank you for that. As a piggyback to that question -- might as well use it, right? MR. OCHS: That's right. COMMISSIONER FIALA: As a piggyback to it, if we move along with this thing, are we able to submit this to the veterans services in case they're still looking for a place to build their nursing home, veterans nursing home? I know this is going back a ways, but... MR. OCHS: I think it -- you're not prohibited, certainly, from doing that. COMMISSIONER FIALA: Oh, okay. I mean, if we have a September 11, 2018 Page 100 positive, that might just give us another little plus to hopefully get it. COMMISSIONER SAUNDERS: Yeah. The VA has certain parameters: Proximity to hospitals and that sort of thing. COMMISSIONER FIALA: Well, see, that's why it's a perfect place there. COMMISSIONER SAUNDERS: It may very well be, but -- COMMISSIONER FIALA: Yeah. The last time we didn't make it because the area that we had selected wasn't close to any of those things, but this is. Okay. I'm just hoping we get that taken care of. Okay. The next thing is I've heard a number of times about -- we've all heard about Code Enforcement, and they really need to -- right now -- we had two commissioners here that changed our code enforcement law so that you couldn't remain anonymous anymore. You had to give your name, and that has caused some problems for some people. And I thought just maybe we could discuss that again and see if this commission feels any different about it, because right now if the people want to report anything, they could call us if they want, but they can't call in themselves. I mean, they can call in as long as they give their names. But in some instances, they're afraid to do that. And so I just was wondering if we could discuss that at some point in time. And if you don't want to, that's okay, but I just wanted to know. COMMISSIONER McDANIEL: I'd support bringing it back as something for us to actually talk about. We've talked about it before, and I like the idea. COMMISSIONER FIALA: Okay. COMMISSIONER McDANIEL: So I don't know about the rest of you. COMMISSIONER TAYLOR: You don't (sic) think the system where they can call us and then we report it is a problem? I like the idea, because then I get to figure out if it's true. I mean, we look into September 11, 2018 Page 101 that kind of thing. COMMISSIONER FIALA: Well, we could discuss it, or if you -- I don't know. I just -- CHAIRMAN SOLIS: I'm in favor of bringing it back and seeing if it's working. COMMISSIONER TAYLOR: Just dust it off. MR. OCHS: It's board policy. COMMISSIONER SAUNDERS: And Mr. Ochs and I have had this conversation. I think the board has had this conversation as well. Code Enforcement is one of the most important things that we can do. If you have nice beaches and all that, that's wonderful. But if your neighbors are driving you crazy because of their loud notices and that sort of thing, the quality of life is bad. So anything we can do to enhance Code Enforcement I would be supportive. COMMISSIONER FIALA: Yeah. I'm all for that as well. It actually helps to clean up a neighborhood. COMMISSIONER TAYLOR: No question. COMMISSIONER FIALA: Yes. Okay. Let's see. Then the third and final one is we've all heard about sea level rise, but you could call it anything else. The water's getting higher. There's a lot more rain. Whatever you want to. Are we -- and maybe we could have a discussion at a future meeting. Are we on the county level doing anything to prepare ourselves, whether it be just to move the new houses or the new hotel or whatever farther away from the shoreline or something like that? Because I think we should probably get that stuff together. No matter what anybody says, it is getting closer. MR. CASALANGUIDA: We're partnering with FGCU and the professor to do the study right now. They're doing some coastal modeling to look at it. All of our capital projects takes that into account. So if there's any capital project that's got a 50-year life span, September 11, 2018 Page 102 we do a little bit of modeling on rise. And the way the Board had left it last is we're going to finalize some preliminary modeling, then bring some planning on board at a later date to do that. So we've had some good discussions with the folks at FGCU and Dr. Shang at FSU or UF, I forget which university he's at. COMMISSIONER TAYLOR: Yeah. University of Florida and FGCU. COMMISSIONER FIALA: And they're wonderful over there. That's Michael, right? MR. CASALANGUIDA: Yes. COMMISSIONER TAYLOR: And the plan is once they get their study over in a year and a half from now, that it will come back to us, and then we hopefully will hire a planner or even someone before so that we can incorporate this within what we're doing for the future. COMMISSIONER FIALA: Okay. So that prompts me to say -- that's wonderful that you know, that you know. We don't know, and how many others don't know? And one thing we forget to do is involve the public with positive moves that we're making, and we should be doing that. So maybe we could give a report on it at a commission meeting or something. We've got a reporter here that could then report that to the public. Anyway, that's just my suggestion. And thank you for allowing me this time. CHAIRMAN SOLIS: Good idea. Just give us a status report. COMMISSIONER TAYLOR: Me? CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Yes, three things. First of all, I did receive a letter from a vendor who's concerned that we are not really hiring local vendors because local includes Lee County, and do we want to take a look at that as -- and to review that, September 11, 2018 Page 103 just that aspect of our procurement ordinance, to discuss local vendors? Does anybody -- COMMISSIONER McDANIEL: I'd be happy to if you want to, or did we just go through that with our prior -- MR. OCHS: Yeah. COMMISSIONER McDANIEL: -- maneuver? MR. OCHS: Just did that recently, but -- COMMISSIONER TAYLOR: But we included -- MR. OCHS: Yes, for reciprocity because you wanted county contractors to get the break in Lee County as well. COMMISSIONER McDANIEL: Right. And are they following it? I think that may be where she's going. MR. OCHS: Yes. COMMISSIONER TAYLOR: Okay. So what I'm going to do with -- to answer this very concerned person and explain that to them without -- and then if they want to be heard, that's a whole other thing. MR. OCHS: You can send them my way, if you'd like, ma'am. We'd be happy to -- COMMISSIONER TAYLOR: Well, now that I've got your attention, County Manager, where we are (sic) with this Clam Pass garage? Because I was cornered by concerned citizens as -- my understanding, it's -- we're budgeting the money for the receive -- or the engineering of it, or are we even doing it? And I haven't paid attention, unfortunately. MR. OCHS: I think the only thing we're doing is we're having some preliminary discussions with the Pelican Bay Foundation -- COMMISSIONER TAYLOR: Still there, okay. MR. OCHS: -- has to give consent to any structure that would go on there. COMMISSIONER TAYLOR: Okay. I didn't know. MR. OCHS: So that's kind of the first step. And it's fairly September 11, 2018 Page 104 preliminary. It doesn't involve any money. It's just having them look at some preliminary renderings and kind of looking at the similar parking structure that was built on the north end of Pelican Bay. COMMISSIONER TAYLOR: And I apologize; it's been kind of a vacation that never happened this summer. MR. OCHS: No. I have an email to respond to you that was going to go out after this board meeting, so I'll send it your way. COMMISSIONER TAYLOR: That's good. That's good. And then the other issue is, we all got an email just recently, but I can't tell you with the issue of red tide how everyone is talking about fertilizer. And on the campaign trail, I learned that the C -- Collier County Planning Commission, CCPC, actually developed an ordinance for fertilizing. And at the time -- the Commission at the time decided not to go forward with it. And I want to know if we want to dust that off and maybe take a look at it. Also, I've gotten the request at least -- and maybe you've heard it from Marco, but I've heard it from the City of Naples; they'd like to do a joint meeting and maybe even Everglades City, because if we're going to do it, we should do it as a county. One entity doing -- you know, being stricter in fertilizing is not going to help the rest of the county or the shoreline. MR. KLATZKOW: The last time we looked -- COMMISSIONER FIALA: But that doesn't cause red tide, right? COMMISSIONER TAYLOR: Ma'am, it contributes to it. COMMISSIONER FIALA: Not until it's to our shores. It starts way out in the middle of the Gulf of Mexico, and it's been here longer than any people have lived in the state of Florida. COMMISSIONER TAYLOR: I know that. COMMISSIONER FIALA: Okay. COMMISSIONER SAUNDERS: In reference to that -- and I did have my light on. September 11, 2018 Page 105 COMMISSIONER McDANIEL: Yes, you did. And I'll push mine. COMMISSIONER SAUNDERS: And it says number one, so that's why I jumped in there. COMMISSIONER TAYLOR: Wait a minute. Am I talking or you? Excuse me. Go ahead. COMMISSIONER SAUNDERS: In reference to that -- because I had made a note to bring up the fertilizer issue -- COMMISSIONER TAYLOR: Oh. COMMISSIONER SAUNDERS: -- as well. As a matter of fact, it's written right there. COMMISSIONER TAYLOR: He did. He wrote it down. COMMISSIONER SAUNDERS: And the reason I -- COMMISSIONER TAYLOR: He wasn't looking at my notes. COMMISSIONER SAUNDERS: No. And the reason that I wanted to bring that up is, quite frankly, I was surprised. I thought we had a local ordinance on fertilizer. CHAIRMAN SOLIS: I thought we did, too. MR. OCHS: We do, but it basically mirrors the state ordinance. COMMISSIONER SAUNDERS: Adopts the state standards. There are a lot of communities that have their local ordinance, and I think we should have one. CHAIRMAN SOLIS: Yeah. COMMISSIONER SAUNDERS: Whether it causes red tide or not is not really the issue. COMMISSIONER FIALA: Right. It does cause the green algae. COMMISSIONER SAUNDERS: It has other adverse environmental impacts. And I'd like to -- I think what we should do is have a workshop where we invite city officials from the City of Naples. I don't think we have to have a joint meeting, but I think if we have a workshop and we invite people to come to that workshop from September 11, 2018 Page 106 the city, Marco Island, from City of Naples, Everglades City as well, but have -- and have some industry representatives there, because this will be a very political issue. The fertilizer industry will go crazy. And the State of Florida has, on many occasions, tried to preempt regulation of -- local regulation of fertilizers, and I don't think that that has occurred. I know when I was there in legislature, we kept that from happening numerous times. But that's an issue that could come back. So I think we should have a -- MR. KLATZKOW: Well, let me come back to the Board, because after you left the legislature I think they did precisely that. COMMISSIONER SAUNDERS: Did they do that? Okay. MR. KLATZKOW: But I haven't looked at the issue in a number of years. We had a workshop years ago on this and, unfortunately, the problem was the preemption issue. But it's been a number of years since I've looked at it. And let me look at it, and I'll get a memo out to you on that. COMMISSIONER TAYLOR: Great. Thank you. And maybe, County Manager, you could -- CHAIRMAN SOLIS: I'm sorry. COMMISSIONER TAYLOR: Go ahead. CHAIRMAN SOLIS: There's -- people have been using their lights here for this discussion. Did you want to say something about the fertilizer? COMMISSIONER McDANIEL: Yes. Well, I did. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: And I would -- if we're not statutorily preempted from having -- developing our own ordinance, I think it's prudent for us to -- and I think Commissioner Taylor's suggestion that we engage the cities and municipalities to be participatory in that process is imperative. Everybody has to be singing to the same tune in order for that to be -- September 11, 2018 Page 107 COMMISSIONER TAYLOR: Correct. COMMISSIONER McDANIEL: -- accomplished. So -- and, Commissioner Saunders, you're absolutely correct with red tide/not red tide contributing to/not contributing to. There are nutrient contents, and there are some really, really cool -- I mean, I was president, as you shared, with the SENA (phonetic), and I used -- the City of Naples has done some really, really amazing initiatives with natural removers of those toxins that are coming in through the plumbing system. So it's a -- it would be a benefit no matter what, so.... COMMISSIONER TAYLOR: Great. Well -- and then, finally, I'm wondering if we have agreement -- I hope we do. We had a very interesting and very informative meeting at our budget with the stormwater utility fee. And I'm wondering -- I would like to know what's our way going forward. And I'd like to maybe have a meeting or have that as an agenda item perhaps in October so that we can assess, okay, where we are and what are we going to do. I can't tell you how many people have contacted me to say, we want to help. You know, phone calls and emails; we want to help. So, obviously, there's an awareness that it's important. It's just a question of how are we going to go forward. So I think we need an update and a clarification. If we're all in agreement, I think it's -- MR. OCHS: Well, Commissioners, I was planning on bringing that to the Board probably the second meeting in October, because at the budget hearing you offered as an alternative to keeping that lengthy meeting going, that I could come back at a later date and provide some information -- COMMISSIONER TAYLOR: Thank you for that. MR. OCHS: -- and, more importantly, maybe some recommendations on how you might want to consider going forward September 11, 2018 Page 108 or not. COMMISSIONER TAYLOR: Okay. Good. MR. OCHS: Okay. COMMISSIONER TAYLOR: Thank you. And that's it. COMMISSIONER SAUNDERS: And fertilizer was the only item on my list. So congratulations to everybody that got elected. COMMISSIONER McDANIEL: Yes. COMMISSIONER TAYLOR: Thank you. COMMISSIONER SAUNDERS: I think this is our first opportunity at a public meeting to congratulate all three of you. COMMISSIONER TAYLOR: Madam Clerk. MS. KINZEL: Thank you. CHAIRMAN SOLIS: A couple things I had. One, on the anniversary of the hurricane, I want to congratulate staff again. And I've actually -- I received a letter -- I think I forwarded it to you -- from a resident in Collier County kind of looking back and appreciating the incredible job that the staff did and the commitment to bringing Collier County back to its feet after the hurricane. So I just want to say, again, thanks for a job well done and, knock on wood, we won't have to do it again. COMMISSIONER TAYLOR: That was nice. (Applause.) MR. OCHS: You may, unfortunately, be in a position of having to send some folks up to help our neighbors up the coast here in the not-too-distant future. COMMISSIONER FIALA: Has it hit there? MR. OCHS: It's on the way; not yet. COMMISSIONER TAYLOR: About 1:40; 1:40 something? CHAIRMAN SOLIS: Then, finally, I would, again, like to thank my colleagues here for allowing me to phone in for the meeting on September 11, 2018 Page 109 Thursday and congratulate Commissioner McDaniel for running probably the most contentious meeting we've had, at least since I've been on here, and so a job well done, and thanks for allowing me to do that. COMMISSIONER FIALA: And let me say, you that were there with us till the bitter end. CHAIRMAN SOLIS: I was there. COMMISSIONER FIALA: And as sick as a dog and miles away and yet you stayed with us the whole time. So, you know, there's a pat on the back for you, too. CHAIRMAN SOLIS: And I will say the utility of the mute button on a cell phone cannot be understated because -- COMMISSIONER TAYLOR: Because you were drinking beer in a bar. CHAIRMAN SOLIS: Right. I did get an email -- COMMISSIONER McDANIEL: Absolutely wrong. CHAIRMAN SOLIS: It was -- there was a lot of sound effects you probably didn't want to hear, so... COMMISSIONER TAYLOR: Yeah, yeah, yeah. CHAIRMAN SOLIS: Thank you very much. I appreciate it. We are adjourned. MR. OCHS: Yes, sir. **** Commissioner Saunders moved, seconded by Commissioner McDaniel and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR REGENCY AUTOHAUS, PL20160002378, AND TO September 11, 2018 Page 110 AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,802.70 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JUNE 15, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A2 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR LANE PARK, PL20160003552, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE SEWER FACILITIES, 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 $7,766 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JUNE 20, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR GOLF CLUB OF THE EVERGLADES PHASE 1B, PL20160000995, ACCEPT UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER FACILITIES, AND A PORTION OF THE SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, September 11, 2018 Page 111 TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JUNE 21, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR TUSCANY POINTE PHASE 2, PL20170000588 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 - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JUNE 22, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES FOR VANDERBILT COUNTRY CLUB PHASE 2 – FITNESS CENTER, PL20140000162, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, 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 $6,708.92 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED September 11, 2018 Page 112 AGENT - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON MAY 27, 2016, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR LEGACY ESTATES, PL20160001545 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 - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JULY 6, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A7 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR AZURE AT HACIENDA LAKES PHASE B, PL 20170000515 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 - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON AUGUST 1, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE September 11, 2018 Page 113 Item #16A8 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR KALEA BAY PHASE 1A, PL20150000790, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, 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 $11,091.79 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON MAY 25, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A9 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR BENT CREEK PRESERVE RECREATION FACILITY, PL20170000342, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, 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 $6,376.24 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JULY 30, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE September 11, 2018 Page 114 Item #16A10 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR MOCKINGBIRD CROSSINGS PHASE 2, PL20160000952 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 - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JULY 30, 2018 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A11 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE SEWER UTILITY FACILITIES FOR BREEZE OF CALUSA, PL20150002733 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 - FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON JULY 30, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A12 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES September 11, 2018 Page 115 FOR AZURE AT HACIENDA LAKES PHASES A1 AND A2, PL 20160003517 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 – FINAL INSPECTION BY STAFF IN COORDINATION WITH PUBLIC FACILITIES WAS CONDUCTED ON AUGUST 1, 2018, AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A13 RESOLUTION 2018-139: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF FIDDLER’S CREEK PHASE FIVE AVIAMAR, UNIT ONE, APPLICATION NUMBER AR-6552; AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A14 RESOLUTION 2018-140: A RESOLUTION FOR FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF VIANSA AT TALIS PARK, APPLICATION NUMBER 20150001986, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A15 September 11, 2018 Page 116 RECORD THE MINOR FINAL PLAT OF EGRETS CROSSING, APPLICATION NUMBER PL20180000399 – LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST Item #16A16 RECORD THE MINOR FINAL PLAT KOPPER'S SUBDIVISION, APPLICATION NUMBER PL20180001836 – LOCATED IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST Item #16A17 A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (PARCEL 127TCE) NECESSARY FOR THE CONSTRUCTION OF THE STORMWATER IMPROVEMENTS IN THE NORTHWEST QUADRANT OF GOLDEN GATE CITY (PROJECT NO. 51029) (FISCAL IMPACT: APPROXIMATELY $3,000) – FOLIO #36372640007 Item #16A18 QUITCLAIM DEED FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONVEYING 51.18 ACRES + OF LAND (PARCEL 120FEE) ADJACENT TO LAKE TRAFFORD IN IMMOKALEE (IMMSIP PROJECT #60143) (ESTIMATED FISCAL IMPACT: $44) – FOR THE FOLLOWING FOLIO’S: #00053960003, #00059640000, #53504880003, #53504920002 AND #53504960004 Item #16A19 September 11, 2018 Page 117 AWARD BID #18-7286 TO FLORIDA SAFETY CONTRACTORS, INC., FOR THE "GOODLETTE-FRANK ROAD AT FLEISCHMANN BOULEVARD ROADWAY AND SIGNALIZATION IMPROVEMENTS" (PROJECT #60172.6) IN THE AMOUNT OF $888,697.31, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A20 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $62,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20160001621) FOR WORK ASSOCIATED WITH FRONTERRA PHASES 1 AND 2 Item #16A21 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.111, PL20130002403 FOR WORK ASSOCIATED WITH ALL SEASONS Item #16A22 AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT 1, LANDINGS AT BEAR’S PAW, ACCORDING TO THE PLAT THEREOF AS RECORDED AT PLAT BOOK 56, PAGES 5 THROUGH 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY – LOCATED AT 1645 VINLAND WAY September 11, 2018 Page 118 Item #16A23 A FLORIDA POWER & LIGHT COMPANY RIGHT- OF-WAY CONSENT AGREEMENT AND ACCOMPANYING MEMORANDUM REQUIRED FOR THE REPLACEMENT OF THE PINE RIDGE CANAL WEIR (PROJECT NO. 60119) (ESTIMATED FISCAL IMPACT: $217) Item #16A24 RECOGNIZE FUNDING FROM A MULTI-YEAR JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COLLIER METROPOLITAN PLANNING ORGANIZATION THAT INCLUDES FEDERAL PASS-THROUGH 49 USC § 5305(D) FUNDING TO PROVIDE FOR THE MPO’S PARTICIPATION IN FIXED ROUTE TRANSIT PLANNING ACTIVITIES AS DESCRIBED IN THE MPO’S UNIFIED PLANNING WORK PROGRAM AND TO AUTHORIZE NECESSARY BUDGET AMENDMENTS FOR GRANT REVENUE IN THE AMOUNT OF $127,862 AND A LOCAL MATCH IN THE AMOUNT OF $14,207 – THE TERMS OF THIS AGREEMENT MUST BE COMPLETED ON OR BEFORE DECEMBER 31, 2018 Item #16A25 A WORK ORDER WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES TO DEVELOP A COASTAL PROGRAM HISTORY AND CONTINUITY PLAN UNDER September 11, 2018 Page 119 CONTRACT #15-6382 FOR A TIME AND MATERIAL NOT TO EXCEED AMOUNT OF $79,556, AUTHORIZE A BUDGET AMENDMENT, AUTHORIZE THE CHAIRMAN TO EXECUTE THE WORK ORDER WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 80165) Item #16A26 AN AGREEMENT AND ALL ATTENDANT DOCUMENTS BETWEEN THE DEPARTMENT OF THE ARMY, U.S. ARMY CORPS OF ENGINEERS (USACE) AND COLLIER COUNTY FOR THE COLLIER COUNTY FEASIBILITY SHORELINE PROTECTION STUDY TO COOPERATIVELY INVESTIGATE LONG TERM FEDERAL SHORELINE PROTECTION WITHIN COLLIER COUNTY, FLORIDA Item #16A27 THE CHAIRMAN TO EXECUTE AGREEMENT NO. 19CO1 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR DREDGING OF WIGGINS PASS, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16A28 RESOLUTION 2018-141: A RESOLUTION SUPPORTING THE COUNTY’S APPLICATIONS TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LONG RANGE September 11, 2018 Page 120 BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT PROJECTS FOR FISCAL YEAR 2019/2020. THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST SHARE FUNDING FOR FUTURE RENOURISHMENT PROJECTS Item #16A29 AFTER-THE-FACT ACCEPTANCE OF A GRANT AWARD FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION UNDER THE BULK DERELICT VESSEL REMOVAL PROGRAM IN THE AMOUNT OF $42,500 AND AUTHORIZE NECESSARY BUDGET AMENDMENT (PROJECT NO 33577) – FOR THE REMOVAL OF THREE VESSELS Item #16A30 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF THREE (3) BEACH AND INLET MANAGEMENT FINANCIAL ASSISTANCE GRANT APPLICATIONS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR NORTH COUNTY BEACHES, SOUTH MARCO ISLAND BEACH, AND THE WIGGINS PASS INLET Item #16B1 AN AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (BAYSHORE GATEWAY TRIANGLE) TO ACCEPT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK September 11, 2018 Page 121 GRANT FUNDS IN THE AMOUNT OF $227,960 FOR THE BAYSHORE GATEWAY TRIANGLE FIRE SUPPRESSION INFRASTRUCTURE PROJECT, AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN THE GRANT AGREEMENT, EXECUTE ALL NECESSARY FORMS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – FOR WATER LINES AND INSTALLING OR UPGRADING FIRE HYDRANTS ALONG BECCA AVENUE AND PINE STREET Item #16B2 THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AN AGREEMENT WITH COLLIER COUNTY TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN THE AMOUNT OF $200,000 FOR THE FOR THE IMMOKALEE CRA SIDEWALKS PROJECT, AUTHORIZES THE CHAIRMAN OF THE BOARD TO SIGN THE GRANT AGREEMENT, AND AUTHORIZE NECESSARY BUDGETS AMENDMENTS – FOR THE SIDEWALKS ALONG CARVER STREET, SOUTH FIFTH STREET TO FIRST STREET AND SOUTH FIFTH STREET FROM EUSITIS AVE TO DELAWARE AVENUE Item #16B3 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), APPROVE THE RELOCATION OF THE BAYSHORE GATEWAY TRIANGLE CRA OFFICE TO 2348 PINELAND September 11, 2018 Page 122 AVENUE, APPROVE A NEW OFFICE LEASE AGREEMENT WITH CHRISHELLE III, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN – PROVIDING LONG-TERM OFFICE SPACE FOR STAFF AND COMMUNITY MEETINGS Item #16B4 STAFF TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE 97-82, AS AMENDED, WHICH CREATED THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO EXPAND THE DISTRICT BOUNDARY TO INCLUDE COUNTY OWNED RIGHT-OF-WAY IDENTIFIED FOR THE PURPOSE OF CONSTRUCTING PEDESTRIAN STREETSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF- WAY ALONG THOMASSON DRIVE Item #16C1 AN AGREEMENT BETWEEN THE DIOCESE OF VENICE IN FLORIDA, QUALITY ENTERPRISES, INC. AND COLLIER COUNTY TO CONSTRUCT A GRAVITY WALL TO ADDRESS AN UNSAFE SLOPE CONDITION ON A WASTE WATER PUMP STATION RELOCATION PROJECT – THAT IS CURRENTLY LOCATED AT SAINT PETER THE APOSTLE CATHOLIC CHURCH ON RATTLESNAKE HAMMOCK ROAD PROPERTY Item #16C2 AWARD INVITATION TO BID #18-7362, NORTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS SKID INSTRUMENT UPGRADE, TO HARN RO SYSTEMS, September 11, 2018 Page 123 INC., IN THE AMOUNT OF $189,177 (PROJECT NUMBER 71066) Item #16C3 AWARD INVITATION TO BID #18-7396 “PUBLIC UTILITIES TOWER PACKING MEDIA REPLACEMENT” TO HARRINGTON INDUSTRIAL PLASTICS LLC, IN THE UNIT AMOUNT OF $8.10 PER CUBIC FOOT FOR THE PURCHASE OF REPLACEMENT DEGASIFICATION AND ODOR CONTROL TOWER PACKING MEDIA AT THE NORTH AND SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS Item #16C4 FIRST AMENDMENT TO GROUND LEASE AGREEMENT AND MEMORANDUM OF LEASE WITH THE VERIZON WIRELESS PERSONAL COMMUNICATIONS LP D/B/A VERIZON WIRELESS AT EAST NAPLES COMMUNITY PARK – EXTENDING THE LEASE TERM SFOR AN ADDITIONAL TWENTY-FIVE YEARS (INCLUDES ALL RENEWAL OPTIONS), INCREASEING THE RENT TO $48,000 BEGINNING JANUARY 2018 WITH A 20% INCREASE IN RENT THE FIFTH YEAR AND EACH RENEWAL TERM AND PROVIDE THE COUNTY WITH A ONE-TIME CONTRIBUTION OF $10,000 Item #16C5 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A BEARWISE FUNDING GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION September 11, 2018 Page 124 COMMISSION (FWC) FOR THE IMPLEMENTATION OF THE BEAR RESISTANT TRASH ROLL CART PROGRAM IN THE AMOUNT OF $100,000 Item #16C6 AN AGREEMENT TO PROVIDE PARTIAL FUNDING TO THE GREATER NAPLES FIRE AND RESCUE DISTRICT, A SPECIAL DISTRICT CREATED BY LAWS OF FLORIDA, CHAPTER 2014- 240, FROM REVENUE DERIVED FROM THE GAC LAND SALES, TO PURCHASE A BRUSH TRUCK IN THE AMOUNT OF $106,362.72, AND TO AUTHORIZE A BUDGET AMENDMENT TO TRANSFER THE FUNDS – TO BE HOUSED AT STATION 71, LOCATED ON 13TH STREET SW IN GOLDEN GATE ESTATES Item #16C7 A $351,250 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-127 TO QUALITY ENTERPRISES USA, INC., FOR THE SRO WELLFIELD FLOW METER REPLACEMENT PHASE II PROJECT NO. 70085 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – TO MAINTAIN THE RAW WATER SUPPLY FOR THE REVERSE OSMOSIS SYSTEM AT THE SOUTH COUNTY REGIONAL WATER TREATMET PLANT Item #16C8 PAYMENT TO CARRIER RENTAL SYSTEMS IN THE AMOUNT OF $4,881 UNDER EMERGENCY PURCHASE September 11, 2018 Page 125 ORDER #4500187611 FOR THE EMERGENCY RENTAL OF TWO HVAC UNITS SERVICING THE IMMOKALEE SPORTS COMPLEX Item #16C9 CHANGE ORDER NO. 5 FOR CONTRACT #16-6638 WITH MITCHELL & STARK CONSTRUCTION CO., INC., TO ADD 20 DAYS AND $481,571.05 TO THE VANDERBILT DRIVE CUL- DE-SACS PUBLIC UTILITY RENEWAL PROJECT (PROJECT NO. 70122), AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16C10 PAYMENT FOR THE NEGOTIATED AMOUNT OF $573,090.94 TO ASHBRITT ENVIRONMENTAL SERVICES, INC., FOR EMERGENCY MOBILIZATION/DEMOBILIZATION, MARKUPS AND RENTAL OF GENERATORS DURING THE HURRICANE IRMA STORM RELATED RESPONSE Item #16C11 – Withdrawn (Per Agenda Change Sheet); Remained on Agenda (Per County Manager during Agenda Changes) TECHNICAL ASSISTANCE TO EVERGLADES CITY AS THE CITY’S CONSULTANT REGARDING MANAGEMENT OF THE EVERGLADES CITY UTILITY SYSTEM IN ACCORDANCE WITH THE TECHNICAL ASSISTANCE INTERLOCAL AGREEMENT BETWEEN THE COUNTY, THE COLLIER COUNTY WATER-SEWER DISTRICT, AND THE CITY OF EVERGLADES CITY AS APPROVED BY THE BOARD OF September 11, 2018 Page 126 COUNTY COMMISSIONERS ON DECEMBER 12, 2017 (AGENDA ITEM #11E) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 THE CONVEYANCE OF A BUS STOP SHELTER REVOCABLE EASEMENT ON PROPERTY OWNED BY CIRCLE K STORES, INC. – FOR AN ADA COMPLIENT BUS STOP SHELTER LOCATED AT 1033 AIRPORT-PULLING RD. SOUTH Item #16D2 A BUDGET AMENDMENT RECOGNIZING $63,796.11 IN REVENUE RECEIVED UNDER THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM Item #16D3 A BUDGET AMENDMENT RECOGNIZING $361,101.19 OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INCOME FOR FISCAL YEAR 2017/2018 – FOR HOUSING STRAGITIES FOR THE LOW TO MEDERATE INCOME PERSONS THROUGH THE SHIP PROGRAM Item #16D4 A BUDGET AMENDMENT INCREASING THE FY 2017-2018 STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM ALLOCATION BY $6,011– FOR HOUSING STRAGITIES FOR THE LOW TO MEDERATE INCOME September 11, 2018 Page 127 PERSONS THROUGH THE SHIP PROGRAM Item #16D5 THREE (3) SATISFACTION OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM FOR PAYMENT IN THE AMOUNT OF $32,224.68 – LOCATED AT 1205 ALLEGIANCE WAY, IMMOKALEE; 7419 BRISTOL CIRCLE, NAPLES AND 3751 JUSTICE CIRCLE, IMMOKALEE Item #16D6 NINETEEN (19) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $163,500 – LOCATED AT 200 TURTLE LAKE COURT #106, NAPLES; 12154 AMERIOUS LANE, NAPLES; 3520 45TH AVE NE, NAPLES; 3787 JUSTICE CIRCLE, IMMOKALEE; 4287 23RD AVE SW, NAPLES; 3560 RANDALL BLVD, NAPLES; 5352 GILCHRIST ST, NAPLES; 5232 19TH PLACE SW, NAPLES; 5229 JENNINGS ST, NAPLES; 1163 SERENITY WAY, IMMOKALEE; 5237 JOHNS ST, NAPLES; 2731 EDEN AVE, IMMOKALEE; 4005 CINDY AVE, NAPLES; 755 41ST AVE SW, NAPLES; 5358 TRAMMEL ST, NAPLES; 1012 RIDGE ST, NAPLES; 5181 20TH ST SW, NAPLES AND 3440 22ND AVE NE, NAPLES Item #16D7 FIVE (5) RELEASES OF LIEN IN THE AMOUNT OF $62,381.51 FOR FULL PAYMENT OF THE DEFERRAL OF 100 PERCENT September 11, 2018 Page 128 OF COUNTYWIDE IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS – LOCATED AT 3787 JUSTICE CIRCLE, IMMOKALEE; 4430 BONTANICAL PLACE #304, NAPLES; 3568 LIBERTY WAY, IMMOKALEE; 3803 JUSTICE CIRCLE (SLIGER), IMMOKALEE AND 3803 JUSTICE CIRCLE (HABITAT FOR HUMANITY), IMMOKALEE Item #16D8 THE CHAIRMAN TO SIGN TWO (2) RELEASES OF LIEN FOR AN AFFORDABLE HOUSING DENSITY BONUS (AHDB) AGREEMENT FOR UNITS SOLD WHICH ARE NO LONGER SUBJECT TO THE TERMS OF THE AGREEMENT - FOLIO #24778006448 AND FOLIO #24680903684 Item #16D9 FIVE (5) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM IMPACT FEE RELEASES OF LIEN IN THE AMOUNT OF $33,531.04 FOR THE ASSOCIATED OWNER- OCCUPIED AFFORDABLE HOUSING DWELLING UNIT WHERE THE OBLIGATION HAS BEEN REPAID IN FULL OR THE TERM HAS BEEN MET – LOCATED AT 5223 COLLINS STREET, NAPLES; 14681 APALACHEE STREET, NAPLES; 5341 GILCHRIST STREET, NAPLES; 1163 SERENITY WAY, IMMOKALEE AND 12154 AMERICUS LANE, NAPLES Item #16D10 THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ANNUAL REPORTS AND LOCAL HOUSING INCENTIVE September 11, 2018 Page 129 CERTIFICATION FOR CLOSEOUT FISCAL YEAR 2014/2015 AND INTERIM FISCAL YEARS 2015/2016, 2016/2017, AND 2017/2018 TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D11 RESOLUTION 2018-142: A RESOLUTION AUTHORIZING AND APPROVING A RELEASE, ASSIGNMENT, AND ASSUMPTION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY WITH THE TRANSFEROR, TUSCAN ISLE COMMUNITY, LTD., FOR PROPERTY LOCATED WITHIN THE SADDLEBROOK PUD Item #16D12 ACKNOWLEDGE, ACCEPT, AND APPROPRIATE A NON- CASH CHARITABLE BOOK COLLECTION DONATION TO BENEFIT THE COLLIER COUNTY PUBLIC LIBRARY, AND AUTHORIZE THE COUNTY MANAGER, OR DESIGNEE, TO SIGN IRS FORM 8283 FOR DOCUMENTING CHARITABLE CONTRIBUTIONS – FOR A COLLECTION OF 3,987 BOOKS THAT WERE INDEPENDENTLY APPRAISED FOR $9,816.50 Item #16D13 AUTHORIZE BUDGET AMENDMENTS CARRYING FORWARD AND RE-APPROPRIATING THE BUDGET PROVIDED FOR CONSERVATION COLLIER LAND September 11, 2018 Page 130 ACQUISITIONS Item #16D14 A REVISED AGREEMENT FOR SALE AND PURCHASE WITH ORLANDO V. BUENO AND MARGARITA C. COSTA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLAUDIO COSTA, DECEASED, FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $35,400 – FOLIO #39957760008 Item #16D15 THE ELECTRONIC SUBMITTAL OF A FUNDING ASSISTANCE PROPOSAL TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S (FWC) INVASIVE PLANT MANAGEMENT SECTION (IPMS) FOR CONTRACTOR SERVICES WORTH $208,000 DURING FY2019 TO TREAT INVASIVE EXOTIC VEGETATION WITHIN CONSERVATION COLLIER’S PEPPER RANCH, RED MAPLE SWAMP, AND WET WOODS PRESERVES Item #16D16 AWARD INVITATION TO BID (ITB) #18-7376 “NON-BULK CHEMICALS, REAGENTS, AND POOL SUPPLIES” TO MULTIPLE AWARDEES: CATEGORY 1 - NON-BULK CHEMICALS TO HAWKINS, INC.; CATEGORY 2 - REAGENTS TO COMMERCIAL ENERGY SPECIALIST; AND CATEGORY 3 - POOL SUPPLIES TO RECREONICS, INC. September 11, 2018 Page 131 Item #16D17 A BUDGET AMENDMENT TO CENTRALIZE THE SEA TURTLE MONITORING BUDGET BY TRANSFERRING EXISTING BUDGET IN THE AMOUNT OF $30,000 FROM PARK’S BEACH AND WATER PARK OPERATIONS TO SEA TURTLE MONITORING FUND (119) Item #16D18 RESOLUTION 2018-143: THE REMOVAL OF UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $12,250.35 FROM THE FINANCIAL RECORDS OF THE PARKS AND RECREATION DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006- 252 AND AUTHORIZE THE CHAIR TO EXECUTE ATTACHED RESOLUTION Item #16D19 CHAIRMAN TO SIGN THE STANDARD HUD ENTITLEMENT AGREEMENTS UPON ARRIVAL; APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN ELEVEN (11) SUB-RECIPIENT AGREEMENTS FOR ACTIVITIES PREVIOUSLY APPROVED IN THE FY2018-19 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND EMERGENCY SOLUTIONS GRANT PROGRAMS (ESG), AND ONE (1) SUB- RECIPIENT AGREEMENT FOR A HOUSING ACTIVITY PREVIOUSLY APPROVED IN THE FY2017-18 ACTION PLAN; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, IN THE AMOUNT OF $3,470,652 FOR THE September 11, 2018 Page 132 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2018-2019 BUDGET AS APPROVED IN THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS Item #16D20 A 2018 FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5324 EMERGENCY RELIEF GRANT APPLICATION IN THE AMOUNT OF $226,326.76 TO REPAIR DAMAGES TO COLLIER AREA TRANSIT (CAT) VEHICLES AND FACILITIES AS A RESULT OF HURRICANE IRMA, APPROVE THE ACCEPTANCE OF THE AWARD THROUGH THE TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS), AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16D21 A ONE-YEAR TIME EXTENSION AMENDMENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION AGREEMENT (JPA) G0575 OF THE STATE DISCRETIONARY TRANSIT SERVICE DEVELOPMENT GRANT FOR THE CREATION AND IMPLEMENTATION OF A MOBILE PHONE APPLICATION FOR COLLIER AREA TRANSIT (CAT) PASSENGERS Item #16D22 WAIVE THE FEES FOR THE IMMOKALEE COMMUTER BUS ROUTE ON SATURDAY, OCTOBER 6, 2018, FROM 10:00 A.M. UNTIL 2:00 P.M. FOR THE IMMOKALEE BIG BUS EVENT September 11, 2018 Page 133 SPONSORED BY THE DEPARTMENT OF HEALTH IN IMMOKALEE, FLORIDA Item #16D23 TWO (2) AFTER-THE-FACT GRANT REQUESTS TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP), ONE (1) FOR FUNDING IN THE AMOUNT OF $150,000 TO PURCHASE AND INSTALL A PLAYGROUND AT VINEYARDS COMMUNITY PARK AND ONE (1) FOR FUNDING IN THE AMOUNT OF $150,000 TO PURCHASE AND INSTALL A PLAYGROUND AT EAST NAPLES COMMUNITY PARK Item #16E1 VICTORY LAYNE CHEVROLET AS A SINGLE SOURCE VENDOR FOR CHEVROLET MEDIUM DUTY TRUCK AND VAN PARTS AND SERVICE – PURCHASES WILL BE MADE BY EITHER P-CARD OR PURCHASE ORDER Item #16E2 A BUDGET AMENDMENT TO APPROPRIATE FUNDS REIMBURSED THROUGH FDOT TO GREATER NAPLES FIRE DISTRICT FOR PARAMEDIC-LEVEL SERVICE AT FIRE STATION #63 ON ALLIGATOR ALLEY UTILIZING COUNTY PARAMEDICS IN THE AMOUNT OF $415,000 – LOCATED AT MILE MARKER 63 REST AREA September 11, 2018 Page 134 Item #16E3 AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF HAZARD MITIGATION PROGRAM GRANT APPLICATIONS FOR FEMA 4337-DR-FL084-DR-FL “HURRICANE IRMA” TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA REGION IV), THROUGH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT, FOR VARIOUS MITIGATION PROJECTS IN THE TOTAL AMOUNT OF $22,034,000 - REDUCING THE RISK OF LOSS OF LIFE AND PROPERTY DAMAGE DURING FUTURE DISASTERS Item #16E4 THE CHAIR TO EXECUTE A FEDERALLY FUNDED SUBGRANT AGREEMENT TO ACCEPT THE ANNUAL EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE AMOUNT OF $106,875 FOR EMERGENCY MANAGEMENT PLANNING, RESPONSE, AND MITIGATION EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – BUDGETED FOR THE PURCHASE OF COMMUNICATION EQUIPMENT, SHELTER SUPPLIES, EOC ENHANCEMENT AND DISASTER RESPONSE EQUIPMENT Item #16E5 EXPENDITURES IN EXCESS OF $50,000 ANNUALLY FOR PARAMEDIC TRAINING AT HODGES UNIVERSITY Item #16E6 – Moved to Item #11B (Per Agenda Change Sheet) September 11, 2018 Page 135 Item #16E7 AWARD INVITATION TO BID #18-7330 “MEDICATIONS FOR EMERGENCY MEDICAL SERVICES” TO BOUND TREE MEDICAL, LLC Item #16E8 REMIT ANY REMAINING MSTU FUNDS FOR ISLES OF CAPRI MUNICIPAL FIRE SERVICES TAXING DISTRICT, FIDDLERS CREEK MUNICIPAL RESCUE AND FIRE SERVICES DISTRICT, AND COLLIER COUNTY FIRE CONTROL MUNICIPAL SERVICE TAXING UNIT TO GREATER NAPLES FIRE DISTRICT IN ACCORDANCE WITH THE BOARD’S APPROVAL TO REPEAL ORDINANCES 1978-49 ISLE OF CAPRI, 1984-84 COLLIER COUNTY FIRE CONTROL AND 2015-18 FIDDLER’S CREEK – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E9 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E10 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING September 11, 2018 Page 136 BOARD APPROVAL – FOR AN ERROR ON A THE HEARING NOTICE REGARDING TIME FOR SCHEDULING PUBLIC HEARING THAT REQUIRED CORRECTION WITH 155,918, 4X8, SPECIAL ORDER PROPERTY OWNER INSERT CARDS TOTALING $4,885.65 Item #16F1 BOARD RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN ABSENTIA MEETING(S) DATED JULY 24, 2018; AUGUST 14, 2018 AND AUGUST 28, 2018) JULY 24, 2018 A. RECOMMENDATION TO AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $600,000 TO FUND EMERGENCY RESPONSE AND REPAIR THAT MAINTAINS COMPLIANCE FOR THE PUBLIC UTILITIES DEPARTMENT’S WASTEWATER DIVISION B. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATION REQUIRING BOARD APPROVAL C. TO RECORD IN THE MINUTES OF THE BOARD September 11, 2018 Page 137 OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD)’ AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JUNE 28 AND JULY 11, 2018 PURSUANT TO FLORIDA STATUTE 136.06 D. REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JULY 18, 2018 AUGUST 14, 2018 A. RECOMMENDATION TO APPROVE THE ISSUANCE OF AN EXTENSION LETTER EXTENDING THE EXISTING CONTRACT WITH FILTER PRO USA, LLC, D/B/A KLEEN AIR RESEARCH UNDER BID #14-6304, “AIR FILTRATION SERVICES: FOR A PERIOD OF SIX MONTHS TO ALLOW STAFF TO RE-SOLICIT THESE SERVICES B. RECOMMENDATION TO AWARD INVITATION TO BID NO. 18-7405 “MARCO ISLAND MUSEUM ELECTRIC GENERATOR INSTALLATION: TO COMPASS CONSTRUCTION IN THE AMOUNT OF $197,943, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT September 11, 2018 Page 138 C. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN THE FIRST AMENDMENT TO THE AGREEMENT WITHLEECORP HOMES, INC., PRESTIGE HOME CENTERS, INC., HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., AND RURAL NEIGHBORHOODS INCORPORATED FOR THE ADMINISTRATION OF THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) DEMEOLITION AND/OR REPLACEMENT OF MANUFACTURED HOUSING AND OWNER- OCCUPIED REHABILITATION PROGRAMS D. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT E. RECOMMENDATION TO ACCEPT THE REPORT FOR THE SALE OF ITEMS AND DISBURSEMENT OF FUNDS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD ON JUNE 30, 2018 F. RECOMMENDATION TO AUTHORIZE EXPENDITURES EXCEEDING THE $50,000 ADMINISTRATIVE APPROVAL THRESHOLD IN ACCORDANCE WITH THE COUNTY’S PROCUREMENT ORDINANCE NO. 2017-08 FOR ROBERT HALF INTERNATIONAL, INC., FOR September 11, 2018 Page 139 TEMPORARY PERSONNEL SERVICES FOR THE PROCUREMENT SERVICES DIVISION G. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PROPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL H. TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JULY 12 AND AUGUST 1, 2018 PURSUANT TO FLORIDA STATUTE 136.06 I. REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF AUGUST 8, 2018 AUGUST 28, 2018 A. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), APPROVE AN AMENDMENT TO CONTRACT #17-7050 IN THE AMOUNT OF September 11, 2018 Page 140 $49,555 TO COMPLETE ADDITIONAL PLANNING SERVICES RELATED TO THE BAYSHORE GATEWAY TRIANGLE CRA REDEVELOPMENT PLAN UPDATE AND AUTHORIZE THE CHAIR TO EXECUTE THE AMENDMENT B. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIR TO EXECUTE CONTRACT NO. 17-7213, “DESIGN AND RELATED SERVICES FOR GOODLAND DRIVE REHABILITATION PROJECT” IN THE AMOUNT OF $347,723.00 BETWEEN COLLIER COUNTY AND Q. GRADY MINOR & ASSOCIATES, P.A., (PROJECT NO. 60200) C. RECOMMENDATION TO APPROVE A STANDARD GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE RED TIDE CLEANUP SERVICES TO COLLIER COUNTY’S BEACHES AND INLAND WATERWAYS UNDER THE STATE OF FLORIDA’S EXECUTIVE ORDER 18-221, AUTHORIZE AMENDMENTS TO THE EXISTING CONTRACT AGREEMENTS FOR CROWDERGULF JOINT VENTURE, INC. AND ASHBRITT INC. TO PROVIDE INLAND WATERWAYS FISH CLEANUP AND APPROVE ALL NECESSARY BUDGET AMENDMENTS (PROJECT NO. 33584) September 11, 2018 Page 141 D. RECOMMENDATION TO AWARD INVITATION TO BID NO. 18-7391 HVAC MODIFICATIONS TO NORTH COLLIER REGIONAL WATER TREATMENT PLANT TO CEDARS ELECTRO- MECHANICAL, INC., IN THE AMOUNT OF $217,000 (PROJECT #70118), AUTHORIZE THE NECESSARY BUDGET AMENDMENT OF $217,000 AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT E. RECOMMENDATION TO AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $224,000 TRANSFERRING FUNDS BETWEEN COST CENTERS AND LINE ITEMS WITHIN THE MANDATORY RESIDENTIAL SOLID WASTE FUND (473) TO COVER HIGHER THAN ANTICIPATED EXPENSES FOR CART REPLACEMENTS AND HURRICANE IRMA RELATED WASTE DISPOSAL F. RECOMMENDATION TO APPROVE THE 2018 ANNUAL PROGRESS REPORT OF THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN (TDP) THROUGH A TDP MINOR UPDATE AND AUTHORIZE ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) G. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR September 11, 2018 Page 142 DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT H. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORTS PROPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL I. REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED JUNE 30, 2018 J. TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 2 AND AUGUST 15, 2018 PURSUANT TO FLORIDA STATUTE 136.06 K. REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF AUGUST 22, 2018 L. RECOMMENDATION TO AUTHORIZE LEGAL ACTION, UP TO AND INCLUDING THE FILING OF SUIT AGAINST THE COUNTY’S PROPERTY September 11, 2018 Page 143 INSUTANCE CARRIERS AND INSURANCE BROKER, TO PURSUE PARTIAL REIMBURSEMENT OF THE COSTS INCURRED FOR THE DEBRIS REMOVAL FROM ROADWAYS AND MEDIANS, DUE TO HURRICANE IRMA Item #16F2 USE TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING OCTOBER 2018 SPORTS TOURISM EVENT UP TO $7,350 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – THE FLORIDA FIRE COLUMBUS DAY TOURNAMENT WILL TAKE PLACE ON OCTOBER 6-8, 2018 AT THE NORTH COLLIER REGIONAL PARK Item #16F3 USE TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT AN ADDITIONAL OCTOBER 2018 SPORTS TOURISM EVENT, UP TO $4,500, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – THE ALLIGATOR ALLEY FALL CLASSIC WILL TAKE PLACE ON OCTOBER 19-21, 2018 AT THE NORTH COLLIER REGIONAL PARK Item #16F4 THE CHAIRMAN TO EXECUTE TOURIST DEVELOPMENT TAX GRANT AGREEMENTS FOR FY2019 FOR MARKETING September 11, 2018 Page 144 AND EVENT GRANTS ($120,000) AND NON-COUNTY OWNED/OPERATED MUSEUMS GRANTS ($722,321) AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F5 AN AMENDMENT TO THE 2017 TOURISM AGREEMENT WITH FRIENDS OF THE FAKAHATCHEE, INC. (FOF) TO EXTEND THE TERM 90 DAYS TO DECEMBER 29, 2018, CARRY FORWARD THE FUNDING TO FY2019, AND MAKE A FINDING THAT THIS PROJECT PROMOTES TOURISM Item #16F6 REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – FOR CATT TRANSIT ENHANCE FUND 426 AND DOMESTIC ANIMAL SERVICES DONATIONS FUND 180 Item #16F7 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $530,027,210 OF UNSPENT FY2018 GRANT AND PROJECT BUDGETS INTO FY2019 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F8 RESOLUTION 2018-144: A RESOLUTION APPROVING September 11, 2018 Page 145 AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FY2017-18 ADOPTED BUDGET Item #16J1 A BUDGET AMENDMENT RECOGNIZING ALBERT NETWORK MONITORING SOLUTION GRANT FUNDS IN THE AMOUNT OF $15,425.69 – FOR THE SUPERVISOR OF ELECTIONS TO IMPROVE THE ADMINISTRATION OF THE FEDERAL ELECTIONS Item #16J2 A BUDGET AMENDMENT RECOGNIZING ELECTIONS SECURITY GRANT FUNDS UNDER THE HELP AMERICA VOTE ACT IN THE AMOUNT OF $261,657.34 – MAKING CERTIN ELECTION SECURITY IMPROVEMENTS Item #16J3 AFTER THE FACT APPROVAL TO DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, COPS SCHOOL VIOLENCE PREVENTION PROGRAM GRANT (SVPP) FY2018. AUTHORIZE THE ACCEPTANCE OF THE GRANT WHEN AWARDED, AUTHORIZE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2018 SVPP GRANT FUNDS September 11, 2018 Page 146 Item #16J4 A BUDGET AMENDMENT RE-APPROPRIATING $762,578.46 FROM SHERIFF ACCESS MANAGEMENT PROJECTS PROJECT (50159) TO THE RECORDS MANAGEMENT PROJECT (53011) FOR THE COMPLETION OF THE COMPUTER-AIDED DISPATCH (CAD) PROJECT Item #16J5 A BUDGET AMENDMENT FROM THE SHERIFF’S SECOND DOLLAR TRAINING FUND 608 IN THE AMOUNT OF $115,000 Item #16J6 AFTER THE FACT APPROVAL TO DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY18 LOCAL STANDARD GRANT; AUTHORIZE THE ACCEPTANCE OF THE GRANT WHEN AWARDED; APPROVE ASSOCIATED BUDGET AMENDMENTS; AND APPROVE THE COLLIER COUNTY SHERIFF’S OFFICE TO RECEIVE AND EXPEND 2018 JAG STANDARD GRANT FUNDS Item #16J7 CHAIRMAN TO SIGN AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF’S OFFICE TO HAVE TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN September 11, 2018 Page 147 THE STONECREEK SUBDIVISION – LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16J8 COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE REPEALING ORDINANCE NO. 76-24 (GAIN TIME FOR PRISONERS) IN ORDER TO ADOPT, BY RESOLUTION, A REVISED POLICY OF AUTHORIZING GAIN TIME FOR COUNTY PRISONERS PURSUANT TO SECTION 951.21, FLORIDA STATUTES Item #16J9 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 5, 2018 Item #16J10 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 AUGUST 16 AND AUGUST 29, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $33,000 FOR PARCEL 234RDUE, PLUS $9,000 FOR September 11, 2018 Page 148 STATUTORY ATTORNEY FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. ARABEL SUBIAUT, ET AL, CASE NO. 14-CA-2762, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION (PROJECT NO. 60040) (FISCAL IMPACT: $38,500) Item #16K2 THE SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES RELATING TO RETENTION AGREEMENT NABORS, GIBLIN & NICKERSON P.A. EXTENDING THE EXPIRATION DATE TO NOVEMBER 17, 2021. THERE IS NO NEW FISCAL IMPACT ASSOCIATED WITH THIS AMENDMENT Item #16K3 AMENDMENT WITH LEXISNEXIS TO PROVIDE ONLINE LEGAL RESEARCH SERVICES TO THE COUNTY ATTORNEY’S OFFICE AND AUTHORIZE THE COUNTY ATTORNEY TO SIGN THE AMENDMENT Item #16K4 THE BOARD OF COUNTY COMMISSIONERS APPROVE ADDENDUM NUMBER 2 TO THE RECODIFICATION AGREEMENT DATED SEPTEMBER 22, 1992 WITH MUNICIPAL CODE CORPORATION TO PROVIDE FOR AN ANNUAL ADMINISTRATIVE SUPPORT FEE OF $500 Item #16K5 September 11, 2018 Page 149 RESOLUTION 2018-145: TO APPOINT A MEMBER TO THE COLLIER COUNTY CITIZEN CORPS – APPOINTING CARLOS ALVAREZ WITH TERM EXPIRING ON NOVEMBER 5, 2021 Item #16K6 RESOLUTION 2018-146: REAPPOINT AN ALTERNATE MEMBER AS A REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD – REAPPOINTING KATHLEEN K. ELROD WITH TERM EXPIRING ON FEBRUARY 14, 2019 Item #16K7 THE COUNTY ATTORNEY TO OPT THE COUNTY IN AS A PARTY PLAINTIFF, IN THE CLASS-ACTION LAWSUIT STYLED KANE COUNTY, UTAH V. UNITED STATES, CASE NOS. 17-739C AND 17-1991C (CONSOLIDATED), TO RECOVER A LARGE PORTION OF THE $53,117 (APPROXIMATELY $35,058, AFTER OFFSET FOR ATTORNEY FEES AND LITIGATION EXPENSES) THAT WAS NOT PAID TO THE COUNTY FOR FISCAL YEARS 2015-2017, PURSUANT TO THE PAYMENTS IN LIEU OF TAXES ACT (PILT) Item #17A RESOLUTION 2018-147: PETITION VAC-PL20170004446 TO DISCLAIM, RENOUNCE AND VACATE THE CONSERVATION EASEMENT DESCRIBED IN O.R. BOOK 3635, PAGE 3683 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE September 11, 2018 Page 150 OF LIVINGSTON WOODS LANE, JUST NORTH OF THE PINE RIDGE ROAD AND WHIPPOORWILL LANE INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17B RESOLUTION 2018-148: PETITION VAC-PL20180001141, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 10-FOOT DRAINAGE EASEMENT ON THE NORTH SIDE OF THE PROPERTY AND A PORTION OF THE 15-FOOT DRAINAGE EASEMENT ON THE SOUTH SIDE OF THE PROPERTY, ON LOT 35, COLLIER COUNTY PRODUCTION PARK PHASE 1-B, AS RECORDED IN PLAT BOOK 1, PAGES 7-8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, JUST SOUTH OF EXCHANGE AVENUE IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17C ORDINANCE 2018-41: AN ORDINANCE AMENDING ORDINANCE NO. 85-83, AN ORDINANCE AMENDING NO. 85- 21, WHICH AMENDED NO. 77-48, THE LELY BAREFOOT BEACH PLANNED UNIT DEVELOPMENT (PUD); BY AMENDING SECTION 10.5.6 MAXIMUM BUILDING HEIGHT FOR TRACT I TO INCREASE THE HEIGHT FROM TWO HABITABLE FLOORS TO THREE HABITABLE FLOORS; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY KNOWN AS BAYFRONT GARDENS IS LOCATED September 11, 2018 Page 151 SOUTH OF BONITA BEACH ROAD IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA [PL20170004421] Item #17D RESOLUTION 2018-149: (DISTRICT I) RESOLUTION 2018-150: (DISTRICT II): RESOLUTIONS APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON- AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $26,219,500 Item #17E RESOLUTION 2018-151: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET Item #17F September 11, 2018 Page 152 RESOLUTION 2018-152: A RESOLUTION EXPANDING THE COLLIER COUNTY WATER-SEWER DISTRICT’S SERVICE AREA TO COINCIDE WITH THE UNINCORPORATED AREA PERMITTED BY CHAPTER 2003-353, LAWS OF FLORIDA Item #17G – Moved to Item #9D (Per Agenda Change Sheet) ***** September 11, 2018 Page 153 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:21 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ______________________________ ANDY SOLIS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK __________________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.