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BCC Minutes 11/13/2018 RNovember 13, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 13, 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 Troy Miller, Communications & Customer Relations Page 1 November 13, 2018 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 13, 2018 9:00 AM Commissioner Andy Solis, District 2 - BCC Chair Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair Commissioner Donna Fiala, District 1; CRAB Co-Chair Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.” PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 2 November 13, 2018 WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Beverly Duncan of Naples United Church of Christ 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent agenda.) B. October 9, 2018 - BCC/Regular Meeting Minutes C. October 23, 2018 - BCC/Regular Meeting Minutes 3. AWARDS AND RECOGNITIONS A. EMPLOYEE Page 3 November 13, 2018 B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 1) Recommendation to recognize Carlos Cabrera, Maintenance Worker, Public Services Department as the October 2018 Employee of the Month. 4. PROCLAMATIONS A. Proclamation designating November 2018 as Paddlesports Month in Collier County. To be accepted by Mike Devlin, President, Friends of the Paradise Coast Blueway Paddling Trail. B. Proclamation recognizing the Big Cypress Chapter - National Society Daughters of the American Revolution, for 50 years of service to Collier County. To be accepted by Judy Goby-Oxtoby, Shirley Hoerle, and Brigitte van den Hove-Smith. C. Proclamation designating November 2018 as National Hospice and Palliative Care Month in Collier County, and recognizing the professionals, staff and volunteers who provide care to patients up to their final moments. To be accepted by representatives of Avow Hospice: Jaysen Roa, Phyllis Hall, Annalise Smith, Rebecca Gatian and Mark Beland. D. Proclamation designating November 18 - 24, 2018 as National Farm-City Week in Collier County. To be accepted by Brian Goguen, 2018 Chairman of the Farm-City BBQ; Cyndee Woolley, President of the Farm-City BBQ of Collier County, Inc.; and representatives of Collier County 4H Association, Youth Leadership Collier, Collier County Junior Deputies League and Key Club International. E. Proclamation honoring the Naples Botanical Garden for receiving the prestigious Museum Excellence Award from the Florida Association of Museums and to further recognize the dedication shown by its leadership to recover the garden from the ravages of Hurricane Irma. To be accepted by Donna McGinnis, President and CEO, and Erin Wolfe Bell, Director of Page 4 November 13, 2018 Development Operations. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for November 2018 to the Sanchez-Casal Florida Club & Tennis Academy. To be accepted by Coach Pavel Slozil and Rogelio de Haro. Also present is Bethany Sawyer of the Greater Naples Chamber of Commerce. B. Presentation to provide information on the implementation of the county- wide “Alert Collier” emergency notification system initiative, which establishes a system of communications and warnings to ensure that the county’s population is notified of developing emergency situations. 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 8. BOARD OF ZONING APPEALS A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a conditional use to allow a church within an Estates Zoning District pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for property located on the southeast corner of Golden Gate Boulevard and Collier Boulevard in Section 11, Township 49 South, Range 26 East, Collier County, Florida. (PL20160002577) (This is a Companion to Agenda Item #9.A) 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve by Ordinance petition PL20160002584/CPSS- 2017-1, a Growth Management Plan Small Scale Amendment specific to the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow church uses for the Grace Romanian Baptist Church. (Adoption Hearing) (This is a Companion to Agenda Item #8.A) Page 5 November 13, 2018 B. Recommendation to review and approve the 2018 combined Annual Update and Inventory Report on Public Facilities and Schedule of Capital Improvements as provided for in Section 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a Resolution that updates the 5-Year Capital Improvement Schedules. (PL20180000271/CPSP-2018-1) 10. BOARD OF COUNTY COMMISSIONERS A. This item to be heard at 9:30 a.m. Recommendation that the Board direct the County Manager to bring back for consideration a determination that would allow the acquisition of the 28.46-acre Hack Property through the Conservation Collier Program. (Commissioner Saunders) 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:45 a.m. Recommendation to authorize staff to initiate an Invitation to Negotiate (ITN) process for the development of housing that is affordable on the (1) County-Owned Bembridge property, and (2) the CountyOwned Manatee property proposed to be co-located with a passive park; as both properties were previously identified as suitable for the development of housing that is affordable in accordance with the Community Housing Plan. (Cormac Giblin, Manager, Grant and Housing Development, Community and Human Services Division) B. This item was continued from the October 23, 2018 BCC Meeting. Recommendation to accept an update on the Storm Water Utility initiative and provide direction to the County Manager to develop a modified program for future Board consideration based on the recommendations outlined in the staff report. (Thaddeus Cohen, Growth Management Department Head) C. Recommendation to award Invitation To Bid No. 18-7426 “Jail Facilities Buildings J1-J2 Chiller Plant and HVAC Upgrades” to Air Mechanical & Service Corp. for chiller plant and HVAC upgrades at Jail Facilities Buildings J1-J2, in the amount of $1,394,000, and authorize the Chairman to execute the attached Agreement. (John McCormick, Principal Project Manager, Facilities Management Division) D. Recommendation to review the history of the anonymous complaint policy and support the practice limiting the acceptance of anonymous complaints Page 6 November 13, 2018 for Code Enforcement and Domestic Animal Services code complaints. (Michael Ossorio, Director, Code Enforcement Division) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future Workshop Schedule ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Legacy Lakes, PL20160001600. 2) Recommendation to approve final acceptance of the potable water and sewer facilities for Two Lakes Plaza, PL20130001740, 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 $13,556.73 to the Project Engineer or the Developer’s designated agent. Page 7 November 13, 2018 3) Recommendation to approve final acceptance of the sewer facilities for Haldeman’s Landing, PL20160000052, 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 $23,641.23 to the Project Engineer or the Developer’s designated agent. 4) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Arthrex at Creekside, PL20160001149, 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 $6,077.95 to the Project Engineer or the Developer’s designated agent. 5) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Caminetto at Mediterra, PL20160003356 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. 6) Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 to the Project Engineer or the Developer’s designated agent. 7) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Wing South Airpark Extension, Application Number AR-14094, and authorize the release of the maintenance security. 8) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Treviso Bay, Application Number AR6434, and authorize the release of the maintenance security. Page 8 November 13, 2018 9) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Lipari-Ponziane, Application Number AR-10023, and authorize the release of the maintenance security. 10) Recommendation to approve a Resolution for final acceptance of the private drainage improvements, and acceptance of the plat dedications, for the final plat of Marengo at Fiddler’s Creek, Application Number 20160000119, and authorize the release of the maintenance security. 11) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Bent Creek Preserve Phase 2C, Application Number PL20180000470. 12) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isola Bella, (Application Number PL20180002267) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Lot 8, Southwind Estates Replat, Application Number PL20180000406. 14) Recommendation to grant final acceptance of the public roadway and drainage improvements in a portion of Woodcrest Drive right-of-way as conveyed and recorded in OR Book 4842, Page 3226, OR Book 4246, Page 1993 and OR Book 4287, Page 2137 with the roadway and drainage improvements being maintained by Collier County, and return the developer’s maintenance security. Page 9 November 13, 2018 15) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $26,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180002086) for work associated with The Isles of Collier Preserve Parcel T. 16) Recommendation to approve a Resolution amending Exhibit "A" to Resolution No. 2013-239, the list of Speed Limits on County Maintained Roads, to reflect the temporary reduction of the speed limits on: Golden Gate Boulevard, from approximately 18th Street NW/SW to 1000' east of Everglades Boulevard and Everglades Boulevard from 2nd Avenue NE to 2nd Avenue SE, from forty-five (45) miles per hour to thirty-five (35) miles per hour, due to design- build construction activities along Golden Gate Boulevard (Project 60145). 17) Recommendation to approve the release of a code enforcement lien with a value of $17,000.10 for payment of $2,000 in the code enforcement actions entitled Board of County Commissioners v. William and Laura Mara, Code Enforcement Board Case No. CESD20080004753 relating to property located at 4550 Boabadilla Street, Collier County, Florida. 18) Recommendation to approve the 2018-2019 Agreement between Collier County and the City of Naples for FY18 City of Naples Beach Maintenance Project in the amount of $185,000, authorize the Chairman to execute Agreement and make a finding that this item promotes tourism (Project No. 90527). 19) Recommendation to approve a Purchase Agreement for the acquisition of land (Parcel 345FEE) necessary for the construction of intersection safety improvements at Corkscrew Road (CR 850) and Wildcat Drive. (Transportation Intersection Safety and Capacity Improvement Program, Project No. 60016). Estimated fiscal impact: $68,370. 20) Recommendation to approve the selection committee ranking for RPS #18-7448 for “Verification Testing for Golden Gate Blvd. Design- Build” (Phase II) and enter into negotiations with the top ranked firm of Johnson Engineering, Inc., for Project No. 60145 and in the event Page 10 November 13, 2018 that an agreement cannot be reached with that firm, to continue negotiating with the remaining firms in ranked order to obtain a proposed agreement, which will be brought to the Board consideration at a subsequent meeting. 21) Recommendation to award Invitation to Bid (ITB) No. 18-7458, “Nuisance Mowing and Debris Removal,” to: Collier Property Specialist, LLC, and authorize the Chairman to sign the attached agreement. 22) Recommendation to authorize payment of the annual assessment fee for Collier County’s membership in the Southwest Florida Regional Planning Council (SWFRPC), in the amount of $107,300 for FY19. 23) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) and Transportation & CDES Capital Fund (310) in the amount of $246,990.22 (Projects #60088, #60085, #60066, #69333, #69339 and #69338). 24) Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Contract No. 17327 with Florida Fish and Wildlife Commission for the removal of derelict vessels in the waterways of Collier County. (Project No. 33577) 25) Recommendation to approve and authorize the Chairman to execute Amendment No. 2 to Contract No. 18-7245 with Taylor Engineering, Inc., for the Collier County Comprehensive Watershed Improvement Plan. 26) Recommendation to approve Second Amendment to Agreement No. 17-7103 with Q. Grady Minor and Associates, P.A. for post-design construction administration services in the amount of $190,844 for the West Goodlette-Frank Road Joint Stormwater-Sewer Project. (Project No. 60142) 27) Recommendation to approve First Amendment to the agreement between Collier County and Metro Forecasting Models, LLC, in the amount of $68,000 for additional work tasks assigned for the update and development of the Collier Interactive Growth Model (CIGM) Page 11 November 13, 2018 Version 3.0, to provide population modeling for the entire County. 28) Recommendation to approve and authorize the Chairman to execute Amendment No. 1 to Contract No. AB005 with the Florida Department of Environmental Protection for the removal of marine life debris due to red tide on the beaches and waterways of Collier County. (Project No. 33584) 29) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20180002282 to excavate and remove an additional 284,085 cubic yards of material from the existing approved East Naples Mine – Phase 1. 30) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20180002284 to excavate and remove an additional 506,337 cubic yards of material from the existing approved East Naples Mine - Phase 2. 31) Recommendation to direct staff to bring back for a public hearing an ordinance amending the Land Development Code to modify the definition of essential services in LDC Section 2.01.03 to include communications towers, and to allow communication towers as a conditional use within the Rural Fringe Mixed Use District-Sending Lands, and to allow applications for such communication towers to be processed under the proposed new zoning standards while the LDC amendment process is pending. 32) Recommendation to authorize the County Manager and his/her designee to electronically submit a Flood Mitigation Assistance grant application and all associated documents to the Florida Division of Emergency Management for the Collier County Freedom Park Stormwater Pump Station Improvements Project, in the amount of the total project cost of $1,572,500, including an estimated required local match in the amount of $393,125. Page 12 November 13, 2018 33) Recommendation to extend the contract awarded to Southern Signal & Lighting, Inc., and Simmonds Electrical of Naples, Inc., under RFP #14-6229, “Installation & Maintenance of Traffic Signals and Roadway Lighting,” for six months or until a new contract is awarded. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve an Interlocal Agreement between the City of Naples and the Collier County Community Redevelopment Agency to upgrade water lines and install/upgrade of fire hydrants on Becca Avenue and Pine Street in the Bayshore Gateway Triangle Community Redevelopment Area. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to award Bid #18-7394, “Water Treatment Services,” to U.S. Water Services Corporation for Countywide Well Water Treatment Services. 2) Recommendation to award Request for Proposal (RFP) # 18-7324, “Generator Maintenance, Repair & Installation,” to L.J. Power, Inc. and PowerSecure Service, Inc., respectively, to provide the County services for generator maintenance, installation, repair, fuel polishing and rentals. 3) Recommendation to award Invitation to Bid #18-7422 “SRO Wellfield Transformers Replacement” to Simmonds Electrical of Naples, Inc., in the amount of $59,711 for the replacement of two pad- mounted transformers that were damaged during Hurricane Irma (Project #50154) and authorize the Chairman to sign the attached agreement. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to award Invitation to Bid (ITB) Solicitation No. 18-7444, Construct an RV Site at Pepper Ranch, for the construction of a Recreational Vehicle (RV) Site and associated amenities at Pepper Ranch to EBL Partners, LLC, in the amount of $77,498.16, and authorize the Chairman to execute the attached construction Page 13 November 13, 2018 agreement. 2) Recommendation to approve “after-the-fact” amendments and attestation statements with the Area Agency on Aging for Southwest Florida, Inc. (Agency) for Community Care for the Elderly (CCE), Alzheimer’s Disease Initiative (ADI), and Home Care for the Elderly (HCE) grant programs for PY 18-19 Services for Seniors and to authorize Budget Amendments to adjust previous year (PY17-18) CoPay goal budgets. (Net Fiscal Impact $217). 3) Recommendation to approve “after-the-fact” amendment and attestation statement with the Area Agency on Aging for Southwest Florida, Inc. (Agency) Older American Act Title III Program for Services for Seniors and authorize Budget Amendment to ensure continuous funding for PY 2018/2019. (Net Fiscal Impact ($174,620.83). 4) Recommendation to accept funding from the Collier County Community Foundation in the amount of $15,000 for playground equipment replacement at McCleod Park in Everglades City, execute the Memorandum of Understanding (MOU) for playground improvements and resurface the tennis and basketball courts at McCleod Park with estimated $15,000 from Parks Capital Fund (306), and authorize any necessary Budget Amendments. 5) Recommendation to authorize a Budget Amendment in the amount of $62,000 within Parks Capital Fund (306), from East Naples Pickleball, Project #80274 to Community Park East Naples Master Plan, Project #80368. 6) Recommendation to approve and authorize the Chairman to sign the Memoranda of Understanding (MOU) with the Southwest Florida Workforce Development Board, Inc. for the delivery of the 21st Century Learning Centers swimming skills and drowning prevention “Miracle” Program in Immokalee. 7) Recommendation to approve the ten (10) year update to the Barefoot Beach Preserve Park Land/Use Management Plan with the Florida Office of Environmental Services, acting as agent for the Board of Page 14 November 13, 2018 Trustees of the Internal Improvement Trust Fund. 8) Recommendation to approve award of Request for Proposal (RFP) #18-7300 Services for Seniors to Eleven Ash, Inc., d/b/a Health Force; Golden Care Home Health Inc.; and Always There Home Health Care, Inc. and authorize the Chairman to execute the attached agreements. 9) Recommendation to approve an Agreement with Zack’s Food Cart Ministry Catering, Inc., in response to Request for Proposal (RFP) No. 18-7349, “Mobile Food Unit” and authorize the Chairman to execute the attached Agreement. 10) Recommendation to approve a mortgage satisfaction for the State Housing Initiative Partnership (SHIP) and Community Development Block Grant (CDBG) programs in the amount of $45,787 and release of the Subsidy Retention and authorize a Budget Amendment to recognize CDBG Program income in the amount of $35,000. 11) Recommendation to authorize a Budget Amendment recognizing $196,546.01 of State Housing Initiatives Partnership (SHIP) Program Income for Program Year 2018/2019. 12) Recommendation to approve one (1) satisfaction of mortgage for the State Housing Initiatives Partnership (SHIP) Loan Program in the amount of $9,602.77. 13) Recommendation to approve one (1) satisfaction of mortgage for the State Housing Initiatives Partnership (SHIP) Loan Program, with HOME Match, for payment in the amount of $5,400. 14) Recommendation to approve and submit the 2018 State Housing Initiatives Partnership (SHIP) Incentive Review and Recommendation report to Florida Housing Finance Corporation as required by Section 420.9076 (4), Florida Statute. 15) Recommendation to award Request for Proposal (RFP) #18-7351, Veterans Community Park Pickleball Concessionaire, to Pickleball Enterprises, LLC and authorize the Chairman to execute the attached Page 15 November 13, 2018 agreement. 16) Recommendation to approve a contract and an attestation statement with Area Agency on Aging for Southwest Florida, Inc. (AAASWFL) for the Emergency Home Energy Assistance Program (EHEAP), repeal and supersede Resolutions No. 96-268 and 2010-122 to add EHEAP to the list of Services for Seniors programs (CCSS) that may be administratively processed and ratified by the Board after-the-fact, a Memorandum of Understanding (MOU) with Florida Power & Light (FPL), Lee County Electric Cooperative (LCEC), and Centro- Campesino Farmworker Center, and authorize a Budget Amendment to ensure continuous funding for PY18/19. (Net Fiscal Impact $55,757). 17) Recommendation to approve and authorize the Chairman to execute the Extension Agreement to extend the Tourism Agreement between Collier County and the Florida Department of Environmental Protection (FDEP), to complete the T-2 Flex Auto Count Parking System installation at Delnor Wiggins Beach Park. 18) Recommendation to direct the County Attorney to advertise and bring back for adoption at a later meeting an Ordinance creating the Vanderbilt Waterways Municipal Service Taxing Unit for the short- term dredging of Water Turkey Bay as well as the long-term maintenance of the channel. 19) Recommendation to approve an Agreement with the State Department of Environmental Protection Division of Recreation and Parks to provide transit service into Delnor-Wiggins State Park; and authorize the Chairman to sign the agreement. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to renew the Certificate of Public Convenience and Necessity (COPCN) for Collier County Emergency Medical Services to provide Class 1 Advanced Life Support Transport (ALS) for one year and authorize the Chairman to execute the Permit and Certificate. 2) Recommendation to approve the purchase of Group Health Reinsurance through Voya/Relistar in the estimated amount of Page 16 November 13, 2018 $968,567 effective January 1, 2019. 3) Recommendation to authorize the removal of aged accounts receivable in the net amount of $48,595.12 considered uncollectible from the financial records of various Administrative Services Department fund centers in accordance with Resolution 2006-252. 4) Recommendation to ratify Property, Casualty, Workers’ Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution 2004-15 for the fourth quarter of FY 18. 5) Recommendation to extend Contract #14-6253 “Communication Services” with Aztek Communications of South Florida, Inc., for six months or until a new contract is awarded. 6) Recommendation to approve submittal of an EMS Matching Grant application to the Florida Department of Health for the purchase of power stretchers for a total of $221,000 (Match $55,250). 7) Recommendation to approve the administrative report prepared by the Procurement Services Division for disposal of property and notification of revenue disbursement. 8) Recommendation to approve the sale and disposal of surplus assets per Resolution 2013-095 via public auction on November 17, 2018; approve the addition of surplus items received subsequent to the approval of this Agenda Item for sale in the auction; and authorize the Procurement Director, as designee for County Manager, to sign for the transfer of vehicle titles. 9) Recommendation to approve the Administrative Reports prepared by the Procurement Services Division for change orders and other contractual modifications requiring Board approval. F. COUNTY MANAGER OPERATIONS 1) Recommendation to use Tourist Development Tax Promotion Funds to support the upcoming Sports Tourism Events in December 2018 and January 2019 for up to $29,250 and make a finding that these Page 17 November 13, 2018 expenditures promote tourism. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2018-19 Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2019. 2) Report to the Board regarding the investment of County funds as of the quarter ended September 30, 2018. 3) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of November 7, 2018. 4) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between October 11 and October 31, 2018 pursuant to Florida Statute 136.06. K. COUNTY ATTORNEY 1) Recommendation to reappoint a member to the Immokalee Beautification MSTU Advisory Committee. 2) Recommendation to appoint a member to the Collier County Planning Commission, representing Commission District 3. Page 18 November 13, 2018 3) Recommendation to appoint a member to the Historic/Archaeological Preservation Board. 4) Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of $10,350 for Parcel 250RDUE, plus $2,488 in statutory attorney fees and costs, and $3,125 for expert fees and costs, in the lawsuit styled Collier County v. Pedro E. Pena, et al, Case No. 15CA-0350, required for the Golden Gate Boulevard Widening Project No. 60040. (Fiscal Impact: $14,563) 5) Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of $87,500 for Parcel 300RDUE, plus $18,381 in statutory attorney fees and costs, and $2,967 for expert fees and costs, in the lawsuit styled Collier County v. BLD Associates, LLC, et al, Case No. 16-CA-1214, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $46,348) 6) Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the amount of $19,000 to settle the lawsuit styled June Preston v. Collier County Board of County Commissioners, Case No. 2:18-cv-30-FtM-99CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. 7) Recommendation to approve a Mediated Settlement Agreement in the amount of $25,000, plus $7,664.25 in statutory attorney fees, and $3,000 for expert costs, to settle full compensation for the taking of Parcel 233RDUE in the case styled Collier County v. Arabel Subiaut, et al., Case No. 14-CA-2762, required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal Impact: $33,889.25). 8) Recommendation to comply with a Court Order of the Federal District Court in Ft. Myers awarding the Defendant, RTG, LLC, $162,502.50 in attorneys’ fees incurred both in the district court and on appeal in the case of Collier County v. RTG, LLC (Case No. 2:17-cv-14-FtM- 38CM). 9) Recommendation to authorize the County Attorney to initiate any legal action he deems necessary to prevent a residential home from Page 19 November 13, 2018 being used in a manner which creates a public nuisance. 10) Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Mutual Release in the lawsuit styled Frederick Stevens v. Collier County (Case No. 17-CA-1201), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for $30,000, with payment to be made by nonparties and no contribution made by Collier County. ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 9997, the Collier Tract 21 Planned Unit Development by allowing automotive vehicle dealers as a principal use, allowing a hotel up to 200 rooms instead of 100 rooms, and establishing a traffic trip cap for the commercial tract; providing a parking deviation for a luxury automobile dealership; and by providing an effective date. The commercial parcel, consisting of 3.4+/- acres of the 267.44-acre PUD, is located on the west side of US 41 and approximately 2,200 feet north of 111th Avenue in Section 21, Township 48 South, Range 25 East, Collier County, Florida. (This is a companion to Agenda Item 17.B) B. Recommendation to approve by Ordinance the Old Collier Golf Club, Inc. SmallScale Amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and to Transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20180000038/CPSS-2018- Page 20 November 13, 2018 2) [Companion to Agenda Item #17.A] C. Recommendation to adopt an ordinance establishing security measures for retail gas stations to help prevent the use of credit card skimmers. D. Recommendation to adopt an ordinance which would create the Golden Gate City Economic Development Zone to facilitate economic development by establishing an Economic Development Plan and Trust Fund, setting a base tax year for the Fund, and reimbursing eligible expenditures as authorized in advance by the Board for use in encouraging economic growth. E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2018-19 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383. November 13, 2018 Page 2 MR. OCHS: Good morning, ladies and gentlemen, if you'd please come to order. Take your seats, please. There's plenty of seats available. Mr. Chairman, you have a live mike. CHAIRMAN SOLIS: Mr. Manager. Welcome, everyone, to the November 13th, 2018, Board of County Commissioners' meeting. Item #1 INVOCATION & PLEDGE OF ALLEGIANCE – INVOCATION GIVEN CHAIRMAN SOLIS: We'll begin the meeting today with the invocation that will be led by Reverend Beverly Duncan of the Naples United Church of Christ. REVEREND DUNCAN: Good morning. Let us pray. Holy one, open us this morning to your presence, which at its hearts means opening to the larger purpose and call set before us. This week we are honoring our armed services veterans. We pray prayers of gratitude for them. Even as we pray that we can, each one of us be empowered to wage peace with the person beside us as well as amongst the nations. Guide and guard our commissioners today. To them we are indebted. Their work is critical and important to the welfare of the citizens of Collier County. As season blossoms, we pray for patience and strength, but we also give thanks for what season contributes to our lives and our livelihoods here. So in thankfulness and in anticipation of the holidays ahead, we pray. Amen, shalom, salaam. CHAIRMAN SOLIS: Commissioner Fiala, would you lead us in November 13, 2018 Page 3 the Pledge? COMMISSIONER FIALA: I would love to. (The Pledge of Allegiance was recited in unison.) 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 (COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM #16A10) AND ITEM #17C HAD THE ORDINANCE CHANGED TO INCLUDE THE CITIES WITHIN COLLIER COUNTY AND AN OPT-OUT PROVISION MR. OCHS: Good morning, Mr. Chairman, Commissioners. These are the proposed agenda changes for the Board of County Commissioners' meeting of November 13, 2018. I have only a few time-certain items to go over this morning, Commissioners. No other changes reported to date on the regular or the summary agenda. Item 10A will be heard at 9:30 a.m., and Item 11A will be heard at 10:45 a.m. One other note, Commissioners, I believe we're going to have a brief visit at some point this morning from -- our Tax Collector's Office wants to make sure to make a quick public-service announcement. So I'll call on them, Mr. Chairman, as I see them arrive. And those are all the changes that I have this morning. CHAIRMAN SOLIS: Thank you. And we'll have any disclosures on the consent agenda. COMMISSIONER McDANIEL: Starting with me? CHAIRMAN SOLIS: Yes. November 13, 2018 Page 4 COMMISSIONER McDANIEL: Good morning. No, I have no disclosures on the consent agenda. I would -- but I do have a comment on one when we get ready to vote on them, so... CHAIRMAN SOLIS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Oh, I have only one disclosure, and that's on 17A, and that's just the staff report. I have no corrections, additions, or anything, and that's my report. CHAIRMAN SOLIS: Thank you. Commissioner Taylor. COMMISSIONER TAYLOR: No disclosures, no changes to the agenda. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. No disclosures. One change. On Item 17C, which is the gasoline pump skimmers ordinance, I've been advised that the City of Naples would like to be included in this ordinance. We've not heard anything from the City of Marco Island, so what I've suggested to the county is that we add to that ordinance an opt-out provision so that the cities are included unless we're advised by their councils that they don't want to be included. That will give Marco Island the opportunity to be included or excluded if they so desire. So we need to take 17C off of the consent, at least for purposes of making that amendment to the ordinance. CHAIRMAN SOLIS: We'll need a motion for that, right? So we'll have -- COMMISSIONER McDANIEL: So moved. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: Well, are we going to discuss that now or -- do we want to do that now? COMMISSIONER SAUNDERS: Whenever. It doesn't matter. Whenever you want. I just wanted to let the Board know we need to November 13, 2018 Page 5 take that one off of the consent, at least for that purpose. CHAIRMAN SOLIS: Mr. Manager, do we need to add that to a specific agenda? MR. KLATZKOW: You can either do it right here or now, or you can just do it later. CHAIRMAN SOLIS: Do it now? MR. KLATZKOW: It's board discretion. CHAIRMAN SOLIS: So there's a motion and a second. Further 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. MR. KLATZKOW: And the motion is to amend the ordinance to allow for the opt-out provision. CHAIRMAN SOLIS: Yes. COMMISSIONER FIALA: Yes. COMMISSIONER SAUNDERS: Now, the ordinance was on final passage today, so this will constitute final passage of the ordinance? MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: And you'll add that language. MR. KLATZKOW: Very minor change. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN SOLIS: Very good. Anything else on the consent agenda or summary, Commissioner Saunders? COMMISSIONER SAUNDERS: No, sir. November 13, 2018 Page 6 CHAIRMAN SOLIS: That's it? Okay. I have no changes, nothing to disclose on the consent or summary, although I will abstain from voting on 16A10 because of a conflict. Was there discussion? (No response.) COMMISSIONER McDANIEL: With regard to? CHAIRMAN SOLIS: I thought there was an item that you wanted to discuss prior to voting. COMMISSIONER McDANIEL: Well, I'll make a motion we accept the -- or approve the consent items and summary items. COMMISSIONER FIALA: Second. COMMISSIONER McDANIEL: And then for comment. CHAIRMAN SOLIS: There's a motion and a second. Discussion? COMMISSIONER McDANIEL: Yes. And I wanted to address Commissioner Taylor, 16K9. There was something specific with regard to an issue in -- I believe it was in the Bayshore area with a drug house. And I wanted to ask the County Attorney if we needed to -- because the way I read that was it was giving specific direction to the County Attorney to take action when circumstances apply to that residence. And I was wondering if we needed to maybe bring it back for a greater expansive discussion. COMMISSIONER TAYLOR: I don't think so. COMMISSIONER McDANIEL: Okay. That's all I've got. COMMISSIONER TAYLOR: I think we're very -- I think the neighbors and everyone are very -- COMMISSIONER McDANIEL: Well, it's not unique. There are -- the rationale was there are other homes that potentially could have that. COMMISSIONER TAYLOR: Well, it's interesting, because -- I November 13, 2018 Page 7 wondered but just -- I think what it says is that if you're not a good landlord and if you keep thumbing your nose at your neighbors and authority -- COMMISSIONER McDANIEL: Right. COMMISSIONER TAYLOR: -- there's a risk of something happening that will be done in a very proper and legal fashion. COMMISSIONER McDANIEL: Okay. COMMISSIONER TAYLOR: But that we're serious about make suring neighborhoods are safe. COMMISSIONER McDANIEL: And that was the reason I wanted to ask, if maybe you wanted to expand it to countywide. That was all. So I'm okay. COMMISSIONER TAYLOR: All right. Good. Thank you. CHAIRMAN SOLIS: There's a motion and a second to approve the consent and summary agenda. 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: They're approved. Thank you. Proposed Agenda Changes Board of County Commissioners Meeting November 13, 2018 Time Certain Items: Item 10A to be heard at 9:30 a.m. Item 11A to be heard at 10:45 a.m. 12/4/2018 7:59 AM November 13, 2018 Page 8 Item #2B BCC/REGULAR MEETING MINUTES FROM OCTOBER 9, 2018 - APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the October 9th, 2018, Board of County Commissioners' regular meeting minutes. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and a second by Commissioner Saunders. 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: Those are approved as well. Item #2C BCC/REGULAR MEETING MINUTES FROM OCTOBER 23, 2018 - APPROVED AS PRESENTED MR. OCHS: Item 2C is approval of the October 23rd, 2018, Board of County Commissioners' regular meeting minutes. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: There's a motion and a second. All in November 13, 2018 Page 9 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: They're approved. MR. OCHS: Thank you. Item #5C - Added PRESENTATION BY ROB STONEBURNER FROM THE COLLIER COUNTY TAX COLLECTOR’S OFFICE – PRESENTED MR. OCHS: Mr. Chairman, Mr. Rob Stoneburner, the Deputy Tax Collector, is here, and he'd like to briefly address the Board. Mr. Stoneburner. MR. STONEBURNER: Thank you, County Manager. Esteemed Commissioners, it is my pleasure to be here. Rob Stoneburner, Deputy Tax Collector, on behalf of Mr. Ray. I want to give happy news, good news. We have just remodeled our Marco Island branch office. Actually, it's your building; our office interior. I wanted to put out a couple thank yous to some folks that were very helpful. Tanya Williams, your Library Director, that is where we use -- that's where our temporary location became, so we didn't spend a nickel anywhere else having to rent some space or whatnot. She made Rose Hall available to us. Your Marco Branch Library Manager, Brenda Rasch, was very November 13, 2018 Page 10 welcoming to us and did everything she could to make a bunch of card -- you know, party tables and whatnot seem like an office. So we appreciate that. Your county IT with getting our phones switched around and whatnot. Mike Sheffield and Margie Hapke putting out press releases telling everybody that we were going to be closed. We did this in exactly two months, exactly eight weeks, start to finish, so we were happy with that. Commissioner Fiala's executive coordinator, Michael Brownlee, he helped us make sure we got -- protected all of -- the good commissioner has an office out there, and wanted to make sure all her stuff was taken care of. County Manager's staff. It all starts at the top. You guys have got, you know, probably the best county manager in the state of Florida here, so the culture's right. So we appreciate that. And all of that, you know, helped us save a few cents, played a small part in -- unfortunately we couldn't make your last October meeting, but on October 29th, the Tax Collector's Office was proud to send a check to OMB for unused fees of over $8 million, over $8.1 million to be exact. To be exact, $8,175,197.97, so almost 8.2. And also to announce that we are having a grand opening this Thursday. You all are welcome. Cookies and refreshments. It is in the day, so it will just be regular refreshments; 3:00 down at 1040 Winterberry. We look forward to having any of you and all of you there. Thank you very much, and we appreciate it. Thank you. MR. OCHS: Thanks, Rob. COMMISSIONER FIALA: Can I say something? CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: The staff over there -- because I have close contact with the staff -- everybody is so pleased with the November 13, 2018 Page 11 results. We had a lot of problems with temperatures and stuff like that, and a lot of things that are very, very old, and you've made it so great, and you kept checking with them and making sure that it was meeting all of their needs. And they really appreciated that. And same with my office. It was -- I know my phone still doesn't work, but other than that. MR. STONEBURNER: No, your phone works. COMMISSIONER FIALA: Oh, does it? Have they fixed it? Oh, wonderful. I haven't been there since last week. MR. STONEBURNER: It is fixed. And we also now -- we have an actual waiting area where folks can -- we had some complaints. You had to stand in line. We don't like lines, first, but if you do have to wait at this time of the year, at least you can sit down and -- you know, for a couple minutes before you get called up. So, again, thank you. COMMISSIONER FIALA: It's been a pleasure. MR. STONEBURNER: Yeah. Again, thank you. MR. OCHS: Thank you, Rob. Mr. Chairman, our Employee of the Month is detained, but he'll be here shortly. I wondered if it would be all right if we moved to proclamations at this point. Item #4 PROCLAMATIONS: ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING NOVEMBER 2018 AS PADDLESPORTS MONTH IN COLLIER COUNTY. ACCEPTED November 13, 2018 Page 12 BY MIKE DEVLIN, PRESIDENT, FRIENDS OF THE PARADISE COAST BLUEWAY PADDLING TRAIL – ADOPTED MR. OCHS: Item 4A this morning is a proclamation designating November 2018 as Paddle Sports Month in Collier County. To be accepted by Mike Devlin, president, Friends of the Paradise Coast Blue Wave Paddling Trail. If you'd step forward and receive your proclamation. (Applause.) COMMISSIONER FIALA: Boy, you all look like you're in such good shape. CHAIRMAN SOLIS: This might be the most we've ever had for a proclamation. (Applause.) MR. OCHS: If we can come to order, please, ladies and gentlemen. CHAIRMAN SOLIS: Thank you. Item #4B PROCLAMATION RECOGNIZING THE BIG CYPRESS CHAPTER - NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION, FOR 50 YEARS OF SERVICE TO COLLIER COUNTY. ACCEPTED BY JUDY GOBY-OXTOBY, SHIRLEY HOERLE, ILAGENE RUFF AND BRIGITTE VAN DEN HOVE-SMITH – ADOPTED MR. OCHS: Item 4B is a proclamation recognizing the Big Cypress chapter of the National Society of Daughters of the American Revolution for 50 years of service to Collier County. To be accepted this morning by Judy Goby-Oxtoby, Shirley Hoerle, Ilagene Ruff, and November 13, 2018 Page 13 Brigitte van den Hove-Smith. If you'd please step forward. (Applause.) Item #4C PROCLAMATION DESIGNATING NOVEMBER 2018 AS NATIONAL HOSPICE AND PALLIATIVE CARE MONTH IN COLLIER COUNTY, AND RECOGNIZING THE PROFESSIONALS, STAFF AND VOLUNTEERS WHO PROVIDE CARE TO PATIENTS UP TO THEIR FINAL MOMENTS. ACCEPTED BY REPRESENTATIVES OF AVOW HOSPICE: JAYSEN ROA, PHYLLIS HALL, ANNALISE SMITH, AND MARK BELAND – ADOPTED MR. OCHS: Item 4C is a proclamation designating November 2018 as National Hospice and Palliative Care Month in Collier County, and recognizing the professional staff and volunteers who provide care to patients up to their final moments. To be accepted this morning by Jaysen Roa, President and CEO of Avow Hospice; Phyllis Hall, the CFO; Annalise Smith, Senior Vice-President of Engagement; and Mark Beland, Community Liaison. If you'd please step forward and receive your proclamation. (Applause.) Item #4D PROCLAMATION DESIGNATING NOVEMBER 18 - 24, 2018 AS NATIONAL FARM-CITY WEEK IN COLLIER COUNTY. ACCEPTED BY BRIAN GOGUEN, 2018 CHAIRMAN OF THE FARM-CITY BBQ; CYNDEE WOOLLEY, PRESIDENT OF THE November 13, 2018 Page 14 FARM-CITY BBQ OF COLLIER COUNTY, INC.; AND REPRESENTATIVES OF COLLIER COUNTY 4H ASSOCIATION, YOUTH LEADERSHIP COLLIER, COLLIER COUNTY JUNIOR DEPUTIES LEAGUE AND KEY CLUB INTERNATIONAL – ADOPTED MR. OCHS: Item 4D is a proclamation designating November 18th to the 24th, 2018, as National Farm-City Week in Collier County. To be accepted by Brian Goguen, 2018 Chairman of the Farm-City Barbecue; Cyndee Woolley, President of the Farm-City Barbecue of Collier County, Inc.; and representatives of the Collier County 4H Association, Youth Leadership Collier, Collier County Junior Deputies League, and the Key Club International. All right. Get in that picture, you guys. CHAIRMAN SOLIS: We've got to get an opening here for -- (Applause.) MS. WOOLLEY: Good morning, Commissioners. For the record, my name is Cyndee Woolley, and I'm the president of Farm-City Barbecue of Collier County, Inc. We're so excited to be celebrating the 63rd Annual Farm-City Barbecue, an event that continues to bring together our business, agricultural, civic, and community leaders. I would like to recognize our chair, our 2018 chair, Brian Goguen from Barron Collier Companies, one of our founding partners of Farm-City Barbecue. With Brian's passion and calls (sic) for fundraising, we're expecting to donate well over $60,000 back into youth leadership programs through 4H, Youth Leadership Collier, Junior Deputies, and Kiwanis Key clubs. I would also like to take a minute to recognize some of our past chairs in the room: Sheriff Kevin Rambosk and Jamie Weisinger from Littman Produce. November 13, 2018 Page 15 Our top sponsors were here today as well: The Seminole Casino Hotel Immokalee, who was gracious enough to host us this year; Ave Maria Development, who will be providing the hot steaks this year; Coleman, Yovanovich & Koester, our stage sponsor; Naples Lumber, our bar sponsor; and Littman Family Produce, our Immokalee salad sponsor. We have so many more sponsors that I can't list them all. Please visit our website and check out the logos and click through to their websites because these are investors in our community. Our barbecue came from humble roots when the farmers of Immokalee had a bad crop season, and the city leaders invited the farmers in for a friendly barbecue. The next year the farmers hosted what became -- what has now become a favorite way of many to kick off the holiday season. Our community's weathered many storms, from hurricanes to economic crisis and red tide. While there are many events that divide us, deeply rooted traditions like the Farm-City Barbecue bring us together and remind us about the relationships that keep us Collier strong. Without the network of farmers, haulers, consultants, retailers, and leaders such as yourself, we wouldn't be able to grow. For those of you in the audience, if you haven't already bought your tickets, please visit FarmCityBBQ.com. It's only $20, and you get a steak lunch, and we have some exciting after parties planned at the Seminole Casino and Bone Hook Brewery. And, finally, Commissioners, I'd like to thank you for your continued support, because it takes that full network, and so thank you for coming out and being part of our cherished tradition as celerity servers as well. COMMISSIONER FIALA: And if anybody's looking for tickets, I have some to sell. (Applause.) November 13, 2018 Page 16 Item #4E PROCLAMATION HONORING THE NAPLES BOTANICAL GARDEN FOR RECEIVING THE PRESTIGIOUS MUSEUM EXCELLENCE AWARD FROM THE FLORIDA ASSOCIATION OF MUSEUMS AND TO FURTHER RECOGNIZE THE DEDICATION SHOWN BY ITS LEADERSHIP TO RECOVER THE GARDEN FROM THE RAVAGES OF HURRICANE IRMA. ACCEPTED BY DONNA MCGINNIS, PRESIDENT AND CEO, AND ERIN WOLFE BELL, DIRECTOR OF DEVELOPMENT OPERATIONS – ADOPTED MR. OCHS: Item 4E is a proclamation honoring the Naples Botanical Garden for receiving the Prestigious Museum Excellence Award from the Florida Association of Museums and to further recognize the dedication shown by its leadership to recover the Garden from the ravages of Hurricane Irma. To be accepted this morning by Donna McGinnis, the president and CEO, and Erin Wolfe Bell, the Director of Development Operations. If you would please step forward and receive your proclamation. (Applause.) CHAIRMAN SOLIS: Congratulations. COMMISSIONER TAYLOR: Ms. McGinnis, just give us a little -- just a quick brief of what Irma did to you and how soon the Garden was open, because -- and what you're doing with Puerto Rico right now. MS. McGINNIS: Absolutely. Thank you so much, Commissioners, for this honor. We will be with many of our board members later today and look forward to sharing it with them. So Naples Botanical Garden after Hurricane Irma -- really, the November 13, 2018 Page 17 garden is very young. We're not even 10 years old yet as a significant attraction. The Hurricane Irma destroyed about a third of Naples Botanical Garden, and gardens, the built environments, are not insured. So we faced a situation where we had a lot of rebuilding to do. We actually had very little damage to our buildings and didn't even make our insurance deductible, but we knew we had a really big job ahead. We had very generous donors and were able to pull together with our many volunteers and our excellent staff and got cleaned up enough to open three weeks later to welcome the community back on October 1st. We were very proud of that. Even with the hit that we all took in visitation those first early months of the fall of 2017, we had a record year of attendance with 235,000 people. And the Garden has grown very significantly. We're now a -- we have an annual budget of $10 million, more than 100 staff, and more than 10,000 households are members of the garden. So we know that we have a role to be a significant partner both in Collier County, which we look forward to being involved in, but also around the Caribbean and with specific partners, because we learned a lot cleaning up our own garden and doing the repairs and had a call not long after from an arboretum in Puerto Rico which got hit by Irma and then Hurricane Maria. And we sent a team down there to apply what they learned, brought their trees back up, helped them repair equipment, and we brought a lot of their plants back to the U.S. to our nurseries where we're regrowing them for our own garden, and we'll be taking them back to Puerto Rico for replanting as well. COMMISSIONER TAYLOR: Great. (Applause.) MR. OCHS: Mr. Chairman, if I could get a motion to approve November 13, 2018 Page 18 today's proclamations, please. COMMISSIONER FIALA: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Motion and second to approve the proclamations. 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: They're approved. Item #3D1 RECOMMENDATION TO RECOGNIZE CARLOS CABRERA, MAINTENANCE WORKER, PUBLIC SERVICES DEPARTMENT AS THE OCTOBER 2018 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: Commissioners that takes us back to Item 3D1 on this morning's agenda. This is a recommendation to recognize Carlos Cabrera, maintenance worker with your Public Services Department, as the October 2018 Employee of the Month. Carlos, if you'd please step forward. (Applause.) MR. OCHS: Stand right there, Carlos. Stand right there for a minute. I want to tell the public a little bit more about you; embarrass you for a minute. Stand there, all right. This is the punishment -- this is the punishment, yes. November 13, 2018 Page 19 Commissioners, Carlos has been with the county since 2000 working in our Parks and Recreation Division. He's a senior member of the Vineyards Community Park staff and recently taken on additional responsibilities at that park when the supervisor was called to oversee another project in the system. Carlos is the definition of a team player. He's devoted to keeping the park in top-notch condition. Does whatever it takes to maintain the highest standards possible. He always offers to lend a hand, offer advice, and helps his fellow team members with a kind word and a smile. It's for these reasons and so many others that he's so deserving of this award. And, Commissioners, it's my pleasure to present Carlos Cabrera, your October 2018 Employee of the Month. Congratulations, Carlos. (Applause.) Item #3A1 COMMISSIONER FIALA RECOGNIZED TERRI LEWIS FOR HER MANY YEARS OF SERVICE AS THEIR COURT REPORTER – PRESENTED MR. OCHS: Mr. Chairman, I believe Commissioner Fiala has a special recognition she'd like to make at this time. COMMISSIONER FIALA: Thank you very much for letting me insert this little recognition right in the middle of our meeting. Terri, would you please stop typing and come up here. COMMISSIONER McDANIEL: You want me to come around that for a minute? CHAIRMAN SOLIS: Is that legal? COMMISSIONER FIALA: Terri Lewis has been a godsend to all of us. And she never gets any recognition. She just sits back there November 13, 2018 Page 20 and quietly types. And we thought it was about time that she got that recognition. Always has a smile on her face, always brings in some brownies for us to keep us -- COMMISSIONER TAYLOR: Sweet. COMMISSIONER FIALA: -- nourished. Oh, yeah, keep us sweet. I like that better. And we just want -- as a commission we want to thank you for all that you do for all of us. Thank you. (Applause.) COMMISSIONER TAYLOR: Should we go down? COMMISSIONER McDANIEL: I'm down. COMMISSIONER FIALA: Pardon me? Oh, okay. Good. We're coming down. MR. OCHS: They're coming down. But you've got to get in the middle. You should know the drill by now, Terri. (Applause.) CHAIRMAN SOLIS: And I'd just like to add that however many times we've gone past the hour-and-a-half breaktime for Terri, she's never complained. Thanks for all your hard work. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR NOVEMBER 2018 TO THE SANCHEZ - CASAL FLORIDA CLUB & TENNIS ACADEMY. ACCEPTED BY COACH PAVEL SLOZIL AND ROGELIO DE HARO. ALSO PRESENT IS BETHANY SAWYER OF THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Mr. Chairman, we move on to Item 5A. This is a presentation of the Collier County Business of the Month for November 13, 2018 Page 21 November 2018 to the Sanchez-Casal Florida Club and Tennis Academy. To be accepted this morning by Coach Pavel Slozil and Rogelio de Haro. Also present, Bethany Sawyer of the Greater Naples Chamber of Commerce. (Applause.) COMMISSIONER TAYLOR: Congratulations. MR. OCHS: State your name for the record. MR. SLOZIL: Yes. Good morning, everyone. Again, my name is Pavel Slozil, and I am one of the tennis pros at Sanchez-Casal Tennis Academy. Please excuse today our CEO, Emilio Sanchez Vicario, that is not able to make it today for important day. He's in Mexico. He's promoting his academy here and also City of Naples. I personally play on APT tour with him for 10 years. I reach -- my ranking was four in the doubles in the world, and No. 35 in singles. I was Grand Champion in 1978, and Davis Cup Champion in 1980 with Czechoslovakia. I'm from Czechoslovakia. I live in Naples since 2002. On behalf of all the staff in Sanchez-Casal Academy, we want to thank the Naples Chamber of Commerce and all commissioners for this great honor and important recognition. We are located on Pine Ridge and Airport-Pulling Road. Academy started 2008. We have more than 50 employees. In addition, in the high-performance tennis academy, we have also international school located at the facility. We actually host over 60 new students from more than 21 countries that live, train, and study with us all year round. A total of about 4,000 active tennis players visit us every year. We organize more than 50 tournaments, domestic and international tournaments. We started -- last year we brought women's November 13, 2018 Page 22 tennis back to Southwest Florida. We are very proud of it. We are highly involved with, also, local community hosting a lot of charity events. With the help of our students, for example, players for Special Olympics, the Freedom and Virtue Institute, Meals of Hope, and also USDA Florida Foundation. Our club is open to everyone. It's a public facility, and please come to see us. We are very active and would like to see you there. Thank you very much. (Applause.) CHAIRMAN SOLIS: I'll just add as a former journeyman tennis player that the level of tennis and the coaching we have here is beyond anywhere else, I think. MR. SLOZIL: Yeah. CHAIRMAN SOLIS: Emilio Sanchez and Mr. Slozil were, when I was growing up, the best tennis players in the world, so we're fortunate to have them here. Thank you. It's great. MR. SLOZIL: Thank you very much. COMMISSIONER TAYLOR: And I also think it's also important to note where you're located. You're located at Naples Bath and Tennis. MR. SLOZIL: Yes. COMMISSIONER TAYLOR: And they've been extraordinarily good neighbors to those residents, and you have, you know, very carefully and very effectively changed the look of that tennis area, and it's just -- it's such -- you're such a -- we're just so happy you're here. MR. SLOZIL: Thank you very much. We were a little bit slowed down because of the hurricane last year, the progress was slowed down because of the weather, but we are making progress and, really, we are very also proud of -- I'm proud of the kids who graduate from our schools. You know, last year we had 11 graduated kids, and they all got semi or full scholarships around the U.S., and so we are November 13, 2018 Page 23 very proud of them. COMMISSIONER TAYLOR: Well done. CHAIRMAN SOLIS: Thank you. MR. SLOZIL: Thank you. Item #10A THE BOARD DIRECT THE COUNTY MANAGER TO BRING BACK FOR CONSIDERATION A DETERMINATION THAT WOULD ALLOW THE ACQUISITION OF THE 28.46-ACRE HACK PROPERTY THROUGH THE CONSERVATION COLLIER PROGRAM - MOTION TO BRING ITEM BACK TO THE BOARD WITH ADDITIONAL INFORMATION – APPROVED MR. OCHS: Mr. Chairman, this takes us to our 9:30 a.m. time-certain item. This is Item 10A. It's a recommendation that the Board direct the County Manager to bring back for consideration a determination that would allow the acquisition of the 28.46-acre Hack property through the Conservation Collier program. Commissioner Saunders has brought this item forward on the agenda. COMMISSIONER SAUNDERS: Mr. Chairman, I asked that this item be placed on the agenda for a couple of reasons: First of all, Mr. Harry Zea, who is in the back, if he'll come forward -- as full disclosure, I represent Harry Zea. I've represented him for many years. He's a developer in the City of Naples, and I've had the pleasure of working with him and his team for a number of years. Harry happens to be friends with the owners of the property that we refer to as the Hack property. That property was ranked number one by the committee that does the ranking for Conservation Collier. November 13, 2018 Page 24 Mr. Zea has a contract to purchase that property. He's not making any money on that property and, of course, I'm not charging any fees or anything for that, so this is all -- just wanted there to be full disclosure that there's no monetary interest in this on his part or my part. The first contract that we had, the sellers were looking for two and a half million dollars for that property. The property was appraised at about $260,000. So obviously that was not a contract that this commission could consider even though the property was ranked No. 1. Mr. Zea has negotiated a much smaller amount, and I'll have him explain how we did that and what it is. It's still over and above the assessed -- or the appraised value that we have. I believe it's about $750,000 versus the 2-and-a-half million that was before us before. The reason that I think that this is a good opportunity for the county is that, first of all, the property was ranked No. 1; No. 2, we're talking about environmental infrastructure. This is a mangrove area that would be, perhaps, significant in terms of reducing storm surge and that sort of thing, so we want to enhance our environmental infrastructure. It's near the City of Naples. It's right on the border. When this issue comes back, when Conservation Collier comes back in 2020 for restarting that program, I want the citizens in the City of Naples to know that this is a program that benefits not only all of Collier County but benefits the City of Naples as well as, and this would be an acquisition that would certainly show that. And, additionally, this would be an area that could serve as some passive recreational area for that part of the county. So there are a lot of reasons for the county to reconsider this or to take another look at it. I also have a letter from our Growth Management Department that was dated March 21 of 2017, and in that letter Mr. Bosi concludes November 13, 2018 Page 25 that because of the number of units that were built as part of the overall development, that this probably was part of, that -- this is a quote from the letter: "Based upon this calculation, the 40-acre project is eligible for six remaining units to be developed." So there's existing zoning for six units on the property even though there's an ST overlay. So I would submit that the property's probably worth a little more than what our appraised value was, which was at 260,000, assuming there would be no possible use for the property. I'd like for Mr. Zea to kind of explain where he is with this, why he's doing this, and then I'm going to ask the Board to direct staff to take a look at it again, tell us if there's any potential development of this property and, if there is, what would be the mechanism for us to consider purchasing this even though it's slightly higher than the appraised value. MR. ZEA: Thank you. Appreciate that. I wish Burt didn't start out with "developer." I'm actually a homeowner, father, and overall concerned citizen. I actually became aware of this property probably about 15, 18 years ago. My aunt and uncle lived at Sandpiper Bay Village up until my uncle's passing about a year and a half ago. And they -- you know, they love that spot, and it was part of the reason why my wife and I actually came to Naples and Collier County in the first place to relocate about 15-odd years ago and raise our children here in Collier County and in the City of Naples. And that piece was always, you know, designated by Marvin Hack who was the -- him and his family who purchased it, to not be developed. It was strictly going to be kept as a preserve piece of property certainly to keep the quality of life at the Sandpiper Bay Village which they are a very unique group that bought there in the early '80s when the place was originally built, and they had, you know, November 13, 2018 Page 26 kind of spent a lot of years together. So there was a concern about keeping the quality of life where they had enjoyed it for so many years, and I never even heard about that property coming up for sale. When Mr. Hack was starting to do estate planning with his family, the children, I believe, decided that it would be better for everybody if they just liquidated that asset. So it fell into the hands of another developer who, as Mr. Saunders stated, had found out that you could put six waterfront lots there, and -- could. And whether it would ever be a reality, who knows. But the possibility disturbed me. I actually live in Royal Harbor, and I developed some property in Royal Harbor and have taken pride in having, you know, that area to try to, you know, become, you know, a little bit more looked after than it had been in the past. So when this came up, I had reached out to Marvin, and he had suggested that -- he had stated what had happened. And I said, if it ever falls through, just let me know. I go, I do not want to develop the property for any type of benefit. All I'd like to do is get control of it and either put it in a land trust -- and I had noticed up near the Coastland Mall there was a -- there's a preserve area, the Naples preserve area, and it was a land trust, you know, by the city, I believe, and maybe the county as well, that had purchased that property and left it alone, you know, and put a designation that it was a preserve area. So I thought that would be a perfect fit. So part of my deal with Marvin is that I -- you know, and he doesn't care either way as far as whether I make a profit or not. That wasn't part of the stipulation, but I assured him, more importantly, my Aunt Ester Manuelli (phonetic), who would probably have my head on a platter if the property was ever developed, who I'm very afraid of -- I've got to say that out loud -- certainly would not disappoint her. So I, you know, said, you know what, this is a very unique November 13, 2018 Page 27 opportunity. Let me see if I can get control of it. Burt and I have a relationship professionally through his representation of land use for us in the City of Naples. So I asked him in passing how it would work and is this something that -- you know, where I should go with it. Not even thinking about a county land trust. It wasn't even part of the thought at that point. I just didn't have a direction. So after discussing it with Burt and getting a little bit more information, I decided to go forward with the contract with the understanding that I would take that contract and make sure it goes into a trust, meaning the Collier County Land Trust, or whatever trust that you guys designate, and it would be given for my part to the trust with restrictions that it never be developed. So I'm not interested in giving up the upside. And, again, Burt was accurate. There was -- you know, when I first heard about the sale, it was -- one person bought it for 2.3, and they were reselling it to somebody else for 3.3, and that's how I kind of found out about it. So there is -- whether it's imaginary or not, there is potential, and developers are -- by nature, we're, you know, blue sky, pie-in-the-sky dreamers, so we think anything can be developed. And in some cases -- they've done things, including in the City of Naples, that I thought would never get developed, but people were able to get it done. So for my, you know, own piece of mind and, again, trying to do something, you know, other than develop a piece of property for profit, this is something, I think, is better suited for everybody. And the company I am partners in is a company called Pinnacle Asset Trust, and our tag line is "responsible development." And we really try to stay within the box on anything we're developing in the City of Naples or anywhere else, New England. The key is to try to not go outside the rules. And this, certainly, you know, fits in that mentality of responsible development. November 13, 2018 Page 28 The best development for this property is no development, which coming from a developer is -- I might get struck by lightning, I think, I don't know. But it is true. It really should not be developed, and it will actually enhance the value of other properties certainly where I live, and I'm building a brand new home. I'm going to get that ancillary benefit but no financial benefit at all, strictly, you know, an opportunity to do the right thing both from a personal standpoint regarding my aunt and her -- all her friends. And I spent every single Easter, after we relocated, at Sandpiper Bay Village at my aunt's condominium with about 50 people stuffed into it having the best Italian food you ever can dream of, and that's kind of an omage (sic) to that. So that's where this all comes from. Appreciate the consideration. COMMISSIONER SAUNDERS: And, Mr. Chairman, if there's any monetary benefit for Mr. Zea, then I would not be bringing this forward and certainly would be abstaining from any votes on it. I just wanted to give the county the opportunity to direct staff to take a look at this again and come back. That's the purpose of bringing this today. MR. OCHS: Mr. Chairman -- CHAIRMAN SOLIS: We have some speakers, though. MR. OCHS: -- I think you may -- are there speakers? MR. MILLER: Yes. I have three registered speakers. CHAIRMAN SOLIS: Three, okay. Do you want to hear the speakers first? COMMISSIONER FIALA: Yes. MR. ZEA: Thank you again. MR. MILLER: Your first speaker is Dee Brandt. She'll be followed by Brad Cornell. MS. BRANDT: Good morning, Commissioners. My name is Dee Brandt, and I am the board president of Sandpiper Bay Club. Mr. Zea, I know Aunt Esther, and you're right; she would have November 13, 2018 Page 29 your head. This has been a -- I'm coming in here, and all I can say is "wow" because we've been fighting this fight for a long time. This was original property to Naples Sandpiper Bay Club. The builder went bankrupt. The land was bought as a tax sale. It's been hanging over the heads of the owners here for 20 years. I'm only new at this game and fighting this fight. And we started SOS Wetlands, Safe our Sandpiper Wetlands. A couple years ago we found out that Mr. Winfield purchased the option for this property. But I'm such a kid at this, even at my age, because the men and women that came before me back when this property exchanged hands were fighting this fight a long time ago, along with Commissioner Fiala, who I have emails, and a lot of information was passed on to me in a file box. This is our binder that takes us back 30 years ago when this property was built. It also has correspondence from these men and women who were fighting to save this property back at that time. So I am here just to remind you that this isn't something new just because a builder, Mr. Winfield, came in a few years ago for the option. These people really wanted this saved for the environmental impact that it has. And there are children of these owners who have passed on, and grandchildren who are still part of our community. This is how tight this community is. This is how much this property means not just to our community but to the people in Royal Harbor and the Land Yacht Club who's on the other side. I'm just expressing that we will support whatever it takes to get this out of the hands of someone who is threatening to build on that property. I feel like this property has been held hostage for the past 20 years, and I guess we have to pay random somehow. But I would like to see this, and I think most of the people that have joined our group November 13, 2018 Page 30 would like to see this finally be absolutely preserved for the environment that it provides -- Thank you. MR. MILLER: Your next speaker is Brad Cornell. He will be followed by Meredith Budd. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell. I'm here on behalf of Audubon of the Western Everglades. Good to see you all here. And I want to consider and thank Commissioner Saunders for bringing this forward as a top-ranked Cycle 9 property. As you all know, we have long supported Cycle 9 properties. They all were exemplary as far as choices for Conservation Collier to buy. There are great opportunities amongst these properties, and this was the top ranked one. We were certainly disappointed to see the failure of the deal, a contract, being brought forward on this. And I will only say that I don't want to contrast with or conflict with the current policies we have where we pay appraised value. I guess if there's a reconsideration, it's a reconsideration of, was the appraisal accurate, any of that sort of discussion, or is the owner willing to look at a different price than what they thought it was. But it is a valuable piece. As we go forward in the future, mangroves are clearly among those kinds of properties that protect and buffer our communities from storm surge, sea level rise, tropical weather; that kind of thing is absolutely what we must be investing in. And the wetlands that are on that other side of that equation upstream from these front-line buffering properties are also essential, because we need to hold that water rather than dump it when it's the rainy season. That's part of your stormwater discussion that's still to come this morning. Not an easy discussion either. But these are important issues. And Conservation Collier plays November 13, 2018 Page 31 an important role. So we support your discussion, and we look forward to the continuation of that. Thank you. MR. MILLER: Your final registered speaker on this item is Meredith Budd. MS. BUDD: Good morning, Commissioners. Meredith Budd on behalf of the Florida Wildlife Federation. I, too, would like to thank Commissioner Saunders for bringing this property back up for consideration and exploring options for acquisition for the county. This is really a fantastic property which Commissioner Saunders articulated in his discussion of the item. Brad mentioned why it's a fantastic opportunity as well. And it's a top-ranked property in Cycle 9 from the CCLAC. The Federation has long advocated for this property since it was submitted for the program. And while the Federation does believe that it is really important for the county to pay appraised value for the properties in the program -- but there was confirmation from staff regarding the possibility for development on the property, so maybe the potential for a different appraised value looking into further reasons as to why -- or further opportunities for acquisition with this property. We do support the recommendation for just further exploration and a way that the county could acquire just such a fantastic piece in the urban area. So thank you so very much. MR. MILLER: And that is all the registered speakers we have for that item. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yeah. I have -- excuse me. I have a number of questions. First of all, I'd like to see anybody try and build on this property because there would be a lot of environmentalists breathing down their November 13, 2018 Page 32 throats, because you can't fill in mangroves anyway. You just can't harm the mangroves. And so, you know, that takes away a little bit of the value of the property as well. I understand that they paid some price for it, but I feel in my heart of hearts we need to preserve this. How much do we want to pay? That is the question. How much do we want to pay for the property? I don't think it could ever sell for -- how can you sell anything for a couple million dollars when you can never use it? It's just going to sit there. You can't build on it. You can't do anything. Not only that, you can't even touch those mangroves. So I think we have to take this into consideration as we go into talking about it. I wonder if they would be willing to donate it to the CCLAC -- Conservation Collier, excuse me, and take a credit for it off their taxes. I don't know if that can be done, but I would guess it would be, but I think they could probably get more of a discount -- they could get more of a credit by using it on their taxes rather than trying to get the money for something that you can never use. Those are my comments. CHAIRMAN SOLIS: Any other comments, questions? (No response.) COMMISSIONER SAUNDERS: Mr. Chairman, the -- what I think I'd like to ask staff to do is to take a look at this property and determine whether or not there is any potential for development. I have a couple diagrams that were done by Davidson Engineering for six waterfront lots. I've got a proposed price for site work. We've got the letter from the county talking about the six units. If there's no desire to move forward with this, that's fine. I just thought it was important enough to bring it back. At the price that Mr. Zea has negotiated, it seems to me it's worth taking a look at. But, Commissioner Fiala, if you feel that a donation would be more appropriate, then you can certainly ask the property owner to November 13, 2018 Page 33 donate the property. I don't know that that's going to happen. So it's really a question of whether the Board wants to even take a look at it. If not, that's fine. I just thought it was important enough to take a look at it. COMMISSIONER McDANIEL: I think we should. I'll make a motion that we bring it back as per the item. COMMISSIONER FIALA: I'll second your motion. COMMISSIONER McDANIEL: We're going to go through the appraisal and contract prices and everything else at that particular time. So it's been on the wish list of the CCLAC forever, as you stated. So let's do it. COMMISSIONER SAUNDERS: It may require another appraisal. So I don't know what staff -- what process staff would go through to bring that back -- MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: -- but whatever the law requires. MR. OCHS: Yep. CHAIRMAN SOLIS: So there's a motion and a second. Discussion? Any other discussion? I'm just -- I think taking another look at it, from my perspective, is the right thing to do. It's a little bit of an unusual situation, and I'm not clear if the contract's being assigned -- COMMISSIONER McDANIEL: We'll find out. COMMISSIONER TAYLOR: No. CHAIRMAN SOLIS: -- or what it is. I'll be interested to see that. It makes me nervous in some respects because of the way it's coming about. There was a $200,000 appraisal, and so now there's an intervening contract. But with all the great intentions -- and I'm not saying -- it's just an unusual situation, so I want to take a good look at it, and I would ask staff to do that, and the appraisal as well. November 13, 2018 Page 34 MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: And just to give you a little comfort, I would not bring this forward unless I knew what the contract was, had a copy of the contract. So before this comes back, we'll have a chance to look at that contract because -- CHAIRMAN SOLIS: Good. COMMISSIONER SAUNDERS: -- I know Mr. Zea, and I know that I trust him implicitly. But it is a public body, and we're using public funds, and there has to be full complete -- full disclosure, so that will happen. CHAIRMAN SOLIS: Yeah. And I wasn't meaning that -- you know, casting aspersions or anything. I just -- it is an unusual situation, but I definitely want it to be looked at again. Commissioner Taylor. COMMISSIONER TAYLOR: No, that's fine. CHAIRMAN SOLIS: That's it. COMMISSIONER TAYLOR: I just -- I feel better that we're going to have full disclosure, because I'm a little confused about this, too. CHAIRMAN SOLIS: Okay. Anything else? (No response.) CHAIRMAN SOLIS: 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. Thank you. November 13, 2018 Page 35 MR. ZEA: Thank you. MR. OCHS: Mr. Chairman -- I'm sorry. Item #5B PRESENTATION TO PROVIDE INFORMATION ON THE IMPLEMENTATION OF THE COUNTY-WIDE “ALERT COLLIER” EMERGENCY NOTIFICATION SYSTEM INITIATIVE, WHICH ESTABLISHES A SYSTEM OF COMMUNICATIONS AND WARNINGS TO ENSURE THAT THE COUNTY’S POPULATION IS NOTIFIED OF DEVELOPING EMERGENCY SITUATIONS – PRESENTED MR. OCHS: Mr. Chairman, we move now back to Item 5B. This is a presentation on the new countywide Alert Collier Emergency Notification System Initiative. Mr. Summers will make a brief presentation. MR. SUMMERS: Commissioners, good morning. For the record, Dan Summers, director of Collier County's Bureau of Emergency Services and Emergency Management. I'm joined this morning with two champions from our team: William Lang, our alert and warning coordinator in the EM staff, and we're honored to have Brian Toolan here. Brian is the State of Florida representative and the New York City representative for Everbridge, so he has a very, very big job. And he got up early this morning from Sarasota to join us. So I've got a team of experts here with me. Real quick, we're excited to bring Alert Collier. And one of the reasons I think it's important that I share this with you is that the mass notification platform has -- I don't want to say has been in flux over the years, but FEMA has been working with it, the cell phone carriers have been working with it. You recall we had a national wireless alert test November 13, 2018 Page 36 earlier this month that was generated from the White House. So this technology platform has stabilized. More importantly, the price to Collier County is zero, meaning that the State of Florida has implemented this on behalf of the counties with a multi-million-dollar, multi-year contract engagement. Everbridge is not a closet organization by any stretch. They do serve the Department of Homeland Security and Department of Defense. Sixty-three counties are now adopting this Everbridge component under the Alert Florida slash Alert county name, in this case Alert Collier logo, and we certainly have all of the technical support that we need from Everbridge. What does it allow us to do? It allows us -- it is a mass notification system. Any disaster, any emergency situation, no one emergency system can do it all. If you remember, the wildfires two years ago, we used NOAA weather radio. In some cases, we did door-to-door notification. We rely on broadcasters. Some of the broadcasters carried that alert live. Some did not carry it because their participation in some of this is voluntary, unfortunately. As we've seen in California already with the mass destruction, gut-wrenching discussion out there that any additional mass notification systems that we can do. And part of our rollout this year includes, really -- kind of our marketing campaign, we'll go soft over the holidays and then really ramp up as we go into wildfire season, and ultimately into hurricane season of 2019. We can hit your wireless phone if you opt in. We all got tired of robocalls the last couple of months, but you have to opt in on wireless calls. Your landline calls are already included, and that's part of the Everbridge service to get that data and load it. And we can give safety precautions, emergency information, and instructions, et cetera. We can hit your business line, we can hit your home phone, hearing-impaired devices, we can push notifications to your devices, November 13, 2018 Page 37 send text messages and, yes, we're still using fax; can get fax data information out. We have alerts we sort of capture in what we call scenarios. William's job is to build those scenarios and test those scenarios for rapid deployment. We can notify county employees, special action groups. In this case, we have one just so that we can actively activate -- rapidly activate, rather, the EOC. We can get information out about severe weather, power outages, road closures, if necessary; utility failures. Part of the challenge of this is knowing how much to notify and how little to notify. And we don't want to wear the public out. When we send information out, it's going to be for the greater good and for a very, very important situation or condition. Missing persons, only if authorized by law enforcement, and I'll talk more about that in just a minute. We have the ability for those that are really good on social media platform to come into the event live. We'll be coming up with a keyword so that if maybe you've just gotten to Collier County and we have an event going on, we put out a keyword, and you can log in from there. It allows us to bring people to the web pages also for additional emergency information. As you know, from our hurricane experience, there's no such thing as too much information. So we get an opportunity to capitalize on that and manage that registration process. It has all the bells and whistles for the social media engagement, allows us to have that connectivity, both push and pull with Facebook, Twitter, and the individual's respective social media account. So adding in social media and Alert Collier gives us more depth to the public. Security is top-notch in our world as well with this information. Everbridge has the highest federal assessment, federal regulations as it relates to meeting those security requirements. And then even on the November 13, 2018 Page 38 end-user, there are security requirements as well. All of that data that -- in terms of a cell phone is protected, and we can manage that accordingly. Quickly, we will work, again, voluntarily with the public to get weather alerts. We're not going to be doing watches but more likely just severe warnings or even near local impacts. So, again, you can wear the public out a little bit, but we'll do that when the time is necessary for the most severe events. We encourage, again, folks to listen to radio, television, and NOAA Weather Radio, as all those venues are appropriate for emergency information. Citizens can also set quiet times. There are situations where the public may not want to be disturbed with a tornado watch, a warning at 3 or 4 o'clock in the morning, although we think it might be in their best interest if they are. But it they want that quiet time, that is certainly manageable as well. So far we've done an enormous amount of work in getting the system ready to go. 161,000 contacts are loaded, 1,200 special-needs clients are now loaded into the system so we can reach out to those individuals. We have presented to the City of Naples and the City of Marco. Both of them currently use a product called Code Red; not anywhere near as sophisticated as what Everbridge can do for us, but they already have renewed their contract with that service this year. We can exclude the municipal boundaries if they so desire, or we can cover those boundaries. And we'll coordinate with them during the time of the event. We think that after their contracts expire with their Code Red vendor, they may jump over and join us. And we're going to present to the City of Everglades later this fall. We're also getting all of our BCC employees loaded, and there's a lot of information there for desktop phones as well. Future actions: Very, very close collaboration with the Collier November 13, 2018 Page 39 County Sheriff. Anytime you initiate something to the public, the first reaction is to dial 911. We want to try to avoid that, working closely with the Sheriff's Office, and make sure that they know before any information is pushed out to keep them advised and to avoid any misuse of 911. Again, Communications and Customer Relations with Collier County is going to help us roll this out so that we have a really good marketing campaign for the wildfire season as well as the 2019 hurricane season. So let me stop and see if you have any questions. That's real quick. I know you wanted to get back on schedule this morning. But let me take any questions that you might have. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Is there some feature on this: When the cables are down and the electricity is off, how can the people still be reached? MR. SUMMERS: Yes, ma'am. Well, one of the reasons we'll be encouraging you to opt in is that if your landline phone does not work, then it falls back to your wireless device. If your wireless device even has some limitations, typically, the text message is very reliable. And I was in Panama City just a few days after Hurricane Michael hit, and text messaging and alerts were still coming out from that community despite how damaged their infrastructure was. So while no one system is perfect, this certainly has greater reach than what we have had with just FM radio. MR. OCHS: Thanks, Dan. MR. SUMMERS: Thank you very much. MR. OCHS: Thank you, Dan. Item #8A November 13, 2018 Page 40 RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (THIS IS A COMPANION TO AGENDA ITEM #9A) - MOTION TO APPROVE W/CCPC RECOMMENDATIONS AND TO INCLUDE NO OUTDOOR AMPLIFIED MUSIC – FAILED; DUE TO A LACK OF SUPERMAJORITY VOTE (COMMISSIONER TAYLOR AND COMMISSIONER MCDANIEL OPPOSED); MOTION TO WITHDRAW VOTE AND SEND BACK TO CCPC – APPROVED Item #9A ORDINANCE PETITION PL20160002584/CPSS-2017-1, A GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT SPECIFIC TO THE CONDITIONAL USES SUBDISTRICT OF THE GOLDEN GATE AREA MASTER PLAN, TO ALLOW CHURCH USES FOR THE GRACE ROMANIAN BAPTIST CHURCH (THIS IS A COMPANION TO AGENDA ITEM #8A) - MOTION TO APPROVE W/CCPC RECOMMENDATIONS AND TO INCLUDE NO OUTDOOR AMPLIFIED MUSIC – FAILED; DUE TO A LACK OF SUPERMAJORITY VOTE (COMMISSIONER TAYLOR AND COMMISSIONER MCDANIEL OPPOSED); MOTION TO WITHDRAW VOTE AND SEND BACK TO CCPC – APPROVED November 13, 2018 Page 41 MR. OCHS: Mr. Chairman, we move now to Item 8A under Board of Zoning Appeals and also Item No. 9A under advertised public hearings. 8A and 9A are companion items and will be heard together this morning. Item 8A is a recommendation to adopt a resolution of the Board of Zoning Appeals providing for the establishment of a conditional use to allow a church within an Estates zoning district for property located on the southeast corner of Golden Gate Boulevard and Collier Boulevard, and Item 9A is a recommendation to approve a Growth Management Plan small-scale amendment specific to the conditional uses subdistrict of the Golden Gate Area Master Plan to allow uses -- excuse me -- to allow church uses for the Grace Romanian Baptist Church. 9A is an adoption hearing as a small-scale plan amendment. Both -- Item 8A, Mr. Chairman, requires ex parte disclosure be provided by commission members, and all participants are required to be sworn in. So ex parte. CHAIRMAN SOLIS: Ex parte first. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, I did. I had multiple meetings, emails, and phone calls. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Thank you. Yes, I met with Rich Yovanovich, Jessica Haroldson, Josh Fruth, Adrian Roman, and Anna Weaver, and received emails from a neighbor. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: I've had staff meetings, correspondence. I actually visited the site on November the 5th. I wasn't able to keep my November 8th meeting with the petitioner, and I had to cancel it. COMMISSIONER SAUNDERS: And, Mr. Chairman, I've had November 13, 2018 Page 42 meetings with the representatives of the petitioner and emails as well. CHAIRMAN SOLIS: And I have also met with Mr. Yovanovich, Ms. Haroldson, Mr. Fruth, Adrian Roman, Anna Weaver, and received many emails from the neighbors. MR. OCHS: Have the court reporter, sir, swear in the participants. CHAIRMAN SOLIS: Anyone that plans to testify, if you could please stand and be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SOLIS: Any registered speakers raised their right hand as well? Okay. MR. OCHS: Proceed. CHAIRMAN SOLIS: Thank you. MS. WEAVER: Good morning, Commissioners. My name is Anna Weaver. I'm with Davidson Engineering representing Grace Romanian Baptist Church. As has already been said, I am going to be presenting 8A and 9A together at one time. So here is the site location of our project. It's located at the southeast corner of Golden Gate Boulevard and Collier Boulevard. Approximately .75 miles to the east is Big Cypress Elementary School, and .62 miles to the east is Max Hasse Community Park, for an idea of where we are. Here is an aerial view of the project location. It's a total of 6.25 acres in two parcels. The south parcel is where a single-family home is currently, and then the north area is wooded and undeveloped. So included in this petition is two requests. One is the small-scale Growth Management Plan Amendment to include the site in the list of exceptions to the locational criteria for a church in the Golden Gate Master Plan. The map you see to the right of the screen is what would be included in the Growth Management Plan as well as the text changes that we've proposed. November 13, 2018 Page 43 The second request is a conditional use to allow church in the Estates zoning. The conditional use would be consistent with the LDC and would be reliant upon the approval of the GMPA. So first we'll talk about the Growth Management Plan Amendment. In addition to staff analysis in the report that recommends approval, this is the list of the criteria in Chapter 163 of Florida Statutes for map amendments. Ten acres or fewer, no more than 120 acres in small-scale amendments per year, proposed text changes only, not located in an area of critical state concern, and it preserves the internal consistency of the Comprehensive Plan. We are consistent with all of that criteria. So moving on, the conditional use is the bulk of our request. So first, the existing zoning is Estates zoning. In that zoning district, permitted uses include single-family dwellings, family-care facilities, essential services, and educational plants. Churches are allowable as a conditional use in the Estates zoning district. So then this is our conceptual site plan. First, this is -- you'll see the ingress and egress proposed on Golden Gate Boulevard on the north end. Next is the development area including up to 24,000 square foot of a primary structure, and then also in the yellow you'll see outdoor recreation and/or a potential pastor's residence with a maximum square foot of 3,500 square feet. And then in the green you'll see the water management and preserve areas as required. And we've also shown a minimum of 129 parking spaces that would be needed as required by code for a maximum of 300 seats in the sanctuary. So then for our landscape buffers along Golden Gate Boulevard and Collier Boulevard, we're going to be providing a 15-foot Type D buffer as required, and then to the south along First Avenue, we'll have a 10-foot-wide Type D, and then we'll also have a 4-foot wall along that buffer as required by code. November 13, 2018 Page 44 To the east, north of the residential, is our preserve area. And also to the east and then south, adjacent to the residential property, we'll have a 15-foot-wide enhanced Type B buffer. This is a rendering of the view that you would see from that residential property to the southeast. So for traffic conditions, we do have Norm Trebilcock here, our traffic consultant, to answer any technical questions, but I'll give a brief overview of what we have. This is just another existing-conditions photo. This is a little bit older, so we've just drawn a line and an arrow to show that there is a median extension that was constructed in fall of 2017 to prevent left turn from Golden Gate Boulevard. So here on our conceptual site plan you'll see that we've shown 100 percent of our inbound traffic will be into that one access on Golden Gate, and then 100 percent will be outgoing as well. We've shown that approximately 20 percent of the traffic will turn right and go southbound onto Weber, and then 50 percent would continue and make a U-turn and go westbound, and then 30 percent would continue eastbound. So then we do have a lengthy list of proposed conditions. I'll just go through those as quickly as I can. These are -- number one, we've limited the church service hours from 8 a.m. to 10 p.m. on weekends and holidays, and we've also limited church-related meetings from 10 a.m. to 4 p.m. and 6 p.m. to 9 p.m. on weekdays with a maximum of 200 parishioners for those meetings. We've also included that Easter sunrise service will be permitted. A maximum of 24,000-square-foot total building area with no more than 300 seats in the sanctuary, and then a maximum of 140 parking spaces. So then No. 4 is our list of prohibited accessory uses that includes daycare, food services, and educational services. November 13, 2018 Page 45 And then No. 5 is our permitted accessory uses, and we've included some outdoor play area, gazebo, covered pavilions, and that's where you'll see our pastor's residence with maximum of 3,500 feet, and any storage sheds would be maximized at 1,800 square feet. Number 6 is that signs will be on Golden Gate and Collier intersection, and they're prohibited on Weber Boulevard. Number 7, a church representative must be present if the property is leased for any events, and it's limited to certain events. We've added a specific list to include charitable events, weddings, funerals, educational events, events associated with holidays, and governmental events. Number 8 is limiting up to 12 events per year, and no carnivals will be permitted. Number 9, outdoor amplified sound is prohibited unless permitted temporarily by a temporary or special-use permit. Number 10, no outdoor accessory recreation area lighting, and a pastor's residence, if constructed, would be lit similar to other residential in the estates area. Number 9 (sic) is a list of site lighting parameters that we've discussed with staff and agreed upon. It includes Dark Skies compliance, height limitations, and shielding to those lights. Number 12 is no steeple lighting will be permitted. Thirteen, this discusses our enhanced Type B buffer that's adjacent to that residential property to the southeast, and we'll be providing Type B up to 80 percent opacity within one year. Number 14 is the actual building height will be 50 feet maximum and 60 feet for the steeple. Fifteen is the dumpster will be located on the western edge of the preserve. We've added in "if needed," because we may start with just some roll-out containers, and if we do decide to build one, we'll put it there. November 13, 2018 Page 46 Sixteen, a maximum of 12 weekday peak-hour trips and 240 weekend peak-hour trips based on our ITE study. Number 17 is that during certain events the county may require traffic control. This is the customary condition that's been placed recently on most places of worship. And then our last condition is that a wall would be constructed along First Avenue Southwest. The code requires a 4-foot wall there, so we will be committing to doing that. And that's all I have. Any questions? CHAIRMAN SOLIS: We have how many public speakers; three? MR. MILLER: We have three, yes, sir. CHAIRMAN SOLIS: So would you like to hear the public speakers first? COMMISSIONER FIALA: Sure. COMMISSIONER SAUNDERS: I have a question that might alleviate some concern, potentially. In terms of the leasing, I think you said there were 12 special events that you could lease out. MS. WEAVER: Per year, correct. COMMISSIONER SAUNDERS: Per year. And will the lessee be constrained to operate in the same hours and conditions as the church? In other words, no outdoor music amplified, no later than 10 p.m., and that sort of thing? MS. WEAVER: Correct. So all of the other conditions would still apply, the hours, but they may request outdoor amplified sound in their temporary-use permit that would be reviewed. It may or may not be approved on a case-by-case basis. COMMISSIONER SAUNDERS: Thank you. COMMISSIONER FIALA: Okay. Just one quick question. I think with any development or any commercial business or whatever, many times they require less parking than really they should, and then November 13, 2018 Page 47 it becomes offensive to the people around there because the cars find someplace to park, and it might be on the street, and it might be on people's lawns. I think we should -- this is, of course, just my opinion. We should ask for more parking now because they expect to go up to 300 parishioners, and 140 spaces will not take care of all of that, especially if they have guests or events. So if it's possible, then -- this is just coming from one person -- I think we should add parking, extra parking. MS. WEAVER: So on our site plan, we're showing that there would be a minimum of 129, which is required for that 300-seat sanctuary, and then we do have a condition in our list for 140 maximum, and that came from a CCPC recommendation. I don't know if we would build more than 129 parking spaces to start, but I think we're more than willing to remove the maximum in the case that we ever need more and want to construct additional parking. COMMISSIONER FIALA: But in case -- is there a way to allot enough parking for, say, 175 spaces, even if they're not built initially, but the space would be reserved in case? Because I would hate to see it spill over into the neighborhood and then aggravate people. MS. WEAVER: We may be able to find a place for it, especially if the building isn't constructed exactly as shown, if the footprint is a little bit smaller or the recreation area is a little bit different. What we're showing is max buildout and what would be required by code for that. I think that we would prefer to have to construct whatever's required, and then if an event happened where we need to build more, we certainly would have room for that. We do have some extra space where we could fit in a few more spaces, but we've -- this plan shows where 129 would fit. November 13, 2018 Page 48 CHAIRMAN SOLIS: There's only one access point as well, right? MS. WEAVER: Correct. CHAIRMAN SOLIS: So if somebody was to park on First, they would have to walk -- COMMISSIONER McDANIEL: Through the woods. CHAIRMAN SOLIS: Or all the way around. Yeah. Okay. Commissioner Taylor, do you want to talk now, or do you -- COMMISSIONER TAYLOR: Yes. I guess I'm just going to pose a question to my colleagues up here without expecting an answer but to keep it in the back of your minds. How are we going to enforce this? And that's all I have to say. CHAIRMAN SOLIS: Okay. COMMISSIONER SAUNDERS: Wouldn't we enforce that the same way we do other restrictions on any development? COMMISSIONER TAYLOR: Well -- COMMISSIONER SAUNDERS: I mean, Code Enforcement would enforce any code violations. CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: I would presume. That's the way we do it with any business. COMMISSIONER TAYLOR: But it becomes -- it has -- it's my understanding in situations where these wonderful, wonderful structures are put next to -- or nestled in residential, and I guess in this case it's put next to it, the growth of these churches is, thankfully, phenomenal, and it becomes almost unmanageable, and it becomes a detriment to the residential around there. And I visited the site, and there is a beautiful home, beautiful home. It's a two-story, almost looks like three-story, I know it wasn't, right next to it. I mean, right there now they're going to be looking into this. I just -- I can't imagine that. It's not even zoned for this area; November 13, 2018 Page 49 that's why they're before us, and yet we're actually considering affecting a neighborhood, the Golden Gate Estates. I just -- I'm having a lot of trouble with this one. So I'd just like to know how we're going to enforce it. Yes, we can all Code Enforcement, yes, they can come out, but the damage has been done. MR. YOVANOVICH: May I? For the record -- CHAIRMAN SOLIS: Mr. Yovanovich. MR. YOVANOVICH: -- Rich Yovanovich. A couple of facts that maybe Commissioner Taylor's not aware of. We've actually coordinated with the neighbor that you're concerned about, and that neighbor is the one who asked us for the landscape to be the landscape buffer we're proposing adjacent to their property and didn't want a wall. They preferred enhanced landscaping. So we have reached out and coordinated with the neighbor. I will also tell you that we will go through the Site Development Plan process, we will meet the code, and we will be no different than any other project that goes through the process. I will also tell you that it's a rare occasion that churches exceed the parking. Now, I'm going to tell you, we all know that Christmas and Easter Sunday sometimes, you know, all bets are off. But generally you don't find issues with churches. And I've done a few of these, and I'll give you an example that was a hotly contested church in the Pine Ridge community. Covenant Presbyterian Church was recently expanded on U.S. 41. The Pine Ridge community was concerned about all this cut-through traffic, and a lot of these general provisions you now see, including having to hire an off-duty police officer or a sheriff's deputy to manage traffic in case people are cutting through and not respecting the neighborhood, have become general conditions. And to my understanding, and Mr. Casalanguida and Mr. Ochs can correct me if I'm wrong, that condition has never been November 13, 2018 Page 50 implemented where there's a sheriff's deputy there at Covenant Presbyterian Church on Sundays because of the potential concern that people are worried about. I live in that community, so I go by there. I don't go by there every Sunday, but I do go by there. So I don't think that these concerns actually come to fruition, and I don't think people are parking in the swales at Covenant Presbyterian Church. This is a small church. Three hundred seats is not a mega-church. It's not a large church. They will be respectful to the community, have made a lot of changes based on community input, including limiting access just to Golden Gate Boulevard and not coming off of Weber. So I think that enforcement is not going to be an issue, and if it is an issue, you have a code enforcement office that will come out and make sure we don't have any problems. But I think that there will not be problems, and we have coordinated with the immediately adjacent neighbor in designing this site plan. COMMISSIONER TAYLOR: Well, I guess it's my opinion that Golden Gate is a very wonderful -- Golden Gate Estates is a very unique and wonderful part of our community; that the integrity of the Estates needs to be maintained. And sometimes these projects, little bit by little bit, start to eat away at it. To me, Golden Gate Estates makes this community unique. We don't have another neighborhood or area like Golden Gate Estates. This is -- you're coming before us because the plan for this area was never to put a church here. And so I'm really having a problem, because the church of my day is not the church of today. MR. YOVANOVICH: Well, and the church that we're proposing is the church of your day. And I will tell you that Golden Gate Estates, the Comprehensive Plan is so narrowly written that it almost essentially prohibits places of worship out in Golden Gate Estates. I don't think the Commission intended to be that broad in the November 13, 2018 Page 51 prohibition. If you'll notice we're always coming through with a Comprehensive Plan amendment to put a church out in Golden Gate Estates. You have very specific conditional-use criteria to address the compatibility and address that, and that's what we're doing, and we're going through the heightened review to have to do a Growth Management Plan amendment out in Golden Gate Estates to put in a very neighborhood-oriented smaller church. I would agree if we were talking about a thousand-seat church on this corner, but we're not talking about a thousand-seat church. So it is a neighborhood church, and it hasn't evolved from other small neighborhood churches that you'll find throughout Collier County that have not negatively impacted the neighborhoods in which they're located. COMMISSIONER TAYLOR: Then I would argue that Golden Gate Estates was designed so that folks who live there would have their peace and quiet respected, and that if they wanted to go to church, they would understand, by living in Golden Gate Estates, they would drive there. And I don't mean to be argumentative, but to me that's the true -- that's the true genesis of the Golden Gate Estates. Thank you. COMMISSIONER McDANIEL: I'll go after speakers. CHAIRMAN SOLIS: Okay. We have a couple of speakers. MR. MILLER: Yes, Mr. Chairman. Your first speaker is John A. Kelly. He's been ceded three additional minutes from Renate S. Kelly. Ms. Kelly, could you indicate your presence? (Raises hand.) MR. MITCHELL: Thank you. And Mr. Kelly will be followed by Tim Pratt. MR. KELLY: Good morning, Commissioners. My name is John Kelly, and I reside at 221 Weber Boulevard South. November 13, 2018 Page 52 I also represent my mother, Renate Kelly, who resides at 291 Weber Boulevard South. Together we have 10 acres located within the notification area of the subject petitions. I will also let you know that although some of you recognize me as being on your payroll, I appear before you today as a citizen and full-time resident of Collier County and concerned resident. Thank you, Ms. Taylor, for your comments. They're spot on. There's insufficient time for me to say everything I feel that I must, so let it suffice to say that I'm here today to ask that you respect your Growth Management Plan and the incorporated Golden Gate Estates Master Plan as they exist today. It is your GMP that provides guidance and structure to your Land Development Code. If the community cannot have confidence in the Growth Management Plan, how can they have any member of the community make any competent decisions pertaining to anything having to do with zoning issues within the county? When my family purchased property in Golden Gate Estates some 20 to 25 years ago, we were very much assured that there would never be any commercial development; that it was a residential area. What concerns me more is that once you consider granting of a GMP amendment here, you're opening the door to others within the immediate vicinity. I'd also argue that by considering both the GMP amendment and a conditional use zoning action simultaneous, the county seems to be engaging in spot zoning. Is that really the practice this county cares to engage in and the direction in which we care to proceed? As for my family, we're not so much opposed to a church as we are fearful what else could result. As you may or may not know, the church in question had a prior location off Livingston Road where they had rezoned property, had a Site Development Plan, and subsequently -- for 300-seat church and subsequently sold that property. They November 13, 2018 Page 53 ended up at the current location, as it was affordable; however, there's been no mention that during this process the applicant purchased additional property in an appropriately zoned area and obtained permitting to convert the lower level of that property to a church. What happens if the church decides again to sell off their property? You'll have already approved a GMP amendment. So please consider that. Now, then, the issue of a conditional use at this location. I truly believe that your Planning Commission, with exception to the chairman, totally lost perspective. Rather than discussing how to ameliorate the impacts of a church being located within a residential community, they decided to argue what services could be offered or should be offered by a church. It was argued -- well, I'll just cut to the chase. The member on the Planning Commission that offered the motion to approve the church, or not to approve but to move it forward to you with a favorable recommendation of approval, conditioned that on the church providing alcohol and drug rehabilitation services or counseling. That's concerning to me in a residential area. And the church did not say that -- no, we told the community at two neighborhood meetings that that would be prohibited. They decided to say, yes, we welcome and would like to provide that service. It concerns me what we're going to end up with at this corner. In closing, I, again, ask you to leave your Golden Gate Area Master Plan as it is today without amendment. At the very least, should you disagree, I beg you to send the item back to your Planning Commission so as they can really discuss how to ameliorate the effects of a church providing alcohol and substance-abuse counseling at this location, and I thank you for your time very much. Thank you. MR. MILLER: Your next speaker is Tim Pratt. (No response.) November 13, 2018 Page 54 MR. MILLER: Tim Prett? Tim Pratt? (No response.) MR. MILLER: I guess he's not present, sir. CHAIRMAN SOLIS: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, yes. I have a couple of things and a suggestion. I'm not at all opposed to having the CCPC review this again. There were some adjustments after the original public notice process, number 1. Commissioner Taylor, and not to correct you but just to add assurance to what you're talking about, churches are allowed in Golden Gate Estates. COMMISSIONER TAYLOR: Oh, I know that. COMMISSIONER McDANIEL: Everywhere. They all require a conditional use which is the precept for this applicant's coming forward. So even on a small piece of property in a residential area, a church is, in fact, allowed but by conditional use request, which brings them forward to put these stipulations in. We are, as we all know, in the process of reviewing the Golden Gate Estates Master Plan and the GMP amendment process and have found multiple shortcomings in the public notice process, which is difficult for me. I mean, shortly after I became commissioner, a school was placed out in Golden Gate Estates right on Immokalee Road, and the school only had to notify two people, two residents that were in that nearby surrounding area. So I've got concerns with the use. One of the things that I would like to suggest and, again, depending on what you-all believe we should do, is -- because the Grace Romanian -- I certainly don't have any issue with the particular church that's coming before us. I would like to suggest to our residents out there that this intersection, yes, it is currently zoned residential. It could be something else other than a church. November 13, 2018 Page 55 But my concern is with the use change or with the ownership change. Right now we're dealing with the folks at Grace Romanian Church, baptist church, and then some day somebody else decides they want that particular location more than they do. And so I would like to have a discussion, whenever this comes before us, about ownership shift. If, in fact, this becomes a different church than the particular ones that are applicants now, that we have a -- we have some opportunity. And I don't know if we can do that legally or not, Rich. You're making a face at me, so... MR. YOVANOVICH: Sorry. I lost my poker face. COMMISSIONER McDANIEL: Sorry. But that's one of the things. Now, the second question that I have is, I was under the understanding that we were -- we weren't physically going to be doing drug and alcohol rehabilitative services. It was just an allowance for AA meetings, which most all churches, in fact, do have. MR. YOVANOVICH: Yeah. And I was going to address that point when I got up here. COMMISSIONER McDANIEL: Oh, okay. MR. YOVANOVICH: And I'll do it now since you brought it up, or do you want me to wait? COMMISSIONER McDANIEL: No. Go ahead, please. CHAIRMAN SOLIS: I was only going to add that I watched the entire Planning Commission meeting, and the discussion was about AA meetings and groups like that. Not operating a rehabilitation center, right? MR. YOVANOVICH: Yes. And first of all, the approval of the church was not conditioned upon our providing these services. The motion was made by one of the Planning Commissioners that they didn't want to prohibit the church if AA or Narcotics Anonymous wanted to have meetings at the church. It was never said, "In order to November 13, 2018 Page 56 be able to do a church, you have to provide this." And we are not providing drug and alcohol rehabilitation services. That is not what we're doing. It was never what was intended by the Planning Commissioners that brought that up, but at least the church I go to, and many churches throughout Collier County, do provide space for AA meetings to occur, and that is the total context of where that came from, and drug and alcohol rehabilitation was not an approved use in this conditional use and was not a condition precedent for a church being allowed to occur on that site. COMMISSIONER McDANIEL: I also express the same concerns or carry the same concerns that Commissioner Taylor does because, you know, I've said it on multiple occasions. The enforcement aspect, once we approve something, is after the fact. And the impact on our neighbors on Weber and on Golden Gate Boulevard that is, in fact, main and main for the major access point for currently out of Golden Gate Estates, is -- it's going to be -- it's going to be a tremendous impact on the neighborhood. So I carry those same concerns that you have expressed, Commissioner Taylor, with regard to the intensity. I think the applicant, though, has reduced those impacts as much as physically possible, or at least allowed for them to be reduced. I'm concerned about the enforcement aspect, though. What are we going to -- other than someone, the neighbor, calling to complain about an after-hours event or too loud of an event that's a special use -- and that was a question. Who approves the special-use permits? Does that come back to us, or is that done administratively? MR. YOVANOVICH: It's your staff approves special-use permits. COMMISSIONER McDANIEL: So the neighbors that are there that are impacted by staff allowing a noise-amplified event are relegated to who? November 13, 2018 Page 57 MR. YOVANOVICH: Well, I guess staff, and it would be -- staff would approve appropriate hours of operation for that event. For instance, I didn't know that if you have a church picnic and you actually allow guests to come to that who are not church members, you have to get a special-event permit for that. So those are the types of events that -- you know, or a church yard sale, things like that, are going to require a special-events permit. They're typical events that churches have. I know one concern was raised by Mr. Kelly both at the neighborhood information meeting and the -- sometimes churches have carnivals and things like that, and that's been prohibited. So those -- we've tried to take care that there would be no events that would be disruptive to the neighborhood in limiting it to -- through the special-events process. I don't -- I mean, I don't really think that you get that many complaints from churches, and when you do, we're going to be brand new building. It's not going to be older buildings that are metal buildings and things like that where you do have some concerns about noise coming from the building when you're having a regular service. I think we've done everything we can to put reasonable conditions, including limiting the hours of operation during the week to nonpeak hours, low peak-hour trips during the week. Churches are Sunday morning, generally, traffic generators, and I think that we're going to fit in nicely with the community. And the other communities that have experienced these same concerns, they haven't come to fruition. MR. KLATZKOW: Commissioners, this is a conditional use. You can add restrictions. I mean, what's set before you is not in stone. If there are additional restrictions you want to place on this in order to make you comfortable with this, you can do so, including prohibiting amplified sounds, period. November 13, 2018 Page 58 COMMISSIONER McDANIEL: Outside events. CHAIRMAN SOLIS: So I have Commissioner Fiala and Commissioner Taylor with their lights on, but we just gave our court reporter an award, and so I'm just going to say, can we finish up, do you think? Are you okay? Okay. We'll then -- MR. OCHS: I'll remind you you have a 10:45 time-certain. CHAIRMAN SOLIS: We have a 10:45 time-certain as well, so. Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes, two things. I forgot to declare on the ex parte I spoke with two Planning Commissioners, and I did not mention that. So I'm sorry. The second thing is, I was -- I, too, respect the efforts that have been put in to preserve the Golden Gate Estates feel, the country feel, the feeling of open space, and the feeling of privacy and keeping out of the commercial businesses. And I just hope that -- one little fear that I have is I hope this doesn't lead to other commercial businesses wanting to come in, and especially not on side streets or other things. I can understand in this particular case, but does this church, wherever they're located now, if they have a location, does it have a reputation in that neighborhood as to how it gets along? And I know you wouldn't have that information, but I'm curious. MR. YOVANOVICH: Well, I could tell you that they've been worshipping at First Baptist. They've had to relocate, so temporarily bought an office building, and that's the renovation that Mr. Kelly was referring to as their building out some office spaces as an interim use, and then they want to -- they want this to be their permanent home. So I can only tell you that I spent four years at a baptist college, and they're not loud, crazy people. Now, Lutherans can be a little bit different. COMMISSIONER FIALA: Oh, that was a good one. MR. YOVANOVICH: But I can -- you know, I could just say, November 13, 2018 Page 59 Commissioner, I went to more than one church service, and they're not bad neighbors, and they're not going to -- COMMISSIONER FIALA: No, you know, I wouldn't think that either. Baptists are pretty strict anyway, aren't they? And they do play a lot of music because, you know, the younger people nowadays enjoy worshipping by music and through music, and so I realize that as well. Thank you. CHAIRMAN SOLIS: Okay. Commissioner Taylor. COMMISSIONER TAYLOR: Yes. I wondered if we could get any kind -- kind of without warning, Mr. French, but it's my understanding that we do have challenges with code enforcement of churches throughout our county, and I wonder if you have any kind of information you could bring forward or you feel comfortable bringing forward, not mentioning names, but -- MR. FRENCH: Good morning. For the record, Jamie French. I'm your deputy department head for the Growth Management Department. Code Enforcement falls underneath my purview. Yes, ma'am, there are a number of the older churches where zoning wasn't quite so tight that we have had Code Enforcement engage with some of those churches. Typically what we're findings is that as these churches that come in and occupy these formerly built structures that zoning was in place, they go beyond the entitlements to where they do have some parking restrictions. They -- at times they will have some unpermitted events, and all of those applications do come through our office, and they do get thoroughly reviewed. If it's after hours, if there's anything to that magnitude that would require additional assistance, we reach out to the County Manager's office as well as to the County Attorney's Office for further direction. But, yes, some of the older churches where we're starting to see new people or new organizations come in, we do struggle a little. But in this particular case, ma'am, I have reviewed this documentation. November 13, 2018 Page 60 And I will tell you that the Planning Commission and the applicant has done a pretty good job and, as Mr. Klatzkow alluded, you can certainly put conditions in there that would restrict any additional uses beyond what they're asking for. COMMISSIONER TAYLOR: Thank you. MR. FRENCH: Yes, ma'am. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: I have a rather unusual request, and that is there's been -- several people came that would like to speak that are from the public, and if you would so entertain it, Mr. Chair, I'd like to have them have that opportunity to be swore in and speak on this matter. I don't know if you actually closed the public hearing portion of this or the public speaking portion of this, but -- CHAIRMAN SOLIS: They're not registered to speak. COMMISSIONER McDANIEL: They are, but they turned their slip in late. MR. MILLER: Actually, it's kind of a double-edged thing here. Michael Ramsey submitted two slips, one for 8A, 9A. We're only accepting one slip for both items, but he did submit a slip after we were done hearing public speakers. Chairman's prerogative, sir. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: He is the president of the Golden Gate Civic Association. CHAIRMAN SOLIS: If he wants -- COMMISSIONER FIALA: Was he here to be sworn in? COMMISSIONER McDANIEL: Not yet. He was in the hallway, I think, or on his way. CHAIRMAN SOLIS: I think if he wants to speak and he put in a slip for one of them, I think he should be entitled to speak. November 13, 2018 Page 61 COMMISSIONER McDANIEL: Did you raise your hand? Tell him, Terri. MR. OCHS: Sir, just for reference, and for the audience reference, you must register before the Board begins hearing the item. That's the protocol that the Board has followed for years. So if you want to be heard on an item, please get your speaker slip in before the discussion starts on that. COMMISSIONER TAYLOR: And you can change your mind during the discussion, but it's most important to get it in. (The speakers were duly sworn and indicated in the affirmative.) MR. RAMSEY: I would have been here earlier, but there's no parking places. It's absolutely full. My name's Michael Ramsey. I'm the president of the Golden Gate City Area Civic Association. I spent 10 minutes looking for a parking place just to get up here. On this issue with the church, first and foremost, we had gone through meetings with community and neighborhood information meetings for the last year, year and a half with this church. We started off with information from the church at a certain level of activity, and it appeared that the church was working its way into fitting in with the rural community that we have. After a year of meetings, they came back with an update on their plans. It increased the activity and the number of people in there. We went to the neighborhood information meetings, and there was a lot of people that were against it because it didn't fit well into the community. It appeared that they were not trying to fit into the community. So we do have an issue with that and were against it at that point after the second neighborhood information meeting. Second, although it's -- I don't know if it's expressed clearly, that area next to that intersection has high traffic. And the road, First Street, also intersects with two other churches and the park, Max Hasse November 13, 2018 Page 62 Park. This thing has a lot of traffic implications on the weekends and during events. I don't think that's been brought up in here, and it really does interfere with the residential rural lifestyle in the Estates. And, for that reason, we'd be against the rezone and also transmitting the growth management issue with it because the Golden Gate Master Plan is still under review, and we had recommended to wait till we had finished and did the update. So for those two reasons we would not recommend approving this. Thank you for the time, and we need a bigger parking lot. MR. OCHS: You've got a five-story parking garage right there. Free parking, sir. We have a second one as well. MR. YOVANOVICH: Can I respond to some of those comments? CHAIRMAN SOLIS: Sure, briefly. MR. YOVANOVICH: I'll try. First of all, the building has always been 24,000 square feet. The changes that occurred between the first NIM and the second NIM were to change the access to no longer have access on Weber, to actually allow them to have worship services other than on Sunday. Because when they came to meet with me after they had these initial meetings -- and I wasn't there at the very beginning -- I said to them you do realize that Christmas only happens on Sundays once every six or seven years. So the provision you had agreed to with only having worship on Sunday means you can't have a Christmas service. So we said, let's go back to the community and explain the changes we're making, because what we didn't want to happen was, at the first Planning Commission meeting, be accused of a bait and switch. So we went back and had the second neighborhood information meeting to explain the changes in the access and any other changes that related to hours of operation that had been previously included. November 13, 2018 Page 63 For instance, there was a prohibition from having Bible studies during the day and things like that. So we -- yeah, they weren't allowed to do anything during the day. So I said, let's go back and explain how churches really work. They're not experienced in this process and I said, I know you're going to have pastoral counseling and things like that that happen during the day. That's prohibited. So we went back and made those minor changes. That's the only changes that occurred. We've never increased the size of the church, that's not correct, between the first NIM and the second NIM. And we had the second NIM before we went back to the Planning Commission. So I just want that to be clear that, yes, there were some changes and we clarified the hours of operation during the day and clarified that we can actually have worship services on other days other than on Sunday. CHAIRMAN SOLIS: Commissioner Taylor, it's 10:55. COMMISSIONER TAYLOR: Yeah. You know what, I have questions, and -- but we have a lot of things going on. So I'm going to bow to you, sir. I can hold my questions, but I would like them answered before -- CHAIRMAN SOLIS: I'd like to - I was just pointing out that we're now past the 10:45 time-certain. If you have comments, I'd say let's get it done now, if our court reporter's still okay, so that we can get through this item and then we'll start with our time-certain after our 10-minute break. COMMISSIONER TAYLOR: I guess what I read in the traffic engineering is -- the report is that you are estimating 12 trips per day? MR. YOVANOVICH: Twelve peak-hour trips during the week, not Sundays. Obviously Sunday is a different time period. COMMISSIONER TAYLOR: Right. MR. YOVANOVICH: But 12 peak-hour trips, and we've limited November 13, 2018 Page 64 ourselves to 12 peak-hour trips -- p.m. peak-hour trips during the week. COMMISSIONER TAYLOR: Okay. So that's what, four to -- what? MR. YOVANOVICH: It's basically -- we're not even open between 4 -- 4 and 6, so we're not even open during the peak. So these trips that we've agreed to cap ourselves on, we're not even open, but that's what your normal ITE manual would say, a church generates 12 p.m. peak-hour trips, so we included that as a prohibition. And we're not open during the a.m. peak, and we're not open during the p.m. peak so that we don't interfere with people's going to work, coming home from work. So we did limit the hours of operation that way during the week. COMMISSIONER TAYLOR: Well, I think that's precisely -- you made my point. You limited yourselves to what I consider, given the success and the importance of the vibrancy of this church, to an impossible standard to achieve, but you're not open, so you've achieved it. What I'm concerned about is the Bible studies. What I am concerned about is the activity of a church. I mean, this is a fabulous church. It's a very vital and growing church, and it should be. It just shouldn't be here. Thank you. CHAIRMAN SOLIS: Any other questions? Commissioner Saunders. COMMISSIONER SAUNDERS: Just a quick comment. Obviously, we're going to -- as the community continues to grow, there's going to be more churches that are going to come before us. And I'm looking at this location and these conditions, and I'm not so sure we could find a better location for a church. You're going to have one -- I know Mr. Yovanovich is involved in one in the Grey Oaks area, or the Oaks, I'm sorry, the Oaks November 13, 2018 Page 65 subdivision -- MR. YOVANOVICH: Oaks. COMMISSIONER SAUNDERS: -- where they're going to be looking for a conditional use. That's embedded in the heart of a community. This is at the intersection of two major roads. So I'm not sure, if we don't approve this, where you can do churches other than, perhaps, at the commercial centers, and, you know, the major intersections that are already activity centers. Those might be the only locations left. So I just throw that out. I'm not sure why this would not be a good location for a church, and if it's not a good location, I'm not sure where a church would go in this community. CHAIRMAN SOLIS: Thank you. Is there a motion? COMMISSIONER FIALA: I'll just -- not a motion yet. I just want to say, I felt that being on the corner and not down the street would not be as much of an impediment as, you know, being right there and can get in and out, and they don't travel through the community at all because there's no reason to travel. There's nothing at either end of anything. So I wanted to insert that. CHAIRMAN SOLIS: Can I obtain a motion to approve with the conditions from the Planning Commission? COMMISSIONER SAUNDERS: If I might ask Mr. McDaniel a question. You had said something about referring this back to the planning board. I'm not sure why we would do that. What was your rationale for that? COMMISSIONER McDANIEL: Twofold. Number one, the notice process from the original application to the second process -- to the second public notice -- and Mr. Yovanovich and I have already gone round on this -- I feel was deficient, one. The public that is impacted by this is greater than the 300-foot notification requisites within the current GMP amendment -- or the November 13, 2018 Page 66 GMP for Golden Gate Estates. We're impacting everybody to the east and everybody to the south on Weber, this particular use. I can't say -- there's hardly -- I concur with you, Commissioner Saunders, that there's hardly a better location for a church. It's just I feel the public-notice process is sorely deficient, and -- COMMISSIONER SAUNDERS: Mr. Chairman, could I ask another -- one more question of the petitioner? CHAIRMAN SOLIS: Were you finished? COMMISSIONER McDANIEL: Yeah, I'm done. COMMISSIONER SAUNDERS: On Weber, obviously, there are going to be some folks that are going to -- I think you said 20 percent are going to take the right-hand turn onto Weber hitting south. Now, if you're on Weber, how do you get back -- can you get back to 951, or do you have to go back up to -- COMMISSIONER McDANIEL: You've got to go all the way south on Weber to White and/or jump on First and go out around and come out at the light over at Max Hasse. COMMISSIONER SAUNDERS: So it's not a particularly convenient way to get back onto 951, or is it a convenient way? COMMISSIONER McDANIEL: Weber South -- depending on which way you're going. If you want to go north on 951, it's a trick because you've got to go two miles south down to White Boulevard, or you come around to First and you go over through the park and out at the light onto Golden Gate Boulevard, or you go on down -- as they've shown on the map, go on down to Golden Gate Boulevard and do a U-turn. COMMISSIONER SAUNDERS: And then one other question for the petitioner. Where do your parishioners -- for the most part, where do they live? MR. YOVANOVICH: We have a fair number that live out in Golden Gate Estates. That's one of the reasons this site made sense. November 13, 2018 Page 67 So, you know, that's -- it's a good location because we have people living in that general vicinity; not everyone, obviously, but we have a fair number of members that live out in that area. And I'm not -- I don't mean to be argumentative with Commissioner McDaniel about the notice process. I really do feel like at the second NIM -- there were more than 30 people at that NIM, which is a large number, including Mr. Ramsey was at the NIM, so I know the word got out at the second NIM. And if you went back and watched the discussion and thoroughness in which this Planning Commission discussed all of these issues and beat up this piece of property on whether it was appropriate or not with the conditions, I think that we did address that. Now, I understand -- and I bet you that if you were to ask Jamie to come back up here, it would be amplified -- outdoor amplified music or amplified music as a whole that's been your issues with churches. Obviously, indoor amplified music, I think we should be allowed to do. It's going to be a brand new building. I just don't think it will be a problem. But if it's going to be a real problem with outdoor amplified music, we don't want to see the church go down because we could potentially have special events that would allow amplified music. So if you wanted to put a prohibition on that, and after we've proved ourselves as a good neighbor, we could come back and ask for an amendment to the conditional use at that point if we ever felt it was vital to have special events with amplified music. You know, I would suggest that perhaps that would be a reasonable compromise to address noise-level issues with the community. And I hope that that -- and that's what I heard was basically mainly noise and traffic. And I don't really think a lot of people are going to come down Weber to try to go back to wherever they're November 13, 2018 Page 68 coming from. It's just not a convenient way to go. COMMISSIONER McDANIEL: They're going to go in on First. MR. YOVANOVICH: Well, I mean, come down to First -- they'd have to come down Weber to First, but if you want to go back west and north, you're not going to do that. You're going to mostly go east on Golden Gate and do your U-turn. So I hope we can get there without having to go back to the Planning Commission, because I don't know that another lengthy debate there is going to change much of the outcome. CHAIRMAN SOLIS: Very good. Our court reporter -- COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: I'm going to make a motion so we'll get through this here real fast, but I want to ask a question of the County Attorney. 8A is a conditional use that I think requires three votes; is that correct? MR. KLATZKOW: Four votes. COMMISSIONER SAUNDERS: It requires four. And then how about 9A? MR. KLATZKOW: Four votes. COMMISSIONER McDANIEL: Supermajority. COMMISSIONER SAUNDERS: I'm going to make a motion to approve 8A -- MR. KLATZKOW: Before you make your motion, does anyone want to hear from staff or have a question for staff? COMMISSIONER McDANIEL: I have one question of staff with regard -- and this is for Mr. Bosi. Is this particular site a designated activity center? MR. BOSI: This is not a designated activity center. COMMISSIONER McDANIEL: Okay. November 13, 2018 Page 69 MR. BOSI: Mike Bosi, Planning and Zoning. COMMISSIONER TAYLOR: And I have a quick question -- CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: -- of the petitioner, if you don't mind. And I know you're here. I mean, I'm answering my own question, but I'm going to ask you anyway just to get it on the record. Is there any problem of waiting until the Golden Gate Estates Master Plan is completed before you come back to us? MR. YOVANOVICH: Well, first of all, the answer -- short answer is yes because, you know, we don't know when that process is ever going to get completed. COMMISSIONER TAYLOR: Okay. MR. YOVANOVICH: And what you've got proposed right now isn't going to allow for churches to occur on this piece of property in the first place, because you don't do site-specific planning through your comprehensive planning process. That's why you have these small-scale Comp Plan amendments coming through in the first place is because you're not looking at the specifics, and that's why I'm saying you're not going to get there because you're not doing that type of planning anyway. You're looking at a much bigger scale. CHAIRMAN SOLIS: Very good. Thank you, Commissioners. COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to make a motion to approve the petition, Items 8A and 9A, with an additional condition, and that condition is that there's no amplified outdoor music and if there's a -- obviously, if there's a problem with too much noise coming from inside, that will be an issue to deal with. So I'll make that motion. CHAIRMAN SOLIS: Is that your second? COMMISSIONER FIALA: Yes, I will second it. And I just have to say it's been very difficult because, you know, we've got a November 13, 2018 Page 70 commissioner here who lives in the area, and we -- and we really appreciate all that he offers to this group, as well we've got a planning commissioner that lives right down the street from it and he's -- you know, so we have to go against the people that we work with, and you hate to do that but, on the other hand, to be perfectly fair -- and I think a lot of times we forget about being fair, and in this case that is a fair thing. And as long as it's not something that's down the street or it's a huge thing, they have complied with all of the things that we've asked; I like the insertion that we don't have any amplified music, Commissioner Saunders. So I will second that motion. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Opposed. It fails. MR. YOVANOVICH: Can I just say something for the record at the end, real briefly, since we're done. I just want you to know the last two churches that have come forward in front of the Planning Commission on major intersections have failed 3-2. I don't know what to tell churches that want to come to Collier County to do. COMMISSIONER FIALA: And the Planning Commission voted 6-1 in favor of, so that weighed heavily on my thoughts as well. CHAIRMAN SOLIS: It did. COMMISSIONER FIALA: So, you know, we have to -- we have these committees to guide us. Thank you. November 13, 2018 Page 71 CHAIRMAN SOLIS: Take a 10-minute break. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, if you'd please take your seats. Please come to order. Thank you. Mr. Chairman, you have a live mike. CHAIRMAN SOLIS: Thank you, Mr. Manager. We're on to our time-certain that's, unfortunately, not that certain. COMMISSIONER McDANIEL: Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. COMMISSIONER McDANIEL: Before we go on to our next item, I would like to have a discussion, or I'd like to make a motion for reconsideration on our last vote. I would like to -- I would like for us to give consideration to continuing this item and referring it back to the Planning Commission just to give an opportunity for greater public knowledge or greater public information with regard to the use. COMMISSIONER FIALA: I'll second his motion if you'd like -- if you need a second. COMMISSIONER McDANIEL: Well, I think it does need a second if we want to have a reconsideration of it. I'm having difficulty with the entire process, as I've said along -- I have an enormous amount of faith in the chairman of our Planning Commission, who lives in Golden Gate Estates. I have an enormous amount of faith in the folks that live in Eastern Collier County and Golden Gate Estates. I just -- I'm troubled with the lack of public notice and the current limitation of the GMP for Golden Gate Estates, so... COMMISSIONER FIALA: You know, I have to chime in with what Commissioner Bill says, and that is, notification, when it only goes out to 500 feet and the 500 feet is across the street, and you've already taken all the 500 feet, so I agree. CHAIRMAN SOLIS: I was told it was a thousand that it was November 13, 2018 Page 72 sent out to. Anyway. COMMISSIONER SAUNDERS: Mr. Chairman, on the motion, obviously I made the motion to approve the church, so I'm not going to object to reconsideration. But in the interest of the shortness of human life, I have a question for Mr. McDaniel. You know, this will come back at our next meeting. We'll vote on the motion to reconsider, and the thing it will -- you know, we'll send it out and have more notices, but we're going to come back with the exact same facts. And so I guess I just ask that, you know, if this is a motion to reconsider because you may ultimately reconsider your vote, then, you know, I support that. But if it's just because we want to get more notice out and we're going to have the same result -- that's all. I'm just saying I'm supporting your motion, but hopefully it's not just to get more notice out and come back with the exact same facts. COMMISSIONER McDANIEL: There were -- in all candor, I may reconsider my vote. There were original stipulations that were asked for by the -- our chairman of the Planning Commission with regard to protection for traffic concerns on Weber, limitations on hours of operation, and those sort of things that I don't think are particularly a portion of this current application. So I can't say I'm going to change my vote. I just -- COMMISSIONER SAUNDERS: There is that potential? COMMISSIONER McDANIEL: There is the potential there. I -- as you can tell, I am seldom torn on decisions, but this is one where I'm having a difficult time. And I've received an enormous amount of concerns from our residents, not just in close proximity but all of Eastern Golden Gate Estates being -- you know, if Vanderbilt Beach Road were already constructed and there were another access point, I think I would have less concern with regard to the intensity of this use in relationship to a residential use. But it's not, so it's -- you know, it's a fact of our life. November 13, 2018 Page 73 CHAIRMAN SOLIS: The restrictions you were talking about were the times of operation during the week? Because that's what I thought changed. COMMISSIONER McDANIEL: Right. CHAIRMAN SOLIS: I mean, to have -- COMMISSIONER McDANIEL: It was -- CHAIRMAN SOLIS: To build a church that you can't use during the week just seems to me to be -- COMMISSIONER McDANIEL: And I concur with that. You know, certainly there should be allowable uses that are there, and I do want to say, you know, there are more good things coming from a church than just the AA meetings. I mean, you know, there are scout meetings and there are military meetings and there are weight-loss meetings, and there are other things that come that are of value to a community. But at the end of the day, this is a residential-zoned piece of property, and it's impacting a far larger area than that that is currently required per the Golden Gate Estates Master Plan, period. And that's where I'm -- that's where -- COMMISSIONER FIALA: I admire that you have such an open mind. MR. KLATZKOW: Is the thought to bring it back to the Planning Commission to go over additional limitations for the use since this is a conditional use and then bring it back here, or is the thought to bring it back here directly? COMMISSIONER McDANIEL: Take it to the Planning -- I'd like it to go back to the Planning Commission for a re-discussion, revisit as for -- as for the conditions and stipulations that are in the current conditional-use request. MR. KLATZKOW: Okay. I'm just trying to get clarity as to what we're doing. So the vote is that we would ask the Planning Commission to look at it again -- November 13, 2018 Page 74 COMMISSIONER McDANIEL: Yes. MR. KLATZKOW: -- see if they can tighten, you know, somewhat the uses to make it more compatible with the community, and then bring it back. COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. COMMISSIONER SAUNDERS: We have a little bit of a procedural issue here. So what I'm going to ask the County Attorney is, we voted to deny these petitions on a 3-2 vote. Can we withdraw that vote so that we still have a live petition? Because right now the petition's been denied. COMMISSIONER McDANIEL: Technically, that's correct, yes. COMMISSIONER SAUNDERS: And so I know in some procedures you can actually make a motion to withdraw that vote to re-establish the fact that we have live petitions in front of us; otherwise, we have a reconsideration ordinance that requires it to come back to us. MR. KLATZKOW: The reconsideration ordinance really doesn't contemplate sending anything back to a planning commission, so we're trying to skate around the issue. If the Board wants to simply vote to retract the decision and send it back to the Planning Commission, you can do that. COMMISSIONER SAUNDERS: I'll make that motion then. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: Well, there was already -- there was already a motion and a second. COMMISSIONER SAUNDERS: I'm sorry. COMMISSIONER McDANIEL: Procedurally we have to do what Commissioner Saunders has said. So I'll withdraw my original motion -- we're getting to the same place. November 13, 2018 Page 75 COMMISSIONER FIALA: I still keep my second no matter which one. COMMISSIONER SAUNDERS: I'll make the motion to retract the vote that we just took on Petition No. 8A and 9A. MS. WEAVER: If I may, can I make one quick comment? CHAIRMAN SOLIS: Yes. We should let the applicant say something. MS. WEAVER: I just want to put on the record that we had our staff double-check, and we did notify the neighbors within 1,000 feet. COMMISSIONER SAUNDERS: It doesn't matter. The petition's been denied. MS. WEAVER: I understand. I just wanted to put that on the record. COMMISSIONER McDANIEL: We're technically un-denying you right now. COMMISSIONER SAUNDERS: Yeah, so I would -- COMMISSIONER TAYLOR: I would be very -- COMMISSIONER SAUNDERS: I would just sit down and let us do this, quite frankly. So I make a motion to withdraw the vote that we just took on Item 8A and 9A for purposes of sending the petition back to the planning board. COMMISSIONER FIALA: And I'll second that motion. CHAIRMAN SOLIS: 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. November 13, 2018 Page 76 CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: May I just make a postscript here? I think as we grow -- and I think we're seeing it more and more -- the issue of infill is going to come forward as land becomes more scarcer within the urban area and folks don't want to travel outside their urban area, we are going to be faced with this again and again. And I'd like to -- see, and that's a later discussion, but I'll just leave it with you. I'd like to see us tackle infill and what that means to surrounding residential. CHAIRMAN SOLIS: Thank you. Mr. Giblin? Item #11A STAFF TO INITIATE AN INVITATION TO NEGOTIATE (ITN) PROCESS FOR THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE ON THE (1) COUNTY-OWNED BEMBRIDGE PROPERTY, AND (2) THE COUNTY-OWNED MANATEE PROPERTY PROPOSED TO BE CO-LOCATED WITH A PASSIVE PARK; AS BOTH PROPERTIES WERE PREVIOUSLY IDENTIFIED AS SUITABLE FOR THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE IN ACCORDANCE WITH THE COMMUNITY HOUSING PLAN. MOTION TO DIRECT STAFF TO MOVE FORWARD WITH BEMBRIDGE PROPERTY THAT INCLUDES 30% - 140% INCOME QUALIFICATION – APPROVED; MOTION TO NOT PURSUE MANATEE PROPERTY SITE – APPROVED MR. OCHS: This is Item 11A, Commissioners. This is a November 13, 2018 Page 77 recommendation to authorize staff to initiate an invitation to negotiate process for the development of housing that is affordable on both the county-owned Bembridge Property and the county-owned Manatee Property which is proposed to be collocated with a passive park, as both properties were previously identified as suitable for development of housing that is affordable in accordance with the Community Housing Plan. Mr. Giblin, your grant and housing development manager, will make the presentation. MR. GIBLIN: Good morning, Commissioners. For the record, my name's Cormac Giblin. I'm the housing and grant development manager for Collier County. Again, we're here to discuss the possibility of issuing an invitation to negotiate for the collocation of housing that's affordable on county-owned properties. To get there we first want to give you and the public a reminder of what housing that is affordable is. It's safe, decent, and affordable, and it costs less than 30 percent of your monthly income. On the slide you see three example developments in Collier County of housing that is affordable. Earlier this year, in February, the Board directed us to go back to basics with our official definition of affordable housing. Again, it's affordable to a household when the monthly rent or mortgage payment, including property tax, insurance, and required fees is not in and excess of 30 percent of your monthly income. Under the umbrella of the term "affordable housing," there are several income levels ranging from extremely low income up to gap income, and they're represented by percentages of the county's median income. We go one step further in Collier County. We have what we call restricted affordable housing, and there are currently about almost 7,000 units of restricted affordable housing. Those are units that are November 13, 2018 Page 78 known to the county, monitored on a yearly basis. We know the rents that are charged, we know the incomes of the folks who live in it. We also acknowledge that there are multiple units out in the general unrestricted market that may be affordable at certain price ranges, and there are almost 100,000 of those. Those would be units that are appraised by the Property Appraiser with a market value of less than $250,000. Who is it that we're talking about when we use the words "affordable housing" in Collier County? Again, using the same income stratification, we use a household of three income level. And you can see on the right-hand side of the slide the example salaries that pay within those ranges. For example, at the 80 percent low-income level of $54,000 for a family of three, that's where our teachers, firemen, construction workers typically fall in that level. As we go down, you get to lower-income paying jobs, and as you go up, you get to higher income-paying jobs or possibly two-wage-earner families where you might have two people involved in the hospitality interest or two homeowner -- two folks involved in -- as health aides or others or a combination of such that would bring you into the moderate or gap levels. So what does it mean when we talk real prices? For the rent for a two-bedroom house at those same income levels are -- for example, again, sticking with the low-income level, $1,350 a month or less, or you could buy something that costs less than $125,000. What we found through the efforts of our citizen committees and the Community Housing Plan is that there is little vacancy and very few available units for rent or sale at those income levels. So one of the first initiatives the Board took was to tackle the ULI recommendation to use publicly owned land. You passed a resolution on February 27th that says that public properties now owned by the county or to be acquired by the county in the future be considered for November 13, 2018 Page 79 use as affordable housing or for the collocation of affordable housing and public facilities. This initiated a review of county-owned properties. There was a short list of 16 properties presented to the Board last year. Nine -- it was then whittled down to nine presented to you on June 27th of last year. At that meeting the Board directed us to continue research on six of those properties. The top two properties were presented to the board on December 12th, 2017, and at that meeting the Board directed staff to move forward with a request for information process to ascertain marketplace interest in the sites. They were the Bembridge PUD, and your recommendation was to designate it for affordable housing, and the Manatee site, which your recommendation was to include housing in the development plan. That request for information resulted in 10 responses with all providing varying level of detail and approaches. We presented those to you on March 13th, 2018, and at that time the Board directed staff to continue community outreach and then complete the housing plan implementation items prior to moving forward with any decisions on either of those sites, which we've done over the summer. We held at least eight community input meetings on these sites in the housing plan concentrating in the areas you see on the slide. And some of the main concerns that rose to the top in those community meetings and focus groups were a perceived concentration of housing that is affordable in the East Naples area. There were comments saying not to build it here; to build it where the jobs are. There was comments centered around that the market may already be fixing this problem with reference to thousands of new apartments soon to come online. There was a strong desire that there be additional studies to study density and traffic, schools, and the environment. And, lastly, there November 13, 2018 Page 80 was a very strong public sentiment to keep park uses on the Manatee site. I'll address some of these concerns as we go. First, I'll address the concern about concentration of housing in East Naples. Again, remembering that our definition of affordable housing tracks both those that are restricted and the market rate housing of homes that may fall in the affordability categories. First, on the restricted side, again, we have 6,798 restricted affordable housing units in Collier County. They are located throughout the county from north to south and east to west. There is a percentage of them -- a healthy percentage of them in most Board of County Commissioner areas. You can see the dispersion on the map and in the percentages. We then go a step further to try to quantify the concentration or saturation levels of other housing that falls in the reasonably priced housing category of less than $250,000. Again, on the right-hand of the screen you can see that as a function of concentration of homes that are affordable in each County Commission district, you can see it ranges from 67.6 in Commission 5 to 37.7 in Commission District 2. We went a step further to say, all right, those are the units that are on the books, but not all of those are available; only a small fraction of those may be available at any one time. And so we did two samples. We looked at the real estate site Zillow looking for all units for sale less than $250,000. We included single-family, multifamily, condo, townhouse, and manufactured homes. We looked at two samples areas of the county, one centering on the corner of Collier Boulevard and U.S. 41 and one centering on the intersection of Immokalee Road and I-75. And on that date, there were 142 homes listed for sale at the South Naples site and 138 homes listed for sale for the same price in November 13, 2018 Page 81 the North Naples site. We then -- rather than rely on a real estate appraisal website, we went straight to our friends and partners at NABOR and pulled real Collier County listings, again, for the same day, the same areas of the same size. We found again, at the U.S. 41 and Collier Boulevard, there was 63 homes, multifamily, condo, townhouse, and manufactured for sale, and in North Naples at Immokalee Road and I-75, there were actually 97 homes for sale less than that price limit. The next concern we looked at was jobs. We looked at a 6-by-6 square mile area, again, centering on the corner of I-75 and Immokalee Road and also the U.S. 41 south corridor. Both these areas are roughly the same size. In the Southern Naples area, there are 17,233 jobs, and in the North Naples site there are 16,266 jobs. One important differential between the two sites is that you can see at the bottom that the salaries and wages of the sites in the Southern Naples area are completely flip-flopped than those in the North Naples area; meaning the wages paid in the South Naples area are lower than those paid in North Naples. COMMISSIONER FIALA: May I ask a question on that? It's wonderful that that says 17,000 jobs, but where are they? I mean, we don't have any hotels, we have very few restaurants, and we don't have any office buildings. So where are those 17,000 jobs? MR. GIBLIN: Well, it's a heat map, and so you can actually see on the map the concentration of where those jobs are. There's a big blue dot that I believe is right where we're standing at the government complex and the sheriff and jail facility. That seems to be the biggest blue dot of concentration of where jobs are -- COMMISSIONER FIALA: Okay. The government center. MR. GIBLIN: -- in the southern area. November 13, 2018 Page 82 COMMISSIONER FIALA: And the Sheriff's Office. Of course, they spread out all over the county, but I understand that. Okay. Because I knew that they weren't on the streets, you know. Okay, thank you. MR. GIBLIN: And then the other comment we heard was that the market may already be addressing this issue. There's been reference made to approximately 4,000 apartment units coming online in the next few years. Here's a list of them. And to date we have real-world examples from two-and-a-third of them. The rents that are being charged, for example, at Inspira Lely or Milano Lakes, which are the two on this list that have already been built and are leasing, are for a two-bedroom at Ispira is $1,527 a month, and a two-bedroom at Milano Lakes is 1,420. Commissioners, if you remember back to a few slides ago when I showed you what the affordable rent is for someone at the low-income level, those teachers, firemen, construction worker jobs, $54,000 a year and less, it was 1,350 a month. So they are coming online. They're not hitting the target that the county has shown the greatest needs for. The third one is Pine Ridge Commons, which you approved their Growth Management Plan and PUD amendment a few months ago, and they're not leasing yet. They don't have advertised pricing yet, but on the record during that hearing, their representative represented that, in his opinion, a one-bedroom at Pine Ridge Commons would go for $1,350. Another market comparison that you may all be able to compare to is Orchid Run Apartments at the corner of Golden Gate Parkway and Livingston Road. At the bottom are some of their prices. A 1/1 goes for $2,190. COMMISSIONER TAYLOR: One bedroom/one bath, $2,190 a month? November 13, 2018 Page 83 MR. GIBLIN: That's from their website, yes, ma'am. CHAIRMAN SOLIS: Orchid Run. MR. GIBLIN: So although there are units coming online, they are not quite hitting the targets that -- where we have needs. So, again, looking through the list of the top community concerns, the dispersion, the jobs concentration, and then the market issues, we have looked at. Next, we'll talk about density, traffic, schools, and the environment. And to do this, we heeded the community's advice of the need for studies, and we commissioned an affordable housing feasibility report by Davidson Engineering, and they finished that in September. For reference, two sites that are -- they were commissioned to look at were the Bembridge PUD, which is up off of Santa Barbara near Radio Road, and the Manatee site which is down off of U.S. 41 off Manatee Road. A little background information: The county purchased the Bembridge site on January 29th, 2002, for $406,000 and change. It has a current appraised value of $774,000. The Manatee site was acquired in May 25th, 1973; it was donated to the county. It has a current appraised value of about $3 million for 60 acres. And, Commissioners, I'll run through these one at a time now. I'll talk specifically about the Bembridge site first, and then we can move on to the Manatee site. Again, the Bembridge site is 5.11 acres. It's adjacent to an EMS station and in front of Calusa Park Elementary School. Using the maximum density bonuses allowed under the county's Growth Management Plan, a total of 81 units could be put on the site. New Hope Ministry nearby is already developing at 16 units to the acre, 304 apartment units, on 19 acres that they own. November 13, 2018 Page 84 COMMISSIONER McDANIEL: And on the previous slide, which one was that as far as the market rents? MR. GIBLIN: I don't know. I don't think they're advertised yet. COMMISSIONER McDANIEL: Ah, okay. MR. GIBLIN: So the feasibility analysis looked at those four things: Density, schools, traffic, and the environment. And I'm going to be just -- in the interest of time, I'll be giving you a high-level summary of what those issues turned up. For each site we asked the consultant to provide three density scenarios: A low, medium, and high density, and then when -- they look at the issues of schools, traffic, and environment under each of those scenarios. First starting with schools, they found no issues with the schools in the Bembridge area at the elementary site. There was no issues with the middle school. And in 2023 there's going to be a new high school developed in that Golden Gate area. And once that comes online, there will be no issues with the high school either. All three of those schools, Calusa Park Elementary, East Naples Middle School, and Golden Gate High School, are graded B schools by the Florida Department of Education. Looking further at traffic. The transportation report concluded that the proposed Bembridge product scenarios do not have a significant impact or adverse impact on the surrounding roadway network. And in terms of environmental, there were no listed species observed on the site. There's a small wetland that has regrown back. It's of very low quality, and the professionals don't think it's going to be an issue for any type of development moving forward on that site. We asked them to provide some conceptual plans, high-level bubble plan. You can see that there's a residential area, again, between the low to high range of densities from between 29 to 78 units with November 13, 2018 Page 85 adequate room for drainage, preserve, and other county needs. The feasibility analysis was discussed by a joint Parks and Recreational Advisory Board and Affordable Housing Committee subcommittee on September 27th. And they were given the following premise that if an invitation to negotiate is developed to collocate housing and other county units on the Bembridge and/or Manatee sites, possible criteria of that invitation to negotiate should include the following. And on the screen you have some of what their recommendations were. There were general conditions that would apply to both parcels, and this is typically background information on the developer, how many units they plan to build, what their experience is, how they proposed to take down the land, those sorts of things. And then specifically on the Bembridge site, their recommendation was to move to a moderate to high density for 54 to 78 units. They wanted to see significant set-asides for seniors, veterans, and special-needs population, and by "significant" they meant anywhere between 10 and 25 percent of the total. They acknowledged that it would probably most likely be a multifamily rental development but would like to leave flexibility to the marketplace; offer a mix of income targets concentrating with those that are in greatest need according to the housing plan, and they would like all units to be restricted to incomes between zero -- from zero up to 140 percent of median. But for the most part, their recommendation was to leave most of the criteria to the housing advocates and/or professionals who would be bidding on or submitting a proposal. We then brought those recommendations to each of -- the Parks and Rec Advisory Board and the Affordable Housing Advisory Committee at their independent, separate meetings. And we asked -- there were six members of each board present at each of those November 13, 2018 Page 86 meetings. And we asked them to gauge their support on this decision-making continuum which would range from you're totally opposed and the property should not be used for any housing at all to fully supportive and in favor of using the site for affordable housing. And on the Bembridge site, both advisory boards came down on the fully supportive side. Commissioners, I'm joined here by two representatives from the school district, and I'd like to introduce Ms. Valerie Wenrich and Mr. Tom Eastman. They'd like to give you a little bit more insight on some of the school aspects of the analysis. I think that their comments are going to apply to both sites, but now I think might be an appropriate time for Valerie. MS. WENRICH: Thank you, and good morning. My name is Valerie Wenrich. I'm the executive director of human resources for Collier County Public Schools. As one of the largest employers in Collier County and an A-rated school district, we are vested in the interest to support the recruitment of our most talented employees. One of the factors considered by all prospective employees is the cost of housing in our area. Prospective employees must be confident in their ability to find affordable housing that will meet their needs and the needs of their families. Collier County has the second highest median home prices in the state of Florida, so that definitely poses a challenge when prospective employees are considering taking a position with the school district. The lack of affordable housing has an impact on our school district in a few ways: About 16 to 20 percent of our employees commute to Collier County from the surrounding counties depending on the time of the year. Subsequently, these employees spend less money in our county, ultimately influencing the economics of this county. November 13, 2018 Page 87 We also see a financial and emotional burden on our employees who commute to our schools and making it difficult to retain those employees within the county. Recruitment for future employees has been more difficult -- who commute -- because they struggle to find the housing in areas that are commensurate to the areas for which they wish to live and work. The district has been diligent in taking steps to overcome this challenge by maintaining an extremely competitive starting salary of $41,280, which is the second highest starting salary in the state, only behind Sarasota, which has local sales taxes towards their salaries, and Monroe which just has a higher cost of living. We provide free health insurance coverage for our employees, we offer tuition reimbursements for our employees, and we provide supplemental earning opportunities through leadership positions and coaching, providing excellent learning environments in a well-maintained facility enhanced with some of the best technology in the area. In addition, we advertise the following benefits of living in Collier County: It's one of the most beautiful and the most healthy places in the country. We have free access to incredible beaches, the ability to engage in outdoor activities each year and year-round, and it's one of the safest and statistically low-crime areas in the state thanks to our CCSO partners. Local zoos, parks, assortment of restaurants, farmers markets, and access to the arts. Why wouldn't someone want to live in Collier County? Despite all the benefits of living in Collier County and working for the school district, the availability of affordable housing for our workforce is still a grave concern. And as we continue to see those costs of housing rise in our area, we're committed to do our part in making Collier County a great place to live and work. And to assist in this effort, we developed a landing page for our district website with November 13, 2018 Page 88 resources and information about our school district that someone considering taking a job or moving to the area can utilize as a tool. We share this information with our local businesses to be used with their human resources staff as a tool to help promote the benefits of working and sending their children to school in an A district in Collier County. This is just one example of how we are trying to assist in continuing the growth of our local community. As many large organizations take steps to work collectively to address concerns about affordable housing in Collier County, the school district remains supportive of any and all efforts taken by you, the county, to address the issues in Collier. Thank you very much. COMMISSIONER FIALA: Could I just say something? MS. WENRICH: Yes, ma'am. COMMISSIONER FIALA: I'll make it quick. I called Kam Patton and let her know of all the housing that is coming on board here, and it's all right in the right price range, because two teachers would be $82,000 a year. That falls well into that range, and she was thrilled to death. And then I called a couple principals, too, to let them know. I know they're not A schools, but they're great schools, and they work real hard with the kids. So, anyway, I just wanted you to know that there's lots of them coming on board, and they're nice. MS. WENRICH: Thank you. COMMISSIONER McDANIEL: Could I ask a question? Or you don't want to hear it right now? It's up to you. CHAIRMAN SOLIS: Can we get through the presentations? COMMISSIONER McDANIEL: Sure. CHAIRMAN SOLIS: Is that all right? Because it's -- we're getting to 12. November 13, 2018 Page 89 COMMISSIONER FIALA: And lunchtime is -- CHAIRMAN SOLIS: Unless you have a question -- COMMISSIONER McDANIEL: It was specifically -- CHAIRMAN SOLIS: -- to the school district. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: Oh, okay. I'm sorry. COMMISSIONER McDANIEL: To Tom or Valerie, either one. I mean, Ms. Valerie, the suggestions that you're talking about with regard to the school district being wholly supportive of the county's efforts in providing for housing affordability are nice. And I know that there is incentive pay that is being offered up for certain locales. I know over in Immokalee that there is premiums paid in a salary base to assist with the travel associated with the teachers and such. But the school district owns a lot of its own land, and what efforts -- oh, here comes Tom. How you doing, sir? MS. WENRICH: I'm the human person. He's the land. COMMISSIONER McDANIEL: He's the real estate guy. All right. And so that was one of my -- one of my suggestions. I mean, we're all talking about this housing affordability issue. There is a tremendous amount of units that are, in fact, coming online. Some of which have pricing; some don't. And we're all talking about the necessity of hiring government employees, schoolteachers, firemen, first responders, and the like. But the onus seems to fall over here solely on Collier County in order to provide for those things. And I'm just wondering what the school district has, if anything, to provide for housing for startup teachers and the like, if you do. MR. EASTMAN: With respect to land, many of our sites are slated for future schools. And I think Valerie went over some of the things that we're doing in terms of pay and trying to recruit people. Ultimately, the school board would have to make any decisions about offering land for affordable housing. November 13, 2018 Page 90 COMMISSIONER McDANIEL: Okay. Thank you. COMMISSIONER FIALA: Did you think of, like, building it on some of this property that is a school that's living there right now? COMMISSIONER McDANIEL: Yeah. But we have housing for sheriff's officers that are on site now. And, again, I'm -- this is just me -- this is just me thinking along those lines. I just -- a small housing complex on a school site to support first-time teachers and the like, new hires. That would be something I think would be an actual benefit. Having the website, offering incentive pay, telling people how beautiful Collier County is, that's all nice, but that -- that doesn't necessarily hire them, and do something to actually come and live here when there are other places that they can, in fact, go and commute. MR. EASTMAN: Good morning, Commissioners. My name is Tom Eastman, and I'm here to speak on behalf of the school district in support of the county's potential housing affordability projects. The school district staff has performed a courtesy capacity analysis for both of these projects, and it generally indicates that the school district has adequate space to accommodate the projects. In the past, the school district has worked with Collier County Sheriff's Office, local fire departments, hospitals, and the City of Naples to support and facilitate the development of housing affordability projects for essential service personnel. The school district, along with those others entities, remains supportive of housing affordability initiatives that benefit our community's teachers, nurses, public employees, including first responders such as paramedics, police officers, and firefighters. Therefore, the school district respectfully requests that the Board of County Commissioners vote to continue moving forward with these housing affordability projects. MR. GIBLIN: Thanks, Tom. November 13, 2018 Page 91 And, again, both of these sites, both the Bembridge and Manatee site are immediately adjacent to existing schools, so we're glad that they've analyzed them for us, taken it to that level. And Commissioner -- Mr. Chair, this would be -- it's the Board's pleasure if you wanted to talk about these or make a motion one by one, or would you like me to go through the same analysis of Manatee site? UNIDENTIFIED SPEAKER: Yes. CHAIRMAN SOLIS: What's the pleasure of the Board? Do you have site-specific questions? Does anyone have questions regarding the Bembridge property? COMMISSIONER FIALA: No. It seems like everybody that we saw or read in here was in favor of it. COMMISSIONER McDANIEL: The Bembridge site. COMMISSIONER FIALA: The Bembridge site, yeah. CHAIRMAN SOLIS: Let's just keep going. Let's just keep going. We're going to run out of time here before lunch. MR. GIBLIN: No problem. We'll talk about the Manatee site. Now, it's 60 acres. CHAIRMAN SOLIS: I'm sorry. Wait a minute. Did you have -- COMMISSIONER SAUNDERS: This would apply to both sites. You've got a range of 0 percent to 140 percent, and I'm not sure what kind of message that sends to the public. But we're not looking for housing for people with incomes of 0 percent of the median. COMMISSIONER McDANIEL: Correct. COMMISSIONER SAUNDERS: So why do we have that range, and what is the real range? MR. GIBLIN: It would be better said below 30 to below 140. COMMISSIONER SAUNDERS: Zero is below 30, so that still doesn't help clarify what we're looking -- CHAIRMAN SOLIS: It's just saying that the whole range of November 13, 2018 Page 92 what we consider, what we're looking at... COMMISSIONER SAUNDERS: Anybody that needs a house? MR. GIBLIN: Those were -- you're right, Commissioner. Those were the recommendations of the advisory boards was, for example, if someone at 30 percent of median income can afford to rent at $519. Many of your special-needs individuals, seniors, fall in that kind of category. So I don't think we're talking about zero, but they did want to look at some of those most in need. CHAIRMAN SOLIS: Yeah. Let's keep going through the presentation, because there's a lot of people, I think, that are here that want to speak. So if we could just keep going, that would be better. MR. GIBLIN: No problem. The Manatee site is 60 acres. It was conceptually designed as a park about 10 years ago. There is no date or funding planned for the park development for at least the next decade or so. You could develop up to 15 units to the acre on there, putting 900 units. Manatee and -- Manatee Middle and Manatee Elementary are immediately adjacent, and there is a potential for carving out a section for housing and other uses. Again, our consultant performed the same analysis on the Manatee site as they did on Bembridge. We looked at density, schools, traffic, and environmental concerns. Their conclusion was that there are no significant issues preventing development of the Manatee site. One -- straight up front, our instructions to the consultant when performing their analysis was we want to retain the majority of the park uses on that site. We tasked them with only looking at half the site, 30 of the 60 acres. So all of the numbers you see and all the analysis done only looks at a maximum of using half of the site or 30 acres. That would equate to a density between 88 on the low side, up to 440 on the high side. As far as the schools, there were no issues with the middle or high November 13, 2018 Page 93 schools. The elementary school already exceeds the school district's level of service. It's at 97 percent capacity right now, and they have an adopted level of service of 95. The schools that would be serviced by this site would be the Manatee Elementary, Manatee Middle, and Lely High School. All three of those schools are graded B school by the Florida Department of Education. Any time that the school district exceeds capacity at any particular school, their first option is to restrict the students that feed into that school, to adjust their map so that they don't have any schools that have empty seats and they have schools that have not enough seats. So if capacity were to ever reach over 100 percent, they would evaluate their availability. And one other thing to mention is that portable classrooms are not considered when evaluating level of service for the school district at their schools. They only count permanent classrooms. COMMISSIONER FIALA: I don't understand what that really means. You can't count the -- if you have a bunch of portables, you don't count them? CHAIRMAN SOLIS: They don't count those for determining the level of service. Excuse me. Ladies and gentlemen, we're trying to have a civil discussion. And everyone's going to have their chance, if you want to speak, to speak, but I'm going to ask everybody to be respectful so that we can continue and get through this presentation. MR. EASTMAN: The Chairman's 100 percent correct. We do these reviews of the concurrency for school. It's basically what demand will the development create for school seats. And we do not consider portables in that analysis. MR. OCHS: And what was the conclusion for Manatee? MR. EASTMAN: For Manatee, there's no problem at the middle and high school level. There's no problem at the elementary level for November 13, 2018 Page 94 the low density development; for the middle density development, there's no problem; and there's a slight overcapacity problem at the highest capacity development at the Manatee site. MR. OCHS: Thank you. MR. GIBLIN: In addition to schools, just like the other sites, we looked at traffic. Again, the high-level summary of the traffic was that the estimated traffic will not trigger a level-of-service deficiency at Manatee Road and the Roost Road intersection. There are some site improvements that are recommended to be done to accommodate this site, like turning lanes, intersection improvements. There is a small section of Collier Boulevard out in front of the Walmart that is scheduled to fail with or without any development of this site in the coming years. And as more developments come online, they'll presumably be partners in a development -- Developer Contribution Agreement to address those concerns. The level of traffic analysis that went into the analysis of this site is at or exceeds the level of traffic analysis that has gone into previous rezones that have been approved by the county in this same area. And then, lastly, environmental issues on the Manatee site. Again, the site was looked at. There were no -- no listed species were observed, but there are observations in other areas. The classify -- the property is classified as an approved development area per the Deltona Settlement Agreement. That should negate any mitigation requirements. But, again, our consultant was tasked with showstoppers, and there were really no showstoppers in terms of environmental results here either. This is the conceptual site plan that was produced by the parks department in 2008. It shows a passive park. Approximately all of the uses are concentrated on the western half of the park. The eastern half is largely undeveloped for passive recreation. There's a community center at the lower. November 13, 2018 Page 95 Again, the conceptual design on this site ranged from 88 to 440 units retaining the majority of the park uses. You can see that they fit right there on half the site, and adequately addressing preservation and water-retention requirements. Commissioners, I caution you to look at this slide as just pieces of -- puzzle pieces. This is a conceptual plan. They can be slid front, down, up, back. It doesn't necessarily mean that's exactly where the preserve needs to be. It could go on the right side, the left side, the top side. Again, with -- the residential area could be interwoven amongst some of the park uses, but this is simply just a spatial recognition of how things do fit on the site with retention of half of the site for park uses. CHAIRMAN SOLIS: Quick question. Can you go back to that picture. Just out of curiosity, what's going on -- where it says residential development area -- MR. GIBLIN: Yes. CHAIRMAN SOLIS: -- what is -- that almost looks like a rock pit or something. MR. GIBLIN: It's currently -- during Hurricane Irma or after Hurricane Irma, it was a debris mulching center. CHAIRMAN SOLIS: Oh, right. I'm sorry. Right. COMMISSIONER TAYLOR: And the lake -- just a quick question about the lake in the -- I don't know if that's -- is that north? MR. GIBLIN: Yes. COMMISSIONER TAYLOR: Yeah, yeah. So that lake is existing today? Because I didn't see that lake. Okay, it is. MR. GIBLIN: There is a lake. There are some enhancements to it done in the park plan to give it some contour on our side, but it does -- COMMISSIONER TAYLOR: Okay. And when you talk about improvements to Roost Road and Manatee Road, one of them would November 13, 2018 Page 96 be to widen those shoulders to widen the road a little bit, I would think, right? MR. GIBLIN: We have our traffic engineer here, but, from what I understood, it was minor improvements. COMMISSIONER TAYLOR: Yeah. MR. GIBLIN: Striping, yeah. COMMISSIONER TAYLOR: Okay. MR. GIBLIN: Again, the joint committee looked at this site. Again, they agreed on the same general criteria for both parcels as being good ideas. The joint committee, they made a recommendation to reserve at least 40 acres for the park, as is typical size of a community park, and use the remaining 20 acres for housing. Again, they recommended strong set-asides for seniors, veterans, and special-needs populations. They wanted to allow design flexibility with consideration for the neighbors regarding setbacks, orientation, building heights. They said the housing, again, may be integrated within the park as part of the design. They said that perhaps a mix of rental and ownership, and they wanted to include long-term rental restrictions should any of them be rentals. One other interesting recommendation of theirs was that it should include a Developer Contribution Agreement to provide resources to jump-start the construction of the park or a senior center or community center on the site. We then, again, brought those recommendations to both full committees. Again, six voting members were present at each of those meetings, and you can see from the -- with the PARAB, we had three who were totally opposed, two generally opposed but willing to consider discussion, and one fell in the generally supportive but still have concerns line. From the Affordable Housing Advisory Committee, we had two totally opposed, one generally opposed, two generally supportive, and November 13, 2018 Page 97 one fully supportive. So we had mixed results from both the advisory committees. And, Commissioners, that brings us to the second of our recommendations, and the staff recommendation, again, on Manatee would be to move forward with an invitation-to-negotiate process, including the general and specific criteria by the joint committee: Accept any specific predetermined acreage split -- I think that it may be best to let the market tell us how they think things should be split out -- and to explore options to collocate housing that's affordable on the site while still maintaining the park uses as previously proposed. And, Commissioners, that is the end of my presentation, if you have any questions. CHAIRMAN SOLIS: I know that we have a number of speakers. Does anybody have any other questions for staff? Commissioner. COMMISSIONER FIALA: Just one, if I may. Yes. You were saying collocate housing on the park site. So, in other words, it wouldn't really be a park. It would be more housing, right? MR. GIBLIN: I think that the invitation to negotiate would allow the market to have flexibility; that it very well could be 30 acres and a fence and a wall and 30 acres, or I think that there are some particularly interesting design concepts that could be explored that could weave housing in and around other park uses. COMMISSIONER FIALA: So it wouldn't be a park anymore. Okay. The second thing is. CHAIRMAN SOLIS: That's not what he said, but okay. COMMISSIONER McDANIEL: That is what he said. COMMISSIONER FIALA: That is what he said, isn't it? The second thing is you didn't mention what new projects are coming on board. Like, for instance, Argo Manatee is in that area, right, 191 units? And then -- and what we have in that area, five mobile home parks, and we also have the condos over there, right? November 13, 2018 Page 98 But what are the other ones that are coming on board? There was a couple other ones. Did you -- MR. GIBLIN: Commissioner, I'm not familiar with the names of all the proposed developments there, but I can tell you that our traffic engineer did look at all the background traffic and all the recent approvals, and those are included in the analysis. COMMISSIONER FIALA: Okay. And there's another piece of property that I don't think has reached your desk yet, but a group from Chicago came in. They want to build another 800 rental units on board which is on 40 acres. And, you know, we talked about the roads. There's only limited things you can do with them. And just for anybody who hasn't been down there, everything's a two-lane road. And with all of the things that I just mentioned on there and the ones that are coming on board and this, and then the 800 units, and that's just questionable yet -- I don't know if they're going to come on board -- I don't know how those people are going to get in and out of their community. And then I don't know how the schools -- I know that they're overcapacity right now; I understand that. How can they take any more kids, or do they have to bus them? I just don't know that, but I think those are things that we ought to discuss as we move into this subject. CHAIRMAN SOLIS: Any other questions for staff? (No response.) CHAIRMAN SOLIS: Okay. I know we have many speakers. MR. MILLER: Mr. Chairman, we have 51 registered speakers for this item. I'm going to ask the speakers to use both podiums. Please be ready when your turn comes. Your first speaker is Jim Gaffney, and he will be followed by Elliot Miller. CHAIRMAN SOLIS: And when you're coming up, please keep in mind that if a speaker before you has said exactly what you're going November 13, 2018 Page 99 to say, to please -- we've heard it -- COMMISSIONER TAYLOR: Say "agree." CHAIRMAN SOLIS: -- and just say that you've agreed with what has been said because, otherwise, we could be here till tomorrow. MR. MILLER: Is Jim Gaffney present? (No response.) CHAIRMAN SOLIS: Okay. Let me move on to Elliot Miller. Mr. Miller has been ceded time from 26 speakers for a total of 81 minutes. Please bear with me issuing. Please. Please, I need to verify all 26 people are here. Ron Albeit? (Raises hand.) MR. MILLER: I've got your name twice, sir, so we can't do that. Rodney Greene. MR. GREENE: Yo. MR. MILLER: Thank you. Sharon (sic) Benedetti? MS. BENEDETTI: Here. MR. MILLER: Richard Lipsig? MR. LIPSIG: Here. MR. MILLER: Gayle Lipsig? MS. LIPSIG: Here. MR. MITCHELL: Don Brainard? MR. BRAINARD: Here. MR. MILLER: Anthony Cardillo. Anthony P. Cardillo? (No response.) CHAIRMAN SOLIS: Craig Chamberlin? MR. CHAMBERLIN: Here. MR. MILLER: Carl Chamberlin -- excuse me. Carol Chamberlin? MS. CHAMBERLIN: Here. November 13, 2018 Page 100 MR. MILLER: Mike Mickes? MR. MICKES: Here. MR. MILLER: Carol Mickes? MS. MICKES: Here. MR. MILLER: Can't read the first name. Last name McAllister. MR. McALLISTER: Present. MR. MILLER: Thank you. David McAllister? MS. McALLISTER: The other McAllister. MR. MILLER: There you go. Thank you. Joan Gorman? MS. GORMAN: Here. MR. MILLER: Gerald Gorman -- Gerard Gorman, excuse me. MR. GORMAN: Here. MR. MILLER: Joseph Vaccaro. MR. VACCARO: Here. MR. MITCHELL: Ben LoCicaro. MR. LoCICARO: Here. CHAIRMAN SOLIS: Can I just interject? Is that enough? MR. ELLIOT MILLER: It's enough. CHAIRMAN SOLIS: Okay. MR. MILLER: We'll stop there, sir. Thank you. CHAIRMAN SOLIS: How about that? MR. ELLIOT MILLER: I want to assure you, Mr. Solis, that I am not here to filibuster. CHAIRMAN SOLIS: Okay. That's good. MR. ELLIOT MILLER: But the number of people who ceded their time to me -- and there are many more and many more whom I declined -- is an indication of the strong, very passionate feeling of the community in maintaining Manatee Park intact. And, believe me, what you've seen is just the tip of the iceberg. November 13, 2018 Page 101 I am the chairman of the Board of Supervisors of Fiddler's Creek Community Development District No. 2. We abut Manatee Park at Campanile Circle. And you saw the schematic drawing presented by Mr. Giblin that showed the houses that he's contemplating right across the street from us. So we have an interest in this. But I want to emphasize something. I'm not here today only to talk on behalf of the residents of CDD2 or Fiddler's Creek. I'm also speaking on behalf of the residents of Manatee Road and Roost Road, number one; number two, I'm speaking on behalf of the all of the residents of this district; and, number three, I'm speaking on behalf of all of the residents of Collier County because the staff's plan to give away parkland and waive impact fees in order to incentivize developers is subject to new and better alternatives that I will discuss. First, let me talk about the forgotten men and women here, and that's the residents of Manatee Road and Roost Road. All of the talk from staff is about the future. And we are treating the people who live on Manatee Road and Roost Road as forgotten men and women. They are the quintessential residents of affordable housing. They live in very modestly priced or low priced manufactured homes and trailers. They send their children to Manatee Elementary School. And I want to -- I want to deal with this issue of the schools for a minute. Manatee Elementary School is so overcrowded -- I don't care what the statistics say -- that there are four trailers, not school rooms. Kids are being educated in trailers. Now, if that's not overcrowding, I somehow missed the bureaucratic impact. But to me -- if classrooms aren't adequate and you have to have trailers, to me that sounds like overcrowding. And these people who live on Manatee Road and Roost Road do not want more school overcrowding. They don't want 440 times three or two more kids in their trailers because they won't be in the November 13, 2018 Page 102 classrooms. They don't want their middle school more crowded. They don't want their high school more crowded. These kids play in the neighborhood streets and, as Commissioner Fiala noted, these are two-lane streets. They don't want their -- the traffic on these streets inundated with hundreds of more cars every day, and it would be hundreds of more cars. And they don't really care if there's new striping. They don't want the kids playing in an area where hundreds more cars are going to be inundating these roads with or without new striping. These residents have been ignored during this entire process. Now, you heard some of the background from the staff. I want to give you another perspective of the background. The staff has viewed as stakeholders, not the people who live on Manatee Road and Roost Road, rather, they have viewed as the stakeholders and -- in the form of the stakeholder committee, which started this whole thing and generated all these approvals that they have talked about. Their stakeholders are developers. This is on the stakeholders committee -- developers of affordable housing, people who lease and rent and sell affordable housing, executives from the Habitat for Humanity. In other words, everybody on that stakeholders committee would profit economically from this transaction. The people who live on Manatee Road and Roost Road are not stakeholders in the minds of staff because they're not making any money on this. They just live there. Now, the staff has all these consultants that they've hired and that you've heard these reports about, and they state that nothing bad is going to happen, but the overcrowded schools get more overcrowded, if hundreds more cars inundate Manatee Road and Roost Road even with new striping. And I must say, I'm not surprised at that report. I cannot imagine that staff would ever engage consultants, get their report, and present it to the Board if that report would say that staff's November 13, 2018 Page 103 plan is a bad idea. So any report you hear from consultants is going to say it's a great idea. And, as Commissioner Fiala noted, these consultants did not take into account the fact that there are going to be hundreds more housing units in the area. You mentioned the Argo development on Manatee that's on Manatee Road and Route 41, and I think you said it was 197 units. Originally it was zoned for 225. But still, it's another 200, and it's another 400 cars, and it's I don't know how many more kids in the school. They also did not take into account the fact that a short drive east on Route 41, maybe five minutes or seven minutes, the Habitat for Humanity has a huge tract of land, about a thousand acres, accessible at Greenway, which is gradually being zoned for housing. This is -- we are conscious of this because this is opposite the Sandpiper exit and entrances to Fiddler's Creek. That's about a thousand acres. That's not been taken into account anywhere. They didn't take into account, these consultants, the substantial amount of time and effort that would be needed to remediate the environmental issues in the park, and they claim there's none. I've seen a report saying that there is significant remediation necessary. I believe, Commissioner Fiala, that Mr. Schmitt has sent a copy of that report, and you may have that. I've seen it. It does indicate serious need for environmental remediation. And nobody, not the staff, not the consultants, nobody is considering the fact that these folks on Manatee Road and Roost Road live happily next to a passive park which the county told them 10 years ago was going to stay a park. The county -- you saw the schematic from 10 years ago. The people who live there were promised that park. Now, the planning conversion of Manatee Park from passive to active was deferred because the money that was used -- would have November 13, 2018 Page 104 been used for creating that nice park was used for Eagle Lake Park. That's not the fault of the people who live there. They didn't vote to have the development of their park transferred to Eagle Lake Park. And now they're told that it's going to be another 10 years before money can be raised to develop the park, so why not make it housing. If you lived on Manatee Road and Roost Road and you thought you had a park promised to you by the county and they said, well, we couldn't afford it 10 years ago, we're not going to afford it for 10 years, you might as well make it housing, that doesn't strike me as fair. In fact, at one of the spring meetings of the Parks and Rec Advisory board, a consultant engaged -- Fuller Consultants engaged by the staff -- and the park staff talked about the significant and substantial need for more parks in Collier County, and they did so based on the assumption that Manatee Park was going to remain a park. So not all consultants are in favor of this. There is another alternative for the park, one that can provide the residents of Manatee Road and Roost Road with a lovely environment at low or no cost. It's not going to take 10 years. The park can become a garden with blooming plants and trails and benches but no cement, no lights, no basketball courts. Since funding will be modest, private donations can be sought to create the garden, and maintenance can be by volunteers. I had a home in England for 10 years, and I can assure this board that many, many communities in the UK with far less financial wherewithal than Collier County do exactly that. Now, that was dealing with the issue of the people who live in Manatee Road and Roost Road. Let me talk about the district generally, District 1. The residents of East Naples, in District 1, particularly, feel strongly that they have borne a largely disproportionate share of low-cost housing in Collier County and that the county fails the November 13, 2018 Page 105 fair-dispersion test. Now, you'd never know that from the staff's numbers, but you never -- they have a different set of reality than the people who live in District 1. There are many conflicting sets of statistics. I have seen one, and I think it was used when we were here in March, that said that District 1 has 52 percent of the county's low-cost housing. Other statistics, those used by the staff, show a greater dispersion and a lower allocation to East Naples. But many people contest the staff's numbers on dispersion and feel that they are inaccurate. Just like their consultants failed to consult a lot of things, they feel that the staff's numbers on dispersion failed to deal with a lot of factors. For example, they don't take into account existing affordable housing projects that were designated as such but are now more than 15 years old and are no longer officially affordable housing, but the houses haven't evaporated. They're still there. They don't take into account existing low-priced houses, which you saw from their numbers there are a lot of them around, which are not part of any official designation. In fact, the people who live on Manatee Road and Roost Road are, as I said before, the quintessential residents of affordable housing. Now, there are issues -- you heard from the school board folks, and you will hear, I'm sure, from other speakers who are in favor of this. There are issues about people having to commute long distances or not locating in Collier County. Well, there are several answers to that. One is there are jobs in North Naples. And if you work at Arthrex in North Naples, it's probably quicker to commute from Lee County than from East Naples. So maybe we ought to have Arthrex move some operations down here. The teachers in North Naples would also be better off commuting from Lee County than from Manatee area if they're in a school in North Naples. So that's a specious argument. November 13, 2018 Page 106 I want to now point out that there are two ways to create affordable housing in Collier County without giving up valuable parkland and without waiving impact fees and without pitting districts against each other. One, the staff has declined in the past -- I raised this point in March. And the staff has declined to seek grants, that's free money, from the U.S. Treasury, from particularly HUD's Office of Community Planning and Development. They have within it something called the Office of Affordable Housing Programs which issue grants to governmental agencies like Collier County for the purposes of buying, among other things, existing housing. That can be used. You don't have to -- you don't have to, number one, destroy a park; number two, go back on your promise to a community of modest people; number three, give away parkland and impact fees when you can get free money from the U.S. Government. It's not free; we pay taxes for it. But let me put it this way: To elected officials other than the five of you, money from the government is called free money. But there's even a more significant opportunity that I would like to call to your attention. It's never been mentioned before, to my understanding, at any of these meetings, and it's a relatively new availability. In the tax law that was passed last December by Congress, there was something called opportunity zones. Opportunity zones were created to incentivize development in areas that are sorely in need of affordable housing. And the U.S. Internal Revenue Code now grants very, very significant tax incentives to motivate developers to invest in affordable housing. I can go into the details of it if you wish, but I'll just say -- give you one or two examples. If a developer takes money out of the its pocket and invests in affordable housing and holds it for 10 years and depreciates it and has a zero basis in it and sells it, his tax is nothing, November 13, 2018 Page 107 zero. Now, if that doesn't appeal to a developer, I can't imagine what would. You don't have to give away parkland or waive impact fees to incentivize a developer when Congress is doing it for you. Another -- they have another provision, a rollover is similar to a 1031, but you can roll over, sell an existing investment, and within 180 days, roll that money into affordable housing in an opportunity rezone, and you have tax deferral for 10 years, and then you have a discount of tax at -- 15 percent of the tax would be discounted. That's another incentive from these opportunity zones. Opportunity zones are created by the state to designate to the Internal Revenue Service, essentially, areas that the state feels is the most needy for affordable housing. Collier County has two opportunity zones. Manatee Park is in neither one. So I would also mention Wall Street has been fast off the mark on this; hundreds and hundreds of millions of dollars are now being created in funds, Opportunity Fund funds for developers to utilize, to invest in opportunity zones, and get the free tax benefits, and that's there for the taking. There's no need for Collier County to give away parkland. There's no need to sacrifice parks at all. There's no need to repudiate promises you made to people of Manatee Road and Roost Road 10 years ago. There is an opportunity to motivate developers under the new opportunity zones, and staff should reset its sights. Take aim at raising money from opportunity zones. Developers are clamoring to get into these -- use these funds now. Set their sights on -- either that and/or getting grants from HUD, but don't destroy parks. Don't call it collocation when you're destroying a park. And I would say one other thing: We've had this discussion now since March. We've had meetings at Parks and Rec Advisory Board; we've had some meetings here. If there are not enough votes on this November 13, 2018 Page 108 board to change the zoning, let's not spend any more time and effort and money on this project. Let's end it here and now. Let's keep Manatee Park a park, please. Thank you. (Applause.) MR. MILLER: Your next speaker -- ladies and gentlemen, please, in the interest of time. Your next speaker is Amanda Beights. She's been ceded three additional minutes from Tracy Duhaney. Are you present? MS. DUHANEY: Here. MR. MILLER: She will be followed by Patricia Young. Ms. Young, if you could wait at the other podium, please. Thank you. MS. BEIGHTS: Hi. For your record, my name is Amanda Beights. And I have to say that the gentleman does not speak on behalf of all Collier County residents. The topic of affordable housing is one that has been discussed for years, if not, now approaching decades in our community. I am proud to be here today with many other advocates of affordable housing in the audience. Feel free to raise your hand, which you can see in the audience here today. It's hard for us to be here right now. Speaking at County Commission meetings isn't exactly easy to do for the thousands of young professionals that care about this topic. In fact, I just lost two of them right now because they have to go back to work. But please don't let our absence at these meetings fool you into thinking that we don't care or that this isn't an issue worth fighting for. At the end of the day, I know that the items up for your approval aren't the only solution for affordable housing, but it's a step. I know it's not just up to our county to fix this issue, but it's a step. And if we're not taking any steps, then what are we doing? Are we waiting for the free market to fix itself? I, thankfully, live in a home that I had the incredible fortune to November 13, 2018 Page 109 find in 2011 when the market tanked; otherwise, I would not be able to afford to live in this wonderful community, work here, volunteer here, and vote here. I believe that I'm a valuable member of this community, just like everyone in this room is, and I am the face of affordable housing; so are your nurses, so are your law enforcement deputies, your children's or your grandchildren's teachers, your insurance agents, and all of the workers that make your and my life comfortable. Why can't we be your neighbor? What about us do you not want in your neighborhood? Waiting for the next economic downturn does not exemplify leadership. Collier County is better than that. Collier County is an A-rated school district because of our great leadership. Collier County is the safest metropolitan county in the state of Florida because of our great leadership. That means our county superintendent and sheriff get ahead of problems and put in resources when they're needed and oftentimes before they're needed. This means that county leaders work to assure that all citizens in Collier County have access to the same quality of care. Collier Commissioners, now it's your turn. I know all of the -- I know that you know all of the statistics on why we need to start making these steps, so I'm not going to use my time re-sharing them with you. I know you know the need. I know you know how incredibly hard it is for employers, including Collier County Government, to continue struggling to recruit and retain our vital talent. I stated that waiting for the next economic downturn is not an appropriate solution for our community; however, some may argue that our crisis is actually right now. County Commissioners, it's time for all of us to stop pointing our fingers out saying it's somebody else's job to fix this, holding our hands November 13, 2018 Page 110 out and saying, not in my backyard, or throwing our hand up and saying, we will do nothing. It's time to point at ourselves and ask what can we do to make this happen. A friend of mine in education texted me on the night of the election when the election results came in, which actually may have surprised you, saying, quote, this shows a change in philosophy for our community reflective of a different community of voters. I think our presence here today shows you that as well, and I hope your decisions today will finally reflect that change. Thank you. (Applause.) MR. MILLER: Your next speaker is Patricia -- COMMISSIONER FIALA: How many of you live in East Naples? MR. MILLER: Your next speaker is Patricia Young. She'll be followed by Robert Rohrer. MS. YOUNG: Yes, I'm going to -- MR. ROHRER: Robert Rohrer yields his time. MS. YOUNG: I should be able to make this short because I very much overlap with what the very first speaker, Elliot, said already. And I'm -- I see it as two different issues here today. We're discussing a place to put affordable and we're discussing the use of parkland for uses other than parkland. And I'm here to defend parkland. Park -- we've counted cars, we've counted traffic lights, we've counted schools, we've looked at the environment, but what about the social infrastructure of our county? Parkland is the basis of our social infrastructure. It's where people congregate and gather, and it cannot be duplicated in any other way. So I'm suggesting that we not use parkland for anything except its intended use. And if we have to wait for 10 years to get a buildout, fine. I think Elliot made a very good suggestion about the gardens. But it's quite an oversight when we do all these different studies. November 13, 2018 Page 111 We've paid ULI. They have said we need housing. We paid -- we count the roads, as I say, but no one, no one, as far as I know, has counted the social infrastructure, the uses of beaches, museums, libraries. Parkland is the same kind of thing. And one of the representatives from the school system said that's what they use to lure people in. It's a beautiful county. We've got lots of parkland. And, by the way, I am a former teacher, so I have no problems with teachers living next to me, and I hope nobody had a problem with me living next to them. Anyway, I'm saying today to commissioners, please consider the value of parkland. It's irreplaceable. Right now there's an expensive study going on in the county in the CRA -- Bayshore CRA area where Tindale Oliver is searching for parkland in the Shadowlawn area. There's no land there. They're thinking of using the canal basin. So let's keep the parkland that we have. Please vote in favor of keeping parkland. Thank you very much. (Applause.) MR. MILLER: Your next speaker is Monique Irwen (sic). She will be followed by Bart Joseph Jackson. COMMISSIONER TAYLOR: Just to address the speaker before and certainly the speakers here about parkland, if we remove Manatee Park from the equation, we still have a surplus of parkland according to our most recent 2018/2019 AUIR right here. COMMISSIONER FIALA: Which happens to contain the new sports center, right, sports complex, which then changed the balance. COMMISSIONER TAYLOR: Right. I'm just telling you we have a surplus. We're not -- it's not as if we don't have parkland. We have a surplus of parkland. MR. MILLER: Your next speaker is Monique Irwen. MS. IRMEN: All right. So I'm Monique Irmen, and a couple of things. While I understand you may believe we have a surplus of November 13, 2018 Page 112 parkland, we do not have any parks, as I understand it, east of Collier at this point if we remove Manatee. Is that correct? I believe that's correct. CHAIRMAN SOLIS: That would be a question for staff, but go ahead. MS. IRMEN: All right. So what I want to do today is I want to present to you 1,100-plus signatures opposing the re-purposing of Manatee Park, again, for all the reasons that were discussed before. And I do want to let you know that Elliot Miller volunteered to go to Broward County to get us another 200,000 signatures if we need it. So I don't know. (Applause.) MS. IRMEN: We've got to have a little humor today. He was the one that started it. All right. So I don't know who to give this to. This is out on change.org. These are -- so I guess you get this. There you go. Thank you. MR. MILLER: Your next speaker is Bart Joseph Jackson. He's been ceded additional time from John Tiano. Are you present? MR. JACKSON: Mr. Tiano had to leave. MR. MILLER: Okay. John Moretti. MR. MORETTI: Here. MR. MILLER: So you will have a total of six minutes, sir. MR. JACKSON: Okay. MR. MILLER: I'm sorry. He'll be followed by Jean Kungle. MR. JACKSON: Thank you. There's a painful reality that comes with being employed in America. Having a job does not guarantee you will be able to have a life that provides a stable, affordable place to live. It's a fact of life, okay. Collier County workers need -- now, when I use the term "workers," it's all-encompassing. May I say that? Workers in general. Collier County workers need but have not had a meaningful November 13, 2018 Page 113 increase in income or wages. That's the basic housing affordability problem. Collier County's workforce is simply not being paid a fair wage for a fair day's pay, and that's where you have this problem of affordability. Declining affordability is the result of stagnant wages, low levels of skilled labor, and rising housing costs; however, how we measure affordability will help us better understand the underlying causes of the problem. What Collier County is attempting to do is to come up with a housing affordability cure that leans far too heavily on addressing the symptoms and not the cause of the issue. It would seem simple enough that the role of the county should be if people cannot afford to live where they work, the county should look at a vast array of solutions to get workers enough compensation or enough support so they will be able to do so. That might include moving closer to work if workers so choose. You are assuming far too many unknowns regarding workers living outside Naples and having a desire to pack up and move to East/South Naples. What if your assumptions are completely wrong? Have you researched how many of the target workforce you use in your accountability reports would actually move to East or South Naples? Would they? Could they? Have you researched how many essential personnel have school-age children and how important the quality of the schools would play and those target groups possibly making a decision to move to East or South Naples? There is one undeniable fact when it comes to where someones chooses to live. Consumers will attempt to move where the housing best suits their desirable lifestyle, regardless of what that desired lifestyle may be. Do we need to have a deeper discussion regarding exactly who will and will not be included in the category of, quote, workforce November 13, 2018 Page 114 housing that the county continues to position as the target group? Who will ultimately benefit from more affordable housing? We have a large population of homeless and economically challenged service veterans in Collier County. I've not heard one person address them and what their needs are. We have a serious need to support the elderly, economically challenged, and never complaining because they have too much pride to beg for help from you. We keep hearing from the county that term "essential workers," requiring affordable housing within the county, yet that group has not been accurately described, as the county plays upon the community's responsibility to be "all in" on the county plan to dump more affordable housing in an area already saddled with a disproportionate share. Instead of the county pointing its compass at affordable housing as the solution, perhaps the discussion should begin with the real root of the affordability problem. Low wages for workers working within a county whose main product being sold to our residents and tourists is the sun and the beach. That's what we sell. We sell the sun and the beach. If you want to live somewhere where you sell the sun and the beach, you're going to pay a price for it. You want to go out to Aspen and you want to be a ski bum, you can do it. You're going to make $9 an hour at best, and you're going to have to huddle up with other people, but you'll have a great lifestyle. Let's make no mistake what Collier County has to offer as its number-one product in service: Collier County sells paradise, and paradise comes with a very heavy price in form of high costs for all those that choose to live here, and I mean all of us, and I do mean all that choose to live here, both young and old. Age does not discriminate when it comes to affordability. No one is immune from the high costs of living here. Absolutely no one. November 13, 2018 Page 115 The cost of living in Collier County is 25 percent higher than the U.S. average. This is a fact Collier County employers have largely failed to recognize. For families working to earn a living, it's a daily fact of life. For retirees, it's a constant threat to their ability to outlive their nest egg. For seniors and widows living alone, it's the fear of becoming homeless and on the street. For our younger residents who have come back home after being saddled with excessive college debt, it's the fear of not finding a job in Collier County that allows them to be self-sufficient and not default on a student loan. There's a lot of people struggling in Collier County from a lot of different groups all trying to survive while pride forces them to possibly not reach out for help. If we are going to discuss housing affordability, let's open our hearts and include everyone facing the problem, not just the select groups that some self-interest groups focus their attention on. The fact of the matter is, Collier County does not provide enough promise of a good job for workers because Collier County sells fun and sun and the recreational opportunities that go along with it. We manufacture very little here. We have no good manufacturing jobs. They're very hard to come by. Collier County is not a manufacturing hub outside of Arthrex, our leading medical-device manufacturer. Manufacturing jobs pay 30 percent more than nonmanufacturing jobs. More manufacturing jobs will increase the diversity of Collier County's economy which relies much too heavily on hospitality, medical service, and construction jobs. Collier County needs more jobs that provide a livable wage if we ever expect to attain sustainability. Low wages have been exacerbated by the decline of labor unions, lacking educational attainment and vocational trades, a surplus of workers in the labor pool, few companies offering health benefits, which forces those with it to stay November 13, 2018 Page 116 fearful to find another job, exorbitant student loans, and high numbers of undocumented or illegal immigrants willing to take ridiculously low wages. For decades, law makers have let the value of the minimum wage erode, allowing inflation to gradually reduce the buying power of the minimum wage income. Don't buy the media reports of controlled inflation. It's nonsense. Visit a supermarket with $100 in your pocket and see how much that $100 will buy. CHAIRMAN SOLIS: Thank you. Thank you. Your time is up. MR. JACKSON: Okay. UNIDENTIFIED SPEAKER: He can have a minute of my time if he needs it. CHAIRMAN SOLIS: No, no. His time is up. MR. MILLER: Your next speaker is Jean Kungle. She'll be followed by Laura Cox. MS. KUNGLE: Good afternoon, Commissioners. I'm not going to take up too much of your time. A lot of what was -- I was going to say was already said. I will say I am here on behalf of myself as a resident of East Naples, and I'm also here on behalf of the East Naples Civic Association board, and we are definitely opposed to any parklands being changed into any kind of housing; whether it's affordable, market, it doesn't matter. And I can say listening to a few things, the $3 million value on 60 acres, it depends on what you're going to use that use for. That 60 acres to a big developer would be millions and millions of dollars, and I don't think we should be giving up any kind of parklands. Thank you. MR. MILLER: Your next speaker is Laura Cox. She has been ceded additional time from Mary Catherine Quinn. MS. QUINN: Yes. November 13, 2018 Page 117 MR. MILLER: And from Rosalie Brainard. MS. BRAINARD: Here. MR. MILLER: For a total of nine minutes. She will be followed by Slone Delong. CHAIRMAN SOLIS: And there's nine minutes, I think after this speaker we're going to break for lunch and take a short lunch. MR. MILLER: Yes, sir. MS. COX: Mine's six and a half. CHAIRMAN SOLIS: Very good. MS. COX: Good morning, Commissioners, staff, and guests. My name is Laura Cox, 9478 Carmini Court. I support affordable housing, and I think we can do better. In the conclusion of the ULI study, they stated that Collier County absolutely has a housing affordability problem. It is not a crisis yet. The panel believes the county needs to come to a consensus and establish a clear vision about how to move forward. Housing affordability is essential to creating and maintaining a vibrant and sustainable community, and failure to act now will put at risk the very things that make Collier County so special. Maintaining paradise is both a privilege and an obligation. So today I ask, do we really have a clear vision for locating and building affordable housing in this county? Offering affordable housing solutions cannot be a standalone proposition. It also has a social responsibility. And it's when we merge the two, our social responsibility with our vision, that we will be successful in creating and maintaining that vibrant, sustainable community we seek for our future. Unlike other cities and counties, ours is not a crisis yet. Fortunately, we have time. We have time to do better. If one of our primary goals is to offer our workforce the opportunity to live where they work, then let's consider what's November 13, 2018 Page 118 important to them. They probably have children, and a top priority or concern of working parents with children is schools. So, in essence, the workforce may have no desire to live here, to live in Collier County if that fusion of schools and housing options is missing or does not meet their expectations. Today you are being asked for approval to investigate the future development of Manatee Park. So let's look at what surrounds Manatee Park. There is already a concentration of low-income properties with more housing approved and in the works. And the schools, well, the schools at best are mediocre. I found this very interesting, and it's been spoken about today, the feasibility study considering development of affordable housing on the Manatee Park site stated no impact on Manatee Elementary. How can that be? Well, it's because the school is already at capacity, and at capacity, no further impact is even considered. So we have a proposal for housing that is affordable, but it's next to an overcrowded elementary school. Not so good. Now, what does Manatee Elementary look like? Here's some facts from -- and, again, I'm not an expert, so I use the Internet, and this is what other people do, too; Schooldigger.com. Manatee Elementary ranks 1,288 out of 2,100 Florida elementary schools. It's a two-star school. 93 percent of the students receive free or reduced lunches, and in 2018 the calculated average standard score was 40 percent. Not so good. And Manatee Middle School, well, it doesn't fare much better. In 2018 it ranked 10th among 11 ranked middle schools in the Collier school district. Here's the reality: If we -- in providing workforce housing for our teachers, our nurses, our police officers, our first responders, they are concerned about our schools, and we should be, too. With their children in mind, they would most likely reject the housing at Manatee November 13, 2018 Page 119 park and look for a better choice. If we want a plan that works, if we really want to lay a framework that is a vision for the future, we need to do better. We need affordable housing. And if we know that schools are a major factor in our workforce deciding where to live, then it's only logical that we task our housing staff to collaborate with Collier County Public Schools. How do we successfully integrate affordable housing into the landscape of this community without working in conjunction with the school district? Now, I'm going to try and pull this up. I found this online, okay. Now, he told me how to zoom there. Oh, there it comes. Now I have to figure out how to zoom. I found this map online at CollierCountyFL.gov. It designates a cluster of three new schools. If anybody wants these handouts, they're here. An elementary opening in 2019, a middle school opening in 2023, and a high school opening in 2027. I wish I could figure out how to make this zoom, but I can't. What happened to this plan? It looks like at one time -- do you see where the cluster is? I can't make it zoom. COMMISSIONER TAYLOR: Right down there at the bottom. Oh, you know what, let's close -- oh, I'm going to lose my time, though. Okay. Well, what happened to this plan? It looks like at one time this was a clear vision. This looks like a foundation for future growth. Let's revisit this. Three new schools that could become the nucleus for a family-friendly community built with the intention to include affordable and workforce housing -- sorry. Okay. And there again, I mean, I just went online, and I found this map, so I don't know what happened to it. I do have another thing that we could bring up. MR. MILLER: Is that what you're trying to see here? November 13, 2018 Page 120 MS. COX: Yeah, that would be great. Okay. Three new schools that could become the nucleus for a family-friendly community built with the intention to include affordable and workforce housing in an outlying but still a central location of this county. This is what a vision looks like. This is what will make your workforce happy to live where they work. This is the type of plan that could make an extraordinary impact on the future of Collier County. Taking some little piece of parkland next to an already overcrowded, struggling elementary school in the southern end of the county far from where workers work is not a solution or a vision for our workforce housing. Affordable housing by itself does not achieve the greater good. The proposal before you of collocating housing with a park is a good direction, but Manatee Park is the wrong location. Before investing more time and dollars in a poor idea, as a resident of Collier County, I ask that you abandon the Manatee Park effort and direct staff to bring back a smart growth project. I ask that you explore the benefits of a family-friendly community, a community where families enjoy housing at affordable prices and quality public schools, a community that offers both childcare and parks to play in. It's a branded community vision that could make Collier County a really special place to call home. Please have the courage to say we can do better. Thank you. (Applause.) CHAIRMAN SOLIS: One last speaker. Is the next speaker three minutes? MR. MILLER: That's correct, sir. She's just registered -- CHAIRMAN SOLIS: Three minutes. And you have -- looks like you need to get back to work. MS. DELONG: I do. Thank you for that. Hello, my name Slone November 13, 2018 Page 121 Delong. CHAIRMAN SOLIS: Microphone. MS. DELONG: Oh, sorry. Is that a little bit better? CHAIRMAN SOLIS: Yeah. MS. DELONG: All right. Perfect. Hello. My name is Slone Delong, and thank you for taking the time today to listen. Today I come to you not only as an individual but as the vice chair of Young Professionals Leading in Healthcare, which is a young professionals' organization for NCH Healthcare System. Now, when most people think of healthcare, they think of physicians, not generally a group that comes to mind when discussing affordable housing. And while we do have physicians that struggle finding affordable homes here in Collier County, today I will not be focusing on them. Today I will be focusing on the 1,764 young professionals we have living and working at NCH. This group is comprised of nurses, physical therapists, office staff, IT professionals, environmental service workers, and so much more. These people are not only important to our organization but vital to the survival and well-being of our community. I've worked in the NCH IT department for about four years now, and I repeatedly see amazing talent leave our organization because they cannot afford to live in Collier County. These are hard-working, often well-paid individuals who are just wanting to start or grow a family, but they cannot find a home here in Collier that meets their needs. They end up purchasing a home in Lee County and, over time, get tired of the commute and leave our organization. Now, when someone leaves our employment, not only have we lost a valuable resource, but we now have to recruit and train someone to fill that gap. In our line of work, that time and money that we could November 13, 2018 Page 122 be spending elsewhere can have a real impact on our community. So the next time you're at a medical facility, whether it's ours or someone else's, I encourage you to take note of the person checking you in, the nurse or NA that gets your vitals, gets your measurements, the phlebotomist that draws your blood, and the pharmacy technician that fills your medications. These are the people directly impacted by the lack of affordable housing here in Collier County, people that our community depends on. So I encourage the Collier County Commissioners to support recommendations to improve affordable housing options here in Collier County, not only for young professionals, but for our community's health and well-being. Thank you. (Applause.) CHAIRMAN SOLIS: Thank you. I'd like to take a 45-minute lunch, if that's okay, because there's other people that have been waiting to speak, I think, and it's -- COMMISSIONER FIALA: Could we take 50 so I can get to the restaurant and back? CHAIRMAN SOLIS: Okay. I thought you were ordering in. COMMISSIONER FIALA: Oh, I don't know. CHAIRMAN SOLIS: You had asked Mike. Let's come back at 20 minutes of, yeah, 45 minutes. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. We're back on Item 11A. Mr. Miller? MR. MILLER: Yes. Your next speaker is Jennifer Trammel who's been ceded three additional minutes from Laura Branson. Are you here, Laura? MS. BRANSON: Lauren. November 13, 2018 Page 123 MR. MILLER: Lauren, thank you. Sorry. Your next speaker after Ms. Trammel is Martin Nestares. He'll be next. Go ahead, Ms. Trammel. MS. TRAMMEL: Thank you. Good afternoon, Commissioners. Thank you. Jennifer Trammel. I spoke to you a year ago this week, actually, in support of exploring alternative revenue streams for the county, including the local option sales tax so that we could fund community priorities, including attainable housing. And in some ways I think we've made a lot of progress, and I thank you for your leadership on that. And in a lot of ways, we still have a lot to do. For many people in Collier County, buying a home is just as unattainable today as it was this time last year, perhaps even harder with rising home prices. As a member of the Chamber's Public Policy Committee, I believe creating housing options that are safe and affordable for a variety of our citizens is a broad public responsibility. And I come here today to encourage you to support recommendations to expand affordable options in our community. We know that this issue is critical to continuing to attract and retain talent in our area. This includes those essential workers that we've heard about: Teachers, construction workers, nurses. But it includes young professionals across nearly every industry as well. And I'll say it again, if unaddressed, I don't think it's too strong of a statement to say that we are putting the future of Collier County in jeopardy. I'm proud to be part of a vibrant group of young professionals here who are not only critical to our economy but who also give back to our community in really significant ways. I think they're exactly the kind of people we want to attract to Collier County and we want to November 13, 2018 Page 124 keep here. We want our young professionals to invest in this community, to commit to being here for years to come, but we've experienced that putting down roots in Collier County is becoming increasingly unattainable. I think it's fair to say nearly every one of us has been on Zillow looking at what our money gets us in other areas of the country. So let's talk about those numbers for just a minute. We saw in the presentation that even with an average income, up to $94,000 a year -- and most of our young professionals are not making close to $94,000 a year -- you could afford up to $290,000 to purchase a property and, still, you would not reach the median closed price on a sale in our area. NABOR reported that the third quarter of 2018 the median closed price was $330,000, nearly 14 percent higher than what a family of three making 94,000 can afford. And we've experienced that there are very low inventories in that price range, and we're competing with cash buyers. In the nearly eight years I've lived in Collier County, the rent on the original unit where I lived has increased 107 percent. Attaining a reasonable lifestyle in Collier County is getting harder, and we see what our money gets us across the country. So I foresee that brain drain is going to be a real issue for us as our talented professionals choose to go elsewhere. And we literally just had an example of this this afternoon. You should know that one of our colleagues was here scheduled to speak, and she had to leave because she received an email saying that one of her employees just submitted their resignation. And one of the exact pieces of information they gave for resigning was the inability to find long-term affordable housing. We're losing talent every day, and they're not going to come back. They're going to put down roots in other communities, and that means we're going to lose out. We're going to miss out with our businesses. November 13, 2018 Page 125 Our economy will suffer, and our community misses out on their really valuable contributions on a human-to-human level. So please don't take the lack of young professionals here in this room right now as a sign of apathy for government or for affordable housing. They're at work. We've given up at least three hours out of the office at this point. You see us working on our laptops, taking phone calls. We're trying to make a difference and make our voices heard in the county. It's not easy at what was to be a 10:45 item on a Tuesday. But we appreciate the time-certain. Thank you. So, Commissioners, we need to address this long-standing problem. And I'm not saying that the Bembridge and Manatee sites are the place to do this, but it's something worth consideration, and we should consider other sites as well. But I think it's become clear today, whatever sites we consider, we have a real perception problem here in Collier County about who is workforce housing, who's affordable housing, and that was evidenced today by the comments I heard under people's breath as we talked about this issue. This perhaps is NIMBY'ism, not in my backyard, at its finest. So I just ask that you think of the people that you've seen in this room today when you think about affordable housing. And to echo Amanda Beights, don't we deserve a chance to be your neighbor, too? Forgive me for leaving after these comments, but we have to get back to work. Thank you for your time and your consideration. COMMISSIONER FIALA: I just want to ask you something. MS. COX: Yes. COMMISSIONER FIALA: Very good speech, by the way. What industry are you in? MS. COX: My background is in news and media, and I work for a company that archives news content with marketing communications. November 13, 2018 Page 126 COMMISSIONER FIALA: So would you be willing to move down here to East Naples? Because we have lots of stuff right here. MS. COX: You bet. In fact, I used to own a home in East Naples. COMMISSIONER FIALA: Oh, did you? MS. COX: Yes. COMMISSIONER FIALA: Yeah. We have lots of stuff that would appeal to you or anybody because they're in the right -- I live in a neighborhood where you can buy a two-and-a-quarter easily all day long, and the new ones that they're building, Argo Manatee that I just mentioned, they're all single-family homes, and they're right there by Manatee school. True, it's overloaded, but still, they have that. There's a lot of things available, but I don't think anybody lives down here, and that's why I ask. MS. COX: In fact, there are several people here who do live in East Naples. COMMISSIONER FIALA: Good. So they know that there is an availability? MS. COX: Yes. COMMISSIONER FIALA: Thank you. MS. COX: But it's still not enough to fill the gap of what's needed. COMMISSIONER FIALA: Well, that's right, but, you know, other areas, I'm sure, are going to start coming up to the plate and offering areas, too. MS. COX: And I think that's important to look at that diversity across the county. Thank you. (Applause.) MR. MILLER: Your next speaker is Martin Nestares, and he will be followed by Alex Breaolt. MR. NESTARES: Hi, good afternoon. My name is Martin November 13, 2018 Page 127 Nestares, and I am a local business owner, and I also reside in Commissioner Saunders' district. I want to first thank the Board of County Commissioners for setting time aside for such an important topic as this. I think that it is very clear by everybody who came today, everybody who has spoken today, that affordable housing is an issue that Collier County cares about, that Collier County is worried about, and that Collier County needs action on, and that is why we rest on the five of you to do something about that. I, as a young professional and all of the other young professionals that have come before you are saying that, please, don't give up on this topic. I know that it is a difficult topic. I know that there are voters who, for one reason or another, may not understand who this affordable housing is going to help or what -- the purpose behind it. And with that, I ask that maybe we have a little more education. Maybe we explain to these individuals who is the target audience for these communities. Now, there was a lot of concern that a park is going to disappear, but was I sitting watching those presentations. And if I remember correctly, the park is still going to remain at that site. In fact, it's going to take up to 50 percent of that site. So nobody here -- and please correct me if I'm wrong -- is talking about getting rid of a park. That park will still be there. And why not have a community right next to a park, a community that can be filled with young families with kids who can enjoy that park? Now, since the time that I've lived here in Naples -- and I've only been here for four years -- I have personally known four teachers who have had to stop working in Collier County because they could not afford to live here. One moved to Lee County, and the other three left the state altogether. We're talking about individuals who could, if they could afford, build their roots here in Collier County, individuals that November 13, 2018 Page 128 can give income and revenue to our local businesses, and we need that. We can't just be a town of tourism and retirees, with all due respect. So I please ask you that you not give up on this topic and that you give it the attention that it deserves. Thank you. MR. MILLER: Your next speak is Alex Breaolt. She'll be followed by Nikki Dvorchak. MS. BREAOLT: Hi. My name is Alex Breaolt, and I was born and raised in Naples, Florida. My affordable housing story is a success story, but I was able to live in my parents' house for two-and-a-half years with my husband. And sometimes it wasn't ideal, but we were able to save a lot of money to be able to afford a house, and we actually ended up buying a house in District 1, and -- in Kings Lake. That's the same -- that story goes for my sister and for my brother, excuse me, but, unfortunately, that doesn't happen to many young professionals. They don't have that opportunity to live in their parents' house for two years. I also would like for you to consider a tiny-home neighborhood. These are trending around the country, and they are small cottages that young professionals and workforce live in. And these homes are small in square feet, but they're also small in acreage, so there's not a lot of impact on the communities around. And also, I just want to say thank you so much for having us young professionals speak on our behalf, and I am -- thank you so much. MR. MILLER: Your next speaker is Nikki Dvorchak. She has been ceded additional time from Mosy Saracino. MS. DVORCHAK: She had to leave. MR. MILLER: Oh. Then you will be speaking for three minutes and will be followed by Steve Sanderson. MS. DVORCHAK: And I also got, I think -- November 13, 2018 Page 129 MR. MILLER: Oh, I'm sorry. MS. DVORCHAK: -- time from Jenna. MR. MILLER: I did not see that. Jenna is here. I do have Jenna's slip. I'm sorry. My apology. MS. DVORCHAK: Thank you. No, that's okay. Thank you so much. My name is Nikki Dvorchak, and I appreciate your time today. I just have a few examples of my personal experience and why workforce housing and really addressing this issue is so important to me. First of all, through work I've had the opportunity over the past couple of months to be able to go out and visit multiple companies, probably over 50 in the past four months, and discuss with them their successes and their challenges, what's going on with them and how things are going in the community. And whether it be construction, hospitality, healthcare, education, they all had the same challenge. The issue they have is attracting and retaining talent. They cannot fill critical positions within their companies, and the reason, whether they make an offer and the potential candidate is entertaining it, they say they cannot find comparable housing at an affordable price to where they're locating from. So then the employer either has to increase their offer or lose that potential great candidate. It's something that we need in this county to be able to retain businesses in this community and let those businesses continue to grow. My own experiences are also very similar. My sister moved here four years ago, and she had to rent, and she has had to move every single year. Of course, having multiple different roommates, roommates who have that issue where they can't afford to live here and leave. She started working here at a childcare facility making $11 an November 13, 2018 Page 130 hour. So of course she can't afford to live on her own. And every year that she's had to move, because the rent went up. Last year she decided she no longer wanted to keep moving, and she wanted to buy her own home where she could afford to live and put down some roots. She searched and searched in Collier where she wanted to stay, where she works, where her family and friends are, but she couldn't, and she recently just purchased a condo in Estero where she will now be giving back to that community, supporting those local businesses, and voting, though she works here in Collier County. I, myself, had to rent when I first moved here. I bought a home, small, an investment, was able to sell it, and then purchase a home that was a little bit more space for my family. I now have a growing family, and our house is, again, too small, yet I can't afford to find a larger home. I can't afford that, and both my husband and I work full-time and very hard to give back to our family. And I think the issue is that we don't remember that the cost of childcare is extremely high and basically a second mortgage. We keep discussing getting a roommate. Well, my husband and I are not going to entertain that idea. And so I say to you, it is very important to understand we're not just talking about young professionals who are coming here straight out of college. We're talking about families; giving them somewhere to live, somewhere to put down roots, lets their children go to this amazing Collier County public school, let them take advantage of this wonderful quality of life and remember that, yes, we're not just a retirement community anymore, though we do want those people here. We want the philanthropists in this town. But guess what, they're not going to enjoy their quality of life here without the great service, without the great people, without the nurses that are able to live here and provide those services to them. So, please, continue to discuss this as an issue that's really November 13, 2018 Page 131 important, and don't run us all out of town. Thank you. MR. MILLER: Your next speaker is Steve Sanderson. He is not here. Marvin Guerrier. (No response.) CHAIRMAN SOLIS: Suzanne Orschell. (No response.) MS. KUNGLE: Sue is here. MR. MILLER: Is Spencer Smith in the -- go ahead, Suzanne. Is Spencer Smith here? MR. SMITH: Yes. MR. MILLER: You will follow this -- Suzanne Orschell, please, Mr. Smith. MS. ORSCHELL: Good afternoon, Commissioners. I actually had prepared a speech, but I was sitting out there rewriting it, because as I'm listening to the discussions today, some different things are resonating with me other than my initial thoughts. I've been around for a long time, 58 years here in Naples; East Naples, probably 48 years. I've worked here for 33 years, so I understand what the young professionals are saying. But we do need housing. We do need affordable housing for everybody. What I am a bit concerned about, though, is the mixing of the terms. I keep hearing workforce housing. I keep hearing approved affordable, affordable. They're all separate entities. And as I looked at some of the slides presented by the Housing Department, it only allocates between 10 to 25 percent to special needs. So will our young professionals benefit from converting Manatee? Bembridge, probably. But I don't know about Manatee. And, again, is that where these folks want to live? I think Laura Cox made some very good points. I think young families are looking for schools. I think it's very important to them, and I'd like to see a more comprehensive view taken of the various November 13, 2018 Page 132 sectors and what conditions and what things are important to them before we jump into a blanket, you know, 40 acres or whatever. So, again, I'm kind of endorsing Laura Cox's comments. Thank you very much. MR. MILLER: Your next speaker is Spencer Smith. He will be followed by Matthew Goodwin. UNIDENTIFIED SPEAKER: Not here. MR. MILLER: Go ahead, Mr. Smith. MR. SMITH: I'm Spencer Smith. I work for the United Way of Collier County. I am currently the director of programs there. I oversee over $8 million that go out through our community on an annual basis with social services, disaster recovery, long-term recovery. You name it, we kind of handle it. I also run our Collier 211 initiative, which is basically a resource referral hot line. And we constantly have the top three concerns is going to be housing, whether it is mortgage assistance, whether it is rental assistance, or whether it's utility assistance. It's one of the three. And it comes to show the dire need for the assistance in these different areas. Our case managers often have to refer out to social services that they know have been depleted of funds. So they have to go through and do further case management to kind of see and assess what's the current situation? What is it? What's the problem? Figure out other ways to solve the problem, because there is no solution for affordable housing currently. With the community only growing, it just shows that there is even a greater need. I watched the presentation today, and I saw it was great. And I work on a lot of different funds that are either -- either grants that are funded either federally, state, or locally. And I want to say the one that I'm currently working on is through the disaster case management, November 13, 2018 Page 133 which is a funding through Volunteer Florida and FEMA. It is a federal grant. And we have all of our federal statistics from that grant directly from FEMA. This is a part of a Region 3 grant where we are part of one of three counties that are receiving $5 million. This is between Broward, Lee County, and Collier. Do you know how much Collier got out of that $5 million? COMMISSIONER FIALA: Twenty cents. MR. SMITH: Eight hundred thousand dollars, and that is supposed to last us for 16 months. Based off their data from the hurricane recovery, we only had the need for $800,000. They only ascertained that we had 289 cases of families that were going to be in need for housing assistance getting back onto their feet. To date -- this grant started April 23rd of this year. I have already identified over 2,000 cases that we are currently working on to fulfill. And that's just the ones that are willing to come forward. There are a lot more families struggling. I have callers from your own government jobs, employees here that are calling and actually reaching out for help now. We are seeing a completely new demographic who's really trying to figure out how to navigate social services. They've never been in this position before. They are too humble and too proud to accept these services in the past. And now, a year after the storm, their credit cards are maxed out. They don't know what to do. They've reached rock bottom. Not all of them have family members to help them fix or assist their issues at this time. So why we're stepping forward and trying to fill the gap. That's our role at United Way. We're trying to fulfill the needs of our community by covering gap social services areas. I don't have a lot more time, but I just wanted to say, you know, November 13, 2018 Page 134 we help over 100,000 families every year. Data's not always absolute, so that's why you need to trust the people who work firsthand with the issue. Thank you. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Sonia Vargas? Sonia Vargas. (No response.) MR. MILLER: Not here. Your final registered speaker is Nick Kouloheras. COMMISSIONER SAUNDERS: I think Nick promised us he won't take more than 30 seconds. I think I heard that. COMMISSIONER TAYLOR: I heard him say that. MR. KOULOHERAS: Well, as I pull up my PowerPoint presentation, I have been ceded the time of 75 other individuals, none of which are here, though, so I'll be 30 seconds. First of all, thank you very much. What's amazing as I sit back and I hear all the conversations, you know, working for Habitat for Humanity, I've always thought of Habitat just as the forefront, as the tip of the sword of trying to address this affordable housing issue we have here in Collier County. But to sit back and hear everyone here today, I think most people in the room, whether you're for the Manatee site, against the Manatee site, or any of this, agree that there's an issue that needs to be addressed, and it's bigger than Habitat. It is a Collier-County-wide issue that affects so many of these young professionals that took the time out of their day. I mean, luckily for me, I get paid to stand up here. So I appreciate the time. But I just want to encourage you to continue to move this ball forward, as I've always said. This, obviously, is an issue that affects this county in many, many ways, ways that we don't even know yet, November 13, 2018 Page 135 and statistics cannot accurately depict what the negative impacts not having affordable housing can have on our community. So I do appreciate your time. I appreciate it. I hope you have a wonderful Thanksgiving. I did want -- one point of clarification. There was a gentleman earlier who said Habitat for Humanity owned a thousand acres in East Naples. I'd like to know where that is, because I think we do a lot of great things on it, but that is not an accurate answer. We do, obviously, own property in East Naples, but not of that scale. So thank you, Commissioners. Have a wonderful Thanksgiving. (Applause.) CHAIRMAN SOLIS: Okay. That was our last speaker? MR. MILLER: Yes, sir. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I just all of a sudden got moved in number-one speaker here, so let's see how this goes. First off, I'd like to say this: The acknowledgment of the need is not the discussion today. It's how to support the need. And though there's a lot more age up here on this dais than a lot of the -- several of the speakers that we've just recently had, most all of us were young professionals at some stage or another. Most all of us had housing issues where, as we were coming through, we had to make concessions and we had to do things that we didn't really like to do but we had to do. So with that, the argument, discussion, if you want to call it that, is not the need. It's how do we satisfy that need. And I have regularly made suggestions to our staff of alternative methodologies to support the need that are not a requisite of government -- who's got the button on me? MR. MILLER: That would be Mr. Kouloheras, sir. No, I'm kidding. November 13, 2018 Page 136 COMMISSIONER McDANIEL: So did somebody give the button to the chairman? That's what it was. MR. KOULOHERAS: Commissioner McDaniel, I cede my time to you. COMMISSIONER McDANIEL: Yes. There you go. The long and the short of it is is there are alternatives that don't require government subsidation. We have capacities to support these needs that don't require government subsidation. I, myself, was a recipient of a Collier County plan that was put forth back in the early '80s when I bought my first home. Granted, it was 125,000 total out off of 25th Street. But the program was set up to allow for first-time homebuyers to not have to come up with the 10 percent down. And 10 percent of 125,000 is $12,000. And when you don't have any money, 12,000's a lot. And so we were allowed to only have to come up with 5-. We were allowed to borrow a portion of that 5-, and the PPI, principal payment insurance, was subsidized by Collier County. And it allowed me to afford to buy my first home out off of 25th Street Southeast on the canal. There are -- Mr. Elliot suggested other alternatives that are available that have yet to have been explored by our community. So I would highly recommend -- and I'm going to say this out loud to my colleagues. That as we move this issue to a vote, minimumly, we segregate these two pieces of property that are being proposed by staff between the Bembridge and the Manatee site because, as it sits now, you will not receive my support with regard to this initiative going forward if the Manatee site is included. So having said that, the last point that I'd like to make and -- you know, it's been regularly mentioned that the folks from ULI came and talked to us and shared with us that we don't have an affordable housing crisis. We have a housing affordability issue that could November 13, 2018 Page 137 become a crisis at some particular stage, and some people have different diagnoses of a crisis or not. One of the things that I gleaned -- and I've said this before, but I'll say it again because it's worth saying. Every thousand-dollar increase in the purchase of a home precludes 133 people that live within Collier County's demographic of affording that home. Why are we not, as a community, exploring alternatives to ensure that the housing cost reduction is applicable to the individuals that are actually purchasing that home? Manipulation of impact fees. We've the highest impact fee structure in the state of Florida. Sixty-seven counties, we're the highest. So why are we not, as a community, exploring alternatives such as that? I don't think a person that came here and spoke to us today in favor of housing affordability is looking for a handout. We're just looking for help. I got it. I don't think anyone here is looking for a handout. They're just looking for help. And I think there are alternatives there that don't turn worlds upside down with uses of pieces of property that Collier County, in fact, owns. I made a suggestion to the folks with the school board today. Did you notice Tom's answer when I asked him what the school board was doing with their land? That's a board decision. What's the Fire Department's doing? There are alternatives and other pieces of property that can be utilized to attract, keep, and allow for new employees to come to our community and assimilate into the structures that we, in fact, have from an affordability standpoint. That's all I have. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: Thanks for not hitting the November 13, 2018 Page 138 button twice. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes. First of all, I think that's a great idea about building just even a small apartment building on each site where they already have schools, that would be a great idea, and you would take up a lot of that property and give people places closer to their work. And the good thing is, that's going to be all over the county rather than in just one area, which also might please people. It doesn't have to be just teachers, of course. It could be anybody, but at least we would see some affordable housing. I don't know that anybody's brought that up, but that's an excellent idea. Also, I've heard a lot of people saying there's no affordable housing. Well, I don't know, have they built any affordable housing in your area? CHAIRMAN SOLIS: We have -- 11 percent of the affordable housing units and 8 percent of the property in the county. So there are some. COMMISSIONER FIALA: Where are they located? CHAIRMAN SOLIS: If you go up off Old 41, that's a lot of affordable housing on Old 41. COMMISSIONER FIALA: Okay. So now you're hearing -- that's just what I'm asking. We're not building any recently, but there is some, right? CHAIRMAN SOLIS: Yeah. COMMISSIONER FIALA: Okay. Have they built any in the City of Naples? COMMISSIONER TAYLOR: No, they haven't built any -- COMMISSIONER FIALA: That's all right. That's all right. COMMISSIONER TAYLOR: Well, they've got -- no, that's not true. They're building Habitat for Humanity homes in the City of Naples. November 13, 2018 Page 139 COMMISSIONER FIALA: Well, they built one. Are they going to build more? COMMISSIONER TAYLOR: No. They have two most recently. COMMISSIONER FIALA: Okay. But that wasn't the point. You didn't need to say that. Just saying, you know, yes or no, or, you know, I don't want to be making -- I don't want to be making fun of any, but that isn't the point of this. How about you, Commissioner Saunders? COMMISSIONER SAUNDERS: Do I have to say yes or no? I'll say yes. What was the question? COMMISSIONER FIALA: Are they building more affordable homes -- COMMISSIONER SAUNDERS: Yes. COMMISSIONER FIALA: -- in your area? Okay. Well, all I hear is they're building great things in Golden Gate, and I heard all kinds of praises at lunch today, so I heard about that. And I know that they're building some by you. COMMISSIONER McDANIEL: A lot. COMMISSIONER FIALA: Have they built anything -- they aren't? COMMISSIONER McDANIEL: No. A lot -- COMMISSIONER FIALA: Oh, yeah. COMMISSIONER McDANIEL: -- in Eastern Collier County. That's where the most -- there again, your housing -- not to interrupt you, but your housing price component comes from construction costs, impact fees, and in your cost of land. And where is the land the least expensive? The further away you get from the big pond. COMMISSIONER FIALA: Sure. So now are they building more in Collier County you're saying, maybe? COMMISSIONER McDANIEL: There is availability in November 13, 2018 Page 140 Immokalee, but they're not building any at this stage. COMMISSIONER FIALA: Oh. No, I knew that they weren't building any. I know that they haven't approved any for a long time. But, anyway, so let me tell you, although you-all have said, yes, no, or maybe, I want to tell you there is a lot going up by me, and I can name a few of them right now, which I'm really proud of because they are doing that. And this is housing, as we said, for teachers, nurses, and deputies and so forth. It's going up. And you can go in there and see. And there's single-family homes. Like, for instance, Argo Manatee, they're not expensive; they're not very expensive, but they're delightful little single-family homes right there by Manatee Road. And they're -- the whole complex is building right along. I guess -- I don't know how many people already live in there. And then there's the one that somebody just talked about, Inspira. Well, they say it's comparable to Orchid Run, but Orchid Run, apparently, is cheaper than Inspira. I don't know that, but that's what somebody said in the audience, that it was cheap. Somebody from our staff or somebody said that they were a thousand dollars. Well, Inspira is not. They're about 13,5- and going up from there. And every -- every time they paint the front door, somebody's already moving into it. I mean, it's really popular. We have Milano Lakes, and that's all rental property there, and they've got -- it's great. Now, that's designed and built strictly for teachers, for nurses, for that category, even have dog -- two dog parks in there, big swimming pool, a fitness center, and so forth, and it's a reasonable price that the teachers and service personnel can live in. Then they have New Hope that's going up right now. Boy, that's a huge place. I guess about 350 or so homes. COMMISSIONER McDANIEL: Three hundred and four. They're going to be very expensive. COMMISSIONER FIALA: Oh, are they? November 13, 2018 Page 141 COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Oh. So what price is that; do you know? COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: Oh, what is it? COMMISSIONER McDANIEL: Very expensive. COMMISSIONER FIALA: Okay. All right. And then they have one that they're building right over here on Thomasson. I don't know the name of that place. I should know it, but I don't at this moment. You see the wood structure being built. And those are going to be studio apartments as well as others. It's all built out of wood. I've never seen that. But that's also in the marketplace. So you see that there's a lot of stuff being built here, and everybody says, no, you're not. But we've got it right here. Plus, Habitat is building a whole new village there also. So you've got all price ranges -- excuse me -- meeting the need. And I don't know of many others going anyplace else. But we're trying to handle all of the needs. We can't all do it in one area. And maybe people are just saying we're not building it where they're working; that could be the case. But then schools could be distributing it around, too. If they're not building it anyplace else, don't look at me. We're doing our best for everybody. So thank you. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Well, I guess we could put housing at Naples High School, but I think we're going to have to move the football field. COMMISSIONER FIALA: I don't think Naples High School would work. COMMISSIONER TAYLOR: But you said -- right. And Lake Park, I think we're going to have to get rid of the parking at Lake Park. November 13, 2018 Page 142 They're going to have to get rid of the track at Gulf View Middle. Let's see. Seagate, agh, no place to put it there. So when you talk about putting housing for teachers on school property, the property has to be large enough to accommodate them. And the last time I looked at these -- I guess Lely might work but, gosh, they'd hate to lose their football field, too. I don't know where you'd put them. Now, could they plan in going into the future? Perhaps. But we need to talk about now. We need to talk about 1,764 employees at Naples Community Hospital -- and I think you worked for them at one point, ma'am -- COMMISSIONER FIALA: I did. Thirteen years. COMMISSIONER TAYLOR: -- who need housing. We heard that testimony today. We heard testimony that the only people on the stakeholders committee were people who are going to make money -- COMMISSIONER McDANIEL: That wasn't -- COMMISSIONER TAYLOR: -- from affordable housing. COMMISSIONER McDANIEL: That wasn't a fair statement. That's not correct. COMMISSIONER TAYLOR: Well, I'm glad you agree with me, because the last time I looked, the school isn't making any money and, you know what, I don't think the hospital's making any money, and I don't think Arthrex is going to make any money. So when you create a situation where there's unfortunate remarks being made with ideas that probably don't -- aren't based on data, we've got a problem. The issue we have before us is we own property, and we have an opportunity to put housing on it that will benefit the people who need it. Now, we've got a range based on salaries or income, but we can write this RFP any way we want. And when you talk about seniors needing housing, when you talk about veterans needing housing, and November 13, 2018 Page 143 you're saying, no, not in my backyard, I'm not getting this. COMMISSIONER FIALA: It is in our backyard. COMMISSIONER TAYLOR: Why wouldn't you want seniors? COMMISSIONER FIALA: Who would say that? Nobody said that ever. I mean, seniors are a valuable component to our whole community. Why would we say no to seniors? And we have lots of senior housing. All of those mobile home parks, for instance, all of the big apartments along down Rattlesnake Hammock Road, they're occupied by seniors. We reach out to the seniors. They're a valuable part and a wonderful asset to our community because they're also the volunteers of our community. Don't ever say that to me. COMMISSIONER TAYLOR: But then why wouldn't you agree to affordable housing for seniors at Manatee Park? COMMISSIONER FIALA: I'm not going to argue, excuse me. COMMISSIONER TAYLOR: We can write the RFP any way we want, but we could say -- we could say, let's make Manatee seniors. COMMISSIONER FIALA: Let me say about Manatee: First of all, we're talking about parks here, just the parks. Now, East Naples has a plethora of children, lots of children, and they come from mostly low-income families, and they need a place to play because they don't have a place in their backward. They need a place to go, a safe place, a place that will protect them and give them a wholesome outlook on life. Our parks, which are minimal -- we have three of them. We have Sugden Park, which is just great. Of course, there's no -- there's a playground there. There's noplace else for the kids to play, nothing indoors or anything, but it's a wonderful park to walk around in. Then we have East Naples Community Park, and I have to say it was the tiniest park in all of Collier County, and it does have a small community center. The rest of it, we've kind of -- we've welcomed the November 13, 2018 Page 144 pickleball games in there, and they've taken over the park because, let's face it, they've brought a tourism like we've never seen before in Collier County, and so we've welcomed them. Meanwhile, our Parks Department has taken what would have been two soccers fields and instead we talked together with them and we talked together with the Sports Council and everything, we've moved -- we've moved astro turf or artificial grass over to the Eagle Lakes Community Park so the soccer players still have a place to go. Yeah, there's a longer way to get there, but they have a place to go, because we don't want to interrupt the success of the pickleball. Okay. So we kind of lost that park, too. There's a community center, but that's all we have, and there's only a couple rooms in there. At the Eagle Lakes Community Park, we have a swimming pool, which we've never had before, and it's wildly popular. Now, we have a community center there, except there's noplace for the kids -- there's very little place for the kids to do anything. There's no little rooms. You can't have craft classes. There's one big room if somebody comes in, but that's about it. And we're hoping -- and we've been talking to the Parks Department about making some room so that kids can come inside and can do something. And they're working with me right now on that. But our parks are minimal is what I'm trying to say. And we value those because it's important to the children and their upbringing. We talk -- CHAIRMAN SOLIS: I'm sorry. It was Commissioner Taylor's time. COMMISSIONER FIALA: Oh, was it really? CHAIRMAN SOLIS: Yes, it was. COMMISSIONER FIALA: Oh, I'm sorry. Excuse me. CHAIRMAN SOLIS: I'm sorry. COMMISSIONER TAYLOR: That's all right. November 13, 2018 Page 145 CHAIRMAN SOLIS: And you're next. You're after Commissioner Saunders. I'm trying to keep track of who's talking. COMMISSIONER FIALA: Oh, I'm so sorry. COMMISSIONER TAYLOR: But I did want to ask you a question. What if we made the RFP for seniors in Manatee Park, only for seniors? We can write this RFP any way we want. COMMISSIONER FIALA: Well, you can, but I don't know that -- I know we talk about seniors, but in our section of town, we don't have a need for it because it seems that most of the seniors are already in housing. We've even had, you know, feeding programs, but we can't get them out to the park to use it. Maybe there are seniors that need it elsewhere. But we do have housing here, as I say, all of these things that I just named. The seniors can go there, too. There's no restriction on age. COMMISSIONER TAYLOR: I'm not sure I know what to answer. COMMISSIONER FIALA: Well, I'll tell you something else. I talked with Nick Kouloheras one time when he was at the podium, they want to build another Habitat Village over on Whitaker Road. And I said, it's all seniors in there. Why not build a Habitat Village -- you remember that, Nick? Why not build a Habitat Village just for seniors. That's the right price for those that, you know, are on a budgeted income and so forth. Why don't you build it over there? And at that time Nick said, well, we don't build housing for seniors. But I've heard that they're thinking about doing it differently. So maybe that will fill that bill. COMMISSIONER TAYLOR: I think you need to talk to Dr. Faffer about the need for seniors in this community. And I think housing is a fundamental need no matter what part of this county you live in. And the idea that a needy senior would not move to Manatee flies in the face of reality. November 13, 2018 Page 146 And I would remind you that the neighbors of Manatee Park did not want baseball fields, did not want soccer fields, did not want playgrounds at Manatee Park. They're talking about a garden. So the idea that you need to have Manatee Park for children flies in the face of the demands of the neighborhood surrounding it. Thank you. COMMISSIONER FIALA: Why don't you build some in the City of Naples? COMMISSIONER TAYLOR: We have no land, ma'am. CHAIRMAN SOLIS: Are you finished? COMMISSIONER TAYLOR: Yes, I am. CHAIRMAN SOLIS: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Actually, Commissioner Taylor -- this is not part of my comment, but I just thought of this as you were being asked, why don't they build some affordable housing in the City of Naples, the City of Naples actually could provide some funds for building affordable housing outside the city. COMMISSIONER TAYLOR: Or there's another area within the city that I'm working on now -- COMMISSIONER SAUNDERS: Okay. COMMISSIONER TAYLOR: -- to build. COMMISSIONER SAUNDERS: That was just kind of a random thought, because we could use some help. I'm going to ramble a little bit and make a few comments that may ultimately come together. But we have in our one-cent sales tax a Workforce Housing Land Trust Fund that will be funded up to $20 million, and that's certainly going to give us some flexibility in terms of acquiring land and being able to build workforce housing where we think it best should go. I kind of envision workforce housing more as an infill than kind of a stand-alone type of a project on a big parcel like the Manatee Park November 13, 2018 Page 147 parcel. The Bembridge parcel, I think, fits that category perfectly, that it would be infill. It's in a good location. It's not going to have a negative impact on any existing neighborhoods. I also think that we have to be very careful about giving up our park property. We may not see much of a need for that park. We may have an excess of parklands today, but I don't think that's necessarily going to be the case 20 years from now, so I'm a little cautious about taking park property that people have relied on as they made their decisions on where they want to live and then turning that into housing. I also took a look at the votes from the different advisory boards that we have, and there was unanimity with AHAC and PARAB in terms of the Bembridge property, moving forward with that. But there was actually more no votes on the Manatee property than there were positive votes. So I think it's probably good for us to listen to our advisory board, because their job was to try to find locations for workforce and affordable housing, and they're basically saying no to the Manatee site. I do have a problem with this 0 percent to 140 percent, and I realize that we have a certain target, but I think we need to define what that target is. You said -- I think you may have said perhaps it should be 30 percent to 140 percent. At one point you said below 30 percent to 140. That doesn't clarify anything. So I'm going to want some clarity on that income level. But I agree with Commissioner McDaniel that we should separate these two, because they're two, really, separate independent projects; take a vote on Bembridge, and then take a vote on Manatee. I would certainly concur in that. But I think that the good news is we don't have a crisis at this point. We may get to that point. So I think we have an opportunity to November 13, 2018 Page 148 kind of get our feet wet a little bit, if you will, with Bembridge, trying to do a county public/private development partnership there with up to 84 units, see how that works, get the kinks out of the system, and then start looking at other infill locations would be my recommendation. So, Mr. Chairman, I support the Bembridge site going forward with the 84 units or up to 84 units. I'm not going to support the Manatee location at this point. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: You know, what I was going to say -- but I don't want to argue or anything, so I'm going to skip it. Oh, yeah. I was going to tell you all the existing places we have that aren't on our calculated list, but I'm not going to do that. It's not important. I agree with you, Commissioner Saunders. I think that that's a good way to go, and I'll leave it at that. CHAIRMAN SOLIS: The only comments I'd like to make is I agree we need to listen to our advisory committees. That's what they're there for. But as I've said in a lot of these situations in other context, you know, having a discussion and looking into the possibilities could lead to alternatives that we didn't even think about. And just an invitation to negotiate process is that; it's looking into the possibilities. Maybe there's some ideas out there for the Manatee site that we hadn't thought about that would make sense. Maybe it's for senior housing. Maybe it's something else. I mean, I just -- I hate not to be open-minded when we're discussing these things because things change, and there may be some ideas out there that, you know, might be worth looking into. So while I'm concerned about the amount of parkland as well, I don't want to just foreclose the ability to have a discussion with whoever would be interested in doing something on the site. And maybe there's alternatives for using the site where it's not just a straight line going north/south and this is housing and this is something else. November 13, 2018 Page 149 So, you know, ultimately, it's going to come back to us, and we're going to have to decide which one of these we would go forward with, right? I mean, we're just talking about initiating a process to have discussions with the companies or whoever showed an interest in the properties, right? MR. OCHS: Correct. CHAIRMAN SOLIS: So I don't want to foreclose that at this point. Ultimately we'll have to make a decision whether it's the right thing to do, but there's no harm in, I think, going forward and at least having a discussion. And I keep saying this on a lot of different things that we look at. So that's where I am. And, ultimately, it could be, you know, that the concerns about parkland outweigh the housing issues. So that's all I'm going to say about that, in the words of Forrest Gump. COMMISSIONER FIALA: And I do have a question, if I may. May I ask you, what is the name of that thing that they're building right there on Thomasson? Something Sabal. MR. GIBLIN: It's part of the Sabal Bay DRI. COMMISSIONER TAYLOR: Springs. COMMISSIONER FIALA: Thanks. Springs at Sabal. MR. GIBLIN: Springs at Sabal Bay. COMMISSIONER FIALA: Okay, fine. How many units are going in there? Those are all rentals, right? MR. GIBLIN: It's on our sheet. I can look it up. COMMISSIONER FIALA: I don't know, maybe about 400 or so, 450. So I didn't mention that those are also going in there. Another thing is, on the Manatee property, I hinted at it earlier but didn't get into it at all, and that is I got a call -- and I said something about the Chicago company. They want to build 800 units on that same road, Manatee Road. Now, of course, I don't know how they could ever get 800 with all of the things that are going, but they November 13, 2018 Page 150 certainly can't get 800 in this property. Would you prefer to have them build it and leave this property alone and let -- I don't know that they can get 800 in there. I don't think the roads can even accommodate what's in there right now. You have to look at Norm to find out for sure. But if it could, there's 800 homes that we could have right there on that same street along with the 498 -- or 493 that are going on that same street right now. You know, you have to think about that, too. I mean, you can only fit so much into that nutshell, and you're going to explode it. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Mr. Chairman, you know, I applaud you for wanting to keep an open mind and give consideration to alternatives that might be availed to us that none of us have actually thought of. But I ask you to give due consideration to the utilization of our staff's time. And it's -- why don't we discontinue our efforts on the Manatee site for now, explore the Bembridge property, see what type of alternatives that we get back from there. And in the event -- if it is, in fact, successful and goes forward, then we can -- if we have to explore the Manatee site in the future, fine, but I see no reason for us to continue to expend staff's time, or advisory committees' time on a piece of property that isn't really conducive for this type of use. COMMISSIONER FIALA: And that they can't build on for 10 years. COMMISSIONER McDANIEL: That's a park. They could do the housing. COMMISSIONER FIALA: That's where they said, on that property. COMMISSIONER McDANIEL: I have to get my glasses. MR. OCHS: Excuse me; what was that comment? COMMISSIONER McDANIEL: I don't have my glasses on. November 13, 2018 Page 151 MR. OCHS: No, I mean from Commissioner Fiala; that they couldn't -- what couldn't? COMMISSIONER FIALA: Oh. On our page here it says this is not funding anticipated -- oh -- yeah, there is no funding anticipated to be available for any development on the Manatee Park site for 10 years. MR. OCHS: For the park. CHAIRMAN SOLIS: Park. MR. OCHS: To build the park, not that you couldn't build -- COMMISSIONER FIALA: Well, I'm looking at where it says housing, so let me go read it again. If they said park, I'm sorry. MR. OCHS: Yes, ma'am. COMMISSIONER McDANIEL: That was what that was for. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: Let me make a question then a comment. Mr. Ochs, what is the underlying zoning on the Manatee Park property? MR. OCHS: I believe it's P, public use. MR. GIBLIN: Public. COMMISSIONER SAUNDERS: So it would have to undergo a rezone. MR. OCHS: Correct. COMMISSIONER SAUNDERS: I don't think you're going to have four votes to rezone that property. MR. OCHS: It doesn't appear so. COMMISSIONER SAUNDERS: So I'm not so sure that it would make sense to have our staff spend time working on that initiative. I'm going to make a motion to direct staff to move forward with the Bembridge project, the ITN. As part of that motion, though, I'd like something on the record as to what the income range will be that we're November 13, 2018 Page 152 looking at. If it's 30 percent to 140 percent, that's fine, but I want something definitive there as part of the motion. MR. GIBLIN: Thirty percent to 140. COMMISSIONER SAUNDERS: Thirty percent to 140 percent. So, Mr. Chairman, I'll make that motion on the Bembridge property. COMMISSIONER TAYLOR: I'll second that. CHAIRMAN SOLIS: There's a motion and a second on the Bembridge property. 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: Okay. Is there a motion on the Manatee site? COMMISSIONER FIALA: I make a motion not to approve. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN SOLIS: Any other discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? Aye. Okay. There we have it. MR. OCHS: Yes, sir. Before you leave that item, Mr. Coyman November 13, 2018 Page 153 just wants to refresh the Board's protocol on these invitations to negotiate. Ted, real quickly. MR. COYMAN: Commissioners, just quick. For the record for my name is Ted Coyman, Director of Procurement Services. Since the Board voted to move forward with the Bembridge property, the Procurement Services Division will issue an invitation to negotiate, which is very similar to an RFP. We're going to work closely with Mr. Giblin and Ms. Grant on what constitutes a vision statement for the property; that's the county's vision of what it would like to see on that property. And I just would like to remind the commissioners that you may be approached by interested parties. Once we advertise it, I would encourage you to direct any inquiries to my office to avoid any appearance of a conflict or lobbying. MR. OCHS: And that's part of your procurement ordinance. I just wanted to make sure that if you were getting approached, that you make sure that you refer those it Mr. Coyman. MR. COYMAN: And we anticipate having this out fairly quickly. MR. OCHS: We'll notify you when we actually advertise. Thank you. CHAIRMAN SOLIS: Thank you for the reminder. COMMISSIONER McDANIEL: Yes. MR. OCHS: Mr. Chairman, I'm looking at our -- kind of our roster of registered speakers. I see that most of the remaining registered speakers are registered for Item 11B, although that wouldn't necessarily be our next item in order. But if you'd like to take that item to allow the speakers to speak and move on, we can certainly do that. COMMISSIONER SAUNDERS: Mr. Chairman, I would support that. November 13, 2018 Page 154 COMMISSIONER McDANIEL: I would like that, too. CHAIRMAN SOLIS: That would be a good idea, if that's the bulk of the speakers. MR. OCHS: Yes, sir. Item #11B RECOMMENDATION TO ACCEPT AN UPDATE ON THE STORM WATER UTILITY INITIATIVE AND PROVIDE DIRECTION TO THE COUNTY MANAGER TO DEVELOP A MODIFIED PROGRAM FOR FUTURE BOARD CONSIDERATION BASED ON THE RECOMMENDATIONS OUTLINED IN THE STAFF REPORT - MOTION TO MOVE ITEM TO PRODUCTIVITY COMMITTEE AND WORK WITH STAFF TO COME BACK BY THE FIRST MEETING IN FEBRUARY WITH 3 SPECIFIC ALTERNATIVE SOLUTIONS AND INCLUDES FUTURE ADVERTISING – APPROVED MR. SOLIS: So item 11B was an item that was continued from your October 23rd, 2018, BCC meeting, and this is a recommendation to accept an update on the stormwater utility initiative and provide direction to the county manager to develop a modified program for future board consideration based on the recommendations that Mr. Cohen will outline in the staff report. MR. COHEN: Good afternoon. For the record, Thaddeus Cohen, department head, Growth Management. As the manager indicated, we were asked to come back after the election and have a conversation going forward on our stormwater utility and the update. I'll kind of briefly take us through where we are currently. We manage stormwater for flood control, water quality, and regulatory requirements. November 13, 2018 Page 155 As was stated in our last time we've had a chance to meet, there's challenges in our system. There's no question about the issues that are faced; aging infrastructure, inadequate maintenance, lack of equity in the current funding approach, and reactive in our program rather than being proactive. We have two levels of primary service. One is our system, the day-to-day management to ensure the system is running efficiently and effectively, and the other is our capital projects. So as we've been talking with you, we've had these two pots of considerations that we've been thinking in terms of how it is that we can take our guiding principles, being more proactive: The cost of being able to go back when systems start to collapse, and that's been an ongoing issue for us; the size of our system and how it is that we can provide the resources to be able to maintain that system; and then the fact that we're trying to get to a level of service that's more closely aligned with the industry standards. And within that context, we also have our level of service, our capital side, and you'll hear more about that as part of the AUIR conversation. But we're basically having somewhere in the neighborhood of $5 million per year. On our capital side, we have $120 million of need that needs to be addressed, and we have a shortfall. Some of the things that we took from our takeaway from September, the two meetings on the 6th and the 19th as well as in October, is how it is that we're going to move forward to be able to target our public outreach, bring in additional stakeholders. We're talking in terms of having the possibility of meeting with the Productivity Committee. We've done that initially to be able to get some of their input, and then we heard from the CDDs that we need to address some of the issues that they have being special districts with how they manage their water. So that's one of the things we're here November 13, 2018 Page 156 today to be able to ask you to allow us to go forward. Other takeaways was for public schools and government buildings, how those are assessed, the accuracy of our data. As you know, we had that long tail for the driveways that we removed from the process. We continually are starting to refresh that GIS information so that we can identify issues as we move forward. Another question was, how will the money be spent? One of the questions that were being asked is, are we ready to go with the capital projects? And we've been able to show those; being able to talk in terms of some of the benefits that people have from the large lots. So, again, key takeaways is commercial projects -- excuse me -- commercial properties, how we'll be able to meet with them and talk with them about their maintained systems; similar with churches, whether or not we can assist those because of the good services that they provide to the community; and, most importantly, this dedicated source of funding is not diverted to other projects or other types of activities. The stormwater utility fee would be segregated, and that would be a dedicated source of funding. So what we want to be able to do is -- again, as we speak before you today, is to be able to take that recommendation for the things that we learned from where we are today, be able to continue our community outreach, be able to talk in terms of reducing the tier system, as we've indicated, make it a little bit more simple, add more clarity to what it is that we're doing, be able to get input from our stakeholders, and then be able to come back to you in February with a recommendation on how to proceed. That ends our presentation. That's where we were at the last -- just prior to the election. CHAIRMAN SOLIS: Commissioners, do we hear from speakers first, or do you want to ask questions of staff? COMMISSIONER SAUNDERS: I think I'd like to, perhaps, November 13, 2018 Page 157 kind of -- first of all, are there any speakers that are in support of moving forward with this stormwater utility? Are all the speakers here in opposition to it? Mr. Chairman, I think that we might be able to shorten this discussion a little bit. You know, I've kind of gone full circle. I'm number three on the list here, so I can shut up and wait for my turn. CHAIRMAN SOLIS: Well, actually -- well, the question was, do we want to hear from the public speakers prior to commissioner comments? Because you're actually second. COMMISSIONER SAUNDERS: I was suggesting -- CHAIRMAN SOLIS: Commissioner Fiala was first. COMMISSIONER SAUNDERS: I was suggesting, depending on the consensus of the board, we may not need to hear from the speakers if they're all here in opposition to this. That's why I said we might be able to -- COMMISSIONER FIALA: I have just a couple simple questions. Do you have a targeted amount of dollars you must receive every year or not? MR. COHEN: Yes. Currently we're around $15 million to be -- COMMISSIONER FIALA: Now, what are you hoping to derive out of this? MR. COHEN: On an annual basis? COMMISSIONER FIALA: Yes. MR. COHEN: Somewhere in the neighborhood of $15 million. COMMISSIONER FIALA: Oh, okay. So then that's what you're hoping to get out of this. Can you derive that -- I mean, do you have to have that amount, or could you start off with what we began months ago, which was a really simplified method of going about this and say everybody just donate -- for all homeowners, it's $120 a year, period? Now, and businesses, you have to figure out a fair figure for them. Can that be -- November 13, 2018 Page 158 MR. COHEN: And the answer to that is yes. And part of, I think, what we're asking for is the ability to have that conversation to do exactly -- COMMISSIONER FIALA: Well, that's good, because it's so confusing in here. Again, I thought, if you just make it simple and say it's $120 for all single-family homes and it's $200 for all businesses and, you know -- or whatever it would be, I don't know. I'm just throwing things out. Make it easy. MR. COHEN: What we're looking for is the ability -- with your approval, is to have that conversation. So it's to be able to go out to the commercial properties, see what it is that they have, and as you've indicated, be able to come up with a number that's reasonable that gets us to being able to meet the industry standards and to be able to handle the capital projections we have at the same time. So we're not sure exactly where that number is, but I think allowing us to go forward and having that conversation, we'll be able to get you to that number. COMMISSIONER FIALA: Then the thing that confuses me -- don't forgot, I'm easily confused, okay. But here they have the credits for things -- first of all, that's confusing to people. If you have so many -- so much land, then you get a credit, and so much you didn't, and I think it's more important for us as a county to make it simple. Straight to the point. MR. COHEN: And we've heard you, and that's part of what we're working on currently is what you've just talked about, which is simplification. So I think part of what you would see when we come back in February is a system that is still fair, that is simplified, and that is easier to understand. COMMISSIONER FIALA: Was it explained here? Because I wasn't -- November 13, 2018 Page 159 MR. COHEN: It's not explained here because of where we left was where we are currently. What we're asking is to be able to go forward so that we can develop exactly what you're talking about. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Okay. Now, Commissioner Saunders? COMMISSIONER SAUNDERS: Okay. I agree with Commissioner Fiala that we need to keep this simple. And it seems to me -- and I've kind of gone full circle. I had this conversation with Mr. Ochs Friday that I was supportive of moving this forward to have the conversation, but I think I've done a 180 on that. And I hate to do that to staff because I've not had an opportunity, but I just kind of came to this conclusion sitting here today. The citizens of Collier County voted to levy a one-cent increase in the sales tax. That's going to generate $420 million -- or $60 million a year for the county for needed projects. Now we're looking at, well, let's see if we can just charge single-family homes a certain amount and charge businesses a certain amount but don't charge these people because of the good work they do. That is just way too confusing. It seems to me that this should be funded in our valorem taxes. What levy of ad valorem taxes would it take to generate $15 million a year, just estimate? MR. OCHS: Quarter mill. COMMISSIONER McDANIEL: Yeah, .25, Commissioner Saunders. COMMISSIONER SAUNDERS: .25. And I'm not suggesting that we have a .25 millage rate for stormwater to generate that 15 million, but we need to generate a certain amount of money to do maintenance and keep ahead of the game. I don't know that it needs to be $15 million a year. But I think my view is, it's much more simple if we just put this in our ad valorem taxes at this point and not try to figure out some sort of a stormwater utility, because there are going to November 13, 2018 Page 160 be people that are going to -- you're going to have CDDs that are going to be unhappy about -- no matter what you do. Charging our residents another $120 a year when they've agreed to pay the one-cent sales tax, I think, is a mistake. And so my view is, let's shelve the stormwater utility. Let's talk in terms of using ad valorem taxes for stormwater since we have the sales tax revenue coming in. That's why I said, maybe if there's a consensus, we don't need to hear half a dozen people say that they don't want us to move forward if there's a consensus not to move forward right now. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm number three or four. CHAIRMAN SOLIS: You're -- COMMISSIONER FIALA: Up next. COMMISSIONER McDANIEL: I'm off the list. Yes. CHAIRMAN SOLIS: Sure. COMMISSIONER McDANIEL: To say it quite simply, I am not in favor of this initiative at all. I think management of the funds that are requisite for what we have going on need to be managed in a different manner. And I am not in favor of -- so deferring it for another year or continuing it on for a further discussion of an inclusion in the current ad valorem or an increase in ad valorem are all getting to where I ultimately would prefer to see us go. I concur with both of you in that the complexity with this current utility is ludicrous. And I've followed it. I've watched it. I've tried to understand it. And it's -- it goes around -- without any deference to our staff or the consultant. I mean, they've worked extremely diligently to develop this, to come up with this, to make it as fair of an initiative as is possible, but the complexity is just -- it's just far too much. I mean, there are alternatives if, in fact, you folks believe that a utility is the path -- that a fee is the path that needs to be traveled, there November 13, 2018 Page 161 are alternatives to satisfy this. But the current -- this current system is just far too complex. MR. OCHS: And we acknowledge that, sir. That's what we're asking the opportunity to simplify. CHAIRMAN SOLIS: Simplify. MR. COHEN: And one of the things, if I may, is to provide you-all with options. COMMISSIONER McDANIEL: Can I ask a question, Leo, Mr. Ochs. MR. OCHS: Sure. COMMISSIONER McDANIEL: Why haven't you just done that? It's been -- it's been mentioned to you, to us for months and months and months that this system that's been brought forward is -- UNIDENTIFIED SPEAKER: Garbage. COMMISSIONER McDANIEL: Well, I'm not going to say that out loud on TV. So why are you asking permission to do something that just makes sense? MR. COHEN: Well, because that's where we are. After our last meeting -- what we heard after that presentation that we gave the last time was simplification, being able to talk to the Productivity Committee. We were given directions to be able to move forward but to come back to you to be able to outline what our steps would be. So here's where we are. So we're saying, if you let us do this, then what we would do is take a look at ad valorem, take a look at the fee, because we're trying to see if there's an opportunity to provide a mix of funding mechanisms to be able to have a dedicated source. We understand your concerns of how we could manage this slightly better. The question, are we ready to go with our projects? How can we be able to ensure that we have some level of stewardship of those dollars? Being able to move through this process, we can identify that simplification, eliminating the credits, having meetings with the CDDs. November 13, 2018 Page 162 So you asked us to come back before you with what our game plan would be. We're showing you that game plan, and we're providing you with those timelines. So that's the reason why we haven't shown you a document at this point that says here's how we're going to address the issues that you have. We had to come back and ask you to allow us to go forward and do that. COMMISSIONER McDANIEL: You brought up a good point. And I forgot to mention this. I am the liaison for the Productivity Committee, and they formally asked me to ask you, the Board, to give direction to our staff to allow them to be the public liaison. We don't have to appoint a new advisory committee or anything. They would explore these alternatives with our staff and bring it back to us. That was a month or so ago -- MR. COHEN: Correct. COMMISSIONER McDANIEL: -- that they asked that. And I have it in my notes, but I forgot about it. Thank you. MR. COHEN: We try to help. COMMISSIONER McDANIEL: Yes, sir. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: It is my turn. So I think, perhaps -- February is what? December, January, February. So we've got five meetings, maybe five meetings, right? One in December, two in January, two in February. So, really, four meetings, and then we either put this to bed or bring it forward. But maybe we just need to go back and see if we can make it right. And maybe we can't. But let's give it a shot, I think. And, yes, it's staff time but, frankly, staff are the ones who are taking the calls for people that are flooding and have had tremendous damage in their homes, and it's not just in my district. In Logan they've had terrible trouble. Up in, I think, Chairman Solis' district, they've had a lot of flooding. Flooding everywhere. November 13, 2018 Page 163 COMMISSIONER McDANIEL: If I may, if you're looking at me when you're saying that. COMMISSIONER TAYLOR: I am. COMMISSIONER McDANIEL: This is very similar to the housing initiative. The discussing is not about need. It's about the prioritization of the expenditures. I have a simple question. How much money did our Tax Collector hand us today? COMMISSIONER FIALA: Eight million dollars. MR. OCHS: Eight million. COMMISSIONER McDANIEL: What are we going to do with that? MR. OCHS: Whatever you want to do with it. UNIDENTIFIED SPEAKER: Spend it on the stormwater. MR. OCHS: It's part of budgeted -- CHAIRMAN SOLIS: Sir, I think you've signed up, so please, you're not by the microphone. COMMISSIONER McDANIEL: And, Commissioner Taylor, those are the discussions that I would like to have as far as what the prioritizations of what we do with the available funds that we, in fact, have. It's a discussion point that should be addressed. Last year the Tax Collector handed us a check for close to $6.2 million, similar time frame. Those are discussions that I would like to have as alternative sources to support this need. The argument isn't the need. You've -- you well established that back in February when those folks came forward and showed those things. The discussion -- it's not an argument. The discussion needs to be how we support the need, and that's -- and there are many alternatives to support that need that don't require raising taxes. MR. OCHS: Commissioner, I just need to clarify. All of the turnback revenue that comes annually from the constitutional officers November 13, 2018 Page 164 is part of your budget. It's budgeted revenue. It's not found money. CHAIRMAN SOLIS: It's not found money. COMMISSIONER FIALA: Sounds found to me. COMMISSIONER McDANIEL: Thanks for the clarification. MR. OCHS: You're welcome. CHAIRMAN SOLIS: Commissioner Fiala, you put your button on, but I haven't -- everybody's gone, and I'd like to say a few things -- COMMISSIONER FIALA: Sure. CHAIRMAN SOLIS: -- because I think it's important to -- in my own internal deliberation on this thing, is to go back to where we started. Prior boards, prior to this board, other than, I think, Commissioner Fiala, came to the conclusion that creating a stormwater utility was something that was really important. Was that an overstatement? Right? I mean, this is something that's been discussed by numerous commissions that's of vital importance to the community. Not having a functioning well-maintained system, in my view, is not an option. It's just -- you know, we were lucky with the hurricane that we didn't have the kind of flooding that was anticipated. So, you know, we have to do something. Whether it's a fee or an ad valorem increase, I mean, it's an increase. I mean, I'm not sure how -- one or the other. But I think that, again, letting the staff go forward and do an analysis, it may be that it's not as simple and it can't be as simple and we end up with an ad valorem, you know. I hope not, but -- because I don't think that's the fairest way of doing this, and that's what has been recommended to us. So, again, we told the staff to come back to us. If they were to get permission to go forward and try to make this simple, address the concerns that came out of the last set of hearings in the marathon hearing and further discussion with the community -- COMMISSIONER TAYLOR: When you were in a bar. CHAIRMAN SOLIS: Right -- I was not in a bar. I was not in November 13, 2018 Page 165 Ireland, and I was not in a bar. I just want to clarify that. COMMISSIONER TAYLOR: I'm teasing. He wasn't. He was really sick. CHAIRMAN SOLIS: I wish I would have been in a bar. COMMISSIONER McDANIEL: Pretty funny. CHAIRMAN SOLIS: But, again, I just thing we've asked the staff to do their job. We need to let them do it. Ultimately, the policy decision's going to be up to us. But, again, we can be foreclosing a discussion that may lead to something that is meaningful and will work for everybody. And I just -- I'm not in favor of precluding that. So that's all I'm going to say about that. COMMISSIONER McDANIEL: Another Forrest Gump. CHAIRMAN SOLIS: Right. Commissioner Fiala. COMMISSIONER FIALA: I love the idea about the Productivity Committee, and maybe staff can work with the Productivity Committee. Sometimes studies -- studies leave questions in your mind as to how the figures were derived. So maybe working with the Productivity Committee and they working with staff as they're putting this together -- and then when -- as they're working and deliberating, then it's open to the public, so the public can also participate. You get that all taken care of, and then you bring your final conclusions to us, you know, blessed by the Productivity Committee, and maybe we can move forward then. That's it. I'm done. CHAIRMAN SOLIS: And I would just like to add that if the pleasure of the Board is that the Productivity Committee be assigned this, we need to do that. Because the way the productivity ordinance reads is that they're going to review departments and things as directed by the Commission. COMMISSIONER McDANIEL: That's correct. CHAIRMAN SOLIS: So I think if that's the pleasure of the November 13, 2018 Page 166 Board, I'm -- I'm not so sure that that's the right place for this to be, but if that's the pleasure of the Board, I think we need a motion to officially direct them to do that as opposed to -- and we need to frame what they're supposed to be doing clearly. COMMISSIONER FIALA: As soon as we hear from the speakers. COMMISSIONER SAUNDERS: Mr. Chairman, just one last comment. Life is like a box of chocolates; you never know what you're going to get. Unfortunately in Collier County, I'm afraid people are getting tax increases in their chocolates. And we did the tourist tax, we did the sales tax, and I -- quite frankly, I was pleasantly -- not surprised, but very pleased that that passed. And we have not gone back to the rolled-back millage rate for the two years that I've voted on the budget. We've stayed at the same millage rate. So that's a tax increase. I think it's time now for us to not look for a new revenue source for this type of a project. We need to do more for stormwater, there's no question about it, but I think that's a matter of prioritizing the revenues that we're getting. And so that's why I'm opposed to moving forward. I have no problem with the Productivity Committee taking a look at stormwater and how to solve our stormwater issues from a financial standpoint, but in terms of do I want to move forward with a stormwater fee? I do not. Even if the productivity came back and said -- committee came back and said, let's go forward with the stormwater fee, I probably would oppose it at this point because I think there's some -- you know, I hate to say it, but I think our citizens are starting to get a little fatigued with tax increases, and this is just another tax increase. And if we want to find a way to fairly fund stormwater without getting into this church did good things, we're not going to assess government buildings, you know, all of those types of issues, they just November 13, 2018 Page 167 all go away if we just pre -- prioritize some of our tax revenues. That way everybody's paying their fair share, because that's the way our tax system is set up. So I'm opposed to moving forward with the stormwater utility at this time. COMMISSIONER FIALA: I have a question. Have we -- because we've had some tough times with hurricanes and helping our neighbors out as well, hurricanes and so forth. Have we had to cannibalize the stormwater fee to a point where if we didn't do that anymore it would give us a sufficient amount of income? COMMISSIONER McDANIEL: Absolutely. MR. OCHS: Yes. Ma'am, there's never been a stormwater fee, first of all. You've funded your stormwater program out of your ad valorem revenues. We had a target for up to .15 equivalent millage to try to fund our program -- COMMISSIONER FIALA: That's what I meant by the fee. I'm sorry. MR. OCHS: -- but when we got into the recession, and since then, we haven't raised -- we haven't allocated that kind of revenue against the program. So that's been the problem. COMMISSIONER TAYLOR: And I would remind everyone that during the recession -- and I wasn't here but, Commissioner Fiala, you were -- we reduced the ad valorem. We didn't raise it. COMMISSIONER FIALA: We kept the same millage rate, right? COMMISSIONER TAYLOR: No, it dropped. We rolled it back one year. One year we did. COMMISSIONER FIALA: Oh, I see. I've forgotten that. I thought we just kept the same millage rate forever, for at least many, many years. COMMISSIONER McDANIEL: In 2010, I believe it was. COMMISSIONER FIALA: Oh, well -- okay. Eight years ago. November 13, 2018 Page 168 So about that. CHAIRMAN SOLIS: Commissioner McDaniel, did we want to hear from the public speakers, or do you want to go ahead and make your comments? COMMISSIONER McDANIEL: No, I'll be happy to hear from the public speakers. CHAIRMAN SOLIS: Assuming they still want to speak. COMMISSIONER McDANIEL: Or I can make a motion if you want me to. COMMISSIONER TAYLOR: You've been here all day. MR. HOOLEY: I'd like to speak. MR. MILLER: I'll be ready to run through this list. CHAIRMAN SOLIS: Mr. Hooley wants to speak. MR. MILLER: Ron Albeit. I don't think all of these people are going to be here. Rae Ann Burton? COMMISSIONER McDANIEL: She's gone. MR. MILLER: Garrett Beyrent is here. He'll be followed by James Lamboy. James Lamboy. MR. LAMBOY: Here. MR. MILLER: So you'll be our second speaker. If you could wait at this podium. MR. BEYRENT: Okay. For the record, I'm Garrett Beyrent. And the problem I have is that I'm wondering where these initiatives come from. It's like staff brings up a proposal and says, I would like you-all to approve the vacation of this easement across the middle of my property. Wow. Well, nobody bothered to tell the property owner, and it's a headache for me. Just like the initiative, where is South Florida Water Management in this? The initiative that you're proposing that I know nobody wants anyway, but is it even legal? I mean, is it -- we've got this nightmare, November 13, 2018 Page 169 all this green algae growing in canals because we have way too many nutrients in water because the water's not flowing out into the Gulf of Mexico the way it used to because we've got too many golf courses, 93 golf courses. And I question the whole idea of funding a source that I don't even know if it's legal or not. So I thought maybe you might want to suggest that Jeff Klatzkow looks into the legality of this whole initiative and water management in general related to the guidelines of South Florida Water Management and what the responsibility of the state is. That's just my opinion. Thank you. CHAIRMAN SOLIS: And I'll just point out that -- and this is an interesting point, because this kept coming up in the first discussion, that this was something that, essentially, the County Commission is inventing. This is a statutory provision. I mean, the legislature set up stormwater utilities. MR. BEYRENT: Right. CHAIRMAN SOLIS: We're not thinking this up. MR. BEYRENT: See, I'm thinking -- CHAIRMAN SOLIS: This was created by the legislature. MR. BEYRENT: I'm wondering, every time I turn around it's like, hey, the staff suggested that we should study this, and it come back and all of a sudden I'm looking at a project next to me that's denying me access by cutting out a 200-foot stretch of a road easement that gives my project direct access to Santa Barbara Boulevard. And this kind of stuff is, like, coming up in front of you, and I'm just wondering where this came from. All these consent-agenda items and items that pop up that are suggestions, all of a sudden they're, like, laws. And I'm looking at a piece of property I don't have access to anymore, like a tower site I'm working on. And it's kind of like I'm wondering where the legality at is relative to surface water November 13, 2018 Page 170 management in general. And this stems all the way back to my first lawsuit when I sold the Lakewood division to U.S. Homes where they came back and sued me because I was developing the Glades, and they wondered, where's the water going? Is it going to be backed up all the way to 951 from the Haldeman River? And that's actually what happened. We had to put weirs everywhere, and the whole water management issue went south, and it sounds like the same repeat of what I went through back in 1974 when the sewage was backing up in Lakewood Boulevard because they had water issues. It's kind of like, who's in charge of this program? You know. And I'd like you to just -- my suggestion was just ask the County Attorney whether or not it is the responsibility of the county to even be involved in this when you have South Florida Water Management. Thank you. MR. MILLER: Your next speaker is James Lamboy. He'll be followed by Tommy Turner. MR. LAMBOY: Good afternoon. Commissioner Saunders and McDaniel had brought up a couple of interesting points, and I think I'll get back to them in a moment. But I think what you have here is -- when Commissioner Saunders mentioned, should we be going forward, are people opposed, I think the need is very important, and I don't think there's a -- I think a lot of the negativity that's occurred so far has been about the design of the system and what's been presented up to this point. An awkward start was certainly that letter in August. But that being said, I don't think there's quite as much of an issue about the need for this. And, again, you all seem to be in that same vein. But you have opposing issues here. I hear one commissioner saying they want it simple, and then there's a -- if you're going to go November 13, 2018 Page 171 with the idea of a utility, it needs to be fair and equitable. So if you want simple, perhaps it should be done in the ad valorem taxes or in some other fashion. If you want something that is more responsive and looks at the total system, then you need the utility. Now, Commissioner Saunders again mentioned there's a certain level of fatigue. Layering taxes might not be quite as appealing to a number of the constituents out there. So, again, I think it's -- there's a need. I don't think there's a -- there's not going to be a vast argument about that, but you do need to -- you know, if you want simplicity, perhaps ad valorem taxes is what you should be looking at, and that's the guidance you should be giving to the staff. If you want a fairer system that really responds to what's going on out in the community and the county, then you need a little bit more elaborate and perhaps confusing system. Thank you. MR. MILLER: Your next speaker is Tommy Turner. He'll be followed by John Hooley. MR. TURNER: For the record, I am Tommy Turner. I'm from Naples, been here all my life, born and raised here; been here about 60-some years. My thing is they're talking about stormwater. What are we -- what stormwater? Are we talking about when the tropical storm comes by? The hurricane comes by? The natural water fall that we get on a regular annual basis for rainfall? Naples and Collier County has been able to handle annual rainfall. And I don't care where you go at in Collier County, when we get bad storms, there's areas that congregate massive amounts of water. Good example of it, I was born in the '50s, growed up down on 10th Street. That section of the road still floods today. The city's November 13, 2018 Page 172 collected tax money ever since they've encrypted (sic) that. They have never been able to handle it. They have alleviated it some. Still going to have flooding down on Central Avenue. You're going to have flooding on Gulf Shore. You're going to have flooding down in Gordon Drive. The city still collected that money and still haven't alleviated any of the stormwater; if that's what you want to call stormwater. I don't know what we're classifying stormwater as. Are we talking about when the hurricane comes by and we get a massive amount of water? And until the Gulf of Mexico recedes and goes down five-and-a-half feet, it won't take and pull the water out. If the tide's high -- that's why they talk about storm surge; it's because whenever the ocean and the Gulf of Mexico is up high and the wind comes in and we've got a driving northeast wind, it will blow five to six or seven or eight feet of water up on onto Collier County, all the way to Immokalee if possible. I don't know that cleaning out an 18-inch culvert's going to help in Golden Gate City, because there's only a few places the water can travel, and it's all got to go west or south. And the only other thing you can do is lift up all the roads, take and make a throughfare with canals all the way to the Gulf of Mexico starting with Pine Ridge Road, go down to Vanderbilt Beach Road, take Golden Gate Parkway, and then just come on out to Davis, and then run 951 on into the Gulf of Mexico and just put all the roads up above it and just make that thoroughfare canals, because that's the only way you're going to alleviate all the water that's going to be contained in Collier County at one time. And we get hurricanes, and we get storms, and I've seen them over the years. I've seen bad storms in the summertime. I've seen some northwesters come in and flood the Moorings. Back in the '60s, we'd get that. Then they'd run out and get some rocks and put them around Doctors Pass and try to keep the water from going back in there, and then the city would take all the equipment, run it in salt November 13, 2018 Page 173 water, and then we'd need new equipment about two, three years later because the salt ate it up. So I don't know if we're talking about massive amounts of stormwater or if it's regular maintenance that the county is talking about needing to do with our storm drainage ditches or what it is. But I'd like a clarification on what we're talking about stormwater. Because if you're talking about coming from a hurricane or a storm or an out-of-the-moment storm that comes out of the Gulf of Mexico and pushes a lot of rain on us, I don't know that there's anything the county can do with that. And I don't know how much money we need to maintain what we've got, but I know that a lot of the citizens aren't in for any more tax money. They're not in for getting another bill from the county for anything other than regular maintenance. No different than they've done with the -- CHAIRMAN SOLIS: Thank you. MR. TURNER: -- garbage. I'm sorry I went over my time. MR. MILLER: Your next speaker is John Hooley. He'll be followed by Martha McKee. MR. HOOLEY: I've got an additional three minutes that's been ceded to me by Ms. Alderuccio. So before you start the thing -- MR. MILLER: I just -- she did not indicate that on her slip, but I do have your slip. You'll cede your time? MS. ALDERUCCIO: Yes. MR. MILLER: Thank you. You are ready to go. MR. HOOLEY: Well, you know, I was here last October, and it just seems like yesterday where you kept me here late, but I'm going to go over the same stuff, okay? Now, my commissioner is Burt Saunders, and he's right. This should be -- you're my commissioner? COMMISSIONER McDANIEL: You just can't vote for me. MR. HOOLEY: I can't vote for you. Okay, fine. November 13, 2018 Page 174 So here's the deal, okay. We pay our taxes for seven basic things: Those are law enforcement, fire protection, health services, traffic operations, building and zoning, courts and recording, and stormwater management. This is why I pay my taxes. This is why everybody pays their taxes. And now you're going to tell me that you're going to give me a utility called stormwater. I don't care what Commissioner Solis says about it being mandated. Everybody in the room knows that you're calling it a utility to make people think that it's, you know, fair, but it's not fair. But I'm not going into the -- I've got a -- I sent a report. But if you'll look over there on the screen, you're going to see that the Stantec report gave you what was allocated for stormwater management. So you can see that in 2008 and '9, you were up to $13 million, okay. So as Ms. Taylor said, we had to cut back in 2010, and you did. You cut back to about 10 million. But in the last -- since 2011, so for the last seven years, you have cut it in half. You've got six million. You've taken seven million every year out of stormwater management. Now, I've got no idea why you did that, but it seems to me that you should be able to get it back up to the 2008 level without any change in anything. So that's my initial irritation. So then we're talking about crisis. Yes, it is a crisis. Stormwater's a crisis. You know why it's a crisis? Because the county has ceased to fund it. And when I looked at the Stantec report, I just went nuts, so I had to sit here and talk to you guys. So here's the deal. If you look at the next page, you're going to see up at the top in the '16/'17 budget, you guys had put in $926,000 for maintenance, and six million, almost seven million for capital projects. Well, guess what? In 2017, you took everything but $42,000 out of stormwater maintenance. I've seen the pictures up there. You've got to clean those things out, right? What have you got for 42,000? Two guys with shovels and November 13, 2018 Page 175 a pickup truck. Really? COMMISSIONER SAUNDERS: One guy. MR. HOOLEY: One guy. One guy. So, you know, I know what's going to happen. You know, in 2019, we're going to have a storm, and the roads are going to be flooded, and that's really what you're trying to do. You're trying to take care of the flooding off the roads, and that's why -- how it's historically been held. But then you're going to say, oh, my God, look at how bad stormwater is. Yeah, stormwater's bad because the county has not funded it. It's a crisis that's been manufactured in order to get us to pay a utility bill that we shouldn't have to pay because it's your job to take care of that stuff for us, and I don't think you're doing it. Okay. So let's go take a look at the other thing before we go back. What's my last one there? If you think that's bad enough, I've got the second to the last page, stormwater operations for next year. Do you remember that $42,000? It goes down to $10,200. And if it didn't get one guy with a pickup last year, I've got no idea what type of maintenance you're going to do for $10,200, really. It's amazing. Oh, and you've got 20,000 for capital budgets. It goes up from 6,000, but you've got to realize that that 20,000 is based on the county's projected income from your utility charges to us. I'm really unhappy about that. And I know that the CDD -- the districts are going to sue you. The districts are going to sue you because they've already charged everybody to maintain the stormwater on site. I live in one. We have preserve areas that keep the water there. We have swales. We have lakes. We don't want to pay for it twice. And since we're charged with maintaining it as well -- you know, Burt Saunders is right, this needs to be in your regular ad valorem assessments. Don't try to come back and tell us you're doing me a favor by taking care of the stormwater when Hurricane Irma comes down. I'm November 13, 2018 Page 176 going to tell you that it's really your job. It's really the county's responsibility to take care of that. And don't send me a bill at the end of the month. Thanks. COMMISSIONER FIALA: Could you give us a copy of this report? MR. HOOLEY: I have emailed one to everybody, but I brought extras just in case. COMMISSIONER FIALA: Oh, good. MR. MITCHELL: Your next speaker is Martha McKee. She will be followed by Steve Gafford. MS. McKEE: Good afternoon. The first thing I think I have to say is I pride myself on being a pretty patient person, but I've got to give it to you guys. This is an ultimate test of patience today. And I am pretty much going to say in a much simpler form what the gentleman just said. But we assumed when you said you were tabling it for a year that there was going to be a year not, like, a month until somebody came back with another plan. So, yes, public input is important, and this is, I guess, the time for it. Here's my public input. You can't squeeze blood from a turnip. And your constituents who are middle-income people and on fixed incomes are the turnip. Stop. I agree with Mr. Saunders and Mr. McDaniel, please, make a motion and table this. Get rid of it now. Instead of forcing us to break our budgets, why don't you adjust yours, which is really our money, but adjust yours. Now, I'm quoting from Brent Batten today. I hope he's not misquoting our County Manager, but the exact quote is, "Property taxes don't deliver enough money for storm management." And I'm saying, it's your job to make sure that they do if you prioritize differently. November 13, 2018 Page 177 Thank you. MR. MILLER: Your next speaker is Steve Gafford. He will be followed by Dawn Smith. (No response.) MR. MILLER: Mr. Gafford? (No response.) MR. MILLER: Dawn Smith? (No response.) MR. MILLER: Michael Ramsey? (No response.) MR. MILLER: I don't think -- I don't believe these people are present, sir. Oh, wait. Michael Ramsey. There he is. MR. RAMSEY: Oh. COMMISSIONER FIALA: He always walks in the room like that. MR. MILLER: Very Kramer like. MR. RAMSEY: Good afternoon. Michael Ramsey, president of the Golden Gate Estates Area Civic Association. As usual, this is a very interesting topic. And, again, we'll come back -- and the conversation today has been interesting. I do believe, as Commissioner Fiala said, let's keep it simple, and I think the other recommendation is to table it and look at it. So I'm not going to say much more than that about it. The recommendation from Commissioner McDaniel, I think, we should follow through on that. Thanks. MR. MILLER: And that is all of our public speakers registered for this item. CHAIRMAN SOLIS: Mr. McDaniel. COMMISSIONER McDANIEL: Yes, yes, yes. Well, I'd like to -- I've been making some notes here, and I was listening to our public speakers. The discussion, the argument -- are November 13, 2018 Page 178 you okay, Mr. Chair? CHAIRMAN SOLIS: I just realized that we're way over for another break for the court reporter. But go ahead. I was getting a signal from her. COMMISSIONER McDANIEL: Well, let's take a break, and then I'll give my comments, and then I'll be better prepared to elaborate. That's a big word. Did you get that all written down? Are you ready? Okay. Well, I'm going to make a motion after I'm done spewing. So the bottom line is the discussion here, the argument here is not the need. The need, as I said earlier, was established back in the spring. You with me, Commissioner Taylor, or where you going? COMMISSIONER TAYLOR: I have a question here of staff. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Go ahead. COMMISSIONER McDANIEL: I am going to go ahead. The need has been created by our predecessors in the budgetary expenditures of the then available funds that Collier County has had available to expend. One of the public speakers shared about the cannibalism of the stormwater funds. You asked about that. You were participatory in that by receiving direction from those that had the available information in making determinations as to where the priorities of the community's expenditures were. The need has been created. The deficits in the capital and maintenance program have been created by the decision makers that preceded us as a County Commission. The need's not the argument. The discussion needs to be how is to satisfy the need. Now, with regard to that, to coin Commissioner Solis' phrase, in an effort to not foreclose any alternative that might be availed to us, I'd like to make a motion that we move this item to the Productivity Committee to come back to us by our first meeting in January, which I November 13, 2018 Page 179 think is -- I know we only have two meetings, but by our first meeting in January, and come back to us with three specific satisfactory -- or satisfactions to this need that is -- that is existent within our community. Is that specific enough of a motion, Commissioner Solis, to -- COMMISSIONER FIALA: Yes. CHAIRMAN SOLIS: I think it is, although I think the staff has to be involved in that. COMMISSIONER McDANIEL: Well, yes, of course. I mean, in an effort to not foreclose the issue, move and direct staff to engage with the Productivity Committee and bring back three alternatives to satisfy this need by our first meeting in January. COMMISSIONER FIALA: Second that motion. MR. OCHS: Sir. CHAIRMAN SOLIS: There's a motion and a second. So now there's discussion. COMMISSIONER SAUNDERS: You want them to come back with three alternatives. The agenda item was to develop a modified program for the future. So your motion does not involve developing a modified program, I don't believe, but you're asking them to come back with three alternatives, and -- COMMISSIONER McDANIEL: And I would like to -- COMMISSIONER SAUNDERS: I'm not sure you can invent three alternatives if you leave out the stormwater utility. What other three alternatives can you come up with? We're asking the Productivity Committee to do something that I'm not so sure is possible. COMMISSIONER TAYLOR: Well, we'll find out if they do it. COMMISSIONER McDANIEL: Yes. And I was just going to say, I mean, I don't know that you want to necessarily have that discussion right now. I mean, we can talk about -- I mean, I concur November 13, 2018 Page 180 with you in that I think it's high time for us to be adjusting our spending habits. I think it's high time for that. But in an effort to work with Commissioner Solis and not foreclose an alternative for this real live need, that the Productivity Committee is a palatable path for us to travel to find -- come up with an alternative other than what's been suggested so far with this utility. COMMISSIONER SAUNDERS: So just so I understand the motion, because we're getting ready to vote on this, and I want to make sure I understand what I'm voting on, this motion does not include directing the Productivity Committee to come back with an alternative that may include a modified stormwater utility? COMMISSIONER McDANIEL: It could. I didn't specify what three alternatives they brought forward. It could be a modified utility. It could be a flat fee structure. It could be an adjustment to the current ad valorem expenditures on how we're managing those. COMMISSIONER SAUNDERS: And, Mr. Chairman, just for the record, I'm going to vote against the motion because I don't really fully understand it, but I -- you know, the issue here is whether or not we want to develop a modified stormwater utility program, and I think we need to put an end to that conversation. This does not do that, so I'm going to vote against the motion. CHAIRMAN SOLIS: Okay. I believe the County Manager would like to make a comment. MR. OCHS: Just two things, sir. I wanted to clarify for the record, that your 2019 budget, current year, contains $8.1 million for your stormwater management program. About 3 million of that is a replacement capital, a repair of failing capital for the stormwater system, and the balance is for ongoing maintenance. So this notion that there's $10,000 in the budget for stormwater is incorrect. COMMISSIONER McDANIEL: And, again -- MR. HOOLEY: Bullshit. November 13, 2018 Page 181 COMMISSIONER McDANIEL: And, again, I wasn't making my suggestions based upon public comments, sir. I have been looking at these numbers. I've been looking at the budgeted amount that we do, in fact, appropriate out of our current ad valorem and the system that we have in place. So I was the one that suggested in September at the budget hearing that we continue this for 12 months, and as an explanation, the 12-month continuance doesn't mean we set it aside and don't work on it for 12 months. In order for staff to be able to have this in -- if, in fact, a utility does become our decision, this has to be part of the budget initiatives that come to us from staff in March, and then we vote in April, and then we have our budget workshops in May, and then we actually set our ad valorem rate along with the fee structures in the first meeting -- only meeting in July. So this is -- this is a part of the system that is currently in place for us to be working on this. So just to reiterate the actual system that's going on here, just because we deferred it in September for 12 months doesn't mean we don't have this conversation. I do concur with you, Commissioner Saunders, that -- and for those that have read the Naples Daily News, I'm the one that spelled the word "fee" t-a-x back when they started talking about this back in March and April. So I'm not -- I don't want to foreclose an idea that might be out there that we haven't yet explored. It might be that we end up not taking any of the suggestions that come from the Productivity Committee. My suggestion is to let them engage with -- or staff engage with them and come back to us with three specific alternatives or methods to support the need. I think we all agree there is no argument about the need. The need's real. So supporting that is the path that I'm looking to go to, so... November 13, 2018 Page 182 MR. OCHS: Mr. Chairman, my only other point was on the motion, would it be possible to do that in the first meeting in February instead of the first meeting in January? COMMISSIONER McDANIEL: I'm fine with that. MR. OCHS: Given the holidays -- COMMISSIONER McDANIEL: I picked January just to -- MR. OCHS: -- and getting some of these committees together may be a little difficult to have it by the first. COMMISSIONER McDANIEL: I'm totally fine with that. I think that certainly gives us time to review, ascertain, and then have it in March for the -- MR. OCHS: And that will be in advance of your budget guidance, so you'll have that all in advance of that. COMMISSIONER McDANIEL: Correct. February's fine. MR. OCHS: Thank you, sir. COMMISSIONER SAUNDERS: And, Mr. Chairman, I'll support the motion, but I'm just going on record that if that recommendation is to come back with a stormwater utility similar to anything that we've talked about, I'm not going to vote to do that. CHAIRMAN SOLIS: Understood. So on the Board -- okay. MR. OCHS: Forgive me. Again, part of the presentation last month when we brought this forward was -- included the authorization to place that legal ad to preserve your option to initiate a fee next fall. So we would still like to go forward with that to preserve that option. It's not a requirement. It's an option for the Board. COMMISSIONER McDANIEL: It's a requirement that we do the legal advertisement to be able to do it should we choose to initiative the utility. MR. OCHS: That's exactly correct. COMMISSIONER McDANIEL: So it's a requisite that we do that portion of the legal notice. November 13, 2018 Page 183 MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: And I can make that part of the motion if you want it to be. MR. OCHS: Yes. Thank you very much. CHAIRMAN SOLIS: And the second is -- COMMISSIONER FIALA: Yes, I am. CHAIRMAN SOLIS: Let me just -- again, we're taxing our court reporter. I have three people on the board here. I've got Commissioner Taylor, Commissioner Saunders, and Commissioner Fiala. Have -- COMMISSIONER TAYLOR: I'll make my remarks later. Let's vote. CHAIRMAN SOLIS: Let's vote. Okay. And are you done, Commissioner Saunders? COMMISSIONER SAUNDERS: I'm going to vote against the motion because now we're sending a message to the public through this advertisement that the stormwater utility is still on the horizon, potentially, and I just don't want to do that. COMMISSIONER McDANIEL: And may I address him? And the only thought process I have there, Commissioner Saunders, is what if the Productivity Committee comes up with a palatable utility fee that's different than anything we've heard about? COMMISSIONER SAUNDERS: Then we can consider that, and in 2020 we can adopt it. I mean, you know, we're rushing here, and we don't really have to. We just got $420 million over the next seven years that we didn't have three weeks ago. COMMISSIONER McDANIEL: None of which is appropriated for stormwater. COMMISSIONER SAUNDERS: I understand. The money's fungible. COMMISSIONER McDANIEL: But it does free up -- it does free up money. November 13, 2018 Page 184 COMMISSIONER TAYLOR: Oh, no, sir. The people voted on specific issues. COMMISSIONER SAUNDERS: I understand what the people voted on. If you let me finish the sentence -- COMMISSIONER TAYLOR: But you said it was fungible. COMMISSIONER SAUNDERS: If you let me finish the sentence, I will finish the sentence which is, basically, we have $420 million for some very important transportation needs and some very important needs. It would be hard for this board, anybody on this board to argue that that doesn't free up some of our money somewhere else. If you make that argument, then I'd have to be somewhat shocked. That's what I mean. We have more flexibility today than we did two weeks ago. Not with the sales tax. That's set. So that's my point. COMMISSIONER TAYLOR: But the money -- you can't use that tax for O&M, and it's O&M, what we're talking about. And we deliberately and consciously and very openly removed any talk of stormwater from that tax. COMMISSIONER SAUNDERS: I understand, Ms. Taylor, and I'll say it again. I'm not talking about using any of the $420 million for stormwater capital or maintenance. What I'm saying is, today we have $420 million more than we had last week. And if that doesn't give us a little flexibility with our budgets dealing with our ad valorem budget, I'm not sure what would give us flexibility. COMMISSIONER McDANIEL: Let me ask you -- COMMISSIONER SAUNDERS: That's the point. COMMISSIONER McDANIEL: -- a question, Commissioner Saunders. Would your support come along if we didn't do the public advertising for the utility at this stage? COMMISSIONER SAUNDERS: Yes, because I believe that we're sending a message to the public that this utility issue is still on November 13, 2018 Page 185 the horizon. And if we're not going to -- I'm not going to vote for a utility at this point -- COMMISSIONER McDANIEL: Right. COMMISSIONER SAUNDERS: -- because of the taxes that we've already levied. And so if that's not part of it, then I'll support the motion. Have the committee come back and tell us what's -- COMMISSIONER McDANIEL: Well, I like your thought. I'm sorry. I didn't mean to interrupt you. COMMISSIONER FIALA: I interrupted you. I just wanted to ask simply, do we already collect money for stormwater? COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: That's the money here? COMMISSIONER McDANIEL: No, not necessarily there. COMMISSIONER FIALA: How much -- COMMISSIONER McDANIEL: Mr. Ochs -- COMMISSIONER FIALA: -- do we collect? COMMISSIONER McDANIEL: Eight million in this year's budget. COMMISSIONER FIALA: Okay. So we have a certain amount that we're expecting every year even if we don't. CHAIRMAN SOLIS: Well, we're not collecting it for that. This is coming out of the General Fund. MR. OCHS: Yes, sir. COMMISSIONER FIALA: Oh, okay. Okay, thank you. CHAIRMAN SOLIS: It's not -- we're not collecting a stormwater -- specifically a stormwater fee or anything -- COMMISSIONER FIALA: Okay. So we have nothing on our tax bill that says stormwater. I thought there was. MR. OCHS: No, only from the South Florida Water Management District, Commissioner. COMMISSIONER SAUNDERS: Okay. We don't have November 13, 2018 Page 186 something in our budget that says -- or in our tax bill that says "stormwater," but we're collecting -- a portion of our ad valorem taxes that we're collecting, apparently, is going to stormwater. CHAIRMAN SOLIS: Allocated. COMMISSIONER SAUNDERS: We've allocated that, $6 million plus. MR. OCHS: Mr. Isackson. COMMISSIONER SAUNDERS: And we can allocate more at our next budget. MR. OCHS: You can. COMMISSIONER SAUNDERS: Because we do have a little bit flexibility because of the fact we can afford -- (Multiple speakers speaking.) MR. ISACKSON: We can talk about flexibility when we get to our AUIR item. I'll be happy to make a couple of comments on that. But, Commissioners, as Mr. Ochs indicated, we have an ordinance that says you allocate up to on an equivalency basis. So when we put together the budget we identify all the -- we throw all the potpourri of services, including the constitutional officers that come out of the General Fund, and we include 111 into that equation for purposes of stormwater. But always remember that you have only identified unincorporated area benefits for stormwater projects that come off the General Fund ledger. So it's not as uncomplicated as people might think. But we do, this year, allocate $8-plus million to the stormwater program. You can divvy it up maintenance or capital, however way you do it. My job is to allocate money toward that. My job is to also indicate what other programs and services that we have in this community, and we do that every year. So in terms of flexibility, we'll wait to see what the tax rate's set November 13, 2018 Page 187 at, and I would assume that we'll do that in February rather than wait until July or August, because that will help me immensely when we start identifying programs and services. COMMISSIONER FIALA: Does it say on our tax bill "stormwater"? MR. OCHS: No, ma'am. MR. ISACKSON: No, ma'am. CHAIRMAN SOLIS: And one question for Mr. Isackson. You know, I've heard you at least for the two years that I've been on the commission -- I don't want to call it preaching, but -- MR. ISACKSON: I don't like to preach, sir. CHAIRMAN SOLIS: Right, no, you don't preach, but you highly and emphatically recommend that one of the things that we need to be doing is looking at diversifying the revenue streams from which the county operates. Is that still your opinion? MR. ISACKSON: Well, we are heavily dependent on property taxes. And when you have another recession -- it's going to come at some point. I can't predict when it's going to happen. I have an idea, though. And you'll see that in policy coming up in February. But when you're reliant on that type of revenue stream, you're going to get caught short a little bit like we were in '08/'09, and we reduced the General Fund's budget by some $145 million. So, yeah, I've always preached that. And we've had -- in the budget policy we've had strategies. It's -- when you start looking at adding a revenue source and you look at your ad valorem tax, you could always take the ad valorem tax down on a dollar-for-dollar basis depending on what the source of new revenue is you're raising. We've talked about that in the budget policy before. Now, that's a conversation that might not be timely right now, certainly, but it's a conversation I think at some point in time down the road the Board probably has to have. November 13, 2018 Page 188 CHAIRMAN SOLIS: Just my thought. COMMISSIONER McDANIEL: That potentially could be one of the -- CHAIRMAN SOLIS: Could be one of the three. COMMISSIONER McDANIEL: -- three alternatives that comes from the Productivity Committee. CHAIRMAN SOLIS: Absolutely, absolutely. Okay. We have -- Commissioner Fiala, your -- nothing for you? Okay. I think we've eaten the box of chocolates. Okay. COMMISSIONER FIALA: Did they taste good? CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER SAUNDERS: This has the advertisement? CHAIRMAN SOLIS: This has the advertisement. COMMISSIONER McDANIEL: This has the advertisement. And I think, Commissioner Saunders, even though I know you're not going to support it, I think it's prudent for us to do that. It does, in fact, allow -- again, on the premise -- again, you listen -- don't shake your head no. You listen to -- if you've listened to what I've said all along, I mean, even when we were at odds on the sales tax, I wasn't against the sales tax if there was a commensurate ad valorem reduction that traveled along with it. It wasn't the premise of the sales tax. It was the methodology that was implemented with the sales tax initiative that I was not in favor of. So if, in fact, we come to a consensus that a utility is the way to go, as staff's recommending, and there is a commensurate ad valorem reduction that travels along with that, we need to advertise for it. Now, I also understand there's not a rush, as you're proposing, that we're sending the message that we're getting ready to raise people's taxes again, which I am not going to do, so -- but I think it's prudent for us, as a board, to not foreclose out any potential ideas that are, in fact, availed. November 13, 2018 Page 189 So I'm going to leave it with the advertisement to go forward. CHAIRMAN SOLIS: Very good. There is a second? COMMISSIONER FIALA: Yes. CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: Lone Ranger for you for a change. COMMISSIONER SAUNDERS: For a change. CHAIRMAN SOLIS: And now our court reporter, poor court reporter. COMMISSIONER TAYLOR: This is what happens when you get honored at a meeting; we work you. CHAIRMAN SOLIS: We'll be back at 3:55. (A brief recess was had.) MR. OCHS: Chairman, you have a live mike. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. SOLIS: We're back on -- actually, let's go real quickly to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: I have no registered speakers for that item, sir. November 13, 2018 Page 190 MR. OCHS: I thought you didn't. Thank you. Item #9B RESOLUTION 2018-208: THE 2018 COMBINED ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES AND SCHEDULE OF CAPITAL IMPROVEMENTS AS PROVIDED FOR IN SECTION 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES AND ADOPT A RESOLUTION THAT UPDATES THE 5-YEAR CAPITAL IMPROVEMENT SCHEDULES - MOTION TO ACCEPT REPORT – APPROVED; RESOLUTION 2018-208 ADOPTED MR. OCHS: Okay. That takes us to 9B. This is a recommendation to review and approve the 2018 combined Annual Update and Inventory Report on public facilities and the schedule of capital improvements as provided for in your Collier County Land Development Code, and to adopt a resolution that updates to the five-year capital improvement schedules. And Mr. Bosi will take you through the presentation. MR. BOSI: Good afternoon. Mike Bosi, Planning and Zoning director. Once again, this is our November meeting, so that means it's time for the Annual Update and Inventory Report and the Capital Improvement Element. That's basically your capital improvements that will be needed over the next year to satisfy your requirements of concurrency. I have a presentation where we'll talk just about some of the high points from a statutory perspective as well as from what locally we require. November 13, 2018 Page 191 The Annual Update and Inventory Report is an annual one-year snapshot of the projected needs and required capacity improvements for the next five years based upon population increases against the BCC adopted levels of service, and it should be noted that the snapshot changes as to change for the demand equation evolved. Basically, what we're saying is the projects that are needed to support the growth and development and the population increases that are corresponding with that growth and development. We have two different categories that are within the AUIR and, actually, our AUIR has a third category, and it's coastal management. It's Category C. But Category A, or the concurrency facilities, roads, drainage, potable water, wastewater, solid waste, parks, recreation, schools; and then B are your non-concurrency facilities: Jails, law enforcement, libraries, emergency services, and government buildings. Within there, I wanted to bring a distinction between consistency and concurrency. The AUIR at the CIE sets up the system for concurrency. That's your -- that's when you come in for an application for a development order or for an SDP, and we check the capacity of the systems available to satisfy the demands that your project's going to be placed against it. Consistency is the impact of development on the available adequate public facilities and services consistent with the levels of service adopted in the Collier Growth Management Plan and defined through the Collier County Adequate Public Facilities ordinance. This is applied at the rezoning stage. So when a petition will come in and request for a new residential development, new commercial development, mixed-use development, we'll apply our consistency review. It's not the hard concurrency, but we will look and see how much capacity is available and at that time we may identify some projects or improvements that would be needed, but that's not the strict application of concurrency. November 13, 2018 Page 192 Concurrency is the public facilities and services necessary to maintain that adopted level-of-service standards are available when impacts of the development occur. It's applied at the Site Development Plan stage or the plat stage. And what that means is at that time, it's a hard concurrency, it's a hard mathematical evaluation against what's available within the system and what your project's going to demand against the system. And if there is insufficient capacity, building permits -- or there can be a hold within COs, a hold within the development order related to that lack of capacity. The Florida Statutes 163.3180, concurrency -- applies to concurrency regulations for the state. And the state says sanitary sewer, solid waste, drainage, and potable are the only public facilities that are subject to concurrency that they require, but as I've underlined, any local government may extend concurrency requirements so that it applies to additional public facilities within its jurisdiction. And when you look to the Collier County Growth Management Plan, you see that specific instance of it. Within our Capital Improvement Element, Policy 5.3 establishes the concurrency requirements for potable water, wastewater, stormwater management, and solid waste disposal, Policy 5.4 establishes the concurrency requirements for Parks and Recreation, Policy 5.5 establishes the concurrency requirement for transportation. And then, finally, Policy 5.6 establishes the concurrency requirements for public school facilities. We -- based upon that, there is Parks and Recreation, there's transportation, and there's public schools which are above and beyond what the state requires that we locally say we want to apply against the concurrency management system. One of the -- one of the recommendations that had came from the Planning Commission after review of the 2018 AUIR was a recommendation for the Board to evaluate and consider including law November 13, 2018 Page 193 enforcement and EMS as a concurrency component. They're currently Category B facilities, and they requested that the Board of County Commissioners evaluate law enforcement and EMS as to whether they should be appropriately included as part of the concurrency management system, meaning those would be two additional components that could potentially prevent the issue of development orders if there's lack of capacities in one of those two systems. Based upon that recommendation, if the Board was inclined to, staff could provide some further analysis as we move forward in the preparation of the 2019 AUIR. But just wanted to provide that clarification that was provided by the Planning Commission. Additionally, within the Collier GMP, within the Capital Improvement Element, we have an objective, and it's related to financial feasibility, and it basically says, with the exception of schools, because schools is funded by the school district, existing public facility deficiencies measured against the adopted level-of-service standards will be eliminated (sic) with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. I think we've heard some conversation from the Board today about revenue streams and where we create the revenue streams necessary for the capital improvements in all of the needs of the county. So that's where we're at locally. From a statute -- from a Florida Statutes perspective, the fiscal or the financial feasibility is no longer a requirement. It basically only requires that you have to identify projects necessary to ensure that the adopted levels of standards are achieved and maintained for your five-year period, as -- and they have to be provided by a dedicated funded source or unfunded. So, really, the discretion and the decision-making in terms of fiscal financial feasibility is -- ultimately, it's a local decision. It's a November 13, 2018 Page 194 decision that the Board of County Commissioners has adopted and it -- the state has really taken a step back in that regard, and it has said it's a local level -- it's a local-level issue for the commission to make their own decisions on. Related back to the GMP, related to the Capital Improvement Element, projects identified -- and this is important when you think about concurrency and consistency. The concurrency applies to your first two years. The projects have to be in your first two years for it to be counted against your for -- to gain credit for that improvement within the CIE. Projects identified in years three, four, and five of the scheduled capital improvement cannot be relied upon for committed capacity for concurrency, but they're considered for consistency. So when we apply concurrency, when you hear the term "concurrency," it's really only applying to what the existing system has, plus what's going to be added in the first two years of your CIE. So when we look at it, when we try to find identified revenue sources, we always try to marry up those ones in the first two years with those dedicated revenue sources. And this comes down -- we were talking about statutes, and then we were talking about the GMP. Now we're down to the LDC level, and the LDC specifically says, through the AUIR and the Capital Improvement Element and the annual budgeting, the recommendations contained within those will propose financially feasible public facilities, schedule of capital improvements needed to maintain and restore the adopted levels of service, as well as recommendations for your annual budgeting project and other suggested funding sources. So that's really where we sit from a statutory perspective from -- of how do we pay for growth. What's required for -- within our CIE, and then this is -- what is it that drives the -- drives the capital improvement? What drives the annual update? Based upon our November 13, 2018 Page 195 individual policy within the Capital Improvement Element, population estimates shall be based upon the most recent population bulletin from the University of Florida Bureau of Economic and Business Research, which we refer to as BEBR, and then we also have a 20 percent markup for our seasonal impacts. We understand that our seasonal visitors place greater demands upon our system, so we have to account for that. That 20 percent is utilized in general for most facilities. Public Utilities has a little bit different of a formula for how they provide that extra -- the additional capacity, but for general purposes we can say there's a 20 percent markup factor to our infrastructure in relationship and understanding of the impact of our visitors. COMMISSIONER TAYLOR: So your population estimates are including that 20 percent increase that rises and falls in the season? MR. BOSI: Yes. COMMISSIONER TAYLOR: Okay, good. Thank you. COMMISSIONER McDANIEL: Based upon numbers derived from the median BEBR population estimates. So that's an important criterion. COMMISSIONER TAYLOR: But it's including it. It's not -- when they talk about population growth, it's including that 20 percent. MR. BOSI: Our Capital Improvement Element, our AUIR includes the 20 percent, and it allocates for that 20 percent. The BEBR numbers are just straight permanent population. We just utilize a 20 percent markup above that, what they provided. COMMISSIONER TAYLOR: For the capital projects. MR. BOSI: Yes. COMMISSIONER TAYLOR: Okay, yeah. Because they use it. Whether they're here seasonal or not, they need it. MR. BOSI: And this next slide, I think, is from an individual who's been involved within the Capital Improvement Program and November 13, 2018 Page 196 budgeting for over a decade. This slide is something, I think, that should be appreciated by each of the decision makers in a sense of, if you look at our growth percentage or the annual growth percentage that we've projected since 2013, we've been right about at 2 percent for the last six years, and that's not too -- it's almost a Goldilocks scenario. It's not too high, not too low. I know there's always contractions within our business cycles, and we're due for one. But what that suggests to you is we haven't had a tremendous runup in terms of overspeculation. It's been a steady increase. And our infrastructure providers have had adequate time, I believe, to adjust. What happened after the 2010, this annual census, we found that we had a little bit more capacity in our system against the population because we had some population exitus, I believe, you know, for economic purposes. So we had more available capacity than what we thought we had at the time when we recalibrated with the population. Well, that recalibration and that extra capacity has since diminished. We're now hitting the period of time where improvements are needed, and I think you'll see within this AUIR that you're starting to see more of the individual departments and divisions starting to respond to six years of 2 percent population growth. So determining how much we build, it's new population versus your level-of-service standard equals your Capital Improvement Program. It's simply a math problem. For this AUIR, we're projecting 33,878 additional people. You multiply that by .33, and that's the amount of square footage that we required for libraries. Now, we're good on libraries, we're not proposing any, but I just utilize that as an example for you to understand how we determine how much we build. But that's not the only determination. That's not the only driver of the needed capital improvements. We have three components that really are aside from population, November 13, 2018 Page 197 and the population has a direct effect upon it, but transportation in particular. It's transportation counts which are collected over multiple times a year banked against what the -- the trip banks that are in the system against the capacity of those road systems. That's how -- that's what drives the determination for when new roads are needed. So it's not just simply population, numbers of people here. It's based upon real time of those trips and the utilization of the infrastructure that dictates when that -- what we identified for the new facility that is going to be needed. Public Utilities has a little bit different as well. It utilizes population projections as a component of it, but also historic demand usage is a prime component, plus they have an additional capacity premium of which they understand that because of the need -- the needed assurance to always know that you have capacity when that toilet is flushed, that they put an extra spacing or buffer within the percentage of capacity to be able to alleviate a problem that we had back, I think in 2000 and 2001 where we were out of capacity, and we do not want to revisit that condition again. COMMISSIONER TAYLOR: It's there. MR. BOSI: So that's another component. And then stormwater, it's the individual basin studies that have helped establish the baseline for helping to determine what's the level of service for any one of those individual basins. So it's not population on all of the facilities. There is some uniqueness that utilize a little bit different arrangement. And these next two slides are just going to show you for the last 12 months where -- the COs that were issued. And we circled -- Commissioner Fiala, I think as you can see, your East Trail tends to be one of the most active and common destinations for the COs that are coming out of the ground, and I think that has a lot to do with a lot of new commercial land uses that you're starting to see pop up following November 13, 2018 Page 198 those rooftops. And then this is over the past 13 years. The past 13 years from the printing of this date, you know, 35,286 multifamily and single-family dwelling units were issued COs. It shows you where our growth areas are. It's -- the Immokalee corridor and that East Trail continue to be the location, the area where our COs are most frequently occurring. COMMISSIONER McDANIEL: Before you go on, if I may, Mr. Chair, I hope your map is inclusive of the entire county, because you've cut off a huge portion of Oil Well Road, Ave Maria, all that out there where there's enormous growth, enormous growth. I mean, I think Ave Marie, if I'm not mistaken, is one or two in the entire state as far as a community goes. MR. BOSI: It is inclusive of the entire county. I apologize for the -- COMMISSIONER McDANIEL: There's no sorries. I just want to make sure it's included in the process. MR. BOSI: It is, Commissioner. COMMISSIONER FIALA: And sometimes a map, like all of the commercial that's going on along the East Trail, but that's not real productive commercial, right? That's the gas stations and these storage unit things. There's, like, 13 of them coming in, but they only house two employees, and they're not really for people that live there. They're just there. So it isn't a productive type of commercial, which we wish it was. But, anyway, just wanted to mention that. Sometimes you can't see those on a map. MR. BOSI: The last topic we're going to talk about was just the relationship between impact fees and levels of service. Your Annual Update and Inventory Report establishes the rational nexus required for utilization of impact fees in both your category facilities. It's an approximation on revenue projected over the November 13, 2018 Page 199 capital period to determine the county's ability to construct and adopt the level of service. And final clarification: All projects in the CIE/AUIR have to be growth related. They have to be related to growth because impact fees are being utilized. And when impact fee funds are being utilized, they have to be allocated to system expansion. They can't look backwards. They have to look forward to be able -- to increase the capacity that's associated with those new dwelling units. And the final slide is in the fiscal realm, and I'm going to turn over to Mr. Isackson. MR. ISACKSON: Thanks, Mike. Commissioners, good afternoon. Mark Isackson with the Office of Management and Budget. Just a couple of observations that we thought we'd put together in this last slide for you. Knowing that the sales tax had passed, knowing that there's deficits shown in three specific areas in the AUIR, I thought we'd give you a little picture of how that might work going forward. Category A, your transportation projects, there was originally $106 million shortfall in the Transportation Element. Vanderbilt Beach Road, as part of the sales-tax initiative, had allocated $74 million toward that particular effort, which reduces that shortfall substantially, to roughly 32.4 million. You look at the VBR extension, $100 million project, essentially; 74- of that's coming from the infrastructure sales tax; 26 million will come from existing appropriations, and then you've got other projects that are listed in that particular element that, combined, would make up about a $32.4 million shortfall. I mentioned to the senior leadership team the other day that passage of the sales-tax initiative simply reduces our need to borrow. It doesn't eliminate the need to borrow. And that substantial reduction November 13, 2018 Page 200 in borrowing can pay some dividends down the road, and we'll see how much those dividends are when we come back to you with guidance and when you set your tax policy and when we see what taxable value is and a bunch of other things that our commingled in that. Your stormwater unfunded need totals roughly 33.5 million, and those are the projects that you see listed there. Now, County Manager and the Deputy County Manager and I have spoken about, well, how much of that can you borrow versus how much of that can you carve out and maintain as part of your normal funding. That's probably a decision that the Board will make at some point. We'll be back before you at some point with an infrastructure financing plan knowing that you have a seven-year sales tax coming forward. So I'm sure that will be part and part (sic) of that, the theory being that you could technically finance your new stormwater capital and come back behind and have your regular recurring operating revenues offset some of the maintenance components of it, so... And on the wastewater side, Joe Ballone's office and my office, have been talking over the last few months about the northeast site and the financing plan that would be forthcoming to construct new facilities in the eastern quadrant in order to address burgeoning needs that will be happening out there in the next few years. The AUIR shows a $116 million deficit from a wastewater standpoint, and that's going to be addressed as part of a planned debt financing strategy. I believe the discussion with the County Manager, Deputy County Manager, and myself has been sometime either at the December meeting or January meeting we'll talk about specific debt financing strategies related to that eastern quadrant out there. And then, finally, Commissioners, your public safety and law enforcement, EMS, those were all originally shown as a deficit, but November 13, 2018 Page 201 most of those projects -- or, in fact, all of those projects are under your infrastructure sales-tax component going forward. So, Mike, did you have anything else you wanted to add? COMMISSIONER SAUNDERS: Mr. Chairman, could I ask just a quick question? On two of the items -- MR. ISACKSON: Commissioner. COMMISSIONER SAUNDERS: -- the stormwater, 33.5 million shortfall that would have been funded with a utility fee, if there's debt financing for that, what would be the source of revenue to repay that? You said a portion of that could be -- MR. ISACKSON: Well, you can't -- you're not going to be able to use ad valorem taxes, obviously. COMMISSIONER SAUNDERS: I understand. MR. ISACKSON: So we usually use the term and the vernacular, all legally available non-ad valorem revenues. That's the term that I would suggest that we use to identify, if you're going to issue debt, what the repayment source would be. COMMISSIONER SAUNDERS: So, for example, revenue sharing -- MR. OCHS: Sales tax. MR. ISACKSON: Sales tax. COMMISSIONER SAUNDERS: -- anything that we get from the state. MR. ISACKSON: That's right. COMMISSIONER SAUNDERS: And then Category A, transportation projects, there's a $32.4 million shortfall reduced from 106 million because of the 74 million going to Vanderbilt Beach Road. That would be paid for, I assume, with this gas tax. Debt financing -- MR. ISACKSON: Well, that's one option that we have. COMMISSIONER SAUNDERS: Or impact fees? MR. ISACKSON: That's one option that we have, sir. Your gas November 13, 2018 Page 202 taxes, keep in mind, expire -- your debt on the gas taxes expire in 2023 and 2025. So you could accelerate that and re-up your gas taxes and go out longer on a debt issue quicker than '23 or '25, which might be an option, knowing that interest rates are continuing to creep up. That's something that we would talk about as part of an infrastructure financing plan going forward that we would bring back to the Board in the near future. COMMISSIONER SAUNDERS: One more question on the gas-tax revenues that we get. I understand that impact fees have to be used to pay for infrastructure necessitated by new growth. Gasoline taxes, what are they restricted to? MR. ISACKSON: Well, they're -- we just had conversations with the Clerk's Office not too long ago about what you can pay for. I can't remember all of them, sir, but I think roads are a good example, bridges are a good example of what you might be able to pay with gas taxes. COMMISSIONER SAUNDERS: If you had a stormwater project associated with a new road -- MR. ISACKSON: That might be -- I think you're splitting hairs there. That would be something I'd want to steer away from, but I'd defer to the Clerk's Office on that. MR. OCHS: Good idea, though. MR. ISACKSON: Because it's not clean. It's not clean. I try to avoid things that aren't clean. COMMISSIONER SAUNDERS: As long as it's just not dirty, that's okay. MR. OCHS: That's true. COMMISSIONER SAUNDERS: It doesn't have to be totally clean. MR. BOSI: And I just wanted to add, we've got our full staff available in case you had any questions on any one of the submittals November 13, 2018 Page 203 from the AUIR team, and we're happy to answer any questions that you may have. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes. What have you worked into or how have you planned it? We had a problem years ago when Jim Mudd was still our county manager, and we were projecting our housing needs back then, and we had a certain goal to meet all the time, and we were very conscientious about doing that. Of course, nobody ever expected the market to go crashing, you know. We had plenty of houses. Everything was going fine, and the market crashed. Now, everybody was either fleeing or abandoning their homes, and now they're -- now we had too many houses. What are you doing to make sure we don't, again, get into that same situation? MR. BOSI: Well, there's little that we can do in terms of how many COs are being requested from the development side. I think one of the things you can take comfort in is if you look at the -- you look at the population increases, the 5- to 6- to 7,000 people a year that we are projecting is almost in line with the COs that we're issuing. Our COs have been 22-, 25-. I think the highest that we've gotten is about 2,700. And you utilize the formula of 2.39 persons per household, and you get close to that 5- to 6,000 person range. So from the empirical data that we've collected over the past six years compared to the COs that have been issued, I don't think that we have a level of overspeculation in relationship to the populations that we expected against the COs that we've issued. Now, of course, when we see that the COs start rising above 3,000 person -- 3,000 number level and our population projections don't start to adjust, then we start seeing, well, maybe there's a little bit overspeculation within the marketplace. But until that period of time, we're still -- I think we're still moving along at an appropriate pace, especially based upon those COs corresponding. November 13, 2018 Page 204 COMMISSIONER FIALA: Okay. So, in other words then, say, for instance, you're building this whole big beautiful development, right, but now it's teetering on whatever our projections say we could have. You can't just stop them. It's their land. They have a right to build. What do you do then? COMMISSIONER McDANIEL: Pray. MR. BOSI: We issue all COs as required per the regulations, upon the limitations that are provided to this government. And we're bound -- you know, we're bound to operate by that rule set even if we feel that there's overspeculation within the market. We from a regular -- from a growth management side of the shop, we issue permits based upon satisfaction of the regulatory code. COMMISSIONER FIALA: Thank you. CHAIRMAN SOLIS: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: I'm not sure who this is a question for; maybe for Nick. We have the Big Cypress Basin that generates -- and you don't have to tell me how much -- revenue. That was something that Mary Ellen Hawkins established back in the late '70s, I believe. MR. CASALANGUIDA: Yes, sir. COMMISSIONER SAUNDERS: And I believe that the Big Cypress Basin has really been a significant factor in water management throughout Collier County. What is the amount of revenue that the county collects for that? MR. CASALANGUIDA: Sir, off the top of my head, I'm going to -- COMMISSIONER SAUNDERS: Rough estimate. MR. CASALANGUIDA: I'm going to say roughly 13 million, but I could be way off because of the -- COMMISSIONER SAUNDERS: 13 million a year? MR. CASALANGUIDA: That was what I remember the last November 13, 2018 Page 205 number. I'll get that accurate number. And that's only for the primary canal, sir. COMMISSIONER SAUNDERS: Right. That can only be used for primary canals? MR. CASALANGUIDA: Primary canals and major structures that's listed under their purview. We have a contract with them. COMMISSIONER SAUNDERS: And the contract is with the Big Cypress Basin? MR. CASALANGUIDA: Yes, sir. It's actually with the district. COMMISSIONER SAUNDERS: And, of course, the district has to approve whatever funding -- whatever projects there are, ultimately the district has to approve? MR. CASALANGUIDA: And the contract says that you approve those projects every year as well as, too, sir. COMMISSIONER SAUNDERS: Okay. I'd like to, as part of our -- maybe not too relevant to the AUIR, but I think it's relevant to our stormwater issues, to get a little bit more information to the Commission on how beneficial that Big Cypress Basin has been in terms of generating money for water management and how that may interplay with other things that we do. I realize that we're not going to use that to replace pipes and that sort of thing, but just kind of curious as to how that might flow with whatever else we do. MR. CASALANGUIDA: We'll give you a good historical breakdown, sir. COMMISSIONER TAYLOR: Were they not involved on some level on what we're doing on Ridge Street? MR. CASALANGUIDA: With the grant, ma'am. They provided a local-option grant both to the city and the county. COMMISSIONER TAYLOR: A million or -- MR. CASALANGUIDA: About 800,000 is my recollection. November 13, 2018 Page 206 There was another 400,000 in an upcoming year. Amy might have a tighter number. MS. PATTERSON: Hi. Amy Patterson, for the record, director of Capital Project Planning. The Big Cypress Basin, South Florida Water Management District, provided $1.6 million to the city and $800,000 to the county for that joint project. MR. CASALANGUIDA: Thanks, Amy. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, yes. This is a perfect slide for us to be at, Commissioner Taylor, when we were talking about the median BEBR numbers being the population estimator, and it's one of the issues that I have with this AUIR report. This is a report that is generated by our staff to allow us to plan for the future, for the growth, and this particular instance, it's -- the BEBR numbers are showing us running right at 10 percent in growth when, in actually, we're hitting 2, growth percentage analyzed; is that correct? MR. CASALANGUIDA: No, sir. MR. BOSI: The five-year growth period -- the five-year growth period is at 10 percent, and each year within that growth period there's a 2 percent. COMMISSIONER McDANIEL: It's two percent a year. Forgive me. I misunderstood the slide that was, in fact, there. So with that, I'll be quiet for a minute. I do have a statement I want to make with regard to the actual report itself. CHAIRMAN SOLIS: You were the last speaker, so now would be a good time if you want to do that. COMMISSIONER McDANIEL: Well, I just -- I found it -- I took exception to the AUIR's report in us accepting it and adopting it as the planning tool when there are known deficiencies in the November 13, 2018 Page 207 level-of-service capacities that we, in fact, have, and known deficiencies represented in the report in transportation. There were not any discussions about the known deficiencies other than what was elaborated on today with regard to the stormwater deficiencies that we've been talking about for coming on six, seven -- well, since I came in office. And I'm having difficulty continuing to utilize this methodology from a planning perspective when we delineate known deficiencies and accept the report but then continue to defer the deficiencies and kick the can on down the road. And I'm wondering what we need to do from a policy perspective to make adjustments to those deficiencies so that we're not politicizing the utilization of the available revenues. The stormwater is a perfect example, in my mind, of when the revenues start -- ad valorem started to decrease due to the great recession. There was cannibalization out of the stormwater fund to be utilized for other expenditures and support other things, in turn creating a deficit. We acknowledged the deficit, but through the -- and I can't remember whether you called it consistency or whether we utilized consistency or concurrency -- we acknowledged the deficit but never funded it and then continued to accumulate on that basis. And that's where I'm having a difficult time with this entire -- I don't know whether I need to look at you or I need to look at Leo as -- you and I have talked about these things. I mean, this is -- I'm having a difficult time accepting this report. I know it's important for us to plan, Michael. You and I have been working together forever, since the East of 951 Horizon days, and planning is imperative. But if you're operating off of information that isn't as accurate, necessarily, as it can be and/or there is opportunities for -- or necessities for policy adjustment, I've got concerns with utilizing this AUIR and the CIE. I know we're required statutorily -- I think, statutorily, is the CIE, November 13, 2018 Page 208 correct? The AUIR is something that we have adopted as a county through an ordinance of -- I think I read it in the book back in 1990. Maybe we need to adjust that ordinance or at least have a review of that ordinance and the methodologies that we're utilizing to establish it. MR. CASALANGUIDA: Sir, if I could a little bit, because we talked a little bit on the phone, is they're all different. If you look at transportation, they use actual traffic counts, and you set your level of service based on measurements that you take physically on the ground. So population in that five years has nothing to do with it. Your stormwater really isn't population based, and they've struggled by setting a level of service. I know right now, as the commissioner pointed out, Big Cypress Basin is going through a level-of-service study. How do they set level of service to prioritize capital projects? Well, they're using water flows out of bank. And, you know, over five years when the canals start to increase when they go out of bank, that's exceeding their level of service. I know we're monitoring that and joining them in that study, so that's based on water capacity and flows. They also include in that component a capital section that talks about when you added O&M -- I'm looking at Amy -- probably back four or five years, because it became such a big deal, Golden Gate City was put in there. Now, that's not a level of service from a capacity standpoint. It's a level of service from an operational standpoint, but it had budget implications. And then parks, you talk about acreage per person, or libraries you talk about persons per population, and then EMS is response time and population. So they're all very, very different. So maybe we could spend some Q&A time with you and break those down and see which one you wanted to go after and maybe bring back for a discussion. But across the board they're very, very unique. And I know George uses his checkbook to actual capacity. So he monitors the November 13, 2018 Page 209 flows and three-day peak flows and, you know -- so they're all very, very different. COMMISSIONER McDANIEL: Well, and in that regard, there was a discussion about a deficit in the wastewater for the northeast plant, but I also know that there's been multiple discussions and methodologies to support that deficit for the construction of that plant through developer contributions, through hookups for potable water fees and the like. And we -- but it's still showing in here, and those alternatives -- so to me there's a $116 million deficit that's necessarily unfunded, but I know out there there are funding methodologies available, but I'm being shown as unfunded. MR. OCHS: Well, I think in transportation, in the five-year we actually identify that deficit and asterisk it with a recommendation that we go out with a bond to cover that deficit in that case, so -- COMMISSIONER McDANIEL: And that was how the Planning Commission actually accepted the AUIR, with that asterisk that we did delineate that there was a bonding requisite? MR. BOSI: That was contained within the AUIR in which they reviewed. And I think -- and it also has a lot to do with -- this discussion has a lot to do with the continuum. In February you will be back establishing your budgetary criteria for moving forward, and this is -- this CIE -- AUIR/CIE in November is supposed to set the stage of here's the identified needs, here's where we have funding, here's where funding is needed, and it does identify options of either finding where the revenue streams are going to be. If the Board of County Commissioners feels that revenue is not available, that they're unable to fund it, there's always an option to lower levels of service accordingly based upon that lack of funding. So it does have a relationship to set you up for areas that are highlighted for what we'll need in terms of a capital status moving forward so -- when your budgetary discussions are supposed to be November 13, 2018 Page 210 informed by this process as well. I'm not sure if that helps -- or addresses your question. But you always have the ability to adjust levels of service when there aren't identified revenue streams or you feel that those revenue streams are not available to you. That's always one option that's available. But this really does set the stage for your discussions come February where your budgetary priorities are supposed to -- you know, are supposed to be focused. COMMISSIONER McDANIEL: Well, and on that point, I mean, that's where discussions can, in fact, be made or had with regard to identification of funding sources to support the needs. The needs are identified within the AUIR, and then -- and those, I think, need to be -- and that might be where I was talking about the adjustments to the actual ordinance that was adopted in 1990 that created this process, that we have a discussion about those identified needs and set in precedence or policy to establish the funding sources for the identified deficiencies within the available funding streams that we have and not let it be so politicized and/or -- I know that Mark likes to have flexibility in his budgetary processes, but identification -- did you notice how I did the shell game thing? The identification of the funding sources, I think, might be a good thing for us to do as a policy to make those adjustments and take the political aspirations out of it. That's all I've got. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: I think this is a wonderful way of looking at budgeting, and it certainly beats you coming to the city and asking if you can hook up because the sewer -- you know, the waste is running in the streets. So, you know, to me it's a flag that we have to pay attention to. And I find it very educational, very worthwhile. Thank you. CHAIRMAN SOLIS: Commissioner Fiala. November 13, 2018 Page 211 COMMISSIONER FIALA: Yeah. I guess it's the multiplier that we use to depend on what the final results are. And one time -- and you brought this to mind -- we were trying to figure out how much affordable housing we needed. And this is back in 2005. I mean, growth was -- it was going wild, and we had to make sure that we prepared for enough affordable housing here to take care of that growth. And so we enacted a fee to pay for all of the developers. They kicked and screamed about that, but we collected it anyway. When the market dropped out, now we had too much affordable housing, and so that's when you hear of all of the developers coming back and saying, we don't want to pay any more. We want the money we paid back -- paid back to us. That's what had happened. I guess it depends on -- how do you figure the multiplier? We tried the best we can at the time, and we chose a wrong number. MR. OCHS: Yeah. Commissioner, I think that was more of a board policy initiative than a level-of-service metric. I think the Board at the time felt like they wanted to do something about affordable housing, so they said, well, how about if we charge $1,000 a unit, and that's what the Board enacted at the time. There was no level-of-service standard for affordable housing in your AUIR at the time nor since. So it wasn't exactly tied to level-of-service standard like this Capital Improvement Program is. It was more of a policy formula, if you will. COMMISSIONER FIALA: Okay. That's good then. MR. OCHS: But you are right, we collected it to use towards affordable housing, and then the recession hit, and things changed. CHAIRMAN SOLIS: Very good. COMMISSIONER McDANIEL: I do have one last point. I hit the button again. And I thought about this, and it's something to acknowledge. I mean, I've been watching the budgetary processes. There was planned borrowing established for these capital requisites. November 13, 2018 Page 212 It's been planned for quite some time, starting in 2019's budget cycle. The advent of the sales tax has reduced the necessity of the borrowing my some -- my brain, Commissioner Saunders, you were saying 420 million, but I recall 470 million, irrespective -- that has reduced that borrowing necessity by that amount which, in turn -- and Nick and I were speaking about this. If you also add in the interest savings that's associated with that, is a considerably larger amount of money that we're not going to have to go out and borrow right now to support these unfunded needs as established in the AUIR. COMMISSIONER TAYLOR: Except in the stormwater. COMMISSIONER McDANIEL: Except in the stormwater. We're still chatting about that. COMMISSIONER TAYLOR: Yes. COMMISSIONER SAUNDERS: Part of that sales tax goes to the cities. That's why it's not -- COMMISSIONER McDANIEL: That could be. Maybe that was -- 470- was the total amount, and part goes to -- thank you, sir. CHAIRMAN SOLIS: Very good. So do we have a motion to accept the report? COMMISSIONER SAUNDERS: So moved. COMMISSIONER FIALA: And second. CHAIRMAN SOLIS: There's a motion and a second. 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? November 13, 2018 Page 213 (No response.) CHAIRMAN SOLIS: It's accepted. Thank you. Great presentation. MR. BOSI: Thank you. Item #11C AWARD INVITATION TO BID NO. 18-7426 “JAIL FACILITIES BUILDINGS J1-J2 CHILLER PLANT AND HVAC UPGRADES” TO AIR MECHANICAL & SERVICE CORP. FOR CHILLER PLANT AND HVAC UPGRADES AT JAIL FACILITIES BUILDINGS J1-J2, IN THE AMOUNT OF $1,394,000, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT - MOTION TO APPROVE – APPROVED MR. OCHS: Mr. Chairman, we now move to Item 11C. This is a recommendation to award a bid for the jail facilities chiller plants and HVAC upgrades to Air Mechanical and Service Corporation in the amount of $1,394,000. COMMISSIONER SAUNDERS: I'll make a motion to approve. COMMISSIONER FIALA: Second. I was just going to do that same thing. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: (Absent.) COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: All opposed? COMMISSIONER McDANIEL: Amazing presentation. November 13, 2018 Page 214 COMMISSIONER FIALA: We wouldn't have done that, though, if your presentation wasn't so good. MR. OCHS: Thank you, John. Item #11D REVIEW THE HISTORY OF THE ANONYMOUS COMPLAINT POLICY AND SUPPORT THE PRACTICE LIMITING THE ACCEPTANCE OF ANONYMOUS COMPLAINTS FOR CODE ENFORCEMENT AND DOMESTIC ANIMAL SERVICES CODE COMPLAINTS – DISCUSSED MR. OCHS: 11D is a recommendation to review the history of the anonymous complaint policy and support the practice limiting the acceptance of anonymous complaints for Code Enforcement and DAS code complaints. Mr. Ossorio can give you a brief presentation or respond to questions. Pleasure of the Board. Essentially, we're recommending that we maintain the existing board policy on anonymous complaints. CHAIRMAN SOLIS: Do we need a recap of the history of this? COMMISSIONER McDANIEL: No. I think we should have a brief discussion about it, but I don't need the history. CHAIRMAN SOLIS: Okay. COMMISSIONER SAUNDERS: Should we try to define what brief is? COMMISSIONER McDANIEL: Yes. Hit the timer. CHAIRMAN SOLIS: Brief. Thirty seconds or less. COMMISSIONER McDANIEL: Thirty seconds or less. If you want to do that, then we'll just leave it the way that it is. I really think we should give due consideration to allow for some leniency of staff on anonymous complaints. We have a provision that November 13, 2018 Page 215 allows for anonymous complaints when there's an obvious health, safety, and welfare life-or-death situation. That can be performed anonymously. But I think we should, on a limited -- and I actually talked about this last year, allow for anonymous complaints holding the complainant responsible for frivolous complaints after a certain particular point in time. I believe that it's a prudent thing for us to do. It would engage more people in our community to participate in our codes and regulations without fear of retribution from the complaint -- the person that they're filing the complaint against. So I would prefer to see us make that allowance, and let it be a staff designate -- you know, if you get a frequent flyer that is calling because his neighbor's dog's coming over into his yard all the time -- COMMISSIONER FIALA: Or because they reported him. COMMISSIONER McDANIEL: Correct. Well, and that happens. That -- COMMISSIONER FIALA: Yes, especially in mobile home parks. COMMISSIONER McDANIEL: So that's what I would like us to do. But if you want to leave it alone, I'm okay with that, too, because there still is the opportunity -- just to belabor my point, you can still file an anonymous complaint. You just have to call your commissioner -- CHAIRMAN SOLIS: Correct. COMMISSIONER McDANIEL: -- who then files it on your behalf. MR. OCHS: Which staff has found to work relatively well. COMMISSIONER TAYLOR: It works well in our office. Very well. CHAIRMAN SOLIS: And it works -- it's been working well certainly in my office, and it happens many times. And if they don't November 13, 2018 Page 216 want to tell you who they are when they're calling you and they don't trust their commissioner, well, then it makes me wonder what they're really up to, but in any event. Commissioner Fiala. COMMISSIONER FIALA: Yeah. I just -- I think some of this is prompted by certain areas where you have to be -- you have to remain safe. And one a long time ago, but it was a guy that was just terrible with his property. He lived way out in the Estates, and a neighbor started to complain about him. You remember him, don't you? And so he started shooting at their cars. COMMISSIONER TAYLOR: Wow. COMMISSIONER FIALA: And so -- but they were afraid to call for protection, but they got the Sheriff's Office. That didn't help very much. So then he started shooting their animals. Then they put him in jail, but when he got out then -- well, I won't say this on camera, but there was some funny things that went on that were ridiculous. But, anyway, we felt that there was a need definitely to be able to report it anonymously in situations where the person isn't mentally all right. You know, whether he has a drug problem or whether he just isn't mentally right. So when I got a call back -- it was me that put this on there. And when I got a call about this, I guess there were some that were -- a couple areas where people were fearful, and so -- and I said, well, you could call my office, and they said, well, I wonder if we can't call your office. Wonder if you're out of town. Wonder if anything, could we just -- you know, could we do that? So maybe there's a way that they can call anonymously but just to a certain person or something who would then act upon that but maintain the person's safety. COMMISSIONER McDANIEL: Absolutely. COMMISSIONER FIALA: So I agree with what you said, there November 13, 2018 Page 217 has to be some provision, or there should be or could be but, yet, the way we're doing it is fine. CHAIRMAN SOLIS: Okay. COMMISSIONER FIALA: Yeah, just so that we have a way for people who can't. COMMISSIONER McDANIEL: Maybe, if I might make a suggestion, because I like the idea -- maybe I work with staff a little bit to develop some accountability for the complainants, some -- I don't want to call it retribution. I just want accountability for the frequent flyer that's filing frivolous complaints. I think that would prohibit them, but by having it the way that it is, not a lot -- if you, Joe Q citizen, call Code Enforcement and talk to -- unless you talk to Mr. Ossorio, they tell you you cannot file an anonymous complaint. They don't tell you to call your county commissioner to file the anonymous complaint. They just -- they stop right there. COMMISSIONER FIALA: I don't think Mike and Jamie heard what you said, but -- MR. OCHS: They heard. COMMISSIONER FIALA: -- we wanted to cover that. COMMISSIONER McDANIEL: That's one of the things that maybe you're not necessarily aware of. When they call, a complainant wants to file an anonymous complaint, by board policy that's not allowed. But they don't -- there isn't the discussion about the followup to say, well, call your commissioner, and they'll file a complaint on your behalf. And we've had that. And it depends on who the code enforcement officer is. And I'm not throwing any rocks at Code. I'm just talking about the policy is you're not allowed, unless it's a health, safety, and welfare issue, to file an anonymous complaint. So maybe we could enhance the -- just as a trial basis, to enhance the instruction that comes from Code to say, if you want to file an anonymous complaint, your commissioner will do it for you. November 13, 2018 Page 218 CHAIRMAN SOLIS: Yeah. I kind of assumed that that happened, but if it's not, yeah, I'd be in favor of that. COMMISSIONER McDANIEL: I've had several people that have called me that have said, geez, I got -- you know, I got this guy doing this and this -- and Michael and I talk on a regular basis, so... CHAIRMAN SOLIS: Yeah. And I would just -- I mean, if maybe there's just a script that could be written. Because it's not only you can call your commissioner, but be advised you're going to have to tell your commissioner who you are -- COMMISSIONER TAYLOR: Yes. CHAIRMAN SOLIS: -- as well. COMMISSIONER FIALA: And you'll remain anonymous. The commissioner will not divulge that. CHAIRMAN SOLIS: Jamie's making a face. COMMISSIONER McDANIEL: It has to be by phone, because once it goes into writing, text, email, then it becomes a matter of public record -- CHAIRMAN SOLIS: Yeah. COMMISSIONER McDANIEL: -- and you can't protect the anonymity. CHAIRMAN SOLIS: Is there a logistical issue with doing that? MR. FRENCH: No, sir. For the record, Jamie French, deputy department head for Growth Management. Commissioner, currently -- we're always evolving. As this board is aware, we've been working with Plante Moran to come in and look at our efficiencies as well as the way we do business. And we define quality by the service that the client receives, and in this case it's beyond -- the Board is our client, but also our internal customers in our community. So one of the things that we've recently done is as we receive anonymous complaints, we do run them. We'll actually send an officer November 13, 2018 Page 219 or we'll send an investigator in the field. It may not be that next day, unless they have identified it as health/safety and that it's urgent, but we do go by. And we will actually take a look at the property. And if we can visibly see something from the road or from a public entryway, then at that point we would have a conversation with the complainant. Now, again, it would all be based off health/safety. We're not talking about perhaps an RV that may have been there a day too long or somebody's boat that they had been out enjoying their weekend and they forgot to put it back in storage within a couple days. We're simply talking about these life-safety issues, as you mentioned, sir. With regards to anonymous complaints, our staff is trained, and they will ask open-ended questions to ask exactly what is going on. We want to get a good picture before we put one of our investigators actually in the field so that we're not putting them in harm's way as well. We have constant communication with our Sheriff's Department. Mike meets with the lieutenants of each district pretty much on a monthly basis. Most recently you passed a card skimmer resolution where you moved forward, and immediately we'd already met with Lieutenant Chad Parker -- and we've known Chad for years, but we're already working that out, and we've already brought somebody on, a former sheriff's deputy, as a job bank associate that we can partner with the Sheriff's Office to move forward and look at those. So we are constantly paying attention to your direction. And, again, we recognize that this is a very important asset to the community. If you've noticed, our code enforcement officers, we're no longer in military gear. We're no longer -- we no longer look like police officers. No badges other than our county ID and, simply, we're a county employee and we're simply there to educate and to help. November 13, 2018 Page 220 Now, clearly, if that doesn't happen, we will go into the enforcement action. And so when we do have repeat offenders, when we find that there may be some drug paraphernalia or perhaps some illegal activities going on, we partner with the Sheriff's Office to stop that activity right then and there. So I know Commissioner Fiala and I had a detailed discussion last Friday about her concerns, and I met with Nick Kouloheras today. We're going into that community, because I want to look for that illegal construction. And, quite honestly, when we hear this from the dais, when you're mentioning communities, that's all we need. We know that it's a concern to you. I don't need an -- and Mike doesn't need a call from your aide to say "go look at this." We recognize it's a concern to you, and we want to make sure that we're able to protect the interests of all your constituents and that we look at this fairly. So, again, when we do receive anonymous complaints, we will be sending an officer by or an investigator by. We may not interact with that property owner. But to your point, Commissioner McDaniel, there is an ordinance -- there's an adopted policy on record that if you do have a repeat offender, your words, with regards to falsifying complaints, we can take action against those, and it's a $5,000 fine. We work very closely with County Attorney Klatzkow's office, Kevin Noell and his office, we work very closely with him, and we've only done this with one person because, simply, when they see that ordinance, they recognize that we mean business, and we will go after them in the event that it's a repeat offender and it's a falsified complaint. So the only thing that I would -- the only thing that I would caution, or that staff would caution, is that, anonymous or not, if we're going to actually start processing maybe falsified complaints and have something, it no longer is anonymous. It's a public record. November 13, 2018 Page 221 So if we were to prosecute or if we were to take forward an order to actually -- to pursue someone for calling in falsified complaints remaining anonymously, then it's no longer anonymous. It then becomes public record. CHAIRMAN SOLIS: Right. I want to make sure I understand our process, though. So if somebody calls in and says, I don't want to give you my name, but I have a complaint against my neighbor, it's a code violation, I want you to look into it, you do investigate it? MR. FRENCH: If it's a life-safety issue, yes, sir. CHAIRMAN SOLIS: Okay. But let's say it's not a life-safety issue. Let's say it's my neighbor's got a boat or something or he's got something in his backyard that I don't like or his dog barks all the time. MR. FRENCH: Well, what we would do is we'd send an investigator by. CHAIRMAN SOLIS: You would, even though it's -- MR. FRENCH: They're in the neighborhood, anyway, sir. So we would go by. We would take a look at it, that code enforcement officer. He may not -- that boat may sit there for a few weeks. CHAIRMAN SOLIS: Okay. MR. FRENCH: But at the end of the day, that would be a controlling case that he we have conversation with the property owner. COMMISSIONER McDANIEL: Boat owner. COMMISSIONER FIALA: That happens every single time; you send somebody out? MR. FRENCH: No. No, ma'am. This is something most recent that we've recently initiated. CHAIRMAN SOLIS: Oh, okay. MR. FRENCH: And, again, this is primarily as a result back from Mike and I working together, working with the community, working with the Sheriff's Office, but even, more importantly, working with Plante Moran on how we're actually conducting business and how November 13, 2018 Page 222 we compare to other communities around the nation. MR. OCHS: We will retrain or reinforce in our code enforcement officers the current policy and make sure they're advising anonymous complainants to work through their commission office. COMMISSIONER FIALA: And then another thing you said you don't have a uniform anymore or -- MR. FRENCH: They're in county uniform. I'm sorry. COMMISSIONER FIALA: But -- well, what did you say? MR. FRENCH: I'm sorry. They're no longer in a military type of a -- or a police type of an outfit. It's very friendly. It's very open. It's much like any other county -- COMMISSIONER FIALA: Just a T shirt, right? MR. FRENCH: No, ma'am. It's a polo-type collared county-labeled shirt. It's clearly identified that they're a county employee. COMMISSIONER FIALA: Okay. Because I've had a few complaints from people not -- they're afraid to answer their door -- don't forgot we're talking about some tough neighborhoods here. CHAIRMAN SOLIS: Yep. COMMISSIONER FIALA: They don't want to answer that door. They want to know that if there's -- the guy at the other end is really a guy that works for that. They can say anything through the door. MR. FRENCH: Yes, ma'am. COMMISSIONER FIALA: And so you have to be a little bit more careful about that. And I think it's helped to have some type of a uniform or at least a code enforcement sign or something. MR. FRENCH: If you -- they are driving a county marked vehicle. And if you look at the picture on the -- COMMISSIONER FIALA: I don't have one. COMMISSIONER McDANIEL: There isn't one. MR. FRENCH: -- on your screen -- I'm sorry. November 13, 2018 Page 223 Troy, could you pull up that first slide. You'll see this is our code enforcement uniform, and it's clearly marked on their shirts that they're a Collier County employee. They wear their name badge where it's visible, and it's a county-issued uniform, so you can clearly identify that it is a county employee. COMMISSIONER FIALA: Okay. Now, what about a place that's in disrepair all the time and maybe has a business that you don't want to have in that neighborhood, is there -- and it continues to repeat itself and, you know, arrests and everything and it continues to repeat itself, what can you do about that? MR. OSSORIO: Good morning, Commissioners. For the record, Mike Ossorio, Collier County Code Enforcement. We just amended our operating procedures that relates to repeat and reoccurring violations. And like Jamie mentioned, that we're working really closely with the Sheriff's Office as we speak as it relates to any kind of drug houses, any kind of blight houses, any kind of damaged houses from the hurricane. Most recently we were working over in Plantation Island. There's a lot of damage out there, so we're working with the Building Department and the Fire Department and also the Sheriff's Office as well. So we just tweaked our anonymous complaints, and we just tweaked our ability for repeat violations. So I believe next month we'll probably have a huge number on the code enforcement -- actually, in East Naples area, we have about 33 repeat violations going back in front of the Code Enforcement Board. So we're looking at all that, too, as well. COMMISSIONER FIALA: Okay, good. And let me just make a comment on the record. I've called Jamie before with different problems. I don't care if it's a new parking lot that has just -- or rather new car sales that have just gone up in a parking lot off the beaten path November 13, 2018 Page 224 with new things or whether it be complaints or whatnot, and he's been great. When we've needed him to come about with pickleball things, he's able to clean up a neighborhood so that it wasn't a disgrace for us to look at, and he works closely with Jay Maholland who just thinks the world of him, and I think the world of Jay as well. So it's a good team over there. Thank you. MR. OCHS: It's a great team. Thank you. CHAIRMAN SOLIS: Commissioner Taylor, briefly. COMMISSIONER TAYLOR: Yeah, just -- he's going to be upset that I'm saying it, but the change in the policy is because of Jeff Klatzkow, who I reached out to for a home in the CRA district. And he just -- he's making things happen when there's repeated, repeated problems. COMMISSIONER McDANIEL: That was that consent-agenda item that we talked about earlier? COMMISSIONER TAYLOR: Yes, yes, yes. COMMISSIONER McDANIEL: Right. COMMISSIONER TAYLOR: I reached out to the legal minds, gentlemen. CHAIRMAN SOLIS: So do you need any direction, a motion for anything to continue the way we have been? MR. FRENCH: No, sir. We are acting within the current policy, and we'll continue to navigate through. And if we have any concerns, we'll certainly share them with our commissioners. CHAIRMAN SOLIS: Great. Thank you. COMMISSIONER TAYLOR: Are we done? CHAIRMAN SOLIS: I think so. COMMISSIONER FIALA: No. Don't tell me we're at the end of our -- it's only 5:00. November 13, 2018 Page 225 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to Item 15, staff and commission general communications. I'll just give you a brief reminder on your upcoming workshops. You have two workshops on February the 5th, one in the morning having to do with your transit system, and at 1 p.m. on February 5th you're going to have your fertilizer workshop that the Board had requested. And then on March 5th you're going to -- you're scheduled for your discussion on Future Land Use Map and the buildout projections that you asked to get scheduled for a workshop in the spring. And the only other thing I have is -- and we've referenced it several times today with the advent of the successful sales-tax referendum. I'm going to bring an item back to the Board at the next meeting that kind of lays out, from our perspective, the general implementation plan as we see it. I'll show you a little bit about, at least at this point, our preliminary schedule for the projects, let you assign priorities to those as you'd like, and I think that way we can keep the momentum going. Mr. Klatzkow's office, as you know, has already advertised for applicants for your citizens oversight committee. Probably bring that back in January if we get enough applicants at that point. MR. KLATZKOW: We've got many, many applicants. COMMISSIONER TAYLOR: I'm getting emails. MR. KLATZKOW: Very, very capable people. COMMISSIONER TAYLOR: This is, yeah, very, very impressive. MR. KLATZKOW: You're going to have the pick of the litter on November 13, 2018 Page 226 this one. COMMISSIONER TAYLOR: Very impressive. COMMISSIONER FIALA: Oh, good. I hope Mike has been sending -- has your assistant been sending -- COMMISSIONER TAYLOR: Yeah. COMMISSIONER FIALA: -- then where to send them and the application and so forth? Good. I hope Mike has been doing that too. I think he has. COMMISSIONER McDANIEL: I'm sure he has. MR. OCHS: That's all I have, Mr. Chairman. COMMISSIONER TAYLOR: And when is the sales tax going to implemented? MR. OCHS: January 1st is the effective date. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Probably won't see any receipts from the state until March. CHAIRMAN SOLIS: County Attorney Klatzkow? MR. KLATZKOW: Nothing, sir. CHAIRMAN SOLIS: Madam Clerk? THE CLERK: No. Thank you so much. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: No, I have no comments, just a particular statement. And, you know, oftentimes things go through our consent agenda and summary agendas unsung, but I would like to offer accolades to Commissioner Saunders for your work -- didn't mean to wake you up -- but the work and the efforts that you have going on in Golden Gate City. On the summary agenda, the economic zone, development zone that you're implementing there for Golden Gate City, I think's going to be a huge benefit. I've seen the initiatives, I've watched what you have going on, and those are going to be amazing things for that community. Far past due. November 13, 2018 Page 227 COMMISSIONER SAUNDERS: Thank you. I appreciate you saying that, and I appreciate the support the Board has given in terms of doing that. COMMISSIONER McDANIEL: Sure. There you are. That's all I had, sir. Happy Thanksgiving to everybody. COMMISSIONER TAYLOR: That's right. MR. OCHS: Same to you. COMMISSIONER FIALA: Well, thank you. I would like to say the same thing about -- I'm getting calls and saying, why don't we do that in East Naples? And we never thought about doing that. And so they said, well, you ought to meet with him and find out what he's doing so he can help us, too. They're talking about things like Naples Manor and -- well, there's quite a few sections. And they want to know how to do it, and I said, well, maybe you-all could have a meeting with him. Am I allowed to sit in on a meeting to hear how he's putting that together, or does it just have to be the people in the community? But we want to follow his example. COMMISSIONER SAUNDERS: Well, I'll be happy to meet with anybody that wants to talk about any of those types of issues. Obviously, you and I cannot meet with the community together. COMMISSIONER FIALA: I don't know. It's not something we would have to vote on, I guess, or -- COMMISSIONER SAUNDERS: It would be a Sunshine issue. COMMISSIONER FIALA: Maybe so. Okay, fine. So then I'll have them arrange -- COMMISSIONER SAUNDERS: Just have them call me. COMMISSIONER FIALA: -- to call you. Okay, good. That was on my list, by the way. And then the -- and second on that list but same -- under the same topic, Happy Birthday. It was a -- November 13, 2018 Page 228 COMMISSIONER SAUNDERS: Thank you. COMMISSIONER FIALA: I hope it was a wonderful day. COMMISSIONER SAUNDERS: It was. It was very nice. Thank you. COMMISSIONER FIALA: The third thing was a little bit of a proud thing. I love to see all the sports that are coming to the East Naples area. It is so exciting. Here we have watersports at Sugden and three different competition things, and there was -- I brought it in. Who did I give it to? I brought a picture of it in. Oh, I gave it to the fellows over there, those guys sitting in the head seats -- to show the boats up in the air and flipping around. It was wonderful. But, anyway, that's there. So that's there right at Sugden Park. And then you go right around the corner and East Naples Community Park where we're having tournaments beginning shortly with the pickleball starting in January, I think, and a lot of tournaments every single month, and then the big gun coming right after that. It's wonderful. Then right around the corner from that we have the Botanical Garden, the jewel in -- our crown over there. Good things are happening, and that's exciting. And of all things, we have the swimming pool and, lo and behold, they had swim meets in there. I think that -- we've never seen that before over there, and the place has been so crowded. Eleven school buses the other day. I'm sitting there watching. I go over. And I'm sitting there watching, and all of a sudden who walks by? Steve Carnell. He said, I knew you'd be here. So I wanted to tell you about that. And the last thing is, it's a little bit of business here instead good-news stuff, and that is I got a letter -- or a request from a guy named Jim Lang. He's very involved with the veterans, and he said a state bill is being introduced to exempt sales tax on primary housing November 13, 2018 Page 229 due to being in a disaster zone and requiring to relocate until such time the owner/renter can move back in. At present, this relocation is subject to both sales and tourist taxes in case -- in cases of 180 days or less. They would be required to show a lease or homestead in the case of an owner. I believe the county would have to allow the tourist portion of this tax. This would apply to federal disaster area and could be done as an exemption or file for a rebate on those fees. I can be reached at so and so number. Thank you for attending yesterday's -- oh. So, anyway, he's wanting to know if we can do that here for our sales tax and for our tourist tax. And I don't know who to send him to. MR. OCHS: If I could just have that correspondence, ma'am, I'll reach out to him. COMMISSIONER FIALA: Okay, good. I will do that. Thank you very much, and thank you for your indulgence. Happy Thanksgiving. CHAIRMAN SOLIS: Happy Thanksgiving. Commissioner Taylor. COMMISSIONER TAYLOR: Well, I had the experience of reacquainting myself with the swamp buggy competition a couple weeks ago. COMMISSIONER McDANIEL: Were you the official flagger? COMMISSIONER TAYLOR: No, I wasn't, but I can tell you how exciting it was. Now, I know this sounds strange because I remember umpty-ump years ago, '78, 79, photographing swamp buggy. It isn't your grandmother's swamp buggy anymore. CHAIRMAN SOLIS: It ain't your grandmama's -- COMMISSIONER TAYLOR: And I know that they don't have heads and beds, I don't know that they don't draw, yet, from other communities, but I would like to see what we can do to promote this, because it's one of those things that makes our county unique. November 13, 2018 Page 230 COMMISSIONER FIALA: That's right. I agree. COMMISSIONER TAYLOR: No one else has swamp buggies, and it's exciting. COMMISSIONER FIALA: My son brought people from Idaho. COMMISSIONER SAUNDERS: It used to be on ESPN. I remember watching it at an airport one night when I was, I think, in Michigan or someplace. There was the Naples swamp buggies. I don't know if they still do that. COMMISSIONER McDANIEL: They haven't advertised on ESPN for probably eight, 10 years. COMMISSIONER SAUNDERS: Why don't you bring that to the Tourist Development Council in terms of -- COMMISSIONER TAYLOR: Well, I talked to staff, and they said, Penny, it's not heads and beds. I mean, Jack Wert -- COMMISSIONER SAUNDERS: It could be. COMMISSIONER TAYLOR: Well, you know, to me, if -- it's a draw. COMMISSIONER SAUNDERS: If there's -- if there was a way to get -- if there was a way to get some television coverage, it would be heads and beds. It would be advertising. COMMISSIONER McDANIEL: Absolutely. I mean, it's -- I remember when it would -- it used to be downtown, and then it was over on Radio Road -- COMMISSIONER TAYLOR: Oh, I photographed it on Radio Road. COMMISSIONER McDANIEL: -- and now it's out on 951. So, I mean, it's the heritage of Collier County. COMMISSIONER TAYLOR: And what they're designed -- I mean, I know this sounds strange for those of you that aren't into swamp buggy, but look at the designs of these buggies and look at how powerful they are. November 13, 2018 Page 231 COMMISSIONER McDANIEL: Those are all my friends, so you're -- COMMISSIONER TAYLOR: Okay. So what can we craft to -- well, chair of the TDR right here, that's you. COMMISSIONER FIALA: I could take it back to the TDC this month. I think we meet shortly. COMMISSIONER TAYLOR: Yeah, at the end of the -- I don't know. Soon. Do you meet in December or November? This is November. COMMISSIONER FIALA: Usually on the fourth Monday, but we didn't meet this fourth Monday. Maybe it's -- I don't know. I know we have another meeting before the end of the year. I can bring it back. COMMISSIONER TAYLOR: Okay. And I'll be in the audience when you do. COMMISSIONER FIALA: Good. That would be just great. COMMISSIONER TAYLOR: I just think it's very important now to make our county a draw besides -- because of all the issues we're having. COMMISSIONER FIALA: "Unique" was a perfect word. COMMISSIONER TAYLOR: Unique. And so that's another issue that I'm working on. I'm trying to gain support from other counties to -- asking the legislature to set aside a dedicated fund to convert septic to sewer. And this is not a fund that could be raided like a Sadowski fund. This is when a project is ready, there's money there. Now, you know, we're not all ready for our projects. And so I'm talking to a couple folks up in Lee County. I've already talked to one commissioner. Unfortunately, because it's lobbying the state, we can't do it through the RPC, which I was hoping we can. But we can't. But it's kind of on that same pattern, and I hope that I have your support for that. November 13, 2018 Page 232 COMMISSIONER SAUNDERS: Sure, absolutely. The governor did -- for a couple years, they had set aside $50 million, but it was an annual appropriation for septic to sewer. COMMISSIONER TAYLOR: Okay. COMMISSIONER SAUNDERS: There's a precedent for the state spending money for that. They've done it the last several years, but there's no dedicated funds. It's just an annual statement. COMMISSIONER TAYLOR: We need to have it -- we need to show folks who are deciding that they will not come to South Florida anymore because they're worried about red tide that we're serious about taking care of our water. And I think this might be one way to do it. COMMISSIONER SAUNDERS: It would be a very good way. COMMISSIONER TAYLOR: Now, of course, Pine Ridge is not included in the septic to sewer. COMMISSIONER FIALA: Oh, they can't get out of it. COMMISSIONER TAYLOR: I had to. CHAIRMAN SOLIS: You had to throw me under the bus. COMMISSIONER TAYLOR: I did. I did. But, you know, we're struggling now with, for instance, just briefly, what happened with the Ridge Street and Frank Whiteman and that area, is that we came after a lot of hard work -- the city came through at about, what, 22-, 26,000 a house. And through very hard work with incredible contributions of the county in this stormwater sewer project, we reduced that assessment to 13-. So it doesn't mean that folks would be given it, but it would mean that it would help offset it and encourage folks to do this. Okay. Got it. Great. Thank you very much. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: I have one item. With the passage of the sales tax, I realize that it takes years to collect all of November 13, 2018 Page 233 these funds, but there's -- we have set aside $30 million for the veterans nursing home. Under the state program and the federal program for developing these, it takes a lot of time. And I'd like to get the Commission to amend our legislative agenda, both state and federal, to direct our lobbyists to pursue funding for a veterans nursing home. Start that this year. It may take a year or two to move that along. But if the lobbyists know and the state and federal officials know that we have $30 million, that we will have that at some point, I'd like to see that added to our agenda. So, again, it will take a couple years to accumulate money, but it will also take a couple years to get approval. CHAIRMAN SOLIS: It could be a nice site next to a park. COMMISSIONER SAUNDERS: It could be. COMMISSIONER FIALA: Or a golf course. COMMISSIONER SAUNDERS: It could be on a school site. CHAIRMAN SOLIS: Manatee. COMMISSIONER TAYLOR: Manatee. I was thinking Manatee. COMMISSIONER McDANIEL: No, no, no. Don't go there. COMMISSIONER SAUNDERS: I thought maybe that football field over at Naples High would be a good location for it. COMMISSIONER FIALA: That golf course. How do we preserve that so we'd have a place for it? COMMISSIONER SAUNDERS: Good question. But anyway, I'd like to -- COMMISSIONER McDANIEL: I like that idea. Moving it up on our priorities now gets us moving right into it. COMMISSIONER TAYLOR: Well -- and then if I have concurrence -- and I'm going to piggyback on what you're saying -- could we also, working with our County Attorney and our County Manager, have a request for a dedicated fund and get that in front of November 13, 2018 Page 234 them? Because I'm -- I have no illusions that that isn't -- this is going to happen like, you know, magic. But if we don't step up and say, look, state legislators, we need this money. Please start putting money aside for it -- CHAIRMAN SOLIS: It was part of Senator Passidomo's platform for her campaign. If you go to her website, sewer to septic is one of her main -- that's one of her three platform statements. COMMISSIONER TAYLOR: But how? Give me the mechanics. We need money. CHAIRMAN SOLIS: No. I'm suggesting that -- yeah, I think Senator Passidomo is on board with that. COMMISSIONER TAYLOR: Good. COMMISSIONER McDANIEL: How'd we get from the veterans facility back to the sewer to septic? COMMISSIONER TAYLOR: Because both of them will be put on your legislative agenda, amend the legislative -- if there's an agreement. COMMISSIONER SAUNDERS: And let me ask the manager. I'm assuming that this could be added. We don't need to come back at a public meeting. We're in a public meeting. MR. OCHS: Yes, sir. This is direction, yes. COMMISSIONER TAYLOR: All right, great. Wonderful. Thank you. CHAIRMAN SOLIS: Commissioner Saunders, that's all? Okay. I have been told that I've been remiss, and I have to talk about the Artist of the Month. COMMISSIONER TAYLOR: Yes, you have. CHAIRMAN SOLIS: The Artist of the Month is Collier County resident Deborah Martin. Deborah's inspiration comes from her love for the environment of South Florida and from her concern for our water bodies and their inhabitants. November 13, 2018 Page 235 She creates beautiful paintings that show the fragility of nature, and her hope is to inspire the viewer to look more lovingly at our flora and fauna and the Gulf of Mexico. Deborah's art has been exhibited in several shows and galleries nationwide, and they're really spectacular. They're in the back. Couple of other things. One, I'd like to go ahead and, if we can, start thinking about the mental-health workshop for this coming year. Things, I think, are going to be happening with the passage of the sales tax. So maybe June is usually, I think, when we've done it. MR. OCHS: Yeah. I've got a little placeholder for June, Commissioner. Last time we talked about this, there was some discussion about the committee putting together a strategic plan. And once I know that's ready to go, then we can -- CHAIRMAN SOLIS: Okay. MR. OCHS: -- we can schedule that workshop, and you'll have the opportunity to review that in advance. CHAIRMAN SOLIS: Right. And the -- I've been working on the resolution for the ad hoc committee. MR. OCHS: Yes. CHAIRMAN SOLIS: And that will be coming up at the next meeting in December; I believe so. MR. OCHS: Yes. CHAIRMAN SOLIS: That will be on the next meeting, okay, the next agenda. Some good-news items. There's a couple things going on today and Wednesday at the accelerator that somebody's asked me to just bring forward. It's Global Entrepreneurship Week, and there's going to be two events at the Naples Accelerator. One this evening and one tomorrow. The one tonight is by Lasting Links, which is a member of the Naples Accelerator that help seniors and elderly and their families protect their November 13, 2018 Page 236 finances and guide them through steps before they lose their faculties and become vulnerable to financial predators. So that's going to be an interesting presentation. It's open to the public. Also, tomorrow at 9 a.m. -- I'm sorry. Tonight, that's from 5:30 to 7:00. So if anybody's interested, you can run over there. From 9 a.m. to 10 a.m. tomorrow, they're debuting the 1 Million Cups Naples, which is a Kaufmann Foundation program, and there's going to be presentations by one of the accelerator members, Logiscool, which, if you haven't seen this, it's a fascinating thing. It's kind of an after-school program for kids and teens that, essentially, through games and things, teaches them how to create code. It's fascinating and the kids -- COMMISSIONER McDANIEL: Create what? CHAIRMAN SOLIS: Code, computer code. COMMISSIONER McDANIEL: Oh, okay. COMMISSIONER TAYLOR: Oh, yeah. CHAIRMAN SOLIS: Yeah. And they've been started by a couple of entrepreneurs, RP Sulty from Hyper Team, which is another member, and also our own Felix Lluberes, who we probably all know, that's created several companies. And then there's another one. The other company that's presenting is Marvee, a voice-first design company that specializes in building voice experiences for older adults and families through Alexa and Google. So these are companies that are working with technology that's really on the cutting edge. So I thought I'd mention that. Last, I would just -- I'm going to stand up for portables. I spent most of my high school career in a portable. It was actually an upgrade from the rest of the school that didn't have air-conditioning. The portables always had air-conditioning, which was great. So it ain't so bad. COMMISSIONER FIALA: Let me say, I've been told portables, November 13, 2018 Page 237 they can't stay in the portables when it rains. They have to go into the schools. CHAIRMAN SOLIS: I spent many a day in a rainy portable. Very good. COMMISSIONER TAYLOR: Yeah, they stay in them in the rain. CHAIRMAN SOLIS: Okay. MR. OCHS: Happy Thanksgiving, Commissioners. CHAIRMAN SOLIS: Thank you. Happy Thanksgiving. ***** **** Commissioner McDaniel moved, seconded by Commissioner Fiala and carried that the following items under the Consent and Summary Agendas be approved and/or adopted (Commissioner Solis abstained from voting on Item #16A10); Item #17C Ordinance has changes) **** Item #16A1 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR LEGACY LAKES, PL20160001600 – A FINAL INSPECTION WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF ON SEPTEMBER 10, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A2 FINAL ACCEPTANCE OF THE POTABLE WATER AND November 13, 2018 Page 238 SEWER FACILITIES FOR TWO LAKES PLAZA, PL20130001740, 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 $13,556.73 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL WAS CONDUCTED BY STAFF ON SEPTEMBER 20, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR HALDEMAN’S LANDING, PL20160000052, 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 $23,641.23 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED BY STAFF ON SEPTEMBER 20, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER November 13, 2018 Page 239 UTILITY FACILITIES FOR ARTHREX AT CREEKSIDE, PL20160001149, 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 $6,077.95 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED BY STAFF ON SEPTEMBER 28, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A5 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR CAMINETTO AT MEDITERRA, PL20160003356 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – THE DEVELOPER OF CAMINETTO AT MEDITERRA, CONSTRUCTED THE POTABLE WATER AND SEWER FACILITIES WITHIN DEDICATED EASEMENTS TO SERVE THE DEVELOPMENT Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR WALMART #1957 LIQUOR STORE ADDITION, PL20170000924 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE November 13, 2018 Page 240 SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,912.49 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FOR THE WALMART STORE AT THE I-75/IMMOKALEE ROAD INTERCHANGE Item #16A7 RESOLUTION 2018-196: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF THE WING SOUTH AIRPARK EXTENSION, APPLICATION NUMBER AR-14094, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A8 RESOLUTION 2018-197: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL PLAT OF TREVISO BAY, APPLICATION NUMBER AR-6434, AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A9 RESOLUTION 2018-198: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF LIPARI-PONZIANE, APPLICATION NUMBER AR- 10023, AND AUTHORIZE RELEASE OF THE MAINTENANCE November 13, 2018 Page 241 SECURITY Item #16A10 – Commissioner Solis abstained (During Agenda Changes) RESOLUTION 2018-199: FINAL ACCEPTANCE OF PRIVATE DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS, FOR THE FINAL PLAT OF MARENGO AT FIDDLER’S CREEK, APPLICATION NUMBER 20160000119, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A11 RECORDING THE MINOR FINAL PLAT OF BENT CREEK PRESERVE PHASE 2C, APPLICATION NUMBER PL20180000470 – FOR THE DEVELOPMENT NEAR THE INTERSECTION OF IMMOKALEE ROAD AND WOODCREST DRIVE Item #16A12 RECORDING THE FINAL PLAT OF ISOLA BELLA, (APPLICATION NUMBER PL20180002267) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A13 RECORDING THE MINOR FINAL PLAT OF LOT 8, November 13, 2018 Page 242 SOUTHWIND ESTATES REPLAT, APPLICATION NUMBER PL20180000406 Item #16A14 RESOLUTION 2018-200: GRANTING FINAL ACCEPTANCE OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS IN A PORTION OF A WOODCREST DRIVE RIGHT-OF-WAY AS CONVEYED AND RECORDED IN OR BOOK 4842, PAGE 3226, OR BOOK 4246, PAGE 1993 AND OR BOOK 4287, PAGE 2137 WITH ROADWAY AND DRAINAGE IMPROVEMENTS MAINTAINED BY COLLIER COUNTY, AND RETURN THE DEVELOPER’S MAINTENANCE SECURITY Item #16A15 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND IN THE AMOUNT OF $26,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20180002086) FOR WORK ASSOCIATED WITH THE ISLES OF COLLIER PRESERVE PARCEL T Item #16A16 RESOLUTION 2018-201: AMENDING EXHIBIT "A" TO RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO REFLECT THE TEMPORARY REDUCTION OF THE SPEED LIMITS ON: GOLDEN GATE BOULEVARD, FROM APPROXIMATELY 18TH STREET NW/SW TO 1000' EAST OF EVERGLADES November 13, 2018 Page 243 BOULEVARD AND EVERGLADES BOULEVARD FROM 2ND AVENUE NE TO 2ND AVENUE SE, FROM FORTY-FIVE (45) MILES PER HOUR TO THIRTY-FIVE (35) MILES PER HOUR, DUE TO DESIGN-BUILD CONSTRUCTION ACTIVITIES ALONG GOLDEN GATE BOULEVARD (PROJECT #60145) Item #16A17 RELEASING A CODE ENFORCEMENT LIEN WITH A VALUE OF $17,000.10 FOR PAYMENT OF $2,000 IN CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. WILLIAM AND LAURA MARA, CODE ENFORCEMENT BOARD CASE NO. CESD20080004753 RELATING TO PROPERTY LOCATED AT 4550 BOABADILLA STREET, COLLIER COUNTY, FLORIDA Item #16A18 A 2018-2019 GRANT AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR FY18 CITY OF NAPLES BEACH MAINTENANCE PROJECT IN THE AMOUNT OF $185,000, AUTHORIZE THE CHAIRMAN TO EXECUTE AGREEMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 90527) – FOR BEACHES, PASS AND INLET MAINTENANCE, AND FISHING PIERS FOR THE CITY OF NAPLES, THE CITY OF MARCO ISLAND, AND COLLIER COUNTY FOR FY2018-2019 Item #16A19 A PURCHASE AGREEMENT FOR ACQUISITION OF LAND November 13, 2018 Page 244 (PARCEL 345FEE) NECESSARY FOR CONSTRUCTION OF INTERSECTION SAFETY IMPROVEMENTS AT CORKSCREW ROAD (CR 850) AND WILDCAT DRIVE. (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM, PROJECT NO. 60016). ESTIMATED FISCAL IMPACT: $68,370 Item #16A20 THE SELECTION COMMITTEE’S RANKING FOR RPS #18-7448 “VERIFICATION TESTING FOR GOLDEN GATE BLVD. DESIGN-BUILD” (PHASE II), AND ENTERING INTO NEGOTIATIONS WITH THE TOP RANKED FIRM OF JOHNSON ENGINEERING, INC., FOR PROJECT NO. 60145. IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THAT FIRM, TO CONTINUE NEGOTIATING WITH THE REMAINING FIRMS IN RANKED ORDER TO OBTAIN A PROPOSED AGREEMENT, WHICH WILL BE BROUGHT TO THE BOARD CONSIDERATION AT A SUBSEQUENT MEETING – ALSO INCLUDED IN THE COMMITTEE’S SELECTION WERE AIM ENGINEERING SURVEYING, INC. AND HIGHSPANS ENGINEERING, INC. Item #16A21 AWARDING INVITATION TO BID (ITB) NO. 18-7458, “NUISANCE MOWING AND DEBRIS REMOVAL,” TO: COLLIER PROPERTY SPECIALIST, LLC, AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT – CODE ENFORCEMENT DIVISION ASSIGNED 500 LOT MOWING/LITTER REMOVAL IN FY18 AND ANTICIPATES November 13, 2018 Page 245 ROUGHLY 1,000 ABATEMENTS DURING FY19 Item #16A22 AUTHORIZING PAYMENT OF THE ANNUAL ASSESSMENT FEE FOR COLLIER COUNTY’S MEMBERSHIP IN THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC), IN THE AMOUNT OF $107,300 FOR FY19 – THE ANNUAL ASSESSMENT FEE IS BASED ON THE COUNTY’S POPULATION. PAYMENTS OF $101,036, $103,140 AND $105,060 WERE MADE TO SWFRPC IN FY16-FY18, RESPECTIVELY Item #16A23 A BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF $246,990.22 (PROJECTS #60088, #60085, #60066, #69333, #69339 AND #69338) Item #16A24 AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. 17327 WITH FLORIDA FISH AND WILDLIFE COMMISSION FOR THE REMOVAL OF DERELICT VESSELS IN THE WATERWAYS OF COLLIER COUNTY. (PROJECT NO. 33577) Item #16A25 November 13, 2018 Page 246 AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 2 TO CONTRACT NO. 18-7245 WITH TAYLOR ENGINEERING, INC., FOR THE COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN Item #16A26 SECOND AMENDMENT TO AGREEMENT NO. 17-7103 WITH Q. GRADY MINOR AND ASSOCIATES, P.A. FOR POST- DESIGN CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $190,844 FOR THE WEST GOODLETTE- FRANK ROAD JOINT STORMWATER-SEWER PROJECT. (PROJECT NO. 60142) – AMENDMENT NO. 2 MOVES ALREADY ALLOCATED FUNDS IDENTIFIED FOR CONTINGENCY AND GRANTS MANAGEMENT INTO TWO NEW TASKS IDENTIFIED AS TASK 1.5: COUNTYWIDE EVALUATION OF FDEP COMPREHENSIVE VERIFIED LIST, AND TASK 1.5.1: COORDINATION OF FDEP NUMERIC NUTRIENT CRITERIA FOR ROOKERY BAY; AS WELL AS ALLOWING FOR LUMP SUM PAYMENTS FOR ONE OF THOSE TASKS, AND STRIKING TASK 2.3: GRANT MANAGEMENT FROM THE ORIGINAL AGREEMENT Item #16A27 FIRST AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND METRO FORECASTING MODELS, LLC, IN THE AMOUNT OF $68,000 FOR ADDITIONAL WORK TASKS ASSIGNED FOR THE UPDATE AND DEVELOPMENT OF THE COLLIER INTERACTIVE GROWTH MODEL (CIGM) November 13, 2018 Page 247 VERSION 3.0, TO PROVIDE POPULATION MODELING FOR THE ENTIRE COUNTY Item #16A28 AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. AB005 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE REMOVAL OF MARINE LIFE DEBRIS DUE TO RED TIDE ON BEACHES AND WATERWAYS OF COLLIER COUNTY (PROJECT NO. 33584) – AMENDMENT NO. 1 INCREASES THE GRANT AMOUNT BY $75,000 TO ADDRESS THE COST OF ADDITIONAL MARINE DEBRIS REMOVAL Item #16A29 COMMERCIAL EXCAVATION PERMIT PL20180002282 TO EXCAVATE AND REMOVE AN ADDITIONAL 284,085 CUBIC YARDS OF MATERIAL FROM THE EXISTING APPROVED EAST NAPLES MINE (PHASE 1) – THE APPLICANT WISHES TO EXPAND OPERATION OF AN EXISTING COMMERCIAL EXCAVATION WHICH WOULD INVOLVE REMOVING THE BERM BETWEEN EAST NAPLES MINE PHASE 1 AND EAST NAPLES MINE (PHASE 2) TO COMBINE THE PREVIOUSLY APPROVED TWO LAKES INTO ONE LARGER LAKE Item #16A30 COMMERCIAL EXCAVATION PERMIT PL20180002284 TO EXCAVATE AND REMOVE AN ADDITIONAL 506,337 CUBIC YARDS OF MATERIAL FROM THE EXISTING APPROVED November 13, 2018 Page 248 EAST NAPLES MINE - PHASE 2 Item #16A31 DIRECTING STAFF TO BRING BACK AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE TO MODIFY THE DEFINITION OF ESSENTIAL SERVICES IN LDC SECTION 2.01.03 TO INCLUDE COMMUNICATIONS TOWERS, AND TO ALLOW COMMUNICATION TOWERS AS A CONDITIONAL USE WITHIN THE RURAL FRINGE MIXED USE DISTRICT- SENDING LANDS, AND TO ALLOW APPLICATIONS FOR SUCH COMMUNICATION TOWERS TO BE PROCESSED UNDER THE PROPOSED NEW ZONING STANDARDS WHILE THE LDC AMENDMENT PROCESS IS PENDING – AFTER VETTING THROUGH COUNTY ADVISORY BODIES Item #16A32 AUTHORIZING THE COUNTY MANAGER AND HIS/HER DESIGNEE TO ELECTRONICALLY SUBMIT A FLOOD MITIGATION ASSISTANCE GRANT APPLICATION AND ALL ASSOCIATED DOCUMENTS TO THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE COLLIER COUNTY FREEDOM PARK STORMWATER PUMP STATION IMPROVEMENTS PROJECT, IN THE AMOUNT OF THE TOTAL PROJECT COST OF $1,572,500, INCLUDING AN ESTIMATED REQUIRED LOCAL MATCH IN THE AMOUNT OF $393,125 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A33 November 13, 2018 Page 249 EXTENDING THE CONTRACT AWARDED TO SOUTHERN SIGNAL & LIGHTING, INC., AND SIMMONDS ELECTRICAL OF NAPLES, INC., UNDER RFP #14-6229, “INSTALLATION & MAINTENANCE OF TRAFFIC SIGNALS AND ROADWAY LIGHTING,” FOR SIX MONTHS OR UNTIL A NEW CONTRACT IS AWARDED – ORIGINALLY APPROVED JUNE 10, 2014, FOR AN INITIAL ONE-YEAR TERM, WITH (3) ADDITIONAL ONE-YEAR RENEWALS. ALL RENEWALS HAVE BEEN USED AND THE ADDITIONAL SIX-MONTH EXTENSION IS SET TO EXPIRE DECEMBER 6, 2018 Item #16B1 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY TO UPGRADE WATER LINES AND INSTALL/UPGRADE OF FIRE HYDRANTS ON BECCA AVENUE AND PINE STREET IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA – THE BGTCRA IS LOCATED ON THE PERIPHERY OF THE CITY OF NAPLES WATER SERVICE AREA AND HAS HISTORICALLY EXPERIENCED LOW WATER FLOW AND PRESSURE CONDITIONS Item #16C1 AWARDING BID #18-7394, “WATER TREATMENT SERVICES,” TO U.S. WATER SERVICES CORPORATION FOR COUNTYWIDE WELL WATER TREATMENT SERVICES – REQUIRED TO MINIMIZE OPERATIONAL DOWN TIME AND FOR FACILITIES TO BE MAINTAINED IN TOP OPERATING November 13, 2018 Page 250 CONDITION Item #16C2 AWARDING REQUEST FOR PROPOSAL (RFP) #18-7324, “GENERATOR MAINTENANCE, REPAIR & INSTALLATION,” TO L.J. POWER, INC. AND POWERSECURE SERVICE, INC., RESPECTIVELY, TO PROVIDE THE COUNTY SERVICES FOR GENERATOR MAINTENANCE, INSTALLATION, REPAIR, FUEL POLISHING AND RENTALS – HISTORICALLY ANNUAL EXPENDITURES FOR THESE SERVICES HAVE TOTALED APPROXIMATELY $500,000, BUT ARE ANTICIPATED TO INCREASE AS MORE GENERATORS ARE ADDED THROUGHOUT PUBLIC UTILITIES WATER AND WASTEWATER SYSTEMS Item #16C3 AWARDING INVITATION TO BID #18-7422 “SRO WELLFIELD TRANSFORMERS REPLACEMENT” TO SIMMONDS ELECTRICAL OF NAPLES, INC., IN THE AMOUNT OF $59,711 TO REPLACE TWO PAD-MOUNTED TRANSFORMERS THAT WERE DAMAGED DURING HURRICANE IRMA (PROJECT NO. 50154) AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT – TO MAINTAIN A RELIABLE RAW WATER SUPPLY FOR THE REVERSE OSMOSIS WATER TREATMENT SYSTEM AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) THAT SERVES CUSTOMERS THROUGHOUT THE SERVICE AREA Item #16D1 November 13, 2018 Page 251 AWARDING INVITATION TO BID (ITB) #18-7444, CONSTRUCTION OF AN RV SITE AT PEPPER RANCH, TO EBL PARTNERS, LLC, IN THE AMOUNT OF $77,498.16, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT Item #16D2 “AFTER-THE-FACT” AMENDMENTS AND ATTESTATION STATEMENTS WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) FOR COMMUNITY CARE FOR THE ELDERLY (CCE), ALZHEIMER’S DISEASE INITIATIVE (ADI), AND HOME CARE FOR THE ELDERLY (HCE) GRANT PROGRAMS FOR PY 18-19 SERVICES FOR SENIORS AND TO AUTHORIZE BUDGET AMENDMENTS TO ADJUST PREVIOUS YEAR (PY17-18) CO-PAY GOAL BUDGETS. (NET FISCAL IMPACT $217) – THESE SERVICES ENABLE CLIENTS TO REMAIN IN THEIR HOMES AND LIVE WITH INDEPENDENCE AND DIGNITY Item #16D3 “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) OLDER AMERICAN ACT TITLE III PROGRAM FOR SERVICES FOR SENIORS AND AUTHORIZE BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR PY 2018/2019. (NET FISCAL IMPACT: $174,620.83 November 13, 2018 Page 252 Item #16D4 FUNDING FROM THE COLLIER COUNTY COMMUNITY FOUNDATION IN THE AMOUNT OF $15,000 TO REPLACE PLAYGROUND EQUIPMENT AT MCCLEOD PARK IN EVERGLADES CITY, EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) FOR IMPROVEMENTS AND RESURFACING THE TENNIS AND BASKETBALL COURTS AT THE PARK WITH ESTIMATED $15,000 FROM PARKS CAPITAL FUND (306), AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS Item #16D5 AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $62,000 WITHIN PARKS CAPITAL FUND (306), FROM EAST NAPLES PICKLEBALL, PROJECT #80274 TO COMMUNITY PARK EAST NAPLES MASTER PLAN, PROJECT #80368 Item #16D6 A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. FOR THE DELIVERY OF THE 21ST CENTURY LEARNING CENTERS SWIMMING SKILLS AND DROWNING PREVENTION “MIRACLE” PROGRAM IN IMMOKALEE – WILL PROVIDE UP TO $7,200 TO FUND THE SWIMMING SKILLS PROGRAM DURING CAMPS HELD FROM NOVEMBER 13, 2018 TO DECEMBER 15, 2018 AT THE IMMOKALEE SPORTS COMPLEX November 13, 2018 Page 253 Item #16D7 A TEN (10) YEAR UPDATE TO THE BAREFOOT BEACH PRESERVE PARK LAND/USE MANAGEMENT PLAN WITH THE FLORIDA OFFICE OF ENVIRONMENTAL SERVICES, ACTING AS AGENT FOR THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 AWARDING REQUEST FOR PROPOSAL (RFP) #18-7300, SERVICES FOR SENIORS, TO ELEVEN ASH, INC., D/B/A HEALTH FORCE; GOLDEN CARE HOME HEALTH INC.; AND ALWAYS THERE HOME HEALTH CARE, INC. AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS Item #16D9 AN AGREEMENT WITH ZACK’S FOOD CART MINISTRY CATERING, INC., IN RESPONSE TO REQUEST FOR PROPOSAL (RFP) NO. 18-7349, “MOBILE FOOD UNIT” AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT – ZACK’S IS OFFERING A REVENUE SHARING PLAN OF A FIXED MONTHLY CONCESSION COMMISSION OF EIGHTEEN PERCENT (18%) OF GROSS SALES Item #16D10 November 13, 2018 Page 254 A MORTGAGE SATISFACTION FOR THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS IN THE AMOUNT OF $ 45,787 AND RELEASE OF THE SUBSIDY RETENTION AND AUTHORIZE A BUDGET AMENDMENT TO RECOGNIZE CDBG PROGRAM INCOME IN THE AMOUNT OF $35,000 – AN OWNER ASSISTED BY THE PROGRAM IS LOOKING TO SELL HIS HOME Item #16D11 A BUDGET AMENDMENT RECOGNIZING $196,546.01 OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INCOME FOR PROGRAM YEAR 2018/2019 – FOR INCOME EARNED JULY 1 THROUGH SEPTEMBER 30, 2018 Item #16D12 ONE (1) SATISFACTION OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE AMOUNT OF $9,602.77 – FOR PROPERTY AT 1047 HARTLEY AVENUE, #111, ON MARCO ISLAND Item #16D13 ONE (1) SATISFACTION OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM, WITH HOME MATCH, FOR PAYMENT IN THE AMOUNT OF $5,400 – FOR PROPERTY AT 5216 MAPLE LANE, IN NAPLES November 13, 2018 Page 255 Item #16D14 SUBMITTING THE 2018 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) INCENTIVE REVIEW AND RECOMMENDATION REPORT TO FLORIDA HOUSING FINANCE CORPORATION AS REQUIRED BY SECTION 420.9076 (4), FLORIDA STATUTE – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D15 AWARDING REQUEST FOR PROPOSAL (RFP) #18-7351, VETERANS COMMUNITY PARK PICKLEBALL CONCESSIONAIRE, TO PICKLEBALL ENTERPRISES, LLC AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT – TO PROVIDE SERVICES INCLUDING BUT NOT LIMITED TO: MIXERS, LEAGUES, TOURNAMENTS, INSTRUCTIONAL PROGRAMS, RENTALS, A MEMBERSHIP PROGRAM, AND PRO SHOP SALES WHICH MAY INCLUDE EQUIPMENT, CLOTHING, BEVERAGES, AND SNACKS Item #16D16 RESOLUTION 2018-202: CONTRACT AND AN ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AAASWFL) FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM (EHEAP), REPEAL AND SUPERSEDE RESOLUTIONS NO. 96- 268 AND 2010-122 TO ADD EHEAP TO THE LIST OF SERVICES FOR SENIORS PROGRAMS (CCSS) THAT MAY BE ADMINISTRATIVELY PROCESSED AND RATIFIED BY THE November 13, 2018 Page 256 BOARD AFTER-THE-FACT, A MEMORANDUM OF UNDERSTANDING (MOU) WITH FLORIDA POWER & LIGHT (FPL), LEE COUNTY ELECTRIC COOPERATIVE (LCEC), AND CENTRO-CAMPESINO FARMWORKER CENTER, AND AUTHORIZE A BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR PY18/19. (NET FISCAL IMPACT: $55,757) Item #16D17 AN EXTENSION AGREEMENT TO EXTEND THE TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), TO COMPLETE THE T-2 FLEX AUTO COUNT PARKING SYSTEM INSTALLATION AT DELNOR WIGGINS BEACH PARK – TO EXTEND THE AGREEMENT THROUGH DECEMBER 31, 2018 Item #16D18 DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR ADOPTION AT A LATER MEETING AN ORDINANCE CREATING THE VANDERBILT WATERWAYS MUNICIPAL SERVICE TAXING UNIT FOR THE SHORT-TERM DREDGING OF WATER TURKEY BAY AS WELL AS THE LONG-TERM MAINTENANCE OF THE CHANNEL – THE PROPOSED ORDINANCE WILL LEVY AND ASSESS A TAX NOT TO EXCEED ONE MIL AGAINST TAXABLE PROPERTY WITHIN THE MSTU AREA; ALSO CREATES AN ADVISORY COMMITTEE THAT WILL MAKE RECOMMENDATIONS TO THE BOARD ABOUT THE SHORT-TERM AND LONG-TERM November 13, 2018 Page 257 MAINTENANCE NEEDS FOR THE WATERWAYS WITHIN THE MSTU AREA. THE COMMITTEE WILL CONSIST OF FIVE (5) PROPERTY OWNERS RESIDING IN THE MSTU AREA Item #16D19 AN AGREEMENT WITH THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS TO PROVIDE TRANSIT SERVICE INTO DELNOR- WIGGINS STATE PARK; AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT – TO ALLEVIATE CONGESTION AND PARKING LIMITATION BY PROVIDING AN ALTERNATE MODE OF TRANSPORTATION TO ACCESS COLLIER COUNTY BEACHES Item #16E1 RENEWING THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR COLLIER COUNTY EMERGENCY MEDICAL SERVICES TO PROVIDE CLASS 1 ADVANCED LIFE SUPPORT TRANSPORT (ALS) FOR ONE YEAR AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE Item #16E2 THE PURCHASE OF GROUP HEALTH REINSURANCE THROUGH VOYA/RELISTAR IN THE ESTIMATED AMOUNT OF $968,567, EFFECTIVE JANUARY 1, 2019 Item #16E3 November 13, 2018 Page 258 THE REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE NET AMOUNT OF $48,595.12 CONSIDERED UNCOLLECTIBLE FROM THE FINANCIAL RECORDS OF VARIOUS ADMINISTRATIVE SERVICES DEPARTMENT FUND CENTERS IN ACCORDANCE WITH RESOLUTION 2006-252 – FUNDS UNLIKELY TO BE COLLECTED AT THIS TIME Item #16E4 RATIFYING PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY18 – ALLOWS FOR A TIMELY RESPONSE TO CLAIMANTS AND/OR THEIR REPRESENTATIVES Item #16E5 EXTENDING CONTRACT #14-6253 “COMMUNICATION SERVICES” WITH AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC., FOR 6-MONTHS OR UNTIL A NEW CONTRACT IS AWARDED – PRIMARILY USED FOR IT NETWORK CABLE RUNS AND REPAIRS TO CONNECT PCS, PHONES, ETC., TO THE COUNTY’S NETWORK Item #16E6 SUBMITTAL OF AN EMS MATCHING GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF HEALTH FOR THE November 13, 2018 Page 259 PURCHASE OF POWER STRETCHERS FOR A TOTAL OF $221,000 (MATCH $55,250) – WILL OUTFIT THE REMAINING AMBULANCES WITH POWERED STRETCHERS Item #16E7 AN ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E8 THE SALE AND DISPOSAL OF SURPLUS ASSETS PER RESOLUTION 2013-095 VIA PUBLIC AUCTION ON NOVEMBER 17, 2018; APPROVE THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS AGENDA ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE PROCUREMENT DIRECTOR, AS DESIGNEE FOR COUNTY MANAGER, TO SIGN FOR THE TRANSFER OF VEHICLE TITLES – ASSETS CONSIDERED OBSOLETE, UNECONOMICAL OR INEFFICIENT, THAT SERVE NO USEFUL PURPOSE TO COUNTY OPERATING DIVISIONS AND OBTAIN REVENUE FOR THE COUNTY Item #16E9 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING November 13, 2018 Page 260 BOARD APPROVAL – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F1 THE USE OF TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT UPCOMING SPORTS TOURISM EVENTS IN DECEMBER 2018 AND JANUARY 2019 FOR UP TO $29,250 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – FOR FLORIDA STATE PICKLEBALL CHAMPIONSHIPS ON DECEMBER 7-9, 2018; THE GATORADE COLLEGE SHOWCASE ON DECEMBER 8-9, 2018 AND GULFCOAST HOLIDAY HOOPFEST ON DECEMBER 27-30, 2018 Item #16F2 RESOLUTION 2018-203: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET Item #16J1 ENDORSING THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES DEPARTMENT OF TREASURY COMBINED EQUITABLE SHARING AGREEMENT AND CERTIFICATION THROUGH SEPTEMBER 30, 2019 – FOR JOINT INVESTIGATIONS IN WHICH THE SHERIFF’S OFFICE WORKS WITH THE US DEPARTMENT OF JUSTICE AND US DEPARTMENT OF TREASURY TO ENFORCE FEDERAL November 13, 2018 Page 261 CRIMINAL LAWS Item #16J2 A REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDING SEPTEMBER 30, 2018 Item #16J3 DETERMINING VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF NOVEMBER 7, 2018 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16J4 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN OCTOBER 11 AND OCTOBER 31, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 RESOLUTION 2018-204: REAPPOINTING A MEMBER TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE – REAPPOINTING ANDREA HALMAN TO THE TERM EXPIRING SEPTEMBER 23, 2022 November 13, 2018 Page 262 Item #16K2 RESOLUTION 2018-205: APPOINTING A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION, REPRESENTING COMMISSION DISTRICT 3 – APPOINTING KARL FRY TO A 4-YEAR TERM EXPIRING OCTOBER 1, 2022 Item #16K3 RESOLUTION 2018-206: APPOINTING A MEMBER TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD – APPOINTING GEORGE GUNNAR THOMPSON TO THE TERM EXPIRING OCTOBER 1, 2021 Item #16K4 A STIPULATED FINAL JUDGMENT FOR FINAL COMPENSATION IN THE AMOUNT OF $10,350 FOR PARCEL 250RDUE, PLUS $2,488 IN STATUTORY ATTORNEY FEES AND COSTS, AND $3,125 FOR EXPERT FEES AND COSTS, IN THE LAWSUIT STYLED COLLIER COUNTY V. PEDRO E. PENA, ET AL, CASE NO. 15-CA-0350, REQUIRED FOR GOLDEN GATE BOULEVARD WIDENING PROJECT NO. 60040. (FISCAL IMPACT: $14,563) Item #16K5 A STIPULATED FINAL JUDGMENT FOR FINAL COMPENSATION IN THE AMOUNT OF $87,500 FOR PARCEL 300RDUE, PLUS $18,381 IN STATUTORY ATTORNEY FEES AND COSTS, AND $2,967 FOR EXPERT FEES AND COSTS, IN November 13, 2018 Page 263 THE LAWSUIT STYLED COLLIER COUNTY V. BLD ASSOCIATES, LLC, ET AL, CASE NO. 16-CA-1214, REQUIRED FOR GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145. (FISCAL IMPACT: $46,348) Item #16K6 A SETTLEMENT AGREEMENT IN THE AMOUNT OF $19,000 TO SETTLE THE LAWSUIT STYLED JUNE PRESTON V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 2:18-CV-30-FTM-99CM NOW PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Item #16K7 A MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $25,000, PLUS $7,664.25 IN STATUTORY ATTORNEY FEES, AND $3,000 FOR EXPERT COSTS, TO SETTLE FULL COMPENSATION FOR THE TAKING OF PARCEL 233RDUE IN THE CASE STYLED COLLIER COUNTY V. ARABEL SUBIAUT, ET AL., CASE NO. 14-CA-2762, REQUIRED FOR WIDENING OF GOLDEN GATE BOULEVARD, PROJECT NO. 60040. (FISCAL IMPACT: $33,889.25) Item #16K8 COMPLYING WITH A COURT ORDER OF THE FEDERAL DISTRICT COURT IN FT. MYERS AWARDING THE DEFENDANT, RTG, LLC, $162,502.50 IN ATTORNEYS’ FEES INCURRED BOTH IN THE DISTRICT COURT AND ON November 13, 2018 Page 264 APPEAL IN THE CASE OF COLLIER COUNTY V. RTG, LLC (CASE NO. 2:17-CV-14-FTM-38CM) Item #16K9 AUTHORIZING THE COUNTY ATTORNEY TO INITIATE ANY LEGAL ACTION HE DEEMS NECESSARY TO PREVENT A RESIDENTIAL HOME FROM BEING USED IN A MANNER WHICH CREATES A PUBLIC NUISANCE – FOR PROPERTY AT 3339 CANAL STREET IN NAPLES Item #16K10 A SETTLEMENT AGREEMENT AND MUTUAL RELEASE IN THE LAWSUIT STYLED FREDERICK STEVENS V. COLLIER COUNTY (CASE NO. 17-CA-1201), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR $30,000, WITH PAYMENT TO BE MADE BY NON-PARTIES AND NO CONTRIBUTION MADE BY COLLIER COUNTY Item #17A ORDINANCE 2018-53: AN ORDINANCE AMENDING ORDINANCE NO. 99-97, THE COLLIER TRACT 21 PLANNED UNIT DEVELOPMENT BY ALLOWING AUTOMOTIVE VEHICLE DEALERS AS A PRINCIPAL USE, ALLOWING A HOTEL UP TO 200 ROOMS INSTEAD OF 100 ROOMS, AND ESTABLISHING A TRAFFIC TRIP CAP FOR THE COMMERCIAL TRACT; PROVIDING A PARKING DEVIATION FOR A LUXURY AUTOMOBILE DEALERSHIP; AND BY November 13, 2018 Page 265 PROVIDING AN EFFECTIVE DATE. THE COMMERCIAL PARCEL, CONSISTING OF 3.4+/- ACRES OF THE 267.44-ACRE PUD, IS LOCATED ON THE WEST SIDE OF US 41 AND APPROXIMATELY 2,200 FEET NORTH OF 111TH AVENUE IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (THIS IS A COMPANION TO AGENDA ITEM #17B) Item #17B ORDINANCE 2018-54: THE OLD COLLIER GOLF CLUB, INC. SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, AND TRANSMIT TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. (ADOPTION HEARING) (PL20180000038/CPSS-2018-2) [COMPANION TO AGENDA ITEM #17A] Item #17C – Adopted w/changes (to include the cities and an opt-out provision) ORDINANCE 2018-55: ESTABLISHING SECURITY MEASURES FOR RETAIL GAS STATIONS TO HELP PREVENT THE USE OF CREDIT CARD SKIMMERS Item #17D ORDINANCE 2018-56: CREATING THE GOLDEN GATE CITY ECONOMIC DEVELOPMENT ZONE TO FACILITATE ECONOMIC DEVELOPMENT BY ESTABLISHING AN ECONOMIC DEVELOPMENT PLAN AND TRUST FUND, November 13, 2018 Page 266 SETTING A BASE TAX YEAR FOR THE FUND, AND REIMBURSING ELIGIBLE EXPENDITURES AS AUTHORIZED IN ADVANCE BY THE BOARD FOR USE IN ENCOURAGING ECONOMIC GROWTH Item #17E RESOLUTION 2018-207: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2018-19 ADOPTED BUDGET ***** November 13, 2018 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:18 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPEC L IST ',pole UNDER ITS CONTROL ANDY SOLIS, CHAIRMAN ATTEST CRYSTAL K. KIN ,EL, CLERK , ,. P--ytcui.,., c:4 toe- r--F1 Attcs t as to Chairman:,--s-J`. ( signature only, These minutes approved by the Board on -D -c- L \ 2o1 W, as presented \/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 267 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Andrew I. Solis Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY t$COUNTY CIOTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Colliernty DATE ON WHICH VOTE OCCURRED MY POSITION CoIS: November 13, 2018 MY IS: ii ELECTIVE CI APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board,council, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). • • ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. ! k / f fr t N f k ♦ f Y f t t ; APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solis hereby disclose that on November 13 20 18 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, ; inured to the special gain or loss of a client of my law firm by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On November 13,2018,the Board of County Commissioners will consider Agenda Item 16-A-10, a recommendation to approve a Resolution for final acceptance of the private drainage improvements,and acceptance of the plat dedications,for the final plat of Marengo at Fiddler's Creek and authorize the release of the maintenance security. The Developer, Lennar Homes, LLC, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat.to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. •t tf November 13,2018 a Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.